Sub. H. B. No. 1 As Reported by the House Finance and Appropriations Committee

As Reported by the House Finance and Appropriations Committee

128th General Assembly

Regular Session

2009-2010

Sub. H. B. No. 1

Representative Sykes

Cosponsors: Representatives Chandler, Brown, Bolon

A BILL

To amend sections 9.06, 9.314, 107.21, 109.572,

109.73, 109.742, 109.744, 109.751, 109.761,

109.77, 109.802, 109.803, 118.05, 120.04,

120.08, 120.52, 120.53, 121.04, 121.07, 121.08,

121.083, 121.084, 121.13, 121.31, 121.37, 121.40,

121.401, 121.402, 122.05, 122.051, 122.075,

122.151, 122.17, 122.171, 122.40, 122.603,

122.71, 122.751, 122.76, 122.89, 123.01, 123.152,

124.03, 124.04, 124.07, 124.11, 124.134, 124.14,

124.15, 124.152, 124.18, 124.181, 124.183,

124.22, 124.23, 124.27, 124.321, 124.324,

124.325, 124.34, 124.381, 124.382, 124.385,

124.386, 124.392, 124.81, 125.081, 125.22,

125.831, 126.05, 126.21, 126.35, 127.16, 131.33,

133.06, 135.03, 135.06, 135.08, 135.32, 141.04,

145.012, 145.298, 148.02, 148.04, 149.43, 150.01,

150.02, 150.03, 150.04, 150.05, 150.07, 152.09,

152.10, 152.12, 152.15, 152.33, 156.01, 156.02,

156.03, 156.04, 166.07, 169.08, 173.08, 173.35,

173.392, 173.40, 173.401, 173.42, 173.43, 173.50,

173.99, 174.02, 174.03, 174.06, 176.05,

307.626, 307.629, 307.79, 311.17, 319.301,

319.302, 319.54, 321.24, 323.156, 323.78, 329.03,

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

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

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

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

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

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

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

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

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

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

953.21, 953.22, 953.23, 955.201, 1321.20,

1321.51, 1321.52, 1321.53, 1321.54, 1321.55,

1321.551, 1321.57, 1321.59, 1321.60, 1321.99,

1322.01, 1322.02, 1322.03, 1322.031, 1322.04,

1322.041, 1322.05, 1322.051, 1322.052, 1322.06,

1322.061, 1322.062, 1322.063, 1322.064, 1322.07,

1322.071, 1322.072, 1322.074, 1322.075, 1322.08,

1322.081, 1322.09, 1322.10, 1322.11, 1327.46,

1327.50, 1327.51, 1327.511, 1327.52, 1327.54,

1327.57, 1327.58, 1327.60, 1327.62, 1327.70,

1327.99, 1332.24, 1332.25, 1343.011, 1345.01,

1345.05, 1345.09, 1347.08, 1349.31, 1349.43,

1501.01, 1501.05, 1501.07, 1501.30, 1502.12,

1506.01, 1507.01, 1511.01, 1511.02, 1511.021,

1511.022, 1511.03, 1511.04, 1511.05, 1511.06,

1511.07, 1511.071, 1511.08, 1514.08, 1514.13,

1515.08, 1515.14, 1515.183, 1517.02, 1517.10,

1517.11, 1517.14, 1517.16, 1517.17, 1517.18,

1519.03, 1520.02, 1520.03, 1521.03, 1521.031,

1521.04, 1521.05, 1521.06, 1521.061, 1521.062,

1521.063, 1521.064, 1521.07, 1521.10, 1521.11,

1521.12, 1521.13, 1521.14, 1521.15, 1521.16,

1521.18, 1521.19, 1523.01, 1523.02, 1523.03,

1523.04, 1523.05, 1523.06, 1523.07, 1523.08,

1523.09, 1523.10, 1523.11, 1523.12, 1523.13,

1523.14, 1523.15, 1523.16, 1523.17, 1523.18,

1523.19, 1523.20, 1531.01, 1533.10, 1533.11,

1541.03, 1547.01, 1547.51, 1547.52, 1547.531,

1547.54, 1547.542, 1547.73, 1547.99, 1548.10,

1707.17, 1707.18, 1707.37, 1710.01, 1710.02,

1710.03, 1710.04, 1710.06, 1710.10, 1710.13,

1724.04, 1739.05, 1751.03, 1751.04, 1751.05,

1751.14, 1751.15, 1751.16, 1751.19, 1751.32,

1751.321, 1751.34, 1751.35, 1751.36, 1751.45,

1751.46, 1751.48, 1751.831, 1751.84, 1751.85,

1753.09, 1901.26, 1901.31, 1907.24, 2101.01,

2151.011, 2301.02, 2301.03, 2303.201, 2317.422,

2503.17, 2903.13, 2903.21, 2903.211, 2903.22,

2903.33, 2911.21, 2913.46, 2921.13, 2937.22,

2949.091, 2949.111, 2949.17, 2981.13, 3105.87,

3119.01, 3121.037, 3121.0311, 3121.19, 3121.20,

3121.898, 3123.952, 3125.25, 3301.07, 3301.073,

3301.079, 3301.0710, 3301.0711, 3301.0714,

3301.0715, 3301.0716, 3301.12, 3301.16, 3301.42,

3301.55, 3301.68, 3302.01, 3302.02, 3302.021,

3302.03, 3302.031, 3302.05, 3302.07, 3304.231,

3307.31, 3307.64, 3309.41, 3309.48, 3309.51,

3310.03, 3310.08, 3310.09, 3310.11, 3310.14,

3310.41, 3311.06, 3311.19, 3311.21, 3311.29,

3311.52, 3311.76, 3313.174, 3313.41, 3313.48,

3313.481, 3313.482, 3313.483, 3313.53,

3313.532, 3313.533, 3313.536, 3313.55, 3313.60,

3313.603, 3313.605, 3313.607, 3313.608, 3313.61,

3313.611, 3313.612, 3313.614, 3313.615, 3313.62,

3313.64, 3313.642, 3313.6410, 3313.65, 3313.671,

3313.673, 3313.68, 3313.713, 3313.843, 3313.976,

3313.978, 3313.98, 3313.981, 3314.012, 3314.015,

3314.016, 3314.02, 3314.021, 3314.024, 3314.03,

3314.051, 3314.08, 3314.083, 3314.084, 3314.087,

3314.091, 3314.10, 3314.19, 3314.21, 3314.25,

3314.26, 3314.35, 3314.36, 3315.17, 3315.37,

3316.041, 3316.06, 3316.20, 3317.01, 3317.011,

3317.02, 3317.021, 3317.022, 3317.023, 3317.024,

3317.025, 3317.0210, 3317.0211, 3317.0216,

3317.03, 3317.031, 3317.04, 3317.05, 3317.051,

3317.053, 3317.061, 3317.063, 3317.08, 3317.081,

3317.082, 3317.12, 3317.16, 3317.18, 3317.20,

100

3317.201, 3318.011, 3318.051, 3318.061,

101

3318.08, 3318.36, 3318.38, 3318.44, 3319.073,

102

3319.08, 3319.081, 3319.088, 3319.11, 3319.151,

103

3319.16, 3319.17, 3319.172, 3319.22, 3319.221,

104

3319.233, 3319.234, 3319.235, 3319.24, 3319.25,

105

3319.26, 3319.261, 3319.28, 3319.291, 3319.303,

106

3319.36, 3319.41, 3319.51, 3319.56, 3319.57,

107

3319.60, 3319.61, 3319.63, 3321.01, 3321.05,

108

3323.05, 3323.091, 3323.14, 3323.142, 3324.05,

109

3325.08, 3326.11, 3326.14, 3326.21, 3326.23,

110

3326.31, 3326.32, 3326.33, 3326.34, 3326.36,

111

3326.37, 3326.38, 3326.51, 3327.02, 3327.04,

112

3327.05, 3329.16, 3333.04, 3333.122, 3333.123,

113

3333.16, 3333.28, 3333.35, 3333.38, 3333.61,

114

3333.62, 3333.66, 3333.73, 3333.83, 3334.01,

115

3334.02, 3334.03, 3334.04, 3334.06, 3334.07,

116

3334.08, 3334.09, 3334.10, 3334.11, 3334.12,

117

3334.16, 3334.17, 3334.18, 3334.19, 3334.20,

118

3334.21, 3345.011, 3345.12, 3345.32, 3345.61,

119

3345.62, 3345.63, 3345.64, 3345.65, 3345.66,

120

3349.242, 3365.01, 3365.04, 3365.041, 3365.07,

121

3365.08, 3365.09, 3365.10, 3501.17, 3701.024,

122

3701.045, 3701.07, 3701.344, 3701.71, 3701.72,

123

3701.78, 3701.84, 3702.51, 3702.52, 3702.524,

124

3702.525, 3702.53, 3702.532, 3702.54, 3702.544,

125

3702.55, 3702.57, 3702.59, 3702.60, 3702.61,

126

3702.87, 3702.89, 3702.90, 3702.91, 3702.92,

127

3702.93, 3702.94, 3703.01, 3703.03, 3703.04,

128

3703.05, 3703.06, 3703.07, 3703.08, 3703.10,

129

3703.21, 3703.99, 3704.14, 3704.144, 3705.24,

130

3706.04, 3706.25, 3709.09, 3710.01, 3710.04,

131

3710.05, 3710.051, 3710.06, 3710.07, 3710.08,

132

3710.12, 3710.13, 3712.01, 3712.03, 3713.01,

133

3713.02, 3713.03, 3713.04, 3713.05, 3713.06,

134

3713.07, 3713.08, 3713.09, 3713.10, 3714.07,

135

3714.073, 3717.07, 3717.23, 3717.25, 3717.43,

136

3717.45, 3718.03, 3718.06, 3721.01, 3721.02,

137

3721.071, 3721.23, 3721.50, 3721.51, 3721.53,

138

3721.55, 3721.56, 3722.01, 3722.011, 3722.02,

139

3722.021, 3722.04, 3722.041, 3722.05, 3722.06,

140

3722.08, 3722.09, 3722.10, 3722.13, 3722.14,

141

3722.15, 3722.16, 3722.17, 3722.18, 3722.99,

142

3727.02, 3729.07, 3733.02, 3733.04, 3733.25,

143

3733.43, 3734.05, 3734.28, 3734.281, 3734.53,

144

3734.57, 3734.573, 3734.82, 3734.901, 3734.9010,

145

3737.71, 3743.04, 3743.25, 3745.015, 3745.11,

146

3748.01, 3748.04, 3748.07, 3748.12, 3748.13,

147

3749.04, 3770.05, 3773.35, 3773.36, 3773.43,

148

3773.45, 3773.53, 3781.03, 3781.10, 3781.102,

149

3781.11, 3781.12, 3781.19, 3783.05, 3791.02,

150

3791.04, 3791.05, 3791.07, 3793.02, 3793.04,

151

3901.38, 3901.383, 3901.3812, 3901.3814,

152

3923.021, 3923.022, 3923.122, 3923.24, 3923.57,

153

3923.58, 3923.581, 3923.66, 3923.67, 3923.68,

154

3923.75, 3923.76, 3923.77, 3924.01, 3924.06,

155

3924.09, 3924.10, 3929.43, 3929.67, 3953.23,

156

3953.231, 4104.01, 4104.02, 4104.06, 4104.07,

157

4104.08, 4104.09, 4104.10, 4104.101, 4104.12,

158

4104.15, 4104.16, 4104.17, 4104.18, 4104.19,

159

4104.21, 4104.33, 4104.42, 4104.43, 4104.44,

160

4104.48, 4105.01, 4105.02, 4105.03, 4105.04,

161

4105.05, 4105.06, 4105.09, 4105.11, 4105.12,

162

4105.13, 4105.15, 4105.16, 4105.17, 4105.191,

163

4105.20, 4105.21, 4112.01, 4112.04, 4112.051,

164

4112.052, 4117.01, 4117.02, 4117.07, 4117.12,

165

4117.24, 4121.125, 4123.442, 4141.08, 4141.11,

166

4141.162, 4169.02, 4169.03, 4169.04, 4171.04,

167

4301.333, 4301.334, 4301.351, 4301.354, 4301.355,

168

4301.356, 4301.361, 4301.364, 4301.365, 4301.366,

169

4301.43, 4303.182, 4303.331, 4501.06, 4501.24,

170

4503.068, 4503.10, 4503.103, 4503.19, 4503.191,

171

4503.235, 4503.40, 4503.42, 4503.44, 4505.01,

172

4505.06, 4505.062, 4505.09, 4505.111, 4505.181,

173

4505.20, 4507.03, 4507.24, 4507.45, 4509.101,

174

4510.22, 4511.191, 4511.81, 4513.021, 4513.03,

175

4513.04, 4513.05, 4513.06, 4513.07, 4513.071,

176

4513.09, 4513.11, 4513.111, 4513.12, 4513.13,

177

4513.14, 4513.15, 4513.16, 4513.17, 4513.171,

178

4513.18, 4513.19, 4513.21, 4513.22, 4513.23,

179

4513.24, 4513.242, 4513.28, 4513.60, 4513.65,

180

4513.99, 4517.01, 4517.02, 4517.03, 4517.30,

181

4517.33, 4517.43, 4519.02, 4519.03, 4519.04,

182

4519.44, 4519.59, 4549.10, 4549.12, 4705.09,

183

4705.10, 4709.12, 4713.28, 4713.32, 4713.63,

184

4713.64, 4731.10, 4731.26, 4731.38, 4733.10,

185

4734.25, 4735.06, 4735.09, 4735.12, 4735.13,

186

4735.15, 4740.03, 4740.11, 4740.14, 4741.41,

187

4741.44, 4741.45, 4741.46, 4755.06, 4755.12,

188

4757.10, 4757.31, 4757.36, 4763.01, 4763.03,

189

4763.04, 4763.05, 4763.07, 4763.09, 4763.11,

190

4763.13, 4763.14, 4763.17, 4766.09, 4767.05,

191

4767.07, 4767.08, 4781.01, 4781.02, 4781.04,

192

4781.05, 4781.06, 4781.07, 4905.06, 4919.79,

193

4923.12, 4923.20, 4928.01, 5101.11, 5101.16,

194

5101.162, 5101.26, 5101.33, 5101.34, 5101.47,

195

5101.50, 5101.5212, 5101.54, 5101.541,

196

5101.544, 5101.571, 5101.573, 5101.60, 5101.61,

197

5101.83, 5101.84, 5104.01, 5104.041, 5104.051,

198

5104.30, 5104.32, 5104.341, 5104.35, 5104.38,

199

5104.39, 5104.42, 5107.05, 5107.16, 5107.17,

200

5107.58, 5111.01, 5111.015, 5111.028, 5111.032,

201

5111.033, 5111.034, 5111.06, 5111.176, 5111.222,

202

5111.231, 5111.232, 5111.24, 5111.25, 5111.261,

203

5111.65, 5111.651, 5111.688, 5111.705, 5111.85,

204

5111.851, 5111.874, 5111.875, 5111.89, 5111.891,

205

5111.894, 5111.971, 5112.30, 5112.31, 5112.37,

206

5112.371, 5115.03, 5119.16, 5119.61, 5120.032,

207

5120.033, 5120.09, 5120.135, 5122.31, 5123.049,

208

5123.0412, 5123.0413, 5126.044, 5126.05,

209

5126.054, 5126.055, 5126.0512, 5126.19, 5126.24,

210

5139.43, 5501.04, 5502.01, 5502.12, 5502.14,

211

5502.15, 5505.15, 5701.11, 5703.05, 5703.37,

212

5703.80, 5705.214, 5705.29, 5705.341, 5705.37,

213

5709.62, 5709.63, 5709.632, 5711.33, 5715.02,

214

5715.251, 5715.26, 5717.03, 5717.04, 5725.18,

215

5725.98, 5727.84, 5728.12, 5729.03, 5729.98,

216

5733.01, 5733.04, 5733.98, 5735.142, 5739.01,

217

5739.02, 5739.03, 5739.033, 5739.09, 5739.131,

218

5743.15, 5743.61, 5747.01, 5747.113, 5747.13,

219

5747.16, 5747.98, 5748.02, 5748.03, 5749.02,

220

5749.12, 5751.01, 5751.011, 5751.012, 5751.013,

221

5751.03, 5751.04, 5751.05, 5751.051, 5751.06,

222

5751.08, 5751.09, 5751.20, 5751.21, 5911.10,

223

5913.051, 5913.09, 6103.01, 6103.02, 6109.21,

224

6111.044, 6117.01, 6117.02, and 6119.011; to

225

amend, for the purpose of adopting new section

226

numbers as indicated in parentheses, sections

227

173.43 (173.422), 1517.14 (1547.81), 1517.16

228

(1547.82), 1517.17 (1547.83), 1517.18 (1547.84),

229

3313.174 (3313.82), 3319.233 (3333.049), 3334.03

230

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

231

3727.04 (3727.053), 3727.05 (3727.04), 5101.5110

232

(5101.5111), 5111.019 (5111.0120), and 5111.688

233

(5111.689); to enact new sections 173.43,

234

3301.0712, 3319.222, 3334.03, 5101.5110, and

235

5111.688 and sections 9.317, 111.26, 111.27,

236

117.54, 121.16, 121.375, 122.042, 122.12,

237

122.121, 122.85, 123.154, 124.821, 124.822,

238

124.86, 125.20, 125.24, 148.05, 149.308, 150.021,

239

150.051, 153.013, 173.28, 173.402, 173.403,

240

173.421, 173.423, 173.424, 173.425, 173.431,

241

173.432, 173.433, 173.434, 173.501, 173.70,

242

311.32, 737.39, 901.041, 901.91, 927.54, 943.031,

243

1321.521, 1321.531, 1321.532, 1321.533, 1321.534,

244

1321.535, 1321.536, 1321.552, 1321.591, 1321.592,

245

1321.593, 1321.594, 1321.595, 1322.022, 1322.023,

246

1322.024, 1322.065, 1327.501, 1327.71, 1513.021,

247

1547.02, 1547.85, 1547.86, 1547.87, 1751.68,

248

2315.50, 3119.371, 3301.122, 3301.80, 3301.81,

249

3301.82, 3301.83, 3301.90, 3306.01, 3306.011,

250

3306.012, 3306.02, 3306.03, 3306.031, 3306.04,

251

3306.05, 3306.051, 3306.052, 3306.06, 3306.07,

252

3306.08, 3306.09, 3306.091, 3306.10, 3306.11,

253

3306.12, 3306.13, 3306.14, 3306.15, 3306.16,

254

3306.17, 3306.18, 3306.19, 3306.191, 3306.192,

255

3306.21, 3306.22, 3306.25, 3306.29, 3306.291,

256

3306.292, 3306.30, 3306.31, 3306.32, 3306.321,

257

3306.33, 3306.34, 3306.35, 3306.40, 3306.50,

258

3306.51, 3306.52, 3306.53, 3306.54, 3306.55,

259

3306.56, 3306.57, 3310.15, 3311.0510, 3313.485,

260

3313.821, 3313.822, 3314.028, 3314.031, 3314.052,

261

3314.075, 3314.102, 3314.191, 3314.192,

262

3314.39, 3314.42, 3314.43, 3314.44, 3317.018,

263

3318.312, 3319.223, 3319.611, 3319.612, 3319.70,

264

3319.71, 3321.041, 3333.048, 3333.39, 3333.391,

265

3333.392, 3333.90, 3333.91, 3334.032, 3334.111,

266

3345.36, 3353.09, 3353.20, 3354.24, 3365.12,

267

3375.79, 3701.0211, 3701.136, 3701.611, 3702.592,

268

3702.593, 3706.35, 3709.092, 3710.141, 3715.041,

269

3721.511, 3721.512, 3721.513, 3722.022, 3727.052,

270

3734.282, 3793.21, 3903.77, 3923.241, 3923.84,

271

3923.90, 3923.91, 4113.11, 4113.81, 4113.82,

272

4113.83, 4113.84, 4113.85, 4113.86, 4123.446,

273

4501.243, 4501.29, 4503.563, 4582.71, 4781.16,

274

4781.17, 4781.18, 4781.19, 4781.20, 4781.21,

275

4781.22, 4781.23, 4781.24, 4781.25, 4781.99,

276

4919.80, 5101.073, 5101.504, 5101.5210,

277

5101.542, 5111.0121, 5111.236, 5111.861, 5111.88,

278

5111.881, 5111.882, 5111.883, 5111.884,

279

5111.885, 5111.886, 5111.887, 5111.888,

280

5111.889, 5111.8810, 5111.8811, 5112.372,

281

5112.40, 5112.41, 5112.42, 5112.43, 5112.44,

282

5112.45, 5112.451, 5112.46, 5112.47, 5112.48,

283

5119.613, 5119.621, 5119.622, 5155.38, 5505.152,

284

5705.219, 5705.2110, 5725.33, 5729.16, 5733.58,

285

5733.59, 5739.051, 5747.66, 5751.014, 5911.11,

286

5919.20, 5919.36, and 6119.091; to repeal

287

sections 173.71, 173.72, 173.721, 173.722,

288

173.723, 173.724, 173.73, 173.731, 173.732,

289

173.74, 173.741, 173.742, 173.75, 173.751,

290

173.752, 173.753, 173.76, 173.77, 173.771,

291

173.772, 173.773, 173.78, 173.79, 173.791,

292

173.80, 173.801, 173.802, 173.803, 173.81,

293

173.811, 173.812, 173.813, 173.814, 173.815,

294

173.82, 173.83, 173.831, 173.832, 173.833,

295

173.84, 173.85, 173.86, 173.861, 173.87,

296

173.871, 173.872, 173.873, 173.874, 173.875,

297

173.876, 173.88, 173.89, 173.891, 173.892,

298

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

299

927.74, 1504.01, 1504.02, 1504.03, 1504.04,

300

1517.15, 1521.02, 1711.58, 3301.0712, 3301.0718,

301

3301.43, 3302.032, 3314.026, 3314.085, 3314.13,

302

3317.10, 3319.0810, 3319.222, 3319.23, 3319.302,

303

3319.304, 3333.27, 3701.73, 3701.77, 3701.771,

304

3701.772, 3702.511, 3702.523, 3702.527,

305

3702.528, 3702.529, 3702.542, 3704.143, 3724.01,

306

3724.02, 3724.021, 3724.03, 3724.04, 3724.05,

307

3724.06, 3724.07, 3724.08, 3724.09, 3724.10,

308

3724.11, 3724.12, 3724.13, 3724.99, 4517.052,

309

4517.27, 4735.22, 4735.23, 5101.072, 5111.083,

310

5111.178, 5145.32, and 5923.141 of the Revised

311

Code; to amend Sections 205.10, 321.10, 325.20,

312

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

313

General Assembly; to amend Section 269.60.60 of

314

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

315

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

316

General Assembly to codify the Section as

317

section 3314.38 of the Revised Code; to amend

318

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

319

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

320

the 124th General Assembly to codify the Section

321

as section 3314.027 of the Revised Code; to

322

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

323

128th General Assembly; to amend Section 317.10

324

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

325

to amend Sections 103.80.80, 103.80.90, and

326

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

327

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

328

of the 127th General Assembly; to amend Sections

329

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

330

the 127th General Assembly; to amend Section

331

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

332

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

333

General Assembly, as subsequently amended; to

334

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

335

121st General Assembly, as subsequently amended;

336

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

337

128th General Assembly; to amend the version of

338

section 2949.111 of the Revised Code that is

339

scheduled to take effect January 1, 2010, to

340

continue the provisions of this act on and after

341

that effective date; to amend the version of

342

section 5739.033 of the Revised Code that is

343

scheduled to take effect January 1, 2010, to

344

continue the provisions of this act on and after

345

that effective date; to amend sections 5104.01

346

and 5104.38 of the Revised Code, effective July

347

1, 2011, to revive the law as it existed prior to

348

this act; to repeal sections 5112.40, 5112.41,

349

5112.42, 5112.43, 5112.44, 5112.45, 5112.451,

350

5112.46, 5112.47, and 5112.48 of the Revised

351

Code, effective October 1, 2011; to make

352

operating appropriations for the biennium

353

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

354

and to provide authorization and conditions for

355

the operation of state programs.

356

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

Section 101.01. That sections 9.06, 9.314, 107.21, 109.572,	357
109.73, 109.742, 109.744, 109.751, 109.761, 109.77, 109.802,	358
109.803, 118.05, 120.04, 120.08, 120.52, 120.53, 121.04, 121.07,	359
121.08, 121.083, 121.084, 121.13, 121.31, 121.37, 121.40,	360
121.401, 121.402, 122.05, 122.051, 122.075, 122.151, 122.17,	361
122.171, 122.40, 122.603, 122.71, 122.751, 122.76, 122.89,	362
123.01, 123.152, 124.03, 124.04, 124.07, 124.11, 124.134,	363
124.14, 124.15, 124.152, 124.18, 124.181, 124.183, 124.22,	364
124.23, 124.27, 124.321, 124.324, 124.325, 124.34, 124.381,	365
124.382, 124.385, 124.386, 124.392, 124.81, 125.081, 125.22,	366
125.831, 126.05, 126.21, 126.35, 127.16, 131.33, 133.06, 135.03,	367
135.06, 135.08, 135.32, 141.04, 145.012, 145.298, 148.02, 148.04,	368
149.43, 150.01, 150.02, 150.03, 150.04, 150.05, 150.07, 152.09,	369
152.10, 152.12, 152.15, 152.33, 156.01, 156.02, 156.03, 156.04,	370
166.07, 169.08, 173.08, 173.35, 173.392, 173.40, 173.401,	371
173.42, 173.43, 173.50, 173.99, 174.02, 174.03, 174.06, 176.05,	372
307.626, 307.629, 307.79, 311.17, 319.301, 319.302, 319.54,	373
321.24, 323.156, 323.78, 329.03, 329.042, 329.06, 340.033,	374
343.01, 504.21, 718.04, 721.15, 901.20, 901.32, 901.43, 903.082,	375
903.11, 903.25, 905.32, 905.33, 905.331, 905.36, 905.50,	376
905.51, 905.52, 905.56, 907.13, 907.14, 907.30, 907.31, 915.24,	377
918.08, 918.28, 921.02, 921.06, 921.09, 921.11, 921.13,	378
921.16, 921.22, 921.27, 921.29, 923.44, 923.46, 927.51, 927.52,	379
927.53, 927.56, 927.69, 927.70, 927.701, 927.71, 942.01,	380
942.02, 942.06, 942.13, 943.01, 943.02, 943.04, 943.05, 943.06,	381
943.07, 943.13, 943.14, 943.16, 953.21, 953.22, 953.23, 955.201,	382
1321.20, 1321.51, 1321.52, 1321.53, 1321.54, 1321.55, 1321.551,	383
1321.57, 1321.59, 1321.60, 1321.99, 1322.01, 1322.02, 1322.03,	384
1322.031, 1322.04, 1322.041, 1322.05, 1322.051, 1322.052,	385
1322.06, 1322.061, 1322.062, 1322.063, 1322.064, 1322.07,	386
1322.071, 1322.072, 1322.074, 1322.075, 1322.08, 1322.081,	387
1322.09, 1322.10, 1322.11, 1327.46, 1327.50, 1327.51, 1327.511,	388
1327.52, 1327.54, 1327.57, 1327.58, 1327.60, 1327.62, 1327.70,	389
1327.99, 1332.24, 1332.25, 1343.011, 1345.01, 1345.05, 1345.09,	390
1347.08, 1349.31, 1349.43, 1501.01, 1501.05, 1501.07, 1501.30,	391
1502.12, 1506.01, 1507.01, 1511.01, 1511.02, 1511.021, 1511.022,	392
1511.03, 1511.04, 1511.05, 1511.06, 1511.07, 1511.071, 1511.08,	393
1514.08, 1514.13, 1515.08, 1515.14, 1515.183, 1517.02,	394
1517.10, 1517.11, 1517.14, 1517.16, 1517.17, 1517.18, 1519.03,	395
1520.02, 1520.03, 1521.03, 1521.031, 1521.04, 1521.05, 1521.06,	396
1521.061, 1521.062, 1521.063, 1521.064, 1521.07, 1521.10,	397
1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16, 1521.18,	398
1521.19, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05, 1523.06,	399
1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12, 1523.13,	400
1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19, 1523.20,	401
1531.01, 1533.10, 1533.11, 1541.03, 1547.01, 1547.51, 1547.52,	402
1547.531, 1547.54, 1547.542, 1547.73, 1547.99, 1548.10, 1707.17,	403
1707.18, 1707.37, 1710.01, 1710.02, 1710.03, 1710.04, 1710.06,	404
1710.10, 1710.13, 1724.04, 1739.05, 1751.03, 1751.04, 1751.05,	405
1751.14, 1751.15, 1751.16, 1751.19, 1751.32, 1751.321,	406
1751.34, 1751.35, 1751.36, 1751.45, 1751.46, 1751.48, 1751.831,	407
1751.84, 1751.85, 1753.09, 1901.26, 1901.31, 1907.24, 2101.01,	408
2151.011, 2301.02, 2301.03, 2303.201, 2317.422, 2503.17, 2903.13,	409
2903.21, 2903.211, 2903.22, 2903.33, 2911.21, 2913.46, 2921.13,	410
2937.22, 2949.091, 2949.111, 2949.17, 2981.13, 3105.87, 3119.01,	411
3121.037, 3121.0311, 3121.19, 3121.20, 3121.898, 3123.952,	412
3125.25, 3301.07, 3301.073, 3301.079, 3301.0710, 3301.0711,	413
3301.0714, 3301.0715, 3301.0716, 3301.12, 3301.16, 3301.42,	414
3301.55, 3301.68, 3302.01, 3302.02, 3302.021, 3302.03,	415
3302.031, 3302.05, 3302.07, 3304.231, 3307.31, 3307.64,	416
3309.41, 3309.48, 3309.51, 3310.03, 3310.08, 3310.09, 3310.11,	417
3310.14, 3310.41, 3311.06, 3311.19, 3311.21, 3311.29, 3311.52,	418
3311.76, 3313.174, 3313.41, 3313.48, 3313.481, 3313.482,	419
3313.483, 3313.53, 3313.532, 3313.533, 3313.536, 3313.55,	420
3313.60, 3313.603, 3313.605, 3313.607, 3313.608, 3313.61,	421
3313.611, 3313.612, 3313.614, 3313.615, 3313.62, 3313.64,	422
3313.642, 3313.6410, 3313.65, 3313.671, 3313.673, 3313.68,	423
3313.713, 3313.843, 3313.976, 3313.978, 3313.98, 3313.981,	424
3314.012, 3314.015, 3314.016, 3314.02, 3314.021, 3314.024,	425
3314.03, 3314.051, 3314.08, 3314.083, 3314.084, 3314.087,	426
3314.091, 3314.10, 3314.19, 3314.21, 3314.25, 3314.26, 3314.35,	427
3314.36, 3315.17, 3315.37, 3316.041, 3316.06, 3316.20, 3317.01,	428
3317.011, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024,	429
3317.025, 3317.0210, 3317.0211, 3317.0216, 3317.03, 3317.031,	430
3317.04, 3317.05, 3317.051, 3317.053, 3317.061, 3317.063,	431
3317.08, 3317.081, 3317.082, 3317.12, 3317.16, 3317.18,	432
3317.20, 3317.201, 3318.011, 3318.051, 3318.061, 3318.08,	433
3318.36, 3318.38, 3318.44, 3319.073, 3319.08, 3319.081,	434
3319.088, 3319.11, 3319.151, 3319.16, 3319.17, 3319.172,	435
3319.22, 3319.221, 3319.233, 3319.234, 3319.235, 3319.24,	436
3319.25, 3319.26, 3319.261, 3319.28, 3319.291, 3319.303,	437
3319.36, 3319.41, 3319.51, 3319.56, 3319.57, 3319.60, 3319.61,	438
3319.63, 3321.01, 3321.05, 3323.05, 3323.091, 3323.14,	439
3323.142, 3324.05, 3325.08, 3326.11, 3326.14, 3326.21, 3326.23,	440
3326.31, 3326.32, 3326.33, 3326.34, 3326.36, 3326.37, 3326.38,	441
3326.51, 3327.02, 3327.04, 3327.05, 3329.16, 3333.04, 3333.122,	442
3333.123, 3333.16, 3333.28, 3333.35, 3333.38, 3333.61, 3333.62,	443
3333.66, 3333.73, 3333.83, 3334.01, 3334.02, 3334.03, 3334.04,	444
3334.06, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, 3334.12,	445
3334.16, 3334.17, 3334.18, 3334.19, 3334.20, 3334.21, 3345.011,	446
3345.12, 3345.32, 3345.61, 3345.62, 3345.63, 3345.64, 3345.65,	447
3345.66, 3349.242, 3365.01, 3365.04, 3365.041, 3365.07,	448
3365.08, 3365.09, 3365.10, 3501.17, 3701.024, 3701.045,	449
3701.07, 3701.344, 3701.71, 3701.72, 3701.78, 3701.84, 3702.51,	450
3702.52, 3702.524, 3702.525, 3702.53, 3702.532, 3702.54,	451
3702.544, 3702.55, 3702.57, 3702.59, 3702.60, 3702.61, 3702.87,	452
3702.89, 3702.90, 3702.91, 3702.92, 3702.93, 3702.94, 3703.01,	453
3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10,	454
3703.21, 3703.99, 3704.14, 3704.144, 3705.24, 3706.04, 3706.25,	455
3709.09, 3710.01, 3710.04, 3710.05, 3710.051, 3710.06, 3710.07,	456
3710.08, 3710.12, 3710.13, 3712.01, 3712.03, 3713.01, 3713.02,	457
3713.03, 3713.04, 3713.05, 3713.06, 3713.07, 3713.08, 3713.09,	458
3713.10, 3714.07, 3714.073, 3717.07, 3717.23, 3717.25, 3717.43,	459
3717.45, 3718.03, 3718.06, 3721.01, 3721.02, 3721.071, 3721.23,	460
3721.50, 3721.51, 3721.53, 3721.55, 3721.56, 3722.01, 3722.011,	461
3722.02, 3722.021, 3722.04, 3722.041, 3722.05, 3722.06,	462
3722.08, 3722.09, 3722.10, 3722.13, 3722.14, 3722.15, 3722.16,	463
3722.17, 3722.18, 3722.99, 3727.02, 3729.07, 3733.02, 3733.04,	464
3733.25, 3733.43, 3734.05, 3734.28, 3734.281, 3734.53, 3734.57,	465
3734.573, 3734.82, 3734.901, 3734.9010, 3737.71, 3743.04,	466
3743.25, 3745.015, 3745.11, 3748.01, 3748.04, 3748.07,	467
3748.12, 3748.13, 3749.04, 3770.05, 3773.35, 3773.36, 3773.43,	468
3773.45, 3773.53, 3781.03, 3781.10, 3781.102, 3781.11, 3781.12,	469
3781.19, 3783.05, 3791.02, 3791.04, 3791.05, 3791.07, 3793.02,	470
3793.04, 3901.38, 3901.383, 3901.3812, 3901.3814, 3923.021,	471
3923.022, 3923.122, 3923.24, 3923.57, 3923.58, 3923.581,	472
3923.66, 3923.67, 3923.68, 3923.75, 3923.76, 3923.77, 3924.01,	473
3924.06, 3924.09, 3924.10, 3929.43, 3929.67, 3953.23,	474
3953.231, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08,	475
4104.09, 4104.10, 4104.101, 4104.12, 4104.15, 4104.16, 4104.17,	476
4104.18, 4104.19, 4104.21, 4104.33, 4104.42, 4104.43, 4104.44,	477
4104.48, 4105.01, 4105.02, 4105.03, 4105.04, 4105.05, 4105.06,	478
4105.09, 4105.11, 4105.12, 4105.13, 4105.15, 4105.16, 4105.17,	479
4105.191, 4105.20, 4105.21, 4112.01, 4112.04, 4112.051,	480
4112.052, 4117.01, 4117.02, 4117.07, 4117.12, 4117.24,	481
4121.125, 4123.442, 4141.08, 4141.11, 4141.162, 4169.02,	482
4169.03, 4169.04, 4171.04, 4301.333, 4301.334, 4301.351,	483
4301.354, 4301.355, 4301.356, 4301.361, 4301.364, 4301.365,	484
4301.366, 4301.43, 4303.182, 4303.331, 4501.06, 4501.24,	485
4503.068, 4503.10, 4503.103, 4503.19, 4503.191, 4503.235,	486
4503.40, 4503.42, 4503.44, 4505.01, 4505.06, 4505.062, 4505.09,	487
4505.111, 4505.181, 4505.20, 4507.03, 4507.24, 4507.45, 4509.101,	488
4510.22, 4511.191, 4511.81, 4513.021, 4513.03, 4513.04,	489
4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.11, 4513.111,	490
4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171,	491
4513.18, 4513.19, 4513.21, 4513.22, 4513.23, 4513.24, 4513.242,	492
4513.28, 4513.60, 4513.65, 4513.99, 4517.01, 4517.02, 4517.03,	493
4517.30, 4517.33, 4517.43, 4519.02, 4519.03, 4519.04, 4519.44,	494
4519.59, 4549.10, 4549.12, 4705.09, 4705.10, 4709.12, 4713.28,	495
4713.32, 4713.63, 4713.64, 4731.10, 4731.26, 4731.38, 4733.10,	496
4734.25, 4735.06, 4735.09, 4735.12, 4735.13, 4735.15, 4740.03,	497
4740.11, 4740.14, 4741.41, 4741.44, 4741.45, 4741.46, 4755.06,	498
4755.12, 4757.10, 4757.31, 4757.36, 4763.01, 4763.03,	499
4763.04, 4763.05, 4763.07, 4763.09, 4763.11, 4763.13, 4763.14,	500
4763.17, 4766.09, 4767.05, 4767.07, 4767.08, 4781.01,	501
4781.02, 4781.04, 4781.05, 4781.06, 4781.07, 4905.06, 4919.79,	502
4923.12, 4923.20, 4928.01, 5101.11, 5101.16, 5101.162, 5101.26,	503
5101.33, 5101.34, 5101.47, 5101.50, 5101.5212, 5101.54,	504
5101.541, 5101.544, 5101.571, 5101.573, 5101.60, 5101.61,	505
5101.83, 5101.84, 5104.01, 5104.041, 5104.051, 5104.30, 5104.32,	506
5104.341, 5104.35, 5104.38, 5104.39, 5104.42, 5107.05, 5107.16,	507
5107.17, 5107.58, 5111.01, 5111.015, 5111.028, 5111.032,	508
5111.033, 5111.034, 5111.06, 5111.176, 5111.222, 5111.231,	509
5111.232, 5111.24, 5111.25, 5111.261, 5111.65, 5111.651,	510
5111.688, 5111.705, 5111.85, 5111.851, 5111.874, 5111.875,	511
5111.89, 5111.891, 5111.894, 5111.971, 5112.30, 5112.31, 5112.37,	512
5112.371, 5115.03, 5119.16, 5119.61, 5120.032, 5120.033,	513
5120.09, 5120.135, 5122.31, 5123.049, 5123.0412, 5123.0413,	514
5126.044, 5126.05, 5126.054, 5126.055, 5126.0512, 5126.19,	515
5126.24, 5139.43, 5501.04, 5502.01, 5502.12, 5502.14, 5502.15,	516
5505.15, 5701.11, 5703.05, 5703.37, 5703.80, 5705.214, 5705.29,	517
5705.341, 5705.37, 5709.62, 5709.63, 5709.632, 5711.33, 5715.02,	518
5715.251, 5715.26, 5717.03, 5717.04, 5725.18, 5725.98,	519
5727.84, 5728.12, 5729.03, 5729.98, 5733.01, 5733.04, 5733.98,	520
5735.142, 5739.01, 5739.02, 5739.03, 5739.033, 5739.09,	521
5739.131, 5743.15, 5743.61, 5747.01, 5747.113, 5747.13, 5747.16,	522
5747.98, 5748.02, 5748.03, 5749.02, 5749.12, 5751.01, 5751.011,	523
5751.012, 5751.013, 5751.03, 5751.04, 5751.05, 5751.051,	524
5751.06, 5751.08, 5751.09, 5751.20, 5751.21, 5911.10, 5913.051,	525
5913.09, 6103.01, 6103.02, 6109.21, 6111.044, 6117.01, 6117.02,	526
and 6119.011 be amended; sections 173.43 (173.422), 1517.14	527
(1547.81), 1517.16 (1547.82), 1517.17 (1547.83), 1517.18	528
(1547.84), 3313.174 (3313.82), 3319.233 (3333.049), 3334.03	529
(3334.031), 3701.71 (3727.05), 3701.72 (3727.051), 3727.04	530
(3727.053), 3727.05 (3727.04), 5101.5110 (5101.5111), 5111.019	531
(5111.0120), and 5111.688 (5111.689) be amended for the purpose	532
of adopting new section numbers as indicated in parentheses; new	533
sections 173.43, 3301.0712, 3319.222, 3334.03, 5101.5110, and	534
5111.688 and sections 9.317, 111.26, 111.27, 117.54, 121.16,	535
121.375, 122.042, 122.12, 122.121, 122.85, 123.154, 124.821,	536
124.822, 124.86, 125.20, 125.24, 148.05, 149.308, 150.021,	537
150.051, 153.013, 173.28, 173.402, 173.403, 173.421, 173.423,	538
173.424, 173.425, 173.431, 173.432, 173.433, 173.434, 173.501,	539
173.70, 311.32, 737.39, 901.041, 901.91, 927.54, 943.031,	540
1321.521, 1321.531, 1321.532, 1321.533, 1321.534, 1321.535,	541
1321.536, 1321.552, 1321.591, 1321.592, 1321.593, 1321.594,	542
1321.595, 1322.022, 1322.023, 1322.024, 1322.065, 1327.501,	543
1327.71, 1513.021, 1547.02, 1547.85, 1547.86, 1547.87, 1751.68,	544
2315.50, 3119.371, 3301.122, 3301.80, 3301.81, 3301.82, 3301.83,	545
3301.90, 3306.01, 3306.011, 3306.012, 3306.02, 3306.03, 3306.031,	546
3306.04, 3306.05, 3306.051, 3306.052, 3306.06, 3306.07,	547
3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 3306.12, 3306.13,	548
3306.14, 3306.15, 3306.16, 3306.17, 3306.18, 3306.19, 3306.191,	549
3306.192, 3306.21, 3306.22, 3306.25, 3306.29, 3306.291, 3306.292,	550
3306.30, 3306.31, 3306.32, 3306.321, 3306.33, 3306.34, 3306.35,	551
3306.40, 3306.50, 3306.51, 3306.52, 3306.53, 3306.54, 3306.55,	552
3306.56, 3306.57, 3310.15, 3311.0510, 3313.485, 3313.821,	553
3313.822, 3314.028, 3314.031, 3314.052, 3314.075, 3314.102,	554
3314.191, 3314.192, 3314.39, 3314.42, 3314.43, 3314.44,	555
3317.018, 3318.312, 3319.223, 3319.611, 3319.612, 3319.70,	556
3319.71, 3321.041, 3333.048, 3333.39, 3333.391, 3333.392,	557
3333.90, 3333.91, 3334.032, 3334.111, 3345.36, 3353.09, 3353.20,	558
3354.24, 3365.12, 3375.79, 3701.0211, 3701.136, 3701.611,	559
3702.592, 3702.593, 3706.35, 3709.092, 3710.141, 3715.041,	560
3721.511, 3721.512, 3721.513, 3722.022, 3727.052, 3734.282,	561
3793.21, 3903.77, 3923.241, 3923.84, 3923.90, 3923.91, 4113.11,	562
4113.81, 4113.82, 4113.83, 4113.84, 4113.85, 4113.86, 4123.446,	563
4501.243, 4501.29, 4503.563, 4582.71, 4781.16, 4781.17,	564
4781.18, 4781.19, 4781.20, 4781.21, 4781.22, 4781.23, 4781.24,	565
4781.25, 4781.99, 4919.80, 5101.073, 5101.504, 5101.5210,	566
5101.542, 5111.0121, 5111.236, 5111.861, 5111.88, 5111.881,	567
5111.882, 5111.883, 5111.884, 5111.885, 5111.886, 5111.887,	568
5111.888, 5111.889, 5111.8810, 5111.8811, 5112.372, 5112.40,	569
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.451, 5112.46,	570
5112.47, 5112.48, 5119.613, 5119.621, 5119.622, 5155.38,	571
5505.152, 5705.219, 5705.2110, 5725.33, 5729.16, 5733.58,	572
5733.59, 5739.051, 5747.66, 5751.014, 5911.11, 5919.20,	573
5919.36, and 6119.091 of the Revised Code be enacted; that	574
Section 6 of H.B. 364 of the 124th General Assembly be amended	575
and Section 6 of H.B. 364 of the 124th General Assembly be	576
amended to codify as section 3314.027 of the Revised Code; and	577
that Section 269.60.60 of H.B. 119 of the 127th General	578
Assembly be amended and Section 269.60.60 of H.B. 119 of the	579
127th General Assembly be amended to codify as section 3314.38	580
of the Revised Code to read as follows:	581

Sec. 9.06. (A)(1) The department of rehabilitation and	582
correction ~~shall~~may contract for the private operation and	583
management pursuant to this section of the initial intensive	584
program prison established pursuant to section 5120.033 of the	585
Revised Code, if one or more intensive program prisons are	586
established under that section, and may contract for the private	587
operation and management of any other facility under this section.	588
Counties and municipal corporations to the extent authorized in	589
sections 307.93, 341.35, 753.03, and 753.15 of the Revised Code	590
may contract for the private operation and management of a	591
facility under this section. A contract entered into under this	592
section shall be for an initial term of not more than two years	593
with an option to renew for additional periods of two years.	594

(2) The department of rehabilitation and correction, by rule,	595
shall adopt minimum criteria and specifications that a person or	596
entity, other than a person or entity that satisfies the criteria	597
set forth in division (A)(3)(a) of this section and subject to	598
division (I) of this section, must satisfy in order to apply to	599
operate and manage as a contractor pursuant to this section the	600
initial intensive program prison established pursuant to section	601
5120.033 of the Revised Code if one or more intensive program	602
prisons are established under that section.	603

(3) Subject to division (I) of this section, any person or	604
entity that applies to operate and manage a facility as a	605
contractor pursuant to this section shall satisfy one or more of	606
the following criteria:	607

(a) The person or entity is accredited by the American	608
correctional association and, at the time of the application,	609
operates and manages one or more facilities accredited by the	610
American correctional association.	611

(b) The person or entity satisfies all of the minimum	612
criteria and specifications adopted by the department of	613
rehabilitation and correction pursuant to division (A)(2) of this	614
section, provided that this alternative shall be available only in	615
relation to the initial intensive program prison established	616
pursuant to section 5120.033 of the Revised Code, if one or more	617
intensive program prisons are established under that section.	618

(4) Subject to division (I) of this section, before a public	619
entity may enter into a contract under this section, the	620
contractor shall convincingly demonstrate to the public entity	621
that it can operate the facility with the inmate capacity required	622
by the public entity and provide the services required in this	623
section and realize at least a five per cent savings over the	624
projected cost to the public entity of providing these same	625
services to operate the facility that is the subject of the	626
contract. No out-of-state prisoners may be housed in any facility	627
that is the subject of a contract entered into under this section.	628

(B) Subject to division (I) of this section, any contract	629
entered into under this section shall include all of the	630
following:	631

(1) A requirement that the contractor retain the contractor's	632
accreditation from the American correctional association	633
throughout the contract term or, if the contractor applied	634
pursuant to division (A)(3)(b) of this section, continue complying	635
with the applicable criteria and specifications adopted by the	636
department of rehabilitation and correction pursuant to division	637
(A)(2) of this section;	638

(2) A requirement that all of the following conditions be	639
met:	640

(a) The contractor begins the process of accrediting the	641
facility with the American correctional association no later than	642
sixty days after the facility receives its first inmate.	643

(b) The contractor receives accreditation of the facility	644
within twelve months after the date the contractor applies to the	645
American correctional association for accreditation.	646

(c) Once the accreditation is received, the contractor	647
maintains it for the duration of the contract term.	648

(d) If the contractor does not comply with divisions	649
(B)(2)(a) to (c) of this section, the contractor is in violation	650
of the contract, and the public entity may revoke the contract at	651
its discretion.	652

(3) A requirement that the contractor comply with all rules	653
promulgated by the department of rehabilitation and correction	654
that apply to the operation and management of correctional	655
facilities, including the minimum standards for jails in Ohio and	656
policies regarding the use of force and the use of deadly force,	657
although the public entity may require more stringent standards,	658
and comply with any applicable laws, rules, or regulations of the	659
federal, state, and local governments, including, but not limited	660
to, sanitation, food service, safety, and health regulations. The	661
contractor shall be required to send copies of reports of	662
inspections completed by the appropriate authorities regarding	663
compliance with rules and regulations to the director of	664
rehabilitation and correction or the director's designee and, if	665
contracting with a local public entity, to the governing authority	666
of that entity.	667

(4) A requirement that the contractor report for	668
investigation all crimes in connection with the facility to the	669
public entity, to all local law enforcement agencies with	670
jurisdiction over the place at which the facility is located, and,	671
for a crime committed at a state correctional institution, to the	672
state highway patrol;	673

(5) A requirement that the contractor immediately report all	674
escapes from the facility, and the apprehension of all escapees,	675
by telephone and in writing to all local law enforcement agencies	676
with jurisdiction over the place at which the facility is located,	677
to the prosecuting attorney of the county in which the facility is	678
located, to the state highway patrol, to a daily newspaper having	679
general circulation in the county in which the facility is	680
located, and, if the facility is a state correctional institution,	681
to the department of rehabilitation and correction. The written	682
notice may be by either facsimile transmission or mail. A failure	683
to comply with this requirement regarding an escape is a violation	684
of section 2921.22 of the Revised Code.	685

(6) A requirement that, if the facility is a state	686
correctional institution, the contractor provide a written report	687
within specified time limits to the director of rehabilitation and	688
correction or the director's designee of all unusual incidents at	689
the facility as defined in rules promulgated by the department of	690
rehabilitation and correction or, if the facility is a local	691
correctional institution, that the contractor provide a written	692
report of all unusual incidents at the facility to the governing	693
authority of the local public entity;	694

(7) A requirement that the contractor maintain proper control	695
of inmates' personal funds pursuant to rules promulgated by the	696
department of rehabilitation and correction for state correctional	697
institutions or pursuant to the minimum standards for jails along	698
with any additional standards established by the local public	699
entity for local correctional institutions and that records	700
pertaining to these funds be made available to representatives of	701
the public entity for review or audit;	702

(8) A requirement that the contractor prepare and distribute	703
to the director of rehabilitation and correction or, if	704
contracting with a local public entity, to the governing authority	705
of the local entity annual budget income and expenditure	706
statements and funding source financial reports;	707

(9) A requirement that the public entity appoint and	708
supervise a full-time contract monitor, that the contractor	709
provide suitable office space for the contract monitor at the	710
facility, and that the contractor allow the contract monitor	711
unrestricted access to all parts of the facility and all records	712
of the facility except the contractor's financial records;	713

(10) A requirement that if the facility is a state	714
correctional institution designated department of rehabilitation	715
and correction staff members be allowed access to the facility in	716
accordance with rules promulgated by the department;	717

(11) A requirement that the contractor provide internal and	718
perimeter security as agreed upon in the contract;	719

(12) If the facility is a state correctional institution, a	720
requirement that the contractor impose discipline on inmates	721
housed in a state correctional institution only in accordance with	722
rules promulgated by the department of rehabilitation and	723
correction;	724

(13) A requirement that the facility be staffed at all times	725
with a staffing pattern approved by the public entity and adequate	726
both to ensure supervision of inmates and maintenance of security	727
within the facility and to provide for programs, transportation,	728
security, and other operational needs. In determining security	729
needs, the contractor shall be required to consider, among other	730
things, the proximity of the facility to neighborhoods and	731
schools.	732

(14) If the contract is with a local public entity, a	733
requirement that the contractor provide services and programs,	734
consistent with the minimum standards for jails promulgated by the	735
department of rehabilitation and correction under section 5120.10	736
of the Revised Code;	737

(15) A clear statement that no immunity from liability	738
granted to the state, and no immunity from liability granted to	739
political subdivisions under Chapter 2744. of the Revised Code,	740
shall extend to the contractor or any of the contractor's	741
employees;	742

(16) A statement that all documents and records relevant to	743
the facility shall be maintained in the same manner required for,	744
and subject to the same laws, rules, and regulations as apply to,	745
the records of the public entity;	746

(17) Authorization for the public entity to impose a fine on	747
the contractor from a schedule of fines included in the contract	748
for the contractor's failure to perform its contractual duties or	749
to cancel the contract, as the public entity considers	750
appropriate. If a fine is imposed, the public entity may reduce	751
the payment owed to the contractor pursuant to any invoice in the	752
amount of the imposed fine.	753

(18) A statement that all services provided or goods produced	754
at the facility shall be subject to the same regulations, and the	755
same distribution limitations, as apply to goods and services	756
produced at other correctional institutions;	757

(19) Authorization for the department to establish one or	758
more prison industries at a facility operated and managed by a	759
contractor for the department;	760

(20) A requirement that, if the facility is an intensive	761
program prison established pursuant to section 5120.033 of the	762
Revised Code, the facility shall comply with all criteria for	763
intensive program prisons of that type that are set forth in that	764
section;	765

(21) If the institution is a state correctional institution,	766
a requirement that the contractor provide clothing for all inmates	767
housed in the facility that is conspicuous in its color, style, or	768
color and style, that conspicuously identifies its wearer as an	769
inmate, and that is readily distinguishable from clothing of a	770
nature that normally is worn outside the facility by non-inmates,	771
that the contractor require all inmates housed in the facility to	772
wear the clothing so provided, and that the contractor not permit	773
any inmate, while inside or on the premises of the facility or	774
while being transported to or from the facility, to wear any	775
clothing of a nature that does not conspicuously identify its	776
wearer as an inmate and that normally is worn outside the facility	777
by non-inmates.	778

(C) No contract entered into under this section may require,	779
authorize, or imply a delegation of the authority or	780
responsibility of the public entity to a contractor for any of the	781
following:	782

(1) Developing or implementing procedures for calculating	783
inmate release and parole eligibility dates and recommending the	784
granting or denying of parole, although the contractor may submit	785
written reports that have been prepared in the ordinary course of	786
business;	787

(2) Developing or implementing procedures for calculating and	788
awarding earned credits, approving the type of work inmates may	789
perform and the wage or earned credits, if any, that may be	790
awarded to inmates engaging in that work, and granting, denying,	791
or revoking earned credits;	792

(3) For inmates serving a term imposed for a felony offense	793
committed prior to July 1, 1996, or for a misdemeanor offense,	794
developing or implementing procedures for calculating and awarding	795
good time, approving the good time, if any, that may be awarded to	796
inmates engaging in work, and granting, denying, or revoking good	797
time;	798

(4) Classifying an inmate or placing an inmate in a more or	799
a less restrictive custody than the custody ordered by the public	800
entity;	801

(5) Approving inmates for work release;

802

(6) Contracting for local or long distance telephone services	803
for inmates or receiving commissions from those services at a	804
facility that is owned by or operated under a contract with the	805
department.	806

(D) A contractor that has been approved to operate a facility	807
under this section, and a person or entity that enters into a	808
contract for specialized services, as described in division (I) of	809
this section, relative to an intensive program prison established	810
pursuant to section 5120.033 of the Revised Code to be operated by	811
a contractor that has been approved to operate the prison under	812
this section, shall provide an adequate policy of insurance	813
specifically including, but not limited to, insurance for civil	814
rights claims as determined by a risk management or actuarial firm	815
with demonstrated experience in public liability for state	816
governments. The insurance policy shall provide that the state,	817
including all state agencies, and all political subdivisions of	818
the state with jurisdiction over the facility or in which a	819
facility is located are named as insured, and that the state and	820
its political subdivisions shall be sent any notice of	821
cancellation. The contractor may not self-insure.	822

A contractor that has been approved to operate a facility	823
under this section, and a person or entity that enters into a	824
contract for specialized services, as described in division (I) of	825
this section, relative to an intensive program prison established	826
pursuant to section 5120.033 of the Revised Code to be operated by	827
a contractor that has been approved to operate the prison under	828
this section, shall indemnify and hold harmless the state, its	829
officers, agents, and employees, and any local government entity	830
in the state having jurisdiction over the facility or ownership of	831
the facility, shall reimburse the state for its costs in defending	832
the state or any of its officers, agents, or employees, and shall	833
reimburse any local government entity of that nature for its costs	834
in defending the local government entity, from all of the	835
following:	836

(1) Any claims or losses for services rendered by the	837
contractor, person, or entity performing or supplying services in	838
connection with the performance of the contract;	839

(2) Any failure of the contractor, person, or entity or its	840
officers or employees to adhere to the laws, rules, regulations,	841
or terms agreed to in the contract;	842

(3) Any constitutional, federal, state, or civil rights claim	843
brought against the state related to the facility operated and	844
managed by the contractor;	845

(4) Any claims, losses, demands, or causes of action arising	846
out of the contractor's, person's, or entity's activities in this	847
state;	848

(5) Any attorney's fees or court costs arising from any	849
habeas corpus actions or other inmate suits that may arise from	850
any event that occurred at the facility or was a result of such an	851
event, or arise over the conditions, management, or operation of	852
the facility, which fees and costs shall include, but not be	853
limited to, attorney's fees for the state's representation and for	854
any court-appointed representation of any inmate, and the costs of	855
any special judge who may be appointed to hear those actions or	856
suits.	857

(E) Private correctional officers of a contractor operating	858
and managing a facility pursuant to a contract entered into under	859
this section may carry and use firearms in the course of their	860
employment only after being certified as satisfactorily completing	861
an approved training program as described in division (A) of	862
section 109.78 of the Revised Code.	863

(F) Upon notification by the contractor of an escape from, or	864
of a disturbance at, the facility that is the subject of a	865
contract entered into under this section, the department of	866
rehabilitation and correction and state and local law enforcement	867
agencies shall use all reasonable means to recapture escapees or	868
quell any disturbance. Any cost incurred by the state or its	869
political subdivisions relating to the apprehension of an escapee	870
or the quelling of a disturbance at the facility shall be	871
chargeable to and borne by the contractor. The contractor shall	872
also reimburse the state or its political subdivisions for all	873
reasonable costs incurred relating to the temporary detention of	874
the escapee following recapture.	875

(G) Any offense that would be a crime if committed at a state	876
correctional institution or jail, workhouse, prison, or other	877
correctional facility shall be a crime if committed by or with	878
regard to inmates at facilities operated pursuant to a contract	879
entered into under this section.	880

(H) A contractor operating and managing a facility pursuant	881
to a contract entered into under this section shall pay any inmate	882
workers at the facility at the rate approved by the public entity.	883
Inmates working at the facility shall not be considered employees	884
of the contractor.	885

(I) In contracting for the private operation and management	886
pursuant to division (A) of this section of ~~the initial~~any	887
intensive program prison established pursuant to section 5120.033	888
of the Revised Code ~~or of any other intensive program prison~~	889
~~established pursuant to that section~~, the department of	890
rehabilitation and correction may enter into a contract with a	891
contractor for the general operation and management of the prison	892
and may enter into one or more separate contracts with other	893
persons or entities for the provision of specialized services for	894
persons confined in the prison, including, but not limited to,	895
security or training services or medical, counseling, educational,	896
or similar treatment programs. If, pursuant to this division, the	897
department enters into a contract with a contractor for the	898
general operation and management of the prison and also enters	899
into one or more specialized service contracts with other persons	900
or entities, all of the following apply:	901

(1) The contract for the general operation and management	902
shall comply with all requirements and criteria set forth in this	903
section, and all provisions of this section apply in relation to	904
the prison operated and managed pursuant to the contract.	905

(2) Divisions (A)(2), (B), and (C) of this section do not	906
apply in relation to any specialized services contract, except to	907
the extent that the provisions of those divisions clearly are	908
relevant to the specialized services to be provided under the	909
specialized services contract. Division (D) of this section	910
applies in relation to each specialized services contract.	911

(J) As used in this section:

912

(1) "Public entity" means the department of rehabilitation	913
and correction, or a county or municipal corporation or a	914
combination of counties and municipal corporations, that has	915
jurisdiction over a facility that is the subject of a contract	916
entered into under this section.	917

(2) "Local public entity" means a county or municipal	918
corporation, or a combination of counties and municipal	919
corporations, that has jurisdiction over a jail, workhouse, or	920
other correctional facility used only for misdemeanants that is	921
the subject of a contract entered into under this section.	922

(3) "Governing authority of a local public entity" means, for	923
a county, the board of county commissioners; for a municipal	924
corporation, the legislative authority; for a combination of	925
counties and municipal corporations, all the boards of county	926
commissioners and municipal legislative authorities that joined to	927
create the facility.	928

(4) "Contractor" means a person or entity that enters into a	929
contract under this section to operate and manage a jail,	930
workhouse, or other correctional facility.	931

(5) "Facility" means the specific county, multicounty,	932
municipal, municipal-county, or multicounty-municipal jail,	933
workhouse, prison, or other type of correctional institution or	934
facility used only for misdemeanants, or a state correctional	935
institution, that is the subject of a contract entered into under	936
this section.	937

(6) "Person or entity" in the case of a contract for the	938
private operation and management of a state correctional	939
institution, includes an employee organization, as defined in	940
section 4117.01 of the Revised Code, that represents employees at	941
state correctional institutions.	942

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

943

(1) "Contracting authority" has the same meaning as in	944
section 307.92 of the Revised Code.	945

(2) "Political subdivision" means a municipal corporation,	946
township, county, school district, or other body corporate and	947
politic responsible for governmental activities only in geographic	948
areas smaller than that of the state and also includes a	949
contracting authority.	950

(3) "Reverse auction" means a purchasing process in which	951
offerors submit proposals in competing to sell services or	952
supplies in an open environment via the internet.	953

(4) "Services" means the furnishing of labor, time, or effort	954
by a person, not involving the delivery of a specific end product	955
other than a report which, if provided, is merely incidental to	956
the required performance. "Services" does not include services	957
furnished pursuant to employment agreements or collective	958
bargaining agreements.	959

(5) "Supplies" means all property, including, but not limited	960
to, equipment, materials, other tangible assets, and insurance,	961
but excluding real property or interests in real property.	962

(B)(1) Whenever any political subdivision determines that the	963
use of a reverse auction is advantageous to the political	964
subdivision, the political subdivision, in accordance with this	965
section and rules the political subdivision shall adopt, may	966
purchase services or supplies by reverse auction.	967

(2) A political subdivision shall not purchase supplies or	968
services by reverse auction if the contract concerns the design,	969
construction, alteration, repair, reconstruction, or demolition of	970
a building, highway, road, street, alley, drainage system, water	971
system, waterworks, ditch, sewer, sewage disposal plant, or any	972
other structure or works of any kind.	973

(C) A political subdivision shall solicit proposals through a	974
request for proposals. The request for proposals shall state the	975
relative importance of price and other evaluation factors. The	976
political subdivision shall give notice of the request for	977
proposals in accordance with the rules it adopts.	978

(D) As provided in the request for proposals and in the rules	979
a political subdivision adopts, and to ensure full understanding	980
of and responsiveness to solicitation requirements, the political	981
subdivision may conduct discussions with responsible offerors who	982
submit proposals determined to be reasonably susceptible of being	983
selected for award. The political subdivision shall accord	984
offerors fair and equal treatment with respect to any opportunity	985
for discussion regarding any clarification, correction, or	986
revision of their proposals.	987

(E) A political subdivision may award a contract to the	988
offeror whose proposal the political subdivision determines to be	989
the most advantageous to the political subdivision, taking into	990
consideration factors such as price and the evaluation criteria	991
set forth in the request for proposals. The contract file shall	992
contain the basis on which the award is made.	993

(F) The rules that a political subdivision adopts under this	994
section may require the provision of a performance bond, or	995
another similar form of financial security, in the amount and in	996
the form specified in the rules.	997

(G) If a political subdivision is required by law to purchase	998
services or supplies by competitive sealed bidding or competitive	999
sealed proposals, a purchase made by reverse auction satisfies	1000
that requirement.	1001

Sec. 9.317. As used in this section, "reverse auction" has	1002
the meaning defined in section 9.314 of the Revised Code, and	1003
"state agency" has the meaning defined in section 9.23 of the	1004
Revised Code.	1005

A state agency shall not purchase supplies or services by	1006
reverse auction if the contract concerns the design, construction,	1007
alteration, repair, reconstruction, or demolition of a building,	1008
highway, road, street, alley, drainage system, water system,	1009
waterworks, ditch, sewer, sewage disposal plant, or any other	1010
structure or works of any kind.	1011

Sec. 107.21. (A) As used in this section, "Appalachian	1012
region" means the following counties in this state ~~which~~that have	1013
been designated as part of Appalachia by the federal Appalachian	1014
regional commission and ~~which~~that have been geographically	1015
isolated and economically depressed: Adams, Ashtabula, Athens,	1016
Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia,	1017
Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson,	1018
Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble,	1019
Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and	1020
Washington.	1021

(B) There is hereby created in the department of development	1022
the governor's office of Appalachian Ohio. The governor shall	1023
designate the director of the governor's office of Appalachian	1024
Ohio. The director shall report directly to the office of the	1025
governor. On January 1, 1987, the governor shall designate the	1026
director to represent this state on the federal Appalachian	1027
regional commission. The director may appoint such employees as	1028
are necessary to exercise the powers and duties of this office.	1029
The director shall maintain local development districts as	1030
established within the Appalachian region for the purpose of	1031
regional planning for the distribution of funds from the	1032
Appalachian regional commission within the Appalachian region.	1033

(C) The governor's office of Appalachian Ohio shall represent	1034
the interests of the Appalachian region in the government of this	1035
state. The duties of the director of the office shall include, but	1036
are not limited to, the following:	1037

(1) To identify residents of the Appalachian region qualified	1038
to serve on state boards, commissions, and bodies and in state	1039
offices, and to bring these persons to the attention of the	1040
governor;	1041

(2) To represent the interests of the Appalachian region in	1042
the general assembly and before state boards, commissions, bodies,	1043
and agencies;	1044

(3) To assist in forming a consensus on public issues and	1045
policies among institutions and organizations that serve the	1046
Appalachian region;	1047

(4) To act as an ~~ombudsman~~ombudsperson to assist in	1048
resolving differences between state or federal agencies and the	1049
officials of political subdivisions or private, nonprofit	1050
organizations located within the Appalachian region;	1051

(5) To assist planning commissions, agencies, and	1052
organizations within the Appalachian region in distributing	1053
planning information and documents to the appropriate state and	1054
federal agencies and to assist in focusing attention on any	1055
findings and recommendations of these commissions, agencies, and	1056
organizations;	1057

(6) To issue reports on the Appalachian region ~~which~~that	1058
describe progress achieved and the needs that still exist in the	1059
region;	1060

(7) To assist the governor's office in resolving the problems	1061
of residents of the Appalachian region that come to the governor's	1062
attention.	1063

(D) The amount of money from appropriated state funds	1064
allocated each year to pay administrative costs of a local	1065
development district existing on the effective date of this	1066
amendment shall not be decreased due to the creation and funding	1067
of additional local development districts. The amount of money	1068
allocated to each district shall be increased each year by the	1069
average percentage of increase in the consumer price index for the	1070
prior year.	1071

As used in this division, "consumer price index" means the	1072
consumer price index for all urban consumers (United States city	1073
average, all items), prepared by the United States department of	1074
labor, bureau of labor statistics.	1075

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1076
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	1077
Code, a completed form prescribed pursuant to division (C)(1) of	1078
this section, and a set of fingerprint impressions obtained in	1079
the manner described in division (C)(2) of this section, the	1080
superintendent of the bureau of criminal identification and	1081
investigation shall conduct a criminal records check in the	1082
manner described in division (B) of this section to determine	1083
whether any information exists that indicates that the person who	1084
is the subject of the request previously has been convicted of or	1085
pleaded guilty to any of the following:	1086

(a) A violation of section 2903.01, 2903.02, 2903.03,	1087
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1088
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1089
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1090
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1091
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1092
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1093
2925.06, or 3716.11 of the Revised Code, felonious sexual	1094
penetration in violation of former section 2907.12 of the Revised	1095
Code, a violation of section 2905.04 of the Revised Code as it	1096
existed prior to July 1, 1996, a violation of section 2919.23 of	1097
the Revised Code that would have been a violation of section	1098
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1099
had the violation been committed prior to that date, or a	1100
violation of section 2925.11 of the Revised Code that is not a	1101
minor drug possession offense;	1102

(b) A violation of an existing or former law of this state,	1103
any other state, or the United States that is substantially	1104
equivalent to any of the offenses listed in division (A)(1)(a) of	1105
this section.	1106

(2) On receipt of a request pursuant to section 5123.081 of	1107
the Revised Code with respect to an applicant for employment in	1108
any position with the department of mental retardation and	1109
developmental disabilities, pursuant to section 5126.28 of the	1110
Revised Code with respect to an applicant for employment in any	1111
position with a county board of mental retardation and	1112
developmental disabilities, or pursuant to section 5126.281 of the	1113
Revised Code with respect to an applicant for employment in a	1114
direct services position with an entity contracting with a county	1115
board for employment, a completed form prescribed pursuant to	1116
division (C)(1) of this section, and a set of fingerprint	1117
impressions obtained in the manner described in division (C)(2) of	1118
this section, the superintendent of the bureau of criminal	1119
identification and investigation shall conduct a criminal records	1120
check. The superintendent shall conduct the criminal records check	1121
in the manner described in division (B) of this section to	1122
determine whether any information exists that indicates that the	1123
person who is the subject of the request has been convicted of or	1124
pleaded guilty to any of the following:	1125

(a) A violation of section 2903.01, 2903.02, 2903.03,	1126
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1127
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	1128
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	1129
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1130
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	1131
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	1132
2925.03, or 3716.11 of the Revised Code;	1133

(b) An existing or former municipal ordinance or law of this	1134
state, any other state, or the United States that is substantially	1135
equivalent to any of the offenses listed in division (A)(2)(a) of	1136
this section.	1137

(3) On receipt of a request pursuant to section 173.27,	1138
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	1139
completed form prescribed pursuant to division (C)(1) of this	1140
section, and a set of fingerprint impressions obtained in the	1141
manner described in division (C)(2) of this section, the	1142
superintendent of the bureau of criminal identification and	1143
investigation shall conduct a criminal records check with respect	1144
to any person who has applied for employment in a position for	1145
which a criminal records check is required by those sections. The	1146
superintendent shall conduct the criminal records check in the	1147
manner described in division (B) of this section to determine	1148
whether any information exists that indicates that the person who	1149
is the subject of the request previously has been convicted of or	1150
pleaded guilty to any of the following:	1151

(a) A violation of section 2903.01, 2903.02, 2903.03,	1152
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1153
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1154
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1155
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1156
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1157
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1158
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1159
2925.22, 2925.23, or 3716.11 of the Revised Code;	1160

(b) An existing or former law of this state, any other state,	1161
or the United States that is substantially equivalent to any of	1162
the offenses listed in division (A)(3)(a) of this section.	1163

(4) On receipt of a request pursuant to section 3701.881 of	1164
the Revised Code with respect to an applicant for employment with	1165
a home health agency as a person responsible for the care,	1166
custody, or control of a child, a completed form prescribed	1167
pursuant to division (C)(1) of this section, and a set of	1168
fingerprint impressions obtained in the manner described in	1169
division (C)(2) of this section, the superintendent of the bureau	1170
of criminal identification and investigation shall conduct a	1171
criminal records check. The superintendent shall conduct the	1172
criminal records check in the manner described in division (B) of	1173
this section to determine whether any information exists that	1174
indicates that the person who is the subject of the request	1175
previously has been convicted of or pleaded guilty to any of the	1176
following:	1177

(a) A violation of section 2903.01, 2903.02, 2903.03,	1178
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1179
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1180
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1181
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1182
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1183
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1184
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	1185
violation of section 2925.11 of the Revised Code that is not a	1186
minor drug possession offense;	1187

(b) An existing or former law of this state, any other state,	1188
or the United States that is substantially equivalent to any of	1189
the offenses listed in division (A)(4)(a) of this section.	1190

(5) On receipt of a request pursuant to section 5111.032,	1191
5111.033, or 5111.034 of the Revised Code, a completed form	1192
prescribed pursuant to division (C)(1) of this section, and a set	1193
of fingerprint impressions obtained in the manner described in	1194
division (C)(2) of this section, the superintendent of the bureau	1195
of criminal identification and investigation shall conduct a	1196
criminal records check. The superintendent shall conduct the	1197
criminal records check in the manner described in division (B) of	1198
this section to determine whether any information exists that	1199
indicates that the person who is the subject of the request	1200
previously has been convicted of, has pleaded guilty to, or has	1201
been found eligible for intervention in lieu of conviction for	1202
any of the following, regardless of the date of the conviction,	1203
the date of entry of the guilty plea, or the date the person was	1204
found eligible for intervention in lieu of conviction:	1205

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1206
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	1207
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	1208
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	1209
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	1210
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1211
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	1212
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	1213
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	1214
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	1215
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	1216
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	1217
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	1218
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	1219
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	1220
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	1221
sexual penetration in violation of former section 2907.12 of the	1222
Revised Code, a violation of section 2905.04 of the Revised Code	1223
as it existed prior to July 1, 1996, a violation of section	1224
2919.23 of the Revised Code that would have been a violation of	1225
section 2905.04 of the Revised Code as it existed prior to July	1226
1, 1996, had the violation been committed prior to that date;	1227

(b) AnA violation of an existing or former municipal	1228
ordinance or law of this state, any other state, or the United	1229
States that is substantially equivalent to any of the offenses	1230
listed in division (A)(5)(a) of this section.	1231

(6) On receipt of a request pursuant to section 3701.881 of	1232
the Revised Code with respect to an applicant for employment with	1233
a home health agency in a position that involves providing direct	1234
care to an older adult, a completed form prescribed pursuant to	1235
division (C)(1) of this section, and a set of fingerprint	1236
impressions obtained in the manner described in division (C)(2) of	1237
this section, the superintendent of the bureau of criminal	1238
identification and investigation shall conduct a criminal records	1239
check. The superintendent shall conduct the criminal records check	1240
in the manner described in division (B) of this section to	1241
determine whether any information exists that indicates that the	1242
person who is the subject of the request previously has been	1243
convicted of or pleaded guilty to any of the following:	1244

(a) A violation of section 2903.01, 2903.02, 2903.03,	1245
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1246
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1247
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1248
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1249
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1250
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1251
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1252
2925.22, 2925.23, or 3716.11 of the Revised Code;	1253

(b) An existing or former law of this state, any other state,	1254
or the United States that is substantially equivalent to any of	1255
the offenses listed in division (A)(6)(a) of this section.	1256

(7) When conducting a criminal records check upon a request	1257
pursuant to section 3319.39 of the Revised Code for an applicant	1258
who is a teacher, in addition to the determination made under	1259
division (A)(1) of this section, the superintendent shall	1260
determine whether any information exists that indicates that the	1261
person who is the subject of the request previously has been	1262
convicted of or pleaded guilty to any offense specified in section	1263
3319.31 of the Revised Code.	1264

(8) On receipt of a request pursuant to section 2151.86 of	1265
the Revised Code, a completed form prescribed pursuant to	1266
division (C)(1) of this section, and a set of fingerprint	1267
impressions obtained in the manner described in division (C)(2)	1268
of this section, the superintendent of the bureau of criminal	1269
identification and investigation shall conduct a criminal records	1270
check in the manner described in division (B) of this section to	1271
determine whether any information exists that indicates that the	1272
person who is the subject of the request previously has been	1273
convicted of or pleaded guilty to any of the following:	1274

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1275
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	1276
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	1277
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1278
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1279
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	1280
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	1281
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	1282
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	1283
of the Revised Code, a violation of section 2905.04 of the	1284
Revised Code as it existed prior to July 1, 1996, a violation of	1285
section 2919.23 of the Revised Code that would have been a	1286
violation of section 2905.04 of the Revised Code as it existed	1287
prior to July 1, 1996, had the violation been committed prior to	1288
that date, a violation of section 2925.11 of the Revised Code	1289
that is not a minor drug possession offense, two or more OVI or	1290
OVUAC violations committed within the three years immediately	1291
preceding the submission of the application or petition that is	1292
the basis of the request, or felonious sexual penetration in	1293
violation of former section 2907.12 of the Revised Code;	1294

(b) A violation of an existing or former law of this state,	1295
any other state, or the United States that is substantially	1296
equivalent to any of the offenses listed in division (A)(8)(a) of	1297
this section.	1298

(9) Upon receipt of a request pursuant to section 5104.012	1299
or 5104.013 of the Revised Code, a completed form prescribed	1300
pursuant to division (C)(1) of this section, and a set of	1301
fingerprint impressions obtained in the manner described in	1302
division (C)(2) of this section, the superintendent of the bureau	1303
of criminal identification and investigation shall conduct a	1304
criminal records check in the manner described in division (B) of	1305
this section to determine whether any information exists that	1306
indicates that the person who is the subject of the request has	1307
been convicted of or pleaded guilty to any of the following:	1308

(a) A violation of section 2903.01, 2903.02, 2903.03,	1309
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	1310
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1311
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1312
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1313
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	1314
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1315
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1316
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	1317
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	1318
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	1319
3716.11 of the Revised Code, felonious sexual penetration in	1320
violation of former section 2907.12 of the Revised Code, a	1321
violation of section 2905.04 of the Revised Code as it existed	1322
prior to July 1, 1996, a violation of section 2919.23 of the	1323
Revised Code that would have been a violation of section 2905.04	1324
of the Revised Code as it existed prior to July 1, 1996, had the	1325
violation been committed prior to that date, a violation of	1326
section 2925.11 of the Revised Code that is not a minor drug	1327
possession offense, a violation of section 2923.02 or 2923.03 of	1328
the Revised Code that relates to a crime specified in this	1329
division, or a second violation of section 4511.19 of the	1330
Revised Code within five years of the date of application for	1331
licensure or certification.	1332

(b) A violation of an existing or former law of this state,	1333
any other state, or the United States that is substantially	1334
equivalent to any of the offenses or violations described in	1335
division (A)(9)(a) of this section.	1336

(10) Upon receipt of a request pursuant to section 5153.111	1337
of the Revised Code, a completed form prescribed pursuant to	1338
division (C)(1) of this section, and a set of fingerprint	1339
impressions obtained in the manner described in division (C)(2) of	1340
this section, the superintendent of the bureau of criminal	1341
identification and investigation shall conduct a criminal records	1342
check in the manner described in division (B) of this section to	1343
determine whether any information exists that indicates that the	1344
person who is the subject of the request previously has been	1345
convicted of or pleaded guilty to any of the following:	1346

(a) A violation of section 2903.01, 2903.02, 2903.03,	1347
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1348
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1349
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1350
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1351
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1352
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1353
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1354
felonious sexual penetration in violation of former section	1355
2907.12 of the Revised Code, a violation of section 2905.04 of the	1356
Revised Code as it existed prior to July 1, 1996, a violation of	1357
section 2919.23 of the Revised Code that would have been a	1358
violation of section 2905.04 of the Revised Code as it existed	1359
prior to July 1, 1996, had the violation been committed prior to	1360
that date, or a violation of section 2925.11 of the Revised Code	1361
that is not a minor drug possession offense;	1362

(b) A violation of an existing or former law of this state,	1363
any other state, or the United States that is substantially	1364
equivalent to any of the offenses listed in division (A)(10)(a) of	1365
this section.	1366

(11) On receipt of a request for a criminal records check	1367
from an individual pursuant to section 4749.03 or 4749.06 of the	1368
Revised Code, accompanied by a completed copy of the form	1369
prescribed in division (C)(1) of this section and a set of	1370
fingerprint impressions obtained in a manner described in division	1371
(C)(2) of this section, the superintendent of the bureau of	1372
criminal identification and investigation shall conduct a criminal	1373
records check in the manner described in division (B) of this	1374
section to determine whether any information exists indicating	1375
that the person who is the subject of the request has been	1376
convicted of or pleaded guilty to a felony in this state or in any	1377
other state. If the individual indicates that a firearm will be	1378
carried in the course of business, the superintendent shall	1379
require information from the federal bureau of investigation as	1380
described in division (B)(2) of this section. The superintendent	1381
shall report the findings of the criminal records check and any	1382
information the federal bureau of investigation provides to the	1383
director of public safety.	1384

(12) On receipt of a request pursuant to section 1321.37,	1385
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	1386
Code, a completed form prescribed pursuant to division (C)(1) of	1387
this section, and a set of fingerprint impressions obtained in	1388
the manner described in division (C)(2) of this section, the	1389
superintendent of the bureau of criminal identification and	1390
investigation shall conduct a criminal records check with	1391
respect to any person who has applied for a license, permit, or	1392
certification from the department of commerce or a division in	1393
the department. The superintendent shall conduct the criminal	1394
records check in the manner described in division (B) of this	1395
section to determine whether any information exists that	1396
indicates that the person who is the subject of the request	1397
previously has been convicted of or pleaded guilty to any of the	1398
following: a violation of section 2913.02, 2913.11, 2913.31,	1399
2913.51, or 2925.03 of the Revised Code; any other criminal	1400
offense involving theft, receiving stolen property,	1401
embezzlement, forgery, fraud, passing bad checks, money	1402
laundering, or drug trafficking, or any criminal offense	1403
involving money or securities, as set forth in Chapters 2909.,	1404
2911., 2913., 2915., 2921., 2923., and 2925. of the Revised	1405
Code; or any existing or former law of this state, any other	1406
state, or the United States that is substantially equivalent to	1407
those offenses.	1408

(13) On receipt of a request for a criminal records check	1409
from the treasurer of state under section 113.041 of the Revised	1410
Code or from an individual under section 4701.08, 4715.101,	1411
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1412
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1413
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1414
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1415
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	1416
by a completed form prescribed under division (C)(1) of this	1417
section and a set of fingerprint impressions obtained in the	1418
manner described in division (C)(2) of this section, the	1419
superintendent of the bureau of criminal identification and	1420
investigation shall conduct a criminal records check in the	1421
manner described in division (B) of this section to determine	1422
whether any information exists that indicates that the person who	1423
is the subject of the request has been convicted of or pleaded	1424
guilty to any criminal offense in this state or any other state.	1425
The superintendent shall send the results of a check requested	1426
under section 113.041 of the Revised Code to the treasurer of	1427
state and shall send the results of a check requested under any of	1428
the other listed sections to the licensing board specified by the	1429
individual in the request.	1430

(14) On receipt of a request pursuant to section 1121.23,	1431
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1432
Code, a completed form prescribed pursuant to division (C)(1) of	1433
this section, and a set of fingerprint impressions obtained in the	1434
manner described in division (C)(2) of this section, the	1435
superintendent of the bureau of criminal identification and	1436
investigation shall conduct a criminal records check in the manner	1437
described in division (B) of this section to determine whether any	1438
information exists that indicates that the person who is the	1439
subject of the request previously has been convicted of or pleaded	1440
guilty to any criminal offense under any existing or former law of	1441
this state, any other state, or the United States.	1442

(15) Not later than thirty days after the date the	1443
superintendent receives a request of a type described in division	1444
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),	1445
(12), or (14) of this section, the completed form, and the	1446
fingerprint impressions, the superintendent shall send the	1447
person, board, or entity that made the request any information,	1448
other than information the dissemination of which is prohibited	1449
by federal law, the superintendent determines exists with respect	1450
to the person who is the subject of the request that indicates	1451
that the person previously has been convicted of or pleaded	1452
guilty to any offense listed or described in division (A)(1),	1453
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or	1454
(14) of this section, as appropriate. The superintendent shall	1455
send the person, board, or entity that made the request a copy of	1456
the list of offenses specified in division (A)(1), (2), (3), (4),	1457
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this	1458
section, as appropriate. If the request was made under section	1459
3701.881 of the Revised Code with regard to an applicant who may	1460
be both responsible for the care, custody, or control of a child	1461
and involved in providing direct care to an older adult, the	1462
superintendent shall provide a list of the offenses specified in	1463
divisions (A)(4) and (6) of this section.	1464

Not later than thirty days after the superintendent receives	1465
a request for a criminal records check pursuant to section 113.041	1466
of the Revised Code, the completed form, and the fingerprint	1467
impressions, the superintendent shall send the treasurer of state	1468
any information, other than information the dissemination of which	1469
is prohibited by federal law, the superintendent determines exist	1470
with respect to the person who is the subject of the request that	1471
indicates that the person previously has been convicted of or	1472
pleaded guilty to any criminal offense in this state or any other	1473
state.	1474

(B) The superintendent shall conduct any criminal records	1475
check requested under section 113.041, 121.08, 173.27, 173.394,	1476
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	1477
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	1478
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	1479
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1480
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1481
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1482
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	1483
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	1484
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	1485
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:	1486

(1) The superintendent shall review or cause to be reviewed	1487
any relevant information gathered and compiled by the bureau under	1488
division (A) of section 109.57 of the Revised Code that relates to	1489
the person who is the subject of the request, including, if the	1490
criminal records check was requested under section 113.041,	1491
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1492
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1493
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	1494
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012,	1495
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1496
5126.281, or 5153.111 of the Revised Code, any relevant	1497
information contained in records that have been sealed under	1498
section 2953.32 of the Revised Code;	1499

(2) If the request received by the superintendent asks for	1500
information from the federal bureau of investigation, the	1501
superintendent shall request from the federal bureau of	1502
investigation any information it has with respect to the person	1503
who is the subject of the request, including fingerprint-based	1504
checks of national crime information databases as described in 42	1505
U.S.C. 671 if the request is made pursuant to section 2151.86,	1506
5104.012, or 5104.013 of the Revised Code or if any other Revised	1507
Code section requires fingerprint-based checks of that nature, and	1508
shall review or cause to be reviewed any information the	1509
superintendent receives from that bureau.	1510

(3) The superintendent or the superintendent's designee may	1511
request criminal history records from other states or the federal	1512
government pursuant to the national crime prevention and privacy	1513
compact set forth in section 109.571 of the Revised Code.	1514

(C)(1) The superintendent shall prescribe a form to obtain	1515
the information necessary to conduct a criminal records check from	1516
any person for whom a criminal records check is requested under	1517
section 113.041 of the Revised Code or required by section	1518
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1519
1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86,	1520
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1521
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	1522
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	1523
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	1524
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	1525
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	1526
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	1527
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	1528
the Revised Code. The form that the superintendent prescribes	1529
pursuant to this division may be in a tangible format, in an	1530
electronic format, or in both tangible and electronic formats.	1531

(2) The superintendent shall prescribe standard impression	1532
sheets to obtain the fingerprint impressions of any person for	1533
whom a criminal records check is requested under section 113.041	1534
of the Revised Code or required by section 121.08, 173.27,	1535
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	1536
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	1537
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	1538
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	1539
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	1540
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	1541
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	1542
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	1543
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	1544
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code.	1545
Any person for whom a records check is requested under or	1546
required by any of those sections shall obtain the fingerprint	1547
impressions at a county sheriff's office, municipal police	1548
department, or any other entity with the ability to make	1549
fingerprint impressions on the standard impression sheets	1550
prescribed by the superintendent. The office, department, or	1551
entity may charge the person a reasonable fee for making the	1552
impressions. The standard impression sheets the superintendent	1553
prescribes pursuant to this division may be in a tangible format,	1554
in an electronic format, or in both tangible and electronic	1555
formats.	1556

(3) Subject to division (D) of this section, the	1557
superintendent shall prescribe and charge a reasonable fee for	1558
providing a criminal records check requested under section	1559
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1560
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1561
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	1562
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121,	1563
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	1564
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	1565
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	1566
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1567
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	1568
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1569
5153.111 of the Revised Code. The person making a criminal	1570
records request under any of those sections shall pay the fee	1571
prescribed pursuant to this division. A person making a	1572
request under section 3701.881 of the Revised Code for a	1573
criminal records check for an applicant who may be both	1574
responsible for the care, custody, or control of a child and	1575
involved in providing direct care to an older adult shall pay	1576
one fee for the request. In the case of a request under section	1577
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or	1578
5111.032 of the Revised Code, the fee shall be paid in the	1579
manner specified in that section.	1580

(4) The superintendent of the bureau of criminal	1581
identification and investigation may prescribe methods of	1582
forwarding fingerprint impressions and information necessary to	1583
conduct a criminal records check, which methods shall include, but	1584
not be limited to, an electronic method.	1585

(D) A determination whether any information exists that	1586
indicates that a person previously has been convicted of or	1587
pleaded guilty to any offense listed or described in division	1588
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1589
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	1590
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of	1591
this section, or that indicates that a person previously has	1592
been convicted of or pleaded guilty to any criminal offense in	1593
this state or any other state regarding a criminal records check	1594
of a type described in division (A)(13) of this section, and	1595
that is made by the superintendent with respect to information	1596
considered in a criminal records check in accordance with this	1597
section is valid for the person who is the subject of the	1598
criminal records check for a period of one year from the date	1599
upon which the superintendent makes the determination. During the	1600
period in which the determination in regard to a person is valid,	1601
if another request under this section is made for a criminal	1602
records check for that person, the superintendent shall provide	1603
the information that is the basis for the superintendent's	1604
initial determination at a lower fee than the fee prescribed for	1605
the initial criminal records check.	1606

(E) As used in this section:

1607

(1) "Criminal records check" means any criminal records check	1608
conducted by the superintendent of the bureau of criminal	1609
identification and investigation in accordance with division (B)	1610
of this section.	1611

(2) "Minor drug possession offense" has the same meaning as	1612
in section 2925.01 of the Revised Code.	1613

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

1614

(4) "OVI or OVUAC violation" means a violation of section	1615
4511.19 of the Revised Code or a violation of an existing or	1616
former law of this state, any other state, or the United States	1617
that is substantially equivalent to section 4511.19 of the Revised	1618
Code.	1619

Sec. 109.73. (A) The Ohio peace officer training commission	1620
shall recommend rules to the attorney general with respect to all	1621
of the following:	1622

(1) The approval, or revocation of approval, of peace officer	1623
training schools administered by the state, counties, municipal	1624
corporations, public school districts, technical college	1625
districts, and the department of natural resources;	1626

(2) Minimum courses of study, attendance requirements, and	1627
equipment and facilities to be required at approved state, county,	1628
municipal, and department of natural resources peace officer	1629
training schools;	1630

(3) Minimum qualifications for instructors at approved state,	1631
county, municipal, and department of natural resources peace	1632
officer training schools;	1633

(4) The requirements of minimum basic training that peace	1634
officers appointed to probationary terms shall complete before	1635
being eligible for permanent appointment, which requirements shall	1636
include ~~a minimum of fifteen hours of~~ training in the handling of	1637
the offense of domestic violence, other types of domestic	1638
violence-related offenses and incidents, and protection orders and	1639
consent agreements issued or approved under section 2919.26 or	1640
3113.31 of the Revised Code; ~~a minimum of six hours of~~ crisis	1641
intervention training; and ~~a specified amount of~~ training in the	1642
handling of missing children and child abuse and neglect cases;	1643
and the time within which such basic training shall be completed	1644
following appointment to a probationary term;	1645

(5) The requirements of minimum basic training that peace	1646
officers not appointed for probationary terms but appointed on	1647
other than a permanent basis shall complete in order to be	1648
eligible for continued employment or permanent appointment, which	1649
requirements shall include ~~a minimum of fifteen hours of~~ training	1650
in the handling of the offense of domestic violence, other types	1651
of domestic violence-related offenses and incidents, and	1652
protection orders and consent agreements issued or approved under	1653
section 2919.26 or 3113.31 of the Revised Code, ~~a minimum of six~~	1654
~~hours of~~ crisis intervention training, and ~~a specified amount of~~	1655
training in the handling of missing children and child abuse and	1656
neglect cases, and the time within which such basic training shall	1657
be completed following appointment on other than a permanent	1658
basis;	1659

(6) Categories or classifications of advanced in-service	1660
training programs for peace officers, including programs in the	1661
handling of the offense of domestic violence, other types of	1662
domestic violence-related offenses and incidents, and protection	1663
orders and consent agreements issued or approved under section	1664
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	1665
and in the handling of missing children and child abuse and	1666
neglect cases, and minimum courses of study and attendance	1667
requirements with respect to such categories or classifications;	1668

(7) Permitting persons, who are employed as members of a	1669
campus police department appointed under section 1713.50 of the	1670
Revised Code; who are employed as police officers by a qualified	1671
nonprofit corporation police department pursuant to section	1672
1702.80 of the Revised Code; who are appointed and commissioned as	1673
bank, savings and loan association, savings bank, credit union, or	1674
association of banks, savings and loan associations, savings	1675
banks, or credit unions police officers, as railroad police	1676
officers, or as hospital police officers pursuant to sections	1677
4973.17 to 4973.22 of the Revised Code; or who are appointed and	1678
commissioned as amusement park police officers pursuant to section	1679
4973.17 of the Revised Code, to attend approved peace officer	1680
training schools, including the Ohio peace officer training	1681
academy, and to receive certificates of satisfactory completion of	1682
basic training programs, if the private college or university that	1683
established the campus police department; qualified nonprofit	1684
corporation police department; bank, savings and loan association,	1685
savings bank, credit union, or association of banks, savings and	1686
loan associations, savings banks, or credit unions; railroad	1687
company; hospital; or amusement park sponsoring the police	1688
officers pays the entire cost of the training and certification	1689
and if trainee vacancies are available;	1690

(8) Permitting undercover drug agents to attend approved	1691
peace officer training schools, other than the Ohio peace officer	1692
training academy, and to receive certificates of satisfactory	1693
completion of basic training programs, if, for each undercover	1694
drug agent, the county, township, or municipal corporation that	1695
employs that undercover drug agent pays the entire cost of the	1696
training and certification;	1697

(9)(a) The requirements for basic training programs for	1698
bailiffs and deputy bailiffs of courts of record of this state and	1699
for criminal investigators employed by the state public defender	1700
that those persons shall complete before they may carry a firearm	1701
while on duty;	1702

(b) The requirements for any training received by a bailiff	1703
or deputy bailiff of a court of record of this state or by a	1704
criminal investigator employed by the state public defender prior	1705
to June 6, 1986, that is to be considered equivalent to the	1706
training described in division (A)(9)(a) of this section.	1707

(10) Establishing minimum qualifications and requirements for	1708
certification for dogs utilized by law enforcement agencies;	1709

(11) Establishing minimum requirements for certification of	1710
persons who are employed as correction officers in a full-service	1711
jail, five-day facility, or eight-hour holding facility or who	1712
provide correction services in such a jail or facility;	1713

(12) Establishing requirements for the training of agents of	1714
a county humane society under section 1717.06 of the Revised Code,	1715
including, without limitation, a requirement that the agents	1716
receive instruction on traditional animal husbandry methods and	1717
training techniques, including customary owner-performed	1718
practices.	1719

(B) The commission shall appoint an executive director, with	1720
the approval of the attorney general, who shall hold office during	1721
the pleasure of the commission. The executive director shall	1722
perform such duties assigned by the commission. The executive	1723
director shall receive a salary fixed pursuant to Chapter 124. of	1724
the Revised Code and reimbursement for expenses within the amounts	1725
available by appropriation. The executive director may appoint	1726
officers, employees, agents, and consultants as the executive	1727
director considers necessary, prescribe their duties, and provide	1728
for reimbursement of their expenses within the amounts available	1729
for reimbursement by appropriation and with the approval of the	1730
commission.	1731

1732

(1) Recommend studies, surveys, and reports to be made by the	1733
executive director regarding the carrying out of the objectives	1734
and purposes of sections 109.71 to 109.77 of the Revised Code;	1735

(2) Visit and inspect any peace officer training school that	1736
has been approved by the executive director or for which	1737
application for approval has been made;	1738

(3) Make recommendations, from time to time, to the executive	1739
director, the attorney general, and the general assembly regarding	1740
the carrying out of the purposes of sections 109.71 to 109.77 of	1741
the Revised Code;	1742

(4) Report to the attorney general from time to time, and to	1743
the governor and the general assembly at least annually,	1744
concerning the activities of the commission;	1745

(5) Establish fees for the services the commission offers	1746
under sections 109.71 to 109.79 of the Revised Code, including,	1747
but not limited to, fees for training, certification, and testing;	1748

(6) Perform such other acts as are necessary or appropriate	1749
to carry out the powers and duties of the commission as set forth	1750
in sections 109.71 to 109.77 of the Revised Code.	1751

(D) In establishing the requirements, under division (A)(12)	1752
of this section, the commission may consider any portions of the	1753
curriculum for instruction on the topic of animal husbandry	1754
practices, if any, of the Ohio state university college of	1755
veterinary medicine. No person or entity that fails to provide	1756
instruction on traditional animal husbandry methods and training	1757
techniques, including customary owner-performed practices, shall	1758
qualify to train a humane agent for appointment under section	1759
1717.06 of the Revised Code.	1760

Sec. 109.742. The attorney general shall adopt, in	1761
accordance with Chapter 119. or pursuant to section 109.74 of the	1762
Revised Code, rules governing the training of peace officers in	1763
crisis intervention. The rules shall specify ~~six or more hours of~~	1764
~~that~~the amount of training necessary for the satisfactory	1765
completion of basic training programs at approved peace officer	1766
training schools, other than the Ohio peace officer training	1767
academy.	1768

Sec. 109.744. The attorney general shall adopt, in	1769
accordance with Chapter 119. of the Revised Code or pursuant to	1770
section 109.74 of the Revised Code, rules governing the training	1771
of peace officers in the handling of the offense of domestic	1772
violence, other types of domestic violence-related offenses and	1773
incidents, and protection orders and consent agreements issued or	1774
approved under section 2919.26 or 3113.31 of the Revised Code. The	1775
provisions of the rules shall include, but shall not be limited	1776
to, all of the following:	1777

(A) A ~~specification that fifteen or more hours~~specified	1778
amount of ~~that~~ training that is ~~required~~necessary for the	1779
satisfactory completion of basic training programs at approved	1780
peace officer training schools, other than the Ohio peace officer	1781
training academy;	1782

(B) A requirement that the training include, but not be	1783
limited to, training in all of the following:	1784

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

1785

(2) Notifying a victim of domestic violence of ~~his~~the	1786
victim's rights;	1787

(3) Processing protection orders and consent agreements	1788
issued or approved under section 2919.26 or 3113.31 of the Revised	1789
Code.	1790

Sec. 109.751. (A) The executive director of the Ohio peace	1791
officer training commission shall neither approve nor issue a	1792
certificate of approval to a peace officer training school	1793
pursuant to section 109.75 of the Revised Code unless the school	1794
agrees to permit, in accordance with rules adopted by the attorney	1795
general pursuant to division (C) of this section, undercover drug	1796
agents to attend its basic training programs. The executive	1797
director shall revoke approval, and the certificate of approval	1798
of, a peace officer training school that does not permit, in	1799
accordance with rules adopted by the attorney general pursuant to	1800
division (C) of this section, undercover drug agents to attend its	1801
basic training programs.	1802

This division does not apply to peace officer training	1803
schools for employees of conservancy districts who are designated	1804
pursuant to section 6101.75 of the Revised Code or for a natural	1805
resources law enforcement staff officer, park officers, forest	1806
officers, preserve officers, wildlife officers, or state	1807
watercraft officers of the department of natural resources.	1808

(B)(1) A peace officer training school is not required to	1809
permit an undercover drug agent, a bailiff or deputy bailiff of a	1810
court of record of this state, or a criminal investigator employed	1811
by the state public defender to attend its basic training programs	1812
if either of the following applies:	1813

(a) In the case of the Ohio peace officer training academy,	1814
the employer county, township, municipal corporation, court, or	1815
state public defender or the particular undercover drug agent,	1816
bailiff, deputy bailiff, or criminal investigator has not paid the	1817
tuition costs of training in accordance with section 109.79 of the	1818
Revised Code;	1819

(b) In the case of other peace officer training schools, the	1820
~~employer~~employing county, township, municipal corporation, court,	1821
or state public defender fails to pay the entire cost of the	1822
training and certification.	1823

(2) A training school shall not permit a bailiff or deputy	1824
bailiff of a court of record of this state or a criminal	1825
investigator employed by the state public defender to attend its	1826
basic training programs unless the employing court of the bailiff	1827
or deputy bailiff or the state public defender, whichever is	1828
applicable, has authorized the bailiff, deputy bailiff, or	1829
investigator to attend the school.	1830

(C) The attorney general shall adopt, in accordance with	1831
Chapter 119. or pursuant to section 109.74 of the Revised Code,	1832
rules governing the attendance of undercover drug agents at	1833
approved peace officer training schools, other than the Ohio peace	1834
officer training academy, and the certification of the agents upon	1835
their satisfactory completion of basic training programs.	1836

Sec. 109.761. (A)(1) Each agency or entity that appoints or	1837
employs one or more peace officers shall report to the Ohio peace	1838
officer training commission all of the following that occur on or	1839
after February 20, 2002:	1840

(a) The appointment or employment of any person to serve the	1841
agency or entity as a peace officer in any full-time, part-time,	1842
reserve, auxiliary, or other capacity;	1843

(b) The termination, resignation, felony conviction, or	1844
death, or guilty plea as specified in division (F) of section	1845
109.77 of the Revised Code of any person who has been appointed to	1846
or employed by the agency or entity as a peace officer in any	1847
full-time, part-time, reserve, auxiliary, or other capacity and is	1848
serving the agency or entity in any of those peace officer	1849
capacities.	1850

(2) An agency or entity shall make each report required by	1851
this division not later than ten days after the occurrence of the	1852
event being reported. The agency or entity shall make the report	1853
in the manner and format prescribed by the executive director of	1854
the Ohio peace officer training commission.	1855

(B) Each agency or entity that appoints or employs one or	1856
more peace officers or state highway patrol troopers shall	1857
annually provide to the Ohio peace officer training commission a	1858
roster of all persons who have been appointed to or employed by	1859
the agency or entity as peace officers or troopers in any	1860
full-time, part-time, reserve, auxiliary, or other capacity and	1861
are serving, or during the year covered by the report have served,	1862
the agency or entity in any of those peace officer or trooper	1863
capacities. The agency or entity shall provide the roster in the	1864
manner and format, and by the date, prescribed by the executive	1865
director of the Ohio peace officer training commission.	1866

(C) The Ohio peace officer training commission shall	1867
prescribe the manner and format of making reports under division	1868
(A) of this section and providing annual rosters under division	1869
(B) of this section and shall prescribe the date by which the	1870
annual rosters must be provided.	1871

Sec. 109.77. (A) As used in this section, "felony" has the	1872
same meaning as in section 109.511 of the Revised Code.	1873

(B)(1) Notwithstanding any general, special, or local law or	1874
charter to the contrary, and except as otherwise provided in this	1875
section, no person shall receive an original appointment on a	1876
permanent basis as any of the following unless the person	1877
previously has been awarded a certificate by the executive	1878
director of the Ohio peace officer training commission attesting	1879
to the person's satisfactory completion of an approved state,	1880
county, municipal, or department of natural resources peace	1881
officer basic training program:	1882

(a) A peace officer of any county, township, municipal	1883
corporation, regional transit authority, or metropolitan housing	1884
authority;	1885

(b) A natural resources law enforcement staff officer, park	1886
officer, forest officer, preserve officer, wildlife officer, or	1887
state watercraft officer of the department of natural resources;	1888

(c) An employee of a park district under section 511.232 or	1889
1545.13 of the Revised Code;	1890

(d) An employee of a conservancy district who is designated	1891
pursuant to section 6101.75 of the Revised Code;	1892

(e) A state university law enforcement officer;

1893

(f) A special police officer employed by the department of	1894
mental health pursuant to section 5119.14 of the Revised Code or	1895
the department of mental retardation and developmental	1896
disabilities pursuant to section 5123.13 of the Revised Code;	1897

(g) An enforcement agent of the department of public safety	1898
whom the director of public safety designates under section	1899
5502.14 of the Revised Code;	1900

(h) A special police officer employed by a port authority	1901
under section 4582.04 or 4582.28 of the Revised Code;	1902

(i) A special police officer employed by a municipal	1903
corporation at a municipal airport, or other municipal air	1904
navigation facility, that has scheduled operations, as defined in	1905
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1906
C.F.R. 119.3, as amended, and that is required to be under a	1907
security program and is governed by aviation security rules of the	1908
transportation security administration of the United States	1909
department of transportation as provided in Parts 1542. and 1544.	1910
of Title 49 of the Code of Federal Regulations, as amended.	1911

(2) Every person who is appointed on a temporary basis or for	1912
a probationary term or on other than a permanent basis as any of	1913
the following shall forfeit the appointed position unless the	1914
person previously has completed satisfactorily or, within the time	1915
prescribed by rules adopted by the attorney general pursuant to	1916
section 109.74 of the Revised Code, satisfactorily completes a	1917
state, county, municipal, or department of natural resources peace	1918
officer basic training program for temporary or probationary	1919
officers and is awarded a certificate by the director attesting to	1920
the satisfactory completion of the program:	1921

(a) A peace officer of any county, township, municipal	1922
corporation, regional transit authority, or metropolitan housing	1923
authority;	1924

(b) A natural resources law enforcement staff officer, park	1925
officer, forest officer, preserve officer, wildlife officer, or	1926
state watercraft officer of the department of natural resources;	1927

(c) An employee of a park district under section 511.232 or	1928
1545.13 of the Revised Code;	1929

(d) An employee of a conservancy district who is designated	1930
pursuant to section 6101.75 of the Revised Code;	1931

(e) A special police officer employed by the department of	1932
mental health pursuant to section 5119.14 of the Revised Code or	1933
the department of mental retardation and developmental	1934
disabilities pursuant to section 5123.13 of the Revised Code;	1935

(f) An enforcement agent of the department of public safety	1936
whom the director of public safety designates under section	1937
5502.14 of the Revised Code;	1938

(g) A special police officer employed by a port authority	1939
under section 4582.04 or 4582.28 of the Revised Code;	1940

(h) A special police officer employed by a municipal	1941
corporation at a municipal airport, or other municipal air	1942
navigation facility, that has scheduled operations, as defined in	1943
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1944
C.F.R. 119.3, as amended, and that is required to be under a	1945
security program and is governed by aviation security rules of the	1946
transportation security administration of the United States	1947
department of transportation as provided in Parts 1542. and 1544.	1948
of Title 49 of the Code of Federal Regulations, as amended.	1949

(3) For purposes of division (B) of this section, a state,	1950
county, municipal, or department of natural resources peace	1951
officer basic training program, regardless of whether the program	1952
is to be completed by peace officers appointed on a permanent or	1953
temporary, probationary, or other nonpermanent basis, shall	1954
include ~~at least fifteen hours of~~ training in the handling of the	1955
offense of domestic violence, other types of domestic	1956
violence-related offenses and incidents, and protection orders and	1957
consent agreements issued or approved under section 2919.26 or	1958
3113.31 of the Revised Code and ~~at least six hours of~~ crisis	1959
intervention training. The requirement to complete ~~fifteen hours~~	1960
of training in the handling of the offense of domestic violence,	1961
other types of domestic violence-related offenses and incidents,	1962
and protection orders and consent agreements issued or approved	1963
under section 2919.26 or 3113.31 of the Revised Code does not	1964
apply to any person serving as a peace officer on March 27, 1979,	1965
and the requirement to complete ~~six hours of~~ training in crisis	1966
intervention does not apply to any person serving as a peace	1967
officer on April 4, 1985. Any person who is serving as a peace	1968
officer on April 4, 1985, who terminates that employment after	1969
that date, and who subsequently is hired as a peace officer by the	1970
same or another law enforcement agency shall complete ~~the six~~	1971
~~hours of~~ training in crisis intervention ~~within the time~~as	1972
prescribed by rules adopted by the attorney general pursuant to	1973
section 109.742 of the Revised Code. No peace officer shall have	1974
employment as a peace officer terminated and then be reinstated	1975
with intent to circumvent this section.	1976

(4) Division (B) of this section does not apply to any person	1977
serving on a permanent basis on March 28, 1985, as a park officer,	1978
forest officer, preserve officer, wildlife officer, or state	1979
watercraft officer of the department of natural resources or as an	1980
employee of a park district under section 511.232 or 1545.13 of	1981
the Revised Code, to any person serving on a permanent basis on	1982
March 6, 1986, as an employee of a conservancy district designated	1983
pursuant to section 6101.75 of the Revised Code, to any person	1984
serving on a permanent basis on January 10, 1991, as a preserve	1985
officer of the department of natural resources, to any person	1986
employed on a permanent basis on July 2, 1992, as a special police	1987
officer by the department of mental health pursuant to section	1988
5119.14 of the Revised Code or by the department of mental	1989
retardation and developmental disabilities pursuant to section	1990
5123.13 of the Revised Code, to any person serving on a permanent	1991
basis on May 17, 2000, as a special police officer employed by a	1992
port authority under section 4582.04 or 4582.28 of the Revised	1993
Code, to any person serving on a permanent basis on ~~the effective~~	1994
~~date of this amendment~~March 19, 2003, as a special police officer	1995
employed by a municipal corporation at a municipal airport or	1996
other municipal air navigation facility described in division	1997
(A)(19) of section 109.71 of the Revised Code, to any person	1998
serving on a permanent basis on June 19, 1978, as a state	1999
university law enforcement officer pursuant to section 3345.04 of	2000
the Revised Code and who, immediately prior to June 19, 1978, was	2001
serving as a special police officer designated under authority of	2002
that section, or to any person serving on a permanent basis on	2003
September 20, 1984, as a liquor control investigator, known after	2004
June 30, 1999, as an enforcement agent of the department of public	2005
safety, engaged in the enforcement of Chapters 4301. and 4303. of	2006
the Revised Code.	2007

(5) Division (B) of this section does not apply to any person	2008
who is appointed as a regional transit authority police officer	2009
pursuant to division (Y) of section 306.35 of the Revised Code if,	2010
on or before July 1, 1996, the person has completed satisfactorily	2011
an approved state, county, municipal, or department of natural	2012
resources peace officer basic training program and has been	2013
awarded a certificate by the executive director of the Ohio peace	2014
officer training commission attesting to the person's satisfactory	2015
completion of such an approved program and if, on July 1, 1996,	2016
the person is performing peace officer functions for a regional	2017
transit authority.	2018

(C) No person, after September 20, 1984, shall receive an	2019
original appointment on a permanent basis as a veterans' home	2020
police officer designated under section 5907.02 of the Revised	2021
Code unless the person previously has been awarded a certificate	2022
by the executive director of the Ohio peace officer training	2023
commission attesting to the person's satisfactory completion of an	2024
approved police officer basic training program. Every person who	2025
is appointed on a temporary basis or for a probationary term or on	2026
other than a permanent basis as a veterans' home police officer	2027
designated under section 5907.02 of the Revised Code shall forfeit	2028
that position unless the person previously has completed	2029
satisfactorily or, within one year from the time of appointment,	2030
satisfactorily completes an approved police officer basic training	2031
program.	2032

(D) No bailiff or deputy bailiff of a court of record of this	2033
state and no criminal investigator who is employed by the state	2034
public defender shall carry a firearm, as defined in section	2035
2923.11 of the Revised Code, while on duty unless the bailiff,	2036
deputy bailiff, or criminal investigator has done or received one	2037
of the following:	2038

(1) Has been awarded a certificate by the executive director	2039
of the Ohio peace officer training commission, which certificate	2040
attests to satisfactory completion of an approved state, county,	2041
or municipal basic training program for bailiffs and deputy	2042
bailiffs of courts of record and for criminal investigators	2043
employed by the state public defender that has been recommended by	2044
the Ohio peace officer training commission;	2045

(2) Has successfully completed a firearms training program	2046
approved by the Ohio peace officer training commission prior to	2047
employment as a bailiff, deputy bailiff, or criminal investigator;	2048

(3) Prior to June 6, 1986, was authorized to carry a firearm	2049
by the court that employed the bailiff or deputy bailiff or, in	2050
the case of a criminal investigator, by the state public defender	2051
and has received training in the use of firearms that the Ohio	2052
peace officer training commission determines is equivalent to the	2053
training that otherwise is required by division (D) of this	2054
section.	2055

(E)(1) Before a person seeking a certificate completes an	2056
approved peace officer basic training program, the executive	2057
director of the Ohio peace officer training commission shall	2058
request the person to disclose, and the person shall disclose, any	2059
previous criminal conviction of or plea of guilty of that person	2060
to a felony.	2061

(2) Before a person seeking a certificate completes an	2062
approved peace officer basic training program, the executive	2063
director shall request a criminal history records check on the	2064
person. The executive director shall submit the person's	2065
fingerprints to the bureau of criminal identification and	2066
investigation, which shall submit the fingerprints to the federal	2067
bureau of investigation for a national criminal history records	2068
check.	2069

Upon receipt of the executive director's request, the bureau	2070
of criminal identification and investigation and the federal	2071
bureau of investigation shall conduct a criminal history records	2072
check on the person and, upon completion of the check, shall	2073
provide a copy of the criminal history records check to the	2074
executive director. The executive director shall not award any	2075
certificate prescribed in this section unless the executive	2076
director has received a copy of the criminal history records check	2077
on the person to whom the certificate is to be awarded.	2078

(3) The executive director of the commission shall not award	2079
a certificate prescribed in this section to a person who has been	2080
convicted of or has pleaded guilty to a felony or who fails to	2081
disclose any previous criminal conviction of or plea of guilty to	2082
a felony as required under division (E)(1) of this section.	2083

(4) The executive director of the commission shall revoke the	2084
certificate awarded to a person as prescribed in this section, and	2085
that person shall forfeit all of the benefits derived from being	2086
certified as a peace officer under this section, if the person,	2087
before completion of an approved peace officer basic training	2088
program, failed to disclose any previous criminal conviction of or	2089
plea of guilty to a felony as required under division (E)(1) of	2090
this section.	2091

(F)(1) Regardless of whether the person has been awarded the	2092
certificate or has been classified as a peace officer prior to,	2093
on, or after October 16, 1996, the executive director of the Ohio	2094
peace officer training commission shall revoke any certificate	2095
that has been awarded to a person as prescribed in this section if	2096
the person does either of the following:	2097

(a) Pleads guilty to a felony committed on or after January	2098
1, 1997;	2099

(b) Pleads guilty to a misdemeanor committed on or after	2100
January 1, 1997, pursuant to a negotiated plea agreement as	2101
provided in division (D) of section 2929.43 of the Revised Code in	2102
which the person agrees to surrender the certificate awarded to	2103
the person under this section.	2104

(2) The executive director of the commission shall suspend	2105
any certificate that has been awarded to a person as prescribed in	2106
this section if the person is convicted, after trial, of a felony	2107
committed on or after January 1, 1997. The executive director	2108
shall suspend the certificate pursuant to division (F)(2) of this	2109
section pending the outcome of an appeal by the person from that	2110
conviction to the highest court to which the appeal is taken or	2111
until the expiration of the period in which an appeal is required	2112
to be filed. If the person files an appeal that results in that	2113
person's acquittal of the felony or conviction of a misdemeanor,	2114
or in the dismissal of the felony charge against that person, the	2115
executive director shall reinstate the certificate awarded to the	2116
person under this section. If the person files an appeal from that	2117
person's conviction of the felony and the conviction is upheld by	2118
the highest court to which the appeal is taken or if the person	2119
does not file a timely appeal, the executive director shall revoke	2120
the certificate awarded to the person under this section.	2121

(G)(1) If a person is awarded a certificate under this	2122
section and the certificate is revoked pursuant to division (E)(4)	2123
or (F) of this section, the person shall not be eligible to	2124
receive, at any time, a certificate attesting to the person's	2125
satisfactory completion of a peace officer basic training program.	2126

(2) The revocation or suspension of a certificate under	2127
division (E)(4) or (F) of this section shall be in accordance with	2128
Chapter 119. of the Revised Code.	2129

(H)(1) A person who was employed as a peace officer of a	2130
county, township, or municipal corporation of the state on January	2131
1, 1966, and who has completed at least sixteen years of full-time	2132
active service as such a peace officer, or equivalent service as	2133
determined by the executive director of the Ohio peace officer	2134
training commission, may receive an original appointment on a	2135
permanent basis and serve as a peace officer of a county,	2136
township, or municipal corporation, or as a state university law	2137
enforcement officer, without complying with the requirements of	2138
division (B) of this section.	2139

(2) Any person who held an appointment as a state highway	2140
trooper on January 1, 1966, may receive an original appointment on	2141
a permanent basis and serve as a peace officer of a county,	2142
township, or municipal corporation, or as a state university law	2143
enforcement officer, without complying with the requirements of	2144
division (B) of this section.	2145

(I) No person who is appointed as a peace officer of a	2146
county, township, or municipal corporation on or after April 9,	2147
1985, shall serve as a peace officer of that county, township, or	2148
municipal corporation unless the person has received training in	2149
the handling of missing children and child abuse and neglect cases	2150
from an approved state, county, township, or municipal police	2151
officer basic training program or receives the training within the	2152
time prescribed by rules adopted by the attorney general pursuant	2153
to section 109.741 of the Revised Code.	2154

(J) No part of any approved state, county, or municipal basic	2155
training program for bailiffs and deputy bailiffs of courts of	2156
record and no part of any approved state, county, or municipal	2157
basic training program for criminal investigators employed by the	2158
state public defender shall be used as credit toward the	2159
completion by a peace officer of any part of the approved state,	2160
county, or municipal peace officer basic training program that the	2161
peace officer is required by this section to complete	2162
satisfactorily.	2163

(K) This section does not apply to any member of the police	2164
department of a municipal corporation in an adjoining state	2165
serving in this state under a contract pursuant to section 737.04	2166
of the Revised Code.	2167

Sec. 109.802. (A) There is hereby created in the state	2168
treasury the law enforcement assistance fund. The ~~fund~~attorney	2169
general shall ~~be used~~use the fund to pay reimbursements for	2170
continuing professional training programs for peace officers and	2171
troopers as provided in this section and section 109.803 of the	2172
Revised Code, ~~the~~ compensation of any employees of the attorney	2173
general required to administer those sections, and any other	2174
administrative costs incurred by the attorney general to	2175
administer those sections.	2176

(B) The attorney general shall adopt rules in accordance with	2177
Chapter 119. of the Revised Code establishing application	2178
procedures, standards, and guidelines, and prescribing an	2179
application form, for the reimbursement of public appointing	2180
authorities for the cost of continuing professional training	2181
programs for their peace officers and troopers. The rules shall	2182
include, but are not limited to, all of the following:	2183

(1) A requirement that applications for reimbursement be	2184
submitted on a calendar-year basis;	2185

(2) The documentation required to substantiate any costs for	2186
which the applicant seeks reimbursement;	2187

(3) Procedures for submitting applications for reimbursement	2188
for the cost of continuing professional training programs	2189
completed by a peace officer or trooper for whom the executive	2190
director of the Ohio peace officer training commission granted	2191
pursuant to division (A)(2) of section 109.803 of the Revised Code	2192
an extension of the time for compliance with the continuing	2193
professional training requirement specified in division (A) of	2194
that section and who complied with the requirement prior to the	2195
date on which the extension ends;	2196

(4) Any other requirements necessary for the proper	2197
administration of the reimbursement program.	2198

(C) The Ohio peace officer training commission shall	2199
administer a program for reimbursing public appointing authorities	2200
for the costs of continuing professional training programs that	2201
are successfully completed by the appointing authority's peace	2202
officers or troopers. The commission shall administer the	2203
reimbursement program in accordance with rules adopted by the	2204
attorney general pursuant to division (B) of this section.	2205

(D) Each public appointing authority may apply each calendar	2206
year to the peace officer training commission for reimbursement	2207
for the costs of continuing professional training programs that	2208
are successfully completed by the appointing authority's peace	2209
officers or troopers. Each application shall be made in accordance	2210
with, on an application form prescribed in, and be supported by	2211
the documentation required by, the rules adopted by the attorney	2212
general pursuant to division (B) of this section.	2213

(E)(1) The Ohio peace officer training commission, in	2214
accordance with rules of the attorney general adopted under	2215
division (B) of this section, shall review each application for	2216
reimbursement made under division (D) of this section to determine	2217
if the applicant is entitled to reimbursement for the training	2218
programs for which the applicant seeks reimbursement. Except as	2219
provided in division (E)(2) of this section, a public appointing	2220
authority that complies with division (B) of section 109.761 of	2221
the Revised Code and applies under division (D) of this section	2222
for reimbursement is entitled to reimbursement ~~only if all~~for	2223
each of the appointing authority's peace officers or troopers	2224
~~comply~~who timely complies with the continuing professional	2225
training requirement specified in division (A)(1) of section	2226
109.803 of the Revised Code by completing the minimum number of	2227
hours of training directed by the Ohio peace officer training	2228
commission under that division and with the other requirements	2229
described in that division.	2230

(2) ~~If a public appointing authority applies under division~~	2231
~~(D) of this section for reimbursement, if one or more of its peace~~	2232
~~officers or troopers have not complied with the continuing~~	2233
~~professional training requirement specified in division (A)(1) of~~	2234
~~section 109.803 of the Revised Code by completing the minimum~~	2235
~~number of hours of training directed by the Ohio peace officer~~	2236
~~training commission under that division, and if the executive~~	2237
~~director of the commission granted pursuant to division (A)(2) of~~	2238
~~section 109.803 of the Revised Code an extension of the time~~	2239
~~within which each of those peace officers or troopers who have not~~	2240
~~complied with the continuing professional training requirement~~	2241
~~must comply with that requirement, notwithstanding division (E)(1)~~	2242
~~of this section, both of the following apply:~~	2243

~~(a) If each peace officer or trooper of the public appointing~~	2244
~~authority for whom the executive director of the commission did~~	2245
~~not grant an extension pursuant to division (A)(2) of section~~	2246
~~109.803 of the Revised Code has complied with the continuing~~	2247
~~professional training requirement and with the other requirements~~	2248
~~described in division (A)(1) of section 109.803 of the Revised~~	2249
~~Code, the public appointing authority is entitled to reimbursement~~	2250
~~for the training programs completed by all of its peace officers~~	2251
~~or troopers who have so complied with the continuing professional~~	2252
~~training requirement and the other specified requirements.~~	2253

~~(b)~~ If a peace officer or trooper of the public appointing	2254
authority for whom the executive director of the commission	2255
granted an extension pursuant to division (A)(2) of section	2256
109.803 of the Revised Code complies prior to the date on which	2257
the extension ends with the continuing professional training	2258
requirement, and if the peace officer or trooper also has complied	2259
with the other requirements described in division (A)(1) of	2260
section 109.803 of the Revised Code, the public appointing	2261
authority is entitled to reimbursement for the training programs	2262
completed by that peace officer or trooper. An application for	2263
reimbursement of the type described in this division shall be made	2264
in accordance with rules adopted by the attorney general pursuant	2265
to division (B) of section 109.802 of the Revised Code.	2266

(3) If a public appointing authority that applies under	2267
division (D) of this section for reimbursement is entitled to	2268
reimbursement under division (E)(1) or (2) of this section for	2269
each peace officer and trooper who successfully completes a	2270
training program, the commission shall approve reimbursing the	2271
appointing authority for the cost of that program. The actual	2272
amount of reimbursement for each authorized training program shall	2273
be determined by rules adopted by the attorney general under	2274
division (B) of this section.	2275

If the public appointing authority is entitled to	2276
reimbursement under division (E)(2)~~(a)~~ of this section, payment of	2277
the reimbursement shall not be withheld during the period of the	2278
extension granted to the other peace officers or troopers of the	2279
authority pursuant to division (A)(2) of section 109.803 of the	2280
Revised Code, pending their compliance with the requirement. If	2281
the public appointing authority is entitled to reimbursement under	2282
division (E)(2)~~(a)~~ of this section and if one or more of its peace	2283
officers or troopers who were granted an extension pursuant to	2284
division (A)(2) of section 109.803 of the Revised Code fails to	2285
complete prior to the date on which the extension ends the	2286
required minimum number of hours of continuing professional	2287
training set by the commission under division (A)(1) of section	2288
109.803 of the Revised Code, the failure does not affect the	2289
reimbursement made to the public appointing authority, and the	2290
public appointing authority is not required to return the	2291
reimbursement or any portion of it.	2292

(F) Each public appointing authority that receives funds	2293
under this section shall keep those funds separate from any other	2294
funds of the appointing authority and shall use those funds only	2295
for paying the cost of continuing professional training programs.	2296

(G) As used in this section and section 109.803 of the	2297
Revised Code:	2298

(1) "Peace officer" has the same meaning as in section 109.71	2299
of the Revised Code.	2300

(2) "Trooper" means an individual appointed as a state	2301
highway patrol trooper under section 5503.01 of the Revised Code.	2302

(3) "Appointing authority" means any agency or entity that	2303
appoints a peace officer or trooper.	2304

Sec. 109.803. (A)(1) Subject to division (A)(2) of this	2305
section, every appointing authority shall require each of its	2306
appointed peace officers and troopers to complete up to	2307
twenty-four hours of continuing professional training each	2308
calendar year, as directed by the Ohio peace officer training	2309
commission. The number of hours directed by the commission, up to	2310
twenty-four hours, is intended to be a minimum requirement, and	2311
appointing authorities are encouraged to exceed the number of	2312
hours the commission directs as the minimum. The commission shall	2313
set the required minimum number of hours based upon available	2314
funding for reimbursement as described in this division. If no	2315
funding for the reimbursement is available, no continuing	2316
professional training will be required.	2317

(2) An appointing authority may submit a written request to	2318
the peace officer training commission that requests for a calendar	2319
year because of emergency circumstances an extension of the time	2320
within which one or more of its appointed peace officers or	2321
troopers must complete the required minimum number of hours of	2322
continuing professional training set by the commission, as	2323
described in division (A)(1) of this section. A request made under	2324
this division shall set forth the name of each of the appointing	2325
authority's peace officers or troopers for whom an extension is	2326
requested, identify the emergency circumstances related to that	2327
peace officer or trooper, include documentation of those emergency	2328
circumstances, and set forth the date on which the request is	2329
submitted to the commission. A request shall be made under this	2330
division not later than the fifteenth day of December in the	2331
calendar year for which the extension is requested.	2332

Upon receipt of a written request made under this division,	2333
the executive director of the commission shall review the request	2334
and the submitted documentation. If the executive director of the	2335
commission is satisfied that emergency circumstances exist for any	2336
peace officer or trooper for whom a request was made under this	2337
division, the executive director may approve the request for that	2338
peace officer or trooper and grant an extension of the time within	2339
which that peace officer or trooper must complete the required	2340
minimum number of hours of continuing professional training set by	2341
the commission. An extension granted under this division may be	2342
for any period of time the executive director believes to be	2343
appropriate, and the executive director shall specify in the	2344
notice granting the extension the date on which the extension	2345
ends. Not later than thirty days after the date on which a request	2346
is submitted to the commission, for each peace officer and trooper	2347
for whom an extension is requested, the executive director either	2348
shall approve the request and grant an extension or deny the	2349
request and deny an extension and shall send to the appointing	2350
authority that submitted the request written notice of the	2351
executive director's decision.	2352

If the executive director grants an extension of the time	2353
within which a particular appointed peace officer or trooper of an	2354
appointing authority must complete the required minimum number of	2355
hours of continuing professional training set by the commission,	2356
the appointing authority shall require that peace officer or	2357
trooper to complete the required minimum number of hours of	2358
training not later than the date on which the extension ends.	2359

~~(3)(a) If a public appointing authority complies with the~~	2360
~~training requirement specified in division (A)(1) of this section~~	2361
~~by requiring each of its appointed peace officers and troopers to~~	2362
~~complete the number of hours of training the commission directs as~~	2363
~~the minimum and with division (B) of section 109.761 of the~~	2364
~~Revised Code and if the appointed peace officers and troopers of~~	2365
~~the public appointing authority comply with section 109.801 of the~~	2366
~~Revised Code to the extent that they are subject to that section~~	2367
~~and comply with all other training mandated by the general~~	2368
~~assembly or the attorney general, the attorney general shall~~	2369
~~reimburse the public appointing authority for the successful~~	2370
~~training costs of each of its appointed peace officers and~~	2371
~~troopers as provided in section 109.802 of the Revised Code.~~	2372

~~(b) If the executive director of the Ohio peace officer~~	2373
~~training commission grants pursuant to division (A)(2) of this~~	2374
~~section an extension of the time within which one or more~~	2375
~~appointed peace officers or troopers of a public appointing~~	2376
~~authority must complete the required minimum number of hours of~~	2377
~~continuing professional training set by the commission, and if the~~	2378
~~criteria set forth in division (A)(3)(a) of this section are~~	2379
~~satisfied regarding each appointed peace officer or trooper of the~~	2380
~~public appointing authority for whom such an extension was not~~	2381
~~granted, the attorney general shall reimburse the public~~	2382
~~appointing authority for the successful training costs of each of~~	2383
~~its appointed peace officers and troopers for whom such an~~	2384
~~extension was not granted, as provided in section 109.802 of the~~	2385
~~Revised Code.~~	2386

~~If an appointed peace officer or trooper of a public~~	2387
~~appointing authority for whom the executive director granted such~~	2388
~~an extension completes prior to the date on which the extension~~	2389
~~ends the number of hours of training the commission directs as the~~	2390
~~minimum, if the officer or trooper also has complied with section~~	2391
~~109.801 of the Revised Code to the extent that the officer or~~	2392
~~trooper is subject to that section and has complied with all other~~	2393
~~training mandated by the general assembly or the attorney general,~~	2394
~~and if the public appointing authority has complied with division~~	2395
~~(B) of section 109.761 of the Revised Code, the attorney general~~	2396
~~shall reimburse the public appointing authority for the successful~~	2397
~~training costs of that peace officer or trooper as provided in~~	2398
~~section 109.802 of the Revised Code.~~	2399

~~(B)(1) Subject to division (B)(2) of this section, no~~	2400
~~appointed peace officer or trooper of an appointing authority who~~	2401
~~fails to complete in any calendar year the required hours of~~	2402
~~continuing professional training the Ohio peace officer training~~	2403
~~commission directs pursuant to division (A) of this section as the~~	2404
~~minimum number of hours or who fails to comply with section~~	2405
~~109.801 of the Revised Code or any other required training shall~~	2406
~~carry a firearm during the course of official duties or perform~~	2407
~~the functions of a peace officer or trooper until evidence of the~~	2408
~~peace officer's or trooper's compliance with those requirements is~~	2409
~~filed with the executive director of the Ohio peace officer~~	2410
~~training commission.~~	2411

~~(2) If the executive director of the Ohio peace officer~~	2412
~~training commission grants pursuant to division (A)(2) of this~~	2413
~~section an extension of the time within which an appointed peace~~	2414
~~officer or trooper of an appointing authority must complete the~~	2415
~~required minimum number of hours of continuing professional~~	2416
~~training set by the commission, during the period of the extension~~	2417
~~division (B)(1) of this section does not apply to a peace officer~~	2418
~~or trooper for whom such an extension was granted, provided that~~	2419
~~peace officer or trooper has complied with section 109.801 of the~~	2420
~~Revised Code to the extent that the officer or trooper is subject~~	2421
~~to that section and has complied with all other required training.~~	2422
~~If a peace officer or trooper of an appointing authority for whom~~	2423
~~such an extension was granted fails to complete prior to the date~~	2424
~~on which the extension ends the required minimum number of hours~~	2425
~~of continuing professional training set by the commission,~~	2426
~~division (B)(1) of this section applies to that officer or trooper~~	2427
~~after the date on which the extension ends.~~	2428

~~(C)~~(B) With the advice of the Ohio peace officer training	2429
commission, the attorney general shall adopt in accordance with	2430
Chapter 119. of the Revised Code rules setting forth minimum	2431
standards for continuing professional training for peace officers	2432
and troopers and governing the administration of continuing	2433
professional training programs for peace officers and troopers.	2434
The attorney general shall transmit a certified copy of any rule	2435
adopted under this section to the secretary of state.	2436

Sec. 111.26. (A) It is hereby declared to be a public	2437
purpose and function of the state to facilitate the conduct of	2438
elections by assisting boards of elections in acquiring state	2439
capital facilities consisting of voting machines, marking devices,	2440
and automatic tabulating equipment certified for use in this	2441
state under section 3506.05 of the Revised Code. Those voting	2442
machines, marking devices, and automatic tabulating equipment are	2443
designated as capital facilities under sections 152.09 to 152.33	2444
of the Revised Code. The Ohio building authority is authorized to	2445
issue revenue obligations under sections 152.09 to 152.33 of the	2446
Revised Code to pay all or part of the cost of those state	2447
capital facilities as are designated by law.	2448

Boards of elections, due to their responsibilities related to	2449
the proper conduct of elections under state law, are designated as	2450
state agencies having jurisdiction over those state capital	2451
facilities financed in part pursuant to this section and Chapter	2452
152. of the Revised Code. It is hereby determined and declared	2453
that voting machines, marking devices, and automatic tabulating	2454
equipment financed in part under this section are for the purpose	2455
of housing agencies of state government, their functions and	2456
equipment.	2457

(B) A county shall contribute to the cost of capital	2458
facilities authorized under this section as provided below.	2459

(C) Any lease of capital facilities authorized by this	2460
section, the rentals of which are payable in whole or in part from	2461
appropriations made by the general assembly, is governed by	2462
division (D) of section 152.24 of the Revised Code. Such rentals	2463
constitute available receipts as defined in section 152.09 of the	2464
Revised Code and may be pledged for the payment of bond service	2465
charges as provided in section 152.10 of the Revised Code.	2466

(D) The county voting machine revolving lease/loan fund is	2467
hereby created in the state treasury. The fund shall consist of	2468
the net proceeds of obligations issued under sections 152.09 to	2469
152.33 of the Revised Code to finance a portion of those state	2470
capital facilities described in division (A) of this section, as	2471
needed to ensure sufficient moneys to support appropriations from	2472
the fund. Lease payments from counties made for those capital	2473
facilities financed in part from the fund and interest earnings	2474
on the balance in the fund shall be credited to the fund. The	2475
fund shall also receive any other authorized transfers of cash.	2476
Moneys in the fund shall be used for the purpose of acquiring a	2477
portion of additional capital facilities described in division	2478
(A) of this section at the request of the applicable board of	2479
elections.	2480

Participation in the fund by a board of county commissioners	2481
shall be voluntary.	2482

The secretary of state shall administer the county voting	2483
machine revolving lease/loan fund in accordance with this section	2484
and shall enter into any lease or other agreement with the	2485
department of administrative services, the Ohio building	2486
authority, or any board of elections necessary or appropriate to	2487
accomplish the purposes of this section.	2488

(E) Acquisitions made under this section shall provide not	2489
more than fifty per cent of the estimated total cost of a board of	2490
county commissioners' purchase of voting machines, marking	2491
devices, and automatic tabulating equipment.	2492

The secretary of state shall adopt rules for the	2493
implementation of the acquisition and revolving lease/loan program	2494
established under this section, which rules shall require that	2495
the secretary of state approve any acquisition of voting	2496
machines, marking devices, and automatic tabulating equipment	2497
using money made available under this section. An acquisition for	2498
any one board of county commissioners shall not exceed five	2499
million dollars and shall be made only for equipment purchased on	2500
or after March 31, 2008.Any costs incurred on or after January	2501
1, 2008, may be considered as the county cost percentage for the	2502
purpose of an acquisition made under this section.	2503

Counties shall lease from the secretary of state the capital	2504
facilities financed in part from the county voting machine	2505
revolving lease/loan fund and may enter into any agreements	2506
required under the applicable bond proceedings. All voting	2507
machines, marking devices, and automatic tabulating equipment	2508
purchased through this fund shall remain the property of the	2509
state until all payments under the applicable county lease have	2510
been made at which time ownership shall transfer to the county.	2511
Costs associated with the maintenance, repair, and operation of	2512
the voting machines, marking devices, and automatic tabulating	2513
equipment purchased under this section shall be the	2514
responsibility of the participating boards of elections and	2515
boards of county commissioners.	2516

Such lease may obligate the counties, as using state agencies	2517
under Chapter 152. of the Revised Code, to operate the capital	2518
facilities for such period of time as may be specified by law and	2519
to pay such rent as the secretary of state determines to be	2520
appropriate. Notwithstanding any other provision of the Revised	2521
Code to the contrary, any county may enter into such a lease, and	2522
any such lease is legally sufficient to obligate the county for	2523
the term stated in the lease. Any such lease constitutes an	2524
agreement described in division (E) of section 152.24 of the	2525
Revised Code.	2526

(F) As used in this section:

2527

(1) "Automatic tabulating equipment," "marking device," and	2528
"voting machine" have the same meanings as in section 3506.01 of	2529
the Revised Code.	2530

(2) "Equipment" has the same meaning as in section 3506.05	2531
of the Revised Code.	2532

Sec. 111.27. There is hereby established in the state	2533
treasury the board of elections reimbursement and education fund.	2534
The fund shall be used by the secretary of state to reimburse	2535
boards of elections for various purposes, including reimbursements	2536
made under sections 3513.301, 3513.312, 3515.071, and 3521.03 of	2537
the Revised Code, and to provide training and educational programs	2538
for members and employees of boards of elections. The fund shall	2539
receive transfers of cash pursuant to controlling board action and	2540
also shall receive revenues from fees, gifts, grants, donations,	2541
and other similar receipts.	2542

Sec. 117.54. When conducting an audit under section 117.11 of	2543
the Revised Code of a city, local, or exempted village school	2544
district, a community school established under Chapter 3314. of	2545
the Revised Code, or a STEM school established under Chapter 3326.	2546
of the Revised Code, the auditor of state shall determine both of	2547
the following:	2548

(A) Whether the school district, community school, or STEM	2549
school has adopted and submitted a spending plan under section	2550
3306.30 and, if applicable, section 3306.31 of the Revised Code	2551
and that spending plan complies with any applicable expenditure	2552
or reporting standard prescribed by rule adopted under section	2553
3306.25 of the Revised Code;	2554

(B) Whether the school district, community school, or STEM	2555
school has adopted a plan to implement recommendations of a	2556
performance review conducted under section 3306.32 of the Revised	2557
Code or a performance audit conducted under section 3316.042 of	2558
the Revised Code.	2559

The auditor of state shall record these determinations in the	2560
audit report.	2561

Sec. 118.05. (A) Pursuant to the powers of the general	2562
assembly and for the purposes of this chapter, upon the occurrence	2563
of a fiscal emergency in any municipal corporation, county, or	2564
township, as determined pursuant to section 118.04 of the Revised	2565
Code, there is established, with respect to that municipal	2566
corporation, county, or township, a body both corporate and	2567
politic constituting an agency and instrumentality of the state	2568
and performing essential governmental functions of the state to be	2569
known as the "financial planning and supervision commission for	2570
............... (name of municipal corporation, county, or	2571
township)," which, in that name, may exercise all authority vested	2572
in such a commission by this chapter. A separate commission is	2573
established with respect to each municipal corporation, county, or	2574
township as to which there is a fiscal emergency as determined	2575
under this chapter.	2576

(B) A commission shall consist of the following ~~seven~~ voting	2577
members:	2578

(1) Four ex officio members: the treasurer of state; the	2579
director of budget and management; in the case of a municipal	2580
corporation, the mayor of the municipal corporation and the	2581
presiding officer of the legislative authority of the municipal	2582
corporation; in the case of a county, the president of the board	2583
of county commissioners and the county auditor; and in the case of	2584
a township, a member of the board of township trustees and the	2585
county auditor.	2586

The treasurer of state may designate a deputy treasurer or	2587
director within the office of the treasurer of state or any other	2588
appropriate person who is not an employee of the treasurer of	2589
state's office; the director of budget and management may	2590
designate an individual within the office of budget and management	2591
or any other appropriate person who is not an employee of the	2592
office of budget and management; the mayor may designate a	2593
responsible official within the mayor's office or the fiscal	2594
officer of the municipal corporation; the presiding officer of the	2595
legislative authority of the municipal corporation may designate	2596
any other member of the legislative authority; the board of county	2597
commissioners may designate any other member of the board or the	2598
fiscal officer of the county; and the board of township trustees	2599
may designate any other member of the board or the fiscal officer	2600
of the township to attend the meetings of the commission when the	2601
ex officio member is absent or unable for any reason to attend. A	2602
designee, when present, shall be counted in determining whether a	2603
quorum is present at any meeting of the commission and may vote	2604
and participate in all proceedings and actions of the commission.	2605
The designations shall be in writing, executed by the ex officio	2606
member or entity making the designation, and filed with the	2607
secretary of the commission. The designations may be changed from	2608
time to time in like manner, but due regard shall be given to the	2609
need for continuity.	2610

(2) ~~Three~~If a municipal corporation, county, or township	2611
has a population of at least one thousand, three members nominated	2612
and appointed as follows:	2613

The mayor and presiding officer of the legislative authority	2614
of the municipal corporation, the board of county commissioners,	2615
or the board of township trustees shall, within ten days after the	2616
determination of the fiscal emergency by the auditor of state	2617
under section 118.04 of the Revised Code, submit in writing to the	2618
governor the nomination of five persons agreed to by them and	2619
meeting the qualifications set forth in this division. If the	2620
governor is not satisfied that at least three of the nominees are	2621
well qualified, the governor shall notify the mayor and presiding	2622
officer, or the board of county commissioners, or the board of	2623
township trustees to submit in writing, within five days,	2624
additional nominees agreed upon by them, not exceeding three. The	2625
governor shall appoint three members from all the agreed-upon	2626
nominees so submitted or a lesser number that the governor	2627
considers well qualified within thirty days after receipt of the	2628
nominations, and shall fill any remaining positions on the	2629
commission by appointment of any other persons meeting the	2630
qualifications set forth in this division. All appointments by	2631
the governor shall be made with the advice and consent of the	2632
senate. Each of the three appointed members shall serve during the	2633
life of the commission, subject to removal by the governor for	2634
misfeasance, nonfeasance, or malfeasance in office. In the event	2635
of the death, resignation, incapacity, removal, or ineligibility	2636
to serve of an appointed member, the governor, pursuant to the	2637
process for original appointment, shall appoint a successor.	2638

(3) If a municipal corporation, county, or township has a	2639
population of less than one thousand, one member nominated and	2640
appointed as follows:	2641

The mayor and presiding officer of the legislative authority	2642
of the municipal corporation, the board of county commissioners,	2643
or the board of township trustees shall, within ten days after the	2644
determination of the fiscal emergency by the auditor of state	2645
under section 118.04 of the Revised Code, submit in writing to the	2646
governor the nomination of three persons agreed to by them and	2647
meeting the qualifications set forth in this division. If the	2648
governor is not satisfied that at least one of the nominees is	2649
well qualified, the governor shall notify the mayor and presiding	2650
officer, or the board of county commissioners, or the board of	2651
township trustees to submit in writing, within five days,	2652
additional nominees agreed upon by them, not exceeding three. The	2653
governor shall appoint one member from all the agreed-upon	2654
nominees so submitted or shall fill the position on the commission	2655
by appointment of any other person meeting the qualifications set	2656
forth in this division. All appointments by the governor shall be	2657
made with the advice and consent of the senate. The appointed	2658
member shall serve during the life of the commission, subject to	2659
removal by the governor for misfeasance, nonfeasance, or	2660
malfeasance in office. In the event of the death, resignation,	2661
incapacity, removal, or ineligibility to serve of the appointed	2662
member, the governor, pursuant to the process for original	2663
appointment, shall appoint a successor.	2664

Each ~~of the three~~ appointed ~~members~~member shall be an	2665
individual:	2666

(a) Who has knowledge and experience in financial matters,	2667
financial management, or business organization or operations,	2668
~~including at least five years of experience in the private sector~~	2669
~~in the management of business or financial enterprise or in~~	2670
~~management consulting, public accounting, or other professional~~	2671
~~activity~~;	2672

(b) Whose residency, office, or principal place of	2673
professional or business activity is situated within the municipal	2674
corporation, county, or township;	2675

(c) Who ~~has not, at any time during the five years preceding~~	2676
~~the date of appointment, held any elected public office. An~~	2677
~~appointed member of the commission~~ shall not become a candidate	2678
for elected public office while serving as a member of the	2679
commission.	2680

(C) Immediately after appointment of the initial ~~three~~	2681
appointed member or members of the commission, the governor shall	2682
call the first meeting of the commission and shall cause written	2683
notice of the time, date, and place of the first meeting to be	2684
given to each member of the commission at least forty-eight hours	2685
in advance of the meeting.	2686

(D) The director of budget and management shall serve as	2687
chairperson of the commission. The commission shall elect one of	2688
its members to serve as vice-chairperson and may appoint a	2689
secretary and any other officers, who need not be members of the	2690
commission, it considers necessary.	2691

(E) The commission may adopt and alter bylaws and rules,	2692
which shall not be subject to section 111.15 or Chapter 119. of	2693
the Revised Code, for the conduct of its affairs and for the	2694
manner, subject to this chapter, in which its powers and functions	2695
shall be exercised and embodied.	2696

(F) ~~Five~~Four members of ~~the~~a commission established	2697
pursuant to divisions (B)(1) and (2) of this section constitute a	2698
quorum of the commission. The affirmative vote of ~~five~~four	2699
members of ~~the~~such a commission is necessary for any action	2700
taken by vote of the commission. Three members of a commission	2701
established pursuant to divisions (B)(1) and (3) of this section	2702
constitute a quorum of the commission. The affirmative vote of	2703
three members of such a commission is necessary for any action	2704
taken by vote of the commission. No vacancy in the membership	2705
of the commission shall impair the rights of a quorum by such	2706
vote to exercise all the rights and perform all the duties of the	2707
commission. Members of the commission, and their designees, are	2708
not disqualified from voting by reason of the functions of the	2709
other office they hold and are not disqualified from exercising	2710
the functions of the other office with respect to the municipal	2711
corporation, county, or township, its officers, or the	2712
commission.	2713

(G) The auditor of state shall serve as the "financial	2714
supervisor" to the commission unless the auditor of state elects	2715
to contract for that service. As used in this chapter, "financial	2716
supervisor" means the auditor of state.	2717

(H) At the request of the commission, the auditor of state	2718
shall designate employees of the auditor of state's office to	2719
assist the commission and the financial supervisor and to	2720
coordinate the work of the auditor of state's office and the	2721
financial supervisor. Upon the determination of a fiscal emergency	2722
in any municipal corporation, county, or township, the municipal	2723
corporation, county, or township shall provide the commission with	2724
such reasonable office space in the principal building housing	2725
city, county, or township government, where feasible, as it	2726
determines is necessary to carry out its duties under this	2727
chapter.	2728

(I) The financial supervisor, the members of the commission,	2729
the auditor of state, and any person authorized to act on behalf	2730
of or assist them shall not be personally liable or subject to any	2731
suit, judgment, or claim for damages resulting from the exercise	2732
of or failure to exercise the powers, duties, and functions	2733
granted to them in regard to their functioning under this chapter,	2734
but the commission, the financial supervisor, the auditor of	2735
state, and those other persons shall be subject to mandamus	2736
proceedings to compel performance of their duties under this	2737
chapter and with respect to any debt obligations issued pursuant	2738
or subject to this chapter.	2739

(J) At the request of the commission, the administrative head	2740
of any state agency shall temporarily assign personnel skilled in	2741
accounting and budgeting procedures to assist the commission or	2742
the financial supervisor in its duties as financial supervisor.	2743

(K) The appointed members of the commission are not subject	2744
to section 102.02 of the Revised Code. Each appointed member of	2745
the commission shall file with the commission a signed written	2746
statement setting forth the general nature of sales of goods,	2747
property, or services or of loans to the municipal corporation,	2748
county, or township with respect to which that commission is	2749
established, in which the appointed member has a pecuniary	2750
interest or in which any member of the appointed member's	2751
immediate family, as defined in section 102.01 of the Revised	2752
Code, or any corporation, partnership, or enterprise of which the	2753
appointed member is an officer, director, or partner, or of which	2754
the appointed member or a member of the appointed member's	2755
immediate family, as so defined, owns more than a five per cent	2756
interest, has a pecuniary interest, and of which sale, loan, or	2757
interest such member has knowledge. The statement shall be	2758
supplemented from time to time to reflect changes in the general	2759
nature of any such sales or loans.	2760

Sec. 120.04. (A) The state public defender shall serve at	2761
the pleasure of the Ohio public defender commission and shall be	2762
an attorney with a minimum of four years of experience in the	2763
practice of law and be admitted to the practice of law in this	2764
state at least one year prior to appointment.	2765

(B) The state public defender shall do all of the following:

2766

(1) Maintain a central office in Columbus. The central office	2767
shall be provided with a library of adequate size, considering the	2768
needs of the office and the accessibility of other libraries, and	2769
other necessary facilities and equipment.	2770

(2) Appoint assistant state public defenders, all of whom	2771
shall be attorneys admitted to the practice of law in this state,	2772
and other personnel necessary for the operation of the state	2773
public defender office. Assistant state public defenders shall be	2774
appointed on a full-time basis. The state public defender,	2775
assistant state public defenders, and employees appointed by the	2776
state public defender shall not engage in the private practice of	2777
law.	2778

(3) Supervise the compliance of county public defender	2779
offices, joint county public defender offices, and county	2780
appointed counsel systems with standards established by rules of	2781
the Ohio public defender commission pursuant to division (B) of	2782
section 120.03 of the Revised Code;	2783

(4) Keep and maintain financial records of all cases handled	2784
and develop records for use in the calculation of direct and	2785
indirect costs, in the operation of the office, and report	2786
periodically, but not less than annually, to the commission on all	2787
relevant data on the operations of the office, costs, projected	2788
needs, and recommendations for legislation or amendments to court	2789
rules, as may be appropriate to improve the criminal justice	2790
system;	2791

(5) Collect all moneys due the state for reimbursement for	2792
legal services under this chapter and under section 2941.51 of the	2793
Revised Code and institute any actions in court on behalf of the	2794
state for the collection of such sums that the state public	2795
defender considers advisable. Except as provided otherwise in	2796
division (D) of section 120.06 of the Revised Code, all moneys	2797
collected by the state public defender under this chapter and	2798
section 2941.51 of the Revised Code shall be deposited in the	2799
state treasury to the credit of the client payment fund, which is	2800
hereby created. All moneys credited to the fund shall be used by	2801
the state public defender to appoint assistant state public	2802
defenders and to provide other personnel, equipment, and	2803
facilities necessary for the operation of the state public	2804
defender office, to reimburse counties for the operation of county	2805
public defender offices, joint county public defender offices, and	2806
county appointed counsel systems pursuant to sections 120.18,	2807
120.28, and 120.33 of the Revised Code, or to provide assistance	2808
to counties in the operation of county indigent defense systems.	2809

(6) With respect to funds appropriated to the commission to	2810
pay criminal costs, perform the duties imposed by sections 2949.19	2811
and 2949.201 of the Revised Code;	2812

(7) Establish standards and guidelines for the reimbursement,	2813
pursuant to sections 120.18, 120.28, 120.33, 2941.51, and 2949.19	2814
of the Revised Code, of counties for the operation of county	2815
public defender offices, joint county public defender offices, and	2816
county appointed counsel systems and for other costs related to	2817
felony prosecutions;	2818

(8) Establish maximum amounts that the state will reimburse	2819
the counties pursuant to sections 120.18, 120.28, 120.33, and	2820
2941.51 of the Revised Code;	2821

(9) Establish minimum and maximum hourly rates and per case	2822
amounts for fee schedules that the state will reimburse the	2823
counties pursuant to section 120.33 of the Revised Code for each	2824
specific type of legal service performed by a county appointed	2825
counsel system;	2826

(10) Administer sections 120.18, 120.28, 120.33, 2941.51, and	2827
2949.19 of the Revised Code and make reimbursements pursuant to	2828
those sections;	2829

(11) Administer the program established pursuant to sections	2830
120.51 to 120.55 of the Revised Code for the charitable public	2831
purpose of providing financial assistance to legal aid societies.	2832
Neither the state public defender nor any of the state public	2833
defender's employees who is responsible in any way for the	2834
administration of that program and who performs those	2835
administrative responsibilities in good faith is in any manner	2836
liable if a legal aid society that is provided financial	2837
assistance under the program uses the financial assistance other	2838
than in accordance with sections 120.51 to 120.55 of the Revised	2839
Code or fails to comply with the requirements of those sections.	2840

(12) Establish an office for the handling of appeal and	2841
postconviction matters;	2842

(13) Provide technical aid and assistance to county public	2843
defender offices, joint county public defender offices, and other	2844
local counsel providing legal representation to indigent persons,	2845
including representation and assistance on appeals.	2846

2847

(1) In providing legal representation, conduct	2848
investigations, obtain expert testimony, take depositions, use	2849
other discovery methods, order transcripts, and make all other	2850
preparations which are appropriate and necessary to an adequate	2851
defense or the prosecution of appeals and other legal proceedings;	2852

(2) Seek, solicit, and apply for grants for the operation of	2853
programs for the defense of indigent persons from any public or	2854
private source, and may receive donations, grants, awards, and	2855
similar funds from any lawful source. Such funds shall be	2856
deposited in the state treasury to the credit of the public	2857
defender gifts and grants fund, which is hereby created.	2858

(3) Make all the necessary arrangements to coordinate the	2859
services of the office with any federal, county, or private	2860
programs established to provide legal representation to indigent	2861
persons and others, and to obtain and provide all funds allowable	2862
under any such programs;	2863

(4) Consult and cooperate with professional groups concerned	2864
with the causes of criminal conduct, the reduction of crime, the	2865
rehabilitation and correction of persons convicted of crime, the	2866
administration of criminal justice, and the administration and	2867
operation of the state public defender's office;	2868

(5) Accept the services of volunteer workers and consultants	2869
at no compensation other than reimbursement for actual and	2870
necessary expenses;	2871

(6) Prescribe any forms that are necessary for the uniform	2872
operation of this chapter;	2873

(7) Contract with a county public defender commission or a	2874
joint county public defender commission to provide all or any part	2875
of the services that a county public defender or joint county	2876
public defender is required or permitted to provide by this	2877
chapter, or contract with a board of county commissioners of a	2878
county that is not served by a county public defender commission	2879
or a joint county public defender commission for the provision of	2880
services in accordance with section 120.33 of the Revised Code.	2881
All money received by the state public defender pursuant to such a	2882
contract shall be credited to either the multi-county: county	2883
share fund or, if received as a result of a contract with Trumbull	2884
county, the Trumbull county: county share fund.	2885

(8) Authorize persons employed as criminal investigators to	2886
attend the Ohio peace officer training academy or any other peace	2887
officer training school for training;	2888

(9) Procure a policy or policies of malpractice insurance	2889
that provide coverage for the state public defender and assistant	2890
state public defenders in connection with malpractice claims that	2891
may arise from their actions or omissions related to	2892
responsibilities derived pursuant to this chapter.	2893

(D) No person employed by the state public defender as a	2894
criminal investigator shall attend the Ohio peace officer training	2895
academy or any other peace officer training school unless	2896
authorized to do so by the state public defender.	2897

Sec. 120.08. There is hereby created in the state treasury	2898
the indigent defense support fund, consisting of money paid into	2899
the fund pursuant to ~~section~~sections 4507.45, 4509.101, 4510.22,	2900
and 4511.19 of the Revised Code and pursuant to ~~section~~sections	2901
2937.22, 2949.091, and 2949.094 of the Revised Code out of the	2902
additional court costs imposed under ~~that section~~those sections.	2903
The state public defender shall use at least ninety per cent of	2904
the money in the fund for the purpose of reimbursing county	2905
governments for expenses incurred pursuant to sections 120.18,	2906
120.28, and 120.33 of the Revised Code. Disbursements from the	2907
fund to county governments shall be made ~~in each state fiscal~~	2908
at least once per year and shall be allocated proportionately	2909
so that each county receives an equal percentage of its total	2910
cost for operating its county public defender system, its joint	2911
county public defender system, or its county appointed counsel	2912
system, or its system operated under division (C)(7) of section	2913
120.04 of the Revised Code and division (B) of section 120.33 of	2914
the Revised Code. The state public defender may use not more than	2915
ten per cent of the money in the fund for the purposes of	2916
appointing assistant state public defenders or for providing	2917
other personnel, equipment, and facilities necessary for the	2918
operation of the state public defender office.	2919

Sec. 120.52. (A) There is hereby established in the state	2920
treasury the legal aid fund~~, which~~that shall be for the	2921
charitable public purpose of providing financial assistance to	2922
legal aid societies that provide civil legal services to	2923
indigents. The fund shall contain all funds credited to it by the	2924
treasurer of state pursuant to sections 1901.26, 1907.24,	2925
2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the Revised	2926
Code.	2927

(B) The treasurer of state may invest moneys contained in the	2928
legal aid fund in any manner authorized by the Revised Code for	2929
the investment of state moneys. However, no such investment shall	2930
interfere with any apportionment, allocation, or payment of moneys	2931
as required by section 120.53 of the Revised Code.	2932

(C) The state public defender, through the Ohio legal	2933
assistance foundation, shall administer the payment of moneys out	2934
of the fund. Four and one-half per cent of the moneys in the fund	2935
shall be reserved for the Ohio legal assistance foundation for the	2936
actual, reasonable costs of administering sections 120.51 to	2937
120.55 and sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231,	2938
4705.09, and 4705.10 of the Revised Code. Moneys that are	2939
reserved for administrative costs but that are not used for	2940
actual, reasonable administrative costs shall be set aside for use	2941
in the manner described in division (A) of section 120.521 of the	2942
Revised Code. The remainder of the moneys in the legal aid fund	2943
shall be distributed in accordance with section 120.53 of the	2944
Revised Code. The Ohio legal assistance foundation shall be	2945
responsible for administering the programs established under	2946
sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231, 4705.09,	2947
and 4705.10 of the Revised Code. The Ohio legal assistance	2948
foundation shall establish, in accordance with Chapter 119. of	2949
the Revised Code, rules governing the administration of the legal	2950
aid fund, including the programs established under sections	2951
1901.26, 1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and	2952
4705.10 of the Revised Code ~~regarding interest on~~	2953
~~interest-bearing trust accounts of an attorney, law firm, or legal~~	2954
~~professional association~~.	2955

Sec. 120.53. (A) A legal aid society that operates within	2956
the state may apply to the Ohio legal assistance foundation for	2957
financial assistance from the legal aid fund established by	2958
section 120.52 of the Revised Code to be used for the funding of	2959
the society during the calendar year following the calendar year	2960
in which application is made.	2961

(B) An application for financial assistance made under	2962
division (A) of this section shall be submitted by the first day	2963
of November of the calendar year preceding the calendar year for	2964
which financial assistance is desired and shall include all of the	2965
following:	2966

(1) Evidence that the applicant is incorporated in this state	2967
as a nonprofit corporation;	2968

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

2969

(3) The proposed budget of the applicant for these funds for	2970
the following calendar year;	2971

(4) A summary of the services to be offered by the applicant	2972
in the following calendar year;	2973

(5) A specific description of the territory or constituency	2974
served by the applicant;	2975

(6) An estimate of the number of persons to be served by the	2976
applicant during the following calendar year;	2977

(7) A general description of the additional sources of the	2978
applicant's funding;	2979

(8) The amount of the applicant's total budget for the	2980
calendar year in which the application is filed that it will	2981
expend in that calendar year for legal services in each of the	2982
counties it serves;	2983

(9) A specific description of any services, programs,	2984
training, and legal technical assistance to be delivered by the	2985
applicant or by another person pursuant to a contract with the	2986
applicant, including, but not limited to, by private attorneys or	2987
through reduced fee plans, judicare panels, organized pro bono	2988
programs, and mediation programs.	2989

(C) The Ohio legal assistance foundation shall determine	2990
whether each applicant that filed an application for financial	2991
assistance under division (A) of this section in a calendar year	2992
is eligible for financial assistance under this section. To be	2993
eligible for such financial assistance, an applicant shall satisfy	2994
the criteria for being a legal aid society and shall be in	2995
compliance with the provisions of sections 120.51 to 120.55 of the	2996
Revised Code and with the rules and requirements the foundation	2997
establishes pursuant to section 120.52 of the Revised Code. The	2998
Ohio legal assistance foundation then, on or before the fifteenth	2999
day of December of the calendar year in which the application is	3000
filed, shall notify each such applicant, in writing, whether it is	3001
eligible for financial assistance under this section, and if it is	3002
eligible, estimate the amount that will be available for that	3003
applicant for each six-month distribution period, as determined	3004
under division (D) of this section.	3005

(D) The Ohio legal assistance foundation shall allocate	3006
moneys contained in the legal aid fund monthly for distribution to	3007
applicants that filed their applications in the previous calendar	3008
year and are determined to be eligible applicants.	3009

All moneys contained in the fund on the first day of each	3010
month shall be allocated, after deduction of the costs of	3011
administering sections 120.51 to 120.55 and sections 1901.26,	3012
1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the	3013
Revised Code that are authorized by section 120.52 of the Revised	3014
Code, according to this section and shall be distributed	3015
accordingly not later than the last day of the month following the	3016
month the moneys were received. In making the allocations under	3017
this section, the moneys in the fund that were generated pursuant	3018
to sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231,	3019
4705.09, and 4705.10 of the Revised Code shall be apportioned as	3020
follows:	3021

(1) After deduction of the amount authorized and used for	3022
actual, reasonable administrative costs under section 120.52 of	3023
the Revised Code:	3024

(a) Five per cent of the moneys remaining in the fund shall	3025
be reserved for use in the manner described in division (A) of	3026
section 120.521 of the Revised Code or for distribution to legal	3027
aid societies that provide assistance to special population groups	3028
of their eligible clients, engage in special projects that have a	3029
substantial impact on their local service area or on significant	3030
segments of the state's poverty population, or provide legal	3031
training or support to other legal aid societies in the state;	3032

(b) After deduction of the amount described in division	3033
(D)(1)(a) of this section, one and three-quarters per cent of the	3034
moneys remaining in the fund shall be apportioned among entities	3035
that received financial assistance from the legal aid fund prior	3036
to ~~the effective date of this amendment~~July 1, 1993, but that, on	3037
and after ~~the effective date of this amendment~~July 1, 1993, no	3038
longer qualify as a legal aid society that is eligible for	3039
financial assistance under this section.	3040

(c) After deduction of the amounts described in divisions	3041
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys	3042
remaining in the fund shall be placed in the legal assistance	3043
foundation fund for use in the manner described in division (A) of	3044
section 120.521 of the Revised Code.	3045

(2) After deduction of the actual, reasonable administrative	3046
costs under section 120.52 of the Revised Code and after deduction	3047
of the amounts identified in divisions (D)(1)(a), (b), and (c) of	3048
this section, the remaining moneys shall be apportioned among the	3049
counties that are served by eligible legal aid societies that have	3050
applied for financial assistance under this section so that each	3051
such county is apportioned a portion of those moneys, based upon	3052
the ratio of the number of indigents who reside in that county to	3053
the total number of indigents who reside in all counties of this	3054
state that are served by eligible legal aid societies that have	3055
applied for financial assistance under this section. Subject to	3056
division (E) of this section, the moneys apportioned to a county	3057
under this division then shall be allocated to the eligible legal	3058
aid society that serves the county and that has applied for	3059
financial assistance under this section. For purposes of this	3060
division, the source of data identifying the number of indigent	3061
persons who reside in a county shall be the most recent decennial	3062
census figures from the United States department of commerce,	3063
division of census.	3064

(E) If the Ohio legal assistance foundation, in attempting to	3065
make an allocation of moneys under division (D)(2) of this	3066
section, determines that a county that has been apportioned money	3067
under that division is served by more than one eligible legal aid	3068
society that has applied for financial assistance under this	3069
section, the Ohio legal assistance foundation shall allocate the	3070
moneys that have been apportioned to that county under division	3071
(D)(2) of this section among all eligible legal aid societies that	3072
serve that county and that have applied for financial assistance	3073
under this section on a pro rata basis, so that each such eligible	3074
society is allocated a portion based upon the amount of its total	3075
budget expended in the prior calendar year for legal services in	3076
that county as compared to the total amount expended in the prior	3077
calendar year for legal services in that county by all eligible	3078
legal aid societies that serve that county and that have applied	3079
for financial assistance under this section.	3080

(F) Moneys allocated to eligible applicants under this	3081
section shall be paid monthly beginning the calendar year	3082
following the calendar year in which the application is filed.	3083

(G)(1) A legal aid society that receives financial assistance	3084
in any calendar year under this section shall file an annual	3085
report with the Ohio legal assistance foundation detailing the	3086
number and types of cases handled, and the amount and types of	3087
legal training, legal technical assistance, and other service	3088
provided, by means of that financial assistance. No information	3089
contained in the report shall identify or enable the	3090
identification of any person served by the legal aid society or in	3091
any way breach client confidentiality.	3092

(2) The Ohio legal assistance foundation shall make an annual	3093
report to the governor, the general assembly, and the supreme	3094
court on the distribution and use of the legal aid fund. The	3095
foundation also shall include in the annual report an audited	3096
financial statement of all gifts, bequests, donations,	3097
contributions, and other moneys the foundation receives. No	3098
information contained in the report shall identify or enable the	3099
identification of any person served by a legal aid society, or in	3100
any way breach confidentiality.	3101

(H) A legal aid society may enter into agreements for the	3102
provision of services, programs, training, or legal technical	3103
assistance for the legal aid society or to indigent persons.	3104

Sec. 121.04. Offices are created within the several	3105
departments as follows:	3106

In the department of commerce:

3107

		Commissioner of securities;		3108
		Superintendent of real estate and professional licensing;		3109
		Superintendent of financial institutions;		3110
		State fire marshal;		3111
		Superintendent of labor ~~and worker safety~~;		3112
		Superintendent of liquor control;		3113
		~~Superintendent of industrial compliance;~~		3114
		Superintendent of unclaimed funds.		3115

In the department of administrative services:

3116

		State architect and engineer;		3117
		Equal employment opportunity coordinator.		3118

In the department of agriculture:

3119

Chiefs of divisions as follows:

3120

		Administration;		3121
		Animal industry;		3122
		Dairy;		3123
		Food safety;		3124
		Plant industry;		3125
		Markets;		3126
		Meat inspection;		3127
		Consumer analytical laboratory;		3128
		Amusement ride safety;		3129
		Enforcement;		3130
		Weights and measures.		3131

In the department of natural resources:

3132

Chiefs of divisions as follows:

3133

		~~Water;~~		3134
		Mineral resources management;		3135
		Forestry;		3136
		Natural areas and preserves;		3137
		Wildlife;		3138
		Geological survey;		3139
		Parks and recreation;		3140
		Watercraft;		3141
		Recycling and litter prevention;		3142
		Soil and water ~~conservation~~ resources;		3143
		~~Real estate and land management;~~		3144
		Engineering.		3145

In the department of insurance:

3146

		Deputy superintendent of insurance;		3147
		Assistant superintendent of insurance, technical;		3148
		Assistant superintendent of insurance, administrative;		3149
		Assistant superintendent of insurance, research.		3150

Sec. 121.07. (A) ~~Except as otherwise provided in this~~	3151
~~division, the~~The officers mentioned in sections 121.04 and 121.05	3152
of the Revised Code and the offices and divisions they administer	3153
shall be under the direction, supervision, and control of the	3154
directors of their respective departments, and shall perform such	3155
duties as the directors prescribe. ~~In performing or exercising any~~	3156
~~of the examination or regulatory functions, powers, or duties~~	3157
~~vested by Title XI, Chapters 1733. and 1761., and sections 1315.01~~	3158
~~to 1315.18 of the Revised Code in the superintendent of financial~~	3159
~~institutions, the superintendent of financial institutions and the~~	3160
~~division of financial institutions are independent of and are not~~	3161
~~subject to the control of the department or the director of~~	3162
~~commerce.~~	3163

(B) With the approval of the governor, the director of each	3164
department shall establish divisions within the department, and	3165
distribute the work of the department among such divisions. Each	3166
officer created by section 121.04 of the Revised Code shall be the	3167
head of such a division.	3168

With the approval of the governor, the director of each	3169
department may consolidate any two or more of the offices created	3170
in the department by section 121.04 of the Revised Code, or reduce	3171
the number of or create new divisions therein.	3172

The director of each department may prescribe rules for the	3173
government of the department, the conduct of its employees, the	3174
performance of its business, and the custody, use, and	3175
preservation of the records, papers, books, documents, and	3176
property pertaining thereto.	3177

Sec. 121.08. (A) There is hereby created in the department	3178
of commerce the position of deputy director of administration.	3179
This officer shall be appointed by the director of commerce, serve	3180
under the director's direction, supervision, and control, perform	3181
the duties the director prescribes, and hold office during the	3182
director's pleasure. The director of commerce may designate an	3183
assistant director of commerce to serve as the deputy director of	3184
administration. The deputy director of administration shall	3185
perform the duties prescribed by the director of commerce in	3186
supervising the activities of the division of administration of	3187
the department of commerce.	3188

(B) Except as provided in section 121.07 of the Revised Code,	3189
the department of commerce shall have all powers and perform all	3190
duties vested in the deputy director of administration, the state	3191
fire marshal, the superintendent of financial institutions, the	3192
superintendent of real estate and professional licensing, the	3193
superintendent of liquor control, ~~the superintendent of~~	3194
~~industrial compliance,~~ the superintendent of labor ~~and worker~~	3195
~~safety~~, the superintendent of unclaimed funds, and the	3196
commissioner of securities, and shall have all powers and perform	3197
all duties vested by law in all officers, deputies, and employees	3198
of those offices. Except as provided in section 121.07 of the	3199
Revised Code, wherever powers are conferred or duties imposed upon	3200
any of those officers, the powers and duties shall be construed as	3201
vested in the department of commerce.	3202

(C)(1) There is hereby created in the department of commerce	3203
a division of financial institutions, which shall have all powers	3204
and perform all duties vested by law in the superintendent of	3205
financial institutions. Wherever powers are conferred or duties	3206
imposed upon the superintendent of financial institutions, those	3207
powers and duties shall be construed as vested in the division of	3208
financial institutions. The division of financial institutions	3209
shall be administered by the superintendent of financial	3210
institutions.	3211

(2) All provisions of law governing the superintendent of	3212
financial institutions shall apply to and govern the	3213
superintendent of financial institutions provided for in this	3214
section; all authority vested by law in the superintendent of	3215
financial institutions with respect to the management of the	3216
division of financial institutions shall be construed as vested in	3217
the superintendent of financial institutions created by this	3218
section with respect to the division of financial institutions	3219
provided for in this section; and all rights, privileges, and	3220
emoluments conferred by law upon the superintendent of financial	3221
institutions shall be construed as conferred upon the	3222
superintendent of financial institutions as head of the division	3223
of financial institutions. The director of commerce shall not	3224
transfer from the division of financial institutions any of the	3225
functions specified in division (C)(2) of this section.	3226

(D) There is hereby created in the department of commerce a	3227
division of liquor control, which shall have all powers and	3228
perform all duties vested by law in the superintendent of liquor	3229
control. Wherever powers are conferred or duties are imposed upon	3230
the superintendent of liquor control, those powers and duties	3231
shall be construed as vested in the division of liquor control.	3232
The division of liquor control shall be administered by the	3233
superintendent of liquor control.	3234

(E) The director of commerce shall not be interested,	3235
directly or indirectly, in any firm or corporation which is a	3236
dealer in securities as defined in sections 1707.01 and 1707.14 of	3237
the Revised Code, or in any firm or corporation licensed under	3238
sections 1321.01 to 1321.19 of the Revised Code.	3239

(F) The director of commerce shall not have any official	3240
connection with a savings and loan association, a savings bank, a	3241
bank, a bank holding company, a savings and loan association	3242
holding company, a consumer finance company, or a credit union	3243
that is under the supervision of the division of financial	3244
institutions, or a subsidiary of any of the preceding entities, or	3245
be interested in the business thereof.	3246

(G) There is hereby created in the state treasury the	3247
division of administration fund. The fund shall receive	3248
assessments on the operating funds of the department of commerce	3249
in accordance with procedures prescribed by the director of	3250
commerce and approved by the director of budget and management.	3251
All operating expenses of the division of administration shall be	3252
paid from the division of administration fund.	3253

(H) There is hereby created in the department of commerce a	3254
division of real estate and professional licensing, which shall be	3255
under the control and supervision of the director of commerce. The	3256
division of real estate and professional licensing shall be	3257
administered by the superintendent of real estate and professional	3258
licensing. The superintendent of real estate and professional	3259
licensing shall exercise the powers and perform the functions and	3260
duties delegated to the superintendent under Chapters 4735.,	3261
4763., and 4767. of the Revised Code.	3262

(I) There is hereby created in the department of commerce a	3263
division of labor ~~and worker safety~~, which shall have all powers	3264
and perform all duties vested by law in the superintendent of	3265
labor ~~and worker safety~~. Wherever powers are conferred or duties	3266
imposed upon the superintendent of labor ~~and worker safety~~, those	3267
powers and duties shall be construed as vested in the division of	3268
labor ~~and worker safety~~. The division of labor ~~and worker safety~~	3269
shall be under the control and supervision of the director of	3270
commerce and be administered by the superintendent of labor ~~and~~	3271
~~worker safety~~. ~~The superintendent of labor and worker safety shall~~	3272
~~exercise the powers and perform the duties delegated to the~~	3273
~~superintendent by the director under Chapters 4109., 4111., and~~	3274
~~4115. of the Revised Code.~~	3275

(J) There is hereby created in the department of commerce a	3276
division of unclaimed funds, which shall have all powers and	3277
perform all duties delegated to or vested by law in the	3278
superintendent of unclaimed funds. Wherever powers are conferred	3279
or duties imposed upon the superintendent of unclaimed funds,	3280
those powers and duties shall be construed as vested in the	3281
division of unclaimed funds. The division of unclaimed funds shall	3282
be under the control and supervision of the director of commerce	3283
and shall be administered by the superintendent of unclaimed	3284
funds. The superintendent of unclaimed funds shall exercise the	3285
powers and perform the functions and duties delegated to the	3286
superintendent by the director of commerce under section 121.07	3287
and Chapter 169. of the Revised Code, and as may otherwise be	3288
provided by law.	3289

(K) The department of commerce or a division of the	3290
department created by the Revised Code that is acting with	3291
authorization on the department's behalf may request from the	3292
bureau of criminal identification and investigation pursuant to	3293
section 109.572 of the Revised Code, or coordinate with	3294
appropriate federal, state, and local government agencies to	3295
accomplish, criminal records checks for the persons whose	3296
identities are required to be disclosed by an applicant for the	3297
issuance or transfer of a permit, license, certificate of	3298
registration, or certification issued or transferred by the	3299
department or division. At or before the time of making a request	3300
for a criminal records check, the department or division may	3301
require any person whose identity is required to be disclosed by	3302
an applicant for the issuance or transfer of such a license,	3303
permit, certificate of registration, or certification to submit to	3304
the department or division valid fingerprint impressions in a	3305
format and by any media or means acceptable to the bureau of	3306
criminal identification and investigation and, when applicable,	3307
the federal bureau of investigation. The department or division	3308
may cause the bureau of criminal identification and investigation	3309
to conduct a criminal records check through the federal bureau of	3310
investigation only if the person for whom the criminal records	3311
check would be conducted resides or works outside of this state or	3312
has resided or worked outside of this state during the preceding	3313
five years, or if a criminal records check conducted by the bureau	3314
of criminal identification and investigation within this state	3315
indicates that the person may have a criminal record outside of	3316
this state.	3317

In the case of a criminal records check under section 109.572	3318
of the Revised Code, the department or division shall forward to	3319
the bureau of criminal identification and investigation the	3320
requisite form, fingerprint impressions, and fee described in	3321
division (C) of that section. When requested by the department or	3322
division in accordance with this section, the bureau of criminal	3323
identification and investigation shall request from the federal	3324
bureau of investigation any information it has with respect to the	3325
person who is the subject of the requested criminal records check	3326
and shall forward the requisite fingerprint impressions and	3327
information to the federal bureau of investigation for that	3328
criminal records check. After conducting a criminal records check	3329
or receiving the results of a criminal records check from the	3330
federal bureau of investigation, the bureau of criminal	3331
identification and investigation shall provide the results to the	3332
department or division.	3333

The department or division may require any person about whom	3334
a criminal records check is requested to pay to the department or	3335
division the amount necessary to cover the fee charged to the	3336
department or division by the bureau of criminal identification	3337
and investigation under division (C)(3) of section 109.572 of the	3338
Revised Code, including, when applicable, any fee for a criminal	3339
records check conducted by the federal bureau of investigation.	3340

Sec. 121.083. The superintendent of ~~the division of~~	3341
~~industrial compliance~~labor in the department of commerce shall do	3342
all of the following:	3343

(A) Administer and enforce the general laws of this state	3344
pertaining to buildings, pressure piping, boilers, bedding,	3345
upholstered furniture, and stuffed toys, steam engineering,	3346
elevators, plumbing, and licensed occupations regulated by the	3347
department, ~~and travel agents,~~ as they apply to plans review,	3348
inspection, code enforcement, testing, licensing, registration,	3349
and certification.	3350

(B) Exercise the powers and perform the duties delegated to	3351
the superintendent by the director of commerce under Chapters	3352
4109., 4111., and 4115. of the Revised Code.	3353

3354

~~(C)~~(D) Examine and license persons who desire to act as steam	3355
engineers, to operate steam boilers, and to act as inspectors of	3356
steam boilers, provide for the scope, conduct, and time of such	3357
examinations, provide for, regulate, and enforce the renewal and	3358
revocation of such licenses, inspect and examine steam boilers and	3359
make, publish, and enforce rules and orders for the construction,	3360
installation, inspection, and operation of steam boilers, and do,	3361
require, and enforce all things necessary to make such	3362
examination, inspection, and requirement efficient.	3363

~~(D)~~(E) Rent and furnish offices as needed in cities in this	3364
state for the conduct of its affairs.	3365

~~(E)~~(F) Oversee a chief of construction and compliance, a	3366
chief of operations and maintenance, a chief of licensing and	3367
certification, a chief of worker protection, and other designees	3368
appointed by the director ~~of commerce~~ to perform the duties	3369
described in this section.	3370

~~(F)~~(G) Enforce the rules the board of building standards	3371
adopts pursuant to division (A)(2) of section 4104.43 of the	3372
Revised Code under the circumstances described in division (D) of	3373
that section.	3374

~~(G)~~(H) Accept submissions, establish a fee for submissions,	3375
and review submissions of certified welding and brazing procedure	3376
specifications, procedure qualification records, and performance	3377
qualification records for building services piping as required by	3378
section 4104.44 of the Revised Code.	3379

Sec. 121.084. (A) All moneys collected under sections	3380
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,	3381
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other	3382
moneys collected by the division of ~~industrial compliance~~labor	3383
shall be paid into the state treasury to the credit of the	3384
~~industrial compliance~~labor operating fund, which is hereby	3385
created. The department of commerce shall use the moneys in the	3386
fund for paying the operating expenses of the division and the	3387
administrative assessment described in division (B) of this	3388
section.	3389

(B) The director of commerce, with the approval of the	3390
director of budget and management, shall prescribe procedures for	3391
assessing the ~~industrial compliance~~labor operating fund a	3392
proportionate share of the administrative costs of the department	3393
of commerce. The assessment shall be made in accordance with those	3394
procedures and be paid from the ~~industrial compliance~~labor	3395
operating fund to the division of administration fund created in	3396
section 121.08 of the Revised Code.	3397

Sec. 121.13. (A) The director of each department may, with	3398
the approval of the governor, establish and appoint advisory	3399
boards to aid in the conduct of the work of ~~his~~the director's	3400
department or any division thereof. Such advisory boards shall	3401
exercise no administrative function, and their members shall	3402
receive no compensation, but may receive their actual and	3403
necessary expenses.	3404

(B) The director of each department may, with the approval of	3405
the governor, recruit and retain individuals employed by public	3406
entities or by private profit-making or nonprofit-making entities	3407
to function as "loaned executives," to support state functions	3408
and to assist the department in the conduct of its work. A loaned	3409
executive shall not participate, during the loaned executive's	3410
service with the state, in any decision, approval, disapproval,	3411
recommendation, rendering of advice, investigation, or other	3412
substantial exercise of administrative discretion that is	3413
directly related to the pecuniary interest of the loaned	3414
executive's regular employer.	3415

A loaned executive is not entitled to, and shall not receive,	3416
compensation from the state, but may receive compensation and	3417
actual and necessary expenses from the loaned executive's regular	3418
employer. The receipt of this compensation or expenses is not	3419
prohibited by division (A) of section 2921.43 of the Revised Code.	3420
However, a loaned executive is deemed to be a public official or	3421
employee for purposes of Chapter 102. of the Revised Code.	3422

Sec. 121.16. (A) The director of each department may form,	3423
with the governor's approval and utilizing department resources,	3424
one or more nonprofit corporations incorporated under Chapter	3425
1702. of the Revised Code, to solicit financial contributions or	3426
in-kind contributions of goods to support the fulfillment of the	3427
duties and responsibilities of the department.	3428

(B) The articles of incorporation or bylaws of any nonprofit	3429
corporation formed under division (A) of this section shall state	3430
that the corporation's sole purpose is to act in the interest of	3431
the department, include guidelines for the public disclosure of	3432
the employees, vendors, and contracts of the corporation and for	3433
the reporting and disclosure of donors and donation amounts. The	3434
articles of incorporation or bylaws shall also include	3435
requirements for regular financial statements from the corporation	3436
to the department's director regarding the corporation's budget,	3437
expenditures, and processes, a regular schedule of audits, and any	3438
other conditions or protections to the public considered necessary	3439
by the Ohio ethics commission.	3440

(C) The department of administrative services shall develop	3441
model articles of incorporation and bylaws for corporations formed	3442
under division (A) of this section. Such a corporation may utilize	3443
the model articles of incorporation and bylaws or may adopt	3444
articles of incorporation and bylaws that comply with division (B)	3445
of this section and all other relevant Revised Code provisions.	3446
The department of administrative services shall update the model	3447
articles of incorporation and bylaws to reflect any relevant	3448
changes in the Revised Code and any new guidance from the Ohio	3449
ethics commission.	3450

(D) A department director that forms a nonprofit corporation	3451
under division (A) of this section may permit department employees	3452
to serve as directors of the corporation. Any such employee shall	3453
represent the department and the department's interests in all	3454
actions as a director of the corporation and shall file an annual	3455
disclosure statement under section 102.02 of the Revised Code.	3456

(E) An employee of a department serving as a director of a	3457
nonprofit corporation formed under division (A) of this section	3458
may solicit financial contributions or in-kind contributions of	3459
goods for the corporation to support the fulfillment of the duties	3460
and responsibilities of the department. The employee shall not	3461
personally benefit from solicitations for the corporation and	3462
shall not receive any personal benefit from the corporation. All	3463
such solicitations are subject to Chapter 102. and sections	3464
2921.42 and 2921.43 and other relevant provisions of the Revised	3465
Code.	3466

(F) Before soliciting or accepting any contributions to a	3467
nonprofit corporation formed under division (A) of this section,	3468
an agent of the corporation shall inform the prospective	3469
contributor of the following:	3470

(1) That all contributions or donations are voluntary and	3471
shall not be made with or in return for any state contracts,	3472
grants, or other financial benefits;	3473

(2) That a contributor shall not make a contribution and the	3474
corporation shall not solicit or accept a contribution while a	3475
specific matter involving the contributor is pending before the	3476
department or a matter involving the contributor is reasonably	3477
foreseeable to come before the department soon after making the	3478
solicitation or contribution;	3479

(3) That a contributor shall not be given any ability, in a	3480
manner not afforded to other contributors or the general public,	3481
to lobby or promote the contributor's activities with public	3482
officials and employees of any department that benefits from the	3483
contribution;	3484

(4) That public officials and employees shall not be	3485
influenced in the objective performance of the official's or	3486
employee's public duties regarding a contributor by the	3487
contributor's decision to contribute or not to contribute;	3488

(5) That any contribution made in violation of divisions	3489
(F)(1) to (4) of this section shall be returned to the	3490
contributor.	3491

(G) Contributions may be made to a nonprofit corporation	3492
formed under division (A) of this section to support specific	3493
projects or initiatives of the department, but the corporation	3494
shall reject any proposed contribution that carries conditions or	3495
requirements that the director of the department determines to be	3496
contrary to the interests of the department or the state.	3497

(H) A nonprofit corporation formed under division (A) of this	3498
section may make expenditures with the approval of the director of	3499
the department, to support the operations of the corporation. The	3500
corporation shall only make expenditures that, in the director's	3501
judgment, benefit the department. The expenditures or transfers of	3502
contributed goods may be made directly by the corporation or may	3503
be transferred to the department. All corporation expenditures and	3504
all funds transferred to the department under this division shall	3505
comply with the laws of the state. The director of budget and	3506
management may establish any accounts and take any other steps	3507
necessary for a department to receive contributions from the	3508
corporation.	3509

(I) All activity of a nonprofit corporation formed under	3510
division (A) of this section shall be subject to sections 121.22	3511
and 149.43 of the Revised Code and shall be subject to audits as	3512
if it were a public office described in Chapter 117. of the	3513
Revised Code. Directors, employees, and other agents of the	3514
corporation shall be considered public officials or employees	3515
subject to the requirements of Chapter 102. and sections 2921.42	3516
and 2921.43 of the Revised Code.	3517

Sec. 121.31. There is hereby created the commission on	3518
Hispanic-Latino affairs consisting of eleven voting members	3519
appointed by the governor with the advice and consent of the	3520
senate and two ex officio, nonvoting members who are members of	3521
the general assembly. The speaker of the house of representatives	3522
shall recommend to the governor two persons for appointment to the	3523
commission, the president of the senate shall recommend to the	3524
governor two such persons, and the minority leaders of the house	3525
and senate shall each recommend to the governor one such person.	3526
The governor shall make initial appointments to the commission. Of	3527
the initial appointments made to the commission, three shall be	3528
for a term ending October 7, 1978, four shall be for a term ending	3529
October 7, 1979, and four shall be for a term ending October 7,	3530
1980. One ex officio member of the commission shall be a member	3531
of the house of representatives appointed by the speaker of the	3532
house of representatives and one ex officio member of the	3533
commission shall be a member of the senate appointed by the	3534
president of the senate. ~~When making their initial appointments,~~	3535
~~the speaker shall appoint a member of the house of representatives~~	3536
~~who is affiliated with the minority political party in the house~~	3537
~~of representatives and the president shall appoint a member of the~~	3538
~~senate who is affiliated with the majority political party in the~~	3539
~~senate; in making subsequent appointments the speaker and the~~	3540
~~president each shall alternate the political party affiliation of~~	3541
~~the members they appoint to the commission. The speaker and~~	3542
~~president shall make their initial appointments so that the~~	3543
~~initial ex officio members begin their terms October 7, 2008~~The	3544
speaker shall appoint a member of the house of representatives	3545
from among the representatives who are affiliated with the	3546
political party having a majority in the house of representatives,	3547
and the president shall appoint a member of the senate from among	3548
the senators who are affiliated with a different political party	3549
than the representative appointed by the speaker.	3550

After the initial appointments by the governor, terms of	3551
office shall be for three years, except that members of the	3552
general assembly appointed to the commission shall be members of	3553
the commission only so long as they are members of the general	3554
assembly. Each term shall end on the same day of the same month	3555
of the year as did the term which it succeeds. Each member shall	3556
hold office from the date of appointment until the end of the	3557
term for which the member was appointed. Vacancies shall be	3558
filled in the same manner as the original appointment. Any member	3559
appointed to fill a vacancy occurring prior to the expiration of	3560
the term for which the member's predecessor was appointed shall	3561
hold office for the remainder of such term. Any member shall	3562
continue in office subsequent to the expiration date of the	3563
member's term until the member's successor takes office, or until	3564
a period of sixty days has elapsed, whichever occurs first. At the	3565
first organizational meeting of the commission, the original	3566
eleven members shall draw lots to determine the length of the term	3567
each member shall serve.	3568

All voting members of the commission shall speak Spanish,	3569
shall be of Spanish-speaking origin, and shall be American	3570
citizens or lawful, permanent, resident aliens. Voting members	3571
shall be from urban, suburban, and rural geographical areas	3572
representative of Spanish-speaking people with a numerical and	3573
geographical balance of the Spanish-speaking population	3574
throughout the state.	3575

The commission shall meet not less than six times per	3576
calendar year. The commission shall elect a chairperson,	3577
vice-chairperson, and other officers from its voting members as it	3578
considers advisable. Six voting members constitute a quorum. The	3579
commission shall adopt rules governing its procedures. No action	3580
of the commission is valid without the concurrence of six members.	3581

Each voting member shall be compensated for work as a member	3582
for each day that the member is actually engaged in the	3583
performance of work as a member. No voting member shall be	3584
compensated for more than one day each month. In addition, each	3585
voting member shall be reimbursed for all actual and necessary	3586
expenses incurred in the performance of official business.	3587

Sec. 121.37. (A)(1) There is hereby created the Ohio family	3588
and children first cabinet council. The council shall be composed	3589
of the superintendent of public instruction and the directors of	3590
youth services, job and family services, mental health, health,	3591
alcohol and drug addiction services, mental retardation and	3592
developmental disabilities, aging, rehabilitation and correction,	3593
and budget and management. The chairperson of the council shall be	3594
the governor or the governor's designee and shall establish	3595
procedures for the council's internal control and management.	3596

The purpose of the cabinet council is to help families	3597
seeking government services. This section shall not be interpreted	3598
or applied to usurp the role of parents, but solely to streamline	3599
and coordinate existing government services for families seeking	3600
assistance for their children.	3601

(2) In seeking to fulfill its purpose, the council may do any	3602
of the following:	3603

(a) Advise and make recommendations to the governor and	3604
general assembly regarding the provision of services to children;	3605

(b) Advise and assess local governments on the coordination	3606
of service delivery to children;	3607

(c) Hold meetings at such times and places as may be	3608
prescribed by the council's procedures and maintain records of the	3609
meetings, except that records identifying individual children are	3610
confidential and shall be disclosed only as provided by law;	3611

(d) Develop programs and projects, including pilot projects,	3612
to encourage coordinated efforts at the state and local level to	3613
improve the state's social service delivery system;	3614

(e) Enter into contracts with and administer grants to county	3615
family and children first councils, as well as other county or	3616
multicounty organizations to plan and coordinate service delivery	3617
between state agencies and local service providers for families	3618
and children;	3619

(f) Enter into contracts with and apply for grants from	3620
federal agencies or private organizations;	3621

(g) Enter into interagency agreements to encourage	3622
coordinated efforts at the state and local level to improve the	3623
state's social service delivery system. The agreements may include	3624
provisions regarding the receipt, transfer, and expenditure of	3625
funds;	3626

(h) Identify public and private funding sources for services	3627
provided to alleged or adjudicated unruly children and children	3628
who are at risk of being alleged or adjudicated unruly children,	3629
including regulations governing access to and use of the services;	3630

(i) Collect information provided by local communities	3631
regarding successful programs for prevention, intervention, and	3632
treatment of unruly behavior, including evaluations of the	3633
programs;	3634

(j) Identify and disseminate publications regarding alleged	3635
or adjudicated unruly children and children who are at risk of	3636
being alleged or adjudicated unruly children and regarding	3637
programs serving those types of children;	3638

(k) Maintain an inventory of strategic planning facilitators	3639
for use by government or nonprofit entities that serve alleged or	3640
adjudicated unruly children or children who are at risk of being	3641
alleged or adjudicated unruly children.	3642

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

3643

(a) Reviews of service and treatment plans for children for	3644
which such reviews are requested;	3645

(b) Assistance as the council determines to be necessary to	3646
meet the needs of children referred by county family and children	3647
first councils;	3648

(c) Monitoring and supervision of a statewide, comprehensive,	3649
coordinated, multi-disciplinary, interagency system for infants	3650
and toddlers with developmental disabilities or delays and their	3651
families, as established pursuant to federal grants received and	3652
administered by the department of health for early intervention	3653
services under the "Individuals with Disabilities Education Act of	3654
2004," 20 U.S.C.A. 1400, as amended.	3655

(4) The cabinet council shall develop and implement the	3656
following:	3657

(a) An interagency process to select the indicators that will	3658
be used to measure progress toward increasing child well-being in	3659
the state and to update the indicators on an annual basis. The	3660
indicators shall focus on expectant parents and newborns thriving;	3661
infants and toddlers thriving; children being ready for school;	3662
children and youth succeeding in school; youth choosing healthy	3663
behaviors; and youth successfully transitioning into adulthood.	3664

(b) An interagency system to offer guidance and monitor	3665
progress toward increasing child well-being in the state and in	3666
each county;	3667

(c) An annual plan that identifies state-level agency efforts	3668
taken to ensure progress towards increasing child well-being in	3669
the state.	3670

On an annual basis, the cabinet council shall submit to the	3671
governor and the general assembly a report on the status of	3672
efforts to increase child well-being in the state. This report	3673
shall be made available to any other person on request.	3674

(B)(1) Each board of county commissioners shall establish a	3675
county family and children first council. The board may invite any	3676
local public or private agency or group that funds, advocates, or	3677
provides services to children and families to have a	3678
representative become a permanent or temporary member of its	3679
county council. Each county council must include the following	3680
individuals:	3681

(a) At least three individuals who are not employed by an	3682
agency represented on the council and whose families are or have	3683
received services from an agency represented on the council or	3684
another county's council. Where possible, the number of members	3685
representing families shall be equal to twenty per cent of the	3686
council's membership.	3687

(b) The director of the board of alcohol, drug addiction, and	3688
mental health services that serves the county, or, in the case of	3689
a county that has a board of alcohol and drug addiction services	3690
and a community mental health board, the directors of both boards.	3691
If a board of alcohol, drug addiction, and mental health services	3692
covers more than one county, the director may designate a person	3693
to participate on the county's council.	3694

(c) The health commissioner, or the commissioner's designee,	3695
of the board of health of each city and general health district in	3696
the county. If the county has two or more health districts, the	3697
health commissioner membership may be limited to the commissioners	3698
of the two districts with the largest populations.	3699

(d) The director of the county department of job and family	3700
services;	3701

(e) The executive director of the public children services	3702
agency;	3703

(f) The superintendent of the county board of mental	3704
retardation and developmental disabilities;	3705

(g) The superintendent of the city, exempted village, or	3706
local school district with the largest number of pupils residing	3707
in the county, as determined by the department of education, which	3708
shall notify each board of county commissioners of its	3709
determination at least biennially;	3710

(h) A school superintendent representing all other school	3711
districts with territory in the county, as designated at a	3712
biennial meeting of the superintendents of those districts;	3713

(i) A representative of the municipal corporation with the	3714
largest population in the county;	3715

(j) The president of the board of county commissioners or an	3716
individual designated by the board;	3717

(k) A representative of the regional office of the department	3718
of youth services;	3719

(l) A representative of the county's head start agencies, as	3720
defined in section 3301.32 of the Revised Code;	3721

(m) A representative of the county's early intervention	3722
collaborative established pursuant to the federal early	3723
intervention program operated under the "Individuals with	3724
Disabilities Education Act of 2004";	3725

(n) A representative of a local nonprofit entity that funds,	3726
advocates, or provides services to children and families.	3727

Notwithstanding any other provision of law, the public	3728
members of a county council are not prohibited from serving on the	3729
council and making decisions regarding the duties of the council,	3730
including those involving the funding of joint projects and those	3731
outlined in the county's service coordination mechanism	3732
implemented pursuant to division (C) of this section.	3733

The cabinet council shall establish a state appeals process	3734
to resolve disputes among the members of a county council	3735
concerning whether reasonable responsibilities as members are	3736
being shared. The appeals process may be accessed only by a	3737
majority vote of the council members who are required to serve on	3738
the council. Upon appeal, the cabinet council may order that state	3739
funds for services to children and families be redirected to a	3740
county's board of county commissioners.	3741

The county's juvenile court judge senior in service or	3742
another judge of the juvenile court designated by the	3743
administrative judge or, where there is no administrative judge,	3744
by the judge senior in service shall serve as the judicial advisor	3745
to the county family and children first council. The judge may	3746
advise the county council on the court's utilization of resources,	3747
services, or programs provided by the entities represented by the	3748
members of the county council and how those resources, services,	3749
or programs assist the court in its administration of justice.	3750
Service of a judge as a judicial advisor pursuant to this section	3751
is a judicial function.	3752

(2) The purpose of the county council is to streamline and	3753
coordinate existing government services for families seeking	3754
services for their children. In seeking to fulfill its purpose, a	3755
county council shall provide for the following:	3756

(a) Referrals to the cabinet council of those children for	3757
whom the county council cannot provide adequate services;	3758

(b) Development and implementation of a process that annually	3759
evaluates and prioritizes services, fills service gaps where	3760
possible, and invents new approaches to achieve better results for	3761
families and children;	3762

(c) Participation in the development of a countywide,	3763
comprehensive, coordinated, multi-disciplinary, interagency system	3764
for infants and toddlers with developmental disabilities or delays	3765
and their families, as established pursuant to federal grants	3766
received and administered by the department of health for early	3767
intervention services under the "Individuals with Disabilities	3768
Education Act of 2004";	3769

(d) Maintenance of an accountability system to monitor the	3770
county council's progress in achieving results for families and	3771
children;	3772

(e) Establishment of a mechanism to ensure ongoing input from	3773
a broad representation of families who are receiving services	3774
within the county system.	3775

(3) A county council shall develop and implement the	3776
following:	3777

(a) An interagency process to establish local indicators and	3778
monitor the county's progress toward increasing child well-being	3779
in the county;	3780

(b) An interagency process to identify local priorities to	3781
increase child well-being. The local priorities shall focus on	3782
expectant parents and newborns thriving; infants and toddlers	3783
thriving; children being ready for school; children and youth	3784
succeeding in school; youth choosing healthy behaviors; and youth	3785
successfully transitioning into adulthood and take into account	3786
the indicators established by the cabinet council under division	3787
(A)(4)(a) of this section.	3788

(c) An annual plan that identifies the county's interagency	3789
efforts to increase child well-being in the county.	3790

On an annual basis, the county council shall submit a report	3791
on the status of efforts by the county to increase child	3792
well-being in the county to the county's board of county	3793
commissioners and the cabinet council. This report shall be made	3794
available to any other person on request.	3795

(4)(a) Except as provided in division (B)(4)(b) of this	3796
section, a county council shall comply with the policies,	3797
procedures, and activities prescribed by the rules or interagency	3798
agreements of a state department participating on the cabinet	3799
council whenever the county council performs a function subject to	3800
those rules or agreements.	3801

(b) On application of a county council, the cabinet council	3802
may grant an exemption from any rules or interagency agreements of	3803
a state department participating on the council if an exemption is	3804
necessary for the council to implement an alternative program or	3805
approach for service delivery to families and children. The	3806
application shall describe the proposed program or approach and	3807
specify the rules or interagency agreements from which an	3808
exemption is necessary. The cabinet council shall approve or	3809
disapprove the application in accordance with standards and	3810
procedures it shall adopt. If an application is approved, the	3811
exemption is effective only while the program or approach is being	3812
implemented, including a reasonable period during which the	3813
program or approach is being evaluated for effectiveness.	3814

(5)(a) Each county council shall designate an administrative	3815
agent for the council from among the following public entities:	3816
the board of alcohol, drug addiction, and mental health services,	3817
including a board of alcohol and drug addiction or a community	3818
mental health board if the county is served by separate boards;	3819
the board of county commissioners; any board of health of the	3820
county's city and general health districts; the county department	3821
of job and family services; the county agency responsible for the	3822
administration of children services pursuant to section 5153.15 of	3823
the Revised Code; the county board of mental retardation and	3824
developmental disabilities; any of the county's boards of	3825
education or governing boards of educational service centers; or	3826
the county's juvenile court. Any of the foregoing public entities,	3827
other than the board of county commissioners, may decline to serve	3828
as the council's administrative agent.	3829

A county council's administrative agent shall serve as the	3830
council's appointing authority for any employees of the council.	3831
The council shall file an annual budget with its administrative	3832
agent, with copies filed with the county auditor and with the	3833
board of county commissioners, unless the board is serving as the	3834
council's administrative agent. The council's administrative agent	3835
shall ensure that all expenditures are handled in accordance with	3836
policies, procedures, and activities prescribed by state	3837
departments in rules or interagency agreements that are applicable	3838
to the council's functions.	3839

The administrative agent of a county council shall send	3840
notice of a member's absence if a member listed in division (B)(1)	3841
of this section has been absent from either three consecutive	3842
meetings of the county council or a county council subcommittee,	3843
or from one-quarter of such meetings in a calendar year, whichever	3844
is less. The notice shall be sent to the board of county	3845
commissioners that establishes the county council and, for the	3846
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	3847
section, to the governing board overseeing the respective entity;	3848
for the member listed in division (B)(1)(f) of this section, to	3849
the county board of mental retardation and developmental	3850
disabilities that employs the superintendent; for a member listed	3851
in division (B)(1)(g) or (h) of this section, to the school board	3852
that employs the superintendent; for the member listed in division	3853
(B)(1)(i) of this section, to the mayor of the municipal	3854
corporation; for the member listed in division (B)(1)(k) of this	3855
section, to the director of youth services; and for the member	3856
listed in division (B)(1)(n), to that member's board of trustees.	3857

The administrative agent for a county council may do any of	3858
the following on behalf of the council:	3859

(i) Enter into agreements or administer contracts with public	3860
or private entities to fulfill specific council business. Such	3861
agreements and contracts are exempt from the competitive bidding	3862
requirements of section 307.86 of the Revised Code if they have	3863
been approved by the county council and they are for the purchase	3864
of family and child welfare or child protection services or other	3865
social or job and family services for families and children. The	3866
approval of the county council is not required to exempt	3867
agreements or contracts entered into under section 5139.34,	3868
5139.41, or 5139.43 of the Revised Code from the competitive	3869
bidding requirements of section 307.86 of the Revised Code.	3870

(ii) As determined by the council, provide financial	3871
stipends, reimbursements, or both, to family representatives for	3872
expenses related to council activity;	3873

(iii) Receive by gift, grant, devise, or bequest any moneys,	3874
lands, or other property for the purposes for which the council is	3875
established. The agent shall hold, apply, and dispose of the	3876
moneys, lands, or other property according to the terms of the	3877
gift, grant, devise, or bequest. Any interest or earnings shall be	3878
treated in the same manner and are subject to the same terms as	3879
the gift, grant, devise, or bequest from which it accrues.	3880

(b)(i) If the county council designates the board of county	3881
commissioners as its administrative agent, the board may, by	3882
resolution, delegate any of its powers and duties as	3883
administrative agent to an executive committee the board	3884
establishes from the membership of the county council. The board	3885
shall name to the executive committee at least the individuals	3886
described in divisions (B)(1)(b) to (h) of this section and may	3887
appoint the president of the board or another individual as the	3888
chair of the executive committee. The executive committee must	3889
include at least one family county council representative who does	3890
not have a family member employed by an agency represented on the	3891
council.	3892

(ii) The executive committee may, with the approval of the	3893
board, hire an executive director to assist the county council in	3894
administering its powers and duties. The executive director shall	3895
serve in the unclassified civil service at the pleasure of the	3896
executive committee. The executive director may, with the approval	3897
of the executive committee, hire other employees as necessary to	3898
properly conduct the county council's business.	3899

(iii) The board may require the executive committee to submit	3900
an annual budget to the board for approval and may amend or repeal	3901
the resolution that delegated to the executive committee its	3902
authority as the county council's administrative agent.	3903

(6) Two or more county councils may enter into an agreement	3904
to administer their county councils jointly by creating a regional	3905
family and children first council. A regional council possesses	3906
the same duties and authority possessed by a county council,	3907
except that the duties and authority apply regionally rather than	3908
to individual counties. Prior to entering into an agreement to	3909
create a regional council, the members of each county council to	3910
be part of the regional council shall meet to determine whether	3911
all or part of the members of each county council will serve as	3912
members of the regional council.	3913

(7) A board of county commissioners may approve a resolution	3914
by a majority vote of the board's members that requires the county	3915
council to submit a statement to the board each time the council	3916
proposes to enter into an agreement, adopt a plan, or make a	3917
decision, other than a decision pursuant to section 121.38 of the	3918
Revised Code, that requires the expenditure of funds for two or	3919
more families. The statement shall describe the proposed	3920
agreement, plan, or decision.	3921

Not later than fifteen days after the board receives the	3922
statement, it shall, by resolution approved by a majority of its	3923
members, approve or disapprove the agreement, plan, or decision.	3924
Failure of the board to pass a resolution during that time period	3925
shall be considered approval of the agreement, plan, or decision.	3926

An agreement, plan, or decision for which a statement is	3927
required to be submitted to the board shall be implemented only if	3928
it is approved by the board.	3929

(C) Each county shall develop a county service coordination	3930
mechanism. The county service coordination mechanism shall serve	3931
as the guiding document for coordination of services in the	3932
county. For children who also receive services under the help me	3933
grow program, the service coordination mechanism shall be	3934
consistent with rules adopted by the department of health under	3935
section 3701.61 of the Revised Code. All family service	3936
coordination plans shall be developed in accordance with the	3937
county service coordination mechanism. The mechanism shall be	3938
developed and approved with the participation of the county	3939
entities representing child welfare; mental retardation and	3940
developmental disabilities; alcohol, drug addiction, and mental	3941
health services; health; juvenile judges; education; the county	3942
family and children first council; and the county early	3943
intervention collaborative established pursuant to the federal	3944
early intervention program operated under the "Individuals with	3945
Disabilities Education Act of 2004." The county shall establish an	3946
implementation schedule for the mechanism. The cabinet council may	3947
monitor the implementation and administration of each county's	3948
service coordination mechanism.	3949

Each mechanism shall include all of the following:

3950

(1) A procedure for an agency, including a juvenile court, or	3951
a family voluntarily seeking service coordination, to refer the	3952
child and family to the county council for service coordination in	3953
accordance with the mechanism;	3954

(2) A procedure ensuring that a family and all appropriate	3955
staff from involved agencies, including a representative from the	3956
appropriate school district, are notified of and invited to	3957
participate in all family service coordination plan meetings;	3958

(3) A procedure that permits a family to initiate a meeting	3959
to develop or review the family's service coordination plan and	3960
allows the family to invite a family advocate, mentor, or support	3961
person of the family's choice to participate in any such meeting;	3962

(4) A procedure for ensuring that a family service	3963
coordination plan meeting is conducted for each child who receives	3964
service coordination under the mechanism and for whom an emergency	3965
out-of-home placement has been made or for whom a nonemergency	3966
out-of-home placement is being considered. The meeting shall be	3967
conducted within ten days of an emergency out-of-home placement.	3968
The meeting shall be conducted before a nonemergency out-of-home	3969
placement. The family service coordination plan shall outline how	3970
the county council members will jointly pay for services, where	3971
applicable, and provide services in the least restrictive	3972
environment.	3973

(5) A procedure for monitoring the progress and tracking the	3974
outcomes of each service coordination plan requested in the county	3975
including monitoring and tracking children in out-of-home	3976
placements to assure continued progress, appropriateness of	3977
placement, and continuity of care after discharge from placement	3978
with appropriate arrangements for housing, treatment, and	3979
education.	3980

(6) A procedure for protecting the confidentiality of all	3981
personal family information disclosed during service coordination	3982
meetings or contained in the comprehensive family service	3983
coordination plan.	3984

(7) A procedure for assessing the needs and strengths of any	3985
child or family that has been referred to the council for service	3986
coordination, including a child whose parent or custodian is	3987
voluntarily seeking services, and for ensuring that parents and	3988
custodians are afforded the opportunity to participate;	3989

(8) A procedure for development of a family service	3990
coordination plan described in division (D) of this section;	3991

(9) A local dispute resolution process to serve as the	3992
process that must be used first to resolve disputes among the	3993
agencies represented on the county council concerning the	3994
provision of services to children, including children who are	3995
abused, neglected, dependent, unruly, alleged unruly, or	3996
delinquent children and under the jurisdiction of the juvenile	3997
court and children whose parents or custodians are voluntarily	3998
seeking services. The local dispute resolution process shall	3999
comply with sections 121.38, 121.381, and 121.382 of the Revised	4000
Code. The local dispute resolution process shall be used to	4001
resolve disputes between a child's parents or custodians and the	4002
county council regarding service coordination. The county council	4003
shall inform the parents or custodians of their right to use the	4004
dispute resolution process. Parents or custodians shall use	4005
existing local agency grievance procedures to address disputes not	4006
involving service coordination. The dispute resolution process is	4007
in addition to and does not replace other rights or procedures	4008
that parents or custodians may have under other sections of the	4009
Revised Code.	4010

The cabinet council shall adopt rules in accordance with	4011
Chapter 119. of the Revised Code establishing an administrative	4012
review process to address problems that arise concerning the	4013
operation of a local dispute resolution process.	4014

Nothing in division (C)(4) of this section shall be	4015
interpreted as overriding or affecting decisions of a juvenile	4016
court regarding an out-of-home placement, long-term placement, or	4017
emergency out-of-home placement.	4018

(D) Each county shall develop a family service coordination	4019
plan that does all of the following:	4020

(1) Designates service responsibilities among the various	4021
state and local agencies that provide services to children and	4022
their families, including children who are abused, neglected,	4023
dependent, unruly, or delinquent children and under the	4024
jurisdiction of the juvenile court and children whose parents or	4025
custodians are voluntarily seeking services;	4026

(2) Designates an individual, approved by the family, to	4027
track the progress of the family service coordination plan,	4028
schedule reviews as necessary, and facilitate the family service	4029
coordination plan meeting process;	4030

(3) Ensures that assistance and services to be provided are	4031
responsive to the strengths and needs of the family, as well as	4032
the family's culture, race, and ethnic group, by allowing the	4033
family to offer information and suggestions and participate in	4034
decisions. Identified assistance and services shall be provided in	4035
the least restrictive environment possible.	4036

(4) Includes a process for dealing with a child who is	4037
alleged to be an unruly child. The process shall include methods	4038
to divert the child from the juvenile court system;	4039

(5) Includes timelines for completion of goals specified in	4040
the plan with regular reviews scheduled to monitor progress toward	4041
those goals;	4042

(6) Includes a plan for dealing with short-term crisis	4043
situations and safety concerns.	4044

(E)(1) The process provided for under division (D)(4) of this	4045
section may include, but is not limited to, the following:	4046

(a) Designation of the person or agency to conduct the	4047
assessment of the child and the child's family as described in	4048
division (C)(7) of this section and designation of the instrument	4049
or instruments to be used to conduct the assessment;	4050

(b) An emphasis on the personal responsibilities of the child	4051
and the parental responsibilities of the parents, guardian, or	4052
custodian of the child;	4053

(c) Involvement of local law enforcement agencies and	4054
officials.	4055

(2) The method to divert a child from the juvenile court	4056
system that must be included in the service coordination process	4057
may include, but is not limited to, the following:	4058

(a) The preparation of a complaint under section 2151.27 of	4059
the Revised Code alleging that the child is an unruly child and	4060
notifying the child and the parents, guardian, or custodian that	4061
the complaint has been prepared to encourage the child and the	4062
parents, guardian, or custodian to comply with other methods to	4063
divert the child from the juvenile court system;	4064

(b) Conducting a meeting with the child, the parents,	4065
guardian, or custodian, and other interested parties to determine	4066
the appropriate methods to divert the child from the juvenile	4067
court system;	4068

(c) A method to provide to the child and the child's family a	4069
short-term respite from a short-term crisis situation involving a	4070
confrontation between the child and the parents, guardian, or	4071
custodian;	4072

(d) A program to provide a mentor to the child or the	4073
parents, guardian, or custodian;	4074

(e) A program to provide parenting education to the parents,	4075
guardian, or custodian;	4076

(f) An alternative school program for children who are truant	4077
from school, repeatedly disruptive in school, or suspended or	4078
expelled from school;	4079

(g) Other appropriate measures, including, but not limited	4080
to, any alternative methods to divert a child from the juvenile	4081
court system that are identified by the Ohio family and children	4082
first cabinet council.	4083

(F) Each county may review and revise the service	4084
coordination process described in division (D) of this section	4085
based on the availability of funds under Title IV-A of the "Social	4086
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	4087
or to the extent resources are available from any other federal,	4088
state, or local funds.	4089

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

4090

"At-risk individual" means an individual at great risk of not	4091
being able to access available health and social services due to	4092
barriers such as poverty, inadequate transportation, culture, and	4093
priorities of basic survival.	4094

"Care coordination agency" means a person or government	4095
entity that assists at-risk individuals access available health	4096
and social services the at-risk individuals need.	4097

(B) A care coordination agency may provide the following	4098
information to the Ohio family and children first cabinet council:	4099

(1) The types of individuals the agency identifies as being	4100
at-risk individuals;	4101

(2) The total per-individual cost to the agency for care	4102
coordination services provided to at-risk individuals;	4103

(3) The administrative cost per individual for care	4104
coordination services provided to at-risk individuals;	4105

(4) The specific work products the agency purchased to	4106
provide care coordination services to at-risk individuals;	4107

(5) The strategies the agency uses to help at-risk	4108
individuals access available health and social services;	4109

(6) The agency's success in helping at-risk individuals	4110
access available health and social services;	4111

(7) The mechanisms the agency uses to identify and eliminate	4112
duplicate care coordination services.	4113

(C) The Ohio family and children first cabinet council may	4114
use the information provided to it under this section to help	4115
improve care coordination for at-risk individuals throughout the	4116
state.	4117

Sec. 121.40. (A) There is hereby created the Ohio community	4118
service council consisting of twenty-one voting members including	4119
the superintendent of public instruction or the superintendent's	4120
designee, the chancellor of the Ohio board of regents or the	4121
chancellor's designee, the director of youth services or the	4122
director's designee, the director of aging or the director's	4123
designee, the chairperson of the committee of the house of	4124
representatives dealing with education or the chairperson's	4125
designee, the chairperson of the committee of the senate dealing	4126
with education or the chairperson's designee, and fifteen members	4127
who shall be appointed by the governor with the advice and	4128
consent of the senate and who shall serve terms of office of three	4129
years. The appointees shall include educators, including teachers	4130
and administrators; representatives of youth organizations;	4131
students and parents; representatives of organizations engaged in	4132
volunteer program development and management throughout the state,	4133
including youth and conservation programs; and representatives of	4134
business, government, nonprofit organizations, social service	4135
agencies, veterans organizations, religious organizations, or	4136
philanthropies that support or encourage volunteerism within the	4137
state. The director of the governor's office of faith-based and	4138
community initiatives shall serve as a nonvoting ex officio member	4139
of the council. Members of the council shall receive no	4140
compensation, but shall be reimbursed for actual and necessary	4141
expenses incurred in the performance of their official duties.	4142

(B) The council shall appoint, with the advice and consent of	4143
the governor, an executive director for the council, who shall be	4144
in the unclassified civil service. The executive director shall	4145
supervise the council's activities and report to the council on	4146
the progress of those activities. The executive director shall do	4147
all things necessary for the efficient and effective	4148
implementation of the duties of the council.	4149

The responsibilities assigned to the executive director do	4150
not relieve the members of the council from final responsibility	4151
for the proper performance of the requirements of this section.	4152

(C) The council or its designee shall do all of the	4153
following:	4154

(1) Employ, promote, supervise, and remove all employees as	4155
needed in connection with the performance of its duties under this	4156
section and may assign duties to those employees as necessary to	4157
achieve the most efficient performance of its functions, and to	4158
that end may establish, change, or abolish positions, and assign	4159
and reassign duties and responsibilities of any employee of the	4160
council. Personnel employed by the council who are subject to	4161
Chapter 4117. of the Revised Code shall retain all of their rights	4162
and benefits conferred pursuant to that chapter. Nothing in this	4163
chapter shall be construed as eliminating or interfering with	4164
Chapter 4117. of the Revised Code or the rights and benefits	4165
conferred under that chapter to public employees or to any	4166
bargaining unit.	4167

(2) Maintain its office in Columbus, and may hold sessions at	4168
any place within the state;	4169

(3) Acquire facilities, equipment, and supplies necessary to	4170
house the council, its employees, and files and records under its	4171
control, and to discharge any duty imposed upon it by law. The	4172
expense of these acquisitions shall be audited and paid for in the	4173
same manner as other state expenses. For that purpose, the council	4174
shall prepare and submit to the office of budget and management a	4175
budget for each biennium according to sections 101.532 and 107.03	4176
of the Revised Code. The budget submitted shall cover the costs of	4177
the council and its staff in the discharge of any duty imposed	4178
upon the council by law. The council shall not delegate any	4179
authority to obligate funds.	4180

(4) Pay its own payroll and other operating expenses from	4181
line items designated by the general assembly;	4182

(5) Retain its fiduciary responsibility as appointing	4183
authority. Any transaction instructions shall be certified by the	4184
appointing authority or its designee.	4185

(6) Establish the overall policy and management of the	4186
council in accordance with this chapter;	4187

(7) Assist in coordinating and preparing the state	4188
application for funds under sections 101 to 184 of the "National	4189
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	4190
U.S.C.A. 12411 to 12544, as amended, assist in administering and	4191
overseeing the "National and Community Service Trust Act of 1993,"	4192
P.L. 103-82, 107 Stat. 785, and the americorps program in this	4193
state, and assist in developing objectives for a comprehensive	4194
strategy to encourage and expand community service programs	4195
throughout the state;	4196

(8) Assist the state board of education, school districts,	4197
the chancellor of the board of regents, and institutions of higher	4198
education in coordinating community service education programs	4199
through cooperative efforts between institutions and organizations	4200
in the public and private sectors;	4201

(9) Assist the departments of natural resources, youth	4202
services, aging, and job and family services in coordinating	4203
community service programs through cooperative efforts between	4204
institutions and organizations in the public and private sectors;	4205

(10) Suggest individuals and organizations that are available	4206
to assist school districts, institutions of higher education, and	4207
the departments of natural resources, youth services, aging, and	4208
job and family services in the establishment of community service	4209
programs and assist in investigating sources of funding for	4210
implementing these programs;	4211

(11) Assist in evaluating the state's efforts in providing	4212
community service programs using standards and methods that are	4213
consistent with any statewide objectives for these programs and	4214
provide information to the state board of education, school	4215
districts, the chancellor of the board of regents, institutions of	4216
higher education, and the departments of natural resources, youth	4217
services, aging, and job and family services to guide them in	4218
making decisions about these programs;	4219

(12) Assist the state board of education in complying with	4220
section 3301.70 of the Revised Code and the chancellor of the	4221
board of regents in complying with division (B)(2) of section	4222
3333.043 of the Revised Code;	4223

(13) Advise, assist, consult with, and cooperate with, by	4224
contract or otherwise, agencies and political subdivisions of this	4225
state in establishing a statewide system for volunteers pursuant	4226
to section 121.404 of the Revised Code.	4227

(D) ~~The department of aging~~With the advice and consent of	4228
the governor, the council shall in writing enter into an agreement	4229
with another state agency to serve as the council's fiscal agent.	4230
~~Beginning on July 1, 1997, whenever reference is made in any law,~~	4231
~~contract, or document to the functions of the department of youth~~	4232
~~services as fiscal agent to the council, the reference shall be~~	4233
~~deemed to refer to the department of aging. The department of~~	4234
~~aging shall have no responsibility for or obligation to the~~	4235
~~council prior to July 1, 1997. Any validation, cure, right,~~	4236
~~privilege, remedy, obligation, or liability shall be retained by~~	4237
~~the council.~~	4238

~~As used in this section, "fiscal agent" means technical~~	4239
~~support and includes the following technical support services:~~The	4240
fiscal agent shall be responsible for all the council's fiscal	4241
matters and financial transactions, as specified in the agreement.	4242
Services to be provided by the fiscal agent include, but are not	4243
limited to, the following:	4244

(1) Preparing and processing payroll and other personnel	4245
documents that the council executes as the appointing authority.;	4246
~~The department of aging shall not approve any payroll or other~~	4247
~~personnel-related documents.~~	4248

(2) Maintaining ledgers of accounts and reports of account	4249
balances, and monitoring budgets and allotment plans in	4250
consultation with the council.; and~~The department shall not~~	4251
~~approve any biennial budget, grant, expenditure, audit, or~~	4252
~~fiscal-related document.~~	4253

(3) Performing other routine support services that the	4254
~~director of aging or the director's designee and the council or~~	4255
~~its designee consider~~fiscal agent considers appropriate to	4256
achieve efficiency.	4257

(E)(1) The council ~~or its designee~~, in conjunction and	4258
consultation with the fiscal agent, has the following authority	4259
and responsibility relative to fiscal matters:	4260

(a) Sole authority to draw funds for any and all federal	4261
programs in which the council is authorized to participate;	4262

(b) Sole authority to expend funds from their accounts for	4263
programs and any other necessary expenses the council may incur	4264
and its subgrantees may incur; and	4265

(c) Responsibility to cooperate with and inform the	4266
~~department of aging as~~ fiscal agent ~~to ensure that the department~~	4267
is fully ~~apprised~~ of all financial transactions.	4268

(2) The council shall follow all state procurement, fiscal,	4269
human resources, statutory, and administrative rule requirements.	4270

(3) The ~~department of aging~~fiscal agent shall determine fees	4271
to be charged to the council, which shall be in proportion to the	4272
services performed for the council.	4273

(4) The council shall pay fees owed to the ~~department of~~	4274
~~aging~~fiscal agent from a general revenue fund of the council or	4275
from any other fund from which the operating expenses of the	4276
council are paid. Any amounts set aside for a fiscal year for the	4277
payment of these fees shall be used only for the services	4278
performed for the council by the ~~department of aging~~fiscal agent	4279
in that fiscal year.	4280

(F) The council may accept and administer grants from any	4281
source, public or private, to carry out any of the council's	4282
functions this section establishes.	4283

Sec. 121.401. (A) As used in this section and section	4284
121.402 of the Revised Code, "organization or entity" and	4285
"unsupervised access to a child" have the same meanings as in	4286
section 109.574 of the Revised Code.	4287

(B) The ~~governor's~~Ohio community service council shall adopt	4288
a set of "recommended best practices" for organizations or	4289
entities to follow when one or more volunteers of the organization	4290
or entity have unsupervised access to one or more children or	4291
otherwise interact with one or more children. The "recommended	4292
best practices" shall focus on, but shall not be limited to, the	4293
issue of the safety of the children and, in addition, the	4294
screening and supervision of volunteers. The "recommended best	4295
practices" shall include as a recommended best practice that the	4296
organization or entity subject to a criminal records check	4297
performed by the bureau of criminal identification and	4298
investigation pursuant to section 109.57, section 109.572, or	4299
rules adopted under division (E) of section 109.57 of the Revised	4300
Code, all of the following:	4301

(1) All persons who apply to serve as a volunteer in a	4302
position in which the person will have unsupervised access to a	4303
child on a regular basis.	4304

(2) All volunteers who are in a position in which the person	4305
will have unsupervised access to a child on a regular basis and	4306
who the organization or entity has not previously subjected to a	4307
criminal records check performed by the bureau of criminal	4308
identification and investigation.	4309

(C) The set of "recommended best practices" required to be	4310
adopted by this section are in addition to the educational program	4311
required to be adopted under section 121.402 of the Revised Code.	4312

Sec. 121.402. (A) The ~~governor's~~Ohio community service	4313
council shall establish and maintain an educational program that	4314
does all of the following:	4315

(1) Makes available to parents and guardians of children	4316
notice about the provisions of sections 109.574 to 109.577,	4317
section 121.401, and section 121.402 of the Revised Code and	4318
information about how to keep children safe when they are under	4319
the care, custody, or control of a person other than the parent or	4320
guardian;	4321

(2) Makes available to organizations and entities information	4322
regarding the best methods of screening and supervising	4323
volunteers, how to obtain a criminal records check of a volunteer,	4324
confidentiality issues relating to reports of criminal records	4325
checks, and record keeping regarding the reports;	4326

(3) Makes available to volunteers information regarding the	4327
possibility of being subjected to a criminal records check and	4328
displaying appropriate behavior to minors;	4329

(4) Makes available to children advice on personal safety and	4330
information on what action to take if someone takes inappropriate	4331
action towards a child.	4332

(B) The program shall begin making the materials described in	4333
this section available not later than ~~one year after the effective~~	4334
~~date of this section~~March 22, 2002.	4335

Sec. 122.042. The director of development may found an	4336
employment opportunity program that encourages employers to employ	4337
individuals who are members of significantly disadvantaged groups.	4338
If the director intends to found such an employment opportunity	4339
program, the director shall adopt, and thereafter may amend or	4340
rescind, rules under Chapter 119. of the Revised Code to found,	4341
and to operate, maintain, and improve, the program. In the rules,	4342
the director shall:	4343

(A) Construct, and, as changing circumstances indicate,	4344
re-construct, procedures according to which significantly	4345
disadvantaged groups are identified as such, an individual is	4346
identified as being a member of a significantly disadvantaged	4347
group, and an employer is identified as being a potential employer	4348
of an individual who is a member of a significantly disadvantaged	4349
group;	4350

(B) Describe, and, as experience indicates, re-describe, the	4351
kinds of evidence that shall be considered to identify	4352
significantly disadvantaged groups, the kinds of evidence an	4353
individual shall offer to prove that the individual is a member of	4354
a significantly disadvantaged group, and the kinds of evidence an	4355
employer shall offer to prove that the employer is a potential	4356
employer of an individual who is a member of a significantly	4357
disadvantaged group;	4358

(C) Specify, and, as experience indicates, re-specify,	4359
strategies and tactics for connecting individuals who are members	4360
of significantly disadvantaged groups with potential employers of	4361
members of significantly disadvantaged groups;	4362

(D) Define a mix of, and, as experience indicates, define a	4363
re-mix of, incentives, such as grants, loans, loan guarantees, and	4364
tax benefits, that will encourage potential employers of	4365
individuals who are members of significantly disadvantaged groups	4366
actually to employ those individuals, to train those individuals	4367
in the particular skills of the employment, and otherwise to	4368
develop and continue those individuals in the employment;	4369

(E) Prescribe, and, as experience indicates, re-prescribe,	4370
terms and conditions under which incentives are provided to and	4371
used by employers, including standards according to which	4372
incentives are provided or not provided to employers, results that	4373
reasonably can be expected from the provision of incentives, terms	4374
for and conditions on the use to which incentives may be put,	4375
methods according to which the use of incentives can be monitored	4376
and accounted for, any obligation to repay or otherwise reimburse	4377
an incentive, and liability under which employers are obligated to	4378
provide restitution to the director if incentives are misused	4379
according to the terms and conditions of their provision and use;	4380
and	4381

(F) Construct, describe, specify, define, and prescribe any	4382
other thing that is necessary and proper for the founding, and for	4383
the successful and efficient operation, maintenance, and	4384
improvement, of the employment opportunity program.	4385

In founding, and in operating, maintaining, and improving,	4386
the employment opportunity program under the rules, the director	4387
shall proceed so that the resulting program functions as a	4388
coherent, efficient system for improving employment opportunities	4389
for significantly disadvantaged groups. Examples of significantly	4390
disadvantaged groups include individuals who have not graduated	4391
from high school, individuals who have been convicted of a crime,	4392
individuals who are disabled, and individuals who are chronically	4393
unemployed (usually for more than eighteen months).	4394

The director may not provide an incentive in the form of a	4395
tax benefit unless the director first has consulted, and obtained	4396
the approval of, the tax commissioner. Examples of tax benefits	4397
include tax deductions, tax credits, and tax exemptions.	4398

The director has a cause of action for restitution to recover	4399
for the misuse of an incentive according to the terms and	4400
conditions under which the incentive was provided or to be used.	4401

Sec. 122.05. (A) The director of development may, to carry	4402
out the purposes of division (E) of section 122.04 of the Revised	4403
Code:	4404

(1) Establish offices in foreign countries as the director	4405
considers appropriate and enter into leases of real property,	4406
buildings, and office space that are appropriate for these	4407
offices;	4408

(2) Appoint personnel, who shall be in the unclassified civil	4409
services, necessary to operate such offices and fix their	4410
compensation. The director may enter into contracts with foreign	4411
nationals to staff the foreign offices established under this	4412
section.	4413

(3) The director may establish United States dollar and	4414
foreign currency accounts for the payment of expenses related to	4415
the operation and maintenance of the offices established under	4416
this section. The director shall establish procedures acceptable	4417
to the director of budget and management for the conversion,	4418
transfer, and control of United States dollars and foreign	4419
currency.	4420

(4) Provide export promotion assistance to Ohio businesses	4421
and organize or support missions to foreign countries to promote	4422
export of Ohio products and services and to encourage foreign	4423
direct investment in Ohio. The director may charge fees to	4424
businesses receiving export assistance and to participants in	4425
foreign missions sufficient to recover the direct costs of those	4426
activities. The director shall adopt, as an internal management	4427
rule under section 111.15 of the Revised Code, a procedure for	4428
setting the fees and a schedule of fees for services commonly	4429
provided by the department. The procedure shall require the	4430
director to annually review the established fees.	4431

(5) Do all things necessary and appropriate for the operation	4432
of the state's foreign offices.	4433

(B) All contracts entered into under division (A)(2) of this	4434
section and any payments of expenses under division (A)(3) of this	4435
section related to the operation and maintenance of foreign	4436
offices established under this section may be paid in the	4437
appropriate foreign currency and are exempt from sections 127.16	4438
and 5147.07 and Chapters 124., 125., and 153. of the Revised Code.	4439

Sec. 122.051. There is hereby created in the state treasury	4440
the international trade cooperative projects fund. The fund shall	4441
consist of ~~moneys~~all of the following:	4442

(A) Moneys received from private and nonprofit organizations	4443
involved in cooperative agreements related to import/export and	4444
direct foreign investment activities ~~and cash~~;	4445

(B) Cash transfers from other state agencies or any state or	4446
local government to encourage, promote, and assist trade and	4447
commerce between this state and foreign nations, pursuant to	4448
section 122.05 and division (E) of section 122.04 of the Revised	4449
Code; and	4450

(C) Fees charged to businesses receiving export assistance	4451
and to participants in foreign missions to recover direct costs of	4452
those activities under division (A)(4) of section 122.05 of the	4453
Revised Code.	4454

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

4455

(1) "Alternative fuel" means blended biodiesel or, blended	4456
gasoline, or compressed air used in air-compression driven	4457
engines.	4458

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	4459
fuel that is derived from vegetable oils or animal fats, or any	4460
combination of those reagents, and that meets American society for	4461
testing and materials specification D6751-03a for biodiesel fuel	4462
(B100) blend stock distillate fuels.	4463

(3) "Diesel fuel" and "gasoline" have the same meanings as in	4464
section 5735.01 of the Revised Code.	4465

(4) "Ethanol" has the same meaning as in section 5733.46 of	4466
the Revised Code.	4467

(5) "Blended biodiesel" means diesel fuel containing at least	4468
twenty per cent biodiesel by volume.	4469

(6) "Blended gasoline" means gasoline containing at least	4470
eighty-five per cent ethanol by volume.	4471

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

4472

(a) The difference in cost between blended gasoline and	4473
gasoline containing ten per cent or less ethanol at the time that	4474
the blended gasoline is purchased;	4475

(b) The difference in cost between blended biodiesel and	4476
diesel fuel containing two per cent or less biodiesel at the time	4477
that the blended biodiesel is purchased.	4478

(B) For the purpose of improving the air quality in this	4479
state, the director of development shall establish an alternative	4480
fuel transportation grant program under which the director may	4481
make grants to businesses, nonprofit organizations, public school	4482
systems, or local governments for the purchase and installation of	4483
alternative fuel refueling or distribution facilities and	4484
terminals, for the purchase and use of alternative fuel, and to	4485
pay the costs of educational and promotional materials and	4486
activities intended for prospective alternative fuel consumers,	4487
fuel marketers, and others in order to increase the availability	4488
and use of alternative fuel.	4489

(C) The director, in consultation with the director of	4490
agriculture, shall adopt rules in accordance with Chapter 119. of	4491
the Revised Code that are necessary for the administration of the	4492
alternative fuel transportation grant program. The rules shall	4493
establish at least all of the following:	4494

(1) An application form and procedures governing the	4495
application process for a grant under the program;	4496

(2) A procedure for prioritizing the award of grants under	4497
the program. The procedures shall give preference to all of the	4498
following:	4499

(a) Publicly accessible refueling facilities;

4500

(b) Entities seeking grants that have secured funding from	4501
other sources, including, but not limited to, private or federal	4502
grants;	4503

(c) Entities that have presented compelling evidence of	4504
demand in the market in which the facilities or terminals will be	4505
located;	4506

(d) Entities that have committed to utilizing purchased or	4507
installed facilities or terminals for the greatest number of	4508
years;	4509

(e) Entities that will be purchasing or installing facilities	4510
or terminals for both blended biodiesel and blended gasoline.	4511

(3) A requirement that the maximum grant for the purchase and	4512
installation of an alternative fuel refueling or distribution	4513
facility or terminal be eighty per cent of the cost of the	4514
facility or terminal, except that at least twenty per cent of the	4515
total net cost of the facility or terminal shall be incurred by	4516
the grant recipient and not compensated for by any other source;	4517

(4) A requirement that the maximum grant for the purchase of	4518
alternative fuel be eighty per cent of the incremental cost of the	4519
fuel;	4520

(5) Any other criteria, procedures, or guidelines that the	4521
director determines are necessary to administer the program.	4522

(D) An applicant for a grant under this section that sells	4523
motor vehicle fuel at retail shall agree that if the applicant	4524
receives a grant, the applicant will report to the director the	4525
gallon amounts of blended gasoline and blended biodiesel the	4526
applicant sells at retail in this state for a period of three	4527
years after the grant is awarded.	4528

The director shall enter into a written confidentiality	4529
agreement with the applicant regarding the gallon amounts sold as	4530
described in this division, and upon execution of the agreement	4531
this information is not a public record.	4532

(E) There is hereby created in the state treasury the	4533
alternative fuel transportation grant fund. The fund shall consist	4534
of money transferred to the fund under division (C) of section	4535
125.836 of the Revised Code, money that is appropriated to it by	4536
the general assembly, and money as may be specified by the general	4537
assembly from the advanced energy fund created by section 4928.61	4538
of the Revised Code. Money in the fund shall be used to make	4539
grants under the alternative fuel transportation grant program and	4540
by the director in the administration of that program.	4541

Sec. 122.12. As used in this section and in section 122.121	4542
of the Revised Code:	4543

(A) "Endorsing county" means a county that contains a site	4544
selected by a site selection organization for one or more games.	4545

(B) "Endorsing municipality" means a municipal corporation	4546
that contains a site selected by a site selection organization for	4547
one or more games.	4548

(C) "Game support contract" means a joinder undertaking,	4549
joinder agreement, or similar contract executed by an endorsing	4550
municipality or endorsing county and a site selection	4551
organization.	4552

(D) "Game" means a national football league "super bowl," a	4553
national collegiate athletic association "final four" basketball	4554
tournament game, the national basketball association all-star	4555
game, the national hockey league all-star game, the major league	4556
baseball all-star game, a national collegiate athletic	4557
association bowl championship series game, a world cup soccer	4558
game, or the olympic games.	4559

(E) "Joinder agreement" means an agreement entered into by an	4560
endorsing municipality or endorsing county, or more than one	4561
endorsing municipality or county acting collectively and a site	4562
selection organization setting out representations and assurances	4563
by each endorsing municipality or endorsing county in connection	4564
with the selection of a site in this state for the location of a	4565
game.	4566

(F) "Joinder undertaking" means an agreement entered into by	4567
an endorsing municipality or endorsing county, or more than one	4568
endorsing municipality or county acting collectively and a site	4569
selection organization that each endorsing municipality or	4570
endorsing county will execute a joinder agreement in the event	4571
that the site selection organization selects a site in this state	4572
for a game.	4573

(G) "Local organizing committee" means a nonprofit	4574
corporation or its successor in interest that:	4575

(1) Has been authorized by an endorsing municipality,	4576
endorsing county, or more than one endorsing municipality or	4577
county acting collectively to pursue an application and bid on the	4578
applicant's behalf to a site selection organization for selection	4579
as the site of one or more games; or	4580

(2) With the authorization of an endorsing municipality,	4581
endorsing county, or more than one endorsing municipality or	4582
county acting collectively, has executed an agreement with a site	4583
selection organization regarding a bid to host one or more games.	4584

(H) "Site selection organization" means the national football	4585
league, the national collegiate athletic association, the national	4586
basketball association, the national hockey league, major league	4587
baseball, the federation internationale de football association,	4588
the international world games association, the United States	4589
olympic committee, or the national governing body of a sport that	4590
is recognized as such by the United States olympic committee.	4591

Sec. 122.121. (A) If an endorsing municipality or endorsing	4592
county enters into a joinder undertaking with a site selection	4593
organization, the endorsing municipality or endorsing county may	4594
apply to the director of development, on a form and in the manner	4595
prescribed by the director, for a grant based on the projected	4596
incremental increase in the receipts from the tax imposed under	4597
section 5739.02 of the Revised Code within the market area	4598
designated under division (C) of this section, for the two-week	4599
period that ends at the end of the day after the date on which a	4600
game will be held, that is directly attributable, as determined by	4601
the director, to the preparation for and presentation of the	4602
game. The director shall determine the projected incremental	4603
increase in the tax imposed under section 5739.02 of the Revised	4604
Code from information certified to the director by the endorsing	4605
municipality or the endorsing county including, but not limited	4606
to, historical attendance and ticket sales for the game, income	4607
statements showing revenue and expenditures for the game in prior	4608
years, attendance capacity at the proposed venues, event budget at	4609
the proposed venues, and projected lodging room nights based on	4610
historical attendance, attendance capacity at the proposed venues,	4611
and duration of the game and related activities. The endorsing	4612
municipality or endorsing county is eligible to receive a grant	4613
under this section only if the projected incremental increase in	4614
receipts from the tax imposed under section 5739.02 of the Revised	4615
Code, as determined by the director, exceeds two hundred fifty	4616
thousand dollars. The amount of the grant shall be determined by	4617
the director but shall not exceed five hundred thousand dollars.	4618
The director shall not issue grants with a total value of more	4619
than one million dollars in any fiscal year.	4620

(B) If the director of development approves an application	4621
for an endorsing municipality or endorsing county and that	4622
endorsing municipality or endorsing county enters into a joinder	4623
agreement with a site selection organization, the endorsing	4624
municipality or endorsing county shall file a copy of the joinder	4625
agreement with the director of development, who immediately shall	4626
notify the director of budget and management of the filing.	4627
Within thirty days after receiving the notice, the director of	4628
budget and management shall establish a schedule to disburse from	4629
the general revenue fund to such endorsing municipality or	4630
endorsing county payments that total the amount certified by the	4631
director of development under division (A) of this section, but	4632
in no event shall the total amount disbursed exceed five hundred	4633
thousand dollars. The payments shall be used exclusively by the	4634
endorsing municipality or endorsing county to fulfill a portion	4635
of its obligations to a site selection organization under game	4636
support contracts, which obligations may include the payment of	4637
costs relating to the preparations necessary for the conduct of	4638
the game, including acquiring, renovating, or constructing	4639
facilities; to pay the costs of conducting the game; and to	4640
assist the local organizing committee, endorsing municipality,	4641
or endorsing county in providing assurances required by a site	4642
selection organization sponsoring one or more games.	4643

(C) For the purposes of division (A) of this section, the	4644
director of development, in consultation with the tax	4645
commissioner, shall designate as a market area for a game each	4646
area in which they determine there is a reasonable likelihood of	4647
measurable economic impact directly attributable to the	4648
preparation for and presentation of the game and related events,	4649
including areas likely to provide venues, accommodations, and	4650
services in connection with the game based on the information and	4651
the copy of the joinder undertaking provided to the director	4652
under divisions (A) and (B) of this section. The director and	4653
commissioner shall determine the geographic boundaries of each	4654
market area. An endorsing municipality or endorsing county that	4655
has been selected as the site for a game must be included in a	4656
market area for the game.	4657

(D) A local organizing committee, endorsing municipality, or	4658
endorsing county shall provide information required by the	4659
director of development and tax commissioner to enable the	4660
director and commissioner to fulfill their duties under this	4661
section, including annual audited statements of any financial	4662
records required by a site selection organization and data	4663
obtained by the local organizing committee, endorsing	4664
municipality, or endorsing county relating to attendance at a game	4665
and to the economic impact of the game. A local organizing	4666
committee, an endorsing municipality, or an endorsing county shall	4667
provide an annual audited financial statement if so required by	4668
the director and commissioner, not later than the end of the	4669
fourth month after the date the period covered by the financial	4670
statement ends.	4671

(E) Within sixty days after the game, the endorsing	4672
municipality or the endorsing county shall report to the director	4673
of development about the economic impact of the game. The report	4674
shall be in the form and substance required by the director,	4675
including, but not limited to, a final income statement for the	4676
event showing total revenue and expenditures and revenue and	4677
expenditures in the market area for the game, and ticket sales for	4678
the game and any related activities for which admission was	4679
charged. The director of development shall determine, based on the	4680
reported information and the exercise of reasonable judgment, the	4681
incremental increase in receipts from the tax imposed under	4682
section 5739.02 of the Revised Code directly attributable to the	4683
game. If the actual incremental increase in such receipts is less	4684
than the projected incremental increase in receipts, the director	4685
may require the endorsing municipality or the endorsing county to	4686
refund to the state all or a portion of the grant.	4687

(F) No disbursement may be made under this section if the	4688
director of development determines that it would be used for the	4689
purpose of soliciting the relocation of a professional sports	4690
franchise located in this state.	4691

(G) This section may not be construed as creating or	4692
requiring a state guarantee of obligations imposed on an endorsing	4693
municipality or endorsing county under a game support contract or	4694
any other agreement relating to hosting one or more games in this	4695
state.	4696

Sec. 122.151. (A) An investor who proposes to make an	4697
investment of money in an Ohio entity may apply to an Edison	4698
center for a tax credit under this section. The Edison center	4699
shall prescribe the form of the application and any information	4700
that the investor must submit with the application. The investor	4701
shall include with the application a fee of two hundred dollars.	4702
The center, within three weeks after receiving the application,	4703
shall review it, determine whether the investor should be	4704
recommended for the tax credit, and send written notice of its	4705
initial determination to the industrial technology and enterprise	4706
advisory council and to the investor. If the center determines the	4707
investor should not be recommended for the tax credit, it shall	4708
include in the notice the reasons for the determination. Subject	4709
to divisions (C) and (D) of this section, an investor is eligible	4710
for a tax credit if all of the following requirements are met:	4711

(1) The investor's investment of money is in an Ohio entity	4712
engaged in a qualified trade or business.	4713

(2) The Ohio entity had less than two million five hundred	4714
thousand dollars of gross revenue during its most recently	4715
completed fiscal year or had a net book value of less than two	4716
million five hundred thousand dollars at the end of that fiscal	4717
year.	4718

(3) The investment takes the form of the purchase of common	4719
or preferred stock, a membership interest, a partnership interest,	4720
or any other ownership interest.	4721

(4) The amount of the investment for which the credit is	4722
being claimed does not exceed three hundred thousand dollars in	4723
the case of an investment in an EDGE business enterprise or in an	4724
Ohio entity located in a distressed area, or two hundred fifty	4725
thousand dollars in the case of an investment in any other Ohio	4726
entity.	4727

(5) The money invested is entirely at risk of loss, where	4728
repayment depends upon the success of the business operations of	4729
the Ohio entity.	4730

(6) No repayment of principal invested will be made for at	4731
least three years from the date the investment is made.	4732

(7) The annual combined amount of any dividend and interest	4733
payments to be made to the investor will not exceed ten per cent	4734
of the amount of the investment for at least three years from the	4735
date the investment is made.	4736

(8) The investor is not an employee with proprietary	4737
decision-making authority of the Ohio entity in which the	4738
investment of money is proposed, or related to such an individual.	4739
The Ohio entity is not an individual related to the investor. For	4740
purposes of this division, the industrial technology and	4741
enterprise advisory council shall define "an employee with	4742
proprietary decision-making authority."	4743

(9) The investor is not an insider.

4744

For the purposes of determining the net book value of an Ohio	4745
entity under division (A)(1) or (2) of this section, if the entity	4746
is a member of an affiliated group, the combined net book values	4747
of all of the members of that affiliated group shall be used.	4748

Nothing in division (A)(6) or (7) of this section limits or	4749
disallows the distribution to an investor in a pass-through entity	4750
of a portion of the entity's profits equal to the investor's	4751
federal, state, and local income tax obligations attributable to	4752
the investor's allocable share of the entity's profits. Nothing in	4753
division (A)(6) or (7) of this section limits or disallows the	4754
sale by an investor of part or all of the investor's interests in	4755
an Ohio entity by way of a public offering of shares in the Ohio	4756
entity.	4757

(B) A group of two but not more than twenty investors, each	4758
of whom proposes to make an investment of money in the same Ohio	4759
entity, may submit an application for tax credits under division	4760
(A) of this section. The group shall include with the application	4761
a fee of eight hundred dollars. The application shall identify	4762
each investor in the group and the amount of money each investor	4763
proposes to invest in the Ohio entity, and shall name a contact	4764
person for the group. The Edison center, within three weeks after	4765
receiving the application, shall review it, determine whether each	4766
investor of the group should be recommended for a tax credit under	4767
the conditions set forth in division (A) of this section, and send	4768
written notice of its determination to the industrial technology	4769
and enterprise advisory council and to the contact person. The	4770
center shall not recommend that a group of investors receive a tax	4771
credit unless each investor is eligible under those conditions.	4772
The center may disqualify from a group any investor who is not	4773
eligible under the conditions and recommend that the remaining	4774
group of investors receive the tax credit. If the center	4775
determines the group should not be recommended for the tax credit,	4776
it shall include in the notice the reasons for the determination.	4777

(C) The industrial technology and enterprise advisory council	4778
shall establish from among its members a three-person committee.	4779
Within four weeks after the council receives a notice of	4780
recommendation from an Edison center, the committee shall review	4781
the recommendation and issue a final determination of whether the	4782
investor or group is eligible for a tax credit under the	4783
conditions set forth in division (A) of this section. The	4784
committee may require the investor or group to submit additional	4785
information to support the application. The vote of at least two	4786
members of the committee is necessary for the issuance of a final	4787
determination or any other action of the committee. Upon making	4788
the final determination, the committee shall send written notice	4789
of approval or disapproval of the tax credit to the investor or	4790
group contact person, the director of development, and the Edison	4791
center. If the committee disapproves the tax credit, it shall	4792
include in the notice the reasons for the disapproval.	4793

(D)(1) The industrial technology and enterprise advisory	4794
council committee shall not approve more than one million five	4795
hundred thousand dollars of investments in any one Ohio entity.	4796
However, if a proposed investment of money in an Ohio entity has	4797
been approved but the investor does not actually make the	4798
investment, the committee may reassign the amount of that	4799
investment to another investor, as long as the total amount	4800
invested in the entity under this section does not exceed one	4801
million five hundred thousand dollars.	4802

If the one-million-five-hundred-thousand-dollar limit for an	4803
Ohio entity has not yet been reached and an application proposes	4804
an investment of money that would exceed the limit for that	4805
entity, the committee shall send written notice to the investor,	4806
or for a group, the contact person, that the investment cannot be	4807
approved as requested. Upon receipt of the notice, the investor	4808
or group may amend the application to propose an investment of	4809
money that does not exceed the limit.	4810

(2) Not more than ~~thirty~~forty-five million dollars of tax	4811
credits shall be issued under sections 122.15 to 122.154 of the	4812
Revised Code.	4813

(E) If an investor makes an approved investment of less than	4814
two hundred fifty thousand dollars in any Ohio entity other than	4815
an EDGE business enterprise or in an Ohio entity located in a	4816
distressed area, the investor may apply for approval of another	4817
investment of money in that entity, as long as the total amount	4818
invested in that entity by the investor under this section does	4819
not exceed two hundred fifty thousand dollars. If an investor	4820
makes an approved investment of less than three hundred thousand	4821
dollars in an EDGE business enterprise or in an Ohio entity	4822
located in a distressed area, the investor may apply for approval	4823
of another investment of money in that entity, as long as the	4824
total amount invested in that entity by the investor under this	4825
section does not exceed three hundred thousand dollars. An	4826
investor who receives approval of an investment of money as part	4827
of a group may subsequently apply on an individual basis for	4828
approval of an additional investment of money in the Ohio entity.	4829

(F) The industrial technology and enterprise advisory council	4830
committee shall approve or disapprove tax credit applications	4831
under this section in the order in which they are received by the	4832
council.	4833

(G) The director of development may disapprove any	4834
application recommended by an Edison center and approved by the	4835
industrial technology and enterprise advisory council committee,	4836
or may disapprove a credit for which a tax credit certificate has	4837
been issued under section 122.152 of the Revised Code, if the	4838
director determines that the entity in which the applicant	4839
proposes to invest or has invested is not an Ohio entity eligible	4840
to receive investments that qualify for the credit. If the	4841
director disapproves an application, the director shall certify	4842
the action to the investor, the Edison center that recommended the	4843
application, the industrial technology and enterprise advisory	4844
council, and the tax commissioner, together with a written	4845
explanation of the reasons for the disapproval. If the director	4846
disapproves a tax credit after a tax credit certificate is issued,	4847
the investor shall not claim the credit for the taxable year that	4848
includes the day the director disapproves the credit, or for any	4849
subsequent taxable year.	4850

The director of development, in accordance with section	4851
111.15 of the Revised Code and with the advice of the industrial	4852
technology and enterprise advisory council, may adopt, amend, and	4853
rescind rules necessary to implement sections 122.15 to 122.154 of	4854
the Revised Code.	4855

(H) An Edison center shall use application fees received	4856
under this section only for the costs of administering sections	4857
122.15 to 122.154 of the Revised Code.	4858

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

4859

(1) ~~"Full-time employee" means an individual who is employed~~	4860
~~for consideration for at least an average of thirty-five hours a~~	4861
~~week, who renders any other standard of service generally~~	4862
~~accepted by custom or specified by contract as full-time~~	4863
~~employment, or who is employed for consideration for such time or~~	4864
~~renders such service but is on family or medical leave under the~~	4865
~~federal Family and Medical Leave Act of 1993, Pub. L. No. 103-3,~~	4866
~~107 Stat. 6, as amended, or on active duty reserve or Ohio~~	4867
~~national guard service.~~	4868

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

4869

~~(a) A full-time employee first employed by a taxpayer in the~~	4870
~~project that is the subject of the agreement after the taxpayer~~	4871
~~enters into a tax credit agreement with the tax credit authority~~	4872
~~under this section;~~	4873

~~(b) A full-time employee first employed by a taxpayer in the~~	4874
~~project that is the subject of the tax credit after the tax credit~~	4875
~~authority approves a project for a tax credit under this section~~	4876
~~in a public meeting, as long as the taxpayer enters into the tax~~	4877
~~credit agreement prepared by the department of development after~~	4878
~~such meeting within sixty days after receiving the agreement from~~	4879
~~the department. If the taxpayer fails to enter into the agreement~~	4880
~~within sixty days, "new employee" has the same meaning as under~~	4881
~~division (A)(2)(a) of this section. A full-time employee may be~~	4882
~~considered a "new employee" of a taxpayer, despite previously~~	4883
~~having been employed by a related member of the taxpayer, if all~~	4884
~~of the following apply:~~	4885

~~(i) The related member is a party to the tax credit agreement~~	4886
~~at the time the employee is first employed with the taxpayer;~~	4887

~~(ii) The related member will remain subject to the tax~~	4888
~~imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied~~	4889
~~under Chapter 5751. of the Revised Code for the remainder of the~~	4890
~~term of the tax credit, and the tax credit is taken against~~	4891
~~liability for that same tax through the remainder of the term of~~	4892
~~the tax credit; and~~	4893

~~(iii) The employee was considered a new employee of the~~	4894
~~related member prior to employment with the taxpayer.~~	4895

~~Under division (A)(2)(a) or (b) of this section, if the tax~~	4896
~~credit authority determines it appropriate, "new employee" also~~	4897
~~may include an employee re-hired or called back from lay-off to~~	4898
~~work in a new facility or on a new product or service established~~	4899
~~or produced by the taxpayer after entering into the agreement~~	4900
~~under this section or after the tax credit authority approves the~~	4901
~~tax credit in a public meeting. Except as otherwise provided in~~	4902
~~this paragraph, "new employee" does not include any employee of~~	4903
~~the taxpayer who was previously employed in this state by a~~	4904
~~related member of the taxpayer and whose employment was shifted to~~	4905
~~the taxpayer after the taxpayer entered into the tax credit~~	4906
~~agreement or after the tax credit authority approved the credit in~~	4907
~~a public meeting, or any employee of the taxpayer for which the~~	4908
~~taxpayer has been granted a certificate under division (B) of~~	4909
~~section 5709.66 of the Revised Code. However, if the taxpayer is~~	4910
~~engaged in the enrichment and commercialization of uranium or~~	4911
~~uranium products or is engaged in research and development~~	4912
~~activities related thereto and if the tax credit authority~~	4913
~~determines it appropriate, "new employee" may include an employee~~	4914
~~of the taxpayer who was previously employed in this state by a~~	4915
~~related member of the taxpayer and whose employment was shifted to~~	4916
~~the taxpayer after the taxpayer entered into the tax credit~~	4917
~~agreement or after the tax credit authority approved the credit in~~	4918
~~a public meeting. "New employee" does not include an employee of~~	4919
~~the taxpayer who is employed in an employment position that was~~	4920
~~relocated to a project from other operations of the taxpayer in~~	4921
~~this state or from operations of a related member of the taxpayer~~	4922
~~in this state. In addition, "new employee" does not include a~~	4923
~~child, grandchild, parent, or spouse, other than a spouse who is~~	4924
~~legally separated from the individual, of any individual who is an~~	4925
~~employee of the taxpayer and who has a direct or indirect~~	4926
~~ownership interest of at least five per cent in the profits,~~	4927
~~capital, or value of the taxpayer. Such ownership interest shall~~	4928
~~be determined in accordance with section 1563 of the Internal~~	4929
~~Revenue Code and regulations prescribed thereunder.~~	4930

~~(3) "New income~~"Income tax revenue" means the total amount	4931
withheld under section 5747.06 of the Revised Code by the	4932
taxpayer during the taxable year, or during the calendar year	4933
that includes the tax period, from the compensation of ~~new~~	4934
~~employees for the tax levied under Chapter 5747. of the Revised~~	4935
~~Code.~~	4936

~~(4) "Related member" has the same meaning as under division~~	4937
~~(A)(6) of section 5733.042 of the Revised Code without regard to~~	4938
~~division (B) of that section~~each employee employed in the project	4939
to the extent the employee's withholdings are not used to	4940
determine the credit under section 122.171 of the Revised Code.	4941
"Income tax revenue" excludes amounts withheld before the day the	4942
taxpayer becomes eligible for the credit.	4943

(2) "Baseline income tax revenue" means income tax revenue	4944
except that the applicable withholding period is the twelve months	4945
immediately preceding the date the tax credit authority approves	4946
the taxpayer's application multiplied by the sum of one plus an	4947
annual pay increase factor to be determined by the tax credit	4948
authority. If the taxpayer becomes eligible for the credit after	4949
the first day of the taxpayer's taxable year or after the first	4950
day of the calendar year that includes the tax period, the	4951
taxpayer's baseline income tax revenue for the first such	4952
taxable or calendar year of credit eligibility shall be reduced in	4953
proportion to the number of days during the taxable or calendar	4954
year for which the taxpayer was not eligible for the credit. For	4955
subsequent taxable or calendar years, "baseline income tax	4956
revenue" equals the unreduced baseline income tax revenue for the	4957
preceding taxable or calendar year multiplied by the sum of one	4958
plus the pay increase factor.	4959

(3) "Excess income tax revenue" means income tax revenue	4960
minus baseline income tax revenue.	4961

(B) The tax credit authority may make grants under this	4962
section to foster job creation in this state. Such a grant shall	4963
take the form of a refundable credit allowed against the tax	4964
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	4965
under Chapter 5751. of the Revised Code. The credit shall be	4966
claimed for the taxable years or tax periods specified in the	4967
taxpayer's agreement with the tax credit authority under division	4968
(D) of this section. With respect to taxes imposed under section	4969
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	4970
credit shall be claimed in the order required under section	4971
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	4972
the credit available for a taxable year or for a calendar year	4973
that includes a tax period equals the ~~new~~excess income tax	4974
revenue for that year multiplied by the percentage specified in	4975
the agreement with the tax credit authority. Any credit granted	4976
under this section against the tax imposed by section 5733.06 or	4977
5747.02 of the Revised Code, to the extent not fully utilized	4978
against such tax for taxable years ending prior to 2008, shall	4979
automatically be converted without any action taken by the tax	4980
credit authority to a credit against the tax levied under Chapter	4981
5751. of the Revised Code for tax periods beginning on or after	4982
July 1, 2008, provided that the person to whom the credit was	4983
granted is subject to such tax. The converted credit shall apply	4984
to those calendar years in which the remaining taxable years	4985
specified in the agreement end.	4986

(C) A taxpayer or potential taxpayer who proposes a project	4987
to create new jobs in this state may apply to the tax credit	4988
authority to enter into an agreement for a tax credit under this	4989
section. The director of development shall prescribe the form of	4990
the application. After receipt of an application, the authority	4991
may enter into an agreement with the taxpayer for a credit under	4992
this section if it determines all of the following:	4993

(1) The taxpayer's project will ~~create new jobs in this state~~	4994
increase payroll and income tax revenue;	4995

(2) The taxpayer's project is economically sound and will	4996
benefit the people of this state by increasing opportunities for	4997
employment and strengthening the economy of this state;	4998

(3) Receiving the tax credit is a major factor in the	4999
taxpayer's decision to go forward with the project.	5000

(D) An agreement under this section shall include all of the	5001
following:	5002

(1) A detailed description of the project that is the subject	5003
of the agreement;	5004

(2) The term of the tax credit, which shall not exceed	5005
fifteen years, and the first taxable year, or first calendar year	5006
that includes a tax period, for which the credit may be claimed;	5007

(3) A requirement that the taxpayer shall maintain operations	5008
at the project location for at least ~~twice the number of years as~~	5009
~~the term of the tax credit~~the greater of seven years or the term	5010
of the credit plus three years;	5011

(4) The percentage, as determined by the tax credit	5012
authority, of ~~new~~excess income tax revenue that will be allowed	5013
as the amount of the credit for each taxable year or for each	5014
calendar year that includes a tax period;	5015

(5) ~~A specific method for determining how many new employees~~	5016
~~are employed during a taxable year or during a calendar year that~~	5017
~~includes a tax period~~The pay increase factor to be applied to the	5018
taxpayer's baseline income tax revenue;	5019

(6) A requirement that the taxpayer annually shall report to	5020
the director of development ~~the number of new employees, the new~~	5021
~~income tax revenue withheld in connection with the new employees,~~	5022
~~and any~~employment, tax withholding, investment, and other	5023
information the director needs to perform the director's duties	5024
under this section;	5025

(7) A requirement that the director of development annually	5026
~~shall verify the amounts~~review the information reported under	5027
division (D)(6) of this section~~, and after doing so shall issue a~~	5028
~~certificate to the taxpayer stating that the amounts have been~~	5029
~~verified~~and verify compliance with the agreement; if the taxpayer	5030
is in compliance, a requirement that the director issue a	5031
certificate to the taxpayer stating that the information has been	5032
verified and identifying the amount of the credit that may be	5033
claimed for the taxable or calendar year;	5034

(8)~~(a) A provision requiring that the taxpayer, except as~~	5035
~~otherwise provided in division (D)(8)(b) of this section, shall~~	5036
~~not relocate employment positions from elsewhere in this state to~~	5037
~~the project site that is the subject of the agreement for the~~	5038
~~lesser of five years from the date the agreement is entered into~~	5039
~~or the number of years the taxpayer is entitled to claim the tax~~	5040
~~credit.~~	5041

~~(b) The taxpayer may relocate employment positions from~~	5042
~~elsewhere in this state to the project site that is the subject of~~	5043
~~the agreement if the director of development determines both of~~	5044
~~the following:~~	5045

~~(i) That the site from which the employment positions would~~	5046
~~be relocated is inadequate to meet market and industry conditions,~~	5047
~~expansion plans, consolidation plans, or other business~~	5048
~~considerations affecting the taxpayer;~~	5049

~~(ii) That~~A provision providing that the taxpayer may not	5050
relocate a substantial number of employment positions from	5051
elsewhere in this state to the project location unless the	5052
director of development determines that the legislative authority	5053
of the county, township, or municipal corporation from which the	5054
employment positions would be relocated has been notified by the	5055
taxpayer of the relocation.	5056

For purposes of this section, the movement of an employment	5057
position from one political subdivision to another political	5058
subdivision shall be considered a relocation of an employment	5059
position~~, but the transfer of an individual employee from one~~	5060
~~political subdivision to another political subdivision shall not~~	5061
~~be considered a relocation of an employment position as long as~~	5062
~~the individual's employment position in the first political~~	5063
~~subdivision is refilled~~unless the employment position in the	5064
first political subdivision is replaced.	5065

(E) If a taxpayer fails to meet or comply with any condition	5066
or requirement set forth in a tax credit agreement, the tax credit	5067
authority may amend the agreement to reduce the percentage or term	5068
of the tax credit. The reduction of the percentage or term ~~shall~~	5069
~~take effect (1) in the taxable year immediately following the~~	5070
~~taxable year in which the authority amends the agreement or the~~	5071
~~director of development notifies the taxpayer in writing of such~~	5072
~~failure, or (2) in the first tax period beginning in the calendar~~	5073
~~year immediately following the calendar year in which the~~	5074
~~authority amends the agreement or the director notifies the~~	5075
~~taxpayer in writing of such failure. If the taxpayer fails to~~	5076
~~annually report any of the information required by division (D)(6)~~	5077
~~of this section within the time required by the director, the~~	5078
~~reduction of the percentage or term may take effect in the current~~	5079
~~taxable year. If the taxpayer relocates employment positions in~~	5080
~~violation of the provision required under division (D)(8)(a) of~~	5081
~~this section, the taxpayer shall not claim the tax credit under~~	5082
~~section 5733.0610 of the Revised Code for any tax years following~~	5083
~~the calendar year in which the relocation occurs, or shall not~~	5084
~~claim the tax credit under section 5725.32, 5729.032, or 5747.058~~	5085
~~of the Revised Code for the taxable year in which the relocation~~	5086
~~occurs and any subsequent taxable years, and shall not claim the~~	5087
~~tax credit under division (A) of section 5751.50 of the Revised~~	5088
~~Code for any tax period in the calendar year in which the~~	5089
~~relocation occurs and any subsequent tax periods~~may take effect	5090
in the current taxable or calendar year.	5091

(F) Projects that consist solely of point-of-final-purchase	5092
retail facilities are not eligible for a tax credit under this	5093
section. If a project consists of both point-of-final-purchase	5094
retail facilities and nonretail facilities, only the portion of	5095
the project consisting of the nonretail facilities is eligible for	5096
a tax credit and only the ~~new~~excess income tax revenue from ~~new~~	5097
~~employees of~~ the nonretail facilities shall be considered when	5098
computing the amount of the tax credit. If a warehouse facility is	5099
part of a point-of-final-purchase retail facility and supplies	5100
only that facility, the warehouse facility is not eligible for a	5101
tax credit. Catalog distribution centers are not considered	5102
point-of-final-purchase retail facilities for the purposes of this	5103
division, and are eligible for tax credits under this section.	5104

(G) Financial statements and other information submitted to	5105
the department of development or the tax credit authority by an	5106
applicant or recipient of a tax credit under this section, and any	5107
information taken for any purpose from such statements or	5108
information, are not public records subject to section 149.43 of	5109
the Revised Code. However, the chairperson of the authority may	5110
make use of the statements and other information for purposes of	5111
issuing public reports or in connection with court proceedings	5112
concerning tax credit agreements under this section. Upon the	5113
request of the tax commissioner or, if the applicant or recipient	5114
is an insurance company, upon the request of the superintendent of	5115
insurance, the chairperson of the authority shall provide to the	5116
commissioner or superintendent any statement or information	5117
submitted by an applicant or recipient of a tax credit in	5118
connection with the credit. The commissioner or superintendent	5119
shall preserve the confidentiality of the statement or	5120
information.	5121

(H) A taxpayer claiming a credit under this section shall	5122
submit to the tax commissioner or, if the taxpayer is an insurance	5123
company, to the superintendent of insurance, a copy of the	5124
director of development's certificate of verification under	5125
division (D)(7) of this section with the taxpayer's tax report or	5126
return for the taxable year or for the calendar year that includes	5127
the tax period. Failure to submit a copy of the certificate with	5128
the report or return does not invalidate a claim for a credit if	5129
the taxpayer submits a copy of the certificate to the commissioner	5130
or superintendent within sixty days after the commissioner or	5131
superintendent requests it.	5132

(I) The director of development, after consultation with the	5133
tax commissioner and the superintendent of insurance and in	5134
accordance with Chapter 119. of the Revised Code, shall adopt	5135
rules necessary to implement this section. The rules may provide	5136
for recipients of tax credits under this section to be charged	5137
fees to cover administrative costs of the tax credit program. The	5138
fees collected shall be credited to the tax incentive programs	5139
operating fund created in section 122.174 of the Revised Code. At	5140
the time the director gives public notice under division (A) of	5141
section 119.03 of the Revised Code of the adoption of the rules,	5142
the director shall submit copies of the proposed rules to the	5143
chairpersons of the standing committees on economic development in	5144
the senate and the house of representatives.	5145

(J) For the purposes of this section, a taxpayer may include	5146
a partnership, a corporation that has made an election under	5147
subchapter S of chapter one of subtitle A of the Internal Revenue	5148
Code, or any other business entity through which income flows as a	5149
distributive share to its owners. A partnership, S-corporation, or	5150
other such business entity may elect to pass the credit received	5151
under this section through to the persons to whom the income or	5152
profit of the partnership, S-corporation, or other entity is	5153
distributed. The election shall be made on the annual report	5154
required under division (D)(6) of this section. The election	5155
applies to and is irrevocable for the credit for which the report	5156
is submitted. If the election is made, the credit shall be	5157
apportioned among those persons in the same proportions as those	5158
in which the income or profit is distributed.	5159

(K) If the director of development determines that a taxpayer	5160
who has received a credit under this section is not complying with	5161
the requirement under division (D)(3) of this section, the	5162
director shall notify the tax credit authority of the	5163
noncompliance. After receiving such a notice, and after giving the	5164
taxpayer an opportunity to explain the noncompliance, the tax	5165
credit authority may require the taxpayer to refund to this state	5166
a portion of the credit in accordance with the following:	5167

(1) If the taxpayer maintained operations at the project	5168
location for ~~at least one and one-half times the number of years~~	5169
~~of the term of the tax credit, an amount not exceeding twenty-five~~	5170
~~per cent of the sum of any previously allowed credits under this~~	5171
~~section;~~	5172

~~(2) If the taxpayer maintained operations at the project~~	5173
~~location for at least the number of years of the term of the tax~~	5174
~~credit, an amount not exceeding fifty per cent of the sum of any~~	5175
~~previously allowed credits under this section;~~	5176

~~(3) If the taxpayer maintained operations at the project~~	5177
~~location for less than the number of years of the term of the tax~~	5178
~~credit, an amount not exceeding one hundred per cent of the sum of~~	5179
~~any previously allowed credits under this section~~a period less	5180
than or equal to the term of the credit, an amount not exceeding	5181
one hundred per cent of the sum of any credits allowed and	5182
received under this section;	5183

(2) If the taxpayer maintained operations at the project	5184
location for a period longer than the term of the credit, but less	5185
than the greater of seven years or the term of the credit plus	5186
three years, an amount not exceeding seventy-five per cent of the	5187
sum of any credits allowed and received under this section.	5188

In determining the portion of the tax credit to be refunded	5189
to this state, the tax credit authority shall consider the effect	5190
of market conditions on the taxpayer's project and whether the	5191
taxpayer continues to maintain other operations in this state.	5192
After making the determination, the authority shall certify the	5193
amount to be refunded to the tax commissioner or superintendent of	5194
insurance, as appropriate. If the amount is certified to the	5195
commissioner, the commissioner shall make an assessment for that	5196
amount against the taxpayer under Chapter 5733., 5747., or 5751.	5197
of the Revised Code. If the amount is certified to the	5198
superintendent, the superintendent shall make an assessment for	5199
that amount against the taxpayer under Chapter 5725. or 5729. of	5200
the Revised Code. The time limitations on assessments under those	5201
chapters do not apply to an assessment under this division, but	5202
the commissioner or superintendent, as appropriate, shall make the	5203
assessment within one year after the date the authority certifies	5204
to the commissioner or superintendent the amount to be refunded.	5205

(L) On or before the ~~thirty-first~~first day of ~~March~~August	5206
each year, the director of development shall submit a report to	5207
the governor, the president of the senate, and the speaker of the	5208
house of representatives on the tax credit program under this	5209
section. The report shall include information on the number of	5210
agreements that were entered into under this section during the	5211
preceding calendar year, a description of the project that is the	5212
subject of each such agreement, and an update on the status of	5213
projects under agreements entered into before the preceding	5214
calendar year.	5215

(M) There is hereby created the tax credit authority, which	5216
consists of the director of development and four other members	5217
appointed as follows: the governor, the president of the senate,	5218
and the speaker of the house of representatives each shall appoint	5219
one member who shall be a specialist in economic development; the	5220
governor also shall appoint a member who is a specialist in	5221
taxation. Of the initial appointees, the members appointed by the	5222
governor shall serve a term of two years; the members appointed by	5223
the president of the senate and the speaker of the house of	5224
representatives shall serve a term of four years. Thereafter,	5225
terms of office shall be for four years. Initial appointments to	5226
the authority shall be made within thirty days after January 13,	5227
1993. Each member shall serve on the authority until the end of	5228
the term for which the member was appointed. Vacancies shall be	5229
filled in the same manner provided for original appointments. Any	5230
member appointed to fill a vacancy occurring prior to the	5231
expiration of the term for which the member's predecessor was	5232
appointed shall hold office for the remainder of that term.	5233
Members may be reappointed to the authority. Members of the	5234
authority shall receive their necessary and actual expenses while	5235
engaged in the business of the authority. The director of	5236
development shall serve as chairperson of the authority, and the	5237
members annually shall elect a vice-chairperson from among	5238
themselves. Three members of the authority constitute a quorum to	5239
transact and vote on the business of the authority. The majority	5240
vote of the membership of the authority is necessary to approve	5241
any such business, including the election of the vice-chairperson.	5242

The director of development may appoint a professional	5243
employee of the department of development to serve as the	5244
director's substitute at a meeting of the authority. The director	5245
shall make the appointment in writing. In the absence of the	5246
director from a meeting of the authority, the appointed substitute	5247
shall serve as chairperson. In the absence of both the director	5248
and the director's substitute from a meeting, the vice-chairperson	5249
shall serve as chairperson.	5250

(N) For purposes of the credits granted by this section	5251
against the taxes imposed under sections 5725.18 and 5729.03 of	5252
the Revised Code, "taxable year" means the period covered by the	5253
taxpayer's annual statement to the superintendent of insurance.	5254

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

5255

(1) "Capital investment project" means a plan of investment	5256
at a project site for the acquisition, construction, renovation,	5257
or repair of buildings, machinery, or equipment, or for	5258
capitalized costs of basic research and new product development	5259
determined in accordance with generally accepted accounting	5260
principles, but does not include any of the following:	5261

(a) Payments made for the acquisition of personal property	5262
through operating leases;	5263

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

5264

(c) Payments made to a related member as defined in section	5265
5733.042 of the Revised Code or to ~~an elected~~a consolidated	5266
elected taxpayer or a combined taxpayer as defined in section	5267
5751.01 of the Revised Code.	5268

(2) "Eligible business" means a ~~business~~taxpayer and its	5269
related members with Ohio operations satisfying all of the	5270
following:	5271

(a) ~~Employed an average of at least one thousand employees in~~	5272
~~full-time employment positions at a project site during each of~~	5273
~~the twelve months preceding the application for a tax credit under~~	5274
~~this section; and~~	5275

~~(b) On or after January 1, 2002, has made or has caused to be~~	5276
~~made payments for the capital investment project, including~~	5277
~~payments made by an unrelated third party entity as a result of a~~	5278
~~lease of not less than twenty years in term, of either of the~~	5279
~~following:~~	5280

~~(i) At least two hundred~~The taxpayer employs at least five	5281
hundred full-time equivalent employees at the time the tax credit	5282
authority grants the tax credit under this section;	5283

(b) The taxpayer makes or causes to be made payments for the	5284
capital investment project of either of the following:	5285

(i) If the taxpayer is engaged at the project site primarily	5286
as a manufacturer, at least fifty million dollars in the aggregate	5287
at the project site during a period of three consecutive calendar	5288
years, including the calendar year that includes a day of the	5289
taxpayer's taxable year or tax period with respect to which the	5290
credit is granted;	5291

(ii) If the ~~average wage of all full-time employment~~	5292
~~positions at the project site is greater than four hundred per~~	5293
~~cent of the federal minimum wage, at least one hundred~~taxpayer is	5294
engaged at the project site primarily in significant corporate	5295
administrative functions, as defined by the director of	5296
development by rule, at least twenty million dollars in the	5297
aggregate at the project site during a period of three	5298
consecutive calendar years including the calendar year that	5299
includes a day of the taxpayer's taxable year or tax period with	5300
respect to which the credit is granted.	5301

(c) ~~Is engaged at the project site primarily as a~~	5302
~~manufacturer or is providing significant corporate administrative~~	5303
~~functions. If the investment under division (A)(2)(b) of this~~	5304
~~section was made by a third party entity as a result of a lease of~~	5305
~~not less than twenty years in term, the project must include~~	5306
~~headquarters operations that are part of a mixed use development~~	5307
~~that includes at least two of the following: office, hotel,~~	5308
~~research and development, or retail facilities.~~	5309

~~(d) Has~~The taxpayer had a capital investment project	5310
reviewed and approved by the tax credit authority as provided in	5311
divisions (C), (D), and (E) of this section.	5312

(3) "Full-time ~~employment position" means a position of~~	5313
~~employment for consideration for at least an average of~~	5314
~~thirty-five hours a week that has been filled for at least one~~	5315
~~hundred eighty days immediately preceding the filing of an~~	5316
~~application under this section and for at least one hundred eighty~~	5317
~~days during each taxable year or each calendar year that includes~~	5318
~~a tax period with respect to which the credit is granted, or is~~	5319
~~employed in such position for consideration for such time, but is~~	5320
~~on active duty reserve or Ohio national guard service~~equivalent	5321
employees" means the quotient obtained by dividing the total	5322
number of hours for which employees were compensated for	5323
employment in the project by two thousand eighty. "Full-time	5324
equivalent employees" shall exclude hours that are counted for a	5325
credit under section 122.17 of the Revised Code.	5326

(4) "Income tax revenue" means the total amount withheld	5327
under section 5747.06 of the Revised Code by the taxpayer during	5328
the taxable year, or during the calendar year that includes the	5329
tax period, from the compensation of all employees employed in the	5330
project whose hours of compensation are included in calculating	5331
the number of full-time equivalent employees.	5332

~~(4)~~(5) "Manufacturer" has the same meaning as in section	5333
5739.011 of the Revised Code.	5334

~~(5)~~(6) "Project site" means an integrated complex of	5335
facilities in this state, as specified by the tax credit authority	5336
under this section, within a fifteen-mile radius where a taxpayer	5337
is primarily operating as an eligible business.	5338

~~(6) "Applicable corporation" means a corporation satisfying~~	5339
~~all of the following:~~	5340

~~(a)(i) For the entire taxable year immediately preceding the~~	5341
~~tax year, the corporation develops software applications primarily~~	5342
~~to provide telecommunication billing and information services~~	5343
~~through outsourcing or licensing to domestic or international~~	5344
~~customers.~~	5345

~~(ii) Sales and licensing of software generated at least six~~	5346
~~hundred million dollars in revenue during the taxable year~~	5347
~~immediately preceding the tax year the corporation is first~~	5348
~~entitled to claim the credit provided under division (B) of this~~	5349
~~section.~~	5350

~~(b) For the entire taxable year immediately preceding the tax~~	5351
~~year, the corporation or one or more of its related members~~	5352
~~provides customer or employee care and technical support for~~	5353
~~clients through one or more contact centers within this state, and~~	5354
~~the corporation and its related members together have a daily~~	5355
~~average, based on a three-hundred-sixty-five-day year, of at least~~	5356
~~five hundred thousand successful customer contacts through one or~~	5357
~~more of their contact centers, wherever located.~~	5358

~~(c) The corporation is eligible for the credit under division~~	5359
~~(B) of this section for the tax year.~~	5360

(7) "Related member" has the same meaning as in section	5361
5733.042 of the Revised Code as that section existed on the	5362
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	5363
general assembly, September 29, 1997.	5364

(8) ~~"Successful customer contact" means a contact with an end~~	5365
~~user via telephone, including interactive voice recognition or~~	5366
~~similar means, where the contact culminates in a conversation or~~	5367
~~connection other than a busy signal or equipment busy.~~	5368

~~(9) "Telecommunications" means all forms of~~	5369
~~telecommunications service as defined in section 5739.01 of the~~	5370
~~Revised Code, and includes services in wireless, wireline, cable,~~	5371
~~broadband, internet protocol, and satellite.~~	5372

~~(10)(a) "Applicable difference" means the difference between~~	5373
~~the tax for the tax year under Chapter 5733. of the Revised Code~~	5374
~~applying the law in effect for that tax year, and the tax for that~~	5375
~~tax year if section 5733.042 of the Revised Code applied as that~~	5376
~~section existed on the effective date of its amendment by Am. Sub.~~	5377
~~H.B. 215 of the 122nd general assembly, September 29, 1997,~~	5378
~~subject to division (A)(10)(b) of this section.~~	5379

~~(b) If the tax rate set forth in division (B) of section~~	5380
~~5733.06 of the Revised Code for the tax year is less than eight~~	5381
~~and one-half per cent, the tax calculated under division~~	5382
~~(A)(10)(a) of this section shall be computed by substituting a tax~~	5383
~~rate of eight and one-half per cent for the rate set forth in~~	5384
~~division (B) of section 5733.06 of the Revised Code for the tax~~	5385
~~year.~~	5386

~~(c) If the resulting difference is negative, the applicable~~	5387
~~tax difference for the tax year shall be zero~~"Taxable year"	5388
includes, in the case of a domestic or foreign insurance company,	5389
the calendar year ending on the thirty-first day of December	5390
preceding the day the superintendent of insurance is required to	5391
certify to the treasurer of state under section 5725.20 or 5729.05	5392
of the Revised Code the amount of taxes due from insurance	5393
companies.	5394

(B) The tax credit authority created under section 122.17 of	5395
the Revised Code may grant tax credits under this section for the	5396
purpose of fostering job retention in this state. Upon application	5397
by an eligible business and upon consideration of the	5398
recommendation of the director of budget and management, tax	5399
commissioner, the superintendent of insurance in the case of an	5400
insurance company, and director of development under division (C)	5401
of this section, the tax credit authority may grant to an eligible	5402
business a nonrefundable credit against the tax imposed by section	5403
5725.18, 5729.03, 5733.06, or 5747.02 of the Revised Code for a	5404
period up to fifteen taxable years and against the tax levied by	5405
Chapter 5751. of the Revised Code for a period of up to fifteen	5406
calendar years ~~provided, however, that if the project site is~~	5407
~~leased, the term of the tax credit cannot exceed the lesser of~~	5408
~~fifteen years or one-half the term of the lease, including any~~	5409
~~permitted renewal periods. The credit shall be in an amount not~~	5410
~~exceeding seventy-five per cent of the Ohio income tax withheld~~	5411
~~from the employees of the eligible business occupying full-time~~	5412
~~employment positions at the project site during the calendar year~~	5413
~~that includes the last day of such business' taxable year or tax~~	5414
~~period with respect to which the credit is granted. The amount of~~	5415
~~the credit shall not be based on the Ohio income tax withheld~~	5416
~~from full-time employees for a calendar year prior to the~~	5417
~~calendar year in which the minimum investment requirement~~	5418
~~referred to in division (A)(2)(b) of this section is completed~~.	5419
The credit amount for a taxable year or a calendar year that	5420
includes the tax period for which a credit may be claimed equals	5421
the income tax revenue for that year multiplied by the percentage	5422
specified in the agreement with the tax credit authority. The	5423
percentage may not exceed seventy-five per cent. The credit shall	5424
be claimed in the order required under section 5725.98, 5729.98,	5425
5733.98, or 5747.98 of the Revised Code. In determining the	5426
percentage and term of the credit, the tax credit authority shall	5427
consider both the number of full-time equivalent employees and the	5428
value of the capital investment project. The credit amount may not	5429
be based on the income tax revenue for a calendar year before the	5430
calendar year in which the tax credit authority specifies the tax	5431
credit is to begin, and the credit shall be claimed only for the	5432
taxable years or tax periods specified in the eligible business'	5433
agreement with the tax credit authority ~~under division (E) of this~~	5434
~~section, but in~~. In no event shall the credit be claimed for a	5435
taxable year or tax period terminating before the date specified	5436
in the agreement. Any credit granted under this section against	5437
the tax imposed by section 5733.06 or 5747.02 of the Revised	5438
Code, to the extent not fully utilized against such tax for	5439
taxable years ending prior to 2008, shall automatically be	5440
converted without any action taken by the tax credit authority to	5441
a credit against the tax levied under Chapter 5751. of the	5442
Revised Code for tax periods beginning on or after July 1, 2008,	5443
provided that the person to whom the credit was granted is	5444
subject to such tax. The converted credit shall apply to those	5445
calendar years in which the remaining taxable years specified in	5446
the agreement end.	5447

~~The credit computed under this division is in addition to any~~	5448
~~credit allowed under division (M) of this section, which the tax~~	5449
~~credit authority may also include in the agreement.~~	5450

Any unused portion of a tax credit may be carried forward for	5451
not more than three additional years after the year for which the	5452
credit is granted.	5453

(C) A taxpayer that proposes a capital investment project to	5454
retain jobs in this state may apply to the tax credit authority to	5455
enter into an agreement for a tax credit under this section. The	5456
director of development shall prescribe the form of the	5457
application. After receipt of an application, the authority shall	5458
forward copies of the application to the director of budget and	5459
management, the tax commissioner, the superintendent of insurance	5460
in the case of an insurance company, and the director of	5461
development, each of whom shall review the application to	5462
determine the economic impact the proposed project would have on	5463
the state and the affected political subdivisions and shall submit	5464
a summary of their determinations and recommendations to the	5465
authority.	5466

(D) Upon review of the determinations and recommendations	5467
described in division (C) of this section, the tax credit	5468
authority may enter into an agreement with the taxpayer for a	5469
credit under this section if the authority determines all of the	5470
following:	5471

(1) The taxpayer's capital investment project will result in	5472
the retention of ~~full-time~~ employment ~~positions~~ in this state.	5473

(2) The taxpayer is economically sound and has the ability to	5474
complete the proposed capital investment project.	5475

(3) The taxpayer intends to and has the ability to maintain	5476
operations at the project site for at least the greater of (a)	5477
the term of the credit plus three years, or (b) seven years.	5478

(4) Receiving the credit is a major factor in the taxpayer's	5479
decision to begin, continue with, or complete the project.	5480

~~(5) The political subdivisions in which the project is~~	5481
~~located have agreed to provide substantial financial support to~~	5482
~~the project.~~	5483

(E) An agreement under this section shall include all of the	5484
following:	5485

(1) A detailed description of the project that is the subject	5486
of the agreement, including the amount of the investment, the	5487
period over which the investment has been or is being made, ~~and~~	5488
the number of full-time ~~employment positions~~equivalent employees	5489
at the project site.	5490

~~(2) The method of calculating the number of full-time~~	5491
~~employment positions as specified in division (A)(3) of this~~	5492
~~section.~~	5493

~~(3) The term and percentage of the tax credit, and the first~~	5494
~~year for which the credit may be claimed.~~	5495

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

5496

(2) The term of the credit, the percentage of the tax credit,	5497
the maximum annual value of tax credits that may be allowed each	5498
year, and the first year for which the credit may be claimed.	5499

(3) A requirement that the taxpayer maintain operations at	5500
the project site for at least the greater of (a) the term of the	5501
credit plus three years, or (b) seven years.	5502

~~(5)~~(4) A requirement that the taxpayer retain a specified	5503
number of ~~full-time employment positions~~full-time equivalent	5504
employees at the project site and within this state for the term	5505
of the credit, including a requirement that the taxpayer continue	5506
to employ at least ~~one thousand employees in full-time employment~~	5507
~~positions at the project site during the entire term of any~~	5508
~~agreement, subject to division (E)(7) of this section.~~	5509

~~(6)~~five hundred full-time equivalent employees during the	5510
entire term of the agreement.	5511

(5) A requirement that the taxpayer annually report to the	5512
director of development ~~the number of full-time employment~~	5513
~~positions subject to the credit, the amount of tax withheld from~~	5514
~~employees in those positions, the amount of the payments made for~~	5515
~~the~~employment, tax withholding, capital investment ~~project~~, and	5516
~~any~~ other information the director needs to perform the director's	5517
duties under this section.	5518

~~(7)~~(6) A requirement that the director of development	5519
annually review the annual reports of the taxpayer to verify the	5520
information reported under division (E)~~(6)~~(5) of this section and	5521
compliance with the agreement. Upon verification, the director	5522
shall issue a certificate to the taxpayer stating that the	5523
information has been verified and identifying the amount of the	5524
credit for the taxable year or calendar year that includes the tax	5525
period. ~~Unless otherwise specified by the tax credit authority in~~	5526
~~a resolution and included as part of the agreement, the director~~	5527
~~shall not issue a certificate for any year in which the total~~	5528
~~number of filled full-time employment positions for each day of~~	5529
~~the calendar year divided by three hundred sixty-five is less~~	5530
~~than ninety per cent of the full-time employment positions~~	5531
~~specified in division (E)(5) of this section.~~ In determining the	5532
number of full-time ~~employment positions~~equivalent employees, no	5533
position shall be counted that is filled by an employee who is	5534
included in the calculation of a tax credit under section 122.17	5535
of the Revised Code.	5536

~~(8)(a) A provision requiring that the taxpayer, except as~~	5537
~~otherwise provided in division (E)(8)(b) of this section, shall~~	5538
~~not relocate employment positions from elsewhere in this state to~~	5539
~~the project site that is the subject of the agreement for the~~	5540
~~lesser of five years from the date the agreement is entered into~~	5541
~~or the number of years the taxpayer is entitled to claim the~~	5542
~~credit.~~	5543

~~(b) The taxpayer may relocate employment positions from~~	5544
~~elsewhere in this state to the project site that is the subject of~~	5545
~~the agreement if the director of development determines both of~~	5546
~~the following:~~	5547

~~(i) That the site from which the employment positions would~~	5548
~~be relocated is inadequate to meet market and industry~~	5549
~~conditions, expansion plans, consolidation plans, or other~~	5550
~~business considerations affecting the taxpayer;~~	5551

~~(ii) That~~(7) A provision providing that the taxpayer may not	5552
relocate a substantial number of employment positions from	5553
elsewhere in this state to the project site unless the director	5554
of development determines that the taxpayer notified the	5555
legislative authority of the county, township, or municipal	5556
corporation from which the employment positions would be	5557
relocated ~~has been notified of the relocation~~.	5558

For purposes of this section, the movement of an employment	5559
position from one political subdivision to another political	5560
subdivision shall be considered a relocation of an employment	5561
position unless the movement is confined to the project site. The	5562
transfer of an ~~individual employee~~employment position from one	5563
political subdivision to another political subdivision shall not	5564
be considered a relocation of an employment position ~~as long as~~	5565
~~the individual's employment position in the first political~~	5566
~~subdivision is refilled.~~	5567

~~(9)~~if the employment position in the first political	5568
subdivision is replaced by another employment position.	5569

(8) A waiver by the taxpayer of any limitations periods	5570
relating to assessments or adjustments resulting from the	5571
taxpayer's failure to comply with the agreement.	5572

(F) If a taxpayer fails to meet or comply with any condition	5573
or requirement set forth in a tax credit agreement, the tax credit	5574
authority may amend the agreement to reduce the percentage or term	5575
of the credit. The reduction of the percentage or term ~~shall take~~	5576
~~effect (1) in the taxable year immediately following the taxable~~	5577
~~year in which the authority amends the agreement or the director~~	5578
~~of development notifies the taxpayer in writing of such failure,~~	5579
~~or (2) in the first tax period beginning in the calendar year~~	5580
~~immediately following the calendar year in which the authority~~	5581
~~amends the agreement or the director notifies the taxpayer in~~	5582
~~writing of such failure. If the taxpayer fails to annually report~~	5583
~~any of the information required by division (E)(6) of this section~~	5584
~~within the time required by the director, the reduction of the~~	5585
~~percentage or term may take effect in the current taxable year. If~~	5586
~~the taxpayer relocates employment positions in violation of the~~	5587
~~provision required under division (E)(8)(a) of this section, the~~	5588
~~taxpayer shall not claim the tax credit under section 5733.0610~~	5589
~~of the Revised Code for any tax years following the calendar~~	5590
~~year in which the relocation occurs, shall not claim the tax~~	5591
~~credit under section 5747.058 of the Revised Code for the~~	5592
~~taxable year in which the relocation occurs and any subsequent~~	5593
~~taxable years, and shall not claim the tax credit under~~	5594
~~division (A) of section 5751.50 of the Revised Code for the tax~~	5595
~~period in which the relocation occurs and any subsequent tax~~	5596
~~periods~~may take effect in the current taxable or calendar year.	5597

(G) Financial statements and other information submitted to	5598
the department of development or the tax credit authority by an	5599
applicant for or recipient of a tax credit under this section, and	5600
any information taken for any purpose from such statements or	5601
information, are not public records subject to section 149.43 of	5602
the Revised Code. However, the chairperson of the authority may	5603
make use of the statements and other information for purposes of	5604
issuing public reports or in connection with court proceedings	5605
concerning tax credit agreements under this section. Upon the	5606
request of the tax commissioner, or the superintendent of	5607
insurance in the case of an insurance company, the chairperson of	5608
the authority shall provide to the commissioner or superintendent	5609
any statement or other information submitted by an applicant for	5610
or recipient of a tax credit in connection with the credit. The	5611
commissioner or superintendent shall preserve the confidentiality	5612
of the statement or other information.	5613

(H) A taxpayer claiming a tax credit under this section shall	5614
submit to the tax commissioner or, in the case of an insurance	5615
company, to the superintendent of insurance, a copy of the	5616
director of development's certificate of verification under	5617
division (E)~~(7)~~(6) of this section with the taxpayer's tax report	5618
or return for the taxable year or for the calendar year that	5619
includes the tax period. Failure to submit a copy of the	5620
certificate with the report or return does not invalidate a claim	5621
for a credit if the taxpayer submits a copy of the certificate to	5622
the commissioner or superintendent within sixty days after the	5623
commissioner or superintendent requests it.	5624

(I) For the purposes of this section, a taxpayer may include	5625
a partnership, a corporation that has made an election under	5626
subchapter S of chapter one of subtitle A of the Internal Revenue	5627
Code, or any other business entity through which income flows as a	5628
distributive share to its owners. A partnership, S-corporation, or	5629
other such business entity may elect to pass the credit received	5630
under this section through to the persons to whom the income or	5631
profit of the partnership, S-corporation, or other entity is	5632
distributed. The election shall be made on the annual report	5633
required under division (E)~~(6)~~(5) of this section. The election	5634
applies to and is irrevocable for the credit for which the report	5635
is submitted. If the election is made, the credit shall be	5636
apportioned among those persons in the same proportions as those	5637
in which the income or profit is distributed.	5638

(J) If the director of development determines that a taxpayer	5639
that received a tax credit under this section is not complying	5640
with the requirement under division (E)~~(4)~~(3) of this section, the	5641
director shall notify the tax credit authority of the	5642
noncompliance. After receiving such a notice, and after giving the	5643
taxpayer an opportunity to explain the noncompliance, the	5644
authority may terminate the agreement and require the taxpayer to	5645
refund to the state all or a portion of the credit claimed in	5646
previous years, as follows:	5647

(1) If the taxpayer maintained operations at the project site	5648
for less than or equal to the term of the credit, ~~the amount~~	5649
~~required to be refunded shall not exceed the amount~~an amount not	5650
to exceed one hundred per cent of the sum of any tax credits	5651
~~previously~~ allowed and received under this section.	5652

(2) If the taxpayer maintained operations at the project site	5653
longer than the term of the credit, but less than the greater of	5654
(a) the term of the credit plus three years, or (b) seven years,	5655
the amount required to be refunded shall not exceed ~~fifty~~	5656
seventy-five per cent of the sum of any tax credits ~~previously~~	5657
allowed and received under this section.	5658

In determining the portion of the credit to be refunded to	5659
this state, the authority shall consider the effect of market	5660
conditions on the taxpayer's project and whether the taxpayer	5661
continues to maintain other operations in this state. After making	5662
the determination, the authority shall certify the amount to be	5663
refunded to the tax commissioner~~. The~~or the superintendent of	5664
insurance. If the taxpayer is not an insurance company, the	5665
commissioner shall make an assessment for that amount against the	5666
taxpayer under Chapter 5733., 5747., or 5751. of the Revised	5667
Code. If the taxpayer is an insurance company, the superintendent	5668
of insurance shall make an assessment under section 5725.222 or	5669
5729.102 of the Revised Code. The time limitations on assessments	5670
under those chapters and sections do not apply to an assessment	5671
under this division, but the commissioner or superintendent shall	5672
make the assessment within one year after the date the authority	5673
certifies to the commissioner or superintendent the amount to be	5674
refunded.	5675

~~If the director of development determines that a taxpayer~~	5676
~~that received a tax credit under this section has reduced the~~	5677
~~number of employees agreed to under division (E)(5) of this~~	5678
~~section by more than ten per cent, the director shall notify the~~	5679
~~tax credit authority of the noncompliance. After receiving such~~	5680
~~notice, and after providing the taxpayer an opportunity to explain~~	5681
~~the noncompliance, the authority may amend the agreement to reduce~~	5682
~~the percentage or term of the tax credit. The reduction in the~~	5683
~~percentage or term shall take effect in the taxable year, or in~~	5684
~~the calendar year that includes the tax period, in which the~~	5685
~~authority amends the agreement.~~	5686

(K) The director of development, after consultation with the	5687
tax commissioner and the superintendent of insurance and in	5688
accordance with Chapter 119. of the Revised Code, shall adopt	5689
rules necessary to implement this section. The rules may provide	5690
for recipients of tax credits under this section to be charged	5691
fees to cover administrative costs of the tax credit program. The	5692
fees collected shall be credited to the tax incentive programs	5693
operating fund created in section 122.174 of the Revised Code. At	5694
the time the director gives public notice under division (A) of	5695
section 119.03 of the Revised Code of the adoption of the rules,	5696
the director shall submit copies of the proposed rules to the	5697
chairpersons of the standing committees on economic development	5698
in the senate and the house of representatives.	5699

(L) On or before the ~~thirty-first~~first day of ~~March~~August	5700
of each year, the director of development shall submit a report to	5701
the governor, the president of the senate, and the speaker of the	5702
house of representatives on the tax credit program under this	5703
section. The report shall include information on the number of	5704
agreements that were entered into under this section during the	5705
preceding calendar year, a description of the project that is the	5706
subject of each such agreement, and an update on the status of	5707
projects under agreements entered into before the preceding	5708
calendar year.	5709

(M)~~(1) A nonrefundable credit shall be allowed to an~~	5710
~~applicable corporation and its related members in an amount equal~~	5711
~~to the applicable difference. The credit is in addition to the~~	5712
~~credit granted to the corporation or related members under~~	5713
~~division (B) of this section. The credit is subject to divisions~~	5714
~~(B) to (E) and division (J) of this section.~~	5715

~~(2) A person qualifying as an applicable corporation under~~	5716
~~this section for a tax year does not necessarily qualify as an~~	5717
~~applicable corporation for any other tax year. No person is~~	5718
~~entitled to the credit allowed under division (M) of this section~~	5719
~~for the tax year immediately following the taxable year during~~	5720
~~which the person fails to meet the requirements in divisions~~	5721
~~(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled~~	5722
~~to the credit allowed under division (M) of this section for any~~	5723
~~tax year for which the person is not eligible for the credit~~	5724
~~provided under division (B) of this section.~~The aggregate amount	5725
of tax credits issued under this section during any calendar year	5726
for capital investment projects reviewed and approved by the tax	5727
credit authority may not exceed the following amounts:	5728

(1) For 2010, thirteen million dollars;

5729

(2) For 2011 through 2023, the amount of the limit for the	5730
preceding calendar year plus thirteen million dollars;	5731

(3) For 2024 and each year thereafter, one hundred	5732
ninety-five million dollars.	5733

The foregoing annual limitations do not apply to credits for	5734
capital investment projects approved by the tax credit authority	5735
before July 1, 2009.	5736

Sec. 122.40. (A) There is hereby created the development	5737
financing advisory council to assist in carrying out the programs	5738
created pursuant to sections 122.39 to 122.62 and Chapter 166. of	5739
the Revised Code.	5740

(B) The council shall consist of ~~seven~~eight members	5741
appointed by the governor, with the advice and consent of the	5742
senate, who are selected for their knowledge of and experience in	5743
economic development financing, one member of the senate appointed	5744
by the president of the senate, one member of the house of	5745
representatives appointed by the speaker of the house of	5746
representatives, and the director of development or the director's	5747
designee. With respect to the council:	5748

(1) No more than four members of the council appointed by the	5749
governor shall be members of the same political party.	5750

(2) Each member shall hold office from the date of the	5751
member's appointment until the end of the term for which the	5752
member was appointed.	5753

(3) The terms of office for the ~~seven~~eight members appointed	5754
by the governor shall be for five years commencing on the first	5755
day of January and ending on the thirty-first day of December. The	5756
~~seven~~ members appointed by the governor who are serving terms of	5757
office of seven years on December 30, 2004, shall continue to	5758
serve those terms, but their successors in office, including the	5759
filling of a vacancy occurring prior to the expiration of those	5760
terms, shall be appointed for terms of five years in accordance	5761
with this division.	5762

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

5763

(5) As a term of a member of the council appointed by the	5764
governor expires, the governor shall appoint a successor with the	5765
advice and consent of the senate.	5766

(6) Except as otherwise provided in division (B)(3) of this	5767
section, any member appointed to fill a vacancy occurring prior to	5768
the expiration of the term for which the member's predecessor was	5769
appointed shall hold office for the remainder of the predecessor's	5770
term.	5771

(7) Any member shall continue in office subsequent to the	5772
expiration date of the member's term until the member's successor	5773
takes office, or until a period of sixty days has elapsed,	5774
whichever occurs first.	5775

(8) Before entering upon duties as a member of the council,	5776
each member shall take an oath provided by Section 7 of Article	5777
XV, Ohio Constitution.	5778

(9) The governor may, at any time, remove any nonlegislative	5779
member pursuant to section 3.04 of the Revised Code.	5780

(10) Members of the council, notwithstanding section 101.26	5781
of the Revised Code with respect to members who are members of the	5782
general assembly, shall receive their necessary and actual	5783
expenses while engaged in the business of the council and shall be	5784
paid at the per diem rate of step 1, pay range 31, of section	5785
124.15 of the Revised Code.	5786

(11) Six members of the council constitute a quorum and the	5787
affirmative vote of ~~six~~a majority of members present at a meeting	5788
of the council where a quorum is present is necessary for any	5789
action taken by the council.	5790

(12) In the event of the absence of a member appointed by the	5791
president of the senate or by the speaker of the house of	5792
representatives, the following persons may serve in the member's	5793
absence: the president of the senate or the speaker of the house,	5794
as the case may be, or a member of the senate or of the house of	5795
representatives, of the same political party as the development	5796
financing advisory council member, designated by the president of	5797
the senate or the speaker of the house.	5798

Sec. 122.603. (A)(1) Upon approval by the director of	5799
development and after entering into a participation agreement with	5800
the department of development, a participating financial	5801
institution making a capital access loan shall establish a program	5802
reserve account. The account shall be an interest-bearing account	5803
and shall contain only moneys deposited into it under the program	5804
and the interest payable on the moneys in the account.	5805

(2) All interest payable on the moneys in the program reserve	5806
account shall be added to the moneys and held as an additional	5807
loss reserve. The director may require that a portion or all of	5808
the accrued interest so held in the account be released to the	5809
department. If the director causes a release of accrued interest,	5810
the director shall deposit the released amount into the capital	5811
access loan program fund created in section 122.601 of the Revised	5812
Code. The director shall not require the release of that accrued	5813
interest more than twice in a fiscal year.	5814

(B) When a participating financial institution makes a	5815
capital access loan, it shall require the eligible business to pay	5816
to the participating financial institution a fee in an amount that	5817
is not less than one and one-half per cent, and not more than	5818
three per cent, of the principal amount of the loan. The	5819
participating financial institution shall deposit the fee into its	5820
program reserve account, and it also shall deposit into the	5821
account an amount of its own funds equal to the amount of the fee.	5822
The participating financial institution may recover from the	5823
eligible business all or part of the amount that the participating	5824
financial institution is required to deposit into the account	5825
under this division in any manner agreed to by the participating	5826
financial institution and the eligible business.	5827

(C) For each capital access loan made by a participating	5828
financial institution, the participating financial institution	5829
shall certify to the director, within a period specified by the	5830
director, that the participating financial institution has made	5831
the loan. The certification shall include the amount of the loan,	5832
the amount of the fee received from the eligible business, the	5833
amount of its own funds that the participating financial	5834
institution deposited into its program reserve account to reflect	5835
that fee, and any other information specified by the director. The	5836
certification also shall indicate if the eligible business	5837
receiving the capital access loan is a minority business	5838
enterprise as defined in section 122.71 of the Revised Code.	5839

(D)(1)(a) Upon receipt of each of the first three	5840
certifications from a participating financial institution made	5841
under division (C) of this section and subject to section 122.602	5842
of the Revised Code, the director shall disburse to the	5843
participating financial institution from the capital access loan	5844
program fund an amount equal to fifty per cent of the principal	5845
amount of the particular capital access loan for deposit into the	5846
participating financial institution's program reserve account.	5847
Thereafter, upon receipt of a certification from that	5848
participating financial institution made under division (C) of	5849
this section and subject to section 122.602 of the Revised Code,	5850
the director shall disburse to the participating financial	5851
institution from the capital access loan program fund an amount	5852
equal to ten per cent of the principal amount of the particular	5853
capital access loan for deposit into the participating financial	5854
institution's program reserve account. ~~The~~	5855

(b) Notwithstanding division (D)(1)(a) of this section, and	5856
subject to section 122.602 of the Revised Code, upon receipt of	5857
any certification from a participating financial institution made	5858
under division (C) of this section with respect to a capital	5859
access loan made to an eligible business that is a minority	5860
business enterprise, the director shall disburse to the	5861
participating financial institution from the capital access loan	5862
program fund an amount equal to eighty per cent of the principal	5863
amount of the particular capital access loan for deposit into the	5864
participating financial institution's program reserve account.	5865

(2) The disbursement of moneys from the fund to a	5866
participating financial institution does not require approval from	5867
the controlling board.	5868

(E) If the amount in a program reserve account exceeds an	5869
amount equal to thirty-three per cent of a participating financial	5870
institution's outstanding capital access loans, the department may	5871
cause the withdrawal of the excess amount and the deposit of the	5872
withdrawn amount into the capital access loan program fund.	5873

(F)(1) The department may cause the withdrawal of the total	5874
amount in a participating financial institution's program reserve	5875
account if any of the following applies:	5876

(a) The financial institution is no longer eligible to	5877
participate in the program.	5878

(b) The participation agreement expires without renewal by	5879
the department or the financial institution.	5880

(c) The financial institution has no outstanding capital	5881
access loans.	5882

(d) The financial institution has not made a capital access	5883
loan within the preceding twenty-four months.	5884

(2) If the department causes a withdrawal under division	5885
(F)(1) of this section, the department shall deposit the withdrawn	5886
amount into the capital access loan program fund.	5887

Sec. 122.71. As used in sections 122.71 to 122.83 of the	5888
Revised Code:	5889

(A) "Financial institution" means any banking corporation,	5890
trust company, insurance company, savings and loan association,	5891
building and loan association, or corporation, partnership,	5892
federal lending agency, foundation, or other institution engaged	5893
in lending or investing funds for industrial or business purposes.	5894

(B) "Project" means any real or personal property connected	5895
with or being a part of an industrial, distribution, commercial,	5896
or research facility to be acquired, constructed, reconstructed,	5897
enlarged, improved, furnished, or equipped, or any combination	5898
thereof, with the aid provided under sections 122.71 to 122.83 of	5899
the Revised Code, for industrial, commercial, distribution, and	5900
research development of the state.	5901

(C) "Mortgage" means the lien imposed on a project by a	5902
mortgage on real property, or by financing statements on personal	5903
property, or a combination of a mortgage and financing statements	5904
when a project consists of both real and personal property.	5905

(D) "Mortgagor" means the principal user of a project or the	5906
person, corporation, partnership, or association unconditionally	5907
guaranteeing performance by the principal user of its obligations	5908
under the mortgage.	5909

(E)(1) "Minority business enterprise" means an individual who	5910
is a United States citizen and owns and controls a business, or a	5911
partnership, corporation, or joint venture of any kind that is	5912
owned and controlled by United States citizens, which citizen or	5913
citizens are residents of this state and are members of one of the	5914
following economically disadvantaged groups: Blacks or African	5915
Americans, American Indians, Hispanics or Latinos, and Asians.	5916

(2) "Owned and controlled" means that at least fifty-one per	5917
cent of the business, including corporate stock if a corporation,	5918
is owned by persons who belong to one or more of the groups set	5919
forth in division (E)(1) of this section, and that those owners	5920
have control over the management and day-to-day operations of the	5921
business and an interest in the capital, assets, and profits and	5922
losses of the business proportionate to their percentage of	5923
ownership. In order to qualify as a minority business enterprise,	5924
a business shall have been owned and controlled by those persons	5925
at least one year prior to being awarded a contract pursuant to	5926
this section.	5927

(F) "Community improvement corporation" means a corporation	5928
organized under Chapter 1724. of the Revised Code.	5929

(G) "Ohio development corporation" means a corporation	5930
organized under Chapter 1726. of the Revised Code.	5931

(H) "Minority contractors business assistance organization"	5932
means an entity engaged in the provision of management and	5933
technical business assistance to minority business enterprise	5934
entrepreneurs.	5935

(I) "Minority business supplier development council" means a	5936
nonprofit organization established as an affiliate of the national	5937
minority supplier development council.	5938

(J) "Regional economic development entity" means an entity	5939
that is under contract with the director of development to	5940
administer a loan program under this chapter in a particular area	5941
of the state.	5942

(K) "Community development corporation" means a corporation	5943
organized under Chapter 1702. of the Revised Code that consists of	5944
residents of the community and business and civic leaders and that	5945
has as a principal purpose one or more of the following: the	5946
revitalization and development of a low- to moderate-income	5947
neighborhood or community; the creation of jobs for low- to	5948
moderate-income residents; the development of commercial	5949
facilities and services; providing training, technical assistance,	5950
and financial assistance to small businesses; and planning,	5951
developing, or managing low-income housing or other community	5952
development activities.	5953

Sec. 122.751. The minority development financing advisory	5954
board or a regional economic development entity shall only	5955
consider an application for a loan from any applicant after a	5956
determination that the applicant is a community development	5957
corporation, or after a certification by the equal employment	5958
opportunity coordinator of the department of administrative	5959
services under division (B)(1) of section 123.151 of the Revised	5960
Code that the applicant is a minority business enterprise, or	5961
after a certification by the minority business supplier	5962
development council that the applicant is a minority business, and	5963
that the applicant satisfies all criteria regarding eligibility	5964
for assistance pursuant to section 122.76 of the Revised Code.	5965

Sec. 122.76. (A) The director of development, with	5966
controlling board approval, may lend funds to minority business	5967
enterprises and to community improvement corporations, Ohio	5968
development corporations, minority contractors business assistance	5969
organizations, and minority business supplier development councils	5970
for the purpose of loaning funds to minority business enterprises	5971
and for the purpose of procuring or improving real or personal	5972
property, or both, for the establishment, location, or expansion	5973
of industrial, distribution, commercial, or research facilities in	5974
the state, and to community development corporations that	5975
predominantly benefit minority business enterprises or are located	5976
in a census tract that has a population that is sixty per cent or	5977
more minority if the director determines, in the director's sole	5978
discretion, that all of the following apply:	5979

(1) The project is economically sound and will benefit the	5980
people of the state by increasing opportunities for employment, by	5981
strengthening the economy of the state, or expanding minority	5982
business enterprises.	5983

(2) The proposed minority business enterprise borrower is	5984
unable to finance the proposed project through ordinary financial	5985
channels at comparable terms.	5986

(3) The value of the project is or, upon completion, will be	5987
at least equal to the total amount of the money expended in the	5988
procurement or improvement of the project, and one or more	5989
financial institutions or other governmental entities have loaned	5990
not less than thirty per cent of that amount.	5991

(4) The amount to be loaned by the director will not exceed	5992
sixty per cent of the total amount expended in the procurement or	5993
improvement of the project.	5994

(5) The amount to be loaned by the director will be	5995
adequately secured by a first or second mortgage upon the project	5996
or by mortgages, leases, liens, assignments, or pledges on or of	5997
other property or contracts as the director requires, and such	5998
mortgage will not be subordinate to any other liens or mortgages	5999
except the liens securing loans or investments made by financial	6000
institutions referred to in division (A)(3) of this section, and	6001
the liens securing loans previously made by any financial	6002
institution in connection with the procurement or expansion of all	6003
or part of a project.	6004

(B) Any proposed minority business enterprise borrower	6005
submitting an application for assistance under this section shall	6006
not have defaulted on a previous loan from the director, and no	6007
full or limited partner, major shareholder, or holder of an equity	6008
interest of the proposed minority business enterprise borrower	6009
shall have defaulted on a loan from the director.	6010

(C) The proposed minority business enterprise borrower shall	6011
demonstrate to the satisfaction of the director that it is able to	6012
successfully compete in the private sector if it obtains the	6013
necessary financial, technical, or managerial support and that	6014
support is available through the director, the minority business	6015
development office of the department of development, or other	6016
identified and acceptable sources. In determining whether a	6017
minority business enterprise borrower will be able to successfully	6018
compete, the director may give consideration to such factors as	6019
the successful completion of or participation in courses of study,	6020
recognized by the board of regents as providing financial,	6021
technical, or managerial skills related to the operation of the	6022
business, by the economically disadvantaged individual, owner, or	6023
partner, and the prior success of the individual, owner, or	6024
partner in personal, career, or business activities, as well as to	6025
other factors identified by the director.	6026

(D) The director shall not lend funds for the purpose of	6027
procuring or improving motor vehicles or accounts receivable.	6028

Sec. 122.85. (A) As used in this section and in sections	6029
5733.59 and 5747.66 of the Revised Code:	6030

(1) "Tax credit-eligible production" means a motion picture	6031
production certified by the director of development under division	6032
(B) of this section as qualifying the motion picture company for a	6033
tax credit under section 5733.59 or 5747.66 of the Revised Code.	6034

(2) "Certificate owner" means a motion picture company to	6035
which a tax credit certificate is issued.	6036

(3) "Motion picture company" means an individual,	6037
corporation, partnership, limited liability company, or other form	6038
of business association producing a motion picture.	6039

(4) "Eligible production expenditures" means expenditures	6040
made after the effective date of the enactment of this section by	6041
H.B. 1 of the 128th general assembly for goods or services	6042
purchased and consumed in this state by a motion picture company	6043
directly for the production of a tax credit-eligible production.	6044

"Eligible production expenditures" includes, but is not	6045
limited to, expenditures for resident and nonresident cast and	6046
crew wages, accommodations, costs of set construction and	6047
operations, editing and related services, photography, sound	6048
synchronization, lighting, wardrobe, makeup and accessories, film	6049
processing, transfer, sound mixing, special and visual effects,	6050
music, location fees, and the purchase or rental of facilities and	6051
equipment.	6052

(5) "Motion picture" means entertainment content created in	6053
whole or in part within this state for distribution or exhibition	6054
to the general public, including, but not limited to,	6055
feature-length films; documentaries; long-form, specials,	6056
miniseries, series, and interstitial television programming;	6057
interactive web sites; sound recordings; videos; music videos;	6058
interactive television; interactive games; videogames;	6059
commercials; any format of digital media; and any trailer, pilot,	6060
video teaser, or demo created primarily to stimulate the sale,	6061
marketing, promotion, or exploitation of future investment in	6062
either a product or a motion picture by any means and media in any	6063
digital media format, film, or videotape, provided the motion	6064
picture qualifies as a motion picture. "Motion picture" does not	6065
include any television program created primarily as news,	6066
weather, or financial market reports, a production featuring	6067
current events or sporting events, an awards show or other gala	6068
event, a production whose sole purpose is fundraising, a long-form	6069
production that primarily markets a product or service or in-house	6070
corporate advertising or other similar productions, a production	6071
for purposes of political advocacy, or any production for which	6072
records are required to be maintained under 18 U.S.C. 2257 with	6073
respect to sexually explicit content.	6074

(B) For the purpose of encouraging and developing a strong	6075
film industry in this state, the director of development may	6076
certify a motion picture produced by a motion picture company as	6077
a tax credit-eligible production. In the case of a television	6078
series, the director may certify the production of each episode	6079
of the series as a separate tax credit-eligible production. A	6080
motion picture company shall apply for certification of a motion	6081
picture as a tax credit-eligible production on a form and in the	6082
manner prescribed by the director. Each application shall	6083
include the following information:	6084

(1) The name and telephone number of the motion picture	6085
production company;	6086

(2) The name and telephone number of the company's contact	6087
person;	6088

(3) A list of the first preproduction date through the last	6089
production date in Ohio;	6090

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

6091

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

6092

(6) The total budgeted eligible production expenditures and	6093
the percentage that amount is of the total production budget of	6094
the motion picture;	6095

(7) The total percentage of the motion picture being shot in	6096
Ohio;	6097

(8) The level of employment of cast and crew who reside in	6098
Ohio;	6099

(9) A synopsis of the script;

6100

(10) The shooting script;

6101

(11) A creative elements list that includes the names of the	6102
principal cast and crew and the producer and director;	6103

(12) The motion picture's distribution plan, including	6104
domestic and international distribution, and sales estimates for	6105
the picture;	6106

(13) Documentation of financial ability to undertake and	6107
complete the motion picture;	6108

(14) Estimated value of the tax credit based upon total	6109
budgeted eligible production expenditures;	6110

(15) Any other information considered necessary by the	6111
director.	6112

Within ninety days after certification of a motion picture as	6113
a tax credit-eligible production, and any time thereafter upon the	6114
director's request, the motion picture company shall present to	6115
the director of development sufficient evidence of reviewable	6116
progress. If the motion picture company fails to present	6117
sufficient evidence, the director of development may rescind the	6118
certification. Upon rescission, the director shall notify the	6119
applicant that the certification has been rescinded. Nothing in	6120
this section prohibits an applicant whose tax credit-eligible	6121
production certification has been rescinded from submitting a	6122
subsequent application for certification.	6123

(C)(1) A motion picture company whose motion picture has been	6124
certified as a tax credit-eligible production may apply to the	6125
director of development on or after July 1, 2009, for a refundable	6126
credit against the tax imposed by section 5733.06 or 5747.02 of	6127
the Revised Code. The director in consultation with the tax	6128
commissioner shall prescribe the form and manner of the	6129
application and the information or documentation required to be	6130
submitted with the application.	6131

The credit is determined as follows:

6132

(a) If the total budgeted eligible production expenditures	6133
stated in the application submitted under division (B) of this	6134
section or the actual eligible production expenditures as finally	6135
determined under division (D) of this section, whichever is least,	6136
is less than or equal to three hundred thousand dollars, no	6137
credit is allowed;	6138

(b) If the total budgeted eligible production expenditures	6139
stated in the application submitted under division (B) of this	6140
section or the actual eligible production expenditures as finally	6141
determined under division (D) of this section, whichever is least,	6142
is greater than three hundred thousand dollars, the credit equals	6143
the sum of the following, subject to the limitation in division	6144
(C)(4) of this section:	6145

(i) Twenty-five per cent of the least of such budgeted or	6146
actual eligible expenditure amounts excluding budgeted or actual	6147
eligible expenditures for resident cast and crew wages;	6148

(ii) Thirty-five per cent of budgeted or actual eligible	6149
expenditures for resident cast and crew wages.	6150

(2) Except as provided in division (C)(4) of this section, if	6151
the director of development approves a motion picture company's	6152
application for a credit, the director shall issue a tax credit	6153
certificate to the company. The director in consultation with the	6154
tax commissioner shall prescribe the form and manner of issuing	6155
certificates. The director shall assign a unique identifying	6156
number to each tax credit certificate and shall record the	6157
certificate in a register devised and maintained by the director	6158
for that purpose. The certificate shall state the amount of the	6159
eligible production expenditures on which the credit is based and	6160
the amount of the credit. Upon the issuance of a certificate, the	6161
director shall certify to the tax commissioner the name of the	6162
applicant, the amount of eligible production expenditures shown on	6163
the certificate, and any other information required by the rules	6164
adopted to administer this section.	6165

(3) The amount of eligible production expenditures for which	6166
a tax credit may be claimed is subject to inspection and	6167
examination by the tax commissioner or employees of the	6168
commissioner under section 5703.19 of the Revised Code and any	6169
other applicable law. Once the eligible production expenditures	6170
are finally determined under section 5703.19 of the Revised Code	6171
and division (D) of this section, the credit amount is not subject	6172
to adjustment unless the director determines an error was	6173
committed in the computation of the credit amount.	6174

(4) No tax credit certificate may be issued before the	6175
completion of the tax credit-eligible production. Not more than	6176
twenty million dollars of tax credit may be allowed per fiscal	6177
biennium, and not more than ten million dollars may be allowed in	6178
the first year of the biennium. Not more than five million dollars	6179
of tax credit may be allowed per tax credit-eligible production.	6180

(D) A motion picture company whose motion picture has been	6181
certified as a tax credit-eligible production shall engage, at the	6182
company's expense, an independent certified public accountant to	6183
examine the company's production expenditures to identify the	6184
expenditures that qualify as eligible production expenditures. The	6185
certified public accountant shall issue a report to the company	6186
and to the director of development certifying the company's	6187
eligible production expenditures and any other information	6188
required by the director. Upon receiving and examining the report,	6189
the director may disallow any expenditure the director determines	6190
is not an eligible production expenditure. If the director	6191
disallows an expenditure, the director shall issue a written	6192
notice to the motion picture production company stating that the	6193
expenditure is disallowed and the reason for the disallowance.	6194
Upon examination of the report and disallowance of any	6195
expenditures, the director shall determine finally the lesser of	6196
the total budgeted eligible production expenditures stated in the	6197
application submitted under division (B) of this section or the	6198
actual eligible production expenditures for the purpose of	6199
computing the amount of the credit.	6200

(E) No credit shall be allowed under section 5733.59 or	6201
5747.66 of the Revised Code unless the director has reviewed the	6202
report and made the determination prescribed by division (D) of	6203
this section.	6204

(F) This state reserves the right to refuse the use of this	6205
state's name in the credits of any tax credit-eligible motion	6206
picture production.	6207

(G)(1) The director of development in consultation with the	6208
tax commissioner shall adopt rules for the administration of this	6209
section, including rules setting forth and governing the criteria	6210
for determining whether a motion picture production is a tax	6211
credit-eligible production; activities that constitute the	6212
production of a motion picture; reporting sufficient evidence of	6213
reviewable progress; expenditures that qualify as eligible	6214
production expenditures; a competitive process for approving	6215
credits; and consideration of geographic distribution of credits.	6216
The rules shall be adopted under Chapter 119. of the Revised Code.	6217

(2) The director may require a reasonable application fee to	6218
cover administrative costs of the tax credit program. The fees	6219
collected shall be credited to the motion picture tax credit	6220
program operating fund, which is hereby created in the state	6221
treasury. The motion picture tax credit program operating fund	6222
shall consist of all grants, gifts, fees, and contributions made	6223
to the director of development for marketing and promotion of the	6224
motion picture industry within this state. The director of	6225
development shall use money in the fund to pay expenses related to	6226
the administration of the Ohio film office and the credit	6227
authorized by this section and sections 5733.59 and 5747.66 of the	6228
Revised Code.	6229

Sec. 122.89. (A) The director of development may execute	6230
bonds as surety for minority businesses as principals, on	6231
contracts with the state, any political subdivision or	6232
instrumentality thereof, or any person as the obligee. The	6233
director as surety may exercise all the rights and powers of a	6234
company authorized by the department of insurance to execute bonds	6235
as surety but shall not be subject to any requirements of a surety	6236
company under Title XXXIX of the Revised Code nor to any rules of	6237
the department of insurance.	6238

(B) The director, with the advice of the minority development	6239
financing advisory board, shall adopt rules under Chapter 119. of	6240
the Revised Code establishing procedures for application for	6241
surety bonds by minority businesses and for review and approval of	6242
applications. The board shall review each application in	6243
accordance with the rules and, based on the bond worthiness of	6244
each applicant, shall refer all qualified applicants to the	6245
director. Based on the recommendation of the board, the director	6246
shall determine whether or not the applicant shall receive	6247
bonding.	6248

(C) ~~The rules of the board shall provide that the minority~~	6249
~~business, in order to make an application for a bond to the~~	6250
~~director, shall submit documentation, as the director requires, to~~	6251
~~demonstrate either that a minority business shall have been denied~~	6252
~~a bond by two surety companies or that the minority business has~~	6253
~~applied to two surety companies for a bond and, at the expiration~~	6254
~~of sixty days after making the application, has neither received~~	6255
~~nor been denied a bond.~~	6256

~~(D)~~ The rules of the board shall require the minority	6257
business to pay a premium in advance for the bond to be	6258
established by the director, with the advice of the board after	6259
the director receives advice from the superintendent of insurance	6260
regarding the standard market rates for premiums for similar	6261
bonds. All premiums paid by minority businesses shall be paid into	6262
the minority business bonding program administrative and loss	6263
reserve fund.	6264

~~(E)~~(D) The penal sum amounts of all outstanding bonds issued	6265
by the director shall not exceed the amount of moneys in the	6266
minority business bonding fund and available to the fund under	6267
division (B) of section 169.05 of the Revised Code.	6268

~~(F)~~(E) The superintendent of insurance shall provide such	6269
technical and professional assistance as is considered necessary	6270
by the director, including providing advice regarding the standard	6271
market rates for bond premiums as described under division ~~(D)~~(C)	6272
of this section.	6273

Sec. 123.01. (A) The department of administrative services,	6274
in addition to those powers enumerated in Chapters 124. and 125.	6275
of the Revised Code and provided elsewhere by law, shall exercise	6276
the following powers:	6277

(1) To prepare, or contract to be prepared, by licensed	6278
engineers or architects, surveys, general and detailed plans,	6279
specifications, bills of materials, and estimates of cost for any	6280
projects, improvements, or public buildings to be constructed by	6281
state agencies that may be authorized by legislative	6282
appropriations or any other funds made available therefor,	6283
provided that the construction of the projects, improvements, or	6284
public buildings is a statutory duty of the department. This	6285
section does not require the independent employment of an	6286
architect or engineer as provided by section 153.01 of the Revised	6287
Code in the cases to which that section applies nor affect or	6288
alter the existing powers of the director of transportation.	6289

(2) To have general supervision over the construction of any	6290
projects, improvements, or public buildings constructed for a	6291
state agency and over the inspection of materials previous to	6292
their incorporation into those projects, improvements, or	6293
buildings;	6294

(3) To make contracts for and supervise the construction of	6295
any projects and improvements or the construction and repair of	6296
buildings under the control of a state agency, except contracts	6297
for the repair of buildings under the management and control of	6298
the departments of public safety, job and family services, mental	6299
health, mental retardation and developmental disabilities,	6300
rehabilitation and correction, and youth services, the bureau of	6301
workers' compensation, the rehabilitation services commission, and	6302
boards of trustees of educational and benevolent institutions and	6303
except contracts for the construction of projects that do not	6304
require the issuance of a building permit or the issuance of a	6305
certificate of occupancy and that are necessary to remediate	6306
conditions at a hazardous waste facility, solid waste facility, or	6307
other location at which the director of environmental protection	6308
has reason to believe there is a substantial threat to public	6309
health or safety or the environment. These contracts shall be made	6310
and entered into by the directors of public safety, job and family	6311
services, mental health, mental retardation and developmental	6312
disabilities, rehabilitation and correction, and youth services,	6313
the administrator of workers' compensation, the rehabilitation	6314
services commission, the boards of trustees of such institutions,	6315
and the director of environmental protection, respectively. All	6316
such contracts may be in whole or in part on unit price basis of	6317
maximum estimated cost, with payment computed and made upon actual	6318
quantities or units.	6319

(4) To prepare and suggest comprehensive plans for the	6320
development of grounds and buildings under the control of a state	6321
agency;	6322

(5) To acquire, by purchase, gift, devise, lease, or grant,	6323
all real estate required by a state agency, in the exercise of	6324
which power the department may exercise the power of eminent	6325
domain, in the manner provided by sections 163.01 to 163.22 of the	6326
Revised Code;	6327

(6) To make and provide all plans, specifications, and models	6328
for the construction and perfection of all systems of sewerage,	6329
drainage, and plumbing for the state in connection with buildings	6330
and grounds under the control of a state agency;	6331

(7) To erect, supervise, and maintain all public monuments	6332
and memorials erected by the state, except where the supervision	6333
and maintenance is otherwise provided by law;	6334

(8) To procure, by lease, storage accommodations for a state	6335
agency;	6336

(9) To lease or grant easements or licenses for unproductive	6337
and unused lands or other property under the control of a state	6338
agency. Such leases, easements, or licenses shall be granted for a	6339
period not to exceed fifteen years and shall be executed for the	6340
state by the director of administrative services and the governor	6341
and shall be approved as to form by the attorney general, provided	6342
that leases, easements, or licenses may be granted to any county,	6343
township, municipal corporation, port authority, water or sewer	6344
district, school district, library district, health district, park	6345
district, soil and water conservation district, conservancy	6346
district, or other political subdivision or taxing district, or	6347
any agency of the United States government, for the exclusive use	6348
of that agency, political subdivision, or taxing district, without	6349
any right of sublease or assignment, for a period not to exceed	6350
fifteen years, and provided that the director shall grant leases,	6351
easements, or licenses of university land for periods not to	6352
exceed twenty-five years for purposes approved by the respective	6353
university's board of trustees wherein the uses are compatible	6354
with the uses and needs of the university and may grant leases of	6355
university land for periods not to exceed forty years for purposes	6356
approved by the respective university's board of trustees pursuant	6357
to section 123.77 of the Revised Code.	6358

(10) To lease ~~office~~ space ~~in buildings~~ for the use of a	6359
state agency;	6360

(11) To have general supervision and care of the storerooms,	6361
offices, and buildings leased for the use of a state agency;	6362

(12) To exercise general custodial care of all real property	6363
of the state;	6364

(13) To assign and group together state offices in any city	6365
in the state and to establish, in cooperation with the state	6366
agencies involved, rules governing space requirements for office	6367
or storage use;	6368

(14) To lease for a period not to exceed forty years,	6369
pursuant to a contract providing for the construction thereof	6370
under a lease-purchase plan, buildings, structures, and other	6371
improvements for any public purpose, and, in conjunction	6372
therewith, to grant leases, easements, or licenses for lands under	6373
the control of a state agency for a period not to exceed forty	6374
years. The lease-purchase plan shall provide that at the end of	6375
the lease period, the buildings, structures, and related	6376
improvements, together with the land on which they are situated,	6377
shall become the property of the state without cost.	6378

(a) Whenever any building, structure, or other improvement is	6379
to be so leased by a state agency, the department shall retain	6380
either basic plans, specifications, bills of materials, and	6381
estimates of cost with sufficient detail to afford bidders all	6382
needed information or, alternatively, all of the following plans,	6383
details, bills of materials, and specifications:	6384

(i) Full and accurate plans suitable for the use of mechanics	6385
and other builders in the improvement;	6386

(ii) Details to scale and full sized, so drawn and	6387
represented as to be easily understood;	6388

(iii) Accurate bills showing the exact quantity of different	6389
kinds of material necessary to the construction;	6390

(iv) Definite and complete specifications of the work to be	6391
performed, together with such directions as will enable a	6392
competent mechanic or other builder to carry them out and afford	6393
bidders all needed information;	6394

(v) A full and accurate estimate of each item of expense and	6395
of the aggregate cost thereof.	6396

(b) The department shall give public notice, in such	6397
newspaper, in such form, and with such phraseology as the director	6398
of administrative services prescribes, published once each week	6399
for four consecutive weeks, of the time when and place where bids	6400
will be received for entering into an agreement to lease to a	6401
state agency a building, structure, or other improvement. The last	6402
publication shall be at least eight days preceding the day for	6403
opening the bids. The bids shall contain the terms upon which the	6404
builder would propose to lease the building, structure, or other	6405
improvement to the state agency. The form of the bid approved by	6406
the department shall be used, and a bid is invalid and shall not	6407
be considered unless that form is used without change, alteration,	6408
or addition. Before submitting bids pursuant to this section, any	6409
builder shall comply with Chapter 153. of the Revised Code.	6410

(c) On the day and at the place named for receiving bids for	6411
entering into lease agreements with a state agency, the director	6412
of administrative services shall open the bids and shall publicly	6413
proceed immediately to tabulate the bids upon duplicate sheets. No	6414
lease agreement shall be entered into until the bureau of workers'	6415
compensation has certified that the person to be awarded the lease	6416
agreement has complied with Chapter 4123. of the Revised Code,	6417
until, if the builder submitting the lowest and best bid is a	6418
foreign corporation, the secretary of state has certified that the	6419
corporation is authorized to do business in this state, until, if	6420
the builder submitting the lowest and best bid is a person	6421
nonresident of this state, the person has filed with the secretary	6422
of state a power of attorney designating the secretary of state as	6423
its agent for the purpose of accepting service of summons in any	6424
action brought under Chapter 4123. of the Revised Code, and until	6425
the agreement is submitted to the attorney general and the	6426
attorney general's approval is certified thereon. Within thirty	6427
days after the day on which the bids are received, the department	6428
shall investigate the bids received and shall determine that the	6429
bureau and the secretary of state have made the certifications	6430
required by this section of the builder who has submitted the	6431
lowest and best bid. Within ten days of the completion of the	6432
investigation of the bids, the department shall award the lease	6433
agreement to the builder who has submitted the lowest and best bid	6434
and who has been certified by the bureau and secretary of state as	6435
required by this section. If bidding for the lease agreement has	6436
been conducted upon the basis of basic plans, specifications,	6437
bills of materials, and estimates of costs, upon the award to the	6438
builder the department, or the builder with the approval of the	6439
department, shall appoint an architect or engineer licensed in	6440
this state to prepare such further detailed plans, specifications,	6441
and bills of materials as are required to construct the building,	6442
structure, or improvement. The department shall adopt such rules	6443
as are necessary to give effect to this section. The department	6444
may reject any bid. Where there is reason to believe there is	6445
collusion or combination among bidders, the bids of those	6446
concerned therein shall be rejected.	6447

(15) To acquire by purchase, gift, devise, or grant and to	6448
transfer, lease, or otherwise dispose of all real property	6449
required to assist in the development of a conversion facility as	6450
defined in section 5709.30 of the Revised Code as that section	6451
existed before its repeal by Amended Substitute House Bill 95 of	6452
the 125th general assembly;	6453

(16) To lease for a period not to exceed forty years,	6454
notwithstanding any other division of this section, the	6455
state-owned property located at 408-450 East Town Street,	6456
Columbus, Ohio, formerly the state school for the deaf, to a	6457
developer in accordance with this section. "Developer," as used in	6458
this section, has the same meaning as in section 123.77 of the	6459
Revised Code.	6460

Such a lease shall be for the purpose of development of the	6461
land for use by senior citizens by constructing, altering,	6462
renovating, repairing, expanding, and improving the site as it	6463
existed on June 25, 1982. A developer desiring to lease the land	6464
shall prepare for submission to the department a plan for	6465
development. Plans shall include provisions for roads, sewers,	6466
water lines, waste disposal, water supply, and similar matters to	6467
meet the requirements of state and local laws. The plans shall	6468
also include provision for protection of the property by insurance	6469
or otherwise, and plans for financing the development, and shall	6470
set forth details of the developer's financial responsibility.	6471

The department may employ, as employees or consultants,	6472
persons needed to assist in reviewing the development plans. Those	6473
persons may include attorneys, financial experts, engineers, and	6474
other necessary experts. The department shall review the	6475
development plans and may enter into a lease if it finds all of	6476
the following:	6477

(a) The best interests of the state will be promoted by	6478
entering into a lease with the developer;	6479

(b) The development plans are satisfactory;

6480

(c) The developer has established the developer's financial	6481
responsibility and satisfactory plans for financing the	6482
development.	6483

The lease shall contain a provision that construction or	6484
renovation of the buildings, roads, structures, and other	6485
necessary facilities shall begin within one year after the date of	6486
the lease and shall proceed according to a schedule agreed to	6487
between the department and the developer or the lease will be	6488
terminated. The lease shall contain such conditions and	6489
stipulations as the director considers necessary to preserve the	6490
best interest of the state. Moneys received by the state pursuant	6491
to this lease shall be paid into the general revenue fund. The	6492
lease shall provide that at the end of the lease period the	6493
buildings, structures, and related improvements shall become the	6494
property of the state without cost.	6495

(17) To lease to any person any tract of land owned by the	6496
state and under the control of the department, or any part of such	6497
a tract, for the purpose of drilling for or the pooling of oil or	6498
gas. Such a lease shall be granted for a period not exceeding	6499
forty years, with the full power to contract for, determine the	6500
conditions governing, and specify the amount the state shall	6501
receive for the purposes specified in the lease, and shall be	6502
prepared as in other cases.	6503

(18) To manage the use of space owned and controlled by the	6504
department, including space in property under the jurisdiction of	6505
the Ohio building authority, by doing all of the following:	6506

(a) Biennially implementing, by state agency location, a	6507
census of agency employees assigned space;	6508

(b) Periodically in the discretion of the director of	6509
administrative services:	6510

(i) Requiring each state agency to categorize the use of	6511
space allotted to the agency between office space, common areas,	6512
storage space, and other uses, and to report its findings to the	6513
department;	6514

(ii) Creating and updating a master space utilization plan	6515
for all space allotted to state agencies. The plan shall	6516
incorporate space utilization metrics.	6517

(iii) Conducting a cost-benefit analysis to determine the	6518
effectiveness of state-owned buildings;	6519

(iv) Assessing the alternatives associated with consolidating	6520
the commercial leases for buildings located in Columbus.	6521

(c) Commissioning a comprehensive space utilization and	6522
capacity study in order to determine the feasibility of	6523
consolidating existing commercially leased space used by state	6524
agencies into a new state-owned facility.	6525

(B) This section and section 125.02 of the Revised Code shall	6526
not interfere with any of the following:	6527

(1) The power of the adjutant general to purchase military	6528
supplies, or with the custody of the adjutant general of property	6529
leased, purchased, or constructed by the state and used for	6530
military purposes, or with the functions of the adjutant general	6531
as director of state armories;	6532

(2) The power of the director of transportation in acquiring	6533
rights-of-way for the state highway system, or the leasing of	6534
lands for division or resident district offices, or the leasing of	6535
lands or buildings required in the maintenance operations of the	6536
department of transportation, or the purchase of real property for	6537
garage sites or division or resident district offices, or in	6538
preparing plans and specifications for and constructing such	6539
buildings as the director may require in the administration of the	6540
department;	6541

(3) The power of the director of public safety and the	6542
registrar of motor vehicles to purchase or lease real property and	6543
buildings to be used solely as locations to which a deputy	6544
registrar is assigned pursuant to division (B) of section 4507.011	6545
of the Revised Code and from which the deputy registrar is to	6546
conduct the deputy registrar's business, the power of the director	6547
of public safety to purchase or lease real property and buildings	6548
to be used as locations for division or district offices as	6549
required in the maintenance of operations of the department of	6550
public safety, and the power of the superintendent of the state	6551
highway patrol in the purchase or leasing of real property and	6552
buildings needed by the patrol, to negotiate the sale of real	6553
property owned by the patrol, to rent or lease real property owned	6554
or leased by the patrol, and to make or cause to be made repairs	6555
to all property owned or under the control of the patrol;	6556

(4) The power of the division of liquor control in the	6557
leasing or purchasing of retail outlets and warehouse facilities	6558
for the use of the division;	6559

(5) The power of the director of development to enter into	6560
leases of real property, buildings, and office space to be used	6561
solely as locations for the state's foreign offices to carry out	6562
the purposes of section 122.05 of the Revised Code;	6563

(6) The power of the director of environmental protection to	6564
enter into environmental covenants, to grant and accept easements,	6565
or to sell property pursuant to division (G) of section 3745.01 of	6566
the Revised Code.	6567

(C) Purchases for, and the custody and repair of, buildings	6568
under the management and control of the capitol square review and	6569
advisory board, the rehabilitation services commission, the bureau	6570
of workers' compensation, or the departments of public safety, job	6571
and family services, mental health, mental retardation and	6572
developmental disabilities, and rehabilitation and correction, and	6573
buildings of educational and benevolent institutions under the	6574
management and control of boards of trustees, are not subject to	6575
the control and jurisdiction of the department of administrative	6576
services.	6577

(D) Any instrument by which real property is acquired	6578
pursuant to this section shall identify the agency of the state	6579
that has the use and benefit of the real property as specified in	6580
section 5301.012 of the Revised Code.	6581

Sec. 123.152. (A) As used in this section, "EDGE business	6582
enterprise" means a sole proprietorship, association, partnership,	6583
corporation, limited liability corporation, or joint venture	6584
certified as a participant in the encouraging diversity, growth,	6585
and equity program by the director of administrative services	6586
under this section of the Revised Code.	6587

(B) The director of administrative services shall establish a	6588
business assistance program known as the encouraging diversity,	6589
growth, and equity program and shall adopt rules in accordance	6590
with Chapter 119. of the Revised Code to administer the program	6591
that do all of the following:	6592

(1) Establish procedures by which a sole proprietorship,	6593
association, partnership, corporation, limited liability	6594
corporation, or joint venture may apply for certification as an	6595
EDGE business enterprise;	6596

(2) Except as provided in division (B)(14) of this section,	6597
establish agency procurement goals, including procurement goals	6598
for the Ohio housing finance agency, the third frontier	6599
commission, and the clean Ohio council, for contracting with EDGE	6600
business enterprises in the award of contracts under Chapters	6601
123., 125., and 153. of the Revised Code based on the availability	6602
of eligible program participants by region or geographic area, as	6603
determined by the director, and by standard industrial code or	6604
equivalent code classification.	6605

(a) Goals established under division (B)(2) of this section	6606
shall be based on a percentage level of participation and a	6607
percentage of contractor availability.	6608

(b) Goals established under division (B)(2) of this section	6609
shall be applied at the contract level, relative to an overall	6610
dollar goal for each state agency, in accordance with the	6611
following certification categories: construction, architecture,	6612
and engineering; professional services; goods and services; and	6613
information technology services.	6614

(3) Establish a system of certifying EDGE business	6615
enterprises based on a requirement that the business owner or	6616
owners show both social and economic disadvantage based on the	6617
following, as determined to be sufficient by the director:	6618

(a) Relative wealth of the business seeking certification as	6619
well as the personal wealth of the owner or owners of the	6620
business;	6621

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

6622

(i) A rebuttable presumption when the business owner or	6623
owners demonstrate membership in a racial minority group or show	6624
personal disadvantage due to color, ethnic origin, gender,	6625
physical disability, long-term residence in an environment	6626
isolated from the mainstream of American society, location in an	6627
area of high unemployment;	6628

(ii) Some other demonstration of personal disadvantage not	6629
common to other small businesses;	6630

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

6631

(c) Economic disadvantage based on economic and business size	6632
thresholds and eligibility criteria designed to stimulate economic	6633
development through contract awards to businesses located in	6634
qualified census tracts.	6635

(4) Establish standards to determine when an EDGE business	6636
enterprise no longer qualifies for EDGE business enterprise	6637
certification;	6638

(5) Develop a process for evaluating and adjusting goals	6639
established by this section to determine what adjustments are	6640
necessary to achieve participation goals established by the	6641
director;	6642

(6) Establish a point system or comparable system to evaluate	6643
bid proposals to encourage EDGE business enterprises to	6644
participate in the procurement of professional design and	6645
information technology services;	6646

(7) Establish a system to track data and analyze each	6647
certification category established under division (B)(2)(b) of	6648
this section;	6649

(8) Establish a process to mediate complaints and to review	6650
EDGE business enterprise certification appeals;	6651

(9) Implement an outreach program to educate potential	6652
participants about the encouraging diversity, growth, and equity	6653
program;	6654

(10) Establish a system to assist state agencies in	6655
identifying and utilizing EDGE business enterprises in their	6656
contracting processes;	6657

(11) Implement a system of self-reporting by EDGE business	6658
enterprises as well as an on-site inspection process to validate	6659
the qualifications of an EDGE business enterprise;	6660

(12) Establish a waiver mechanism to waive program goals or	6661
participation requirements for those companies that, despite their	6662
best-documented efforts, are unable to contract with certified	6663
EDGE business enterprises;	6664

(13) Establish a process for monitoring overall program	6665
compliance in which equal employment opportunity officers	6666
primarily are responsible for monitoring their respective	6667
agencies;	6668

(14) Establish guidelines for state universities as defined	6669
in section 3345.011 of the Revised Code and the Ohio school	6670
facilities commission created in section 3318.30 of the Revised	6671
Code for awarding contracts pursuant to Chapters 153., 3318., and	6672
3345. of the Revised Code to allow the universities and commission	6673
to establish agency procurement goals for contracting with EDGE	6674
business enterprises.	6675

In complying with divisions (B)(2) and (14) of this section,	6676
a state agency or state university or the Ohio housing finance	6677
agency, the third frontier commission, the clean Ohio council, or	6678
the Ohio school facilities commission shall comply with section	6679
123.154 of the Revised Code.	6680

(C) Business and personal financial information and trade	6681
secrets submitted by encouraging diversity, growth, and equity	6682
program applicants to the director pursuant to this section are	6683
not public records for purposes of section 149.43 of the Revised	6684
Code, unless the director presents the financial information or	6685
trade secrets at a public hearing or public proceeding regarding	6686
the applicant's eligibility to participate in the program.	6687

Sec. 123.154. (A) Each state agency shall appoint an equal	6688
employment opportunity officer who shall be responsible for	6689
monitoring the agency's compliance with sections 123.151, 123.152,	6690
and 125.081 of the Revised Code and for reporting the level of the	6691
agency's compliance to the deputy director of the equal	6692
opportunity division of the department of administrative services.	6693
The equal employment opportunity officer for each state agency	6694
shall also do all of the following:	6695

(1) Analyze spending on goods, services, and construction	6696
projects for the officer's agency and determine any missed	6697
opportunities for the inclusion of certified minority business	6698
enterprise and EDGE business vendors;	6699

(2) Analyze the spending of the officer's agency with EDGE	6700
business enterprise vendors, as well as EDGE business enterprise	6701
vendor availability by regions of this state, and communicate the	6702
analysis to the department of administrative services so that the	6703
department may determine the appropriate EDGE business enterprise	6704
goal for each contract;	6705

(3) Report minority business enterprise or EDGE business	6706
enterprise enrollment for all contracts issued by the officer's	6707
agency to the deputy director of the equal opportunity division;	6708

(4) Implement a scorecard system that tracks compliance with	6709
minority business enterprise and EDGE business enterprise program	6710
requirements for the officer's agency;	6711

(5) Implement the outreach and training plan to ensure	6712
compliance by the officer's agency with minority business	6713
enterprise and EDGE business enterprise requirements;	6714

(6) Attend the semiannual training conducted by the deputy	6715
director of the equal opportunity division on minority business	6716
enterprise and EDGE business enterprise requirements; and	6717

(7) Participate in the annual compliance review conducted by	6718
the deputy director of the equal employment opportunity division	6719
and implement recommendations made by the deputy director as a	6720
result of the review process.	6721

The deputy director of the equal opportunity division shall	6722
develop the scorecard system and the outreach and training plan,	6723
shall conduct semiannual training on minority business enterprise	6724
and EDGE business enterprise requirements for equal employment	6725
opportunity officers, shall conduct an annual review of each state	6726
agency's compliance with minority business enterprise and EDGE	6727
business enterprise requirements, and shall make recommendations	6728
for improved compliance as a result of each review.	6729

(B) Each state agency shall ensure that all contracts the	6730
agency enters into for the purchase of goods and services contain	6731
provisions that do all of the following:	6732

(1) Prohibit contractors and subcontractors from engaging in	6733
discriminatory employment practices;	6734

(2) Certify that contractors and subcontractors are in	6735
compliance with all applicable federal and state laws and rules	6736
that govern fair labor and employment practices; and	6737

(3) Encourage contractors and subcontractors to purchase	6738
goods and services from certified minority business enterprise and	6739
EDGE business enterprise vendors.	6740

(C)(1) A state agency shall not issue an EDGE business	6741
enterprise waiver without doing all of the following:	6742

(a) Having all waivers reviewed by the agency's procurement	6743
officer, in collaboration with the agency's equal employment	6744
opportunity officer, who shall certify that each waiver the agency	6745
issues complies with criteria for granting the waiver;	6746

(b) Submitting quarterly reports to the equal opportunity	6747
division that lists each waiver the agency grants;	6748

(c) Permitting the equal opportunity division to complete its	6749
review of the agency's quarterly report and to conduct periodic	6750
audits of the agency's administration of the waiver process.	6751

The deputy director of the equal opportunity division shall	6752
review each quarterly report of EDGE business enterprise waivers	6753
and shall conduct periodic audits of each agency's administration	6754
of the waiver process.	6755

(2) If the deputy director of the equal opportunity division	6756
determines that a state agency has not properly administered the	6757
issuance of EDGE business enterprise waivers, subsequent waivers	6758
shall not be issued by that state agency without the authorization	6759
and approval of the deputy director. The deputy director may	6760
release a state agency from the approval process when the deputy	6761
director has determined that the agency has the ability to	6762
consistently administer the waiver process.	6763

(D) On the first day of October of each year, the deputy	6764
director of the equal opportunity division shall submit a written	6765
report to the governor, the speaker of the house of	6766
representatives, the president of the senate, and the minority	6767
leaders of the house of representatives and senate that describe	6768
the progress of state agencies in advancing the minority business	6769
enterprise and EDGE business enterprise programs, as well as any	6770
initiatives that have been implemented to increase the number of	6771
certified minority business enterprise and EDGE business	6772
enterprise vendors doing business with this state.	6773

Sec. 124.03. (A) The state personnel board of review shall	6774
exercise the following powers and perform the following duties:	6775

(1) Hear appeals, as provided by law, of employees in the	6776
classified state service from final decisions of appointing	6777
authorities or the director of administrative services relative to	6778
reduction in pay or position, job abolishments, layoff,	6779
suspension, discharge, assignment or reassignment to a new or	6780
different position classification, or refusal of the director, or	6781
anybody authorized to perform the director's functions, to	6782
reassign an employee to another classification or to reclassify	6783
the employee's position with or without a job audit under division	6784
(D) of section 124.14 of the Revised Code. As used in this	6785
division, "discharge" includes disability separations.	6786

The state personnel board of review may affirm, disaffirm, or	6787
modify the decisions of the appointing authorities or the	6788
director, as the case may be, and its decision is final. The	6789
~~board's~~ decisions of the state personnel board of review shall be	6790
consistent with the applicable classification specifications.	6791

The state personnel board of review shall not be deprived of	6792
jurisdiction to hear any appeal due to the failure of an	6793
appointing authority to file its decision with the board. Any	6794
final decision of an appointing authority or of the director not	6795
filed in the manner provided in this chapter shall be disaffirmed.	6796

The state personnel board of review may place an exempt	6797
employee, as defined in section 124.152 of the Revised Code, into	6798
a bargaining unit classification, if the state personnel board of	6799
review determines that the bargaining unit classification is the	6800
proper classification for that employee. Notwithstanding Chapter	6801
4117. of the Revised Code or instruments and contracts negotiated	6802
under it, such placements are at the ~~board's~~ discretion of the	6803
state personnel board of review.	6804

The mere failure of an employee's appointing authority to	6805
file a statement with the department of administrative services	6806
indicating that the employee is in the unclassified civil service,	6807
or the mere late filing of such a statement, does not prevent the	6808
state personnel board of review from determining that the employee	6809
is in the unclassified civil service. In determining whether an	6810
employee is in the unclassified civil service, the state personnel	6811
board of review shall consider the inherent nature of the duties	6812
of the employee's classification during the two-year period	6813
immediately preceding the appointing authority's appealable action	6814
relating to the employee.	6815

In any hearing before the state personnel board of review,	6816
including any hearing at which a record is taken that may be the	6817
basis of an appeal to a court, an employee may be represented by a	6818
person permitted to practice before the state personnel board of	6819
review who is not an attorney at law as long as the person does	6820
not receive any compensation from the employee for the	6821
representation.	6822

(2) Hear appeals, as provided by law, of appointing	6823
authorities from final decisions of the director relative to the	6824
classification or reclassification of any position in the	6825
classified state service under the jurisdiction of that	6826
appointing authority. The state personnel board of review may	6827
affirm, disaffirm, or modify the decisions of the director, and	6828
its decision is final. The ~~board's~~ decisions of the state	6829
personnel board of review shall be consistent with the applicable	6830
classification specifications.	6831

(3) Exercise the authority provided by section 124.40 of the	6832
Revised Code, for appointment, removal, and supervision of	6833
municipal and civil service township civil service commissions;	6834

(4) ~~Appoint a secretary, referees, examiners, and whatever~~	6835
~~other~~Utilize employees ~~are necessary~~provided by the state	6836
employment relations board in the exercise of ~~its~~the powers and	6837
performance of ~~its~~the duties and functions~~. The~~of the state	6838
personnel board ~~shall determine appropriate education and~~	6839
~~experience requirements for its secretary, referees, examiners,~~	6840
~~and other employees and shall prescribe their duties. A referee or~~	6841
~~examiner does not need to have been admitted to the practice of~~	6842
~~law.~~of review under this chapter;	6843

(5) Maintain a journal that shall be open to public	6844
inspection, in which it shall keep a record of all of its	6845
proceedings and of the vote of each of its members upon every	6846
action taken by it;	6847

(6) Adopt rules in accordance with Chapter 119. of the	6848
Revised Code relating to the procedure of the state personnel	6849
board of review in administering the laws it has the authority or	6850
duty to administer and for the purpose of invoking the	6851
jurisdiction of the state personnel board of review in hearing	6852
appeals of appointing authorities and employees in matters set	6853
forth in divisions (A)(1) and (2) of this section;	6854

(7) Subpoena and require the attendance and testimony of	6855
witnesses and the production of books, papers, public records, and	6856
other documentary evidence pertinent to any matter it has	6857
authority to investigate, inquire into, or hear in the same manner	6858
and to the same extent as provided by division (G) of section	6859
124.09 of the Revised Code. All witness fees shall be paid in the	6860
manner set forth in that division.	6861

(B) The state personnel board of review shall exist as a	6862
separate entity within the administrative structure of the state	6863
employment relations board.	6864

(C) The state personnel board of review shall be funded by	6865
general revenue fund appropriations. All moneys received by the	6866
state personnel board of review for copies of documents, rule	6867
books, and transcriptions shall be paid into the state treasury to	6868
the credit of the ~~transcript and other documents~~training,	6869
publications, and grants fund~~, which is hereby~~ created ~~to defray~~	6870
~~the cost of producing an administrative record~~in section	6871
4117.24 of the Revised Code.	6872

Sec. 124.04. In addition to those powers enumerated in	6873
Chapters 123. and 125. of the Revised Code and as provided	6874
elsewhere by law, the powers, duties, and functions of the	6875
department of administrative services not specifically vested in	6876
and assigned to, or to be performed by, the state personnel board	6877
of review are hereby vested in and assigned to, and shall be	6878
performed by, the director of administrative services. These	6879
powers, duties, and functions shall include, but shall not be	6880
limited to, the following powers, duties, and functions:	6881

(A) To prepare, conduct, and grade all competitive	6882
examinations for positions in the classified state service;	6883

(B) To prepare, conduct, and grade all noncompetitive	6884
examinations for positions in the classified state service;	6885

(C) To prepare eligible lists containing the names of persons	6886
qualified for appointment to positions in the classified state	6887
service;	6888

(D) To prepare or amend, in accordance with section 124.14 of	6889
the Revised Code, specifications descriptive of duties,	6890
responsibilities, requirements, and desirable qualifications of	6891
the various classifications of positions in the state service;	6892

(E) To allocate and reallocate, upon the motion of the	6893
director or upon request of an appointing authority and in	6894
accordance with section 124.14 of the Revised Code, any position,	6895
office, or employment in the state service to the appropriate	6896
classification on the basis of the duties, responsibilities,	6897
requirements, and qualifications of that position, office, or	6898
employment;	6899

(F) To develop and conduct personnel recruitment services for	6900
positions in the state service;	6901

(G) To conduct research on specifications, classifications,	6902
and salaries of positions in the state service;	6903

(H) To develop and conduct personnel training programs,	6904
including supervisory training programs and best practices plans,	6905
and to develop merit hiring processes, in cooperation with	6906
appointing authorities;	6907

(I) To include periodically in communications sent to state	6908
employees both of the following:	6909

(1) Information developed under section 2108.34 of the	6910
Revised Code promoting the donation of anatomical gifts under	6911
Chapter 2108. of the Revised Code;	6912

(2) Information about the liver or kidney donor and bone	6913
marrow donor leave granted under section 124.139 of the Revised	6914
Code.	6915

(J) To enter into agreements with universities and colleges	6916
for in-service training of officers and employees in the civil	6917
service and to assist appointing authorities in recruiting	6918
qualified applicants;	6919

(K) To appoint examiners, inspectors, clerks, and other	6920
assistants necessary in the exercise of the powers and performance	6921
of the duties and functions which the director is by law	6922
authorized and required to exercise and perform, and to prescribe	6923
the duties of all of those employees;	6924

(L) To maintain a journal, which shall be open to public	6925
inspection, in which the director shall keep a record of the	6926
director's final decision pertaining to the classification or	6927
reclassification of positions in the classified civil service of	6928
the state and assignment or reassignment of employees in the	6929
classified civil service of the state to specific position	6930
classifications;	6931

(M) To delegate any of the powers, functions, or duties	6932
granted or assigned to the director under this chapter to any	6933
other state agency of this state as the director considers	6934
necessary;	6935

(N) To delegate any of the powers, functions, or duties	6936
granted or assigned to the director under this chapter to any	6937
political subdivision with the concurrence of the legislative	6938
authority of the political subdivision.	6939

(O) To administer a state equal employment opportunity	6940
program.	6941

Sec. 124.07. (A) The director of administrative services	6942
shall appoint examiners, inspectors, clerks, and other assistants	6943
as necessary to carry out sections 124.01 to 124.64 of the Revised	6944
Code. The director may designate persons in or out of the service	6945
of the state to serve as examiners or assistants under the	6946
director's direction. An examiner or assistant shall receive the	6947
compensation for each day actually and necessarily spent in the	6948
discharge of duties as an examiner or assistant that the director	6949
determines; provided that, if the examiner or assistant is in the	6950
service of the state or any political subdivision of the state, it	6951
shall be a part of the examiner's or assistant's official duties	6952
to render those services in connection with an examination without	6953
extra compensation.	6954

(B) Each state agency shall pay the cost of the services and	6955
facilities furnished to it by the department of administrative	6956
services that are necessary to provide and maintain payroll	6957
services as prescribed in section 125.21 of the Revised Code and	6958
state merit standards as prescribed in sections 124.01 to 124.64	6959
of the Revised Code for the agency. If a state-supported college	6960
or university or a municipal corporation chooses to use the	6961
services and facilities furnished by the department that are	6962
necessary to provide and maintain the services and standards so	6963
prescribed, the state-supported college or university or municipal	6964
corporation shall pay the cost of the services and facilities that	6965
the department furnishes to it. The charges against a state	6966
agency, a state-supported college or university, or a municipal	6967
corporation shall be computed on a reasonable cost basis in	6968
accordance with procedures prescribed by the director of budget	6969
and management. Any moneys the department receives from a state	6970
agency, a state-supported college or university, or a municipal	6971
corporation under this division that are in excess of the amount	6972
necessary to pay the cost of furnishing the department's services	6973
and facilities during any fiscal year shall be either refunded to	6974
or credited for the ensuing fiscal year to the state agency, the	6975
state-supported college or university, or the municipal	6976
corporation.	6977

(C) The director of administrative services may enter into an	6978
agreement with any county, municipal corporation, or other	6979
political subdivision to furnish services and facilities of the	6980
department in the administration of a merit program or other	6981
functions related to human resources that include, but are not	6982
limited to, providing competitive examinations for positions in	6983
the classified service. The agreement shall provide that the	6984
department shall be reimbursed for the reasonable costs of those	6985
services and facilities as determined by the director.	6986

(D) All moneys received by the department as reimbursement	6987
for ~~payroll,~~a merit program, or other human resources services	6988
performed and facilities furnished under this section, such as	6989
competitive examinations administered, shall be paid into the	6990
state treasury to the credit of the human resources services fund,	6991
which is hereby created.	6992

(E) In counties of the state in which are located cities	6993
having municipal civil service commissions, the director of	6994
administrative services may designate the municipal civil service	6995
commission of the largest city within the county as the director's	6996
agent for the purpose of carrying out the provisions of sections	6997
124.01 to 124.64 of the Revised Code, within the county, that the	6998
director designates. Each municipal civil service commission	6999
designated as an agent of the director shall render to the	7000
director, at the end of each month, an itemized statement of the	7001
cost incurred by the commission for work done as the agent of the	7002
director, and the director, after approving that statement, shall	7003
pay the total amount of it to the treasurer of the municipal	7004
corporation in the same manner as other expenses of the department	7005
of administrative services.	7006

(F) The director of administrative services and the	7007
examiners, inspectors, clerks, and assistants referred to in this	7008
section shall receive, in addition to their salaries,	7009
reimbursement for necessary traveling and other expenses incurred	7010
in the actual discharge of their official duties. The director may	7011
also incur the necessary expenses for stationery, printing, and	7012
other supplies incident to the business of the department.	7013

Sec. 124.11. The civil service of the state and the several	7014
counties, cities, civil service townships, city health districts,	7015
general health districts, and city school districts of the state	7016
shall be divided into the unclassified service and the classified	7017
service.	7018

(A) The unclassified service shall comprise the following	7019
positions, which shall not be included in the classified service,	7020
and which shall be exempt from all examinations required by this	7021
chapter:	7022

(1) All officers elected by popular vote or persons appointed	7023
to fill vacancies in those offices;	7024

(2) All election officers as defined in section 3501.01 of	7025
the Revised Code;	7026

(3)(a) The members of all boards and commissions, and heads	7027
of principal departments, boards, and commissions appointed by the	7028
governor or by and with the governor's consent;	7029

(b) The heads of all departments appointed by a board of	7030
county commissioners;	7031

(c) The members of all boards and commissions and all heads	7032
of departments appointed by the mayor, or, if there is no mayor,	7033
such other similar chief appointing authority of any city or city	7034
school district;	7035

Except as otherwise provided in division (A)(17) or (C) of	7036
this section, this chapter does not exempt the chiefs of police	7037
departments and chiefs of fire departments of cities or civil	7038
service townships from the competitive classified service.	7039

(4) The members of county or district licensing boards or	7040
commissions and boards of revision, and not more than five deputy	7041
county auditors;	7042

(5) All officers and employees elected or appointed by either	7043
or both branches of the general assembly, and employees of the	7044
city legislative authority engaged in legislative duties;	7045

(6) All commissioned, warrant, and noncommissioned officers	7046
and enlisted persons in the Ohio organized militia, including	7047
military appointees in the adjutant general's department;	7048

(7)(a) All presidents, business managers, administrative	7049
officers, superintendents, assistant superintendents, principals,	7050
deans, assistant deans, instructors, teachers, and such employees	7051
as are engaged in educational or research duties connected with	7052
the public school system, colleges, and universities, as	7053
determined by the governing body of the public school system,	7054
colleges, and universities;	7055

(b) The library staff of any library in the state supported	7056
wholly or in part at public expense.	7057

(8) Four clerical and administrative support employees for	7058
each of the elective state officers, four clerical and	7059
administrative support employees for each board of county	7060
commissioners and one such employee for each county commissioner,	7061
and four clerical and administrative support employees for other	7062
elective officers and each of the principal appointive executive	7063
officers, boards, or commissions, except for civil service	7064
commissions, that are authorized to appoint such clerical and	7065
administrative support employees;	7066

(9) The deputies and assistants of state agencies authorized	7067
to act for and on behalf of the agency, or holding a fiduciary or	7068
administrative relation to that agency and those persons employed	7069
by and directly responsible to elected county officials or a	7070
county administrator and holding a fiduciary or administrative	7071
relationship to such elected county officials or county	7072
administrator, and the employees of such county officials whose	7073
fitness would be impracticable to determine by competitive	7074
examination, provided that division (A)(9) of this section shall	7075
not affect those persons in county employment in the classified	7076
service as of September 19, 1961. Nothing in division (A)(9) of	7077
this section applies to any position in a county department of job	7078
and family services created pursuant to Chapter 329. of the	7079
Revised Code.	7080

(10) Bailiffs, constables, official stenographers, and	7081
commissioners of courts of record, deputies of clerks of the	7082
courts of common pleas who supervise or who handle public moneys	7083
or secured documents, and such officers and employees of courts of	7084
record and such deputies of clerks of the courts of common pleas	7085
as the director of administrative services finds it impracticable	7086
to determine their fitness by competitive examination;	7087

(11) Assistants to the attorney general, special counsel	7088
appointed or employed by the attorney general, assistants to	7089
county prosecuting attorneys, and assistants to city directors of	7090
law;	7091

(12) Such teachers and employees in the agricultural	7092
experiment stations; such students in normal schools, colleges,	7093
and universities of the state who are employed by the state or a	7094
political subdivision of the state in student or intern	7095
classifications; and such unskilled labor positions as the	7096
director of administrative services or any municipal civil service	7097
commission may find it impracticable to include in the competitive	7098
classified service; provided such exemptions shall be by order of	7099
the commission or the director, duly entered on the record of the	7100
commission or the director with the reasons for each such	7101
exemption;	7102

(13) Any physician or dentist who is a full-time employee of	7103
the department of mental health, the department of mental	7104
retardation and developmental disabilities, or an institution	7105
under the jurisdiction of either department; and physicians who	7106
are in residency programs at the institutions;	7107

(14) Up to twenty positions at each institution under the	7108
jurisdiction of the department of mental health or the department	7109
of mental retardation and developmental disabilities that the	7110
department director determines to be primarily administrative or	7111
managerial; and up to fifteen positions in any division of either	7112
department, excluding administrative assistants to the director	7113
and division chiefs, which are within the immediate staff of a	7114
division chief and which the director determines to be primarily	7115
and distinctively administrative and managerial;	7116

(15) Noncitizens of the United States employed by the state,	7117
or its counties or cities, as physicians or nurses who are duly	7118
licensed to practice their respective professions under the laws	7119
of this state, or medical assistants, in mental or chronic disease	7120
hospitals, or institutions;	7121

(16) Employees of the governor's office;

7122

(17) Fire chiefs and chiefs of police in civil service	7123
townships appointed by boards of township trustees under section	7124
505.38 or 505.49 of the Revised Code;	7125

(18) Executive directors, deputy directors, and program	7126
directors employed by boards of alcohol, drug addiction, and	7127
mental health services under Chapter 340. of the Revised Code, and	7128
secretaries of the executive directors, deputy directors, and	7129
program directors;	7130

(19) Superintendents, and management employees as defined in	7131
section 5126.20 of the Revised Code, of county boards of mental	7132
retardation and developmental disabilities;	7133

(20) Physicians, nurses, and other employees of a county	7134
hospital who are appointed pursuant to sections 339.03 and 339.06	7135
of the Revised Code;	7136

(21) The executive director of the state medical board, who	7137
is appointed pursuant to division (B) of section 4731.05 of the	7138
Revised Code;	7139

(22) County directors of job and family services as provided	7140
in section 329.02 of the Revised Code and administrators appointed	7141
under section 329.021 of the Revised Code;	7142

(23) A director of economic development who is hired pursuant	7143
to division (A) of section 307.07 of the Revised Code;	7144

(24) Chiefs of construction and compliance, of operations and	7145
maintenance, of worker protection, and of licensing and	7146
certification in the division of ~~industrial compliance~~labor in	7147
the department of commerce;	7148

(25) The executive director of a county transit system	7149
appointed under division (A) of section 306.04 of the Revised	7150
Code;	7151

(26) Up to five positions at each of the administrative	7152
departments listed in section 121.02 of the Revised Code and at	7153
the department of taxation, department of the adjutant general,	7154
department of education, Ohio board of regents, bureau of workers'	7155
compensation, industrial commission, state lottery commission, and	7156
public utilities commission of Ohio that the head of that	7157
administrative department or of that other state agency determines	7158
to be involved in policy development and implementation. The head	7159
of the administrative department or other state agency shall set	7160
the compensation for employees in these positions at a rate that	7161
is not less than the minimum compensation specified in pay range	7162
41 but not more than the maximum compensation specified in pay	7163
range 44 of salary schedule E-2 in section 124.152 of the Revised	7164
Code. The authority to establish positions in the unclassified	7165
service under division (A)(26) of this section is in addition to	7166
and does not limit any other authority that an administrative	7167
department or state agency has under the Revised Code to establish	7168
positions, appoint employees, or set compensation.	7169

(27) Employees of the department of agriculture employed	7170
under section 901.09 of the Revised Code;	7171

(28) For cities, counties, civil service townships, city	7172
health districts, general health districts, and city school	7173
districts, the deputies and assistants of elective or principal	7174
executive officers authorized to act for and in the place of their	7175
principals or holding a fiduciary relation to their principals;	7176

(29) Employees who receive intermittent or temporary	7177
appointments under division (B) of section 124.30 of the Revised	7178
Code;	7179

(30) Employees appointed to administrative staff positions	7180
for which an appointing authority is given specific statutory	7181
authority to set compensation;	7182

(31) Employees appointed to highway patrol cadet or highway	7183
patrol cadet candidate classifications;	7184

(32) Employees placed in the unclassified service by another	7185
section of the Revised Code.	7186

(B) The classified service shall comprise all persons in the	7187
employ of the state and the several counties, cities, city health	7188
districts, general health districts, and city school districts of	7189
the state, not specifically included in the unclassified service.	7190
Upon the creation by the board of trustees of a civil service	7191
township civil service commission, the classified service shall	7192
also comprise, except as otherwise provided in division (A)(17) or	7193
(C) of this section, all persons in the employ of a civil service	7194
township police or fire department having ten or more full-time	7195
paid employees. The classified service consists of two classes,	7196
which shall be designated as the competitive class and the	7197
unskilled labor class.	7198

(1) The competitive class shall include all positions and	7199
employments in the state and the counties, cities, city health	7200
districts, general health districts, and city school districts of	7201
the state, and, upon the creation by the board of trustees of a	7202
civil service township of a township civil service commission, all	7203
positions in a civil service township police or fire department	7204
having ten or more full-time paid employees, for which it is	7205
practicable to determine the merit and fitness of applicants by	7206
competitive examinations. Appointments shall be made to, or	7207
employment shall be given in, all positions in the competitive	7208
class that are not filled by promotion, reinstatement, transfer,	7209
or reduction, as provided in this chapter, and the rules of the	7210
director of administrative services, by appointment from those	7211
certified to the appointing officer in accordance with this	7212
chapter.	7213

(2) The unskilled labor class shall include ordinary	7214
unskilled laborers. Vacancies in the labor class for positions in	7215
service of the state shall be filled by appointment from lists of	7216
applicants registered by the director. Vacancies in the labor	7217
class for all other positions shall be filled by appointment from	7218
lists of applicants registered by a commission. The director or	7219
the commission, as applicable, by rule, shall require an applicant	7220
for registration in the labor class to furnish evidence or take	7221
tests as the director or commission considers proper with respect	7222
to age, residence, physical condition, ability to labor, honesty,	7223
sobriety, industry, capacity, and experience in the work or	7224
employment for which application is made. Laborers who fulfill the	7225
requirements shall be placed on the eligible list for the kind of	7226
labor or employment sought, and preference shall be given in	7227
employment in accordance with the rating received from that	7228
evidence or in those tests. Upon the request of an appointing	7229
officer, stating the kind of labor needed, the pay and probable	7230
length of employment, and the number to be employed, the director	7231
or commission, as applicable, shall certify from the highest on	7232
the list double the number to be employed; from this number, the	7233
appointing officer shall appoint the number actually needed for	7234
the particular work. If more than one applicant receives the same	7235
rating, priority in time of application shall determine the order	7236
in which their names shall be certified for appointment.	7237

(C) A municipal or civil service township civil service	7238
commission may place volunteer firefighters who are paid on a	7239
fee-for-service basis in either the classified or the unclassified	7240
civil service.	7241

(D) This division does not apply to persons in the	7242
unclassified service who have the right to resume positions in the	7243
classified service under sections 4121.121, 5119.071, 5120.38,	7244
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	7245
Code.	7246

An appointing authority whose employees are paid directly by	7247
warrant of the director of budget and management may appoint a	7248
person who holds a ~~certified~~permanent position in the classified	7249
service within the appointing authority's agency to a position in	7250
the unclassified service within that agency. A person appointed	7251
pursuant to this division to a position in the unclassified	7252
service shall retain the right to resume the position and status	7253
held by the person in the classified service immediately prior to	7254
the person's appointment to the position in the unclassified	7255
service, regardless of the number of positions the person held in	7256
the unclassified service. An employee's right to resume a position	7257
in the classified service may only be exercised when an appointing	7258
authority demotes the employee to a pay range lower than the	7259
employee's current pay range or revokes the employee's appointment	7260
to the unclassified service. An employee forfeits the right to	7261
resume a position in the classified service when the employee is	7262
removed from the position in the unclassified service due to	7263
incompetence, inefficiency, dishonesty, drunkenness, immoral	7264
conduct, insubordination, discourteous treatment of the public,	7265
neglect of duty, violation of this chapter or the rules of the	7266
director of administrative services, any other failure of good	7267
behavior, any other acts of misfeasance, malfeasance, or	7268
nonfeasance in office, or conviction of a felony. An employee also	7269
forfeits the right to resume a position in the classified service	7270
upon transfer to a different agency.	7271

Reinstatement to a position in the classified service shall	7272
be to a position substantially equal to that position in the	7273
classified service held previously, as certified by the director	7274
of administrative services. If the position the person previously	7275
held in the classified service has been placed in the unclassified	7276
service or is otherwise unavailable, the person shall be appointed	7277
to a position in the classified service within the appointing	7278
authority's agency that the director of administrative services	7279
certifies is comparable in compensation to the position the person	7280
previously held in the classified service. Service in the position	7281
in the unclassified service shall be counted as service in the	7282
position in the classified service held by the person immediately	7283
prior to the person's appointment to the position in the	7284
unclassified service. When a person is reinstated to a position in	7285
the classified service as provided in this division, the person is	7286
entitled to all rights, status, and benefits accruing to the	7287
position in the classified service during the person's time of	7288
service in the position in the unclassified service.	7289

Sec. 124.134. (A) Each full-time permanent state employee	7290
paid in accordance with section 124.152 of the Revised Code and	7291
those employees listed in divisions (B)(2) and (4) of section	7292
124.14 of the Revised Code~~, after service of one year, shall have~~	7293
~~earned and will be due upon the attainment of the first year of~~	7294
~~employment, and annually thereafter, eighty hours of vacation~~	7295
~~leave with full pay. One year of service shall be computed on the~~	7296
~~basis of twenty-six biweekly pay periods. A full-time permanent~~	7297
~~state employee with five or more years of service shall have~~	7298
~~earned and is entitled to one hundred twenty hours of vacation~~	7299
~~leave with full pay. A full-time permanent state employee with ten~~	7300
~~or more years of service shall have earned and is entitled to one~~	7301
~~hundred sixty hours of vacation leave with full pay. A full-time~~	7302
~~permanent state employee with fifteen or more years of service~~	7303
~~shall have earned and is entitled to one hundred eighty hours of~~	7304
~~vacation leave with full pay. A full-time permanent state employee~~	7305
~~with twenty or more years of service shall have earned and is~~	7306
~~entitled to two hundred hours of vacation leave with full pay. A~~	7307
~~full-time permanent state employee with twenty-five or more years~~	7308
~~of service shall have earned and is entitled to two hundred forty~~	7309
~~hours of vacation leave with full pay. Such vacation leave shall~~	7310
~~accrue to the employee at the rate of three and one-tenth hours~~	7311
~~each biweekly period for those entitled to eighty hours per year;~~	7312
~~four and six-tenths hours each biweekly period for those entitled~~	7313
~~to one hundred twenty hours per year; six and two-tenths hours~~	7314
~~each biweekly period for those entitled to one hundred sixty hours~~	7315
~~per year; six and nine-tenths hours each biweekly period for those~~	7316
~~entitled to one hundred eighty hours per year; seven and~~	7317
~~seven-tenths hours each biweekly period for those entitled to two~~	7318
~~hundred hours per year; and nine and two-tenths hours each~~	7319
~~biweekly period for those entitled to two hundred forty hours per~~	7320
~~year~~shall be credited with vacation leave with full pay according	7321
to length of service and accruing at a corresponding rate per	7322
biweekly pay period, as follows:	7323

Length of Service	Accrual Rate Per Pay Period	7324
Less than 4 years	3.1 hours	7325
4 but less than 9 years	4.6 hours	7326
9 but less than 14 years	6.2 hours	7327
14 but less than 19 years	6.9 hours	7328
19 but less than 24 years	7.7 hours	7329
24 years or more	9.2 hours	7330

Fifty-two weeks equal one year of service.

7331

The amount of an employee's service shall be determined in	7332
accordance with the standard specified in section 9.44 of the	7333
Revised Code. Credit for prior service, including an increased	7334
vacation accrual rate and longevity supplement, shall take effect	7335
during the first pay period that begins immediately following the	7336
date the director of administrative services approves granting	7337
credit for that prior service. No employee, other than an employee	7338
who submits proof of prior service within ninety days after the	7339
date of the employee's hiring, shall receive any amount of	7340
vacation leave for the period prior to the date of the director's	7341
approval of the grant of credit for prior service.	7342

Part-time permanent employees who are paid in accordance with	7343
section 124.152 of the Revised Code and full-time permanent	7344
employees subject to this section who are in active pay status for	7345
less than eighty hours in a pay period shall earn vacation leave	7346
on a prorated basis. The ratio between the hours worked and the	7347
vacation hours earned by these classes of employees shall be the	7348
same as the ratio between the hours worked and the vacation hours	7349
earned by a full-time permanent employee with the same amount of	7350
service as provided for in this section.	7351

Vacation leave is not available for use until it appears on	7352
the employee's earning statement and the compensation described in	7353
the earning statement is available to the employee. An employee	7354
may begin using accrued vacation leave upon completion of the	7355
employee's initial probation period.	7356

(B) Employees granted leave under this section shall forfeit	7357
their right to take or to be paid for any vacation leave to their	7358
credit which is in excess of the accrual for three years. Any	7359
excess leave shall be eliminated from the employees' leave	7360
balance. If an employee's vacation leave credit is at, or will	7361
reach in the immediately following pay period, the maximum of the	7362
accrual for three years and the employee has been denied the use	7363
of vacation leave during the immediately preceding twelve months,	7364
the employee, at the employee's request, shall be paid in a pay	7365
period for the vacation leave the employee was denied, up to the	7366
maximum amount the employee would be entitled to be paid for in	7367
any pay period. An employee is not entitled to receive payment for	7368
vacation leave denied in any pay period in which the employee's	7369
vacation leave credit is not at, or will not reach in the	7370
immediately following pay period, the maximum of accrual for three	7371
years. Any vacation leave for which an employee receives payment	7372
shall be deducted from the employee's vacation leave balance.	7373
Payment shall not be made for any leave accrued in the same	7374
calendar year in which the payment is made.	7375

(C) Upon separation from state service, an employee granted	7376
leave under this section is entitled to compensation at the	7377
employee's current rate of pay for all unused vacation leave	7378
accrued under this section or section 124.13 of the Revised Code	7379
to the employee's credit. In case of transfer of an employee from	7380
one state agency to another, the employee shall retain the accrued	7381
and unused vacation leave. In case of the death of an employee,	7382
the unused vacation leave shall be paid in accordance with section	7383
2113.04 of the Revised Code, or to the employee's estate. An	7384
employee serving in a temporary work level who is eligible to	7385
receive compensation under this division shall be compensated at	7386
the base rate of pay of the employee's normal classification.	7387

Sec. 124.14. (A)(1) The director of administrative services	7388
shall establish, and may modify or rescind, by rule, a job	7389
classification plan for all positions, offices, and employments	7390
the salaries of which are paid in whole or in part by the state.	7391
The director shall group jobs within a classification so that the	7392
positions are similar enough in duties and responsibilities to be	7393
described by the same title, to have the same pay assigned with	7394
equity, and to have the same qualifications for selection applied.	7395
The director shall, by rule, assign a classification title to each	7396
classification within the classification plan. However, the	7397
director shall consider in establishing classifications, including	7398
classifications with parenthetical titles, and assigning pay	7399
ranges such factors as duties performed only on one shift, special	7400
skills in short supply in the labor market, recruitment problems,	7401
separation rates, comparative salary rates, the amount of training	7402
required, and other conditions affecting employment. The director	7403
shall describe the duties and responsibilities of the class,	7404
establish the qualifications for being employed in each position	7405
in the class, and file with the secretary of state a copy of	7406
specifications for all of the classifications. The director shall	7407
file new, additional, or revised specifications with the secretary	7408
of state before they are used.	7409

The director shall, by rule, assign each classification,	7410
either on a statewide basis or in particular counties or state	7411
institutions, to a pay range established under section 124.15 or	7412
section 124.152 of the Revised Code. The director may assign a	7413
classification to a pay range on a temporary basis for a period of	7414
six months. The director may establish, by rule adopted under	7415
Chapter 119. of the Revised Code, experimental classification	7416
plans for some or all employees paid directly by warrant of the	7417
director of budget and management. The rule shall include	7418
specifications for each classification within the plan and shall	7419
specifically address compensation ranges, and methods for	7420
advancing within the ranges, for the classifications, which may be	7421
assigned to pay ranges other than the pay ranges established under	7422
section 124.15 or 124.152 of the Revised Code.	7423

(2) The director of administrative services may reassign to a	7424
proper classification those positions that have been assigned to	7425
an improper classification. If the compensation of an employee in	7426
such a reassigned position exceeds the maximum rate of pay for the	7427
employee's new classification, the employee shall be placed in pay	7428
step X and shall not receive an increase in compensation until the	7429
maximum rate of pay for that classification exceeds the employee's	7430
compensation.	7431

(3) The director may reassign an exempt employee, as defined	7432
in section 124.152 of the Revised Code, to a bargaining unit	7433
classification if the director determines that the bargaining unit	7434
classification is the proper classification for that employee.	7435
Notwithstanding Chapter 4117. of the Revised Code or instruments	7436
and contracts negotiated under it, these placements are at the	7437
director's discretion.	7438

(4) The director shall, by rule, assign related	7439
classifications, which form a career progression, to a	7440
classification series. The director shall, by rule, assign each	7441
classification in the classification plan a five-digit number, the	7442
first four digits of which shall denote the classification series	7443
to which the classification is assigned. When a career progression	7444
encompasses more than ten classifications, the director shall, by	7445
rule, identify the additional classifications belonging to a	7446
classification series. The additional classifications shall be	7447
part of the classification series, notwithstanding the fact that	7448
the first four digits of the number assigned to the additional	7449
classifications do not correspond to the first four digits of the	7450
numbers assigned to other classifications in the classification	7451
series.	7452

(5) The director~~, in accordance with rules adopted under~~	7453
~~Chapter 119. of the Revised Code, shall establish, and~~ may	7454
establish, modify, or rescind, a classification plan for county	7455
agencies that elect not to use the services and facilities of a	7456
county personnel department. The director shall establish any such	7457
classification plan by means of rules adopted under Chapter 119.	7458
of the Revised Code. The rules shall include a methodology for the	7459
establishment of titles unique to county agencies, the use of	7460
state classification titles and classification specifications for	7461
common positions, the criteria for a county to meet in	7462
establishing its own classification plan, and the establishment of	7463
what constitutes a classification series for county agencies. The	7464
director may assess a county agency that chooses to use the	7465
classification plan a usage fee the director determines. All usage	7466
fees the department of administrative services receives shall be	7467
paid into the state treasury to the credit of the human resources	7468
fund created in section 124.07 of the Revised Code.	7469

(B) Division (A) of this section and sections 124.15 and	7470
124.152 of the Revised Code do not apply to the following persons,	7471
positions, offices, and employments:	7472

(1) Elected officials;

7473

(2) Legislative employees, employees of the legislative	7474
service commission, employees in the office of the governor,	7475
employees who are in the unclassified civil service and exempt	7476
from collective bargaining coverage in the office of the secretary	7477
of state, auditor of state, treasurer of state, and attorney	7478
general, and employees of the supreme court;	7479

(3) Employees of a county children services board that	7480
establishes compensation rates under section 5153.12 of the	7481
Revised Code;	7482

(4) Any position for which the authority to determine	7483
compensation is given by law to another individual or entity;	7484

(5) Employees of the bureau of workers' compensation whose	7485
compensation the administrator of workers' compensation	7486
establishes under division (B) of section 4121.121 of the Revised	7487
Code.	7488

(C) The director may employ a consulting agency to aid and	7489
assist the director in carrying out this section.	7490

(D)(1) When the director proposes to modify a classification	7491
or the assignment of classes to appropriate pay ranges, the	7492
director shall send written notice of the proposed rule to the	7493
appointing authorities of the affected employees thirty days	7494
before a hearing on the proposed rule. The appointing authorities	7495
shall notify the affected employees regarding the proposed rule.	7496
The director also shall send those appointing authorities notice	7497
of any final rule that is adopted within ten days after adoption.	7498

(2) When the director proposes to reclassify any employee so	7499
that the employee is adversely affected, the director shall give	7500
to the employee affected and to the employee's appointing	7501
authority a written notice setting forth the proposed new	7502
classification, pay range, and salary. Upon the request of any	7503
classified employee who is not serving in a probationary period,	7504
the director shall perform a job audit to review the	7505
classification of the employee's position to determine whether the	7506
position is properly classified. The director shall give to the	7507
employee affected and to the employee's appointing authority a	7508
written notice of the director's determination whether or not to	7509
reclassify the position or to reassign the employee to another	7510
classification. An employee or appointing authority desiring a	7511
hearing shall file a written request for the hearing with the	7512
state personnel board of review within thirty days after receiving	7513
the notice. The board shall set the matter for a hearing and	7514
notify the employee and appointing authority of the time and place	7515
of the hearing. The employee, the appointing authority, or any	7516
authorized representative of the employee who wishes to submit	7517
facts for the consideration of the board shall be afforded	7518
reasonable opportunity to do so. After the hearing, the board	7519
shall consider anew the reclassification and may order the	7520
reclassification of the employee and require the director to	7521
assign the employee to such appropriate classification as the	7522
facts and evidence warrant. As provided in division (A)(1) of	7523
section 124.03 of the Revised Code, the board may determine the	7524
most appropriate classification for the position of any employee	7525
coming before the board, with or without a job audit. The board	7526
shall disallow any reclassification or reassignment classification	7527
of any employee when it finds that changes have been made in the	7528
duties and responsibilities of any particular employee for	7529
political, religious, or other unjust reasons.	7530

(E)(1) Employees of each county department of job and family	7531
services shall be paid a salary or wage established by the board	7532
of county commissioners. The provisions of section 124.18 of the	7533
Revised Code concerning the standard work week apply to employees	7534
of county departments of job and family services. A board of	7535
county commissioners may do either of the following:	7536

(a) Notwithstanding any other section of the Revised Code,	7537
supplement the sick leave, vacation leave, personal leave, and	7538
other benefits of any employee of the county department of job and	7539
family services of that county, if the employee is eligible for	7540
the supplement under a written policy providing for the	7541
supplement;	7542

(b) Notwithstanding any other section of the Revised Code,	7543
establish alternative schedules of sick leave, vacation leave,	7544
personal leave, or other benefits for employees not inconsistent	7545
with the provisions of a collective bargaining agreement covering	7546
the affected employees.	7547

(2) Division (E)(1) of this section does not apply to	7548
employees for whom the state employment relations board	7549
establishes appropriate bargaining units pursuant to section	7550
4117.06 of the Revised Code, except in either of the following	7551
situations:	7552

(a) The employees for whom the state employment relations	7553
board establishes appropriate bargaining units elect no	7554
representative in a board-conducted representation election.	7555

(b) After the state employment relations board establishes	7556
appropriate bargaining units for such employees, all employee	7557
organizations withdraw from a representation election.	7558

(F)(1) Notwithstanding any contrary provision of sections	7559
124.01 to 124.64 of the Revised Code, the board of trustees of	7560
each state university or college, as defined in section 3345.12 of	7561
the Revised Code, shall carry out all matters of governance	7562
involving the officers and employees of the university or college,	7563
including, but not limited to, the powers, duties, and functions	7564
of the department of administrative services and the director of	7565
administrative services specified in this chapter. Officers and	7566
employees of a state university or college shall have the right of	7567
appeal to the state personnel board of review as provided in this	7568
chapter.	7569

(2) Each board of trustees shall adopt rules under section	7570
111.15 of the Revised Code to carry out the matters of governance	7571
described in division (F)(1) of this section. Until the board of	7572
trustees adopts those rules, a state university or college shall	7573
continue to operate pursuant to the applicable rules adopted by	7574
the director of administrative services under this chapter.	7575

(G)(1) Each board of county commissioners may, by a	7576
resolution adopted by a majority of its members, establish a	7577
county personnel department to exercise the powers, duties, and	7578
functions specified in division (G) of this section. As used in	7579
division (G) of this section, "county personnel department" means	7580
a county personnel department established by a board of county	7581
commissioners under division (G)(1) of this section.	7582

(2)(a) Each board of county commissioners, by a resolution	7583
adopted by a majority of its members, may designate the county	7584
personnel department of the county to exercise the powers, duties,	7585
and functions ~~of the department of administrative services and the~~	7586
~~director of administrative services~~ specified in sections 124.01	7587
to 124.64 and Chapter 325. of the Revised Code with regard to	7588
employees in the service of the county, except for the powers and	7589
duties of the state personnel board of review, which powers and	7590
duties shall not be construed as having been modified or	7591
diminished in any manner by division (G)(2) of this section, with	7592
respect to the employees for whom the board of county	7593
commissioners is the appointing authority or co-appointing	7594
authority. ~~The board of county commissioners shall deliver a~~	7595
~~certified copy of the resolution to the director of administrative~~	7596
~~services not later than ten working days after the resolution is~~	7597
~~adopted, and the director shall inform the board in a writing sent~~	7598
~~by certified mail of the date of receipt of the copy of the~~	7599
~~resolution.~~	7600

(b) ~~Upon the director's receipt of the copy of the~~	7601
~~resolution, the powers, duties, and functions referred to in~~	7602
~~division (G)(2)(a) of this section that may be exercised shall be~~	7603
~~vested in and assigned to the county personnel department with~~	7604
~~respect to the employees for whom the board of county~~	7605
~~commissioners is the appointing authority or co-appointing~~	7606
~~authority.~~	7607

~~(c)~~ Nothing in division (G)(2) of this section shall be	7608
construed to limit the right of any employee who possesses the	7609
right of appeal to the state personnel board of review to continue	7610
to possess that right of appeal.	7611

~~(d)~~(c) Any board of county commissioners that has established	7612
a county personnel department may contract with the department of	7613
administrative services, another political subdivision, or an	7614
appropriate public or private entity to provide competitive	7615
testing services or other appropriate services.	7616

(3) After the county personnel department of a county has	7617
~~assumed the powers, duties, and functions of the department of~~	7618
~~administrative services and the director of administrative~~	7619
~~services~~been established as described in division (G)(2) of this	7620
section, any elected official, board, agency, or other appointing	7621
authority of that county, upon written notification to the	7622
~~director~~county personnel department, may elect to use the	7623
services and facilities of the county personnel department. Upon	7624
~~the acceptance by the director of that written notification~~	7625
receipt of the notification by the county personnel department,	7626
the county personnel department shall exercise the powers, duties,	7627
and functions ~~of the department of administrative services and the~~	7628
~~director~~ as described in division (G)(2) of this section with	7629
respect to the employees of that elected official, board, agency,	7630
or other appointing authority. ~~The director shall inform the~~	7631
~~elected official, board, agency, or other appointing authority in~~	7632
~~a writing sent by certified mail of the date of acceptance of that~~	7633
~~written notification. Except for those employees under the~~	7634
~~jurisdiction of the county personnel department, the director~~	7635
~~shall continue to exercise these powers, duties, and functions~~	7636
~~with respect to employees of the county.~~	7637

(4) ~~When at least two years have passed since the creation of~~	7638
~~a county personnel department, a~~Each board of county	7639
commissioners, by a resolution adopted by a majority of its	7640
members, may disband the county personnel department ~~and return to~~	7641
~~the department of administrative services for the administration~~	7642
~~of sections 124.01 to 124.64 and Chapter 325. of the Revised Code~~.	7643
~~The board shall deliver a certified copy of the resolution to the~~	7644
~~director of administrative services not later than ten working~~	7645
~~days after the resolution is adopted, and the director shall~~	7646
~~inform the board in a writing sent by certified mail of the date~~	7647
~~of receipt of the copy of the resolution. Upon the director's~~	7648
~~receipt of the copy of the resolution, all powers, duties, and~~	7649
~~functions previously vested in and assigned to the county~~	7650
~~personnel department shall return to the director.~~	7651

(5) ~~When at least two years have passed since electing to use~~	7652
~~the services and facilities of a county personnel department, an~~	7653
Any elected official, board, agency, or appointing authority of a	7654
county may ~~return to the department of administrative services for~~	7655
~~the administration of sections 124.01 to 124.64 and Chapter 325.~~	7656
~~of the Revised Code. The elected official, board, agency, or~~	7657
~~appointing authority shall send the director of administrative~~	7658
~~services a certified copy of the resolution that states its~~	7659
~~decision to return to the department of administrative services'~~	7660
~~jurisdiction, and the director shall inform the elected official,~~	7661
~~board, agency, or appointing authority in a writing sent by~~	7662
~~certified mail of the date of receipt of the copy of the~~	7663
~~resolution. Upon the director's receipt of the copy of the~~	7664
~~resolution, all powers, duties, and functions previously vested in~~	7665
~~and assigned to the county personnel department with respect to~~	7666
~~the employees of that elected official, board, agency, or~~	7667
~~appointing authority shall return to the director~~end its	7668
involvement with a county personnel department upon actual receipt	7669
by the department of a certified copy of the notification that	7670
contains the decision to no longer participate.	7671

(6) The director of administrative services may, by rule	7672
adopted in accordance with Chapter 119. of the Revised Code, ~~shall~~	7673
prescribe criteria and procedures for ~~granting to each county~~	7674
~~personnel department the powers, duties, and functions of the~~	7675
~~department of administrative services and the director as~~	7676
~~described in division (G)(2) of this section with respect to the~~	7677
~~employees of an elected official, board, agency, or other~~	7678
~~appointing authority or co-appointing authority. The rules shall~~	7679
~~cover the following criteria and procedures:~~	7680

~~(a) The notification to the department of administrative~~	7681
~~services that an elected official, board, agency, or other~~	7682
~~appointing authority of a county has elected to use the services~~	7683
~~and facilities of the county personnel department;~~the following:	7684

~~(b)~~(a) A requirement that each county personnel department,	7685
in carrying out its duties, adhere to merit system principles with	7686
regard to employees of county departments of job and family	7687
services, child support enforcement agencies, and public child	7688
welfare agencies so that there is no threatened loss of federal	7689
funding for these agencies, and a requirement that the county be	7690
financially liable to the state for any loss of federal funds due	7691
to the action or inaction of the county personnel department. The	7692
costs associated with audits conducted to monitor compliance with	7693
division (G)(6)~~(b)~~(a) of this section shall be ~~borne equally by~~	7694
reimbursed to the department of administrative services ~~and the~~	7695
~~county~~as determined by the director. All money the department	7696
receives for these audits shall be paid into the state treasury to	7697
the credit of the human resources fund created in section 124.07	7698
of the Revised Code.	7699

~~(c) The termination of services and facilities rendered by~~	7700
~~the department of administrative services, to include rate~~	7701
~~adjustments, time periods for termination, and other related~~	7702
~~matters;~~	7703

~~(d)~~(b) Authorization for the director of administrative	7704
services to conduct periodic audits and reviews of county	7705
personnel departments to guarantee the uniform application of ~~this~~	7706
~~granting of~~ the ~~director's~~ powers, duties, and functions exercised	7707
pursuant to division (G)(2)(a) of this section. The costs of the	7708
audits and reviews shall be ~~borne equally by~~reimbursed to the	7709
department of administrative services ~~and~~as determined by the	7710
director by the county for which the services are performed. All	7711
money the department receives shall be paid into the state	7712
treasury to the credit of the human resources fund created in	7713
section 124.07 of the Revised Code.	7714

~~(e) The dissemination of audit findings under division~~	7715
~~(G)(6)(d) of this section, any appeals process relating to adverse~~	7716
~~findings by the department, and the methods whereby the county~~	7717
~~personnel program will revert to the authority of the director of~~	7718
~~administrative services due to misuse or nonuniform application of~~	7719
~~the authority granted to the county under division (G)(2) or (3)~~	7720
~~of this section.~~	7721

(H) The director of administrative services shall establish	7722
the rate and method of compensation for all employees who are paid	7723
directly by warrant of the director of budget and management and	7724
who are serving in positions that the director of administrative	7725
services has determined impracticable to include in the state job	7726
classification plan. This division does not apply to elected	7727
officials, legislative employees, employees of the legislative	7728
service commission, employees who are in the unclassified civil	7729
service and exempt from collective bargaining coverage in the	7730
office of the secretary of state, auditor of state, treasurer of	7731
state, and attorney general, employees of the courts, employees of	7732
the bureau of workers' compensation whose compensation the	7733
administrator of workers' compensation establishes under division	7734
(B) of section 4121.121 of the Revised Code, or employees of an	7735
appointing authority authorized by law to fix the compensation of	7736
those employees.	7737

(I) The director shall set the rate of compensation for all	7738
intermittent, seasonal, temporary, emergency, and casual employees	7739
in the service of the state who are not considered public	7740
employees under section 4117.01 of the Revised Code. Those	7741
employees are not entitled to receive employee benefits. This rate	7742
of compensation shall be equitable in terms of the rate of	7743
employees serving in the same or similar classifications. This	7744
division does not apply to elected officials, legislative	7745
employees, employees of the legislative service commission,	7746
employees who are in the unclassified civil service and exempt	7747
from collective bargaining coverage in the office of the secretary	7748
of state, auditor of state, treasurer of state, and attorney	7749
general, employees of the courts, employees of the bureau of	7750
workers' compensation whose compensation the administrator	7751
establishes under division (B) of section 4121.121 of the Revised	7752
Code, or employees of an appointing authority authorized by law to	7753
fix the compensation of those employees.	7754

Sec. 124.15. (A) Board and commission members appointed	7755
prior to July 1, 1991, shall be paid a salary or wage in	7756
accordance with the following schedules of rates:	7757

Schedule B	7758

Pay Ranges and Step Values	7759

Range		Step 1	Step 2	Step 3	Step 4	7760
23	Hourly	5.72	5.91	6.10	6.31	7761
	Annually	11897.60	12292.80	12688.00	13124.80	7762
Step 5	Step 6				7763
	Hourly	6.52	6.75			7764
	Annually	13561.60	14040.00			7765
Step 1	Step 2	Step 3	Step 4		7766
24	Hourly	6.00	6.20	6.41	6.63	7767
	Annually	12480.00	12896.00	13332.80	13790.40	7768
Step 5	Step 6				7769
	Hourly	6.87	7.10			7770
	Annually	14289.60	14768.00			7771
Step 1	Step 2	Step 3	Step 4		7772
25	Hourly	6.31	6.52	6.75	6.99	7773
	Annually	13124.80	13561.60	14040.00	14539.20	7774
Step 5	Step 6				7775
	Hourly	7.23	7.41			7776
	Annually	15038.40	15412.80			7777
Step 1	Step 2	Step 3	Step 4		7778
26	Hourly	6.63	6.87	7.10	7.32	7779
	Annually	13790.40	14289.60	14768.00	15225.60	7780
Step 5	Step 6				7781
	Hourly	7.53	7.77			7782
	Annually	15662.40	16161.60			7783
Step 1	Step 2	Step 3	Step 4		7784
27	Hourly	6.99	7.23	7.41	7.64	7785
	Annually	14534.20	15038.40	15412.80	15891.20	7786
Step 5	Step 6	Step 7			7787
	Hourly	7.88	8.15	8.46		7788
	Annually	16390.40	16952.00	17596.80		7789
Step 1	Step 2	Step 3	Step 4		7790
28	Hourly	7.41	7.64	7.88	8.15	7791
	Annually	15412.80	15891.20	16390.40	16952.00	7792
Step 5	Step 6	Step 7			7793
	Hourly	8.46	8.79	9.15		7794
	Annually	17596.80	18283.20	19032.00		7795
Step 1	Step 2	Step 3	Step 4		7796
29	Hourly	7.88	8.15	8.46	8.79	7797
	Annually	16390.40	16952.00	17596.80	18283.20	7798
Step 5	Step 6	Step 7			7799
	Hourly	9.15	9.58	10.01		7800
	Annually	19032.00	19926.40	20820.80		7801
Step 1	Step 2	Step 3	Step 4		7802
30	Hourly	8.46	8.79	9.15	9.58	7803
	Annually	17596.80	18283.20	19032.00	19926.40	7804
Step 5	Step 6	Step 7			7805
	Hourly	10.01	10.46	10.99		7806
	Annually	20820.80	21756.80	22859.20		7807
Step 1	Step 2	Step 3	Step 4		7808
31	Hourly	9.15	9.58	10.01	10.46	7809
	Annually	19032.00	19962.40	20820.80	21756.80	7810
Step 5	Step 6	Step 7			7811
	Hourly	10.99	11.52	12.09		7812
	Annually	22859.20	23961.60	25147.20		7813
Step 1	Step 2	Step 3	Step 4		7814
32	Hourly	10.01	10.46	10.99	11.52	7815
	Annually	20820.80	21756.80	22859.20	23961.60	7816
Step 5	Step 6	Step 7	Step 8		7817
	Hourly	12.09	12.68	13.29	13.94	7818
	Annually	25147.20	26374.40	27643.20	28995.20	7819
Step 1	Step 2	Step 3	Step 4		7820
33	Hourly	10.99	11.52	12.09	12.68	7821
	Annually	22859.20	23961.60	25147.20	26374.40	7822
Step 5	Step 6	Step 7	Step 8		7823
	Hourly	13.29	13.94	14.63	15.35	7824
	Annually	27643.20	28995.20	30430.40	31928.00	7825
Step 1	Step 2	Step 3	Step 4		7826
34	Hourly	12.09	12.68	13.29	13.94	7827
	Annually	25147.20	26374.40	27643.20	28995.20	7828
Step 5	Step 6	Step 7	Step 8		7829
	Hourly	14.63	15.35	16.11	16.91	7830
	Annually	30430.40	31928.00	33508.80	35172.80	7831
Step 1	Step 2	Step 3	Step 4		7832
35	Hourly	13.29	13.94	14.63	15.35	7833
	Annually	27643.20	28995.20	30430.40	31928.00	7834
Step 5	Step 6	Step 7	Step 8		7835
	Hourly	16.11	16.91	17.73	18.62	7836
	Annually	33508.80	35172.80	36878.40	38729.60	7837
Step 1	Step 2	Step 3	Step 4		7838
36	Hourly	14.63	15.35	16.11	16.91	7839
	Annually	30430.40	31928.00	33508.80	35172.80	7840
Step 5	Step 6	Step 7	Step 8		7841
	Hourly	17.73	18.62	19.54	20.51	7842
	Annually	36878.40	38729.60	40643.20	42660.80	7843

Schedule C	7844

Pay Range and Values	7845

Range		Minimum	Maximum	7846
41 Hourly		10.44	15.72	7847
	Annually	21715.20	32697.60	7848
42 Hourly		11.51	17.35	7849
	Annually	23940.80	36088.00	7850
43 Hourly		12.68	19.12	7851
	Annually	26374.40	39769.60	7852
44 Hourly		13.99	20.87	7853
	Annually	29099.20	43409.60	7854
45 Hourly		15.44	22.80	7855
	Annually	32115.20	47424.00	7856
46 Hourly		17.01	24.90	7857
	Annually	35380.80	51792.00	7858
47 Hourly		18.75	27.18	7859
	Annually	39000.00	56534.40	7860
48 Hourly		20.67	29.69	7861
	Annually	42993.60	61755.20	7862
49 Hourly		22.80	32.06	7863
	Annually	47424.00	66684.80	7864

(B) The pay schedule of all employees shall be on a biweekly	7865
basis, with amounts computed on an hourly basis.	7866

(C) Part-time employees shall be compensated on an hourly	7867
basis for time worked, at the rates shown in division (A) of this	7868
section or in section 124.152 of the Revised Code.	7869

(D) The salary and wage rates in division (A) of this section	7870
or in section 124.152 of the Revised Code represent base rates of	7871
compensation and may be augmented by the provisions of section	7872
124.181 of the Revised Code. In those cases where lodging, meals,	7873
laundry, or other personal services are furnished an employee in	7874
the service of the state, the actual costs or fair market value of	7875
the personal services shall be paid by the employee in such	7876
amounts and manner as determined by the director of administrative	7877
services and approved by the director of budget and management,	7878
and those personal services shall not be considered as a part of	7879
the employee's compensation. An appointing authority that appoints	7880
employees in the service of the state, with the approval of the	7881
director of administrative services and the director of budget and	7882
management, may establish payments to employees for uniforms,	7883
tools, equipment, and other requirements of the department and	7884
payments for the maintenance of them.	7885

The director of administrative services may review collective	7886
bargaining agreements entered into under Chapter 4117. of the	7887
Revised Code that cover employees in the service of the state and	7888
determine whether certain benefits or payments provided to the	7889
employees covered by those agreements should also be provided to	7890
employees in the service of the state who are exempt from	7891
collective bargaining coverage and are paid in accordance with	7892
section 124.152 of the Revised Code or are listed in division	7893
(B)(2) or (4) of section 124.14 of the Revised Code. On completing	7894
the review, the director of administrative services, with the	7895
approval of the director of budget and management, may provide to	7896
some or all of these employees any payment or benefit, except for	7897
salary, contained in such a collective bargaining agreement even	7898
if it is similar to a payment or benefit already provided by law	7899
to some or all of these employees. Any payment or benefit so	7900
provided shall not exceed the highest level for that payment or	7901
benefit specified in such a collective bargaining agreement. The	7902
director of administrative services shall not provide, and the	7903
director of budget and management shall not approve, any payment	7904
or benefit to such an employee under this division unless the	7905
payment or benefit is provided pursuant to a collective bargaining	7906
agreement to a state employee who is in a position with similar	7907
duties as, is supervised by, or is employed by the same appointing	7908
authority as, the employee to whom the benefit or payment is to be	7909
provided.	7910

As used in this division, "payment or benefit already	7911
provided by law" includes, but is not limited to, bereavement,	7912
personal, vacation, administrative, and sick leave, disability	7913
benefits, holiday pay, and pay supplements provided under the	7914
Revised Code, but does not include wages or salary.	7915

(E) New employees paid in accordance with schedule B of	7916
division (A) of this section or schedule E-1 of section 124.152 of	7917
the Revised Code shall be employed at the minimum rate established	7918
for the range unless otherwise provided. Employees with	7919
qualifications that are beyond the minimum normally required for	7920
the position and that are determined by the director to be	7921
exceptional may be employed in, or may be transferred or promoted	7922
to, a position at an advanced step of the range. Further, in time	7923
of a serious labor market condition when it is relatively	7924
impossible to recruit employees at the minimum rate for a	7925
particular classification, the entrance rate may be set at an	7926
advanced step in the range by the director of administrative	7927
services. This rate may be limited to geographical regions of the	7928
state. Appointments made to an advanced step under the provision	7929
regarding exceptional qualifications shall not affect the step	7930
assignment of employees already serving. However, anytime the	7931
hiring rate of an entire classification is advanced to a higher	7932
step, all incumbents of that classification being paid at a step	7933
lower than that being used for hiring, shall be advanced beginning	7934
at the start of the first pay period thereafter to the new hiring	7935
rate, and any time accrued at the lower step will be used to	7936
calculate advancement to a succeeding step. If the hiring rate of	7937
a classification is increased for only a geographical region of	7938
the state, only incumbents who work in that geographical region	7939
shall be advanced to a higher step. When an employee in the	7940
unclassified service changes from one state position to another or	7941
is appointed to a position in the classified service, or if an	7942
employee in the classified service is appointed to a position in	7943
the unclassified service, the employee's salary or wage in the new	7944
position shall be determined in the same manner as if the employee	7945
were an employee in the classified service. When an employee in	7946
the unclassified service who is not eligible for step increases is	7947
appointed to a classification in the classified service under	7948
which step increases are provided, future step increases shall be	7949
based on the date on which the employee last received a pay	7950
increase. If the employee has not received an increase during the	7951
previous year, the date of the appointment to the classified	7952
service shall be used to determine the employee's annual step	7953
advancement eligibility date. In reassigning any employee to a	7954
classification resulting in a pay range increase or to a new pay	7955
range as a result of a promotion, an increase pay range	7956
adjustment, or other classification change resulting in a pay	7957
range increase, the director shall assign such employee to the	7958
step in the new pay range that will provide an increase of	7959
approximately four per cent if the new pay range can accommodate	7960
the increase. When an employee is being assigned to a	7961
classification or new pay range as the result of a class plan	7962
change, if the employee has completed a probationary period, the	7963
employee shall be placed in a step no lower than step two of the	7964
new pay range. If the employee has not completed a probationary	7965
period, the employee may be placed in step one of the new pay	7966
range. Such new salary or wage shall become effective on such date	7967
as the director determines.	7968

(F) If employment conditions and the urgency of the work	7969
require such action, the director of administrative services may,	7970
upon the application of a department head, authorize payment at	7971
any rate established within the range for the class of work, for	7972
work of a casual or intermittent nature or on a project basis.	7973
Payment at such rates shall not be made to the same individual for	7974
more than three calendar months in any one calendar year. Any such	7975
action shall be subject to the approval of the director of budget	7976
and management as to the availability of funds. This section and	7977
sections 124.14 and 124.152 of the Revised Code do not repeal any	7978
authority of any department or public official to contract with or	7979
fix the compensation of professional persons who may be employed	7980
temporarily for work of a casual nature or for work on a project	7981
basis.	7982

(G)(1) Except as provided in ~~division~~divisions (G)(2) and	7983
(3) of this section, each state employee paid in accordance with	7984
schedule B of this section or schedule E-1 of section 124.152 of	7985
the Revised Code shall be eligible for advancement to succeeding	7986
steps in the range for the employee's class or grade according to	7987
the schedule established in this division. Beginning on the first	7988
day of the pay period within which the employee completes the	7989
prescribed probationary period in the employee's classification	7990
with the state, each employee shall receive an automatic salary	7991
adjustment equivalent to the next higher step within the pay	7992
range for the employee's class or grade.	7993

~~Each~~Except as provided in divisions (G)(2) and (3) of this	7994
section, each employee paid in accordance with schedule E-1 of	7995
section 124.152 of the Revised Code shall be eligible to advance	7996
to the next higher step until the employee reaches the top step	7997
in the range for the employee's class or grade, if the employee	7998
has maintained satisfactory performance in accordance with	7999
criteria established by the employee's appointing authority. Those	8000
step advancements shall not occur more frequently than once in	8001
any twelve-month period.	8002

~~When an employee is promoted or reassigned to a higher pay~~	8003
~~range, the employee's step indicator shall return to "0" or be~~	8004
~~adjusted to account for a probationary period, as appropriate.~~	8005
When an employee is promoted, the step entry date shall be set to	8006
account for a probationary period. When an employee is reassigned	8007
to a higher pay range, the step entry date shall be set to allow	8008
an employee who is not at the highest step of the range to receive	8009
a step advancement one year from the reassignment date. Step	8010
advancement shall not be affected by demotion. A promoted	8011
employee shall advance to the next higher step of the pay range on	8012
the first day of the pay period in which the required probationary	8013
period is completed. Step advancement shall become effective at	8014
the beginning of the pay period within which the employee attains	8015
the necessary length of service. Time spent on authorized leave of	8016
absence shall be counted for this purpose.	8017

If determined to be in the best interest of the state	8018
service, the director of administrative services may, either	8019
statewide or in selected agencies, adjust the dates on which	8020
annual step advancements are received by employees paid in	8021
accordance with schedule E-1 of section 124.152 of the Revised	8022
Code.	8023

(2)(a)~~(i) Except as provided in division (G)(2)(a)(ii) of~~	8024
~~this section, there~~There shall be a moratorium on annual step	8025
advancements under division (G)(1) of this section ~~from the pay~~	8026
~~period~~ beginning ~~June 29, 2003~~June 21, 2009, through ~~the pay~~	8027
~~period ending June 25, 2005~~June 20, 2011. Step advancements	8028
shall resume with the pay period beginning ~~June 26, 2005~~June 21,	8029
2011. Upon the resumption of step advancements, there shall be no	8030
retroactive step advancements for the period the moratorium was	8031
in effect. The moratorium shall not affect an employee's	8032
performance evaluation schedule.	8033

~~(ii) During the moratorium under division (G)(2)(a)(i) of~~	8034
~~this section, an employee who is hired or promoted and serves a~~	8035
~~probationary period in the employee's new position shall advance~~	8036
~~to the next step in the employee's pay range upon successful~~	8037
~~completion of the employee's probationary period. Thereafter, the~~	8038
~~employee is subject to the moratorium.~~An employee who begins a	8039
probationary period before June 21, 2009, shall advance to the	8040
next step in the employee's pay range at the end of probation, and	8041
then become subject to the moratorium. An employee who is hired,	8042
promoted, or reassigned to a higher pay range between June 21,	8043
2009, through June 20, 2011, shall not advance to the next step in	8044
the employee's pay range until the next anniversary of the	8045
employee's date of hire, promotion, or reassignment that occurs on	8046
or after June 21, 2011.	8047

(b) The moratorium under division (G)(2)(a)~~(i)~~ of this	8048
section shall apply to the employees of the secretary of state,	8049
the auditor of state, the treasurer of state, and the attorney	8050
general, who are subject to this section unless the secretary of	8051
state, the auditor of state, the treasurer of state, or the	8052
attorney general decides to exempt the office's employees from the	8053
moratorium and so notifies the director of administrative services	8054
in writing on or before ~~July 1, 2003~~July 1, 2009.	8055

(3) Employees in intermittent positions shall be employed at	8056
the minimum rate established for the pay range for their	8057
classification and are not eligible for step advancements.	8058

(H) Employees in appointive managerial or professional	8059
positions paid in accordance with schedule C of this section or	8060
schedule E-2 of section 124.152 of the Revised Code may be	8061
appointed at any rate within the appropriate pay range. This rate	8062
of pay may be adjusted higher or lower within the respective pay	8063
range at any time the appointing authority so desires as long as	8064
the adjustment is based on the employee's ability to successfully	8065
administer those duties assigned to the employee. Salary	8066
adjustments shall not be made more frequently than once in any	8067
six-month period under this provision to incumbents holding the	8068
same position and classification.	8069

(I) When an employee is assigned to duty outside this state,	8070
the employee may be compensated, upon request of the department	8071
head and with the approval of the director of administrative	8072
services, at a rate not to exceed fifty per cent in excess of the	8073
employee's current base rate for the period of time spent on that	8074
duty.	8075

(J) Unless compensation for members of a board or commission	8076
is otherwise specifically provided by law, the director of	8077
administrative services shall establish the rate and method of	8078
payment for members of boards and commissions pursuant to the pay	8079
schedules listed in section 124.152 of the Revised Code.	8080

(K) Regular full-time employees in positions assigned to	8081
classes within the instruction and education administration series	8082
under the rules of the director of administrative services, except	8083
certificated employees on the instructional staff of the state	8084
school for the blind or the state school for the deaf, whose	8085
positions are scheduled to work on the basis of an academic year	8086
rather than a full calendar year, shall be paid according to the	8087
pay range assigned by such rules but only during those pay periods	8088
included in the academic year of the school where the employee is	8089
located.	8090

(1) Part-time or substitute teachers or those whose period of	8091
employment is other than the full academic year shall be	8092
compensated for the actual time worked at the rate established by	8093
this section.	8094

(2) Employees governed by this division are exempt from	8095
sections 124.13 and 124.19 of the Revised Code.	8096

(3) Length of service for the purpose of determining	8097
eligibility for step advancements as provided by division (G) of	8098
this section and for the purpose of determining eligibility for	8099
longevity pay supplements as provided by division (E) of section	8100
124.181 of the Revised Code shall be computed on the basis of one	8101
full year of service for the completion of each academic year.	8102

(L) The superintendent of the state school for the deaf and	8103
the superintendent of the state school for the blind shall,	8104
subject to the approval of the superintendent of public	8105
instruction, carry out both of the following:	8106

(1) Annually, between the first day of April and the last day	8107
of June, establish for the ensuing fiscal year a schedule of	8108
hourly rates for the compensation of each certificated employee on	8109
the instructional staff of that superintendent's respective school	8110
constructed as follows:	8111

(a) Determine for each level of training, experience, and	8112
other professional qualification for which an hourly rate is set	8113
forth in the current schedule, the per cent that rate is of the	8114
rate set forth in such schedule for a teacher with a bachelor's	8115
degree and no experience. If there is more than one such rate for	8116
such a teacher, the lowest rate shall be used to make the	8117
computation.	8118

(b) Determine which six city, local, and exempted village	8119
school districts with territory in Franklin county have in effect	8120
on, or have adopted by, the first day of April for the school year	8121
that begins on the ensuing first day of July, teacher salary	8122
schedules with the highest minimum salaries for a teacher with a	8123
bachelor's degree and no experience;	8124

(c) Divide the sum of such six highest minimum salaries by	8125
ten thousand five hundred sixty;	8126

(d) Multiply each per cent determined in division (L)(1)(a)	8127
of this section by the quotient obtained in division (L)(1)(c) of	8128
this section;	8129

(e) One hundred five per cent of each product thus obtained	8130
shall be the hourly rate for the corresponding level of training,	8131
experience, or other professional qualification in the schedule	8132
for the ensuing fiscal year.	8133

(2) Annually, assign each certificated employee on the	8134
instructional staff of the superintendent's respective school to	8135
an hourly rate on the schedule that is commensurate with the	8136
employee's training, experience, and other professional	8137
qualifications.	8138

If an employee is employed on the basis of an academic year,	8139
the employee's annual salary shall be calculated by multiplying	8140
the employee's assigned hourly rate times one thousand seven	8141
hundred sixty. If an employee is not employed on the basis of an	8142
academic year, the employee's annual salary shall be calculated in	8143
accordance with the following formula:	8144

(a) Multiply the number of days the employee is required to	8145
work pursuant to the employee's contract by eight;	8146

(b) Multiply the product of division (L)(2)(a) of this	8147
section by the employee's assigned hourly rate.	8148

Each employee shall be paid an annual salary in biweekly	8149
installments. The amount of each installment shall be calculated	8150
by dividing the employee's annual salary by the number of biweekly	8151
installments to be paid during the year.	8152

Sections 124.13 and 124.19 of the Revised Code do not apply	8153
to an employee who is paid under this division.	8154

As used in this division, "academic year" means the number of	8155
days in each school year that the schools are required to be open	8156
for instruction with pupils in attendance. Upon completing an	8157
academic year, an employee paid under this division shall be	8158
deemed to have completed one year of service. An employee paid	8159
under this division is eligible to receive a pay supplement under	8160
division (L)(1), (2), or (3) of section 124.181 of the Revised	8161
Code for which the employee qualifies, but is not eligible to	8162
receive a pay supplement under division (L)(4) or (5) of that	8163
section. An employee paid under this division is eligible to	8164
receive a pay supplement under division (L)(6) of section 124.181	8165
of the Revised Code for which the employee qualifies, except that	8166
the supplement is not limited to a maximum of five per cent of the	8167
employee's regular base salary in a calendar year.	8168

(M) Division (A) of this section does not apply to "exempt	8169
employees," as defined in section 124.152 of the Revised Code, who	8170
are paid under that section.	8171

Notwithstanding any other provisions of this chapter, when an	8172
employee transfers between bargaining units or transfers out of or	8173
into a bargaining unit, the director of administrative services	8174
shall establish the employee's compensation and adjust the maximum	8175
leave accrual schedule as the director deems equitable.	8176

Sec. 124.152. (A)(1) Except as provided in divisions (A)(2)	8177
and (3) of this section, each exempt employee shall be paid a	8178
salary or wage in accordance with schedule E-1 or schedule E-2 of	8179
division (B)~~, (C), or (D)~~ of this section~~, as applicable~~.	8180

(2) Each exempt employee who holds a position in the	8181
unclassified civil service pursuant to division (A)(26) or (30) of	8182
section 124.11 of the Revised Code may be paid a salary or wage in	8183
accordance with schedule E-1, schedule E-1 for step seven only, or	8184
schedule E-2 of division (B),or (C)~~, (D), (E), (F), or (G)~~ of	8185
this section, as applicable.	8186

(3)(a) Except as provided in division (A)(3)(b) of this	8187
section, each exempt employee who was paid a salary or wage at	8188
step 7 in the employee's pay range on June 28, 2003, in accordance	8189
with the applicable schedule E-1 of former section 124.152 of the	8190
Revised Code and who continued to be so paid on June 29, 2003,	8191
shall be paid a salary or wage in the corresponding pay range in	8192
schedule E-1 for step seven only of division ~~(E), (F), or (G)~~(C)	8193
of this section~~, as applicable,~~ for as long as the employee	8194
remains in the position the employee held as of July 1, 2003.	8195

(b) Except as provided in division (A)(3)(c) of this section,	8196
if an exempt employee who is being paid a salary or wage in	8197
accordance with schedule E-1 for step seven only of division ~~(E),~~	8198
~~(F), or (G)~~(C) of this section~~, as applicable,~~ moves to another	8199
position, the employee shall not receive a salary or wage for	8200
that position or any other position in the future in accordance	8201
with that schedule.	8202

(c) If an exempt employee who is being paid a salary or wage	8203
in accordance with schedule E-1 for step seven only of division	8204
~~(E), (F), or (G)~~(C) of this section~~, as applicable,~~ moves to	8205
another position assigned to pay range 12 or above, the	8206
appointing authority may assign the employee to be paid a salary	8207
or wage in the appropriate pay range for that position in	8208
accordance with the ~~applicable~~ schedule E-1 for step seven only	8209
of division (C) of this section, provided that the appointing	8210
authority so notifies the director of administrative services in	8211
writing at the time the employee is appointed to that position.	8212

(B) ~~Beginning on the first day of the pay period that~~	8213
~~includes July 1, 2006, each exempt employee who must be paid in~~	8214
~~accordance with schedule E-1 or schedule E-2 of this section shall~~	8215
~~be paid a salary or wage in accordance with the following schedule~~	8216
~~of rates:~~	8217

~~Schedule E-1~~	8218

~~Pay Ranges and Step Values~~	8219

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	8220
	~~Range~~	1	2	3	4	5	6	8221
1	~~Hourly~~	~~9.40~~	~~9.82~~	~~10.24~~	~~10.68~~			8222
	~~Annually~~	~~19552~~	~~20426~~	~~21299~~	~~22214~~			8223
2	~~Hourly~~	~~11.40~~	~~11.88~~	~~12.40~~	~~12.94~~			8224
	~~Annually~~	~~23712~~	~~24710~~	~~25792~~	~~26915~~			8225
3	~~Hourly~~	~~11.94~~	~~12.48~~	~~13.03~~	~~13.60~~			8226
	~~Annually~~	~~24835~~	~~25958~~	~~27102~~	~~28288~~			8227
4	~~Hourly~~	~~12.54~~	~~13.10~~	~~13.72~~	~~14.34~~			8228
	~~Annually~~	~~26083~~	~~27248~~	~~28538~~	~~29827~~			8229
5	~~Hourly~~	~~13.15~~	~~13.75~~	~~14.34~~	~~14.97~~			8230
	~~Annually~~	~~27352~~	~~28600~~	~~29827~~	~~31138~~			8231
6	~~Hourly~~	~~13.86~~	~~14.43~~	~~15.07~~	~~15.69~~			8232
	~~Annually~~	~~28829~~	~~30014~~	~~31346~~	~~32635~~			8233
7	~~Hourly~~	~~14.72~~	~~15.27~~	~~15.88~~	~~16.44~~	~~17.08~~		8234
	~~Annually~~	~~30618~~	~~31762~~	~~33030~~	~~34195~~	~~35526~~		8235
8	~~Hourly~~	~~15.56~~	~~16.24~~	~~16.95~~	~~17.71~~	~~18.46~~		8236
	~~Annually~~	~~32365~~	~~33779~~	~~35256~~	~~36837~~	~~38397~~		8237
9	~~Hourly~~	~~16.60~~	~~17.46~~	~~18.32~~	~~19.23~~	~~20.21~~		8238
	~~Annually~~	~~34528~~	~~36317~~	~~38106~~	~~39998~~	~~42037~~		8239
10	~~Hourly~~	~~17.91~~	~~18.89~~	~~19.90~~	~~21.05~~	~~22.18~~		8240
	~~Annually~~	~~37253~~	~~39291~~	~~41392~~	~~43784~~	~~46134~~		8241
11	~~Hourly~~	~~19.50~~	~~20.64~~	~~21.84~~	~~23.06~~	~~24.38~~		8242
	~~Annually~~	~~40560~~	~~42931~~	~~45427~~	~~47965~~	~~50710~~		8243
12	~~Hourly~~	~~21.51~~	~~22.72~~	~~23.94~~	~~25.27~~	~~26.68~~	~~28.13~~	8244
	~~Annually~~	~~44741~~	~~47258~~	~~49795~~	~~52562~~	~~55494~~	~~58510~~	8245
13	~~Hourly~~	~~23.71~~	~~25.01~~	~~26.39~~	~~27.80~~	~~29.36~~	~~30.96~~	8246
	~~Annually~~	~~49317~~	~~52021~~	~~54891~~	~~57824~~	~~61069~~	~~64397~~	8247
14	~~Hourly~~	~~26.08~~	~~27.55~~	~~29.03~~	~~30.62~~	~~32.35~~	~~34.15~~	8248
	~~Annually~~	~~54246~~	~~57304~~	~~60382~~	~~63690~~	~~67288~~	~~71032~~	8249
15	~~Hourly~~	~~28.64~~	~~30.25~~	~~31.96~~	~~33.72~~	~~35.59~~	~~37.55~~	8250
	~~Annually~~	~~59571~~	~~62920~~	~~66477~~	~~70138~~	~~74027~~	~~78104~~	8251
16	~~Hourly~~	~~31.58~~	~~33.33~~	~~35.17~~	~~37.14~~	~~39.19~~	~~41.43~~	8252
	~~Annually~~	~~65686~~	~~69326~~	~~73154~~	~~77251~~	~~81515~~	~~86174~~	8253
17	~~Hourly~~	~~34.80~~	~~36.72~~	~~38.78~~	~~40.92~~	~~43.20~~	~~45.61~~	8254
	~~Annually~~	~~72384~~	~~76378~~	~~80662~~	~~85114~~	~~89856~~	~~94869~~	8255
18	~~Hourly~~	~~38.35~~	~~40.47~~	~~42.75~~	~~45.10~~	~~47.60~~	~~50.26~~	8256
	~~Annually~~	~~79768~~	~~84178~~	~~88920~~	~~93808~~	~~99008~~	~~104541~~	8257

~~Schedule E-2~~	8258

	~~Range~~	~~Minimum~~	~~Maximum~~	8259
41	~~Hourly~~	~~16.23~~	~~34.77~~	8260
	~~Annually~~	~~33758~~	~~72322~~	8261
42	~~Hourly~~	~~17.89~~	~~38.41~~	8262
	~~Annually~~	~~37211~~	~~79893~~	8263
43	~~Hourly~~	~~19.70~~	~~42.30~~	8264
	~~Annually~~	~~40976~~	~~87984~~	8265
44	~~Hourly~~	~~21.73~~	~~46.21~~	8266
	~~Annually~~	~~45198~~	~~96117~~	8267
45	~~Hourly~~	~~24.01~~	~~50.44~~	8268
	~~Annually~~	~~49941~~	~~104915~~	8269
46	~~Hourly~~	~~26.43~~	~~55.13~~	8270
	~~Annually~~	~~54974~~	~~114670~~	8271
47	~~Hourly~~	~~29.14~~	~~60.16~~	8272
	~~Annually~~	~~60611~~	~~125133~~	8273
48	~~Hourly~~	~~32.14~~	~~65.65~~	8274
	~~Annually~~	~~66851~~	~~136552~~	8275
49	~~Hourly~~	~~35.44~~	~~70.89~~	8276
	~~Annually~~	~~73715~~	~~147451~~	8277

~~(C) Beginning on the first day of the pay period that~~	8278
~~includes July 1, 2007, each exempt employee who must be paid in~~	8279
~~accordance with schedule E-1 or schedule E-2 of this section shall~~	8280
~~be paid a salary or wage in accordance with the following schedule~~	8281
~~of rates:~~	8282

~~Schedule E-1~~	8283

~~Pay Ranges and Step Values~~	8284

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	8285
	~~Range~~	1	2	3	4	5	6	8286
1	~~Hourly~~	~~9.73~~	~~10.16~~	~~10.60~~	~~11.05~~			8287
	~~Annually~~	~~20238~~	~~21133~~	~~22048~~	~~22984~~			8288
2	~~Hourly~~	~~11.80~~	~~12.30~~	~~12.83~~	~~13.39~~			8289
	~~Annually~~	~~24544~~	~~25584~~	~~26686~~	~~27851~~			8290
3	~~Hourly~~	~~12.36~~	~~12.92~~	~~13.49~~	~~14.08~~			8291
	~~Annually~~	~~25709~~	~~26874~~	~~28059~~	~~29286~~			8292
4	~~Hourly~~	~~12.98~~	~~13.56~~	~~14.20~~	~~14.84~~			8293
	~~Annually~~	~~26998~~	~~28205~~	~~29536~~	~~30867~~			8294
5	~~Hourly~~	~~13.61~~	~~14.23~~	~~14.84~~	~~15.49~~			8295
	~~Annually~~	~~28309~~	~~29598~~	~~30867~~	~~32219~~			8296
6	~~Hourly~~	~~14.35~~	~~14.94~~	~~15.60~~	~~16.24~~			8297
	~~Annually~~	~~29848~~	~~31075~~	~~32448~~	~~33779~~			8298
7	~~Hourly~~	~~15.24~~	~~15.80~~	~~16.44~~	~~17.02~~	~~17.68~~		8299
	~~Annually~~	~~31699~~	~~32864~~	~~34195~~	~~35402~~	~~36774~~		8300
8	~~Hourly~~	~~16.10~~	~~16.81~~	~~17.54~~	~~18.33~~	~~19.11~~		8301
	~~Annually~~	~~33488~~	~~34965~~	~~36483~~	~~38126~~	~~39749~~		8302
9	~~Hourly~~	~~17.18~~	~~18.07~~	~~18.96~~	~~19.90~~	~~20.92~~		8303
	~~Annually~~	~~35734~~	~~37586~~	~~39437~~	~~41392~~	~~43514~~		8304
10	~~Hourly~~	~~18.54~~	~~19.55~~	~~20.60~~	~~21.79~~	~~22.96~~		8305
	~~Annually~~	~~38563~~	~~40664~~	~~42848~~	~~45323~~	~~47757~~		8306
11	~~Hourly~~	~~20.18~~	~~21.36~~	~~22.60~~	~~23.87~~	~~25.23~~		8307
	~~Annually~~	~~41974~~	~~44429~~	~~47008~~	~~49650~~	~~52478~~		8308
12	~~Hourly~~	~~22.26~~	~~23.52~~	~~24.78~~	~~26.15~~	~~27.61~~	~~29.11~~	8309
	~~Annually~~	~~46301~~	~~48922~~	~~51542~~	~~54392~~	~~57429~~	~~60549~~	8310
13	~~Hourly~~	~~24.54~~	~~25.89~~	~~27.31~~	~~28.77~~	~~30.39~~	~~32.04~~	8311
	~~Annually~~	~~51043~~	~~53851~~	~~56805~~	~~59842~~	~~63211~~	~~66643~~	8312
14	~~Hourly~~	~~26.99~~	~~28.51~~	~~30.05~~	~~31.69~~	~~33.48~~	~~35.35~~	8313
	~~Annually~~	~~56139~~	~~59301~~	~~62504~~	~~65915~~	~~69638~~	~~73528~~	8314
15	~~Hourly~~	~~29.64~~	~~31.31~~	~~33.08~~	~~34.90~~	~~36.84~~	~~38.86~~	8315
	~~Annually~~	~~61651~~	~~65125~~	~~68806~~	~~72592~~	~~76627~~	~~80829~~	8316
16	~~Hourly~~	~~32.69~~	~~34.50~~	~~36.40~~	~~38.44~~	~~40.56~~	~~42.88~~	8317
	~~Annually~~	~~67995~~	~~71760~~	~~75712~~	~~79955~~	~~84365~~	~~89190~~	8318
17	~~Hourly~~	~~36.02~~	~~38.01~~	~~40.14~~	~~42.35~~	~~44.71~~	~~47.21~~	8319
	~~Annually~~	~~74922~~	~~79061~~	~~83491~~	~~88088~~	~~92997~~	~~98197~~	8320
18	~~Hourly~~	~~39.69~~	~~41.89~~	~~44.25~~	~~46.68~~	~~49.27~~	~~52.02~~	8321
	~~Annually~~	~~82555~~	~~87131~~	~~92040~~	~~97094~~	~~102482~~	~~108202~~	8322

~~Schedule E-2~~	8323

	~~Range~~	~~Minimum~~	~~Maximum~~	8324
41	~~Hourly~~	~~16.23~~	~~35.99~~	8325
	~~Annually~~	~~33758~~	~~74859~~	8326
42	~~Hourly~~	~~17.89~~	~~39.75~~	8327
	~~Annually~~	~~37211~~	~~82680~~	8328
43	~~Hourly~~	~~19.70~~	~~43.78~~	8329
	~~Annually~~	~~40976~~	~~91062~~	8330
44	~~Hourly~~	~~21.73~~	~~47.83~~	8331
	~~Annually~~	~~45198~~	~~99486~~	8332
45	~~Hourly~~	~~24.01~~	~~52.21~~	8333
	~~Annually~~	~~49941~~	~~108597~~	8334
46	~~Hourly~~	~~26.43~~	~~57.06~~	8335
	~~Annually~~	~~54974~~	~~118685~~	8336
47	~~Hourly~~	~~29.14~~	~~62.27~~	8337
	~~Annually~~	~~60611~~	~~129522~~	8338
48	~~Hourly~~	~~32.14~~	~~67.95~~	8339
	~~Annually~~	~~66851~~	~~141336~~	8340
49	~~Hourly~~	~~35.44~~	~~73.37~~	8341
	~~Annually~~	~~73715~~	~~152610~~	8342

~~(D)~~ Beginning on the first day of the pay period that	8343
includes July 1, 2008, each exempt employee who must be paid in	8344
accordance with schedule E-1 or schedule E-2 of this section shall	8345
be paid a salary or wage in accordance with the following schedule	8346
of rates:	8347

Schedule E-1	8348

Pay Ranges and Step Values	8349

		Step	Step	Step	Step	Step	Step	8350
	Range	1	2	3	4	5	6	8351
1	Hourly	10.07	10.52	10.97	11.44			8352
	Annually	20946	21882	22818	23795			8353
2	Hourly	12.21	12.73	13.28	13.86			8354
	Annually	25397	26478	27622	28829			8355
3	Hourly	12.79	13.37	13.96	14.57			8356
	Annually	26603	27810	29037	30306			8357
4	Hourly	13.43	14.03	14.70	15.36			8358
	Annually	27934	29182	30576	31949			8359
5	Hourly	14.09	14.73	15.36	16.03			8360
	Annually	29307	30638	31949	33342			8361
6	Hourly	14.85	15.46	16.15	16.81			8362
	Annually	30888	32157	33592	34965			8363
7	Hourly	15.77	16.35	17.02	17.62	18.30		8364
	Annually	32802	34008	35402	36650	38064		8365
8	Hourly	16.66	17.40	18.15	18.97	19.78		8366
	Annually	34653	36192	37752	39458	41142		8367
9	Hourly	17.78	18.70	19.62	20.60	21.65		8368
	Annually	36982	38896	40810	42848	45032		8369
10	Hourly	19.19	20.23	21.32	22.55	23.76		8370
	Annually	39915	42078	44346	46904	49421		8371
11	Hourly	20.89	22.11	23.39	24.71	26.11		8372
	Annually	43451	45989	48651	51397	54309		8373
12	Hourly	23.04	24.34	25.65	27.07	28.58	30.13	8374
	Annually	47923	50627	53352	56306	59446	62670	8375
13	Hourly	25.40	26.80	28.27	29.78	31.45	33.16	8376
	Annually	52832	55744	58802	61942	65416	68973	8377
14	Hourly	27.93	29.51	31.10	32.80	34.65	36.59	8378
	Annually	58094	61381	64688	68224	72072	76107	8379
15	Hourly	30.68	32.41	34.24	36.12	38.13	40.22	8380
	Annually	63814	67413	71219	75130	79310	83658	8381
16	Hourly	33.83	35.71	37.67	39.79	41.98	44.38	8382
	Annually	70366	74277	78354	82763	87318	92310	8383
17	Hourly	37.28	39.34	41.54	43.83	46.27	48.86	8384
	Annually	77542	81827	86403	91166	96242	101629	8385
18	Hourly	41.08	43.36	45.80	48.31	50.99	53.84	8386
	Annually	85446	90189	95264	100485	106059	111987	8387

Schedule E-2	8388

	Range	Minimum	Maximum	8389
41	Hourly	16.23	37.25	8390
	Annually	33758	77480	8391
42	Hourly	17.89	41.14	8392
	Annually	37211	85571	8393
43	Hourly	19.70	45.31	8394
	Annually	40976	94245	8395
44	Hourly	21.73	49.50	8396
	Annually	45198	102960	8397
45	Hourly	24.01	54.04	8398
	Annually	49941	112403	8399
46	Hourly	26.43	59.06	8400
	Annually	54974	122845	8401
47	Hourly	29.14	64.45	8402
	Annually	60611	134056	8403
48	Hourly	32.14	70.33	8404
	Annually	66851	146286	8405
49	Hourly	35.44	75.94	8406
	Annually	73715	157955	8407

~~(E) Beginning on the first day of the pay period that~~	8408
~~includes July 1, 2006, each exempt employee who must be paid in~~	8409
~~accordance with schedule E-1 for step seven only shall be paid a~~	8410
~~salary or wage in accordance with the following schedule of rates:~~	8411

~~Schedule E-1 for Step Seven Only~~	8412

~~Pay Ranges and Step Seven Values~~	8413

	~~Range~~		8414
12	~~Hourly~~	~~29.68~~	8415
	~~Annually~~	~~61734~~	8416
13	~~Hourly~~	~~32.66~~	8417
	~~Annually~~	~~67933~~	8418
14	~~Hourly~~	~~36.01~~	8419
	~~Annually~~	~~74901~~	8420
15	~~Hourly~~	~~39.61~~	8421
	~~Annually~~	~~82389~~	8422
16	~~Hourly~~	~~43.70~~	8423
	~~Annually~~	~~90896~~	8424
17	~~Hourly~~	~~48.13~~	8425
	~~Annually~~	~~100110~~	8426
18	~~Hourly~~	~~53.02~~	8427
	~~Annually~~	~~110282~~	8428

~~(F) Beginning on the first day of the pay period that~~	8429
~~includes July 1, 2007, each exempt employee who must be paid in~~	8430
~~accordance with schedule E-1 for step seven only shall be paid a~~	8431
~~salary or wage in accordance with the following schedule of rates:~~	8432

~~Schedule E-1 for Step Seven Only~~	8433

~~Pay Ranges and Step Values~~	8434

	~~Range~~		8435
12	~~Hourly~~	~~30.72~~	8436
	~~Annually~~	~~63898~~	8437
13	~~Hourly~~	~~33.80~~	8438
	~~Annually~~	~~70304~~	8439
14	~~Hourly~~	~~37.27~~	8440
	~~Annually~~	~~77522~~	8441
15	~~Hourly~~	~~41.00~~	8442
	~~Annually~~	~~85280~~	8443
16	~~Hourly~~	~~45.23~~	8444
	~~Annually~~	~~94078~~	8445
17	~~Hourly~~	~~49.81~~	8446
	~~Annually~~	~~103605~~	8447
18	~~Hourly~~	~~54.88~~	8448
	~~Annually~~	~~114150~~	8449

~~(G)~~(C) Beginning on the first day of the pay period that	8450
includes July 1, 2008, each exempt employee who must be paid in	8451
accordance with salary schedule E-1 for step seven only shall be	8452
paid a salary or wage in accordance with the following schedule of	8453
rates:	8454

Schedule E-1 for Step Seven Only	8455

Pay Ranges and Step Values	8456

	Range		8457
12	Hourly	31.80	8458
	Annually	66144	8459
13	Hourly	34.98	8460
	Annually	72758	8461
14	Hourly	38.57	8462
	Annually	80226	8463
15	Hourly	42.44	8464
	Annually	88275	8465
16	Hourly	46.81	8466
	Annually	97365	8467
17	Hourly	51.55	8468
	Annually	107224	8469
18	Hourly	56.80	8470
	Annually	118144	8471

~~(H)~~(D) As used in this section, "exempt employee" means a	8472
permanent full-time or permanent part-time employee paid directly	8473
by warrant of the director of budget and management whose position	8474
is included in the job classification plan established under	8475
division (A) of section 124.14 of the Revised Code but who is not	8476
considered a public employee for the purposes of Chapter 4117. of	8477
the Revised Code. As used in this section, "exempt employee" also	8478
includes a permanent full-time or permanent part-time employee of	8479
the secretary of state, auditor of state, treasurer of state, or	8480
attorney general who has not been placed in an appropriate	8481
bargaining unit by the state employment relations board.	8482

Sec. 124.18. (A) Forty hours shall be the standard work	8483
week for all employees whose salary or wage is paid in whole or in	8484
part by the state or by any state-supported college or university.	8485
When any employee whose salary or wage is paid in whole or in part	8486
by the state or by any state-supported college or university is	8487
required by an authorized administrative authority to be in an	8488
active pay status more than forty hours in any calendar week, the	8489
employee shall be compensated for such time over forty hours,	8490
except as otherwise provided in this section, at one and one-half	8491
times the employee's regular rate of pay. The use of sick leave or	8492
any leave used in lieu of sick leave shall not be considered to be	8493
active pay status for the purposes of earning overtime or	8494
compensatory time by employees whose wages are paid directly by	8495
warrant of the director of budget and management. A flexible-hours	8496
employee is not entitled to compensation for overtime work unless	8497
the employee's authorized administrative authority required the	8498
employee to be in active pay status for more than forty hours in a	8499
calendar week, regardless of the number of hours the employee	8500
works on any day in the same calendar week.	8501

Such compensation for overtime work shall be paid no later	8502
than at the conclusion of the next succeeding pay period.	8503

If the employee elects to take compensatory time off in lieu	8504
of overtime pay for any overtime worked, such compensatory time	8505
shall be granted by the employee's administrative superior, on a	8506
time and one-half basis, at a time mutually convenient to the	8507
employee and the administrative superior. Compensatory time is not	8508
available for use until it appears on the employee's earning	8509
statement and the compensation described in the earning statement	8510
is available to the employee.	8511

An employee may accrue compensatory time to a maximum of two	8512
hundred forty hours, except that public safety employees and other	8513
employees who meet the criteria established in the "Federal Fair	8514
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,	8515
as amended, may accrue a maximum of four hundred eighty hours of	8516
compensatory time. An employee shall be paid at the employee's	8517
regular rate of pay for any hours of compensatory time accrued in	8518
excess of these maximum amounts if the employee has not used the	8519
compensatory time within ~~one~~three hundred ~~eighty~~sixty-five days	8520
after it is granted, if the employee transfers to another agency	8521
of the state, or if a change in the employee's status exempts the	8522
employee from the payment of overtime compensation. Upon the	8523
termination of employment, any employee with accrued but unused	8524
compensatory time shall be paid for that time at a rate that is	8525
the greater of the employee's final regular rate of pay or the	8526
employee's average regular rate of pay during the employee's last	8527
three years of employment with the state.	8528

No overtime, as described in this section, can be paid unless	8529
it has been authorized by the authorized administrative authority.	8530
Employees may be exempted from the payment of compensation as	8531
required by this section only under the criteria for exemption	8532
from the payment of overtime compensation established in the	8533
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	8534
U.S.C.A. 207, 213, as amended. With the approval of the director	8535
of administrative services, the appointing authority may establish	8536
a policy to grant compensatory time or to pay compensation to	8537
state employees who are exempt from overtime compensation. With	8538
the approval of the board of county commissioners, a county human	8539
services department may establish a policy to grant compensatory	8540
time or to pay compensation to employees of the department who are	8541
exempt from overtime compensation.	8542

(B)(1) An employee, whose salary or wage is paid in whole or	8543
in part by the state, shall be paid for the holidays declared in	8544
section 124.19 of the Revised Code and shall not be required to	8545
work on those holidays, unless, in the opinion of the employee's	8546
responsible administrative authority, failure to work on those	8547
holidays would impair the public service. An	8548

(2) An employee paid directly by warrant of the director of	8549
budget and management who is scheduled to work on ~~a holiday~~the	8550
first day of January, the commemoration of memorial day, the	8551
fourth day of July, the fourth Thursday in November, or the	8552
twenty-fifth day of December and who does not report to work the	8553
day before, the day of, or the day after the holiday due to an	8554
illness of the employee or of a member of the employee's immediate	8555
family shall not receive holiday pay as provided by this division,	8556
unless the employee can provide documentation of extenuating	8557
circumstances that prohibited the employee from so reporting to	8558
work. AnIf the employee works a shift between the employee's	8559
scheduled shift and the holiday, the employee shall be paid for	8560
the holiday.	8561

(3) An employee also shall not be paid for a holiday unless	8562
the employee was in active pay status on the scheduled work day	8563
immediately preceding the holiday, except that an employee need	8564
not be in active pay status on that work day in order to be paid	8565
for the holiday if the employee is participating in a mandatory or	8566
voluntary cost savings day under section 124.392 of the Revised	8567
Code.	8568

~~(2)~~(4) If any of the holidays declared in section 124.19 of	8569
the Revised Code falls on Saturday, the Friday immediately	8570
preceding shall be observed as the holiday. If any of the holidays	8571
declared in section 124.19 of the Revised Code falls on Sunday,	8572
the Monday immediately succeeding shall be observed as the	8573
holiday. Employees whose work schedules are based on the	8574
requirements of a seven-days-a-week work operation shall observe	8575
holidays on the actual days specified in section 124.19 of the	8576
Revised Code.	8577

~~(3)~~(5) If an employee's work schedule is other than Monday	8578
through Friday, the employee shall be entitled to eight hours of	8579
holiday pay for holidays observed on the employee's day off	8580
regardless of the day of the week on which they are observed.	8581

~~(4)~~(6) A full-time permanent employee is entitled to a	8582
minimum of eight hours of pay for each holiday regardless of the	8583
employee's work shift and work schedule. A flexible-hours	8584
employee, who is normally scheduled to work in excess of eight	8585
hours on a day on which a holiday falls, either shall be required	8586
to work an alternate schedule for that week or shall receive	8587
additional holiday pay for the hours the employee is normally	8588
scheduled to work. Such an alternate schedule may require a	8589
flexible-hours employee to work five shifts consisting of eight	8590
hours each during the week including the holiday, and, in that	8591
case, the employee shall receive eight hours of holiday pay for	8592
the day the holiday is observed.	8593

~~(5) Part-time~~(7) Except as provided under section 124.392 of	8594
the Revised Code, part-time permanent employees shall receive four	8595
hours of holiday pay ~~on a pro-rated basis, based upon the daily~~	8596
~~average of actual hours worked, excluding overtime hours worked,~~	8597
~~in the previous calendar quarter. The figure shall be calculated~~	8598
~~for the preceding calendar quarter on the first day of January,~~	8599
~~April, July, and October of each year~~regardless of the employee's	8600
work shift and work schedule.	8601

~~(6)~~(8) When an employee who is eligible for overtime pay	8602
under this section is required by the employee's responsible	8603
administrative authority to work on the day observed as a holiday,	8604
the employee shall be entitled to pay for such time worked at one	8605
and one-half times the employee's regular rate of pay in addition	8606
to the employee's regular pay, or to be granted compensatory time	8607
off at time and one-half thereafter, at the employee's option.	8608
Payment at such rate shall be excluded in the calculation of hours	8609
in active pay status.	8610

(C) Each appointing authority may designate the number of	8611
employees in an agency who are flexible-hours employees. The	8612
appointing authority may establish for each flexible-hours	8613
employee a specified minimum number of hours to be worked each day	8614
that is consistent with the "Federal Fair Labor Standards Act of	8615
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.	8616

(D) This section shall be uniformly administered for	8617
employees as defined in section 124.01 of the Revised Code and by	8618
the personnel departments of state-supported colleges and	8619
universities for employees of state-supported colleges and	8620
universities. If employees are not paid directly by warrant of the	8621
director of budget and management, the political subdivision shall	8622
determine whether the use of sick leave shall be considered to be	8623
active pay status for purposes of those employees earning overtime	8624
or compensatory time.	8625

(E) Policies relating to the payment of overtime pay or the	8626
granting of compensatory time off shall be adopted by the chief	8627
administrative officer of the house of representatives for	8628
employees of the house of representatives, by the clerk of the	8629
senate for employees of the senate, and by the director of the	8630
legislative service commission for all other legislative	8631
employees.	8632

(F) As used in this section, "regular rate of pay" means the	8633
base rate of pay an employee receives plus any pay supplements	8634
received pursuant to section 124.181 of the Revised Code.	8635

Sec. 124.181. (A) Except as provided in ~~division~~divisions	8636
(M) and (P) of this section, any employee paid in accordance with	8637
schedule B of section 124.15 or schedule E-1 or schedule E-1 for	8638
step seven only of section 124.152 of the Revised Code is	8639
eligible for the pay supplements provided in this section upon	8640
application by the appointing authority substantiating the	8641
employee's qualifications for the supplement and with the	8642
approval of the director of administrative services except as	8643
provided in division (E) of this section.	8644

(B)(1) Except as provided in section 124.183 of the Revised	8645
Code, in computing any of the pay supplements provided in this	8646
section for an employee paid in accordance with schedule B of	8647
section 124.15 of the Revised Code, the classification salary base	8648
shall be the minimum hourly rate of the pay range, provided in	8649
that section, in which the employee is assigned at the time of	8650
computation.	8651

(2) Except as provided in section 124.183 of the Revised	8652
Code, in computing any of the pay supplements provided in this	8653
section for an employee paid in accordance with schedule E-1 of	8654
section 124.152 of the Revised Code, the classification salary	8655
base shall be the minimum hourly rate of the pay range, provided	8656
in that section, in which the employee is assigned at the time of	8657
computation.	8658

(3) Except as provided in section 124.183 of the Revised	8659
Code, in computing any of the pay supplements provided in this	8660
section for an employee paid in accordance with schedule E-1 for	8661
step seven only of section 124.152 of the Revised Code, the	8662
classification salary base shall be the minimum hourly rate in the	8663
corresponding pay range, provided in schedule E-1 of that section,	8664
to which the employee is assigned at the time of the computation.	8665

(C) The effective date of any pay supplement, except as	8666
provided in section 124.183 of the Revised Code or unless	8667
otherwise provided in this section, shall be determined by the	8668
director.	8669

(D) The director shall, by rule, establish standards	8670
regarding the administration of this section.	8671

(E)(1) Except as otherwise provided in this division,	8672
beginning on the first day of the pay period within which the	8673
employee completes five years of total service with the state	8674
government or any of its political subdivisions, each employee in	8675
positions paid in accordance with schedule B of section 124.15 of	8676
the Revised Code or in accordance with schedule E-1 or schedule	8677
E-1 for step seven only of section 124.152 of the Revised Code	8678
shall receive an automatic salary adjustment equivalent to two and	8679
one-half per cent of the classification salary base, to the	8680
nearest whole cent. Each employee shall receive thereafter an	8681
annual adjustment equivalent to one-half of one per cent of the	8682
employee's classification salary base, to the nearest whole cent,	8683
for each additional year of qualified employment until a maximum	8684
of ten per cent of the employee's classification salary base is	8685
reached. The granting of longevity adjustments shall not be	8686
affected by promotion, demotion, or other changes in	8687
classification held by the employee, nor by any change in pay	8688
range for the employee's class or grade. Longevity pay adjustments	8689
shall become effective at the beginning of the pay period within	8690
which the employee completes the necessary length of service,	8691
except that when an employee requests credit for prior service,	8692
the effective date of the prior service credit and of any	8693
longevity adjustment shall be the first day of the pay period	8694
following approval of the credit by the director of administrative	8695
services. No employee, other than an employee who submits proof of	8696
prior service within ninety days after the date of the employee's	8697
hiring, shall receive any longevity adjustment for the period	8698
prior to the director's approval of a prior service credit. Time	8699
spent on authorized leave of absence shall be counted for this	8700
purpose.	8701

(2) An employee who has retired in accordance with the	8702
provisions of any retirement system offered by the state and who	8703
is employed by the state or any political subdivision of the state	8704
on or after June 24, 1987, shall not have prior service with the	8705
state or any political subdivision of the state counted for the	8706
purpose of determining the amount of the salary adjustment	8707
provided under this division.	8708

(3) There shall be a moratorium on employees' receipt under	8709
this division of credit for service with the state government or	8710
any of its political subdivisions during the period from July 1,	8711
2003, through June 30, 2005. In calculating the number of years of	8712
total service under this division, no credit shall be included for	8713
service during the moratorium. The moratorium shall apply to the	8714
employees of the secretary of state, the auditor of state, the	8715
treasurer of state, and the attorney general, who are subject to	8716
this section unless the secretary of state, the auditor of state,	8717
the treasurer of state, or the attorney general decides to exempt	8718
the office's employees from the moratorium and so notifies the	8719
director of administrative services in writing on or before July	8720
1, 2003.	8721

If an employee is exempt from the moratorium, receives credit	8722
for a period of service during the moratorium, and takes a	8723
position with another entity in the state government or any of its	8724
political subdivisions, either during or after the moratorium, and	8725
if that entity's employees are or were subject to the moratorium,	8726
the employee shall continue to retain the credit. However, if the	8727
moratorium is in effect upon the taking of the new position, the	8728
employee shall cease receiving additional credit as long as the	8729
employee is in the position, until the moratorium expires.	8730

(F) When an exceptional condition exists that creates a	8731
temporary or a permanent hazard for one or more positions in a	8732
class paid in accordance with schedule B of section 124.15 of the	8733
Revised Code or in accordance with schedule E-1 or schedule E-1	8734
for step seven only of section 124.152 of the Revised Code, a	8735
special hazard salary adjustment may be granted for the time the	8736
employee is subjected to the hazardous condition. All special	8737
hazard conditions shall be identified for each position and	8738
incidence from information submitted to the director on an	8739
appropriate form provided by the director and categorized into	8740
standard conditions of: some unusual hazard not common to the	8741
class; considerable unusual hazard not common to the class; and	8742
exceptional hazard not common to the class.	8743

(1) A hazardous salary adjustment of five per cent of the	8744
employee's classification salary base may be applied in the case	8745
of some unusual hazardous condition not common to the class for	8746
those hours worked, or a fraction of those hours worked, while the	8747
employee was subject to the unusual hazard condition.	8748

(2) A hazardous salary adjustment of seven and one-half per	8749
cent of the employee's classification salary base may be applied	8750
in the case of some considerable hazardous condition not common to	8751
the class for those hours worked, or a fraction of those hours	8752
worked, while the employee was subject to the considerable hazard	8753
condition.	8754

(3) A hazardous salary adjustment of ten per cent of the	8755
employee's classification salary base may be applied in the case	8756
of some exceptional hazardous condition not common to the class	8757
for those hours worked, or a fraction of those hours worked, when	8758
the employee was subject to the exceptional hazard condition.	8759

(4) Each claim for temporary hazard pay shall be submitted as	8760
a separate payment and shall be subject to an administrative audit	8761
by the director as to the extent and duration of the employee's	8762
exposure to the hazardous condition.	8763

(G) When a full-time employee whose salary or wage is paid	8764
directly by warrant of the director of budget and management and	8765
who also is eligible for overtime under the "Fair Labor Standards	8766
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is	8767
ordered by the appointing authority to report back to work after	8768
termination of the employee's regular work schedule and the	8769
employee reports, the employee shall be paid for such time. The	8770
employee shall be entitled to four hours at the employee's total	8771
rate of pay or overtime compensation for the actual hours worked,	8772
whichever is greater. This division does not apply to work that is	8773
a continuation of or immediately preceding an employee's regular	8774
work schedule.	8775

(H) When a certain position or positions paid in accordance	8776
with schedule B of section 124.15 of the Revised Code or in	8777
accordance with schedule E-1 or schedule E-1 for step seven only	8778
of section 124.152 of the Revised Code require the ability to	8779
speak or write a language other than English, a special pay	8780
supplement may be granted to attract bilingual individuals, to	8781
encourage present employees to become proficient in other	8782
languages, or to retain qualified bilingual employees. The	8783
bilingual pay supplement provided in this division may be granted	8784
in the amount of five per cent of the employee's classification	8785
salary base for each required foreign language and shall remain in	8786
effect as long as the bilingual requirement exists.	8787

(I) The director of administrative services may establish a	8788
shift differential for employees. The differential shall be paid	8789
to employees in positions working in other than the regular or	8790
first shift. In those divisions or agencies where only one shift	8791
prevails, no shift differential shall be paid regardless of the	8792
hours of the day that are worked. The director and the appointing	8793
authority shall designate which positions shall be covered by this	8794
division.	8795

(J) Whenever an employee is assigned to work in a higher	8796
level position for a continuous period of more than two weeks but	8797
no more than two years because of a vacancy, the employee's pay	8798
may be established at a rate that is approximately four per cent	8799
above the employee's current base rate for the period the employee	8800
occupies the position, provided that this temporary occupancy is	8801
approved by the director. Employees paid under this division shall	8802
continue to receive any of the pay supplements due them under	8803
other divisions of this section based on the step one base rate	8804
for their normal classification.	8805

(K) If a certain position, or positions, within a class paid	8806
in accordance with schedule B of section 124.15 of the Revised	8807
Code or in accordance with schedule E-1 or schedule E-1 for step	8808
seven only of section 124.152 of the Revised Code are mandated by	8809
state or federal law or regulation or other regulatory agency or	8810
other certification authority to have special technical	8811
certification, registration, or licensing to perform the functions	8812
which are under the mandate, a special professional achievement	8813
pay supplement may be granted. This special professional	8814
achievement pay supplement shall not be granted when all	8815
incumbents in all positions in a class require a license as	8816
provided in the classification description published by the	8817
department of administrative services; to licensees where no	8818
special or extensive training is required; when certification is	8819
granted upon completion of a stipulated term of in-service	8820
training; when an appointing authority has required certification;	8821
or any other condition prescribed by the director.	8822

(1) Before this supplement may be applied, evidence as to the	8823
requirement must be provided by the agency for each position	8824
involved, and certification must be received from the director as	8825
to the director's concurrence for each of the positions so	8826
affected.	8827

(2) The professional achievement pay supplement provided in	8828
this division shall be granted in an amount up to ten per cent of	8829
the employee's classification salary base and shall remain in	8830
effect as long as the mandate exists.	8831

(L) Those employees assigned to teaching supervisory,	8832
principal, assistant principal, or superintendent positions who	8833
have attained a higher educational level than a basic bachelor's	8834
degree may receive an educational pay supplement to remain in	8835
effect as long as the employee's assignment and classification	8836
remain the same.	8837

(1) An educational pay supplement of two and one-half per	8838
cent of the employee's classification salary base may be applied	8839
upon the achievement of a bachelor's degree plus twenty quarter	8840
hours of postgraduate work.	8841

(2) An educational pay supplement of an additional five per	8842
cent of the employee's classification salary base may be applied	8843
upon achievement of a master's degree.	8844

(3) An educational pay supplement of an additional two and	8845
one-half per cent of the employee's classification salary base may	8846
be applied upon achievement of a master's degree plus thirty	8847
quarter hours of postgraduate work.	8848

(4) An educational pay supplement of five per cent of the	8849
employee's classification salary base may be applied when the	8850
employee is performing as a master teacher.	8851

(5) An educational pay supplement of five per cent of the	8852
employee's classification salary base may be applied when the	8853
employee is performing as a special education teacher.	8854

(6) Those employees in teaching supervisory, principal,	8855
assistant principal, or superintendent positions who are	8856
responsible for specific extracurricular activity programs shall	8857
receive overtime pay for those hours worked in excess of their	8858
normal schedule, at their straight time hourly rate up to a	8859
maximum of five per cent of their regular base salary in any	8860
calendar year.	8861

(M)(1) A state agency, board, or commission may establish a	8862
supplementary compensation schedule for those licensed physicians	8863
employed by the agency, board, or commission in positions	8864
requiring a licensed physician. The supplementary compensation	8865
schedule, together with the compensation otherwise authorized by	8866
this chapter, shall provide for the total compensation for these	8867
employees to range appropriately, but not necessarily uniformly,	8868
for each classification title requiring a licensed physician, in	8869
accordance with a schedule approved by the state controlling	8870
board. The individual salary levels recommended for each such	8871
physician employed shall be approved by the director.	8872
Notwithstanding section 124.11 of the Revised Code, such personnel	8873
are in the unclassified civil service.	8874

(2) The director of administrative services may approve	8875
supplementary compensation for the director of health, if the	8876
director is a licensed physician, in accordance with a	8877
supplementary compensation schedule approved under division (M)(1)	8878
of this section or in accordance with another supplementary	8879
compensation schedule the director of administrative services	8880
considers appropriate. The supplementary compensation shall not	8881
exceed twenty per cent of the director of health's base rate of	8882
pay.	8883

(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,	8884
117.42, and 131.02 of the Revised Code, the state shall not	8885
institute any civil action to recover and shall not seek	8886
reimbursement for overpayments made in violation of division (E)	8887
of this section or division (C) of section 9.44 of the Revised	8888
Code for the period starting after June 24, 1987, and ending on	8889
October 31, 1993.	8890

(O) Employees of the office of the treasurer of state who are	8891
exempt from collective bargaining coverage may be granted a merit	8892
pay supplement of up to one and one-half per cent of their step	8893
rate. The rate at which this supplement is granted shall be based	8894
on performance standards established by the treasurer of state.	8895
Any supplements granted under this division shall be administered	8896
on an annual basis.	8897

(P) Intermittent employees appointed under section 124.30 of	8898
the Revised Code are not eligible for the pay supplements	8899
provided by this section.	8900

Sec. 124.183. (A) As used in this section, "active payroll"	8901
means ~~when an employee is actively working; on military, workers'~~	8902
~~compensation, occupational injury, or disability leave; or on an~~	8903
~~approved leave of absence~~conditions under which an employee is in	8904
active pay status or eligible to receive pay for an approved leave	8905
of absence including, but not limited to, occupational injury	8906
leave, disability leave, or workers' compensation.	8907

(B)~~(1) Each permanent employee paid in accordance with~~	8908
~~schedule E-1 of section 124.152 of the Revised Code who was~~	8909
~~appointed on or before March 6, 2003, and remains continuously on~~	8910
~~the active payroll through November 14, 2004, shall receive a~~	8911
~~one-time pay supplement. The supplement shall be a two per cent~~	8912
~~lump sum payment that is based on the annualization of the top~~	8913
~~step of the pay range in schedule E-1 that the employee is in on~~	8914
~~November 14, 2004.~~	8915

~~(2) Each permanent employee paid in accordance with schedule~~	8916
~~E-1 for step seven only of section 124.152 of the Revised Code who~~	8917
~~was appointed on or before March 6, 2003, and remains continuously~~	8918
~~on the active payroll through November 14, 2004, shall receive a~~	8919
~~one-time pay supplement. The supplement shall be a two per cent~~	8920
~~lump sum payment that is based on the annualization of step 6 of~~	8921
~~the pay range in schedule E-1 of section 124.152 of the Revised~~	8922
~~Code that corresponds with the pay range in schedule E-1 for step~~	8923
~~seven only that the employee is in on November 14, 2004.~~	8924

~~(3) Each permanent employee paid under schedule E-2 of~~	8925
~~section 124.152 of the Revised Code who was appointed on or before~~	8926
~~March 6, 2003, and remains continuously on the active payroll~~	8927
~~through November 14, 2004, shall receive a one-time pay~~	8928
~~supplement. The supplement shall be a two per cent lump sum~~	8929
~~payment that is based upon the annualization of the maximum hourly~~	8930
~~rate of the pay range in schedule E-2 that the employee is in on~~	8931
~~November 14, 2004.~~	8932

~~(C) Each permanent employee who is exempt from collective~~	8933
~~bargaining, is not covered by division (B) of this section, was~~	8934
~~appointed on or before March 6, 2003, and remains continuously on~~	8935
~~the active payroll through November 14, 2004, shall receive a~~	8936
~~one-time pay supplement. The supplement shall be a two per cent~~	8937
~~lump sum payment that is based upon the annualization of the base~~	8938
~~rate of the employee's pay on November 14, 2004.~~	8939

~~(D) A part-time employee who is eligible to receive a~~	8940
~~one-time pay supplement under division (B) or (C) of this section~~	8941
~~shall have the employee's one-time pay supplement pro-rated based~~	8942
~~on the number of hours worked in the twenty-six pay periods prior~~	8943
~~to November 14, 2004.~~	8944

~~An employee who is eligible to receive a one-time pay~~	8945
~~supplement under division (B) or (C) of this section and was on a~~	8946
~~voluntary leave of absence shall have the employee's one-time pay~~	8947
~~supplement pro-rated based on the number of hours worked in the~~	8948
~~twenty-six pay periods prior to November 14, 2004.~~	8949

~~(E) A one-time pay supplement under this section shall be~~	8950
~~paid in the employee's first paycheck in December of 2004.~~	8951

~~(F)~~This section applies only to employees who are eligible	8952
to receive personal leave under section 124.386 of the Revised	8953
Code.	8954

(C)(1) Employees who are in active payroll status on July 30,	8955
2011, shall receive a one-time pay supplement in the earnings	8956
statements they receive on August 26, 2011. Full-time employees	8957
shall receive a one-time pay supplement equivalent to thirty-two	8958
hours of personal leave or a one-time pay supplement equivalent to	8959
half the hours of personal leave the employee lost during the	8960
moratorium under division (A) of section 124.386 of the Revised	8961
Code, whichever is less. Part-time employees shall receive a	8962
one-time pay supplement equivalent to sixteen hours of personal	8963
leave.	8964

(2) Employees who are not in active payroll status on July	8965
30, 2011, due to military leave or an absence taken under the	8966
federal Family and Medical Leave Act are eligible to receive the	8967
one-time pay supplement.	8968

(D) Notwithstanding any provision of law to the contrary, a	8969
one-time pay supplement under this section shall not be subject to	8970
withholding for deposit into any state retirement system.	8971
Notwithstanding any provision of law to the contrary, a one-time	8972
pay supplement under this section shall not be used for	8973
calculation purposes in determining an employee's retirement	8974
benefits in any state retirement system.	8975

~~(G)(1) This section does not apply to employees of the~~	8976
~~general assembly, legislative agencies, or the supreme court.~~	8977

~~(2)~~(E) This section does not apply to employees of the	8978
secretary of state, the auditor of state, the treasurer of state,	8979
or the attorney general unless the secretary of state, the auditor	8980
of state, the treasurer of state, or the attorney general ~~decides~~	8981
~~that the office's employees should be eligible for the one-time~~	8982
~~pay supplement and so notifies~~participated in the moratorium	8983
under division (H) of section 124.386 of the Revised Code and	8984
notified the director of administrative services in writing on or	8985
before ~~July 1, 2004~~July 1, 2009, of the decision to participate	8986
in the one-time pay supplement.	8987

Sec. 124.22. Rules establishing educational requirements as	8988
a condition of taking a civil service examination shall only be	8989
adopted with respect to positions for which educational	8990
requirements are expressly imposed by a section of the Revised	8991
Code or federal requirements or for which the director determines	8992
that the educational requirements are job-related. An applicant	8993
for a civil service examination must be a United States citizen or	8994
have ~~legally declared the intention of becoming a United States~~	8995
~~citizen~~a valid permanent resident card.	8996

Sec. 124.23. (A) All applicants for positions and places in	8997
the classified service shall be subject to examination, except for	8998
applicants for positions as professional or certified service and	8999
paraprofessional employees of county boards of mental retardation	9000
and developmental disabilities, who shall be hired in the manner	9001
provided in section 124.241 of the Revised Code.	9002

(B) Any examination administered under this section shall be	9003
public and be open to all citizens of the United States and those	9004
persons who have legally declared their intentions of becoming	9005
United States citizens~~, within certain limitations to be~~	9006
~~determined by~~. For examinations administered for positions in the	9007
service of the state, the director of administrative services may	9008
determine certain limitations as to citizenship, age, experience,	9009
education, health, habit, and moral character. ~~Any~~	9010

(C) Any person who has completed service in the uniformed	9011
services, who has been honorably discharged from the uniformed	9012
services or transferred to the reserve with evidence of	9013
satisfactory service, and who is a resident of this state and any	9014
member of the national guard or a reserve component of the armed	9015
forces of the United States who has completed more than one	9016
hundred eighty days of active duty service pursuant to an	9017
executive order of the president of the United States or an act of	9018
the congress of the United States may file with the director a	9019
certificate of service or honorable discharge, and, upon this	9020
filing, the person shall receive additional credit of twenty per	9021
cent of the person's total grade given in the regular examination	9022
in which the person receives a passing grade.	9023

As used in this division, "service in the uniformed services"	9024
and "uniformed services" have the same meanings as in the	9025
"Uniformed Services Employment and Reemployment Rights Act of	9026
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	9027

~~(C)~~(D) An examination may include an evaluation of such	9028
factors as education, training, capacity, knowledge, manual	9029
dexterity, and physical or psychological fitness. An examination	9030
shall consist of one or more tests in any combination. Tests may	9031
be written, oral, physical, demonstration of skill, or an	9032
evaluation of training and experiences and shall be designed to	9033
fairly test the relative capacity of the persons examined to	9034
discharge the particular duties of the position for which	9035
appointment is sought. Tests may include structured interviews,	9036
assessment centers, work simulations, examinations of knowledge,	9037
skills, and abilities, and any other acceptable testing methods.	9038
If minimum or maximum requirements are established for any	9039
examination, they shall be specified in the examination	9040
announcement.	9041

~~(D)~~(E) The director of administrative services shall have	9042
control of all examinations administered for positions in the	9043
service of the state and all other examinations the director	9044
administers as provided in section 124.07 of the Revised Code,	9045
except as otherwise provided in sections 124.01 to 124.64 of the	9046
Revised Code. No	9047

(F) No questions in any examination shall relate to	9048
political or religious opinions or affiliations. No credit for	9049
seniority, efficiency, or any other reason shall be added to an	9050
applicant's examination grade unless the applicant achieves at	9051
least the minimum passing grade on the examination without	9052
counting that extra credit.	9053

~~(E)~~(G) Except as otherwise provided in sections 124.01 to	9054
124.64 of the Revised Code, the director of administrative	9055
services shall give reasonable notice of the time, place, and	9056
general scope of every competitive examination for appointment to	9057
~~a position in the civil service~~that the director administers for	9058
positions in the service of the state. The director shall send	9059
written, printed, or electronic notices of every examination to	9060
be conducted for positions in the ~~state~~ classified civil service	9061
of the state to each agency of the type the director of job and	9062
family services specifies and, in the case of a county in which no	9063
such agency is located, to the clerk of the court of common pleas	9064
of that county and to the clerk of each city located within that	9065
county. Those notices shall be posted in conspicuous public places	9066
in the designated agencies or the courthouse, and city hall of	9067
the cities, of the counties in which no designated agency is	9068
located for at least two weeks preceding any examination	9069
involved, and in a conspicuous place in the office of the director	9070
of administrative services for at least two weeks preceding any	9071
examination involved. In case of examinations limited by the	9072
director to a district, county, city, or department, the director	9073
shall provide by rule for adequate publicity of an examination in	9074
the district, county, city, or department within which competition	9075
is permitted.	9076

Sec. 124.27. (A) The head of a department, office, or	9077
institution, in which a position in the classified service is to	9078
be filled, shall notify the director of administrative services of	9079
the fact, and the director shall, except as otherwise provided in	9080
this section and sections 124.30 and 124.31 of the Revised Code,	9081
certify to the appointing authority the names and addresses of the	9082
ten candidates standing highest on the eligible list for the class	9083
or grade to which the position belongs, except that the director	9084
may certify less than ten names if ten names are not available.	9085
When less than ten names are certified to an appointing authority,	9086
appointment from that list shall not be mandatory. When a position	9087
in the classified service in the department of mental health or	9088
the department of mental retardation and developmental	9089
disabilities is to be filled, the director of administrative	9090
services shall make such certification to the appointing authority	9091
within seven working days of the date the eligible list is	9092
requested.	9093

(B) The appointing authority shall notify the director of a	9094
position in the classified service to be filled, and the	9095
appointing authority shall fill the vacant position by appointment	9096
of one of the ten persons certified by the director. If more than	9097
one position is to be filled, the director may certify a group of	9098
names from the eligible list, and the appointing authority shall	9099
appoint in the following manner: beginning at the top of the list,	9100
each time a selection is made, it must be from one of the first	9101
ten candidates remaining on the list who is willing to accept	9102
consideration for the position. If an eligible list becomes	9103
exhausted, and until a new list can be created, or when no	9104
eligible list for a position exists, names may be certified from	9105
eligible lists most appropriate for the group or class in which	9106
the position to be filled is classified. A person who is certified	9107
from an eligible list more than three times to the same appointing	9108
authority for the same or similar positions may be omitted from	9109
future certification to that appointing authority, provided that	9110
certification for a temporary appointment shall not be counted as	9111
one of those certifications. Every person who qualifies for	9112
veteran's preference under section 124.23 of the Revised Code, who	9113
is a resident of this state, and whose name is on the eligible	9114
list for a position shall be entitled to preference in original	9115
appointments to any such competitive position in the civil service	9116
of the state and its civil divisions over all other persons	9117
eligible for those appointments and standing on the relevant	9118
eligible list with a rating equal to that of the person qualifying	9119
for veteran's preference. Appointments to all positions in the	9120
classified service, that are not filled by promotion, transfer, or	9121
reduction, as provided in sections 124.01 to 124.64 of the Revised	9122
Code and the rules of the director prescribed under those	9123
sections, shall be made only from those persons whose names are	9124
certified to the appointing authority, and no employment, except	9125
as provided in those sections, shall be otherwise given in the	9126
classified service of this state or any political subdivision of	9127
the state.	9128

(C) All original and promotional appointments, including	9129
appointments made pursuant to section 124.30 of the Revised Code,	9130
but not intermittent appointments, shall be for a probationary	9131
period, not less than sixty days nor more than one year, to be	9132
fixed by the rules of the director, except as provided in section	9133
124.231 of the Revised Code, and except for original appointments	9134
to a police department as a police officer or to a fire department	9135
as a firefighter which shall be for a probationary period of one	9136
year. No appointment or promotion is final until the appointee	9137
has satisfactorily served the probationary period. If the service	9138
of the probationary employee is unsatisfactory, the employee may	9139
be removed or reduced at any time during the probationary period.	9140
If the appointing authority decides to remove a probationary	9141
employee in the service of the state, the appointing authority	9142
shall communicate to the director the reason for that decision. A	9143
probationary employee duly removed or reduced in position for	9144
unsatisfactory service does not have the right to appeal the	9145
removal or reduction under section 124.34 of the Revised Code.	9146

Sec. 124.321. (A) Whenever it becomes necessary for an	9147
appointing authority to reduce its work force, the appointing	9148
authority shall lay off employees or abolish their positions in	9149
accordance with sections 124.321 to 124.327 of the Revised Code	9150
~~and~~. If the affected work force is in the service of the state,	9151
the reduction shall also be in compliance with the rules of the	9152
director of administrative services.	9153

(B)(1) Employees may be laid off as a result of a lack of	9154
funds within an appointing authority. For appointing authorities	9155
that employ persons whose salary or wage is paid by warrant of the	9156
director of budget and management, the director of budget and	9157
management shall be responsible for determining, consistent with	9158
the rules adopted under division (B)(3) of this section, whether a	9159
lack of funds exists. For appointing authorities that employ	9160
persons whose salary or wage is paid other than by warrant of the	9161
director of budget and management, the appointing authority itself	9162
shall determine whether a lack of funds exists ~~and shall file a~~	9163
~~statement of rationale and supporting documentation with the~~	9164
~~director of administrative services prior to sending the layoff~~	9165
~~notice~~.	9166

(2) As used in this division, a "lack of funds" means an	9167
appointing authority has a current or projected deficiency of	9168
funding to maintain current, or to sustain projected, levels of	9169
staffing and operations. This section does not require any	9170
transfer of money between funds in order to offset a deficiency or	9171
projected deficiency of funding for programs funded by the	9172
federal government, special revenue accounts, or proprietary	9173
accounts. Whenever a program receives funding through a grant or	9174
similar mechanism, a lack of funds shall be presumed for the	9175
positions assigned to and the employees who work under the grant	9176
or similar mechanism if, for any reason, the funding is reduced or	9177
withdrawn.	9178

(3) The director of budget and management shall adopt rules,	9179
under Chapter 119. of the Revised Code, for agencies whose	9180
employees are paid by warrant of the director of budget and	9181
management, for determining whether a lack of funds exists.	9182

(C)(1) Employees may be laid off as a result of lack of work	9183
within an appointing authority. For appointing authorities whose	9184
employees are paid by warrant of the director of budget and	9185
management, the director of administrative services shall	9186
determine, consistent with the rules adopted under division (F) of	9187
this section, whether a lack of work exists. All other appointing	9188
authorities shall themselves determine whether a lack of work	9189
exists ~~and shall file a statement of rationale and supporting~~	9190
~~documentation with the director of administrative services prior~~	9191
~~to sending the layoff notice~~.	9192

(2) As used in this division, a "lack of work" means an	9193
appointing authority has a current or projected decrease in	9194
workload that requires a reduction of current or projected	9195
staffing levels in its organization or structure. The	9196
determination of a lack of work shall indicate the current or	9197
projected decrease in workload and whether the current or	9198
projected staffing levels of the appointing authority will be	9199
excessive.	9200

(D)(1) Employees may be laid off as a result of abolishment	9201
of positions. As used in this division, "abolishment" means the	9202
deletion of a position or positions from the organization or	9203
structure of an appointing authority.	9204

For purposes of this division, an appointing authority may	9205
abolish positions for any one or any combination of the following	9206
reasons: as a result of a reorganization for the efficient	9207
operation of the appointing authority, for reasons of economy, or	9208
for lack of work.	9209

(2)(a) Reasons of economy permitting an appointing authority	9210
to abolish a position and to lay off the holder of that position	9211
under this division shall be determined at the time the appointing	9212
authority proposes to abolish the position. The reasons of economy	9213
shall be based on the appointing authority's estimated amount of	9214
savings with respect to salary, benefits, and other matters	9215
associated with the abolishment of the position, except that the	9216
reasons of economy associated with the position's abolishment	9217
instead may be based on the appointing authority's estimated	9218
amount of savings with respect to salary and benefits only, if:	9219

(i) Either the appointing authority's operating appropriation	9220
has been reduced by an executive or legislative action, or the	9221
appointing authority has a current or projected deficiency in	9222
funding to maintain current or projected levels of staffing and	9223
operations; and	9224

(ii) In the case of a position in the service of the state,	9225
it files a notice of the position's abolishment with the director	9226
of administrative services within one year of the occurrence of	9227
the applicable circumstance described in division (D)(2)(a)(i) of	9228
this section.	9229

(b) The following principles apply when a circumstance	9230
described in division (D)(2)(a)(i) of this section would serve to	9231
authorize an appointing authority to abolish a position and to lay	9232
off the holder of the position under this division based on the	9233
appointing authority's estimated amount of savings with respect to	9234
salary and benefits only:	9235

(i) The position's abolishment shall be done in good faith	9236
and not as a subterfuge for discipline.	9237

(ii) If a circumstance affects a specific program only, the	9238
appointing authority only may abolish a position within that	9239
program.	9240

(iii) If a circumstance does not affect a specific program	9241
only, the appointing authority may identify a position that it	9242
considers appropriate for abolishment based on the reasons of	9243
economy.	9244

(3) Each appointing authority shall determine itself whether	9245
any position should be abolished. An appointing authority	9246
abolishing any position in the service of the state shall file a	9247
statement of rationale and supporting documentation with the	9248
director of administrative services prior to sending the notice of	9249
abolishment.	9250

If an abolishment results in a reduction of the work force,	9251
the appointing authority shall follow the procedures for laying	9252
off employees, subject to the following modifications:	9253

(a) The employee whose position has been abolished shall have	9254
the right to fill an available vacancy within the employee's	9255
classification.	9256

(b) If the employee whose position has been abolished has	9257
more retention points than any other employee serving in the same	9258
classification, the employee with the fewest retention points	9259
shall be displaced.	9260

(c) If the employee whose position has been abolished has the	9261
fewest retention points in the classification, the employee shall	9262
have the right to fill an available vacancy in a lower	9263
classification in the classification series.	9264

(d) If the employee whose position has been abolished has the	9265
fewest retention points in the classification, the employee shall	9266
displace the employee with the fewest retention points in the next	9267
or successively lower classification in the classification series.	9268

(E) Notwithstanding any contrary provision of the	9269
displacement procedure described in section 124.324 of the Revised	9270
Code for employees to displace other employees during a layoff,	9271
the director of administrative services or a county appointing	9272
authority may establish a paper lay-off process under which	9273
employees who are to be laid off or displaced may be required,	9274
before the date of their paper layoff, to preselect their options	9275
for displacing other employees.	9276

(F) The director of administrative services shall adopt rules	9277
under Chapter 119. of the Revised Code for the determination of	9278
lack of work within an appointing authority, for the abolishment	9279
of positions by an appointing authority, and for the	9280
implementation of this section as it relates to positions in the	9281
service of the state.	9282

Sec. 124.324. (A) A laid-off employee has the right to	9283
displace the employee with the fewest retention points in the	9284
following order:	9285

(1) Within the classification and appointment category from	9286
which the employee was laid off;	9287

(2) Within the classification series and appointment category	9288
from which the employee was laid off;	9289

(3) Within the classification and appointment category the	9290
employee held immediately prior to holding the classification	9291
from which the employee was laid off, except that the employee	9292
may not displace employees in a classification if the employee	9293
does not meet the minimum qualifications of the classification or	9294
if the employee last held the classification more than three	9295
years prior to the date on which the employee was laid off.	9296

If, after exercising displacement rights, an employee is	9297
subject to further layoff action, the employee's displacement	9298
rights shall be in accordance with the classification from which	9299
the employee was first laid off.	9300

The director of administrative services shall verify the	9301
calculation of the retention points of all employees in the	9302
service of the state in an affected classification in accordance	9303
with section 124.325 of the Revised Code.	9304

(B) Following the order of layoff as stated in section	9305
124.323 of the Revised Code, an employee laid off in the	9306
classified civil service shall displace another employee within	9307
the same appointing authority or independent institution and	9308
layoff jurisdiction in the following manner:	9309

(1) Each laid-off employee possessing more retention points	9310
shall displace the employee with the fewest retention points in	9311
the next lower classification or successively lower classification	9312
in the same classification series.	9313

(2) Any employee displaced by an employee possessing more	9314
retention points shall displace the employee with the fewest	9315
retention points in the next lower classification or successively	9316
lower classification in the same classification series. This	9317
process shall continue, if necessary, until the employee with the	9318
fewest retention points in the lowest classification of the	9319
classification series of the same appointing authority or	9320
independent institution has been reached and, if necessary, laid	9321
off.	9322

(C) Employees shall notify the appointing authority of their	9323
intention to exercise their displacement rights, within five days	9324
after receiving notice of layoff. This division does not apply if	9325
the director of administrative services has established a paper	9326
lay-off process pursuant to division (E) of section 124.321 of the	9327
Revised Code that includes a different notification requirement	9328
for employees exercising their displacement rights under that	9329
process.	9330

(D) No employee shall displace an employee for whose position	9331
or classification there are certain position-specific minimum	9332
qualifications, as established by the appointing authority and	9333
reviewed for validity by the department of administrative	9334
services, or as established by bona fide occupational	9335
qualification, unless the employee desiring to displace another	9336
employee possesses the requisite position-specific minimum	9337
qualifications for the position or classification.	9338

(E) If an employee exercising displacement rights must	9339
displace an employee in another county within the same layoff	9340
district, the displacement shall not be construed to be a	9341
transfer.	9342

(F) The director of administrative services shall adopt rules	9343
under Chapter 119. of the Revised Code for the implementation of	9344
this section as it relates to positions in the service of the	9345
state.	9346

Sec. 124.325. (A) Retention points to reflect the length of	9347
continuous service and efficiency in service for all employees	9348
affected by a layoff shall be verified by the director of	9349
administrative services for positions in the service of the state.	9350

(B) An employee's length of continuous service will be	9351
carried from one layoff jurisdiction to another so long as no	9352
break in service occurs between transfers or appointments.	9353

(C) If two or more employees have an identical number of	9354
retention points, employees having the shortest period of	9355
continuous service shall be laid off first.	9356

(D)(1) As used in this division, "affected employee" means a	9357
city employee who becomes a county employee, or a county employee	9358
who becomes a city employee, as the result of any of the	9359
following:	9360

(a) The merger of a city and a county office;

9361

(b) The merger of city and county functions or duties;

9362

(c) The transfer of functions or duties between a city and	9363
county.	9364

(2) For purposes of this section, the new employer of any	9365
affected employee shall treat the employee's prior service with a	9366
former employer as if it had been served with the new employer.	9367

(E) The director of administrative services shall adopt rules	9368
in accordance with Chapter 119. of the Revised Code to establish a	9369
system for the assignment of retention points for each employee in	9370
the service of the state in a classification affected by a layoff	9371
and for determining, in those instances where employees in the	9372
service of the state have identical retention points, which	9373
employee shall be laid off first.	9374

Sec. 124.34. (A) The tenure of every officer or employee in	9375
the classified service of the state and the counties, civil	9376
service townships, cities, city health districts, general health	9377
districts, and city school districts of the state, holding a	9378
position under this chapter, shall be during good behavior and	9379
efficient service. No officer or employee shall be reduced in pay	9380
or position, fined, suspended, or removed, or have the officer's	9381
or employee's longevity reduced or eliminated, except as provided	9382
in section 124.32 of the Revised Code, and for incompetency,	9383
inefficiency, dishonesty, drunkenness, immoral conduct,	9384
insubordination, discourteous treatment of the public, neglect of	9385
duty, violation of any policy or work rule of the officer's or	9386
employee's appointing authority, violation of this chapter or the	9387
rules of the director of administrative services or the	9388
commission, any other failure of good behavior, any other acts of	9389
misfeasance, malfeasance, or nonfeasance in office, or conviction	9390
of a felony. The denial of a one-time pay supplement or a bonus to	9391
an officer or employee is not a reduction in pay for purposes of	9392
this section.	9393

This section does not apply to any modifications or	9394
reductions in pay authorized by section 124.392 of the Revised	9395
Code.	9396

An appointing authority may require an employee who is	9397
suspended to report to work to serve the suspension. An employee	9398
serving a suspension in this manner shall continue to be	9399
compensated at the employee's regular rate of pay for hours	9400
worked. The disciplinary action shall be recorded in the	9401
employee's personnel file in the same manner as other disciplinary	9402
actions and has the same effect as a suspension without pay for	9403
the purpose of recording disciplinary actions.	9404

A finding by the appropriate ethics commission, based upon a	9405
preponderance of the evidence, that the facts alleged in a	9406
complaint under section 102.06 of the Revised Code constitute a	9407
violation of Chapter 102., section 2921.42, or section 2921.43 of	9408
the Revised Code may constitute grounds for dismissal. Failure to	9409
file a statement or falsely filing a statement required by section	9410
102.02 of the Revised Code may also constitute grounds for	9411
dismissal. The tenure of an employee in the career professional	9412
service of the department of transportation is subject to section	9413
5501.20 of the Revised Code.	9414

Conviction of a felony is a separate basis for reducing in	9415
pay or position, suspending, or removing an officer or employee,	9416
even if the officer or employee has already been reduced in pay or	9417
position, suspended, or removed for the same conduct that is the	9418
basis of the felony. An officer or employee may not appeal to the	9419
state personnel board of review or the commission any disciplinary	9420
action taken by an appointing authority as a result of the	9421
officer's or employee's conviction of a felony. If an officer or	9422
employee removed under this section is reinstated as a result of	9423
an appeal of the removal, any conviction of a felony that occurs	9424
during the pendency of the appeal is a basis for further	9425
disciplinary action under this section upon the officer's or	9426
employee's reinstatement.	9427

A person convicted of a felony immediately forfeits the	9428
person's status as a classified employee in any public employment	9429
on and after the date of the conviction for the felony. If an	9430
officer or employee is removed under this section as a result of	9431
being convicted of a felony or is subsequently convicted of a	9432
felony that involves the same conduct that was the basis for the	9433
removal, the officer or employee is barred from receiving any	9434
compensation after the removal notwithstanding any modification or	9435
disaffirmance of the removal, unless the conviction for the felony	9436
is subsequently reversed or annulled.	9437

Any person removed for conviction of a felony is entitled to	9438
a cash payment for any accrued but unused sick, personal, and	9439
vacation leave as authorized by law. If subsequently reemployed in	9440
the public sector, the person shall qualify for and accrue these	9441
forms of leave in the manner specified by law for a newly	9442
appointed employee and shall not be credited with prior public	9443
service for the purpose of receiving these forms of leave.	9444

As used in this division, "felony" means any of the	9445
following:	9446

(1) A felony that is an offense of violence as defined in	9447
section 2901.01 of the Revised Code;	9448

(2) A felony that is a felony drug abuse offense as defined	9449
in section 2925.01 of the Revised Code;	9450

(3) A felony under the laws of this or any other state or the	9451
United States that is a crime of moral turpitude;	9452

(4) A felony involving dishonesty, fraud, or theft;

9453

(5) A felony that is a violation of section 2921.05, 2921.32,	9454
or 2921.42 of the Revised Code.	9455

(B) In case of a reduction, a suspension of more than forty	9456
~~or more~~ work hours in the case of an employee exempt from the	9457
payment of overtime compensation, a suspension of more than	9458
twenty-four ~~or more~~ work hours in the case of an employee	9459
required to be paid overtime compensation, a fine of more than	9460
forty ~~or more~~ hours' pay in the case of an employee exempt from	9461
the payment of overtime compensation, a fine of more than	9462
twenty-four ~~or more~~ hours' pay in the case of an employee	9463
required to be paid overtime compensation, or removal, except for	9464
the reduction or removal of a probationary employee, the	9465
appointing authority shall serve the employee with a copy of the	9466
order of reduction, fine, suspension, or removal, which order	9467
shall state the reasons for the action.	9468

Within ten days following the date on which the order is	9469
served or, in the case of an employee in the career professional	9470
service of the department of transportation, within ten days	9471
following the filing of a removal order, the employee, except as	9472
otherwise provided in this section, may file an appeal of the	9473
order in writing with the state personnel board of review or the	9474
commission. For purposes of this section, the date on which an	9475
order is served is the date of hand delivery of the order or the	9476
date of delivery of the order by certified United States mail,	9477
whichever occurs first. If an appeal is filed, the board or	9478
commission shall forthwith notify the appointing authority and	9479
shall hear, or appoint a trial board to hear, the appeal within	9480
thirty days from and after its filing with the board or	9481
commission. The board, commission, or trial board may affirm,	9482
disaffirm, or modify the judgment of the appointing authority.	9483
However, in an appeal of a removal order based upon a violation of	9484
a last chance agreement, the board, commission, or trial board may	9485
only determine if the employee violated the agreement and thus	9486
affirm or disaffirm the judgment of the appointing authority.	9487

In cases of removal or reduction in pay for disciplinary	9488
reasons, either the appointing authority or the officer or	9489
employee may appeal from the decision of the state personnel board	9490
of review or the commission, and any such appeal shall be to the	9491
court of common pleas of the county in which the appointing	9492
authority is located, or to the court of common pleas of Franklin	9493
county, as provided by section 119.12 of the Revised Code.	9494

(C) In the case of the suspension for any period of time, or	9495
a fine, demotion, or removal, of a chief of police, a chief of a	9496
fire department, or any member of the police or fire department of	9497
a city or civil service township, who is in the classified civil	9498
service, the appointing authority shall furnish the chief or	9499
member with a copy of the order of suspension, fine, demotion, or	9500
removal, which order shall state the reasons for the action. The	9501
order shall be filed with the municipal or civil service township	9502
civil service commission. Within ten days following the filing of	9503
the order, the chief or member may file an appeal, in writing,	9504
with the commission. If an appeal is filed, the commission shall	9505
forthwith notify the appointing authority and shall hear, or	9506
appoint a trial board to hear, the appeal within thirty days from	9507
and after its filing with the commission, and it may affirm,	9508
disaffirm, or modify the judgment of the appointing authority. An	9509
appeal on questions of law and fact may be had from the decision	9510
of the commission to the court of common pleas in the county in	9511
which the city or civil service township is situated. The appeal	9512
shall be taken within thirty days from the finding of the	9513
commission.	9514

(D) A violation of division (A)(7) of section 2907.03 of the	9515
Revised Code is grounds for termination of employment of a	9516
nonteaching employee under this section.	9517

(E) As used in this section, "last chance agreement" means an	9518
agreement signed by both an appointing authority and an officer or	9519
employee of the appointing authority that describes the type of	9520
behavior or circumstances that, if it occurs, will automatically	9521
lead to removal of the officer or employee without the right of	9522
appeal to the state personnel board of review or the appropriate	9523
commission.	9524

Sec. 124.381. ~~Each~~(A)(1) Each employee paid in accordance	9525
with section 124.152 of the Revised Code and each employee listed	9526
in division (B)(2) or (4) of section 124.14 of the Revised Code,	9527
including an employee who is not eligible for occupational injury	9528
leave under division (A)(2) of this section, shall receive salary	9529
continuation not to exceed four hundred eighty hours at the	9530
employee's total rate of pay for absence as a result of injury	9531
incurred during the performance of, or arising out of, state	9532
employment. An employee is ineligible to receive salary	9533
continuation until the implementation date established in rules	9534
adopted under division (C)(1) of this section. In any case when an	9535
employee's absence as a result of such an injury extends beyond	9536
four hundred eighty hours, the employee immediately becomes	9537
subject to sections 124.382 and 124.385 of the Revised Code	9538
regarding sick leave and disability leave benefits.	9539

(2) Each employee of the department of rehabilitation and	9540
correction, the department of mental health, the department of	9541
mental retardation and developmental disabilities, or the ~~Ohio~~	9542
~~veteran's home agency~~department of veterans services, oreach	9543
employee of the department of education who works at the Ohio	9544
schools for the deaf and blind, and each employee of the	9545
department of youth services as established in division (A) of	9546
section 124.14 of the Revised Code who ~~suffers bodily injury~~	9547
~~inflicted by an inmate, patient, client, youth, or student in the~~	9548
~~facilities~~sustains a qualifying physical condition inflicted by a	9549
ward of these agencies during the time the employee is lawfully	9550
carrying out the assigned duties of the employee's position shall	9551
be paid occupational injury leave at the employee's total rate of	9552
pay during the period the employee is disabled as a result of	9553
that ~~injury~~qualifying physical condition, but in no case to	9554
exceed ~~one hundred twenty work days~~nine hundred sixty hours, in	9555
lieu of workers' compensation. Pay made according to this ~~section~~	9556
division shall not be charged to the employee's accumulation of	9557
sick leave credit. In any case when an employee's disability as a	9558
result of such a qualifying physical condition extends beyond	9559
nine hundred sixty hours, the employee immediately becomes	9560
subject to sections 124.382 and 124.385 of the Revised Code	9561
regarding sick leave and disability leave benefits.	9562

(B) An employee who is receiving salary continuation or	9563
occupational injury leave under division (A)(1) or (2) of this	9564
section is not eligible for other paid leave, including holiday	9565
pay, while receiving benefits under either division. While an	9566
employee is receiving salary continuation or occupational injury	9567
leave under division (A)(1) or (2) of this section, vacation	9568
leave credit ceases to accrue to the employee under section	9569
124.134 of the Revised Code, but sick leave credit and personal	9570
leave credit continue to accrue to the employee under sections	9571
124.382 and 124.386 of the Revised Code.	9572

(C)(1) The director of administrative services shall adopt	9573
rules for the administration of both the salary continuation	9574
program and the occupational injury leave program. The rules	9575
shall include, but not be limited to, provisions for determining a	9576
disability, for filing a claim for leave under this section, and	9577
for allowing or denying claims for the leave.	9578

~~During the time an employee is receiving injury compensation~~	9579
~~as provided in this section, the employee shall be exempt from the~~	9580
~~accumulation of vacation leave credit under section 124.134 of the~~	9581
~~Revised Code but shall continue to receive sick leave credit and~~	9582
~~personal leave credit under sections 124.382 and 124.386 of the~~	9583
~~Revised Code.~~	9584

~~In any case when an employee's disability, as covered by this~~	9585
~~section, extends beyond one hundred twenty work days, the employee~~	9586
~~shall immediately become subject to sections 124.382 and 124.385~~	9587
~~of the Revised Code regarding sick leave and disability leave~~	9588
~~benefits.~~	9589

(2) The director also may adopt rules for the payment of	9590
health benefits while an employee is on workers' compensation	9591
leave.	9592

(D) An appointing authority may apply to the director of	9593
administrative services to grant salary continuation under	9594
division (A)(1) of this section or occupational injury leave in	9595
~~accordance with~~under division (A)(2) of this section to law	9596
enforcement personnel employed by the agency.	9597

Sec. 124.382. (A) As used in this section and sections	9598
124.383, 124.386, 124.387, and 124.388 of the Revised Code:	9599

(1) "Pay period" means the fourteen-day period of time during	9600
which the payroll is accumulated, as determined by the director of	9601
administrative services.	9602

(2) "Active pay status" means the conditions under which an	9603
employee is eligible to receive pay, and includes, but is not	9604
limited to, vacation leave, sick leave, personal leave,	9605
bereavement leave, and administrative leave.	9606

(3) "No pay status" means the conditions under which an	9607
employee is ineligible to receive pay and includes, but is not	9608
limited to, leave without pay, leave of absence, and disability	9609
leave.	9610

(4) "Disability leave" means the leave granted pursuant to	9611
section 124.385 of the Revised Code.	9612

(5) "Full-time permanent employee" means an employee whose	9613
regular hours of duty total eighty hours in a pay period in a	9614
state agency and whose appointment is not for a limited period of	9615
time.	9616

(6) "Base rate of pay" means the rate of pay established	9617
under schedule B or C of section 124.15 of the Revised Code or	9618
under schedule E-1, schedule E-1 for step seven only, or schedule	9619
E-2 of section 124.152 of the Revised Code, plus any supplement	9620
provided under section 124.181 of the Revised Code, plus any	9621
supplements enacted into law which are added to schedule B or C of	9622
section 124.15 of the Revised Code or to schedule E-1, schedule	9623
E-1 for step seven only, or schedule E-2 of section 124.152 of the	9624
Revised Code.	9625

(7) "Part-time permanent employee" means an employee whose	9626
regular hours of duty total less than eighty hours in a pay period	9627
in a state agency and whose appointment is not for a limited	9628
period of time.	9629

(B) Each full-time permanent and part-time permanent employee	9630
whose salary or wage is paid directly by warrant of the director	9631
of budget and management shall be credited with sick leave of	9632
three and one-tenth hours for each completed eighty hours of	9633
service, excluding overtime hours worked. Sick leave is not	9634
available for use until it appears on the employee's earning	9635
statement and the compensation described in the earning statement	9636
is available to the employee.	9637

(C) Any sick leave credit provided pursuant to division (B)	9638
of this section, remaining as of the last day of the pay period	9639
preceding the first paycheck the employee receives in December,	9640
shall be converted pursuant to section 124.383 of the Revised	9641
Code.	9642

(D) Employees may use sick leave, provided a credit balance	9643
is available, upon approval of the responsible administrative	9644
officer of the employing unit, for absence due to personal	9645
illness, pregnancy, injury, exposure to contagious disease that	9646
could be communicated to other employees, and illness, injury, or	9647
death in the employee's immediate family. When sick leave is	9648
used, it shall be deducted from the employee's credit on the basis	9649
of absence from previously scheduled work in such increments of an	9650
hour and at such a compensation rate as the director of	9651
administrative services determines. The appointing authority of	9652
each employing unit may require an employee to furnish a	9653
satisfactory, signed statement to justify the use of sick leave.	9654

If, after having utilized the credit provided by this	9655
section, an employee utilizes sick leave that was accumulated	9656
prior to November 15, 1981, compensation for such sick leave used	9657
shall be at a rate as the director determines.	9658

(E)(1) The previously accumulated sick leave balance of an	9659
employee who has been separated from the public service, for which	9660
separation payments pursuant to section 124.384 of the Revised	9661
Code have not been made, shall be placed to the employee's credit	9662
upon the employee's reemployment in the public service, if the	9663
reemployment takes place within ten years of the date on which the	9664
employee was last terminated from public service.	9665

(2) The previously accumulated sick leave balance of an	9666
employee who has separated from a school district shall be placed	9667
to the employee's credit upon the employee's appointment as an	9668
unclassified employee of the state department of education, if all	9669
of the following apply:	9670

(a) The employee accumulated the sick leave balance while	9671
employed by the school district.	9672

(b) The employee did not receive any separation payments for	9673
the sick leave balance.	9674

(c) The employee's employment with the department takes place	9675
within ten years after the date on which the employee separated	9676
from the school district.	9677

(F) An employee who transfers from one public agency to	9678
another shall be credited with the unused balance of the	9679
employee's accumulated sick leave.	9680

(G) The director of administrative services shall establish	9681
procedures to uniformly administer this section. No sick leave may	9682
be granted to a state employee upon or after the employee's	9683
retirement or termination of employment.	9684

(H) As used in this division, "active payroll" means	9685
conditions under which an employee is in active pay status or	9686
eligible to receive pay for an approved leave of absence,	9687
including, but not limited to, occupational injury leave,	9688
disability leave, or workers' compensation.	9689

(1) Employees who are in active payroll status on June 18,	9690
2011, shall receive a one-time credit of additional sick leave in	9691
the pay period that begins on July 1, 2011. Full-time employees	9692
shall receive a one-time credit of thirty-two hours of additional	9693
sick leave or a credit of additional sick leave equivalent to half	9694
the hours of personal leave the employee lost during the	9695
moratorium under division (A) of section 124.386 of the Revised	9696
Code, whichever is less. Part-time employees shall receive a	9697
one-time credit of sixteen hours of additional sick leave.	9698

(2) Employees who are not in active payroll status due to	9699
military leave or an absence taken in accordance with the federal	9700
"Family and Medical Leave Act" are eligible to receive the	9701
one-time additional sick leave credit.	9702

(3) The one-time additional sick leave credit does not apply	9703
to employees of the secretary of state, auditor of state,	9704
treasurer of state, or attorney general unless the secretary of	9705
state, auditor of state, treasurer of state, or attorney general	9706
participated in the moratorium under division (H) of section	9707
124.386 of the Revised Code and notified the director of	9708
administrative services on or before July 1, 2009, of the decision	9709
to participate in the one-time additional sick leave credit.	9710

Sec. 124.385. (A) An employee is eligible for disability	9711
leave benefits under this section if the employee has completed	9712
one year of continuous state service immediately prior to the date	9713
of the disability and if any of the following applies:	9714

(1) The employee is a full-time permanent employee and is	9715
eligible for sick leave credit pursuant to division (B) of section	9716
124.382 of the Revised Code.	9717

(2) The employee is a part-time permanent employee who has	9718
worked at least fifteen hundred hours within the twelve-month	9719
period immediately preceding the date of disability and is	9720
eligible for sick leave credit under division (B) of section	9721
124.382 of the Revised Code.	9722

(3) The employee is a full-time permanent or part-time	9723
permanent employee, is on disability leave or leave of absence for	9724
medical reasons, and would be eligible for sick leave credit	9725
pursuant to division (B) of section 124.382 of the Revised Code	9726
except that the employee is in no pay status due to the employee's	9727
medical condition.	9728

(B) The director of administrative services, by rule adopted	9729
in accordance with Chapter 119. of the Revised Code, shall	9730
establish a disability leave program. The rule shall include, but	9731
shall not be limited to, the following:	9732

(1) Procedures to be followed for determining disability;

9733

(2) Provisions for the allowance of disability leave due to	9734
illness or injury;	9735

(3) Provisions for the continuation of service credit for	9736
employees granted disability leave, including service credit	9737
towards retirement, as provided by the applicable statute;	9738

(4) The establishment of a minimum level of benefit and of a	9739
waiting period before benefits begin;	9740

(5) Provisions setting a maximum length of benefit and	9741
requiring that employees eligible to apply for disability	9742
retirement shall do so prior to completing the first six months of	9743
their period of disability. The director's rules shall indicate	9744
those employees required to apply for disability retirement. If an	9745
employee is approved to receive disability retirement, the	9746
employee shall receive the retirement benefit and a supplement	9747
payment that equals a percentage of the employee's base rate of	9748
pay and that, when added to the retirement benefit, equals no more	9749
than the percentage of pay received by employees after the first	9750
six months of disability. This supplemental payment shall not be	9751
considered earnable salary, compensation, or salary, and is not	9752
subject to contributions, under Chapter 145., 742., 3307., 3309.,	9753
or 5505. of the Revised Code.	9754

(6) Provisions that allow employees to utilize available sick	9755
leave, personal leave, compensatory time, or vacation leave	9756
balances to supplement the benefits payable under this section.	9757
The balances used to supplement the benefits, plus any amount	9758
contributed by the state as provided in division (D) of this	9759
section, shall be paid at the employee's base rate of pay in an	9760
amount sufficient to give employees up to one hundred per cent of	9761
pay for time on disability.	9762

(7) Procedures for appealing denial of payment of a claim,	9763
including the following:	9764

(a) A maximum of thirty days to file an appeal by the	9765
employee;	9766

(b) A maximum of fifteen days for the parties to select a	9767
third-party opinion pursuant to division (F) of this section,	9768
unless an extension is agreed to by the parties;	9769

(c) A maximum of thirty days for the third party to render an	9770
opinion.	9771

(8) Provisions for approving leave of absence for medical	9772
reasons where an employee is in no pay status because the employee	9773
has used all the employee's sick leave, personal leave, vacation	9774
leave, and compensatory time;	9775

(9) Provisions for precluding the payment of benefits if the	9776
injury for which the benefits are sought is covered by a workers'	9777
compensation plan;	9778

(10) Provisions for precluding the payment of benefits in	9779
order to ensure that benefits are provided in a consistent manner.	9780

(C) Except as provided in division (B)(6) of this section,	9781
time off for an employee granted disability leave is not	9782
chargeable to any other leave granted by other sections of the	9783
Revised Code.	9784

(D) While an employee is on an approved disability leave, the	9785
employer's and employee's share of health, life, and other	9786
insurance benefits shall be paid by the state, and the retirement	9787
contribution shall be paid as follows:	9788

(1) The employer's share shall be paid by the state.

9789

(2) For the first three months, the employee's share shall be	9790
paid by the employee.	9791

(3) After the first three months, the employee's share shall	9792
be paid by the state.	9793

(E) The approval for disability leave shall be made by the	9794
director, upon recommendation by the appointing authority. The	9795
director may delegate to any appointing authority the authority to	9796
approve disability benefits for a standard recovery period.	9797

(F) If a request for disability leave is denied based on a	9798
medical determination, the director shall obtain a medical opinion	9799
from a third party. The decision of the third party is binding.	9800

(G) The rule adopted by the director under division (B) of	9801
this section shall not deny disability leave benefits for an	9802
illness or injury to an employee who is a veteran of the United	9803
States armed forces because the employee contracted the illness or	9804
received the injury in the course of or as a result of military	9805
service and the illness or injury is or may be covered by a	9806
compensation plan administered by the United States department of	9807
veterans affairs.	9808

Sec. 124.386. (A) Each full-time permanent employee paid in	9809
accordance with section 124.152 of the Revised Code and those	9810
full-time permanent employees listed in divisions (B)(2) and (4)	9811
of section 124.14 of the Revised Code shall be credited with	9812
thirty-two hours of personal leave each year. Each part-time	9813
permanent employee paid in accordance with section 124.152 of the	9814
Revised Code and those part-time permanent employees listed in	9815
divisions (B)(2) and (4) of section 124.14 of the Revised Code	9816
shall receive a pro-rated personal leave credit as determined by	9817
rule of the director of administrative services. The credit shall	9818
be made to each eligible employee in the first pay the employee	9819
receives in December. Employees, upon giving reasonable notice to	9820
the responsible administrative officer of the appointing	9821
authority, may use personal leave for absence due to mandatory	9822
court appearances, legal or business matters, family emergencies,	9823
unusual family obligations, medical appointments, weddings,	9824
religious holidays not listed in section 124.19 of the Revised	9825
Code, or any other matter of a personal nature. Personal leave may	9826
not be used on a holiday when an employee is scheduled to work.	9827

Personal leave is not available for use until it appears on	9828
the employee's earning statement and the compensation described in	9829
the earning statement is available to the employee.	9830

There shall be a moratorium on personal leave accrual	9831
beginning with the credit employees would have received in	9832
December 2009. Personal leave accrual shall resume with employees	9833
receiving credit in December 2011 and there shall be no	9834
retroactive grant of credit for the period the moratorium was in	9835
effect.	9836

(B) When personal leave is used, it shall be deducted from	9837
the unused balance of the employee's personal leave on the basis	9838
of absence in such increments of an hour as the director of	9839
administrative services determines. Compensation for personal	9840
leave shall be equal to the employee's base rate of pay.	9841

(C) A newly appointed full-time permanent employee or a	9842
~~nonfull-time~~non-full-time employee who receives a full-time	9843
permanent appointment shall be credited with personal leave of	9844
thirty-two hours, less one and two-tenths hours for each pay	9845
period that has elapsed following the first paycheck the employee	9846
receives in December, until the first day of the pay period	9847
during which the appointment was effective.	9848

(D) The director of administrative services shall allow	9849
employees to elect one of the following options with respect to	9850
the unused balance of personal leave:	9851

(1) Carry forward the balance. The maximum credit that shall	9852
be available to an employee at any one time is forty hours.	9853

(2) Convert the balance to accumulated sick leave, to be used	9854
in the manner provided by section 124.382 of the Revised Code;	9855

(3) Receive a cash benefit. The cash benefit shall equal one	9856
hour of the employee's base rate of pay for every hour of unused	9857
credit that is converted. An employee serving in a temporary work	9858
level who elects to convert unused personal leave to cash shall do	9859
so at the base rate of pay of the employee's normal	9860
classification. Such cash benefit shall not be subject to	9861
contributions to any of the retirement systems, either by the	9862
employee or the employer.	9863

There shall be a moratorium on the payment for conversion of	9864
unused personal leave until December 2011.	9865

(E) A full-time permanent employee who separates from state	9866
service or becomes ineligible to be credited with leave under this	9867
section shall receive a reduction of personal leave credit of one	9868
and two-tenths hours for each pay period that remains beginning	9869
with the first pay period following the date of separation or the	9870
effective date of the employee's ineligibility until the pay	9871
period preceding the next base pay period. After calculation of	9872
the reduction of an employee's personal leave credit, the employee	9873
is entitled to compensation for any remaining personal leave	9874
credit at the employee's current base rate of pay. If the	9875
reduction results in a number of hours less than zero, the cash	9876
equivalent value of such number of hours shall be deducted from	9877
any compensation that remains payable to the employee, or from the	9878
cash conversion value of any vacation or sick leave that remains	9879
credited to the employee. An employee serving in a temporary work	9880
level who is eligible to receive compensation under this section	9881
shall be compensated at the base rate of pay of the employee's	9882
normal classification.	9883

(F) An employee who transfers from one public agency to	9884
another public agency in which the employee is eligible for the	9885
credit provided under this section shall be credited with the	9886
unused balance of personal leave.	9887

(G) The director of administrative services shall establish	9888
procedures to uniformly administer this section. No personal leave	9889
may be granted to a state employee upon or after retirement or	9890
termination of employment.	9891

(H) The moratoria imposed under divisions (A) and (D)(3) of	9892
this section shall apply to employees of the secretary of state,	9893
auditor of state, treasurer of state, and attorney general who are	9894
subject to this section unless the secretary of state, auditor of	9895
state, treasurer of state, or attorney general decides to exempt	9896
the office's employees from the moratoria and so notifies the	9897
director of administrative services in writing on or before July	9898
1, 2009.	9899

Sec. 124.392. (A) As used in this section~~, "exempt~~:

9900

(1) "Exempt employee" has the same meaning as in section	9901
124.152 of the Revised Code.	9902

(2) "Fiscal emergency" means a fiscal emergency declared by	9903
the governor under section 126.05 of the Revised Code.	9904

(B) The director of administrative services may establish a	9905
voluntary cost savings program for exempt employees. ~~The~~	9906

(C) The director of administrative services shall establish a	9907
mandatory cost savings program applicable to exempt employees.	9908
Subject to division (C)(1) of this section, the program may	9909
include, but is not limited to, a loss of pay or loss of holiday	9910
pay as determined by the director. The program may be administered	9911
differently among exempt employees based on their classifications,	9912
appointment categories, appointing authorities, or other relevant	9913
distinctions.	9914

(1) Each full-time exempt employee shall participate in the	9915
program for a total of eighty hours of mandatory cost savings in	9916
both fiscal year 2010 and fiscal year 2011. Each part-time exempt	9917
employee shall participate in the program by not receiving holiday	9918
pay during both fiscal year 2010 and fiscal year 2011. Each	9919
employee of the secretary of state, auditor of state, treasurer of	9920
state, and attorney general shall participate in the program	9921
unless the secretary of state, auditor of state, treasurer of	9922
state, or attorney general decides to exempt the officer's	9923
employees from the program and so notifies the director of	9924
administrative services in writing on or before July 1, 2009.	9925

(2) After June 30, 2011, the director of administrative	9926
services, in consultation with the director of budget and	9927
management, may implement mandatory cost savings days applicable	9928
to exempt employees in the event of a fiscal emergency. Each	9929
employee of the secretary of state, auditor of state, treasurer of	9930
state, and attorney general shall participate in the mandatory	9931
cost savings days unless the secretary of state, auditor of state,	9932
treasurer of state, or attorney general decides to exempt the	9933
officer's employees from the mandatory cost savings days and so	9934
notifies the director of administrative services in the manner the	9935
director of administrative services prescribes by rule adopted	9936
under this section.	9937

(D) The director shall adopt rules in accordance with Chapter	9938
119. of the Revised Code to provide for the administration of the	9939
~~program~~mandatory cost savings program and days.	9940

Sec. 124.81. (A) Except as provided in division ~~(E)~~(F) of	9941
this section, the department of administrative services in	9942
consultation with the superintendent of insurance shall negotiate	9943
with and, in accordance with the competitive selection procedures	9944
of Chapter 125. of the Revised Code, contract with one or more	9945
insurance companies authorized to do business in this state, for	9946
the issuance of one of the following:	9947

(1) A policy of group life insurance covering all state	9948
employees who are paid directly by warrant of the state auditor,	9949
including elected state officials;	9950

(2) A combined policy, or coordinated policies of one or more	9951
insurance companies or health insuring corporations in combination	9952
with one or more insurance companies providing group life and	9953
health, medical, hospital, dental, or surgical insurance, or any	9954
combination thereof, covering all such employees;	9955

(3) A policy that may include, but is not limited to,	9956
hospitalization, surgical, major medical, dental, vision, and	9957
medical care, disability, hearing aids, prescription drugs, group	9958
life, life, sickness, and accident insurance, group legal	9959
services, or a combination of the above benefits for some or all	9960
of the employees paid in accordance with section 124.152 of the	9961
Revised Code and for some or all of the employees listed in	9962
divisions (B)(2) and (4) of section 124.14 of the Revised Code,	9963
and their immediate dependents.	9964

(B) The department of administrative services in consultation	9965
with the superintendent of insurance shall negotiate with and, in	9966
accordance with the competitive selection procedures of Chapter	9967
125. of the Revised Code, contract with one or more insurance	9968
companies authorized to do business in this state, for the	9969
issuance of a policy of group life insurance covering all	9970
municipal and county court judges. The amount of such coverage	9971
shall be an amount equal to the aggregate salary set forth for	9972
each municipal court judge in sections 141.04 and 1901.11 of the	9973
Revised Code, and set forth for each county court judge in	9974
sections 141.04 and 1907.16 of the Revised Code. On and after the	9975
effective date of the policy of group life insurance coverage, a	9976
municipal or county court judge is ineligible for life insurance	9977
coverage from a county or other political subdivision.	9978

(C) If a state employee uses all accumulated sick leave and	9979
then goes on an extended medical disability, the policyholder	9980
shall continue at no cost to the employee the coverage of the	9981
group life insurance for such employee for the period of such	9982
extended leave, but not beyond three years.	9983

~~(C)~~(D) If a state employee insured under a group life	9984
insurance policy as provided in division (A) of this section is	9985
laid off pursuant to section 124.32 of the Revised Code, such	9986
employee by request to the policyholder, made no later than the	9987
effective date of the layoff, may elect to continue the employee's	9988
group life insurance for the one-year period through which the	9989
employee may be considered to be on laid-off status by paying the	9990
policyholder through payroll deduction or otherwise twelve times	9991
the monthly premium computed at the existing average rate for the	9992
group life case for the amount of the employee's insurance	9993
thereunder at the time of the employee's layoff. The policyholder	9994
shall pay the premiums to the insurance company at the time of the	9995
next regular monthly premium payment for the actively insured	9996
employees and furnish the company appropriate data as to such	9997
laid-off employees. At the time an employee receives written	9998
notice of a layoff, the policyholder shall also give such employee	9999
written notice of the opportunity to continue group life insurance	10000
in accordance with this division. When such laid-off employee is	10001
reinstated for active work before the end of the one-year period,	10002
the employee shall be reclassified as insured again as an active	10003
employee under the group and appropriate refunds for the number of	10004
full months of unearned premium payment shall be made by the	10005
policyholder.	10006

~~(D)~~(E) This section does not affect the conversion rights of	10007
an insured employee when the employee's group insurance terminates	10008
under the policy.	10009

~~(E)~~(F) Notwithstanding division (A) of this section, the	10010
department may provide benefits equivalent to those that may be	10011
paid under a policy issued by an insurance company, or the	10012
department may, to comply with a collectively bargained contract,	10013
enter into an agreement with a jointly administered trust fund	10014
which receives contributions pursuant to a collective bargaining	10015
agreement entered into between this state, or any of its political	10016
subdivisions, and any collective bargaining representative of the	10017
employees of this state or any political subdivision for the	10018
purpose of providing for self-insurance of all risk in the	10019
provision of fringe benefits similar to those that may be paid	10020
pursuant to division (A) of this section, and the jointly	10021
administered trust fund may provide through the self-insurance	10022
method specific fringe benefits as authorized by the rules of the	10023
board of trustees of the jointly administered trust fund. Amounts	10024
from the fund may be used to pay direct and indirect costs that	10025
are attributable to consultants or a third-party administrator and	10026
that are necessary to administer this section. Benefits provided	10027
under this section include, but are not limited to,	10028
hospitalization, surgical care, major medical care, disability,	10029
dental care, vision care, medical care, hearing aids, prescription	10030
drugs, group life insurance, sickness and accident insurance,	10031
group legal services, or a combination of the above benefits, for	10032
the employees and their immediate dependents.	10033

~~(F)~~(G) Notwithstanding any other provision of the Revised	10034
Code, any public employer, including the state, and any of its	10035
political subdivisions, including, but not limited to, any county,	10036
county hospital, municipal corporation, township, park district,	10037
school district, state institution of higher education, public or	10038
special district, state agency, authority, commission, or board,	10039
or any other branch of public employment, and any collective	10040
bargaining representative of employees of the state or any	10041
political subdivision may agree in a collective bargaining	10042
agreement that any mutually agreed fringe benefit including, but	10043
not limited to, hospitalization, surgical care, major medical	10044
care, disability, dental care, vision care, medical care, hearing	10045
aids, prescription drugs, group life insurance, sickness and	10046
accident insurance, group legal services, or a combination	10047
thereof, for employees and their dependents be provided through a	10048
mutually agreed upon contribution to a jointly administered trust	10049
fund. Amounts from the fund may be used to pay direct and indirect	10050
costs that are attributable to consultants or a third-party	10051
administrator and that are necessary to administer this section.	10052
The amount, type, and structure of fringe benefits provided under	10053
this division is subject to the determination of the board of	10054
trustees of the jointly administered trust fund. Notwithstanding	10055
any other provision of the Revised Code, competitive bidding does	10056
not apply to the purchase of fringe benefits for employees under	10057
this division through a jointly administered trust fund.	10058

Sec. 124.821. The health care spending account fund is hereby	10059
created in the state treasury. The director of administrative	10060
services shall use money in the fund to make payments with regard	10061
to the participation of state employees in flexible spending	10062
accounts for certain nonreimbursed medical and dental expenses	10063
under section 125 of the Internal Revenue Code. All investment	10064
earnings on money in the fund shall be credited to the fund.	10065

Sec. 124.822. The dependent care spending account fund is	10066
hereby created in the state treasury. The director of	10067
administrative services shall use money in the fund to make	10068
payments with regard to the participation of state employees in	10069
flexible spending accounts for work-related dependent care	10070
expenses under section 125 of the Internal Revenue Code. All	10071
investment earnings on money in the fund shall be credited to the	10072
fund.	10073

Sec. 124.86. There is hereby created in the state treasury	10074
the employee educational development fund, to be used to pay the	10075
state administrative costs of any education program undertaken	10076
pursuant to specific collective bargaining agreements identified	10077
in uncodified law governing expenditure of the fund. The director	10078
of administrative services shall establish, and shall obtain the	10079
approval of the director of budget and management for, a charge	10080
for each such program that is sufficient only to recover those	10081
costs. All money collected from such a charge shall be deposited	10082
to the credit of the fund, and all interest earned on the fund	10083
shall accrue to the fund. The director of administrative services	10084
shall administer the fund in accordance with the respective	10085
collective bargaining agreements and may adopt rules for the	10086
purpose of this administration.	10087

Sec. 125.081. (A) From the purchases that the department of	10088
administrative services is required by law to make through	10089
competitive selection, the director of administrative services	10090
shall select a number of such purchases, the aggregate value of	10091
which equals approximately fifteen per cent of the estimated total	10092
value of all such purchases to be made in the current fiscal year.	10093
The director shall set aside the purchases selected for	10094
competition only by minority business enterprises, as defined in	10095
division (E)(1) of section 122.71 of the Revised Code. The	10096
competitive selection procedures for such purchases set aside	10097
shall be the same as for all other purchases the department is	10098
required to make through competitive selection, except that only	10099
minority business enterprises certified by the equal employment	10100
opportunity coordinator of the department of administrative	10101
services in accordance with the rules adopted under division	10102
(B)(1) of section 123.151 of the Revised Code and listed by the	10103
director under division (B) of section 125.08 of the Revised Code	10104
shall be qualified to compete.	10105

(B) To the extent that any agency of the state, including	10106
state universities as defined in section 3345.011 of the Revised	10107
Code and the Ohio housing finance agency, the third frontier	10108
commission, the clean Ohio council, and the Ohio school facilities	10109
commission, other than the department of administrative services,	10110
the legislative and judicial branches, boards of elections, and	10111
the adjutant general, is authorized to make purchases, the agency	10112
shall set aside a number of purchases, the aggregate value of	10113
which equals approximately fifteen per cent of the aggregate value	10114
of such purchases for the current fiscal year for competition by	10115
minority business enterprises only. The procedures for such	10116
purchases shall be the same as for all other such purchases made	10117
by the agency, except that only minority business enterprises	10118
certified by the equal employment opportunity coordinator in	10119
accordance with rules adopted under division (B)(1) of section	10120
123.151 of the Revised Code shall be qualified to compete.	10121

In awarding contracts under division (A) or (B) of this	10122
section, the department of administrative services or another	10123
state agency shall comply with section 123.154 of the Revised	10124
Code.	10125

(C) In the case of purchases set aside under division (A) or	10126
(B) of this section, if no bid is submitted by a minority business	10127
enterprise, the purchase shall be made according to usual	10128
procedures. The contracting agency shall from time to time set	10129
aside such additional purchases for which only minority business	10130
enterprises may compete, as are necessary to replace those	10131
purchases previously set aside for which no minority business	10132
enterprises bid and to ensure that, in any fiscal year, the	10133
aggregate amount of contracts awarded to minority business	10134
enterprises will equal approximately fifteen per cent of the total	10135
amount of contracts awarded by the agency.	10136

(D) The provisions of this section shall not preclude any	10137
minority business enterprise from competing for any other state	10138
purchases that are not specifically set aside for minority	10139
business enterprises.	10140

(E) No funds of any state agency shall be expended in any	10141
fiscal year for any purchase for which competitive selection is	10142
required, until the director of the department of administrative	10143
services certifies to the equal employment opportunity	10144
coordinator, the clerk of the senate, and the clerk of the house	10145
of representatives of the general assembly that approximately	10146
fifteen per cent of the aggregate amount of the projected	10147
expenditure for such purchases in the fiscal year has been set	10148
aside as provided for in this section.	10149

(F) Any person who intentionally misrepresents self as	10150
owning, controlling, operating, or participating in a minority	10151
business enterprise for the purpose of obtaining contracts,	10152
subcontracts, or any other benefits under this section shall be	10153
guilty of theft by deception as provided for in section 2913.02 of	10154
the Revised Code.	10155

Sec. 125.20. (A) Within one hundred eighty days after the	10156
effective date of this section, the director of administrative	10157
services shall establish an electronic site accessible through	10158
the internet to publish the following:	10159

(1) A database containing each state employee's year-to-date	10160
gross pay and pay from the most recent pay period. The database	10161
shall contain searchable fields including the name of the agency,	10162
position title, and employee name.	10163

(2) A database containing agency expenditures for goods and	10164
services that shall contain searchable fields including the name	10165
of the agency, expenditure amount, category of good or service for	10166
which an expenditure is made, and contractor or vendor name;	10167

(3) A database containing tax credits issued by the director	10168
of development to business entities that shall contain searchable	10169
fields, including the name under which the tax credit is known,	10170
the name of the entity receiving the credit, and the county in	10171
which the credit recipient's principal place of business in this	10172
state is located.	10173

(B) Daily, each executive agency shall provide to the	10174
department of administrative services information to be published	10175
in the databases under division (A) of this section. The director	10176
of administrative services may adopt rules governing the means by	10177
which information is submitted and databases are updated.	10178

Sec. 125.22. (A) The department of administrative services	10179
shall establish the central service agency to perform ~~routine~~and	10180
provide support for the following boards and commissions:	10181

(1) Architects board;

10182

(2) Barber board;

10183

(3) State chiropractic board;

10184

(4) State board of cosmetology;

10185

(5) Accountancy board;

10186

(6) State dental board;

10187

(7) State board of optometry;

10188

(8) Ohio occupational therapy, physical therapy, and athletic	10189
trainers board;	10190

(9) State board of registration for professional engineers	10191
and surveyors;	10192

(10) State board of sanitarian registration;

10193

(11) Board of embalmers and funeral directors;

10194

(12) State board of psychology;

10195

(13) Ohio optical dispensers board;

10196

(14) Board of speech-language pathology and audiology;

10197

(15) Counselor, social worker, and marriage and family	10198
therapist board;	10199

(16) State veterinary medical licensing board;

10200

(17) Ohio board of dietetics;

10201

(18) Commission on Hispanic-Latino affairs;

10202

(19) Ohio respiratory care board;

10203

(20) ~~Ohio commission on African-American males;~~

10204

~~(21)~~ Chemical dependency professionals board;

10205

(21) State medical board;

10206

(22) Board of nursing;

10207

(23) State board of pharmacy;

10208

(24) Ohio medical transportation board;

10209

(25) Ohio athletic commission;

10210

(26) Board of motor vehicle collision repair;

10211

(27) Manufactured homes commission;

10212

(28) Board of orthotics, prosthetics, and pedorthics;

10213

(29) State board of career colleges and schools.

10214

(B)(1) ~~Notwithstanding any other section of the Revised Code~~	10215
On or before June 30, 2010, the agency, in conjunction with the	10216
individual boards and commissions named in division (A) of the	10217
section, shall develop and implement specific service level	10218
agreements and agency specific addendums to perform and provide	10219
~~the following routine~~ support services for ~~the~~those boards and	10220
commissions ~~named in division (A) of this section unless the~~	10221
~~controlling board exempts a board or commission from this~~	10222
~~requirement on the recommendation of the director of~~	10223
~~administrative services~~. The service level agreements may provide	10224
for all or some of the following services:	10225

(a) ~~Preparing~~Making recommendations regarding and preparing	10226
and processing of payroll and other personnel documents;	10227

(b) Preparing and processing vouchers, purchase orders,	10228
encumbrances, and other accounting documents;	10229

10230

(d) Preparing and monitoring budgets and allotment plans in	10231
consultation with the boards and commissions;	10232

(e) Other routine support services that the ~~director of~~	10233
~~administrative services considers~~agency and the boards and	10234
commissions consider appropriate to achieve efficiency.	10235

(2) The agency may perform and provide other services which a	10236
board or commission named in division (A) of this section	10237
delegates to the agency and the agency accepts.	10238

(3) The agency may perform and provide any service for any	10239
professional or occupational licensing board not named in division	10240
(A) of this section or any commission if the board or commission	10241
requests such service and the agency accepts.	10242

(C) The director of administrative services shall be the	10243
appointing authority for the agency.	10244

(D) The agency shall determine the fees to be charged to the	10245
boards and commissions, which shall be in proportion to the	10246
services performed or provided for each board or commission. All	10247
services shall be documented in the service level agreements and	10248
addendums signed by the agency and the boards and commissions.	10249

(E) Each board or commission named in division (A) of this	10250
section and any other board or commission requesting services from	10251
the agency shall pay these fees to the agency from the general	10252
revenue fund maintenance account of the board or commission or	10253
from such other fund as the operating expenses of the board or	10254
commission are paid. Any amounts set aside for a fiscal year by a	10255
board or commission to allow for the payment of fees shall be used	10256
only for the services performed or provided by the agency in that	10257
fiscal year. All receipts collected by the agency shall be	10258
deposited in the state treasury to the credit of the central	10259
service agency fund, which is hereby created. All expenses	10260
incurred by the agency in performing or providing services for the	10261
boards or commissions shall be paid from the fund.	10262

(F) ~~Nothing in this section shall be construed as a grant of~~	10263
~~authority for the~~The central service agency tomay initiate or	10264
deny those personnel or fiscal actions ~~for the boards and~~	10265
~~commissions~~that are addressed in a service level agreement or	10266
addendum, subject to the terms and conditions of the agreement or	10267
addendum. The central service agency may in writing initiate or	10268
deny personnel or fiscal actions that are contrary to state law or	10269
policy. The state law or policy shall be stated in the initiation	10270
or denial.	10271

Sec. 125.24. With respect to any contract entered into under	10272
this chapter, which is made by the state or in whole or in part	10273
supported by state funds, a contractor shall comply with any	10274
regulation or ordinance that relates to the health, safety,	10275
status, and welfare of employees and that is enacted by the	10276
political subdivision in which the contract is to be performed.	10277

Sec. 125.831. As used in sections 125.831 to 125.834 of the	10278
Revised Code:	10279

(A) "Alternative fuel" means any of the following fuels used	10280
in a motor vehicle:	10281

(1) E85 blend fuel;

10282

(2) Blended biodiesel;

10283

(3) Natural gas;

10284

(4) Liquefied petroleum gas;

10285

(5) Hydrogen;

10286

(6) Compressed air;

10287

(7) Any power source, including electricity;

10288

~~(7)~~(8) Any fuel not described in divisions (A)(1) to ~~(6)~~(7)	10289
of this section that the United States department of energy	10290
determines, by final rule, to be substantially not petroleum, and	10291
that would yield substantial energy security and environmental	10292
benefits.	10293

(B) "Biodiesel" means a mono-alkyl ester combustible liquid	10294
fuel that is derived from vegetable oils or animal fats, or any	10295
combination of those reagents that meets the American society for	10296
testing and materials specification for biodiesel fuel (B100)	10297
blend stock distillate fuels and any other standards that the	10298
director of administrative services adopts by rule.	10299

(C) "Blended biodiesel" means a blend of biodiesel with	10300
petroleum based diesel fuel in which the resultant product	10301
contains not less than twenty per cent biodiesel that meets the	10302
American society for testing and materials specification for	10303
blended diesel fuel and any other standards that the director of	10304
administrative services adopts by rule.	10305

(D) "Diesel fuel" means any liquid fuel that is capable of	10306
use in discrete form or as a blend component in the operation of	10307
engines of the diesel type.	10308

(E) "E85 blend fuel" means fuel containing eighty-five per	10309
cent or more ethanol as defined in section 5733.46 of the Revised	10310
Code or containing any other percentage of not less than seventy	10311
per cent ethanol if the United States department of energy	10312
determines, by rule, that the lower percentage is necessary to	10313
provide for the requirements of cold start, safety, or vehicle	10314
functions, and that meets the American society for testing and	10315
materials specification for E85 blend fuel and any other standards	10316
that the director of administrative services adopts by rule.	10317

(F) "Law enforcement officer" means an officer, agent, or	10318
employee of a state agency upon whom, by statute, a duty to	10319
conserve the peace or to enforce all or certain laws is imposed	10320
and the authority to arrest violators is conferred, within the	10321
limits of that statutory duty and authority, but does not include	10322
such an officer, agent, or employee if that duty and authority is	10323
location specific.	10324

(G)(1) "Motor vehicle" means any automobile, car minivan,	10325
cargo van, passenger van, sport utility vehicle, or pickup truck	10326
with a gross vehicle weight of under twelve thousand pounds.	10327

(2) "Motor vehicle" does not include, except for the purposes	10328
of division (C) of section 125.832 of the Revised Code, any	10329
vehicle described in division (G)(1) of this section that is used	10330
by a law enforcement officer and law enforcement agency or any	10331
vehicle that is so described and that is equipped with specialized	10332
equipment that is not normally found in such a vehicle and that is	10333
used to carry out a state agency's specific and specialized duties	10334
and responsibilities.	10335

(H) "Specialized equipment" does not include standard mobile	10336
radios with no capabilities other than voice communication,	10337
exterior and interior lights, or roof-mounted caution lights.	10338

(I) "State agency" means every organized body, office, board,	10339
authority, commission, or agency established by the laws of the	10340
state for the exercise of any governmental or quasi-governmental	10341
function of state government regardless of the funding source for	10342
that entity, other than any state institution of higher education,	10343
the office of the governor, lieutenant governor, auditor of state,	10344
treasurer of state, secretary of state, or attorney general, the	10345
general assembly or any legislative agency, the courts or any	10346
judicial agency, or any state retirement system or retirement	10347
program established by or referenced in the Revised Code.	10348

(J) "State institution of higher education" has the same	10349
meaning as in section 3345.011 of the Revised Code.	10350

Sec. 126.05. On or before the tenth day of each month, the	10351
director of budget and management shall furnish to the governor	10352
statements in such form as the governor requires showing the	10353
condition of the general revenue fund. The statements shall	10354
provide a summary of the status of appropriations to enable the	10355
governor to exercise and maintain effective supervision and	10356
control over the expenditures of the state. The director shall	10357
also furnish statements the governor requests showing the	10358
condition of any other fund.	10359

If the governor ascertains that the available revenue	10360
receipts and balances for the general revenue fund for the current	10361
fiscal year will in all probability be less than the	10362
appropriations for the year, hethe governor shall issue such	10363
orders to the state agencies as will prevent their expenditures	10364
and incurred obligations from exceeding such revenue receipts and	10365
balances.	10366

If the governor ascertains that the available revenue	10367
receipts and balances for any fund other than the general revenue	10368
fund for the current fiscal year will in all probability be less	10369
than the appropriations for the year, hethe governor may issue	10370
such orders to the state agencies as will prevent their	10371
expenditures and incurred obligations from exceeding such revenue	10372
receipts and balances.	10373

If the governor determines that the available revenue	10374
receipts and balances in any fund or across funds will likely be	10375
less than the appropriations for the year, the governor may	10376
declare a fiscal emergency and may issue such orders as necessary	10377
to the director of budget and management to reduce expenditures,	10378
or to the director of administrative services to implement	10379
personnel actions consistent therewith, including, but not	10380
limited to, mandatory cost savings days under section 124.392 of	10381
the Revised Code.	10382

As used in this section, "expenditures and incurred	10383
obligations" includes all moneys expended or obligated pursuant to	10384
appropriations by the general assembly that are calculated and	10385
distributed pursuant to a distribution formula in law.	10386

Sec. 126.21. (A) The director of budget and management shall	10387
do all of the following:	10388

(1) Keep all necessary accounting records;

10389

(2) Prescribe and maintain the accounting system of the state	10390
and establish appropriate accounting procedures and charts of	10391
accounts;	10392

(3) Establish procedures for the use of written, electronic,	10393
optical, or other communications media for approving and reviewing	10394
payment vouchers;	10395

(4) Reconcile, in the case of any variation between the	10396
amount of any appropriation and the aggregate amount of items of	10397
the appropriation, with the advice and assistance of the state	10398
agency affected by it and the legislative service commission,	10399
totals so as to correspond in the aggregate with the total	10400
appropriation. In the case of a conflict between the item and the	10401
total of which it is a part, the item shall be considered the	10402
intended appropriation.	10403

(5) Evaluate on an ongoing basis and, if necessary, recommend	10404
improvements to the internal controls used in state agencies;	10405

(6) Authorize the establishment of petty cash accounts. The	10406
director may withdraw approval for any petty cash account and	10407
require the officer in charge to return to the state treasury any	10408
unexpended balance shown by the officer's accounts to be on hand.	10409
Any officer who is issued a warrant for petty cash shall render a	10410
detailed account of the expenditures of the petty cash and shall	10411
report when requested the balance of petty cash on hand at any	10412
time.	10413

(7) Process orders, invoices, vouchers, claims, and payrolls	10414
and prepare financial reports and statements;	10415

(8) Perform extensions, reviews, and compliance checks prior	10416
to or after approving a payment as the director considers	10417
necessary;	10418

(9) Issue the official comprehensive annual financial report	10419
of the state. The report shall cover all funds of the state	10420
reporting entity and shall include basic financial statements and	10421
required supplementary information prepared in accordance with	10422
generally accepted accounting principles and other information as	10423
the director provides. All state agencies, authorities,	10424
institutions, offices, retirement systems, and other component	10425
units of the state reporting entity as determined by the director	10426
shall furnish the director whatever financial statements and other	10427
information the director requests for the report, in the form, at	10428
the times, covering the periods, and with the attestation the	10429
director prescribes. The information for state institutions of	10430
higher education, as defined in section 3345.011 of the Revised	10431
Code, shall be submitted to the chancellor by the Ohio board of	10432
regents. The board shall establish a due date by which each such	10433
institution shall submit the information to the board, but no	10434
such date shall be later than one hundred twenty days after the	10435
end of the state fiscal year unless a later date is approved by	10436
the director.	10437

(B) In addition to the director's duties under division (A)	10438
of this section, the director may establish and administer one or	10439
more state payment card programs that permit or require state	10440
agencies to use a payment card to purchase equipment, materials,	10441
supplies, or services in accordance with guidelines issued by the	10442
director. The chief administrative officer of a state agency that	10443
uses a payment card for such purposes shall ensure that purchases	10444
made with the card are made in accordance with the guidelines	10445
issued by the director and do not exceed the unexpended,	10446
unencumbered, unobligated balance in the appropriation to be	10447
charged for the purchase. State agencies may participate in only	10448
those state payment card programs that the director establishes	10449
pursuant to this section.	10450

(C) In addition to the director's duties under divisions (A)	10451
and (B) of this section, the director may enter into any contract	10452
or agreement necessary for and incidental to the performance of	10453
the director's duties or the duties of the office of budget and	10454
management.	10455

(D) In consultation with the director of administrative	10456
services, the director may appoint and fix the compensation of	10457
employees of the office of budget and management whose primary	10458
duties include the consolidation of statewide financing functions	10459
and common transactional processes.	10460

Sec. 126.35. (A) The director of budget and management	10461
shall draw warrants against the treasurer of state pursuant to all	10462
requests for payment that the director has approved under section	10463
126.07 of the Revised Code.	10464

(B) Unless ~~the director of job and family services has~~	10465
~~provided for the making of payments~~a cash assistance payment is	10466
to be made by electronic benefit transfer, ~~if a financial~~	10467
~~institution and account have been designated by the participant or~~	10468
~~recipient,~~ payment by the director of budget and management to a	10469
participant in the Ohio works first program pursuant to Chapter	10470
5107. of the Revised Code or, a recipient of disability financial	10471
assistance pursuant to Chapter 5115. of the Revised Code, or a	10472
recipient of cash assistance provided under the refugee assistance	10473
program established under section 5101.49 of the Revised Code	10474
shall be made by direct deposit to the account of the participant	10475
or recipient in the financial institution designated under section	10476
329.03 of the Revised Code. Payment by the director of budget and	10477
management to a recipient of benefits distributed through the	10478
medium of electronic benefit transfer pursuant to section 5101.33	10479
of the Revised Code shall be by electronic benefit transfer.	10480
Payment by the director of budget and management as compensation	10481
to an employee of the state who has, pursuant to section 124.151	10482
of the Revised Code, designated a financial institution and	10483
account for the direct deposit of such payments shall be made by	10484
direct deposit to the account of the employee. Payment to any	10485
other payee who has designated a financial institution and account	10486
for the direct deposit of such payment may be made by direct	10487
deposit to the account of the payee in the financial institution	10488
as provided in section 9.37 of the Revised Code. Accounts	10489
maintained by the director of budget and management or the	10490
director's agent in a financial institution for the purpose of	10491
effectuating payment by direct deposit or electronic benefit	10492
transfer shall be maintained in accordance with section 135.18 of	10493
the Revised Code.	10494

(C) All other payments from the state treasury shall be made	10495
by paper warrants or by direct deposit payable to the respective	10496
payees. The director of budget and management may mail the paper	10497
warrants to the respective payees or distribute them through other	10498
state agencies, whichever the director determines to be the better	10499
procedure.	10500

(D) If the average per transaction cost the director of	10501
budget and management incurs in making direct deposits for a state	10502
agency exceeds the average per transaction cost the director	10503
incurs in drawing paper warrants for all public offices during the	10504
same period of time, the director may certify the difference in	10505
cost and the number of direct deposits for the agency to the	10506
director of administrative services. The director of	10507
administrative services shall reimburse the director of budget and	10508
management for such additional costs and add the amount to the	10509
processing charge assessed upon the state agency.	10510

Sec. 127.16. (A) Upon the request of either a state agency	10511
or the director of budget and management and after the controlling	10512
board determines that an emergency or a sufficient economic reason	10513
exists, the controlling board may approve the making of a purchase	10514
without competitive selection as provided in division (B) of this	10515
section.	10516

(B) Except as otherwise provided in this section, no state	10517
agency, using money that has been appropriated to it directly,	10518
shall:	10519

(1) Make any purchase from a particular supplier, that would	10520
amount to fifty thousand dollars or more when combined with both	10521
the amount of all disbursements to the supplier during the fiscal	10522
year for purchases made by the agency and the amount of all	10523
outstanding encumbrances for purchases made by the agency from the	10524
supplier, unless the purchase is made by competitive selection or	10525
with the approval of the controlling board;	10526

(2) Lease real estate from a particular supplier, if the	10527
lease would amount to seventy-five thousand dollars or more when	10528
combined with both the amount of all disbursements to the supplier	10529
during the fiscal year for real estate leases made by the agency	10530
and the amount of all outstanding encumbrances for real estate	10531
leases made by the agency from the supplier, unless the lease is	10532
made by competitive selection or with the approval of the	10533
controlling board.	10534

(C) Any person who authorizes a purchase in violation of	10535
division (B) of this section shall be liable to the state for any	10536
state funds spent on the purchase, and the attorney general shall	10537
collect the amount from the person.	10538

(D) Nothing in division (B) of this section shall be	10539
construed as:	10540

(1) A limitation upon the authority of the director of	10541
transportation as granted in sections 5501.17, 5517.02, and	10542
5525.14 of the Revised Code;	10543

(2) Applying to medicaid provider agreements under Chapter	10544
5111. of the Revised Code or payments or provider agreements under	10545
the disability medical assistance program established under	10546
Chapter 5115. of the Revised Code;	10547

(3) Applying to the purchase of examinations from a sole	10548
supplier by a state licensing board under Title XLVII of the	10549
Revised Code;	10550

(4) Applying to entertainment contracts for the Ohio state	10551
fair entered into by the Ohio expositions commission, provided	10552
that the controlling board has given its approval to the	10553
commission to enter into such contracts and has approved a total	10554
budget amount for such contracts as agreed upon by commission	10555
action, and that the commission causes to be kept itemized records	10556
of the amounts of money spent under each contract and annually	10557
files those records with the clerk of the house of representatives	10558
and the clerk of the senate following the close of the fair;	10559

(5) Limiting the authority of the chief of the division of	10560
mineral resources management to contract for reclamation work with	10561
an operator mining adjacent land as provided in section 1513.27 of	10562
the Revised Code;	10563

(6) Applying to investment transactions and procedures of any	10564
state agency, except that the agency shall file with the board the	10565
name of any person with whom the agency contracts to make, broker,	10566
service, or otherwise manage its investments, as well as the	10567
commission, rate, or schedule of charges of such person with	10568
respect to any investment transactions to be undertaken on behalf	10569
of the agency. The filing shall be in a form and at such times as	10570
the board considers appropriate.	10571

(7) Applying to purchases made with money for the per cent	10572
for arts program established by section 3379.10 of the Revised	10573
Code;	10574

(8) Applying to purchases made by the rehabilitation services	10575
commission of services, or supplies, that are provided to persons	10576
with disabilities, or to purchases made by the commission in	10577
connection with the eligibility determinations it makes for	10578
applicants of programs administered by the social security	10579
administration;	10580

(9) Applying to payments by the department of job and family	10581
services under section 5111.13 of the Revised Code for group	10582
health plan premiums, deductibles, coinsurance, and other	10583
cost-sharing expenses;	10584

(10) Applying to any agency of the legislative branch of the	10585
state government;	10586

(11) Applying to agreements or contracts entered into under	10587
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	10588
Revised Code;	10589

(12) Applying to purchases of services by the adult parole	10590
authority under section 2967.14 of the Revised Code or by the	10591
department of youth services under section 5139.08 of the Revised	10592
Code;	10593

(13) Applying to dues or fees paid for membership in an	10594
organization or association;	10595

(14) Applying to purchases of utility services pursuant to	10596
section 9.30 of the Revised Code;	10597

(15) Applying to purchases made in accordance with rules	10598
adopted by the department of administrative services of motor	10599
vehicle, aviation, or watercraft fuel, or emergency repairs of	10600
such vehicles;	10601

(16) Applying to purchases of tickets for passenger air	10602
transportation;	10603

(17) Applying to purchases necessary to provide public	10604
notifications required by law or to provide notifications of job	10605
openings;	10606

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

10607

(19) Applying to purchases of liquor for resale by the	10608
division of liquor control;	10609

(20) Applying to purchases of motor courier and freight	10610
services made in accordance with department of administrative	10611
services rules;	10612

(21) Applying to purchases from the United States postal	10613
service and purchases of stamps and postal meter replenishment	10614
from vendors at rates established by the United States postal	10615
service;	10616

(22) Applying to purchases of books, periodicals, pamphlets,	10617
newspapers, maintenance subscriptions, and other published	10618
materials;	10619

(23) Applying to purchases from other state agencies,	10620
including state-assisted institutions of higher education;	10621

(24) Limiting the authority of the director of environmental	10622
protection to enter into contracts under division (D) of section	10623
3745.14 of the Revised Code to conduct compliance reviews, as	10624
defined in division (A) of that section;	10625

(25) Applying to purchases from a qualified nonprofit agency	10626
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	10627
the Revised Code;	10628

(26) Applying to payments by the department of job and family	10629
services to the United States department of health and human	10630
services for printing and mailing notices pertaining to the tax	10631
refund offset program of the internal revenue service of the	10632
United States department of the treasury;	10633

(27) Applying to contracts entered into by the department of	10634
mental retardation and developmental disabilities under section	10635
5123.18 of the Revised Code;	10636

(28) Applying to payments made by the department of mental	10637
health under a physician recruitment program authorized by section	10638
5119.101 of the Revised Code;	10639

(29) Applying to contracts entered into with persons by the	10640
director of commerce for unclaimed funds collection and remittance	10641
efforts as provided in division (F) of section 169.03 of the	10642
Revised Code. The director shall keep an itemized accounting of	10643
unclaimed funds collected by those persons and amounts paid to	10644
them for their services.	10645

(30) Applying to purchases made by a state institution of	10646
higher education in accordance with the terms of a contract	10647
between the vendor and an inter-university purchasing group	10648
comprised of purchasing officers of state institutions of higher	10649
education;	10650

(31) Applying to the department of job and family services'	10651
purchases of health assistance services under the children's	10652
health insurance program part I provided for under section 5101.50	10653
of the Revised Code, the children's health insurance program part	10654
II provided for under section 5101.51 of the Revised Code, or the	10655
children's health insurance program part III provided for under	10656
section 5101.52 of the Revised Code, or the children's buy-in	10657
program provided for under sections 5101.5211 to 5101.5216 of the	10658
Revised Code;	10659

(32) Applying to payments by the attorney general from the	10660
reparations fund to hospitals and other emergency medical	10661
facilities for performing medical examinations to collect physical	10662
evidence pursuant to section 2907.28 of the Revised Code;	10663

(33) Applying to contracts with a contracting authority or	10664
administrative receiver under division (B) of section 5126.056 of	10665
the Revised Code;	10666

(34) Applying to ~~reimbursements paid to the United States~~	10667
~~department of veterans affairs for pharmaceutical and patient~~	10668
~~supply purchases made on behalf of the Ohio veterans' home agency~~	10669
purchases of goods and services by the department of veterans	10670
services in accordance with the terms of contracts entered into by	10671
the United States department of veterans affairs;	10672

~~(35) Applying to agreements entered into with terminal~~	10673
~~distributors of dangerous drugs under section 173.79 of the~~	10674
~~Revised Code;~~	10675

~~(36)~~ Applying to payments by the superintendent of the bureau	10676
of criminal identification and investigation to the federal bureau	10677
of investigation for criminal records checks pursuant to section	10678
109.572 of the Revised Code.	10679

(E) When determining whether a state agency has reached the	10680
cumulative purchase thresholds established in divisions (B)(1) and	10681
(2) of this section, all of the following purchases by such agency	10682
shall not be considered:	10683

(1) Purchases made through competitive selection or with	10684
controlling board approval;	10685

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

10686

(3) For the purposes of the threshold of division (B)(1) of	10687
this section only, leases of real estate.	10688

(F) As used in this section, "competitive selection,"	10689
"purchase," "supplies," and "services" have the same meanings as	10690
in section 125.01 of the Revised Code.	10691

Sec. 131.33. (A) No state agency shall incur an obligation	10692
which exceeds the agency's current appropriation authority.	10693
~~Unexpended~~Except as provided in division (D) of this section,	10694
unexpended balances of appropriations shall, at the close of the	10695
period for which the appropriations are made, revert to the funds	10696
from which the appropriations were made, except that the director	10697
of budget and management shall transfer such unexpended balances	10698
from the first fiscal year to the second fiscal year of an	10699
agency's appropriations to the extent necessary for voided	10700
warrants to be reissued pursuant to division (C) of section	10701
126.37 of the Revised Code.	10702

Except as provided in this section, appropriations made to a	10703
specific fiscal year shall be expended only to pay liabilities	10704
incurred within that fiscal year.	10705

(B) All payrolls shall be charged to the allotments of the	10706
fiscal quarters in which the applicable payroll vouchers are	10707
certified by the director of budget and management in accordance	10708
with section 126.07 of the Revised Code. As used in this ~~section~~	10709
division, "payrolls" means any payment made in accordance with	10710
section 125.21 of the Revised Code.	10711

(C) Legal liabilities from prior fiscal years for which there	10712
is no reappropriation authority shall be discharged from the	10713
unencumbered balances of current appropriations.	10714

(D)(1) Federal grant funds obligated by the department of job	10715
and family services for financial allocations to county family	10716
services agencies and local workforce investment boards may, at	10717
the discretion of the director of job and family services, be	10718
available for expenditure for the duration of the federal grant	10719
period of obligation and liquidation, as follows:	10720

(a) At the end of the state fiscal year, all unexpended	10721
county family services agency and local workforce investment board	10722
financial allocations obligated from federal grant funds may	10723
continue to be valid for expenditure during subsequent state	10724
fiscal years.	10725

(b) The financial allocations described in division (D)(1)(a)	10726
of this section shall be reconciled at the end of the federal	10727
grant period of availability or as required by federal law,	10728
regardless of the state fiscal year of the appropriation.	10729

(2) The director of job and family services may adopt rules	10730
in accordance with section 111.15 of the Revised Code, as if they	10731
were internal management rules, as necessary to implement division	10732
(D) of this section.	10733

(3) As used in division (D) of this section:

10734

(a) "County family services agency" has the same meaning as	10735
in section 307.981 of the Revised Code.	10736

(b) "Local workforce investment board" means a local	10737
workforce investment board established under section 117 of the	10738
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2832,	10739
as amended.	10740

Sec. 133.06. (A) A school district shall not incur, without	10741
a vote of the electors, net indebtedness that exceeds an amount	10742
equal to one-tenth of one per cent of its tax valuation, except as	10743
provided in divisions (G) and (H) of this section and in division	10744
(C) of section 3313.372 of the Revised Code, or as prescribed in	10745
section 3318.052 or 3318.44 of the Revised Code, or as provided in	10746
division (J) of this section.	10747

(B) Except as provided in divisions (E), (F), and (I) of this	10748
section, a school district shall not incur net indebtedness that	10749
exceeds an amount equal to nine per cent of its tax valuation.	10750

(C) A school district shall not submit to a vote of the	10751
electors the question of the issuance of securities in an amount	10752
that will make the district's net indebtedness after the issuance	10753
of the securities exceed an amount equal to four per cent of its	10754
tax valuation, unless the superintendent of public instruction,	10755
acting under policies adopted by the state board of education, and	10756
the tax commissioner, acting under written policies of the	10757
commissioner, consent to the submission. A request for the	10758
consents shall be made at least one hundred five days prior to the	10759
election at which the question is to be submitted.	10760

The superintendent of public instruction shall certify to the	10761
district the superintendent's and the tax commissioner's decisions	10762
within thirty days after receipt of the request for consents.	10763

If the electors do not approve the issuance of securities at	10764
the election for which the superintendent of public instruction	10765
and tax commissioner consented to the submission of the question,	10766
the school district may submit the same question to the electors	10767
on the date that the next special election may be held under	10768
section 3501.01 of the Revised Code without submitting a new	10769
request for consent. If the school district seeks to submit the	10770
same question at any other subsequent election, the district shall	10771
first submit a new request for consent in accordance with this	10772
division.	10773

(D) In calculating the net indebtedness of a school district,	10774
none of the following shall be considered:	10775

(1) Securities issued to acquire school buses and other	10776
equipment used in transporting pupils or issued pursuant to	10777
division (D) of section 133.10 of the Revised Code;	10778

(2) Securities issued under division (F) of this section,	10779
under section 133.301 of the Revised Code, and, to the extent in	10780
excess of the limitation stated in division (B) of this section,	10781
under division (E) of this section;	10782

(3) Indebtedness resulting from the dissolution of a joint	10783
vocational school district under section 3311.217 of the Revised	10784
Code, evidenced by outstanding securities of that joint vocational	10785
school district;	10786

(4) Loans, evidenced by any securities, received under	10787
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	10788
Revised Code;	10789

(5) Debt incurred under section 3313.374 of the Revised Code;

10790

(6) Debt incurred pursuant to division (B)(5) of section	10791
3313.37 of the Revised Code to acquire computers and related	10792
hardware;	10793

(7) Debt incurred under section 3318.042 of the Revised Code.

10794

(E) A school district may become a special needs district as	10795
to certain securities as provided in division (E) of this section.	10796

(1) A board of education, by resolution, may declare its	10797
school district to be a special needs district by determining both	10798
of the following:	10799

(a) The student population is not being adequately serviced	10800
by the existing permanent improvements of the district.	10801

(b) The district cannot obtain sufficient funds by the	10802
issuance of securities within the limitation of division (B) of	10803
this section to provide additional or improved needed permanent	10804
improvements in time to meet the needs.	10805

(2) The board of education shall certify a copy of that	10806
resolution to the superintendent of public instruction with a	10807
statistical report showing all of the following:	10808

(a) A history of and a projection of the growth of the	10809
student population;	10810

(b) The history of and a projection of the growth of the tax	10811
valuation;	10812

10813

(d) The estimated cost of permanent improvements proposed to	10814
meet such projected needs.	10815

(3) The superintendent of public instruction shall certify	10816
the district as an approved special needs district if the	10817
superintendent finds both of the following:	10818

(a) The district does not have available sufficient	10819
additional funds from state or federal sources to meet the	10820
projected needs.	10821

(b) The projection of the potential average growth of tax	10822
valuation during the next five years, according to the information	10823
certified to the superintendent and any other information the	10824
superintendent obtains, indicates a likelihood of potential	10825
average growth of tax valuation of the district during the next	10826
five years of an average of not less than three per cent per year.	10827
The findings and certification of the superintendent shall be	10828
conclusive.	10829

(4) An approved special needs district may incur net	10830
indebtedness by the issuance of securities in accordance with the	10831
provisions of this chapter in an amount that does not exceed an	10832
amount equal to the greater of the following:	10833

(a) Nine per cent of the sum of its tax valuation plus an	10834
amount that is the product of multiplying that tax valuation by	10835
the percentage by which the tax valuation has increased over the	10836
tax valuation on the first day of the sixtieth month preceding the	10837
month in which its board determines to submit to the electors the	10838
question of issuing the proposed securities;	10839

(b) Nine per cent of the sum of its tax valuation plus an	10840
amount that is the product of multiplying that tax valuation by	10841
the percentage, determined by the superintendent of public	10842
instruction, by which that tax valuation is projected to increase	10843
during the next ten years.	10844

(F) A school district may issue securities for emergency	10845
purposes, in a principal amount that does not exceed an amount	10846
equal to three per cent of its tax valuation, as provided in this	10847
division.	10848

(1) A board of education, by resolution, may declare an	10849
emergency if it determines both of the following:	10850

(a) School buildings or other necessary school facilities in	10851
the district have been wholly or partially destroyed, or condemned	10852
by a constituted public authority, or that such buildings or	10853
facilities are partially constructed, or so constructed or planned	10854
as to require additions and improvements to them before the	10855
buildings or facilities are usable for their intended purpose, or	10856
that corrections to permanent improvements are necessary to remove	10857
or prevent health or safety hazards.	10858

(b) Existing fiscal and net indebtedness limitations make	10859
adequate replacement, additions, or improvements impossible.	10860

(2) Upon the declaration of an emergency, the board of	10861
education may, by resolution, submit to the electors of the	10862
district pursuant to section 133.18 of the Revised Code the	10863
question of issuing securities for the purpose of paying the cost,	10864
in excess of any insurance or condemnation proceeds received by	10865
the district, of permanent improvements to respond to the	10866
emergency need.	10867

(3) The procedures for the election shall be as provided in	10868
section 133.18 of the Revised Code, except that:	10869

(a) The form of the ballot shall describe the emergency	10870
existing, refer to this division as the authority under which the	10871
emergency is declared, and state that the amount of the proposed	10872
securities exceeds the limitations prescribed by division (B) of	10873
this section;	10874

(b) The resolution required by division (B) of section 133.18	10875
of the Revised Code shall be certified to the county auditor and	10876
the board of elections at least seventy-five days prior to the	10877
election;	10878

(c) The county auditor shall advise and, not later than	10879
sixty-five days before the election, confirm that advice by	10880
certification to, the board of education of the information	10881
required by division (C) of section 133.18 of the Revised Code;	10882

(d) The board of education shall then certify its resolution	10883
and the information required by division (D) of section 133.18 of	10884
the Revised Code to the board of elections not less than sixty	10885
days prior to the election.	10886

(4) Notwithstanding division (B) of section 133.21 of the	10887
Revised Code, the first principal payment of securities issued	10888
under this division may be set at any date not later than sixty	10889
months after the earliest possible principal payment otherwise	10890
provided for in that division.	10891

(G) The board of education may contract with an architect,	10892
professional engineer, or other person experienced in the design	10893
and implementation of energy conservation measures for an analysis	10894
and recommendations pertaining to installations, modifications of	10895
installations, or remodeling that would significantly reduce	10896
energy consumption in buildings owned by the district. The report	10897
shall include estimates of all costs of such installations,	10898
modifications, or remodeling, including costs of design,	10899
engineering, installation, maintenance, repairs, and debt service,	10900
and estimates of the amounts by which energy consumption and	10901
resultant operational and maintenance costs, as defined by the	10902
Ohio school facilities commission, would be reduced.	10903

If the board finds after receiving the report that the amount	10904
of money the district would spend on such installations,	10905
modifications, or remodeling is not likely to exceed the amount of	10906
money it would save in energy and resultant operational and	10907
maintenance costs over the ensuing fifteen years, the board may	10908
submit to the commission a copy of its findings and a request for	10909
approval to incur indebtedness to finance the making or	10910
modification of installations or the remodeling of buildings for	10911
the purpose of significantly reducing energy consumption.	10912

If the commission determines that the board's findings are	10913
reasonable, it shall approve the board's request. Upon receipt of	10914
the commission's approval, the district may issue securities	10915
without a vote of the electors in a principal amount not to exceed	10916
nine-tenths of one per cent of its tax valuation for the purpose	10917
of making such installations, modifications, or remodeling, but	10918
the total net indebtedness of the district without a vote of the	10919
electors incurred under this and all other sections of the Revised	10920
Code, except section 3318.052 of the Revised Code, shall not	10921
exceed one per cent of the district's tax valuation.	10922

So long as any securities issued under division (G) of this	10923
section remain outstanding, the board of education shall monitor	10924
the energy consumption and resultant operational and maintenance	10925
costs of buildings in which installations or modifications have	10926
been made or remodeling has been done pursuant to division (G) of	10927
this section and shall maintain and annually update a report	10928
documenting the reductions in energy consumption and resultant	10929
operational and maintenance cost savings attributable to such	10930
installations, modifications, or remodeling. The report shall be	10931
certified by an architect or engineer independent of any person	10932
that provided goods or services to the board in connection with	10933
the energy conservation measures that are the subject of the	10934
report. The resultant operational and maintenance cost savings	10935
shall be certified by the school district treasurer. The report	10936
shall be made available to the commission upon request.	10937

(H) With the consent of the superintendent of public	10938
instruction, a school district may incur without a vote of the	10939
electors net indebtedness that exceeds the amounts stated in	10940
divisions (A) and (G) of this section for the purpose of paying	10941
costs of permanent improvements, if and to the extent that both of	10942
the following conditions are satisfied:	10943

(1) The fiscal officer of the school district estimates that	10944
receipts of the school district from payments made under or	10945
pursuant to agreements entered into pursuant to section 725.02,	10946
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	10947
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	10948
Code, or distributions under division (C) of section 5709.43 of	10949
the Revised Code, or any combination thereof, are, after	10950
accounting for any appropriate coverage requirements, sufficient	10951
in time and amount, and are committed by the proceedings, to pay	10952
the debt charges on the securities issued to evidence that	10953
indebtedness and payable from those receipts, and the taxing	10954
authority of the district confirms the fiscal officer's estimate,	10955
which confirmation is approved by the superintendent of public	10956
instruction;	10957

(2) The fiscal officer of the school district certifies, and	10958
the taxing authority of the district confirms, that the district,	10959
at the time of the certification and confirmation, reasonably	10960
expects to have sufficient revenue available for the purpose of	10961
operating such permanent improvements for their intended purpose	10962
upon acquisition or completion thereof, and the superintendent of	10963
public instruction approves the taxing authority's confirmation.	10964

The maximum maturity of securities issued under division (H)	10965
of this section shall be the lesser of twenty years or the maximum	10966
maturity calculated under section 133.20 of the Revised Code.	10967

(I) A school district may incur net indebtedness by the	10968
issuance of securities in accordance with the provisions of this	10969
chapter in excess of the limit specified in division (B) or (C) of	10970
this section when necessary to raise the school district portion	10971
of the basic project cost and any additional funds necessary to	10972
participate in a project under Chapter 3318. of the Revised Code,	10973
including the cost of items designated by the Ohio school	10974
facilities commission as required locally funded initiatives and	10975
the cost for site acquisition. The school facilities commission	10976
shall notify the superintendent of public instruction whenever a	10977
school district will exceed either limit pursuant to this	10978
division.	10979

(J) A school district whose portion of the basic project cost	10980
of its classroom facilities project under sections 3318.01 to	10981
3318.20 of the Revised Code is greater than or equal to one	10982
hundred million dollars may incur without a vote of the electors	10983
net indebtedness in an amount up to two per cent of its tax	10984
valuation through the issuance of general obligation securities in	10985
order to generate all or part of the amount of its portion of the	10986
basic project cost if the controlling board has approved the	10987
school facilities commission's conditional approval of the project	10988
under section 3318.04 of the Revised Code. The school district	10989
board and the Ohio school facilities commission shall include the	10990
dedication of the proceeds of such securities in the agreement	10991
entered into under section 3318.08 of the Revised Code. No state	10992
moneys shall be released for a project to which this section	10993
applies until the proceeds of any bonds issued under this section	10994
that are dedicated for the payment of the school district portion	10995
of the project are first deposited into the school district's	10996
project construction fund.	10997

Sec. 135.03. Any national bank, any bank doing business	10998
under authority granted by the superintendent of financial	10999
institutions, or any bank doing business under authority granted	11000
by the regulatory authority of another state of the United States,	11001
located in this state ~~and any bank as defined by section 1101.01~~	11002
~~of the Revised Code, subject to inspection by the superintendent~~	11003
~~of financial institutions~~, is eligible to become a public	11004
depository, subject to sections 135.01 to 135.21 of the Revised	11005
Code. No bank shall receive or have on deposit at any one time	11006
public moneys, including public moneys as defined in section	11007
135.31 of the Revised Code, in an aggregate amount in excess of	11008
thirty per cent of its total assets, as shown in its latest	11009
report to the ~~superintendent of financial institutions or~~	11010
comptroller of the currency, the superintendent of financial	11011
institutions, the federal deposit insurance corporation, or the	11012
board of governors of the federal reserve system.	11013

Any ~~domestic association as defined in section 1151.01 of the~~	11014
~~Revised Code, or any savings bank as defined in section 1161.01 of~~	11015
~~the Revised Code,~~federal savings association, any savings and	11016
loan association or savings bank doing business under authority	11017
granted by the superintendent of financial institutions, or any	11018
savings and loan association or savings bank doing business under	11019
authority granted by the regulatory authority of another state of	11020
the United States, located in this state, and authorized to accept	11021
deposits is eligible to become a public depository, subject to	11022
sections 135.01 to 135.21 of the Revised Code. No ~~domestic~~	11023
savings association, savings and loan association, or savings bank	11024
shall receive or have on deposit at any one time public moneys,	11025
including public moneys as defined in section 135.31 of the	11026
Revised Code, in an aggregate amount in excess of thirty per cent	11027
of its total assets, as shown in its latest report to the	11028
~~superintendent of financial institutions or federal home loan bank~~	11029
~~board~~office of thrift supervision, the superintendent of	11030
financial institutions, the federal deposit insurance corporation,	11031
or the board of governors of the federal reserve system.	11032

Sec. 135.06. Each eligible institution desiring to be a	11033
public depository of the inactive deposits of the public moneys of	11034
the state or of the inactive deposits of the public moneys of the	11035
subdivision shall, not more than thirty days prior to the date	11036
fixed by section 135.12 of the Revised Code for the designation of	11037
such public depositories, make application therefor in writing to	11038
the proper governing board. Such application shall specify the	11039
maximum amount of such public moneys which the applicant desires	11040
to receive and have on deposit as an inactive deposit at any one	11041
time during the period covered by the designation, provided that,	11042
~~where such applicant is a bank,~~ it shall not apply for more than	11043
thirty per cent of its total assets as revealed by its latest	11044
report to the superintendent of ~~banks or~~financial institutions,	11045
the comptroller of the currency, ~~and provided that where such~~	11046
~~applicant is a building and loan association, it shall not apply~~	11047
~~for more than thirty per cent of its total assets as revealed by~~	11048
~~its latest report to the superintendent of building and loan~~	11049
~~associations or the federal home loan bank board~~the office of	11050
thrift supervision, the federal deposit insurance corporation, or	11051
the board of governors of the federal reserve system, and the	11052
rate of interest which the applicant~~, whether it be a bank or a~~	11053
~~building and loan association,~~ will pay thereon, subject to the	11054
limitations of sections 135.01 to 135.21 of the Revised Code.	11055
Each application shall be accompanied by a financial statement of	11056
the applicant, under oath of its cashier, treasurer, or other	11057
officer, in such detail as to show the capital funds of the	11058
applicant, as of the date of its latest report to the	11059
superintendent ~~of banks, superintendent of building and loan~~	11060
~~associations, federal home loan bank board, or~~of financial	11061
institutions, the comptroller of the currency, the office of	11062
thrift supervision, the federal deposit insurance corporation, or	11063
the board of governors of the federal reserve system, and adjusted	11064
to show any changes therein made prior to the date of the	11065
application. Such application may be combined with an application	11066
for designation as a public depository of active deposits, interim	11067
deposits, or both.	11068

Sec. 135.08. Each eligible institution desiring to be a	11069
public depository of interim deposits of the public moneys of the	11070
state or of the interim deposits of the public moneys of the	11071
subdivision shall, not more than thirty days prior to the date	11072
fixed by section 135.12 of the Revised Code for the designation of	11073
public depositories, make application therefor in writing to the	11074
proper governing board. Such application shall specify the maximum	11075
amount of such public moneys which the applicant desires to	11076
receive and have on deposit as interim deposits at any one time	11077
during the period covered by the designation, provided that~~, where~~	11078
~~such applicant is a bank,~~ it shall not apply for more than thirty	11079
per cent of its total assets as revealed by its latest report to	11080
the superintendent of ~~banks or~~financial institutions, the	11081
comptroller of the currency, ~~and provided that where such~~	11082
~~applicant is a building and loan association, it shall not apply~~	11083
~~for more than thirty per cent of its total assets as revealed by~~	11084
~~its latest report to the superintendent of building and loan~~	11085
~~associations or the federal home loan bank board~~the office of	11086
thrift supervision, the federal deposit insurance corporation, or	11087
the board of governors of the federal reserve system, and the rate	11088
of interest which the applicant~~, whether it be a bank or a~~	11089
~~building and loan association,~~ will pay thereon, subject to the	11090
limitations of sections 135.01 to 135.21 of the Revised Code.	11091

Each application shall be accompanied by a financial	11092
statement of the applicant, under oath of its cashier, treasurer,	11093
or other officer, in such detail as to show the capital funds of	11094
the applicant, as of the date of its latest report to the	11095
superintendent of ~~banks, superintendent of building and loan~~	11096
~~associations, federal home loan bank board, or~~financial	11097
institutions, the comptroller of the currency, the office of	11098
thrift supervision, the federal deposit insurance corporation, or	11099
the board of governors of the federal reserve system, and adjusted	11100
to show any changes therein made prior to the date of the	11101
application. Such application may be combined with an application	11102
for designation as a public depository of inactive deposits,	11103
active deposits, or both.	11104

Sec. 135.32. (A) Any national bank, any bank doing business	11105
under authority granted by the superintendent of financial	11106
institutions, or any bank doing business under authority granted	11107
by the regulatory authority of another state of the United States,	11108
located in this state ~~and any bank as defined in section 1101.01~~	11109
~~of the Revised Code, subject to inspection by the superintendent~~	11110
~~of financial institutions~~, is eligible to become a public	11111
depository, subject to sections 135.31 to 135.40 of the Revised	11112
Code. No bank shall receive or have on deposit at any one time	11113
public moneys, including public moneys as defined in section	11114
135.01 of the Revised Code, in an aggregate amount in excess of	11115
thirty per cent of its total assets, as shown in its latest	11116
report to the ~~superintendent of financial institutions or~~	11117
comptroller of the currency, the superintendent of financial	11118
institutions, the federal deposit insurance corporation, or the	11119
board of governors of the federal reserve system.	11120

(B) Any ~~domestic association as defined in section 1151.01 of~~	11121
~~the Revised Code, or any savings bank as defined in section~~	11122
~~1161.01 of the Revised Code,~~federal savings association, any	11123
savings and loan association or savings bank doing business under	11124
authority granted by the superintendent of financial institutions,	11125
or any savings and loan association or savings bank doing business	11126
under authority granted by the regulatory authority of another	11127
state of the United States, located in this state, and authorized	11128
to accept deposits is eligible to become a public depository,	11129
subject to sections 135.31 to 135.40 of the Revised Code. No	11130
~~domestic~~savings association, savings and loan association, or	11131
savings bank shall receive or have on deposit at any one time	11132
public moneys, including public moneys as defined in section	11133
135.01 of the Revised Code, in an aggregate amount in excess of	11134
thirty per cent of its total assets, as shown in its latest	11135
report to ~~the superintendent of financial institutions or federal~~	11136
~~home loan bank board~~the office of thrift supervision, the	11137
superintendent of financial institutions, the federal deposit	11138
insurance corporation, or the board of governors of the federal	11139
reserve system.	11140

Sec. 141.04. (A) The annual salaries of the chief justice of	11141
the supreme court and of the justices and judges named in this	11142
section payable from the state treasury are as follows, rounded to	11143
the nearest fifty dollars:	11144

(1) For the chief justice of the supreme court, the following	11145
amounts effective in the following years:	11146

(a) Beginning January 1, 2000, one hundred twenty-four	11147
thousand nine hundred dollars;	11148

(b) Beginning January 1, 2001, one hundred twenty-eight	11149
thousand six hundred fifty dollars;	11150

(c) After 2001, the amount determined under division (E)(1)	11151
of this section.	11152

(2) For the justices of the supreme court, the following	11153
amounts effective in the following years:	11154

(a) Beginning January 1, 2000, one hundred seventeen thousand	11155
two hundred fifty dollars;	11156

(b) Beginning January 1, 2001, one hundred twenty thousand	11157
seven hundred fifty dollars;	11158

(c) After 2001, the amount determined under division (E)(1)	11159
of this section.	11160

(3) For the judges of the courts of appeals, the following	11161
amounts effective in the following years:	11162

(a) Beginning January 1, 2000, one hundred nine thousand two	11163
hundred fifty dollars;	11164

(b) Beginning January 1, 2001, one hundred twelve thousand	11165
five hundred fifty dollars;	11166

(c) After 2001, the amount determined under division (E)(1)	11167
of this section.	11168

(4) For the judges of the courts of common pleas, the	11169
following amounts effective in the following years:	11170

(a) Beginning January 1, 2000, one hundred thousand five	11171
hundred dollars, reduced by an amount equal to the annual	11172
compensation paid to that judge from the county treasury pursuant	11173
to section 141.05 of the Revised Code;	11174

(b) Beginning January 1, 2001, one hundred three thousand	11175
five hundred dollars, reduced by an amount equal to the annual	11176
compensation paid to that judge from the county treasury pursuant	11177
to section 141.05 of the Revised Code;	11178

(c) After 2001, the aggregate annual salary amount determined	11179
under division (E)(2) of this section reduced by an amount equal	11180
to the annual compensation paid to that judge from the county	11181
treasury pursuant to section 141.05 of the Revised Code.	11182

(5) For the full-time judges of a municipal court or the	11183
part-time judges of a municipal court of a territory having a	11184
population of more than fifty thousand, the following amounts	11185
effective in the following years, which amounts shall be in	11186
addition to all amounts received pursuant to divisions (B)(1)(a)	11187
and (2) of section 1901.11 of the Revised Code from municipal	11188
corporations and counties:	11189

(a) Beginning January 1, 2000, thirty-two thousand six	11190
hundred fifty dollars;	11191

(b) Beginning January 1, 2001, thirty-five thousand five	11192
hundred dollars;	11193

(c) After 2001, the amount determined under division (E)(3)	11194
of this section.	11195

(6) For judges of a municipal court designated as part-time	11196
judges by section 1901.08 of the Revised Code, other than	11197
part-time judges to whom division (A)(5) of this section applies,	11198
and for judges of a county court, the following amounts effective	11199
in the following years, which amounts shall be in addition to any	11200
amounts received pursuant to division (A) of section 1901.11 of	11201
the Revised Code from municipal corporations and counties or	11202
pursuant to division (A) of section 1907.16 of the Revised Code	11203
from counties:	11204

(a) Beginning January 1, 2000, eighteen thousand eight	11205
hundred dollars;	11206

(b) Beginning January 1, 2001, twenty thousand four hundred	11207
fifty dollars;	11208

(c) After 2001, the amount determined under division (E)(4)	11209
of this section.	11210

(B) Except as provided in section 1901.121 of the Revised	11211
Code, except as otherwise provided in this division, and except	11212
for the compensation to which the judges described in division	11213
(A)(5) of this section are entitled pursuant to divisions	11214
(B)(1)(a) and (2) of section 1901.11 of the Revised Code, the	11215
annual salary of the chief justice of the supreme court and of	11216
each justice or judge listed in division (A) of this section shall	11217
be paid in equal monthly installments from the state treasury. If	11218
the chief justice of the supreme court or any justice or judge	11219
listed in division (A)(2), (3), or (4) of this section delivers a	11220
written request to be paid biweekly to the administrative director	11221
of the supreme court prior to the first day of January of any	11222
year, the annual salary of the chief justice or the justice or	11223
judge that is listed in division (A)(2), (3), or (4) of this	11224
section shall be paid, during the year immediately following the	11225
year in which the request is delivered to the administrative	11226
director of the supreme court, biweekly from the state treasury.	11227

(C) Upon the death of the chief justice or a justice of the	11228
supreme court during that person's term of office, an amount shall	11229
be paid in accordance with section 2113.04 of the Revised Code, or	11230
to that person's estate. The amount shall equal the amount of the	11231
salary that the chief justice or justice would have received	11232
during the remainder of the unexpired term or an amount equal to	11233
the salary of office for two years, whichever is less.	11234

(D) Neither the chief justice of the supreme court nor any	11235
justice or judge of the supreme court, the court of appeals, the	11236
court of common pleas, or the probate court shall hold any other	11237
office of trust or profit under the authority of this state or the	11238
United States.	11239

(E)(1) Each ~~calendar~~ year from 2002 through 2008, the annual	11240
salaries of the chief justice of the supreme court and of the	11241
justices and judges named in divisions (A)(2) and (3) of this	11242
section shall be increased by an amount equal to the adjustment	11243
percentage for that year multiplied by the compensation paid the	11244
preceding year pursuant to division (A)(1), (2), or (3) of this	11245
section.	11246

(2) Each ~~calendar~~ year from 2002 through 2008, the aggregate	11247
annual salary payable under division (A)(4) of this section to the	11248
judges named in that division shall be increased by an amount	11249
equal to the adjustment percentage for that year multiplied by the	11250
aggregate compensation paid the preceding year pursuant to	11251
division (A)(4) of this section and section 141.05 of the Revised	11252
Code.	11253

(3) Each ~~calendar~~ year from 2002 through 2008, the salary	11254
payable from the state treasury under division (A)(5) of this	11255
section to the judges named in that division shall be increased by	11256
an amount equal to the adjustment percentage for that year	11257
multiplied by the aggregate compensation paid the preceding year	11258
pursuant to division (A)(5) of this section and division (B)(1)(a)	11259
of section 1901.11 of the Revised Code.	11260

(4) Each ~~calendar~~ year from 2002 through 2008, the salary	11261
payable from the state treasury under division (A)(6) of this	11262
section to the judges named in that division shall be increased by	11263
an amount equal to the adjustment percentage for that year	11264
multiplied by the aggregate compensation paid the preceding year	11265
pursuant to division (A)(6) of this section and division (A) of	11266
section 1901.11 of the Revised Code from municipal corporations	11267
and counties or division (A) of section 1907.16 of the Revised	11268
Code from counties.	11269

(F) In addition to the salaries payable pursuant to this	11270
section, the chief justice of the supreme court and the justices	11271
of the supreme court shall be entitled to a vehicle allowance of	11272
five hundred dollars per month, payable from the state treasury.	11273
The allowance shall be increased on the first day of January of	11274
each odd numbered year by an amount equal to the percentage	11275
increase, if any, in the consumer price index for the immediately	11276
preceding twenty-four month period for which information is	11277
available.	11278

(G) As used in this section:

11279

(1) The "adjustment percentage" for a year is the lesser of	11280
the following:	11281

(a) Three per cent;

11282

(b) The percentage increase, if any, in the consumer price	11283
index over the twelve-month period that ends on the thirtieth day	11284
of September of the immediately preceding year, rounded to the	11285
nearest one-tenth of one per cent.	11286

(2) "Consumer price index" has the same meaning as in section	11287
101.27 of the Revised Code.	11288

(3) "Salary" does not include any portion of the cost,	11289
premium, or charge for health, medical, hospital, dental, or	11290
surgical benefits, or any combination of those benefits, covering	11291
the chief justice of the supreme court or a justice or judge named	11292
in this section and paid on the chief justice's or the justice's	11293
or judge's behalf by a governmental entity.	11294

Sec. 145.012. (A) "Public employee," as defined in division	11295
(A) of section 145.01 of the Revised Code, does not include any	11296
person:	11297

(1) Who is employed by a private, temporary-help service and	11298
performs services under the direction of a public employer or is	11299
employed on a contractual basis as an independent contractor under	11300
a personal service contract with a public employer;	11301

(2) Who is an emergency employee serving on a temporary basis	11302
in case of fire, snow, earthquake, flood, or other similar	11303
emergency;	11304

(3) Who is employed in a program established pursuant to the	11305
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	11306
1501;	11307

(4) Who is an appointed member of either the motor vehicle	11308
salvage dealers board or the motor vehicle dealer's board whose	11309
rate and method of payment are determined pursuant to division (J)	11310
of section 124.15 of the Revised Code;	11311

(5) Who is employed as an election worker and paid less than	11312
five hundred dollars per calendar year for that service;	11313

(6) Who is employed as a firefighter in a position requiring	11314
satisfactory completion of a firefighter training course approved	11315
under former section 3303.07 or section 4765.55 of the Revised	11316
Code or conducted under section 3737.33 of the Revised Code except	11317
for the following:	11318

(a) Any firefighter who has elected under section 145.013 of	11319
the Revised Code to remain a contributing member of the public	11320
employees retirement system;	11321

(b) Any firefighter who was eligible to transfer from the	11322
public employees retirement system to the Ohio police and fire	11323
pension fund under section 742.51 or 742.515 of the Revised Code	11324
and did not elect to transfer;	11325

(c) Any firefighter who has elected under section 742.516 of	11326
the Revised Code to transfer from the Ohio police and fire pension	11327
fund to the public employees retirement system.	11328

(7) Who is a member of the board of health of a city or	11329
general health district, which pursuant to sections 3709.051 and	11330
3709.07 of the Revised Code includes a combined health district,	11331
and whose compensation for attendance at meetings of the board is	11332
set forth in division (B) of section 3709.02 or division (B) of	11333
section 3709.05 of the Revised Code, as appropriate;	11334

(8) Who participates in an alternative retirement plan	11335
established under Chapter 3305. of the Revised Code;	11336

(9) Who is a member of the board of directors of a sanitary	11337
district established under Chapter 6115. of the Revised Code;	11338

(10) Who is a member of the unemployment compensation	11339
advisory council.	11340

(B) No inmate of a correctional institution operated by the	11341
department of rehabilitation and correction, no patient in a	11342
hospital for the mentally ill or criminally insane operated by the	11343
department of mental health, no resident in an institution for the	11344
mentally retarded operated by the department of mental retardation	11345
and developmental disabilities, no resident admitted as a patient	11346
of a veterans' home operated under Chapter 5907. of the Revised	11347
Code, and no resident of a county home shall be considered as a	11348
public employee for the purpose of establishing membership or	11349
calculating service credit or benefits under this chapter.	11350
Nothing in this division shall be construed to affect any service	11351
credit attained by any person who was a public employee before	11352
becoming an inmate, patient, or resident at any institution listed	11353
in this division, or the payment of any benefit for which such a	11354
person or such a person's beneficiaries otherwise would be	11355
eligible.	11356

Sec. 145.298. (A) As used in this section:

11357

(1) "State employing unit" means an employing unit described	11358
in division (A)(2) of section 145.297 of the Revised Code.	11359

(2) "State institution" means a state correctional facility,	11360
a state institution for the mentally ill, or a state institution	11361
for the care, treatment, and training of the mentally retarded.	11362

(B) In(1) Prior to July 1, 2009, in the event of a proposal	11363
to close a state institution or lay off, within a six-month	11364
period, a number of persons employed at an institution that equals	11365
or exceeds the lesser of fifty or ten per cent of the persons	11366
employed at the institution, the employing unit responsible for	11367
the institution's operation shall establish a retirement incentive	11368
plan for persons employed at the institution.	11369

(2) On and after July 1, 2009, in the event of a proposal to	11370
close a state institution or lay off, within a six-month period, a	11371
number of persons employed at an institution that equals or	11372
exceeds the lesser of two hundred or thirty per cent of the	11373
persons employed at the institution, the employing unit	11374
responsible for the institution's operation shall establish a	11375
retirement incentive plan for persons employed at the institution.	11376

(C) In(1) Prior to July 1, 2009, in the event of a proposal,	11377
other than ~~a proposal~~the proposals described in division (B) of	11378
this section, to lay off, within a six-month period, a number of	11379
employees of a state employing unit that equals or exceeds the	11380
lesser of fifty or ten per cent of the employing unit's employees,	11381
the employing unit shall establish a retirement incentive plan for	11382
employees of the employing unit.	11383

(2) On and after July 1, 2009, in the event of a proposal,	11384
other than the proposals described in division (B) of this	11385
section, to lay off, within a six-month period, a number of	11386
employees of a state employing unit that equals or exceeds the	11387
lesser of two hundred or thirty per cent of the employing unit's	11388
employees, the employing unit shall establish a retirement	11389
incentive plan for employees of the employing unit.	11390

(D)(1) A retirement incentive plan established under this	11391
section shall be consistent with the requirements of section	11392
145.297 of the Revised Code, except as provided in division (D)(2)	11393
of this section and except that the plan shall go into effect at	11394
the time the layoffs or proposed closings are announced and shall	11395
remain in effect until the date of the layoffs or closings.	11396

(2) A retirement incentive plan established under this	11397
section due to the proposed closing of a state institution by the	11398
department of mental health prior to July 1, 1997, shall be	11399
consistent with the requirements of section 145.297 of the Revised	11400
Code, except as follows:	11401

(a) The employing unit shall purchase at least three years of	11402
service credit for each participating employee, except that it	11403
shall not purchase more service credit than the amount allowed by	11404
division (D) of section 145.297 of the Revised Code;	11405

(b) The plan shall go into effect at the time the proposed	11406
closing is announced and shall remain in effect at least until the	11407
date of the closing.	11408

(3) If the employing unit already has a retirement incentive	11409
plan in effect, the plan shall remain in effect at least until the	11410
date of the layoffs or closings. The employing unit may revise the	11411
existing plan to provide greater benefits, but if it revises the	11412
plan, it shall give written notice of the changes to all employees	11413
who have elected to participate in the original plan, and it shall	11414
provide the greater benefits to all employees who participate in	11415
the plan, whether their elections to participate were made before	11416
or after the date of the revision.	11417

Sec. 148.02. The Ohio public employees deferred compensation	11418
board shall be comprised of a member of the house of	11419
representatives and a member of the senate, who shall not be of	11420
the same political party, each to be appointed to serve at the	11421
pleasure of the member's respective leadership, and the members of	11422
the public employees retirement board as constituted by section	11423
145.04 of the Revised Code, who are hereby created as a separate	11424
legal entity for the purpose of administering a deferred	11425
compensation system for all eligible employees. The public	11426
employees retirement board may utilize its employees and property	11427
in the administration of the system on behalf of the Ohio public	11428
employees deferred compensation board, in consideration of a	11429
reasonable service charge to be applied in a nondiscriminatory	11430
manner to all amounts of compensation deferred under this system.	11431

The Ohio public employees deferred compensation board may	11432
exercise the same powers granted by section 145.09 of the Revised	11433
Code necessary to its functions. The attorney general shall be the	11434
legal adviser of the board. The treasurer of state shall be the	11435
custodian of contributions into the deferred compensation program.	11436

Sec. 148.04. (A) The Ohio public employees deferred	11437
compensation board shall initiate, plan, expedite, and, subject to	11438
an appropriate assurance of the approval of the internal revenue	11439
service, promulgate and offer to all eligible employees, and	11440
thereafter administer on behalf of all participating employees and	11441
continuing members, and alter as required, a program for deferral	11442
of compensation, including a reasonable number of options to the	11443
employee for the investment of deferred funds, ~~including life~~	11444
~~insurance, annuities, variable annuities, pooled investment funds~~	11445
~~managed by the board, or other forms of investment approved by the~~	11446
~~board,~~ always in such form as will assure the desired tax	11447
treatment of such funds. The members of the board are the trustees	11448
of any deferred funds and shall discharge their duties with	11449
respect to the funds solely in the interest of and for the	11450
exclusive benefit of participating employees, continuing members,	11451
and their beneficiaries. With respect to such deferred funds,	11452
section 148.09 of the Revised Code shall apply to claims against	11453
participating employees or continuing members and their employers.	11454

(B)(1) Whenever an individual becomes employed in a position	11455
paid by warrant of the director of budget and management, the	11456
individual's employer shall do both of the following at the time	11457
the employee completes the employee's initial employment	11458
paperwork:	11459

(a) Provide information to the employee either verbally or in	11460
writing regarding the benefits of long-term savings through	11461
deferred compensation;	11462

(b) Secure, in writing, the employee's election to	11463
participate or not participate in a deferred compensation program	11464
offered by the board.	11465

If the employee elects to participate in the deferred	11466
compensation program, the employee also shall execute a	11467
participation agreement to become a member of the program.	11468

An election regarding participation under this section shall	11469
be made in such manner and form as is prescribed by the Ohio	11470
public employees deferred compensation program and shall be filed	11471
with the program.	11472

The employer shall forward each election completed under this	11473
division to the deferred compensation program not later than	11474
thirty days after the date on which the employee's employment	11475
begins.	11476

(2) Every employer of an eligible employee shall contract	11477
with the employee upon the employee's application for	11478
participation in a deferred compensation program offered by the	11479
board. ~~Every retirement system serving an eligible employee shall~~	11480
~~serve as collection agent for compensation deferred by any of its~~	11481
~~members and account for and deliver such sums to the board.~~	11482

(C) The board shall, subject to any applicable contract	11483
provisions, undertake to obtain as favorable conditions of tax	11484
treatment as possible, both in the initial programs and any	11485
permitted alterations of them or additions to them, as to such	11486
matters as terms of distribution, designation of beneficiaries,	11487
withdrawal upon disability, financial hardship, or termination of	11488
public employment, and other optional provisions.	11489

(D) In no event shall the total of the amount of deferred	11490
compensation to be set aside under a deferred compensation program	11491
and the employee's nondeferred income for any year exceed the	11492
total annual salary or compensation under the existing salary	11493
schedule or classification plan applicable to the employee in that	11494
year.	11495

Such a deferred compensation program shall be in addition to	11496
any retirement or any other benefit program provided by law for	11497
employees of this state. The board shall adopt rules pursuant to	11498
Chapter 119. of the Revised Code to provide any necessary	11499
standards or conditions for the administration of its programs,	11500
including any limits on the portion of a participating employee's	11501
compensation that may be deferred in order to avoid adverse	11502
treatment of the program by the internal revenue service or the	11503
occurrence of deferral, withholding, or other deductions in excess	11504
of the compensation available for any pay period.	11505

Any income deferred under such a plan shall continue to be	11506
included as regular compensation for the purpose of computing the	11507
contributions to and benefits from the retirement system of such	11508
employee. Any sum so deferred shall not be included in the	11509
computation of any federal and state income taxes withheld on	11510
behalf of any such employee.	11511

(E) This section does not limit the authority of any	11512
municipal corporation, county, township, park district,	11513
conservancy district, sanitary district, health district, public	11514
library, county law library, public institution of higher	11515
education, or school district to provide separate authorized plans	11516
or programs for deferring compensation of their officers and	11517
employees in addition to the program for the deferral of	11518
compensation offered by the board. Any municipal corporation,	11519
township, public institution of higher education, or school	11520
district that offers such plans or programs shall include a	11521
reasonable number of options to its officers or employees for the	11522
investment of the deferred funds, including annuities, variable	11523
annuities, regulated investment trusts, or other forms of	11524
investment approved by the municipal corporation, township, public	11525
institution of higher education, or school district, that will	11526
assure the desired tax treatment of the funds.	11527

Sec. 148.05. (A)(1) As used in this division, "personal	11528
history record" means information maintained by the Ohio public	11529
employees deferred compensation board on an individual who is a	11530
participating employee or continuing member that includes the	11531
address, telephone number, social security number, record of	11532
contributions, records of benefits, correspondence with the Ohio	11533
public employees deferred compensation program, or other	11534
information the board determines to be confidential.	11535

(2) The records of the board shall be open to public	11536
inspection, except that the following shall be excluded, except	11537
with the written authorization of the individual concerned:	11538

(a) Information pertaining to an individual's participant	11539
account;	11540

(b) The individual's personal history record.

11541

(B)(1) All medical reports, records, and recommendations of a	11542
participating employee or a continuing member that are in the	11543
possession of the board are privileged.	11544

(2) All tax information of a participating employee,	11545
continuing member, or former participant or member that is in the	11546
possession of the board shall be confidential to the extent the	11547
information is confidential under Title LVII or any other	11548
provision of the Revised Code.	11549

(C) Notwithstanding the exceptions to public inspection in	11550
division (A)(2) of this section, the board may furnish the	11551
following information:	11552

(1) If a participating employee, continuing member, or former	11553
participant or member is subject to an order issued under section	11554
2907.15 of the Revised Code or is convicted of or pleads guilty	11555
to a violation of section 2921.41 of the Revised Code, on written	11556
request of a prosecutor as defined in section 2935.01 of the	11557
Revised Code, the board shall furnish to the prosecutor the	11558
information requested from the individual's personal history	11559
record or participant account.	11560

(2) Pursuant to a court or administrative order issued	11561
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	11562
Code, the board shall furnish to a court or child support	11563
enforcement agency the information required under that section.	11564

(3) Pursuant to an administrative subpoena issued by a state	11565
agency, the board shall furnish the information required by the	11566
subpoena.	11567

(4) The board shall comply with orders issued under section	11568
3105.87 of the Revised Code.	11569

(D) A statement that contains information obtained from the	11570
program's records that is signed by the executive director or the	11571
director's designee and to which the board's official seal is	11572
affixed, or copies of the program's records to which the	11573
signature and seal are attached, shall be received as true copies	11574
of the board's records in any court or before any officer of this	11575
state.	11576

Sec. 149.308. There is hereby created in the state treasury	11577
the Ohio historical society income tax contribution fund, which	11578
shall consist of money contributed to it under section 5747.113 of	11579
the Revised Code and of contributions made directly to it. Any	11580
person may contribute directly to the fund in addition to or	11581
independently of the income tax refund contribution system	11582
established in section 5747.113 of the Revised Code.	11583

The Ohio historical society shall use money credited to the	11584
fund in furtherance of the public functions with which the society	11585
is charged under section 149.30 of the Revised Code.	11586

Sec. 149.43. (A) As used in this section:

11587

(1) "Public record" means records kept by any public office,	11588
including, but not limited to, state, county, city, village,	11589
township, and school district units, and records pertaining to the	11590
delivery of educational services by an alternative school in this	11591
state kept by the nonprofit or for-profit entity operating the	11592
alternative school pursuant to section 3313.533 of the Revised	11593
Code. "Public record" does not mean any of the following:	11594

(a) Medical records;

11595

(b) Records pertaining to probation and parole proceedings or	11596
to proceedings related to the imposition of community control	11597
sanctions and post-release control sanctions;	11598

(c) Records pertaining to actions under section 2151.85 and	11599
division (C) of section 2919.121 of the Revised Code and to	11600
appeals of actions arising under those sections;	11601

(d) Records pertaining to adoption proceedings, including the	11602
contents of an adoption file maintained by the department of	11603
health under section 3705.12 of the Revised Code;	11604

(e) Information in a record contained in the putative father	11605
registry established by section 3107.062 of the Revised Code,	11606
regardless of whether the information is held by the department of	11607
job and family services or, pursuant to section 3111.69 of the	11608
Revised Code, the office of child support in the department or a	11609
child support enforcement agency;	11610

(f) Records listed in division (A) of section 3107.42 of the	11611
Revised Code or specified in division (A) of section 3107.52 of	11612
the Revised Code;	11613

(g) Trial preparation records;

11614

(h) Confidential law enforcement investigatory records;

11615

(i) Records containing information that is confidential under	11616
section 2710.03 or 4112.05 of the Revised Code;	11617

(j) DNA records stored in the DNA database pursuant to	11618
section 109.573 of the Revised Code;	11619

(k) Inmate records released by the department of	11620
rehabilitation and correction to the department of youth services	11621
or a court of record pursuant to division (E) of section 5120.21	11622
of the Revised Code;	11623

(l) Records maintained by the department of youth services	11624
pertaining to children in its custody released by the department	11625
of youth services to the department of rehabilitation and	11626
correction pursuant to section 5139.05 of the Revised Code;	11627

(m) Intellectual property records;

11628

(n) Donor profile records;

11629

(o) Records maintained by the department of job and family	11630
services pursuant to section 3121.894 of the Revised Code;	11631

(p) Peace officer, parole officer, prosecuting attorney,	11632
assistant prosecuting attorney, correctional employee, youth	11633
services employee, firefighter, or EMT residential and familial	11634
information;	11635

(q) In the case of a county hospital operated pursuant to	11636
Chapter 339. of the Revised Code or a municipal hospital operated	11637
pursuant to Chapter 749. of the Revised Code, information that	11638
constitutes a trade secret, as defined in section 1333.61 of the	11639
Revised Code;	11640

(r) Information pertaining to the recreational activities of	11641
a person under the age of eighteen;	11642

(s) Records provided to, statements made by review board	11643
members during meetings of, and all work products of a child	11644
fatality review board acting under sections 307.621 to 307.629 of	11645
the Revised Code, and child fatality review data submitted by the	11646
child fatality review board to the department of health or a	11647
national child death review database, other than the report	11648
prepared pursuant to division (A) of section 307.626 of the	11649
Revised Code;	11650

(t) Records provided to and statements made by the executive	11651
director of a public children services agency or a prosecuting	11652
attorney acting pursuant to section 5153.171 of the Revised Code	11653
other than the information released under that section;	11654

(u) Test materials, examinations, or evaluation tools used in	11655
an examination for licensure as a nursing home administrator that	11656
the board of examiners of nursing home administrators administers	11657
under section 4751.04 of the Revised Code or contracts under that	11658
section with a private or government entity to administer;	11659

(v) Records the release of which is prohibited by state or	11660
federal law;	11661

(w) Proprietary information of or relating to any person that	11662
is submitted to or compiled by the Ohio venture capital authority	11663
created under section 150.01 of the Revised Code;	11664

(x) Information reported and evaluations conducted pursuant	11665
to section 3701.072 of the Revised Code;	11666

(y) Financial statements and data any person submits for any	11667
purpose to the Ohio housing finance agency or the controlling	11668
board in connection with applying for, receiving, or accounting	11669
for financial assistance from the agency, and information that	11670
identifies any individual who benefits directly or indirectly from	11671
financial assistance from the agency;	11672

(z) Records listed in section 5101.29 of the Revised Code.

11673

(aa) Discharges recorded with a county recorder under section	11674
317.24 of the Revised Code, as specified in division (B)(2) of	11675
that section.	11676

(2) "Confidential law enforcement investigatory record" means	11677
any record that pertains to a law enforcement matter of a	11678
criminal, quasi-criminal, civil, or administrative nature, but	11679
only to the extent that the release of the record would create a	11680
high probability of disclosure of any of the following:	11681

(a) The identity of a suspect who has not been charged with	11682
the offense to which the record pertains, or of an information	11683
source or witness to whom confidentiality has been reasonably	11684
promised;	11685

(b) Information provided by an information source or witness	11686
to whom confidentiality has been reasonably promised, which	11687
information would reasonably tend to disclose the source's or	11688
witness's identity;	11689

(c) Specific confidential investigatory techniques or	11690
procedures or specific investigatory work product;	11691

(d) Information that would endanger the life or physical	11692
safety of law enforcement personnel, a crime victim, a witness, or	11693
a confidential information source.	11694

(3) "Medical record" means any document or combination of	11695
documents, except births, deaths, and the fact of admission to or	11696
discharge from a hospital, that pertains to the medical history,	11697
diagnosis, prognosis, or medical condition of a patient and that	11698
is generated and maintained in the process of medical treatment.	11699

(4) "Trial preparation record" means any record that contains	11700
information that is specifically compiled in reasonable	11701
anticipation of, or in defense of, a civil or criminal action or	11702
proceeding, including the independent thought processes and	11703
personal trial preparation of an attorney.	11704

(5) "Intellectual property record" means a record, other than	11705
a financial or administrative record, that is produced or	11706
collected by or for faculty or staff of a state institution of	11707
higher learning in the conduct of or as a result of study or	11708
research on an educational, commercial, scientific, artistic,	11709
technical, or scholarly issue, regardless of whether the study or	11710
research was sponsored by the institution alone or in conjunction	11711
with a governmental body or private concern, and that has not been	11712
publicly released, published, or patented.	11713

(6) "Donor profile record" means all records about donors or	11714
potential donors to a public institution of higher education	11715
except the names and reported addresses of the actual donors and	11716
the date, amount, and conditions of the actual donation.	11717

(7) "Peace officer, parole officer, prosecuting attorney,	11718
assistant prosecuting attorney, correctional employee, youth	11719
services employee, firefighter, or EMT residential and familial	11720
information" means any information that discloses any of the	11721
following about a peace officer, parole officer, prosecuting	11722
attorney, assistant prosecuting attorney, correctional employee,	11723
youth services employee, firefighter, or EMT:	11724

(a) The address of the actual personal residence of a peace	11725
officer, parole officer, assistant prosecuting attorney,	11726
correctional employee, youth services employee, firefighter, or	11727
EMT, except for the state or political subdivision in which the	11728
peace officer, parole officer, assistant prosecuting attorney,	11729
correctional employee, youth services employee, firefighter, or	11730
EMT resides;	11731

(b) Information compiled from referral to or participation in	11732
an employee assistance program;	11733

(c) The social security number, the residential telephone	11734
number, any bank account, debit card, charge card, or credit card	11735
number, or the emergency telephone number of, or any medical	11736
information pertaining to, a peace officer, parole officer,	11737
prosecuting attorney, assistant prosecuting attorney, correctional	11738
employee, youth services employee, firefighter, or EMT;	11739

(d) The name of any beneficiary of employment benefits,	11740
including, but not limited to, life insurance benefits, provided	11741
to a peace officer, parole officer, prosecuting attorney,	11742
assistant prosecuting attorney, correctional employee, youth	11743
services employee, firefighter, or EMT by the peace officer's,	11744
parole officer's, prosecuting attorney's, assistant prosecuting	11745
attorney's, correctional employee's, youth services employee's,	11746
firefighter's, or EMT's employer;	11747

(e) The identity and amount of any charitable or employment	11748
benefit deduction made by the peace officer's, parole officer's,	11749
prosecuting attorney's, assistant prosecuting attorney's,	11750
correctional employee's, youth services employee's, firefighter's,	11751
or EMT's employer from the peace officer's, parole officer's,	11752
prosecuting attorney's, assistant prosecuting attorney's,	11753
correctional employee's, youth services employee's, firefighter's,	11754
or EMT's compensation unless the amount of the deduction is	11755
required by state or federal law;	11756

(f) The name, the residential address, the name of the	11757
employer, the address of the employer, the social security number,	11758
the residential telephone number, any bank account, debit card,	11759
charge card, or credit card number, or the emergency telephone	11760
number of the spouse, a former spouse, or any child of a peace	11761
officer, parole officer, prosecuting attorney, assistant	11762
prosecuting attorney, correctional employee, youth services	11763
employee, firefighter, or EMT;	11764

(g) A photograph of a peace officer who holds a position or	11765
has an assignment that may include undercover or plain clothes	11766
positions or assignments as determined by the peace officer's	11767
appointing authority.	11768

As used in divisions (A)(7) and (B)(9) of this section,	11769
"peace officer" has the same meaning as in section 109.71 of the	11770
Revised Code and also includes the superintendent and troopers of	11771
the state highway patrol; it does not include the sheriff of a	11772
county or a supervisory employee who, in the absence of the	11773
sheriff, is authorized to stand in for, exercise the authority of,	11774
and perform the duties of the sheriff.	11775

As used in divisions (A)(7) and (B)(5) of this section,	11776
"correctional employee" means any employee of the department of	11777
rehabilitation and correction who in the course of performing the	11778
employee's job duties has or has had contact with inmates and	11779
persons under supervision.	11780

As used in divisions (A)(7) and (B)(5) of this section,	11781
"youth services employee" means any employee of the department of	11782
youth services who in the course of performing the employee's job	11783
duties has or has had contact with children committed to the	11784
custody of the department of youth services.	11785

As used in divisions (A)(7) and (B)(9) of this section,	11786
"firefighter" means any regular, paid or volunteer, member of a	11787
lawfully constituted fire department of a municipal corporation,	11788
township, fire district, or village.	11789

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	11790
means EMTs-basic, EMTs-I, and paramedics that provide emergency	11791
medical services for a public emergency medical service	11792
organization. "Emergency medical service organization,"	11793
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	11794
section 4765.01 of the Revised Code.	11795

(8) "Information pertaining to the recreational activities of	11796
a person under the age of eighteen" means information that is kept	11797
in the ordinary course of business by a public office, that	11798
pertains to the recreational activities of a person under the age	11799
of eighteen years, and that discloses any of the following:	11800

(a) The address or telephone number of a person under the age	11801
of eighteen or the address or telephone number of that person's	11802
parent, guardian, custodian, or emergency contact person;	11803

(b) The social security number, birth date, or photographic	11804
image of a person under the age of eighteen;	11805

(c) Any medical record, history, or information pertaining to	11806
a person under the age of eighteen;	11807

(d) Any additional information sought or required about a	11808
person under the age of eighteen for the purpose of allowing that	11809
person to participate in any recreational activity conducted or	11810
sponsored by a public office or to use or obtain admission	11811
privileges to any recreational facility owned or operated by a	11812
public office.	11813

(9) "Community control sanction" has the same meaning as in	11814
section 2929.01 of the Revised Code.	11815

(10) "Post-release control sanction" has the same meaning as	11816
in section 2967.01 of the Revised Code.	11817

(11) "Redaction" means obscuring or deleting any information	11818
that is exempt from the duty to permit public inspection or	11819
copying from an item that otherwise meets the definition of a	11820
"record" in section 149.011 of the Revised Code.	11821

(12) "Designee" and "elected official" have the same meanings	11822
as in section 109.43 of the Revised Code.	11823

(B)(1) Upon request and subject to division (B)(8) of this	11824
section, all public records responsive to the request shall be	11825
promptly prepared and made available for inspection to any person	11826
at all reasonable times during regular business hours. Subject to	11827
division (B)(8) of this section, upon request, a public office or	11828
person responsible for public records shall make copies of the	11829
requested public record available at cost and within a reasonable	11830
period of time. If a public record contains information that is	11831
exempt from the duty to permit public inspection or to copy the	11832
public record, the public office or the person responsible for the	11833
public record shall make available all of the information within	11834
the public record that is not exempt. When making that public	11835
record available for public inspection or copying that public	11836
record, the public office or the person responsible for the public	11837
record shall notify the requester of any redaction or make the	11838
redaction plainly visible. A redaction shall be deemed a denial of	11839
a request to inspect or copy the redacted information, except if	11840
federal or state law authorizes or requires a public office to	11841
make the redaction.	11842

(2) To facilitate broader access to public records, a public	11843
office or the person responsible for public records shall organize	11844
and maintain public records in a manner that they can be made	11845
available for inspection or copying in accordance with division	11846
(B) of this section. A public office also shall have available a	11847
copy of its current records retention schedule at a location	11848
readily available to the public. If a requester makes an ambiguous	11849
or overly broad request or has difficulty in making a request for	11850
copies or inspection of public records under this section such	11851
that the public office or the person responsible for the requested	11852
public record cannot reasonably identify what public records are	11853
being requested, the public office or the person responsible for	11854
the requested public record may deny the request but shall provide	11855
the requester with an opportunity to revise the request by	11856
informing the requester of the manner in which records are	11857
maintained by the public office and accessed in the ordinary	11858
course of the public office's or person's duties.	11859

(3) If a request is ultimately denied, in part or in whole,	11860
the public office or the person responsible for the requested	11861
public record shall provide the requester with an explanation,	11862
including legal authority, setting forth why the request was	11863
denied. If the initial request was provided in writing, the	11864
explanation also shall be provided to the requester in writing.	11865
The explanation shall not preclude the public office or the person	11866
responsible for the requested public record from relying upon	11867
additional reasons or legal authority in defending an action	11868
commenced under division (C) of this section.	11869

(4) Unless specifically required or authorized by state or	11870
federal law or in accordance with division (B) of this section, no	11871
public office or person responsible for public records may limit	11872
or condition the availability of public records by requiring	11873
disclosure of the requester's identity or the intended use of the	11874
requested public record. Any requirement that the requester	11875
disclose the requestor's identity or the intended use of the	11876
requested public record constitutes a denial of the request.	11877

(5) A public office or person responsible for public records	11878
may ask a requester to make the request in writing, may ask for	11879
the requester's identity, and may inquire about the intended use	11880
of the information requested, but may do so only after disclosing	11881
to the requester that a written request is not mandatory and that	11882
the requester may decline to reveal the requester's identity or	11883
the intended use and when a written request or disclosure of the	11884
identity or intended use would benefit the requester by enhancing	11885
the ability of the public office or person responsible for public	11886
records to identify, locate, or deliver the public records sought	11887
by the requester.	11888

(6) If any person chooses to obtain a copy of a public record	11889
in accordance with division (B) of this section, the public office	11890
or person responsible for the public record may require that	11891
person to pay in advance the cost involved in providing the copy	11892
of the public record in accordance with the choice made by the	11893
person seeking the copy under this division. The public office or	11894
the person responsible for the public record shall permit that	11895
person to choose to have the public record duplicated upon paper,	11896
upon the same medium upon which the public office or person	11897
responsible for the public record keeps it, or upon any other	11898
medium upon which the public office or person responsible for the	11899
public record determines that it reasonably can be duplicated as	11900
an integral part of the normal operations of the public office or	11901
person responsible for the public record. When the person seeking	11902
the copy makes a choice under this division, the public office or	11903
person responsible for the public record shall provide a copy of	11904
it in accordance with the choice made by the person seeking the	11905
copy. Nothing in this section requires a public office or person	11906
responsible for the public record to allow the person seeking a	11907
copy of the public record to make the copies of the public record.	11908

(7) Upon a request made in accordance with division (B) of	11909
this section and subject to division (B)(6) of this section, a	11910
public office or person responsible for public records shall	11911
transmit a copy of a public record to any person by United States	11912
mail or by any other means of delivery or transmission within a	11913
reasonable period of time after receiving the request for the	11914
copy. The public office or person responsible for the public	11915
record may require the person making the request to pay in advance	11916
the cost of postage if the copy is transmitted by United States	11917
mail or the cost of delivery if the copy is transmitted other than	11918
by United States mail, and to pay in advance the costs incurred	11919
for other supplies used in the mailing, delivery, or transmission.	11920

Any public office may adopt a policy and procedures that it	11921
will follow in transmitting, within a reasonable period of time	11922
after receiving a request, copies of public records by United	11923
States mail or by any other means of delivery or transmission	11924
pursuant to this division. A public office that adopts a policy	11925
and procedures under this division shall comply with them in	11926
performing its duties under this division.	11927

In any policy and procedures adopted under this division, a	11928
public office may limit the number of records requested by a	11929
person that the office will transmit by United States mail to ten	11930
per month, unless the person certifies to the office in writing	11931
that the person does not intend to use or forward the requested	11932
records, or the information contained in them, for commercial	11933
purposes. For purposes of this division, "commercial" shall be	11934
narrowly construed and does not include reporting or gathering	11935
news, reporting or gathering information to assist citizen	11936
oversight or understanding of the operation or activities of	11937
government, or nonprofit educational research.	11938

(8) A public office or person responsible for public records	11939
is not required to permit a person who is incarcerated pursuant to	11940
a criminal conviction or a juvenile adjudication to inspect or to	11941
obtain a copy of any public record concerning a criminal	11942
investigation or prosecution or concerning what would be a	11943
criminal investigation or prosecution if the subject of the	11944
investigation or prosecution were an adult, unless the request to	11945
inspect or to obtain a copy of the record is for the purpose of	11946
acquiring information that is subject to release as a public	11947
record under this section and the judge who imposed the sentence	11948
or made the adjudication with respect to the person, or the	11949
judge's successor in office, finds that the information sought in	11950
the public record is necessary to support what appears to be a	11951
justiciable claim of the person.	11952

(9) Upon written request made and signed by a journalist on	11953
or after December 16, 1999, a public office, or person responsible	11954
for public records, having custody of the records of the agency	11955
employing a specified peace officer, parole officer, prosecuting	11956
attorney, assistant prosecuting attorney, correctional employee,	11957
youth services employee, firefighter, or EMT shall disclose to the	11958
journalist the address of the actual personal residence of the	11959
peace officer, parole officer, prosecuting attorney, assistant	11960
prosecuting attorney, correctional employee, youth services	11961
employee, firefighter, or EMT and, if the peace officer's, parole	11962
officer's, prosecuting attorney's, assistant prosecuting	11963
attorney's, correctional employee's, youth services employee's,	11964
firefighter's, or EMT's spouse, former spouse, or child is	11965
employed by a public office, the name and address of the employer	11966
of the peace officer's, parole officer's, prosecuting attorney's,	11967
assistant prosecuting attorney's, correctional employee's, youth	11968
services employee's, firefighter's, or EMT's spouse, former	11969
spouse, or child. The request shall include the journalist's name	11970
and title and the name and address of the journalist's employer	11971
and shall state that disclosure of the information sought would be	11972
in the public interest.	11973

As used in this division, "journalist" means a person engaged	11974
in, connected with, or employed by any news medium, including a	11975
newspaper, magazine, press association, news agency, or wire	11976
service, a radio or television station, or a similar medium, for	11977
the purpose of gathering, processing, transmitting, compiling,	11978
editing, or disseminating information for the general public.	11979

(C)(1) If a person allegedly is aggrieved by the failure of a	11980
public office or the person responsible for public records to	11981
promptly prepare a public record and to make it available to the	11982
person for inspection in accordance with division (B) of this	11983
section or by any other failure of a public office or the person	11984
responsible for public records to comply with an obligation in	11985
accordance with division (B) of this section, the person allegedly	11986
aggrieved may commence a mandamus action to obtain a judgment that	11987
orders the public office or the person responsible for the public	11988
record to comply with division (B) of this section, that awards	11989
court costs and reasonable attorney's fees to the person that	11990
instituted the mandamus action, and, if applicable, that includes	11991
an order fixing statutory damages under division (C)(1) of this	11992
section. The mandamus action may be commenced in the court of	11993
common pleas of the county in which division (B) of this section	11994
allegedly was not complied with, in the supreme court pursuant to	11995
its original jurisdiction under Section 2 of Article IV, Ohio	11996
Constitution, or in the court of appeals for the appellate	11997
district in which division (B) of this section allegedly was not	11998
complied with pursuant to its original jurisdiction under Section	11999
3 of Article IV, Ohio Constitution.	12000

If a requestor transmits a written request by hand delivery	12001
or certified mail to inspect or receive copies of any public	12002
record in a manner that fairly describes the public record or	12003
class of public records to the public office or person responsible	12004
for the requested public records, except as otherwise provided in	12005
this section, the requestor shall be entitled to recover the	12006
amount of statutory damages set forth in this division if a court	12007
determines that the public office or the person responsible for	12008
public records failed to comply with an obligation in accordance	12009
with division (B) of this section.	12010

The amount of statutory damages shall be fixed at one hundred	12011
dollars for each business day during which the public office or	12012
person responsible for the requested public records failed to	12013
comply with an obligation in accordance with division (B) of this	12014
section, beginning with the day on which the requester files a	12015
mandamus action to recover statutory damages, up to a maximum of	12016
one thousand dollars. The award of statutory damages shall not be	12017
construed as a penalty, but as compensation for injury arising	12018
from lost use of the requested information. The existence of this	12019
injury shall be conclusively presumed. The award of statutory	12020
damages shall be in addition to all other remedies authorized by	12021
this section.	12022

The court may reduce an award of statutory damages or not	12023
award statutory damages if the court determines both of the	12024
following:	12025

(a) That, based on the ordinary application of statutory law	12026
and case law as it existed at the time of the conduct or	12027
threatened conduct of the public office or person responsible for	12028
the requested public records that allegedly constitutes a failure	12029
to comply with an obligation in accordance with division (B) of	12030
this section and that was the basis of the mandamus action, a	12031
well-informed public office or person responsible for the	12032
requested public records reasonably would believe that the conduct	12033
or threatened conduct of the public office or person responsible	12034
for the requested public records did not constitute a failure to	12035
comply with an obligation in accordance with division (B) of this	12036
section;	12037

(b) That a well-informed public office or person responsible	12038
for the requested public records reasonably would believe that the	12039
conduct or threatened conduct of the public office or person	12040
responsible for the requested public records would serve the	12041
public policy that underlies the authority that is asserted as	12042
permitting that conduct or threatened conduct.	12043

(2)(a) If the court issues a writ of mandamus that orders the	12044
public office or the person responsible for the public record to	12045
comply with division (B) of this section and determines that the	12046
circumstances described in division (C)(1) of this section exist,	12047
the court shall determine and award to the relator all court	12048
costs.	12049

(b) If the court renders a judgment that orders the public	12050
office or the person responsible for the public record to comply	12051
with division (B) of this section, the court may award reasonable	12052
attorney's fees subject to reduction as described in division	12053
(C)(2)(c) of this section. The court shall award reasonable	12054
attorney's fees, subject to reduction as described in division	12055
(C)(2)(c) of this section when either of the following applies:	12056

(i) The public office or the person responsible for the	12057
public records failed to respond affirmatively or negatively to	12058
the public records request in accordance with the time allowed	12059
under division (B) of this section.	12060

(ii) The public office or the person responsible for the	12061
public records promised to permit the relator to inspect or	12062
receive copies of the public records requested within a specified	12063
period of time but failed to fulfill that promise within that	12064
specified period of time.	12065

(c) Court costs and reasonable attorney's fees awarded under	12066
this section shall be construed as remedial and not punitive.	12067
Reasonable attorney's fees shall include reasonable fees incurred	12068
to produce proof of the reasonableness and amount of the fees and	12069
to otherwise litigate entitlement to the fees. The court may	12070
reduce an award of attorney's fees to the relator or not award	12071
attorney's fees to the relator if the court determines both of the	12072
following:	12073

(i) That, based on the ordinary application of statutory law	12074
and case law as it existed at the time of the conduct or	12075
threatened conduct of the public office or person responsible for	12076
the requested public records that allegedly constitutes a failure	12077
to comply with an obligation in accordance with division (B) of	12078
this section and that was the basis of the mandamus action, a	12079
well-informed public office or person responsible for the	12080
requested public records reasonably would believe that the conduct	12081
or threatened conduct of the public office or person responsible	12082
for the requested public records did not constitute a failure to	12083
comply with an obligation in accordance with division (B) of this	12084
section;	12085

(ii) That a well-informed public office or person responsible	12086
for the requested public records reasonably would believe that the	12087
conduct or threatened conduct of the public office or person	12088
responsible for the requested public records as described in	12089
division (C)(2)(c)(i) of this section would serve the public	12090
policy that underlies the authority that is asserted as permitting	12091
that conduct or threatened conduct.	12092

(D) Chapter 1347. of the Revised Code does not limit the	12093
provisions of this section.	12094

(E)(1) To ensure that all employees of public offices are	12095
appropriately educated about a public office's obligations under	12096
division (B) of this section, all elected officials or their	12097
appropriate designees shall attend training approved by the	12098
attorney general as provided in section 109.43 of the Revised	12099
Code. In addition, all public offices shall adopt a public records	12100
policy in compliance with this section for responding to public	12101
records requests. In adopting a public records policy under this	12102
division, a public office may obtain guidance from the model	12103
public records policy developed and provided to the public office	12104
by the attorney general under section 109.43 of the Revised Code.	12105
Except as otherwise provided in this section, the policy may not	12106
limit the number of public records that the public office will	12107
make available to a single person, may not limit the number of	12108
public records that it will make available during a fixed period	12109
of time, and may not establish a fixed period of time before it	12110
will respond to a request for inspection or copying of public	12111
records, unless that period is less than eight hours.	12112

(2) The public office shall distribute the public records	12113
policy adopted by the public office under division (E)(1) of this	12114
section to the employee of the public office who is the records	12115
custodian or records manager or otherwise has custody of the	12116
records of that office. The public office shall require that	12117
employee to acknowledge receipt of the copy of the public records	12118
policy. The public office shall create a poster that describes its	12119
public records policy and shall post the poster in a conspicuous	12120
place in the public office and in all locations where the public	12121
office has branch offices. The public office may post its public	12122
records policy on the internet web site of the public office if	12123
the public office maintains an internet web site. A public office	12124
that has established a manual or handbook of its general policies	12125
and procedures for all employees of the public office shall	12126
include the public records policy of the public office in the	12127
manual or handbook.	12128

(F)(1) The bureau of motor vehicles may adopt rules pursuant	12129
to Chapter 119. of the Revised Code to reasonably limit the number	12130
of bulk commercial special extraction requests made by a person	12131
for the same records or for updated records during a calendar	12132
year. The rules may include provisions for charges to be made for	12133
bulk commercial special extraction requests for the actual cost of	12134
the bureau, plus special extraction costs, plus ten per cent. The	12135
bureau may charge for expenses for redacting information, the	12136
release of which is prohibited by law.	12137

(2) As used in division (F)(1) of this section:

12138

(a) "Actual cost" means the cost of depleted supplies,	12139
records storage media costs, actual mailing and alternative	12140
delivery costs, or other transmitting costs, and any direct	12141
equipment operating and maintenance costs, including actual costs	12142
paid to private contractors for copying services.	12143

(b) "Bulk commercial special extraction request" means a	12144
request for copies of a record for information in a format other	12145
than the format already available, or information that cannot be	12146
extracted without examination of all items in a records series,	12147
class of records, or data base by a person who intends to use or	12148
forward the copies for surveys, marketing, solicitation, or resale	12149
for commercial purposes. "Bulk commercial special extraction	12150
request" does not include a request by a person who gives	12151
assurance to the bureau that the person making the request does	12152
not intend to use or forward the requested copies for surveys,	12153
marketing, solicitation, or resale for commercial purposes.	12154

(c) "Commercial" means profit-seeking production, buying, or	12155
selling of any good, service, or other product.	12156

(d) "Special extraction costs" means the cost of the time	12157
spent by the lowest paid employee competent to perform the task,	12158
the actual amount paid to outside private contractors employed by	12159
the bureau, or the actual cost incurred to create computer	12160
programs to make the special extraction. "Special extraction	12161
costs" include any charges paid to a public agency for computer or	12162
records services.	12163

(3) For purposes of divisions (F)(1) and (2) of this section,	12164
"surveys, marketing, solicitation, or resale for commercial	12165
purposes" shall be narrowly construed and does not include	12166
reporting or gathering news, reporting or gathering information to	12167
assist citizen oversight or understanding of the operation or	12168
activities of government, or nonprofit educational research.	12169

Sec. 150.01. (A) As used in this chapter:

12170

(1) "Authority" means the Ohio venture capital authority	12171
created under section 150.02 of the Revised Code.	12172

(2) "Issuer" means a port authority organized and existing	12173
under applicable provisions of Chapter 4582. of the Revised Code	12174
that, pursuant to an agreement entered into under division (E) of	12175
section 150.02 of the Revised Code, issues or issued obligations	12176
to fund one or more loans to the program fund.	12177

(3) "Lender" means any person that lends money to the program	12178
fund as provided in this chapter and includes any lender and any	12179
trustee.	12180

~~(3)~~(4) "Loss" means a loss incurred with respect to a	12181
lender's loan to the program fund. Such a loss is incurred only if	12182
and to the extent a program administrator fails to satisfy its	12183
obligations to the lender to make timely payments of principal or	12184
interest as provided in the loan agreement between the lender and	12185
the program administrator. "Loss" does not include either of the	12186
following:	12187

(a) Any loss incurred by the program fund, including a loss	12188
attributable to any investment made by a program administrator;	12189

(b) Any loss of the capital required to be provided by a	12190
program administrator, or income accruing to that capital, under	12191
the agreement entered into under division (B) of section 150.05 of	12192
the Revised Code.	12193

~~(4)~~(5) "Ohio-based business enterprise" means a person that	12194
is engaged in business, that employs at least one individual on a	12195
full-time or part-time basis at a place of business in this state,	12196
including a person engaged in business if that person is a	12197
self-employed individual, and that is in the seed or early stage	12198
of business development requiring initial or early stage funding	12199
or is an established business enterprise developing new methods or	12200
technologies.	12201

~~(5)~~(6) "Ohio-based venture capital fund" means a venture	12202
capital fund having its principal office in this state, where the	12203
majority of the fund's staff are employed and where at least one	12204
investment professional is employed who has at least five years of	12205
experience in venture capital investment.	12206

~~(6)~~(7) "Ohio co-investment fund" means an Ohio-based venture	12207
capital fund managed by the program administrator or a fund	12208
manager appointed by the program administrator that is capitalized	12209
exclusively by program fund investments in accordance with the	12210
investment policy adopted under section 150.03 of the Revised	12211
Code.	12212

(8) "Program fund" means the fund created under section	12213
150.03 of the Revised Code.	12214

(9) "Research and development purposes" has the same meaning	12215
as used in Section 2p of Article VIII, Ohio Constitution, and	12216
includes the development of sites and facilities in this state for	12217
and in support of those research and development purposes.	12218

(10) "Trustee" means a trust company or a bank with corporate	12219
trust powers, in either case having a place of business in this	12220
state and acting in its capacity as a trustee pursuant to a trust	12221
agreement under which an issuer issues obligations to fund loans	12222
to the program fund.	12223

(B) The general assembly declares that its purpose in	12224
enacting Chapter 150. of the Revised Code is to increase the	12225
amount of private investment capital available in this state for	12226
Ohio-based business enterprises in the seed or early stages of	12227
business development and requiring initial or early stage funding,	12228
as well as established Ohio-based business enterprises developing	12229
new methods or technologies, including the promotion of research	12230
and development purposes, thereby increasing employment, creating	12231
additional wealth, and otherwise benefiting the economic welfare	12232
of the people of this state. Accordingly, it is the intention of	12233
the general assembly that the program fund make its investments in	12234
support of Ohio-based business enterprises and that the Ohio	12235
venture capital authority focus its investment policy principally	12236
on venture capital funds investing in such Ohio-based business	12237
enterprises. The general assembly finds and determines that this	12238
chapter and the investment policy, and actions taken under and	12239
consistent therewith, will promote and implement the public	12240
purposes of Section 2p of Article VIII, Ohio Constitution.	12241

Sec. 150.02. (A) There is hereby created the Ohio venture	12242
capital authority, which shall exercise the powers and perform the	12243
duties prescribed by this chapter. The exercise by the authority	12244
of its powers and duties is hereby declared to be an essential	12245
state governmental function. The authority is subject to all laws	12246
generally applicable to state agencies and public officials,	12247
including, but not limited to, Chapter 119. and sections 121.22	12248
and 149.43 of the Revised Code, to the extent those laws do not	12249
conflict with this chapter.	12250

(B) The authority shall consist of ~~nine~~three voting members,	12251
one of whom shall be the director of development or the director's	12252
designee, and two of whom shall be appointed by the governor.	12253
~~Seven of the members shall be appointed by the governor, with the~~	12254
~~advice and consent of the senate, from among the general public.~~	12255
~~All appointed members shall have experience in the field of~~	12256
~~banking, investments, commercial law, or industry relevant to the~~	12257
~~purpose of the Ohio venture capital program as stated in section~~	12258
~~150.01 of the Revised Code. The director of development and tax~~	12259
~~commissioner or their designees shall be ex officio, nonvoting~~	12260
~~members.~~	12261

~~Initial gubernatorial appointees to the authority shall serve~~	12262
~~staggered terms, with one term expiring on January 31, 2004, two~~	12263
~~terms expiring on January 31, 2005, two terms expiring on January~~	12264
~~31, 2006, and two terms expiring on January 31, 2007. Thereafter,~~	12265
~~terms of office for all appointees shall be for four years, with~~	12266
~~each term ending on the same day of the same month as did the term~~	12267
~~that it succeeds. A vacancy on the authority shall be filled in~~	12268
~~the same manner as the original appointment, except that a person~~	12269
~~appointed to fill a vacancy shall be appointed to the remainder of~~	12270
~~the unexpired term. Any appointed member of the authority is~~	12271
~~eligible for reappointment.~~	12272

~~A member of the authority may be removed by the member's~~	12273
~~appointing authority for misfeasance, malfeasance, willful neglect~~	12274
~~of duty, or other cause, after notice and a public hearing, unless~~	12275
~~the notice and hearing are waived in writing by the member.~~	12276

(C) ~~Members of the authority shall serve without~~	12277
~~compensation, but shall receive their reasonable and necessary~~	12278
~~expenses incurred in the conduct of authority business.~~ The	12279
governor shall designate a member of the authority to serve as	12280
chairperson. A majority of the ~~voting~~ members of the authority	12281
constitutes a quorum, and the affirmative vote of a majority of	12282
the voting members present is necessary for any action taken by	12283
the authority. ~~A vacancy in the voting membership of the authority~~	12284
~~does not impair the right of a quorum to exercise all rights and~~	12285
~~perform all duties of the authority.~~	12286

(D) The department of development shall provide the authority	12287
with office space and such technical assistance as the authority	12288
requires.	12289

(E) The authority and an issuer may cooperate in promoting	12290
the public purposes of the Ohio venture capital program as stated	12291
in section 150.01 of the Revised Code and shall enter into such	12292
agreements as the authority and the issuer shall deem appropriate,	12293
with a view to cooperative action and safeguarding of the	12294
respective interests of the parties thereto. Any agreement shall	12295
provide for the rights, duties, and responsibilities of the	12296
parties and any limitations thereon, shall provide for the terms	12297
on which any tax credits to be issued to the issuer or a trustee	12298
pursuant to section 150.07 of the Revised Code shall be issued and	12299
claimed, and shall provide terms as may be mutually satisfactory	12300
to the parties including, but not limited to, requirements for	12301
reporting, and a plan, prepared by the program administrator and	12302
acceptable to the authority and the issuer, designed to evidence	12303
and ensure compliance with division (D) of section 150.03 of the	12304
Revised Code and Section 2p of Article VIII, Ohio Constitution.	12305

Sec. 150.021. (A) There is hereby created the Ohio venture	12306
capital advisory board that, upon request of the Ohio venture	12307
capital authority, shall provide general advice to the authority	12308
on various issues relevant to the purpose of the Ohio venture	12309
capital program as stated in section 150.01 of the Revised Code,	12310
including, but not limited to, the following:	12311

(1) Strategic planning, investment policy, and investment	12312
prohibitions for programs that may be implemented by the	12313
authority;	12314

(2) Budget and investment targets, investment processes, and	12315
other aspects of the professional management and administration of	12316
programs implemented by the authority;	12317

(3) Metrics and methods of measuring the progress and impact	12318
of programs administered by the authority; and	12319

(4) Qualifications and standards for evaluating the	12320
performance of the program administrator and other professionals	12321
and advisors that may be selected and retained to provide services	12322
in connection with programs administered by the authority.	12323

(B) The authority shall not request, and the advisory board	12324
shall not offer to the authority, advice about the selection or	12325
retention of any specific professional service provider,	12326
contractor, or other agent that has been or may be retained by the	12327
authority, or about any specific investment that may be considered	12328
or has been made by the program administrator.	12329

(C) The advisory board shall be composed of seven members who	12330
shall be appointed by the governor, with the advice and consent of	12331
the senate, from among the general public. All appointed members	12332
shall have experience with businesses in the seed or early stages	12333
of development or investments in such businesses. At least three	12334
members of the advisory board shall, on account of their	12335
vocations, employment, or affiliations, have experience investing	12336
in or managing investments in businesses in the seed or early	12337
stages of development. At least two members of the advisory board	12338
shall, on account of their vocations, employment, or affiliations,	12339
have experience providing professional services to individuals or	12340
funds investing in or managing investments in businesses in the	12341
seed or early stages of development or to businesses in the seed	12342
or early stages of development with respect to the process of	12343
seeking and obtaining such investments. The other members of the	12344
advisory board may, on account of their vocations, employment, or	12345
affiliations, have experience generally in investing in or	12346
managing investments in businesses or providing professional	12347
services to entities whose primary business is investing in or	12348
managing investments in businesses or to businesses with respect	12349
to the process of seeking and obtaining investment financing.	12350

Initial gubernatorial appointees to the board shall serve	12351
staggered terms, with two terms expiring on January 31, 2010, two	12352
terms expiring on January 31, 2011, and three terms expiring on	12353
January 31, 2012. Thereafter, terms of office for all appointees	12354
shall be for three years, with each term ending on the same day of	12355
the same month as did the term that it succeeds. All members of	12356
the board shall serve at the pleasure of the governor. A vacancy	12357
on the advisory board shall be filled in the same manner as the	12358
original appointment, except that a person appointed to fill a	12359
vacancy shall be appointed to the remainder of the unexpired term.	12360
Any member of the advisory board is eligible for reappointment.	12361

(D) The governor shall designate a member of the advisory	12362
board to serve as chairperson. A majority of all members of the	12363
advisory board constitutes a quorum, and no recommendation shall	12364
be made or advice given by the board without the affirmative vote	12365
of a majority of the members.	12366

(E) Members of the advisory board shall serve without	12367
compensation, but shall receive their reasonable and necessary	12368
expenses incurred in the conduct of board business. The department	12369
of development shall provide office space and facilities for the	12370
advisory board.	12371

Sec. 150.03. Within ninety days after ~~the effective date of~~	12372
~~this section~~April 9, 2003, the authority shall establish, and	12373
subsequently may modify as it considers necessary, a written	12374
investment policy governing the investment of money from the	12375
program fund, which is hereby created. The program fund shall	12376
consist of the proceeds of loans acquired by a program	12377
administrator. The authority is subject to Chapter 119. of the	12378
Revised Code with respect to the establishment or modification of	12379
the policy. The policy shall meet all the following requirements:	12380

(A) It is consistent with the purpose of the program stated	12381
in section 150.01 of the Revised Code.	12382

(B) Subject to divisions (C), (D), and (E) of this section,	12383
it permits the investment of money from the program fund in	12384
private, for-profit venture capital funds, including funds of	12385
funds, that invest in enterprises in the seed or early stage of	12386
business development or established business enterprises	12387
developing new methods or technologies, and that demonstrate	12388
potential to generate high levels of successful investment	12389
performance.	12390

(C) It specifies that, exclusive of any program fund money	12391
invested in an Ohio co-investment fund, a program administrator or	12392
fund manager employed by the program administrator shall invest	12393
not less than seventy-five per cent of program fund money under	12394
its investment authority in Ohio-based venture capital funds.	12395

(D) It specifies ~~that~~all of the following:

12396

(1) That not less than an amount equal to fifty per cent of	12397
program fund money invested in any venture capital fund beis	12398
invested by the venture capital fund in Ohio-based business	12399
enterprises;	12400

(2) That one hundred per cent of program fund money invested	12401
in any Ohio co-investment fund is invested by the Ohio	12402
co-investment fund in Ohio-based business enterprises; and	12403

(3) That, commencing with the first program fund investment	12404
in each venture capital fund, the aggregate amount invested in	12405
Ohio-based business enterprises by all venture capital funds in	12406
which the program fund has invested is not less than the aggregate	12407
amount of all program fund money invested in those venture capital	12408
funds.	12409

(E) It specifies that a program administrator or fund manager	12410
employed by the program administrator shall not invest money from	12411
the program fund in a venture capital fund to the extent that the	12412
total amount of program fund money invested in the venture capital	12413
fund~~, when combined with any program fund money invested in a~~	12414
~~venture capital fund under the same management as that venture~~	12415
~~capital fund,~~ exceeds the ~~lesser of the~~ following:	12416

(1) In the case of an Ohio co-investment fund, the lesser of	12417
the following:	12418

(a) One hundred million dollars;

12419

(b) Fifty per cent of the total amount of capital committed	12420
to all venture capital funds by the program fund.	12421

(2) In the case of any venture capital fund that is not an	12422
Ohio co-investment fund, the lesser of the following:	12423

(a) Ten million dollars;

12424

~~(2)(a)~~(b)(i) In the case of an Ohio-based venture capital	12425
fund, fifty per cent of the total amount of capital committed to	12426
the fund from all sources, after accounting for capital committed	12427
from the program fund;	12428

~~(b)~~(ii) In the case of any other venture capital fund, twenty	12429
per cent of the total amount of capital committed to the fund	12430
from all sources, after accounting for capital committed from the	12431
program fund.	12432

(F) It specifies that a program administrator or fund manager	12433
employed by the program administrator shall not commit capital	12434
from the program fund to a venture capital fund other than an Ohio	12435
co-investment fund until the venture capital fund receives	12436
commitment of at least the same amount from other investors in	12437
the fund, and shall not permit capital from an Ohio co-investment	12438
fund to be committed to any investment until the Ohio-based	12439
business enterprise in which the investment is to be made receives	12440
a commitment of at least the same amount from other investors that	12441
are independent of and under management independent of the program	12442
administrator and any fund manager employed by the program	12443
administrator.	12444

(G) It specifies the general conditions a private, for-profit	12445
investment fund must meet to be selected as a program	12446
administrator under section 150.05 of the Revised Code, including,	12447
as a significant selection standard, direct experience managing	12448
external or nonproprietary capital in private equity fund of funds	12449
formats.	12450

(H) It specifies the criteria the authority must consider	12451
when making a determination under division (B)(1) of section	12452
150.04 of the Revised Code.	12453

(I) It includes investment standards and general limitations	12454
on allowable investments that the authority considers reasonable	12455
and necessary to achieve the purposes of this chapter as stated in	12456
division (B) of section 150.01 of the Revised Code, minimize the	12457
need for the authority to grant tax credits under section 150.07	12458
of the Revised Code, ensure compliance of the program	12459
administrators with all applicable laws of this state and the	12460
United States, and ensure the safety and soundness of investments	12461
of money from the program fund.	12462

(J) It prohibits the investment of money from the program	12463
fund directly in persons other than venture capital funds, except	12464
for temporary investment in investment grade debt securities or	12465
temporary deposit in interest-bearing accounts or funds pending	12466
permanent investment in venture capital funds.	12467

Sec. 150.04. (A) The investment policy established or	12468
modified under section 150.03 of the Revised Code shall specify	12469
the terms and conditions under which the authority may grant tax	12470
credits under section 150.07 of the Revised Code, subject to that	12471
section and division (B) of this section, to provide security	12472
against lenders' losses.	12473

(B) Nothing in this chapter authorizes the providing of	12474
security against losses on any bases other than the following:	12475

(1) The application first of moneys of the Ohio venture	12476
capital fund, created under section 150.08 of the Revised Code,	12477
that the authority, under the criteria in its investment policy,	12478
determines may be expended without adversely affecting the ability	12479
of the authority to continue fulfilling the purpose of this	12480
chapter as stated in section 150.01 of the Revised Code; and then	12481

(2) The granting of tax credits pursuant to section 150.07 of	12482
the Revised Code, but only to the extent moneys under division	12483
(B)(1) of this section are insufficient, including to fund	12484
reserves maintained by or on behalf of an issuer to the extent	12485
consistent with an agreement between the authority and the issuer	12486
entered into under division (E) of section 150.02 of the Revised	12487
Code.	12488

Sec. 150.05. (A) The authority shall select, as program	12489
administrators, not more than two private, for-profit investment	12490
funds to acquire loans for the program fund and to invest money in	12491
the program fund as prescribed in the investment policy	12492
established or modified by the authority in accordance with	12493
sections 150.03 and 150.04 of the Revised Code. The authority	12494
shall give equal consideration, in selecting these program	12495
administrators, to minority owned and controlled investment funds,	12496
to funds owned and controlled by women, to ventures involving	12497
minority owned and controlled funds, and to ventures involving	12498
funds owned and controlled by women that otherwise meet the	12499
policies and criteria established by the authority. To be eligible	12500
for selection, an investment fund must be incorporated or	12501
organized under Chapter 1701., 1705., 1775., 1776., 1782., or	12502
1783. of the Revised Code, must have an established business	12503
presence in this state, and must be capitalized in accordance	12504
with any state and federal laws applicable to the issuance or	12505
sale of securities.	12506

The authority shall select program administrators only after	12507
soliciting and evaluating requests for proposals as prescribed in	12508
this section. The authority shall publish a notice of a request	12509
for proposals in newspapers of general circulation in this state	12510
once each week for two consecutive weeks before a date specified	12511
by the authority as the date on which it will begin accepting	12512
proposals. The notices shall contain a general description of the	12513
subject of the proposed agreement and the location where the	12514
request for proposals may be obtained. The request for proposals	12515
shall include all the following:	12516

(1) Instructions and information to respondents concerning	12517
the submission of proposals, including the name and address of the	12518
office where proposals are to be submitted;	12519

(2) Instructions regarding the manner in which respondents	12520
may communicate with the authority, including the names, titles,	12521
and telephone numbers of the individuals to whom such	12522
communications shall be directed;	12523

(3) Description of the performance criteria that will be used	12524
to evaluate whether a respondent selected by the authority is	12525
satisfying the authority's investment policy;	12526

(4) Description of the factors and criteria to be considered	12527
in evaluating respondents' proposals, the relative importance of	12528
each factor or criterion, and description of the authority's	12529
evaluation procedure;	12530

(5) Description of any documents that may be incorporated by	12531
reference into the request for proposals, provided that the	12532
request specifies where such documents may be obtained and such	12533
documents are readily available to all interested parties.	12534

After the date specified for receiving proposals, the	12535
authority shall evaluate submitted proposals. The authority may	12536
discuss a respondent's proposal with that respondent to clarify or	12537
revise a proposal or the terms of the agreement.	12538

The authority shall choose for review proposals from at least	12539
three respondents the authority considers qualified to operate the	12540
program in the best interests of the investment policy adopted by	12541
the authority. If three or fewer proposals are submitted, the	12542
authority shall review each proposal. The authority may cancel a	12543
request for proposals at any time before entering into an	12544
agreement with a respondent. The authority shall provide	12545
respondents fair and equal opportunity for such discussions. The	12546
authority may terminate discussions with any respondent upon	12547
written notice to the respondent.	12548

(B) After reviewing the chosen proposals, the authority may	12549
select not more than two such respondents and enter into a written	12550
agreement with each of the selected respondents, provided that at	12551
no time shall there be agreements with more than two persons.	12552

The agreement shall do all of the following:

12553

(1) Specify that borrowing and investing by the program	12554
administrator will be budgeted to guarantee that no tax credits	12555
will be granted during the first four years of the Ohio venture	12556
capital program, and will be structured to ensure that payments of	12557
principal, interest, or interest equivalent due in any fiscal	12558
year, when added to such payments due from any other program	12559
administrator, does not exceed twenty million dollars;	12560

(2) Require investment by the program administrator or the	12561
fund manager employed by the program administrator to be in	12562
compliance with the investment policy established or modified in	12563
accordance with sections 150.03 and 150.04 of the Revised Code	12564
that is in effect at the time the investment is made, and prohibit	12565
the program administrator or fund manager from engaging in any	12566
investment activities other than activities to carry out that	12567
policy;	12568

(3) Require periodic financial reporting by the program	12569
administrator to the authority, which reporting shall include an	12570
annual audit by an independent auditor and such other financial	12571
reporting as is specified in the agreement or otherwise required	12572
by the authority for the purpose of ensuring that the program	12573
administrator is carrying out the investment policy;	12574

(4) Specify any like standards or general limitations in	12575
addition to or in furtherance of investment standards or	12576
limitations that apply pursuant to division (H) of section 150.03	12577
of the Revised Code;	12578

(5) Require the program administrator to apply program fund	12579
revenue first to the payment of principal borrowed by the program	12580
administrator for investment under the program, then to interest	12581
related to that principal, and then to amounts necessary to cover	12582
the program administrator's pro rata share required under division	12583
(B)(9) of this section; and require the program administrator to	12584
pay the authority not less than ninety per cent of the amount by	12585
which program fund revenue attributable to investments under the	12586
program administrator's investment authority exceeds amounts so	12587
applied;	12588

(6) Specify the procedures by which the program administrator	12589
shall certify immediately to the authority the necessity for the	12590
authority to issue tax credit certificates pursuant to contracts	12591
entered into under section 150.07 of the Revised Code;	12592

(7) Specify any general limitations regarding the employment	12593
of a fund manager by the program administrator, in addition to an	12594
express limitation that the fund manager be a person with	12595
demonstrated, substantial, successful experience in the design and	12596
management of seed and venture capital investment programs and in	12597
capital formation. The fund manager may be, but need not be, an	12598
equity owner or affiliate of the program administrator.	12599

(8) Specify the terms and conditions under which the	12600
authority or the program administrator may terminate the	12601
agreement, including in the circumstance that the program	12602
administrator or fund manager violates the investment policy;	12603

(9) Require the program administrator or fund manager	12604
employed by the program administrator to provide capital in the	12605
form of a loan equal to one per cent of the amount of outstanding	12606
loans by lenders to the program fund. The loan from the program	12607
administrator or fund manager shall be on the same terms and	12608
conditions as loans from other lenders, except that the loan from	12609
the program administrator or fund manager shall not be secured by	12610
the Ohio venture capital fund or tax credits available to other	12611
lenders under division (B) of section 150.04 of the Revised Code.	12612
Such capital shall be placed at the same risk as the proceeds from	12613
such loans. The program administrator shall receive a pro rata	12614
share of the net income, including net loss, from the investment	12615
of money from the program fund, but is not entitled to the	12616
security against losses provided under section 150.04 of the	12617
Revised Code.	12618

Sec. 150.051. (A) As used in this section:

12619

(1) "Minority business enterprise" has the meaning defined in	12620
section 122.71 of the Revised Code.	12621

(2) "Women's business enterprise" means a business, or a	12622
partnership, corporation, limited liability company, or joint	12623
venture of any kind, that is owned and controlled by women who are	12624
United States citizens and residents of this state.	12625

(B) The Ohio venture capital authority shall submit annually	12626
to the governor and to the general assembly (under section 101.68	12627
of the Revised Code) a report containing the following	12628
information:	12629

(1) The name of each program administrator that is a minority	12630
business enterprise or a women's business enterprise with which	12631
the authority contracts;	12632

(2) The amount of assets managed by program administrators	12633
that are minority business enterprises or women's business	12634
enterprises, expressed as a percentage of assets managed by	12635
program administrators with which the authority has contracted.	12636

(3) Efforts by the authority to increase utilization of	12637
program administrators that are minority business enterprises or	12638
women's business enterprises.	12639

Sec. 150.07. (A) For the purpose stated in section 150.01 of	12640
the Revised Code, the authority may authorize a lender to claim	12641
one of the refundable tax credits allowed under section 5707.031,	12642
5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the Revised	12643
Code. The credits shall be authorized by a written contract with	12644
the lender. The contract shall specify the terms under which the	12645
lender may claim the credit, including the amount of loss, if any,	12646
the lender must incur before the lender may claim the credit;	12647
specify that the credit shall not exceed the amount of the loss;	12648
and specify that the lender may claim the credit only for a loss	12649
certified by a program administrator to the authority under the	12650
procedures prescribed under division (B)(6) of section 150.05 of	12651
the Revised Code.	12652

(B) Tax credits may be authorized at any time after the	12653
authority establishes the investment policy under section 150.03	12654
of the Revised Code, but a tax credit so authorized may not be	12655
claimed until the beginning of the fifth year after the authority	12656
establishes the investment policy. A tax credit may not be claimed	12657
after June 30, ~~2026~~2036.	12658

(C)(1) Upon receiving certification of a lender's loss from a	12659
program administrator pursuant to the procedures in the investment	12660
policy, the authority shall issue a tax credit certificate to the	12661
lender, except as otherwise provided in division (D) of this	12662
section.	12663

(2) If the lender is a pass-through entity, as defined in	12664
section 5733.04 of the Revised Code, then each equity investor in	12665
the lender pass-through entity shall be entitled to claim one of	12666
the tax credits allowed under division (A) of this section for	12667
that equity investor's taxable year in which or with which ends	12668
the taxable year of the lender pass-through entity in an amount	12669
based on the equity investor's distributive or proportionate share	12670
of the credit amount set forth in the certificate issued by the	12671
authority. If all equity investors of the lender pass-through	12672
entity are not eligible to claim a credit against the same tax set	12673
forth in division (A) of this section, then each equity investor	12674
may elect to claim a credit against the tax to which the equity	12675
investor is subject to in an amount based on the equity investor's	12676
distributive or proportionate share of the credit amount set forth	12677
in the certificate issued by the authority.	12678

(3) The certificate shall state the amount of the credit and	12679
the calendar year under section 5707.031, 5725.19, 5727.241, or	12680
5729.08, the tax year under section 5733.49, or the taxable year	12681
under section 5747.80 of the Revised Code for which the credit may	12682
be claimed. The authority, in conjunction with the tax	12683
commissioner, shall develop a system for issuing tax credit	12684
certificates for the purpose of verifying that any credit claimed	12685
is a credit issued under this section and is properly taken in the	12686
year specified in the certificate and in compliance with division	12687
(B) of this section.	12688

(D) The authority shall not, in any fiscal year, issue tax	12689
credit certificates in a total amount exceeding twenty million	12690
dollars.	12691

(E) Notwithstanding anything in this section or in any other	12692
section of this chapter or in Chapter 5707., 5725., 5727., 5729.,	12693
5733., or 5747. of the Revised Code, an issuer or a trustee on	12694
behalf of an issuer shall have, subject to the terms of the	12695
agreement entered into by the issuer and the authority under	12696
division (E) of section 150.02 of the Revised Code, the right to	12697
receive and claim the credits authorized under this section and	12698
solely for those purposes shall be deemed a taxpayer under	12699
applicable provisions of each such chapter, entitled to file a tax	12700
return, an amended tax return, or an estimated tax return at such	12701
times as are permitted or required under the applicable chapter,	12702
but solely for the purpose of claiming credits issued to the	12703
issuer or the trustee. Nothing in this section shall require an	12704
issuer or a trustee to file a tax return under any chapter for any	12705
purpose other than claiming such credits if the issuer or trustee	12706
is not otherwise required to make such a filing.	12707

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	12708
152.33 of the Revised Code:	12709

(1) "Obligations" means bonds, notes, or other evidences of	12710
obligation, including interest coupons pertaining thereto, issued	12711
pursuant to sections 152.09 to 152.33 of the Revised Code.	12712

(2) "State agencies" means the state of Ohio and branches,	12713
officers, boards, commissions, authorities, departments,	12714
divisions, courts, general assembly, or other units or agencies of	12715
the state. "State agency" also includes counties, municipal	12716
corporations, and governmental entities of this state that enter	12717
into leases with the Ohio building authority pursuant to section	12718
152.31 of the Revised Code or that are designated by law as state	12719
agencies for the purpose of performing a state function that is to	12720
be housed by a capital facility for which the Ohio building	12721
authority is authorized to issue revenue obligations pursuant to	12722
sections 152.09 to 152.33 of the Revised Code.	12723

(3) "Bond service charges" means principal, including	12724
mandatory sinking fund requirements for retirement of obligations,	12725
and interest, and redemption premium, if any, required to be paid	12726
by the Ohio building authority on obligations.	12727

(4) "Capital facilities" means buildings, structures, and	12728
other improvements, and equipment, real estate, and interests in	12729
real estate therefor, within the state, and any one, part of, or	12730
combination of the foregoing, for housing of branches and agencies	12731
of state government, including capital facilities for the purpose	12732
of housing personnel, equipment, or functions, or any combination	12733
thereof that the state agencies are responsible for housing, for	12734
which the Ohio building authority is authorized to issue	12735
obligations pursuant to Chapter 152. of the Revised Code, and	12736
includes storage and parking facilities related to such capital	12737
facilities. For purposes of sections 152.10 to 152.15 of the	12738
Revised Code, "capital facilities" includes community or technical	12739
college capital facilities.	12740

(5) "Cost of capital facilities" means the costs of	12741
assessing, planning, acquiring, constructing, reconstructing,	12742
rehabilitating, remodeling, renovating, enlarging, improving,	12743
altering, maintaining, equipping, furnishing, repairing, painting,	12744
decorating, managing, or operating capital facilities, and the	12745
financing thereof, including the cost of clearance and preparation	12746
of the site and of any land to be used in connection with capital	12747
facilities, the cost of participating in capital facilities	12748
pursuant to section 152.33 of the Revised Code, the cost of any	12749
indemnity and surety bonds and premiums on insurance, all related	12750
direct administrative expenses and allocable portions of direct	12751
costs of the authority and lessee state agencies, cost of	12752
engineering and architectural services, designs, plans,	12753
specifications, surveys, and estimates of cost, legal fees, fees	12754
and expenses of trustees, depositories, and paying agents for the	12755
obligations, cost of issuance of the obligations and financing	12756
charges and fees and expenses of financial advisers and	12757
consultants in connection therewith, interest on obligations from	12758
the date thereof to the time when interest is to be covered from	12759
sources other than proceeds of obligations, amounts that represent	12760
the portion of investment earnings to be rebated or to be paid to	12761
the federal government in order to maintain the exclusion from	12762
gross income for federal income tax purposes of interest on those	12763
obligations pursuant to section 148(f) of the Internal Revenue	12764
Code, amounts necessary to establish reserves as required by the	12765
resolutions or the obligations, trust agreements, or indentures,	12766
costs of audits, the reimbursement of all moneys advanced or	12767
applied by or borrowed from any governmental entity, whether to or	12768
by the authority or others, from whatever source provided, for the	12769
payment of any item or items of cost of the capital facilities,	12770
any share of the cost undertaken by the authority pursuant to	12771
arrangements made with governmental entities under division (J) of	12772
section 152.21 of the Revised Code, and all other expenses	12773
necessary or incident to assessing, planning, or determining the	12774
feasibility or practicability with respect to capital facilities,	12775
and such other expenses as may be necessary or incident to the	12776
assessment, planning, acquisition, construction, reconstruction,	12777
rehabilitation, remodeling, renovation, enlargement, improvement,	12778
alteration, maintenance, equipment, furnishing, repair, painting,	12779
decoration, management, or operation of capital facilities, the	12780
financing thereof and the placing of the same in use and	12781
operation, including any one, part of, or combination of such	12782
classes of costs and expenses.	12783

(6) "Governmental entity" means any state agency, municipal	12784
corporation, county, township, school district, and any other	12785
political subdivision or special district in this state	12786
established pursuant to law, and, except where otherwise	12787
indicated, also means the United States or any of the states or	12788
any department, division, or agency thereof, and any agency,	12789
commission, or authority established pursuant to an interstate	12790
compact or agreement.	12791

(7) "Governing body" means:

12792

(a) In the case of a county, the board of county	12793
commissioners or other legislative authority; in the case of a	12794
municipal corporation, the legislative authority; in the case of a	12795
township, the board of township trustees; in the case of a school	12796
district, the board of education;	12797

(b) In the case of any other governmental entity, the	12798
officer, board, commission, authority, or other body having the	12799
general management of the entity or having jurisdiction or	12800
authority in the particular circumstances.	12801

(8) "Available receipts" means fees, charges, revenues,	12802
grants, subsidies, income from the investment of moneys, proceeds	12803
from the sale of goods or services, and all other revenues or	12804
receipts received by or on behalf of any state agency for which	12805
capital facilities are financed with obligations issued under	12806
Chapter 152. of the Revised Code, any state agency participating	12807
in capital facilities pursuant to section 152.33 of the Revised	12808
Code, or any state agency by which the capital facilities are	12809
constructed or financed; revenues or receipts derived by the	12810
authority from the operation, leasing, or other disposition of	12811
capital facilities, and the proceeds of obligations issued under	12812
Chapter 152. of the Revised Code; and also any moneys appropriated	12813
by a governmental entity, gifts, grants, donations, and pledges,	12814
and receipts therefrom, available for the payment of bond service	12815
charges on such obligations.	12816

(9) "Available community or technical college receipts" means	12817
all money received by a community or technical college or	12818
community or technical college district, including income,	12819
revenues, and receipts from the operation, ownership, or control	12820
of facilities, grants, gifts, donations, and pledges and receipts	12821
therefrom, receipts from fees and charges, the allocated state	12822
share of instruction as defined in section 3333.90 of the Revised	12823
Code, and the proceeds of the sale of obligations, including	12824
proceeds of obligations issued to refund obligations previously	12825
issued, but excluding any special fee, and receipts therefrom,	12826
charged pursuant to division (D) of section 154.21 of the Revised	12827
Code.	12828

(10) "Community or technical college," "college," "community	12829
or technical college district," and "district" have the same	12830
meanings as in section 3333.90 of the Revised Code.	12831

(11) "Community or technical college capital facilities"	12832
means auxiliary facilities, education facilities, and housing and	12833
dining facilities, as those terms are defined in section 3345.12	12834
of the Revised Code, to the extent permitted to be financed by the	12835
issuance of obligations under division (A)(2) of section 3357.112	12836
of the Revised Code, that are authorized by sections 3354.121,	12837
3357.112, and 3358.10 of the Revised Code to be financed by	12838
obligations issued by a community or technical college district,	12839
and for which the Ohio building authority is authorized to issue	12840
obligations pursuant to Chapter 152. of the Revised Code, and	12841
includes any one, part of, or any combination of the foregoing,	12842
and further includes site improvements, utilities, machinery,	12843
furnishings, and any separate or connected buildings, structures,	12844
improvements, sites, open space and green space areas, utilities,	12845
or equipment to be used in, or in connection with the operation or	12846
maintenance of, or supplementing or otherwise related to the	12847
services or facilities to be provided by, such facilities.	12848

(12) "Cost of community or technical college capital	12849
facilities" means the costs of acquiring, constructing,	12850
reconstructing, rehabilitating, remodeling, renovating, enlarging,	12851
improving, equipping, or furnishing community or technical college	12852
capital facilities, and the financing thereof, including the cost	12853
of clearance and preparation of the site and of any land to be	12854
used in connection with community or technical college capital	12855
facilities, the cost of any indemnity and surety bonds and	12856
premiums on insurance, all related direct administrative expenses	12857
and allocable portions of direct costs of the authority, community	12858
or technical college or community or technical college district,	12859
cost of engineering, architectural services, design, plans,	12860
specifications and surveys, estimates of cost, legal fees, fees	12861
and expenses of trustees, depositories, bond registrars, and	12862
paying agents for the obligations, cost of issuance of the	12863
obligations and financing costs and fees and expenses of financial	12864
advisers and consultants in connection therewith, interest on the	12865
obligations from the date thereof to the time when interest is to	12866
be covered by available receipts or other sources other than	12867
proceeds of the obligations, amounts that represent the portion of	12868
investment earnings to be rebated or to be paid to the federal	12869
government in order to maintain the exclusion from gross income	12870
for federal income tax purposes of interest on those obligations	12871
pursuant to section 148(f) of the Internal Revenue Code, amounts	12872
necessary to establish reserves as required by the bond	12873
proceedings, costs of audits, the reimbursements of all moneys	12874
advanced or applied by or borrowed from the community or technical	12875
college, community or technical college district, or others, from	12876
whatever source provided, including any temporary advances from	12877
state appropriations, for the payment of any item or items of cost	12878
of community or technical college facilities, and all other	12879
expenses necessary or incident to planning or determining	12880
feasibility or practicability with respect to such facilities, and	12881
such other expenses as may be necessary or incident to the	12882
acquisition, construction, reconstruction, rehabilitation,	12883
remodeling, renovation, enlargement, improvement, equipment, and	12884
furnishing of community or technical college capital facilities,	12885
the financing thereof and the placing of them in use and	12886
operation, including any one, part of, or combination of such	12887
classes of costs and expenses.	12888

(B) Pursuant to the powers granted to the general assembly	12889
under Section 2i of Article VIII, Ohio Constitution, to authorize	12890
the issuance of revenue obligations and other obligations, the	12891
owners or holders of which are not given the right to have excises	12892
or taxes levied by the general assembly for the payment of	12893
principal thereof or interest thereon, the Ohio building authority	12894
may issue obligations, in accordance with Chapter 152. of the	12895
Revised Code, and shall cause the net proceeds thereof, after any	12896
deposits of accrued interest for the payment of bond service	12897
charges and after any deposit of all or such lesser portion as the	12898
authority may direct of the premium received upon the sale of	12899
those obligations for the payment of the bond service charges, to	12900
be applied to the costs of capital facilities designated by or	12901
pursuant to act of the general assembly for housing state agencies	12902
as authorized by Chapter 152. of the Revised Code. The authority	12903
shall provide by resolution for the issuance of such obligations.	12904
The bond service charges and all other payments required to be	12905
made by the trust agreement or indenture securing such obligations	12906
shall be payable solely from available receipts of the authority	12907
pledged thereto as provided in such resolution. The available	12908
receipts pledged and thereafter received by the authority are	12909
immediately subject to the lien of such pledge without any	12910
physical delivery thereof or further act, and the lien of any such	12911
pledge is valid and binding against all parties having claims of	12912
any kind against the authority, irrespective of whether those	12913
parties have notice thereof, and creates a perfected security	12914
interest for all purposes of Chapter 1309. of the Revised Code and	12915
a perfected lien for purposes of any real property interest, all	12916
without the necessity for separation or delivery of funds or for	12917
the filing or recording of the resolution, trust agreement,	12918
indenture, or other agreement by which such pledge is created or	12919
any certificate, statement, or other document with respect	12920
thereto; and the pledge of such available receipts is effective	12921
and the money therefrom and thereof may be applied to the purposes	12922
for which pledged. Every pledge, and every covenant and agreement	12923
made with respect to the pledge, made in the resolution may	12924
therein be extended to the benefit of the owners and holders of	12925
obligations authorized by Chapter 152. of the Revised Code, the	12926
net proceeds of which are to be applied to the costs of capital	12927
facilities, and to any trustee therefor, for the further securing	12928
of the payment of the bond service charges, and all or any rights	12929
under any agreement or lease made under this section may be	12930
assigned for such purpose. Obligations may be issued at one time	12931
or from time to time, and each issue shall be dated, shall mature	12932
at such time or times as determined by the authority not exceeding	12933
forty years from the date of issue, and may be redeemable before	12934
maturity at the option of the authority at such price or prices	12935
and under such terms and conditions as are fixed by the authority	12936
prior to the issuance of the obligations. The authority shall	12937
determine the form of the obligations, fix their denominations,	12938
establish their interest rate or rates, which may be a variable	12939
rate or rates, or the maximum interest rate, and establish within	12940
or without this state a place or places of payment of bond service	12941
charges.	12942

(C) The obligations shall be signed by the authority	12943
chairperson, vice-chairperson, and secretary-treasurer, and the	12944
authority seal shall be affixed. The signatures may be facsimile	12945
signatures and the seal affixed may be a facsimile seal, as	12946
provided by resolution of the authority. Any coupons attached may	12947
bear the facsimile signature of the chairperson. In case any	12948
officer who has signed any obligations, or caused the officer's	12949
facsimile signature to be affixed thereto, ceases to be such	12950
officer before such obligations have been delivered, such	12951
obligations may, nevertheless, be issued and delivered as though	12952
the person who had signed the obligations or caused the person's	12953
facsimile signature to be affixed thereto had not ceased to be	12954
such officer.	12955

Any obligations may be executed on behalf of the authority by	12956
an officer who, on the date of execution, is the proper officer	12957
although on the date of such obligations such person was not the	12958
proper officer.	12959

(D) All obligations issued by the authority shall have all	12960
the qualities and incidents of negotiable instruments and may be	12961
issued in coupon or in registered form, or both, as the authority	12962
determines. Provision may be made for the registration of any	12963
obligations with coupons attached thereto as to principal alone or	12964
as to both principal and interest, their exchange for obligations	12965
so registered, and for the conversion or reconversion into	12966
obligations with coupons attached thereto of any obligations	12967
registered as to both principal and interest, and for reasonable	12968
charges for such registration, exchange, conversion, and	12969
reconversion. The authority may sell its obligations in any manner	12970
and for such prices as it determines, except that the authority	12971
shall sell obligations sold at public or private sale in	12972
accordance with section 152.091 of the Revised Code.	12973

(E) The obligations of the authority, principal, interest,	12974
and any proceeds from their sale or transfer, are exempt from all	12975
taxation within this state.	12976

(F) The authority is authorized to issue revenue obligations	12977
and other obligations under Section 2i of Article VIII, Ohio	12978
Constitution, for the purpose of paying the cost of capital	12979
facilities for housing of branches and agencies of state	12980
government, including capital facilities for the purpose of	12981
housing personnel, equipment, or functions, or any combination	12982
thereof that the state agencies are responsible for housing, as	12983
are authorized by Chapter 152. of the Revised Code, and that are	12984
authorized by the general assembly by the appropriation of lease	12985
payments or other moneys for such capital facilities or by any	12986
other act of the general assembly, but not including the	12987
appropriation of moneys for feasibility studies for such capital	12988
facilities. This division does not authorize the authority to	12989
issue obligations pursuant to Section 2i of Article VIII, Ohio	12990
Constitution, to pay the cost of capital facilities for mental	12991
hygiene and retardation, parks and recreation, or state-supported	12992
or state-assisted institutions of higher education.	12993

(G) The authority is authorized to issue revenue obligations	12994
under Section 2i of Article VIII, Ohio Constitution, on behalf of	12995
a community or technical college district and shall cause the net	12996
proceeds thereof, after any deposits of accrued interest for the	12997
payment of bond service charges and after any deposit of all or	12998
such lesser portion as the authority may direct of the premium	12999
received upon the sale of those obligations for the payment of the	13000
bond service charges, to be applied to the cost of community or	13001
technical college capital facilities, provided that the issuance	13002
of such obligations is subject to the execution of a written	13003
agreement in accordance with division (C) of section 3333.90 of	13004
the Revised Code for the withholding and depositing of funds	13005
otherwise due the district, or the college it operates, in respect	13006
of its allocated state share of instruction.	13007

The authority shall provide by resolution for the issuance of	13008
such obligations. The bond service charges and all other payments	13009
required to be made by the trust agreement or indenture securing	13010
the obligations shall be payable solely from available community	13011
or technical college receipts pledged thereto as provided in the	13012
resolution. The available community or technical college receipts	13013
pledged and thereafter received by the authority are immediately	13014
subject to the lien of such pledge without any physical delivery	13015
thereof or further act, and the lien of any such pledge is valid	13016
and binding against all parties having claims of any kind against	13017
the authority, irrespective of whether those parties have notice	13018
thereof, and creates a perfected security interest for all	13019
purposes of Chapter 1309. of the Revised Code and a perfected lien	13020
for purposes of any real property interest, all without the	13021
necessity for separation or delivery of funds or for the filing or	13022
recording of the resolution, trust agreement, indenture, or other	13023
agreement by which such pledge is created or any certificate,	13024
statement, or other document with respect thereto; and the pledge	13025
of such available community or technical college receipts is	13026
effective and the money therefrom and thereof may be applied to	13027
the purposes for which pledged. Every pledge, and every covenant	13028
and agreement made with respect to the pledge, made in the	13029
resolution may therein be extended to the benefit of the owners	13030
and holders of obligations authorized by this division, and to any	13031
trustee therefor, for the further securing of the payment of the	13032
bond service charges, and all or any rights under any agreement or	13033
lease made under this section may be assigned for such purpose.	13034
Obligations may be issued at one time or from time to time, and	13035
each issue shall be dated, shall mature at such time or times as	13036
determined by the authority not exceeding forty years from the	13037
date of issue, and may be redeemable before maturity at the option	13038
of the authority at such price or prices and under such terms and	13039
conditions as are fixed by the authority prior to the issuance of	13040
the obligations. The authority shall determine the form of the	13041
obligations, fix their denominations, establish their interest	13042
rate or rates, which may be a variable rate or rates, or the	13043
maximum interest rate, and establish within or without this state	13044
a place or places of payment of bond service charges.	13045

Sec. 152.10. The resolution of the Ohio building authority	13046
authorizing the issuance of authority obligations may contain	13047
provisions which shall be part of the contract with the holders of	13048
the obligations as to:	13049

(A) Pledging all or such portion as it determines of the	13050
available receipts of the authority for the payment of bond	13051
service charges and all other payments required to be made by the	13052
trust agreement or indenture securing such obligations, or	13053
restricting the security for a particular issue of obligations to	13054
specific revenues or receipts of the authority;	13055

(B) The acquisition, construction, reconstruction, equipment,	13056
furnishing, improvement, operation, alteration, enlargement,	13057
maintenance, insurance, and repair of capital facilities and sites	13058
therefor, and the duties of the authority with reference thereto;	13059

13060

(D) Limitations on the purposes to which the proceeds of the	13061
obligations may be applied;	13062

(E) The rate of rentals or other charges for the use of	13063
capital facilities, the revenues from which are pledged to the	13064
obligations authorized by such resolution, including limitations	13065
upon the power of the authority to modify such rentals or other	13066
charges;	13067

(F) The use of and the expenditures of the revenues of the	13068
authority in such manner and to such extent as shall be	13069
determined, which may include provision for the payment of the	13070
expenses of the operation, maintenance, and repair of capital	13071
facilities, and the operation and administration of the authority	13072
so that such expenses shall be paid or provided as a charge prior	13073
to the payment of bond service charges and all other payments	13074
required to be made by the trust agreement or indenture securing	13075
such obligations;	13076

(G) Limitations on the issuance of additional obligations;

13077

(H) The terms of any trust agreement or indenture securing	13078
the obligations or under which the same may be issued;	13079

(I) Any other or additional agreements with the holders of	13080
the obligations, or the trustee therefor with respect to the	13081
operation of the authority and with respect to its property,	13082
funds, and revenues, and insurance thereof, and of the authority,	13083
its members, officers, and employees;	13084

(J) The deposit and application of funds and the safeguarding	13085
of funds on hand or on deposit without regard to Chapter 131. of	13086
the Revised Code, including any deposits of accrued interest for	13087
the payment of bond service charges and any deposits of premium	13088
for the payment of bond service charges or for the application to	13089
the payment of costs of capital facilities;	13090

(K) Municipal bond insurance, letters of credit, and other	13091
related agreements, the cost of which may be included in the costs	13092
of issuance of the obligations, and the pledge, holding, and	13093
disposition of the proceeds thereof;	13094

(L) A covenant that the state and any using state agency or	13095
any using community or technical college or community or technical	13096
college district shall, so long as such obligations are	13097
outstanding, cause to be charged and collected such revenues and	13098
receipts of, or from, any such using state agency or any such	13099
using community or technical college or community or technical	13100
college district constituting available receipts under the	13101
resolution sufficient in amount to provide for the payment of bond	13102
service charges on such obligations and for the establishment and	13103
maintenance of any reserves, as provided in the resolution for	13104
such obligations, which covenant shall be controlling	13105
notwithstanding any other provision of law pertaining to such	13106
revenues and receipts; provided that no covenant shall require the	13107
general assembly to appropriate money derived from the levying of	13108
excises or taxes for the payment of rent or bond service charges.	13109

Sec. 152.12. (A) As used in this section, "prior community or	13110
technical college obligations" means bonds or notes previously	13111
issued by a community or technical college district under section	13112
3354.121, 3357.112, or 3358.10 of the Revised Code to pay costs of	13113
community or technical college capital facilities.	13114

(B) The Ohio building authority may authorize and issue	13115
obligations for the refunding of prior obligations or prior	13116
community or technical college obligations for any of the	13117
following purposes:	13118

~~(A)~~(1) Refunding any obligations previously issued by the	13119
authority or any prior community or technical college obligations,	13120
when the revenues pledged for the payment of such obligations are	13121
insufficient to pay obligations or prior community or technical	13122
college obligations which have matured or are about to mature or	13123
to maintain reserve or other funds required by the resolution or	13124
trust agreement or indenture;	13125

~~(B)~~(2) Refunding any obligations previously issued by the	13126
authority or any prior community or technical college obligations	13127
as an incident to providing funds for reconstructing, equipping,	13128
furnishing, improving, extending, or enlarging any capital	13129
facilities of the authority or any community or technical college	13130
district or community or technical college;	13131

~~(C)~~(3) Refunding all of the outstanding obligations or prior	13132
community or technical college obligations of any issue, both	13133
matured and unmatured, when the revenues pledged for the payment	13134
of such obligations or prior community or technical college	13135
obligations are insufficient to pay obligations which have matured	13136
or are about to mature or to maintain reserve or other funds	13137
required by the resolution or trust agreement or indenture, if	13138
such outstanding obligations or prior community or technical	13139
college obligations can be retired by call or at maturity or with	13140
the consent of the holders, whether from the proceeds of the sale	13141
of the refunding obligations or by exchange for the refunding	13142
obligations, provided the principal amount of the refunding	13143
obligations shall not exceed in amount the aggregate of the par	13144
value of the obligations or prior community or technical college	13145
obligations to be retired, any redemption premium, past due and	13146
future interest to the date of maturity or call that cannot	13147
otherwise be paid, and funds to reconstruct, equip, furnish,	13148
improve, enlarge, or extend any capital facilities of the	13149
authority or any community or technical college district or	13150
community or technical college;	13151

~~(D)~~(4) Refunding any obligations previously issued by the	13152
authority or any prior community or technical college obligations	13153
when the refunding obligations will bear interest at a lower rate	13154
than the obligations or prior community or technical college	13155
obligations to be refunded, or when the interest cost of the	13156
refunding obligations computed to the absolute maturity will be	13157
less than the interest cost of the obligations or prior community	13158
or technical college obligations to be refunded;	13159

~~(E)~~(5) Refunding any obligations issued pursuant to section	13160
152.23 of the Revised Code.	13161

(C) Obligations issued pursuant to division ~~(A)~~(B)(1) of this	13162
section shall mature not later than twenty years after their	13163
issuance and obligations issued pursuant to division (B)(2),	13164
~~(C)~~(3), ~~(D)~~(4), or ~~(E)~~(5) of this section shall mature not later	13165
than forty years after their issuance. Except as provided in this	13166
section, the terms of issuance and sale of obligations issued	13167
under this section shall be as provided in ~~Chapter 152. of the~~	13168
~~Revised Code~~this chapter for any other obligations for the	13169
benefit of state agencies, community or technical colleges, or	13170
community or technical college districts, as the context requires.	13171
Obligations authorized under this section shall be deemed to be	13172
issued for those purposes for which such prior obligations or	13173
prior community or technical college obligations were issued, and	13174
may be issued in amounts sufficient for funding and retirement of	13175
prior obligations or prior community or technical college	13176
obligations, for establishment of reserves as required by the	13177
refunding obligations or the resolution authorizing such refunding	13178
obligations or the trust agreement or indenture securing the	13179
refunding obligations, and for payment of any fees and expenses	13180
incurred or to be incurred in connection with such issuance and	13181
such refunding.	13182

Sec. 152.15. Obligations issued by the Ohio building	13183
authority do not, and they shall state that they do not, represent	13184
or constitute a debt of the state or any political subdivision,	13185
nor a pledge of the faith and credit of the state or any political	13186
subdivision. Pursuant to Section 2i of Article VIII, Ohio	13187
Constitution, such obligations shall not be deemed to be debts or	13188
bonded indebtedness of the state under other provisions of the	13189
Ohio Constitution.	13190

The holders or owners of obligations issued by the authority	13191
shall have no right to have excises or taxes levied by the general	13192
assembly for the payment of the bond service charges thereon. The	13193
right of such holders and owners to payment of such bond service	13194
charges shall be limited to the available receipts or available	13195
community or technical college receipts pledged thereto in	13196
accordance with ~~Chapter 152. of the Revised Code~~this chapter, and	13197
each such obligation shall bear on its face a statement to that	13198
effect. Any available receipts or available community or technical	13199
college receipts may be so pledged only to obligations issued for	13200
capital facilities which are in whole or in part useful to,	13201
constructed by, or financed by the department, board, commission,	13202
authority, community or technical college, community or technical	13203
college district, or other agency or instrumentality that receives	13204
the available receipts or available community or technical college	13205
receipts so pledged.	13206

Sec. 152.33. (A) The Ohio building authority is authorized	13207
under Chapter 152. of the Revised Code to issue revenue	13208
obligations and other obligations to pay the cost of capital	13209
facilities described in ~~section~~sections 111.26 and 307.021 of the	13210
Revised Code and the cost of capital facilities in which one or	13211
more state agencies are participating with the federal government,	13212
municipal corporations, counties, or other governmental entities	13213
or any one or more of them, and in which that portion of the	13214
facility allocated to the participating state agencies is to be	13215
used for the purpose stated in division (F) of section 152.09 of	13216
the Revised Code, when authorized by the general assembly in	13217
accordance with that division. Such participation may be by	13218
grants, loans, or contributions to other participating	13219
governmental entities for any of such capital facilities. Such	13220
obligations shall be deemed to be issued under sections 152.09 and	13221
152.23 of the Revised Code and shall conform to all requirements	13222
of sections 152.09 to 152.17 and 152.23 of the Revised Code. The	13223
right of holders and owners of obligations issued under this	13224
section to payment of bond service charges shall be limited to the	13225
revenues and receipts of the authority derived from rentals or	13226
other charges for use of the capital facilities constructed with	13227
the proceeds of the obligations to which such revenues and	13228
receipts are pledged, including revenues and receipts from or on	13229
behalf of any participating governmental entity.	13230

(B) Any lease of space by a state agency in a capital	13231
facility described in division (A) of this section shall conform	13232
to the requirements of division (D) of section 152.24 of the	13233
Revised Code.	13234

Sec. 153.013. With respect to any contract entered into	13235
under this chapter, which is made by the state or in whole or in	13236
part supported by state funds, a contractor shall comply with any	13237
regulation or ordinance that relates to the health, safety,	13238
status, and welfare of employees and that is enacted by the	13239
political subdivision in which the contract is to be performed.	13240

Sec. 156.01. As used in ~~this chapter~~sections 156.01 to	13241
156.05 of the Revised Code:	13242

(A) "Avoided capital costs" means a measured reduction in the	13243
cost of future equipment or other capital purchases that results	13244
from implementation of one or more energy or water conservation	13245
measures, when compared to an established baseline for previous	13246
such cost.	13247

(B) "Energy conservation measure" means an installation or	13248
modification of an installation in, or a remodeling of, an	13249
existing building in order to reduce energy consumption and	13250
operating costs. The term includes any of the following:	13251

(1) Installation or modification of insulation in the	13252
building structure and systems within the building;	13253

(2) Installation or modification of storm windows and doors,	13254
multiglazed windows and doors, and heat absorbing or heat	13255
reflective glazed and coated window and door systems; installation	13256
of additional glazing; reductions in glass area; and other window	13257
and door system modifications that reduce energy consumption and	13258
operating costs;	13259

(3) Installation or modification of automatic energy control	13260
systems;	13261

(4) Replacement or modification of heating, ventilating, or	13262
air conditioning systems;	13263

(5) Application of caulking and weather stripping;

13264

(6) Replacement or modification of lighting fixtures to	13265
increase the energy efficiency of the lighting system without	13266
increasing the overall illumination of a building unless the	13267
increase in illumination is necessary to conform to the applicable	13268
state or local building code for the proposed lighting system;	13269

(7) Installation or modification of energy recovery systems;

13270

(8) Installation or modification of cogeneration systems that	13271
produce steam or forms of energy such as heat, as well as	13272
electricity, for use primarily within a building or complex of	13273
buildings;	13274

(9) Any other modification, installation, or remodeling	13275
approved by the director of administrative services as an energy	13276
conservation measure for one or more buildings owned by the state.	13277

~~(B)~~(C) "Energy saving measure" means the acquisition and	13278
installation, by purchase, lease, lease-purchase, lease with an	13279
option to buy, or installment purchase, of an energy conservation	13280
measure and any attendant architectural and engineering consulting	13281
services.	13282

(D) "Energy, water, or wastewater cost savings" means a	13283
measured reduction in, as applicable, the cost of fuel, energy or	13284
water consumption, wastewater production, or stipulated operation	13285
or maintenance resulting from the implementation of one or more	13286
energy or water conservation measures, when compared to an	13287
established baseline for previous such costs, respectively.	13288

(E) "Operating cost savings" means a measured reduction in	13289
the cost of stipulated operation or maintenance created by the	13290
installation of new equipment or implementation of a new service,	13291
when compared with an established baseline for previous such	13292
stipulated costs.	13293

(F) "Water conservation measure" means an installation or	13294
modification of an installation in, or a remodeling of, an	13295
existing building or the surrounding grounds in order to reduce	13296
water consumption. The term includes any of the following:	13297

(1) Water-conserving fixture, appliance, or equipment, or the	13298
substitution of a nonwater-using fixture, appliance, or equipment;	13299

(2) Water-conserving, landscape irrigation equipment;

13300

(3) Landscaping measure that reduces storm water runoff	13301
demand and capture and hold applied water and rainfall, including	13302
landscape contouring such as the use of a berm, swale, or terrace	13303
and including the use of a soil amendment, including compost, that	13304
increases the water-holding capacity of the soil;	13305

(4) Rainwater harvesting equipment or equipment to make use	13306
of water collected as part of a storm water system installed for	13307
water quality control;	13308

(5) Equipment for recycling or reuse of water originating on	13309
the premises or from another source, including treated, municipal	13310
effluent;	13311

(6) Equipment needed to capture water for nonpotable uses	13312
from any nonconventional, alternate source, including air	13313
conditioning condensate or gray water;	13314

(7) Any other modification, installation, or remodeling	13315
approved by the board of trustees of a state institution of higher	13316
education as defined in section 3345.011 of the Revised Code as a	13317
water conservation measure for one or more buildings or the	13318
surrounding grounds owned by the institution.	13319

(G) "Water saving measure" means the acquisition and	13320
installation, by the purchase, lease, lease-purchase, lease with	13321
an option to buy, or installment purchases of a water conservation	13322
measure and any attendant architectural and engineering consulting	13323
services.	13324

Sec. 156.02. (A) The director of administrative services	13325
may contract with an energy services company, contractor,	13326
architect, professional engineer, or other person experienced in	13327
the design and implementation of energy conservation measures for	13328
a report containing an analysis and recommendations pertaining to	13329
the implementation of energy conservation measures that would	13330
significantly reduce energy consumption and operating costs in	13331
any buildings owned by the state ~~and, upon request of its board~~	13332
~~of trustees or managing authority, any building owned by an~~	13333
~~institution of higher education as defined in section 3345.12 of~~	13334
~~the Revised Code~~. The report shall include estimates of all costs	13335
of such measures, including the costs of design, engineering,	13336
installation, maintenance, repairs, and debt service, and	13337
estimates of the amounts by which energy consumption and	13338
operating costs would be reduced.	13339

(B) Upon the request of the board of trustees or managing	13340
authority of a state institution of higher education as defined in	13341
section 3345.011 of the Revised Code, the director may contract	13342
with a water services company, architect, professional engineer,	13343
contractor, or other person experienced in the design and	13344
implementation of energy or water conservation measures for a	13345
report containing an analysis and recommendations pertaining to	13346
the implementation of energy or water conservation measures that	13347
result in energy, water, or wastewater cost savings, operating	13348
cost savings, or avoided capital costs for the institution. The	13349
report shall include estimates of all costs of such installations,	13350
including the costs of design, engineering, installation,	13351
maintenance, repairs, and debt service, and estimates of the	13352
energy, water, or wastewater cost savings, operating cost savings,	13353
and avoided capital costs created.	13354

Sec. 156.03. (A) If the director of administrative services	13355
wishes to enter into an installment payment contract pursuant to	13356
section 156.04 of the Revised Code or any other contract to	13357
implement one or more energy saving measures or, in the case of a	13358
state institution of higher education pursuant to division (B) of	13359
section 156.02 of the Revised Code, energy or water saving	13360
measures, hethe director may proceed under Chapter 153. of the	13361
Revised Code, or, alternatively, hethe director may request the	13362
controlling board to exempt the contract from Chapter 153. of the	13363
Revised Code.	13364

If the controlling board by a majority vote approves an	13365
exemption, that chapter shall not apply to the contract and	13366
instead the director shall request proposals from at least three	13367
parties for the implementation of the energy or water saving	13368
measures. Prior to providing any interested party a copy of any	13369
such request, the director shall advertise, in a newspaper of	13370
general circulation in the county where the contract is to be	13371
performed, ~~his~~the director's intent to request proposals for the	13372
implementation of the energy or water saving measures. The notice	13373
shall invite interested parties to submit proposals for	13374
consideration and shall be published at least thirty days prior to	13375
the date for accepting proposals.	13376

(B) Upon receiving the proposals, the director shall analyze	13377
them and, after considering the cost estimates of each proposal	13378
and the availability of funds to pay for each with current	13379
appropriations or by financing the cost of each through an	13380
installment payment contract under section 156.04 of the Revised	13381
Code, may select one or more proposals or reject all proposals. In	13382
selecting proposals, the director shall select the one or more	13383
proposals most likely to result in the greatest savings when the	13384
cost of the proposal is compared to the reduced energy and	13385
operating costs that will result from implementing the proposal.	13386
However, in the case of a state institution of higher education	13387
pursuant to division (B) of section 156.02 of the Revised Code,	13388
the director shall select the one or more proposals most likely	13389
to result in the greatest energy, water, or wastewater savings,	13390
operating costs savings, and avoided capital costs created.	13391

(C)(1) No contract shall be awarded to implement energy	13392
saving measures under this section, other than in the case of a	13393
state institution of higher education, unless the director finds	13394
that one or both of the following circumstances exists, as	13395
applicable:	13396

~~(A)~~(a) In the case of a contract for a cogeneration system	13397
described in division (H) of section 156.01 of the Revised Code,	13398
the cost of the contract is not likely to exceed the amount of	13399
money that would be saved in energy and operating costs over no	13400
more than five years;	13401

~~(B)~~(b) In the case of any contract for any energy saving	13402
measure other than a cogeneration system, the cost of the contract	13403
is not likely to exceed the amount of money that would be saved in	13404
energy and operating costs over no more than ten years.	13405

(2) In the case of a state institution of higher education	13406
pursuant to division (B) of section 156.02 of the Revised Code, no	13407
contract shall be awarded to implement energy or water saving	13408
measures for the institution under this section unless the	13409
director finds that both of the following circumstances exists:	13410

(a) Not less than one-fifteenth of the costs of the contract	13411
shall be paid within two years from the date of purchase;	13412

(b) The remaining balance of the cost of the contract shall	13413
be paid within fifteen years from the date of purchase.	13414

Sec. 156.04. (A) In accordance with this section and section	13415
156.03 of the Revised Code, the director of administrative	13416
services may enter into an installment payment contract for the	13417
implementation of one or more energy or water saving measures. If	13418
the director wishes an installment payment contract to be exempted	13419
from Chapter 153. of the Revised Code, the director shall proceed	13420
pursuant to section 156.03 of the Revised Code.	13421

(B)(1) Any installment payment contract under this section,	13422
other than in the case of a state institution of higher education,	13423
for one or more energy saving measures shall provide that all	13424
payments, except payments for repairs and obligations on	13425
termination of the contract prior to its expiration, are to be a	13426
stated percentage of calculated savings of energy and operating	13427
costs attributable to the one or more measures over a defined	13428
period of time and are to be made only to the extent that those	13429
savings actually occur. No such contract shall contain any of the	13430
following:	13431

~~(1)~~(a) A requirement of any additional capital investment or	13432
contribution of funds, other than funds available from state or	13433
federal grants;	13434

~~(2)~~(b) In the case of a contract for an energy saving measure	13435
that is a cogeneration system described in division (H) of section	13436
156.01 of the Revised Code, a payment term longer than five years;	13437

~~(3)~~(c) In the case of a contract for any energy saving	13438
measure that is not a cogeneration system, a payment term longer	13439
than ten years.	13440

(2) Any installment payment contract under this section for	13441
one or more energy or water saving measures for a state	13442
institution of higher education pursuant to division (B) of	13443
section 156.02 of the Revised Code, shall provide that all	13444
payments, except payments for repairs and obligations on	13445
termination of the contract prior to its expiration, are to be a	13446
stated percentage of calculated energy, water, or wastewater cost	13447
savings, operating costs, and avoided capital costs attributable	13448
to the one or more measures over a defined period of time and are	13449
to be made only to the extent that those calculated amounts	13450
actually occur. No such contract shall contain either of the	13451
following:	13452

(a) A requirement of any additional capital investment or	13453
contribution of funds, other than funds available from state or	13454
federal grants;	13455

(b) A payment term longer than fifteen years.

13456

(C) Any installment payment contract entered into under this	13457
section shall terminate no later than the last day of the fiscal	13458
biennium for which funds have been appropriated to the department	13459
of administrative services by the general assembly and shall be	13460
renewed in each succeeding fiscal biennium in which any balance of	13461
the contract remains unpaid, provided that both an appropriation	13462
for that succeeding fiscal biennium and the certification required	13463
by section 126.07 of the Revised Code are made.	13464

Sec. 166.07. (A) The director of development, with the	13465
approval of the controlling board and subject to the other	13466
applicable provisions of this chapter, may lend moneys in the	13467
facilities establishment fund to persons for the purpose of paying	13468
allowable costs of an eligible project if the director determines	13469
that:	13470

(1) The project is an eligible project and is economically	13471
sound;	13472

(2) The borrower is unable to finance the necessary allowable	13473
costs through ordinary financial channels upon comparable terms;	13474

(3) The amount to be lent from the facilities establishment	13475
fund will not exceed seventy-five per cent of the total allowable	13476
costs of the eligible project, except that if any part of the	13477
amount to be lent from the facilities establishment fund is	13478
derived from the issuance and sale of project financing	13479
obligations the amount to be lent will not exceed ninety per cent	13480
of the total allowable costs of the eligible project;	13481

(4) The eligible project could not be achieved in the local	13482
area in which it is to be located if the portion of the project to	13483
be financed by the loan instead were to be financed by a loan	13484
guaranteed under section 166.06 of the Revised Code;	13485

(5) The repayment of the loan from the facilities	13486
establishment fund will be adequately secured by a mortgage,	13487
assignment, pledge, or lien provided for under section 9.661 of	13488
the Revised Code, at such level of priority as the director may	13489
require;	13490

(6) The borrower will hold at least a ten per cent equity	13491
interest in the eligible project at the time the loan is made.	13492

(B) The determinations of the director under division (A) of	13493
this section shall be conclusive for purposes of the validity of a	13494
loan commitment evidenced by a loan agreement signed by the	13495
director.	13496

(C) In furtherance of the public policy of this chapter,	13497
there is hereby established the micro-lending program for the	13498
purpose of paying the allowable costs of eligible projects of	13499
eligible small businesses. From any amount of the facilities	13500
establishment fund that the general assembly designates for the	13501
purpose of the micro-lending program, the director of development	13502
shall, either directly or indirectly, make loans under this	13503
section to eligible small businesses. The director shall	13504
establish eligibility criteria and loan terms for the program	13505
that supplement eligibility criteria and loan terms otherwise	13506
prescribed for loans under this section, and may prescribe	13507
reduced service charges and fees. For the purpose of lending	13508
under the micro-lending program, the director of development	13509
shall give precedence to projects of eligible small businesses	13510
that foster the development of small entrepreneurial enterprises,	13511
notwithstanding the considerations prescribed by divisions	13512
(A)(1)(a) and (b) of section 166.05 of the Revised Code to the	13513
extent those considerations otherwise may have the effect of	13514
disqualifying projects of eligible small businesses. The director	13515
may enter into agreements with for-profit or non-profit	13516
organizations in this state to originate and administer loans made	13517
under the micro-lending program.	13518

(D) Fees, charges, rates of interest, times of payment of	13519
interest and principal, and other terms, conditions, and	13520
provisions of and security for loans made from the facilities	13521
establishment fund pursuant to this section shall be such as the	13522
director determines to be appropriate and in furtherance of the	13523
purpose for which the loans are made. The moneys used in making	13524
such loans shall be disbursed from the facilities establishment	13525
fund upon order of the director. The director shall give special	13526
consideration in setting the required job creation ratios and	13527
interest rates for loans that are for voluntary actions.	13528

~~(D)~~(E) The director may take actions necessary or appropriate	13529
to collect or otherwise deal with any loan made under this	13530
section, including any action authorized by section 9.661 of the	13531
Revised Code.	13532

~~(E)~~(F) The director may fix service charges for the making of	13533
a loan. Such charges shall be payable at such times and place and	13534
in such amounts and manner as may be prescribed by the director.	13535

Sec. 169.08. (A) Any person claiming a property interest in	13536
unclaimed funds delivered or reported to the state under Chapter	13537
169. of the Revised Code, including the office of child support in	13538
the department of job and family services, pursuant to section	13539
3123.88 of the Revised Code, may file a claim thereto on the form	13540
prescribed by the director of commerce.	13541

(B) The director shall consider matters relevant to any claim	13542
filed under division (A) of this section and shall hold a formal	13543
hearing if requested or considered necessary and receive evidence	13544
concerning such claim. A finding and decision in writing on each	13545
claim filed shall be prepared, stating the substance of any	13546
evidence received or heard and the reasons for allowance or	13547
disallowance of the claim. The evidence and decision shall be a	13548
public record. No statute of limitations shall bar the allowance	13549
of a claim.	13550

(C) For the purpose of conducting any hearing, the director	13551
may require the attendance of such witnesses and the production of	13552
such books, records, and papers as the director desires, and the	13553
director may take the depositions of witnesses residing within or	13554
without this state in the same manner as is prescribed by law for	13555
the taking of depositions in civil actions in the court of common	13556
pleas, and for that purpose the director may issue a subpoena for	13557
any witness or a subpoena duces tecum to compel the production of	13558
any books, records, or papers, directed to the sheriff of the	13559
county where such witness resides or is found, which shall be	13560
served and returned. The fees of the sheriff shall be the same as	13561
that allowed in the court of common pleas in criminal cases.	13562
Witnesses shall be paid the fees and mileage provided for under	13563
section 119.094 of the Revised Code. Fees and mileage shall be	13564
paid from the unclaimed funds trust fund.	13565

(D) Interest is not payable to claimants of unclaimed funds	13566
held by the state. Claims shall be paid from the trust fund. If	13567
the amount available in the trust fund is not sufficient to pay	13568
pending claims, or other amounts disbursable from the trust fund,	13569
the treasurer of state shall certify such fact to the director,	13570
who shall then withdraw such amount of funds from the mortgage	13571
accounts as the director determines necessary to reestablish the	13572
trust fund to a level required to pay anticipated claims but not	13573
more than ten per cent of the net unclaimed funds reported to	13574
date.	13575

The director ~~shall retain in the trust fund, as a fee for~~	13576
~~administering the funds, five per cent of the total amount of~~	13577
~~unclaimed funds payable to the claimant and~~ may withdraw the funds	13578
paid to the director by the holders and deposited by the director	13579
with the treasurer of state or in a financial institution as agent	13580
for such funds. Whenever these funds are inadequate to meet the	13581
requirements for the trust fund, the director shall provide for a	13582
withdrawal of funds, within a reasonable time, in such amount as	13583
is necessary to meet the requirements, from financial institutions	13584
in which such funds were retained or placed by a holder and from	13585
other holders who have retained funds, in an equitable manner as	13586
prescribed by the director. In the event that the amount to be	13587
withdrawn from any one such holder is less than five hundred	13588
dollars, the amount to be withdrawn shall be at the discretion of	13589
the director. Such funds may be reimbursed in the amounts	13590
withdrawn when the trust fund has a surplus over the amount	13591
required to pay anticipated claims. Whenever the trust fund has a	13592
surplus over the amount required to pay anticipated claims, the	13593
director may transfer such surplus to the mortgage accounts.	13594

(E) If a claim which is allowed under this section relates to	13595
funds which have been retained by the reporting holder, and if the	13596
funds, on deposit with the treasurer of state pursuant to this	13597
chapter, are insufficient to pay claims, the director may notify	13598
such holder in writing of the payment of the claim and such holder	13599
shall immediately reimburse the state in the amount of such claim.	13600
The reimbursement shall be credited to the unclaimed funds trust	13601
fund.	13602

(F) Any person, including the office of child support,	13603
adversely affected by a decision of the director may appeal such	13604
decision in the manner provided in Chapter 119. of the Revised	13605
Code.	13606

In the event the claimant prevails, the claimant shall be	13607
reimbursed for reasonable attorney's fees and costs.	13608

(G) Notwithstanding anything to the contrary in this chapter,	13609
any holder who has paid moneys to or entered into an agreement	13610
with the director pursuant to section 169.05 of the Revised Code	13611
on certified checks, cashiers' checks, bills of exchange, letters	13612
of credit, drafts, money orders, or travelers' checks, may make	13613
payment to any person entitled thereto, including the office of	13614
child support, and upon surrender of the document, except in the	13615
case of travelers' checks, and proof of such payment, the director	13616
shall reimburse the holder for such payment without interest.	13617

Sec. 173.08. (A) The resident services coordinator program is	13618
established in the department of aging to fund resident services	13619
coordinators. The coordinators shall provide information to	13620
low-income and special-needs tenants, including the elderly, who	13621
live in financially assisted rental housing complexes, and assist	13622
those tenants in identifying and obtaining community and program	13623
services and other benefits for which they are eligible.	13624

(B) The resident services coordinator program fund is hereby	13625
created in the state treasury to support the resident services	13626
coordinator program established pursuant to this section. The fund	13627
consists of all moneys the department of development sets aside	13628
pursuant to division (A)~~(4)~~(3) of section 174.02 of the Revised	13629
Code and moneys the general assembly appropriates to the fund.	13630

Sec. 173.28. (A)(1) As used in this division, "incident"	13631
means the occurrence of a violation with respect to a resident or	13632
recipient, as those terms are defined in section 173.14 of the	13633
Revised Code. A violation is a separate incident for each day it	13634
occurs and for each resident who is subject to it.	13635

In lieu of the fine that may be imposed under division (A) of	13636
section 173.99 of the Revised Code, the director of aging may,	13637
under Chapter 119. of the Revised Code, fine a long-term care	13638
provider or other entity, or a person employed by a long-term care	13639
provider or other entity, for a violation of division (C) of	13640
section 173.24 of the Revised Code. The fine shall not exceed one	13641
thousand dollars per incident.	13642

(2) In lieu of the fine that may be imposed under division	13643
(C) of section 173.99 of the Revised Code, the director may, under	13644
Chapter 119. of the Revised Code, fine a long-term care provider	13645
or other entity, or a person employed by a long-term care provider	13646
or other entity, for violating division (E) of section 173.19 of	13647
the Revised Code by denying a representative of the office of the	13648
state long-term care ombudsperson program the access required by	13649
that division. The fine shall not exceed five hundred dollars for	13650
each day the violation continued.	13651

(B) On request of the director, the attorney general shall	13652
bring and prosecute to judgment a civil action to collect any fine	13653
imposed under division (A)(1) or (2) of this section that remains	13654
unpaid thirty days after the violator's final appeal is exhausted.	13655

(C) All fines collected under this section shall be deposited	13656
into the state treasury to the credit of the state long-term care	13657
ombudsperson program fund created under section 173.26 of the	13658
Revised Code.	13659

Sec. 173.35. (A) As used in this section, "PASSPORT	13660
administrative agency" means an entity under contract with the	13661
department of aging to provide administrative services regarding	13662
the PASSPORT program created under section 173.40 of the Revised	13663
Code.	13664

(B) The department of aging shall administer the residential	13665
state supplement program under which the state supplements the	13666
supplemental security income payments received by aged, blind, or	13667
disabled adults under Title XVI of the "Social Security Act," 49	13668
Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state	13669
supplement payments shall be used for the provision of	13670
accommodations, supervision, and personal care services to	13671
supplemental security income recipients who the department	13672
determines are at risk of needing institutional care.	13673

(C) For an individual to be eligible for residential state	13674
supplement payments, all of the following must be the case:	13675

(1) Except as provided by division (G) of this section, the	13676
individual must reside in one of the following:	13677

(a) An adult foster home certified under section 173.36 of	13678
the Revised Code;	13679

(b) A home or facility, other than a nursing home or nursing	13680
home unit of a home for the aging, licensed by the department of	13681
health under Chapter 3721. or 3722. of the Revised Code and	13682
certified in accordance with standards established by the director	13683
of aging under division (D)(2) of this section;	13684

(c) ~~A community alternative home licensed under section~~	13685
~~3724.03 of the Revised Code and certified in accordance with~~	13686
~~standards established by the director of aging under division~~	13687
~~(D)(2) of this section;~~	13688

~~(d)~~ A residential facility as defined in division	13689
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	13690
the department of mental health and certified in accordance with	13691
standards established by the director of aging under division	13692
(D)(2) of this section;	13693

~~(e)~~(d) An apartment or room used to provide community mental	13694
health housing services certified by the department of mental	13695
health under section 5119.611 of the Revised Code and approved by	13696
a board of alcohol, drug addiction, and mental health services	13697
under division (A)(14) of section 340.03 of the Revised Code and	13698
certified in accordance with standards established by the director	13699
of aging under division (D)(2) of this section.	13700

(2) Effective July 1, 2000, a PASSPORT administrative agency	13701
must have determined that the environment in which the individual	13702
will be living while receiving the payments is appropriate for the	13703
individual's needs. If the individual is eligible for supplemental	13704
security income payments or social security disability insurance	13705
benefits because of a mental disability, the PASSPORT	13706
administrative agency shall refer the individual to a community	13707
mental health agency for the community mental health agency to	13708
issue in accordance with section 340.091 of the Revised Code a	13709
recommendation on whether the PASSPORT administrative agency	13710
should determine that the environment in which the individual will	13711
be living while receiving the payments is appropriate for the	13712
individual's needs. Division (C)(2) of this section does not apply	13713
to an individual receiving residential state supplement payments	13714
on June 30, 2000, until the individual's first eligibility	13715
redetermination after that date.	13716

(3) The individual satisfies all eligibility requirements	13717
established by rules adopted under division (D) of this section.	13718

(D)(1) The directors of aging and job and family services	13719
shall adopt rules in accordance with section 111.15 of the Revised	13720
Code as necessary to implement the residential state supplement	13721
program.	13722

To the extent permitted by Title XVI of the "Social Security	13723
Act," and any other provision of federal law, the director of job	13724
and family services shall adopt rules establishing standards for	13725
adjusting the eligibility requirements concerning the level of	13726
impairment a person must have so that the amount appropriated for	13727
the program by the general assembly is adequate for the number of	13728
eligible individuals. The rules shall not limit the eligibility of	13729
disabled persons solely on a basis classifying disabilities as	13730
physical or mental. The director of job and family services also	13731
shall adopt rules that establish eligibility standards for aged,	13732
blind, or disabled individuals who reside in one of the homes or	13733
facilities specified in division (C)(1) of this section but who,	13734
because of their income, do not receive supplemental security	13735
income payments. The rules may provide that these individuals may	13736
include individuals who receive other types of benefits,	13737
including, social security disability insurance benefits provided	13738
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	13739
42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this	13740
section, such payments may be made if funds are available for	13741
them.	13742

The director of aging shall adopt rules establishing the	13743
method to be used to determine the amount an eligible individual	13744
will receive under the program. The amount the general assembly	13745
appropriates for the program shall be a factor included in the	13746
method that department establishes.	13747

(2) The director of aging shall adopt rules in accordance	13748
with Chapter 119. of the Revised Code establishing standards for	13749
certification of living facilities described in division (C)(1) of	13750
this section.	13751

The directors of aging and mental health shall enter into an	13752
agreement to certify facilities that apply for certification and	13753
meet the standards established by the director of aging under this	13754
division.	13755

(E) The county department of job and family services of the	13756
county in which an applicant for the residential state supplement	13757
program resides shall determine whether the applicant meets income	13758
and resource requirements for the program.	13759

(F) The department of aging shall maintain a waiting list of	13760
any individuals eligible for payments under this section but not	13761
receiving them because moneys appropriated to the department for	13762
the purposes of this section are insufficient to make payments to	13763
all eligible individuals. An individual may apply to be placed on	13764
the waiting list even though the individual does not reside in one	13765
of the homes or facilities specified in division (C)(1) of this	13766
section at the time of application. The director of aging, by	13767
rules adopted in accordance with Chapter 119. of the Revised	13768
Code, shall specify procedures and requirements for placing an	13769
individual on the waiting list and priorities for the order in	13770
which individuals placed on the waiting list are to begin to	13771
receive residential state supplement payments. The rules	13772
specifying priorities may give priority to individuals placed on	13773
the waiting list on or after July 1, 2006, who receive	13774
supplemental security income benefits under Title XVI of the	13775
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as	13776
amended. The rules shall not affect the place on the waiting list	13777
of any person who was on the list on July 1, 2006. The rules	13778
specifying priorities may also set additional priorities based on	13779
living arrangement, such as whether an individual resides in a	13780
facility listed in division (C)(1) of this section or has been	13781
admitted to a nursing facility.	13782

(G) An individual in a licensed or certified living	13783
arrangement receiving state supplementation on November 15, 1990,	13784
under former section 5101.531 of the Revised Code shall not become	13785
ineligible for payments under this section solely by reason of the	13786
individual's living arrangement as long as the individual remains	13787
in the living arrangement in which the individual resided on	13788
November 15, 1990.	13789

(H) The department of aging shall notify each person denied	13790
approval for payments under this section of the person's right to	13791
a hearing. On request, the hearing shall be provided by the	13792
department of job and family services in accordance with section	13793
5101.35 of the Revised Code.	13794

Sec. 173.392. (A) The department of aging may pay a person or	13795
government entity for providing community-based long-term care	13796
services under a program the department administers, even though	13797
the person or government entity is not certified under section	13798
173.391 of the Revised Code, if all of the following are the case:	13799

(1) The person or government entity has a contract with the	13800
department of aging or the department's designee to provide the	13801
services in accordance with the contract or has received a grant	13802
from the department or its designee to provide the services in	13803
accordance with a grant agreement;	13804

(2) The contract or grant agreement includes detailed	13805
conditions of participation for providers of services under a	13806
program the department administers and service standards that the	13807
person or government entity is required to satisfy;	13808

(3) The person or government entity complies with the	13809
contract or grant agreement;	13810

(4) The contract or grant is not for medicaid-funded	13811
services, other than services provided under the PACE program	13812
administered by the department of aging under section 173.50 of	13813
the Revised Code.	13814

(B) The director of aging shall adopt rules in accordance	13815
with Chapter 119. of the Revised Code governing both of the	13816
following:	13817

(1) Contracts and grant agreements between the department of	13818
aging or its designee and persons and government entities	13819
regarding community-based long-term care services provided under a	13820
program the department administers;	13821

(2) The department's payment for community-based long-term	13822
care services ~~provided~~ under ~~such a contract~~this section.	13823

Sec. 173.40. ~~There~~As used in sections 173.40 and 173.401 of	13824
the Revised Code, "PASSPORT program" means the program created	13825
under this section.	13826

There is hereby created ~~a medicaid waiver component, as~~	13827
~~defined in section 5111.85 of the Revised Code, to be known as~~ the	13828
preadmission screening system providing options and resources	13829
today program, or PASSPORT. The PASSPORT program shall provide	13830
home and community-based services as an alternative to nursing	13831
facility placement for aged and disabled medicaid recipients. The	13832
program shall be operated ~~pursuant to a home and community-based~~	13833
as a separate medicaid waiver ~~granted by~~component, as defined in	13834
section 5111.85 of the Revised Code, until the United States	13835
secretary of health and human services approves the consolidated	13836
federal medicaid waiver sought under section ~~1915 of the "Social~~	13837
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396n, as amended~~	13838
5111.861 of the Revised Code. The program shall be part of the	13839
consolidated federal medicaid waiver sought under that section if	13840
the United States secretary approves the waiver. The department of	13841
aging shall administer the program through a contract entered into	13842
with the department of job and family services under section	13843
5111.91 of the Revised Code. The director of job and family	13844
services shall adopt rules under section 5111.85 of the Revised	13845
Code and the director of aging shall adopt rules in accordance	13846
with Chapter 119. of the Revised Code to implement the program.	13847

Sec. 173.401. (A) As used in this section:

13848

"Area agency on aging" has the same meaning as in section	13849
173.14 of the Revised Code.	13850

"Long-term care consultation program" means the program the	13851
department of aging is required to develop under section 173.42 of	13852
the Revised Code.	13853

"Long-term care consultation program administrator" or	13854
"administrator" means the department of aging or, if the	13855
department contracts with an area agency on aging or other entity	13856
to administer the long-term care consultation program for a	13857
particular area, that agency or entity.	13858

"Nursing facility" has the same meaning as in section 5111.20	13859
of the Revised Code.	13860

~~"PASSPORT program" means the program created under section~~	13861
~~173.40 of the Revised Code.~~	13862

"PASSPORT waiver" means the federal medicaid waiver granted	13863
by the United States secretary of health and human services that	13864
authorizes the PASSPORT program.	13865

(B) The director of job and family services shall submit to	13866
the United States secretary of health and human services an	13867
amendment to the PASSPORT waiver that authorizes additional	13868
enrollments in the PASSPORT program pursuant to this section.	13869
Beginning with the month following the month in which the United	13870
States secretary approves the amendment and each month thereafter,	13871
each area agency on aging shall determine whether individuals who	13872
reside in the area that the area agency on aging serves and are on	13873
a waiting list for the PASSPORT program have been admitted to a	13874
nursing facility. If an area agency on aging determines that such	13875
an individual has been admitted to a nursing facility, the agency	13876
shall notify the long-term care consultation program administrator	13877
serving the area in which the individual resides about the	13878
determination. The administrator shall determine whether the	13879
PASSPORT program is appropriate for the individual and whether the	13880
individual would rather participate in the PASSPORT program than	13881
continue residing in the nursing facility. If the administrator	13882
determines that the PASSPORT program is appropriate for the	13883
individual and the individual would rather participate in the	13884
PASSPORT program than continue residing in the nursing facility,	13885
the administrator shall so notify the department of aging. On	13886
receipt of the notice from the administrator, the department of	13887
aging shall approve the individual's enrollment in the PASSPORT	13888
program regardless of the PASSPORT program's waiting list and even	13889
though the enrollment causes enrollment in the program to exceed	13890
the limit that would otherwise apply. Each quarter, the department	13891
of aging shall certify to the director of budget and management	13892
the estimated increase in costs of the PASSPORT program resulting	13893
from enrollment of individuals in the PASSPORT program pursuant to	13894
this section.	13895

~~(C) Not later than the last day of each calendar year, the~~	13896
~~director of job and family services shall submit to the general~~	13897
~~assembly a report regarding the number of individuals enrolled in~~	13898
~~the PASSPORT program pursuant to this section and the costs~~	13899
~~incurred and savings achieved as a result of the enrollments.~~	13900

Sec. 173.402. "Choices program" means the program created	13901
under this section.	13902

There is hereby created the choices program. The program	13903
shall provide home and community-based services. The choices	13904
program shall be operated as a separate medicaid waiver component,	13905
as defined in section 5111.85 of the Revised Code, until the	13906
United States secretary of health and human services approves the	13907
consolidated federal medicaid waiver sought under section 5111.861	13908
of the Revised Code. The program shall be part of the consolidated	13909
federal medicaid waiver sought under that section if the United	13910
States secretary approves the waiver. The department of aging	13911
shall administer the program through a contract entered into with	13912
the department of job and family services under section 5111.91 of	13913
the Revised Code. Subject to federal approval, the program shall	13914
be available statewide.	13915

Sec. 173.403. As used in this section, "medicaid waiver	13916
component" has the same meaning as in section 5111.85 of the	13917
Revised Code.	13918

An individual enrolled in a medicaid waiver component the	13919
department of aging administers may not receive any of the	13920
following medicaid state plan services unless the services are	13921
provided in conjunction with medicaid case management services	13922
provided to the individual:	13923

(A) Home health services;

13924

(B) Private duty nursing services;

13925

13926

(D) Services of a clinical nurse specialist;

13927

(E) Services of a certified nurse practitioner.

13928

Sec. 173.42. (A) As used in ~~this section~~sections 173.42 to	13929
173.434 of the Revised Code:	13930

(1) "Area agency on aging" means a public or private	13931
nonprofit entity designated under section 173.011 of the Revised	13932
Code to administer programs on behalf of the department of aging.	13933

(2) "Department of aging-administered medicaid waiver	13934
component" means each of the following:	13935

(a) The PASSPORT program created under section 173.40 of the	13936
Revised Code;	13937

(b) The choices program created under section 173.402 of the	13938
Revised Code;	13939

(c) The assisted living program created under section 5111.89	13940
of the Revised Code;	13941

(d) Any other medicaid waiver component, as defined in	13942
section 5111.85 of the Revised Code, that the department of aging	13943
administers pursuant to an interagency agreement with the	13944
department of job and family services under section 5111.91 of the	13945
Revised Code.	13946

(3) "Home and community-based services covered by medicaid	13947
components the department of aging administers" means all of the	13948
following:	13949

(a) Medicaid waiver services available to a participant in a	13950
department of aging-administered medicaid waiver component;	13951

(b) The following medicaid state plan services available to a	13952
participant in a department of aging-administered medicaid waiver	13953
component as specified in rules adopted under section 5111.02 of	13954
the Revised Code:	13955

(i) Home health services;

13956

(ii) Private duty nursing services;

13957

(iii) Durable medical equipment;

13958

(iv) Services of a clinical nurse specialist;

13959

(v) Services of a certified nurse practitioner.

13960

13961

(4) "Long-term care consultation" or "consultation" means the	13962
~~process used to provide services under~~consultation service made	13963
available by the department of aging or a program administrator	13964
through the long-term care consultation program established	13965
pursuant to this section~~, including, but not limited to, such~~	13966
~~services as the provision of information about long-term care~~	13967
~~options and costs, the assessment of an individual's functional~~	13968
~~capabilities, and the conduct of all or part of the reviews,~~	13969
~~assessments, and determinations specified in sections 5111.202,~~	13970
~~5111.204, 5119.061, and 5123.021 of the Revised Code and the~~	13971
~~rules adopted under those sections~~.	13972

~~(3)~~(5) "Medicaid" means the medical assistance program	13973
established under Chapter 5111. of the Revised Code.	13974

~~(4)~~(6) "Nursing facility" has the same meaning as in section	13975
5111.20 of the Revised Code.	13976

~~(5)~~(7) "PACE program" means the component of the medicaid	13977
program the department of aging administers pursuant to section	13978
173.50 of the Revised Code.	13979

(8) "Program administrator" means an area agency on aging or	13980
other entity under contract with the department of aging to	13981
administer the long-term care consultation program in a geographic	13982
region specified in the contract.	13983

(9) "Representative" means a person acting on behalf of an	13984
individual ~~seeking a long-term care consultation, applying for~~	13985
~~admission to a nursing facility, or residing in a nursing~~	13986
~~facility~~specified in division (G) of this section. A	13987
representative may be a family member, attorney, hospital social	13988
worker, or any other person chosen to act on behalf of the	13989
individual.	13990

(B) The department of aging shall develop a long-term care	13991
consultation program whereby individuals or their representatives	13992
are provided with long-term care consultations and receive through	13993
these professional consultations information about options	13994
available to meet long-term care needs and information about	13995
factors to consider in making long-term care decisions. The	13996
long-term care consultations provided under the program may be	13997
provided at any appropriate time, as permitted or required under	13998
this section and the rules adopted under it, including either	13999
prior to or after the individual who is the subject of a	14000
consultation has been admitted to a nursing facility or granted	14001
assistance in receiving home and community-based services covered	14002
by medicaid components the department of aging administers.	14003

(C)(1) The long-term care consultation program shall be	14004
administered by the department of aging, except that the	14005
department may ~~enter into a contract with an area agency on aging~~	14006
~~or other entity selected by the department under which the program~~	14007
~~for a particular area is administered by the area agency on aging~~	14008
~~or other entity pursuant to the contract~~have the program	14009
administered on a regional basis by one or more program	14010
administrators. The department and each program administrator	14011
shall administer the program in such a manner that all of the	14012
following are included:	14013

(a) Coordination and collaboration with respect to all	14014
available funding sources for long-term care services;	14015

(b) Assessments of individuals regarding their long-term care	14016
service needs;	14017

(c) Assessments of individuals regarding their on-going	14018
eligibility for long-term care services;	14019

(d) Procedures for assisting individuals in obtaining access	14020
to, and coordination of, health and supportive services;	14021

(e) Procedures for monitoring the quality of long-term care	14022
services and supports and the health and welfare of individuals	14023
receiving long-term care services and supports;	14024

(f) Priorities for using available resources efficiently and	14025
effectively.	14026

(2) The procedures specified in division (C)(1)(e) of this	14027
section shall include procedures for assessing the extent to which	14028
long-term care services and supports are provided in a culturally	14029
competent manner.	14030

(D) The program's long-term care consultations ~~provided for~~	14031
~~purposes of the program~~ shall be provided by individuals	14032
certified by the department under section ~~173.43~~173.422 of the	14033
Revised Code.	14034

(E) The information provided through a long-term care	14035
consultation shall be appropriate to the individual's needs and	14036
situation and shall address all of the following:	14037

(1) The availability of any long-term care options open to	14038
the individual;	14039

(2) Sources and methods of both public and private payment	14040
for long-term care services;	14041

(3) Factors to consider when choosing among the available	14042
programs, services, and benefits;	14043

(4) Opportunities and methods for maximizing independence and	14044
self-reliance, including support services provided by the	14045
individual's family, friends, and community.	14046

(F) An individual's long-term care consultation may include	14047
an assessment of the individual's functional capabilities. The	14048
consultation may incorporate portions of the determinations	14049
required under sections 5111.202, 5119.061, and 5123.021 of the	14050
Revised Code and may be provided concurrently with the assessment	14051
required under section 5111.204 of the Revised Code.	14052

(G)(1) Unless an exemption specified in division (I) of this	14053
section is applicable, each ~~individual in~~of the following	14054
~~categories~~ shall be provided with a long-term care consultation:	14055

(a) ~~Individuals~~An individual who ~~apply~~applies or ~~indicate~~	14056
indicates an intention to apply for admission to a nursing	14057
facility, regardless of the source of payment to be used for	14058
~~their~~the individual's care in a nursing facility;	14059

(b) ~~Nursing facility residents who apply or indicate an~~	14060
~~intention to apply for medicaid;~~	14061

~~(c) Nursing facility residents who are likely to spend down~~	14062
~~their resources within six months after admission to a nursing~~	14063
~~facility to a level at which they are financially eligible for~~	14064
~~medicaid;~~	14065

~~(d) Individuals~~An individual who ~~request~~requests a	14066
long-term care consultation;	14067

(c) An individual identified by the department or a program	14068
administrator as being likely to benefit from a long-term care	14069
consultation.	14070

(2) In addition to the individuals ~~included in the categories~~	14071
specified in division (G)(1) of this section, a long-term care	14072
~~consultations~~consultation may be provided to a nursing facility	14073
~~residents who have not applied and have not indicated an~~	14074
~~intention to apply for medicaid~~resident regardless of the source	14075
of payment being used for the resident's care in the nursing	14076
facility. ~~The purpose of the consultations provided to these~~	14077
~~individuals shall be to determine continued need for nursing~~	14078
~~facility services, to provide information on alternative services,~~	14079
~~and to make referrals to alternative services.~~	14080

(H)(1) ~~When~~Except as provided in division (H)(2) or (3) of	14081
this section, a long-term care consultation ~~is required to be~~	14082
provided pursuant to division (G)~~(1)~~ of this section~~, the~~	14083
~~consultation~~ shall be provided as follows ~~or pursuant to division~~	14084
~~(H)(2) or (3) of this section~~:	14085

(a) If the individual for whom the consultation is being	14086
provided has applied for medicaid and the consultation is being	14087
provided concurrently with the assessment required under section	14088
5111.204 of the Revised Code, the consultation shall be completed	14089
in accordance with the applicable time frames specified in that	14090
section for providing a level of care determination based on the	14091
assessment.	14092

(b) In all other cases, the consultation shall be provided	14093
not later than five calendar days after the department or ~~the~~	14094
program administrator ~~under contract with the department~~ receives	14095
notice of the reason for which the consultation is ~~required~~ to be	14096
provided pursuant to division (G)~~(1)~~ of this section.	14097

(2) An individual or the individual's representative may	14098
request that a long-term care consultation be provided on a date	14099
that is later than the date required under division (H)(1)(a) or	14100
(b) of this section.	14101

(3) If a long-term care consultation cannot be completed	14102
within the number of days required by division (H)(1) or (2) of	14103
this section, the department or ~~the~~ program administrator ~~under~~	14104
~~contract with the department~~ may do any of the following:	14105

(a) ~~Exempt~~In the case of an individual specified in division	14106
(G)(1) of this section, exempt the individual from the	14107
consultation pursuant to rules that may be adopted under division	14108
(L) of this section;	14109

(b) In the case of an applicant for admission to a nursing	14110
facility, provide the consultation after the individual is	14111
admitted to the nursing facility;	14112

(c) In the case of a resident of a nursing facility, provide	14113
the consultation as soon as practicable.	14114

(I) An individual is not required to be provided a long-term	14115
care consultation under division (G)(1) of this section if any of	14116
the following apply:	14117

(1) The department or program administrator has attempted to	14118
provide the consultation, but the individual or the individual's	14119
representative ~~chooses to forego participation in the consultation~~	14120
~~pursuant to criteria specified in rules adopted under division (L)~~	14121
~~of this section~~refuses to cooperate;	14122

(2) The individual is to receive care in a nursing facility	14123
under a contract for continuing care as defined in section 173.13	14124
of the Revised Code;	14125

(3) The individual has a contractual right to admission to a	14126
nursing facility operated as part of a system of continuing care	14127
in conjunction with one or more facilities that provide a less	14128
intensive level of services, including a residential care facility	14129
licensed under Chapter 3721. of the Revised Code, an adult care	14130
facility licensed under Chapter 3722. of the Revised Code, or an	14131
independent living arrangement;	14132

(4) The individual is to receive continual care in a home for	14133
the aged exempt from taxation under section 5701.13 of the Revised	14134
Code;	14135

(5) The individual is seeking admission to a facility that is	14136
not a nursing facility with a provider agreement under section	14137
5111.22, 5111.671, or 5111.672 of the Revised Code;	14138

(6) ~~The individual is to be transferred from another nursing~~	14139
~~facility;~~	14140

~~(7) The individual is to be readmitted to a nursing facility~~	14141
~~following a period of hospitalization;~~	14142

~~(8)~~ The individual is exempted from the long-term care	14143
consultation requirement by the department or the program	14144
administrator pursuant to rules that may be adopted under division	14145
(L) of this section.	14146

(J) ~~At the conclusion of an individual's~~As part of the	14147
long-term care consultation program, the department or ~~the~~	14148
program administrator ~~under contract with the department~~ shall	14149
~~providethe~~assist an individual or individual's representative	14150
~~with a written summary of options and resources available to~~	14151
~~meet the individual's needs~~in accessing all sources of care and	14152
services that are appropriate for the individual and for which	14153
the individual is eligible, including all available home and	14154
community-based services covered by medicaid components the	14155
department of aging administers. ~~Even though the summary may~~	14156
~~specify that a source of long-term care other than care in a~~	14157
~~nursing facility is appropriate and available, the individual is~~	14158
~~not required to seek an alternative source of long-term care~~	14159
~~and may be admitted to or continue to reside in a nursing~~	14160
~~facility~~The assistance shall include providing for the conduct	14161
of assessments or other evaluations and the development of	14162
individualized plans of care or services under section 173.424 of	14163
the Revised Code.	14164

(K) No nursing facility for which an operator has a provider	14165
agreement under section 5111.22, 5111.671, or 5111.672 of the	14166
Revised Code shall admit ~~or retain~~ any individual as a resident,	14167
unless the nursing facility has received evidence that a	14168
long-term care consultation has been completed for the individual	14169
or division (I) of this section is applicable to the individual.	14170

(L) The director of aging may adopt any rules the director	14171
considers necessary for the implementation and administration of	14172
this section. The rules shall be adopted in accordance with	14173
Chapter 119. of the Revised Code and may specify any or all of	14174
the following:	14175

(1) Procedures for providing long-term care consultations	14176
pursuant to this section;	14177

(2) Information to be provided through long-term care	14178
consultations regarding long-term care services that are	14179
available;	14180

(3) Criteria ~~under which an individual or the individual's~~	14181
~~representative may choose to forego participation in~~and	14182
procedures to be used to identify and recommend appropriate	14183
service options for an individual receiving a long-term care	14184
consultation;	14185

(4) Criteria for exempting individuals from the long-term	14186
care consultation requirement;	14187

(5) Circumstances under which it may be appropriate to	14188
provide an individual's long-term care consultation after the	14189
individual's admission to a nursing facility rather than before	14190
admission;	14191

(6) Criteria for identifying nursing facility residents who	14192
would benefit from the provision of a long-term care	14193
consultation;	14194

(7) A description of the types of information from a nursing	14195
facility that is needed under the long-term care consultation	14196
program to assist a resident with relocation from the facility;	14197

(8) Standards to prevent conflicts of interest relative to	14198
the referrals made by a person who performs a long-term care	14199
consultation, including standards that prohibit the person from	14200
being employed by a provider of long-term care services;	14201

(9) Procedures for providing notice and an opportunity for a	14202
hearing under division (N) of this section.	14203

(M) To assist the department and each program administrator	14204
with identifying individuals who are likely to benefit from a	14205
long-term care consultation, the department and program	14206
administrator may ask to be given access to nursing facility	14207
resident assessment data collected through the use of the resident	14208
assessment instrument specified in rules adopted under section	14209
5111.02 of the Revised Code for purposes of the medicaid program.	14210
Except when prohibited by state or federal law, the department of	14211
health, department of job and family services, or nursing facility	14212
holding the data shall grant access to the data on receipt of the	14213
request from the department of aging or program administrator.	14214

~~(M)~~(N)(1) The director of aging, after providing notice and	14215
an opportunity for a hearing, may fine a nursing facility an	14216
amount determined by rules the director shall adopt in accordance	14217
with Chapter 119. of the Revised Code iffor any of the following	14218
reasons:	14219

(a) The nursing facility admits ~~or retains~~ an individual,	14220
without evidence that a long-term care consultation has been	14221
provided, as required by this section;	14222

(b) The nursing facility denies a person attempting to	14223
provide a long-term care consultation access to the facility or a	14224
resident of the facility;	14225

(c) The nursing facility denies the department of aging or	14226
program administrator access to the facility or a resident of the	14227
facility, as the department or administrator considers necessary	14228
to administer the program.	14229

(2) In accordance with section 5111.62 of the Revised Code,	14230
all fines collected under ~~this~~ division (N)(1) of this section	14231
shall be deposited into the state treasury to the credit of the	14232
residents protection fund.	14233

Sec. 173.421. As part of the long-term care consultation	14234
program established under section 173.42 of the Revised Code, the	14235
department of aging may establish procedures for the conduct of	14236
periodic or follow-up long-term care consultations for residents	14237
of nursing facilities, including annual or more frequent	14238
reassessments of the residents' functional capabilities. If the	14239
procedures are established, the department or program	14240
administrator shall assign individuals to nursing facilities to	14241
serve as care managers within the facilities. The individuals	14242
assigned shall be individuals who are certified under section	14243
173.422 of the Revised Code to provide long-term care	14244
consultations.	14245

~~Sec. 173.43.~~ Sec. 173.422. The department of aging shall certify	14246
individuals who meet certification requirements established by	14247
rule to provide long-term care consultations for purposes of	14248
~~section~~sections 173.42 and 173.421 of the Revised Code. The	14249
director of aging shall adopt rules in accordance with Chapter	14250
119. of the Revised Code governing the certification process and	14251
requirements. The rules shall specify the education, experience,	14252
or training in long-term care a person must have to qualify for	14253
certification.	14254

Sec. 173.423. If an individual who is the subject of a	14255
long-term care consultation is eligible for and elects to receive	14256
home and community-based services covered by medicaid components	14257
the department of aging administers, the department of aging or	14258
program administrator shall monitor the individual by doing	14259
either or both of the following at least once each year:	14260

(A) Determining whether the services being provided to the	14261
individual are appropriate;	14262

(B) Determining whether changes in the types of services	14263
being provided to the individual should be made.	14264

Sec. 173.424. If, under federal law, an individual's	14265
eligibility for the home and community-based services covered by	14266
medicaid components the department of aging administers is	14267
dependent on the conduct of an assessment or other evaluation of	14268
the individual's needs and capabilities and the development of an	14269
individualized plan of care or services, the department shall	14270
develop and implement all procedures necessary to comply with the	14271
federal law. The procedures shall include the use of long-term	14272
care consultations.	14273

Sec. 173.425. Annually, the department of aging shall prepare	14274
a report regarding the individuals who are the subjects of	14275
long-term care consultations and elect to receive home and	14276
community-based services covered by medicaid components the	14277
department of aging administers. The department shall prepare the	14278
report in consultation with the department of job and family	14279
services and office of budget and management. Each annual report	14280
shall include all of the following information:	14281

(A) The total savings achieved by providing home and	14282
community-based services covered by medicaid components the	14283
department of aging administers rather than services that	14284
otherwise would be provided in a nursing facility;	14285

(B) The average number of days that individuals receive home	14286
and community-based services covered by medicaid components the	14287
department of aging administers before and after receiving	14288
nursing facility services;	14289

(C) A categorical analysis of the acuity levels of the	14290
individuals who receive home and community-based services covered	14291
by medicaid components the department of aging administers;	14292

(D) Any other statistical information the department of aging	14293
considers appropriate for inclusion in the report.	14294

Sec. 173.43. (A) Subject to section 173.433 of the Revised	14295
Code, the department of aging shall enter into an interagency	14296
agreement with the department of job and family services under	14297
section 5111.91 of the Revised Code under which the department of	14298
aging is required to establish for each biennium a unified	14299
long-term care budget for home and community-based services	14300
covered by medicaid components the department of aging	14301
administers. The interagency agreement shall require the	14302
department of aging to do all of the following:	14303

(1) Administer the unified long-term care budget in	14304
accordance with sections 173.43 to 173.434 of the Revised Code and	14305
the general assembly's appropriations for home and community-based	14306
services covered by medicaid components the department of aging	14307
administers for the applicable biennium;	14308

(2) Contract with each area agency on aging for assistance in	14309
the administration of the unified long-term care budget;	14310

(3) Provide individuals who are eligible for home and	14311
community-based services covered by medicaid components the	14312
department of aging administers a choice of services that meet	14313
the individuals' needs and improve their quality of life;	14314

(4) Provide a continuum of services that meet the life-long	14315
needs of individuals who are eligible for home and community-based	14316
services covered by medicaid components the department of aging	14317
administers.	14318

(B) The director of budget and management shall create new	14319
appropriation items as necessary for establishment of the unified	14320
long-term care budget.	14321

Sec. 173.431. Subject to section 173.433 of the Revised	14322
Code, the department of aging shall ensure that the unified	14323
long-term care budget established under section 173.43 of the	14324
Revised Code is administered in a manner that provides medicaid	14325
coverage of and expands access to all of the following as	14326
necessary to meet the needs of individuals receiving home and	14327
community-based services covered by medicaid components the	14328
department of aging administers:	14329

(A) To the extent permitted by the medicaid waivers	14330
authorizing department of aging-administered medicaid waiver	14331
components, all of the following medicaid waiver services	14332
provided under department of aging-administered medicaid waiver	14333
components:	14334

(1) Personal care services;

14335

(2) Home-delivered meals;

14336

(3) Adult day-care;

14337

(4) Homemaker services;

14338

(5) Emergency response services;

14339

(6) Medical equipment and supplies;

14340

(7) Chore services;

14341

(8) Social work counseling;

14342

(9) Nutritional counseling;

14343

(10) Independent living assistance;

14344

(11) Medical transportation;

14345

(12) Nonmedical transportation;

14346

(13) Home care attendant services;

14347

(14) Assisted living services;

14348

(15) Community transition services;

14349

(16) Enhanced community living services;

14350

(17) All other medicaid waiver services provided under	14351
department of aging-administered medicaid waiver components.	14352

(B) All of the following state medicaid plan services as	14353
specified in rules adopted under section 5111.02 of the Revised	14354
Code:	14355

(1) Home health services;

14356

(2) Private duty nursing services;

14357

(3) Durable medical equipment;

14358

(4) Services of a clinical nurse specialist;

14359

(5) Services of a certified nurse practitioner.

14360

14361

Sec. 173.432. Subject to section 173.433 of the Revised Code,	14362
the department of aging or its designee shall provide care	14363
management and authorization services with regard to the state	14364
plan services specified in division (B) of section 173.431 of the	14365
Revised Code that are provided to participants of department of	14366
aging-administered medicaid waiver components.	14367

Sec. 173.433. (A) The director of job and family services	14368
shall do one or more of the following as necessary for the	14369
implementation of sections 173.43 to 173.432 of the Revised Code:	14370

(1) Submit one or more state medicaid plan amendments to the	14371
United States secretary of health and human services;	14372

(2) Request one or more federal medicaid waivers from the	14373
United States secretary;	14374

(3) Submit one or more federal medicaid waiver amendments to	14375
the United States secretary.	14376

(B) No provision of sections 173.43 to 173.432 of the Revised	14377
Code that requires the approval of the United States secretary of	14378
health and human services shall be implemented until the United	14379
States secretary provides the approval.	14380

Sec. 173.434. The director of job and family services shall	14381
adopt rules under section 5111.85 of the Revised Code to authorize	14382
the director of aging to adopt rules that are needed to implement	14383
sections 173.43 to 173.432 of the Revised Code. The director of	14384
aging's rules shall be adopted in accordance with Chapter 119. of	14385
the Revised Code."	14386

Sec. 173.50. (A) Pursuant to a contract entered into with the	14387
department of job and family services as an interagency agreement	14388
under section 5111.91 of the Revised Code, the department of aging	14389
shall carry out the day-to-day administration of the component of	14390
the medicaid program established under Chapter 5111. of the	14391
Revised Code known as the program of all-inclusive care for the	14392
elderly or PACE. The department of aging shall carry out its PACE	14393
administrative duties in accordance with the provisions of the	14394
interagency agreement and all applicable federal laws, including	14395
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4,	14396
as amended.	14397

(B) The department of aging may adopt rules in accordance	14398
with Chapter 119. of the Revised Code regarding the PACE program,	14399
including rules establishing priorities for enrolling in the	14400
program pursuant to section 173.501 of the Revised Code. The	14401
department's rules are subject to both of the following:	14402

(1) The rules shall be authorized by rules adopted by the	14403
department of job and family services.	14404

(2) The rules shall address only those issues that are not	14405
addressed in rules adopted by the department of job and family	14406
services for the PACE program.	14407

Sec. 173.501. (A) As used in this section:

14408

"Nursing facility" has the same meaning as in section 5111.20	14409
of the Revised Code.	14410

"PACE provider" has the same meaning as in 42 U.S.C.	14411
1396u-4(a)(3).	14412

(B) Each month, the department of aging shall determine	14413
whether individuals who are on a waiting list for the PACE program	14414
have been admitted to a nursing facility. If the department	14415
determines that such an individual has been admitted to a nursing	14416
facility, the department shall notify the PACE provider serving	14417
the area in which the individual resides about the determination.	14418
The PACE provider shall determine whether the PACE program is	14419
appropriate for the individual and whether the individual would	14420
rather participate in the PACE program than continue residing in	14421
the nursing facility. If the PACE provider determines that the	14422
PACE program is appropriate for the individual and the individual	14423
would rather participate in the PACE program than continue	14424
residing in the nursing facility, the PACE provider shall so	14425
notify the department of aging. On receipt of the notice from the	14426
PACE provider, the department of aging shall approve the	14427
individual's enrollment in the PACE program in accordance with	14428
priorities established in rules adopted under section 173.50 of	14429
the Revised Code. Each quarter, the department of aging shall	14430
certify to the director of budget and management the estimated	14431
increase in costs of the PACE program resulting from enrollment of	14432
individuals in the PACE program pursuant to this section.	14433

Sec. 173.70. (A) The director of aging may enter into a	14434
contract with any person under which the person operates a program	14435
for the provision of outpatient prescription drug discounts to any	14436
or all of the following:	14437

(1) Individuals who are sixty years of age or older;

14438

(2) Individuals whose family incomes do not exceed three	14439
hundred per cent of the federal poverty guidelines, as revised	14440
annually by the United States department of health and human	14441
services in accordance with section 673(2) of the "Omnibus Budget	14442
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	14443
amended;	14444

(3) Individuals who are persons with disabilities, as defined	14445
in section 173.06 of the Revised Code.	14446

(B) The director may disclose to the person under contract	14447
information that identifies the individuals who participated in	14448
and individuals who applied for participation in the Ohio's best	14449
Rx program that was operated under former sections 173.71 to	14450
173.91 of the Revised Code.	14451

Sec. 173.99. (A) A long-term care provider, person employed	14452
by a long-term care provider, other entity, or employee of such	14453
other entity that violates division (C) of section 173.24 of the	14454
Revised Code is subject to a fine not to exceed one thousand	14455
dollars for each violation.	14456

(B) Whoever violates division (C) of section 173.23 of the	14457
Revised Code is guilty of registering a false complaint, a	14458
misdemeanor of the first degree.	14459

(C) A long-term care provider, other entity, or person	14460
employed by a long-term care provider or other entity that	14461
violates division (E) of section 173.19 of the Revised Code by	14462
denying a representative of the office of the state long-term care	14463
ombudsperson program the access required by that division is	14464
subject to a fine not to exceed five hundred dollars for each	14465
violation.	14466

(D) Whoever violates division (C) of section 173.44 of the	14467
Revised Code is subject to a fine of one hundred dollars.	14468

~~(E) Whoever violates division (B) of section 173.90 of the~~	14469
~~Revised Code is guilty of a misdemeanor of the first degree.~~	14470

Sec. 174.02. (A) The low- and moderate-income housing trust	14471
fund is hereby created in the state treasury. The fund consists of	14472
all appropriations made to the fund, housing trust fund fees	14473
collected by county recorders pursuant to section 317.36 of the	14474
Revised Code and deposited into the fund pursuant to section	14475
319.63 of the Revised Code, and all grants, gifts, loan	14476
repayments, and contributions of money made from any source to the	14477
department of development for deposit in the fund. All investment	14478
earnings of the fund shall be credited to the fund. The director	14479
of development shall allocate a portion of the money in the fund	14480
to an account of the Ohio housing finance agency. The department	14481
shall administer the fund. The agency shall use money allocated to	14482
it for implementing and administering its programs and duties	14483
under sections 174.03 and 174.05 of the Revised Code, and the	14484
department shall use the remaining money in the fund for	14485
implementing and administering its programs and duties under	14486
sections 174.03 to 174.06 of the Revised Code. Use of all money	14487
drawn from the fund is subject to the following restrictions:	14488

(1) ~~Not more than six per cent of any current year~~	14489
~~appropriation authority for the fund shall be used for the~~	14490
~~transitional and permanent housing program to make grants to~~	14491
~~municipal corporations, counties, townships, and nonprofit~~	14492
~~organizations for the acquisition, rehabilitation, renovation,~~	14493
~~construction, conversion, operation, and cost of supportive~~	14494
~~services for new and existing transitional and permanent housing~~	14495
~~for homeless persons.~~	14496

~~(2)~~(a) Not more than five per cent of the current year	14497
appropriation authority for the fund shall be allocated between	14498
grants to community development corporations for the community	14499
development corporation grant program and grants and loans to the	14500
Ohio community development finance fund, a private nonprofit	14501
corporation.	14502

(b) In any year in which the amount in the fund exceeds one	14503
hundred thousand dollars and at least that much is allocated for	14504
the uses described in this section, not less than one hundred	14505
thousand dollars shall be used to provide training, technical	14506
assistance, and capacity building assistance to nonprofit	14507
development organizations.	14508

~~(3)~~(2) Not more than ~~seven~~ten per cent of any current year	14509
appropriation authority for the fund shall be used for the	14510
emergency shelter housing grants program to make grants to	14511
private, nonprofit organizations and municipal corporations,	14512
counties, and townships for emergency shelter housing for the	14513
homeless and emergency shelter facilities serving unaccompanied	14514
youth seventeen years of age and younger. The grants shall be	14515
distributed pursuant to rules the director adopts and qualify as	14516
matching funds for funds obtained pursuant to the McKinney Act,	14517
101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378.	14518

~~(4)~~(3) In any fiscal year in which the amount in the fund	14519
exceeds the amount awarded pursuant to division (A)~~(2)~~(1)(b) of	14520
this section by at least two hundred fifty thousand dollars, at	14521
least two hundred fifty thousand dollars from the fund shall be	14522
provided to the department of aging for the resident services	14523
coordinator program as established in section 173.08 of the	14524
Revised Code.	14525

~~(5)~~(4) Of all current year appropriation authority for the	14526
fund, not more than five per cent shall be used for	14527
administration.	14528

~~(6)~~(5) Not less than forty-five per cent of the funds awarded	14529
during any one fiscal year shall be for grants and loans to	14530
nonprofit organizations under section 174.03 of the Revised Code.	14531

~~(7)~~(6) Not less than fifty per cent of the funds awarded	14532
during any one fiscal year, excluding the amounts awarded pursuant	14533
to divisions (A)(1),and (2)~~, and (3)~~ of this section, shall be	14534
for grants and loans for activities that provide housing and	14535
housing assistance to families and individuals in rural areas and	14536
small cities that are not eligible to participate as a	14537
participating jurisdiction under the "HOME Investment Partnerships	14538
Act," 104 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721.	14539

~~(8) No money in the fund shall be used to pay for any legal~~	14540
~~services other than the usual and customary legal services~~	14541
~~associated with the acquisition of housing.~~	14542

~~(9)~~(7) Money in the fund may be used as matching money for	14543
federal funds received by the state, counties, municipal	14544
corporations, and townships for the activities listed in section	14545
174.03 of the Revised Code.	14546

(B) If, after the second quarter of any year, it appears to	14547
the director that the full amount of the money in the fund	14548
designated in that year for activities that provide housing and	14549
housing assistance to families and individuals in rural areas and	14550
small cities under division (A) of this section will not be used	14551
for that purpose, the director may reallocate all or a portion of	14552
that amount for other housing activities. In determining whether	14553
or how to reallocate money under this division, the director may	14554
consult with and shall receive advice from the housing trust fund	14555
advisory committee.	14556

Sec. 174.03. (A) The department of development and the Ohio	14557
housing finance agency shall each develop programs under which, in	14558
accordance with rules adopted under this section, they may make	14559
grants, loans, loan guarantees, and loan subsidies to counties,	14560
municipal corporations, townships, local housing authorities, and	14561
nonprofit organizations and may make loans, loan guarantees, and	14562
loan subsidies to private developers and private lenders to assist	14563
in activities that provide housing and housing assistance for	14564
specifically targeted low- and moderate-income families and	14565
individuals. There is no minimum housing project size for awards	14566
under this division for any project that is developed for a	14567
special needs population and that is supported by a social service	14568
agency where the housing project is located. Activities for which	14569
grants, loans, loan guarantees, and loan subsidies may be made	14570
under this section include all of the following:	14571

(1) Acquiring, financing, constructing, leasing,	14572
rehabilitating, remodeling, improving, and equipping publicly or	14573
privately owned housing;	14574

(2) Providing supportive services related to housing and the	14575
homeless, including housing counseling. Not more than twenty per	14576
cent of the current year appropriation authority for the low- and	14577
moderate-income housing trust fund that remains after the award of	14578
funds made pursuant to divisions (A)(1),and (A)(2)~~, and (A)(3)~~ of	14579
section 174.02 of the Revised Code, shall be awarded in any fiscal	14580
year for supportive services.	14581

(3) Providing rental assistance payments or other project	14582
operating subsidies that lower tenant rents;	14583

(4) Improving the quality of life of tenants by providing	14584
education for tenants and residents of manufactured home	14585
communities regarding their rights and responsibilities, planning	14586
and implementing activities designed to improve conflict	14587
resolution and the capacity of tenants to negotiate and mediate	14588
with landlords, and developing tenant and resident councils and	14589
organizations;	14590

(5) Promoting capacity building initiatives related to the	14591
creation of county housing trust funds.	14592

(B) ~~Activities listed under division (A) of this section may~~	14593
~~include emergency shelter care programs for unaccompanied youth~~	14594
~~seventeen years of age and younger.~~	14595

~~(C)~~ Grants, loans, loan guarantees, and loan subsidies may be	14596
made to counties, municipal corporations, townships, and nonprofit	14597
organizations for the additional purposes of providing technical	14598
assistance, design and finance services and consultation, and	14599
payment of pre-development and administrative costs related to any	14600
of the activities listed above.	14601

~~(D)~~(C) In developing programs under this section, the	14602
department and the agency shall invite, accept, and consider	14603
public comment, and recommendations from the housing trust fund	14604
advisory committee created under section 174.06 of the Revised	14605
Code, on how the programs should be designed to most effectively	14606
benefit low- and moderate-income families and individuals. The	14607
programs developed under this section shall respond collectively	14608
to housing and housing assistance needs of low- and	14609
moderate-income families and individuals statewide.	14610

~~(E)~~(D) The department and the agency, in accordance with	14611
Chapter 119. of the Revised Code, shall each adopt rules to	14612
administer programs developed under this section. The rules shall	14613
prescribe procedures and forms that counties, municipal	14614
corporations, townships, local housing authorities, and nonprofit	14615
organizations shall use in applying for grants, loans, loan	14616
guarantees, and loan subsidies and that private developers and	14617
private lenders shall use in applying for loans, loan guarantees,	14618
and loan subsidies; eligibility criteria for the receipt of funds;	14619
procedures for reviewing and granting or denying applications;	14620
procedures for paying out funds; conditions on the use of funds;	14621
procedures for monitoring the use of funds; and procedures under	14622
which a recipient shall be required to repay funds that are	14623
improperly used. The rules shall do both of the following:	14624

(1) Require each recipient of a grant or loan made from the	14625
low- and moderate-income housing trust fund for activities that	14626
provide, or assist in providing, a rental housing project, to	14627
reasonably ensure that the rental housing project will remain	14628
affordable to those families and individuals targeted for the	14629
rental housing project for the useful life of the rental housing	14630
project or for thirty years, whichever is longer;	14631

(2) Require each recipient of a grant or loan made from the	14632
low- and moderate-income housing trust fund for activities that	14633
provide, or assist in providing, a housing project to prepare and	14634
implement a plan to reasonably assist any families and individuals	14635
displaced by the housing project in obtaining decent affordable	14636
housing.	14637

~~(F)~~(E) In prescribing eligibility criteria and conditions for	14638
the use of funds, neither the department nor the agency is limited	14639
to the criteria and conditions specified in this section and each	14640
may prescribe additional eligibility criteria and conditions that	14641
relate to the purposes for which grants, loans, loan guarantees,	14642
and loan subsidies may be made. However, the department and agency	14643
are limited by the following specifically targeted low- and	14644
moderate-income guidelines:	14645

(1) Not less than seventy-five per cent of the money granted	14646
and loaned under this section in any fiscal year shall be for	14647
activities that provide affordable housing and housing assistance	14648
to families and individuals whose incomes are equal to or less	14649
than fifty per cent of the median income for the county in which	14650
they live, as determined by the department under section 174.04	14651
of the Revised Code.	14652

(2) Any money granted and loaned under this section in any	14653
fiscal year that is not granted or loaned pursuant to division	14654
(F)(1) of this section shall be for activities that provide	14655
affordable housing and housing assistance to families and	14656
individuals whose incomes are equal to or less than eighty per	14657
cent of the median income for the county in which they live, as	14658
determined by the department under section 174.04 of the Revised	14659
Code.	14660

~~(G)~~(F) In making grants, loans, loan guarantees, and loan	14661
subsidies under this section, the department and the agency shall	14662
give preference to viable projects and activities that benefit	14663
those families and individuals whose incomes are equal to or less	14664
than thirty-five per cent of the median income for the county in	14665
which they live, as determined by the department under section	14666
174.04 of the Revised Code.	14667

~~(H)~~(G) The department and the agency shall monitor the	14668
programs developed under this section to ensure that money	14669
granted and loaned under this section is not used in a manner	14670
that violates division (H) of section 4112.02 of the Revised	14671
Code or discriminates against families with children.	14672

Sec. 174.06. (A) There is hereby created the housing trust	14673
fund advisory committee. The committee consists of fourteen	14674
members the governor appoints as follows to represent	14675
organizations committed to housing and housing assistance for low-	14676
and moderate-income persons:	14677

(1) One member to represent lenders.

14678

(2) One member to represent for-profit builders and	14679
developers.	14680

(3) One member to represent the families and individuals	14681
included in the income groups targeted for housing and housing	14682
assistance under divisions (E) and (F) ~~and (G)~~ of section 174.03	14683
of the Revised Code.	14684

(4) One member to represent religious, civic, or social	14685
service organizations.	14686

(5) One member to represent counties.

14687

(6) One member to represent municipal corporations.

14688

(7) One member to represent townships.

14689

(8) One member to represent local housing authorities.

14690

(9) One member to represent fair housing organizations.

14691

(10) Three members to represent nonprofit organizations.

14692

(11) One member to represent real estate brokers licensed	14693
under Chapter 4735. of the Revised Code.	14694

(12) One member to represent the for-profit rental housing	14695
industry.	14696

(B)(1) Terms of office are for four years, with each term	14697
ending on the same day of the same month as did the term that it	14698
succeeds. Each member shall hold office from the date of	14699
appointment until the end of the term for which the member was	14700
appointed. Vacancies shall be filled in the manner prescribed for	14701
the original appointment. A member appointed to fill a vacancy	14702
occurring prior to the expiration of a term shall hold office for	14703
the remainder of that term. A member shall continue in office	14704
subsequent to the expiration of a term until a successor takes	14705
office or until a period of sixty days has elapsed, whichever	14706
occurs first.	14707

(2) The governor may remove a member for misfeasance,	14708
malfeasance, or willful neglect of duty.	14709

(C)(1) The committee shall select a chairperson from among	14710
its members. The committee shall meet at least once each calendar	14711
year and upon the call of the chair. Members of the committee	14712
serve without compensation, but shall be reimbursed for reasonable	14713
and necessary expenses incurred in the discharge of duties.	14714

(2) The department of development shall provide the committee	14715
with a meeting place, supplies, and staff assistance as the	14716
committee requests.	14717

(D) The committee shall assist the department and the Ohio	14718
housing finance agency in defining housing needs and priorities,	14719
recommend to the department and agency at least annually how the	14720
programs developed under section 174.02 of the Revised Code should	14721
be designed to most effectively benefit low- and moderate-income	14722
persons, consider an allocation of funds for projects of fifteen	14723
units or less, and advise the director of development on whether	14724
and how to reallocate money in the low- and moderate-income	14725
housing trust fund under division (B) of section 174.02 of the	14726
Revised Code.	14727

Sec. 176.05. (A)(1) Notwithstanding any provision of law to	14728
the contrary, the rate of wages payable for the various	14729
occupations covered by sections 4115.03 to 4115.16 of the Revised	14730
Code to persons employed on a project who are not any of the	14731
following shall be determined according to this section:	14732

(a) Qualified volunteers;

14733

(b) Persons required to participate in a work activity,	14734
developmental activity, or alternative work activity under	14735
sections 5107.40 to 5107.69 of the Revised Code except those	14736
engaged in paid employment or subsidized employment pursuant to	14737
the activity;	14738

(c) ~~Food stamp~~Supplemental nutrition assistance program	14739
benefit recipients required to participate in employment and	14740
training activities established by rules adopted under section	14741
5101.54 of the Revised Code.	14742

An association representing the general contractors or	14743
subcontractors that engage in the business of residential	14744
construction in a certain locality shall negotiate with the	14745
applicable building and construction trades council in that	14746
locality an agreement or understanding that sets forth the	14747
residential prevailing rate of wages, payable on projects in that	14748
locality, for each of the occupations employed on those projects.	14749

(2) Notwithstanding any residential prevailing rate of wages	14750
established prior to July 1, 1995, if, by October 1, 1995, the	14751
parties are unable to agree under division (A)(1) of this section	14752
as to the rate of wages payable for each occupation covered by	14753
sections 4115.03 to 4115.16 of the Revised Code, the director of	14754
commerce shall establish the rate of wages payable for each	14755
occupation.	14756

(3) The residential prevailing rate of wages established	14757
under division (A)(1) or (2) of this section shall not be equal to	14758
or greater than the prevailing rate of wages determined by the	14759
director pursuant to sections 4115.03 to 4115.16 of the Revised	14760
Code for any of the occupations covered by those sections.	14761

(B) Except for the prevailing rate of wages determined by the	14762
director pursuant to sections 4115.03 to 4115.16 of the Revised	14763
Code, those sections and section 4115.99 of the Revised Code apply	14764
to projects.	14765

(C) The residential prevailing rate of wages established	14766
under division (A) of this section is not payable to any	14767
individual or member of that individual's family who provides	14768
labor in exchange for acquisition of the property for	14769
homeownership or who provides labor in place of or as a supplement	14770
to any rental payments for the property.	14771

(D) For the purposes of this section:

14772

(1) "Project" means any construction, rehabilitation,	14773
remodeling, or improvement of residential housing, whether on a	14774
single or multiple site for which a person, as defined in section	14775
1.59 of the Revised Code, or municipal corporation, county, or	14776
township receives financing, that is financed in whole or in part	14777
from state moneys or pursuant to this chapter, section 133.51 or	14778
307.698 of the Revised Code, or Chapter 174. or 175. of the	14779
Revised Code, except for any of the following:	14780

(a) The single-family mortgage revenue bonds homeownership	14781
program under Chapter 175. of the Revised Code, including	14782
owner-occupied dwellings of one to four units;	14783

(b) Projects consisting of fewer than six units developed by	14784
any entity that is not a nonprofit organization exempt from	14785
federal income tax under section 501(c)(3) of the Internal Revenue	14786
Code;	14787

(c) Projects of fewer than twenty-five units developed by any	14788
nonprofit organization that is exempt from federal income tax	14789
under section 501(c)(3) of the Internal Revenue Code;	14790

(d) Programs undertaken by any municipal corporation, county,	14791
or township, including lease-purchase programs, using mortgage	14792
revenue bond financing;	14793

(e) Any individual project, that is sponsored or developed by	14794
a nonprofit organization that is exempt from federal income tax	14795
under section 501(c)(3) of the Internal Revenue Code, for which	14796
the federal government or any of its agencies furnishes by loan,	14797
grant, low-income housing tax credit, or insurance more than	14798
twelve per cent of the costs of the project. For purposes of	14799
division (D)(2)(e) of this section, the value of the low-income	14800
housing tax credits shall be calculated as the proceeds from the	14801
sale of the tax credits, less the costs of the sale.	14802

As used in division (D)(1)(e) of this section, "sponsored"	14803
means that a general partner of a limited partnership owning the	14804
project or a managing member of a limited liability company owning	14805
the project is either a nonprofit organization that is exempt from	14806
federal income tax under section 501(c)(3) of the Internal Revenue	14807
Code or a person, as defined in section 1.59 of the Revised Code,	14808
or a limited liability company in which such a nonprofit	14809
organization maintains controlling interest. For purposes of this	14810
division, a general partner of a limited partnership that is a	14811
nonprofit organization described under this division is not	14812
required to be the sole general partner in the limited	14813
partnership, and a managing member of a limited liability company	14814
that is a nonprofit organization described under this division is	14815
not required to be the sole managing member in the limited	14816
liability company.	14817

Nothing in division (D)(1)(e) of this section shall be	14818
construed as permitting unrelated projects to be combined for the	14819
sole purpose of determining the total percentage of project costs	14820
furnished by the federal government or any of its agencies.	14821

(2) A "project" is a "public improvement" and the state or a	14822
political subdivision that undertakes or participates in the	14823
financing of a project is a "public authority," as both of the	14824
last two terms are defined in section 4115.03 of the Revised Code.	14825

(3) "Qualified volunteers" are volunteers who are working	14826
without compensation for a nonprofit organization that is exempt	14827
from federal income tax under section 501(c)(3) of the Internal	14828
Revenue Code, and that is providing housing or housing assistance	14829
only to families and individuals in a county whose incomes are not	14830
greater than one hundred forty per cent of the median income of	14831
that county as determined under section 174.04 of the Revised	14832
Code.	14833

Sec. 307.626. (A) By the first day of April of each year,	14834
the person convening the child fatality review board shall prepare	14835
and submit to the Ohio department of health a report that ~~includes~~	14836
~~all of~~summarizes the following information with respect to ~~each~~	14837
the child ~~death~~deaths that ~~was~~were reviewed by the review board	14838
in the previous calendar year:	14839

(1) The cause of death;

14840

(2) Factors contributing to death;

14841

(3) Age;

14842

(4) Sex;

14843

(5) Race;

14844

(6) The geographic location of death;

14845

(7) The year of death.

14846

The report shall specify the number of child deaths that ~~have~~	14847
~~not been reviewed since the effective date of this section~~were	14848
not reviewed during the previous calendar year.	14849

The report may include recommendations for actions that might	14850
prevent other deaths, as well as any other information the review	14851
board determines should be included.	14852

(B) Reports prepared under division (A) of this section shall	14853
be considered public records under section 149.43 of the Revised	14854
Code.	14855

(C) The child fatality review board shall submit individual	14856
data with respect to each child death review into the Ohio	14857
department of health child death review database or the national	14858
child death review database. The individual data shall include the	14859
information specified in division (A) of this section and any	14860
other information the board considers relevant to the review.	14861
Individual data related to a child death review that is contained	14862
in the Ohio department of health child death review database is	14863
not a public record under section 149.43 of the Revised Code.	14864

Sec. 307.629. (A) Except as provided in sections 5153.171 to	14865
5153.173 of the Revised Code, any information, document, or report	14866
presented to a child fatality review board, all statements made by	14867
review board members during meetings of the review board, ~~and~~ all	14868
work products of the review board, and child fatality review data	14869
submitted by the child fatality review board to the department of	14870
health or a national child death review database, other than the	14871
report prepared pursuant to division (A) of section 307.626 of the	14872
Revised Code, are confidential and shall be used by the review	14873
board ~~and~~, its members, and the department of health only in the	14874
exercise of the proper functions of the review board and the	14875
department.	14876

(B) No person shall permit or encourage the unauthorized	14877
dissemination of the confidential information described in	14878
division (A) of this section.	14879

(C) Whoever violates division (B) of this section is guilty	14880
of a misdemeanor of the second degree.	14881

Sec. 307.79. (A) The board of county commissioners may	14882
adopt, amend, and rescind rules establishing technically feasible	14883
and economically reasonable standards to achieve a level of	14884
management and conservation practices that will abate wind or	14885
water erosion of the soil or abate the degradation of the waters	14886
of the state by soil sediment in conjunction with land grading,	14887
excavating, filling, or other soil disturbing activities on land	14888
used or being developed for nonfarm commercial, industrial,	14889
residential, or other nonfarm purposes, and establish criteria for	14890
determination of the acceptability of those management and	14891
conservation practices. The rules shall be designed to implement	14892
the applicable areawide waste treatment management plan prepared	14893
under section 208 of the "Federal Water Pollution Control Act," 86	14894
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	14895
phase II of the storm water program of the national pollutant	14896
discharge elimination system established in 40 C.F.R. Part 122.	14897
The rules to implement phase II of the storm water program of the	14898
national pollutant discharge elimination system shall not be	14899
inconsistent with, more stringent than, or broader in scope than	14900
the rules or regulations adopted by the environmental protection	14901
agency under 40 C.F.R. Part 122. The rules adopted under this	14902
section shall not apply inside the limits of municipal	14903
corporations or the limits of townships with a limited home rule	14904
government that have adopted rules under section 504.21 of the	14905
Revised Code, to lands being used in a strip mine operation as	14906
defined in section 1513.01 of the Revised Code, or to land being	14907
used in a surface mine operation as defined in section 1514.01 of	14908
the Revised Code.	14909

The rules adopted under this section may require persons to	14910
file plans governing erosion control, sediment control, and water	14911
management before clearing, grading, excavating, filling, or	14912
otherwise wholly or partially disturbing one or more contiguous	14913
acres of land owned by one person or operated as one development	14914
unit for the construction of nonfarm buildings, structures,	14915
utilities, recreational areas, or other similar nonfarm uses. If	14916
the rules require plans to be filed, the rules shall do all of the	14917
following:	14918

(1) Designate the board itself, its employees, or another	14919
agency or official to review and approve or disapprove the plans;	14920

(2) Establish procedures and criteria for the review and	14921
approval or disapproval of the plans;	14922

(3) Require the designated entity to issue a permit to a	14923
person for the clearing, grading, excavating, filling, or other	14924
project for which plans are approved and to deny a permit to a	14925
person whose plans have been disapproved;	14926

(4) Establish procedures for the issuance of the permits;

14927

(5) Establish procedures under which a person may appeal the	14928
denial of a permit.	14929

Areas of less than one contiguous acre shall not be exempt	14930
from compliance with other provisions of this section or rules	14931
adopted under this section. The rules adopted under this section	14932
may impose reasonable filing fees for plan review, permit	14933
processing, and field inspections.	14934

No permit or plan shall be required for a public highway,	14935
transportation, or drainage improvement or maintenance project	14936
undertaken by a government agency or political subdivision in	14937
accordance with a statement of its standard sediment control	14938
policies that is approved by the board or the chief of the	14939
division of soil and water ~~conservation~~resources in the	14940
department of natural resources.	14941

(B) Rules or amendments may be adopted under this section	14942
only after public hearings at not fewer than two regular sessions	14943
of the board. The board of county commissioners shall cause to be	14944
published, in a newspaper of general circulation in the county,	14945
notice of the public hearings, including time, date, and place,	14946
once a week for two weeks immediately preceding the hearings. The	14947
proposed rules or amendments shall be made available by the board	14948
to the public at the board office or other location indicated in	14949
the notice. The rules or amendments shall take effect on the	14950
thirty-first day following the date of their adoption.	14951

(C) The board of county commissioners may employ personnel to	14952
assist in the administration of this section and the rules adopted	14953
under it. The board also, if the action does not conflict with the	14954
rules, may delegate duties to review sediment control and water	14955
management plans to its employees, and may enter into agreements	14956
with one or more political subdivisions, other county officials,	14957
or other government agencies, in any combination, in order to	14958
obtain reviews and comments on plans governing erosion control,	14959
sediment control, and water management or to obtain other services	14960
for the administration of the rules adopted under this section.	14961

(D) The board of county commissioners or any duly authorized	14962
representative of the board may, upon identification to the owner	14963
or person in charge, enter any land upon obtaining agreement with	14964
the owner, tenant, or manager of the land in order to determine	14965
whether there is compliance with the rules adopted under this	14966
section. If the board or its duly authorized representative is	14967
unable to obtain such an agreement, the board or representative	14968
may apply for, and a judge of the court of common pleas for the	14969
county where the land is located may issue, an appropriate	14970
inspection warrant as necessary to achieve the purposes of this	14971
chapter.	14972

(E)(1) If the board of county commissioners or its duly	14973
authorized representative determines that a violation of the rules	14974
adopted under this section exists, the board or representative may	14975
issue an immediate stop work order if the violator failed to	14976
obtain any federal, state, or local permit necessary for sediment	14977
and erosion control, earth movement, clearing, or cut and fill	14978
activity. In addition, if the board or representative determines	14979
such a rule violation exists, regardless of whether or not the	14980
violator has obtained the proper permits, the board or	14981
representative may authorize the issuance of a notice of	14982
violation. If, after a period of not less than thirty days has	14983
elapsed following the issuance of the notice of violation, the	14984
violation continues, the board or its duly authorized	14985
representative shall issue a second notice of violation. Except as	14986
provided in division (E)(3) of this section, if, after a period of	14987
not less than fifteen days has elapsed following the issuance of	14988
the second notice of violation, the violation continues, the board	14989
or its duly authorized representative may issue a stop work order	14990
after first obtaining the written approval of the prosecuting	14991
attorney of the county if, in the opinion of the prosecuting	14992
attorney, the violation is egregious.	14993

Once a stop work order is issued, the board or its duly	14994
authorize representative shall request, in writing, the	14995
prosecuting attorney of the county to seek an injunction or other	14996
appropriate relief in the court of common pleas to abate excessive	14997
erosion or sedimentation and secure compliance with the rules	14998
adopted under this section. If the prosecuting attorney seeks an	14999
injunction or other appropriate relief, then, in granting relief,	15000
the court of common pleas may order the construction of sediment	15001
control improvements or implementation of other control measures	15002
and may assess a civil fine of not less than one hundred or more	15003
than five hundred dollars. Each day of violation of a rule or stop	15004
work order issued under this section shall be considered a	15005
separate violation subject to a civil fine.	15006

(2) The person to whom a stop work order is issued under this	15007
section may appeal the order to the court of common pleas of the	15008
county in which it was issued, seeking any equitable or other	15009
appropriate relief from that order.	15010

(3) No stop work order shall be issued under this section	15011
against any public highway, transportation, or drainage	15012
improvement or maintenance project undertaken by a government	15013
agency or political subdivision in accordance with a statement of	15014
its standard sediment control policies that is approved by the	15015
board or the chief of the division of soil and water ~~conservation~~	15016
resources in the department of natural resources.	15017

(F) No person shall violate any rule adopted or order issued	15018
under this section. Notwithstanding division (E) of this section,	15019
if the board of county commissioners determines that a violation	15020
of any rule adopted or administrative order issued under this	15021
section exists, the board may request, in writing, the prosecuting	15022
attorney of the county to seek an injunction or other appropriate	15023
relief in the court of common pleas to abate excessive erosion or	15024
sedimentation and secure compliance with the rules or order. In	15025
granting relief, the court of common pleas may order the	15026
construction of sediment control improvements or implementation of	15027
other control measures and may assess a civil fine of not less	15028
than one hundred or more than five hundred dollars. Each day of	15029
violation of a rule adopted or administrative order issued under	15030
this section shall be considered a separate violation subject to a	15031
civil fine.	15032

Sec. 311.17. Except as provided in a contract entered into	15033
under division (A) of section 3125.141 of the Revised Code, for	15034
the services specified in this section, the sheriff shall charge	15035
the following fees, which the court or its clerk shall tax in the	15036
bill of costs against the judgment debtor or those legally liable	15037
therefor for the judgment:	15038

(A) For the service and return of the following writs and	15039
orders:	15040

(1) Execution:

15041

(a) When money is paid without levy or when no property is	15042
found, ~~twenty~~thirty dollars;	15043

(b) When levy is made on real property, for the first tract,	15044
twenty-five dollars, and for each additional tract, ten dollars;	15045

(c) When levy is made on goods and chattels, including	15046
inventory, fifty dollars.	15047

(2) Writ of attachment of property, except for purpose of	15048
garnishment, forty dollars;	15049

(3) Writ of attachment for the purpose of garnishment, ten	15050
dollars;	15051

(4) Writ of replevin, forty dollars;

15052

(5) Warrant to arrest, for each person named in the writ, ~~ten~~	15053
twenty dollars;	15054

(6) Attachment for contempt, for each person named in the	15055
writ, six dollars;	15056

(7) Writ of possession or restitution, sixty dollars;

15057

(8) Subpoena, for each person named in the writ, in either a	15058
civil or criminal case, ~~six~~ten dollars;	15059

(9) Venire, for each person named in the writ, in either a	15060
civil or criminal case, six dollars;	15061

(10) Summoning each juror, other than on venire, in either a	15062
civil or criminal case, six dollars;	15063

(11) Writ of partition, twenty-five dollars;

15064

(12) Order of sale on partition, for the first tract, fifty	15065
dollars, and for each additional tract, twenty-five dollars;	15066

(13) Other order of sale of real property, for the first	15067
tract, fifty dollars, and for each additional tract, twenty-five	15068
dollars;	15069

(14) Administering oath to appraisers, three dollars each;

15070

(15) Furnishing copies for advertisements, one dollar for	15071
each hundred words;	15072

(16) Copy of indictment, for each defendant, five dollars;

15073

(17) All summons, writs, orders, or notices, for the first	15074
name, six dollars, and for each additional name, one dollar.	15075

(B) In addition to the fee for service and return:

15076

(1) On each summons, writ, order, or notice, a fee of ~~one~~	15077
~~dollar~~two dollars per mile for the first mile, and ~~fifty cents~~	15078
one dollar per mile for each additional mile, going and returning,	15079
actual mileage to be charged on each additional name;	15080

(2) Taking bail bond, three dollars;

15081

(3) Jail fees, as follows:

15082

(a) For receiving a prisoner, five dollars each time a	15083
prisoner is received, and for discharging or surrendering a	15084
prisoner, five dollars each time a prisoner is discharged or	15085
surrendered. The departure or return of a prisoner from or to a	15086
jail in connection with a program established under section	15087
5147.28 of the Revised Code is not a receipt, discharge, or	15088
surrender of the prisoner for purposes of this division.	15089

(b) Taking a prisoner before a judge or court, per day, five	15090
dollars;	15091

15092

(d) Calling jury, three dollars;

15093

(e) Calling each witness, three dollars;

15094

(f) Bringing prisoner before court on habeas corpus, six	15095
dollars.	15096

(4) Poundage on all moneys actually made and paid to the	15097
sheriff on execution, decree, or sale of real estate, one and	15098
one-half per cent;	15099

(5) Making and executing a deed of land sold on execution,	15100
decree, or order of the court, to be paid by the purchaser, fifty	15101
dollars.	15102

When any of the services described in division (A) or (B) of	15103
this section are rendered by an officer or employee, whose salary	15104
or per diem compensation is paid by the county, the applicable	15105
legal fees and any other extraordinary expenses, including	15106
overtime, provided for the service shall be taxed in the costs in	15107
the case and, when collected, shall be paid into the general fund	15108
of the county.	15109

The sheriff shall charge the same fees for the execution of	15110
process issued in any other state as the sheriff charges for the	15111
execution of process of a substantively similar nature that is	15112
issued in this state.	15113

Sec. 311.32. (A) A sheriff or deputy sheriff who is trained	15114
in the same manner as uniformed employees of the motor carrier	15115
enforcement unit created under section 5503.34 of the Revised	15116
Code may, to the same extent as those employees, enforce	15117
compliance with any provision of Chapters 4919., 4921., and 4923.	15118
of the Revised Code or of a rule or order adopted or issued by the	15119
commission under those chapters regarding commercial motor	15120
vehicle transportation safety, economic, and hazardous materials	15121
requirements.	15122

(B)(1) A sheriff or deputy sheriff under division (A) of this	15123
section shall do both of the following:	15124

(a) Cooperate with the public utilities commission in	15125
carrying out that division and in enforcing any other applicable	15126
laws;	15127

(b) Comply with any rules adopted pursuant to section 4919.80	15128
of the Revised Code.	15129

(2) A uniformed sheriff or deputy sheriff under division (A)	15130
of this section may stop commercial motor vehicles for the	15131
purpose of inspecting those vehicles in carrying out that	15132
division.	15133

Sec. 319.301. (A) ~~This~~The reductions required by division	15134
(D) of this section ~~does~~do not apply to any of the following:	15135

(1) Taxes levied at whatever rate is required to produce a	15136
specified amount of tax money, including a tax levied under	15137
section 5705.199 or 5705.211 of the Revised Code, or an amount to	15138
pay debt charges;	15139

(2) Taxes levied within the one per cent limitation imposed	15140
by Section 2 of Article XII, Ohio Constitution;	15141

(3) Taxes provided for by the charter of a municipal	15142
corporation.	15143

(B) As used in this section:

15144

(1) "Real property" includes real property owned by a	15145
railroad.	15146

(2) "Carryover property" means all real property on the	15147
current year's tax list except:	15148

(a) Land and improvements that were not taxed by the district	15149
in both the preceding year and the current year;	15150

(b) Land and improvements that were not in the same class in	15151
both the preceding year and the current year.	15152

(3) "Effective tax rate" means with respect to each class of	15153
property:	15154

(a) The sum of the total taxes that would have been charged	15155
and payable for current expenses against real property in that	15156
class if each of the district's taxes were reduced for the current	15157
year under division (D)(1) of this section without regard to the	15158
application of division (E)(3) of this section divided by	15159

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

15160

(4) "Taxes charged and payable" means the taxes charged and	15161
payable prior to any reduction required by section 319.302 of the	15162
Revised Code.	15163

(C) The tax commissioner shall make the determinations	15164
required by this section each year, without regard to whether a	15165
taxing district has territory in a county to which section 5715.24	15166
of the Revised Code applies for that year. Separate determinations	15167
shall be made for each of the two classes established pursuant to	15168
section 5713.041 of the Revised Code.	15169

(D) With respect to each tax authorized to be levied by each	15170
taxing district, the tax commissioner, annually, shall do both of	15171
the following:	15172

(1) Determine by what percentage, if any, the sums levied by	15173
such tax against the carryover property in each class would have	15174
to be reduced for the tax to levy the same number of dollars	15175
against such property in that class in the current year as were	15176
charged against such property by such tax in the preceding year	15177
subsequent to the reduction made under this section but before the	15178
reduction made under section 319.302 of the Revised Code. In the	15179
case of a tax levied for the first time that is not a renewal of	15180
an existing tax, the commissioner shall determine by what	15181
percentage the sums that would otherwise be levied by such tax	15182
against carryover property in each class would have to be reduced	15183
to equal the amount that would have been levied if the full rate	15184
thereof had been imposed against the total taxable value of such	15185
property in the preceding tax year. A tax or portion of a tax that	15186
is designated a replacement levy under section 5705.192 of the	15187
Revised Code is not a renewal of an existing tax for purposes of	15188
this division.	15189

(2) Certify each percentage determined in division (D)(1) of	15190
this section, as adjusted under division (E) of this section, and	15191
the class of property to which that percentage applies to the	15192
auditor of each county in which the district has territory. The	15193
auditor, after complying with section 319.30 of the Revised Code,	15194
shall reduce the sum to be levied by such tax against each parcel	15195
of real property in the district by the percentage so certified	15196
for its class. Certification shall be made by the first day of	15197
September except in the case of a tax levied for the first time,	15198
in which case certification shall be made within fifteen days of	15199
the date the county auditor submits the information necessary to	15200
make the required determination.	15201

(E)(1) As used in division (E)(2) of this section, "pre-1982	15202
joint vocational taxes" means, with respect to a class of	15203
property, the difference between the following amounts:	15204

(a) The taxes charged and payable in tax year 1981 against	15205
the property in that class for the current expenses of the joint	15206
vocational school district of which the school district is a part	15207
after making all reductions under this section;	15208

(b) The following percentage of the taxable value of all real	15209
property in that class:	15210

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

15211

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

15212

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

15213

(iv) In 1990 and each subsequent year, two-tenths of one per	15214
cent.	15215

If the amount in division (E)(1)(b) of this section exceeds	15216
the amount in division (E)(1)(a) of this section, the pre-1982	15217
joint vocational taxes shall be zero.	15218

As used in divisions (E)(2) and (3) of this section, "taxes	15219
charged and payable" has the same meaning as in division (B)(4) of	15220
this section and excludes any tax charged and payable in 1985 or	15221
thereafter under sections 5705.194 to 5705.197 or section 5705.199	15222
or, 5705.213, or 5705.219 of the Revised Code.	15223

(2) If in the case of a school district other than a joint	15224
vocational or cooperative education school district any percentage	15225
required to be used in division (D)(2) of this section for either	15226
class of property could cause the total taxes charged and payable	15227
for current expenses to be less than two per cent of the taxable	15228
value of all real property in that class that is subject to	15229
taxation by the district, the commissioner shall determine what	15230
percentages would cause the district's total taxes charged and	15231
payable for current expenses against that class, after all	15232
reductions that would otherwise be made under this section, to	15233
equal, when combined with the pre-1982 joint vocational taxes	15234
against that class, the lesser of the following:	15235

(a) The sum of the rates at which those taxes are authorized	15236
to be levied;	15237

(b) Two per cent of the taxable value of the property in that	15238
class. The auditor shall use such percentages in making the	15239
reduction required by this section for that class.	15240

(3)(a) If in the case of a joint vocational school district	15241
any percentage required to be used in division (D)(2) of this	15242
section for either class of property could cause the total taxes	15243
charged and payable for current expenses for that class to be less	15244
than the designated amount, the commissioner shall determine what	15245
percentages would cause the district's total taxes charged and	15246
payable for current expenses for that class, after all reductions	15247
that would otherwise be made under this section, to equal the	15248
designated amount. The auditor shall use such percentages in	15249
making the reductions required by this section for that class.	15250

(b) As used in division (E)(3)(a) of this section, the	15251
designated amount shall equal the taxable value of all real	15252
property in the class that is subject to taxation by the district	15253
times the lesser of the following:	15254

(i) Two-tenths of one per cent;

15255

(ii) The district's effective rate plus the following	15256
percentage for the year indicated:	15257

WHEN COMPUTING THE	ADD THE FOLLOWING	15258
TAXES CHARGED FOR	PERCENTAGE:	15259
1987	0.025%	15260
1988	0.05%	15261
1989	0.075%	15262
1990	0.1%	15263
1991	0.125%	15264
1992	0.15%	15265
1993	0.175%	15266
1994 and thereafter	0.2%	15267

(F) No reduction shall be made under this section in the rate	15268
at which any tax is levied.	15269

(G) The commissioner may order a county auditor to furnish	15270
any information the commissioner needs to make the determinations	15271
required under division (D) or (E) of this section, and the	15272
auditor shall supply the information in the form and by the date	15273
specified in the order. If the auditor fails to comply with an	15274
order issued under this division, except for good cause as	15275
determined by the commissioner, the commissioner shall withhold	15276
from such county or taxing district therein fifty per cent of	15277
state revenues to local governments pursuant to section 5747.50 of	15278
the Revised Code or shall direct the department of education to	15279
withhold therefrom fifty per cent of state revenues to school	15280
districts pursuant to ~~Chapter~~Chapters 3306. and 3317. of the	15281
Revised Code. The commissioner shall withhold the distribution of	15282
such revenues until the county auditor has complied with this	15283
division, and the department shall withhold the distribution of	15284
such revenues until the commissioner has notified the department	15285
that the county auditor has complied with this division.	15286

(H) If the commissioner is unable to certify a tax reduction	15287
factor for either class of property in a taxing district located	15288
in more than one county by the last day of November because	15289
information required under division (G) of this section is	15290
unavailable, the commissioner may compute and certify an estimated	15291
tax reduction factor for that district for that class. The	15292
estimated factor shall be based upon an estimate of the	15293
unavailable information. Upon receipt of the actual information	15294
for a taxing district that received an estimated tax reduction	15295
factor, the commissioner shall compute the actual tax reduction	15296
factor and use that factor to compute the taxes that should have	15297
been charged and payable against each parcel of property for the	15298
year for which the estimated reduction factor was used. The amount	15299
by which the estimated factor resulted in an overpayment or	15300
underpayment in taxes on any parcel shall be added to or	15301
subtracted from the amount due on that parcel in the ensuing tax	15302
year.	15303

A percentage or a tax reduction factor determined or computed	15304
by the commissioner under this section shall be used solely for	15305
the purpose of reducing the sums to be levied by the tax to which	15306
it applies for the year for which it was determined or computed.	15307
It shall not be used in making any tax computations for any	15308
ensuing tax year.	15309

(I) In making the determinations under division (D)(1) of	15310
this section, the tax commissioner shall take account of changes	15311
in the taxable value of carryover property resulting from	15312
complaints filed under section 5715.19 of the Revised Code for	15313
determinations made for the tax year in which such changes are	15314
reported to the commissioner. Such changes shall be reported to	15315
the commissioner on the first abstract of real property filed with	15316
the commissioner under section 5715.23 of the Revised Code	15317
following the date on which the complaint is finally determined by	15318
the board of revision or by a court or other authority with	15319
jurisdiction on appeal. The tax commissioner shall account for	15320
such changes in making the determinations only for the tax year in	15321
which the change in valuation is reported. Such a valuation change	15322
shall not be used to recompute the percentages determined under	15323
division (D)(1) of this section for any prior tax year.	15324

Sec. 319.302. (A)(1) Real property that is not intended	15325
primarily for use in a business activity shall qualify for a	15326
partial exemption from real property taxation. For purposes of	15327
this partial exemption, "business activity" includes all uses of	15328
real property, except farming; leasing property for farming;	15329
occupying or holding property improved with single-family,	15330
two-family, or three-family dwellings; leasing property improved	15331
with single-family, two-family, or three-family dwellings; or	15332
holding vacant land that the county auditor determines will be	15333
used for farming or to develop single-family, two-family, or	15334
three-family dwellings. For purposes of this partial exemption,	15335
"farming" does not include land used for the commercial production	15336
of timber that is receiving the tax benefit under section 5713.23	15337
or 5713.31 of the Revised Code and all improvements connected with	15338
such commercial production of timber.	15339

(2) Each year, the county auditor shall review each parcel of	15340
real property to determine whether it qualifies for the partial	15341
exemption provided for by this section as of the first day of	15342
January of the current tax year.	15343

(B) After complying with section 319.301 of the Revised Code,	15344
the county auditor shall reduce the remaining sums to be levied	15345
against each parcel of real property that is listed on the general	15346
tax list and duplicate of real and public utility property for the	15347
current tax year and that qualifies for partial exemption under	15348
division (A) of this section, and against each manufactured and	15349
mobile home that is taxed pursuant to division (D)(2) of section	15350
4503.06 of the Revised Code and that is on the manufactured home	15351
tax list for the current tax year, by ten per cent, to provide a	15352
partial exemption for that parcel or home. Except as otherwise	15353
provided in sections 323.152, 323.158, 505.06, and 715.263 of the	15354
Revised Code, the amount of the taxes remaining after any such	15355
reduction shall be the real and public utility property taxes	15356
charged and payable on each parcel of real property, including	15357
property that does not qualify for partial exemption under	15358
division (A) of this section, and the manufactured home tax	15359
charged and payable on each manufactured or mobile home, and shall	15360
be the amounts certified to the county treasurer for collection.	15361
Upon receipt of the real and public utility property tax	15362
duplicate, the treasurer shall certify to the tax commissioner the	15363
total amount by which the real property taxes were reduced under	15364
this section, as shown on the duplicate. Such reduction shall not	15365
directly or indirectly affect the determination of the principal	15366
amount of notes that may be issued in anticipation of any tax	15367
levies or the amount of bonds or notes for any planned	15368
improvements. If after application of sections 5705.31 and 5705.32	15369
of the Revised Code and other applicable provisions of law,	15370
including divisions (F) and (I) of section 321.24 of the Revised	15371
Code, there would be insufficient funds for payment of debt	15372
charges on bonds or notes payable from taxes reduced by this	15373
section, the reduction of taxes provided for in this section shall	15374
be adjusted to the extent necessary to provide funds from such	15375
taxes.	15376

(C) The tax commissioner may adopt rules governing the	15377
administration of the partial exemption provided for by this	15378
section.	15379

(D) The determination of whether property qualifies for	15380
partial exemption under division (A) of this section is solely for	15381
the purpose of allowing the partial exemption under division (B)	15382
of this section.	15383

Sec. 319.54. (A) On all moneys collected by the county	15384
treasurer on any tax duplicate of the county, other than estate	15385
tax duplicates, and on all moneys received as advance payments of	15386
personal property and classified property taxes, the county	15387
auditor, on settlement with the treasurer and tax commissioner, on	15388
or before the date prescribed by law for such settlement or any	15389
lawful extension of such date, shall be allowed as compensation	15390
for the county auditor's services the following percentages:	15391

(1) On the first one hundred thousand dollars, two and	15392
one-half per cent;	15393

(2) On the next two million dollars, eight thousand three	15394
hundred eighteen ten-thousandths of one per cent;	15395

(3) On the next two million dollars, six thousand six hundred	15396
fifty-five ten-thousandths of one per cent;	15397

(4) On all further sums, one thousand six hundred sixty-three	15398
ten-thousandths of one per cent.	15399

If any settlement is not made on or before the date	15400
prescribed by law for such settlement or any lawful extension of	15401
such date, the aggregate compensation allowed to the auditor shall	15402
be reduced one per cent for each day such settlement is delayed	15403
after the prescribed date. No penalty shall apply if the auditor	15404
and treasurer grant all requests for advances up to ninety per	15405
cent of the settlement pursuant to section 321.34 of the Revised	15406
Code. The compensation allowed in accordance with this section on	15407
settlements made before the dates prescribed by law, or the	15408
reduced compensation allowed in accordance with this section on	15409
settlements made after the date prescribed by law or any lawful	15410
extension of such date, shall be apportioned ratably by the	15411
auditor and deducted from the shares or portions of the revenue	15412
payable to the state as well as to the county, townships,	15413
municipal corporations, and school districts.	15414

(B) For the purpose of reimbursing county auditors for the	15415
expenses associated with the increased number of applications for	15416
reductions in real property taxes under sections 323.152 and	15417
4503.065 of the Revised Code that ~~results~~result from the	15418
amendment of those sections by Am. Sub. H.B. 119 of the 127th	15419
general assembly, ~~on the first day of August of each year~~ there	15420
shall be paid from the state's general revenue fund to the county	15421
treasury, to the credit of the real estate assessment fund	15422
created by section 325.31 of the Revised Code, an amount equal to	15423
one per cent of the total annual amount of property tax relief	15424
reimbursement paid to that county under sections 323.156 and	15425
4503.068 of the Revised Code for the preceding tax year. Payments	15426
made under this division shall be made at the same times and in	15427
the same manner as payments made under section 323.156 of the	15428
Revised Code.	15429

(C) From all moneys collected by the county treasurer on any	15430
tax duplicate of the county, other than estate tax duplicates, and	15431
on all moneys received as advance payments of personal property	15432
and classified property taxes, there shall be paid into the county	15433
treasury to the credit of the real estate assessment fund created	15434
by section 325.31 of the Revised Code, an amount to be determined	15435
by the county auditor, which shall not exceed the percentages	15436
prescribed in divisions (C)(1) and (2) of this section.	15437

(1) For payments made after June 30, 2007, and before 2011,	15438
the following percentages:	15439

(a) On the first five hundred thousand dollars, four per	15440
cent;	15441

(b) On the next five million dollars, two per cent;

15442

15443

(d) On all further sums not exceeding one hundred fifty	15444
million dollars, three-quarters of one per cent;	15445

(e) On amounts exceeding one hundred fifty million dollars,	15446
five hundred eighty-five thousandths of one per cent.	15447

(2) For payments made in or after 2011, the following	15448
percentages:	15449

(a) On the first five hundred thousand dollars, four per	15450
cent;	15451

(b) On the next ten million dollars, two per cent;

15452

(c) On amounts exceeding ten million five hundred thousand	15453
dollars, three-fourths of one per cent.	15454

Such compensation shall be apportioned ratably by the auditor	15455
and deducted from the shares or portions of the revenue payable to	15456
the state as well as to the county, townships, municipal	15457
corporations, and school districts.	15458

(D) Each county auditor shall receive four per cent of the	15459
amount of tax collected and paid into the county treasury, on	15460
property omitted and placed by the county auditor on the tax	15461
duplicate.	15462

(E) On all estate tax moneys collected by the county	15463
treasurer, the county auditor, on settlement semiannually with the	15464
tax commissioner, shall be allowed, as compensation for the	15465
auditor's services under Chapter 5731. of the Revised Code, the	15466
following percentages:	15467

(1) Four per cent on the first one hundred thousand dollars;

15468

(2) One-half of one per cent on all additional sums.

15469

Such percentages shall be computed upon the amount collected	15470
and reported at each semiannual settlement, and shall be for the	15471
use of the general fund of the county.	15472

(F) On all cigarette license moneys collected by the county	15473
treasurer, the county auditor, on settlement semiannually with the	15474
treasurer, shall be allowed as compensation for the auditor's	15475
services in the issuing of such licenses one-half of one per cent	15476
of such moneys, to be apportioned ratably and deducted from the	15477
shares of the revenue payable to the county and subdivisions, for	15478
the use of the general fund of the county.	15479

(G) The county auditor shall charge and receive fees as	15480
follows:	15481

(1) For deeds of land sold for taxes to be paid by the	15482
purchaser, five dollars;	15483

(2) For the transfer or entry of land, lot, or part of lot,	15484
or the transfer or entry on or after January 1, 2000, of a used	15485
manufactured home or mobile home as defined in section 5739.0210	15486
of the Revised Code, fifty cents for each transfer or entry, to be	15487
paid by the person requiring it;	15488

(3) For receiving statements of value and administering	15489
section 319.202 of the Revised Code, one dollar, or ten cents for	15490
each one hundred dollars or fraction of one hundred dollars,	15491
whichever is greater, of the value of the real property	15492
transferred or, for sales occurring on or after January 1, 2000,	15493
the value of the used manufactured home or used mobile home, as	15494
defined in section 5739.0210 of the Revised Code, transferred,	15495
except no fee shall be charged when the transfer is made:	15496

(a) To or from the United States, this state, or any	15497
instrumentality, agency, or political subdivision of the United	15498
States or this state;	15499

(b) Solely in order to provide or release security for a debt	15500
or obligation;	15501

(c) To confirm or correct a deed previously executed and	15502
recorded or when a current owner on the general tax list of real	15503
and public utility property and the general duplicate of real and	15504
public utility property is a peace officer, parole officer,	15505
prosecuting attorney, assistant prosecuting attorney,	15506
correctional employee, youth services employee, firefighter, or	15507
EMT and is changing the current owner name listed on the general	15508
tax list of real and public utility property and the general	15509
duplicate of real and public utility property to the initials of	15510
the current owner as prescribed in division (B)(1) of section	15511
319.28 of the Revised Code;	15512

(d) To evidence a gift, in trust or otherwise and whether	15513
revocable or irrevocable, between husband and wife, or parent and	15514
child or the spouse of either;	15515

(e) On sale for delinquent taxes or assessments;

15516

(f) Pursuant to court order, to the extent that such transfer	15517
is not the result of a sale effected or completed pursuant to such	15518
order;	15519

(g) Pursuant to a reorganization of corporations or	15520
unincorporated associations or pursuant to the dissolution of a	15521
corporation, to the extent that the corporation conveys the	15522
property to a stockholder as a distribution in kind of the	15523
corporation's assets in exchange for the stockholder's shares in	15524
the dissolved corporation;	15525

(h) By a subsidiary corporation to its parent corporation for	15526
no consideration, nominal consideration, or in sole consideration	15527
of the cancellation or surrender of the subsidiary's stock;	15528

(i) By lease, whether or not it extends to mineral or mineral	15529
rights, unless the lease is for a term of years renewable forever;	15530

(j) When the value of the real property or the manufactured	15531
or mobile home or the value of the interest that is conveyed does	15532
not exceed one hundred dollars;	15533

(k) Of an occupied residential property, including a	15534
manufactured or mobile home, being transferred to the builder of a	15535
new residence or to the dealer of a new manufactured or mobile	15536
home when the former residence is traded as part of the	15537
consideration for the new residence or new manufactured or mobile	15538
home;	15539

(l) To a grantee other than a dealer in real property or in	15540
manufactured or mobile homes, solely for the purpose of, and as a	15541
step in, the prompt sale of the real property or manufactured or	15542
mobile home to others;	15543

(m) To or from a person when no money or other valuable and	15544
tangible consideration readily convertible into money is paid or	15545
to be paid for the real estate or manufactured or mobile home and	15546
the transaction is not a gift;	15547

(n) Pursuant to division (B) of section 317.22 of the Revised	15548
Code, or section 2113.61 of the Revised Code, between spouses or	15549
to a surviving spouse pursuant to section 5302.17 of the Revised	15550
Code as it existed prior to April 4, 1985, between persons	15551
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	15552
after April 4, 1985, to a person who is a surviving, survivorship	15553
tenant pursuant to section 5302.17 of the Revised Code on or after	15554
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	15555

(o) To a trustee acting on behalf of minor children of the	15556
deceased;	15557

(p) Of an easement or right-of-way when the value of the	15558
interest conveyed does not exceed one thousand dollars;	15559

(q) Of property sold to a surviving spouse pursuant to	15560
section 2106.16 of the Revised Code;	15561

(r) To or from an organization exempt from federal income	15562
taxation under section 501(c)(3) of the "Internal Revenue Code of	15563
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	15564
transfer is without consideration and is in furtherance of the	15565
charitable or public purposes of such organization;	15566

(s) Among the heirs at law or devisees, including a surviving	15567
spouse, of a common decedent, when no consideration in money is	15568
paid or to be paid for the real property or manufactured or mobile	15569
home;	15570

(t) To a trustee of a trust, when the grantor of the trust	15571
has reserved an unlimited power to revoke the trust;	15572

(u) To the grantor of a trust by a trustee of the trust, when	15573
the transfer is made to the grantor pursuant to the exercise of	15574
the grantor's power to revoke the trust or to withdraw trust	15575
assets;	15576

(v) To the beneficiaries of a trust if the fee was paid on	15577
the transfer from the grantor of the trust to the trustee or if	15578
the transfer is made pursuant to trust provisions which became	15579
irrevocable at the death of the grantor;	15580

(w) To a corporation for incorporation into a sports facility	15581
constructed pursuant to section 307.696 of the Revised Code;	15582

(x) Between persons pursuant to section 5302.18 of the	15583
Revised Code;	15584

(y) From a county land reutilization corporation organized	15585
under Chapter 1724. of the Revised Code to a third party.	15586

The auditor shall compute and collect the fee. The auditor	15587
shall maintain a numbered receipt system, as prescribed by the tax	15588
commissioner, and use such receipt system to provide a receipt to	15589
each person paying a fee. The auditor shall deposit the receipts	15590
of the fees on conveyances in the county treasury daily to the	15591
credit of the general fund of the county, except that fees	15592
charged and received under division (G)(3) of this section for a	15593
transfer of real property to a county land reutilization	15594
corporation shall be credited to the county land reutilization	15595
corporation fund established under section 321.263 of the	15596
Revised Code.	15597

The real property transfer fee provided for in division	15598
(G)(3) of this section shall be applicable to any conveyance of	15599
real property presented to the auditor on or after January 1,	15600
1968, regardless of its time of execution or delivery.	15601

The transfer fee for a used manufactured home or used mobile	15602
home shall be computed by and paid to the county auditor of the	15603
county in which the home is located immediately prior to the	15604
transfer.	15605

Sec. 321.24. (A) On or before the fifteenth day of February,	15606
in each year, the county treasurer shall settle with the county	15607
auditor for all taxes and assessments that the treasurer has	15608
collected on the general duplicate of real and public utility	15609
property at the time of making the settlement.	15610

(B) On or before the thirtieth day of June, in each year, the	15611
treasurer shall settle with the auditor for all advance payments	15612
of general personal and classified property taxes that the	15613
treasurer has received at the time of making the settlement.	15614

(C) On or before the tenth day of August, in each year, the	15615
treasurer shall settle with the auditor for all taxes and	15616
assessments that the treasurer has collected on the general	15617
duplicates of real and public utility property at the time of	15618
making such settlement, not included in the preceding February	15619
settlement.	15620

(D) On or before the thirty-first day of October, in each	15621
year, the treasurer shall settle with the auditor for all taxes	15622
that the treasurer has collected on the general personal and	15623
classified property duplicates, and for all advance payments of	15624
general personal and classified property taxes, not included in	15625
the preceding June settlement, that the treasurer has received at	15626
the time of making such settlement.	15627

(E) In the event the time for the payment of taxes is	15628
extended, pursuant to section 323.17 of the Revised Code, the date	15629
on or before which settlement for the taxes so extended must be	15630
made, as herein prescribed, shall be deemed to be extended for a	15631
like period of time. At each such settlement, the auditor shall	15632
allow to the treasurer, on the moneys received or collected and	15633
accounted for by the treasurer, the treasurer's fees, at the rate	15634
or percentage allowed by law, at a full settlement of the	15635
treasurer.	15636

(F) Within thirty days after the day of each settlement of	15637
taxes required under divisions (A) and (C) of this section, the	15638
treasurer shall certify to the tax commissioner any adjustments	15639
that have been made to the amount certified previously pursuant to	15640
section 319.302 of the Revised Code and that the settlement has	15641
been completed. Upon receipt of such certification, the	15642
commissioner shall provide for payment to the county treasurer	15643
from the general revenue fund of an amount equal to one-half of	15644
the amount certified by the treasurer in the preceding tax year	15645
under section 319.302 of the Revised Code, less one-half of the	15646
amount computed for all taxing districts in that county for the	15647
current fiscal year under section 5703.80 of the Revised Code for	15648
crediting to the property tax administration fund. Such payment	15649
shall be credited upon receipt to the county's undivided income	15650
tax fund, and the county auditor shall transfer to the county	15651
general fund from the amount thereof the total amount of all fees	15652
and charges which the auditor and treasurer would have been	15653
authorized to receive had such section not been in effect and that	15654
amount had been levied and collected as taxes. The county auditor	15655
shall distribute the amount remaining among the various taxing	15656
districts in the county as if it had been levied, collected, and	15657
settled as real property taxes. The amount distributed to each	15658
taxing district shall be reduced by the total of the amounts	15659
computed for the district under section 5703.80 of the Revised	15660
Code, but the reduction shall not exceed the amount that otherwise	15661
would be distributed to the taxing district under this division.	15662
The tax commissioner shall make available to taxing districts such	15663
information as is sufficient for a taxing district to be able to	15664
determine the amount of the reduction in its distribution under	15665
this section.	15666

(G)(1) Within thirty days after the day of the settlement	15667
required in division (D) of this section, the county treasurer	15668
shall notify the tax commissioner that the settlement has been	15669
completed. Upon receipt of that notification, the commissioner	15670
shall provide for payment to the county treasurer from the general	15671
revenue fund of an amount equal to the amount certified under	15672
former section 319.311 of the Revised Code and paid in the state's	15673
fiscal year 2003 multiplied by the percentage specified in	15674
division (G)(2) of this section. The payment shall be credited	15675
upon receipt to the county's undivided income tax fund, and the	15676
county auditor shall distribute the amount thereof among the	15677
various taxing districts of the county as if it had been levied,	15678
collected, and settled as personal property taxes. The amount	15679
received by a taxing district under this division shall be	15680
apportioned among its funds in the same proportion as the current	15681
year's personal property taxes are apportioned.	15682

(2) Payments required under division (G)(1) of this section	15683
shall be made at the following percentages of the amount certified	15684
under former section 319.311 of the Revised Code and paid under	15685
division (G)(1) of this section in the state's fiscal year 2003:	15686

(a) In fiscal year 2004, ninety per cent;

15687

(b) In fiscal year 2005, eighty per cent;

15688

15689

(d) In fiscal year 2007, forty per cent;

15690

(e) In fiscal year 2008, thirty-two per cent;

15691

(f) In fiscal year 2009, sixteen per cent.

15692

After fiscal year 2009, no payments shall be made under	15693
division (G)(1) of this section.	15694

(H)(1) On or before the fifteenth day of April each year, the	15695
county treasurer shall settle with the county auditor for all	15696
manufactured home taxes that the county treasurer has collected on	15697
the manufactured home tax duplicate at the time of making the	15698
settlement.	15699

(2) On or before the fifteenth day of September each year,	15700
the county treasurer shall settle with the county auditor for all	15701
remaining manufactured home taxes that the county treasurer has	15702
collected on the manufactured home tax duplicate at the time of	15703
making the settlement.	15704

(3) If the time for payment of such taxes is extended under	15705
section 4503.06 of the Revised Code, the time for making the	15706
settlement as prescribed by divisions (H)(1) and (2) of this	15707
section is extended for a like period of time.	15708

(I) ~~Within thirty days after the day of each settlement of~~	15709
~~taxes required under division (H) of this section~~On or before the	15710
second Monday in September of each year, the county treasurer	15711
shall certify to the tax commissioner ~~any adjustments that have~~	15712
~~been made to the amount certified previously~~the total amount by	15713
which the manufactured home taxes levied in that year were reduced	15714
pursuant to section 319.302 of the Revised Code ~~and that the~~	15715
~~settlement has been completed. Upon~~. Within ninety days after the	15716
receipt of such certification, the commissioner shall provide for	15717
payment to the county treasurer from the general revenue fund of	15718
an amount equal to ~~one-half of~~ the amount certified by the	15719
treasurer ~~in the current tax year under section 319.302 of the~~	15720
~~Revised Code~~. Such payment shall be credited upon receipt to the	15721
county's undivided income tax fund, and the county auditor shall	15722
transfer to the county general fund from the amount thereof the	15723
total amount of all fees and charges that the auditor and	15724
treasurer would have been authorized to receive had such section	15725
not been in effect and that amount had been levied and collected	15726
as manufactured home taxes. The county auditor shall distribute	15727
the amount remaining among the various taxing districts in the	15728
county as if it had been levied, collected, and settled as	15729
manufactured home taxes.	15730

Sec. 323.156. (A) Within thirty days after a settlement of	15731
taxes under divisions (A),and (C)~~, and (H)~~ of section 321.24 of	15732
the Revised Code, the county treasurer shall certify to the tax	15733
commissioner one-half of the total amount of taxes on real	15734
property that were reduced pursuant to section 323.152 of the	15735
Revised Code for the preceding tax year~~, and one-half of the total~~	15736
~~amount of taxes on manufactured and mobile homes that were reduced~~	15737
~~pursuant to division (B) of section 323.152 of the Revised Code~~	15738
~~for the current tax year~~. The commissioner, within thirty days of	15739
the receipt of such certifications, shall provide for payment to	15740
the county treasurer, from the general revenue fund, of the amount	15741
certified, which shall be credited upon receipt to the county's	15742
undivided income tax fund, and an amount equal to two per cent of	15743
the amount by which taxes were reduced, which shall be credited	15744
upon receipt to the county general fund as a payment, in addition	15745
to the fees and charges authorized by sections 319.54 and 321.26	15746
of the Revised Code, to the county auditor and treasurer for the	15747
costs of administering the exemption provided under sections	15748
323.151 to 323.159 of the Revised Code.	15749

(B) On or before the second Monday in September of each year,	15750
the county treasurer shall certify to the tax commissioner the	15751
total amount by which the manufactured home taxes levied in that	15752
year were reduced pursuant to division (B) of section 323.152 of	15753
the Revised Code, as evidenced by the certificates of reduction	15754
and the tax duplicate certified to the county treasurer by the	15755
county auditor. The commissioner, within ninety days after the	15756
receipt of such certifications, shall provide for payment to the	15757
county treasurer, from the general revenue fund, of the amount	15758
certified, which shall be credited upon receipt to the county's	15759
undivided income tax fund, and an amount equal to two per cent of	15760
the amount by which taxes were reduced, which shall be credited	15761
upon receipt to the county general fund as a payment, in addition	15762
to the fees and charges authorized by sections 319.54 and 321.26	15763
of the Revised Code, to the county auditor and treasurer for the	15764
costs of administering the exemption provided under sections	15765
323.151 to 323.159 of the Revised Code.	15766

(C) Immediately upon receipt of funds into the county	15767
undivided income tax fund under this section, the auditor shall	15768
distribute the full amount thereof among the taxing districts in	15769
the county as though the total had been paid as taxes by each	15770
person for whom taxes were reduced under sections 323.151 to	15771
323.159 of the Revised Code.	15772

Sec. 323.78. Notwithstanding anything in Chapters 323.,	15773
5721., and 5723. of the Revised Code, if the county treasurer ~~of a~~	15774
~~county having a population of more than one million two hundred~~	15775
~~thousand as of the most recent decennial census,~~ in any petition	15776
for foreclosure of abandoned lands, elects to invoke the	15777
alternative redemption period, then upon any adjudication of	15778
foreclosure by any court or the board of revision in any	15779
proceeding under section 323.25, sections 323.65 to 323.79, or	15780
section 5721.18 of the Revised Code, the following apply:	15781

(A) Unless otherwise ordered by a motion of the court or	15782
board of revision, the petition shall assert, and any notice of	15783
final hearing shall include, that upon foreclosure of the parcel,	15784
the equity of redemption in any parcel by its owner shall be	15785
forever terminated after the expiration of the alternative	15786
redemption period, that the parcel thereafter may be sold at	15787
sheriff's sale either by itself or together with other parcels as	15788
permitted by law; or that the parcel may, by order of the court or	15789
board of revision, be transferred directly to a municipal	15790
corporation, township, county, school district, or county land	15791
reutilization corporation without appraisal and without a sale,	15792
free and clear of all impositions and any other liens on the	15793
property, which shall be deemed forever satisfied and discharged.	15794

(B) After the expiration of the alternative redemption period	15795
following an adjudication of foreclosure, by order of the court or	15796
board of revision, any equity of redemption is forever	15797
extinguished, and the parcel may be transferred individually or	15798
in lots with other tax-foreclosed properties to a municipal	15799
corporation, township, county, school district, or county land	15800
reutilization corporation without appraisal and without a sale,	15801
upon which all impositions and any other liens subordinate to	15802
liens for impositions due at the time the deed to the property is	15803
conveyed to a purchaser or transferred to a community development	15804
organization, county land reutilization corporation, municipal	15805
corporation, county, township, or school district, shall be deemed	15806
satisfied and discharged. Other than the order of the court or	15807
board of revision so ordering the transfer of the parcel, no	15808
further act of confirmation or other order shall be required for	15809
such a transfer, or for the extinguishment of any right of	15810
redemption. No such parcel shall be transferred to a county land	15811
reutilization corporation after two years following the filing of	15812
its articles of incorporation by the secretary of state.	15813

(C) Upon the expiration of the alternative redemption period	15814
in cases to which the alternative redemption period has been	15815
ordered, if no community development organization, county land	15816
reutilization corporation, municipal corporation, county,	15817
township, or school district has requested title to the parcel,	15818
the court or board of revision may order the property sold as	15819
otherwise provided in Chapters 323. and 5721. of the Revised	15820
Code, and, failing any bid at any such sale, the parcel shall be	15821
forfeited to the state and otherwise disposed of pursuant to	15822
Chapter 5723. of the Revised Code.	15823

Sec. 329.03. (A) As used in this section:

15824

~~(1) "Applicant"~~, "applicant" or "recipient" means anany of	15825
the following:	15826

(1) An applicant for or participant in the Ohio works first	15827
program established under Chapter 5107. of the Revised Code ~~or an~~;	15828

(2) An applicant for or recipient of disability financial	15829
assistance under Chapter 5115. of the Revised Code;	15830

(3) An applicant for or recipient of cash assistance provided	15831
under the refugee assistance program established under section	15832
5101.49 of the Revised Code.	15833

~~(2) "Voluntary direct deposit" means a system established~~	15834
~~pursuant to this section under which cash assistance payments to~~	15835
~~recipients who agree to direct deposit are made by direct deposit~~	15836
~~by electronic transfer to an account in a financial institution~~	15837
~~designated under this section.~~	15838

~~(3) "Mandatory direct deposit" means a system established~~	15839
~~pursuant to this section under which cash assistance payments to~~	15840
~~all participants in the Ohio works first program or recipients of~~	15841
~~disability financial assistance, other than those exempt under~~	15842
~~division (E) of this section, are made by direct deposit by~~	15843
~~electronic transfer to an account in a financial institution~~	15844
~~designated under this section.~~	15845

(B) ~~A board of county commissioners may by adoption of a~~	15846
~~resolution require the county department of job and family~~	15847
~~services to establish a direct deposit system for distributing~~	15848
~~cash assistance payments under Ohio works first, disability~~	15849
~~financial assistance, or both, unless the director of job and~~	15850
~~family services has provided for those payments to be made by~~	15851
~~electronic benefit transfer pursuant to section 5101.33 of the~~	15852
~~Revised Code. Voluntary or mandatory direct deposit may be~~	15853
~~applied to either of the programs. The resolution shall specify~~	15854
~~for each program for which direct deposit is to be established~~	15855
~~whether direct deposit is voluntary or mandatory. The board may~~	15856
~~require the department to change or terminate direct deposit by~~	15857
~~adopting a resolution to change or terminate it. Within ninety~~	15858
~~days after adopting a resolution under this division, the board~~	15859
~~shall certify one copy of the resolution to the director of job~~	15860
~~and family services and one copy to the office of budget and~~	15861
~~management. The director of job and family services may adopt~~	15862
~~rules governing establishment of direct deposit by county~~	15863
~~departments of job and family services.~~	15864

~~The county department of job and family services shall~~	15865
~~determine what type of account will be used for direct deposit and~~	15866
~~negotiate with financial institutions to determine the charges, if~~	15867
~~any, to be imposed by a financial institution for establishing and~~	15868
~~maintaining such accounts. Under voluntary direct deposit, the~~	15869
~~county department of job and family services may pay all charges~~	15870
~~imposed by a financial institution for establishing and~~	15871
~~maintaining an account in which direct deposits are made for a~~	15872
~~recipient. Under mandatory direct deposit, the county department~~	15873
~~of job and family services shall pay all charges imposed by a~~	15874
~~financial institution for establishing and maintaining such an~~	15875
~~account~~Each county department of job and family services shall	15876
establish a direct deposit system under which cash assistance	15877
payments to recipients who agree to direct deposit are made by	15878
electronic transfer to an account in a financial institution	15879
designated under this section. No financial institution shall	15880
impose any charge for such an account that the institution does	15881
not impose on its other customers for the same type of account.	15882
Direct deposit does not affect the exemption of Ohio works first	15883
and disability financial assistance from attachment, garnishment,	15884
or other like process afforded by sections 5107.75 and 5115.06 of	15885
the Revised Code.	15886

(C) ~~The~~Each county department of job and family services	15887
shall~~, within sixty days after a resolution requiring the~~	15888
~~establishment of direct deposit is adopted, establish procedures~~	15889
~~governing direct deposit.~~	15890

~~Within one hundred eighty days after the resolution is~~	15891
~~adopted, the county department shall~~do all of the following:	15892

(1) Inform each applicant or recipient that the applicant or	15893
recipient must choose whether to receive cash assistance payments	15894
under the direct deposit system established under this section or	15895
under the electronic benefit transfer system established under	15896
section 5101.33 of the Revised Code;	15897

(2) Inform each applicant and recipient of the conditions	15898
under which the applicant or recipient may change the system used	15899
to receive the cash assistance payments;	15900

(3) Inform each applicant or recipient of the procedures	15901
governing the direct deposit~~, including in the case of voluntary~~	15902
~~direct deposit those that prescribe the conditions under which a~~	15903
~~recipient may change from one method of payment to another~~system;	15904

~~(2) Obtain~~(4) If an applicant or recipient chooses to	15905
receive cash assistance payments under the direct deposit system,	15906
obtain from ~~each~~the applicant or recipient an authorization form	15907
to designate a financial institution equipped for and authorized	15908
by law to accept direct deposits by electronic transfer and the	15909
account into which the applicant or recipient wishes the payments	15910
to be made~~, or in the case of voluntary direct deposit states the~~	15911
~~applicant's or recipient's election to receive such payments in~~	15912
~~the form of a paper warrant~~;	15913

(5) If an applicant or recipient chooses to receive cash	15914
assistance payments under the electronic benefit transfer system	15915
established under section 5101.33 of the Revised Code, obtain from	15916
the applicant or recipient a signed form to that effect.	15917

The department may require a recipient to complete a new	15918
authorization form whenever the department considers it necessary.	15919

A recipient's designation of a financial institution and	15920
account shall remain in effect until withdrawn in writing or	15921
dishonored by the financial institution, except that no change may	15922
be made in the authorization form until the next eligibility	15923
redetermination of the recipient unless the county department	15924
~~feels~~determines that good ~~grounds exist~~cause exists for an	15925
earlier change or the financial institution dishonors the	15926
recipient's account.	15927

(D) An applicant or recipient without an account who ~~either~~	15928
~~agrees or is required~~completes an authorization form to receive	15929
cash assistance payments by direct deposit shall have ten days	15930
after receiving the authorization form to designate an account	15931
suitable for direct deposit. If within the required time the	15932
applicant or recipient does not make the designation ~~or requests~~	15933
~~that the department make the designation~~, the ~~department~~recipient	15934
shall ~~designate a financial institution and help the recipient to~~	15935
~~open an account~~receive cash assistance payments under the	15936
electronic benefit transfer system established under section	15937
5101.33 of the Revised Code.	15938

(E) ~~At the time of giving an applicant or recipient the~~	15939
~~authorization form, the county department of job and family~~	15940
~~services of a county with mandatory direct deposit shall inform~~	15941
~~each applicant or recipient of the basis for exemption and the~~	15942
~~right to request exemption from direct deposit.~~	15943

~~Under mandatory direct deposit, an applicant or recipient who~~	15944
~~wishes to receive payments in the form of a paper warrant shall~~	15945
~~record on the authorization form a request for exemption under~~	15946
~~this division and the basis for the exemption.~~	15947

~~The department shall exempt from mandatory direct deposit any~~	15948
~~recipient who requests exemption and is any of the following:~~	15949

~~(1) Over age sixty-five;~~

15950

~~(2) Blind or disabled;~~

15951

~~(3) Likely, in the judgment of the department, to be caused~~	15952
~~personal hardship by direct deposit.~~	15953

~~A recipient granted an exemption under this division shall~~	15954
~~receive payments for which the recipient is eligible in the form~~	15955
~~of paper warrants.~~	15956

~~(F) The county department of job and family services shall~~	15957
~~bear the full cost of the amount of any replacement warrant issued~~	15958
~~to a recipient for whom an authorization form as provided in this~~	15959
~~section has not been obtained within one hundred eighty days after~~	15960
~~the later of the date the board of county commissioners adopts a~~	15961
~~resolution requiring payments of financial assistance by direct~~	15962
~~deposit to accounts of recipients of Ohio works first or~~	15963
~~disability financial assistance or the date the recipient made~~	15964
~~application for assistance, and shall not be reimbursed by the~~	15965
~~state for any part of the cost. Thereafter, the county department~~	15966
~~of job and family services shall continue to bear the full cost of~~	15967
~~each replacement warrant issued until the board of county~~	15968
~~commissioners requires the county department of job and family~~	15969
~~services to obtain from each such recipient the authorization~~	15970
~~forms as provided in~~The director of job and family services may	15971
adopt rules governing direct deposit systems established under	15972
this section.	15973

Sec. 329.042. ~~The~~Each county department of job and family	15974
services shall certify eligible public assistance and nonpublic	15975
assistance households ~~eligible under the "Food Stamp Act of 1964,"~~	15976
~~78 Stat. 703, 7 U.S.C.A. 2011, as amended, and~~for the	15977
supplemental nutrition assistance program in accordance with	15978
federal and state ~~regulations adopted pursuant to such act,~~law to	15979
enable low-income households to participate in the ~~food stamp~~	15980
supplemental nutrition assistance program and thereby to purchase	15981
foods having a greater monetary value than is possible under	15982
public assistance standard allowances or other low-income budgets.	15983

~~The~~Each county department of job and family services shall	15984
administer the distribution of ~~food stamp~~supplemental nutrition	15985
assistance program benefits under the supervision of the	15986
department of job and family services. The benefits shall be	15987
distributed by a method approved by the department of job and	15988
family services in accordance with the "Food ~~Stamp~~and Nutrition	15989
Act of ~~1964," 78 Stat. 703,~~2008 (7 U.S.C.A. 2011~~, as amended,~~et	15990
seq.) and regulations issued thereunder.	15991

~~The document referred to as the "authorization-to-participate~~	15992
~~card," which shows the face value of the benefits an eligible~~	15993
~~household is entitled to receive on presentment of the document,~~	15994
~~shall be issued, immediately upon certification, to a household~~	15995
~~determined under division (C) of section 5101.54 of the Revised~~	15996
~~Code to be in immediate need of food assistance by being~~	15997
~~personally handed by a member of the staff of the county~~	15998
~~department of job and family services to the member of the~~	15999
~~household in whose name application was made for participation in~~	16000
~~the program or the authorized representative of such member of the~~	16001
~~household.~~	16002

Sec. 329.06. (A) Except as provided in division (C) of this	16003
section and section 6301.08 of the Revised Code, the board of	16004
county commissioners shall establish a county family services	16005
planning committee. The board shall appoint a member to represent	16006
the county department of job and family services; an employee in	16007
the classified civil service of the county department of job and	16008
family services, if there are any such employees; and a member to	16009
represent the public. The board shall appoint other individuals to	16010
the committee in such a manner that the committee's membership is	16011
broadly representative of the groups of individuals and the public	16012
and private entities that have an interest in the family services	16013
provided in the county. The board shall make appointments in a	16014
manner that reflects the ethnic and racial composition of the	16015
county. The following groups and entities may be represented on	16016
the committee:	16017

(1) Consumers of family services;

16018

(2) The public children services agency;

16019

(3) The child support enforcement agency;

16020

(4) The county family and children first council;

16021

(5) Public and private colleges and universities;

16022

(6) Public entities that provide family services, including	16023
boards of health, boards of education, the county board of mental	16024
retardation and developmental disabilities, and the board of	16025
alcohol, drug addiction, and mental health services that serves	16026
the county;	16027

(7) Private nonprofit and for-profit entities that provide	16028
family services in the county or that advocate for consumers of	16029
family services in the county, including entities that provide	16030
services to or advocate for victims of domestic violence;	16031

(8) Labor organizations;

16032

(9) Any other group or entity that has an interest in the	16033
family services provided in the county, including groups or	16034
entities that represent any of the county's business, urban, and	16035
rural sectors.	16036

(B) The county family services planning committee shall do	16037
all of the following:	16038

(1) Serve as an advisory body to the board of county	16039
commissioners with regard to the family services provided in the	16040
county, including assistance under Chapters 5107. and 5108. of the	16041
Revised Code, publicly funded child care under Chapter 5104. of	16042
the Revised Code, and social services provided under section	16043
5101.46 of the Revised Code;	16044

(2) At least once a year, review and analyze the county	16045
department of job and family services' implementation of the	16046
programs established under Chapters 5107. and 5108. of the Revised	16047
Code. In its review, the committee shall use information available	16048
to it to examine all of the following:	16049

(a) Return of assistance groups to participation in either	16050
program after ceasing to participate;	16051

(b) Teen pregnancy rates among the programs' participants;

16052

(c) The other types of assistance the programs' participants	16053
receive, including ~~medical assistance~~medicaid under Chapter 5111.	16054
of the Revised Code, publicly funded child care under Chapter	16055
5104. of the Revised Code, ~~food stamp~~supplemental nutrition	16056
assistance program benefits under section 5101.54 of the Revised	16057
Code, and energy assistance under Chapter 5117. of the Revised	16058
Code;	16059

(d) Other issues the committee considers appropriate.

16060

The committee shall make recommendations to the board of	16061
county commissioners and county department of job and family	16062
services regarding the committee's findings.	16063

(3) Conduct public hearings on proposed county profiles for	16064
the provision of social services under section 5101.46 of the	16065
Revised Code;	16066

(4) At the request of the board, make recommendations and	16067
provide assistance regarding the family services provided in the	16068
county;	16069

(5) At any other time the committee considers appropriate,	16070
consult with the board and make recommendations regarding the	16071
family services provided in the county. The committee's	16072
recommendations may address the following:	16073

(a) Implementation and administration of family service	16074
programs;	16075

(b) Use of federal, state, and local funds available for	16076
family service programs;	16077

(c) Establishment of goals to be achieved by family service	16078
programs;	16079

(d) Evaluation of the outcomes of family service programs;

16080

(e) Any other matter the board considers relevant to the	16081
provision of family services.	16082

(C) If there is a committee in existence in a county on	16083
October 1, 1997, that the board of county commissioners determines	16084
is capable of fulfilling the responsibilities of a county family	16085
services planning committee, the board may designate the committee	16086
as the county's family services planning committee and the	16087
committee shall serve in that capacity.	16088

Sec. 340.033. (A) The board of alcohol, drug addiction, and	16089
mental health services shall serve as the planning agency for	16090
alcohol and drug addiction services for the county or counties in	16091
its service district. In accordance with procedures and guidelines	16092
established by the department of alcohol and drug addiction	16093
services, the board shall do all of the following:	16094

(1) Assess alcohol and drug addiction service needs and	16095
evaluate the need for alcohol and drug addiction programs;	16096

(2) According to the needs determined under division (A)(1)	16097
of this section, set priorities and develop plans for the	16098
operation of alcohol and drug addiction programs in cooperation	16099
with other local and regional planning and funding bodies and with	16100
relevant ethnic organizations;	16101

(3) Submit the plan for alcohol and drug addiction services	16102
required by section 3793.05 of the Revised Code to the department	16103
and implement the plan as approved by the department;	16104

(4) Provide to the department information to be included in	16105
the information system or systems established by the department	16106
under section 3793.04 of the Revised Code;	16107

(5) Enter into contracts with alcohol and drug addiction	16108
programs for the provision of alcohol and drug addiction services;	16109

(6) Review and evaluate alcohol and drug addiction programs	16110
in the district, and conduct program audits;	16111

(7) Prepare and submit to the department an annual report of	16112
the alcohol and drug addiction programs in the district;	16113

(8) Receive, compile, and transmit to the department	16114
applications for funding;	16115

(9) Promote, arrange, and implement working agreements with	16116
public and private social agencies and with judicial agencies;	16117

(10) Investigate, or request another agency to investigate,	16118
any complaint alleging abuse or neglect of any person receiving	16119
services from an alcohol or drug addiction program;	16120

(11) Establish a mechanism for the involvement of persons	16121
receiving services in, and obtaining their advice on, matters	16122
pertaining to alcohol or drug addiction services;	16123

(12) Recruit and promote local financial support, from	16124
private and public sources, for alcohol and drug addiction	16125
programs;	16126

(13) Approve fee schedules and related charges, adopt a unit	16127
cost schedule, or adopt other methods of payment for services	16128
provided by programs under contract pursuant to division (A)(5) of	16129
this section, in accordance with guidelines established by the	16130
department under section 3793.04 of the Revised Code.	16131

(B) In accordance with rules adopted by the auditor of state	16132
pursuant to section 117.20 of the Revised Code, at least annually	16133
the board shall audit all alcohol and drug addiction programs	16134
provided under contract with the board. The board may contract	16135
with private auditors for the performance of these audits. A copy	16136
of the fiscal audit report shall be provided to the director of	16137
alcohol and drug addiction services, the auditor of state, and the	16138
county auditor of each county in the board's district.	16139

(C) In contracting with a program under division (A)(5) of	16140
this section, a board shall consider the cost effectiveness of	16141
services provided by the program and the program's quality and	16142
continuity of care. The board may review cost elements, including	16143
salary costs, of the services provided by the program.	16144

A utilization review process shall be established as part of	16145
the contract for services. The board may establish this process in	16146
any way that it considers to be the most effective and efficient	16147
in meeting local needs.	16148

(D) If either the board or a program with which it contracts	16149
pursuant to division (A)(5) of this section proposes not to renew	16150
the contract or proposes substantial changes in contract terms on	16151
renewal of the contract, it shall give the other party to the	16152
contract written notice at least one hundred twenty days before	16153
the expiration date of the contract. During the first sixty days	16154
of this period, both parties shall attempt to resolve any dispute	16155
through good faith collaboration and negotiation in order that	16156
services to persons in need will be continued. If the dispute is	16157
not resolved during this time, either party may notify the	16158
department of alcohol and drug addiction services. The department	16159
may require both parties to submit the dispute to a mutually	16160
agreed upon third party with the cost to be shared by the board	16161
and the program. At least twenty days before the expiration of the	16162
contract, unless the board and the program agree to an extension,	16163
the third party shall issue to the board, program, and department,	16164
its recommendations for resolution of the dispute.	16165

The department shall adopt rules pursuant to Chapter 119. of	16166
the Revised Code establishing procedures for this dispute	16167
resolution process.	16168

(E) Section 307.86 of the Revised Code does not apply to	16169
contracts entered into pursuant to division (A)(5) of this	16170
section.	16171

(F)(1) With the prior approval of the department, a board of	16172
alcohol, drug addiction, and mental health services may operate an	16173
alcohol or drug addiction program as follows if there is no	16174
qualified program that is immediately available, willing to	16175
provide services, and able to obtain certification under Chapter	16176
3793. of the Revised Code:	16177

(a) In an emergency situation, any board may operate a	16178
program in order to provide essential services for the duration of	16179
the emergency;	16180

(b) In a service district with a population of at least one	16181
hundred thousand but less than five hundred thousand, a board may	16182
operate a program for no longer than one year;	16183

(c) In a service district with a population of less than one	16184
hundred thousand, a board may operate a program for no longer than	16185
one year, except that such a board may operate a program for	16186
longer than one year with the prior approval of the department and	16187
the prior approval of the board of county commissioners, or of a	16188
majority of the boards of county commissioners if the district is	16189
a joint-county district.	16190

(2) The department shall not give a board its approval to	16191
operate a program under division (F)(1)(c) of this section unless	16192
it determines that the board's program will provide greater	16193
administrative efficiency and more or better services than would	16194
be available if the board contracted with a program for provision	16195
of the services.	16196

(3) The department shall not give a board its approval to	16197
operate a program previously operated by a public or private	16198
entity unless the board has established to the department's	16199
satisfaction that the entity cannot effectively operate the	16200
program, or that the entity has requested the board to take over	16201
operation of the program.	16202

(4) The department shall review and evaluate the operation of	16203
each program operated by a board under this division.	16204

(5) Nothing in this division authorizes a board to administer	16205
or direct the daily operation of any program other than a program	16206
operated by the board under this division, but a program may	16207
contract with a board to receive administrative services or staff	16208
direction from the board under the direction of the governing body	16209
of the program.	16210

(G) If an investigation conducted pursuant to division	16211
(A)(10) of this section substantiates a charge of abuse or	16212
neglect, the board shall take whatever action it determines is	16213
necessary to correct the situation, including notification of the	16214
appropriate authorities. On request, the board shall provide	16215
information about such investigations to the department.	16216

(H) When the board sets priorities and develops plans for the	16217
operation of alcohol and drug addiction programs under division	16218
(A)(2) of this section, the board shall consult with the county	16219
commissioners of the counties in the board's service district	16220
regarding the services described in section 340.15 of the Revised	16221
Code and shall give a priority to those services, except that	16222
those services shall not have priority over services provided to	16223
pregnant women under programs developed in relation to the mandate	16224
established in section 3793.15 of the Revised Code. The plans	16225
shall identify funds the board and public children services	16226
agencies in the board's service district have available to fund	16227
jointly the services described in section 340.15 of the Revised	16228
Code.	16229

Sec. 343.01. (A) In order to comply with division (B) of	16230
section 3734.52 of the Revised Code, the board of county	16231
commissioners of each county shall do one of the following:	16232

(1) Establish, by resolution, and maintain a county solid	16233
waste management district under this chapter that consists of all	16234
the incorporated and unincorporated territory within the county	16235
except as otherwise provided in division (A) of this section;	16236

(2) With the boards of county commissioners of one or more	16237
other counties establish, by agreement, and maintain a joint solid	16238
waste management district under this chapter that consists of all	16239
the incorporated and unincorporated territory within the counties	16240
forming the joint district except as otherwise provided in	16241
division (A) of this section.	16242

If a municipal corporation is located in more than one solid	16243
waste management district, the entire municipal corporation shall	16244
be considered to be included in and shall be under the	16245
jurisdiction of the district in which a majority of the population	16246
of the municipal corporation resides.	16247

A county and joint district established to comply with	16248
division (B) of section 3734.52 of the Revised Code shall have a	16249
population of not less than one hundred twenty thousand unless, in	16250
the instance of a county district, the board of county	16251
commissioners has obtained an exemption from that requirement	16252
under division (C)(1) or (2) of that section. Each joint district	16253
established to comply with an order issued under division (D) of	16254
that section shall have a population of at least one hundred	16255
twenty thousand.	16256

(B) The boards of county commissioners of the counties	16257
establishing a joint district constitute, collectively, the board	16258
of directors of the joint district, except that if a county with a	16259
form of legislative authority other than a board of county	16260
commissioners participates, it shall be represented on the board	16261
of directors by three persons appointed by the legislative	16262
authority.	16263

The agreement to establish and maintain a joint district	16264
shall be ratified by resolution of the board of county	16265
commissioners of each participating county. Upon ratification, the	16266
board of directors shall take control of and manage the joint	16267
district subject to this chapter, except that, in the case of a	16268
joint district formed pursuant to division (C), (D), or (E) of	16269
section 343.012 of the Revised Code, the board of directors shall	16270
take control of and manage the district when the formation of the	16271
district becomes final under the applicable division. A majority	16272
of the board of directors constitutes a quorum, and a majority	16273
vote is required for the board to act.	16274

A county participating in a joint district may contribute	16275
lands or rights or interests therein, money, other personal	16276
property or rights or interests therein, or services to the	16277
district. The agreement shall specify any contributions of	16278
participating counties and the rights of the participating	16279
counties in lands or personal property, or rights or interests	16280
therein, contributed to or otherwise acquired by the joint	16281
district. The agreement may be amended or added to by a majority	16282
vote of the board of directors, but no amendment or addition shall	16283
divest a participating county of any right or interest in lands or	16284
personal property without its consent.	16285

The board of directors may appoint and fix the compensation	16286
of employees of, accept gifts, devises, and bequests for, and take	16287
other actions necessary to control and manage the joint district.	16288
Employees of the district shall be considered county employees for	16289
the purposes of Chapter 124. of the Revised Code and other	16290
provisions of state law applicable to employees. Instead of or in	16291
addition to appointing employees of the district, the board of	16292
directors may agree to use employees of one or more of the	16293
participating counties in the service of the joint district and to	16294
share in their compensation in any manner that may be agreed upon.	16295

The board of directors shall do one of the following:

16296

(1) Designate the county auditor, including any other	16297
official acting in a capacity similar to a county auditor under a	16298
county charter, of a county participating in the joint district as	16299
the fiscal officer of the district, and the county treasurer, or	16300
other official acting in a capacity similar to a county treasurer	16301
under a county charter, of that county as the treasurer of the	16302
district. The designated county officials shall perform any	16303
applicable duties for the district as each typically performs for	16304
the county of which hethe individual is an official, except as	16305
otherwise may be provided in any bylaws or resolutions adopted by	16306
the board of directors. The board of directors may pay to that	16307
county any amount agreed upon by the board of directors and the	16308
board of county commissioners of that county to reimburse that	16309
county for the cost properly allocable to the service of its	16310
officials as fiscal officer and treasurer of the joint district.	16311

(2) Appoint one individual who is neither a county auditor	16312
nor a county treasurer, and who may be an employee of the	16313
district, to serve as both the treasurer of the district and its	16314
fiscal officer. That individual shall act as custodian of the	16315
funds of the board and the district and shall maintain all	16316
accounts of the district. Any reference in this chapter or Chapter	16317
3734. of the Revised Code to a county auditor or county treasurer	16318
serving as fiscal officer of a district or custodian of any funds	16319
of a board or district is deemed to refer to an individual	16320
appointed under division (B)(2) of this section.	16321

The fiscal officer of a district shall establish a general	16322
fund and any other necessary funds for the district.	16323

(C) A board of county commissioners of a county district or	16324
board of directors of a joint district may acquire, by purchase or	16325
lease, construct, improve, enlarge, replace, maintain, and operate	16326
such solid waste collection systems within their respective	16327
districts and such solid waste facilities within or outside their	16328
respective districts as are necessary for the protection of the	16329
public health. A board of county commissioners may acquire within	16330
its county real property or any estate, interest, or right	16331
therein, by appropriation or any other method, for use by a county	16332
or joint district in connection with such facilities.	16333
Appropriation proceedings shall be conducted in accordance with	16334
sections 163.01 to 163.22 of the Revised Code.	16335

(D) The sanitary engineer or sanitary engineering department	16336
of a county maintaining a district and any sanitary engineer or	16337
sanitary engineering department of a county in a joint district,	16338
as determined by the board of directors, in addition to other	16339
duties assigned to that engineer or department, shall assist the	16340
board of county commissioners or directors in the performance of	16341
their duties under this chapter and sections 3734.52 to 3734.575	16342
of the Revised Code and shall be charged with any other duties and	16343
services in relation thereto that the board prescribes. A board	16344
may employ registered professional engineers to assist the	16345
sanitary engineer in those duties and also may employ financial	16346
advisers and any other professional services it considers	16347
necessary to assist it in the construction, financing, and	16348
maintenance of solid waste collection or other solid waste	16349
facilities. Such contracts of employment shall not require the	16350
certificate provided in section 5705.41 of the Revised Code.	16351
Payment for such services may be made from the general fund or any	16352
other fund legally available for that use at times that are agreed	16353
upon or as determined by the board of county commissioners or	16354
directors, and the funds may be reimbursed from the proceeds of	16355
bonds or notes issued to pay the cost of any improvement to which	16356
the services related.	16357

(E)(1) The prosecuting attorney of the county shall serve as	16358
the legal advisor of a county district and shall provide such	16359
services to the board of county commissioners of the district as	16360
are required or authorized to be provided to other county boards	16361
under Chapter 309. of the Revised Code, except that, if the board	16362
considers it to be necessary or appropriate, the board, on its own	16363
initiative, may employ an attorney or other legal counsel on an	16364
annual basis to serve as the legal advisor of the district in	16365
place of the prosecuting attorney. When the prosecuting attorney	16366
is serving as the district's legal advisor and the board considers	16367
it to be necessary or appropriate, the board, on its own	16368
initiative, may employ an attorney or other legal counsel to	16369
represent or advise the board regarding a particular matter in	16370
place of the prosecuting attorney. The employment of an attorney	16371
or other legal counsel on an annual basis or in a particular	16372
matter is not subject to or governed by sections 305.14 and 309.09	16373
of the Revised Code.	16374

Notwithstanding the employment of an attorney or other legal	16375
counsel on an annual basis to serve as the district's legal	16376
advisor, the board may require written opinions or instructions	16377
from the prosecuting attorney under section 309.09 of the Revised	16378
Code in matters connected with its official duties as though the	16379
prosecuting attorney were serving as the legal advisor of the	16380
district.	16381

(2) The board of directors of a joint district may designate	16382
the prosecuting attorney of one of the counties forming the	16383
district to serve as the legal advisor of the district. When so	16384
designated, the prosecuting attorney shall provide such services	16385
to the joint district as are required or authorized to be provided	16386
to county boards under Chapter 309. of the Revised Code. The board	16387
of directors may pay to that county any amount agreed upon by the	16388
board of directors and the board of county commissioners of that	16389
county to reimburse that county for the cost properly allocable to	16390
the services of its prosecuting attorney as the legal advisor of	16391
the joint district. When that prosecuting attorney is so serving	16392
and the board considers it to be necessary or appropriate, the	16393
board, on its own initiative, may employ an attorney or other	16394
legal counsel to represent or advise the board regarding a	16395
particular matter in place of the prosecuting attorney.	16396

Instead of designating the prosecuting attorney of one of the	16397
counties forming the district to be the legal advisor of the	16398
district, the board of directors may employ on an annual basis an	16399
attorney or other legal counsel to serve as the district's legal	16400
advisor. Notwithstanding the employment of an attorney or other	16401
legal counsel as the district's legal advisor, the board of	16402
directors may require written opinions or instructions from the	16403
prosecuting attorney of any of the counties forming the district	16404
in matters connected with the board's official duties, and the	16405
prosecuting attorney shall provide the written opinion or	16406
instructions as though hethe prosecuting attorney had been	16407
designated to serve as the district's legal advisor under division	16408
(E)(2) of this section.	16409

(F) A board of county commissioners may issue bonds or bond	16410
anticipation notes of the county to pay the cost of preparing	16411
general and detailed plans and other data required for the	16412
construction of solid waste facilities in connection with a county	16413
or joint district. A board of directors of a joint solid waste	16414
management district may issue bonds or bond anticipation notes of	16415
the joint solid waste management district to pay the cost of	16416
preparing general and detailed plans and other data required for	16417
the construction of solid waste facilities in connection with a	16418
joint district. The bonds and notes shall be issued in accordance	16419
with Chapter 133. of the Revised Code, except that the maximum	16420
maturity of bonds issued for that purpose shall not exceed ten	16421
years. Bond anticipation notes may be paid from the proceeds of	16422
bonds issued either to pay the cost of the solid waste facilities	16423
or to pay the cost of the plans and other data.	16424

(G) To the extent authorized by the solid waste management	16425
plan of the district approved under section 3734.521 or 3734.55 of	16426
the Revised Code or subsequent amended plans of the district	16427
approved under section 3734.521 or 3734.56 of the Revised Code,	16428
the board of county commissioners of a county district or board of	16429
directors of a joint district may adopt, publish, and enforce	16430
rules doing any of the following:	16431

(1) Prohibiting or limiting the receipt of solid wastes	16432
generated outside the district or outside a service area	16433
prescribed in the solid waste management plan or amended plan, at	16434
facilities ~~covered by the plan~~located within the solid waste	16435
management district, consistent with the projections contained in	16436
the plan or amended plan under divisions (A)(6) and (7) of section	16437
3734.53 of the Revised Code~~, except that~~. However, rules adopted	16438
by a board under division (G)(1) of this section may be adopted	16439
and enforced with respect to facilities in the solid waste	16440
management district that are not owned by a county or the solid	16441
waste management district only if the board submits an application	16442
to the director of environmental protection that demonstrates that	16443
there is insufficient capacity to dispose of all solid wastes that	16444
are generated within the district at the facilities located within	16445
the district and the director approves the application. The	16446
demonstration in the application shall be based on projections	16447
contained in the plan or amended plan of the district. The	16448
director shall establish the form of the application. The approval	16449
or disapproval of such an application by the director is an action	16450
that is appealable under section 3745.04 of the Revised Code.	16451

In addition, the director of environmental protection may	16452
issue an order modifying a rule adopted under division (G)(1) of	16453
this section to allow the disposal in the district of solid wastes	16454
from another county or joint solid waste management district if	16455
all of the following apply:	16456

(a) The district in which the wastes were generated does not	16457
have sufficient capacity to dispose of solid wastes generated	16458
within it for six months following the date of the director's	16459
order;	16460

(b) No new solid waste facilities will begin operation during	16461
those six months in the district in which the wastes were	16462
generated and, despite good faith efforts to do so, it is	16463
impossible to site new solid waste facilities within the district	16464
because of its high population density;	16465

(c) The district in which the wastes were generated has made	16466
good faith efforts to negotiate with other districts to	16467
incorporate its disposal needs within those districts' solid waste	16468
management plans, including efforts to develop joint facilities	16469
authorized under section 343.02 of the Revised Code, and the	16470
efforts have been unsuccessful;	16471

(d) The district in which the wastes were generated has	16472
located a facility willing to accept the district's solid wastes	16473
for disposal within the receiving district;	16474

(e) The district in which the wastes were generated has	16475
demonstrated to the director that the conditions specified in	16476
divisions (G)(1)(a) to (d) of this section have been met;	16477

(f) The director finds that the issuance of the order will be	16478
consistent with the state solid waste management plan and that	16479
receipt of the out-of-district wastes will not limit the capacity	16480
of the receiving district to dispose of its in-district wastes to	16481
less than eight years.	16482

Any order issued under division (G)(1) of this section shall	16483
not become final until thirty days after it has been served by	16484
certified mail upon the county or joint solid waste management	16485
district that will receive the out-of-district wastes.	16486

(2) Governing the maintenance, protection, and use of solid	16487
waste collection or other solid waste facilities located within	16488
its district. The rules adopted under division (G)(2) of this	16489
section shall not establish design standards for solid waste	16490
facilities and shall be consistent with the solid waste provisions	16491
of Chapter 3734. of the Revised Code and the rules adopted under	16492
those provisions. The rules adopted under division (G)(2) of this	16493
section may prohibit any person, municipal corporation, township,	16494
or other political subdivision from constructing, enlarging, or	16495
modifying any solid waste facility until general plans and	16496
specifications for the proposed improvement have been submitted to	16497
and approved by the board of county commissioners or board of	16498
directors as complying with the solid waste management plan or	16499
amended plan of the district. The construction of such a facility	16500
shall be done under the supervision of the county sanitary	16501
engineer or, in the case of a joint district, a county sanitary	16502
engineer designated by the board of directors, and any person,	16503
municipal corporation, township, or other political subdivision	16504
proposing or constructing such improvements shall pay to the	16505
county or joint district all expenses incurred by the board in	16506
connection therewith. The sanitary engineer may enter upon any	16507
public or private property for the purpose of making surveys or	16508
examinations necessary for designing solid waste facilities or for	16509
supervising the construction, enlargement, modification, or	16510
operation of any such facilities. No person, municipal	16511
corporation, township, or other political subdivision shall forbid	16512
or interfere with the sanitary engineer or ~~his~~the sanitary	16513
engineer's authorized assistants entering upon such property for	16514
that purpose. If actual damage is done to property by the making	16515
of the surveys and examinations, a board shall pay the reasonable	16516
value of that damage to the owner of the property damaged, and the	16517
cost shall be included in the financing of the improvement for	16518
which the surveys and examinations are made.	16519

(3) Governing the development and implementation of a program	16520
for the inspection of solid wastes generated outside the	16521
boundaries of this state that are disposed of at solid waste	16522
facilities included in the district's solid waste management plan	16523
or amended plan. A board of county commissioners or board of	16524
directors or its authorized representative may enter upon the	16525
premises of any solid waste facility included in the district's	16526
solid waste management plan or amended plan for the purpose of	16527
conducting the inspections required or authorized by the rules	16528
adopted under division (G)(3) of this section. No person,	16529
municipal corporation, township, or other political subdivision	16530
shall forbid or interfere with a board of county commissioners or	16531
directors or its authorized representative entering upon the	16532
premises of any such solid waste facility for that purpose.	16533

(4) Exempting the owner or operator of any existing or	16534
proposed solid waste facility provided for in the plan or amended	16535
plan from compliance with any amendment to a township zoning	16536
resolution adopted under section 519.12 of the Revised Code or to	16537
a county rural zoning resolution adopted under section 303.12 of	16538
the Revised Code that rezoned or redistricted the parcel or	16539
parcels upon which the facility is to be constructed or modified	16540
and that became effective within two years prior to the filing of	16541
an application for a permit required under division (A)(2)(a) of	16542
section 3734.05 of the Revised Code to open a new or modify an	16543
existing solid waste facility.	16544

(H) A board of county commissioners or board of directors may	16545
enter into a contract with any person, municipal corporation,	16546
township, or other political subdivision for the operation and	16547
maintenance of any solid waste facilities regardless of whether	16548
the facilities are owned or leased by the county or joint district	16549
or the contractor.	16550

(I)(1) No person, municipal corporation, township, or other	16551
political subdivision shall tamper with or damage any solid waste	16552
facility constructed under this chapter or any apparatus or	16553
accessory connected therewith or pertaining thereto, fail or	16554
refuse to comply with the applicable rules adopted by a board of	16555
county commissioners or directors under division (G)(1), (2), (3),	16556
or (4) of this section, refuse to permit an inspection or	16557
examination by a sanitary engineer as authorized under division	16558
(G)(2) of this section, or refuse to permit an inspection by a	16559
board of county commissioners or directors or its authorized	16560
representative as required or authorized by rules adopted under	16561
division (G)(3) of this section.	16562

(2) If the board of county commissioners of a county district	16563
or board of directors of a joint district has established facility	16564
designations under section 343.013, 343.014, or 343.015 of the	16565
Revised Code, or the director has established facility	16566
designations in the initial or amended plan of the district	16567
prepared and ordered to be implemented under section 3734.521,	16568
3734.55, or 3734.56 of the Revised Code, no person, municipal	16569
corporation, township, or other political subdivision shall	16570
deliver, or cause the delivery of, any solid wastes generated	16571
within a county or joint district to any solid waste facility	16572
other than the facility designated under section 343.013, 343.014,	16573
or 343.015 of the Revised Code, or in the initial or amended plan	16574
of the district prepared and ordered to be implemented under	16575
section 3734.521, 3734.55, or 3734.56 of the Revised Code, as	16576
applicable. Upon the request of a person or the legislative	16577
authority of a municipal corporation or township, the board of	16578
county commissioners of a county district or board of directors of	16579
a joint district may grant a waiver authorizing the delivery of	16580
all or any portion of the solid wastes generated in a municipal	16581
corporation or township to a solid waste facility other than the	16582
facility designated under section 343.013, 343.014, or 343.015 of	16583
the Revised Code, or in the initial or amended plan of the	16584
district prepared and ordered to be implemented under section	16585
3734.521, 3734.55, or 3734.56 of the Revised Code, as applicable,	16586
regardless of whether the other facility is located within or	16587
outside of the district, if the board finds that delivery of those	16588
solid wastes to the other facility is not inconsistent with the	16589
projections contained in the district's initial or amended plan	16590
under divisions (A)(6) and (7) of section 3734.53 of the Revised	16591
Code as approved or ordered to be implemented and will not	16592
adversely affect the implementation and financing of the	16593
district's initial or amended plan pursuant to the implementation	16594
schedule contained in it under divisions (A)(12)(a) to (d) of that	16595
section. The board shall act on a request for such a waiver within	16596
ninety days after receiving the request. Upon granting such a	16597
waiver, the board shall send notice of that fact to the director.	16598
The notice shall indicate to whom the waiver was granted. Any	16599
waiver or authorization granted by a board on or before October	16600
29, 1993, shall continue in force until the board takes action	16601
concerning the same entity under this division or until action is	16602
taken under division (G) of section 343.014 of the Revised Code.	16603

(J) Divisions (G)(1) to (4) and (I)(2) of this section do not	16604
apply to the construction, operation, use, repair, enlargement, or	16605
modification of either of the following:	16606

(1) A solid waste facility owned by a generator of solid	16607
wastes when the solid waste facility exclusively disposes of solid	16608
wastes generated at one or more premises owned by the generator	16609
regardless of whether the facility is located on a premises where	16610
the wastes are generated;	16611

(2) A facility that exclusively disposes of wastes that are	16612
generated from the combustion of coal, or from the combustion of	16613
primarily coal in combination with scrap tires, that is not	16614
combined in any way with garbage at one or more premises owned by	16615
the generator.	16616

(K)(1) A member of the board of county commissioners of a	16617
county solid waste management district, member of the board of	16618
directors of a joint solid waste management district, member of	16619
the board of trustees of a regional solid waste management	16620
authority managing a county or joint solid waste management	16621
district, or officer or employee of any solid waste management	16622
district, for the purposes of sections 102.03, 102.04, 2921.41,	16623
and 2921.42 of the Revised Code, shall not be considered to be	16624
directly or indirectly interested in, or improperly influenced by,	16625
any of the following:	16626

(a) A contract entered into under this chapter or section	16627
307.15 or sections 3734.52 to 3734.575 of the Revised Code between	16628
the district and any county forming the district, municipal	16629
corporation or township located within the district, or health	16630
district having territorial jurisdiction within the district, of	16631
which that member, officer, or employee also is an officer or	16632
employee, but only to the extent that any interest or influence	16633
could arise from ~~his~~holding public office or employment with the	16634
political subdivision or health district;	16635

(b) A contract entered into under this chapter or section	16636
307.15 or sections 3734.52 to 3734.575 of the Revised Code between	16637
the district and a county planning commission organized under	16638
section 713.22 of the Revised Code, or regional planning	16639
commission created under section 713.21 of the Revised Code,	16640
having territorial jurisdiction within the district, of which that	16641
member also is a member, officer, or employee, but only to the	16642
extent that any interest or influence could arise from ~~his~~holding	16643
public office or employment with the commission;	16644

(c) An expenditure of money made by the district for the	16645
benefit of any county forming the district, municipal corporation	16646
or township located within the district, or health district or	16647
county or regional planning commission having territorial	16648
jurisdiction within the district, of which that member also is a	16649
member, officer, or employee, but only to the extent that any	16650
interest or influence could arise from ~~his~~holding public office	16651
or employment with the political subdivision, health district, or	16652
commission;	16653

(d) An expenditure of money made for the benefit of the	16654
district by any county forming the district, municipal corporation	16655
or township located within the district, or health district or	16656
county or regional planning commission having territorial	16657
jurisdiction within the district, of which that member also is a	16658
member, officer, or employee, but only to the extent that any	16659
interest or influence could arise from ~~his~~holding public office	16660
or employment with the political subdivision, health district, or	16661
commission.	16662

(2) A solid waste management district, county, municipal	16663
corporation, township, health district, or planning commission	16664
described or referred to in divisions (K)(1)(a) to (d) of this	16665
section shall not be construed to be the business associate of a	16666
person who is concurrently a member of the board of county	16667
commissioners, directors, or trustees, or an officer or employee,	16668
of the district and an officer or employee of that municipal	16669
corporation, county, township, health district, or planning	16670
commission for the purposes of sections 102.03, 2921.42, and	16671
2921.43 of the Revised Code. Any person who is concurrently a	16672
member of the board of county commissioners, directors, or	16673
trustees, or an officer or employee, of a solid waste management	16674
district so described or referred to and an officer or employee of	16675
a county, municipal corporation, township, health district, or	16676
planning commission so described or referred to may participate	16677
fully in deliberations concerning and vote on or otherwise	16678
participate in the approval or disapproval of any contract or	16679
expenditure of funds described in those divisions as a member of	16680
the board of county commissioners or directors, or an officer or	16681
employee, of a county or joint solid waste management district;	16682
member of the board of trustees, or an officer or employee, of a	16683
regional solid waste management authority managing a county or	16684
joint solid waste management district; member of the legislative	16685
authority, or an officer or employee, of a county forming the	16686
district; member of the legislative authority, or an officer or	16687
employee, of a municipal corporation or township located within	16688
the district; member of the board of health, or an officer or	16689
employee, of a health district having territorial jurisdiction	16690
within the district; or member of the planning commission, or an	16691
officer or employee of a county or regional planning commission	16692
having territorial jurisdiction within the district.	16693

(3) Nothing in division (K)(1) or (2) of this section shall	16694
be construed to exempt any member of the board of county	16695
commissioners, directors, or trustees, or an officer or employee,	16696
of a solid waste management district from a conflict of interest	16697
arising because of a personal or private business interest.	16698

(4) A member of the board of county commissioners of a county	16699
solid waste management district, board of directors of a joint	16700
solid waste management district, or board of trustees of a	16701
regional solid waste management authority managing a county or	16702
joint solid waste management district, or an officer or employee,	16703
of any such solid waste management district, neither shall be	16704
disqualified from holding any other public office or position of	16705
employment nor be required to forfeit any other public office or	16706
position of employment by reason of ~~his~~ serving as a member of the	16707
board of county commissioners, directors, or trustees, or as an	16708
officer or employee, of the district, notwithstanding any	16709
requirement to the contrary under the common law of this state or	16710
the Revised Code.	16711

(L) As used in this chapter:

16712

(1) "Board of health," "disposal," "health district," "scrap	16713
tires," and "solid waste transfer facility" have the same meanings	16714
as in section 3734.01 of the Revised Code.	16715

(2) "Change in district composition" and "change" have the	16716
same meaning as in section 3734.521 of the Revised Code.	16717

(3)(a) Except as provided in division (L)(3)(b) or (c), and	16718
(d), of this section, "solid wastes" has the same meaning as in	16719
section 3734.01 of the Revised Code.	16720

(b) If the solid waste management district is not one that	16721
resulted from proceedings for a change in district composition	16722
under sections 343.012 and 3734.521 of the Revised Code, until	16723
such time as an amended solid waste management plan is approved	16724
under section 3734.56 of the Revised Code, "solid wastes" need not	16725
include scrap tires unless the solid waste management policy	16726
committee established under section 3734.54 of the Revised Code	16727
for the district chooses to include the management of scrap tires	16728
in the district's initial solid waste management plan prepared	16729
under sections 3734.54 and 3734.55 of the Revised Code.	16730

(c) If the solid waste management district is one resulting	16731
from proceedings for a change in district composition under	16732
sections 343.012 and 3734.521 of the Revised Code and if the	16733
change involves an existing district that is operating under	16734
either an initial solid waste management plan approved or prepared	16735
and ordered to be implemented under section 3734.55 of the Revised	16736
Code or an initial or amended plan approved or prepared and	16737
ordered to be implemented under section 3734.521 of the Revised	16738
Code that does not provide for the management of scrap tires and	16739
scrap tire facilities, until such time as the amended plan of the	16740
district resulting from the change is approved under section	16741
3734.56 of the Revised Code, "solid wastes" need not include scrap	16742
tires unless the solid waste management policy committee	16743
established under division (C) of section 3734.521 of the Revised	16744
Code for the district chooses to include the management of scrap	16745
tires in the district's initial or amended solid waste management	16746
plan prepared under section 3734.521 of the Revised Code in	16747
connection with the change proceedings.	16748

(d) If the policy committee chooses to include the management	16749
of scrap tires in an initial plan prepared under sections 3734.54	16750
and 3734.55 of the Revised Code or in an initial or amended plan	16751
prepared under section 3734.521 of the Revised Code, the board of	16752
county commissioners or directors shall execute all of the duties	16753
imposed and may exercise any or all of the rights granted under	16754
this section for the purpose of managing solid wastes that consist	16755
of scrap tires.	16756

(4)(a) Except as provided in division (L)(4)(b) or (c), and	16757
(d) of this section, "facility" has the same meaning as in section	16758
3734.01 of the Revised Code and also includes any solid waste	16759
transfer, recycling, or resource recovery facility.	16760

(b) If the solid waste management district is not one that	16761
resulted from proceedings for a change in district composition	16762
under sections 343.012 and 3734.521 of the Revised Code, until	16763
such time as an amended solid waste management plan is approved	16764
under section 3734.56 of the Revised Code, "facility" need not	16765
include any scrap tire collection, storage, monocell, monofill, or	16766
recovery facility unless the solid waste management policy	16767
committee established under section 3734.54 of the Revised Code	16768
for the district chooses to include the management of scrap tire	16769
facilities in the district's initial solid waste management plan	16770
prepared under sections 3734.54 and 3734.55 of the Revised Code.	16771

(c) If the solid waste management district is one resulting	16772
from proceedings for a change in district composition under	16773
sections 343.012 and 3734.521 of the Revised Code and if the	16774
change involves an existing district that is operating under	16775
either an initial solid waste management plan approved under	16776
section 3734.55 of the Revised Code or an initial or amended plan	16777
approved or prepared and ordered to be implemented under section	16778
3734.521 of the Revised Code that does not provide for the	16779
management of scrap tires and scrap tire facilities, until such	16780
time as the amended plan of the district resulting from the change	16781
is approved under section 3734.56 of the Revised Code, "facility"	16782
need not include scrap tires unless the solid waste management	16783
policy committee established under division (C) of section	16784
3734.521 of the Revised Code for the district chooses to include	16785
the management of scrap tires in the district's initial or amended	16786
solid waste management plan prepared under section 3734.521 of the	16787
Revised Code in connection with the change proceedings.	16788

(d) If the policy committee chooses to include the management	16789
of scrap tires in an initial plan prepared under sections 3734.54	16790
and 3734.55 of the Revised Code or in an initial or amended plan	16791
prepared under section 3734.521 of the Revised Code, the board of	16792
county commissioners or directors shall execute all of the duties	16793
imposed and may exercise any or all of the rights granted under	16794
this section for the purpose of managing solid waste facilities	16795
that are scrap tire collection, storage, monocell, monofill, or	16796
recovery facilities.	16797

Sec. 504.21. (A) The board of township trustees of a	16798
township that has adopted a limited home rule government may, for	16799
the unincorporated territory in the township, adopt, amend, and	16800
rescind rules establishing technically feasible and economically	16801
reasonable standards to achieve a level of management and	16802
conservation practices that will abate wind or water erosion of	16803
the soil or abate the degradation of the waters of the state by	16804
soil sediment in conjunction with land grading, excavating,	16805
filling, or other soil disturbing activities on land used or being	16806
developed in the township for nonfarm commercial, industrial,	16807
residential, or other nonfarm purposes, and establish criteria for	16808
determination of the acceptability of those management and	16809
conservation practices. The rules shall be designed to implement	16810
the applicable areawide waste treatment management plan prepared	16811
under section 208 of the "Federal Water Pollution Control Act," 86	16812
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	16813
phase II of the storm water program of the national pollutant	16814
discharge elimination system established in 40 C.F.R. Part 122.	16815
The rules to implement phase II of the storm water program of the	16816
national pollutant discharge elimination system shall not be	16817
inconsistent with, more stringent than, or broader in scope than	16818
the rules or regulations adopted by the environmental protection	16819
agency under 40 C.F.R. Part 122. The rules adopted under this	16820
section shall not apply inside the limits of municipal	16821
corporations, to lands being used in a strip mine operation as	16822
defined in section 1513.01 of the Revised Code, or to land being	16823
used in a surface mine operation as defined in section 1514.01 of	16824
the Revised Code.	16825

The rules adopted under this section may require persons to	16826
file plans governing erosion control, sediment control, and water	16827
management before clearing, grading, excavating, filling, or	16828
otherwise wholly or partially disturbing one or more contiguous	16829
acres of land owned by one person or operated as one development	16830
unit for the construction of nonfarm buildings, structures,	16831
utilities, recreational areas, or other similar nonfarm uses. If	16832
the rules require plans to be filed, the rules shall do all of the	16833
following:	16834

(1) Designate the board itself, its employees, or another	16835
agency or official to review and approve or disapprove the plans;	16836

(2) Establish procedures and criteria for the review and	16837
approval or disapproval of the plans;	16838

(3) Require the designated entity to issue a permit to a	16839
person for the clearing, grading, excavating, filling, or other	16840
project for which plans are approved and to deny a permit to a	16841
person whose plans have been disapproved;	16842

(4) Establish procedures for the issuance of the permits;

16843

(5) Establish procedures under which a person may appeal the	16844
denial of a permit.	16845

Areas of less than one contiguous acre shall not be exempt	16846
from compliance with other provisions of this section or rules	16847
adopted under this section. The rules adopted under this section	16848
may impose reasonable filing fees for plan review, permit	16849
processing, and field inspections.	16850

No permit or plan shall be required for a public highway,	16851
transportation, or drainage improvement or maintenance project	16852
undertaken by a government agency or political subdivision in	16853
accordance with a statement of its standard sediment control	16854
policies that is approved by the board or the chief of the	16855
division of soil and water ~~conservation~~resources in the	16856
department of natural resources.	16857

(B) Rules or amendments may be adopted under this section	16858
only after public hearings at not fewer than two regular sessions	16859
of the board of township trustees. The board shall cause to be	16860
published, in a newspaper of general circulation in the township,	16861
notice of the public hearings, including time, date, and place,	16862
once a week for two weeks immediately preceding the hearings. The	16863
proposed rules or amendments shall be made available by the board	16864
to the public at the board office or other location indicated in	16865
the notice. The rules or amendments shall take effect on the	16866
thirty-first day following the date of their adoption.	16867

(C) The board of township trustees may employ personnel to	16868
assist in the administration of this section and the rules adopted	16869
under it. The board also, if the action does not conflict with the	16870
rules, may delegate duties to review sediment control and water	16871
management plans to its employees, and may enter into agreements	16872
with one or more political subdivisions, other township officials,	16873
or other government agencies, in any combination, in order to	16874
obtain reviews and comments on plans governing erosion control,	16875
sediment control, and water management or to obtain other services	16876
for the administration of the rules adopted under this section.	16877

(D) The board of township trustees or any duly authorized	16878
representative of the board may, upon identification to the owner	16879
or person in charge, enter any land upon obtaining agreement with	16880
the owner, tenant, or manager of the land in order to determine	16881
whether there is compliance with the rules adopted under this	16882
section. If the board or its duly authorized representative is	16883
unable to obtain such an agreement, the board or representative	16884
may apply for, and a judge of the court of common pleas for the	16885
county where the land is located may issue, an appropriate	16886
inspection warrant as necessary to achieve the purposes of this	16887
section.	16888

(E)(1) If the board of township trustees or its duly	16889
authorized representative determines that a violation of the rules	16890
adopted under this section exists, the board or representative may	16891
issue an immediate stop work order if the violator failed to	16892
obtain any federal, state, or local permit necessary for sediment	16893
and erosion control, earth movement, clearing, or cut and fill	16894
activity. In addition, if the board or representative determines	16895
such a rule violation exists, regardless of whether or not the	16896
violator has obtained the proper permits, the board or	16897
representative may authorize the issuance of a notice of	16898
violation. If, after a period of not less than thirty days has	16899
elapsed following the issuance of the notice of violation, the	16900
violation continues, the board or its duly authorized	16901
representative shall issue a second notice of violation. Except as	16902
provided in division (E)(3) of this section, if, after a period of	16903
not less than fifteen days has elapsed following the issuance of	16904
the second notice of violation, the violation continues, the board	16905
or its duly authorized representative may issue a stop work order	16906
after first obtaining the written approval of the prosecuting	16907
attorney of the county in which the township is located if, in the	16908
opinion of the prosecuting attorney, the violation is egregious.	16909

Once a stop work order is issued, the board or its duly	16910
authorized representative shall request, in writing, the	16911
prosecuting attorney to seek an injunction or other appropriate	16912
relief in the court of common pleas to abate excessive erosion or	16913
sedimentation and secure compliance with the rules adopted under	16914
this section. If the prosecuting attorney seeks an injunction or	16915
other appropriate relief, then, in granting relief, the court of	16916
common pleas may order the construction of sediment control	16917
improvements or implementation of other control measures and may	16918
assess a civil fine of not less than one hundred or more than five	16919
hundred dollars. Each day of violation of a rule or stop work	16920
order issued under this section shall be considered a separate	16921
violation subject to a civil fine.	16922

(2) The person to whom a stop work order is issued under this	16923
section may appeal the order to the court of common pleas of the	16924
county in which it was issued, seeking any equitable or other	16925
appropriate relief from that order.	16926

(3) No stop work order shall be issued under this section	16927
against any public highway, transportation, or drainage	16928
improvement or maintenance project undertaken by a government	16929
agency or political subdivision in accordance with a statement of	16930
its standard sediment control policies that is approved by the	16931
board or the chief of the division of soil and water ~~conservation~~	16932
resources in the department of natural resources.	16933

(F) No person shall violate any rule adopted or order issued	16934
under this section. Notwithstanding division (E) of this section,	16935
if the board of township trustees determines that a violation of	16936
any rule adopted or administrative order issued under this section	16937
exists, the board may request, in writing, the prosecuting	16938
attorney of the county in which the township is located, to seek	16939
an injunction or other appropriate relief in the court of common	16940
pleas to abate excessive erosion or sedimentation and secure	16941
compliance with the rules or order. In granting relief, the court	16942
of common pleas may order the construction of sediment control	16943
improvements or implementation of other control measures and may	16944
assess a civil fine of not less than one hundred or more than five	16945
hundred dollars. Each day of violation of a rule adopted or	16946
administrative order issued under this section shall be considered	16947
a separate violation subject to a civil fine.	16948

Sec. 718.04. (A) No municipal corporation other than the	16949
~~city~~municipal corporation of residence shall levy a tax on the	16950
income of any member or employee of the Ohio general assembly	16951
including the lieutenant governor which income is received as a	16952
result of services rendered as such member or employee and is paid	16953
from appropriated funds of this state.	16954

(B) No municipal corporation other than the municipal	16955
corporation of residence and the city of Columbus shall levy a	16956
tax on the income of the chief justice or a justice of the	16957
supreme court received as a result of services rendered as the	16958
chief justice or justice. No municipal corporation other than the	16959
municipal corporation of residence shall levy a tax on the income	16960
of a judge sitting by assignment of the chief justice or on the	16961
income of a district court of appeals judge sitting in multiple	16962
locations within the district, received as a result of services	16963
rendered as a judge.	16964

Sec. 721.15. (A) Personal property not needed for municipal	16965
purposes, the estimated value of which is less than one thousand	16966
dollars, may be sold by the board or officer having supervision or	16967
management of that property. If the estimated value of that	16968
property is one thousand dollars or more, it shall be sold only	16969
when authorized by an ordinance of the legislative authority of	16970
the municipal corporation and approved by the board, officer, or	16971
director having supervision or management of that property. When	16972
so authorized, the board, officer, or director shall make a	16973
written contract with the highest and best bidder after	16974
advertisement for not less than two or more than four consecutive	16975
weeks in a newspaper of general circulation within the municipal	16976
corporation, or with a board of county commissioners upon such	16977
lawful terms as are agreed upon, as provided by division (B)(1) of	16978
section 721.27 of the Revised Code.	16979

(B) When the legislative authority finds, by resolution, that	16980
the municipal corporation has vehicles, equipment, or machinery	16981
which is obsolete, or is not needed or is unfit for public use,	16982
that the municipal corporation has need of other vehicles,	16983
equipment, or machinery of the same type, and that it will be in	16984
the best interest of the municipal corporation that the sale of	16985
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	16986
made simultaneously with the purchase of the new vehicles,	16987
equipment, or machinery of the same type, the legislative	16988
authority may offer to sell, or authorize a board, officer, or	16989
director of the municipal corporation having supervision or	16990
management of the property to offer to sell, those vehicles,	16991
equipment, or machinery and to have the selling price credited	16992
against the purchase price of other vehicles, equipment, or	16993
machinery and to consummate the sale and purchase by a single	16994
contract with the lowest and best bidder to be determined by	16995
subtracting from the selling price of the vehicles, equipment, or	16996
machinery to be purchased by the municipal corporation the	16997
purchase price offered for the municipally-owned vehicles,	16998
equipment, or machinery. When the legislative authority or the	16999
authorized board, officer, or director of a municipal corporation	17000
advertises for bids for the sale of new vehicles, equipment, or	17001
machinery to the municipal corporation, they may include in the	17002
same advertisement a notice of willingness to accept bids for the	17003
purchase of municipally-owned vehicles, equipment, or machinery	17004
which is obsolete, or is not needed or is unfit for public use,	17005
and to have the amount of those bids subtracted from the selling	17006
price as a means of determining the lowest and best bidder.	17007

(C) If the legislative authority of the municipal corporation	17008
determines that municipal personal property is not needed for	17009
public use, or is obsolete or unfit for the use for which it was	17010
acquired, and that the property has no value, the legislative	17011
authority may discard or salvage that property.	17012

(D) Notwithstanding anything to the contrary in division (A)	17013
or (B) of this section and regardless of the property's value, the	17014
legislative authority of a municipal corporation may sell personal	17015
property, including motor vehicles acquired for the use of	17016
municipal officers and departments, and road machinery, equipment,	17017
tools, or supplies, which is not needed for public use, or is	17018
obsolete or unfit for the use for which it was acquired, by	17019
internet auction. The legislative authority shall adopt, during	17020
each calendar year, a resolution expressing its intent to sell	17021
that property by internet auction. The resolution shall include a	17022
description of how the auctions will be conducted and shall	17023
specify the number of days for bidding on the property, which	17024
shall be no less than ~~fifteen~~ten days, including Saturdays,	17025
Sundays, and legal holidays. The resolution shall indicate whether	17026
the municipal corporation will conduct the auction or the	17027
legislative authority will contract with a representative to	17028
conduct the auction and shall establish the general terms and	17029
conditions of sale. If a representative is known when the	17030
resolution is adopted, the resolution shall provide contact	17031
information such as the representative's name, address, and	17032
telephone number.	17033

After adoption of the resolution, the legislative authority	17034
shall publish, in a newspaper of general circulation in the	17035
municipal corporation, notice of its intent to sell unneeded,	17036
obsolete, or unfit municipal personal property by internet	17037
auction. The notice shall include a summary of the information	17038
provided in the resolution and shall be published at least twice.	17039
The second and any subsequent notice shall be published not less	17040
than ten nor more than twenty days after the previous notice. A	17041
similar notice also shall be posted continually throughout the	17042
calendar year in a conspicuous place in the offices of the village	17043
clerk or city auditor, and the legislative authority, and, if the	17044
municipal corporation maintains a website on the internet, the	17045
notice shall be posted continually throughout the calendar year at	17046
that website.	17047

When the property is to be sold by internet auction, the	17048
legislative authority or its representative may establish a	17049
minimum price that will be accepted for specific items and may	17050
establish any other terms and conditions for the particular sale,	17051
including requirements for pick-up or delivery, method of payment,	17052
and sales tax. This type of information shall be provided on the	17053
internet at the time of the auction and may be provided before	17054
that time upon request after the terms and conditions have been	17055
determined by the legislative authority or its representative.	17056

Sec. 737.39. (A) A municipal police officer who is trained	17057
in the same manner as uniformed employees of the motor carrier	17058
enforcement unit created under section 5503.34 of the Revised	17059
Code may, to the same extent as those employees, enforce	17060
compliance with any provision of Chapters 4919., 4921., and 4923.	17061
of the Revised Code or of a rule or order adopted or issued under	17062
those chapters regarding commercial motor vehicle transportation	17063
safety, economic, and hazardous materials requirements.	17064

(B)(1) A municipal police officer acting under division (A)	17065
of this section shall do both of the following:	17066

(a) Cooperate with the public utilities commission in	17067
carrying out that division and in enforcing any other applicable	17068
laws;	17069

(b) Comply with any rules adopted pursuant to section 4919.80	17070
of the Revised Code.	17071

(2) A uniformed municipal police officer under division (A)	17072
of this section may stop commercial motor vehicles for the	17073
purpose of inspecting those vehicles in carrying out that	17074
division.	17075

Sec. 901.041. There is hereby created in the state treasury	17076
the sustainable agriculture program fund. The fund shall consist	17077
of money credited to it, including, without limitation, federal	17078
money. The director of agriculture shall use money in the fund to	17079
support programs and activities that advance sustainable	17080
agriculture, including administrative costs incurred by the	17081
department of agriculture in administering the programs and	17082
activities.	17083

Sec. 901.20. (A) The director of agriculture may do either	17084
or both of the following:	17085

(1) Reserve exhibition space for exhibitors to exhibit their	17086
goods in trade shows held in this country or in any other country.	17087
The director may charge and collect fees from any exhibitor who	17088
uses space reserved by the director under division (A)(1) of this	17089
section.	17090

(2) Conduct or cause to be conducted seminars or other	17091
educational programs for the benefit of farmers and other	17092
producers in this state who are interested in exporting their	17093
goods overseas. The director may charge and collect fees from any	17094
person who attends a seminar or other educational program	17095
conducted under division (A)(2) of this section.	17096

(B) There is hereby created in the state treasury the Ohio	17097
proud, international, and domestic market development fund. Fees	17098
collected under division (A) of this section shall be deposited	17099
into the fund. The fund shall be used solely to carry out the	17100
purposes of that division.	17101

Sec. 901.32. Funds and the proceeds of the trust assets	17102
~~which~~that are not authorized to be administered by the secretary	17103
of agriculture of the United States under section 901.31 of the	17104
Revised Code shall be paid to and received by the director of	17105
agriculture, and paid by ~~him~~the director into the state treasury	17106
to the credit of the Ohio farm loan fund, which is hereby created.	17107
Money credited to the fund may be expended or obligated by the	17108
director for ~~such of the~~ rural rehabilitation purposes ~~permissible~~	17109
~~under the charter of the now dissolved Ohio rural rehabilitation~~	17110
~~corporation as are agreed upon by the director and the secretary~~	17111
~~of agriculture or for the purposes of section 901.31 of the~~	17112
~~Revised Code~~benefiting the state.	17113

All moneys received from investment of the fund shall be	17114
credited to the fund.	17115

All moneys received by the director resulting from the	17116
operation of the fund shall be credited to the fund.	17117

Sec. 901.43. (A) The director of agriculture may authorize	17118
any department of agriculture laboratory to perform a laboratory	17119
service for any person, organization, political subdivision, state	17120
agency, federal agency, or other entity, whether public or	17121
private. The director shall adopt and enforce rules to provide for	17122
the rendering of a laboratory service.	17123

(B) The director may charge a reasonable fee for the	17124
performance of a laboratory service, except when the service is	17125
performed on an official sample taken by the director acting	17126
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	17127
Revised Code; by a board of health acting as the licensor of	17128
retail food establishments or food service operations under	17129
Chapter 3717. of the Revised Code; or by the director of health	17130
acting as the licensor of food service operations under Chapter	17131
3717. of the Revised Code. The director of agriculture shall adopt	17132
rules specifying what constitutes an official sample.	17133

The director shall publish a list of laboratory services	17134
offered, together with the fee for each service.	17135

(C) The director may enter into a contract with any person,	17136
organization, political subdivision, state agency, federal agency,	17137
or other entity for the provision of a laboratory service.	17138

(D)(1) The director may adopt rules establishing standards	17139
for accreditation of laboratories and laboratory services and in	17140
doing so may adopt by reference existing or recognized standards	17141
or practices.	17142

(2) The director may inspect and accredit laboratories and	17143
laboratory services, and may charge a reasonable fee for the	17144
inspections and accreditation.	17145

(E)(1) There is hereby created in the state treasury the	17146
animal ~~health~~ and ~~food safety~~consumer analytical laboratory fund.	17147
Moneys from the following sources shall be deposited into the	17148
state treasury to the credit of the fund: all moneys collected by	17149
the director under this section that are from fees generated by a	17150
laboratory service performed by the department and related to the	17151
diseases of animals, all moneys so collected that are from fees	17152
generated for the inspection and accreditation of laboratories and	17153
laboratory services related to the diseases of animals, all moneys	17154
collected by the director under this section that are from fees	17155
generated by a laboratory service performed by the consumer	17156
analytical laboratory, ~~and~~ all moneys so collected that are from	17157
fees generated for the inspection and accreditation of	17158
laboratories and laboratory services not related to weights and	17159
measures, and all moneys collected under Chapters 942., 943., and	17160
953. of the Revised Code. The director may use the moneys held in	17161
the fund to pay the expenses necessary to operate the animal	17162
industry laboratory and the consumer analytical laboratory,	17163
including the purchase of supplies and equipment.	17164

(2) All moneys collected by the director under this section	17165
that are from fees generated by a laboratory service performed by	17166
the weights and measures laboratory, and all moneys so collected	17167
that are from fees generated for the inspection and accreditation	17168
of laboratories and laboratory services related to weights and	17169
measures, shall be deposited in the state treasury to the credit	17170
of the weights and measures laboratory fund, which is hereby	17171
created in the state treasury. The moneys held in the fund may be	17172
used to pay the expenses necessary to operate the division of	17173
weights and measures, including the purchase of supplies and	17174
equipment.	17175

Sec. 901.91. The director of agriculture may assess the	17176
operating funds of the department of agriculture to pay a share of	17177
the department's central support and administrative costs. The	17178
assessments shall be based on a plan that the director develops	17179
and submits to the director of budget and management not later	17180
than the fifteenth day of July of the fiscal year in which the	17181
assessments are to be made. If the director of budget and	17182
management approves the plan, assessments shall be paid from the	17183
funds designated in the plan and credited by means of intrastate	17184
transfer voucher to the department of agriculture central	17185
support indirect costs fund, which is hereby created in the	17186
state treasury. The fund shall be administered by the director	17187
of agriculture and used to pay central support and administrative	17188
costs of the department of agriculture.	17189

Sec. 903.082. (A) The director of agriculture may determine	17190
that an animal feeding facility that is not a medium concentrated	17191
animal feeding operation or small concentrated animal feeding	17192
operation as defined in section 903.01 of the Revised Code	17193
nevertheless shall be required to be permitted as a medium or	17194
small concentrated animal feeding operation when all of the	17195
following apply:	17196

(1) The director has received from the chief of the division	17197
of soil and water ~~conservation~~resources in the department of	17198
natural resources a copy of an order issued under section 1511.02	17199
of the Revised Code that specifies that the animal feeding	17200
facility has caused agricultural pollution by failure to comply	17201
with standards established under that section and that the animal	17202
feeding facility therefore should be required to be permitted as a	17203
medium or small concentrated animal feeding operation.	17204

(2) The director or the director's authorized representative	17205
has inspected the animal feeding facility.	17206

(3) The director or the director's authorized representative	17207
finds that the facility is not being operated in a manner that	17208
protects the waters of the state.	17209

(B) If an animal feeding facility is required to be permitted	17210
in accordance with this section, the owner or operator of the	17211
facility shall apply to the director for a permit to operate as a	17212
concentrated animal feeding operation. In a situation in which	17213
best management practices cannot be implemented without modifying	17214
the existing animal feeding facility, the owner or operator of the	17215
facility also shall apply for a permit to install for the	17216
facility.	17217

(C) In the case of an animal feeding facility for which a	17218
permit to operate is required under this section, a permit to	17219
operate shall not be required after the end of the five-year term	17220
of the permit if the problems that caused the facility to be	17221
required to obtain the permit have been corrected to the	17222
director's satisfaction.	17223

Sec. 903.11. (A) The director of agriculture may enter into	17224
contracts or agreements to carry out the purposes of this chapter	17225
with any public or private person, including the Ohio state	17226
university extension service, the natural resources conservation	17227
service in the United States department of agriculture, the	17228
environmental protection agency, the division of soil and water	17229
~~conservation~~resources in the department of natural resources, and	17230
soil and water conservation districts established under Chapter	17231
1515. of the Revised Code. However, the director shall not enter	17232
into a contract or agreement with a private person for the review	17233
of applications for permits to install, permits to operate, NPDES	17234
permits, or review compliance certificates that are issued under	17235
this chapter or for the inspection of a facility regulated under	17236
this chapter or with any person for the issuance of any of those	17237
permits or certificates or for the enforcement of this chapter and	17238
rules adopted under it.	17239

(B) The director may administer grants and loans using moneys	17240
from the federal government and other sources, public or private,	17241
for carrying out any of the director's functions. Nothing in this	17242
chapter shall be construed to limit the eligibility of owners or	17243
operators of animal feeding facilities or other agricultural	17244
enterprises to receive moneys from the water pollution control	17245
loan fund established under section 6111.036 of the Revised Code	17246
and the nonpoint source pollution management fund established	17247
under section 6111.037 of the Revised Code.	17248

The director of agriculture shall provide the director of	17249
environmental protection with written recommendations for	17250
providing financial assistance from those funds to agricultural	17251
enterprises. The director of environmental protection shall	17252
consider the recommendations in developing priorities for	17253
providing financial assistance from the funds.	17254

Sec. 903.25. An owner or operator of an animal feeding	17255
facility who holds a permit to install, a permit to operate, a	17256
review compliance certificate, or a NPDES permit or who is	17257
operating under an operation and management plan, as defined in	17258
section 1511.01 of the Revised Code, approved by the chief of the	17259
division of soil and water ~~conservation~~resources in the	17260
department of natural resources under section 1511.02 of the	17261
Revised Code or by the supervisors of the appropriate soil and	17262
water conservation district under section 1515.08 of the Revised	17263
Code shall not be required by any political subdivision of the	17264
state or any officer, employee, agency, board, commission,	17265
department, or other instrumentality of a political subdivision to	17266
obtain a license, permit, or other approval pertaining to manure,	17267
insects or rodents, odor, or siting requirements for installation	17268
of an animal feeding facility.	17269

Sec. 905.32. (A) No person shall manufacture or distribute	17270
in this state any type of fertilizer until a license to	17271
manufacture or distribute has been obtained by the manufacturer or	17272
distributor from the department of agriculture upon payment of a	17273
five dollar fee:	17274

(1) For each fixed (permanent) location at which fertilizer	17275
is manufactured in this state;	17276

(2) For each mobile unit used to manufacture fertilizer in	17277
this state;	17278

(3) For each location out of the state from which fertilizer	17279
is distributed in this state to nonlicensees.	17280

All licenses shall be valid for one year beginning on the	17281
first day of December of a calendar year through the thirtieth day	17282
of November of the following calendar year. A renewal application	17283
for a license shall be submitted no later than the thirtieth day	17284
of November each year. A person who submits a renewal application	17285
for a license after the thirtieth day of November shall include	17286
with the application a late filing fee of ten dollars.	17287

(B) An application for license shall include:

17288

(1) The name and address of the licensee;

17289

(2) The name and address of each bulk distribution point in	17290
the state, not licensed for fertilizer manufacture and	17291
distribution.	17292

The name and address shown on the license shall be shown on	17293
all labels, pertinent invoices, and bulk storage for fertilizers	17294
distributed by the licensee in this state.	17295

(C) The licensee shall inform the director of agriculture in	17296
writing of additional distribution points established during the	17297
period of the license.	17298

(D) All money collected under this section shall be credited	17299
to the pesticide, fertilizer, and lime program fund created in	17300
section 921.22 of the Revised Code.	17301

Sec. 905.33. (A) Except as provided in division (C) of this	17302
section, no person shall distribute in this state a specialty	17303
fertilizer until it is registered by the manufacturer or	17304
distributor with the department of agriculture. An application, in	17305
duplicate, for each brand and product name of each grade of	17306
specialty fertilizer shall be made on a form furnished by the	17307
director of agriculture and shall be accompanied with a fee of	17308
fifty dollars for each brand and product name of each grade.	17309
Labels for each brand and product name of each grade shall	17310
accompany the application. Upon the approval of an application by	17311
the director, a copy of the registration shall be furnished the	17312
applicant. All registrations shall be valid for one year beginning	17313
on the first day of December of a calendar year through the	17314
thirtieth day of November of the following calendar year.	17315

(B) An application for registration shall include the	17316
following:	17317

(1) Name and address of the manufacturer or distributor;

17318

(2) The brand and product name;

17319

(3) The grade;

17320

(4) The guaranteed analysis;

17321

(5) The package sizes for persons that package fertilizers	17322
only in containers of ten pounds or less.	17323

(C)(1) No person who engages in the business of applying	17324
custom mixed fertilizer to lawns, golf courses, recreation areas,	17325
or other real property that is not used for agricultural	17326
production shall be required to register the custom mixed	17327
fertilizer as a specialty fertilizer in accordance with division	17328
(A) of this section if the fertilizer ingredients of the custom	17329
mixed fertilizer are registered as specialty fertilizers and the	17330
inspection fee described in division (A) of section 905.36 of the	17331
Revised Code is paid.	17332

(2) No person who engages in the business of blending custom	17333
mixed fertilizer for use on lawns, golf courses, recreation areas,	17334
or other real property that is not used for agricultural	17335
production shall be required to register the custom mixed	17336
fertilizer as a specialty fertilizer in accordance with division	17337
(A) of this section if the facility holds a nonagricultural	17338
production custom mixed fertilizer blender license issued under	17339
section 905.331 of the Revised Code.	17340

(D) A person who engages in the business of applying or	17341
blending custom mixed fertilizer as described in division (C) of	17342
this section shall maintain an original or a copy of an invoice or	17343
document of sale for all fertilizer the person applies or	17344
distributes for one year following the date of the application or	17345
distribution, and, upon the director's request, shall furnish the	17346
director with the invoice or document of sale for the director's	17347
review.	17348

(E) All money collected under this section shall be credited	17349
to the pesticide, fertilizer, and lime program fund created in	17350
section 921.22 of the Revised Code.	17351

Sec. 905.331. No person who engages in the business of	17352
blending a custom mixed fertilizer for use on lawns, golf courses,	17353
recreation areas, or other real property that is not used for	17354
agricultural production shall fail to register a specialty	17355
fertilizer in accordance with division (A) of section 905.33 of	17356
the Revised Code unless the person has obtained an annual	17357
nonagricultural production custom mixed fertilizer blender license	17358
from the director of agriculture.	17359

A license issued under this section shall be valid from the	17360
first day of December of a calendar year through the thirtieth day	17361
of November of the following calendar year. A renewal application	17362
for a nonagricultural production custom mixed fertilizer blender	17363
license shall be submitted to the director no later than the	17364
thirtieth day of November each year and shall include the name and	17365
address of the applicant and of the premises where the blending	17366
occurs and a one-hundred-dollar fee. A person who submits a	17367
renewal application for a license after the thirtieth day of	17368
November shall include with the application a late filing fee of	17369
ten dollars. All nonagricultural production custom mixed	17370
fertilizer blender licenses expire on the thirtieth day of	17371
November each year.	17372

A person holding a nonagricultural production custom mixed	17373
fertilizer blender license shall pay the inspection fees described	17374
in division (A) of section 905.36 of the Revised Code for each	17375
product being blended.	17376

All money collected under this section shall be credited to	17377
the pesticide, fertilizer, and lime program fund created in	17378
section 921.22 of the Revised Code.	17379

Sec. 905.36. (A) A licensee or registrant, except	17380
registrants who package specialty fertilizers only in containers	17381
of ten pounds or less, shall pay the director of agriculture for	17382
all fertilizers distributed in this state an inspection fee at the	17383
rate of twenty-five cents per ton or twenty-eight cents per metric	17384
ton. Licensees and registrants shall specify on an invoice whether	17385
the per ton inspection fee has been paid or whether payment of the	17386
fee is the responsibility of the purchaser of the fertilizer. The	17387
payment of this inspection fee by a licensee or registrant shall	17388
exempt all other persons from the payment of this fee.	17389

(B) Every licensee or registrant shall file with the director	17390
an annual tonnage report that includes the number of net tons or	17391
metric tons of fertilizer distributed to nonlicensees or	17392
nonregistrants in this state by grade; packaged; bulk, dry or	17393
liquid. The report shall be filed on or before the thirtieth day	17394
of November of each calendar year and shall include data from the	17395
period beginning on the first day of November of the year	17396
preceding the year in which the report is due through the	17397
thirty-first day of October of the year in which the report is	17398
due. The licensee or registrant, except registrants who package	17399
specialty fertilizers only in containers of ten pounds or less,	17400
shall include with this statement the inspection fee at the rate	17401
stated in division (A) of this section. For a tonnage report that	17402
is not filed or payment of inspection fees that is not made on or	17403
before the thirtieth day of November of the applicable calendar	17404
year, a penalty of fifty dollars or ten per cent of the amount	17405
due, whichever is greater, shall be assessed against the licensee	17406
or registrant. The amount of fees due, plus penalty, shall	17407
constitute a debt and become the basis of a judgment against the	17408
licensee or registrant. For tonnage reports found to be	17409
incorrect, a penalty of fifteen per cent of the amount due shall	17410
be assessed against the licensee or registrant and shall	17411
constitute a debt and become the basis of a judgment against the	17412
licensee or registrant.	17413

(C) No information furnished under this section shall be	17414
disclosed by any employee of the department of agriculture in such	17415
a way as to divulge the operation of any person required to make	17416
such a report. The filing by a licensee or registrant of a sales	17417
volume tonnage statement required by division (B) of this section	17418
thereby grants permission to the director to verify the same with	17419
the records of the licensee or registrant.	17420

(D) All money collected under this section shall be credited	17421
to the pesticide, fertilizer, and lime program fund created in	17422
section 921.22 of the Revised Code.	17423

Sec. 905.50. If the director of agriculture has taken an	17424
official sample of a fertilizer or mixed fertilizer and determined	17425
that it constitutes mislabeled fertilizer pursuant to rules	17426
adopted under section 905.40 of the Revised Code, the person who	17427
labeled the fertilizer or mixed fertilizer shall pay a penalty to	17428
the consumer of the mislabeled fertilizer or, if the consumer	17429
cannot be determined with reasonable diligence or is not	17430
available, to the director ~~for deposit into~~to be credited to the	17431
~~commercial feed~~pesticide, fertilizer, ~~seed,~~ and lime ~~inspection~~	17432
~~and laboratory~~program fund created under section ~~905.38~~921.22 of	17433
the Revised Code. The amount of the penalty shall be calculated in	17434
accordance with either division (A) or (B) of this section,	17435
whichever method of calculation yields the largest amount.	17436

(A)(1) A penalty required to be paid under this section may	17437
be calculated as follows:	17438

(a) Five dollars for each percentage point of total nitrogen	17439
or phosphorus in the fertilizer that is below the percentage of	17440
nitrogen or phosphorus guaranteed on the label, multiplied by the	17441
number of tons of mislabeled fertilizer that have been sold to the	17442
consumer;	17443

(b) Three dollars for each percentage point of potash in the	17444
fertilizer that is below the percentage of potash guaranteed on	17445
the label, multiplied by the number of tons of mislabeled	17446
fertilizer that have been sold to the consumer.	17447

(2) In the case of a fertilizer that contains a quantity of	17448
nitrogen, phosphorus, or potash that is more than five percentage	17449
points below the percentages guaranteed on the label, the	17450
penalties calculated under division (A)(1) of this section shall	17451
be tripled.	17452

(3) No penalty calculated under division (A) of this section	17453
shall be less than twenty-five dollars.	17454

(B) A penalty required to be paid under this section may be	17455
calculated by multiplying the market value of one unit of the	17456
mislabeled fertilizer by the number of units of the mislabeled	17457
fertilizer that have been sold to the consumer.	17458

(C) Upon making a determination under this section that a	17459
person has mislabeled fertilizer or mixed fertilizer, the director	17460
shall determine the parties to whom the penalty imposed by this	17461
section is required to be paid and, in accordance with division	17462
(A) or (B) of this section, as applicable, shall calculate the	17463
amount of the penalty required to be paid to each such party.	17464
After completing those determinations and calculations, the	17465
director shall issue to the person who allegedly mislabeled the	17466
fertilizer or mixed fertilizer a notice of violation. The notice	17467
shall be accompanied by an order requiring, and specifying the	17468
manner of, payment of the penalty imposed by this section to the	17469
parties in the amounts set forth in the determinations and	17470
calculations required by this division. The order shall be issued	17471
in accordance with Chapter 119. of the Revised Code.	17472

No person shall violate a term or condition of an order	17473
issued under this division.	17474

Sec. 905.51. As used in sections 905.51 to ~~905.66~~905.65 of	17475
the Revised Code:	17476

(A) "Liming material" means all materials, the calcium and	17477
magnesium content of which is used to neutralize soil acidity, and	17478
includes the oxide, hydrate, carbonate, and silicate forms, as	17479
defined by rule, or combinations of those forms. "Liming material"	17480
includes materials such as the following:	17481

(1) Limestone;

17482

(2) Hydrated lime;

17483

(3) Burnt lime;

17484

(4) Industrial by-product;

17485

(5) Marl and shell.

17486

(B) "Bulk" means in a nonpackaged form.

17487

(C) "Label" means any written or printed matter on the	17488
package, or tag attached thereto.	17489

(D) "Manufacture" means to process, crush, grind, pelletize,	17490
or blend.	17491

(E) "Person" means any partnership, association, firm, or	17492
corporation, company, society, individual or combination of	17493
individuals, institution, park, or public agency administered by	17494
the state or any subdivision of the state.	17495

(F) "Product name" means a coined or specific designation	17496
applied to an individual liming material.	17497

(G) "Sale" means an exchange or offer to exchange ownership,	17498
or a transfer or offer to transfer custody.	17499

(H) "Ton" means a net weight of two thousand pounds.

17500

(I) "Metric ton" means a measure of weight equal to one	17501
thousand kilograms.	17502

(J) "Pelletized lime" means a finely ground limestone product	17503
or manufactured material that is held together in a granulated	17504
form by a water soluble binding agent and that is capable of	17505
neutralizing soil acidity.	17506

(K) "Water treatment lime sludge" means lime sludge generated	17507
during the process of treating water supplies having levels of	17508
heavy metals at or below the levels permitted in standards adopted	17509
by the director of environmental protection governing the land	17510
application of lime sludge so generated.	17511

(L) "Distribute" means to offer for sale, sell, barter, or	17512
otherwise supply liming material in this state.	17513

(M) "Official sample" means any sample of liming material	17514
taken and designated as "official" by the director of agriculture	17515
or the director's designee.	17516

(N) "Effective neutralizing power" means the neutralizing	17517
value of liming material based on the total neutralizing power and	17518
fineness that is expressed as a dry weight percentage.	17519

(O) "Fineness index" means the percentage by weight of a	17520
liming material that will pass designated sieves, calculated to	17521
account for particle size distribution by adding the amounts	17522
arrived at under divisions (O)(1), (2), and (3) of this section as	17523
follows:	17524

(1) Two-tenths multiplied by the percentage of material	17525
passing a number eight United States standard sieve minus the	17526
percentage of material passing a number twenty United States	17527
standard sieve.	17528

(2) Six-tenths multiplied by the percentage of material	17529
passing a number twenty United States standard sieve minus the	17530
percentage of material passing a number sixty United States	17531
standard sieve.	17532

(3) One multiplied by the percentage of material passing a	17533
number sixty United States standard sieve.	17534

Sec. 905.52. (A) Except as provided in section 905.53 of the	17535
Revised Code, no person shall manufacture, sell, or distribute in	17536
this state liming material without a license to do so issued by	17537
the department of agriculture.	17538

(B) Each such license expires on the thirty-first day of	17539
December of each year and shall be renewed according to the	17540
standard renewal procedure of sections 4745.01 to 4745.03 of the	17541
Revised Code.	17542

(C) Each application for issuance or renewal of such a	17543
license shall:	17544

(1) Include the name and address of the applicant and the	17545
name and address of each bulk distribution point from which the	17546
applicant's liming material will be distributed in this state;	17547

(2) Be accompanied by a license fee of fifty dollars:

17548

(a) For each location at which liming material is	17549
manufactured in this state;	17550

(b) For each location out of the state from which liming	17551
material is distributed or sold in this state to nonlicensees.	17552

(3) Be accompanied by a label for each product name and	17553
grade.	17554

(D) The name and address of the applicant shown on the	17555
application shall be shown on all labels, pertinent invoices, and	17556
bulk storage for liming material distributed or sold by the	17557
licensee in this state.	17558

(E) The licensee shall inform the department in writing of	17559
additional distribution points established during the period of	17560
the license.	17561

(F) All money collected under this section shall be credited	17562
to the pesticide, fertilizer, and lime program fund created in	17563
section 921.22 of the Revised Code.	17564

Sec. 905.56. (A) Each licensee shall file with the	17565
department of agriculture an annual tonnage report that includes	17566
the number of net tons of liming material sold or distributed to a	17567
non-licensee in this state, by county, by oxide and hydrate forms,	17568
and by grade as defined in section 905.54 of the Revised Code,	17569
within forty days after the thirty-first day of December of each	17570
calendar year. The inspection fee at the rate stated in division	17571
(B) of this section shall accompany this report.	17572

(B) Each licensee who sells or distributes more than	17573
twenty-five hundred tons of agricultural liming material in this	17574
state shall pay to the department an inspection fee. The	17575
inspection fee is one fourth of one cent for each ton in excess of	17576
twenty-five hundred tons, as reported in the tonnage report	17577
required by division (A) of this section. The maximum inspection	17578
fee is three hundred dollars.	17579

(C) If a tonnage report is not filed, or if the inspection	17580
fee is not paid within ten days after the due date, a penalty of	17581
ten per cent of the amount due, with a minimum penalty of ten	17582
dollars, shall be assessed against the licensee. The amount of fee	17583
due, plus penalty, shall constitute a debt and shall become the	17584
basis of a judgment against the licensee. Such remedy is in	17585
addition to the remedy provided in section 905.62 of the Revised	17586
Code.	17587

(D) The director of agriculture may inspect the inventories,	17588
books, and records of any licensee in order to verify a tonnage	17589
report. If the director finds that a tonnage report is erroneous,	17590
the director may adjust the inspection fee, may assess any balance	17591
due against the licensee, and may impose a penalty not to exceed	17592
ten per cent of the balance due, or may refund any overpayment.	17593

(E) All money collected under this section shall be credited	17594
to the pesticide, fertilizer, and lime program fund created in	17595
section 921.22 of the Revised Code.	17596

Sec. 907.13. No person shall label agricultural, vegetable,	17597
or flower seed that is intended for sale in this state unless the	17598
person holds a valid seed labeler permit that has been issued by	17599
the director of agriculture in accordance with this section.	17600

A person who wishes to obtain a seed labeler permit shall	17601
file an application with the director on a form that the director	17602
provides and shall submit a permit fee in the amount of ten	17603
dollars. Such a person who labels seed under more than one name or	17604
at more than one address shall obtain a separate seed labeler	17605
permit and pay a separate permit fee for each name and address.	17606

The applicant shall include the applicant's full name and	17607
address on the application together with any additional	17608
information that the director requires by rules adopted under	17609
section 907.10 of the Revised Code. If the applicant's address is	17610
not within this state or it does not represent a location in this	17611
state where the director can collect samples of the applicant's	17612
seed for analysis, then the applicant shall include on the	17613
application an address within this state where samples of the	17614
applicant's seed may be collected for those purposes or shall	17615
agree to provide the director or the director's authorized	17616
representative with seeds for sampling upon request.	17617

Upon receipt of a complete application accompanied by the	17618
ten-dollar permit fee, the director shall issue a seed labeler's	17619
permit to the applicant. All seed labeler permits that are issued	17620
under this section shall expire on the thirty-first day of	17621
December of each year regardless of the date on which a permit was	17622
issued during that year.	17623

Each person who obtains a seed labeler permit shall label the	17624
seed that the person intends for sale in this state in accordance	17625
with the requirements established in sections 907.01 to 907.17 of	17626
the Revised Code. Each person who holds a valid seed labeler	17627
permit shall keep the permit posted in a conspicuous place in the	17628
principal seed room from which the person sells seed and shall	17629
comply with the reporting and fee requirements that are	17630
established in section 907.14 of the Revised Code.	17631

All money collected under this section shall be credited to	17632
the commercial feed and seed fund created in section 923.46 of the	17633
Revised Code.	17634

Sec. 907.14. (A) A person who holds a valid seed labeler	17635
permit issued under section 907.13 of the Revised Code shall	17636
report to the director of agriculture concerning the amount of	17637
seed that the person sells in this state. The report shall be made	17638
semiannually on a form that the director prescribes and provides.	17639
One semiannual report shall be filed with the director prior to	17640
the first day of February of each year with respect to all sales	17641
that the person made during the period from the first day of July	17642
to the thirty-first day of December of the preceding year. The	17643
second semiannual report shall be filed prior to the first day of	17644
August of each year with respect to all sales that the person made	17645
during the period from the first day of January to the thirtieth	17646
day of June of that year.	17647

(B) A person who holds a valid seed labeler permit shall	17648
include with each semiannual report a seed fee based on the amount	17649
of the seed that the person sold during that reporting period as	17650
follows:	17651

(1) For soybeans and small grains, including barley, oats,	17652
rye, wheat, triticale, and spelt, four cents per one hundred	17653
pounds;	17654

(2) For corn and grain sorghum, five cents per one hundred	17655
pounds;	17656

(3)(a) For any of the following seed sold at wholesale or	17657
retail or on consignment or commission, two per cent of the	17658
wholesale value of the containers of seed or, if the seed is not	17659
sold wholesale, two per cent of the retail value of the containers	17660
of seed:	17661

(i) Vegetable and flower seed sold in containers, other than	17662
hermetically sealed containers, of eight ounces or less;	17663

(ii) Flower seed sold in hermetically sealed containers that	17664
contain fewer than three hundred seeds;	17665

(iii) Vegetable seed sold in hermetically sealed containers	17666
that contain fewer than one thousand seeds.	17667

(b) The fees established pursuant to divisions (B)(3)(a)(ii)	17668
and (iii) of this section apply to both of the following:	17669

(i) Seed sold in hermetically sealed containers that contain	17670
the amount of seeds specified in division (B)(3)(a)(ii) or (iii)	17671
of this section, as applicable;	17672

(ii) Seed sold in hermetically sealed containers that do not	17673
clearly state the number of seeds that they contain.	17674

(c) Except as otherwise provided in division (B)(3)(b)(ii) of	17675
this section, if the weight of seed in a container, or the	17676
quantity of seed in a container, exceeds the applicable weight or	17677
quantity specified in division (B)(3)(a)(i), (ii), or (iii) of	17678
this section, the fee established in division (B)(4) of this	17679
section applies.	17680

(4) For alfalfa, clover, grass, native grass, mixtures	17681
containing any of these, and all agricultural, vegetable, and	17682
flower seeds not specified in divisions (B)(1) to (3) of this	17683
section, ten cents per one hundred pounds.	17684

If the total amount of the seed fee that is due is less than	17685
five dollars, the person shall pay the minimum seed fee, which is	17686
five dollars.	17687

(C) For each failure to report in full the amount of seed	17688
sold or to submit the required seed fees in full by the due date,	17689
a person who holds a valid seed labeler permit shall pay a penalty	17690
of ten per cent of the amount due or fifty dollars, whichever is	17691
greater. Failure to pay either the fee or the penalty within	17692
thirty days after the due date is cause for suspension or	17693
revocation by the director of the seed labeler permit or refusal,	17694
without a hearing, to issue a subsequent seed labeler permit for	17695
which the person applies.	17696

(D) This section does not apply to governmental entities that	17697
donate seed for conservation purposes.	17698

(E) All money collected under this section shall be credited	17699
to the commercial feed and seed fund created in section 923.46 of	17700
the Revised Code.	17701

Sec. 907.30. (A) No person shall apply legume inoculants to	17702
seed for sale in ~~Ohio,~~this state for others or to a customer's	17703
order unless ~~he shall have~~the person has obtained from the	17704
director of agriculture a legume inoculator's license for each	17705
such place of business where seed is inoculated. Application for	17706
such a license shall be made on a form obtainable from the	17707
director and shall be accompanied by a fee of five dollars. ~~Said~~	17708
The application shall include the name of the brand, or brands of	17709
legume inoculant to be used together with the name of the	17710
manufacturer, and the name of the process or technique used to	17711
apply the inoculant to the seed. All such licenses shall expire	17712
each year on the thirty-first day of January and shall be renewed	17713
according to the standard renewal procedure of sections 4745.01 to	17714
4745.03~~, inclusive,~~ of the Revised Code.	17715

(B) The legume inoculator shall keep for a period of eighteen	17716
months, records ~~which~~that shall include complete data concerning	17717
the source and lot number of the inoculant material used, the rate	17718
and date of application, and the lot identity by owner and lot	17719
number, if any, of the seed to which the material was applied.	17720

(C) All money collected under this section shall be credited	17721
to the commercial feed and seed fund created in section 923.46 of	17722
the Revised Code.	17723

Sec. 907.31. Any person who submits an application for the	17724
registration of a brand of legume inoculant shall pay annually,	17725
prior to the first day of January, a registration and inspection	17726
fee in the amount of fifty dollars per brand.	17727

The registration shall be renewed according to the standard	17728
renewal procedure established in Chapter 4745. of the Revised	17729
Code.	17730

All money collected under this section shall be credited to	17731
the commercial feed and seed fund created in section 923.46 of the	17732
Revised Code.	17733

Sec. 915.24. (A) There is hereby created in the state	17734
treasury the food safety fund. All of the following moneys shall	17735
be credited to the fund:	17736

(1) Bakery registration fees and fines received under	17737
sections 911.02 to 911.20 of the Revised Code;	17738

(2) Cannery license fees and renewal fees received under	17739
sections 913.01 to 913.05 of the Revised Code;	17740

(3) Moneys received under sections 913.22 to 913.28 of the	17741
Revised Code;	17742

(4) License fees, fines, and penalties recovered for the	17743
violation of sections 915.01 to 915.12 of the Revised Code;	17744

(5) License fees collected under sections 915.14 to 915.23 of	17745
the Revised Code;	17746

(6) License fees, other fees, and fines collected by or for	17747
the director of agriculture under Chapter 3717. of the Revised	17748
Code;	17749

(7) Fees collected under section 3715.04 of the Revised Code	17750
for the issuance of certificates of health and freesale;	17751

(8) Registration fees and other fees collected by the	17752
director under section 3715.041 of the Revised Code.	17753

(B) The director of agriculture shall use the moneys	17754
deposited into the food safety fund to administer and enforce the	17755
laws pursuant to which the moneys were collected.	17756

Sec. 918.08. (A) Except as provided in division (F) of this	17757
section, no person shall operate an establishment without first	17758
licensing the establishment with the department of agriculture.	17759
The owner of an establishment desiring a license with the	17760
department may make application therefor on forms provided by the	17761
department. If after inspection the director of agriculture finds	17762
that an establishment is in compliance with this chapter and rules	17763
adopted under it, the director shall notify the owner of the	17764
establishment and, upon receipt of the required license fee, the	17765
establishment shall be permitted to operate. However, if after	17766
inspection the director finds that an establishment is not in	17767
compliance with this chapter and rules adopted under it, the	17768
director shall deny the license application. The applicant may	17769
appeal the denial of the license application in accordance with	17770
Chapter 119. of the Revised Code. The license shall expire	17771
annually on the thirty-first day of March and, if the director	17772
finds that the establishment is in compliance with this chapter	17773
and rules adopted under it, shall be renewed according to the	17774
standard renewal procedure of sections 4745.01 to 4745.03 of the	17775
Revised Code.	17776

(B) The annual license fee for each establishment, or a	17777
renewal thereof, is ~~fifty~~one hundred dollars. All fees collected	17778
under this section shall be deposited into the poultry and meat	17779
products fund created in section 918.15 of the Revised Code.	17780

(C) If after inspection the director determines that an	17781
establishment licensed under division (A) of this section is	17782
operating in violation of this chapter or the rules adopted	17783
thereunder, the director shall notify the licensee in writing of	17784
the violation and give the licensee ten days from the date of	17785
notice to cease or correct the conditions causing the violation.	17786
If the conditions causing the violation continue after the	17787
expiration of the ten-day period, the director may do either of	17788
the following:	17789

(1) Impose progressive enforcement actions as provided in	17790
division (D)(1) of this section in the same manner as inspectors;	17791

(2) Suspend or revoke the establishment's license in	17792
accordance with Chapter 119. of the Revised Code.	17793

(D)(1) If an inspector determines that an establishment	17794
licensed under division (A) of this section is operating in	17795
violation of sections 918.01 to 918.12 of the Revised Code and	17796
rules adopted under those sections, the inspector may notify the	17797
licensee in writing of the violation. The inspector immediately	17798
may impose progressive enforcement actions, including withholding	17799
the mark of inspection, suspension of inspection, suspension of	17800
inspection held in abeyance, and withdrawal of inspection. The	17801
progressive enforcement actions may be taken prior to affording	17802
the licensee an opportunity for a hearing. As authorized in	17803
division (C) of section 119.06 of the Revised Code, a decision to	17804
impose a progressive enforcement action is immediately appealable	17805
to a higher authority within the department who is classified by	17806
the director as a district supervisor and who is designated by the	17807
director to hear the appeal. If the district supervisor affirms	17808
the enforcement action of the inspector, the licensee may appeal	17809
the enforcement action in accordance with Chapter 119. of the	17810
Revised Code.	17811

(2) As used in division (D)(1) of this section, "suspension	17812
of inspection held in abeyance" means a period of time during	17813
which a suspension of inspection is lifted because an	17814
establishment has presented the director with a corrective action	17815
plan that, if implemented properly, would bring the establishment	17816
into compliance with this chapter and rules adopted under it.	17817

(E) If in the opinion of the director the establishment is	17818
being operated under such insanitary conditions as to be a hazard	17819
to public health, or if the director determines that an	17820
establishment is not in compliance with its hazard analysis	17821
critical control point plan as required by rules, the director may	17822
condemn or retain the product on hand and immediately withdraw	17823
inspection from the establishment until the insanitary conditions	17824
are corrected or until the establishment is in compliance with its	17825
hazard analysis critical control point plan, as applicable. The	17826
director may take those actions prior to an adjudication hearing	17827
as required under section 119.06 of the Revised Code. The director	17828
subsequently shall afford a hearing upon the request of the owner	17829
or operator of the establishment.	17830

(F) Any person operating an establishment as defined in	17831
section 918.01 of the Revised Code who also operates on the same	17832
premises an establishment as defined in section 918.21 of the	17833
Revised Code shall apply either for licensure under section 918.08	17834
of the Revised Code or for licensure under section 918.28 of the	17835
Revised Code, but not for both, as the director shall determine.	17836

(G) If the director determines that the owner or operator of	17837
or any person employed by an establishment licensed under division	17838
(A) of this section forcibly assaulted, resisted, opposed,	17839
impeded, intimidated, or interfered with any person while that	17840
person was engaged in, or because of the person's performance of,	17841
official duties under sections 918.01 to 918.12 of the Revised	17842
Code or the rules adopted under those sections, the director	17843
immediately may withdraw inspection from the establishment prior	17844
to an adjudication hearing as required under section 119.06 of the	17845
Revised Code.	17846

(H) In addition to any remedies provided by law and	17847
irrespective of whether or not there exists an adequate remedy at	17848
law, the director may apply to the court of common pleas of the	17849
county in which a violation of sections 918.01 to 918.12 of the	17850
Revised Code or rules adopted under those sections occurs for a	17851
temporary or permanent injunction or other appropriate relief	17852
concerning the violation.	17853

Sec. 918.28. (A) Except as provided in division (F) of	17854
section 918.08 of the Revised Code, application for a license to	17855
operate an establishment shall be made to the director of	17856
agriculture on forms provided by the department of agriculture.	17857
The director shall inspect the establishment and if, upon	17858
inspection, the establishment is found to be in compliance with	17859
this chapter and rules adopted under it, the director shall so	17860
notify the owner of the establishment and, upon receipt of the	17861
annual license fee of ~~fifty~~one hundred dollars, shall issue the	17862
owner a license. However, if after inspection the director finds	17863
that an establishment is not in compliance with this chapter and	17864
rules adopted under it, the director shall deny the license	17865
application. The applicant may appeal the denial of the license	17866
application in accordance with Chapter 119. of the Revised Code.	17867
The license shall expire on the thirty-first day of March of each	17868
year and, if the director finds that the establishment is in	17869
compliance with this chapter and rules adopted under it, shall be	17870
renewed according to the standard renewal procedures of sections	17871
4745.01 to 4745.03 of the Revised Code.	17872

(B) If after inspection the director determines that an	17873
establishment licensed under this section is operating in	17874
violation of this chapter or a rule or order adopted or issued	17875
under authority thereof, the director shall notify the licensee in	17876
writing of the violation, giving the licensee ten days from the	17877
date of the notice to correct the conditions causing the	17878
violation. If the conditions are not corrected within the ten-day	17879
period, the director may do either of the following:	17880

(1) Impose progressive enforcement actions as provided in	17881
division (C)(1) of this section in the same manner as inspectors;	17882

(2) Suspend or revoke the license in accordance with Chapter	17883
119. of the Revised Code.	17884

(C)(1) If an inspector determines that an establishment	17885
licensed under division (A) of this section is operating in	17886
violation of sections 918.21 to 918.31 of the Revised Code and	17887
rules adopted under those sections, the inspector may notify the	17888
licensee in writing of the violation. The inspector immediately	17889
may impose progressive enforcement actions, including withholding	17890
the mark of inspection, suspension of inspection, suspension of	17891
inspection held in abeyance, and withdrawal of inspection. The	17892
progressive enforcement actions may be taken prior to affording	17893
the licensee an opportunity for a hearing. As authorized in	17894
division (C) of section 119.06 of the Revised Code, a decision to	17895
impose a progressive enforcement action is immediately appealable	17896
to a higher authority within the department who is classified by	17897
the director as a district supervisor and who is designated by the	17898
director to hear the appeal. If the district supervisor affirms	17899
the enforcement action of the inspector, the licensee may appeal	17900
the enforcement action in accordance with Chapter 119. of the	17901
Revised Code.	17902

(2) As used in division (C)(1) of this section, "suspension	17903
of inspection held in abeyance" means a period of time during	17904
which a suspension of inspection is lifted because an	17905
establishment has presented the director with a corrective action	17906
plan that, if implemented properly, would bring the establishment	17907
into compliance with this chapter and rules adopted under it.	17908

(D) If in the opinion of the director the establishment is	17909
being operated under such insanitary conditions as to be a hazard	17910
to public health, or if the director determines that an	17911
establishment is not in compliance with its hazard analysis	17912
critical control point plan as required by rules, the director may	17913
condemn or retain the product on hand and immediately withdraw	17914
inspection from the establishment until such time as the	17915
insanitary conditions are corrected or until the establishment is	17916
in compliance with its hazard analysis critical control point	17917
plan, as applicable.	17918

(E) If the director determines that the owner or operator of	17919
or any person employed by an establishment licensed under division	17920
(A) of this section forcibly assaulted, resisted, opposed,	17921
impeded, intimidated, or interfered with any person while that	17922
person was engaged in, or because of the person's performance of,	17923
official duties under sections 918.21 to 918.31 of the Revised	17924
Code or the rules adopted under those sections, the director	17925
immediately may withdraw inspection from the establishment prior	17926
to an adjudication hearing as required under section 119.06 of the	17927
Revised Code.	17928

(F) In addition to any remedies provided by law and	17929
irrespective of whether or not there exists an adequate remedy at	17930
law, the director may apply to the court of common pleas of the	17931
county in which a violation of sections 918.21 to 918.31 of the	17932
Revised Code or rules adopted under those sections occurs for a	17933
temporary or permanent injunction or other appropriate relief	17934
concerning the violation.	17935

Sec. 921.02. (A) No person shall distribute a pesticide	17936
within this state unless the pesticide is registered with the	17937
director of agriculture under this chapter. Registrations shall be	17938
issued for a period of time established by rule and shall be	17939
renewed in accordance with deadlines established by rule.	17940
Registration is not required if a pesticide is shipped from one	17941
plant or warehouse to another plant or warehouse operated by the	17942
same person and used solely at that plant or warehouse as a	17943
constituent part to make a pesticide that is registered under this	17944
chapter, or if the pesticide is distributed under the provisions	17945
of an experimental use permit issued under section 921.03 of the	17946
Revised Code or an experimental use permit issued by the United	17947
States environmental protection agency.	17948

(B) The applicant for registration of a pesticide shall file	17949
a statement with the director on a form provided by the director,	17950
which shall include all of the following:	17951

(1) The name and address of the applicant and the name and	17952
address of the person whose name will appear on the label, if	17953
other than the applicant's name;	17954

(2) The brand and product name of the pesticide;

17955

(3) Any necessary information required for completion of the	17956
department of agriculture's application for registration,	17957
including the agency registration number;	17958

(4) A complete copy of the labeling accompanying the	17959
pesticide and a statement of all claims to be made for it,	17960
including the directions for use and the use classification as	17961
provided for in the federal act.	17962

(C) The director, when the director considers it necessary in	17963
the administration of this chapter, may require the submission of	17964
the complete formula of any pesticide including the active and	17965
inert ingredients.	17966

(D) The director may require a full description of the tests	17967
made and the results thereof upon which the claims are based for	17968
any pesticide. The director shall not consider any data submitted	17969
in support of an application, without permission of the applicant,	17970
in support of any other application for registration unless the	17971
other applicant first has offered to pay reasonable compensation	17972
for producing the test data to be relied upon and the data are not	17973
protected from disclosure by section 921.04 of the Revised Code.	17974
In the case of a renewal of registration, a statement shall be	17975
required only with respect to information that is different from	17976
that furnished when the pesticide was registered or last	17977
registered.	17978

(E) The director may require any other information to be	17979
submitted with an application.	17980

Any applicant may designate any portion of the required	17981
registration information as a trade secret or confidential	17982
business information. Upon receipt of any required registration	17983
information designated as a trade secret or confidential business	17984
information, the director shall consider the designated	17985
information as confidential and shall not reveal or cause to be	17986
revealed any such designated information without the consent of	17987
the applicants, except to persons directly involved in the	17988
registration process described in this section or as required by	17989
law.	17990

(F) Beginning January 1, 2007, each applicant shall pay a	17991
registration and inspection fee of one hundred fifty dollars for	17992
each product name and brand registered for the company whose name	17993
appears on the label. If an applicant files for a renewal of	17994
registration after the deadline established by rule, the applicant	17995
shall pay a penalty fee of seventy-five dollars for each product	17996
name and brand registered for the applicant. The penalty fee shall	17997
be added to the original fee and paid before the renewal	17998
registration is issued. In addition to any other remedy available	17999
under this chapter, if a pesticide that is not registered pursuant	18000
to this section is distributed within this state, the person	18001
required to register the pesticide shall do so and shall pay a	18002
penalty fee of seventy-five dollars for each product name and	18003
brand registered for the applicant. The penalty fee shall be added	18004
to the original fee of one hundred fifty dollars and paid before	18005
the registration is issued.	18006

(G) Provided that the state is authorized by the	18007
administrator of the United States environmental protection agency	18008
to register pesticides to meet special local needs, the director	18009
shall require the information set forth under divisions (B), (C),	18010
(D), and (E) of this section and shall register any such pesticide	18011
after determining that all of the following conditions are met:	18012

(1) Its composition is such as to warrant the proposed claims	18013
for it.	18014

(2) Its labeling and other material required to be submitted	18015
comply with the requirements of the federal act and of this	18016
chapter, and rules adopted thereunder.	18017

(3) It will perform its intended function without	18018
unreasonable adverse effects on the environment.	18019

(4) When used in accordance with widespread and commonly	18020
recognized practice, it will not generally cause unreasonable	18021
adverse effects on the environment.	18022

(5) The classification for general or restricted use is in	18023
conformity with the federal act.	18024

The director shall not make any lack of essentiality a	18025
criterion for denying the registration of any pesticide. When two	18026
pesticides meet the requirements of division (G) of this section,	18027
the director shall not register one in preference to the other.	18028

(H)(1) The director may refuse to register a pesticide if the	18029
application for registration fails to comply with this section.	18030

(2) The director may suspend or revoke a pesticide	18031
registration after a hearing in accordance with Chapter 119. of	18032
the Revised Code for a pesticide that fails to meet the claims	18033
made for it on its label.	18034

(3) The director may immediately suspend a pesticide	18035
registration, prior to a hearing, when the director believes that	18036
the pesticide poses an immediate hazard to human or animal health	18037
or a hazard to the environment. Not later than fifteen days after	18038
suspending the registration, the director shall determine whether	18039
the pesticide poses such a hazard. If the director determines that	18040
no hazard exists, the director shall lift the suspension of the	18041
registration. If the director determines that a hazard exists, the	18042
director shall revoke the registration in accordance with Chapter	18043
119. of the Revised Code.	18044

(I) All money collected under this section shall be credited	18045
to the pesticide, fertilizer, and lime program fund created in	18046
section 921.22 of the Revised Code.	18047

Sec. 921.06. (A)(1) No individual shall do any of the	18048
following without having a commercial applicator license issued by	18049
the director of agriculture:	18050

(a) Apply pesticides for a pesticide business without direct	18051
supervision;	18052

(b) Apply pesticides as part of the individual's duties while	18053
acting as an employee of the United States government, a state,	18054
county, township, or municipal corporation, or a park district,	18055
port authority, or sanitary district created under Chapter 1545.,	18056
4582., or 6115. of the Revised Code, respectively;	18057

(c) Apply restricted use pesticides. Division (A)(1)(c) of	18058
this section does not apply to a private applicator or an	18059
immediate family member or a subordinate employee of a private	18060
applicator who is acting under the direct supervision of that	18061
private applicator.	18062

(d) If the individual is the owner of a business other than a	18063
pesticide business or an employee of such an owner, apply	18064
pesticides at any of the following publicly accessible sites that	18065
are located on the property:	18066

(i) Food service operations that are licensed under Chapter	18067
3717. of the Revised Code;	18068

(ii) Retail food establishments that are licensed under	18069
Chapter 3717. of the Revised Code;	18070

(iii) Golf courses;

18071

(iv) Rental properties of more than four apartment units at	18072
one location;	18073

(v) Hospitals or medical facilities as defined in section	18074
3701.01 of the Revised Code;	18075

(vi) Child day-care centers or school child day-care centers	18076
as defined in section 5104.01 of the Revised Code;	18077

(vii) Facilities owned or operated by a school district	18078
established under Chapter 3311. of the Revised Code, including an	18079
education service center, a community school established under	18080
Chapter 3314. of the Revised Code, or a chartered or nonchartered	18081
nonpublic school that meets minimum standards established by the	18082
state board of education;	18083

(viii) Colleges as defined in section 3365.01 of the Revised	18084
Code;	18085

(ix) Food processing establishments as defined in section	18086
3715.021 of the Revised Code;	18087

(x) Any other site designated by rule.

18088

(e) Conduct authorized diagnostic inspections.

18089

(2) Divisions (A)(1)(a) to (d) of this section do not apply	18090
to an individual who is acting as a trained serviceperson under	18091
the direct supervision of a commercial applicator.	18092

(3) Licenses shall be issued for a period of time established	18093
by rule and shall be renewed in accordance with deadlines	18094
established by rule. The fee for each such license shall be	18095
established by rule. If a license is not issued or renewed, the	18096
application fee shall be retained by the state as payment for the	18097
reasonable expense of processing the application. The director	18098
shall by rule classify by pesticide-use category licenses to be	18099
issued under this section. A single license may include more than	18100
one pesticide-use category. No individual shall be required to pay	18101
an additional license fee if the individual is licensed for more	18102
than one category.	18103

The fee for each license or renewal does not apply to an	18104
applicant who is an employee of the department of agriculture	18105
whose job duties require licensure as a commercial applicator as a	18106
condition of employment.	18107

(B) Application for a commercial applicator license shall be	18108
made on a form prescribed by the director. Each application for a	18109
license shall state the pesticide-use category or categories of	18110
license for which the applicant is applying and other information	18111
that the director determines essential to the administration of	18112
this chapter.	18113

(C) If the director finds that the applicant is competent to	18114
apply pesticides and conduct diagnostic inspections and that the	18115
applicant has passed both the general examination and each	18116
applicable pesticide-use category examination as required under	18117
division (A) of section 921.12 of the Revised Code, the director	18118
shall issue a commercial applicator license limited to the	18119
pesticide-use category or categories for which the applicant is	18120
found to be competent. If the director rejects an application, the	18121
director may explain why the application was rejected, describe	18122
the additional requirements necessary for the applicant to obtain	18123
a license, and return the application. The applicant may resubmit	18124
the application without payment of any additional fee.	18125

(D)(1) A person who is a commercial applicator shall be	18126
deemed to hold a private applicator's license for purposes of	18127
applying pesticides on agricultural commodities that are produced	18128
by the commercial applicator.	18129

(2) A commercial applicator shall apply pesticides only in	18130
the pesticide-use category or categories in which the applicator	18131
is licensed under this chapter.	18132

(E) All money collected under this section shall be credited	18133
to the pesticide, fertilizer, and lime program fund created in	18134
section 921.22 of the Revised Code.	18135

Sec. 921.09. (A)(1) No person shall own or operate a	18136
pesticide business without obtaining a license from the director	18137
of agriculture. Licenses shall be issued for a period of time	18138
established by rule and shall be renewed in accordance with	18139
deadlines established by rule.	18140

(2) A person applying for a pesticide business license shall	18141
register each location that is owned by the person and used for	18142
the purpose of engaging in the pesticide business.	18143

(B) Any person who owns or operates a pesticide business	18144
outside of this state, but engages in the business of applying	18145
pesticides to properties of another for hire in this state, shall	18146
obtain a license for the person's principal out-of-state location	18147
from the director. In addition, the person shall register each	18148
location that is owned by the person in this state and used for	18149
the purpose of engaging in the pesticide business.	18150

(C)(1) The person applying for a pesticide business license	18151
shall file a statement with the director, on a form provided by	18152
the director, that shall include all of the following:	18153

(a) The address of the principal place of business of the	18154
pesticide business;	18155

(b) The address of each location that the person intends to	18156
register under division (A)(2) or (B) of this section;	18157

(c) Any other information that the director determines	18158
necessary and that the director requires by rule.	18159

(2) Each applicant shall pay a license fee established by	18160
rule for the pesticide business plus an additional fee established	18161
by rule for each pesticide business registered location specified	18162
in the application. The license may be renewed upon payment of a	18163
renewal fee established by rule plus an additional fee established	18164
by rule for each pesticide business registered location. A copy of	18165
the license shall be maintained and conspicuously displayed at	18166
each such location.	18167

(3) The issuance of a pesticide business license constitutes	18168
registration of any pesticide business location identified in the	18169
application under division (C)(1) of this section.	18170

(4) The owner or operator of a pesticide business shall	18171
notify the director not later than fifteen days after any change	18172
occurs in the information required under division (C)(1)(a) or (b)	18173
of this section.	18174

(D) The owner or operator of a pesticide business shall	18175
employ at least one commercial applicator for each pesticide	18176
business registered location the owner or operator owns or	18177
operates.	18178

(E) The owner or operator of a pesticide business is	18179
responsible for the acts of each employee in the handling,	18180
application, and use of pesticides and in the conducting of	18181
diagnostic inspections. The pesticide business license is subject	18182
to denial, modification, suspension, or revocation after a hearing	18183
for any violation of this chapter or any rule adopted or order	18184
issued under it. The director may levy against the owner or	18185
operator any civil penalties authorized by division (B) of section	18186
921.16 of the Revised Code for any violation of this chapter or	18187
any rule adopted or order issued under it that is committed by the	18188
owner or operator or by the owner's or operator's officer,	18189
employee, or agent.	18190

(F) The director may modify a license issued under this	18191
section by one of the following methods:	18192

(1) Revoking a licensee's authority to operate out of a	18193
particular pesticide business registered location listed under	18194
division (C)(1)(b) of this section;	18195

(2) Preventing a licensee from operating within a specific	18196
pesticide-use category.	18197

(G) The director may deny a pesticide business license to any	18198
person whose pesticide business license has been revoked within	18199
the previous thirty-six months.	18200

(H) Each pesticide business registered location that is owned	18201
by a pesticide business is subject to inspection by the director.	18202

(I) All money collected under this section shall be credited	18203
to the pesticide, fertilizer, and lime program fund created in	18204
section 921.22 of the Revised Code.	18205

Sec. 921.11. (A)(1) No individual shall apply restricted use	18206
pesticides unless the individual is one of the following:	18207

(a) Licensed under section 921.06 of the Revised Code;

18208

(b) Licensed under division (B) of this section;

18209

(c) A trained serviceperson who is acting under the direct	18210
supervision of a commercial applicator;	18211

(d) An immediate family member or a subordinate employee of a	18212
private applicator who is acting under the direct supervision of	18213
that private applicator.	18214

(2) No individual shall directly supervise the application of	18215
a restricted use pesticide unless the individual is one of the	18216
following:	18217

(a) Licensed under section 921.06 of the Revised Code;

18218

(b) Licensed under division (B) of this section.

18219

(B) The director of agriculture shall adopt rules to	18220
establish standards and procedures for the licensure of private	18221
applicators. An individual shall apply for a private applicator	18222
license to the director, on forms prescribed by the director. The	18223
individual shall include in the application the pesticide-use	18224
category or categories of the license for which the individual is	18225
applying and any other information that the director determines is	18226
essential to the administration of this chapter. The fee for each	18227
license shall be established by rule. Licenses shall be issued for	18228
a period of time established by rule and shall be renewed in	18229
accordance with deadlines established by rule. If a license is not	18230
issued or renewed, the state shall retain any fee submitted as	18231
payment for reasonable expenses of processing the application.	18232

(C) An individual who is licensed under this section shall	18233
use or directly supervise the use of a restricted use pesticide	18234
only for the purpose of producing agricultural commodities on	18235
property that is owned or rented by the individual or the	18236
individual's employer.	18237

(D) All money collected under this section shall be credited	18238
to the pesticide, fertilizer, and lime program fund created in	18239
section 921.22 of the Revised Code.	18240

Sec. 921.13. (A) Any person who is acting in the capacity of	18241
a pesticide dealer or who advertises or assumes to act as a	18242
pesticide dealer at any time shall obtain a pesticide dealer	18243
license from the director of agriculture. Licenses shall be	18244
issued for a period of time established by rule and shall be	18245
renewed in accordance with deadlines established by rule. A	18246
license is required for each location or outlet within this state	18247
from which the person distributes pesticides.	18248

Any pesticide dealer who has no pesticide dealer outlets in	18249
this state and who distributes restricted use pesticides directly	18250
into this state shall obtain a pesticide dealer license from the	18251
director for the pesticide dealer's principal out-of-state	18252
location or outlet and for each sales person operating in the	18253
state.	18254

The applicant shall include a license fee established by rule	18255
with the application for a license. The application shall be made	18256
on a form prescribed by the director.	18257

Each pesticide dealer shall submit records to the director of	18258
all of the restricted use pesticides the pesticide dealer has	18259
distributed, as specified by the director, and duplicate records	18260
shall be retained by the pesticide dealer for a period of time	18261
established by rules.	18262

(B) This section does not apply to any federal, state,	18263
county, or municipal agency that provides pesticides for its own	18264
programs.	18265

(C) Each licensed pesticide dealer is responsible for the	18266
acts of each employee in the solicitation and sale of pesticides	18267
and all claims and recommendations for use of pesticides. The	18268
pesticide dealer's license is subject to denial, suspension, or	18269
revocation after a hearing for any violation of this chapter	18270
whether committed by the pesticide dealer or by the pesticide	18271
dealer's officer, agent, or employee.	18272

(D) All money collected under this section shall be credited	18273
to the pesticide, fertilizer, and lime program fund created in	18274
section 921.22 of the Revised Code.	18275

Sec. 921.16. (A) The director of agriculture shall adopt	18276
rules the director determines necessary for the effective	18277
enforcement and administration of this chapter. The rules may	18278
relate to, but are not limited to, the time, place, manner, and	18279
methods of application, materials, and amounts and concentrations	18280
of application of pesticides, may restrict or prohibit the use of	18281
pesticides in designated areas during specified periods of time,	18282
and shall encompass all reasonable factors that the director	18283
determines necessary to minimize or prevent damage to the	18284
environment. In addition, the rules shall establish the deadlines	18285
and time periods for registration, registration renewal, late	18286
registration renewal, and failure to register under section 921.02	18287
of the Revised Code; the fees for registration, registration	18288
renewal, late registration renewal, and failure to register under	18289
section 921.02 of the Revised Code that shall apply until the fees	18290
that are established under that section take effect on January 1,	18291
2007; and the fees, deadlines, and time periods for licensure and	18292
license renewal under sections 921.06, 921.09, 921.11, and 921.13	18293
of the Revised Code.	18294

(B) The director shall adopt rules that establish a schedule	18295
of civil penalties for violations of this chapter, or any rule or	18296
order adopted or issued under it, provided that the civil penalty	18297
for a first violation shall not exceed five thousand dollars and	18298
the civil penalty for each subsequent violation shall not exceed	18299
ten thousand dollars. In determining the amount of a civil penalty	18300
for a violation, the director shall consider factors relevant to	18301
the severity of the violation, including past violations and the	18302
amount of actual or potential damage to the environment or to	18303
human beings. All money collected under this division shall be	18304
credited to the pesticide, fertilizer, and lime program fund	18305
created in section 921.22 of the Revised Code.	18306

(C) The director shall adopt rules that set forth the	18307
conditions under which the director:	18308

(1) Requires that notice or posting be given of a proposed	18309
application of a pesticide;	18310

(2) Requires inspection, condemnation, or repair of equipment	18311
used to apply a pesticide;	18312

(3) Will suspend, revoke, or refuse to issue any pesticide	18313
registration for a violation of this chapter;	18314

(4) Requires safe handling, transportation, storage, display,	18315
distribution, and disposal of pesticides and their containers;	18316

(5) Ensures the protection of the health and safety of	18317
agricultural workers storing, handling, or applying pesticides,	18318
and all residents of agricultural labor camps, as that term is	18319
defined in section 3733.41 of the Revised Code, who are living or	18320
working in the vicinity of pesticide-treated areas;	18321

(6) Requires a record to be kept of all pesticide	18322
applications made by each commercial applicator and by any trained	18323
serviceperson acting under the commercial applicator's direct	18324
supervision and of all restricted use pesticide applications made	18325
by each private applicator and by any immediate family member or	18326
subordinate employee of that private applicator who is acting	18327
under the private applicator's direct supervision as required	18328
under section 921.14 of the Revised Code;	18329

(7) Determines the pesticide-use categories of diagnostic	18330
inspections that must be conducted by a commercial applicator;	18331

(8) Requires a record to be kept of all diagnostic	18332
inspections conducted by each commercial applicator and by any	18333
trained service person.	18334

(D) The director shall prescribe standards for the licensure	18335
of applicators of pesticides consistent with those prescribed by	18336
the federal act and the regulations adopted under it or prescribe	18337
standards that are more restrictive than those prescribed by the	18338
federal act and the regulations adopted under it. The standards	18339
may relate to the use of a pesticide or to an individual's	18340
pesticide-use category.	18341

The director shall take into consideration standards of the	18342
United States environmental protection agency.	18343

(E) The director may adopt rules setting forth the conditions	18344
under which the director will:	18345

(1) Collect and examine samples of pesticides or devices;

18346

(2) Specify classes of devices that shall be subject to this	18347
chapter;	18348

(3) Prescribe other necessary registration information.

18349

(F) The director may adopt rules that do either or both of	18350
the following:	18351

(1) Designate, in addition to those restricted uses so	18352
classified by the administrator of the United States environmental	18353
protection agency, restricted uses of pesticides for the state or	18354
for designated areas within the state and, if the director	18355
considers it necessary, to further restrict such use;	18356

(2) Define what constitutes "acting under the instructions	18357
and control of a commercial applicator" as used in the definition	18358
of "direct supervision" in division (Q)(1) of section 921.01 of	18359
the Revised Code. In adopting a rule under division (F)(2) of this	18360
section, the director shall consider the factors associated with	18361
the use of pesticide in the various pesticide-use categories.	18362
Based on consideration of the factors, the director may define	18363
"acting under the instructions and control of a commercial	18364
applicator" to include communications between a commercial	18365
applicator and a trained serviceperson that are conducted via	18366
landline telephone or a means of wireless communication. Any rules	18367
adopted under division (F)(2) of this section shall be drafted in	18368
consultation with representatives of the pesticide industry.	18369

(G) Except as provided in division (D) of this section, the	18370
director shall not adopt any rule under this chapter that is	18371
inconsistent with the requirements of the federal act and	18372
regulations adopted thereunder.	18373

(H) The director, after notice and opportunity for hearing,	18374
may declare as a pest any form of plant or animal life, other than	18375
human beings and other than bacteria, viruses, and other	18376
microorganisms on or in living human beings or other living	18377
animals, that is injurious to health or the environment.	18378

(I) The director may make reports to the United States	18379
environmental protection agency, in the form and containing the	18380
information the agency may require.	18381

(J) The director shall adopt rules for the application, use,	18382
storage, and disposal of pesticides if, in the director's	18383
judgment, existing programs of the United States environmental	18384
protection agency necessitate such rules or pesticide labels do	18385
not sufficiently address issues or situations identified by the	18386
department of agriculture or interested state agencies.	18387

(K) The director shall adopt rules establishing all of the	18388
following:	18389

(1) Standards, requirements, and procedures for the	18390
examination and re-examination of commercial applicators and	18391
private applicators;	18392

(2) With respect to training programs that the director may	18393
require commercial applicators and private applicators to	18394
complete:	18395

(a) Standards and requirements that a training program must	18396
satisfy in order to be offered by the director or the director's	18397
representative or in order to be approved by the director if a	18398
third party wishes to offer it;	18399

(b) Eligibility standards and requirements that must be	18400
satisfied by third parties who wish to provide the training	18401
programs;	18402

(c) Procedures that third parties must follow in order to	18403
submit a proposed training program to the director for approval;	18404

(d) Criteria that the director must consider when determining	18405
whether to authorize a commercial applicator or private applicator	18406
to participate in a training program instead of being required to	18407
pass a re-examination.	18408

(3) Training requirements for a trained serviceperson.

18409

(L) The director shall adopt all rules under this chapter in	18410
accordance with Chapter 119. of the Revised Code.	18411

Sec. 921.22. The pesticide, fertilizer, and lime program	18412
fund is hereby created in the state treasury. ~~The portion of the~~	18413
~~money in the fund that is collected under this chapter shall be~~	18414
~~used to carry out the purposes of this chapter. The portion of the~~	18415
~~money in the fund that is collected under section 927.53 of the~~	18416
~~Revised Code shall be used to carry out the purposes specified in~~	18417
~~that section, the portion of the money in the fund that is~~	18418
~~collected under section 927.69 of the Revised Code shall be used~~	18419
~~to carry out the purposes specified in that section, and the~~	18420
~~portion of the money in the fund that is collected under section~~	18421
~~927.701 of the Revised Code shall be used to carry out the~~	18422
~~purposes of that section.~~ The fund shall consist of ~~fees collected~~	18423
~~under sections 921.01 to 921.15, division (F) of section 927.53,~~	18424
~~and section 927.69 of the Revised Code, money collected under~~	18425
~~section 927.701~~money credited to it under this chapter and	18426
Chapter 905. of the Revised Code,and rules adopted under them and	18427
all fines, penalties, costs, and damages, except court costs, that	18428
are collected by either the director of agriculture or the	18429
attorney general in consequence of any violation of ~~this chapter~~	18430
those chapters or rules adopted under them. The director shall use	18431
money in the fund to administer and enforce those chapters and	18432
rules adopted under them.	18433

The director shall keep accurate records of all receipts into	18434
and disbursements from the fund and shall prepare, and provide	18435
upon request, an annual report classifying the receipts and	18436
disbursements that pertain to pesticides, fertilizers, or lime.	18437

Sec. 921.27. (A) If the director of agriculture has	18438
reasonable cause to believe that a pesticide or device is being	18439
distributed, stored, transported, or used in violation of this	18440
chapter or of any rules, it shall be subject to seizure on	18441
complaint of the director to a court of competent jurisdiction in	18442
the locality in which the pesticide or device is located.	18443

(B) If the article is condemned, it shall, after entry or	18444
decree, be disposed of by destruction or sale as the court may	18445
direct and the proceeds, if the article is sold, less legal costs,	18446
shall be paid to the pesticide, fertilizer, and lime program fund	18447
created in section 921.22 of the Revised Code. The article shall	18448
not be sold contrary to this section. Upon payment of costs and	18449
execution and delivery of a good and sufficient bond conditioned	18450
that the article shall not be disposed of unlawfully, the court	18451
may direct that the article be delivered to the owner thereof for	18452
relabeling or reprocessing.	18453

Sec. 921.29. Fines, penalties, costs, and damages assessed	18454
against a person in consequence of violations of this chapter, as	18455
provided in this chapter or any other section of the Revised Code,	18456
shall be a lien in favor of the state upon the real and personal	18457
property of the person, upon the filing of a judgment or an order	18458
of the director of agriculture with the county in which the real	18459
and personal property is located. The real and personal property	18460
of the person shall be liable to execution for the fines,	18461
penalties, costs, and damages by the attorney general, who shall	18462
deposit any proceeds from an execution upon the property in the	18463
pesticide, fertilizer, and lime program fund created in section	18464
921.22 of the Revised Code.	18465

Sec. 923.44. (A)(1) Except as otherwise provided in	18466
divisions (A)(2), (3), and (4) of this section, the first	18467
distributor of a commercial feed shall pay the director of	18468
agriculture a semiannual inspection fee at the rate of twenty-five	18469
cents per ton, with a minimum payment of twenty-five dollars, on	18470
all commercial feeds distributed by the first distributor in this	18471
state.	18472

(2) The semiannual inspection fee required under division	18473
(A)(1) of this section shall not be paid by the first distributor	18474
of a commercial feed if the distribution is made to an exempt	18475
buyer who shall be responsible for the fee. The director shall	18476
establish an exempt list consisting of those buyers who are	18477
responsible for the fee.	18478

(3) The semiannual inspection fee shall not be paid on a	18479
commercial feed if the fee has been paid by a previous	18480
distributor.	18481

(4) The semiannual inspection fee shall not be paid on	18482
customer-formula feed if the fee has been paid on the commercial	18483
feeds that are used as components in that customer-formula feed.	18484

(B) Each distributor or exempt buyer who is required to pay a	18485
fee under division (A)(1) or (2) of this section shall file a	18486
semiannual statement with the director that includes the number of	18487
net tons of commercial feed distributed by the distributor or	18488
exempt buyer in this state, within thirty days after the thirtieth	18489
day of June and within thirty days after the thirty-first day of	18490
December, respectively, of each calendar year.	18491

The inspection fee at the rate stated in division (A)(1) of	18492
this section shall accompany the statement. For a tonnage report	18493
that is not filed or payment of inspection fees that is not made	18494
within fifteen days after the due date, a penalty of ten per cent	18495
of the amount due, with a minimum penalty of fifty dollars shall	18496
be assessed against the distributor or exempt buyer. The amount of	18497
fees due, plus penalty, shall constitute a debt and become the	18498
basis of a judgment against the distributor or exempt buyer.	18499

(C) No information furnished under this section shall be	18500
disclosed by an employee of the department of agriculture in such	18501
a way as to divulge the operation of any person required to make	18502
such a report.	18503

(D) All money collected under this section shall be credited	18504
to the commercial feed and seed fund created in section 923.46 of	18505
the Revised Code.	18506

Sec. 923.46. ~~All moneys collected by the director of~~	18507
~~agriculture under sections 923.41 to 923.55 of the Revised Code~~	18508
~~shall be deposited into the state treasury to the credit of the~~	18509
The commercial feed~~, fertilizer,~~and seed~~, and lime inspection and~~	18510
~~laboratory~~ fund is hereby created in ~~section 905.38~~the state	18511
treasury. The fund shall consist of money credited to it under	18512
this chapter and Chapter 907. of the Revised Code.	18513

The director shall ~~prepare and provide a report concerning~~	18514
~~the fund in accordance with section 905.381 of the Revised Code~~	18515
keep accurate records of all receipts into and disbursements from	18516
the fund and shall prepare, and provide upon request, an annual	18517
report classifying the receipts and disbursements that pertain to	18518
commercial feed or seed.	18519

Sec. 927.51. As used in sections 927.51 to ~~927.74~~927.73 of	18520
the Revised Code:	18521

(A) "Collected plant" means any plant dug or gathered from	18522
any wood lot, field, forest, or any other location in which such a	18523
plant is found growing in its native habitat.	18524

(B) "Collector" means any person who collects, for sale,	18525
plants from wood lots, fields, forests, or other native habitat.	18526

(C) "Dealer" means any person other than a nurseryman who	18527
offers for sale, sells, or distributes nursery stock, either	18528
exclusively or in connection with other merchandise, in or from	18529
any nursery, store, sales ground, stand, lot, truck, railway car,	18530
or other vehicle. "Dealer" includes any landscaper who sells or	18531
offers for sale nursery stock as a part of a grounds improvement	18532
project ~~which~~that may involve the installation of such plants.	18533

(D) "Hardy," when applied to plants and bulbs, whether wild	18534
or cultivated, means capable of surviving the normal winter	18535
temperatures of this state.	18536

(E) "Host" means any plant or plant product from which any	18537
pest derives its food supply, or upon which it depends for its	18538
well being or to complete any part of its life cycle.	18539

(F) "Infested" means containing or harboring one or more	18540
pests or infected with one or more pests.	18541

(G) "Nursery" means any grounds or premises on or in which	18542
nursery stock is propagated or grown for sale.	18543

(H) "Nurseryman" means a person who owns, leases, manages, or	18544
is in charge of a nursery.	18545

(I) "Nursery stock" means:

18546

(1) Any hardy tree, shrub, plant, or bulb, whether wild or	18547
cultivated, except turfgrass, and any cutting, graft, scion, or	18548
bud thereof;	18549

(2) Any nonhardy plant, or plant part, ~~which~~that is to be	18550
offered for sale in any state ~~which~~that requires inspection and	18551
certification of ~~such~~the plant or plant part as a condition of	18552
entrance therein.	18553

(J) "Person" means any corporation, company, society,	18554
association, partnership, individual or combination of	18555
individuals, institution, park, or any public agency administered	18556
by the state or any subdivision of the state.	18557

(K) "Pest" means any insect, mite, nematode, bacteria,	18558
fungus, virus, parasitic plant, or any other organism or any stage	18559
of any such organism ~~which~~that causes, or is capable of causing,	18560
injury, disease, or damage to any plant, plant part, or plant	18561
product.	18562

(L) "Place of business" means each separate location from	18563
which nursery stock is sold, offered for sale, or distributed.	18564

(M) "Intensive production area" means a place where nursery	18565
stock is propagated or grown using greenhouses, liner beds, lath	18566
beds, or containers.	18567

(N) "Nonintensive production area" means any place where	18568
nursery stock is propagated or grown as field stock.	18569

(O) "Forced floral plants" means plants with desirable flower	18570
characteristics in which the bloom is artificially induced at an	18571
unnatural time of the year.	18572

Sec. 927.52. (A) The director of agriculture shall adopt and	18573
enforce any rules that are necessary to carry out sections 927.51	18574
to ~~927.74~~927.73 of the Revised Code.	18575

(B) The director may revoke, suspend, or refuse to issue any	18576
nursery certificate or dealer's license for any violation of	18577
sections 927.51 to 927.71 of the Revised Code, or of any rules	18578
adopted under those sections.	18579

(C) The director may publish reports describing nursery	18580
inspection and pest control operations authorized by sections	18581
927.51 to 927.71 of the Revised Code.	18582

Sec. 927.53. (A) Each collector or dealer who sells, offers,	18583
or exposes for sale, or distributes nursery stock within this	18584
state, or ships nursery stock to other states, shall pay an annual	18585
license fee of ~~fifty~~one hundred twenty-five dollars to the	18586
director of agriculture for each place of business the collector	18587
or dealer operates.	18588

(B)(1) Each dealer shall furnish the director, annually, an	18589
affidavit that the dealer will buy and sell only nursery stock	18590
which has been inspected and certified by an official state or	18591
federal inspector.	18592

(2) Each dealer's license expires on the thirty-first day of	18593
December of each year. Each licensed dealer shall apply for	18594
renewal of the dealer's license prior to the first day of January	18595
of each year and in accordance with the standard renewal procedure	18596
of sections 4745.01 to 4745.03 of the Revised Code.	18597

(C) Each licensed nurseryperson shall post conspicuously in	18598
the nurseryperson's principal place of business, the certificate	18599
which is issued to the nurseryperson in accordance with section	18600
927.61 of the Revised Code.	18601

(D) Each licensed nurseryperson, or dealer, shall post	18602
conspicuously in each place of business, each certificate or	18603
license which is issued to the nurseryperson or dealer in	18604
compliance with this section or section 927.61 of the Revised	18605
Code.	18606

(E)(1) Each nurseryperson who produces, sells, offers for	18607
sale, or distributes woody nursery stock within the state, or	18608
ships woody nursery stock to other states, shall pay to the	18609
director an annual inspection fee of ~~fifty~~one hundred dollars	18610
plus ~~four~~eleven dollars per acre, or fraction thereof, of growing	18611
nursery stock in intensive production areas and ~~two~~seven dollars	18612
per acre, or fraction thereof, of growing nursery stock in	18613
nonintensive production areas, as applicable.	18614

(2) Each nurseryperson who limits production and sales of	18615
nursery stock to brambles, herbaceous, perennial, and other	18616
nonwoody plants, shall pay to the director an inspection fee of	18617
~~thirty~~one hundred dollars, plus ~~four~~eleven dollars per acre, or	18618
fraction thereof, of growing nursery stock in intensive and	18619
nonintensive production areas.	18620

(F) ~~On and after the effective date of this amendment, the~~	18621
~~following additional fees shall be assessed:~~	18622

~~(1) Each collector or dealer who pays a fee under division~~	18623
~~(A) of this section shall pay an additional fee of twenty-five~~	18624
~~dollars.~~	18625

~~(2) Each nurseryperson who pays fees under division (E)(1) of~~	18626
~~this section shall pay additional fees as follows:~~	18627

~~(a) Fifteen dollars for the inspection fee;~~

18628

~~(b) Fifty cents per acre, or fraction thereof, of growing~~	18629
~~nursery stock in intensive production areas;~~	18630

~~(c) One dollar and fifty cents per acre, or fraction thereof,~~	18631
~~of growing nursery stock in nonintensive production areas.~~	18632

~~(3) Each nursery person who pays fees under division (E)(2)~~	18633
~~of this section shall pay additional fees as follows:~~	18634

~~(a) Thirty-five dollars for the inspection fee;~~

18635

~~(b) Fifty cents per acre, or fraction thereof, of growing~~	18636
~~stock in intensive and nonintensive production areas.~~The	18637

~~The~~ fees collected under ~~division (F) of~~ this section shall	18638
be ~~deposited into the state treasury~~credited to the ~~credit of the~~	18639
~~pesticide~~plant pest program fund created in ~~Chapter 921.~~section	18640
927.54 of the Revised Code. ~~Moneys so credited to the fund shall~~	18641
~~be used to pay the costs incurred by the department of agriculture~~	18642
~~in administering this chapter, including employing a minimum of~~	18643
~~two additional inspectors.~~	18644

Sec. 927.54. The plant pest program fund is hereby created in	18645
the state treasury. The fund shall consist of money credited to it	18646
under this chapter and any rules adopted under it. The director of	18647
agriculture shall use money in the fund to administer this	18648
chapter.	18649

The director shall keep accurate records of all receipts into	18650
and disbursements from the fund and shall prepare, and provide	18651
upon request, an annual report classifying the receipts and	18652
disbursements that pertain to plant pests.	18653

Sec. 927.56. (A) Each nurseryman, dealer, or collector of	18654
nursery stock, who resides in or has his principal place of	18655
business in another state and who sends nursery stock into this	18656
state without having a bona fide order in advance for all such	18657
nursery stock, shall obtain the same license ~~which~~that is	18658
required by section 927.53 of the Revised Code.	18659

(B) The director of agriculture may enter into such	18660
reciprocal contracts and agreements as hethe director determines	18661
proper and expedient, with the proper authorities of other states	18662
or of the federal government to regulate the shipment, sale, and	18663
distribution of nursery stock in this state by persons residing in	18664
or located in another state, in accordance with sections 927.51 to	18665
~~927.74, inclusive,~~927.73 of the Revised Code.	18666

Sec. 927.69. To effect the purpose of sections 927.51 to	18667
~~927.74~~927.73 of the Revised Code, the director of agriculture or	18668
the director's authorized representative may:	18669

(A) Make reasonable inspection of any premises in this state	18670
and any property therein or thereon;	18671

(B) Stop and inspect in a reasonable manner, any means of	18672
conveyance moving within this state upon probable cause to believe	18673
it contains or carries any pest, host, commodity, or other article	18674
that is subject to sections 927.51 to 927.72 of the Revised Code;	18675

(C) Conduct inspections of agricultural products that are	18676
required by other states, the United States department of	18677
agriculture, other federal agencies, or foreign countries to	18678
determine whether the products are infested. If, upon making such	18679
an inspection, the director or the director's authorized	18680
representative determines that an agricultural product is not	18681
infested, the director or the director's authorized representative	18682
may issue a certificate, as required by other states, the United	18683
States department of agriculture, other federal agencies, or	18684
foreign countries, indicating that the product is not infested.	18685

If the director charges fees for any of the certificates,	18686
agreements, or inspections specified in this section, the fees	18687
shall be as follows:	18688

(1) Phyto sanitary certificates, twenty-five dollars for	18689
those collectors or dealers that are licensed under section 927.53	18690
of the Revised Code;	18691

(2) Phyto sanitary certificates, one hundred dollars for all	18692
others;	18693

(3) Compliance agreements, ~~twenty~~forty dollars;

18694

~~(3) Solid wood packing certificates, twenty dollars;~~

18695

(4) Agricultural products and their conveyances inspections,	18696
an amount equal to the hourly rate of pay in the highest step in	18697
the pay range, including fringe benefits, of a plant pest control	18698
specialist multiplied by the number of hours worked by such a	18699
specialist in conducting an inspection.	18700

The director may adopt rules under section 927.52 of the	18701
Revised Code that define the certificates, agreements, and	18702
inspections.	18703

The fees shall be ~~deposited into the state treasury~~credited	18704
to the ~~credit of the pesticide~~plant pest program fund created in	18705
~~Chapter 921.~~section 927.54 of the Revised Code. ~~Money credited to~~	18706
~~the fund shall be used to pay the costs incurred by the department~~	18707
~~of agriculture in administering this chapter, including employing~~	18708
~~a minimum of two additional inspectors.~~	18709

Sec. 927.70. (A) No person shall knowingly permit any plant	18710
pest ~~which~~that has been determined to be destructive or	18711
dangerously harmful by the director of agriculture, in compliance	18712
with procedures required by division (A) of section 927.52 of the	18713
Revised Code, to exist in or on ~~his~~the person's premises.	18714

(B) Whenever the director or ~~his~~the director's authorized	18715
representative finds any article or commodity to be infested or	18716
has reason to believe it to be infested, or finds that a host or	18717
pest exists on any premises, or is in transit in this state, he	18718
the director may:	18719

(1) Upon giving notice to the owner or ~~his~~the owner's agent	18720
in possession thereof, seize, quarantine, treat, or otherwise	18721
dispose of ~~such~~the pest, host, article, or commodity in such	18722
manner as hethe director determines necessary to suppress,	18723
control, eradicate, or to prevent or retard the spread of a pest;	18724

(2) Order ~~such~~the owner or agent to so treat or otherwise	18725
dispose of the pest, host, article, or commodity.	18726

(C) If the owner or person in charge of ~~such~~the premises	18727
refuses or neglects to carry out the orders of the director within	18728
seven days after receiving written notice, the director may treat	18729
the premises; treat or destroy the infested plants or plant	18730
material; or apply any other preventive or remedial measure ~~which~~	18731
hethat the director determines necessary. The expense of any such	18732
preventative or remedial measures shall be assessed, collected,	18733
and enforced, as taxes are assessed, collected, and enforced,	18734
against the premises upon which ~~such~~the expense was incurred. The	18735
amount of ~~such~~the expense when collected shall be ~~paid to the~~	18736
~~director and by him deposited with the treasurer of state~~credited	18737
to the plant pest program fund created in section 927.54 of the	18738
Revised Code.	18739

Sec. 927.701. (A) As used in this section, "gypsy moth"	18740
means the live insect, Lymantria dispar, in any stage of	18741
development.	18742

(B) The director of agriculture may establish a voluntary	18743
gypsy moth suppression program under which a landowner may request	18744
that the department of agriculture have the landowner's property	18745
aerially sprayed to suppress the presence of gypsy moths in	18746
exchange for payment from the landowner of a portion of the cost	18747
of the spraying. To determine the ~~amount of payment that is due~~	18748
~~from a landowner~~total cost per acre, the department ~~first~~ shall	18749
~~determine the projected cost per acre to the department of gypsy~~	18750
~~moth suppression activities for the year in which the landowner's~~	18751
~~request is made. The cost shall be calculated by determining the~~	18752
~~total expense of aerial spraying for gypsy moths to be incurred by~~	18753
~~the department in that year divided by the total number of acres~~	18754
~~proposed to be sprayed in that year. With respect to a landowner~~	18755
add the per-acre cost of the product selected by the landowner to	18756
suppress gypsy moths and the per-acre cost of applying the product	18757
as determined by the director in rules. To determine the aggregate	18758
total cost, the department shall multiply the total cost per acre	18759
by the number of acres that the landowner requests to be sprayed.	18760
The department shall add to that amount any administrative costs	18761
that it incurs in billing the landowner and collecting payment.	18762
~~The amount that the landowner shall pay to the department shall~~	18763
~~not exceed fifty per cent of the resulting amount.~~The portion of	18764
the cost that is assessed to the landowner, if any, shall be	18765
determined by the funding that is allocated to the department by	18766
the federal and state gypsy moth suppression programs.	18767

(C) The director shall adopt rules under Chapter 119. of the	18768
Revised Code to establish procedures under which a landowner may	18769
make a request under division (B) of this section, to establish	18770
the per-acre cost of applying product to suppress gypsy moths, and	18771
to establish provisions governing agreements between the	18772
department and landowners concerning gypsy moth suppression	18773
together with any other provisions that the director considers	18774
appropriate to administer this section.	18775

(D) The director shall deposit all money collected under this	18776
section ~~into the state treasury~~ to the credit of the ~~pesticide~~	18777
plant pest program fund created in ~~Chapter 921.~~section 927.54 of	18778
the Revised Code. Money credited to the fund under this section	18779
shall be used for the suppression of gypsy moths in accordance	18780
with this section.	18781

Sec. 927.71. (A) The director of agriculture, in accordance	18782
with Chapter 119. of the Revised Code, may quarantine:	18783

(1) This state or any portion thereof when hethe director	18784
determines that such action is necessary to prevent or retard the	18785
spread of a pest into, within, or from this state;	18786

(2) Any other state or portion thereof when hethe director	18787
determines that a pest exists therein and that such action is	18788
necessary to prevent or retard its spread into this state.	18789

(B) The director may limit the application of a quarantine to	18790
the infested portions of the quarantined area and appropriate	18791
environs, to be known as the regulated area, and may, without	18792
further hearing, extend the regulated area to include additional	18793
portions of the quarantined area either:	18794

(1) Upon publication of a notice to that effect in such	18795
newspapers in the quarantined area as hethe director may select;	18796

(2) Upon written notice to those concerned.

18797

(C) Following establishment of a quarantine, no person shall	18798
move any regulated article described in the quarantine, or move	18799
the pest against which the quarantine is established, within,	18800
from, into, or through this state contrary to ~~regulations~~	18801
~~promulgated~~rules adopted by the director without prior permission	18802
or order of the director.	18803

(D) A ~~regulation~~rule may restrict the movement of a pest and	18804
any regulated article from the quarantined or regulated area in	18805
this state into or through other parts of this state or other	18806
states and from the quarantine or regulated area in other states	18807
into or through this state and may impose such inspection,	18808
disinfection, certification, permit, or other requirements as the	18809
director determines necessary to effectuate the purpose of	18810
sections 927.51 to ~~927.74, inclusive,~~927.73 of the Revised Code.	18811

Sec. 942.01. As used in sections 942.01 to 942.13 of the	18812
Revised Code:	18813

(A) "Conveyance" means a vehicle, trailer, or compartment	18814
that is used to transport raw rendering material.	18815

(B) "Garbage" means all waste material derived in whole or in	18816
part from the meat of any animal, including fish and poultry, or	18817
other animal material, and other refuse of any character that has	18818
been associated with such waste material resulting from the	18819
handling, preparation, cooking, or consumption of food.	18820

~~(B)~~(C) "Person" means any individual, corporation,	18821
partnership, association, society, company, firm, or other legal	18822
entity.	18823

~~(C)~~(D) "Raw rendering material" has the same meaning as in	18824
section 953.21 of the Revised Code.	18825

(E) "Treated garbage" means any edible garbage for	18826
consumption by swine that has been heated at boiling point while	18827
being agitated, except in steam cooking equipment, to ensure that	18828
the garbage is heated throughout for thirty minutes under the	18829
supervision of a person licensed pursuant to section 942.02 of the	18830
Revised Code.	18831

Sec. 942.02. (A) No person shall feed on ~~his~~the person's	18832
premises, or permit the feeding of, treated garbage to swine	18833
without a license to do so issued by the department of	18834
agriculture.	18835

(B) An application for a license to feed treated garbage	18836
shall be made in writing on a form prescribed by the director of	18837
agriculture.	18838

(C) A license shall be renewed before the thirty-first day of	18839
December of each year, and an application for renewal shall be	18840
filed before the thirtieth day of November of each year.	18841

(D) The fee for the license shall be ~~fifty~~one hundred	18842
dollars per annum. A late fee of fifty dollars shall be paid for	18843
each application that is received after the thirtieth day of	18844
November each year.	18845

(E) All money collected under this section shall be credited	18846
to the animal and consumer analytical laboratory fund created in	18847
section 901.43 of the Revised Code.	18848

Sec. 942.06. (A) Equipment used for handling garbage,	18849
except for the containers in which the garbage is treated, and	18850
conveyances shall not subsequently be used in the feeding of swine	18851
unless first cleaned and disinfected in accordance with directions	18852
on the labels of one of the following disinfectants approved by	18853
the "Federal Insecticide, Fungicide and Rodenticide Act," 61 Stat.	18854
163 (1947), 7 U.S.C.A. 136, as amended:	18855

(1) A registered brand of sodium orthophenylphenate;

18856

(2) A registered cresylic disinfectant, provided that the	18857
conditions set forth under 9 C.F.R. 71.10 and 77.11 are met;	18858

(3) Disinfectants with tuberculocidal claims and labeled as	18859
efficacious against any species within the viral genus herpes.	18860

(B) Treated or untreated garbage that is not fed to swine and	18861
materials associated with such garbage shall be disposed of in a	18862
manner consistent with all applicable federal and state laws and	18863
in an area inaccessible to the swine.	18864

(C) All refuse resulting from feeding treated garbage to	18865
swine, that is not fed to swine shall be disposed of in a manner	18866
so as to prevent the attraction of insects and rodents or the	18867
contamination of adjoining property.	18868

(D) The premises, vehicles, and equipment used in the feeding	18869
of treated garbage to swine shall be subject to inspection by the	18870
department of agriculture during regular business hours. If the	18871
director of agriculture or ~~his~~the director's designee is denied	18872
access to any premises as authorized under this division, hethe	18873
director or the director's designee may apply to any court of	18874
competent jurisdiction for a search warrant authorizing access to	18875
the requested premises. Upon receipt of an application for a	18876
search warrant, the court may issue a search warrant for the	18877
purposes requested.	18878

(E)(1) The owner of the premises, vehicles, and equipment	18879
used in the feeding of treated garbage to swine and licensed	18880
pursuant to section 942.02 of the Revised Code shall be	18881
responsible for cleaning and disinfecting them with no expense to	18882
the department.	18883

(2) The owner of a conveyance is responsible for cleaning and	18884
disinfecting the conveyance with no expense to the department.	18885

Sec. 942.13. This chapter does not apply to ~~any~~either of	18886
the following:	18887

(A) An individual who feeds garbage from ~~his~~the individual's	18888
household to ~~his~~the individual's own animals or ~~to any~~an	18889
individual who only feeds bakery waste, candy waste, eggs,	18890
vegetables, or dairy products to swine;	18891

(B) Rendered products. As used in this division, "rendered	18892
product" means raw rendering material that has been ground and	18893
heated to a minimum temperature of two hundred thirty degrees	18894
Fahrenheit to make products such as animal, poultry, or fish	18895
protein, grease, or tallow.	18896

Sec. 943.01. As used in sections 943.01 to 943.18 of the	18897
Revised Code:	18898

(A) "Animals" or "livestock" means horses, mules, and other	18899
equidae, cattle, sheep, and goats and other bovidae, swine and	18900
other suidae, poultry, alpacas, and llamas.	18901

(B) "Dealer" or "broker" means any person found by the	18902
department of agriculture buying, receiving, selling,	18903
slaughtering, with the exception of those persons designated by	18904
division (B)(1) of section 918.10 of the Revised Code, exchanging,	18905
negotiating, or soliciting the sale, resale, exchange, or transfer	18906
of any animals in an amount of more than two hundred fifty head of	18907
cattle, horses, or other equidae or five hundred head of sheep,	18908
goats, or other bovidae or, swine and other suidae or, poultry,	18909
alpacas, or llamas during any one year. "Dealer" or "broker"	18910
does not mean any of the following:	18911

(1) Any railroad or other carrier transporting animals either	18912
interstate or intrastate;	18913

(2) Any person who by dispersal sale is permanently	18914
discontinuing the business of farming, dairying, breeding,	18915
raising, or feeding animals;	18916

(3) Any person who sells livestock that has been raised from	18917
birth on the premises of the person;	18918

(4) Any person who buys or receives animals for grazing or	18919
feeding purposes at a premises owned or controlled by the person	18920
and sells or disposes of the animals after the minimum grazing or	18921
feeding period of thirty days;	18922

(5) Any person who places livestock in facilities other than	18923
the person's own pursuant to a written agreement for feeding or	18924
finishing, provided that the person retains legal and equitable	18925
title to the livestock during the term of the agreement.	18926

The exemptions set forth in divisions (B)(1) to (5) of this	18927
section are exclusive of those activities requiring licensure	18928
under this chapter, so that a person shall be deemed to be a	18929
dealer or broker or subject to divisions (B)(1) to (5) of this	18930
section, but shall not be, or be subject to, both. No person who	18931
is a licensed dealer or broker and whose license is suspended	18932
shall have livestock or animals exempted pursuant to divisions	18933
(B)(1) to (5) of this section.	18934

(C) "Employee" means any person employed by a dealer or	18935
broker to act in the dealer's or broker's behalf to buy, sell,	18936
exchange, negotiate, or solicit sale or resale of animals in the	18937
dealer's or broker's name.	18938

(D) "Small dealer" means any person found by the department	18939
buying, receiving, selling, slaughtering, with the exception of	18940
those persons designated by division (B)(1) of section 918.10 of	18941
the Revised Code, exchanging, negotiating, or soliciting the sale,	18942
resale, exchange, or transfer of any animals in an amount of two	18943
hundred fifty head or less of cattle, horses, or other equidae or	18944
five hundred head or less of sheep, goats, or other bovidae, swine	18945
or other suidae, poultry, alpacas, or llamas during any one year.	18946

Sec. 943.02. (A) No person shall act as a small dealer,	18947
dealer, or broker without first being licensed. No person shall be	18948
an employee of more than one small dealer, dealer, or broker.	18949
Except as provided in division (B) of this section, no person	18950
holding a license as a small dealer, dealer, or broker shall be an	18951
employee. No employee shall act for any small dealer, dealer, or	18952
broker unless the small dealer, dealer, or broker is licensed, and	18953
has designated the employee to act in ~~his~~the small dealer's,	18954
dealer's, or broker's behalf and has notified the department of	18955
agriculture in ~~his~~the application for license or has given	18956
official notice in writing of the appointment of the employee. The	18957
small dealer, dealer, or broker shall be accountable and	18958
responsible for all contracts pertaining to the purchase,	18959
exchange, or sale of livestock made by the employee. The small	18960
dealer, dealer, or broker who terminates the services of an	18961
employee shall notify the department in writing of the employee's	18962
termination. No person who is a licensed small dealer, dealer, or	18963
broker shall have livestock exempted pursuant to divisions (B)(1)	18964
~~through (5)~~to (6) of section 943.01 of the Revised Code.	18965

(B) A small dealer, dealer, or broker may be an employee of	18966
other small dealers, dealers, or brokers only when hethe small	18967
dealer, dealer, or broker so employed is a soliciting agent for a	18968
video auction.	18969

(C) The director of agriculture shall define by rule	18970
"soliciting agent" and "video auction" for the purposes of this	18971
section.	18972

Sec. 943.031. (A) Application for a license as a small	18973
dealer shall be made in writing to the department of agriculture.	18974
The application shall state the nature of the business, the	18975
municipal corporation or township, county, and post-office address	18976
of the location where the business is to be conducted, the name of	18977
any employee who is authorized to act in the small dealer's	18978
behalf, and any additional information that the department	18979
prescribes.	18980

(B) The applicant shall satisfy the department of the	18981
applicant's character and good faith in seeking to engage in the	18982
business of a small dealer. The department then shall issue to the	18983
applicant a license to conduct the business of a small dealer at	18984
the place named in the application. Licenses, unless revoked,	18985
shall expire annually on the thirty-first day of March and shall	18986
be renewed according to the standard renewal procedure established	18987
in sections 4745.01 to 4745.03 of the Revised Code.	18988

(C) No license shall be issued by the department to a small	18989
dealer having weighing facilities until the applicant has filed	18990
with the department a copy of a scale test certificate showing the	18991
weighing facilities to be in satisfactory condition, a copy of the	18992
license of each weigher employed by the applicant, and a	18993
certificate of inspection by the department showing livestock	18994
market facilities to be in satisfactory sanitary condition.	18995

(D) No licensed small dealer shall employ as an employee a	18996
person who, as a small dealer, dealer, or broker, previously	18997
defaulted on contracts pertaining to the purchase, exchange, or	18998
sale of livestock until the licensee does both of the following:	18999

(1) Appears at a hearing before the director of agriculture	19000
or the director's designee conducted in accordance with Chapter	19001
119. of the Revised Code pertaining to that person;	19002

(2) Signs and files with the director an agreement that	19003
guarantees, without condition, all contracts pertaining to the	19004
purchase, exchange, or sale of livestock made by the person while	19005
in the employ of the licensee. The director shall prescribe the	19006
form and content of the agreement.	19007

(E) A licensed small dealer is not required to maintain	19008
financial responsibility or furnish proof of financial	19009
responsibility.	19010

Sec. 943.04. (A) Fees for the initial issuance of any license	19011
issued pursuant to sections 943.02 ~~and~~, 943.03, and 943.031 of the	19012
Revised Code, shall be paid to the department of agriculture.	19013

(B) All annual renewal fees for ~~such~~the licenses shall be	19014
paid by the applicant for ~~such~~the renewal of a license on or	19015
before the thirty-first day of March of each year to the treasurer	19016
of state. ~~Such~~Except for license fees for small dealers, the fees	19017
shall be based on the number of head of livestock purchased, sold,	19018
or exchanged, in this state, whichever is the greatest, during the	19019
preceding calendar year. ~~Such~~Those fees for dealers or brokers	19020
shall be as follows:	19021

Less than 1,000 head .......... ~~$10.00~~$50.00 per annum;

19022

For 1,001 to 10,000 head .......... ~~$25.00~~$125.00 per annum;

19023

For more than 10,000 head .......... ~~$50.00~~$250.00 per	19024
annum.	19025

In the event a dealer or broker operates more than one place	19026
where livestock is purchased, sold, or exchanged, a fee shall be	19027
paid for each ~~such~~ place;, but only the original purchase, sale,	19028
or exchange shall be counted in computing the amount of the fee to	19029
be paid for each ~~such~~ place operated by ~~such~~the dealer or broker.	19030
Shipment between yards owned or operated by ~~such~~the dealer or	19031
broker shall be exempt.	19032

A late fee of one hundred dollars shall be paid for each	19033
dealer or broker license renewal application that is received	19034
after the thirty-first day of March each year.	19035

(C)(1) A fee of twenty-five dollars shall be paid by each	19036
small dealer.	19037

If a small dealer operates more than one place where	19038
livestock is purchased, sold, or exchanged, a fee shall be paid	19039
for each place, but only the original purchase, sale, or exchange	19040
shall be counted in computing the amount of fee to be paid for	19041
each place operated by the small dealer. Shipment between yards	19042
owned or operated by the small dealer shall be exempt.	19043

(2) A late fee of twenty-five dollars shall be paid for each	19044
small dealer license renewal application that is received after	19045
the thirty-first day of March each year.	19046

(D) A fee of twenty dollars shall be paid by each employee	19047
that is appointed by a small dealer, dealer, or broker as provided	19048
in section 943.02 of the Revised Code.	19049

(E) A fee of ~~five~~ten dollars shall be paid by each licensed	19050
weigher.	19051

(F) All ~~fees and charges~~money collected under section 943.03	19052
of the Revised Code, and under this section shall be ~~paid into the~~	19053
~~state treasury, and shall be~~ credited to the ~~general revenue~~	19054
animal and consumer analytical laboratory fund created in section	19055
901.43 of the Revised Code.	19056

Sec. 943.05. (A) The director of agriculture may refuse to	19057
grant or may suspend a small dealer's, dealer's, or broker's	19058
license, without prior hearing, ~~when he determines~~after	19059
determining from evidence presented to ~~him~~the director that there	19060
is reasonable cause to believe any of the following situations	19061
exist:	19062

(1) Where the applicant or licensee or an employee has	19063
violated the laws of the state or official regulations governing	19064
the interstate or intrastate movement, shipment, or transportation	19065
of animals, or has been convicted of a crime involving moral	19066
turpitude or convicted of a felony;	19067

(2) Where there have been false or misleading statements as	19068
to the health or physical condition of the animals with regard to	19069
official tests or quantity of animals, or the practice of fraud or	19070
misrepresentation in connection therewith or in the buying or	19071
receiving of animals or receiving, selling, exchanging,	19072
soliciting, or negotiating the sale, resale, exchange, weighing,	19073
or shipment of animals;	19074

(3) Where the applicant or licensee acts as a small dealer,	19075
dealer, or broker for a person attempting to conduct business in	19076
violation of section 943.02 of the Revised Code, after the notice	19077
of the violation has been given to the licensee by the department	19078
of agriculture;	19079

(4) Where the applicant or licensee or employee fails to	19080
practice measures of sanitation, disinfection, and inspection as	19081
required by sections 943.01 to 943.18 of the Revised Code, or	19082
prescribed by the department, of premises or vehicles used for the	19083
yarding, holding, or transporting of animals;	19084

(5) Where there has been a failure to keep records required	19085
by the department or where there is a refusal on the part of the	19086
applicant or licensee or employee to produce records of	19087
transactions in the carrying on of the business for which the	19088
license is granted;	19089

(6) Where the applicant or licensee providing weighing	19090
facilities used for, in connection with, or incident to the	19091
purchase or sale of livestock for the account of the licensee or	19092
others, fails to maintain and operate the weighing facilities in	19093
accordance with sections 943.08 and 943.10 of the Revised Code;	19094

(7) Where the applicant or licensee in the conduct of the	19095
business covered by the license fails to maintain and operate	19096
weighing facilities in accordance with sections 943.08 and 943.10	19097
of the Revised Code or fails to cause its livestock to be weighed	19098
by licensed weighers as provided in those sections;	19099

(8) ~~Where~~With regard to a dealer or broker licensee, where	19100
the licensee fails to maintain a bond or deposit, or letter of	19101
credit, if applicable, or fails to adjust the bond or deposit upon	19102
thirty days' notice or refuses or neglects to pay the fees or	19103
inspection charges required to be paid;	19104

(9) Where the licensee has been suspended by order of the	19105
secretary of agriculture of the United States department of	19106
agriculture under provisions of the "Packers and Stockyards Act of	19107
1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended;	19108

(10) ~~Where~~With regard to a dealer or broker licensee, where	19109
the surety company, trustee, or issuer of a letter of credit of	19110
the licensee issues a notice of termination of the licensee's bond	19111
agreement, deposit agreement, or letter of credit.	19112

(B) When the director refuses to grant or suspends a small	19113
dealer's, dealer's, or broker's license, hethe director or ~~his~~	19114
the director's designee may hand deliver the order. The licensee	19115
to whom a suspension order is issued shall be afforded a hearing	19116
in accordance with Chapter 119. of the Revised Code, after which	19117
the director shall reinstate, revoke, or suspend for a longer or	19118
indefinite period the suspended license.	19119

Sec. 943.06. Every small dealer, dealer, and broker licensed	19120
under section 943.03 or 943.031 of the Revised Code, as	19121
applicable, and carrying on or conducting business under ~~such~~that	19122
license, shall post in a conspicuous place in or at the place of	19123
business of ~~such~~the licensee a copy of ~~such~~the license furnished	19124
by the department of agriculture, to be kept so posted and exposed	19125
for inspection by any person.	19126

Sec. 943.07. Each small dealer, dealer, or broker leasing,	19127
renting, operating, or owning livestock yards, pens, premises, or	19128
vehicles in which animals are quartered, fed, held, or	19129
transported, shall have a veterinary inspector approved by the	19130
department of agriculture, inspect, when directed, all such yards,	19131
premises, and vehicles and shall thoroughly and completely	19132
disinfect all such yards, pens, premises, and vehicles under the	19133
direction of the veterinary inspector and as prescribed by the	19134
department. The cost of ~~such~~the inspection and disinfection shall	19135
be borne by ~~such~~the small dealer, dealer, or broker.	19136

The department shall not require such veterinary inspection	19137
of yards, pens, premises, or other facilities where veterinary	19138
inspection is regularly maintained by the United States department	19139
of agriculture, or by the municipal corporation in which the same	19140
are located, or where livestock is transported to markets or	19141
slaughtering establishments where such inspection is maintained.	19142

The department may adopt ~~and promulgate~~ adequate sanitary	19143
requirements covering the construction and maintenance of	19144
buildings, pens, and chutes on all premises regularly used for the	19145
assembling, receiving, handling, feeding, watering, holding,	19146
buying, or selling of livestock, and may prescribe and enforce	19147
rules ~~and regulations~~ for the purpose of carrying into effect	19148
sections 943.01 to 943.18 of the Revised Code. ~~Such~~Those sections	19149
shall not apply to railroads subject to the "Interstate Commerce	19150
Act of 1887," 24 Stat. 379, 49 U.S.C.A. 1.	19151

Sec. 943.13. The department of agriculture shall require	19152
inspection, tests, and treatments necessary to prevent the spread	19153
of diseases of all animals sold or transferred from pens, yards,	19154
premises, or vehicles by ~~brokers or~~small dealers, dealers, or	19155
brokers except when such animals are immediately delivered to a	19156
slaughtering establishment. ~~Such~~The inspection, tests, and	19157
treatments shall be made by a veterinary inspector approved by the	19158
department and shall be made and reported as prescribed by the	19159
department. The fees for ~~such~~that service shall be paid by the	19160
~~broker or~~small dealer, dealer, or broker. This section shall not	19161
apply to a person operating a slaughtering establishment at which	19162
antemortem veterinary inspection is regularly maintained.	19163

The director of agriculture, without a prior hearing, may	19164
revoke the approval of a veterinary inspector. A person to whom an	19165
order of revocation is issued shall be afforded a hearing in	19166
accordance with sections 119.01 to 119.13 of the Revised Code.	19167

Animals sold through a livestock auction market shall be	19168
accompanied by a release as may be prescribed by the department	19169
and issued by the ~~broker or~~small dealer, dealer, or broker. ~~Such~~	19170
The release shall state the date, number and kind of animals	19171
moved, point of origin, and buyer.	19172

Animals sold for slaughter may be identified by an ear tag, a	19173
livestock paint brand, or other prescribed identification,	19174
whenever the department finds such identification necessary.	19175

Operators of livestock auction markets shall furnish and	19176
maintain cattle chutes suitable for restraining animals for	19177
careful inspection and shall provide suitable laboratory space for	19178
the veterinary inspector. All swine pens shall be paved and	19179
maintained so that they can be cleaned and disinfected. All	19180
diseased animals shall be segregated by species and held in	19181
designated pens constructed to facilitate cleaning and	19182
disinfecting.	19183

Sec. 943.14. (A) The department of agriculture or any of its	19184
authorized agents may inspect the records of any licensee or	19185
employee at any time to determine the origin and destination of	19186
any livestock handled by the licensee and to determine if sections	19187
943.01 to 943.18 of the Revised Code, or the rules ~~promulgated~~	19188
adopted thereunder, have been violated.	19189

(B) A small dealer, dealer, or broker, employee, or person	19190
described in division (B)(4) of section 943.01 of the Revised	19191
Code, who acquires or disposes of an animal by any means, shall	19192
make a record of the name and address of the person from whom the	19193
animal was acquired and to whom disposed. The record also shall	19194
show the individual identification of each animal at the time of	19195
acquisition or disposal. These records shall be maintained for a	19196
period of ~~twenty-four~~sixty months or longer from the date of	19197
acquisition or disposal.	19198

(C) The individual identification in division (B) of this	19199
section shall be in a manner or form approved by the department.	19200

(D) A person who is a soliciting agent for a video auction	19201
pursuant to division (B) of section 943.02 of the Revised Code	19202
shall maintain records in a manner or form approved by the	19203
department.	19204

Sec. 943.16. All fines imposed and collected under section	19205
943.99 of the Revised Code, shall be ~~paid to the department of~~	19206
~~agriculture and by it paid into the state treasury~~credited to the	19207
animal and consumer analytical laboratory fund created in section	19208
901.43 of the Revised Code.	19209

Sec. 953.21. As used in this chapter:

19210

(A) "Animal" means any animal, other than ~~man~~a human being,	19211
and includes domestic fowl, wild birds, fish, and reptiles, living	19212
or dead.	19213

(B) "Licensee" means any person who is licensed in accordance	19214
with this chapter.	19215

(C) "Loading platform" means any place operated by a licensee	19216
for loading dead animals, or parts thereof, onto trucks to take	19217
them to a rendering plant or composting facility.	19218

(D) "Person" means any natural person, partnership,	19219
association, or corporation.	19220

(E) "Raw rendering material" means any body, part of a body,	19221
or product of a body of any dead animal that is unwholesome,	19222
condemned, inedible, or otherwise unfit for human consumption.	19223

(F) "Rendering plant" means any premises where raw rendering	19224
materials are converted into fats, oils, feeds, fertilizer, and	19225
other products.	19226

(G) "Composting facility" means any premises, including	19227
~~structure~~structures and equipment, operating in accordance with	19228
rules adopted under section 3734.02 of the Revised Code and used	19229
for the controlled decomposition of organic solid material,	19230
including dead animals, that stabilizes the organic fraction of	19231
the material.	19232

(H) "Conveyance" means a vehicle, trailer, or compartment.

19233

Sec. 953.22. (A) No person shall engage in the business of	19234
disposing of, picking up, rendering, or collecting raw rendering	19235
material or transporting the material to a composting facility	19236
without a license to do so from the department of agriculture.	19237

(B) This chapter does not apply to any of the following:

19238

(1) ~~Operations on any premises that are licensed in~~	19239
~~compliance with Chapter 918. of the Revised Code or are subject to~~	19240
~~federal meat inspection and render only raw rendering material~~	19241
~~that is produced on the premises;~~	19242

~~(2)~~ A farmer who slaughters ~~his~~the farmer's own animals,	19243
raised by ~~him~~the farmer on ~~his~~the farmer's own farm, processes	19244
~~his~~the farmer's own meat therefrom, and disposes of ~~his~~the	19245
farmer's raw rendering material only by delivery to a person	19246
licensed under section 953.23 of the Revised Code;	19247

~~(3)~~(2) A person whose only connection with raw rendering	19248
material is curing hides and skins;	19249

~~(4)~~(3) A person whose only connection with raw rendering	19250
material is operating a pet cemetery;	19251

~~(5)~~(4) A person who is conducting composting, as defined in	19252
section 1511.01 of the Revised Code, in accordance with section	19253
1511.022 of the Revised Code;	19254

(5) A person whose only connection with raw rendering	19255
material is trapping wild animals in accordance with a nuisance	19256
wild animal permit issued by the chief of the division of wildlife	19257
in the department of natural resources under rules adopted	19258
pursuant to section 1531.08 of the Revised Code;	19259

(6) A county dog warden or animal control officer who	19260
transports raw rendering material only for disposal purposes.	19261

Sec. 953.23. (A) Application for a license shall be made to	19262
the department of agriculture on a form prescribed by the	19263
department.	19264

(B) Each application shall include all of the following:

19265

(1) The name and address of the applicant;

19266

(2) The applicant's proposed place of business;

19267

(3) A detailed statement of the method that the applicant	19268
intends to use to dispose of, pick up, render, or collect raw	19269
rendering material or to transport it to a composting facility;	19270

(4) Such other relevant information as the department may	19271
require.	19272

(C) Each applicant shall submit the annual license fee with	19273
~~his~~the application.	19274

(1) The license fee for a person applying for an annual	19275
license to pick up or collect raw rendering material and dispose	19276
of the material to a licensee or in accordance with divisions (B)	19277
and (C) of section 953.26 of the Revised Code, or to transport raw	19278
rendering material to a composting facility, is twenty-five	19279
dollars per conveyance that is used to pick up or collect and	19280
dispose of or to transport raw rendering material. A late fee of	19281
ten dollars per conveyance shall be charged for each application	19282
that is received after the thirtieth day of November each year.	19283

(2) The license fee for a person applying for an annual	19284
license to pick up or collect raw rendering material and to	19285
operate one or more rendering plants is ~~one~~three hundred dollars	19286
for each such plant. A late fee of one hundred dollars shall be	19287
charged for each application that is received after the thirtieth	19288
day of November each year.	19289

(D) On receipt of an application and fee, under this section,	19290
the department shall inspect the means of conveyance and premises	19291
that the applicant proposes to use to dispose of, collect, pick	19292
up, or render raw rendering material or to transport it to a	19293
composting facility for profit.	19294

(E) If the department finds that the applicant's means of	19295
conveyance, premises, and operation meet the requirements of this	19296
chapter and rules adopted thereunder, the department shall issue a	19297
license to the applicant to dispose of, pick up, render, or	19298
collect for profit raw rendering material or to transport it to a	19299
composting facility for profit.	19300

(F) Each license issued under this section shall expire on	19301
the thirty-first day of December of each year. Each person	19302
licensed under this section shall make application for renewal of	19303
~~his~~the person's license no later than the thirtieth day of	19304
November of each year.	19305

(G) Application for renewal shall be in accordance with the	19306
requirements of this section for initial application for a license	19307
and the standard renewal procedure of sections 4745.01 to 4745.03	19308
of the Revised Code.	19309

(H) All money collected under this section shall be credited	19310
to the animal and consumer analytical laboratory fund created in	19311
section 901.43 of the Revised Code.	19312

Sec. 955.201. (A) As used in this section and in section	19313
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	19314
corporation organized by that name under Chapter 1702. of the	19315
Revised Code that consists of humane societies, veterinarians,	19316
animal shelters, companion animal breeders, dog wardens, ~~and~~or	19317
similar individuals and entities.	19318

(B) The Ohio pet fund shall do all of the following:

19319

(1) Establish eligibility criteria for organizations that may	19320
receive financial assistance from the pets program funding board	19321
created in section 955.202 of the Revised Code. Those	19322
organizations may include any of the following:	19323

(a) An animal shelter as defined in section 4729.01 of the	19324
Revised Code;	19325

(b) A local nonprofit veterinary association that operates a	19326
program for the sterilization of dogs and cats;	19327

(c) A charitable organization that is exempt from federal	19328
income taxation under subsection 501(c)(3) of the Internal Revenue	19329
Code and ~~the primary~~a purpose of which is to support programs for	19330
the sterilization of dogs and cats and educational programs	19331
concerning the proper veterinary care of those animals.	19332

(2) Establish procedures for applying for financial	19333
assistance from the pets program funding board. Application	19334
procedures shall require eligible organizations to submit detailed	19335
proposals that outline the intended uses of the moneys sought.	19336

(3) Establish eligibility criteria for sterilization and	19337
educational programs for which moneys from the pets program	19338
funding board may be used and, consistent with division (C) of	19339
this section, establish eligibility criteria for individuals who	19340
seek sterilization for their dogs and cats from eligible	19341
organizations;	19342

(4) Establish procedures for the disbursement of moneys the	19343
pets program funding board receives from license plate	19344
contributions pursuant to division (C) of section 4503.551 of the	19345
Revised Code;	19346

(5) Advertise or otherwise provide notification of the	19347
availability of financial assistance from the pets program funding	19348
board for eligible organizations;	19349

(6) Design markings to be inscribed on "pets" license plates	19350
under section 4503.551 of the Revised Code.	19351

(C)(1) The owner of a dog or cat is eligible for dog or cat	19352
sterilization services from an eligible organization when those	19353
services are subsidized in whole or in part by money from the pets	19354
program funding board if any of the following applies:	19355

(a) The income of the owner's family does not exceed one	19356
hundred fifty per cent of the federal poverty guideline.	19357

(b) The owner, or any member of the owner's family who	19358
resides with the owner, is a recipient or beneficiary of one of	19359
the following government assistance programs:	19360

(i) Low-income housing assistance under the "United States	19361
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	19362
federal section 8 housing program;	19363

(ii) The Ohio works first program established by Chapter	19364
5107. of the Revised Code;	19365

(iii) Title XIX of the "Social Security Act," 49 Stat. 620	19366
(1935), 42 U.S.C.A. 301, as amended, known as the medical	19367
assistance program or medicaid, provided by the department of job	19368
and family services under Chapter 5111. of the Revised Code;	19369

(iv) A program or law administered by the United States	19370
department of veterans' affairs or veterans' administration for	19371
any service-connected disability;	19372

(v) The ~~food stamp~~supplemental nutrition assistance program	19373
established under the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91~~	19374
~~Stat. 958,~~2008 ( 7 U.S.C.A. 2011~~, as amended,~~et seq.)	19375
administered by the department of job and family services under	19376
section 5101.54 of the Revised Code;	19377

(vi) The "special supplemental nutrition program for women,	19378
infants, and children" established under the "Child Nutrition Act	19379
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	19380
by the department of health under section 3701.132 of the Revised	19381
Code;	19382

(vii) Supplemental security income under Title XVI of the	19383
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	19384
amended;	19385

(viii) Social security disability insurance benefits provided	19386
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	19387
42 U.S.C.A. 401, as amended.	19388

(c) The owner of the dog or cat submits to the eligible	19389
organization operating the sterilization program either of the	19390
following:	19391

(i) A certificate of adoption showing that the dog or cat was	19392
adopted from a licensed animal shelter, a municipal, county, or	19393
regional pound, or a holding and impoundment facility that	19394
contracts with a municipal corporation;	19395

(ii) A certificate of adoption showing that the dog or cat	19396
was adopted through a nonprofit corporation operating an animal	19397
adoption referral service whose holding facility, if any, is	19398
licensed in accordance with state law or a municipal ordinance.	19399

(2) The Ohio pet fund shall determine the type of documentary	19400
evidence that must be presented by the owner of a dog or cat to	19401
show that the income of the owner's family does not exceed one	19402
hundred fifty per cent of the federal poverty guideline or that	19403
the owner is eligible under division (C)(1)(b) of this section.	19404

(D) As used in division (C) of this section, "federal poverty	19405
guideline" means the official poverty guideline as revised	19406
annually by the United States department of health and human	19407
services in accordance with section 673(2) of the "Omnibus Budget	19408
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	19409
amended, for a family size equal to the size of the family of the	19410
person whose income is being determined.	19411

Sec. 1321.20. (A) Every person licensed or registered under	19412
this chapter shall pay to the superintendent of financial	19413
institutions, prior to the last day of June, an annual license or	19414
certificate of registration fee. On or about the fifteenth day of	19415
April of each year, the superintendent shall determine the license	19416
or certificate fees to be charged, pursuant to sections 1321.03,	19417
1321.05, ~~1321.53,~~ and 1321.73 of the Revised Code. Such	19418
determination shall be made by dividing the appropriation for the	19419
consumer finance section of the division of financial institutions	19420
for the current fiscal year by the number of licenses and	19421
certificates issued as of the date of the computation. In no event	19422
shall the amount of the fee exceed three hundred dollars, except	19423
that the maximum fee which may be charged insurance premium	19424
finance companies licensed under section 1321.73 of the Revised	19425
Code shall not exceed three hundred seventy-five dollars. Prior to	19426
the first day of June of each year, the superintendent shall	19427
inform each person licensed or registered under this chapter of	19428
the amount of the license or certificate fee for the succeeding	19429
fiscal year as determined by this section.	19430

(B)(1) Each person licensed under Chapter 4727. of the	19431
Revised Code who is subject to annual license renewal under	19432
division (E)(1) of section 4727.03 of the Revised Code shall,	19433
prior to the last day of June, pay to the superintendent a fee	19434
equal to twice the amount of the fee determined by the	19435
superintendent pursuant to division (A) of this section. However,	19436
in no event shall the amount of the fee exceed three hundred	19437
dollars.	19438

(2) Each person licensed under Chapter 4727. of the Revised	19439
Code who is subject to biennial license renewal under division	19440
(E)(2) of section 4727.03 of the Revised Code shall, prior to the	19441
date the license expires, pay to the superintendent a fee equal to	19442
four times the amount of the fee determined by the superintendent	19443
pursuant to division (A) of this section. However, in no event	19444
shall the amount of the fee exceed six hundred dollars.	19445

(C) The fee for a license or certificate issued pursuant to	19446
Chapter 1321., 4727., or 4728. of the Revised Code after the first	19447
day of January of the year the license or certificate expires	19448
shall be equal to one-half the amount determined according to	19449
divisions (A) and (B) of this section or in accordance with	19450
section 4728.03 of the Revised Code.	19451

(D) If the renewal fees billed by the superintendent pursuant	19452
to divisions (A) and (B) of this section are less than the	19453
estimated expenditures of the consumer finance section of the	19454
division of financial institutions, as determined by the	19455
superintendent, for the following fiscal year, the superintendent	19456
may assess each person licensed pursuant to section 1321.04 or	19457
~~registered pursuant to section 1321.53~~ of the Revised Code at a	19458
rate sufficient to equal in the aggregate the difference between	19459
the renewal fees billed and the estimated expenditures. Each	19460
person shall pay the assessed amount to the superintendent prior	19461
to the last day of June. In no case shall the assessment exceed	19462
ten cents per each one hundred dollars of interest (excluding	19463
charge-off recoveries), points, loan origination charges, and	19464
credit line charges collected by that person during the previous	19465
calendar year. If an assessment is imposed under this division, it	19466
shall not be less than two hundred fifty dollars per licensee or	19467
registrant and shall not exceed thirty thousand dollars less the	19468
total renewal fees paid pursuant to division (A) of this section	19469
by each licensee or registrant.	19470

Sec. 1321.51. As used in sections 1321.51 to 1321.60 of the	19471
Revised Code:	19472

(A) "Person" means an individual, partnership, association,	19473
trust, corporation, or any other legal entity.	19474

(B) "Certificate" means a certificate of registration issued	19475
under sections 1321.51 to 1321.60 of the Revised Code.	19476

(C) "Registrant" means a person to whom one or more	19477
certificates of registration have been issued under sections	19478
1321.51 to 1321.60 of the Revised Code.	19479

(D) "Principal amount" means the amount of cash paid to, or	19480
paid or payable for the account of, the borrower, and includes any	19481
charge, fee, or expense that is financed by the borrower at	19482
origination of the loan or during the term of the loan.	19483

(E) "Interest" means all charges payable directly or	19484
indirectly by a borrower to a registrant as a condition to a loan	19485
or an application for a loan, however denominated, but does not	19486
include default charges, deferment charges, insurance charges or	19487
premiums, court costs, loan origination charges, check collection	19488
charges, credit line charges, points, prepayment penalties, or	19489
other fees and charges specifically authorized by law.	19490

(F) "Interest-bearing loan" means a loan in which the debt is	19491
expressed as the principal amount and interest is computed,	19492
charged, and collected on unpaid principal balances outstanding	19493
from time to time.	19494

(G) "Precomputed loan" means a loan in which the debt is a	19495
sum comprising the principal amount and the amount of interest	19496
computed in advance on the assumption that all scheduled payments	19497
will be made when due.	19498

(H) "Actuarial method" means the method of allocating	19499
payments made on a loan between the principal amount and interest	19500
whereby a payment is applied first to the accumulated interest and	19501
the remainder to the unpaid principal amount.	19502

(I) "Applicable charge" means the amount of interest	19503
attributable to each monthly installment period of the loan	19504
contract. The applicable charge is computed as if each installment	19505
period were one month and any charge for extending the first	19506
installment period beyond one month is ignored. In the case of	19507
loans originally scheduled to be repaid in sixty-one months or	19508
less, the applicable charge for any installment period is that	19509
proportion of the total interest contracted for, as the balance	19510
scheduled to be outstanding during that period bears to the sum of	19511
all of the periodic balances, all determined according to the	19512
payment schedule originally contracted for. In all other cases,	19513
the applicable charge for any installment period is that which	19514
would have been made for such period had the loan been made on an	19515
interest-bearing basis, based upon the assumption that all	19516
payments were made according to schedule.	19517

(J) "Broker" means a person who acts as an intermediary or	19518
agent in finding, arranging, or negotiating loans, other than	19519
residential mortgage loans, and charges or receives a fee for	19520
these services.	19521

(K) "Annual percentage rate" means the ratio of the interest	19522
on a loan to the unpaid principal balances on the loan for any	19523
period of time, expressed on an annual basis.	19524

(L) "Point" means a charge equal to one per cent of either of	19525
the following:	19526

(1) The principal amount of a precomputed loan or	19527
interest-bearing loan;	19528

(2) The original credit line of an open-end loan.

19529

(M) "Prepayment penalty" means a charge for prepayment of a	19530
loan at any time prior to five years from the date the loan	19531
contract is executed.	19532

(N) "Refinancing" means a loan the proceeds of which are used	19533
in whole or in part to pay the unpaid balance of a prior loan made	19534
by the same registrant to the same borrower under sections 1321.51	19535
to 1321.60 of the Revised Code.	19536

(O) "Superintendent of financial institutions" includes the	19537
deputy superintendent for consumer finance as provided in section	19538
1181.21 of the Revised Code.	19539

(P)(1) "Mortgage loan originator" means an individual who for	19540
compensation or gain, or in anticipation of compensation or gain,	19541
does any of the following:	19542

(a) Takes or offers to take a residential mortgage loan	19543
application;	19544

(b) Assists or offers to assist a borrower in obtaining or	19545
applying to obtain a residential mortgage loan by, among other	19546
things, advising on loan terms, including rates, fees, and other	19547
costs;	19548

(c) Offers or negotiates terms of a residential mortgage	19549
loan;	19550

(d) Issues or offers to issue a commitment for a residential	19551
mortgage loan to a borrower.	19552

(2) "Mortgage loan originator" does not include any of the	19553
following:	19554

(a) An individual who performs purely administrative or	19555
clerical tasks on behalf of a mortgage loan originator;	19556

(b) A person licensed pursuant to Chapter 4735. of the	19557
Revised Code, or under the similar law of another state, who	19558
performs only real estate brokerage activities permitted by that	19559
license, provided the person is not compensated by a mortgage	19560
lender, mortgage broker, mortgage loan originator, or by any agent	19561
thereof;	19562

(c) A person solely involved in extensions of credit relating	19563
to timeshare plans, as that term is defined in 11 U.S.C. 101, in	19564
effect on January 1, 2008;	19565

(d) A person acting solely as a loan processor or	19566
underwriter, who does not represent to the public, through	19567
advertising or other means of communicating, including the use of	19568
business cards, stationery, brochures, signs, rate lists, or other	19569
promotional items, that the person can or will perform any of the	19570
activities of a mortgage loan originator;	19571

(e) A loan originator licensed under sections 1322.01 to	19572
1322.12 of the Revised Code, when acting solely under that	19573
authority;	19574

(f) A licensed attorney who negotiates the terms of a	19575
residential mortgage loan on behalf of a client as an ancillary	19576
matter to the attorney's representation of the client, unless the	19577
attorney is compensated by a lender, a mortgage broker, or another	19578
mortgage loan originator, or by any agent thereof;	19579

(g) Any person engaged in the retail sale of manufactured or	19580
mobile homes if, in connection with financing those retail sales,	19581
the person only assists the borrower by providing or transmitting	19582
the loan application and does not do any of the following:	19583

(i) Offer or negotiate the residential mortgage loan rates or	19584
terms;	19585

(ii) Provide any counseling with borrowers about residential	19586
mortgage loan rates or terms;	19587

(iii) Receive any payment or fee from any company or	19588
individual for assisting the borrower obtain or apply for	19589
financing to purchase the manufactured or mobile home;	19590

(iv) Assist the borrower in completing the residential	19591
mortgage loan application.	19592

(3) An individual acting exclusively as a servicer engaging	19593
in loss mitigation efforts with respect to existing mortgage	19594
transactions shall not be considered a mortgage loan originator	19595
for purposes of sections 1321.51 to 1321.60 of the Revised Code	19596
until July 1, 2011, if such delay is approved by the United States	19597
department of housing and urban development.	19598

(Q) "Residential mortgage loan" means any loan primarily for	19599
personal, family, or household use that is secured by a mortgage	19600
on a dwelling or on residential real estate upon which is	19601
constructed or intended to be constructed a dwelling. For purposes	19602
of this division, "dwelling" has the same meaning as in the "Truth	19603
in Lending Act," 82 Stat. 146, 15 U.S.C. 1602.	19604

(R) "Nationwide mortgage licensing system and registry" means	19605
a mortgage licensing system developed and maintained by the	19606
conference of state bank supervisors and the American association	19607
of residential mortgage regulators, or their successor entities,	19608
for the licensing and registration of mortgage loan originators,	19609
or any system established by the secretary of housing and urban	19610
development pursuant to the "Secure and Fair Enforcement for	19611
Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101.	19612

(S) "Registered mortgage loan originator" means an individual	19613
to whom both of the following apply:	19614

(1) The individual is a mortgage loan originator and an	19615
employee of a depository institution, a subsidiary that is owned	19616
and controlled by a depository institution and regulated by a	19617
federal banking agency, or an institution regulated by the farm	19618
credit administration.	19619

(2) The individual is registered with, and maintains a unique	19620
identifier through, the nationwide mortgage licensing system and	19621
registry.	19622

(T) "Administrative or clerical tasks" means the receipt,	19623
collection, and distribution of information common for the	19624
processing or underwriting of a loan in the mortgage industry, and	19625
communication with a consumer to obtain information necessary for	19626
the processing or underwriting of a residential mortgage loan.	19627

(U) "Federal banking agency" means the board of governors of	19628
the federal reserve system, the comptroller of the currency, the	19629
director of the office of thrift supervision, the national credit	19630
union administration, and the federal deposit insurance	19631
corporation.	19632

(V) "Loan processor or underwriter" means an individual who	19633
performs clerical or support duties at the direction of and	19634
subject to the supervision and instruction of a mortgage loan	19635
originator or registered mortgage loan originator. For purposes of	19636
this division, "clerical or support duties" includes the following	19637
activities:	19638

(1) The receipt, collection, distribution, and analysis of	19639
information common for the processing or underwriting of a	19640
residential mortgage loan;	19641

(2) Communicating with a borrower to obtain the information	19642
necessary for the processing or underwriting of a loan, to the	19643
extent the communication does not include offering or negotiating	19644
loan rates or terms or counseling borrowers about residential	19645
mortgage loan rates or terms.	19646

(W) "Real estate brokerage activity" means any activity that	19647
involves offering or providing real estate brokerage services to	19648
the public, including all of the following:	19649

(1) Acting as a real estate agent or real estate broker for a	19650
buyer, seller, lessor, or lessee of real property;	19651

(2) Bringing together parties interested in the sale,	19652
purchase, lease, rental, or exchange of real property;	19653

(3) Negotiating, on behalf of any party, any portion of a	19654
contract relating to the sale, purchase, lease, rental, or	19655
exchange of real property, other than in connection with providing	19656
financing for any such transaction;	19657

(4) Engaging in any activity for which a person engaged in	19658
that activity is required to be registered or licensed as a real	19659
estate agent or real estate broker under any applicable law;	19660

(5) Offering to engage in any activity, or to act in any	19661
capacity, described in division (W) of this section.	19662

(X) "Licensee" means any person that has been issued a	19663
mortgage loan originator license under sections 1321.51 to 1321.60	19664
of the Revised Code.	19665

(Y) "Unique identifier" means a number or other identifier	19666
that permanently identifies a mortgage loan originator and is	19667
assigned by protocols established by the nationwide mortgage	19668
licensing system and registry or federal banking agencies to	19669
facilitate electronic tracking of mortgage loan originators and	19670
uniform identification of, and public access to, the employment	19671
history of and the publicly adjudicated disciplinary and	19672
enforcement actions against mortgage loan originators.	19673

(Z) "State" in the context of referring to states in addition	19674
to Ohio means any state of the United States, the district of	19675
Columbia, any territory of the United States, Puerto Rico, Guam,	19676
American Samoa, the trust territory of the Pacific islands, the	19677
virgin islands, and the northern Mariana islands.	19678

(AA) "Depository institution" has the same meaning as in	19679
section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12	19680
U.S.C. 1813, and includes any credit union doing business under	19681
authority granted by the superintendent of financial institutions,	19682
the national credit union administration, or the credit union	19683
regulatory authority of any other state of the United States.	19684

(BB) "Bona fide third party" means a person that is not an	19685
employee of, related to, or affiliated with, the registrant, and	19686
that is not used for the purpose of circumvention or evasion of	19687
sections 1321.51 to 1321.60 of the Revised Code.	19688

(CC) "Nontraditional mortgage product" means any mortgage	19689
product other than a thirty-year fixed rate mortgage.	19690

(DD) "Employee" means an individual for whom a registrant or	19691
applicant, in addition to providing a wage or salary, pays social	19692
security and unemployment taxes, provides workers' compensation	19693
coverage, and withholds local, state, and federal income taxes.	19694
"Employee" also includes any individual who acts as a mortgage	19695
loan originator or operations manager of the registrant, but for	19696
whom the registrant is prevented by law from making income tax	19697
withholdings.	19698

(EE) "Operations manager" means the employee or owner	19699
responsible for the everyday operations, compliance requirements,	19700
and management of a registrant or applicant that makes or proposes	19701
to make loans secured by an interest in real estate.	19702

(FF) "Consumer reporting agency" has the same meaning as in	19703
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a,	19704
as amended.	19705

(GG) "Mortgage broker" has the same meaning as in section	19706
1322.01 of the Revised Code.	19707

Sec. 1321.52. (A)(1) No person, on that person's own behalf	19708
or on behalf of any other person, shall do ~~either~~any of the	19709
following without having first obtained a certificate of	19710
registration from the division of financial institutions:	19711

(a) Advertise, solicit, or hold out that the person is	19712
engaged in the business of making residential mortgage loans	19713
secured by a mortgage on a borrower's real estate which is other	19714
than a first lien on the real estate;	19715

(b) Engage in the business of lending or collecting the	19716
person's own or another person's money, credit, or choses in	19717
action for ~~such~~non-first lien residential mortgage loans;	19718

(c) Employ or compensate mortgage loan originators licensed	19719
or who should be licensed under sections 1321.51 to 1321.60 of the	19720
Revised Code to conduct the business of making residential	19721
mortgage loans;	19722

(d) Make loans in this state of the type set forth in	19723
division (C) of this section that are unsecured or are secured by	19724
other than real property, which loans are for more than five	19725
thousand dollars at a rate of interest greater than permitted by	19726
section 1343.01 or other specific provisions of the Revised Code.	19727

(2) Each person issued a certificate of registration is	19728
subject to all the rules prescribed under sections 1321.51 to	19729
1321.60 of the Revised Code.	19730

(B)(1) All loans made to persons who at the time are	19731
residents of this state are considered as made within this state	19732
and subject to the laws of this state, regardless of any statement	19733
in the contract or note to the contrary,except as follows:	19734

(a) If the loan is primarily secured by a lien on real	19735
property in another state and is arranged by a mortgage loan	19736
originator licensed by that state, the borrower may by choice of	19737
law designate that the transaction be governed by the law where	19738
the real property is located if the other state has consumer	19739
protection laws covering the borrower that are applicable to the	19740
transaction.	19741

(b) If the loan is for the purpose of purchasing goods	19742
acquired by the borrower when the borrower is outside of this	19743
state, the loan may be governed by the laws of the other state.	19744

(2) Nothing in division (B)(1) of this section prevents a	19745
choice of law or requires registration or licensure of persons	19746
outside of this state in a transaction involving the solicitation	19747
of residents of this state to obtain non-real estate secured loans	19748
that require the borrowers to physically visit a lender's	19749
out-of-state office to apply for and obtain the disbursement of	19750
loan funds.	19751

(C) A registrant may make unsecured loans, loans secured by a	19752
mortgage on a borrower's real estate which is a first lien or	19753
other than a first lien on the real estate, loans secured by other	19754
than real estate, and loans secured by any combination of	19755
mortgages and security interests, on terms and conditions provided	19756
by sections 1321.51 to 1321.60 of the Revised Code.	19757

(D)(1) If a lender that is subject to sections 1321.51 to	19758
1321.60 of the Revised Code makes a loan in violation of division	19759
(A)(1) of this section, the lender has no right to collect,	19760
receive, or retain any interest or charges on that loan.	19761

(2) If a registrant applies to the division for a renewal of	19762
the registrant's certificate after the date required by division	19763
~~(A)(4)~~(A)(8) of section 1321.53 of the Revised Code, but prior to	19764
the first day of ~~August~~February of that year, and the division	19765
approves the application, division (D)(1) of this section does not	19766
apply with respect to any loan made by the registrant while the	19767
registrant's certificate was expired.	19768

(3) If a person's registration under sections 1321.51 to	19769
1321.60 of the Revised Code terminates due to nonrenewal or	19770
otherwise but the person continues to engage in the business of	19771
collecting or servicing non-first lien residential mortgage loans	19772
in violation of division (A)(1) of this section, the	19773
superintendent of financial institutions may take administrative	19774
action, including action on any subsequent application for a	19775
certificate of registration. In addition, no late fee, bad check	19776
charge except as incurred, charge related to default or cost to	19777
realize on its security interest, or prepayment penalty on	19778
non-first lien residential mortgage loans shall be collected or	19779
retained by a person who is in violation of division (A)(1)(b) of	19780
this section. Nothing in division (D)(3) of this section prevents	19781
or otherwise precludes any other actions or penalties provided by	19782
law or modifies a defense of holder in due course that a	19783
subsequent purchaser servicing the residential mortgage loan may	19784
raise.	19785

(E)(1) No individual shall engage in the business of a	19786
mortgage loan originator without first obtaining and maintaining	19787
annually a license pursuant to section 1321.532 of the Revised	19788
Code from the division of financial institutions. A mortgage loan	19789
originator shall be employed or associated with a registrant or	19790
exempt entity, but shall not be employed by or associated with	19791
more than one registrant or exempt entity at any one time.	19792

(2) An individual acting under the individual's authority as	19793
a registered mortgage loan originator shall not be required to be	19794
licensed under division (E)(1) of this section.	19795

(F)(1) Each licensee shall register with, and maintain a	19796
valid unique identifier issued by, the nationwide mortgage	19797
licensing system and registry.	19798

(2) No person shall use a licensee's unique identifier for	19799
any purpose other than as set forth in the "Secure and Fair	19800
Enforcement for Mortgage Licensing Act of 2008," 122 Stat. 2810,	19801
12 U.S.C. 5101.	19802

(G)(1) If a person that is subject to sections 1321.51 to	19803
1321.60 of the Revised Code makes a loan in violation of division	19804
(A)(1)(d) of this section and subsequently sells or assigns that	19805
loan, the person is liable to the borrower for any interest paid	19806
on that loan to the holder or assignee in excess of the rate that	19807
would be applicable in the absence of sections 1321.51 to 1321.60	19808
of the Revised Code, in addition to any interest or charges paid	19809
on that loan to the unauthorized lender as provided by division	19810
(D)(1) of this section.	19811

(2) If a person that is subject to sections 1321.51 to	19812
1321.60 of the Revised Code makes a residential mortgage loan in	19813
violation of division (A)(1)(b) or (c) of this section and	19814
subsequently sells or assigns that loan, the lender is liable to	19815
the borrower for any interest paid on that loan to the holder or	19816
assignee in excess of the rate set forth in division (B)(4) of	19817
section 1343.01 of the Revised Code, in addition to any interest	19818
or charges paid on that loan to the unauthorized lender as	19819
provided by division (D)(1) of this section.	19820

Sec. 1321.521. The superintendent of financial institutions	19821
may, by rule, expand the definition of mortgage loan originator in	19822
section 1321.51 of the Revised Code by adding individuals or may	19823
exempt additional individuals or persons from that definition, if	19824
the superintendent finds that the addition or exemption is	19825
consistent with the purposes fairly intended by the policy and	19826
provisions of sections 1321.51 to 1321.60 of the Revised Code and	19827
the "Secure and Fair Enforcement for Mortgage Licensing Act of	19828
2008," 122 Stat. 2810, 12 U.S.C. 5101.	19829

Rules authorized by this section shall be adopted in	19830
accordance with Chapter 119. of the Revised Code.	19831

Sec. 1321.53. (A)(1) An application for a certificate of	19832
registration under sections 1321.51 to 1321.60 of the Revised Code	19833
shall contain an undertaking by the applicant to abide by those	19834
sections. The application shall be in writing, under oath, and in	19835
the form prescribed by the division of financial institutions,	19836
~~shall give the location where the business is to be conducted and~~	19837
~~the names and addresses of the partners, officers, or trustees of~~	19838
~~the applicant,~~ and shall contain any ~~further relevant~~ information	19839
that the division may require. Applicants that are foreign	19840
corporations shall obtain and maintain a license pursuant to	19841
Chapter 1703. of the Revised Code before a certificate is issued	19842
or renewed.	19843

(2) Upon the filing of the application and the payment by the	19844
applicant of a nonrefundable two hundred ~~dollars as an~~dollar	19845
investigation fee ~~and an~~, a nonrefundable three hundred dollar	19846
annual registration fee ~~as determined by the superintendent of~~	19847
~~financial institutions pursuant to section 1321.20 of the Revised~~	19848
~~Code~~, and any additional fee required by the nationwide mortgage	19849
licensing system and registry, the division shall investigate the	19850
relevant facts. If the application involves investigation outside	19851
this state, the applicant may be required by the division to	19852
advance sufficient funds to pay any of the actual expenses of such	19853
investigation, when it appears that these expenses will exceed two	19854
hundred dollars. An itemized statement of any of these expenses	19855
which the applicant is required to pay shall be furnished to the	19856
applicant by the division. No certificate shall be issued unless	19857
all the required fees have been submitted to the division~~, and no~~	19858
~~registration fee or investigation fee will be returned after a~~	19859
~~certificate has been issued~~.	19860

(3) All applicants making loans secured by an interest in	19861
real estate shall designate an employee or owner of the applicant	19862
as the applicant's operations manager. While acting as the	19863
operations manager, the employee or owner shall not be employed by	19864
any other registrant or mortgage broker. Each registrant making	19865
residential mortgage loans secured by an interest in real estate	19866
shall have a designated operations manager who has at least three	19867
years of experience in the mortgage or lending field acceptable to	19868
the superintendent, and is a licensed mortgage loan originator.	19869

(4) The investigation undertaken upon application shall	19870
include both a civil and criminal records check of the applicant	19871
including any individual whose identity is required to be	19872
disclosed in the application. Where the applicant is a business	19873
entity the superintendent shall have the authority to require a	19874
civil and criminal background check of those persons that in the	19875
determination of the superintendent have the authority to direct	19876
and control the operations of the applicant.	19877

(5)(a) Notwithstanding division (K) of section 121.08 of the	19878
Revised Code, the superintendent of financial institutions shall	19879
obtain a criminal history records check and, as part of that	19880
records check, request that criminal record information from the	19881
federal bureau of investigation be obtained. To fulfill this	19882
requirement, the superintendent shall do either of the following:	19883

(i) Request the superintendent of the bureau of criminal	19884
identification and investigation, or a vendor approved by the	19885
bureau, to conduct a criminal records check based on the	19886
applicant's fingerprints or, if the fingerprints are unreadable,	19887
based on the applicant's social security number, in accordance	19888
with division (A)(12) of section 109.572 of the Revised Code;	19889

(ii) Authorize the nationwide mortgage licensing system and	19890
registry to request a criminal history background check as set	19891
forth in division (C) of section 1321.531 of the Revised Code.	19892

(b) Any fee required under division (C)(3) of section 109.572	19893
of the Revised Code or by the nationwide mortgage licensing system	19894
and registry shall be paid by the applicant.	19895

(6) If an application for a certificate of registration does	19896
not contain all of the information required under division (A)~~(1)~~	19897
of this section, and if such information is not submitted to the	19898
division within ninety days after the ~~application is filed~~	19899
superintendent requests the information in writing, the	19900
superintendent may consider the application withdrawn ~~and may~~	19901
~~retain the investigation fee~~.	19902

~~(4)~~(7) If the division finds that the financial	19903
responsibility, experience, character, and general fitness of the	19904
applicant ~~are such as to~~ command the confidence of the public and	19905
to warrant the belief that the business will be operated honestly	19906
and fairly in compliance with ~~and within~~ the purposes of sections	19907
1321.51 to 1321.60 of the Revised Code and the rules adopted	19908
thereunder, and that the applicant has the requisite bond or	19909
applicable net worth and assets required by division (B) of this	19910
section, the division shall thereupon issue a certificate of	19911
registration to the applicant. The ~~certificate~~superintendent	19912
shall not use a credit score as the sole basis for a registration	19913
denial.	19914

(a) Certificates of registration issued on or after July 1,	19915
2009, shall annually expire on the ~~first~~thirty-first day of ~~July~~	19916
~~next after its issue, and on the first day of July in each~~	19917
~~succeeding year~~December, unless renewed by the filing of a	19918
renewal application and payment of an annual fee, ~~and~~ any	19919
assessment, as determined by the superintendent pursuant to	19920
section 1321.20 of the Revised Code, and any additional fee	19921
required by the nationwide mortgage licensing system and registry,	19922
on or before the last day of ~~June~~December of each year. No other	19923
fee or assessment shall be required of a registrant by the state	19924
or any political subdivision of ~~the~~this state.	19925

(b) Registrants shall timely file renewal applications on	19926
forms prescribed by the division of financial institutions and	19927
provide any further information that the division may require.	19928

(c) As a condition of renewal, registrants shall provide	19929
proof that the designated operations manager successfully	19930
completed the testing required under section 1321.535 of the	19931
Revised Code and the continuing education requirements set forth	19932
in section 1321.536 of the Revised Code.	19933

(d) Renewal shall not be granted if the applicant's	19934
certificate of registration is subject to an order of suspension,	19935
revocation, or an unpaid and past due fine imposed by the	19936
superintendent.	19937

(e) If the division ~~does not so find~~finds the applicant does	19938
not meet the conditions set forth in this section, it shall ~~enter~~	19939
~~an order denying~~issue a notice of intent to deny the application,	19940
and forthwith notify the applicant of the denial, the grounds for	19941
the denial, and the applicant's reasonable opportunity to be heard	19942
on the action in accordance with Chapter 119. of the Revised Code.	19943
~~In the event of denial, the division shall return the registration~~	19944
~~fee but retain the investigation fee.~~	19945

~~(5)~~(8) If there is a change of ~~ten~~five per cent or more in	19946
the ownership of a registrant, the division may make any	19947
investigation necessary to determine whether any fact or condition	19948
exists that, if it had existed at the time of the original	19949
application for a certificate of registration, the fact or	19950
condition would have warranted the division to deny the	19951
application under division (A)~~(4)~~(7) of this section. If such a	19952
fact or condition is found, the division may, in accordance with	19953
Chapter 119. of the Revised Code, revoke the registrant's	19954
certificate.	19955

(B) Each registrant that engages in lending under sections	19956
1321.51 to 1321.60 of the Revised Code shall, if not bonded	19957
pursuant to section 1321.533 of the Revised Code, maintain both of	19958
the following:	19959

(1) A net worth of at least fifty thousand dollars;

19960

(2) For each certificate of registration, assets of at least	19961
fifty thousand dollars either in use or readily available for use	19962
in the conduct of the business.	19963

(C) Not more than one place of business shall be maintained	19964
under the same certificate, but the division may issue additional	19965
certificates to the same registrant upon compliance with sections	19966
1321.51 to 1321.60 of the Revised Code, governing the issuance of	19967
a single certificate. No change in the place of business of a	19968
registrant to a location outside the original municipal	19969
corporation shall be permitted under the same certificate without	19970
the approval of a new application, the payment of the registration	19971
fee ~~as determined by the superintendent pursuant to section~~	19972
~~1321.20 of the Revised Code~~ and, if required by the	19973
superintendent, the payment of an investigation fee of two hundred	19974
dollars. When a registrant wishes to change its place of business	19975
within the same municipal corporation, it shall give written	19976
notice of the change in advance to the division, which shall	19977
provide a certificate for the new address without cost. If a	19978
registrant changes its name, prior to making loans under the new	19979
name it shall give written notice of the change to the division,	19980
which shall provide a certificate in the new name without cost.	19981
Sections 1321.51 to 1321.60 of the Revised Code do not limit the	19982
loans of any registrant to residents of the community in which the	19983
registrant's place of business is situated. Each certificate shall	19984
be kept conspicuously posted in the place of business of the	19985
registrant and is not transferable or assignable.	19986

(D) Sections 1321.51 to 1321.60 of the Revised Code do not	19987
apply to any of the following:	19988

(1) ~~Persons~~Entities chartered and lawfully doing business	19989
under the authority of any law of this state, another state, or	19990
the United States ~~relating to banks~~as a bank, savings ~~banks~~bank,	19991
trust ~~companies~~company, savings and loan ~~associations~~	19992
association, or credit ~~unions~~union, or a subsidiary of any such	19993
entity, which subsidiary is regulated by a federal banking agency	19994
and is owned and controlled by such a depository institution;	19995

(2) Life, property, or casualty insurance companies licensed	19996
to do business in this state;	19997

(3) Any person that is a lender making a loan pursuant to	19998
sections 1321.01 to 1321.19 of the Revised Code or a business loan	19999
as described in division (B)(6) of section 1343.01 of the Revised	20000
Code;	20001

(4) Any political subdivision, or any governmental ~~agency~~ or	20002
other public entity, corporation, instrumentality, or ~~any entity~~	20003
~~included under division (B)(3) of section 1343.01 of the Revised~~	20004
~~Code~~agency, in or of the United States or any state of the United	20005
States;	20006

(5) A college or university, or controlled entity of a	20007
college or university, as those terms are defined in section	20008
1713.05 of the Revised Code.	20009

(E) No person engaged in the business of selling tangible	20010
goods or services related to tangible goods may receive or retain	20011
a certificate under sections 1321.51 to 1321.60 of the Revised	20012
Code for such place of business.	20013

Sec. 1321.531. (A) An application for a mortgage loan	20014
originator license shall be in writing, under oath, and in the	20015
form prescribed by the superintendent of financial institutions.	20016
The application shall be accompanied by a nonrefundable	20017
application fee of one hundred fifty dollars and all other	20018
required fees, including any fees required by the nationwide	20019
mortgage licensing system and registry.	20020

(B) The superintendent may establish relationships or enter	20021
into contracts with the nationwide mortgage licensing system and	20022
registry, or any entities designated by it, to collect and	20023
maintain records and process transaction fees or other fees	20024
related to mortgage loan originator licensees or other persons	20025
subject to or involved in their licensure.	20026

(C) In connection with applying for a mortgage loan	20027
originator license, the applicant shall furnish to the nationwide	20028
mortgage licensing system and registry the following information	20029
concerning the applicant's identity:	20030

(1) The applicant's fingerprints for submission to the	20031
federal bureau of investigation, and any other governmental agency	20032
or entity authorized to receive such information, for purposes of	20033
a state, national, and international criminal history background	20034
check;	20035

(2) Personal history and experience in a form prescribed by	20036
the nationwide mortgage licensing system and registry, along with	20037
authorization for the superintendent and the nationwide mortgage	20038
licensing system and registry to obtain the following:	20039

(a) An independent credit report from a consumer reporting	20040
agency;	20041

(b) Information related to any administrative, civil, or	20042
criminal findings by any governmental jurisdiction.	20043

(D) In order to effectuate the purposes of divisions (C)(1)	20044
and (C)(2)(b) of this section, the superintendent may use the	20045
conference of state bank supervisors, or a wholly owned	20046
subsidiary, as a channeling agent for requesting information from	20047
and distributing information to the United States department of	20048
justice or any other governmental agency. The superintendent may	20049
also use the nationwide mortgage licensing system and registry as	20050
a channeling agent for requesting information from and	20051
distributing information to any source related to matters subject	20052
to divisions (C)(2)(a) and (b) of this section.	20053

(E) Upon the filing of the application, payment of the	20054
application fee, and payment of any additional fee, including any	20055
fee required by the nationwide mortgage licensing system and	20056
registry, the superintendent shall investigate the applicant as	20057
set forth in division (E) of this section.	20058

(1)(a) Notwithstanding division (K) of section 121.08 of the	20059
Revised Code, the superintendent shall obtain a criminal history	20060
records check and, as part of that records check, request that	20061
criminal record information from the federal bureau of	20062
investigation be obtained. To fulfill this requirement, the	20063
superintendent shall do either of the following:	20064

(i) Request the superintendent of the bureau of criminal	20065
identification and investigation, or a vendor approved by the	20066
bureau, to conduct a criminal records check based on the	20067
applicant's fingerprints or, if the fingerprints are unreadable,	20068
based on the applicant's social security number in accordance with	20069
division (A)(12) of section 109.572 of the Revised Code;	20070

(ii) Authorize the nationwide mortgage licensing system and	20071
registry to request a criminal history background check as set	20072
forth in division (C) of this section.	20073

(b) Any fee required under division (C)(3) of section 109.572	20074
of the Revised Code or by the nationwide mortgage licensing system	20075
and registry shall be paid by the applicant.	20076

(2) The superintendent of financial institutions shall	20077
conduct a civil records check.	20078

(3) If, in order to issue a license to an applicant,	20079
additional investigation by the superintendent outside this state	20080
is necessary, the superintendent may require the applicant to	20081
advance sufficient funds to pay the actual expenses of the	20082
investigation, if it appears that these expenses will exceed one	20083
hundred dollars. The superintendent shall provide the applicant	20084
with an itemized statement of the actual expenses that the	20085
applicant is required to pay.	20086

(F) If an application for a mortgage loan originator license	20087
does not contain all of the information required under this	20088
section, and if that information is not submitted to the	20089
superintendent within ninety days after the superintendent	20090
requests the information in writing, the superintendent may	20091
consider the application withdrawn.	20092

Sec. 1321.532. (A) Upon the conclusion of the investigation	20093
required under division (E) of section 1321.531 of the Revised	20094
Code, the superintendent of financial institutions shall issue a	20095
mortgage loan originator license to the applicant if the	20096
superintendent finds that all of the following conditions are met:	20097

(1) The application is accompanied by the application fee and	20098
any additional fee required by the nationwide mortgage licensing	20099
system and registry.	20100

(a) If a check or other draft instrument is returned to the	20101
superintendent for insufficient funds, the superintendent shall	20102
notify the applicant by certified mail, return receipt requested,	20103
that the application will be withdrawn unless the applicant,	20104
within thirty days after receipt of the notice, submits the	20105
application fee and a one-hundred-dollar penalty to the	20106
superintendent. If the applicant does not submit the application	20107
fee and penalty within that time period, or if any check or other	20108
draft instrument used to pay the fee or penalty is returned to the	20109
superintendent for insufficient funds, the application shall be	20110
withdrawn immediately without a hearing.	20111

(b) If a check or other draft instrument is returned to the	20112
superintendent for insufficient funds after the license has been	20113
issued, the superintendent shall notify the licensee by certified	20114
mail, return receipt requested, that the license issued in	20115
reliance on the check or other draft instrument will be canceled	20116
unless the licensee, within thirty days after receipt of the	20117
notice, submits the application fee and a one-hundred-dollar	20118
penalty to the superintendent. If the licensee does not submit the	20119
application fee and penalty within that time period, or if any	20120
check or other draft instrument used to pay the fee or penalty is	20121
returned to the superintendent for insufficient funds, the license	20122
shall be canceled immediately without a hearing, and the licensee	20123
shall cease activity as a mortgage loan originator.	20124

(2) The applicant complies with sections 1321.51 to 1321.60	20125
of the Revised Code.	20126

(3) The applicant has not had a mortgage loan originator	20127
license, or comparable authority, revoked in any governmental	20128
jurisdiction.	20129

(4) The applicant has not been convicted of, or pleaded	20130
guilty to, any of the following:	20131

(a) During the seven-year period immediately preceding the	20132
date of application for licensure, a felony in a domestic,	20133
foreign, or military court.	20134

(b) At any time prior to the date of application for	20135
licensure, a felony involving an act of fraud, dishonesty, or a	20136
breach of trust, theft, or money laundering in a domestic,	20137
foreign, or military court;	20138

(c) During the seven-year period immediately preceding the	20139
date of application for licensure, a misdemeanor involving theft	20140
in a domestic, foreign, or military court.	20141

(5) Based on the totality of the circumstances and	20142
information submitted in the application, the applicant has proven	20143
to the division of financial institutions, by a preponderance of	20144
the evidence, that the applicant is of good business repute,	20145
appears qualified to act as a mortgage loan originator, and has	20146
fully complied with sections 1321.51 to 1321.60 of the Revised	20147
Code and rules adopted thereunder.	20148

(6) The applicant successfully completed the written test	20149
required under section 1321.535 of the Revised Code and the	20150
education requirements set forth in section 1321.534 of the	20151
Revised Code.	20152

(7) The applicant is covered under a valid bond in compliance	20153
with section 1321.533 of the Revised Code.	20154

(8) The applicant's financial responsibility, character, and	20155
general fitness command the confidence of the public and warrant	20156
the belief that the loan originator will operate honestly and	20157
fairly in compliance with the purposes of sections 1321.51 to	20158
1321.60 of the Revised Code. The superintendent shall not use a	20159
credit score as the sole basis for a license denial.	20160

(B) The license issued under division (A) of this section may	20161
be renewed annually on or before the thirty-first day of December	20162
if the superintendent finds that all of the following conditions	20163
are met:	20164

(1) The renewal application is accompanied by a nonrefundable	20165
renewal fee of one hundred fifty dollars, and any additional fee	20166
required by the nationwide mortgage licensing system and registry.	20167
If a check or other draft instrument is returned to the	20168
superintendent for insufficient funds, the superintendent shall	20169
notify the licensee by certified mail, return receipt requested,	20170
that the license renewed in reliance on the check or other draft	20171
instrument will be canceled unless the licensee, within thirty	20172
days after receipt of the notice, submits the renewal fee and a	20173
one-hundred-dollar penalty to the superintendent. If the licensee	20174
does not submit the renewal fee and penalty within that time	20175
period, or if any check or other draft instrument used to pay the	20176
fee or penalty is returned to the superintendent for insufficient	20177
funds, the license shall be canceled immediately without a	20178
hearing, and the licensee shall cease activity as a mortgage loan	20179
originator.	20180

(2) The applicant has completed at least eight hours of	20181
continuing education as required under section 1321.536 of the	20182
Revised Code.	20183

(3) The applicant meets the conditions set forth in divisions	20184
(A)(2) to (8) of this section.	20185

(4) The applicant's license is not subject to an order of	20186
suspension or an unpaid and past due fine imposed by the	20187
superintendent.	20188

(C)(1) Subject to division (C)(2) of this section, if a	20189
license renewal application or fee, including any additional fee	20190
required by nationwide mortgage licensing system and registry, is	20191
received by the superintendent after the thirty-first day of	20192
December, the license shall not be considered renewed, and the	20193
applicant shall cease activity as a mortgage loan originator.	20194

(2) Division (C)(1) of this section shall not apply if the	20195
applicant, no later than the thirty-first day of January, submits	20196
the renewal application and fee, including any additional fee	20197
required by nationwide mortgage licensing system and registry, and	20198
a one-hundred-dollar penalty to the superintendent.	20199

(D) Mortgage loan originator licenses issued on or after July	20200
1, 2009, shall annually expire on the thirty-first day of	20201
December.	20202

Sec. 1321.533. (A)(1) A registrant engaged in residential	20203
mortgage loan activity shall not conduct business in this state,	20204
unless the registrant has obtained and maintains in effect at all	20205
times a corporate surety bond issued by a bonding company or	20206
insurance company authorized to do business in this state.	20207

(a) The bond shall be in favor of the superintendent of	20208
financial institutions.	20209

(b) The bond shall be in the penal sum of the greater of:

20210

(i) Fifty thousand dollars and an additional penal sum of ten	20211
thousand dollars for each location, in excess of one, at which the	20212
registrant conducts business; or	20213

(ii) One half per cent of the aggregate loan amount of	20214
residential mortgage loans originated in the immediately preceding	20215
calendar year, but not exceeding two hundred fifty thousand	20216
dollars.	20217

(c) The term of the bond shall coincide with the term of	20218
registration.	20219

(d) A copy of the bond shall be filed with the	20220
superintendent.	20221

(e) The bond shall be for the exclusive benefit of any	20222
borrower injured by a violation by an employee, licensee, or	20223
registrant of any provision of sections 1321.51 to 1321.60 of the	20224
Revised Code or the rules adopted thereunder.	20225

(f) The aggregate liability of the corporate surety for any	20226
and all breaches of the conditions of the bond shall not exceed	20227
the penal sum of the bond.	20228

(2) An individual licensed as a mortgage loan originator and	20229
employed or associated with an exempt entity as set forth in	20230
division (P)(2) of section 1321.51 of the Revised Code shall not	20231
conduct business in this state, unless the licensee has obtained	20232
and maintains in effect at all times a corporate surety bond	20233
issued by a bonding company or insurance company authorized to do	20234
business in this state.	20235

(a) The bond shall be in favor of the superintendent.

20236

(b) The bond shall be in the penal sum of the greater of:

20237

(i) Fifty thousand dollars; or

20238

(ii) One half per cent of the aggregate loan amount of	20239
residential mortgage loans originated in the immediately preceding	20240
calendar year, but not exceeding two hundred fifty thousand	20241
dollars.	20242

(c) The term of the bond shall coincide with the term of	20243
licensure.	20244

(d) A copy of the bond shall be filed with the	20245
superintendent.	20246

(e) The bond shall be for the exclusive benefit of any	20247
borrower injured by a violation by the licensee of any provision	20248
of sections 1321.51 to 1321.60 of the Revised Code or the rules	20249
adopted thereunder.	20250

(f) The aggregate liability of the corporate surety for any	20251
and all breaches of the conditions of the bond shall not exceed	20252
the penal sum of the bond.	20253

(B)(1) The registrant or licensee shall give notice to the	20254
superintendent by certified mail of any action that is brought by	20255
a borrower against the licensee, registrant, or any mortgage loan	20256
originator of the registrant alleging injury by a violation of any	20257
provision of sections 1321.51 to 1321.60 of the Revised Code, and	20258
of any judgment that is entered against the licensee, registrant,	20259
or mortgage loan originator of the registrant by a borrower	20260
injured by a violation of any provision of sections 1321.51 to	20261
1321.60 of the Revised Code. The notice shall provide details	20262
sufficient to identify the action or judgment, and shall be filed	20263
with the superintendent within ten days after the commencement of	20264
the action or notice to the registrant or licensee of entry of a	20265
judgment. An exempt entity securing bonding for the licensees in	20266
their employ shall report those actions by a borrower in the same	20267
manner as is required of registrants.	20268

(2) A corporate surety, within ten days after it pays any	20269
claim or judgment, shall give notice to the superintendent by	20270
certified mail of the payment, with details sufficient to identify	20271
the person and the claim or judgment paid.	20272

(C) Whenever the penal sum of the corporate surety bond is	20273
reduced by one or more recoveries or payments, the registrant or	20274
licensee shall furnish a new or additional bond under this	20275
section, so that the total or aggregate penal sum of the bond or	20276
bonds equals the sum required by this section, or shall furnish an	20277
endorsement executed by the corporate surety reinstating the bond	20278
to the required penal sum of it.	20279

(D) The liability of the corporate surety on the bond to the	20280
superintendent and to any borrower injured by a violation of any	20281
provision of sections 1321.51 to 1321.60 of the Revised Code shall	20282
not be affected in any way by any misrepresentation, breach of	20283
warranty, or failure to pay the premium, by any act or omission	20284
upon the part of the registrant or licensee, by the insolvency or	20285
bankruptcy of the registrant or licensee, or by the insolvency of	20286
the registrant's or licensee's estate. The liability for any act	20287
or omission that occurs during the term of the corporate surety	20288
bond shall be maintained and in effect for at least two years	20289
after the date on which the corporate surety bond is terminated or	20290
canceled.	20291

(E) The corporate surety bond shall not be canceled by the	20292
registrant, the licensee, or the corporate surety except upon	20293
notice to the superintendent by certified mail, return receipt	20294
requested. The cancellation shall not be effective prior to thirty	20295
days after the superintendent receives the notice.	20296

(F) No registrant or licensee shall fail to comply with this	20297
section. Any registrant or licensee that fails to comply with this	20298
section shall cease all mortgage lender or mortgage loan	20299
originator activity in this state until the registrant or licensee	20300
has complied with this section.	20301

Sec. 1321.534. (A) Mortgage loan originator applicants shall	20302
submit evidence acceptable to the superintendent of financial	20303
institutions that, except as set forth in division (D) of this	20304
section, the applicant has successfully completed at least	20305
twenty-four hours of pre-licensing instruction consisting of the	20306
following:	20307

(1) Twenty hours of instruction in a course or program of	20308
study reviewed and approved by the nationwide mortgage licensing	20309
system and registry.	20310

(2) Four hours of instruction in a course or program of study	20311
reviewed and approved by the superintendent concerning state	20312
lending law and the Ohio consumer sales practices act, Chapter	20313
1345. of the Revised Code, as it applies to registrants and	20314
licensees.	20315

(B) A person having successfully completed the pre-licensing	20316
education requirements reviewed and approved by the nationwide	20317
mortgage licensing system and registry for any state within the	20318
previous five years shall be granted credit toward completion of	20319
the pre-licensing education requirements of this state.	20320

(C) Review and approval of a pre-licensing education course	20321
shall include review and approval of the course provider.	20322

(D) Notwithstanding division (A) of this section, if the	20323
nationwide mortgage licensing system and registry fails to have in	20324
place an approval program to ensure that all pre-licensing	20325
education courses meet the criteria set forth in division (A) of	20326
this section, then the superintendent shall require, until that	20327
program is in place, evidence that the applicant has successfully	20328
completed twenty-four hours of live classroom instruction in a	20329
course or program of study approved by the superintendent that	20330
consists of at least all of the following:	20331

(1) Four hours of instruction concerning state and federal	20332
mortgage lending laws, which shall include no less than two hours	20333
on this chapter;	20334

(2) Four hours of instruction concerning the Ohio consumer	20335
sales practices act, Chapter 1345. of the Revised Code, as it	20336
applies to registrants and licensees;	20337

(3) Four hours of instruction concerning the loan application	20338
process;	20339

(4) Two hours of instruction concerning the underwriting	20340
process;	20341

(5) Two hours of instruction concerning the secondary market	20342
for mortgage loans;	20343

(6) Four hours of instruction concerning the loan closing	20344
process;	20345

(7) Two hours of instruction covering basic mortgage	20346
financing concepts and terms;	20347

(8) Two hours of instruction concerning the ethical	20348
responsibilities of a licensee, including with respect to	20349
confidentiality, consumer counseling, and the duties and standards	20350
of care created in section 1321.593 of the Revised Code.	20351

Sec. 1321.535. (A) Each person designated to act as	20352
operations manager for a registrant shall submit to a written test	20353
approved by the superintendent of financial institutions. An	20354
individual shall not be considered to have passed the written test	20355
unless the individual achieves a test score of not less than	20356
seventy-five per cent correct answers to all questions.	20357

(B) Each applicant for a mortgage loan originator license	20358
shall submit to a written test that is developed and approved by	20359
the nationwide mortgage licensing system and registry and	20360
administered by a test provider approved by the nationwide	20361
mortgage licensing system and registry based upon reasonable	20362
standards.	20363

(1) The test shall adequately measure the applicant's	20364
knowledge and comprehension in appropriate subject matters,	20365
including ethics and federal and state law related to mortgage	20366
origination, fraud, consumer protection, the nontraditional	20367
mortgage marketplace, and fair lending issues.	20368

(2) An individual shall not be considered to have passed the	20369
test unless the individual achieves a test score of at least	20370
seventy-five per cent correct answers on all questions and at	20371
least seventy-five per cent correct answers on all questions	20372
relating to Ohio lending laws and the Ohio consumer sales	20373
practices act.	20374

(3) An individual may retake the test three consecutive times	20375
provided the period between taking the tests is at least thirty	20376
days.	20377

(4) After failing three consecutive tests, an individual	20378
shall be required to wait at least six months before taking the	20379
test again.	20380

(5) If a mortgage loan originator fails to maintain a valid	20381
license for a period of five years or longer, the individual shall	20382
be required to retake the test.	20383

(C) Notwithstanding division (B) of this section, until the	20384
nationwide mortgage licensing system and registry implements a	20385
testing process that meets the criteria set forth in that	20386
division, the superintendent shall require evidence that the	20387
mortgage loan originator applicant or person designated under	20388
division (A)(3) of section 1321.53 of the Revised Code passed a	20389
written test acceptable to the superintendent.	20390

Sec. 1321.536. (A) Each mortgage loan originator licensee	20391
and each person designated under division (A)(3) of section	20392
1321.53 of the Revised Code to act as operations manager for a	20393
registrant shall complete at least eight hours of continuing	20394
education every calendar year. To fulfill this requirement, the	20395
eight hours of continuing education must be offered in a course or	20396
program of study reviewed and approved by the nationwide mortgage	20397
licensing system and registry. The course or program of study	20398
shall include all of the following:	20399

(1) Three hours of applicable federal law and regulations;

20400

(2) Two hours of ethics, which shall include instruction on	20401
fraud, consumer protection, and fair lending issues;	20402

(3) Two hours of training related to lending standards for	20403
the nontraditional mortgage product marketplace.	20404

(B) Continuing education courses shall be reviewed and	20405
approved by the nationwide mortgage licensing system and registry	20406
based upon reasonable standards.	20407

(C) The following conditions apply to the continuing	20408
education required by this section:	20409

(1) An individual cannot take the same approved course in the	20410
same or successive years to meet the annual requirement for	20411
continuing education.	20412

(2) An individual can only receive credit for a continuing	20413
education course in the year in which the course is taken, unless	20414
the individual is making up a deficiency in continuing education	20415
pursuant to a rule or order of the superintendent of financial	20416
institutions.	20417

(3) An individual who subsequently becomes unlicensed must	20418
complete the continuing education requirement for the last year in	20419
which the license was held prior to the issuance of a new or	20420
renewed license.	20421

(4) A licensed mortgage loan originator who is approved as an	20422
instructor of an approved continuing education course may receive	20423
credit for the licensee's own annual continuing education	20424
requirement at the rate of two credit hours for every one hour	20425
taught.	20426

(5) A person having successfully completed a continuing	20427
education course approved by the nationwide mortgage licensing	20428
system and registry for any state shall receive credit toward	20429
completion of the continuing education requirement of this state.	20430

(D) Notwithstanding division (B) of this section, until the	20431
nationwide mortgage licensing system and registry implements a	20432
review and approval process, the superintendent shall require	20433
evidence that the licensee or person designated under division	20434
(A)(3) of section 1321.53 of the Revised Code has successfully	20435
completed at least eight hours of continuing education in a course	20436
or program of study approved by the superintendent.	20437

Sec. 1321.54. (A) The division of financial institutions may	20438
adopt, in accordance with Chapter 119. of the Revised Code,	20439
reasonable rules ~~that are necessary for the enforcement of~~to	20440
administer and enforce sections 1321.51 to 1321.60 of the Revised	20441
Code and ~~that are consistent with those sections. Each rule shall~~	20442
~~contain a reference to the section, division, or paragraph of the~~	20443
~~Revised Code to which it applies. The division shall send by~~	20444
~~regular mail to each registrant a copy of each rule that is~~	20445
~~adopted pursuant to this section~~to carry out the purposes of	20446
those sections.	20447

(B)(1) The division ~~shall~~may, upon written notice to the	20448
registrant or licensee stating the contemplated action, the	20449
grounds for the action, and the registrant's or licensee's	20450
reasonable opportunity to be heard on the action in accordance	20451
with Chapter 119. of the Revised Code, revoke, suspend, or refuse	20452
to renew any certificate or license issued under sections 1321.51	20453
to 1321.60 of the Revised Code~~, or impose a monetary fine,~~ if it	20454
finds ~~that the registrant has continued to violate those sections,~~	20455
~~after receiving notice of the violation or violations from the~~	20456
~~division, or is in default in the payment of the annual assessment~~	20457
~~or certificate of registration fee prescribed in section 1321.20~~	20458
~~of the Revised Code. The~~any of the following:	20459

(a) A violation of or failure to comply with any provision of	20460
sections 1321.51 to 1321.60 of the Revised Code or the rules	20461
adopted thereunder, any federal lending law, or any other law	20462
applicable to the business conducted under a certificate of	20463
registration or license;	20464

(b) The person has been convicted of or pleaded guilty to any	20465
criminal felony offense in a domestic, foreign, or military court;	20466

(c) The person has been convicted of or pleaded guilty to any	20467
criminal offense involving theft, receiving stolen property,	20468
embezzlement, forgery, fraud, passing bad checks, money	20469
laundering, breach of trust, dishonesty, or drug trafficking, or	20470
any criminal offense involving money or securities, in a domestic,	20471
foreign, or military court;	20472

(d) The person's mortgage lender certificate of registration	20473
or mortgage loan originator license, or comparable authority, has	20474
been revoked in any governmental jurisdiction.	20475

(2) In addition to, or in lieu of, any revocation,	20476
suspension, or denial, the division may impose a monetary fine	20477
after administrative hearing or in settlement of matters subject	20478
to claims under division (B)(1)(a) of this section.	20479

(3) Subject to division (D)(3) of section 1321.52 of the	20480
Revised Code, the revocation, suspension, or refusal to renew	20481
shall not impair the obligation of any pre-existing lawful	20482
contract made under sections 1321.51 to 1321.60 of the Revised	20483
Code; provided, however, that a prior registrant shall make good	20484
faith efforts to promptly transfer the registrant's collection	20485
rights to another registrant or person exempt from registration,	20486
or be subject to additional monetary fines and legal or	20487
administrative action by the division. Nothing in division (B)(3)	20488
of this section shall limit a court's ability to impose a cease	20489
and desist order preventing any further business or servicing	20490
activity.	20491

(C)(1) The superintendent of financial institutions may	20492
impose a fine of not more than one thousand dollars for each day a	20493
violation of sections 1321.51 to 1321.60 of the Revised Code, or	20494
any rule adopted thereunder, is committed, repeated, or continued.	20495
If the registrant or licensee engages in a pattern of repeated	20496
violations, the superintendent may impose a fine of not more than	20497
two thousand dollars for each day the violation is committed,	20498
repeated, or continued. All fines collected pursuant to this	20499
section shall be paid to the treasurer of state to the credit of	20500
the consumer finance fund created in section 1321.21 of the	20501
Revised Code. In determining the amount of a fine to be imposed	20502
pursuant to this section, the superintendent may consider all of	20503
the following to the extent it is known to the division of	20504
financial institutions:	20505

(a) The seriousness of the violation;

20506

(b) The registrant's or licensee's good faith efforts to	20507
prevent the violation;	20508

(c) The registrant's or licensee's history regarding	20509
violations and compliance with division orders;	20510

(d) The registrant's or licensee's financial resources;

20511

(e) Any other matters the superintendent considers	20512
appropriate in enforcing sections 1321.51 to 1321.60 of the	20513
Revised Code.	20514

(2) Monetary fines imposed under this division shall not	20515
~~exceed twenty-five thousand dollars~~preclude any criminal fine	20516
imposed pursuant to section 1321.99 of the Revised Code.	20517

~~(C)~~(D) The superintendent ~~of financial institutions~~ may	20518
investigate alleged violations of sections 1321.51 to 1321.60 of	20519
the Revised Code, or the rules adopted thereunder, or complaints	20520
concerning any such violation. The superintendent may make	20521
application to the court of common pleas for an order enjoining	20522
any ~~such~~ violation and, upon a showing by the superintendent that	20523
a person has committed, or is about to commit, ~~such~~ a violation,	20524
the court shall grant an injunction, restraining order, or other	20525
appropriate relief. The superintendent, in making application to	20526
the court of common pleas for an order enjoining a person from	20527
acting as a registrant or mortgage loan originator in violation of	20528
division (A) or (E) of section 1321.52 of the Revised Code, may	20529
also seek and obtain civil penalties for that unregistered or	20530
unlicensed conduct in an amount not to exceed five thousand	20531
dollars per violation.	20532

~~(D)~~(E) In conducting an investigation pursuant to this	20533
section, the superintendent may compel, by subpoena, witnesses to	20534
testify in relation to any matter over which the superintendent	20535
has jurisdiction, and may require the production or photocopying	20536
of any book, record, or other document pertaining to such matter.	20537
If a person fails to file any statement or report, obey any	20538
subpoena, give testimony, produce any book, record, or other	20539
document as required by such a subpoena, or permit photocopying of	20540
any book, record, or other document subpoenaed, the court of	20541
common pleas of any county in this state, upon application made to	20542
it by the superintendent, shall compel obedience by attachment	20543
proceedings for contempt, as in the case of disobedience of the	20544
requirements of a subpoena issued from the court, or a refusal to	20545
testify therein.	20546

~~(E)~~(F) If the superintendent determines that a person is	20547
engaged in, or is believed to be engaged in, activities that may	20548
constitute a violation of sections 1321.51 to 1321.60 of the	20549
Revised Code or the rules adopted thereunder, the superintendent	20550
may, after notice and a hearing conducted in accordance with	20551
Chapter 119. of the Revised Code, issue a cease and desist order.	20552
The superintendent, in taking administrative action to enjoin a	20553
person from acting as a registrant or mortgage loan originator in	20554
violation of division (A) or (E) of section 1321.52 of the Revised	20555
Code, may also seek and impose fines for those violations in an	20556
amount not to exceed five thousand dollars per violation. Such an	20557
order shall be enforceable in the court of common pleas.	20558

(G) The superintendent shall regularly report violations of	20559
sections 1321.51 to 1321.60 of the Revised Code, as well as	20560
enforcement actions and other relevant information, to the	20561
nationwide mortgage licensing system and registry pursuant to	20562
division (E) of section 1321.55 of the Revised Code.	20563

(H)(1) To protect the public interest, the superintendent	20564
may, without a prior hearing, do any of the following:	20565

(a) Suspend the certificate of registration or license of a	20566
person who is convicted of or pleads guilty to a violation of	20567
sections 1321.51 to 1321.60 of the Revised Code or any criminal	20568
offense described in division (B)(1) of this section;	20569

(b) Suspend the certificate of registration of a registrant	20570
who violates division (F) of section 1321.533 of the Revised Code;	20571

(c) Suspend the certificate of registration or license of a	20572
person who fails to comply with a request made by the	20573
superintendent under this section or section 1321.55 of the	20574
Revised Code to inspect qualifying education transcripts located	20575
at the registrant's or licensee's place of business.	20576

(2) The superintendent may, in accordance with Chapter 119.	20577
of the Revised Code, subsequently revoke any registration or	20578
license suspended under division (H)(1) of this section.	20579

(3) The superintendent shall, in accordance with Chapter 119.	20580
of the Revised Code, adopt rules establishing the maximum amount	20581
of time a suspension under division (H)(1) of this section may	20582
continue before a hearing is conducted.	20583

Sec. 1321.55. (A) Every registrant shall keep records	20584
pertaining to loans made under sections 1321.51 to 1321.60 of the	20585
Revised Code. Such records shall be segregated from records	20586
pertaining to transactions that are not subject to these sections	20587
of the Revised Code. Every registrant shall preserve records	20588
pertaining to loans made under sections 1321.51 to 1321.60 of the	20589
Revised Code for at least ~~two~~four years after making the final	20590
entry on such records. Accounting systems maintained in whole or	20591
in part by mechanical or electronic data processing methods that	20592
provide information equivalent to that otherwise required are	20593
acceptable for this purpose. At least once each eighteen-month	20594
cycle, the division of financial institutions shall make or cause	20595
to be made an examination of records pertaining to loans made	20596
under sections 1321.51 to 1321.60 of the Revised Code, for the	20597
purpose of determining whether the registrant is complying with	20598
these sections and of verifying the registrant's annual report.	20599

(B)(1) As required by the superintendent of financial	20600
institutions, each registrant shall file with the division each	20601
year a report under oath or affirmation, on forms supplied by the	20602
division, concerning the business and operations for the preceding	20603
calendar year. Whenever a registrant operates two or more	20604
registered offices or whenever two or more affiliated registrants	20605
operate registered offices, then a composite report of the group	20606
of registered offices may be filed in lieu of individual reports.	20607

(2) The division shall publish annually an analysis of the	20608
information required under division (B)(1) of this section, but	20609
the individual reports shall not be public records and shall not	20610
be open to public inspection or otherwise subject to the	20611
provisions of section 149.43 of the Revised Code.	20612

(3) Each mortgage licensee shall submit to the nationwide	20613
mortgage licensing system and registry call reports or other	20614
reports of condition, which shall be in such form and shall	20615
contain such information as the nationwide mortgage licensing	20616
system and registry may require.	20617

(C) ~~All information obtained by the superintendent or the~~	20618
~~superintendent's deputies, examiners, assistants, agents, or~~	20619
~~clerks by reason of their official position, including information~~	20620
~~obtained by such persons from the annual report of a registrant or~~	20621
~~in the course of examining a registrant or investigating an~~	20622
~~applicant for a certificate, is privileged and confidential. All~~	20623
~~such information shall remain privileged and confidential for all~~	20624
~~purposes except when it is necessary for the superintendent and~~	20625
~~the superintendent's deputies, examiners, assistants, agents, or~~	20626
~~clerks to take official action regarding the affairs of the~~	20627
~~registrant or in connection with criminal proceedings. Such~~	20628
~~information may also be introduced into evidence or disclosed when~~	20629
~~and in the manner authorized in section 1181.25 of the Revised~~	20630
~~Code.~~	20631

~~(D) No person is in violation of sections 1321.51 to 1321.60~~	20632
~~of the Revised Code for any act taken or omission made in reliance~~	20633
~~on a written notice, interpretation, or examination report from~~	20634
~~the superintendent.~~	20635

~~(E) This section does not prevent the division from releasing~~	20636
~~to or exchanging with other financial institution regulatory~~	20637
~~authorities information relating to registrants.~~	20638

~~(F) For purposes of this section, "financial institution~~	20639
~~regulatory authority" includes a regulator of a business activity~~	20640
~~in which a registrant is engaged, or has applied to engage in, to~~	20641
~~the extent that the regulator has jurisdiction over a registrant~~	20642
~~engaged in that business activity. A registrant is engaged in a~~	20643
~~business activity, and a regulator of that business activity has~~	20644
~~jurisdiction over the registrant, whether the registrant conducts~~	20645
~~the activity directly or a subsidiary or affiliate of the~~	20646
~~registrant conducts the activity~~(1) The following information is	20647
confidential:	20648

(a) Examination information, and any information leading to	20649
or arising from an examination;	20650

(b) Investigation information, and any information arising	20651
from or leading to an investigation.	20652

(2) The information described in division (C)(1) of this	20653
section shall remain confidential for all purposes except when it	20654
is necessary for the superintendent to take official action	20655
regarding the affairs of a registrant or licensee, or in	20656
connection with criminal or civil proceedings to be initiated by a	20657
prosecuting attorney or the attorney general. This information may	20658
also be introduced into evidence or disclosed when and in the	20659
manner authorized by section 1181.25 of the Revised Code.	20660

(D) All application information, except social security	20661
numbers, employer identification numbers, financial account	20662
numbers, the identity of the institution where financial accounts	20663
are maintained, personal financial information, fingerprint cards	20664
and the information contained on such cards, and criminal	20665
background information, is a public record as defined in section	20666
149.43 of the Revised Code.	20667

(E) This section does not prevent the division of financial	20668
institutions from releasing to or exchanging with other financial	20669
institution regulatory authorities information relating to	20670
registrants and licensees. For this purpose, a "financial	20671
institution regulatory authority" includes a regulator of a	20672
business activity in which a registrant or licensee is engaged, or	20673
has applied to engage in, to the extent that the regulator has	20674
jurisdiction over a registrant or licensee engaged in that	20675
business activity. A registrant or licensee is engaged in a	20676
business activity, and a regulator of that business activity has	20677
jurisdiction over the registrant or licensee, whether the	20678
registrant or licensee conducts the activity directly or a	20679
subsidiary or affiliate of the registrant or licensee conducts the	20680
activity.	20681

(1) Any confidentiality or privilege arising under federal or	20682
state law with respect to any information or material provided to	20683
the nationwide mortgage licensing system and registry shall	20684
continue to apply to the information or material after the	20685
information or material has been provided to the nationwide	20686
mortgage licensing system and registry. The information and	20687
material so provided may be shared with all state and federal	20688
regulatory officials with mortgage industry oversight authority	20689
without the loss of confidentiality or privilege protections	20690
provided by federal law or the law of any state. Information or	20691
material described in division (E)(1) of this section to which	20692
confidentiality or privilege applies shall not be subject to any	20693
of the following:	20694

(a) Disclosure under any federal or state law governing	20695
disclosure to the public of information held by an officer or an	20696
agency of the federal government or of the respective state;	20697

(b) Subpoena or discovery, or admission into evidence, in any	20698
private civil action or administrative process, unless the person	20699
to whom such information or material pertains waives, in whole or	20700
in part and at the discretion of the person, any privilege held by	20701
the nationwide mortgage licensing system and registry with respect	20702
to that information or material.	20703

(2) The superintendent, in order to promote more effective	20704
regulation and reduce regulatory burden through supervisory	20705
information sharing, may enter into sharing arrangements with	20706
other governmental agencies, the conference of state bank	20707
supervisors, and the American association of residential mortgage	20708
regulators.	20709

(3) Any state law, including the public records law, relating	20710
to the disclosure of confidential supervisory information or any	20711
information or material described in division (E)(1) of this	20712
section that is inconsistent with that division shall be	20713
superseded by the requirements of that division.	20714

(F) This section shall not apply with respect to information	20715
or material relating to the employment history of, and publicly	20716
adjudicated disciplinary and enforcement actions against, mortgage	20717
loan originators that is included in the nationwide mortgage	20718
licensing system and registry for access by the public.	20719

(G) This section does not prevent the division from releasing	20720
information relating to registrants and licensees to the attorney	20721
general, to the superintendent of real estate and professional	20722
licensing for purposes relating to the administration of Chapters	20723
4735. and 4763. of the Revised Code, to the superintendent of	20724
insurance for purposes relating to the administration of Chapter	20725
3953. of the Revised Code, to the commissioner of securities for	20726
purposes relating to the administration of Chapter 1707. of the	20727
Revised Code, or to local law enforcement agencies and local	20728
prosecutors. Information the division releases pursuant to this	20729
section remains confidential.	20730

(H) The superintendent of financial institutions shall, by	20731
rule adopted in accordance with Chapter 119. of the Revised Code,	20732
establish a process by which mortgage loan originators may	20733
challenge information provided to the nationwide mortgage	20734
licensing system and registry by the superintendent.	20735

(I) No person, in connection with any examination or	20736
investigation conducted by the superintendent under sections	20737
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of	20738
the following:	20739

(1) Circumvent, interfere with, obstruct, or fail to	20740
cooperate, including making a false or misleading statement,	20741
failing to produce records, or intimidating or suborning any	20742
witness;	20743

(2) Withhold, abstract, remove, mutilate, destroy, or secrete	20744
any books, records, computer records, or other information;	20745

(3) Tamper with, alter, or manufacture any evidence.

20746

Sec. 1321.551. (A) No registrant shall conduct the business	20747
of making loans under sections 1321.51 to 1321.60 of the Revised	20748
Code in any office, room, or place of business in which any other	20749
business is solicited or engaged in, or in association or	20750
conjunction with any other such business, if the superintendent of	20751
financial institutions finds, pursuant to a hearing conducted in	20752
accordance with Chapter 119. of the Revised Code, that the other	20753
business is of such a nature that the conduct tends to conceal	20754
evasion of sections 1321.51 to 1321.60 of the Revised Code or of	20755
the rules adopted under those sections, and orders the registrant	20756
in writing to desist from the conduct.	20757

(B) The business of a mortgage loan originator shall	20758
principally be transacted at an office of the registrant with whom	20759
the licensee is employed or associated, which office is registered	20760
in accordance with division (A)(1) of section 1321.52 of the	20761
Revised Code. Each original mortgage loan originator license shall	20762
be deposited with and maintained at the registrant's main office.	20763
A copy of the mortgage loan originator license shall be maintained	20764
and displayed at the office where the mortgage loan originator	20765
principally transacts business.	20766

(C) If a mortgage loan originator's employment or association	20767
is terminated for any reason, the registrant shall return the	20768
original mortgage loan originator license to the superintendent	20769
within five business days after the termination. The licensee may	20770
request the transfer of the license to another registrant by	20771
submitting a transfer application, along with a fifteen dollar fee	20772
and any fee required by the national mortgage licensing system and	20773
registry, to the superintendent, or may request in writing that	20774
the superintendent hold the license in escrow. A licensee whose	20775
license is held in escrow shall cease activity as a mortgage loan	20776
originator. A licensee whose license is held in escrow shall be	20777
required to apply for renewal annually and to comply with the	20778
annual continuing education requirement.	20779

(D) A registrant may employ or be associated with a mortgage	20780
loan originator on a temporary basis pending the transfer of the	20781
mortgage loan originator's license to the registrant, if the	20782
registrant receives written confirmation from the superintendent	20783
that the mortgage loan originator is licensed under sections	20784
1321.51 to 1321.60 of the Revised Code.	20785

(E)(1) Notwithstanding divisions (B), (C), and (D) of this	20786
section, if a mortgage loan originator is employed by or	20787
associated with a person claiming an exception under division (D)	20788
of section 1321.53 of the Revised Code, the mortgage loan	20789
originator shall maintain and display the original mortgage loan	20790
originator license at the office where the mortgage loan	20791
originator principally transacts business.	20792

(2) If a mortgage loan originator's employment or association	20793
is terminated for any reason, the licensee shall return the	20794
original mortgage loan originator license to the superintendent	20795
within five business days after the termination. The licensee may	20796
request the transfer of the license to a mortgage broker or other	20797
person claiming an exception under division (D) of section 1321.53	20798
of the Revised Code by submitting a transfer application, along	20799
with a fifteen dollar fee and any fee required by the national	20800
mortgage licensing system and registry, to the superintendent, or	20801
may request the superintendent in writing to hold the license in	20802
escrow. A licensee whose license is held in escrow shall cease	20803
activity as a mortgage loan originator. A licensee whose license	20804
is held in escrow shall be required to apply for renewal annually	20805
and to comply with the annual continuing education requirement.	20806

(3) The licensee may seek to be employed or associated with a	20807
mortgage broker or other person claiming an exception under	20808
division (D) of section 1321.53 of the Revised Code if the	20809
mortgage broker or person receives written confirmation from the	20810
superintendent that the mortgage loan originator is licensed under	20811
sections 1321.51 to 1321.60 of the Revised Code.	20812

(F)(1) No registrant, through its operations manager or	20813
otherwise, shall fail to reasonably supervise a mortgage loan	20814
originator or other persons employed by or associated with the	20815
registrant.	20816

(2) No registrant shall fail to establish reasonable	20817
procedures designed to avoid violations of sections 1321.51 to	20818
1321.60 of the Revised Code or rules adopted thereunder, or	20819
violations of applicable state and federal consumer and lending	20820
laws or rules, by mortgage loan originators or other persons	20821
employed by or associated with the registrant.	20822

(G) A license, or the authority granted under that license,	20823
is not assignable and cannot be franchised by contract or any	20824
other means.	20825

Sec. 1321.552. (A) Notwithstanding any provision of sections	20826
1321.51 to 1321.60 of the Revised Code, or any rule adopted	20827
thereunder, if the "Secure and Fair Enforcement for Mortgage	20828
Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101, as	20829
amended, is modified after the effective date of this section, or	20830
any regulation, statement, or position is adopted under that act,	20831
and the item modified or adopted affects any matter within the	20832
scope of sections 1321.51 to 1321.60 of the Revised Code, the	20833
superintendent of financial institutions may by rule adopt a	20834
similar provision.	20835

(B) The superintendent shall adopt the rules authorized by	20836
this section in accordance with section 111.15 of the Revised	20837
Code. Chapter 119. of the Revised Code does not apply to rules	20838
adopted under the authority of this section.	20839

(C) A rule adopted by the superintendent under the authority	20840
of this section is effective on the later of the following dates:	20841

(1) The date the superintendent issues the rule;

20842

(2) The date the regulation, rule, interpretation, procedure,	20843
or guideline the superintendent's rule is based on becomes	20844
effective.	20845

(D) The superintendent may, upon thirty days' written notice,	20846
revoke any rule adopted under the authority of this section. A	20847
rule adopted under the authority of this section, and not revoked	20848
by the superintendent, lapses and has no further force and effect	20849
eighteen months after the rule's effective date.	20850

Sec. 1321.57. (A) Notwithstanding any other provisions of	20851
the Revised Code, a registrant may contract for and receive	20852
interest, calculated according to the actuarial method, at a rate	20853
or rates not exceeding twenty-one per cent per year on the unpaid	20854
principal balances of the loan. Loans may be interest-bearing or	20855
precomputed.	20856

(B) For purposes of computation of time on interest-bearing	20857
and precomputed loans, including, but not limited to, the	20858
calculation of interest, a month is considered one-twelfth of a	20859
year, and a day is considered one three hundred sixty-fifth of a	20860
year when calculation is made for a fraction of a month. A year is	20861
as defined in section 1.44 of the Revised Code. A month is that	20862
period described in section 1.45 of the Revised Code.	20863
Alternatively, a registrant may consider a day as one three	20864
hundred sixtieth of a year and each month as having thirty days.	20865

20866

(1)(a) Interest shall be computed on unpaid principal	20867
balances outstanding from time to time, for the time outstanding.	20868

(b) As an alternative to the method of computing interest set	20869
forth in division (C)(1)(a) of this section, a registrant may	20870
charge and collect interest for the first installment period based	20871
on elapsed time from the date of the loan to the first scheduled	20872
payment due date, and for each succeeding installment period from	20873
the scheduled payment due date to the next scheduled payment due	20874
date, regardless of the date or dates the payments are actually	20875
made.	20876

(c) Whether a registrant computes interest pursuant to	20877
division (C)(1)(a) or (b) of this section, each payment shall be	20878
applied first to unpaid charges, then to interest, and the	20879
remainder to the unpaid principal balance. However, if the amount	20880
of the payment is insufficient to pay the accumulated interest,	20881
the unpaid interest continues to accumulate to be paid from the	20882
proceeds of subsequent payments and is not added to the principal	20883
balance.	20884

(2) Interest shall not be compounded, collected, or paid in	20885
advance. However, both of the following apply:	20886

(a) Interest may be charged to extend the first monthly	20887
installment period by not more than fifteen days, and the interest	20888
charged for the extension may be added to the principal amount of	20889
the loan.	20890

(b) If part or all of the consideration for a new loan	20891
contract is the unpaid principal balance of a prior loan, the	20892
principal amount payable under the new loan contract may include	20893
any unpaid interest that has accrued. The resulting loan contract	20894
shall be deemed a new and separate loan transaction for purposes	20895
of this section. The unpaid principal balance of a precomputed	20896
loan is the balance due after refund or credit of unearned	20897
interest as provided in division (D)(3) of this section.	20898

(D) With respect to precomputed loans:

20899

(1) Loans shall be repayable in monthly installments of	20900
principal and interest combined, except that the first installment	20901
period may exceed one month by not more than fifteen days, and the	20902
first installment payment amount may be larger than the remaining	20903
payments by the amount of interest charged for the extra days; and	20904
provided further that monthly installment payment dates may be	20905
omitted to accommodate borrowers with seasonal income.	20906

(2) Payments may be applied to the combined total of	20907
principal and precomputed interest until maturity of the loan. A	20908
registrant may charge interest after the original or deferred	20909
maturity of a precomputed loan at the rate specified in division	20910
(A) of this section on all unpaid principal balances for the time	20911
outstanding.	20912

(3) When any loan contract is paid in full by cash, renewal,	20913
refinancing, or a new loan, one month or more before the final	20914
installment due date, the registrant shall refund, or credit the	20915
borrower with, the total of the applicable charges for all fully	20916
unexpired installment periods, as originally scheduled or as	20917
deferred, that follow the day of prepayment. If the prepayment is	20918
made other than on a scheduled installment due date, the nearest	20919
scheduled installment due date shall be used in such computation.	20920
If the prepayment occurs prior to the first installment due date,	20921
the registrant may retain one-thirtieth of the applicable charge	20922
for a first installment period of one month for each day from date	20923
of loan to date of prepayment, and shall refund, or credit the	20924
borrower with, the balance of the total interest contracted for.	20925
If the maturity of the loan is accelerated for any reason and	20926
judgment is entered, the registrant shall credit the borrower with	20927
the same refund as if prepayment in full had been made on the date	20928
the judgment is entered.	20929

(4) If the parties agree in writing, either in the loan	20930
contract or in a subsequent agreement, to a deferment of wholly	20931
unpaid installments, a registrant may grant a deferment and may	20932
collect a deferment charge as provided in this section. A	20933
deferment postpones the scheduled due date of the earliest unpaid	20934
installment and all subsequent installments as originally	20935
scheduled, or as previously deferred, for a period equal to the	20936
deferment period. The deferment period is that period during which	20937
no installment is scheduled to be paid by reason of the deferment.	20938
The deferment charge for a one-month period may not exceed the	20939
applicable charge for the installment period immediately following	20940
the due date of the last undeferred installment. A proportionate	20941
charge may be made for deferment for periods of more or less than	20942
one month. A deferment charge is earned pro rata during the	20943
deferment period and is fully earned on the last day of the	20944
deferment period. If a loan is prepaid in full during a deferment	20945
period, the registrant shall make, or credit to the borrower, a	20946
refund of the unearned deferment charge in addition to any other	20947
refund or credit made for prepayment of the loan in full.	20948

(E) A registrant, at the request of the borrower, may obtain,	20949
on one or more borrowers, credit life insurance, credit accident	20950
and health insurance, and unemployment insurance. The premium or	20951
identifiable charge for the insurance may be included in the	20952
principal amount of the loan and may not exceed the premium rate	20953
filed by the insurer with the superintendent of insurance and not	20954
disapproved by the superintendent. If a registrant obtains the	20955
insurance at the request of the borrower, the borrower shall have	20956
the right to cancel the insurance for a period of twenty-five days	20957
after the loan is made. If the borrower chooses to cancel the	20958
insurance, the borrower shall give the registrant written notice	20959
of this choice and shall return all of the policies or	20960
certificates of insurance or notices of proposed insurance to the	20961
registrant during such period, and the full premium or	20962
identifiable charge for the insurance shall be refunded to the	20963
borrower by the registrant. If the borrower requests, in the	20964
notice to cancel the insurance, that this refund be applied to	20965
reduce the balance of a precomputed loan, the registrant shall	20966
credit the amount of the refund plus the amount of interest	20967
applicable to the refund to the loan balance.	20968

If the registrant obtains the insurance at the request of the	20969
borrower, the registrant shall not charge or collect interest on	20970
any insured amount that remains unpaid after the insured	20971
borrower's date of death.	20972

(F) A registrant may require the borrower to provide	20973
insurance or a loss payable endorsement covering reasonable risks	20974
of loss, damage, and destruction of property used as security for	20975
the loan and with the consent of the borrower such insurance may	20976
cover property other than that which is security for the loan. The	20977
amount and term of required property insurance shall be reasonable	20978
in relation to the amount and term of the loan contract and the	20979
type and value of the security, and the insurance shall be	20980
procured in accordance with the insurance laws of this state. The	20981
purchase of this insurance through the registrant or an agent or	20982
broker designated by the registrant shall not be a condition	20983
precedent to the granting of the loan. If the borrower purchases	20984
the insurance from or through the registrant or from another	20985
source, the premium may be included in the principal amount of the	20986
loan.	20987

(G) On loans secured by an interest in real estate, all of	20988
the following apply:	20989

(1) A registrant, if not prohibited by section 1343.011 of	20990
the Revised Code, may charge and receive up to two points, and a	20991
prepayment penalty not in excess of one per cent of the original	20992
principal amount of the loan. Points may be paid by the borrower	20993
at the time of the loan or may be included in the principal amount	20994
of the loan. On a refinancing, a registrant may not charge under	20995
division (G)(1) of this section either of the following:	20996

(a) Points on the portion of the principal amount that is	20997
applied to the unpaid principal amount of the refinanced loan, if	20998
the refinancing occurs within one year after the date of the	20999
refinanced loan on which points were charged;	21000

(b) A prepayment penalty.

21001

(2) As an alternative to the prepayment penalty described in	21002
division (G)(1) of this section, a registrant may contract for,	21003
charge, and receive the prepayment penalty described in division	21004
(G)(2) of this section for the prepayment of a loan prior to two	21005
years after the date the loan contract is executed. This	21006
prepayment penalty shall not exceed two per cent of the original	21007
principal amount of the loan if the loan is paid in full prior to	21008
one year after the date the loan contract is executed. The penalty	21009
shall not exceed one per cent of the original principal amount of	21010
the loan if the loan is paid in full at any time from one year,	21011
but prior to two years, after the date the loan contract is	21012
executed. A registrant shall not charge or receive a prepayment	21013
penalty under division (G)(2) of this section if any of the	21014
following applies:	21015

(a) The loan is a refinancing by the same registrant or a	21016
registrant to whom the loan has been assigned;	21017

(b) The loan is paid in full as a result of the sale of the	21018
real estate that secures the loan;	21019

(c) The loan is paid in full with the proceeds of an	21020
insurance claim against an insurance policy that insures the life	21021
of the borrower or an insurance policy that covers loss, damage,	21022
or destruction of the real estate that secures the loan.	21023

(3) Division (G) of this section is not a limitation on	21024
discount points or other charges for purposes of section 501(b)(4)	21025
of the "Depository Institutions Deregulation and Monetary Control	21026
Act of 1980," 94 Stat. 161, 12 U.S.C.A. 1735f-7 note.	21027

(H)(1) In addition to the interest and charges provided for	21028
by this section, no further or other amount, whether in the form	21029
of broker fees, placement fees, or any other fees whatsoever,	21030
shall be charged or received by the registrant, except costs and	21031
disbursements in connection with any suit to collect a loan or any	21032
lawful activity to realize on a security interest or mortgage	21033
after default, including reasonable attorney fees, as limited by	21034
division (H)(3) of this section, incurred by the registrant as a	21035
result of the suit or activity and to which the registrant	21036
becomes entitled by law, and except the following additional	21037
charges which may be included in the principal amount of the loan	21038
or collected at any time after the loan is made:	21039

(a) The amounts of fees authorized by law to record, file, or	21040
release security interests and mortgages on a loan;	21041

(b) With respect to a loan secured by an interest in real	21042
estate, the following closing costs, if they are bona fide,	21043
reasonable in amount, paid to third parties, and not for the	21044
purpose of circumvention or evasion of this section:	21045

(i) Fees or premiums for title examination, abstract of	21046
title, title insurance, surveys, title endorsements, title	21047
binders, title commitments, home inspections, or pest inspections;	21048
settlement or closing costs paid by unaffiliated third parties,	21049
provided the costs are not for underwriting or processing	21050
services; courier fees; and any federally mandated flood plain	21051
certification fee;	21052

(ii) If not paid to the registrant, an employee of the	21053
registrant, or a person ~~related to~~affiliated with the registrant,	21054
fees for preparation of a mortgage, settlement statement, or other	21055
documents, fees for notarizing mortgages and other documents,	21056
appraisal fees, and fees for any federally mandated inspection of	21057
home improvement work financed by a second mortgage loan;	21058

21059

(2) Division (H)(1) of this section does not limit the rights	21060
of registrants to engage in other transactions with borrowers,	21061
provided the transactions are not a condition of the loan.	21062

(I) If the loan contract or security instrument contains	21063
covenants by the borrower to perform certain duties pertaining to	21064
insuring or preserving security and the registrant pursuant to the	21065
loan contract or security instrument pays for performance of the	21066
duties on behalf of the borrower, the registrant may add the	21067
amounts paid to the unpaid principal balance of the loan or	21068
collect them separately. A charge for interest may be made for	21069
sums advanced not exceeding the rate of interest permitted by	21070
division (A) of this section. Within a reasonable time after	21071
advancing a sum, the registrant shall notify the borrower in	21072
writing of the amount advanced, any interest charged with respect	21073
to the amount advanced, any revised payment schedule, and shall	21074
include a brief description of the reason for the advance.	21075

(J)(1) In addition to points authorized under division (G) of	21076
this section, a registrant may charge and receive the following:	21077

(a) With respect to ~~secured~~ loans secured by goods or real	21078
estate: if the principal amount of the loan is ~~less than~~ five	21079
hundred dollars or less, loan origination charges not exceeding	21080
fifteen dollars; if the principal amount of the loan is ~~at least~~	21081
more than five hundred dollars but less than one thousand	21082
dollars, loan origination charges not exceeding thirty dollars;	21083
if the principal amount of the loan is at least one thousand	21084
dollars but less than two thousand dollars, loan origination	21085
charges not exceeding one hundred dollars; if the principal	21086
amount of the loan is at least two thousand dollars but less than	21087
five thousand dollars, loan origination charges not exceeding two	21088
hundred dollars; and if the principal amount of the loan is at	21089
least five thousand dollars, loan origination charges not	21090
exceeding the greater of two hundred fifty dollars or one per	21091
cent of the principal amount of the loan.	21092

(b) With respect to ~~unsecured~~ loans that are not secured by	21093
goods or real estate: if the principal amount of the loan is ~~less~~	21094
~~than~~ five hundred dollars or less, loan origination charges not	21095
exceeding fifteen dollars; if the principal amount of the loan is	21096
~~at least~~more than five hundred dollars but less than one	21097
thousand dollars, loan origination charges not exceeding thirty	21098
dollars; if the principal amount of the loan is at least one	21099
thousand dollars but less than five thousand dollars, loan	21100
origination charges not exceeding one hundred dollars; and if the	21101
principal amount of the loan is at least five thousand dollars,	21102
loan origination charges not exceeding the greater of two hundred	21103
fifty dollars or one per cent of the principal amount of the loan.	21104

(2) If a refinancing occurs within ninety days after the date	21105
of the refinanced loan, a registrant may not impose loan	21106
origination charges on the portion of the principal amount that is	21107
applied to the unpaid principal amount of the refinanced loan.	21108

(3) Loan origination charges may be paid by the borrower at	21109
the time of the loan or may be included in the principal amount of	21110
the loan.	21111

(K) A registrant may charge and receive check collection	21112
charges not greater than twenty dollars plus any amount passed on	21113
from other ~~financial~~depository institutions for each check,	21114
negotiable order of withdrawal, share draft, or other negotiable	21115
instrument returned or dishonored for any reason.	21116

(L) If the loan contract so provides, a registrant may	21117
collect a default charge on any installment not paid in full	21118
within ten days after its due date. For this purpose, all	21119
installments are considered paid in the order in which they become	21120
due. Any amounts applied to an outstanding loan balance as a	21121
result of voluntary release of a security interest, sale of	21122
security on the loan, or cancellation of insurance shall be	21123
considered payments on the loan, unless the parties otherwise	21124
agree in writing at the time the amounts are applied. The amount	21125
of the default charge shall not exceed the greater of five per	21126
cent of the scheduled installment or fifteen dollars.	21127

Sec. 1321.59. (A) No registrant under sections 1321.51 to	21128
1321.60 of the Revised Code shall permit any borrower to be	21129
indebted for a loan made under sections 1321.51 to 1321.60 of the	21130
Revised Code at any time while the borrower is also indebted to an	21131
affiliate or agent of the registrant for a loan made under	21132
sections 1321.01 to 1321.19 of the Revised Code for the purpose or	21133
with the result of obtaining greater charges than otherwise would	21134
be permitted by sections 1321.51 to 1321.60 of the Revised Code.	21135

(B) No registrant shall induce or permit any person to become	21136
obligated to the registrant under sections 1321.51 to 1321.60 of	21137
the Revised Code, directly or contingently, or both, under more	21138
than one contract of loan at the same time for the purpose or with	21139
the result of obtaining greater charges than would otherwise be	21140
permitted by sections 1321.51 to 1321.60 of the Revised Code.	21141

(C) No registrant shall refuse to provide information	21142
regarding the amount required to pay in full a loan under sections	21143
1321.51 to 1321.60 of the Revised Code when requested by the	21144
borrower or by another person designated in writing by the	21145
borrower.	21146

(D) On any loan or application for a loan under sections	21147
1321.51 to 1321.60 of the Revised Code secured by a mortgage on a	21148
borrower's real estate which is other than a first lien on the	21149
real estate, no person shall pay or receive, directly or	21150
indirectly, fees or any other type of compensation for services of	21151
a mortgage broker that, in the aggregate, exceed the lesser of one	21152
thousand dollars or one per cent of the principal amount of the	21153
loan.	21154

(E) No registrant or licensee shall obtain a certificate of	21155
registration or license through any false or fraudulent	21156
representation of a material fact or any omission of a material	21157
fact required by state or federal law, or make any substantial	21158
misrepresentation in the registration or license application.	21159

(F) No registrant or licensee shall make false or misleading	21160
statements of a material fact, omissions of statements required by	21161
state or federal law, or false promises regarding a material fact,	21162
through advertising or other means, or engage in a continued	21163
course of misrepresentations.	21164

(G) No registrant, licensee, or person making residential	21165
mortgage loans without a certificate of registration in violation	21166
of division (A) of section 1321.52 of the Revised Code, shall	21167
engage in conduct that constitutes improper, fraudulent, or	21168
dishonest dealings.	21169

(H) No registrant, licensee, or applicant shall fail to	21170
notify the division of financial institutions within thirty days	21171
after any of the following:	21172

(1) Been convicted of or pleading guilty to a felony offense	21173
in a domestic, foreign, or military court;	21174

(2) Been convicted of or pleading guilty to any criminal	21175
offense involving theft, receiving stolen property, embezzlement,	21176
forgery, fraud, passing bad checks, money laundering, breach of	21177
trust, dishonesty, or drug trafficking, or any criminal offense	21178
involving money or securities, in a domestic, foreign, or military	21179
court;	21180

(3) Having a mortgage lender registration or mortgage loan	21181
originator license, or comparable authority, revoked in any	21182
governmental jurisdiction.	21183

(I) No registrant or licensee shall knowingly make, propose,	21184
or solicit fraudulent, false, or misleading statements on any	21185
mortgage document or on any document related to a mortgage loan,	21186
including a mortgage application, real estate appraisal, or real	21187
estate settlement or closing document. For purposes of this	21188
division, "fraudulent, false, or misleading statements" does not	21189
include mathematical errors, inadvertent transposition of numbers,	21190
typographical errors, or any other bona fide error.	21191

(J) No registrant or licensee shall knowingly instruct,	21192
solicit, propose, or otherwise cause a borrower to sign in blank a	21193
loan related document.	21194

(K) No registrant or licensee shall knowingly compensate,	21195
instruct, induce, coerce, or intimidate, or attempt to compensate,	21196
instruct, induce, coerce, or intimidate, a person licensed or	21197
certified as an appraiser under Chapter 4763. of the Revised Code	21198
for the purpose of corrupting or improperly influencing the	21199
independent judgment of the person with respect to the value of	21200
the dwelling offered as security for repayment of a mortgage loan.	21201

(L) No registrant or licensee shall retain original documents	21202
provided to the registrant or licensee by the borrower in	21203
connection with the residential mortgage loan application,	21204
including income tax returns, account statements, or other	21205
financial related documents.	21206

(M) No registrant or licensee shall receive, directly or	21207
indirectly, a premium on the fees charged for services performed	21208
by a bona fide third party.	21209

(N) No registrant or licensee shall pay or receive, directly	21210
or indirectly, a referral fee or kickback of any kind to or from a	21211
bona fide third party or other party with a related interest in	21212
the transaction, including a home improvement builder, real estate	21213
developer, or real estate broker or agent, for the referral of	21214
business.	21215

Sec. 1321.591. (A) No registrant or licensee shall use	21216
unfair, deceptive, or unconscionable means to collect or attempt	21217
to collect any claim.	21218

(B) Conduct or activities deemed to violate division (A) of	21219
this section include, but are not limited to, the following:	21220

(1) Collecting or attempting to collect any interest or other	21221
charge, fee, or expense incidental to the principal obligation,	21222
unless the interest or other fee, charge, or expense is expressly	21223
authorized by the agreement creating the obligation and by law;	21224

(2) Communicating with a consumer whenever it is known that	21225
the consumer is represented by an attorney and the attorney's name	21226
and address are known, or could be easily ascertained, unless the	21227
attorney fails to answer correspondence, return phone calls, or	21228
discuss the obligation in question or unless the attorney consents	21229
to direct communication with the consumer;	21230

(3) Placing a telephone call or otherwise communicating by	21231
telephone with a consumer or third party at any location,	21232
including a place of employment, and falsely stating that the call	21233
is urgent or an emergency;	21234

(4) Using profane or obscene language or language that is	21235
intended to unreasonably abuse the listener or reader;	21236

(5) Placing telephone calls without disclosure of the	21237
caller's identity and with the intent to annoy, harass, or	21238
threaten any person at the number called;	21239

(6) Causing expense to any person in the form of long	21240
distance telephone tolls, text messaging fees, or other charges	21241
incurred by a form of communication, by concealing the true	21242
purpose of the communication;	21243

(7) Causing a telephone to ring or engaging any person in	21244
telephone conversation repeatedly or continuously, or at unusual	21245
times or at times known to be inconvenient, with the intent to	21246
annoy, abuse, oppress, or threaten any person at the called	21247
number.	21248

Sec. 1321.592. (A) In connection with providing a	21249
non-brokered loan secured by a lien on real property, a registrant	21250
or licensee shall, not earlier than three business days nor later	21251
than twenty-four hours before the loan is closed, deliver to the	21252
borrower a written disclosure that includes the following:	21253

(1) A statement indicating whether property taxes will be	21254
escrowed;	21255

(2) A description of what is covered by the regular monthly	21256
payment, including principal, interest, taxes, and insurance, as	21257
applicable.	21258

(B) If a residential mortgage loan applied for will exceed	21259
ninety per cent of the value of the real property, the registrant	21260
shall provide a statement to the borrower within three business	21261
days after taking the loan application, printed in boldface type	21262
of the minimum size of sixteen points, as follows: "You are	21263
applying for a loan that is more than 90% of your home's value. It	21264
will be hard for you to refinance this loan. If you sell your	21265
home, you might owe more money on the loan than you get from the	21266
sale."	21267

(C) No registrant or licensee shall fail to comply with this	21268
section.	21269

Sec. 1321.593. (A) A registrant, licensee, and any person	21270
required to be registered or licensed under sections 1321.51 to	21271
1321.60 of the Revised Code, in addition to duties imposed by	21272
other statutes or common law, shall do all of the following:	21273

(1) Safeguard and account for any money handled for the	21274
borrower;	21275

(2) Follow reasonable and lawful instructions from the	21276
borrower;	21277

(3) Act with reasonable skill, care, and diligence;

21278

(4) Act in good faith and with fair dealing in any	21279
transaction, practice, or course of business in connection with	21280
making or originating any loan under sections 1321.51 to 1321.60	21281
of the Revised Code;	21282

(5) In connection with providing a loan secured by a lien on	21283
real property, make reasonable efforts to provide a residential	21284
mortgage loan with rates, charges, and repayment terms that are	21285
advantageous to the borrower.	21286

(B) Division (A) of this section shall not apply to wholesale	21287
lenders. However, wholesale lender registrants are subject to all	21288
other requirements applicable to registrants. For purposes of this	21289
division, "wholesale lender" means a company that has been issued	21290
a certificate of registration and that enters into transactions	21291
with borrowers exclusively through unaffiliated third-party	21292
mortgage brokers or lenders.	21293

(C) The duties and standards of care created in this section	21294
cannot be waived or modified.	21295

(D)(1) A borrower injured by a failure to comply with this	21296
section may bring an action for recovery of damages.	21297

(2) Damages awarded under division (D)(1) of this section	21298
shall not be less than all compensation paid directly or	21299
indirectly to a registrant from any source, plus reasonable	21300
attorney's fees and court costs.	21301

(3) The borrower may be awarded punitive damages.

21302

(E) A borrower injured by a failure to comply with this	21303
section is precluded from recovering any damages, attorney's fees,	21304
or costs, if the borrower has already recovered those damages,	21305
fees, or costs in a cause of action initiated under any other	21306
provision of sections 1321.51 to 1321.60 of the Revised Code and	21307
the recovery of damages for a failure to comply with this section	21308
is based on the same acts or circumstances as the recovery of	21309
damages under the other provision.	21310

Sec. 1321.594. (A) In connection with making a non-brokered	21311
residential mortgage, no registrant or licensee shall fail to do	21312
either of the following:	21313

(1) Timely inform the borrower of any material change in the	21314
terms of the residential mortgage loan. For purposes of division	21315
(A) (1) of this section, "material change" means the following:	21316

(a) A change in the type of residential mortgage loan being	21317
offered, such as a fixed or variable rate loan or a loan with a	21318
balloon payment;	21319

(b) A change in the term of the loan, as reflected in the	21320
number of monthly payments due before a final payment is scheduled	21321
to be made;	21322

21323

(d) A change in the regular total monthly payment, including	21324
principal, interest, any required mortgage insurance, and any	21325
escrowed taxes or property insurance, of more than five per cent;	21326

(e) A change regarding whether the escrow of taxes or	21327
insurance will be required;	21328

(f) A change regarding whether private mortgage insurance	21329
will be required.	21330

(2) Timely inform the borrower if any fees payable by the	21331
borrower to the licensee, registrant, or lender increase by more	21332
than ten per cent or one hundred dollars, whichever is greater.	21333

(B) The disclosures required by this section shall be deemed	21334
timely if the registrant or licensee provides the borrower with	21335
the revised information not later than twenty-four hours after the	21336
change occurs, or twenty-four hours before the loan is closed,	21337
whichever is earlier.	21338

(C) If an increase in the total amount of the fee to be paid	21339
by the borrower to the registrant or licensee is not disclosed in	21340
accordance with division (A)(2) of this section, the registrant or	21341
licensees shall refund to the borrower the amount by which the fee	21342
was increased. If the fee is financed into the loan, the	21343
registrant or licensee shall also refund to the borrower the	21344
interest that would accrue over the term of the loan on that	21345
excess amount.	21346

Sec. 1321.595. (A)(1) A borrower injured by a violation of	21347
or failure to comply with section 1321.59, 1321.592, 1321.594, or	21348
1321.60 of the Revised Code may bring an action for the recovery	21349
of damages.	21350

(2) Damages awarded under division (A)(1) of this section	21351
shall not be less than all compensation paid directly and	21352
indirectly to a lender or mortgage loan originator from any	21353
source, plus reasonable attorney's fees and court costs.	21354

(3) The borrower may be awarded punitive damages.

21355

(B) Nothing in this section prevents the recovery of damages	21356
under division (D) or (G) of section 1321.52, section 1321.56, or	21357
section 1321.593 of the Revised Code.	21358

(C) A borrower injured by a violation of or failure to comply	21359
with any of the sections specified in division (A)(1) of this	21360
section is precluded from recovering any damages, plus reasonable	21361
attorney's fees and costs, if the borrower has also recovered any	21362
damages in a cause of action initiated under section 1321.593 of	21363
the Revised Code and the recovery of damages for a violation of or	21364
failure to comply with any of the sections specified in division	21365
(A)(1) of this section is based on the same acts or circumstances	21366
as the recovery of damages under division (D) or (G) of section	21367
1321.52, section 1321.56, or section 1321.593 of the Revised Code.	21368

Sec. 1321.60. (A)(1) Advertising for loans subject to	21369
sections 1321.51 to 1321.60 of the Revised Code shall not be	21370
false, misleading, or deceptive.	21371

(2) False, misleading, or deceptive advertising includes, but	21372
is not limited to, the following:	21373

(a) Any advertisement indicating that special terms, reduced	21374
rates, guaranteed rates, particular rates, or any other special	21375
feature of mortgage loans is available unless the advertisement	21376
clearly states any limitations that apply;	21377

(b) Any advertisement containing a rate or special fee offer	21378
that is not a bona fide available rate or fee.	21379

(B) In making any advertisement, a registrant shall comply	21380
with 12 C.F.R. 226.16, as amended.	21381

Sec. 1321.99. (A) Whoever violates section 1321.02 of the	21382
Revised Code is guilty of a felony of the fifth degree.	21383

(B) Whoever violates section 1321.13 of the Revised Code	21384
shall be fined not less than one hundred nor more than five	21385
hundred dollars or imprisoned not more than six months, or both.	21386

(C) Whoever violates section 1321.14 of the Revised Code	21387
shall be fined not less than fifty nor more than two hundred	21388
dollars for a first offense; for a second offense such person	21389
shall be fined not less than two hundred nor more than five	21390
hundred dollars and imprisoned for not more than six months.	21391

(D) Whoever willfully violates section 1321.57, 1321.58,	21392
division (A), (B), (C), or (D) of section 1321.59, 1321.591, or	21393
1321.60 of the Revised Code is guilty of a minor misdemeanor and	21394
shall be fined not less than one nor more than five hundred	21395
dollars.	21396

(E) Whoever violates section 1321.52 or division (I), (J),	21397
(K), (L), or (M) of section 1321.59 of the Revised Code is guilty	21398
of a felony of the fifth degree.	21399

(F) Whoever violates division (A) of section 1321.73 of the	21400
Revised Code shall be fined not more than five hundred dollars or	21401
imprisoned not more than six months, or both.	21402

(G) Whoever violates section 1321.41 of the Revised Code is	21403
guilty of a misdemeanor of the first degree.	21404

(H) Whoever violates division (N) of section 1321.59 of the	21405
Revised Code is guilty of a felony of the fourth degree.	21406

(I) The imposition of fines pursuant to this section does not	21407
preclude the imposition of any administrative fines or civil	21408
penalties authorized under section 1321.54 or any other section of	21409
the Revised Code.	21410

Sec. 1322.01. As used in sections 1322.01 to 1322.12 of the	21411
Revised Code:	21412

(A) "Buyer" means an individual who is solicited to purchase	21413
or who purchases the services of a mortgage broker for purposes	21414
~~other than~~of obtaining a ~~business~~residential mortgage loan as	21415
~~described in division (B)(6) of section 1343.01 of the Revised~~	21416
~~Code~~.	21417

(B) "Consumer reporting agency" has the same meaning as in	21418
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a,	21419
as amended.	21420

(C) "Employee" means an individual for whom a mortgage	21421
broker, in addition to providing a wage or salary, pays social	21422
security and unemployment taxes, provides workers' compensation	21423
coverage, and withholds local, state, and federal income taxes.	21424
"Employee" also includes any ~~shareholder, member, or partner of a~~	21425
~~registrant~~individual who acts as a loan ~~officer~~originator or	21426
operations manager of ~~the~~a registrant, but for whom the	21427
registrant is prevented by law from making income tax	21428
withholdings.	21429

(D) "Licensee" means any ~~person that~~individual who has been	21430
issued a loan ~~officer~~originator license under sections 1322.01 to	21431
1322.12 of the Revised Code.	21432

(E)(1) "Loan ~~officer~~originator" means an ~~employee~~individual	21433
who ~~originates mortgage loans in consideration of direct~~for	21434
compensation or ~~indirect~~ gain, ~~profit, fees, or charges. "Loan~~	21435
~~officer" also includes an employee who solicits financial and~~	21436
~~mortgage information from the public for sale to another mortgage~~	21437
~~broker~~or in anticipation of compensation or gain, does any of the	21438
following:	21439

(a) Takes or offers to take a residential mortgage loan	21440
application;	21441

(b) Assists or offers to assist a buyer in obtaining or	21442
applying to obtain a residential mortgage loan by, among other	21443
things, advising on loan terms, including rates, fees, and other	21444
costs;	21445

(c) Offers or negotiates terms of a residential mortgage	21446
loan;	21447

(d) Issues or offers to issue a commitment for a residential	21448
mortgage loan to a buyer.	21449

(2) "Loan originator" does not include any of the following:

21450

(a) An individual who performs purely administrative or	21451
clerical tasks on behalf of a loan originator;	21452

(b) A person licensed under Chapter 4735. of the Revised	21453
Code, or under the similar law of another state, who performs only	21454
real estate brokerage activities permitted by that license,	21455
provided the person is not compensated by a mortgage lender,	21456
mortgage broker, loan originator, or by any agent thereof;	21457

(c) A person solely involved in extensions of credit relating	21458
to timeshare plans, as that term is defined in 11 U.S.C. 101 in	21459
effect on January 1, 2008;	21460

(d) An employee of a registrant who acts solely as a loan	21461
processor or underwriter and who does not represent to the public,	21462
through advertising or other means of communicating, including the	21463
use of business cards, stationery, brochures, signs, rate lists,	21464
or other promotional items, that the employee can or will perform	21465
any of the activities of a loan originator;	21466

(e) A mortgage loan originator licensed under sections	21467
1321.51 to 1321.60 of the Revised Code, when acting solely under	21468
that authority;	21469

(f) A licensed attorney who negotiates the terms of a	21470
residential mortgage loan on behalf of a client as an ancillary	21471
matter to the attorney's representation of the client, unless the	21472
attorney is compensated by a lender, a mortgage broker, or another	21473
loan originator, or by any agent thereof;	21474

(g) Any person engaged in the retail sale of manufactured or	21475
mobile homes if, in connection with obtaining financing by others	21476
for those retail sales, the person only assists the borrower by	21477
providing or transmitting the loan application and does not do any	21478
of the following:	21479

(i) Offer or negotiate the residential mortgage loan rates or	21480
terms;	21481

(ii) Provide any counseling with borrowers about residential	21482
mortgage loan rates or terms;	21483

(iii) Receive any payment or fee from any company or	21484
individual for assisting the borrower obtain or apply for	21485
financing to purchase the manufactured or mobile home;	21486

(iv) Assist the borrower in completing a residential mortgage	21487
loan application.	21488

(F) "Mortgage" means any indebtedness secured by a deed of	21489
trust, security deed, or other lien on real property.	21490

(G)(1) "Mortgage broker" means any of the following:

21491

~~(1)~~(a) A person that holds that person out as being able to	21492
assist a buyer in obtaining a mortgage and charges or receives	21493
from either the buyer or lender money or other valuable	21494
consideration readily convertible into money for providing this	21495
assistance;	21496

~~(2)~~(b) A person that solicits financial and mortgage	21497
information from the public, provides that information to a	21498
mortgage broker or a person that makes residential mortgage loans,	21499
and charges or receives from ~~the mortgage broker~~either of them	21500
money or other valuable consideration readily convertible into	21501
money for providing the information;	21502

~~(3)~~(c) A person engaged in table-funding or warehouse-lending	21503
mortgage loans that are first lien residential mortgage loans.	21504

(2) "Mortgage broker" does not include any of the following:

21505

(a) A person that makes residential mortgage loans and	21506
receives a scheduled payment on each of those mortgage loans;	21507

(b) Any entity chartered and lawfully doing business under	21508
the authority of any law of this state, another state, or the	21509
United States as a bank, savings bank, trust company, savings and	21510
loan association, or credit union, or a subsidiary of any such	21511
entity, which subsidiary is regulated by a federal banking agency	21512
and is owned and controlled by a depository institution;	21513

(c) A consumer reporting agency that is in substantial	21514
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15	21515
U.S.C.A. 1681a, as amended;	21516

(d) Any political subdivision, or any governmental or other	21517
public entity, corporation, instrumentality, or agency, in or of	21518
the United States or any state;	21519

(e) A college or university, or controlled entity of a	21520
college or university, as those terms are defined in section	21521
1713.05 of the Revised Code;	21522

(f) Any entity created solely for the purpose of securitizing	21523
loans secured by an interest in real estate, provided the entity	21524
does not service the loans. For purposes of division (G)(2)(f) of	21525
this section "securitizing" means the packaging and sale of	21526
mortgage loans as a unit for sale as investment securities, but	21527
only to the extent of those activities.	21528

(g) Any person engaged in the retail sale of manufactured or	21529
mobile homes if, in connection with obtaining financing by others	21530
for those retail sales, the person only assists the borrower by	21531
providing or transmitting the loan application and does not do any	21532
of the following:	21533

(i) Offer or negotiate the residential mortgage loan rates or	21534
terms;	21535

(ii) Provide any counseling with borrowers about residential	21536
mortgage loan rates or terms;	21537

(iii) Receive any payment or fee from any company or	21538
individual for assisting the borrower obtain or apply for	21539
financing to purchase the manufactured or mobile home;	21540

(iv) Assist the borrower in completing the residential	21541
mortgage loan application.	21542

(h) A mortgage banker, provided it complies with section	21543
1322.022 of the Revised Code and holds a valid letter of exemption	21544
issued by the superintendent. For purposes of this section,	21545
"mortgage banker" means any person that makes, services, buys, or	21546
sells only residential mortgage loans secured by a first lien,	21547
that underwrites the loans, and that meets at least one of the	21548
following criteria:	21549

(i) The person has been directly approved by the United	21550
States department of housing and urban development as a	21551
nonsupervised mortgagee with participation in the direct	21552
endorsement program. Division (G)(2)(h)(i) of this section	21553
includes a person that has been directly approved by the United	21554
States department of housing and urban development as a	21555
nonsupervised mortgagee with participation in the direct	21556
endorsement program and that makes loans in excess of the	21557
applicable loan limit set by the federal national mortgage	21558
association, provided that the loans in all respects, except loan	21559
amounts, comply with the underwriting and documentation	21560
requirements of the United States department of housing and urban	21561
development. Division (G)(2)(h)(i) of this section does not	21562
include a mortgagee approved as a loan correspondent.	21563

(ii) The person has been directly approved by the federal	21564
national mortgage association as a seller/servicer. Division	21565
(G)(2)(h)(ii) of this section includes a person that has been	21566
directly approved by the federal national mortgage association as	21567
a seller/servicer and that makes loans in excess of the applicable	21568
loan limit set by the federal national mortgage association,	21569
provided that the loans in all respects, except loan amounts,	21570
comply with the underwriting and documentation requirements of the	21571
federal national mortgage association.	21572

(iii) The person has been directly approved by the federal	21573
home loan mortgage corporation as a seller/servicer. Division	21574
(G)(2)(h)(iii) of this section includes a person that has been	21575
directly approved by the federal home loan mortgage corporation as	21576
a seller/servicer and that makes loans in excess of the applicable	21577
loan limit set by the federal home loan mortgage corporation,	21578
provided that the loans in all respects, except loan amounts,	21579
comply with the underwriting and documentation requirements of the	21580
federal home loan mortgage corporation.	21581

(iv) The person has been directly approved by the United	21582
States department of veterans affairs as a nonsupervised automatic	21583
lender. Division (G)(2)(h)(iv) of this section does not include a	21584
person directly approved by the United States department of	21585
veterans affairs as a nonsupervised lender, an agent of a	21586
nonsupervised automatic lender, or an agent of a nonsupervised	21587
lender.	21588

(H) "Operations manager" means the ~~individual~~employee or	21589
owner responsible for the everyday operations, compliance	21590
requirements, and management of a mortgage broker business.	21591

(I) "~~Originate~~Registered loan originator" means ~~to do any~~an	21592
individual to whom both of the following apply:	21593

(1) ~~Negotiate or arrange, or offer to negotiate or arrange, a~~	21594
~~mortgage loan between a person that makes or funds mortgage loans~~	21595
~~and a buyer;~~The individual is a loan originator and an employee	21596
of a depository institution, a subsidiary that is owned and	21597
controlled by a depository institution and regulated by a federal	21598
banking agency, or an institution regulated by the farm credit	21599
administration.	21600

(2) ~~Issue a commitment for a mortgage loan to a buyer;~~

21601

~~(3) Place, assist in placement, or find a mortgage loan for a~~	21602
~~buyer~~The individual is registered with, and maintains a unique	21603
identifier through, the nationwide mortgage licensing system and	21604
registry.	21605

(J) "Registrant" means any person that has been issued a	21606
mortgage broker certificate of registration under sections 1322.01	21607
to 1322.12 of the Revised Code.	21608

(K) "Superintendent of financial institutions" includes the	21609
deputy superintendent for consumer finance as provided in section	21610
1181.21 of the Revised Code.	21611

(L) "Table-funding mortgage loan" means a residential	21612
mortgage loan transaction in which the residential mortgage loan	21613
is initially payable to the mortgage broker, the mortgage broker	21614
does not use the mortgage broker's own funds to fund the	21615
transaction, and, by the terms of the mortgage or other agreement,	21616
the mortgage is simultaneously assigned to another person.	21617

(M) "Warehouse-lending mortgage loan" means a residential	21618
mortgage loan transaction in which the residential mortgage loan	21619
is initially payable to the mortgage broker, the mortgage broker	21620
uses the mortgage broker's own funds to fund the transaction, and	21621
the mortgage is sold or assigned before the mortgage broker	21622
receives a scheduled payment on the residential mortgage loan.	21623

(N) "Administrative or clerical tasks" means the receipt,	21624
collection, and distribution of information common for the	21625
processing or underwriting of a loan in the mortgage industry, and	21626
communication with a consumer to obtain information necessary for	21627
the processing or underwriting of a residential mortgage loan.	21628

(O) "Appraisal company" means a sole proprietorship,	21629
partnership, corporation, limited liability company, or any other	21630
business entity or association, that employs or retains the	21631
services of a person licensed or certified under Chapter 4763. of	21632
the Revised Code for purposes of performing residential real	21633
estate appraisals for mortgage loans.	21634

(P) "Depository institution" has the same meaning as in	21635
section 3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12	21636
U.S.C. 1813, and includes any credit union.	21637

(Q) "Federal banking agency" means the board of governors of	21638
the federal reserve system, the comptroller of the currency, the	21639
director of the office of thrift supervision, the national credit	21640
union administration, and the federal deposit insurance	21641
corporation.	21642

(R) "Immediate family" means an individual's spouse, child,	21643
stepchild, parent, stepparent, grandparent, grandchild, brother,	21644
sister, parent-in-law, brother-in-law, or sister-in-law.	21645

(S) "Individual" means a natural person.

21646

(T) "Loan processor or underwriter" means an individual who	21647
performs clerical or support duties at the direction of and	21648
subject to the supervision and instruction of a loan originator or	21649
registered loan originator. For purposes of this division,	21650
"clerical or support duties" includes the following activities:	21651

(1) The receipt, collection, distribution, and analysis of	21652
information common for the processing or underwriting of a	21653
residential mortgage loan;	21654

(2) Communicating with a buyer to obtain the information	21655
necessary for the processing or underwriting of a loan, to the	21656
extent the communication does not include offering or negotiating	21657
loan rates or terms or counseling buyers about residential	21658
mortgage loan rates or terms.	21659

(U) "Nationwide mortgage licensing system and registry" means	21660
a mortgage licensing system developed and maintained by the	21661
conference of state bank supervisors and the American association	21662
of residential mortgage regulators, or their successor entities,	21663
for the licensing and registration of loan originators, or any	21664
system established by the secretary of housing and urban	21665
development pursuant to the "Secure and Fair Enforcement for	21666
Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101.	21667

(V) "Nontraditional mortgage product" means any mortgage	21668
product other than a thirty-year fixed rate mortgage.	21669

(W) "Real estate brokerage activity" means any activity that	21670
involves offering or providing real estate brokerage services to	21671
the public, including all of the following:	21672

(1) Acting as a real estate agent or real estate broker for a	21673
buyer, seller, lessor, or lessee of real property;	21674

(2) Bringing together parties interested in the sale,	21675
purchase, lease, rental, or exchange of real property, other than	21676
in connection with providing financing for any such transaction;	21677

(3) Negotiating, on behalf of any party, any portion of a	21678
contract relating to the sale, purchase, lease, rental, or	21679
exchange of real property, other than in connection with providing	21680
financing for any such transaction;	21681

(4) Engaging in any activity for which a person engaged in	21682
that activity is required to be registered or licensed as a real	21683
estate agent or real estate broker under any applicable law;	21684

(5) Offering to engage in any activity, or to act in any	21685
capacity, described in division (W) of this section.	21686

(X) "Residential mortgage loan" means any loan primarily for	21687
personal, family, or household use that is secured by a mortgage	21688
on a dwelling or on residential real estate in this state upon	21689
which is constructed or intended to be constructed a dwelling. For	21690
purposes of this division, "dwelling" has the same meaning as in	21691
section 103 of the "Truth in Lending Act," 82 Stat. 146, 15 U.S.C	21692
1602.	21693

(Y) "State," in the context of referring to states in	21694
addition to Ohio, means any state of the United States, the	21695
district of Columbia, any territory of the United States, Puerto	21696
Rico, Guam, American Samoa, the trust territory of the Pacific	21697
islands, the virgin islands, and the northern Mariana islands;	21698

(Z) "Unique identifier" means a number or other identifier	21699
that permanently identifies a loan originator and is assigned by	21700
protocols established by the nationwide mortgage licensing system	21701
and registry or federal banking agencies to facilitate electronic	21702
tracking of loan originators and uniform identification of, and	21703
public access to, the employment history of and the publicly	21704
adjudicated disciplinary and enforcement actions against loan	21705
originators.	21706

Sec. 1322.02. (A)(1) No person, on the person's own behalf	21707
or on behalf of any other person, shall act as a mortgage broker	21708
without first having obtained a certificate of registration from	21709
the superintendent of financial institutions for every office to	21710
be maintained by the person for the transaction of business as a	21711
mortgage broker in this state. A registrant shall maintain an	21712
office location in this state for the transaction of business as a	21713
mortgage broker in this state.	21714

(2) No person shall act or hold that person's self out as a	21715
mortgage broker under the authority or name of a registrant or	21716
person exempt from sections 1322.01 to 1322.12 of the Revised Code	21717
without first having obtained a certificate of registration from	21718
the superintendent for every office to be maintained by the person	21719
for the transaction of business as a mortgage broker in this	21720
state.	21721

(B)(1) No ~~person, on the person's own behalf or on behalf of~~	21722
~~any other person,~~individual shall act as a loan ~~officer~~	21723
originator employed by or associated with a mortgage broker	21724
without first having obtained a license from the superintendent.	21725
A loan ~~officer~~originator shall be employed by or associated with	21726
a mortgage broker or any person or entity listed in division	21727
(G)(2) of section 1322.01 of the Revised Code, but shall not be	21728
employed by or associated with more than one mortgage broker or	21729
person or entity at any one time.	21730

(2) An individual acting under the individual's authority as	21731
a registered loan originator shall not be required to be licensed	21732
under division (B)(1) of this section.	21733

(C)(1) ~~The following persons are exempt from sections 1322.01~~	21734
~~to 1322.12 of the Revised Code only with respect to business~~	21735
~~engaged in or authorized by their charter, license, authority,~~	21736
~~approval, or certificate, or as otherwise authorized by division~~	21737
~~(C)(1)(g) of this section:~~	21738

~~(a) A bank, savings bank, savings and loan association,~~	21739
~~credit union, or credit union service organization organized under~~	21740
~~the laws of this state, another state, or the United States, or a~~	21741
~~subsidiary or affiliate of a bank, savings bank, savings and loan~~	21742
~~association, credit union, or credit union service organization.~~	21743
~~As used in this division, "affiliate" means an entity that~~	21744
~~controls, is controlled by, or is under common control with, a~~	21745
~~bank, savings bank, savings and loan association, credit union, or~~	21746
~~credit union service organization and that the board of governors~~	21747
~~of the federal reserve system, the comptroller of the currency,~~	21748
~~the office of thrift supervision, the federal deposit insurance~~	21749
~~corporation, or the national credit union administration has the~~	21750
~~authority to examine, supervise, and regulate including with~~	21751
~~respect to the affiliate's compliance with applicable consumer~~	21752
~~protection requirements.~~	21753

~~(b) A budget and debt counseling service, as defined in~~	21754
~~division (D) of section 2716.03 of the Revised Code, provided that~~	21755
~~the service is a nonprofit organization exempt from taxation under~~	21756
~~section 501(c)(3) of the "Internal Revenue Code of 1986," 100~~	21757
~~Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service is~~	21758
~~in compliance with Chapter 4710. of the Revised Code;~~	21759

~~(c) A consumer reporting agency that is in substantial~~	21760
~~compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15~~	21761
~~U.S.C.A. 1681a, as amended;~~	21762

~~(d) Any political subdivision, or any governmental or other~~	21763
~~public entity, corporation, or agency, in or of the United States~~	21764
~~or any state of the United States;~~	21765

~~(e) A college or university, or controlled entity of a~~	21766
~~college or university, as defined in section 1713.05 of the~~	21767
~~Revised Code;~~	21768

~~(f) A person registered under sections 1321.51 to 1321.60 of~~	21769
~~the Revised Code, provided that not more than five per cent of the~~	21770
~~person's mortgage loans constitute table-funding mortgage loans or~~	21771
~~warehouse-lending mortgage loans. Division (C)(1)(f) of this~~	21772
~~section does not include any person that is also registered or~~	21773
~~licensed under sections 1322.01 to 1322.12 of the Revised Code.~~	21774

~~(g) A mortgage banker. For purposes of division (C)(1)(g) of~~	21775
~~this section, "mortgage banker" means any person that makes,~~	21776
~~services, buys, or sells mortgage loans, that underwrites the~~	21777
~~loans, and that meets at least one of the following criteria:~~	21778

~~(i) The person has been directly approved by the United~~	21779
~~States department of housing and urban development as a~~	21780
~~nonsupervised mortgagee with participation in the direct~~	21781
~~endorsement program. Division (C) (1) (g) (i) of this section~~	21782
~~includes a person that has been directly approved by the United~~	21783
~~States department of housing and urban development as a~~	21784
~~nonsupervised mortgagee with participation in the direct~~	21785
~~endorsement program and that makes loans in excess of the~~	21786
~~applicable loan limit set by the federal national mortgage~~	21787
~~association, provided that the loans in all respects, except loan~~	21788
~~amounts, comply with the underwriting and documentation~~	21789
~~requirements of the United States department of housing and urban~~	21790
~~development. Division (C)(1)(g)(i) of this section does not~~	21791
~~include a mortgagee approved as a loan correspondent.~~	21792

~~(ii) The person has been directly approved by the federal~~	21793
~~national mortgage association as a seller/servicer. Division (C)~~	21794
~~(1) (g) (ii) of this section includes a person that has been~~	21795
~~directly approved by the federal national mortgage association as~~	21796
~~a seller/servicer and that makes loans in excess of the applicable~~	21797
~~loan limit set by the federal national mortgage association,~~	21798
~~provided that the loans in all respects, except loan amounts,~~	21799
~~comply with the underwriting and documentation requirements of the~~	21800
~~federal national mortgage association.~~	21801

~~(iii) The person has been directly approved by the federal~~	21802
~~home loan mortgage corporation as a seller/servicer. Division (C)~~	21803
~~(1) (g) (iii) of this section includes a person that has been~~	21804
~~directly approved by the federal home loan mortgage corporation as~~	21805
~~a seller/servicer and that makes loans in excess of the applicable~~	21806
~~loan limit set by the federal home loan mortgage corporation,~~	21807
~~provided that the loans in all respects, except loan amounts,~~	21808
~~comply with the underwriting and documentation requirements of the~~	21809
~~federal home loan mortgage corporation.~~	21810

~~(iv) The person has been directly approved by the United~~	21811
~~States department of veterans affairs as a nonsupervised automatic~~	21812
~~lender. Division (C)(1)(g)(iv) of this section does not include a~~	21813
~~person directly approved by the United States department of~~	21814
~~veterans affairs as a nonsupervised lender, an agent of a~~	21815
~~nonsupervised automatic lender, or an agent of a nonsupervised~~	21816
~~lender.~~	21817

~~(h) A person created solely for the purpose of securitizing~~	21818
~~loans secured by an interest in real estate, provided the person~~	21819
~~does not service the loans. For purposes of division (C)(1)(h) of~~	21820
~~this section, "securitizing" means the packaging and sale of~~	21821
~~mortgage loans as a unit for sale as investment securities, but~~	21822
~~only to the extent of those activities~~Each licensee shall	21823
register with, and maintain a valid unique identifier issued by,	21824
the nationwide mortgage licensing system and registry.	21825

(2) ~~Any individual who is employed by a person exempt from~~	21826
~~sections 1322.01 to 1322.12 of the Revised Code is also exempt~~	21827
~~from those sections to the extent the individual is acting within~~	21828
~~the scope of the individual's employment and within the scope of~~	21829
~~the exempt person's charter, license, authority, approval, or~~	21830
~~certificate~~No person shall use a licensee's unique identifier for	21831
any purpose other than as set forth in the "Secure and Fair	21832
Enforcement for Mortgage Licensing Act of 2008," 122 Stat. 2810,	21833
12 U.S.C. 5101.	21834

Sec. 1322.022. (A) A mortgage banker seeking exemption from	21835
registration pursuant to division (G)(2)(h) of section 1322.01 of	21836
the Revised Code shall submit an application to the superintendent	21837
of financial institutions along with a nonrefundable fee of three	21838
hundred fifty dollars for each location of an office to be	21839
maintained by the mortgage banker. The application shall be in a	21840
form prescribed by the superintendent and shall include all of the	21841
following:	21842

(1) The mortgage banker's business name and state of	21843
incorporation or business registration;	21844

(2) The names of the owners, officers, or partners having	21845
control of the business;	21846

(3) An attestation to all of the following:

21847

(a) That the mortgage banker and its owners, officers, or	21848
partners identified in division (A)(2) of this section have not	21849
had a mortgage banker license, mortgage broker certificate of	21850
registration, or loan originator license, or any comparable	21851
authority, revoked in any governmental jurisdiction;	21852

(b) That the mortgage banker and its owners, officers, or	21853
partners identified in division (A)(2) of this section have not	21854
been convicted of, or pleaded guilty to, any of the following:	21855

(i) During the seven-year period immediately preceding the	21856
date of application for exemption, a felony in a domestic,	21857
foreign, or military court;	21858

(ii) At any time prior to the date of application for	21859
exemption, a felony involving an act of fraud, dishonesty, a	21860
breach of trust, theft, or money laundering in a domestic,	21861
foreign, or military court;	21862

(iii) During the seven-year period immediately preceding the	21863
date of application for exemption, a misdemeanor involving theft	21864
in a domestic, foreign, or military court.	21865

(c) That, with respect to financing residential mortgage	21866
loans, the mortgage banker only conducts business with residents	21867
of this state, or secures its loans with property located in this	21868
state, under authority of an approval described in division	21869
(G)(2)(h) of section 1322.01 of the Revised Code.	21870

(4) The names of all loan originators or licensees under the	21871
mortgage banker's control and direction;	21872

(5) An acknowledgment of understanding that the mortgage	21873
banker is subject to the regulatory authority of the division of	21874
financial institutions;	21875

(6) Any further information that the superintendent may	21876
require.	21877

(B)(1) If the superintendent determines that the mortgage	21878
banker honestly made the attestation required under division	21879
(A)(3) of this section and otherwise qualifies for exemption, the	21880
superintendent shall issue a letter of exemption. Additional	21881
certified copies of a letter of exemption shall be provided upon	21882
request and the payment of seventy-five dollars per copy.	21883

(2) If the superintendent determines that the mortgage banker	21884
does not qualify for exemption, the superintendent shall issue a	21885
notice of denial, and the mortgage banker may request a hearing in	21886
accordance with Chapter 119. of the Revised Code.	21887

(C) All of the following conditions apply to any mortgage	21888
banker holding a valid letter of exemption:	21889

(1) The mortgage banker shall be subject to examination in	21890
the same manner as a registrant with respect to the conduct of the	21891
mortgage banker's loan originators. In conducting any out-of-state	21892
examination, a mortgage banker shall be responsible for paying the	21893
costs of the division in the same manner as a registrant.	21894

(2) The mortgage banker shall have an affirmative duty to	21895
supervise the conduct of its loan originators, and to cooperate	21896
with investigations by the division with respect to that conduct,	21897
in the same manner as is required of registrants.	21898

(3) The mortgage banker shall keep and maintain records of	21899
all transactions relating to the conduct of its loan originators	21900
in the same manner as is required of registrants.	21901

(4) The mortgage banker may provide the surety bond for its	21902
licensees in the same manner as is permitted for registrants.	21903

(D) A letter of exemption expires annually on the	21904
thirty-first day of December and may be renewed on or before that	21905
date by submitting an application that meets the requirements of	21906
division (A) of this section and a nonrefundable renewal fee of	21907
three hundred fifty dollars for each location of an office to be	21908
maintained by the mortgage banker.	21909

(E) The superintendent may issue a notice to revoke or	21910
suspend a letter of exemption if the superintendent finds that the	21911
letter was obtained through a false or fraudulent representation	21912
of a material fact, or the omission of a material fact, required	21913
by law, or that a condition for exemption is no longer being met.	21914
Prior to issuing an order of revocation or suspension, the	21915
mortgage banker shall be given an opportunity for a hearing in	21916
accordance with Chapter 119. of the Revised Code.	21917

(F) All information obtained by the division pursuant to an	21918
examination or investigation under this section shall be subject	21919
to the confidentiality requirements set forth in section 1322.061	21920
of the Revised Code.	21921

(G) All money collected under this section shall be deposited	21922
into the state treasury to the credit of the consumer finance fund	21923
created in section 1321.21 of the Revised Code.	21924

Sec. 1322.023. The superintendent of financial institutions	21925
may, by rule, expand the definition of loan originator or mortgage	21926
broker in section 1322.01 of the Revised Code by adding	21927
individuals, persons, or entities, or may exempt additional	21928
individuals, persons, or entities from those definitions, if the	21929
superintendent finds that the addition or exemption is consistent	21930
with the purposes fairly intended by the policy and provisions of	21931
sections 1322.01 to 1322.12 of the Revised Code and the "Secure	21932
and Fair Enforcement for Mortgage Licensing Act of 2008," 122	21933
Stat. 2810, 12 U.S.C. 5101.	21934

Rules authorized by this section shall be adopted in	21935
accordance with Chapter 119. of the Revised Code.	21936

Sec. 1322.024. (A) Notwithstanding any provision of sections	21937
1322.01 to 1322.12 of the Revised Code, or any rule adopted	21938
thereunder, if the "Secure and Fair Enforcement for Mortgage	21939
Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101, as	21940
amended, is modified after the effective date of this section, or	21941
any regulation, statement, or position is adopted under that act,	21942
and the item modified or adopted affects any matter within the	21943
scope of sections 1322.01 to 1322.12 of the Revised Code, the	21944
superintendent of financial institutions may by rule adopt a	21945
similar provision.	21946

(B) The superintendent shall adopt the rules authorized by	21947
this section in accordance with section 111.15 of the Revised	21948
Code. Chapter 119. of the Revised Code does not apply to rules	21949
adopted under the authority of this section.	21950

(C) A rule adopted by the superintendent under the authority	21951
of this section is effective on the later of the following dates:	21952

(1) The date the superintendent issues the rule;

21953

(2) The date the regulation, rule, interpretation, procedure,	21954
or guideline the superintendent's rule is based on becomes	21955
effective.	21956

(D) The superintendent may, upon thirty days' written notice,	21957
revoke any rule adopted under the authority of this section. A	21958
rule adopted under the authority of this section, and not revoked	21959
by the superintendent, lapses and has no further force and effect	21960
eighteen months after the rule's effective date.	21961

Sec. 1322.03. (A) An application for a certificate of	21962
registration as a mortgage broker shall be in writing, under oath,	21963
and in the form prescribed by the superintendent of financial	21964
institutions. The application shall be accompanied by a	21965
nonrefundable application fee of ~~three~~five hundred ~~fifty~~ dollars	21966
for each location of an office to be maintained by the applicant	21967
in accordance with division (A) of section 1322.02 of the Revised	21968
Code~~; however, an applicant that is registered under sections~~	21969
~~1321.51 to 1321.60 of the Revised Code shall not be required to~~	21970
~~pay an application fee~~and any additional fee required by the	21971
nationwide mortgage licensing system and registry. The application	21972
shall provide all of the following:	21973

(1) The location or locations where the business is to be	21974
transacted and whether any location is a residence. If any	21975
location where the business is to be transacted is a residence,	21976
the superintendent may require that the application ~~shall~~ be	21977
accompanied by a ~~certified~~ copy of a zoning permit authorizing the	21978
use of the residence for commercial purposes, or ~~shall be~~	21979
~~accompanied~~ by a written opinion or other document issued by the	21980
county or political subdivision where the residence is located	21981
certifying that the use of the residence to transact business as a	21982
mortgage broker is not prohibited by the county or political	21983
subdivision. ~~The application also shall be accompanied by a~~	21984
~~photograph of each location at which the business will be~~	21985
~~transacted.~~	21986

(2)(a) In the case of a sole proprietor, the name and address	21987
of the sole proprietor;	21988

(b) In the case of a partnership, the name and address of	21989
each partner;	21990

(c) In the case of a corporation, the name and address of	21991
each shareholder owning five per cent or more of the corporation;	21992

(d) In the case of any other entity, the name and address of	21993
any person that owns five per cent or more of the entity that will	21994
transact business as a mortgage broker.	21995

(3) ~~If the applicant is a partnership, corporation, limited~~	21996
~~liability company, or any other business entity or association,~~	21997
~~the~~Each applicant shall designate an employee or owner of the	21998
applicant as the applicant's operations manager. While acting as	21999
the operations manager, the employee or owner shall be licensed as	22000
a loan originator under sections 1322.01 to 1322.12 of the Revised	22001
Code and shall not be employed by any other mortgage broker.	22002

(4) Evidence that the ~~sole proprietor or the~~ person	22003
designated on the application pursuant to division (A)(3) of this	22004
section, as applicable, possesses at least three years of	22005
experience in the residential mortgage and lending field, which	22006
experience may include employment with or as a mortgage broker or	22007
with a ~~financial~~depository institution, mortgage lending	22008
institution, or other lending institution, or possesses at least	22009
three years of other experience related specifically to the	22010
business of residential mortgage loans that the superintendent	22011
determines meets the requirements of division (A)(4) of this	22012
section;	22013

(5) ~~On or after January 1, 2007, evidence~~Evidence that the	22014
~~sole proprietor or the~~ person designated on the application	22015
pursuant to division (A)(3) of this section has successfully	22016
completed ~~either of~~ the ~~following:~~	22017

~~(a) At least twenty-four hours of live classroom~~	22018
pre-licensing instruction ~~in a course or program of study~~	22019
~~approved by the superintendent that consists of at least all of~~	22020
~~the following:~~	22021

~~(i) Four hours of instruction concerning state and federal~~	22022
~~mortgage lending laws, which shall include no less than two hours~~	22023
~~on this chapter;~~	22024

~~(ii) Four hours of instruction concerning the Ohio consumer~~	22025
~~sales practices act, Chapter 1345. of the Revised Code, as it~~	22026
~~applies to registrants and licensees;~~	22027

~~(iii) Four hours of instruction concerning the loan~~	22028
~~application process;~~	22029

~~(iv) Two hours of instruction concerning the underwriting~~	22030
~~process;~~	22031

~~(v) Two hours of instruction concerning the secondary market~~	22032
~~for mortgage loans;~~	22033

~~(vi) Four hours of instruction concerning the loan closing~~	22034
~~process;~~	22035

~~(vii) Two hours of instruction covering basic mortgage~~	22036
~~financing concepts and terms;~~	22037

~~(viii) Two hours of instruction concerning the ethical~~	22038
~~responsibilities of a registrant, including with respect to~~	22039
~~confidentiality, consumer counseling, and the duties and standards~~	22040
~~of care created in section 1322.081 of the Revised Code.~~	22041

~~(b) Other post-secondary education related specifically to~~	22042
~~the business of mortgage loans that the superintendent determines~~	22043
~~meets the requirements of division (A)(5)(a) of this section.~~	22044

~~Division (A)(5) of this section does not apply to any~~	22045
~~applicant who has an application on file with the division of~~	22046
~~financial institutions prior to January 1, 2007.~~	22047

~~The evidence submitted by the applicant pursuant to division~~	22048
~~(A)(5) of this section may be in the form of transcripts or a~~	22049
~~statement indicating that the applicant has, and will maintain,~~	22050
~~transcripts at the applicant's place of business for a period of~~	22051
~~five years for inspection by the superintendent at the~~	22052
~~superintendent's request~~requirements set forth in section	22053
1322.031 of the Revised Code.	22054

(6) Evidence of compliance with the surety bond requirements	22055
of section 1322.05 of the Revised Code and with sections 1322.01	22056
to 1322.12 of the Revised Code;	22057

(7) In the case of a foreign business entity, evidence that	22058
it maintains a license or registration pursuant to Chapter 1703.,	22059
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	22060
transact business in this state;	22061

(8) ~~A statement as to whether the applicant or, to the best~~	22062
~~of the applicant's knowledge, any shareholder, member, partner,~~	22063
~~operations manager, or employee of the applicant has been~~	22064
~~convicted of or pleaded guilty to any criminal offense involving~~	22065
~~theft, receiving stolen property, embezzlement, forgery, fraud,~~	22066
~~passing bad checks, money laundering, or drug trafficking, or any~~	22067
~~criminal offense involving money or securities;~~	22068

~~(9) A statement as to whether the applicant or, to the best~~	22069
~~of the applicant's knowledge, any shareholder, member, partner,~~	22070
~~operations manager, or employee of the applicant has been subject~~	22071
~~to any adverse judgment for conversion, embezzlement,~~	22072
~~misappropriation of funds, fraud, misfeasance or malfeasance, or~~	22073
~~breach of fiduciary duty;~~	22074

~~(10)~~ Evidence that the applicant's operations manager has	22075
successfully completed the ~~examination~~written test required under	22076
division (A) of section 1322.051 of the Revised Code;	22077

~~(11)~~(9) Any further information that the superintendent	22078
requires.	22079

(B) Upon the filing of the application and payment of the	22080
nonrefundable application fee and any fee required by the	22081
nationwide mortgage licensing system and registry, the	22082
superintendent of financial institutions shall investigate the	22083
applicant, and any individual whose identity is required to be	22084
disclosed in the application, as set forth in division (B) of	22085
this section.	22086

(1) ~~The~~(a) Notwithstanding division (K) of section 121.08 of	22087
the Revised Code, the superintendent shall obtain a criminal	22088
history records check and, as part of that records check, request	22089
that criminal record information from the federal bureau of	22090
investigation be obtained. To fulfill this requirement, the	22091
superintendent shall ~~request~~do either of the following:	22092

(i) Request the superintendent of the bureau of criminal	22093
identification and investigation, or a vendor approved by the	22094
bureau, to conduct a criminal records check based on the	22095
applicant's fingerprints or, if the fingerprints are unreadable,	22096
based on the applicant's social security number, in accordance	22097
with division (A)~~(11)~~(12) of section 109.572 of the Revised Code.	22098
~~Notwithstanding division (K) of section 121.08 of the Revised~~	22099
~~Code, the superintendent of financial institutions shall~~;	22100

(ii) Authorize the nationwide mortgage licensing system and	22101
registry to request ~~that criminal record information from the~~	22102
~~federal bureau of investigation be obtained as part of the~~a	22103
criminal ~~records~~history background check. ~~Any~~	22104

(b) Any fee required under division (C)(3) of section 109.572	22105
of the Revised Code or by the nationwide mortgage licensing	22106
system and registry shall be paid by the applicant.	22107

(2) The superintendent shall conduct a civil records check.

22108

(3) If, in order to issue a certificate of registration to an	22109
applicant, additional investigation by the superintendent outside	22110
this state is necessary, the superintendent may require the	22111
applicant to advance sufficient funds to pay the actual expenses	22112
of the investigation, if it appears that these expenses will	22113
exceed ~~three~~five hundred ~~fifty~~ dollars. The superintendent shall	22114
provide the applicant with an itemized statement of the actual	22115
expenses that the applicant is required to pay.	22116

(C) The superintendent shall pay all funds advanced and	22117
application and renewal fees and penalties the superintendent	22118
receives pursuant to this section and section 1322.04 of the	22119
Revised Code to the treasurer of state to the credit of the	22120
consumer finance fund created in section 1321.21 of the Revised	22121
Code.	22122

(D) If an application for a mortgage broker certificate of	22123
registration does not contain all of the information required	22124
under division (A) of this section, and if that information is not	22125
submitted to the superintendent within ninety days after the	22126
superintendent requests the information in writing, the	22127
superintendent may consider the application withdrawn.	22128

(E) A mortgage broker certificate of registration and the	22129
authority granted under that certificate is not transferable or	22130
assignable and cannot be franchised by contract or any other	22131
means.	22132

(F) The registration requirements of this chapter apply to	22133
any person acting as a mortgage broker, and no person is exempt	22134
from the requirements of this chapter on the basis of prior work	22135
or employment as a mortgage broker.	22136

(G) The superintendent may establish relationships or enter	22137
into contracts with the nationwide mortgage licensing system and	22138
registry, or any entities designated by it, to collect and	22139
maintain records and process transaction fees or other fees	22140
related to mortgage broker certificates of registration or the	22141
persons associated with a mortgage broker.	22142

Sec. 1322.031. (A) An application for a license as a loan	22143
~~officer~~originator shall be in writing, under oath, and in the	22144
form prescribed by the superintendent of financial institutions.	22145
The application shall be accompanied by a nonrefundable	22146
application fee of one hundred fifty dollars and ~~shall provide all~~	22147
~~of the following:~~	22148

~~(1) The name and address of the applicant;~~

22149

~~(2) A statement as to whether the applicant has been~~	22150
~~convicted of or pleaded guilty to any criminal offense involving~~	22151
~~theft, receiving stolen property, embezzlement, forgery, fraud,~~	22152
~~passing bad checks, money laundering, or drug trafficking, or any~~	22153
~~criminal offense involving money or securities;~~	22154

~~(3) A statement as to whether the applicant has been subject~~	22155
~~to an adverse judgment for conversion, embezzlement,~~	22156
~~misappropriation of funds, fraud, misfeasance or malfeasance, or~~	22157
~~breach of fiduciary duty;~~	22158

~~(4) For loan officer applications submitted on or after~~	22159
~~January 1, 2007, proof~~any additional fee required by the	22160
nationwide mortgage licensing system and registry.	22161

(B)(1) The application shall provide evidence, acceptable to	22162
the superintendent, that the applicant has successfully completed	22163
at least twenty-four hours of pre-licensing instruction consisting	22164
of all of the following:	22165

(a) Twenty hours of instruction in a course or program of	22166
study reviewed and approved by the nationwide mortgage licensing	22167
system and registry;	22168

(b) Four hours of instruction in a course or program of study	22169
reviewed and approved by the superintendent concerning state	22170
landing laws and the Ohio consumer sales practices act, Chapter	22171
1345. of the Revised Code, as it applies to registrants and	22172
licensees.	22173

(2) Notwithstanding division (B)(1) of this section, until	22174
the nationwide mortgage licensing system and registry implements a	22175
review and approval program, the application shall provide	22176
evidence, as determined by the superintendent, that the applicant	22177
has successfully completed at least twenty-four hours of ~~live~~	22178
~~classroom~~ instruction in a course or program of study approved by	22179
the superintendent that consists of at least all of the	22180
following:	22181

(a) Four hours of instruction concerning state and federal	22182
mortgage lending laws, which shall include no less than two hours	22183
on this chapter;	22184

(b) Four hours of instruction concerning the Ohio consumer	22185
sales practices act, Chapter 1345. of the Revised Code, as it	22186
applies to registrants and licensees;	22187

(c) Four hours of instruction concerning the loan application	22188
process;	22189

(d) Two hours of instruction concerning the underwriting	22190
process;	22191

(e) Two hours of instruction concerning the secondary market	22192
for mortgage loans;	22193

(f) Four hours of instruction concerning the loan closing	22194
process;	22195

(g) Two hours of instruction covering basic mortgage	22196
financing concepts and terms;	22197

(h) Two hours of instruction concerning the ethical	22198
responsibilities of a registrant and a licensee, including with	22199
respect to confidentiality, consumer counseling, and the duties	22200
and standards of care created in section 1322.081 of the Revised	22201
Code.	22202

~~Division (A)(4) of this section does not apply to any~~	22203
~~applicant who has an application on file with the division of~~	22204
~~financial institutions prior to January 1, 2007.~~	22205

~~The proof submitted by the applicant pursuant to division~~	22206
~~(A)(4) of this section may be in the form of transcripts or a~~	22207
~~statement indicating that the applicant has, and will maintain,~~	22208
~~transcripts at the applicant's place of business for a period of~~	22209
~~five years for inspection by the superintendent at the~~	22210
~~superintendent's request.~~	22211

~~(5)~~(3) For purposes of division (B)(1)(a) of this section,	22212
the review and approval of a course or program of study includes	22213
the review and approval of the provider of the course or program	22214
of study.	22215

(4) If an applicant held a valid loan originator license	22216
issued by this state at any time during the immediately preceding	22217
five-year period, the applicant shall not be required to complete	22218
any additional pre-licensing instruction.	22219

(C) In addition to the information required under division	22220
(B) of this section, the application shall provide both of the	22221
following:	22222

(1) Evidence that the applicant passed a written test that	22223
meets the requirements described in division (B) of section	22224
1322.051 of the Revised Code;	22225

(2) Any further information that the superintendent requires.

22226

~~(B)~~(D) Upon the filing of the application and payment of the	22227
application fee and any fee required by the nationwide mortgage	22228
licensing system and registry, the superintendent of financial	22229
institutions shall investigate the applicant as set forth in	22230
division ~~(B)~~(D) of this section.	22231

(1) ~~The~~(a) Notwithstanding division (K) of section 121.08	22232
of the Revised Code, the superintendent shall obtain a criminal	22233
history records check and, as part of the records check, request	22234
that criminal record information from the federal bureau of	22235
investigation be obtained. To fulfill this requirement, the	22236
superintendent shall ~~request~~do either of the following:	22237

(i) Request the superintendent of the bureau of criminal	22238
identification and investigation, or a vendor approved by the	22239
bureau, to conduct a criminal records check based on the	22240
applicant's fingerprints or, if the fingerprints are unreadable,	22241
based on the applicant's social security number, in accordance	22242
with division (A)~~(11)~~(12) of section 109.572 of the Revised Code.	22243
~~Notwithstanding division (K) of section 121.08 of the Revised~~	22244
~~Code, the superintendent of financial institutions shall~~;	22245

(ii) Authorize the nationwide mortgage licensing system and	22246
registry to request ~~that criminal record information from the~~	22247
~~federal bureau of investigation be obtained as part of the~~a	22248
criminal ~~records~~history background check. ~~Any~~	22249

(b) Any fee required under division (C)(3) of section 109.572	22250
of the Revised Code or by the nationwide mortgage licensing	22251
system and registry shall be paid by the applicant.	22252

(2) The superintendent shall conduct a civil records check.

22253

(3) If, in order to issue a license to an applicant,	22254
additional investigation by the superintendent outside this state	22255
is necessary, the superintendent may require the applicant to	22256
advance sufficient funds to pay the actual expenses of the	22257
investigation, if it appears that these expenses will exceed one	22258
hundred fifty dollars. The superintendent shall provide the	22259
applicant with an itemized statement of the actual expenses that	22260
the applicant is required to pay.	22261

~~(C)~~(E)(1) In connection with applying for a loan originator	22262
license, the applicant shall furnish to the nationwide mortgage	22263
licensing system and registry the following information	22264
concerning the applicant's identity:	22265

(a) The applicant's fingerprints for submission to the	22266
federal bureau of investigation, and any other governmental agency	22267
or entity authorized to receive such information, for purposes of	22268
a state, national, and international criminal history background	22269
check;	22270

(b) Personal history and experience in a form prescribed by	22271
the nationwide mortgage licensing system and registry, along with	22272
authorization for the superintendent and the nationwide mortgage	22273
licensing system and registry to obtain the following:	22274

(i) An independent credit report from a consumer reporting	22275
agency;	22276

(ii) Information related to any administrative, civil, or	22277
criminal findings by any governmental jurisdiction.	22278

(2) In order to effectuate the purposes of divisions	22279
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent	22280
may use the conference of state bank supervisors, or a wholly	22281
owned subsidiary, as a channeling agent for requesting information	22282
from and distributing information to the United States department	22283
of justice or any other governmental agency. The superintendent	22284
may also use the nationwide mortgage licensing system and registry	22285
as a channeling agent for requesting information from and	22286
distributing information to any source related to matters subject	22287
to those divisions of this section.	22288

(F) The superintendent shall pay all funds advanced and	22289
application and renewal fees and penalties the superintendent	22290
receives pursuant to this section and section 1322.041 of the	22291
Revised Code to the treasurer of state to the credit of the	22292
consumer finance fund created in section 1321.21 of the Revised	22293
Code.	22294

~~(D)~~(G) If an application for a loan originator license does	22295
not contain all of the information required under ~~division (A) of~~	22296
this section, and if that information is not submitted to the	22297
superintendent within ninety days after the superintendent	22298
requests the information in writing, the superintendent may	22299
consider the application withdrawn.	22300

~~(E)~~(H)(1) The business of a loan ~~officer~~originator shall	22301
principally be transacted at an office of the ~~employing~~ mortgage	22302
broker with whom the licensee is employed or associated, which	22303
office is registered in accordance with division (A) of section	22304
1322.02 of the Revised Code. Each original loan originator license	22305
shall be deposited with and maintained by the ~~employing~~ mortgage	22306
broker at the mortgage broker's main office. A copy of the license	22307
shall be maintained and displayed at the office where the loan	22308
~~officer~~originator principally transacts business.	22309

(2) If a loan ~~officer's~~originator's employment or	22310
association is terminated for any reason, the mortgage broker	22311
shall return the original loan originator license to the	22312
superintendent within five business days after the termination.	22313
The licensee may request the transfer of the license to another	22314
mortgage broker by submitting a ~~relocation~~transfer application,	22315
along with a fifteen dollar fee and any fee required by the	22316
national mortgage licensing system and registry, to the	22317
superintendent or may request the superintendent in writing to	22318
hold the license in escrow ~~for a period not to exceed one year~~.	22319
Any licensee whose license is held in escrow shall cease activity	22320
as a loan ~~officer~~originator. A licensee whose license is held in	22321
escrow shall be required to apply for renewal annually and to	22322
comply with the annual continuing education requirement.	22323

(3) A mortgage broker may employ or be associated with a loan	22324
~~officer~~originator on a temporary basis pending the transfer of	22325
the loan ~~officer's~~originator's license to the mortgage broker, if	22326
the mortgage broker receives written confirmation from the	22327
superintendent that the loan ~~officer~~originator is licensed under	22328
sections 1322.01 to 1322.12 of the Revised Code.	22329

~~(F)~~(4) Notwithstanding divisions (H)(1) to (3) of this	22330
section, if a licensee is employed by or associated with a person	22331
or entity listed in division (G)(2) of section 1322.01 of the	22332
Revised Code, all of the following apply:	22333

(a) The licensee shall maintain and display the original loan	22334
originator license at the office where the licensee principally	22335
transacts business;	22336

(b) If the loan originator's employment or association is	22337
terminated, the loan originator shall return the original loan	22338
originator license to the superintendent within five business days	22339
after termination. The licensee may request the transfer of the	22340
license to a mortgage broker or another person or entity listed in	22341
division (G)(2) of section 1322.01 of the Revised Code by	22342
submitting a transfer application, along with a fifteen dollar fee	22343
and any fee required by the national mortgage licensing system and	22344
registry, to the superintendent or may request the superintendent	22345
in writing to hold the license in escrow. A licensee whose license	22346
is held in escrow shall cease activity as a loan originator. A	22347
licensee whose license is held in escrow shall be required to	22348
apply for renewal annually and to comply with the annual	22349
continuing education requirement.	22350

(c) The licensee may seek to be employed or associated with a	22351
mortgage broker or person or entity listed in division (G)(2) of	22352
section 1322.01 of the Revised Code if the mortgage broker or	22353
person or entity receives written confirmation from the	22354
superintendent that the loan originator is licensed under sections	22355
1322.01 to 1322.12 of the Revised Code.	22356

(I) The superintendent may establish relationships or enter	22357
into contracts with the nationwide mortgage licensing system and	22358
registry, or any entities designated by it, to collect and	22359
maintain records and process transaction fees or other fees	22360
related to loan originator licenses or the persons associated with	22361
a licensee.	22362

(J) A loan originator license, or the authority granted under	22363
that license, is not assignable and cannot be franchised by	22364
contract or any other means.	22365

Sec. 1322.04. (A) Upon the conclusion of the investigation	22366
required under division (B) of section 1322.03 of the Revised	22367
Code, the superintendent of financial institutions shall issue a	22368
certificate of registration to the applicant if the superintendent	22369
finds that the following conditions are met:	22370

(1) ~~Except as otherwise provided in division (A) of section~~	22371
~~1322.03 of the Revised Code, the~~The application is accompanied by	22372
the application fee and any fee required by the nationwide	22373
mortgage licensing system and registry. If	22374

(a) If a check or other draft instrument is returned to the	22375
superintendent for insufficient funds, the superintendent shall	22376
notify the applicant by certified mail, return receipt requested,	22377
that the application will be withdrawn unless the applicant,	22378
within thirty days after receipt of the notice, submits the	22379
application fee and a one-hundred-dollar penalty to the	22380
superintendent. If the applicant does not submit the application	22381
fee and penalty within that time period, or if any check or other	22382
draft instrument used to pay the fee or penalty is returned to the	22383
superintendent for insufficient funds, the application shall be	22384
withdrawn immediately without a hearing.	22385

(b) If a check or other draft instrument is returned to the	22386
superintendent for insufficient funds after the certificate of	22387
registration has been issued, the superintendent shall notify the	22388
registrant by certified mail, return receipt requested, that the	22389
certificate of registration issued in reliance on the check or	22390
other draft instrument will be canceled unless the registrant,	22391
within thirty days after receipt of the notice, submits the	22392
application fee and a one-hundred-dollar penalty to the	22393
superintendent. If the registrant does not submit the application	22394
fee and penalty within that time period, or if any check or other	22395
draft instrument used to pay the fee or penalty is returned to the	22396
superintendent for insufficient funds, the certificate of	22397
registration shall be canceled immediately without a hearing, and	22398
the registrant shall cease activity as a mortgage broker.	22399

(2) If the application is for a location that is a residence,	22400
~~that the applicant has obtained a valid zoning permit authorizing~~	22401
~~the use of the residence for commercial purposes, or has obtained~~	22402
~~a valid written opinion or other document issued by the county or~~	22403
~~political subdivision where the residence is located certifying~~	22404
evidence that the use of the residence to transact business as a	22405
mortgage broker is not prohibited ~~by the county or political~~	22406
~~subdivision. The application also is accompanied by a photograph~~	22407
~~of each location at which the mortgage broker's business will be~~	22408
~~transacted~~.	22409

(3) The ~~sole proprietor or the~~ person designated on the	22410
application pursuant to division (A)(3) of section 1322.03 of the	22411
Revised Code~~, as applicable,~~ meets the experience requirements	22412
provided in division (A)(4) of section 1322.03 of the Revised Code	22413
and the education requirements set forth in division (A)(5) of	22414
section 1322.03 of the Revised Code.	22415

(4) The applicant maintains all ~~licenses~~necessary filings	22416
and ~~registrations~~approvals required by the secretary of state.	22417

(5) The applicant complies with the surety bond requirements	22418
of section 1322.05 of the Revised Code.	22419

(6) The applicant complies with sections 1322.01 to 1322.12	22420
of the Revised Code and the rules adopted thereunder.	22421

(7) Neither the applicant nor any ~~shareholder, member,~~	22422
~~partner, operations manager, or employee of the applicant~~person	22423
whose identity is required to be disclosed on an application for	22424
a mortgage broker certificate of registration has had a mortgage	22425
broker certificate of registration or loan originator license, or	22426
any comparable authority, revoked in any governmental	22427
jurisdiction or has pleaded guilty to or been convicted of any	22428
~~criminal offense described in division (A)(8) of section 1322.03~~	22429
~~of the Revised Code or any violation of an existing or former law~~	22430
~~of this state, any other state, or the United States that~~	22431
~~substantially is equivalent to a criminal offense described in~~	22432
~~that division. However, if the applicant or any of those other~~	22433
~~persons has pleaded guilty to or been convicted of any such~~	22434
~~offense other than theft, the superintendent shall not consider~~	22435
~~the offense if the applicant has proven to the superintendent, by~~	22436
~~a preponderance of the evidence, that the applicant's or other~~	22437
~~person's activities and employment record since the conviction~~	22438
~~show that the applicant or other person is honest, truthful, and~~	22439
~~of good reputation, and there is no basis in fact for believing~~	22440
~~that the applicant or other person will commit such an offense~~	22441
~~again~~of the following:	22442

(a) During the seven-year period immediately preceding the	22443
date of application for the certificate of registration, a felony	22444
in a domestic, foreign, or military court;	22445

(b) At any time prior to the date of application for the	22446
certificate of registration, a felony involving an act of fraud,	22447
dishonesty, a breach of trust, theft, or money laundering in a	22448
domestic, foreign, or military court;	22449

(c) During the seven-year period immediately preceding the	22450
date of application for the certificate of registration, a	22451
misdemeanor involving theft in a domestic, foreign, or military	22452
court.	22453

(8) ~~Neither the applicant nor any shareholder, member,~~	22454
~~partner, operations manager, or employee of the applicant has been~~	22455
~~subject to any adverse judgment for conversion, embezzlement,~~	22456
~~misappropriation of funds, fraud, misfeasance or malfeasance, or~~	22457
~~breach of fiduciary duty, or, if the applicant or any of those~~	22458
~~other persons has been subject to such a judgment~~Based on the	22459
totality of the circumstances and information submitted in the	22460
application, the applicant has proven to the superintendent, by a	22461
preponderance of the evidence, that the ~~applicant's or other~~	22462
~~person's activities and employment record since the judgment show~~	22463
~~that the~~ applicant ~~or other person~~ is ~~honest, truthful, and~~ of	22464
good ~~reputation,~~business repute and ~~there is no basis in fact for~~	22465
~~believing that the applicant or other person will be subject to~~	22466
~~such a judgment again~~appears qualified to act as a mortgage	22467
broker.	22468

(9) The applicant's operations manager successfully completed	22469
the examination required under division (A) of section 1322.051 of	22470
the Revised Code.	22471

(10) The applicant's financial responsibility, experience,	22472
character, and general fitness command the confidence of the	22473
public and warrant the belief that the business will be operated	22474
honestly and fairly in compliance with the purposes of sections	22475
1322.01 to 1322.12 of the Revised Code and the rules adopted	22476
thereunder. The superintendent shall not use a credit score as the	22477
sole basis for registration denial.	22478

(B) For purposes of determining whether an applicant that is	22479
a partnership, corporation, or other business entity or	22480
association has met the conditions set forth in divisions (A)(7),	22481
(A)(8), and (A)(10) of this section, the superintendent shall	22482
determine which partners, shareholders, or persons named in the	22483
application pursuant to division (A)(2) of section 1322.03 of the	22484
Revised Code must meet the conditions set forth in divisions	22485
(A)(7), (A)(8), and (A)(10) of this section. This determination	22486
shall be based on the extent and nature of the partner's,	22487
shareholder's, or person's ownership interest in the partnership,	22488
corporation, or other business entity or association that is the	22489
applicant and on whether the person is in a position to direct,	22490
control, or adversely influence the operations of the applicant.	22491

~~(B)~~(C) The certificate of registration issued pursuant to	22492
division (A) of this section may be renewed annually on or before	22493
the ~~thirtieth~~thirty-first day of ~~April~~December if the	22494
superintendent finds that all of the following conditions are	22495
met:	22496

(1) The renewal application is accompanied by a nonrefundable	22497
renewal fee of ~~three~~five hundred ~~fifty~~ dollars for each location	22498
of an office to be maintained by the applicant in accordance with	22499
division (A) of section 1322.02 of the Revised Code~~; however, an~~	22500
~~applicant that is registered under sections 1321.51 to 1321.60 of~~	22501
~~the Revised Code shall not be required to pay a renewal fee~~and	22502
any fee required by the nationwide mortgage licensing system and	22503
registry. If a check or other draft instrument is returned to the	22504
superintendent for insufficient funds, the superintendent shall	22505
notify the registrant by certified mail, return receipt requested,	22506
that the certificate of registration renewed in reliance on the	22507
check or other draft instrument will be canceled unless the	22508
registrant, within thirty days after receipt of the notice,	22509
submits the renewal fee and a one-hundred-dollar penalty to the	22510
superintendent. If the registrant does not submit the renewal fee	22511
and penalty within that time period, or if any check or other	22512
draft instrument used to pay the fee or penalty is returned to the	22513
superintendent for insufficient funds, the certificate of	22514
registration shall be canceled immediately without a hearing and	22515
the registrant shall cease activity as a mortgage broker.	22516

(2) ~~On and after January 1, 2003, the~~The operations manager	22517
designated under division (A)(3) of section 1322.03 of the Revised	22518
Code has completed~~, during the immediately preceding calendar~~	22519
~~year~~, at least ~~six~~eight hours of continuing education as required	22520
under section 1322.052 of the Revised Code.	22521

(3) The applicant meets the conditions set forth in divisions	22522
(A)(2) to (10) of this section.	22523

(4) The applicant's mortgage broker certificate of	22524
registration is not subject to an order of suspension or	22525
~~revocation~~an unpaid and past due fine imposed by the	22526
superintendent.	22527

~~(C)~~(D)(1) Subject to division ~~(C)~~(D)(2) of this section, if a	22528
renewal fee or additional fee required by the nationwide mortgage	22529
licensing system and registry is received by the superintendent	22530
after the ~~thirtieth~~thirty-first day of ~~April~~December, the	22531
mortgage broker certificate of registration shall not be	22532
considered renewed, and the applicant shall cease activity as a	22533
mortgage broker ~~and apply for a certificate of registration as a~~	22534
~~mortgage broker~~.	22535

(2) Division ~~(C)~~(D)(1) of this section shall not apply if the	22536
applicant, no later than the thirty-first day of ~~May~~January,	22537
submits the renewal fee or additional fee and a one-hundred-dollar	22538
penalty to the superintendent.	22539

~~(D)~~(E) If the person designated as the operations manager	22540
pursuant to division (A)(3) of section 1322.03 of the Revised Code	22541
is no longer the operations manager, the registrant shall do all	22542
of the following:	22543

(1) ~~Designate~~Within ninety days after the departure of the	22544
operations manager, designate another person as the operations	22545
manager;	22546

(2) Within ten days after the designation described in	22547
division ~~(D)~~(E)(1) of this section, notify the superintendent in	22548
writing of the designation;	22549

(3) Submit any additional information that the superintendent	22550
requires to establish that the newly designated operations manager	22551
complies with the ~~experience~~ requirements set forth in ~~division~~	22552
~~(A)(4) of~~ section 1322.03 of the Revised Code.	22553

(F) The registrant shall cease operations if it is without	22554
an operations manager approved by the superintendent for more than	22555
one hundred eighty days unless otherwise authorized in writing by	22556
the superintendent due to exigent circumstances.	22557

(G) Mortgage broker certificates of registration issued on or	22558
after May 1, 2009, annually expire on the thirty-first day of	22559
December.	22560

Sec. 1322.041. (A) Upon the conclusion of the investigation	22561
required under division ~~(B)~~(D) of section 1322.031 of the Revised	22562
Code, the superintendent of financial institutions shall issue a	22563
loan ~~officer~~originator license to the applicant if the	22564
superintendent finds that the following conditions are met:	22565

(1) The application is accompanied by the application fee and	22566
any fee required by the nationwide mortgage licensing system and	22567
registry. If	22568

(a) If a check or other draft instrument is returned to the	22569
superintendent for insufficient funds, the superintendent shall	22570
notify the applicant by certified mail, return receipt requested,	22571
that the application will be withdrawn unless the applicant,	22572
within thirty days after receipt of the notice, submits the	22573
application fee and a one-hundred-dollar penalty to the	22574
superintendent. If the applicant does not submit the application	22575
fee and penalty within that time period, or if any check or other	22576
draft instrument used to pay the fee or penalty is returned to the	22577
superintendent for insufficient funds, the application shall be	22578
withdrawn immediately without a hearing.	22579

(b) If a check or other draft instrument is returned to the	22580
superintendent for insufficient funds after the license has been	22581
issued, the superintendent shall notify the licensee by certified	22582
mail, return receipt requested, that the license issued in	22583
reliance on the check or other draft instrument will be canceled	22584
unless the licensee, within thirty days after receipt of the	22585
notice, submits the application fee and a one-hundred-dollar	22586
penalty to the superintendent. If the licensee does not submit the	22587
application fee and penalty within that time period, or if any	22588
check or other draft instrument used to pay the fee or penalty is	22589
returned to the superintendent for insufficient funds, the license	22590
shall be canceled immediately without a hearing, and the licensee	22591
shall cease activity as a loan ~~officer~~originator.	22592

(2) The applicant complies with sections 1322.01 to 1322.12	22593
of the Revised Code and the rules adopted thereunder.	22594

(3) ~~The~~(a) During the seven-year period immediately	22595
preceding the date of application for the license, the applicant	22596
has not been convicted of or pleaded guilty to ~~any criminal~~	22597
~~offense described in division (A)(2) of section 1322.031 of the~~	22598
~~Revised Code and the applicant has not pleaded guilty to or been~~	22599
~~convicted of a violation of an existing or former law of this~~	22600
~~state, any other state, or the United States that substantially~~	22601
~~is equivalent to a criminal offense described in that division.~~	22602
~~However, if~~a felony in a domestic, foreign, or military court.	22603

(b) At any time prior to the date of application for the	22604
license, the applicant has not been convicted of or pleaded	22605
guilty to ~~any such offense other than theft, the superintendent~~	22606
~~shall not consider the offense if the applicant has proven to the~~	22607
~~superintendent, by a preponderance of the evidence, that the~~	22608
~~applicant's activities and employment record since the conviction~~	22609
~~show that the applicant is honest, truthful, and of good~~	22610
~~reputation, and there is no basis in fact for believing that the~~	22611
~~applicant will commit such an offense again~~a felony involving an	22612
act of fraud, dishonesty, a breach of trust, theft, or money	22613
laundering in a domestic, foreign, or military court.	22614

(c) During the seven-year period immediately preceding the	22615
date of application for the license, the applicant has not been	22616
convicted of or pleaded guilty to a misdemeanor involving theft in	22617
a domestic, foreign, or military court.	22618

(4) ~~The applicant has not been subject to an adverse judgment~~	22619
~~for conversion, embezzlement, misappropriation of funds, fraud,~~	22620
~~misfeasance or malfeasance, or breach of fiduciary duty, or, if~~	22621
~~the applicant has been subject to such a judgment~~Based on the	22622
totality of the circumstances and information submitted in the	22623
application, the applicant has proven to the superintendent, by a	22624
preponderance of the evidence, that the ~~applicant's activities and~~	22625
~~employment record since the judgment show that the~~ applicant is	22626
~~honest, truthful, and~~ of good ~~reputation,~~business repute and	22627
~~there is no basis in fact for believing that the applicant will be~~	22628
~~subject to such a judgment again~~appears qualified to act as a	22629
loan originator.	22630

(5) The applicant successfully completed the ~~examination~~	22631
written test required under division (B) of section 1322.051 of	22632
the Revised Code and completed the ~~education requirements~~	22633
prelicensing instruction set forth in division ~~(A)(4)~~(B) of	22634
section 1322.031 of the Revised Code.	22635

(6) The applicant's financial responsibility, character, and	22636
general fitness command the confidence of the public and warrant	22637
the belief that the business will be operated honestly and fairly	22638
in compliance with the purposes of sections 1322.01 to 1322.12 of	22639
the Revised Code. The superintendent shall not use a credit score	22640
as the sole basis for a license denial.	22641

(7) The applicant is in compliance with the surety bond	22642
requirements of section 1322.05 of the Revised Code.	22643

(B) The license issued under division (A) of this section may	22644
be renewed annually on or before the ~~thirtieth~~thirty-first day of	22645
~~April~~December if the superintendent finds that all of the	22646
following conditions are met:	22647

(1) The renewal application is accompanied by a nonrefundable	22648
renewal fee of one hundred fifty dollars and any fee required by	22649
the nationwide mortgage licensing system and registry. If a check	22650
or other draft instrument is returned to the superintendent for	22651
insufficient funds, the superintendent shall notify the licensee	22652
by certified mail, return receipt requested, that the license	22653
renewed in reliance on the check or other draft instrument will	22654
be canceled unless the licensee, within thirty days after receipt	22655
of the notice, submits the renewal fee and a one-hundred-dollar	22656
penalty to the superintendent. If the licensee does not submit	22657
the renewal fee and penalty within that time period, or if any	22658
check or other draft instrument used to pay the fee or penalty is	22659
returned to the superintendent for insufficient funds, the	22660
license shall be canceled immediately without a hearing, and the	22661
licensee shall cease activity as a loan ~~officer~~originator.	22662

(2) ~~On and after January 1, 2003, the loan officer~~The	22663
applicant has completed~~, during the immediately preceding calendar~~	22664
~~year,~~ at least ~~six~~eight hours of continuing education as required	22665
under section 1322.052 of the Revised Code.	22666

(3) The applicant meets the conditions set forth in divisions	22667
(A)(2) to ~~(6)~~(7) of this section.	22668

(4) The applicant's license is not subject to an order of	22669
suspension or ~~revocation~~an unpaid and past due fine imposed by	22670
the superintendent.	22671

(C)(1) Subject to division (C)(2) of this section, if a	22672
license renewal application or renewal fee, including any fee	22673
required by the nationwide mortgage licensing system and registry,	22674
is received by the superintendent after the ~~thirtieth~~thirty-first	22675
day of ~~April~~December, the license shall not be considered	22676
renewed, and the applicant shall cease activity as a loan ~~officer~~	22677
originator.	22678

(2) Division (C)(1) of this section shall not apply if the	22679
applicant, no later than the thirty-first day of ~~May~~January,	22680
submits the renewal application and ~~fee~~fees and a	22681
one-hundred-dollar penalty to the superintendent.	22682

(D) Loan originator licenses issued on or after May 1, 2009,	22683
annually expire on the thirty-first day of December.	22684

Sec. 1322.05. (A)(1) No registrant shall conduct business	22685
in this state, unless the registrant has obtained and maintains in	22686
effect at all times a corporate surety bond issued by a bonding	22687
company or insurance company authorized to do business in this	22688
state. The bond shall be in favor of the superintendent of	22689
financial institutions and in the penal sum of ~~at least~~the	22690
greater of the following: (a) fifty thousand dollars and an	22691
additional penal sum of ten thousand dollars for each location, in	22692
excess of one, at which the registrant conducts business or (b)	22693
one-half per cent of the aggregate loan amount of residential	22694
mortgage loans originated in the immediately preceding calendar	22695
year, but not exceeding two hundred fifty thousand dollars. The	22696
term of the bond shall coincide with the term of registration. A	22697
copy of the bond shall be filed with the superintendent. The bond	22698
shall be for the exclusive benefit of any buyer injured by a	22699
violation by an employee of the registrant, ~~licensee~~loan	22700
originator employed by or associated with the registrant, or	22701
registrant of any provision of sections 1322.01 to 1322.12 of the	22702
Revised Code or any rule adopted thereunder. The aggregate	22703
liability of the corporate surety for any and all breaches of the	22704
conditions of the bond shall not exceed the penal sum of the bond.	22705

(2) No licensee who is employed by or associated with a	22706
person or entity listed in division (G)(2) of section 1322.01 of	22707
the Revised Code shall conduct business in this state, unless the	22708
licensee has obtained and maintains in effect at all times a	22709
corporate surety bond issued by a bonding company or insurance	22710
company authorized to do business in this state. The bond shall be	22711
in favor of the superintendent of financial institutions and in	22712
the penal sum of the greater of the following: (a) fifty thousand	22713
dollars or (b) one-half per cent of the aggregate loan amount of	22714
residential mortgage loans originated in the immediately preceding	22715
calendar year, but not exceeding two hundred fifty thousand	22716
dollars. The term of the bond shall coincide with the term of	22717
licensure. A copy of the bond shall be filed with the	22718
superintendent. The bond shall be for the exclusive benefit of any	22719
buyer injured by a violation by the licensee of any provision of	22720
sections 1322.01 to 1322.12 of the Revised Code or any rule	22721
adopted thereunder. The aggregate liability of the corporate	22722
surety for any and all breaches of the conditions of the bond	22723
shall not exceed the penal sum of the bond.	22724

(B)(1)(a) The registrant shall give notice to the	22725
superintendent by certified mail of any action that is brought by	22726
a buyer against the registrant or, loan ~~officer of the registrant~~	22727
originator, or employee alleging injury by a violation of any	22728
provision of sections 1322.01 to 1322.12 of the Revised Code or	22729
any rule adopted thereunder, and of any judgment that is entered	22730
against the registrant or, loan ~~officer of the registrant~~	22731
originator, or employee by a buyer injured by a violation of any	22732
provision of sections 1322.01 to 1322.12 of the Revised Code or	22733
any rule adopted thereunder. The notice shall provide details	22734
sufficient to identify the action or judgment, and shall be filed	22735
with the superintendent within ten days after the commencement of	22736
the action or notice to the registrant of entry of a judgment.	22737

(b) The licensee shall give notice to the superintendent by	22738
certified mail of any action that is brought by a buyer against	22739
the licensee alleging injury by a violation of any provision of	22740
sections 1322.01 to 1322.12 of the Revised Code or any rule	22741
adopted thereunder, and of any judgment that is entered against	22742
the licensee by a buyer injured by a violation of any provision of	22743
sections 1322.01 to 1322.12 of the Revised Code or any rule	22744
adopted thereunder. The notice shall provide details sufficient to	22745
identify the action or judgment, and shall be filed with the	22746
superintendent within ten days after the commencement of the	22747
action or notice to the licensee of entry of a judgment. A person	22748
or entity listed in division (G)(2) of section 1322.01 of the	22749
Revised Code that secures bonding for the licensees employed by or	22750
associated with the person or entity shall report such actions or	22751
judgments in the same manner as is required of registrants.	22752

(2) A corporate surety, within ten days after it pays any	22753
claim or judgment, shall give notice to the superintendent by	22754
certified mail of the payment, with details sufficient to identify	22755
the person and the claim or judgment paid.	22756

(C) Whenever the penal sum of the corporate surety bond is	22757
reduced by one or more recoveries or payments, the registrant or	22758
licensee shall furnish a new or additional bond under this	22759
section, so that the total or aggregate penal sum of the bond or	22760
bonds equals the sum required by this section, or shall furnish an	22761
endorsement executed by the corporate surety reinstating the bond	22762
to the required penal sum of it.	22763

(D) The liability of the corporate surety on the bond to the	22764
superintendent and to any buyer injured by a violation of any	22765
provision of sections 1322.01 to 1322.12 of the Revised Code or	22766
any rule adopted thereunder shall not be affected in any way by	22767
any misrepresentation, breach of warranty, or failure to pay the	22768
premium, by any act or omission upon the part of the registrant or	22769
licensee, by the insolvency or bankruptcy of the registrant or	22770
licensee, or by the insolvency of the registrant's or licensee's	22771
estate. The liability for any act or omission that occurs during	22772
the term of the corporate surety bond shall be maintained and in	22773
effect for at least two years after the date on which the	22774
corporate surety bond is terminated or canceled.	22775

(E) The corporate surety bond shall not be canceled by the	22776
registrant, the licensee, or the corporate surety except upon	22777
notice to the superintendent by certified mail, return receipt	22778
requested. The cancellation shall not be effective prior to thirty	22779
days after the superintendent receives the notice.	22780

(F) No registrant or licensee employed by or associated with	22781
a person or entity listed in division (G)(2) of section 1322.01 of	22782
the Revised Code shall fail to comply with this section. Any	22783
registrant or licensee that fails to comply with this section	22784
shall cease all mortgage broker or loan originator activity in	22785
this state until the registrant or licensee complies with this	22786
section.	22787

Sec. 1322.051. (A) Each person designated under division	22788
(A)(3) of section 1322.03 of the Revised Code to act as operations	22789
manager for a mortgage broker business shall submit to an	22790
~~examination~~a written test approved by the superintendent of	22791
financial institutions. An individual shall not be considered to	22792
have passed the written test unless the individual achieves a test	22793
score of at least seventy-five per cent correct answers to all	22794
questions.	22795

(B) Each applicant for a loan ~~officer~~originator license	22796
shall submit to ~~an examination approved by the superintendent~~a	22797
written test that is developed and approved by the nationwide	22798
mortgage licensing system and registry and administered by a test	22799
provider approved by the nationwide mortgage licensing system and	22800
registry based on reasonable standards.	22801

(1) The test shall adequately measure the applicant's	22802
knowledge and comprehension in appropriate subject areas,	22803
including ethics, federal and state law related to mortgage	22804
origination, fraud, consumer protection, and the nontraditional	22805
mortgage marketplace, and fair lending issues.	22806

(2) An individual shall not be considered to have passed the	22807
written test unless the individual achieves a test score of at	22808
least seventy-five per cent correct answers on all questions and	22809
at least seventy-five per cent correct answers on all questions	22810
relating to state mortgage lending laws and the Ohio consumer	22811
sales practices act, Chapter 1345. of the Revised Code, as it	22812
applies to registrants and licensees.	22813

(3) An individual may retake the test three consecutive times	22814
provided the period between taking the tests is at least thirty	22815
days. If an individual fails three consecutive tests, the	22816
individual shall be required to wait at least six months before	22817
taking the test again.	22818

(4) If a loan originator fails to maintain a valid loan	22819
originator license for a period of five years or longer, the	22820
individual shall be required to retake the test.	22821

(C) Notwithstanding division (B) of this section, until the	22822
nationwide mortgage licensing system and registry implements a	22823
testing process that meets the criteria set forth in that	22824
division, the superintendent shall require each applicant to pass	22825
a written test acceptable to the superintendent.	22826

Sec. 1322.052. ~~On and after January 1, 2002, each~~(A) Each	22827
licensee and each person designated under division (A)(3) of	22828
section 1322.03 of the Revised Code to act as operations manager	22829
for a mortgage broker business shall complete at least ~~six~~eight	22830
hours of continuing education every calendar year. To fulfill this	22831
requirement, the ~~six~~eight hours of continuing education must be	22832
offered in a course or program of study reviewed and approved by	22833
the ~~superintendent of financial institutions~~nationwide mortgage	22834
licensing system and registry. The course or program of study	22835
shall include all of the following:	22836

(1) Three hours of applicable federal law and regulations;

22837

(2) Two hours of ethics, which shall include instruction on	22838
fraud, consumer protection, and fair lending issues;	22839

(3) Two hours of training related to lending standards for	22840
the nontraditional mortgage product marketplace.	22841

(B) Continuing education courses shall be reviewed and	22842
approved by the nationwide mortgage licensing system and registry	22843
based upon reasonable standards.	22844

(C) The following conditions apply to the continuing	22845
education required by this section:	22846

(1) An individual cannot take the same approved course in the	22847
same or successive years to meet the annual requirement for	22848
continuing education.	22849

(2) An individual can only receive credit for a continuing	22850
education course in the year in which the course is taken, unless	22851
the individual is making up a deficiency in continuing education	22852
pursuant to a rule or order of the superintendent of financial	22853
institutions.	22854

(3) A licensee who subsequently becomes unlicensed must	22855
complete the continuing education requirement for the last year in	22856
which the license was held prior to the issuance of a new or	22857
renewed license.	22858

(4) An individual who is approved as an instructor of a	22859
continuing education course receives credit for the individual's	22860
own annual continuing education requirement at the rate of two	22861
credit hours for every one hour taught.	22862

(5) If an individual successfully completed a continuing	22863
education course reviewed and approved by the nationwide mortgage	22864
licensing system and registry as required by another state, the	22865
individual can receive credit toward completion of the continuing	22866
education requirement of this state.	22867

(D) Notwithstanding division (A) of this section, until the	22868
nationwide mortgage licensing system and registry implements a	22869
review and approval process, each licensee or person designated	22870
under division (A)(3) of section 1322.03 of the Revised Code shall	22871
provide evidence that the licensee or person has successfully	22872
completed at least eight hours of continuing education in a course	22873
or program of study approved by the superintendent of financial	22874
institutions.	22875

Sec. 1322.06. (A) As often as the superintendent of	22876
financial institutions considers it necessary, the superintendent	22877
may examine the registrant's or licensee's records, including all	22878
records created or processed by a licensee, pertaining to business	22879
transacted pursuant to sections 1322.01 to 1322.12 of the Revised	22880
Code.	22881

(B) A registrant or licensee shall maintain records	22882
pertaining to business transacted pursuant to sections 1322.01 to	22883
1322.12 of the Revised Code, including copies of all mortgage loan	22884
origination disclosure statements prepared in accordance with	22885
section 1322.062 of the Revised Code, for four years. NoFor	22886
purposes of this division, "registrant or licensee" includes any	22887
person whose certificate of registration or license is cancelled,	22888
surrendered, or revoked or who otherwise ceases to engage in	22889
business as a mortgage broker or loan originator.	22890

No registrant shall fail to comply with this division.

22891

(C) Each registrant and licensee shall submit to the	22892
nationwide mortgage licensing system and registry call reports or	22893
other reports of condition, which reports shall be in such form	22894
and shall contain such information as the nationwide mortgage	22895
licensing system and registry may require.	22896

(D)(1) As required by the superintendent, each registrant	22897
shall file with the division of financial institutions an annual	22898
report under oath or affirmation, on forms supplied by the	22899
division, concerning the business and operations of the registrant	22900
for the preceding calendar year. If a registrant operates two or	22901
more registered offices or two or more affiliated registrants	22902
operate registered offices, a composite report of the group of	22903
registered offices may be filed in lieu of individual reports.	22904

(2) The division shall publish annually an analysis of the	22905
information required under division (D)(1) of this section, but	22906
the individual reports shall not be public records and shall not	22907
be open to public inspection or otherwise be subject to section	22908
149.43 of the Revised Code.	22909

Sec. 1322.061. (A)(1) The following information is	22910
confidential:	22911

(a) Examination information, and any information leading to	22912
or arising from an examination;	22913

(b) Investigation information, and any information arising	22914
from or leading to an investigation.	22915

(2) The information described in division (A)(1) of this	22916
section shall remain confidential for all purposes except when it	22917
is necessary for the superintendent of financial institutions to	22918
take official action regarding the affairs of a registrant or	22919
licensee, or in connection with criminal or civil proceedings to	22920
be initiated by a prosecuting attorney or the attorney general.	22921
This information may also be introduced into evidence or disclosed	22922
when and in the manner authorized by section 1181.25 of the	22923
Revised Code.	22924

(B) All application information, except social security	22925
numbers, employer identification numbers, financial account	22926
numbers, the identity of the institution where financial accounts	22927
are maintained, personal financial information, fingerprint cards	22928
and the information contained on such cards, and criminal	22929
background information, is a public record as defined in section	22930
149.43 of the Revised Code.	22931

(C) This section does not prevent the division of financial	22932
institutions from releasing to or exchanging with other financial	22933
institution regulatory authorities information relating to	22934
registrants and licensees. For this purpose, a "financial	22935
institution regulatory authority" includes a regulator of a	22936
business activity in which a registrant or licensee is engaged, or	22937
has applied to engage in, to the extent that the regulator has	22938
jurisdiction over a registrant or licensee engaged in that	22939
business activity. A registrant or licensee is engaged in a	22940
business activity, and a regulator of that business activity has	22941
jurisdiction over the registrant or licensee, whether the	22942
registrant or licensee conducts the activity directly or a	22943
subsidiary or affiliate of the registrant or licensee conducts the	22944
activity.	22945

(D) The superintendent shall, on a regular basis, report	22946
violations of sections 1322.01 to 1322.12 of the Revised Code, as	22947
well as enforcement actions and other relevant information, to the	22948
nationwide mortgage licensing system and registry.	22949

(E)(1) Any confidentiality or privilege arising under federal	22950
or state law with respect to any information or material provided	22951
to the nationwide mortgage licensing system and registry shall	22952
continue to apply to the information or material after the	22953
information or material is provided to the nationwide mortgage	22954
licensing system and registry. The information and material so	22955
provided may be released to any state or federal regulatory	22956
official with mortgage industry oversight authority without the	22957
loss of confidentiality or privilege protections provided by	22958
federal law or the law of any state. Information or material	22959
described in division (E)(1) of this section to which	22960
confidentiality or privilege applies shall not be subject to any	22961
of the following:	22962

(a) Disclosure under any federal or state law governing	22963
disclosure to the public of information held by an officer or an	22964
agency of the federal government or of the respective state;	22965

(b) Subpoena or discovery, or admission into evidence, in any	22966
private civil action or administrative process, unless the person	22967
to whom such information or material pertains waives, in whole or	22968
in part and at the discretion of the person, any privilege held by	22969
the nationwide mortgage licensing system and registry with respect	22970
to that information or material.	22971

(2) The superintendent, in order to promote more effective	22972
regulation and reduce regulatory burden through supervisory	22973
information sharing, may enter into sharing arrangements with	22974
other governmental agencies, the conference of state bank	22975
supervisors, and the American association of residential mortgage	22976
regulators.	22977

(3) Any state law, including the public records law, relating	22978
to the disclosure of confidential supervisory information or any	22979
information or material described in division (E)(1) of this	22980
section that is inconsistent with that division shall be	22981
superseded by the requirements of that division.	22982

(F) This section shall not apply with respect to information	22983
or material relating to the employment history of, and publicly	22984
adjudicated disciplinary and enforcement actions against, loan	22985
originators that is included in the nationwide mortgage licensing	22986
system and registry for access by the public.	22987

(G) This section does not prevent the division from releasing	22988
information relating to registrants and licensees to the attorney	22989
general, to the superintendent of real estate and professional	22990
licensing for purposes relating to the administration of Chapters	22991
4735. and 4763. of the Revised Code, to the superintendent of	22992
insurance for purposes relating to the administration of Chapter	22993
3953. of the Revised Code, to the commissioner of securities for	22994
purposes relating to the administration of Chapter 1707. of the	22995
Revised Code, or to local law enforcement agencies and local	22996
prosecutors. Information the division releases pursuant to this	22997
section remains confidential.	22998

(H) The superintendent of financial institutions shall, by	22999
rule adopted in accordance with Chapter 119. of the Revised Code,	23000
establish a process by which loan originators may challenge any	23001
information provided to the nationwide mortgage licensing system	23002
and registry by the superintendent.	23003

Sec. 1322.062. (A)(1) Within three business days after taking	23004
an application for a residential mortgage loan from a buyer, a	23005
registrant or licensee shall deliver to the buyer a residential	23006
mortgage loan origination disclosure statement that contains all	23007
of the following:	23008

(a) The name, address, and telephone number of the buyer;

23009

(b) The typewritten name of the loan ~~officer~~originator and	23010
the number designated on the loan ~~officer's~~originator's license;	23011

(c) The street address, telephone number, and facsimile	23012
number of the registrant and the number designated on the	23013
registrant's certificate of registration;	23014

(d) The signature of the loan ~~officer~~originator or	23015
registrant;	23016

(e) A statement indicating whether the buyer is to pay for	23017
the services of a bona fide third party if the registrant is	23018
unable to assist the buyer in obtaining a mortgage;	23019

(f) A statement that describes the method by which the fee to	23020
be paid by the buyer to the registrant will be calculated and a	23021
good faith estimate of the total amount of that fee;	23022

(g) A statement that the lender may pay compensation to the	23023
registrant;	23024

(h) A description of all the services the registrant has	23025
agreed to perform for the buyer;	23026

(i) A statement that the buyer has not entered into an	23027
exclusive agreement for brokerage services;	23028

(j) If the residential mortgage loan applied for will exceed	23029
ninety per cent of the value of the real property, a statement,	23030
printed in boldface type of the minimum size of sixteen points,	23031
as follows: "You are applying for a loan that is more than 90% of	23032
your home's value. It will be hard for you to refinance this	23033
loan. If you sell your home, you might owe more money on the loan	23034
than you get from the sale."	23035

(k) To acknowledge receipt, the signature of the buyer.

23036

(2) If the loan is a covered loan as defined in section	23037
1349.25 of the Revised Code, the registrant shall also deliver a	23038
copy of the residential mortgage loan origination disclosure	23039
statement to the lender.	23040

(B) If there is any change in the information provided under	23041
division (A)(1) of this section, the registrant or licensee shall	23042
provide the buyer with the revised residential mortgage loan	23043
origination disclosure statement and a written explanation of why	23044
the change occurred no later than twenty-four hours after the	23045
change occurs, or twenty-four hours before the loan is closed,	23046
whichever is earlier.	23047

(C) A registrant or licensee shall deliver to the buyer,	23048
immediately upon receipt, a copy of any nonproprietary or	23049
publicly available credit score and report obtained regarding the	23050
buyer by the registrant or licensee for the purpose of the	23051
residential mortgage loan application;	23052

If the loan ~~officer~~originator or registrant uses an	23053
automated valuation model to determine an appraisal report, the	23054
registrant or licensee also shall include a copy of the automated	23055
valuation model report.	23056

(D) A registrant or licensee shall deliver to the buyer, at	23057
the same time that the registrant or licensee delivers the	23058
residential mortgage loan origination disclosure statement	23059
pursuant to division (A) of this section, a good faith estimate	23060
statement that discloses the amount of or range of charges for	23061
the specific settlement services the buyer is likely to incur in	23062
connection with the residential mortgage loan. The good faith	23063
estimate statement shall meet the requirements of the "Real	23064
Estate Settlement Procedures Act," 88 Stat. 1724 (1974)., 12	23065
U.S.C.A. 2601 et seq., and shall include the following underlined	23066
notice in at least ten-point type, new roman style:	23067

"Nature of Relationship: In connection with this residential	23068
mortgage loan, you, the borrower(s), has/have requested assistance	23069
from ............ (company name) in arranging credit. We do not	23070
distribute all products in the marketplace and cannot guarantee	23071
the lowest rate.	23072

Termination: This agreement will continue until one of the	23073
following events occur:	23074

1. The loan closes.

23075

2. The request is denied.

23076

3. The borrower withdraws the request.

23077

4. The borrower decides to use another source for	23078
origination.	23079

5. The borrower is provided a revised good faith estimate	23080
statement.	23081

Notice to borrower(s): Signing this document does not obligate you	23082
to obtain a residential mortgage loan through this mortgage	23083
originator nor is this a loan commitment or an approval; nor is	23084
your interest rate locked at this time unless otherwise disclosed	23085
on a separate Rate Lock Disclosure Form. Do not sign this	23086
document until you have read and understood the information in	23087
it. You will receive a ~~re-disclosure~~ redisclosure of any increase	23088
in interest rate or if the total sum of disclosed	23089
settlement/closing costs increases by 10% or more of the original	23090
estimate. Should any such increase occur;, mandatory	23091
~~re-disclosure~~ redisclosure must occur prior to the settlement or	23092
close of escrow."	23093

(E) No registrant or licensee shall fail to comply with this	23094
section.	23095

Sec. 1322.063. (A) In addition to the disclosures required	23096
under section 1322.062 of the Revised Code, a registrant or	23097
licensee shall, not earlier than three business days nor later	23098
than twenty-four hours before a loan is closed, deliver to the	23099
buyer a written disclosure that includes the following:	23100

(1) A statement indicating whether property taxes will be	23101
escrowed;	23102

(2) A description of what is covered by the regular monthly	23103
payment, including principal, interest, taxes, and insurance, as	23104
applicable.	23105

(B) No registrant or licensee shall fail to comply with this	23106
section.	23107

Sec. 1322.064. (A) No registrant or licensee shall fail to do	23108
either of the following:	23109

(1) Timely inform the buyer of any material change in the	23110
terms of the residential mortgage loan. For purposes of division	23111
(A)(1) of this section, "material change" means the following:	23112

(a) A change in the type of residential mortgage loan being	23113
offered, such as a fixed or variable rate loan or a loan with a	23114
balloon payment;	23115

(b) A change in the term of the residential mortgage loan, as	23116
reflected in the number of monthly payments due before a final	23117
payment is scheduled to be made;	23118

23119

(d) A change in the regular total monthly payment of,	23120
including principal ~~and~~, interest, any required mortgage	23121
insurance, and any escrowed taxes or property insurance, of more	23122
than five per cent;	23123

(e) A change regarding whether the escrow of taxes or	23124
insurance is required;	23125

(f) A change regarding ~~the payment of~~whether private	23126
mortgage insurance is required.	23127

(2) Timely inform the buyer if any fees payable by the buyer	23128
to the licensee, registrant, or lender increase by more than ten	23129
per cent or one hundred dollars, whichever is greater.	23130

(B) The disclosures required by this section shall be deemed	23131
timely if the registrant or licensee provides the buyer with the	23132
revised information not later than twenty-four hours after the	23133
change occurs, or twenty-four hours before the loan is closed,	23134
whichever is earlier.	23135

(C) If an increase in the total amount of the fee to be paid	23136
by the buyer to the registrant or licensee is not disclosed in	23137
accordance with division (A)(2) of this section, the registrant or	23138
licensee shall refund to the buyer the amount by which the fee was	23139
increased. If the fee is financed into the loan, the registrant or	23140
licensee shall also refund to the buyer the interest that would	23141
accrue over the term of the loan on that excess amount.	23142

Sec. 1322.065. A person registered as a mortgage broker	23143
solely to sell leads of potential buyers to residential mortgage	23144
lenders or mortgage brokers, or solely to match buyers with	23145
residential mortgage lenders or mortgage brokers through a	23146
computerized loan origination system recognized by the United	23147
States department of housing and urban development, shall be	23148
required to make only those disclosures under sections 1322.01 to	23149
1322.12 of the Revised Code that apply to the portion of the	23150
transaction during which they have direct buyer contact, and shall	23151
be subject to all fair conduct and prohibition requirements in	23152
their dealing with buyers.	23153

Sec. 1322.07. No ~~mortgage broker,~~ registrant, licensee, or	23154
~~applicant for a certificate of registration~~person required to be	23155
registered or ~~license~~licensed under sections 1322.01 to 1322.12	23156
of the Revised Code, or individual disclosed in an application as	23157
required by division (A)(2) of section 1322.03 of the Revised Code	23158
shall do any of the following:	23159

(A) Obtain a mortgage broker certificate of registration or	23160
loan originator license through any false or fraudulent	23161
representation of a material fact or any omission of a material	23162
fact required by state law, or make any substantial	23163
misrepresentation in any registration or license application;	23164

(B) Make false or misleading statements of a material fact,	23165
omissions of statements required by state or federal law, or false	23166
promises regarding a material fact, through advertising or other	23167
means, or engage in a continued course of misrepresentations;	23168

(C) Engage in conduct that constitutes improper, fraudulent,	23169
or dishonest dealings;	23170

(D) Fail to notify the division of financial institutions	23171
within thirty days after ~~the registrant, licensee, or applicant,~~	23172
~~in a court of competent jurisdiction of this state or any other~~	23173
~~state, is~~any of the following:	23174

(1) Being convicted of or pleading guilty to a felony in a	23175
domestic, foreign, or military court;	23176

(2) Being convicted of or ~~pleads~~pleading guilty to any	23177
criminal offense involving theft, receiving stolen property,	23178
embezzlement, forgery, fraud, passing bad checks, money	23179
laundering, breach of trust, dishonesty, or drug trafficking, or	23180
any criminal offense involving money or securities;	23181

(3) Having a mortgage broker certificate of registration or	23182
loan originator license, or any comparable authority, revoked in	23183
any governmental jurisdiction.	23184

(E) Knowingly make, propose, or solicit fraudulent, false, or	23185
misleading statements on any mortgage loan document or on any	23186
document related to a mortgage loan, including a mortgage	23187
application, real estate appraisal, or real estate settlement or	23188
closing document. For purposes of this division, "fraudulent,	23189
false, or misleading statements" does not include mathematical	23190
errors, inadvertent transposition of numbers, typographical	23191
errors, or any other bona fide error.	23192

(F) Knowingly instruct, solicit, propose, or otherwise cause	23193
a buyer to sign in blank a mortgage related document;	23194

(G) Knowingly compensate, instruct, induce, coerce, or	23195
intimidate, or attempt to compensate, instruct, induce, coerce, or	23196
intimidate, a person licensed or certified under Chapter 4763. of	23197
the Revised Code for the purpose of corrupting or improperly	23198
influencing the independent judgment of the person with respect to	23199
the value of the dwelling offered as security for repayment of a	23200
mortgage loan;	23201

(H) Promise to refinance a loan in the future at a lower	23202
interest rate or with more favorable terms, unless the promise is	23203
set forth in writing and is initialed by the buyer.	23204

Sec. 1322.071. (A) As used in this section, "bona fide third	23205
party" has the same meaning as in section 1322.08 of the Revised	23206
Code.	23207

(B) No mortgage broker, registrant, loan originator, or	23208
licensee shall do any of the following:	23209

(1) Retain original documents provided to the mortgage	23210
broker, registrant, loan originator, or licensee by the buyer in	23211
connection with the residential mortgage loan application,	23212
including income tax returns, account statements, or other	23213
financial related documents;	23214

(2) Receive, directly or indirectly, a premium on the fees	23215
charged for services performed by a bona fide third party;	23216

(3) Pay or receive, directly or indirectly, a referral fee or	23217
kickback of any kind to or from a bona fide third party or other	23218
party with a related interest in the transaction, ~~such as~~	23219
including a home improvement builder, real estate developer, or	23220
real estate broker or agent, for the referral of business.	23221

(C)(1) No registrant, through its operations manager or	23222
otherwise, shall fail to reasonably supervise a loan originator or	23223
other persons employed by or associated with the registrant.	23224

(2) No registrant shall fail to establish reasonable	23225
procedures designed to avoid violations of sections 1322.01 to	23226
1322.12 of the Revised Code or rules adopted thereunder, or	23227
violations of applicable state and federal consumer and lending	23228
laws or rules, by loan originators or other persons employed by or	23229
associated with the registrant.	23230

Sec. 1322.072. No person, in connection with any examination	23231
or investigation conducted by the superintendent of financial	23232
institutions under sections 1322.01 to 1322.12 of the Revised	23233
Code, shall knowingly do ~~either~~any of the following:	23234

(A) Circumvent, interfere with, obstruct, or fail to	23235
cooperate, including making a false or misleading statement,	23236
failing to produce records, or intimidating or suborning any	23237
witness;	23238

(B) Tamper with, alter, or manufacture any evidence;

23239

(C) Withhold, abstract, remove, mutilate, destroy, or secrete	23240
any books, records, computer records, or other information.	23241

Sec. 1322.074. (A) ~~As used in this section and section~~	23242
~~1322.075 of the Revised Code:~~	23243

~~(1) "Appraisal company" means a sole proprietorship,~~	23244
~~partnership, corporation, limited liability company, or any other~~	23245
~~business entity or association, that employs or retains the~~	23246
~~services of a person licensed or certified under Chapter 4763. of~~	23247
~~the Revised Code for purposes of performing residential real~~	23248
~~estate appraisals for mortgage loans.~~	23249

~~(2) "Immediate family" means a spouse residing in the~~	23250
~~person's household and any dependent child.~~	23251

~~(B)~~ Except as otherwise provided in division ~~(C)~~(B) of this	23252
section, no registrant, or any member of the ~~registrant's~~	23253
immediate family of an owner of a registrant, shall own or control	23254
a majority interest in an appraisal company.	23255

~~(C)~~(B) Division ~~(B)~~(A) of this section shall not apply to any	23256
registrant, or any member of the ~~registrant's~~ immediate family of	23257
an owner of a registrant, who, on the effective date of this	23258
~~section~~amendment, owns or controls a majority interest in an	23259
appraisal company. However, such ownership or control is subject	23260
to the following conditions:	23261

(1) The registrant and members of the ~~registrant's~~ immediate	23262
family of an owner of a registrant shall not increase their	23263
interest in the company.	23264

(2) The interest is not transferable to a member of the	23265
~~registrant's~~ immediate family of an owner of a registrant.	23266

(3) If the registrant is convicted of or pleads guilty to a	23267
criminal violation of sections 1322.01 to 1322.12 of the Revised	23268
Code or any criminal offense described in division (A)(1)(b) of	23269
section 1322.10 of the Revised Code, the superintendent of	23270
financial institutions may, ~~as an alternative~~in addition to any	23271
of the actions authorized under section 1322.10 of the Revised	23272
Code, order the registrant or members of the ~~registrant's~~	23273
immediate family of an owner of a registrant to divest their	23274
interest in the company.	23275

Sec. 1322.075. (A) No registrant or licensee or person	23276
required to be registered or licensed under ~~this chapter~~sections	23277
1322.01 to 1322.12 of the Revised Code shall refer a buyer to any	23278
settlement service provider, including any title insurance	23279
company, without providing the buyer with written notice	23280
disclosing all of the following:	23281

(1) Any business relationship that exists between the	23282
registrant, licensee, or person required to be registered or	23283
licensed under ~~this chapter~~sections 1322.01 to 1322.12 of the	23284
Revised Code, and the provider to which the buyer is being	23285
referred, and any financial benefit that the registrant, licensee,	23286
or person may be provided because of the relationship;	23287

(2) The percentage of ownership interest the registrant,	23288
licensee, or person required to be registered or licensed under	23289
~~this chapter~~sections 1322.01 to 1322.12 of the Revised Code has	23290
in the provider to which the buyer is being referred;	23291

(3) The estimated charge or range of charges for the	23292
settlement service listed;	23293

(4) The following statement, printed in boldface type of the	23294
minimum size of sixteen points: "There are frequently other	23295
settlement service providers available with similar services. You	23296
are free to shop around to determine that you are receiving the	23297
best services and the best rate for these services."	23298

(B) No registrant or licensee shall refer a buyer to an	23299
appraisal company, if the registrant or licensee, a member of the	23300
immediate family of an owner of the registrant, or a member of the	23301
~~registrant's or~~ licensee's immediate family, has either of the	23302
following financial relationships with the appraisal company:	23303

(1) An ownership or investment interest in the company,	23304
whether through debt, equity, or other means;	23305

(2) Any compensation arrangement involving any remuneration,	23306
directly or indirectly, overtly or covertly, in cash or in kind.	23307

(C) No registrant or licensee shall knowingly enter into an	23308
arrangement or scheme, including a cross-referral arrangement,	23309
that has a principal purpose of assuring referrals by a registrant	23310
or licensee to a particular appraisal company that would violate	23311
division (B) of this section.	23312

(D) The registrant, licensee, or person required to be	23313
registered or licensed under ~~this chapter~~sections 1322.01 to	23314
1322.12 of the Revised Code shall retain proof that the buyer	23315
received the written disclosures required by division (A) of this	23316
section for four years.	23317

Sec. 1322.08. (A) No registrant shall fail to do any of the	23318
following:	23319

(1) Maintain a special account;

23320

(2) Deposit into the registrant's special account any bona	23321
fide third-party fee the registrant receives;	23322

(3) Pay bona fide third-party fees to a bona fide third party	23323
from the registrant's special account.	23324

(B) Except as otherwise provided in ~~this division~~sections	23325
1322.01 to 1322.12 of the Revised Code, no registrant shall charge	23326
or receive, directly or indirectly, fees for assisting a buyer in	23327
obtaining a residential mortgage loan, until all of the services	23328
that the registrant has agreed to perform for the buyer are	23329
completed, and the proceeds of the residential mortgage loan have	23330
been disbursed to or on behalf of the buyer. However, prior to	23331
completion of such services the following fees may be paid for	23332
services performed by a bona fide third party in assisting the	23333
buyer to obtain a residential mortgage loan if the fees are either	23334
paid directly by the buyer to the bona fide third party or, except	23335
as provided in division (B)(5) of this section, the fees are	23336
deposited by the registrant into the registrant's special account	23337
for services performed by the bona fide third party:	23338

(1) Fees to obtain a report from a credit reporting agency;

23339

(2) Fees for notary services;

23340

(3) Fees for the performance of a title search, appraisal of	23341
the real estate, or survey of the real estate;	23342

(4) Fees charged by a lender for locking in an interest rate	23343
in connection with obtaining or refinancing a residential mortgage	23344
loan, provided that the fees do not exceed an amount equal to one	23345
and one-half per cent of the mortgage loan amount;	23346

(5) Fees not exceeding five hundred dollars paid directly by	23347
the buyer to a state or federal government agency or	23348
instrumentality for purposes of processing a mortgage application	23349
relating to a government sponsored or guaranteed mortgage program.	23350

(C) If fees are paid by a buyer for the performance of any of	23351
the services described in division (B)(3) of this section and the	23352
registrant is unable to assist in obtaining a mortgage for the	23353
buyer, the registrant shall return to the buyer the original	23354
documents prepared by the bona fide third party at the time that	23355
the request for the mortgage is refused or denied. With respect to	23356
any appraisal, however, the registrant may return either the	23357
original or a copy. No registrant shall fail to comply with this	23358
division.	23359

(D) For purposes of this section:

23360

(1) "Bona fide third party" means a person that is not an	23361
employee of, related to, or affiliated with, the registrant, and	23362
that is not used for the purpose of circumvention or evasion of	23363
this section.	23364

(2) "Special account" means aan insured depository account	23365
with a ~~financial~~depository institution~~, the deposits of which are~~	23366
~~insured by the federal deposit insurance corporation,~~ that is	23367
separate and distinct from any personal or other account of the	23368
registrant, and that is maintained solely for the holding and	23369
payment of fees described in this section for services performed	23370
by bona fide third parties and received by the registrant from	23371
buyers that the registrant assists in obtaining mortgages.	23372

Sec. 1322.081. (A) A registrant, licensee, and any person	23373
required to be registered or licensed under ~~this chapter~~sections	23374
1322.01 to 1322.12 of the Revised Code, in addition to duties	23375
imposed by other statutes or common law, shall do all of the	23376
following:	23377

(1) Safeguard and account for any money handled for the	23378
~~borrower~~buyer;	23379

(2) Follow reasonable and lawful instructions from the	23380
~~borrower~~buyer;	23381

(3) Act with reasonable skill, care, and diligence;

23382

(4) Act in good faith and with fair dealing in any	23383
transaction, practice, or course of business in connection with	23384
the brokering or originating of any residential mortgage loan;	23385

(5) Make reasonable efforts to secure a residential mortgage	23386
loan, from lenders with whom the registrant, licensee, or person	23387
regularly does business, with rates, charges, and repayment terms	23388
that are advantageous to the ~~borrower~~buyer.	23389

(B) Division (A) of this section shall not apply to wholesale	23390
lenders. However, wholesale lenders are subject to all other	23391
requirements applicable to mortgage brokers and nonbank mortgage	23392
lenders. For purposes of this division, "wholesale lender" means a	23393
company that has been issued a mortgage broker certificate of	23394
registration and that enters into transactions with buyers	23395
exclusively through unaffiliated third-party mortgage brokers.	23396

(C) The duties and standards of care created in this section	23397
cannot be waived or modified.	23398

(D)(1) A buyer injured by a violation of this section may	23399
bring an action for recovery of damages.	23400

(2) Damages awarded under division (D)(1) of this section	23401
shall not be less than all compensation paid directly or	23402
indirectly to a mortgage broker from any source, plus reasonable	23403
attorney's fees and court costs.	23404

(3) The buyer may be awarded punitive damages.

23405

(E) A buyer injured by a violation of this section is	23406
precluded from recovering any damages, plus reasonable attorney's	23407
fees and costs, if the buyer has also recovered any damages in a	23408
cause of action initiated under section 1322.11 of the Revised	23409
Code and the recovery of damages for a violation of this section	23410
is based on the same acts or circumstances as the basis for	23411
recovery of damages in section 1322.11 of the Revised Code.	23412

Sec. 1322.09. (A) A mortgage broker or loan originator shall	23413
disclose in any printed, televised, broadcast, electronically	23414
transmitted, or published advertisement relating to the mortgage	23415
broker's or loan's originator services, including on any	23416
electronic site accessible through the internet, the name and	23417
street address of the mortgage broker or loan's originator and the	23418
number designated on the certificate of registration or license	23419
that is issued to the mortgage broker or loan originator by the	23420
superintendent of financial institutions under sections 1322.01	23421
to 1322.12 of the Revised Code.	23422

(B) In making any advertisement, a mortgage broker shall	23423
comply with 12 C.F.R. 226.16, as amended.	23424

(C) No mortgage broker or loan originator shall fail to	23425
comply with this section.	23426

Sec. 1322.10. (A) After notice and opportunity for a hearing	23427
conducted in accordance with Chapter 119. of the Revised Code, the	23428
superintendent of financial institutions may do the following:	23429

(1) Suspend, revoke, or refuse to issue or renew a	23430
certificate of registration or license if the superintendent finds	23431
~~either~~any of the following:	23432

(a) A violation of or failure to comply with any provision of	23433
sections 1322.01 to 1322.12 of the Revised Code or the rules	23434
adopted under those sections, federal lending law, or any other	23435
law applicable to the business conducted under a certificate of	23436
registration or license;	23437

(b) A conviction of or guilty plea to a felony in a domestic,	23438
foreign, or military court;	23439

(c) A conviction of or guilty plea to any criminal offense	23440
involving theft, receiving stolen property, embezzlement, forgery,	23441
fraud, passing bad checks, money laundering, breach of trust,	23442
dishonesty, or drug trafficking, or any criminal offense involving	23443
money or securities, in a domestic, foreign, or military court;	23444

(d) The revocation of a mortgage broker certificate of	23445
registration or loan originator license, or any comparable	23446
authority, in any governmental jurisdiction.	23447

(2) Impose a fine of not more than one thousand dollars, for	23448
each day a violation of a law or rule is committed, repeated, or	23449
continued. If the registrant or licensee engages in a pattern of	23450
repeated violations of a law or rule, the superintendent may	23451
impose a fine of not more than two thousand dollars for each day	23452
the violation is committed, repeated, or continued. All fines	23453
collected pursuant to this division shall be paid to the treasurer	23454
of state to the credit of the consumer finance fund created in	23455
section 1321.21 of the Revised Code. In determining the amount of	23456
a fine to be imposed pursuant to this division, the superintendent	23457
~~shall~~may consider all of the following, to the extent known by	23458
the division of financial institutions:	23459

(a) The seriousness of the violation;

23460

(b) The registrant's or licensee's good faith efforts to	23461
prevent the violation;	23462

(c) The registrant's or licensee's history regarding	23463
violations and compliance with division orders;	23464

(d) The registrant's or licensee's financial resources;

23465

(e) Any other matters the superintendent considers	23466
appropriate in enforcing sections 1322.01 to 1322.12 of the	23467
Revised Code.	23468

(B) The superintendent may investigate alleged violations of	23469
sections 1322.01 to 1322.12 of the Revised Code or the rules	23470
adopted under those sections or complaints concerning any ~~such~~	23471
violation. ~~The~~	23472

(1) The superintendent may make application to the court of	23473
common pleas for an order enjoining any ~~such~~ violation, and, upon	23474
a showing by the superintendent that a person has committed or is	23475
about to commit ~~such a~~that violation, the court shall grant an	23476
injunction, restraining order, or other appropriate relief.	23477

(2) The superintendent may make application to the court of	23478
common pleas for an order enjoining any person from acting as a	23479
mortgage broker, registrant, loan originator, or licensee in	23480
violation of division (A) or (B) of section 1322.02 of the Revised	23481
Code, and may seek and obtain civil penalties for unregistered or	23482
unlicensed conduct of not more than five thousand dollars per	23483
violation.	23484

(C) In conducting any investigation pursuant to this section,	23485
the superintendent may compel, by subpoena, witnesses to testify	23486
in relation to any matter over which the superintendent has	23487
jurisdiction and may require the production of any book, record,	23488
or other document pertaining to that matter. If a person fails to	23489
file any statement or report, obey any subpoena, give testimony,	23490
produce any book, record, or other document as required by a	23491
subpoena, or permit photocopying of any book, record, or other	23492
document subpoenaed, the court of common pleas of any county in	23493
this state, upon application made to it by the superintendent,	23494
shall compel obedience by attachment proceedings for contempt, as	23495
in the case of disobedience of the requirements of a subpoena	23496
issued from the court or a refusal to testify therein.	23497

(D) If the superintendent determines that a person is engaged	23498
in or is believed to be engaged in activities that may constitute	23499
a violation of sections 1322.01 to 1322.12 of the Revised Code or	23500
any rule adopted thereunder, the superintendent, after notice and	23501
a hearing conducted in accordance with Chapter 119. of the	23502
Revised Code, may issue a cease and desist order or seek or	23503
impose fines of not more than five thousand dollars per violation.	23504
Such an order shall be enforceable in the court of common pleas.	23505

(E) If the superintendent revokes ~~the~~a mortgage broker	23506
certificate of registration or loan originator license ~~of a~~	23507
~~registrant or licensee who is convicted of or pleads guilty to a~~	23508
~~criminal violation of any provision of sections 1322.01 to 1322.12~~	23509
~~of the Revised Code or any criminal offense described in division~~	23510
~~(A)(1)(b) of this section~~, the revocation shall be permanent and	23511
with prejudice.	23512

(F)(1) To protect the public interest, the superintendent	23513
may, without a prior hearing, do any of the following:	23514

(a) Suspend the mortgage broker certificate of registration	23515
or loan originator license of a registrant or licensee who is	23516
convicted of or pleads guilty to a criminal violation of any	23517
provision of sections 1322.01 to 1322.12 of the Revised Code or	23518
any criminal offense described in division (A)(1)(b) or (c) of	23519
this section;	23520

(b) Suspend the mortgage broker certificate of registration	23521
of a registrant who violates division (F) of section 1322.05 of	23522
the Revised Code;	23523

(c) Suspend the mortgage broker certificate of registration	23524
or loan originator license of a registrant or licensee who fails	23525
to comply with a request made by the superintendent under section	23526
1322.03 or 1322.031 of the Revised Code to inspect qualifying	23527
education transcripts located at the registrant's or licensee's	23528
place of business.	23529

(2) The superintendent ~~shall, without a prior hearing,~~	23530
~~suspend the certificate of registration of a registrant whose~~	23531
~~operations manager has failed to fulfill the continuing education~~	23532
~~requirements of section 1322.052 of the Revised Code and suspend~~	23533
~~the license of a licensee who has failed to fulfill those~~	23534
~~continuing education requirements. The suspension shall continue~~	23535
~~until such time as the required continuing education is completed~~	23536
~~and a fine of five hundred dollars is paid to the treasurer of~~	23537
~~state to the credit of the consumer finance fund.~~	23538

~~(3) The superintendent~~ may, in accordance with Chapter 119.	23539
of the Revised Code, subsequently revoke any registration or	23540
license suspended under division (F)(1) of this section.	23541

~~(4)~~(3) The superintendent shall, in accordance with Chapter	23542
119. of the Revised Code, adopt rules establishing the maximum	23543
amount of time a suspension under division (F)(1) of this section	23544
may continue before a hearing is conducted.	23545

(G) The imposition of fines under this section does not	23546
preclude any penalty imposed under section 1322.99 of the Revised	23547
Code.	23548

Sec. 1322.11. (A)(1) A buyer injured by a violation of	23549
section 1322.02, 1322.062, 1322.063, 1322.064, 1322.07, 1322.071,	23550
1322.08, or 1322.09 of the Revised Code may bring an action for	23551
recovery of damages.	23552

(2) Damages awarded under division (A)(1) of this section	23553
shall not be less than all compensation paid directly and	23554
indirectly to a mortgage broker or loan originator from any	23555
source, plus reasonable attorney's fees and court costs.	23556

(3) The buyer may be awarded punitive damages.

23557

(B)(1) The superintendent of financial institutions or a	23558
buyer may directly bring an action to enjoin a violation of	23559
sections 1322.01 to 1322.12 of the Revised Code. The attorney	23560
general may directly bring an action to enjoin a violation of	23561
sections 1322.01 to 1322.12 of the Revised Code with the same	23562
rights, privileges, and powers as those described in section	23563
1345.06 of the Revised Code. The prosecuting attorney of the	23564
county in which the action may be brought may bring an action to	23565
enjoin a violation of sections 1322.01 to 1322.12 of the Revised	23566
Code only if the prosecuting attorney first presents any evidence	23567
of the violation to the attorney general and, within a reasonable	23568
period of time, the attorney general has not agreed to bring the	23569
action.	23570

(2) The superintendent may initiate criminal proceedings	23571
under sections 1322.01 to 1322.12 of the Revised Code by	23572
presenting any evidence of criminal violation to the prosecuting	23573
attorney of the county in which the offense may be prosecuted. If	23574
the prosecuting attorney does not prosecute the violations, or at	23575
the request of the prosecuting attorney, the superintendent shall	23576
present any evidence of criminal violations to the attorney	23577
general, who may proceed in the prosecution with all the rights,	23578
privileges, and powers conferred by law on prosecuting attorneys,	23579
including the power to appear before grand juries and to	23580
interrogate witnesses before such grand juries. These powers of	23581
the attorney general shall be in addition to any other applicable	23582
powers of the attorney general.	23583

(3) The prosecuting attorney of the county in which an	23584
alleged offense may be prosecuted may initiate criminal	23585
proceedings under sections 1322.01 to 1322.12 of the Revised Code.	23586

(4) In order to initiate criminal proceedings under sections	23587
1322.01 to 1322.12 of the Revised Code, the attorney general shall	23588
first present any evidence of criminal violations to the	23589
prosecuting attorney of the county in which the alleged offense	23590
may be prosecuted. If, within a reasonable period of time, the	23591
prosecuting attorney has not agreed to prosecute the violations,	23592
the attorney general may proceed in the prosecution with all the	23593
rights, privileges, and powers described in division (B)(2) of	23594
this section.	23595

(5) When a judgment under this section becomes final, the	23596
clerk of court shall mail a copy of the judgment, including	23597
supporting opinions, to the superintendent.	23598

(C) The remedies provided by this section are in addition to	23599
any other remedy provided by law.	23600

(D) In any proceeding or action brought under sections	23601
1322.01 to 1322.12 of the Revised Code, the burden of proving an	23602
exemption under those sections is on the person claiming the	23603
benefit of the exemption.	23604

(E) No person shall be deemed to violate sections 1322.01 to	23605
1322.12 of the Revised Code with respect to any act taken or	23606
omission made in reliance on a written notice, written	23607
interpretation, or written report from the superintendent, unless	23608
there is a subsequent amendment to those sections, or rules	23609
promulgated thereunder, that affects the superintendent's notice,	23610
interpretation, or report.	23611

(F) Upon disbursement of mortgage loan proceeds to or on	23612
behalf of the buyer, the registrant that assisted the buyer to	23613
obtain the mortgage loan is deemed to have completed the	23614
performance of the registrant's services for the buyer and owes no	23615
additional duties or obligations to the buyer with respect to the	23616
mortgage loan. However, nothing in this division shall be	23617
construed to limit or preclude the civil or criminal liability of	23618
a registrant for failing to comply with sections 1322.01 to	23619
1322.12 of the Revised Code or any rule adopted under those	23620
sections, for failing to comply with any provision of or duty	23621
arising under an agreement with a buyer or lender under sections	23622
1322.01 to 1322.12 of the Revised Code, or for violating any other	23623
provision of state or federal law.	23624

(G) A buyer injured by a violation of any of the sections	23625
specified in division (A)(1) of this section is precluded from	23626
recovering any damages, plus reasonable attorney's fees and costs,	23627
if the buyer has also recovered any damages in a cause of action	23628
initiated under section 1322.081 of the Revised Code and the	23629
recovery of damages for a violation of any of the sections	23630
specified in division (A)(1) of this section is based on the same	23631
acts or circumstances as the basis for recovery of damages in	23632
section 1322.081 of the Revised Code.	23633

Sec. 1327.46. ~~(A)~~As used in sections 1327.46 to 1327.71 of	23634
the Revised Code:	23635

(A) "Weights and measures" means all weights and measures of	23636
every kind, instruments and devices for weighing and measuring,	23637
and any appliances and accessories associated with any such	23638
instruments and devices, except that the term shall not be	23639
construed to include meters for the measurement of electricity,	23640
gas, whether natural or manufactured, or water when the same are	23641
operated in a public utility system. Such electricity, gas, and	23642
water meters, and appliances or accessories associated therewith	23643
are specifically excluded from the purview of the weights and	23644
measures laws.	23645

(B) "Intrastate commerce" means all commerce or trade that is	23646
begun, carried on, and completed wholly within the limits of this	23647
state, and "introduced into intrastate commerce" defines the time	23648
and place in which the first sale and delivery of a commodity is	23649
made within the state, the delivery being made either directly to	23650
the purchaser or to a common carrier for shipment to the	23651
purchaser.	23652

(C) "Package" means any commodity put up or packaged in any	23653
manner in advance of sale in units suitable for either wholesale	23654
or retail sale.	23655

(D) "Consumer package" means a package that is customarily	23656
produced or distributed for sale through a retail sales agency for	23657
consumption by an individual or use by an individual.	23658

(E) "Weight" as used in connection with any commodity means	23659
net weight.	23660

(F) "Correct" as used in connection with weights and measures	23661
means conformity with all applicable requirements of sections	23662
1327.46 to ~~1327.61~~1327.71 of the Revised Code and rules adopted	23663
pursuant to those sections.	23664

(G) "Primary standards" means the physical standards of the	23665
state that serve as the legal reference from which all other	23666
standards and weights and measures are derived.	23667

(H) "Secondary standards" means the physical standards that	23668
are traceable to the primary standards through comparisons, using	23669
acceptable laboratory procedures, and used in the enforcement of	23670
weights and measures laws and rules.	23671

(I) "Sale from bulk" means the sale of commodities when the	23672
quantity is determined at the time of sale.	23673

(J) "Net weight" means the weight of a commodity, excluding	23674
any materials, substances, or items not considered to be a part of	23675
the commodity. Materials, substances, or items not considered to	23676
be part of the commodity include, but are not limited to,	23677
containers, conveyances, bags, wrappers, packaging materials,	23678
labels, individual piece coverings, decorative accompaniments, and	23679
coupons.	23680

(K) "Random weight package" means a package that is one of a	23681
lot, shipment, or delivery of packages of the same commodity with	23682
no fixed pattern of weights.	23683

(L) "Motor fuel" means any liquid or gaseous matter that is	23684
used individually or blended for the generation of power in an	23685
internal combustion engine.	23686

(M) "ASTM" means the American society for testing and	23687
materials.	23688

(N) "NIST handbook 130" means the national institute of	23689
standards and technology handbook 130 "uniform laws and	23690
regulations in the areas of legal metrology and engine fuel	23691
quality."	23692

(O) "Petroleum products" means products that are obtained	23693
from the distilling and processing of crude oil and refinery blend	23694
stocks.	23695

(P) "Sold" includes keeping, offering, or exposing for sale.

23696

(Q) "Commercially used weighing and measuring device" means a	23697
device described in the national institute of standards and	23698
technology handbook 44 or its supplements and revisions and any	23699
other weighing and measuring device designated by rules adopted	23700
under section 1327.501 of the Revised Code.	23701

Sec. 1327.50. The director of agriculture shall:

23702

(A) Maintain traceability of the state standards to those of	23703
the national institute of standards and technology;	23704

(B) Enforce sections 1327.46 to ~~1327.61~~1327.71 of the	23705
Revised Code;	23706

(C) Issue reasonable rules for the uniform enforcement of	23707
sections 1327.46 to ~~1327.61~~1327.71 of the Revised Code, which	23708
rules shall have the force and effect of law;	23709

(D) Establish standards of weight, measure, or count,	23710
reasonable standards of fill, and standards for the voluntary	23711
presentation of cost per unit information for any package;	23712

(E) Grant any exemptions from sections 1327.46 to ~~1327.61~~	23713
1327.71 of the Revised Code, or any rules adopted under those	23714
sections, when appropriate to the maintenance of good commercial	23715
practices in the state;	23716

(F) Conduct investigations to ensure compliance with sections	23717
1327.46 to ~~1327.61~~1327.71 of the Revised Code;	23718

(G) Delegate to appropriate personnel any of these	23719
responsibilities for the proper administration of the director's	23720
office;	23721

(H) Test as often as is prescribed by rule the standards of	23722
weight and measure used by any municipal corporation or county	23723
within the state, and approve the same when found to be correct;	23724

(I) Inspect and test weights and measures ~~kept, offered, or~~	23725
~~exposed for sale~~that are sold;	23726

(J) Inspect and test to ascertain if they are correct,	23727
weights and measures commercially used either:	23728

(1) In determining the weight, measure, or count of	23729
commodities or things sold~~, or offered or exposed for sale,~~ on the	23730
basis of weight, measure, or count;	23731

(2) In computing the basic charge or payment for goods or	23732
services rendered on the basis of weight, measure, or count.	23733

(K) Test all weights and measures used in checking the	23734
receipt or disbursement of supplies in every institution, for the	23735
maintenance of which funds are appropriated by the general	23736
assembly;	23737

(L) Approve for use, and may mark, such weights and measures	23738
as the director finds to be correct, and shall reject and mark as	23739
rejected such weights and measures as the director finds to be	23740
incorrect. Weights and measures that have been rejected may be	23741
seized if not corrected within the time specified or if used or	23742
disposed of in a manner not specifically authorized, and may be	23743
condemned and seized if found to be incorrect and not capable of	23744
being made correct.	23745

(M) Weigh, measure, or inspect packaged commodities ~~kept,~~	23746
~~offered, or exposed for sale,~~that are sold, or in the process of	23747
delivery to determine whether they contain the amounts represented	23748
and whether they are ~~kept, offered, or exposed for sale~~sold in	23749
accordance with sections 1327.46 to ~~1327.61~~1327.71 of the Revised	23750
Code or rules adopted under those sections. In carrying out this	23751
section, the director shall employ recognized sampling procedures,	23752
such as those designated in the national institute of standards	23753
and technology handbook 133 "checking the net contents of packaged	23754
goods."	23755

(N) Prescribe by rule the appropriate term or unit of weight	23756
or measure to be used, whenever the director determines in the	23757
case of a specific commodity that an existing practice of	23758
declaring the quantity by weight, measure, numerical count, or	23759
combination thereof, does not facilitate value comparisons by	23760
consumers, or offers an opportunity for consumer confusion;	23761

(O) Allow reasonable variations from the stated quantity of	23762
contents, which shall include those caused by unavoidable	23763
deviations in good manufacturing practice and by loss or gain of	23764
moisture during the course of good distribution practice, only	23765
after the commodity has entered intrastate commerce;	23766

(P) Provide for the weights and measures training of	23767
inspector personnel and establish minimum training requirements,	23768
which shall be met by all inspector personnel, whether county,	23769
municipal, or state;	23770

(Q) Prescribe the methods of tests and inspections to be	23771
employed in the enforcement of sections 1327.46 to ~~1327.61~~1327.71	23772
of the Revised Code. The director may prescribe the official test	23773
and inspection forms to be used.	23774

(R) Provide by rule for voluntary registration with the	23775
director of private weighing and measuring device servicing	23776
agencies, and personnel;	23777

(S) In conjunction with the national institute of standards	23778
and technology, operate a type evaluation program for	23779
certification of weighing and measuring devices as part of the	23780
national type evaluation program and operate a metrology	23781
laboratory program. The director shall establish a schedule of	23782
fees for services rendered by the department of agriculture for	23783
the type evaluation ~~services~~program and the metrology laboratory	23784
program. The director may require any weighing or measuring	23785
instrument or device to be traceable to a national type evaluation	23786
program certificate of conformance prior to use for commercial or	23787
law enforcement purposes.	23788

(T) Administer the fuel quality testing program in accordance	23789
with sections 1327.70 and 1327.71 of the Revised Code and rules	23790
adopted under them.	23791

Sec. 1327.501. (A) On and after the effective date of the	23792
rules adopted under this section, no person shall operate a	23793
commercially used weighing and measuring device in this state	23794
unless the operator of the device obtains a permit issued by the	23795
director of agriculture or the director's designee.	23796

(B) An application for a permit shall be submitted to the	23797
director on a form that the director prescribes and provides. The	23798
applicant shall include with the application any information that	23799
is specified on the application form as well as the application	23800
fee established in rules adopted under this section.	23801

(C) Upon receipt of a completed application and the required	23802
fee from an applicant, the director or the director's designee	23803
shall issue or deny the permit to operate the commercially used	23804
weighing and measuring device that was the subject of the	23805
application.	23806

(D) A permit issued under this section expires on the	23807
thirtieth day of June of the year following its issuance and may	23808
be renewed annually on or before the first day of July of that	23809
year upon payment of a permit renewal fee established in rules	23810
adopted under this section.	23811

(E) If a permit renewal fee is more than sixty days past due,	23812
the director may assess a late penalty in an amount established by	23813
rules adopted under this section.	23814

(F) The director shall adopt rules in accordance with Chapter	23815
119. of the Revised Code that do all of the following:	23816

(1) Establish procedures and requirements governing the	23817
issuance or denial of permits under this section;	23818

(2) Designate weighing and measuring devices for which a	23819
permit is required under this section in addition to those devices	23820
specified in the national institute of standards and technology	23821
handbook 44 or its supplements and revisions;	23822

(3) Establish application fees required to be paid by	23823
applicants for permits under this section;	23824

(4) Establish permit renewal fees required to be paid by	23825
permittees under this section;	23826

(5) Establish late penalties to be assessed for the late	23827
payment of a permit renewal fee and fees for the replacement of	23828
lost or destroyed permits.	23829

(G) All money collected through the payment of fees and the	23830
imposition of penalties under this section shall be credited to	23831
the metrology and scale certification and device permitting fund	23832
created in section 1327.511 of the Revised Code.	23833

Sec. 1327.51. (A) When necessary for the enforcement of	23834
sections 1327.46 to ~~1327.61~~1327.71 of the Revised Code or rules	23835
adopted pursuant thereto, the director of agriculture and any	23836
weights and measures official acting under the authority of	23837
section 1327.52 of the Revised Code may do any of the following:	23838

(1) Enter any commercial premises during normal business	23839
hours, except that in the event such premises are not open to the	23840
public, hethe director or official shall first present ~~his~~the	23841
director's or official's credentials and obtain consent before	23842
making entry thereto, unless a search warrant previously has been	23843
obtained;	23844

(2) Issue stop-use, hold, and removal orders with respect to	23845
any weights and measures commercially used, and stop-sale, hold,	23846
and removal orders with respect to any packaged commodities or	23847
bulk commodity observed to be or believed to be ~~kept, offered, or~~	23848
~~exposed for sale~~sold;	23849

(3) Seize for use as evidence any incorrect or unapproved	23850
weight or measure or any package or commodity found to be used,	23851
retained, ~~offered or exposed for sale,~~ or sold in violation of	23852
sections 1327.46 to ~~1327.61~~1327.71 of the Revised Code or rules	23853
~~promulgated~~adopted pursuant thereto.	23854

(B) The director shall afford an opportunity for a hearing in	23855
accordance with Chapter 119. of the Revised Code to any owner or	23856
operator whose property is seized by the ~~Ohio~~ department of	23857
agriculture.	23858

Sec. 1327.511. All money collected under ~~section~~sections	23859
1327.50 and 1327.501 of the Revised Code from fees and for	23860
services rendered by the department of agriculture in operating	23861
the type evaluation program, metrology laboratory program, and	23862
device permitting program, as applicable, shall be deposited in	23863
the state treasury to the credit of the metrology and scale	23864
certification and device permitting fund, which is hereby created.	23865
Money credited to the fund shall be used to pay operating costs	23866
incurred by the department in administering the ~~program~~division	23867
of weights and measures, including administrative costs incurred	23868
by the division.	23869

Sec. 1327.52. Any weights and measures official elected or	23870
appointed for a county or ~~municipality~~municipal corporation shall	23871
have the duties enumerated in divisions (I) to ~~(M)~~(L) of section	23872
1327.50 of the Revised Code,; the duties enumerated in division	23873
(M) of section 1327.50 of the Revised Code with the exception of	23874
duties enumerated in sections 1327.501, 1327.511, 1327.62,	23875
1327.65, 1327.70, and 1327.71 of the Revised Code; and the powers	23876
enumerated in section 1327.51 of the Revised Code. These powers	23877
and duties shall extend to the respective jurisdictions, except	23878
that the jurisdiction of a county official shall not extend to any	23879
municipal corporation for which a weights and measures official	23880
has been appointed. The director of agriculture shall advise and	23881
assist these officials.	23882

Sec. 1327.54. No person shall misrepresent the price of any	23883
commodity or service sold~~, offered, exposed,~~ or advertised for	23884
sale by weight, measure, or count, nor represent the price in any	23885
manner calculated or tending to mislead or in any way deceive a	23886
person.	23887

Sec. 1327.57. (A) Except as otherwise provided by law, any	23888
consumer package or commodity in package form introduced or	23889
delivered for introduction into or received in intrastate	23890
commerce~~, kept for the purpose of sale, or offered~~ or ~~exposed for~~	23891
~~sale~~sold in intrastate commerce shall bear on the outside of the	23892
package a definite, plain, and conspicuous declaration, as may be	23893
prescribed by rule adopted by the director of agriculture, of any	23894
of the following, as applicable:	23895

(1) The identity of the commodity in the package unless the	23896
same can easily be identified through the wrapper or container;	23897

(2) The net quantity of the contents in terms of weight,	23898
measure, or count;	23899

(3) In the case of any package ~~kept, or offered or exposed~~	23900
~~for sale, or~~ sold at any place other than on the premises where	23901
packed, the name and place of business of the manufacturer,	23902
packer, or distributor.	23903

This section does not apply to beer or intoxicating liquor as	23904
defined in section 4301.01 of the Revised Code, or packages	23905
thereof, or to malt or brewer's wort, or packages thereof.	23906

(B) Under division (A)(2) of this section, neither the	23907
qualifying term "when packed" or any words of similar import, nor	23908
any term qualifying a unit of weight, measure, or count that tends	23909
to exaggerate the amount of commodity in a package, shall be used.	23910

(C) In addition to the declarations required by division (A)	23911
of this section, any package or commodity in package form, if the	23912
package is one of a lot containing random weights, measures, or	23913
counts of the same commodity and bears the total selling price of	23914
the package, shall bear on the outside of the package a plain and	23915
conspicuous declaration of the price per single unit of weight,	23916
measure, or count.	23917

(D) No package or commodity in package form shall be so	23918
wrapped, nor shall it be in a container so made, formed, or	23919
filled, as to mislead the purchaser as to the quantity of the	23920
contents of the package, and the contents of a container shall not	23921
fall below any reasonable standard of fill that may have been	23922
prescribed for the commodity in question by the director.	23923

Sec. 1327.58. Irrespective of whether or not there exists an	23924
adequate remedy at law, the director of agriculture may apply to	23925
any court of competent jurisdiction for a temporary or permanent	23926
injunction or other appropriate relief restraining any person from	23927
continued violation of sections 1327.46 to ~~1327.61~~1327.71 of the	23928
Revised Code and of ~~regulations promulgated~~rules adopted	23929
thereunder.	23930

Sec. 1327.60. Enactment of sections 1327.46 to ~~1327.61~~	23931
1327.71 of the Revised Code does not affect any ~~regulations~~	23932
~~promulgated~~rules adopted pursuant to the authority of any earlier	23933
enabling statute unless inconsistent with sections 1327.46 to	23934
~~1327.61~~1327.71 of the Revised Code or modified or revoked by the	23935
director of agriculture.	23936

Sec. 1327.62. Whenever the director of agriculture, or ~~his~~	23937
the director's designee, has cause to believe that any person has	23938
violated, or is violating, ~~section 1327.54 or 1327.61~~any	23939
provision of sections 1327.46 to 1327.71 of the Revised Code or	23940
rules adopted under them, hethe director, or ~~his~~the director's	23941
designee, may conduct a hearing in accordance with Chapter 119. of	23942
the Revised Code to determine whether a violation has occurred. If	23943
the director or ~~his~~the director's designee determines that the	23944
person has violated or is violating ~~section 1327.54 or 1327.61~~any	23945
provision of sections 1327.46 to 1327.71 of the Revised Code or	23946
rules adopted under them, hethe director or the director's	23947
designee may assess a civil penalty against the person. The person	23948
is liable for a civil penalty of not more than five hundred	23949
dollars for a first violation; for a second violation the person	23950
is liable for a civil penalty of not more than two thousand five	23951
hundred dollars; for each subsequent violation that occurs within	23952
five years after the second violation, the person is liable for a	23953
civil penalty of not more than ten thousand dollars.	23954

Any person assessed a civil penalty under this section shall	23955
pay the amount prescribed to the department of agriculture. The	23956
department shall remit all moneys collected under this section to	23957
the treasurer of state for deposit in the general revenue fund.	23958

Sec. 1327.70. ~~(A) As used in this section:~~

23959

~~(1) "Diesel fuel" has the same meaning as in section 5735.01~~	23960
~~of the Revised Code.~~	23961

~~(2) "Motor fuel" means gasoline or diesel fuel that is sold~~	23962
~~by a retailer.~~	23963

~~(B)~~ The director of agriculture may adopt rules in accordance	23964
with Chapter 119. of the Revised Code establishing a motor fuel	23965
quality testing program that is uniform throughout the state. The	23966
rules shall do all of the following:	23967

(A) Establish fuel quality requirements that are modeled on	23968
the uniform laws and regulations in NIST handbook 130;	23969

(B) Incorporate standards for motor fuel based on the	23970
standards developed by ASTM committee D02 on petroleum products;	23971

(C) Establish requirements governing the standards and	23972
identity of fuels and petroleum and the advertising, posting of	23973
prices, and labeling of products;	23974

(D) Establish any other procedures and requirements that are	23975
necessary to implement this section, including the imposition of	23976
penalties.	23977

Sec. 1327.71. There is hereby created in the state treasury	23978
the fuel quality testing fund consisting of the proceeds of any	23979
fines resulting from penalties imposed in accordance with rules	23980
adopted under section 1327.70 of the Revised Code. Money in the	23981
fund shall be used to pay the costs incurred by the department of	23982
agriculture in implementing and administering the motor fuel	23983
quality testing program and the weights and measures program and	23984
to pay overhead costs of the department.	23985

Sec. 1327.99. Whoever violates section 1327.501, section	23986
1327.54 or, division (A), (B), (C), or (D) of section 1327.61, or	23987
section 1327.70 of the Revised Code or rules adopted under those	23988
sections is guilty of a misdemeanor of the second degree on a	23989
first offense; on each subsequent offense within seven years after	23990
the first offense, ~~such~~the person is guilty of a misdemeanor of	23991
the first degree.	23992

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	23993
the Revised Code, the director of commerce may issue to any	23994
person, or renew, a video service authorization, which	23995
authorization confers on the person the authority, subject to	23996
sections 1332.21 to 1332.34 of the Revised Code, to provide video	23997
service in its video service area; construct and operate a video	23998
service network in, along, across, or on public rights-of-way for	23999
the provision of video service; and, when necessary to provide	24000
that service, exercise the power of a telegraph company under	24001
section 4931.04 of the Revised Code. The term of a video service	24002
authorization or authorization renewal shall be ten years.	24003

(2) For the purposes of the "Cable Communications Policy Act	24004
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	24005
seq., a video service authorization shall constitute a franchise	24006
under that law, and the director shall be the sole franchising	24007
authority under that law for video service authorizations in this	24008
state.	24009

(3) The director may impose upon and collect an annual	24010
assessment on video service providers. All money collected under	24011
division (A)(3) of this section shall be deposited to the credit	24012
of the division of administration fund created under section	24013
121.08 of the Revised Code. The total amount assessed in a fiscal	24014
year shall not exceed the lesser of four hundred fifty thousand	24015
dollars or, as shall be determined annually by the director, the	24016
department's actual, current fiscal year administrative costs in	24017
carrying out its duties under sections 1332.21 to 1332.34 of the	24018
Revised Code. The director shall allocate that total amount	24019
proportionately among the video service providers to be	24020
assessed, using a formula based on subscriber counts as of the	24021
thirty-first day of December of the preceding calendar year, which	24022
counts shall be submitted to the director not later than the	24023
thirty-first day of January of each year via a notarized statement	24024
signed by an authorized officer. Any information submitted by a	24025
video service provider to the director for the purpose of	24026
determining subscriber counts shall be considered trade secret	24027
information, shall not be disclosed except by court order, and	24028
shall not constitute a public record under section 149.43 of the	24029
Revised Code. On or about the first day of June of each year, the	24030
director shall send to each video service provider to be	24031
assessed written notice of its proportional amount of the total	24032
assessment. The provider shall pay that amount not later than	24033
thirty days following the date the notice is sent. After the	24034
initial assessment, the director annually shall reconcile the	24035
amount collected with the total, current amount assessed	24036
pursuant to this section, and either shall charge each assessed	24037
video service provider its respective proportion of any	24038
insufficiency or proportionately credit the provider's next	24039
assessment for any excess collected.	24040

(B)(1) The director may investigate alleged violations of or	24041
failures to comply with division (A) of section 1332.23, division	24042
(A) of this section, division (C) of section 1332.25, division	24043
(C) or (D) of section 1332.26, division (A), (B), or (C) of	24044
section 1332.27, division (A) of section 1332.28, division (A) or	24045
(B) of section 1332.29, or section 1332.30 or 1332.31 of the	24046
Revised Code, or complaints concerning any such violation or	24047
failure. Except as provided in this section, the director has no	24048
authority to regulate video service in this state, including, but	24049
not limited to, the rates, terms, or conditions of that service.	24050

(2) In conducting an investigation under division (B)(1) of	24051
this section, the director, by subpoena, may compel witnesses to	24052
testify in relation to any matter over which the director has	24053
jurisdiction and may require the production of any book, record,	24054
or other document pertaining to that matter. If a person fails to	24055
file any statement or report, obey any subpoena, give testimony,	24056
produce any book, record, or other document as required by a	24057
subpoena, or permit photocopying of any book, record, or other	24058
document subpoenaed, the court of common pleas of any county in	24059
this state, upon application made to it by the director, shall	24060
compel obedience by attachment proceedings for contempt, as in the	24061
case of disobedience of the requirements of a subpoena issued from	24062
the court or a refusal to testify.	24063

(C)(1) If the director finds that a person has violated or	24064
failed to comply with division (A) of section 1332.23, division	24065
(A) of this section, division (C) of section 1332.25, division	24066
(C) or (D) of section 1332.26, division (A), (B), or (C) of	24067
section 1332.27, division (A) of section 1332.28, division (A) or	24068
(B) of section 1332.29, or section 1332.30 or 1332.31 of the	24069
Revised Code, and the person has failed to cure the violation or	24070
failure after reasonable, written notice and reasonable time to	24071
cure, the director may do any of the following:	24072

(a) Apply to the court of common pleas of any county in this	24073
state for an order enjoining the activity or requiring compliance.	24074
Such an action shall be commenced not later than three years after	24075
the date the alleged violation or failure occurred or was	24076
reasonably discovered. Upon a showing by the director that the	24077
person has engaged in a violation or failure to comply, the court	24078
shall grant an injunction, restraining order, or other appropriate	24079
relief.	24080

(b) Enter into a written assurance of voluntary compliance	24081
with the person;	24082

(c) Pursuant to an adjudication under Chapter 119. of the	24083
Revised Code, assess a civil penalty in an amount determined by	24084
the director, including for any failure to comply with an	24085
assurance of voluntary compliance under division (C)(1)(b) of this	24086
section. The amount shall be not more than one thousand dollars	24087
for each day of violation or noncompliance, not to exceed a total	24088
of ten thousand dollars, counting all subscriber impacts as a	24089
single violation or act of noncompliance. In determining whether a	24090
civil penalty is appropriate under division (C)(1)(c) of this	24091
section, the director shall consider all of the following factors:	24092

(i) The seriousness of the noncompliance;

24093

(ii) The good faith efforts of the person to comply;

24094

(iii) The person's history of noncompliance;

24095

(iv) The financial resources of the person;

24096

(v) Any other matter that justice requires.

24097

Civil penalties collected pursuant to division (C)(1)(c) of	24098
this section shall be deposited to the credit of the video service	24099
enforcement fund in the state treasury, which is hereby created,	24100
to be used by the department of commerce in carrying out its	24101
duties under this section.	24102

(2) Pursuant to an adjudication under Chapter 119. of the	24103
Revised Code, the director may revoke, in whole or in part, the	24104
video service authorization of any person that has repeatedly and	24105
knowingly violated or failed to comply with division (A) of	24106
section 1332.23, division (A) of this section, division (C) of	24107
section 1332.25, division (C) or (D) of section 1332.26, division	24108
(A), (B), or (C) of section 1332.27, division (A) of section	24109
1332.28, division (A) or (B) of section 1332.29, or section	24110
1332.30 or 1332.31 of the Revised Code and that has failed to	24111
cure the violations or noncompliances after reasonable written	24112
notice and reasonable time to cure. Such person acts knowingly,	24113
regardless of the person's purpose, when the person is aware that	24114
the person's conduct will probably cause a certain result or will	24115
probably be of a certain nature. A person has knowledge of	24116
circumstances when the person is aware that such circumstances	24117
probably exist.	24118

(3) The court shall conduct a de novo review in any appeal	24119
from an adjudication under division (C)(1)(c) or (C)(2) of this	24120
section.	24121

(D) The public utilities commission has no authority over a	24122
video service provider in its offering of video service or a cable	24123
operator in its offering of cable or video service, or over any	24124
person in its offering of video service pursuant to a competitive	24125
video service agreement.	24126

Sec. 1332.25. (A) An application made to the director of	24127
commerce for a video service authorization under section 1332.24	24128
of the Revised Code shall require and contain only the following:	24129

(1) Specification of the location of the applicant's	24130
principal place of business and the names of the applicant's	24131
principal executive officers;	24132

(2) Specification of the geographic and political boundaries	24133
of the applicant's proposed video service area;	24134

(3) A general description of the type or types of	24135
technologies the applicant will use to deliver the video	24136
programming, which may include wireline, wireless, or any other	24137
alternative technology, subject, as applicable, to section 1332.29	24138
of the Revised Code;	24139

(4) An attestation that the applicant has filed or will	24140
timely file with the federal communications commission all forms	24141
required by that agency in advance of offering video service in	24142
this state;	24143

(5) An attestation that the applicant will comply with	24144
applicable federal, state, and local laws;	24145

(6) An attestation that the applicant is legally,	24146
financially, and technically qualified to provide video service;	24147

(7) A description of the applicant's customer complaint	24148
handling process, including policies on addressing customer	24149
service issues, billing adjustments, and communication with	24150
government officials regarding customer complaints, and a local or	24151
toll-free telephone number at which a customer may contact the	24152
applicant.	24153

(B) For the purpose of division (A)(2) of this section:

24154

(1) The video service areas of video service providers may	24155
overlap.	24156

(2) A specified video service area shall be coextensive with	24157
municipal, township unincorporated area, or county boundaries,	24158
except as authorized under division (B)(3) or (4) of this section,	24159
but nothing in sections 1332.21 to 1332.34 of the Revised Code	24160
shall require a video service provider to provide access to video	24161
service within the entire video service area.	24162

(3) The specified video service area of a person using	24163
telecommunications facilities to provide video service on ~~the~~	24164
~~effective date of this section~~September 24, 2007, or of any other	24165
person later so using telecommunications facilities shall be the	24166
geographic area in which the person offers basic local exchange	24167
service.	24168

(4) Subject to division (C)(2) of section 1332.27 of the	24169
Revised Code, the specified video service area of an applicant	24170
cable operator that offers service under a franchise in effect on	24171
~~the effective date of this section~~September 24, 2007, initially	24172
shall be, at minimum, the franchise area established under that	24173
franchise.	24174

(C) A video service provider shall immediately file an	24175
application to amend its video service authorization with the	24176
director to reflect any change in the information required under	24177
division (A)(1), (2), or (3) of this section. An amendment	24178
pursuant to division (A)(2) of this section shall include any new	24179
delivery technology information required by division (A)(3) of	24180
this section.	24181

(D) Within thirty days after its filing or within thirty days	24182
after the filing of supplemental information necessary to make it	24183
complete, the director shall determine the completeness of an	24184
application filed under division (A) or (C) of this section	24185
relative to the respective requirements of divisions (A), (B), and	24186
(C) of this section and, as applicable, shall notify the applicant	24187
of an incompleteness determination, state the bases for that	24188
determination, and inform the applicant that it may resubmit a	24189
corrected application. The director shall issue a video service	24190
authorization, authorization renewal, or amended authorization	24191
within fifteen days after the director's determination that the	24192
filed application is complete.	24193

If the director does not notify the applicant regarding the	24194
completeness of the application within the time period specified	24195
in this division or does not issue the authorization requested by	24196
a completed application within the applicable time period, the	24197
application shall be deemed complete, and the authorization or	24198
amended authorization deemed issued on the forty-fifth day after	24199
the application's filing date.	24200

(E) An applicant shall pay a two thousand dollar	24201
nonrefundable fee for each application filed under division (A) of	24202
this section and a one hundred dollar nonrefundable fee for each	24203
application to amend filed under division (C) of this section.	24204
Fees collected under this division shall be deposited to the	24205
credit of the video service authorization fund in the state	24206
treasury, which is hereby created, to be used by the department of	24207
commerce in carrying out its duties under ~~this section~~sections	24208
1332.21 to 1332.34 of the Revised Code.	24209

(F) No video service provider shall identify or make	24210
reference to an application fee under division (E) of this section	24211
or an assessment under section 1332.24 of the Revised Code on any	24212
subscriber bill or in conjunction with charging any fee to the	24213
subscriber.	24214

(G) An applicant may identify any information in its	24215
application as trade secret information, and if, upon its written	24216
request to the director, the director reasonably affirms all or	24217
part of that information as trade secret information, the	24218
information so affirmed does not constitute a public record for	24219
the purpose of section 149.43 of the Revised Code.	24220

Sec. 1343.011. (A) As used in this section:

24221

(1) "Discount points" means any charges, whether or not	24222
actually denominated as "discount points," that are paid by the	24223
seller or the buyer of residential real property to a residential	24224
mortgage lender or that are deducted and retained by a residential	24225
mortgage lender from the proceeds of the residential mortgage.	24226
"Discount points" does not include the costs associated with	24227
settlement services as defined in the "Real Estate Settlement	24228
Procedures Act of 1974," 88 Stat. 1724, 12 U.S.C. 2601, amendments	24229
thereto, reenactments thereof, enactments parallel thereto, or in	24230
substitution therefor, or regulations issued thereunder.	24231

(2) "Residential mortgage" means an obligation to pay a sum	24232
of money evidenced by a note and secured by a lien upon real	24233
property located within this state containing two or fewer	24234
residential units or on which two or fewer residential units are	24235
to be constructed and includes such an obligation on a residential	24236
condominium or cooperative unit.	24237

(3) "Residential mortgage lender" means any person, bank, or	24238
savings and loan association that lends money or extends or grants	24239
credit and obtains a residential mortgage to assure payment of the	24240
debt. The term also includes the holder at any time of a	24241
residential mortgage obligation.	24242

(B) Except residential mortgage loans described in division	24243
(B)(3) of section 1343.01 of the Revised Code, no residential	24244
mortgage lender shall receive either directly or indirectly from a	24245
seller or buyer of real estate any discount points in excess of	24246
two per cent of the original principal amount of the residential	24247
mortgage. This division is not a limitation on discount points or	24248
other charges for purposes of section 501(b)(4) of the "Depository	24249
Institutions Deregulation and Monetary Control Act of 1980," 94	24250
Stat. 161, 12 U.S.C.A. 1735f-7a.	24251

(C)(1) Except as provided in division (C)(2) of this section,	24252
residential mortgage obligations may be prepaid or refinanced	24253
without penalty at any time after five years from the execution	24254
date of the mortgage. Prior to such time a prepayment or	24255
refinancing penalty may be provided not in excess of one per cent	24256
of the original principal amount of the residential mortgage.	24257

(2)(a) No penalty may be charged for the prepayment or	24258
refinancing of a residential mortgage obligation of less than	24259
seventy-five thousand dollars that is made or arranged by a	24260
mortgage broker, loan ~~officer~~originator, or nonbank mortgage	24261
lender, as those terms are defined in section 1345.01 of the	24262
Revised Code, and that is secured by a mortgage on a borrower's	24263
real estate that is a first lien on the real estate.	24264

(b) The amount specified in division (C)(2)(a) of this	24265
section shall be adjusted annually on the first day of January by	24266
the annual percentage change in the consumer price index for all	24267
urban consumers, midwest region, all items, as determined by the	24268
bureau of labor statistics of the United States department of	24269
labor or, if that index is no longer published, a generally	24270
available comparable index, as reported on the first day of June	24271
of the year preceding the adjustment. The department of commerce	24272
shall publish the adjusted amounts on its official web site.	24273

Sec. 1345.01. As used in sections 1345.01 to 1345.13 of the	24274
Revised Code:	24275

(A) "Consumer transaction" means a sale, lease, assignment,	24276
award by chance, or other transfer of an item of goods, a service,	24277
a franchise, or an intangible, to an individual for purposes that	24278
are primarily personal, family, or household, or solicitation to	24279
supply any of these things. "Consumer transaction" does not	24280
include transactions between persons, defined in sections 4905.03	24281
and 5725.01 of the Revised Code, and their customers, except for	24282
transactions involving a loan made pursuant to sections 1321.35 to	24283
1321.48 of the Revised Code and transactions in connection with	24284
residential mortgages between loan ~~officers~~originators, mortgage	24285
brokers, or nonbank mortgage lenders and their customers;	24286
transactions between certified public accountants or public	24287
accountants and their clients; transactions between attorneys,	24288
physicians, or dentists and their clients or patients; and	24289
transactions between veterinarians and their patients that	24290
pertain to medical treatment but not ancillary services.	24291

(B) "Person" includes an individual, corporation, government,	24292
governmental subdivision or agency, business trust, estate, trust,	24293
partnership, association, cooperative, or other legal entity.	24294

(C) "Supplier" means a seller, lessor, assignor, franchisor,	24295
or other person engaged in the business of effecting or soliciting	24296
consumer transactions, whether or not the person deals directly	24297
with the consumer. If the consumer transaction is in connection	24298
with a residential mortgage, "supplier" does not include an	24299
assignee or purchaser of the loan for value, except as otherwise	24300
provided in section 1345.091 of the Revised Code. For purposes of	24301
this division, in a consumer transaction in connection with a	24302
residential mortgage, "seller" means a loan ~~officer~~originator,	24303
mortgage broker, or nonbank mortgage lender.	24304

(D) "Consumer" means a person who engages in a consumer	24305
transaction with a supplier.	24306

(E) "Knowledge" means actual awareness, but such actual	24307
awareness may be inferred where objective manifestations indicate	24308
that the individual involved acted with such awareness.	24309

(F) "Natural gas service" means the sale of natural gas,	24310
exclusive of any distribution or ancillary service.	24311

(G) "Public telecommunications service" means the	24312
transmission by electromagnetic or other means, other than by a	24313
telephone company as defined in section 4927.01 of the Revised	24314
Code, of signs, signals, writings, images, sounds, messages, or	24315
data originating in this state regardless of actual call routing.	24316
"Public telecommunications service" excludes a system, including	24317
its construction, maintenance, or operation, for the provision of	24318
telecommunications service, or any portion of such service, by any	24319
entity for the sole and exclusive use of that entity, its parent,	24320
a subsidiary, or an affiliated entity, and not for resale,	24321
directly or indirectly; the provision of terminal equipment used	24322
to originate telecommunications service; broadcast transmission by	24323
radio, television, or satellite broadcast stations regulated by	24324
the federal government; or cable television service.	24325

(H) "Loan ~~officer~~originator" has the same meaning as in	24326
section 1322.01 of the Revised Code, and includes a "mortgage	24327
loan originator" as defined in section 1321.51 of the Revised	24328
Code, except that it does not include an employee of a bank,	24329
savings bank, savings and loan association, credit union, or	24330
credit union service organization organized under the laws of	24331
this state, another state, or the United States; an employee of a	24332
subsidiary of such a bank, savings bank, savings and loan	24333
association, or credit union; or an employee of an affiliate that	24334
(1) controls, is controlled by, or is under common control with,	24335
such a bank, savings bank, savings and loan association, or	24336
credit union and (2) is subject to examination, supervision, and	24337
regulation, including with respect to the affiliate's compliance	24338
with applicable consumer protection requirements, by the board of	24339
governors of the federal reserve system, the comptroller of the	24340
currency, the office of thrift supervision, the federal deposit	24341
insurance corporation, or the national credit union	24342
administration.	24343

(I) "Residential mortgage" or "mortgage" means an obligation	24344
to pay a sum of money evidenced by a note and secured by a lien	24345
upon real property located within this state containing two or	24346
fewer residential units or on which two or fewer residential units	24347
are to be constructed and includes such an obligation on a	24348
residential condominium or cooperative unit.	24349

(J) "Mortgage broker" has the same meaning as in section	24350
1322.01 of the Revised Code, except that it does not include a	24351
bank, savings bank, savings and loan association, credit union, or	24352
credit union service organization organized under the laws of this	24353
state, another state, or the United States; a subsidiary of such a	24354
bank, savings bank, savings and loan association, or credit union;	24355
an affiliate that (1) controls, is controlled by, or is under	24356
common control with, such a bank, savings bank, savings and loan	24357
association, or credit union and (2) is subject to examination,	24358
supervision, and regulation, including with respect to the	24359
affiliate's compliance with applicable consumer protection	24360
requirements, by the board of governors of the federal reserve	24361
system, the comptroller of the currency, the office of thrift	24362
supervision, the federal deposit insurance corporation, or the	24363
national credit union administration; or an employee of any such	24364
entity.	24365

(K) "Nonbank mortgage lender" means any person that engages	24366
in a consumer transaction in connection with a residential	24367
mortgage, except for a bank, savings bank, savings and loan	24368
association, credit union, or credit union service organization	24369
organized under the laws of this state, another state, or the	24370
United States; a subsidiary of such a bank, savings bank, savings	24371
and loan association, or credit union; or an affiliate that (1)	24372
controls, is controlled by, or is under common control with, such	24373
a bank, savings bank, savings and loan association, or credit	24374
union and (2) is subject to examination, supervision, and	24375
regulation, including with respect to the affiliate's compliance	24376
with applicable consumer protection requirements, by the board of	24377
governors of the federal reserve system, the comptroller of the	24378
currency, the office of thrift supervision, the federal deposit	24379
insurance corporation, or the national credit union	24380
administration.	24381

(L) For purposes of divisions (H), (J), and (K) of this	24382
section:	24383

(1) "Control" of another entity means ownership, control, or	24384
power to vote twenty-five per cent or more of the outstanding	24385
shares of any class of voting securities of the other entity,	24386
directly or indirectly or acting through one or more other	24387
persons.	24388

(2) "Credit union service organization" means a CUSO as	24389
defined in 12 C.F.R. 702.2.	24390

Sec. 1345.05. (A) The attorney general shall:

24391

(1) Adopt, amend, and repeal procedural rules;

24392

(2) Adopt as a rule a description of the organization of the	24393
attorney general's office, stating the general courses and methods	24394
of operation of the section of the office of the attorney general,	24395
which is to administer Chapter 1345. of the Revised Code and	24396
methods whereby the public may obtain information or make	24397
submissions or requests, including a description of all forms and	24398
instructions used by that office;	24399

(3) Make available for public inspection all rules and all	24400
other written statements of policy or interpretations adopted or	24401
used by the attorney general in the discharge of the attorney	24402
general's functions, together with all judgments, including	24403
supporting opinions, by courts of this state that determine the	24404
rights of the parties and concerning which appellate remedies have	24405
been exhausted, or lost by the expiration of the time for appeal,	24406
determining that specific acts or practices violate section	24407
1345.02, 1345.03, or 1345.031 of the Revised Code;	24408

(4) Inform consumers and suppliers on a continuing basis of	24409
acts or practices that violate Chapter 1345. of the Revised Code	24410
by, among other things, publishing an informational document	24411
describing acts and practices in connection with residential	24412
mortgages that are unfair, deceptive, or unconscionable, and by	24413
making that information available on the attorney general's	24414
official web site;	24415

(5) Cooperate with state and local officials, officials of	24416
other states, and officials of the federal government in the	24417
administration of comparable statutes;	24418

(6) Report annually on or before the first day of January to	24419
the governor and the general assembly on the operations of the	24420
attorney general in respect to Chapter 1345. of the Revised Code,	24421
and on the acts or practices occurring in this state that violate	24422
such chapter. The report shall include a statement of	24423
investigatory and enforcement procedures and policies, of the	24424
number of investigations and enforcement proceedings instituted	24425
and of their disposition, and of other activities of the state and	24426
of other persons to promote the purposes of Chapter 1345. of the	24427
Revised Code.	24428

(7) In carrying out official duties, the attorney general	24429
shall not disclose publicly the identity of suppliers investigated	24430
or the facts developed in investigations unless these matters have	24431
become a matter of public record in enforcement proceedings, in	24432
public hearings conducted pursuant to division (B)(1) of this	24433
section, or the suppliers investigated have consented in writing	24434
to public disclosure.	24435

(B) The attorney general may:

24436

(1) Conduct research, make inquiries, hold public hearings,	24437
and publish studies relating to consumer transactions;	24438

(2) Adopt, amend, and repeal substantive rules defining with	24439
reasonable specificity acts or practices that violate sections	24440
1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting,	24441
amending, or repealing substantive rules defining acts or	24442
practices that violate section 1345.02 of the Revised Code, due	24443
consideration and great weight shall be given to federal trade	24444
commission orders, trade regulation rules and guides, and the	24445
federal courts' interpretations of subsection 45 (a)(1) of the	24446
"Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A.	24447
41, as amended.	24448

In adopting, amending, or repealing such rules concerning a	24449
consumer transaction in connection with a residential mortgage,	24450
the attorney general shall consult with the superintendent of	24451
financial institutions and shall give due consideration to state	24452
and federal statutes, regulations, administrative agency	24453
interpretations, and case law.	24454

(C) In the conduct of public hearings authorized by this	24455
section, the attorney general may administer oaths, subpoena	24456
witnesses, adduce evidence, and require the production of relevant	24457
material. Upon failure of a person without lawful excuse to obey a	24458
subpoena or to produce relevant matter, the attorney general may	24459
apply to a court of common pleas for an order compelling	24460
compliance.	24461

(D) The attorney general may request that an individual who	24462
refuses to testify or to produce relevant material on the ground	24463
that the testimony or matter may incriminate the individual be	24464
ordered by the court to provide the testimony or matter. With the	24465
exception of a prosecution for perjury and an action for damages	24466
under section 1345.07 or 1345.09 of the Revised Code, an	24467
individual who complies with a court order to provide testimony or	24468
matter, after asserting a privilege against self incrimination to	24469
which the individual is entitled by law, shall not be subjected to	24470
a criminal proceeding on the basis of the testimony or matter	24471
discovered through that testimony or matter.	24472

(E) Any person may petition the attorney general requesting	24473
the adoption, amendment, or repeal of a rule. The attorney general	24474
shall prescribe by rule the form for such petitions and the	24475
procedure for their submission, consideration, and disposition.	24476
Within sixty days of submission of a petition, the attorney	24477
general shall either deny the petition in writing, stating the	24478
reasons for the denial, or initiate rule-making proceedings.	24479
There is no right to appeal from such denial of a petition.	24480

(F) All rules shall be adopted subject to Chapter 119. of the	24481
Revised Code.	24482

(G) The informational document published in accordance with	24483
division (A)(4) of this section shall be made available for	24484
distribution to consumers who are applying for a mortgage loan. An	24485
acknowledgement of receipt shall be retained by the lender,	24486
mortgage broker, and loan ~~officer~~originator, as applicable,	24487
subject to review by the attorney general and the department of	24488
commerce.	24489

Sec. 1345.09. For a violation of Chapter 1345. of the	24490
Revised Code, a consumer has a cause of action and is entitled to	24491
relief as follows:	24492

(A) Where the violation was an act prohibited by section	24493
1345.02, 1345.03, or 1345.031 of the Revised Code, the consumer	24494
may, in an individual action, rescind the transaction or recover	24495
the consumer's actual economic damages plus an amount not	24496
exceeding five thousand dollars in noneconomic damages.	24497

(B) Where the violation was an act or practice declared to be	24498
deceptive or unconscionable by rule adopted under division (B)(2)	24499
of section 1345.05 of the Revised Code before the consumer	24500
transaction on which the action is based, or an act or practice	24501
determined by a court of this state to violate section 1345.02,	24502
1345.03, or 1345.031 of the Revised Code and committed after the	24503
decision containing the determination has been made available for	24504
public inspection under division (A)(3) of section 1345.05 of the	24505
Revised Code, the consumer may rescind the transaction or recover,	24506
but not in a class action, three times the amount of the	24507
consumer's actual economic damages or two hundred dollars,	24508
whichever is greater, plus an amount not exceeding five thousand	24509
dollars in noneconomic damages or recover damages or other	24510
appropriate relief in a class action under Civil Rule 23, as	24511
amended.	24512

(C)(1) Except as otherwise provided in division (C)(2) of	24513
this section, in any action for rescission, revocation of the	24514
consumer transaction must occur within a reasonable time after the	24515
consumer discovers or should have discovered the ground for it and	24516
before any substantial change in condition of the subject of the	24517
consumer transaction.	24518

(2) If a consumer transaction between a loan ~~officer~~	24519
originator, mortgage broker, or nonbank mortgage lender and a	24520
customer is in connection with a residential mortgage, revocation	24521
of the consumer transaction in an action for rescission is only	24522
available to a consumer in an individual action, and shall occur	24523
for no reason other than one or more of the reasons set forth in	24524
the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C. 1635,	24525
not later than the time limit within which the right of	24526
rescission under section 125(f) of the "Truth in Lending Act"	24527
expires.	24528

(D) Any consumer may seek a declaratory judgment, an	24529
injunction, or other appropriate relief against an act or practice	24530
that violates this chapter.	24531

(E) When a consumer commences an individual action for a	24532
declaratory judgment or an injunction or a class action under this	24533
section, the clerk of court shall immediately mail a copy of the	24534
complaint to the attorney general. Upon timely application, the	24535
attorney general may be permitted to intervene in any private	24536
action or appeal pending under this section. When a judgment under	24537
this section becomes final, the clerk of court shall mail a copy	24538
of the judgment including supporting opinions to the attorney	24539
general for inclusion in the public file maintained under division	24540
(A)(3) of section 1345.05 of the Revised Code.	24541

(F) The court may award to the prevailing party a reasonable	24542
attorney's fee limited to the work reasonably performed, if either	24543
of the following apply:	24544

(1) The consumer complaining of the act or practice that	24545
violated this chapter has brought or maintained an action that is	24546
groundless, and the consumer filed or maintained the action in bad	24547
faith;	24548

(2) The supplier has knowingly committed an act or practice	24549
that violates this chapter.	24550

(G) As used in this section, "actual economic damages" means	24551
damages for direct, incidental, or consequential pecuniary losses	24552
resulting from a violation of Chapter 1345. of the Revised Code	24553
and does not include damages for noneconomic loss as defined in	24554
section 2315.18 of the Revised Code.	24555

(H) Nothing in this section shall preclude a consumer from	24556
also proceeding with a cause of action under any other theory of	24557
law.	24558

Sec. 1347.08. (A) Every state or local agency that maintains	24559
a personal information system, upon the request and the proper	24560
identification of any person who is the subject of personal	24561
information in the system, shall:	24562

(1) Inform the person of the existence of any personal	24563
information in the system of which the person is the subject;	24564

(2) Except as provided in divisions (C) and (E)(2) of this	24565
section, permit the person, the person's legal guardian, or an	24566
attorney who presents a signed written authorization made by the	24567
person, to inspect all personal information in the system of which	24568
the person is the subject;	24569

(3) Inform the person about the types of uses made of the	24570
personal information, including the identity of any users usually	24571
granted access to the system.	24572

(B) Any person who wishes to exercise a right provided by	24573
this section may be accompanied by another individual of the	24574
person's choice.	24575

(C)(1) A state or local agency, upon request, shall disclose	24576
medical, psychiatric, or psychological information to a person who	24577
is the subject of the information or to the person's legal	24578
guardian, unless a physician, psychiatrist, or psychologist	24579
determines for the agency that the disclosure of the information	24580
is likely to have an adverse effect on the person, in which case	24581
the information shall be released to a physician, psychiatrist, or	24582
psychologist who is designated by the person or by the person's	24583
legal guardian.	24584

(2) Upon the signed written request of either a licensed	24585
attorney at law or a licensed physician designated by the inmate,	24586
together with the signed written request of an inmate of a	24587
correctional institution under the administration of the	24588
department of rehabilitation and correction, the department shall	24589
disclose medical information to the designated attorney or	24590
physician as provided in division (C) of section 5120.21 of the	24591
Revised Code.	24592

(D) If an individual who is authorized to inspect personal	24593
information that is maintained in a personal information system	24594
requests the state or local agency that maintains the system to	24595
provide a copy of any personal information that the individual is	24596
authorized to inspect, the agency shall provide a copy of the	24597
personal information to the individual. Each state and local	24598
agency may establish reasonable fees for the service of copying,	24599
upon request, personal information that is maintained by the	24600
agency.	24601

(E)(1) This section regulates access to personal information	24602
that is maintained in a personal information system by persons who	24603
are the subject of the information, but does not limit the	24604
authority of any person, including a person who is the subject of	24605
personal information maintained in a personal information system,	24606
to inspect or have copied, pursuant to section 149.43 of the	24607
Revised Code, a public record as defined in that section.	24608

(2) This section does not provide a person who is the subject	24609
of personal information maintained in a personal information	24610
system, the person's legal guardian, or an attorney authorized by	24611
the person, with a right to inspect or have copied, or require an	24612
agency that maintains a personal information system to permit the	24613
inspection of or to copy, a confidential law enforcement	24614
investigatory record or trial preparation record, as defined in	24615
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	24616

(F) This section does not apply to any of the following:

24617

(1) The contents of an adoption file maintained by the	24618
department of health under section 3705.12 of the Revised Code;	24619

(2) Information contained in the putative father registry	24620
established by section 3107.062 of the Revised Code, regardless of	24621
whether the information is held by the department of job and	24622
family services or, pursuant to section 3111.69 of the Revised	24623
Code, the office of child support in the department or a child	24624
support enforcement agency;	24625

(3) Papers, records, and books that pertain to an adoption	24626
and that are subject to inspection in accordance with section	24627
3107.17 of the Revised Code;	24628

(4) Records listed in division (A) of section 3107.42 of the	24629
Revised Code or specified in division (A) of section 3107.52 of	24630
the Revised Code;	24631

(5) Records that identify an individual described in division	24632
(A)(1) of section 3721.031 of the Revised Code, or that would tend	24633
to identify such an individual;	24634

(6) Files and records that have been expunged under division	24635
(D)(1) or (2) of section 3721.23 of the Revised Code;	24636

(7) Records that identify an individual described in division	24637
(A)(1) of section 3721.25 of the Revised Code, or that would tend	24638
to identify such an individual;	24639

(8) Records that identify an individual described in division	24640
(A)(1) of section 5111.61 of the Revised Code, or that would tend	24641
to identify such an individual;	24642

(9) Test materials, examinations, or evaluation tools used in	24643
an examination for licensure as a nursing home administrator that	24644
the board of examiners of nursing home administrators administers	24645
under section 4751.04 of the Revised Code or contracts under that	24646
section with a private or government entity to administer;	24647

(10) Information contained in a database established and	24648
maintained pursuant to section 5101.13 of the Revised Code.	24649

Sec. 1349.31. (A)(1) No creditor shall willfully and	24650
knowingly fail to comply with section 1349.26 or 1349.27 of the	24651
Revised Code. For purposes of division (A)(1) of this section,	24652
"willfully and knowingly" has the same meaning as in section 112	24653
of the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C.A.	24654
1611, as amended.	24655

(2) Whoever violates division (A)(1) of this section is	24656
guilty of a felony of the fifth degree.	24657

(B) The superintendent of financial institutions may directly	24658
bring an action to enjoin a violation of this section. The	24659
attorney general may directly bring an action against a mortgage	24660
broker, loan ~~officer~~originator, or nonbank mortgage lender to	24661
enjoin a violation of this section with the same rights,	24662
privileges, and powers as those described in section 1345.06 of	24663
the Revised Code. The prosecuting attorney of the county in which	24664
the action may be brought may bring an action against a mortgage	24665
broker, loan ~~officer~~originator, or nonbank mortgage lender to	24666
enjoin a violation of this section only if the prosecuting	24667
attorney first presents any evidence of the violation to the	24668
attorney general and, within a reasonable period of time, the	24669
attorney general has not agreed to bring the action.	24670

For purposes of this division, "loan ~~officer~~originator,"	24671
"mortgage broker," and "nonbank mortgage lender" have the same	24672
meanings as in section 1345.01 of the Revised Code.	24673

(C)(1) The superintendent of financial institutions may	24674
initiate criminal proceedings under this section by presenting any	24675
evidence of criminal violations to the prosecuting attorney of the	24676
county in which the offense may be prosecuted. If the prosecuting	24677
attorney does not prosecute the violations, or at the request of	24678
the prosecuting attorney, the superintendent shall present any	24679
evidence of criminal violations to the attorney general, who may	24680
proceed in the prosecution with all the rights, privileges, and	24681
powers conferred by law on prosecuting attorneys, including the	24682
power to appear before grand juries and to interrogate witnesses	24683
before such grand juries. These powers of the attorney general	24684
shall be in addition to any other applicable powers of the	24685
attorney general.	24686

(2) The prosecuting attorney of the county in which an	24687
alleged offense may be prosecuted may initiate criminal	24688
proceedings under this section.	24689

(3) In order to initiate criminal proceedings under this	24690
section, the attorney general shall first present any evidence of	24691
criminal violations to the prosecuting attorney of the county in	24692
which the alleged offense may be prosecuted. If, within a	24693
reasonable period of time, the prosecuting attorney has not agreed	24694
to prosecute the violations, the attorney general may proceed in	24695
the prosecution with all the rights, privileges, and powers	24696
described in division (C)(1) of this section.	24697

Sec. 1349.43. (A) As used in this section, "loan ~~officer~~	24698
originator," "mortgage broker," and "nonbank mortgage lender" have	24699
the same meanings as in section 1345.01 of the Revised Code.	24700

(B) The department of commerce shall establish and maintain	24701
an electronic database accessible through the internet that	24702
contains information on all of the following:	24703

(1) The enforcement actions taken by the superintendent of	24704
financial institutions for each violation of or failure to comply	24705
with any provision of sections 1322.01 to 1322.12 of the Revised	24706
Code, upon final disposition of the action;	24707

(2) The enforcement actions taken by the attorney general	24708
under Chapter 1345. of the Revised Code against loan ~~officers~~	24709
originators, mortgage brokers, and nonbank mortgage lenders, upon	24710
final disposition of each action;	24711

(3) All judgments by courts of this state, concerning which	24712
appellate remedies have been exhausted or lost by the expiration	24713
of the time for appeal, finding either of the following:	24714

(a) A violation of any provision of sections 1322.01 to	24715
1322.12 of the Revised Code;	24716

(b) That specific acts or practices by a loan ~~officer~~	24717
originator, mortgage broker, or nonbank mortgage lender violate	24718
section 1345.02, 1345.03, or 1345.031 of the Revised Code.	24719

(C) The attorney general shall submit to the department, on	24720
the first day of each January, April, July, and October, a list of	24721
all enforcement actions and judgments described in divisions	24722
(B)(2) and (3)(b) of this section.	24723

(D) The department may adopt rules in accordance with Chapter	24724
119. of the Revised Code that are necessary to implement this	24725
section.	24726

(E) The electronic database maintained by the department in	24727
accordance with this section shall not include information that,	24728
pursuant to section 1322.061 of the Revised Code, is	24729
confidential.	24730

Sec. 1501.01. (A) Except where otherwise expressly provided,	24731
the director of natural resources shall formulate and institute	24732
all the policies and programs of the department of natural	24733
resources. The chief of any division of the department shall not	24734
enter into any contract, agreement, or understanding unless it is	24735
approved by the director. No appointee or employee of the	24736
director, other than the assistant director, may bind the director	24737
in a contract except when given general or special authority to do	24738
so by the director.	24739

(B) The director shall correlate and coordinate the work and	24740
activities of the divisions in the department to eliminate	24741
unnecessary duplications of effort and overlapping of functions.	24742
The chiefs of the various divisions of the department shall meet	24743
with the director at least once each month at a time and place	24744
designated by the director.	24745

The director may create advisory boards to any of those	24746
divisions in conformity with section 121.13 of the Revised Code.	24747

(C) The director may accept and expend gifts, devises, and	24748
bequests of money, lands, and other properties on behalf of the	24749
department or any division thereof under the terms set forth in	24750
section 9.20 of the Revised Code. Any political subdivision of	24751
this state may make contributions to the department for the use of	24752
the department or any division therein according to the terms of	24753
the contribution.	24754

(D) The director may publish and sell or otherwise distribute	24755
data, reports, and information.	24756

(E) The director may identify and develop the geographic	24757
information system needs for the department, which may include,	24758
but not be limited to, all of the following:	24759

(1) Assisting in the training and education of department	24760
resource managers, administrators, and other staff in the	24761
application and use of geographic information system technology;	24762

(2) Providing technical support to the department in the	24763
design, preparation of data, and use of appropriate geographic	24764
information system applications in order to help solve resource	24765
related problems and to improve the effectiveness and efficiency	24766
of department delivered services;	24767

(3) Creating, maintaining, and documenting spatial digital	24768
data bases;	24769

(4) Providing information to and otherwise assisting	24770
government officials, planners, and resource managers in	24771
understanding land use planning and resource management;	24772

(5) Providing continuing assistance to local government	24773
officials and others in natural resource digital data base	24774
development and in applying and utilizing the geographic	24775
information system for land use planning, current agricultural use	24776
value assessment, development reviews, coastal management, and	24777
other resource management activities;	24778

(6) Coordinating and administering the remote sensing needs	24779
of the department, including the collection and analysis of	24780
aerial photography, satellite data, and other data pertaining to	24781
land, water, and other resources of the state;	24782

(7) Preparing and publishing maps and digital data relating	24783
to the state's land use and land cover over time on a local,	24784
regional, and statewide basis;	24785

(8) Locating and distributing hard copy maps, digital data,	24786
aerial photography, and other resource data and information to	24787
government agencies and the public;	24788

(9) Preparing special studies and executing any other related	24789
duties, functions, and responsibilities identified by the	24790
director;	24791

(10) Entering into contracts or agreements with any agency	24792
of the United States government, any other public agency, or any	24793
private agency or organization for the performance of the duties	24794
specified in division (E) of this section or for accomplishing	24795
cooperative projects within those duties;	24796

(11) Entering into agreements with local government agencies	24797
for the purposes of land use inventories, Ohio capability	24798
analysis data layers, and other duties related to resource	24799
management.	24800

(F) The director shall adopt rules in accordance with Chapter	24801
119. of the Revised Code to permit the department to accept by	24802
means of a credit card the payment of fees, charges, and rentals	24803
at those facilities described in section 1501.07 of the Revised	24804
Code that are operated by the department, for any data, reports,	24805
or information sold by the department, and for any other goods or	24806
services provided by the department.	24807

(G) Whenever authorized by the governor to do so, the	24808
director may appropriate property for the uses and purposes	24809
authorized to be performed by the department and on behalf of any	24810
division within the department. This authority shall be exercised	24811
in the manner provided in sections 163.01 to 163.22 of the Revised	24812
Code for the appropriation of property by the director of	24813
administrative services. This authority to appropriate property is	24814
in addition to the authority provided by law for the appropriation	24815
of property by divisions of the department. The director of	24816
natural resources also may acquire by purchase, lease, or	24817
otherwise such real and personal property rights or privileges in	24818
the name of the state as are necessary for the purposes of the	24819
department or any division therein. The director, with the	24820
approval of the governor and the attorney general, may sell,	24821
lease, or exchange portions of lands or property, real or	24822
personal, of any division of the department or grant easements or	24823
licenses for the use thereof, or enter into agreements for the	24824
sale of water from lands and waters under the administration or	24825
care of the department or any of its divisions, when the sale,	24826
lease, exchange, easement, agreement, or license for use is	24827
advantageous to the state, provided that such approval is not	24828
required for leases and contracts made under section 1501.07,	24829
1501.09, or 1520.03 or Chapter 1523. of the Revised Code. Water	24830
may be sold from a reservoir only to the extent that the reservoir	24831
was designed to yield a supply of water for a purpose other than	24832
recreation or wildlife, and the water sold is in excess of that	24833
needed to maintain the reservoir for purposes of recreation or	24834
wildlife.	24835

Money received from such sales, leases, easements, exchanges,	24836
agreements, or licenses for use, except revenues required to be	24837
set aside or paid into depositories or trust funds for the payment	24838
of bonds issued under sections 1501.12 to 1501.15 of the Revised	24839
Code, and to maintain the required reserves therefor as provided	24840
in the orders authorizing the issuance of such bonds or the trust	24841
agreements securing such bonds, revenues required to be paid and	24842
credited pursuant to the bond proceeding applicable to obligations	24843
issued pursuant to section 154.22, and revenues generated under	24844
section 1520.05 of the Revised Code, shall be deposited in the	24845
state treasury to the credit of the fund of the division of the	24846
department having prior jurisdiction over the lands or property.	24847
If no such fund exists, the money shall be credited to the general	24848
revenue fund. All such money received from lands or properties	24849
administered by the division of wildlife shall be credited to the	24850
wildlife fund.	24851

(H) The director shall provide for the custody, safekeeping,	24852
and deposit of all moneys, checks, and drafts received by the	24853
department or its employees prior to paying them to the treasurer	24854
of state under section 113.08 of the Revised Code.	24855

(I) The director shall cooperate with the nature conservancy,	24856
other nonprofit organizations, and the United States fish and	24857
wildlife service in order to secure protection of islands in the	24858
Ohio river and the wildlife and wildlife habitat of those islands.	24859

(J) Any instrument by which real property is acquired	24860
pursuant to this section shall identify the agency of the state	24861
that has the use and benefit of the real property as specified in	24862
section 5301.012 of the Revised Code.	24863

Sec. 1501.05. All chiefs of divisions in the department of	24864
natural resources shall be appointed by the director of natural	24865
resources. The chiefs of those divisions may be removed by the	24866
director.	24867

The chief engineer of the department of natural resources	24868
shall be a ~~registered~~ professional engineer registered under	24869
Chapter 4733. of the Revised Code or a professional architect	24870
certified and registered under Chapter 4703. of the Revised Code.	24871

The chief of each division and the chief engineer, with the	24872
advice and consent of the director, may employ such number of	24873
technical and administrative assistants as are necessary.	24874

All employees of the department, unless specifically exempted	24875
by law, shall be employed subject to the classified civil service	24876
laws in force at the time of their employment.	24877

Sec. 1501.07. The department of natural resources through	24878
the division of parks and recreation may plan, supervise, acquire,	24879
construct, enlarge, improve, erect, equip, and furnish public	24880
service facilities such as inns, lodges, hotels, cottages, camping	24881
sites, scenic trails, picnic sites, restaurants, commissaries,	24882
golf courses, boating and bathing facilities, and other similar	24883
facilities in state parks reasonably necessary and useful in	24884
promoting the public use of state parks under its control and may	24885
purchase lands or interests in lands in the name of the state	24886
necessary for those purposes.	24887

The chief of the division of parks and recreation shall	24888
administer state parks, establish rules, fix fees and charges for	24889
admission to parks and for the use of public service facilities	24890
therein, establish rentals for the lease of lands or interests	24891
therein within a state park the chief is authorized by law to	24892
lease, and exercise all powers of the chief, in conformity with	24893
all covenants of the director of natural resources in or with	24894
respect to state park revenue bonds and trust agreements securing	24895
such bonds and all terms, provisions, and conditions of such bonds	24896
and trust agreements. In the administration of state parks with	24897
respect to which state park revenue bonds are issued and	24898
outstanding, or any part of the moneys received from fees and	24899
charges for admission to or the use of facilities, from rentals	24900
for the lease of lands or interests or facilities therein, or for	24901
the lease of public service facilities are pledged for any such	24902
bonds, the chief shall exercise the powers and perform the duties	24903
of the chief subject to the control and approval of the director.	24904
The acquisition of such lands or interests therein and facilities	24905
shall be planned with regard to the needs of the people of the	24906
state and with regard to the purposes and uses of such state parks	24907
and, except for facilities constructed in consideration of a lease	24908
under section 1501.012 of the Revised Code, shall be paid for from	24909
the state park fund created in section 1541.22 of the Revised Code	24910
or from the proceeds of the sale of bonds issued under sections	24911
1501.12 to 1501.15 of the Revised Code. Sections 125.81 and 153.04	24912
of the Revised Code, insofar as they require a certification by	24913
the chief of the division of capital planning and improvement, do	24914
not apply to the acquisition of lands or interests therein and	24915
public service facilities to be paid for from the proceeds of	24916
bonds issued under sections 1501.12 to 1501.15 of the Revised	24917
Code.	24918

As used in sections 1501.07 to 1501.14 of the Revised Code,	24919
state parks are all of the following:	24920

(A) State reservoirs described and identified in section	24921
1541.06 of the Revised Code;	24922

(B) All lands or interests therein that are denominated as	24923
state parks in section 1541.083 of the Revised Code;	24924

(C) All lands or interests therein of the state identified as	24925
administered by the division of parks and recreation in the	24926
"inventory of state owned lands administered by department of	24927
natural resources as of June 1, 1963," as recorded in the journal	24928
of the director, which inventory was prepared by the real estate	24929
section of the department and is supported by maps on file inwith	24930
the division ~~of real estate and land management~~;	24931

(D) All lands or interests in lands of the state hereafter	24932
designated as state parks in the journal of the director with the	24933
approval of the recreation and resources council.	24934

All such state parks shall be exclusively under the control	24935
and administration of the division of parks and recreation. With	24936
the approval of the council, the director by order may remove from	24937
the classification as state parks any of the lands or interests	24938
therein so classified by divisions (C) and (D) of this section,	24939
subject to the limitations, provisions, and conditions in any	24940
order authorizing state park revenue bonds or in any trust	24941
agreement securing such bonds. Lands or interests therein so	24942
removed shall be transferred to other divisions of the department	24943
for administration or may be sold as provided by law. Proceeds of	24944
any sale shall be used or transferred as provided in the order	24945
authorizing state park revenue bonds or in the trust agreement	24946
and, if no such provision is made, shall be transferred to the	24947
state park fund. State parks do not include any lands or interest	24948
in lands of the state administered jointly by two or more	24949
divisions of the department. The designation of lands as state	24950
parks under divisions (A) to (D) of this section shall be	24951
conclusive, and those lands shall be under the control of and	24952
administered by the division of parks and recreation. No order or	24953
proceeding designating lands as state parks or park purchase areas	24954
shall be subject to any appeal or review by any officer, board,	24955
commission, or court.	24956

Sec. 1501.30. (A) As used in sections 1501.30 to 1501.35 of	24957
the Revised Code:	24958

(1) "Consumptive use" means a use of water resources, other	24959
than a diversion, that results in a loss of that water to the	24960
basin from which it is withdrawn and includes, but is not limited	24961
to, evaporation, evapotranspiration, and incorporation of water	24962
into a product or agricultural crop.	24963

(2) "Diversion" means a withdrawal of water resources from	24964
either the Lake Erie or Ohio river drainage basin and transfer to	24965
another basin without return. "Diversion" does not include	24966
evaporative loss within the basin of withdrawal.	24967

(3) "Other great lakes states and provinces" means states	24968
other than this state that are parties to the great lakes basin	24969
compact under Chapter 6161. of the Revised Code and the Canadian	24970
provinces of Ontario and Quebec.	24971

(4) "Person" has the same meaning as in section 1.59 of the	24972
Revised Code and also includes any state, any political	24973
subdivision of a state, and any department, division, board,	24974
commission, agency, or instrumentality of a state or political	24975
subdivision of a state.	24976

(5) "Water resources" means any waters of the state that are	24977
available or may be made available to agricultural, industrial,	24978
commercial, and domestic users.	24979

(6) "Waters of the state" includes all streams, lakes, ponds,	24980
marshes, watercourses, waterways, wells, springs, irrigation	24981
systems, drainage systems, and other bodies or accumulations of	24982
water, surface and underground, natural or artificial, regardless	24983
of the depth of the strata in which underground water is located,	24984
that are situated wholly or partly within or border upon this	24985
state or are within its jurisdiction.	24986

(B) The chief of the division of soil and water resources of	24987
the department of natural resources shall define "Lake Erie	24988
drainage basin" and "Ohio river drainage basin" for the purposes	24989
of sections 1501.30 to 1501.35 of the Revised Code.	24990

Sec. 1502.12. (A) There is hereby created in the state	24991
treasury the scrap tire grant fund, consisting of moneys	24992
transferred to the fund under section 3734.82 of the Revised Code.	24993
The chief of the division of recycling and litter prevention, with	24994
the approval of the director of natural resources, may make grants	24995
from the fund for the ~~purpose of supporting~~following purposes:	24996

(1) Supporting market development activities for scrap tires	24997
and synthetic rubber from tire manufacturing processes and tire	24998
recycling processes;	24999

(2) Supporting scrap tire amnesty and cleanup events	25000
sponsored by solid waste management districts. ~~The grants~~	25001

Grants awarded under division (A)(1) of this section may be	25002
awarded to individuals, businesses, and entities certified under	25003
division (A) of section 1502.04 of the Revised Code.	25004

(B) Projects and activities that are eligible for grants	25005
under division (A)(1) of this section shall be evaluated for	25006
funding using, at a minimum, the following criteria:	25007

(1) The degree to which a proposed project contributes to the	25008
increased use of scrap tires generated in this state;	25009

(2) The degree of local financial support for a proposed	25010
project;	25011

(3) The technical merit and quality of a proposed project.

25012

Sec. 1506.01. As used in this chapter:

25013

(A) "Coastal area" means the waters of Lake Erie, the islands	25014
in the lake, and the lands under and adjacent to the lake,	25015
including transitional areas, wetlands, and beaches. The coastal	25016
area extends in Lake Erie to the international boundary line	25017
between the United States and Canada and landward only to the	25018
extent necessary to include shorelands, the uses of which have a	25019
direct and significant impact on coastal waters as determined by	25020
the director of natural resources.	25021

(B) "Coastal management program" means the comprehensive	25022
action of the state and its political subdivisions cooperatively	25023
to preserve, protect, develop, restore, or enhance the resources	25024
of the coastal area and to ensure wise use of the land and water	25025
resources of the coastal area, giving attention to natural,	25026
cultural, historic, and aesthetic values; agricultural,	25027
recreational, energy, and economic needs; and the national	25028
interest. "Coastal management program" includes the establishment	25029
of objectives, policies, standards, and criteria concerning,	25030
without limitation, protection of air, water, wildlife, rare and	25031
endangered species, wetlands and natural areas, and other natural	25032
resources in the coastal area; management of coastal development	25033
and redevelopment; preservation and restoration of historic,	25034
cultural, and aesthetic coastal features; and public access to the	25035
coastal area for recreation purposes.	25036

(C) "Coastal management program document" means a	25037
comprehensive statement consisting of, without limitation, text,	25038
maps, and illustrations that is adopted by the director in	25039
accordance with this chapter, describes the objectives, policies,	25040
standards, and criteria of the coastal management program for	25041
guiding public and private uses of lands and waters in the coastal	25042
area, lists the governmental agencies, including, without	25043
limitation, state agencies, involved in implementing the coastal	25044
management program, describes their applicable policies and	25045
programs, and cites the statutes and rules under which they may	25046
adopt and implement those policies and programs.	25047

(D) "Person" means any agency of this state, any political	25048
subdivision of this state or of the United States, and any legal	25049
entity defined as a person under section 1.59 of the Revised Code.	25050

(E) "Director" means the director of natural resources or the	25051
director's designee.	25052

(F) "Permanent structure" means any residential, commercial,	25053
industrial, institutional, or agricultural building, any mobile	25054
home as defined in division (O) of section 4501.01 of the Revised	25055
Code, any manufactured home as defined in division (C)(4) of	25056
section 3781.06 of the Revised Code, and any septic system that	25057
receives sewage from a single-family, two-family, or three-family	25058
dwelling, but does not include any recreational vehicle as defined	25059
in section 4501.01 of the Revised Code.	25060

(G) "State agency" or "agency of the state" has the same	25061
meaning as "agency" as defined in section 111.15 of the Revised	25062
Code.	25063

(H) "Coastal flood hazard area" means any territory within	25064
the coastal area that has been identified as a flood hazard area	25065
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	25066
42 U.S.C.A. 4002, as amended.	25067

(I) "Coastal erosion area" means any territory included in	25068
Lake Erie coastal erosion areas identified by the director under	25069
section 1506.06 of the Revised Code.	25070

(J) "Conservancy district" means a conservancy district that	25071
is established under Chapter 6101. of the Revised Code.	25072

(K) "Park board" means the board of park commissioners of a	25073
park district that is created under Chapter 1545. of the Revised	25074
Code.	25075

(L) "Erosion control structure" means a structure that is	25076
designed solely and specifically to reduce or control erosion of	25077
the shore along or near Lake Erie, including, without limitation,	25078
revetments, seawalls, bulkheads, certain breakwaters, and similar	25079
structures.	25080

(M) "Shore structure" includes, but is not limited to,	25081
beaches; groins; revetments; bulkheads; seawalls; breakwaters;	25082
certain dikes designated by the chief of the division of soil and	25083
water resources; piers; docks; jetties; wharves; marinas; boat	25084
ramps; any associated fill or debris used as part of the	25085
construction of shore structures that may affect shore erosion,	25086
wave action, or inundation; and fill or debris that is placed	25087
along or near the shore, including bluffs, banks, or beach	25088
ridges, for the purpose of stabilizing slopes.	25089

Sec. 1507.01. There is hereby created in the department of	25090
natural resources the division of engineering to be administered	25091
by the chief engineer of the department, who shall be a	25092
professional engineer registered under Chapter 4733. of the	25093
Revised Code or a professional architect certified and registered	25094
under Chapter 4703. of the Revised Code. ~~The~~With the approval of	25095
the director of natural resources, the chief engineer shall do all	25096
of the following:	25097

(A) Administer this chapter;

25098

(B) Provide engineering, architectural, land surveying, and	25099
related administrative and maintenance support services to the	25100
other divisions in the department;	25101

(C) ~~Upon request of the director of natural resources,~~	25102
~~implement~~Implement the department's capital improvement program	25103
and facility maintenance projects, including all associated	25104
~~engineering, architectural,~~planning, design, contracting,	25105
surveying, inspection, and management responsibilities and	25106
requirements;	25107

(D) ~~With the approval of the director, act~~Act as contracting	25108
officer in departmental engineering, architectural, surveying, and	25109
construction matters regarding capital improvements except for	25110
those matters otherwise specifically provided for in law;	25111

(E) ~~Provide engineering support for the coastal management~~	25112
~~program established under Chapter 1506. of the Revised Code;~~	25113

~~(F)~~ Coordinate the department's roadway maintenance program	25114
with the department of transportation pursuant to section 5511.05	25115
of the Revised Code and maintain the roadway inventory of the	25116
department of natural resources;	25117

~~(G)~~(F) Coordinate the department's projects, programs,	25118
policies, procedures, and activities with the United States army	25119
corps of engineers;	25120

~~(H) Subject to the approval of the director, employ~~(G)	25121
Employ professional and technical assistants and such other	25122
employees as are necessary for the performance of the activities	25123
required or authorized under this chapter, other work of the	25124
division, and any other work agreed to under working agreements or	25125
contractual arrangements; prescribe their duties; and fix their	25126
compensation in accordance with such schedules as are provided by	25127
law for the compensation of state employees.;	25128

(H) Except as otherwise provided in the Revised Code,	25129
coordinate and conduct all real estate functions for the	25130
department of natural resources, including at least acquisitions	25131
by purchase, lease, gift, devise, bequest, appropriation, or	25132
otherwise; grants through sales, leases, exchanges, easements, and	25133
licenses; inventories of land; and other related general	25134
management duties;	25135

(I) Coordinate such environmental matters concerning the	25136
department and the state as are necessary to comply with the	25137
"National Environmental Policy Act of 1969," 83 Stat. 852, 42	25138
U.S.C. 4321, as amended, the "Intergovernmental Cooperation Act of	25139
1968," 82 Stat. 1098, 31 U.S.C. 6506, and the "Federal Water	25140
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C. 1251, as	25141
amended, and regulations adopted under those acts;	25142

(J) Coordinate and administer compensatory mitigation grant	25143
programs and other programs for streams and wetlands as approved	25144
in accordance with certifications and permits issued under	25145
sections 401 and 404 of the "Federal Water Pollution Control	25146
Act," 91 Stat. 1566 (1977), 33 U.S.C. 1251, as amended, by the	25147
environmental protection agency and the United States army corps	25148
of engineers;	25149

(K) Coordinate all department activities associated with the	25150
completion of drainage ditch improvements in accordance with	25151
Chapters 6131. and 6133. of the Revised Code;	25152

(L) Assist the department and its divisions by providing	25153
department-wide planning, including at least master planning,	25154
comprehensive planning, capital improvements planning, and special	25155
purpose planning.	25156

Sec. 1511.01. For the purposes of this chapter:

25157

(A) "Conservation" means the wise use and management of	25158
natural resources.	25159

(B) "Critical natural resource area" means an area identified	25160
by the director of natural resources in which occurs a natural	25161
resource that requires special management because of its	25162
importance to the well-being of the surrounding communities, the	25163
region, or the state.	25164

(C) "Pollution abatement practice" means any erosion control	25165
or animal waste pollution abatement facility, structure, or	25166
procedure and the operation and management associated with it as	25167
contained in operation and management plans developed or approved	25168
by the chief of the division of soil and water ~~conservation~~	25169
resources or by soil and water conservation districts established	25170
under Chapter 1515. of the Revised Code.	25171

(D) "Agricultural pollution" means failure to use management	25172
or conservation practices in farming or silvicultural operations	25173
to abate wind or water erosion of the soil or to abate the	25174
degradation of the waters of the state by animal waste or soil	25175
sediment, including substances attached thereto.	25176

(E) "Waters of the state" means all streams, lakes, ponds,	25177
wetlands, watercourses, waterways, wells, springs, irrigation	25178
systems, drainage systems, and all other bodies or accumulations	25179
of water, surface and underground, natural or artificial,	25180
regardless of the depth of the strata in which underground water	25181
is located, that are situated wholly or partly within, or border	25182
upon, this state or are within its jurisdiction, except those	25183
private waters that do not combine or effect a junction with	25184
natural surface or underground waters.	25185

(F) "Operation and management plan" means a written record,	25186
developed or approved by the district board of supervisors or the	25187
chief, for the owner or operator of agricultural land or a	25188
concentrated animal feeding ~~operations~~operation that contains	25189
implementation schedules and operational procedures for a level of	25190
management and pollution abatement practices that will abate the	25191
degradation of the waters of the state by animal waste and by soil	25192
sediment including attached pollutants.	25193

(G) "Animal waste" means animal excreta, discarded products,	25194
bedding, wash waters, waste feed, and silage drainage. "Animal	25195
waste" also includes the compost products resulting from the	25196
composting of dead animals in operations subject to section	25197
1511.022 of the Revised Code when either of the following applies:	25198

(1) The composting is conducted by the person who raises the	25199
animals and the compost product is used in agricultural operations	25200
owned or operated by that person, regardless of whether the person	25201
owns the animals;	25202

(2) The composting is conducted by the person who owns the	25203
animals, but does not raise them and the compost product is used	25204
in agricultural operations either by a person who raises the	25205
animals or by a person who raises grain that is used to feed them	25206
and that is supplied by the owner of the animals.	25207

(H) "Composting" means the controlled decomposition of	25208
organic solid material consisting of dead animals that stabilizes	25209
the organic fraction of the material.	25210

Sec. 1511.02. The chief of the division of soil and water	25211
~~conservation~~resources, subject to the approval of the director of	25212
natural resources, shall do all of the following:	25213

(A) Provide administrative leadership to local soil and water	25214
conservation districts in planning, budgeting, staffing, and	25215
administering district programs and the training of district	25216
supervisors and personnel in their duties, responsibilities, and	25217
authorities as prescribed in this chapter and Chapter 1515. of the	25218
Revised Code;	25219

(B) Administer this chapter and Chapter 1515. of the Revised	25220
Code pertaining to state responsibilities and provide staff	25221
assistance to the Ohio soil and water conservation commission in	25222
exercising its statutory responsibilities;	25223

(C) Assist in expediting state responsibilities for watershed	25224
development and other natural resource conservation works of	25225
improvement;	25226

(D) Coordinate the development and implementation of	25227
cooperative programs and working agreements between local soil and	25228
water conservation districts and divisions or sections of the	25229
department of natural resources, or other agencies of local,	25230
state, and federal government;	25231

(E) Subject to the approval of the Ohio soil and water	25232
conservation commission, adopt, amend, or rescind rules pursuant	25233
to Chapter 119. of the Revised Code. Rules adopted pursuant to	25234
this section:	25235

(1) Shall establish technically feasible and economically	25236
reasonable standards to achieve a level of management and	25237
conservation practices in farming or silvicultural operations that	25238
will abate wind or water erosion of the soil or abate the	25239
degradation of the waters of the state by animal waste or by soil	25240
sediment including substances attached thereto, and establish	25241
criteria for determination of the acceptability of such management	25242
and conservation practices;	25243

(2) Shall establish technically feasible and economically	25244
reasonable standards to achieve a level of management and	25245
conservation practices that will abate wind or water erosion of	25246
the soil or abate the degradation of the waters of the state by	25247
soil sediment in conjunction with land grading, excavating,	25248
filling, or other soil-disturbing activities on land used or being	25249
developed for nonfarm commercial, industrial, residential, or	25250
other nonfarm purposes, and establish criteria for determination	25251
of the acceptability of such management and conservation	25252
practices. The standards shall be designed to implement applicable	25253
areawide waste treatment management plans prepared under section	25254
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	25255
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	25256
shall not apply in any municipal corporation or county that adopts	25257
ordinances or rules pertaining to sediment control, nor to lands	25258
being used in a strip mine operation as defined in section 1513.01	25259
of the Revised Code, nor to lands being used in a surface mining	25260
operation as defined in section 1514.01 of the Revised Code.	25261

(3) May recommend criteria and procedures for the approval of	25262
urban sediment pollution abatement plans and issuance of permits	25263
prior to any grading, excavating, filling, or other whole or	25264
partial disturbance of five or more contiguous acres of land owned	25265
by one person or operated as one development unit and require	25266
implementation of such a plan. Areas of less than five contiguous	25267
acres are not exempt from compliance with other provisions of this	25268
chapter and rules adopted under them.	25269

(4) Shall establish procedures for administration of rules	25270
for agricultural pollution abatement and urban sediment pollution	25271
abatement and for enforcement of rules for agricultural pollution	25272
abatement;	25273

(5) Shall specify the pollution abatement practices eligible	25274
for state cost sharing and determine the conditions for	25275
eligibility, the construction standards and specifications, the	25276
useful life, the maintenance requirements, and the limits of cost	25277
sharing for those practices. Eligible practices shall be limited	25278
to practices that address agricultural or silvicultural operations	25279
and that require expenditures that are likely to exceed the	25280
economic returns to the owner or operator and that abate soil	25281
erosion or degradation of the waters of the state by animal waste	25282
or soil sediment including pollutants attached thereto.	25283

(6) ~~Until June 1, 1996, shall specify the multiflora rose~~	25284
~~control practices eligible for state cost sharing, the conditions~~	25285
~~of eligibility for state cost sharing, the limits of cost sharing~~	25286
~~for those practices, specifications for carrying out those~~	25287
~~practices to ensure effective control of the multiflora rose and~~	25288
~~to safeguard the health and safety of human beings and domestic~~	25289
~~animals and the environment, and the contract provisions to be~~	25290
~~included in cost-sharing agreements with landowners;~~	25291

~~(7) Until June 1, 1996, shall establish procedures for~~	25292
~~administering grants to soil and water conservation districts for~~	25293
~~control of multiflora rose;~~	25294

~~(8)~~ Shall establish procedures for administering grants to	25295
owners or operators of agricultural land or concentrated animal	25296
feeding operations for the implementation of operation and	25297
management plans;	25298

~~(9)~~(7) Shall establish procedures for administering grants to	25299
soil and water conservation districts for urban sediment pollution	25300
abatement programs, specify the types of projects eligible for	25301
grants, establish limits on the availability of grants, and	25302
establish requirements governing the execution of projects to	25303
encourage the reduction of erosion and sedimentation associated	25304
with soil-disturbing activities;	25305

~~(10)~~(8) Shall do all of the following with regard to	25306
composting conducted in conjunction with agricultural operations:	25307

(a) Provide for the distribution of educational material	25308
concerning composting to the offices of the Ohio cooperative	25309
extension service for the purposes of section 1511.022 of the	25310
Revised Code;	25311

(b) Establish methods, techniques, or practices for	25312
composting dead animals, or particular types of dead animals, that	25313
are to be used at such operations, as the chief considers to be	25314
necessary or appropriate;	25315

(c) Establish requirements and procedures governing the	25316
review and approval or disapproval of composting plans by the	25317
supervisors of soil and water conservation districts under	25318
division ~~(U)~~(Q) of section 1515.08 of the Revised Code.	25319

~~(11)~~(9) Shall be adopted, amended, or rescinded after the	25320
chief does all of the following:	25321

(a) Mails notice to each statewide organization that the	25322
chief determines represents persons or local governmental agencies	25323
who would be affected by the proposed rule, amendment thereto, or	25324
rescission thereof at least thirty-five days before any public	25325
hearing thereon;	25326

(b) Mails a copy of each proposed rule, amendment thereto, or	25327
rescission thereof to any person who requests a copy, within five	25328
days after receipt of the request;	25329

(c) Consults with appropriate state and local governmental	25330
agencies or their representatives, including statewide	25331
organizations of local governmental officials, industrial	25332
representatives, and other interested persons;	25333

(d) If the rule relates to agricultural pollution abatement,	25334
develops an economic impact statement concerning the effect of the	25335
proposed rule or amendment.	25336

~~(12)~~(10) Shall not conflict with air or water quality	25337
standards adopted pursuant to section 3704.03 or 6111.041 of the	25338
Revised Code. Compliance with rules adopted pursuant to this	25339
section does not affect liability for noncompliance with air or	25340
water quality standards adopted pursuant to section 3704.03 or	25341
6111.041 of the Revised Code. The application of a level of	25342
management and conservation practices recommended under this	25343
section to control windblown soil from farming operations creates	25344
a presumption of compliance with section 3704.03 of the Revised	25345
Code as that section applies to windblown soil.	25346

~~(13)~~(11) Insofar as the rules relate to urban sediment	25347
pollution, shall not be applicable in a municipal corporation or	25348
county that adopts ordinances or rules for urban sediment control,	25349
except that a municipal corporation or county that adopts such	25350
ordinances or rules may receive moneys for urban sediment control	25351
that are disbursed by the board of supervisors of the applicable	25352
soil and water conservation district under division ~~(R)~~(N) of	25353
section 1515.08 of the Revised Code. The rules shall not exempt	25354
any person from compliance with municipal ordinances enacted	25355
pursuant to Section 3 of Article XVIII, Ohio Constitution.	25356

(F) Cost share with landowners on practices established	25357
pursuant to division (E)(5) of this section as moneys are	25358
appropriated and available for that purpose. Any practice for	25359
which cost share is provided shall be maintained for its useful	25360
life. Failure to maintain a cost share practice for its useful	25361
life shall subject the landowner to full repayment to the	25362
division.	25363

(G) Issue orders requiring compliance with any rule adopted	25364
under division (E)(1) of this section or with section 1511.022 of	25365
the Revised Code. Before the chief issues an order, the chief	25366
shall afford each person allegedly liable an adjudication hearing	25367
under Chapter 119. of the Revised Code. The chief may require in	25368
an order that a person who has caused agricultural pollution by	25369
failure to comply with the standards established under division	25370
(E)(1) of this section operate under an operation and management	25371
plan approved by the chief under this section. The chief shall	25372
require in an order that a person who has failed to comply with	25373
division (A) of section 1511.022 of the Revised Code prepare a	25374
composting plan in accordance with rules adopted under division	25375
(E)(10)(c) of this section and operate in accordance with that	25376
plan or that a person who has failed to operate in accordance with	25377
such a plan begin to operate in accordance with it. Each order	25378
shall be issued in writing and contain a finding by the chief of	25379
the facts upon which the order is based and the standard that is	25380
not being met.	25381

(H) Employ field assistants and such other employees as are	25382
necessary for the performance of the work prescribed by Chapter	25383
1515. of the Revised Code, for performance of work of the	25384
division, and as agreed to under working agreements or contractual	25385
arrangements with local soil and water conservation districts,	25386
prescribe their duties, and fix their compensation in accordance	25387
with such schedules as are provided by law for the compensation of	25388
state employees.	25389

All employees of the division, unless specifically exempted	25390
by law, shall be employed subject to the classified civil service	25391
laws in force at the time of employment.	25392

(I) In connection with new or relocated projects involving	25393
highways, underground cables, pipelines, railroads, and other	25394
improvements affecting soil and water resources, including surface	25395
and subsurface drainage:	25396

(1) Provide engineering service as is mutually agreeable to	25397
the Ohio soil and water conservation commission and the director	25398
to aid in the design and installation of soil and water	25399
conservation practices as a necessary component of such projects;	25400

(2) Maintain close liaison between the owners of lands on	25401
which the projects are executed, local soil and water conservation	25402
districts, and authorities responsible for such projects;	25403

(3) Review plans for such projects to ensure their compliance	25404
with standards developed under division (E) of this section in	25405
cooperation with the department of transportation or with any	25406
other interested agency that is engaged in soil or water	25407
conservation projects in the state in order to minimize adverse	25408
impacts on soil and water resources adjacent to or otherwise	25409
affected by these projects;	25410

(4) Recommend measures to retard erosion and protect soil and	25411
water resources through the installation of water impoundment or	25412
other soil and water conservation practices;	25413

(5) Cooperate with other agencies and subdivisions of the	25414
state to protect the agricultural status of rural lands adjacent	25415
to such projects and control adverse impacts on soil and water	25416
resources.	25417

(J) Collect, analyze, inventory, and interpret all available	25418
information pertaining to the origin, distribution, extent, use,	25419
and conservation of the soil resources of the state;	25420

(K) Prepare and maintain up-to-date reports, maps, and other	25421
materials pertaining to the soil resources of the state and their	25422
use and make that information available to governmental agencies,	25423
public officials, conservation entities, and the public;	25424

(L) Provide soil and water conservation districts with	25425
technical assistance including on-site soil investigations and	25426
soil interpretation reports on the suitability or limitations of	25427
soil to support a particular use or to plan soil conservation	25428
measures. The assistance shall be upon such terms as are mutually	25429
agreeable to the districts and the department of natural	25430
resources.	25431

(M) Assist local government officials in utilizing land use	25432
planning and zoning, current agricultural use value assessment,	25433
development reviews, and land management activities;	25434

(N) When necessary for the purposes of this chapter or	25435
Chapter 1515. of the Revised Code, develop or approve operation	25436
and management plans.	25437

This section does not restrict the excrement of domestic or	25438
farm animals defecated on land outside a concentrated animal	25439
feeding operation or runoff therefrom into the waters of the	25440
state.	25441

Sec. 1511.021. (A) Any person who owns or operates	25442
agricultural land or a concentrated animal feeding operation may	25443
develop and operate under an operation and management plan	25444
approved by the chief of the division of soil and water	25445
~~conservation~~resources under section 1511.02 of the Revised Code	25446
or by the supervisors of the local soil and water conservation	25447
district under section 1515.08 of the Revised Code.	25448

(B) Any person who wishes to make a complaint regarding	25449
nuisances involving agricultural pollution may do so orally or by	25450
submitting a written, signed, and dated complaint to the chief or	25451
to the chief's designee. After receiving an oral complaint, the	25452
chief or the chief's designee may cause an investigation to be	25453
conducted to determine whether agricultural pollution has occurred	25454
or is imminent. After receiving a written, signed, and dated	25455
complaint, the chief or the chief's designee shall cause such an	25456
investigation to be conducted.	25457

(C) In a private civil action for nuisances involving	25458
agricultural pollution, it is an affirmative defense if the person	25459
owning, operating, or otherwise responsible for agricultural land	25460
or a concentrated animal feeding operation is operating under and	25461
in substantial compliance with an approved operation and	25462
management plan developed under division (A) of this section, with	25463
an operation and management plan developed by the chief under	25464
section 1511.02 of the Revised Code or by the supervisors of the	25465
local soil and water conservation district under section 1515.08	25466
of the Revised Code, or with an operation and management plan	25467
required by an order issued by the chief under division (G) of	25468
section 1511.02 of the Revised Code. Nothing in this section is in	25469
derogation of the authority granted to the chief in division (E)	25470
of section 1511.02 and in section 1511.07 of the Revised Code.	25471

Sec. 1511.022. (A) Any person who owns or operates an	25472
agricultural operation, or owns the animals raised by the owner or	25473
operator of an agricultural operation, and who wishes to conduct	25474
composting of dead animals resulting from the agricultural	25475
operation shall do both of the following:	25476

(1) Participate in an educational course concerning	25477
composting conducted by the Ohio cooperative extension service and	25478
obtain a certificate of completion for the course;	25479

(2) Use the appropriate method, technique, or practice of	25480
composting established in rules adopted under division (E)~~(10)~~(8)	25481
of section 1511.02 of the Revised Code.	25482

(B) Any person who fails to comply with division (A) of this	25483
section shall prepare and operate under a composting plan in	25484
accordance with an order issued by the chief of the division of	25485
soil and water ~~conservation~~resources under division (G) of	25486
section 1511.02 of the Revised Code. If the person's proposed	25487
composting plan is disapproved by the board of supervisors of the	25488
appropriate soil and water conservation district under division	25489
~~(U)~~(Q)(3) of section 1515.08 of the Revised Code, the person may	25490
appeal the plan disapproval to the chief, who shall afford the	25491
person a hearing. Following the hearing, the chief shall uphold	25492
the plan disapproval or reverse it. If the chief reverses the	25493
disapproval, the plan shall be deemed approved.	25494

Sec. 1511.03. The chief of the division of soil and water	25495
~~conservation~~resources may enter into contracts or agreements,	25496
with the approval of the director of natural resources, with any	25497
agency of the United States government, or any other public or	25498
private agency, or organization, for the performance of the	25499
prescribed duties of the division, or for accomplishing	25500
cooperative projects within the designated duties of the division.	25501

Sec. 1511.04. The chief of the division of soil and water	25502
~~conservation~~resources may accept, on behalf of the department of	25503
natural resources, donations, grants and contributions in money,	25504
service, or equipment to enlarge or expedite the prescribed work	25505
of the division.	25506

Sec. 1511.05. The chief of the division of soil and water	25507
~~conservation~~resources, subject to approval of the terms of the	25508
agreement by the soil and water conservation commission, shall	25509
enter into cooperative agreements with the board of supervisors of	25510
any soil and water conservation district desiring to enter into	25511
such agreements pursuant to section 1515.08 of the Revised Code.	25512
Such agreements shall be entered into to obtain compliance with	25513
rules and orders of the chief pertaining to agricultural pollution	25514
abatement and urban sediment pollution abatement.	25515

The chief or any person designated by the chief may upon	25516
obtaining agreement with the owner, tenant, or manager of any	25517
land, public or private, enter thereon to make inspections to	25518
determine whether or not there is compliance with the rules	25519
adopted under division (E)(1) of section 1511.02 of the Revised	25520
Code. Upon reason to believe there is a violation, the chief or	25521
~~his~~the chief's designee may apply for and a judge of the court of	25522
common pleas for the county where the land is located may issue an	25523
appropriate inspection warrant as necessary to achieve the	25524
purposes of this chapter.	25525

Sec. 1511.06. The chief of the division of soil and water	25526
~~conservation~~resources may enter into agreements with local	25527
government agencies for the purpose of soil surveys, land use	25528
inventories, and other soil-related duties.	25529

Sec. 1511.07. (A)(1) No person shall fail to comply with an	25530
order of the chief of the division of soil and water ~~conservation~~	25531
resources issued pursuant to division (G) of section 1511.02 of	25532
the Revised Code.	25533

(2) In addition to the remedies provided and irrespective of	25534
whether an adequate remedy at law exists, the chief may apply to	25535
the court of common pleas in the county where a violation of a	25536
standard established under division (E)(1) or ~~(10)~~(8)(b) of	25537
section 1511.02 of the Revised Code causes pollution of the waters	25538
of the state for an order to compel the violator to cease the	25539
violation and to remove the agricultural pollutant or to comply	25540
with the rules adopted under division (E)~~(10)~~(8)(b) of that	25541
section, as appropriate.	25542

(3) In addition to the remedies provided and irrespective of	25543
whether an adequate remedy at law exists, whenever the chief	25544
officially determines that an emergency exists because of an	25545
unauthorized release, spill, or discharge of animal waste, or a	25546
violation of a rule adopted under division (E)~~(10)~~(8)(b) of	25547
section 1511.02 of the Revised Code, that causes pollution of the	25548
waters of the state, the chief may, without notice or hearing,	25549
issue an order reciting the existence of the emergency and	25550
requiring that necessary action be taken to meet the emergency.	25551
The order shall be effective immediately. Any person to whom the	25552
order is directed shall comply with the order immediately, but on	25553
application to the chief shall be afforded a hearing as soon as	25554
possible, but not later than twenty days after making the	25555
application. On the basis of the hearing, the chief shall continue	25556
the order in effect, revoke it, or modify it. No emergency order	25557
shall remain in effect for more than sixty days after its	25558
issuance. If a person to whom an order is issued does not comply	25559
with the order within a reasonable period, as determined by the	25560
chief, the chief or the chief's designee may enter upon private or	25561
public lands and take action to mitigate, minimize, remove, or	25562
abate the release, spill, discharge, or conditions caused by the	25563
violation of the rule.	25564

(B) The attorney general, upon the written request of the	25565
chief, shall bring appropriate legal action in Franklin county	25566
against any person who fails to comply with an order of the chief	25567
issued pursuant to division (G) of section 1511.02 of the Revised	25568
Code.	25569

Sec. 1511.071. There is hereby created in the state treasury	25570
the agricultural pollution abatement fund, which shall be	25571
administered by the chief of the division of soil and water	25572
~~conservation~~resources. The fund may be used to pay costs incurred	25573
by the division under division (A)(3) of section 1511.07 of the	25574
Revised Code in investigating, mitigating, minimizing, removing,	25575
or abating any pollution of the waters of the state caused by an	25576
unauthorized release, spill, or discharge of animal waste into or	25577
upon the environment that requires emergency action to protect the	25578
public health.	25579

Any person responsible for causing or allowing an	25580
unauthorized release, spill, or discharge is liable to the chief	25581
for any costs incurred by the division and soil and water	25582
conservation districts in investigating, mitigating, minimizing,	25583
removing, or abating the release, spill, or discharge, regardless	25584
of whether those costs were paid out of the agricultural pollution	25585
abatement fund or any other fund of the division or a district.	25586
Upon the request of the chief, the attorney general shall bring a	25587
civil action against the responsible person to recover those	25588
costs. Moneys recovered under this section shall be paid into the	25589
agricultural pollution abatement fund.	25590

Sec. 1511.08. Any person claiming to be deprived of a right	25591
or protection afforded ~~him~~the person by law by an order of the	25592
chief of the division of soil and water ~~conservation~~resources,	25593
except an order which adopts a rule, may appeal to the court of	25594
common pleas of Franklin county or the court of common pleas of	25595
the county in which the alleged violation exists.	25596

If the court finds that the order of the chief appealed from	25597
was lawful and reasonable, it shall affirm such order. If the	25598
court finds that such order was unreasonable or unlawful, it shall	25599
vacate such order and make the order which it finds the chief	25600
should have made. The judgment of the court is final unless	25601
reversed, vacated, or modified on appeal.	25602

Sec. 1513.021. (A) As used in this section, "ton" means two	25603
thousand pounds of coal that is measured at the point and time of	25604
extraction after the removal of any impurities.	25605

(B) Except as otherwise provided in division (D) of this	25606
section, there is charged to an operator an energy resource	25607
extraction fee of eight cents per ton of coal. The fee that is	25608
charged under this section is to provide funding for the division	25609
of mineral resources management to administer the coal mining and	25610
reclamation program, satisfy the regulatory, environmental, and	25611
natural resources management requirements of this state, and	25612
reclaim land affected by mining.	25613

(C) In accordance with rules adopted under this section, the	25614
chief of the division of mineral resources management shall	25615
collect from each operator the fee that is charged under this	25616
section. The chief shall transmit all money collected under this	25617
section to the treasurer of state to be credited to the coal	25618
mining administration and reclamation reserve fund created in	25619
section 1513.181 of the Revised Code.	25620

(D) Beginning July 1, 2013, and thereafter not later than	25621
thirty days after the end of a fiscal biennium, the director of	25622
natural resources shall examine the balance of the coal mining	25623
administration and reclamation reserve fund to determine if the	25624
fund contains sufficient money to fulfill the purposes specified	25625
in division (B) of this section for the fiscal biennium in which	25626
the examination is conducted. The director shall certify the	25627
director's determination to the director of budget and management	25628
and the treasurer of state. If the director of natural resources	25629
determines that the fund contains sufficient money for that	25630
fiscal biennium, the energy resource extraction fee shall be four	25631
cents per ton of coal. If the director determines that the fund	25632
does not contain sufficient money, the energy resource extraction	25633
fee shall be eight cents per ton of coal.	25634

(E) The chief, with the approval of the director of natural	25635
resources, shall adopt rules in accordance with Chapter 119. of	25636
the Revised Code for the administration of this section.	25637

(F) In any fiscal year, the director of natural resources may	25638
request the director of budget and management to transfer from	25639
the coal mining administration and reclamation reserve fund to	25640
the geological mapping fund created in section 1505.09 of the	25641
Revised Code a portion of the money credited to the coal mining	25642
administration and reclamation reserve fund resulting from the	25643
energy resource extraction fee that is collected under this	25644
section.	25645

(G) Not later than January 1, 2015, the chief shall complete	25646
a study to determine the solvency of the coal mining	25647
administration and reclamation fund and shall report the	25648
determination to the director of budget and management and make	25649
recommendations to the director concerning the rate of the energy	25650
resource extraction fee charged under this section.	25651

Sec. 1514.08. (A) The chief of the division of mineral	25652
resources management may adopt, amend, and rescind rules in	25653
accordance with Chapter 119. of the Revised Code in order to	25654
prescribe procedures for submitting applications for permits,	25655
amendments to permits, and amendments to plans of mining and	25656
reclamation; filing annual reports and final reports; requesting	25657
inspection and approval of reclamation; paying permit and filing	25658
fees; and filing and obtaining the release of performance bonds	25659
deposited with the state. For the purpose of preventing damage to	25660
adjoining property or achieving one or more of the performance	25661
standards established in division (A)(10) of section 1514.02 of	25662
the Revised Code, the chief may establish classes of mining	25663
industries, based upon industrial categories, combinations of	25664
minerals produced, and geological conditions in which surface or	25665
in-stream mining operations occur, and may prescribe different	25666
rules consistent with the performance standards for each class.	25667
For the purpose of apportioning the workload of the division of	25668
mineral resources management among the quarters of the year, the	25669
rules may require that applications for permits and annual reports	25670
be filed in different quarters of the year, depending upon the	25671
county in which the operation is located.	25672

(B) The chief shall adopt rules under this section that do	25673
all of the following:	25674

(1) With respect to in-stream mining, and in consultation	25675
with the chief of the division of soil and water resources,	25676
determine periods of low flow, which are the only time periods	25677
during which in-stream mining is allowed, and develop and	25678
implement any criteria, in addition to the criteria established in	25679
section 1514.02 of the Revised Code, that the chief determines are	25680
necessary for the permitting of in-stream mining;	25681

(2) Establish criteria and procedures for approving or	25682
disapproving the transfer of a surface or in-stream mining permit	25683
under division (F) of section 1514.02 of the Revised Code;	25684

(3) Define when any of the following may be considered to be	25685
"significant" for purposes of section 1514.022 of the Revised	25686
Code:	25687

(a) An amendment to a permit issued under section 1514.02 of	25688
the Revised Code for a surface or in-stream mining operation;	25689

(b) An amendment to the plan of mining and reclamation that	25690
must be filed with an application for either permit under section	25691
1514.02 of the Revised Code;	25692

(c) Changes to that plan of mining and reclamation that are	25693
proposed in a permit renewal application filed under section	25694
1514.021 of the Revised Code.	25695

In defining "significant," the chief shall focus on changes	25696
that increase the likelihood that the mining operation may have a	25697
negative impact on the public.	25698

(4) Establish a framework and procedures under which the	25699
amount of any bond required to be filed under this chapter to	25700
ensure the satisfactory performance of the reclamation measures	25701
required under this chapter may be reduced by subtracting a credit	25702
based on the operator's past compliance with this chapter and	25703
rules adopted and orders issued under it. The rules also shall	25704
apply to cash, an irrevocable letter of credit, or a certificate	25705
of deposit that is on deposit in lieu of a bond. In establishing	25706
the amount of credit that an operator or applicant may receive	25707
based on past compliance, the chief may consider past compliance	25708
with respect to any permit for a surface or in-stream mining	25709
operation that has been issued in this state to the operator or	25710
applicant.	25711

(5) Establish criteria and procedures for granting a variance	25712
from compliance with the prohibitions established in divisions	25713
(E)(3) and (F)(3) of section 1514.10 of the Revised Code. The	25714
criteria shall ensure that an operator may obtain a variance only	25715
if compliance with the applicable prohibition is not necessary to	25716
prevent damage to the watercourse or surrounding areas.	25717

Sec. 1514.13. (A) The chief of the division of mineral	25718
resources management shall use the compilation of data for ground	25719
water modeling submitted under section 1514.02 of the Revised Code	25720
to establish a projected cone of depression for any surface mining	25721
operation that may result in dewatering. The chief shall consult	25722
with the chief of the division of soil and water resources when	25723
projecting a cone of depression. An applicant for a surface mining	25724
permit for such an operation may submit ground water modeling that	25725
shows a projected cone of depression for that operation to the	25726
chief, provided that the modeling complies with rules adopted by	25727
the chief regarding ground water modeling. However, the chief	25728
shall establish the projected cone of depression for the purposes	25729
of this section.	25730

The chief shall adopt, and may amend and rescind, rules in	25731
accordance with Chapter 119. of the Revised Code establishing	25732
requirements and standards governing both of the following:	25733

(1) Ground water modeling for establishing a projected cone	25734
of depression. A ground water model shall be generally accepted in	25735
the scientific community.	25736

(2) Replacement of water supplies.

25737

(B)(1) If an owner of real property who obtains all or part	25738
of the owner's water supply for domestic, agricultural,	25739
industrial, or other legitimate use from ground water has a	25740
diminution, contamination, or interruption of that water supply	25741
and the owner's real property is located within the projected cone	25742
of depression of a surface mining operation established under this	25743
section, the owner may submit a written complaint to the operator	25744
of that operation or to the chief informing the operator or the	25745
chief that there is a diminution, contamination, or interruption	25746
of the owner's water supply. The complaint shall include the	25747
owner's name, address, and telephone number.	25748

If the chief receives a written complaint, the chief	25749
immediately shall send a copy of the complaint to the operator,	25750
and the operator immediately shall respond by sending the chief a	25751
statement that explains how the operator resolved or will resolve	25752
the complaint. If the operator receives a written complaint, the	25753
operator immediately shall send to the chief a copy of the	25754
complaint and include a statement that explains how the operator	25755
resolved or will resolve the complaint. Not later than seventy-two	25756
hours after receipt of the complaint, the operator shall provide	25757
the owner a supply of water that is comparable, in quantity and	25758
quality, to the owner's water supply prior to the diminution,	25759
contamination, or interruption of the owner's water supply. The	25760
operator shall maintain that water supply until the operator	25761
provides a permanent replacement water supply to the owner under	25762
division (B)(3) of this section or until the division of mineral	25763
resources management completes the evaluation under division	25764
(B)(2) of this section, whichever is applicable.	25765

(2) A rebuttable presumption exists that the operation caused	25766
the diminution, contamination, or interruption of the owner's	25767
water supply. However, not later than fourteen days after receipt	25768
of the complaint, the operator may submit to the division	25769
information showing that the operation is not the proximate cause	25770
of the diminution, contamination, or interruption of the owner's	25771
water supply. The division shall evaluate the information	25772
submitted by the operator to determine if the presumption is	25773
rebutted. If the operator fails to rebut the presumption, the	25774
division immediately shall notify the operator that the operator	25775
failed to rebut the presumption. Not later than fourteen days	25776
after receipt of that notice, the operator shall provide the owner	25777
a permanent replacement water supply that is comparable, in	25778
quantity and quality, to the owner's water supply prior to the	25779
diminution, contamination, or interruption of the owner's water	25780
supply. If the operator rebuts the presumption, the division	25781
immediately shall notify the operator that the operator rebutted	25782
the presumption, and, upon receipt of that notice, the operator	25783
may cease providing a supply of water to the owner under division	25784
(B)(1) of this section.	25785

(3) If, within fourteen days after receipt of the complaint,	25786
the operator does not submit to the division information showing	25787
that the operation is not the proximate cause of the diminution,	25788
contamination, or interruption of the owner's water supply, the	25789
operator shall provide the owner, not later than twenty-eight days	25790
after receipt of the complaint, a permanent replacement water	25791
supply that is comparable, in quantity and quality, to the owner's	25792
water supply prior to the diminution, contamination, or	25793
interruption of the owner's water supply.	25794

(4) The division may investigate a complaint under division	25795
(B) of this section.	25796

(C) If an owner of real property who obtains all or part of	25797
the owner's water supply for domestic, agricultural, industrial,	25798
or other legitimate use from ground water has a diminution,	25799
contamination, or interruption of that water supply and the	25800
owner's real property is not located within the projected cone of	25801
depression of a surface mining operation established under this	25802
section, the owner may submit a written complaint to the operator	25803
of that operation or to the chief informing the operator or the	25804
chief that there is a diminution, contamination, or interruption	25805
of the owner's water supply. The complaint shall include the	25806
owner's name, address, and telephone number.	25807

If the operator receives a written complaint, the operator	25808
immediately shall send the chief a copy of the complaint. If the	25809
chief receives a written complaint, the chief immediately shall	25810
send the operator a copy of the complaint. The chief shall	25811
investigate any complaint submitted under this division and, upon	25812
completion of the investigation, immediately shall send the	25813
results of the investigation to the operator and to the owner that	25814
filed the complaint.	25815

An owner that submits a written complaint under this division	25816
may resolve the diminution, contamination, or interruption of the	25817
owner's water supply with the operator of that operation or may	25818
commence a civil action for that purpose.	25819

(D) An operator may request the chief to amend the plan of	25820
mining and reclamation filed with the application under section	25821
1514.02 of the Revised Code when a ground water user may affect	25822
the projected cone of depression established for the operation	25823
under division (A) of this section. The operator shall submit	25824
additional data that reflect the ground water user's impact on the	25825
ground water. The chief shall perform ground water modeling using	25826
the additional data and may establish a revised projected cone of	25827
depression for that operation.	25828

(E) This section shall not be construed as creating,	25829
modifying, or affecting any right, liability, or remedy of surface	25830
riparian owners.	25831

Sec. 1515.08. The supervisors of a soil and water	25832
conservation district have the following powers in addition to	25833
their other powers:	25834

(A) To conduct surveys, investigations, and research relating	25835
to the character of soil erosion, floodwater and sediment damages,	25836
and the preventive and control measures and works of improvement	25837
for flood prevention and the conservation, development,	25838
utilization, and disposal of water needed within the district, and	25839
to publish the results of those surveys, investigations, or	25840
research, provided that no district shall initiate any research	25841
program except in cooperation or after consultation with the Ohio	25842
agricultural research and development center;	25843

(B) To develop plans for the conservation of soil resources,	25844
for the control and prevention of soil erosion, and for works of	25845
improvement for flood prevention and the conservation,	25846
development, utilization, and disposal of water within the	25847
district, and to publish those plans and information;	25848

(C) To implement, construct, repair, maintain, and operate	25849
preventive and control measures and other works of improvement for	25850
natural resource conservation and development and flood	25851
prevention, and the conservation, development, utilization, and	25852
disposal of water within the district on lands owned or controlled	25853
by this state or any of its agencies and on any other lands within	25854
the district, which works may include any facilities authorized	25855
under state or federal programs, and to acquire, by purchase or	25856
gift, to hold, encumber, or dispose of, and to lease real and	25857
personal property or interests in such property for those	25858
purposes;	25859

(D) To cooperate or enter into agreements with any occupier	25860
of lands within the district in the carrying on of natural	25861
resource conservation operations and works of improvement for	25862
flood prevention and the conservation, development, utilization,	25863
and management of natural resources within the district, subject	25864
to such conditions as the supervisors consider necessary;	25865

(E) To accept donations, gifts, grants, and contributions in	25866
money, service, materials, or otherwise, and to use or expend them	25867
according to their terms;	25868

(F) To adopt, amend, and rescind rules to carry into effect	25869
the purposes and powers of the district;	25870

(G) To sue and plead in the name of the district, and be sued	25871
and impleaded in the name of the district, with respect to its	25872
contracts and, as indicated in section 1515.081 of the Revised	25873
Code, certain torts of its officers, employees, or agents acting	25874
within the scope of their employment or official responsibilities,	25875
or with respect to the enforcement of its obligations and	25876
covenants made under this chapter;	25877

(H) To make and enter into all contracts, leases, and	25878
agreements and execute all instruments necessary or incidental to	25879
the performance of the duties and the execution of the powers of	25880
the district under this chapter, provided that all of the	25881
following apply:	25882

(1) Except as provided in section 307.86 of the Revised Code	25883
regarding expenditures by boards of county commissioners, when the	25884
cost under any such contract, lease, or agreement, other than	25885
compensation for personal services or rental of office space,	25886
involves an expenditure of more than the amount established in	25887
that section regarding expenditures by boards of county	25888
commissioners, the supervisors shall make a written contract with	25889
the lowest and best bidder after advertisement, for not less than	25890
two nor more than four consecutive weeks preceding the day of the	25891
opening of bids, in a newspaper of general circulation within the	25892
district and in such other publications as the supervisors	25893
determine. The notice shall state the general character of the	25894
work and materials to be furnished, the place where plans and	25895
specifications may be examined, and the time and place of	25896
receiving bids.	25897

(2) Each bid for a contract shall contain the full name of	25898
every person interested in it.	25899

(3) Each bid for a contract for the construction, demolition,	25900
alteration, repair, or reconstruction of an improvement shall meet	25901
the requirements of section 153.54 of the Revised Code.	25902

(4) Each bid for a contract, other than a contract for the	25903
construction, demolition, alteration, repair, or reconstruction of	25904
an improvement, at the discretion of the supervisors, may be	25905
accompanied by a bond or certified check on a solvent bank in an	25906
amount not to exceed five per cent of the bid, conditioned that,	25907
if the bid is accepted, a contract shall be entered into.	25908

(5) The supervisors may reject any and all bids.

25909

(I) To make agreements with the department of natural	25910
resources giving it control over lands of the district for the	25911
purpose of construction of improvements by the department under	25912
section 1501.011 of the Revised Code;	25913

(J) To charge, alter, and collect rentals and other charges	25914
for the use or services of any works of the district;	25915

(K) To enter, either in person or by designated	25916
representatives, upon lands, private or public, in the necessary	25917
discharge of their duties;	25918

(L) To enter into agreements or contracts with the department	25919
for the determination, implementation, inspection, and funding of	25920
agricultural pollution abatement and urban sediment pollution	25921
abatement measures whereby landowners, operators, managers, and	25922
developers may meet adopted state standards for a quality	25923
environment, except that failure of a district board of	25924
supervisors to negotiate an agreement or contract with the	25925
department shall authorize the division of soil and water	25926
~~conservation~~resources to implement the required program;	25927

(M) To conduct demonstrations and provide information to the	25928
public regarding practices and methods for natural resource	25929
conservation, development, and utilization;	25930

(N) ~~Until June 1, 1996, to conduct surveys and investigations~~	25931
~~relating to the incidence of the multiflora rose within the~~	25932
~~district and of the nature and extent of the adverse effects of~~	25933
~~the multiflora rose on agriculture, forestry, recreation, and~~	25934
~~other beneficial land uses;~~	25935

~~(O) Until June 1, 1996, to develop plans for the control of~~	25936
~~the multiflora rose within the district and to publish those plans~~	25937
~~and information related to control of the multiflora rose;~~	25938

~~(P) Until June 1, 1996, to enter into contracts or agreements~~	25939
~~with the chief of the division of soil and water conservation to~~	25940
~~implement and administer a program for control of the multiflora~~	25941
~~rose and to receive and expend funds provided by the chief for~~	25942
~~that purpose;~~	25943

~~(Q) Until June 1, 1996, to enter into cost-sharing agreements~~	25944
~~with landowners for control of the multiflora rose. Before~~	25945
~~entering into any such agreement, the board of supervisors shall~~	25946
~~determine that the landowner's application meets the eligibility~~	25947
~~criteria established under division (E)(6) of section 1511.02 of~~	25948
~~the Revised Code. The cost-sharing agreements shall contain the~~	25949
~~contract provisions required by the rules adopted under that~~	25950
~~division and such other provisions as the board of supervisors~~	25951
~~considers appropriate to ensure effective control of the~~	25952
~~multiflora rose.~~	25953

~~(R)~~ To enter into contracts or agreements with the chief of	25954
the division of soil and water resources to implement and	25955
administer a program for urban sediment pollution abatement and to	25956
receive and expend moneys provided by the chief for that purpose;	25957

~~(S)~~(O) To develop operation and management plans, as defined	25958
in section 1511.01 of the Revised Code, as necessary;	25959

~~(T)~~(P) To determine whether operation and management plans	25960
developed under division (A) of section 1511.021 of the Revised	25961
Code comply with the standards established under division (E)(1)	25962
of section 1511.02 of the Revised Code and to approve or	25963
disapprove the plans, based on such compliance. If an operation	25964
and management plan is disapproved, the board shall provide a	25965
written explanation to the person who submitted the plan. The	25966
person may appeal the plan disapproval to the chief, who shall	25967
afford the person a hearing. Following the hearing, the chief	25968
shall uphold the plan disapproval or reverse it. If the chief	25969
reverses the plan disapproval, the plan shall be deemed approved	25970
under this division. In the event that any person operating or	25971
owning agricultural land or a concentrated animal feeding	25972
operation in accordance with an approved operation and management	25973
plan who, in good faith, is following that plan, causes	25974
agricultural pollution, the plan shall be revised in a fashion	25975
necessary to mitigate the agricultural pollution, as determined	25976
and approved by the board of supervisors of the soil and water	25977
conservation district.	25978

~~(U)~~(Q) With regard to composting conducted in conjunction	25979
with agricultural operations, to do all of the following:	25980

(1) Upon request or upon their own initiative, inspect	25981
composting at any such operation to determine whether the	25982
composting is being conducted in accordance with section 1511.022	25983
of the Revised Code;	25984

(2) If the board determines that composting is not being so	25985
conducted, request the chief to issue an order under division (G)	25986
of section 1511.02 of the Revised Code requiring the person who is	25987
conducting the composting to prepare a composting plan in	25988
accordance with rules adopted under division (E)~~(10)~~(8)(c) of that	25989
section and to operate in accordance with that plan or to operate	25990
in accordance with a previously prepared plan, as applicable;	25991

(3) In accordance with rules adopted under division	25992
(E)~~(10)~~(8)(c) of section 1511.02 of the Revised Code, review and	25993
approve or disapprove any such composting plan. If a plan is	25994
disapproved, the board shall provide a written explanation to the	25995
person who submitted the plan.	25996

As used in division ~~(U)~~(Q) of this section, "composting" has	25997
the same meaning as in section 1511.01 of the Revised Code.	25998

~~(V)~~(R) With regard to conservation activities that are	25999
conducted in conjunction with agricultural operations, to assist	26000
the county auditor, upon request, in determining whether a	26001
conservation activity is a conservation practice for purposes of	26002
Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the	26003
Revised Code.	26004

As used in this division, "conservation practice" has the	26005
same meaning as in section 5713.30 of the Revised Code.	26006

~~(W)~~(S) To do all acts necessary or proper to carry out the	26007
powers granted in this chapter.	26008

The director of natural resources shall make recommendations	26009
to reduce the adverse environmental effects of each project that a	26010
soil and water conservation district plans to undertake under	26011
division (A), (B), (C), or (D) of this section and that will be	26012
funded in whole or in part by moneys authorized under section	26013
1515.16 of the Revised Code and shall disapprove any such project	26014
that the director finds will adversely affect the environment	26015
without equal or greater benefit to the public. The director's	26016
disapproval or recommendations, upon the request of the district	26017
filed in accordance with rules adopted by the Ohio soil and water	26018
conservation commission, shall be reviewed by the commission,	26019
which may confirm the director's decision, modify it, or add	26020
recommendations to or approve a project the director has	26021
disapproved.	26022

Any instrument by which real property is acquired pursuant to	26023
this section shall identify the agency of the state that has the	26024
use and benefit of the real property as specified in section	26025
5301.012 of the Revised Code.	26026

Sec. 1515.14. Within the limits of funds appropriated to the	26027
department of natural resources and the soil and water	26028
conservation district assistance fund created in this section,	26029
there shall be paid in each calendar year to each local soil and	26030
water conservation district an amount not to exceed one dollar for	26031
each one dollar received in accordance with section 1515.10 of the	26032
Revised Code, received from tax levies in excess of the ten-mill	26033
levy limitation approved for the benefit of local soil and water	26034
conservation districts, or received from an appropriation by a	26035
municipal corporation or a township to a maximum of eight thousand	26036
dollars, provided that the Ohio soil and water conservation	26037
commission may approve payment to a district in an amount in	26038
excess of eight thousand dollars in any calendar year upon receipt	26039
of a request and justification from the district. The county	26040
auditor shall credit such payments to the special fund established	26041
pursuant to section 1515.10 of the Revised Code for the local soil	26042
and water conservation district. The department may make advances	26043
at least quarterly to each district on the basis of the estimated	26044
contribution of the state to each district. Moneys received by	26045
each district shall be expended for the purposes of the district.	26046

For the purpose of providing money to soil and water	26047
conservation districts under this section, there is hereby created	26048
in the state treasury the soil and water conservation district	26049
assistance fund consisting of money credited to it under section	26050
3714.073 and division (A)(4) of section 3734.57 of the Revised	26051
Code.	26052

Sec. 1515.183. Upon acceptance of a petition requesting the	26053
construction of an improvement, the supervisors of a soil and	26054
water conservation district shall begin to prepare, as a guide to	26055
the board of county commissioners and the petitioners, a	26056
preliminary report regarding the proposed improvement. The	26057
supervisors shall present the completed preliminary report at the	26058
hearing that is held on the proposed improvement.	26059

The preliminary report shall include a preliminary estimate	26060
of cost, comments on the feasibility of the project, and a	26061
statement of the supervisors' opinion as to whether the benefits	26062
from the project are likely to exceed the estimated cost. The	26063
preliminary report shall identify all factors that are apparent to	26064
the supervisors, both favorable and unfavorable to the proposed	26065
improvement, so that the petitioners may be informed concerning	26066
what is involved with the construction of the improvement.	26067

In addition to reporting on the improvement as petitioned,	26068
the supervisors may submit alternate proposals to accomplish the	26069
intent of the petition. The preliminary report and all alternate	26070
proposals shall be reviewed and receive concurrence from an	26071
engineer who is employed by the division of soil and water	26072
~~conservation~~resources or by the natural resources conservation	26073
service in the United States department of agriculture and who is	26074
responsible for providing technical assistance to the district or	26075
from any other registered professional engineer whom the	26076
supervisors choose.	26077

Sec. 1517.02. There is hereby created in the department of	26078
natural resources the division of natural areas and preserves,	26079
which shall be administered by the chief of the division of	26080
natural areas and preserves. The chief shall take an oath of	26081
office and shall file in the office of the secretary of state a	26082
bond signed by the chief and by a surety approved by the governor	26083
for a sum fixed pursuant to section 121.11 of the Revised Code.	26084

The chief shall administer a system of nature preserves ~~and~~	26085
~~wild, scenic, and recreational river areas~~. The chief shall	26086
establish a system of nature preserves through acquisition and	26087
dedication of natural areas of state or national significance,	26088
which shall include, but not be limited to, areas that represent	26089
characteristic examples of Ohio's natural landscape types and its	26090
natural vegetation and geological history. The chief shall	26091
encourage landowners to dedicate areas of unusual significance as	26092
nature preserves, and shall establish and maintain a registry of	26093
natural areas of unusual significance.	26094

The chief may ~~supervise, operate, protect, and maintain wild,~~	26095
~~scenic, and recreational river areas, as designated by the~~	26096
~~director of natural resources. The chief may cooperate with~~	26097
participate in watershed planning activities with other states or	26098
federal agencies ~~administering any federal program concerning~~	26099
~~wild, scenic, or recreational river areas~~.	26100

The chief shall do the following:

26101

(A) Formulate policies and plans for the acquisition, use,	26102
management, and protection of nature preserves;	26103

(B) Formulate policies for the selection of areas suitable	26104
for registration;	26105

(C) Formulate policies for the dedication of areas as nature	26106
preserves;	26107

(D) Prepare and maintain surveys and inventories of natural	26108
areas, rare and endangered species of plants and animals, and	26109
other unique natural features. The information shall be stored in	26110
the Ohio natural heritage database, established pursuant to this	26111
division, and may be made available to any individual or private	26112
or public agency for research, educational, environmental, land	26113
management, or other similar purposes that are not detrimental to	26114
the conservation of a species or feature. Information regarding	26115
sensitive site locations of species that are listed pursuant to	26116
section 1518.01 of the Revised Code and of unique natural features	26117
that are included in the Ohio natural heritage database is not	26118
subject to section 149.43 of the Revised Code if the chief	26119
determines that the release of the information could be	26120
detrimental to the conservation of a species or unique natural	26121
feature.	26122

(E) Adopt rules for the use, visitation, and protection of	26123
nature preserves,and natural areas owned or managed through	26124
easement, license, or lease by the department and administered by	26125
the division~~, and lands owned or managed through easement,~~	26126
~~license, or lease by the department and administered by the~~	26127
~~division that are within or adjacent to any wild, scenic, or~~	26128
~~recreational river area,~~ in accordance with Chapter 119. of the	26129
Revised Code;	26130

(F) Provide facilities and improvements within the state	26131
system of nature preserves that are necessary for their	26132
visitation, use, restoration, and protection and do not impair	26133
their natural character;	26134

(G) Provide interpretive programs and publish and disseminate	26135
information pertaining to nature preserves and natural areas for	26136
their visitation and use;	26137

(H) Conduct and grant permits to qualified persons for the	26138
conduct of scientific research and investigations within nature	26139
preserves;	26140

(I) Establish an appropriate system for marking nature	26141
preserves;	26142

(J) Publish and submit to the governor and the general	26143
assembly a biennial report of the status and condition of each	26144
nature preserve, activities conducted within each preserve, and	26145
plans and recommendations for natural area preservation.	26146

Sec. 1517.10. (A) As used in this section, "felony" has the	26147
same meaning as in section 109.511 of the Revised Code.	26148

(B)(1) Any person selected by the chief of the division of	26149
natural areas and preserves for custodial or patrol service on the	26150
lands and waters operated or administered by the division shall be	26151
employed in conformity with the law applicable to the classified	26152
civil service of the state. Subject to division (C) of this	26153
section, the chief may designate that person as a preserve	26154
officer. A preserve officer, in any nature preserve, in any	26155
natural area owned or managed through easement, license, or lease	26156
by the department of natural resources and administered by the	26157
division, and on lands owned or managed through easement, license,	26158
or lease by the department and administered by the division that	26159
are ~~within or adjacent to any wild, scenic, or recreational river~~	26160
~~area established under this chapter and~~ along any trail	26161
established under Chapter 1519. of the Revised Code, has the	26162
authority specified under section 2935.03 of the Revised Code for	26163
peace officers of the department of natural resources to keep the	26164
peace, to enforce all laws and rules governing those lands and	26165
waters, and to make arrests for violation of those laws and rules,	26166
provided that the authority shall be exercised on lands or waters	26167
administered by another division of the department only pursuant	26168
to an agreement with the chief of that division or to a request	26169
for assistance by an enforcement officer of that division in an	26170
emergency. A preserve officer, in or along any watercourse within,	26171
abutting, or upstream from the boundary of any area administered	26172
by the department, has the authority to enforce section 3767.32 of	26173
the Revised Code and any other laws prohibiting the dumping of	26174
refuse into or along waters and to make arrests for violation of	26175
those laws. The jurisdiction of a preserve officer shall be	26176
concurrent with that of the peace officers of the county,	26177
township, or municipal corporation in which the violation occurs.	26178

The governor, upon the recommendation of the chief, shall	26179
issue to each preserve officer a commission indicating authority	26180
to make arrests as provided in this section.	26181

The chief shall furnish a suitable badge to each commissioned	26182
preserve officer as evidence of the preserve officer's authority.	26183

(2) If any person employed under this section is designated	26184
by the chief to act as an agent of the state in the collection of	26185
money resulting from the sale of licenses, fees of any nature, or	26186
other money belonging to the state, the chief shall require a	26187
surety bond from the person in an amount not less than one	26188
thousand dollars.	26189

(3) A preserve officer may render assistance to a state or	26190
local law enforcement officer at the request of the officer or in	26191
the event of an emergency. Preserve officers serving outside the	26192
division of natural areas and preserves under this section or	26193
serving under the terms of a mutual aid compact authorized under	26194
section 1501.02 of the Revised Code shall be considered as	26195
performing services within their regular employment for the	26196
purposes of compensation, pension or indemnity fund rights,	26197
workers' compensation, and other rights or benefits to which they	26198
may be entitled as incidents of their regular employment.	26199

Preserve officers serving outside the division of natural	26200
areas and preserves under this section or under the terms of a	26201
mutual aid compact retain personal immunity from civil liability	26202
as specified in section 9.86 of the Revised Code and shall not be	26203
considered an employee of a political subdivision for purposes of	26204
Chapter 2744. of the Revised Code. A political subdivision that	26205
uses preserve officers under this section or under the terms of a	26206
mutual aid compact authorized under section 1501.02 of the Revised	26207
Code is not subject to civil liability under Chapter 2744. of the	26208
Revised Code as a result of any action or omission of any preserve	26209
officer acting under this section or under a mutual aid compact.	26210

(C)(1) The chief of the division of natural areas and	26211
preserves shall not designate a person as a preserve officer	26212
pursuant to division (B)(1) of this section on a permanent basis,	26213
on a temporary basis, for a probationary term, or on other than a	26214
permanent basis if the person previously has been convicted of or	26215
has pleaded guilty to a felony.	26216

(2)(a) The chief of the division of natural areas and	26217
preserves shall terminate the employment as a preserve officer of	26218
a person designated as a preserve officer under division (B)(1) of	26219
this section if that person does either of the following:	26220

(i) Pleads guilty to a felony;

26221

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	26222
plea agreement as provided in division (D) of section 2929.43 of	26223
the Revised Code in which the preserve officer agrees to surrender	26224
the certificate awarded to the preserve officer under section	26225
109.77 of the Revised Code.	26226

(b) The chief shall suspend from employment as a preserve	26227
officer a person designated as a preserve officer under division	26228
(B)(1) of this section if that person is convicted, after trial,	26229
of a felony. If the preserve officer files an appeal from that	26230
conviction and the conviction is upheld by the highest court to	26231
which the appeal is taken or if the preserve officer does not file	26232
a timely appeal, the chief shall terminate the employment of that	26233
preserve officer. If the preserve officer files an appeal that	26234
results in the preserve officer's acquittal of the felony or	26235
conviction of a misdemeanor, or in the dismissal of the felony	26236
charge against the preserve officer, the chief shall reinstate	26237
that preserve officer. A preserve officer who is reinstated under	26238
division (C)(2)(b) of this section shall not receive any back pay	26239
unless that preserve officer's conviction of the felony was	26240
reversed on appeal, or the felony charge was dismissed, because	26241
the court found insufficient evidence to convict the preserve	26242
officer of the felony.	26243

(3) Division (C) of this section does not apply regarding an	26244
offense that was committed prior to January 1, 1997.	26245

(4) The suspension from employment, or the termination of the	26246
employment, of a preserve officer under division (C)(2) of this	26247
section shall be in accordance with Chapter 119. of the Revised	26248
Code.	26249

Sec. 1517.11. There is hereby created in the state treasury	26250
the natural areas and preserves fund, which shall consist of	26251
moneys transferred into it under section 5747.113 of the Revised	26252
Code and of contributions made directly to it. Any person may	26253
contribute directly to the fund in addition to or independently of	26254
the income tax refund contribution system established in that	26255
section.	26256

Moneys in the fund shall be disbursed pursuant to vouchers	26257
approved by the director of natural resources for use by the	26258
division of natural areas and preserves solely for the following	26259
purposes:	26260

(A) The acquisition of new or expanded natural areas,and	26261
nature preserves~~, and wild, scenic, and recreational river areas~~;	26262

(B) Facility development in natural areas,and nature	26263
preserves~~, and wild, scenic, and recreational river areas~~;	26264

(C) Special projects, including, but not limited to,	26265
biological inventories, research grants, and the production of	26266
interpretive material related to natural areas,and nature	26267
preserves~~, and wild, scenic, and recreational river areas~~;	26268

(D) Routine maintenance for health and safety purposes.

26269

Moneys appropriated from the fund shall not be used to fund	26270
salaries of permanent employees or administrative costs.	26271

All investment earnings of the fund shall be credited to the	26272
fund.	26273

Sec. 1519.03. The director of natural resources, through	26274
the chief of the division of ~~real estate~~parks and ~~land management~~	26275
recreation, shall prepare and maintain a current inventory of	26276
trails, abandoned or unmaintained roads, streets, and highways,	26277
abandoned railroad rights-of-way, utility easements, canals, and	26278
other scenic or historic corridors or rights-of-way that are	26279
suitable for recreational use. The director shall prepare and	26280
publish a comprehensive plan for development of a statewide trails	26281
system to serve present and future trail recreation needs of the	26282
state. Any state department, agency, political subdivision, or	26283
planning commission shall furnish available maps, descriptions,	26284
and other pertinent information to the director or provide access	26285
to ~~his~~the director's representatives for inspection and	26286
duplication, upon request by the director, for trail inventory and	26287
planning purposes.	26288

Sec. 1520.02. (A) The director of natural resources has	26289
exclusive authority to administer, manage, and establish policies	26290
governing canal lands.	26291

(B)(1) The director may sell, lease, exchange, give, or grant	26292
all or part of the state's interest in any canal lands in	26293
accordance with section 1501.01 of the Revised Code. The director	26294
may stipulate that an appraisal or survey need not be conducted	26295
for, and may establish any terms or conditions that the director	26296
determines appropriate for, any such conveyance.	26297

Prior to proposing the conveyance of any canal lands, the	26298
director shall consider the local government needs and economic	26299
development potential with respect to the canal lands and the	26300
recreational, ecological, and historical value of the canal lands.	26301
In addition, the conveyance of canal lands shall be conducted in	26302
accordance with the director's policies governing the protection	26303
and conservation of canal lands established under this section.	26304

(2) With regard to canal lands, the chief of the division of	26305
~~water~~parks and recreation, with the approval of the director, may	26306
sell, lease, or transfer minerals or mineral rights when the	26307
chief, with the approval of the director, determines that the	26308
sale, lease, or transfer is in the best interest of the state.	26309
Consideration for minerals and mineral rights shall be by rental	26310
or on a royalty basis as prescribed by the chief, with the	26311
approval of the director, and payable as prescribed by contract.	26312
Moneys collected under division (B)(2) of this section shall be	26313
paid into the state treasury to the credit of the canal lands fund	26314
created in section 1520.05 of the Revised Code.	26315

(C) The director may transfer to the Ohio historical society	26316
any equipment, maps, and records used on or related to canal lands	26317
that are of historical interest and that are not needed by the	26318
director to administer this chapter.	26319

(D) If the director determines that any canal lands are a	26320
necessary part of a county's drainage or ditch system and are not	26321
needed for any purpose of the department of natural resources, the	26322
director may sell, grant, or otherwise convey those canal lands to	26323
that county in accordance with division (B) of this section. The	26324
board of county commissioners shall accept the transfer of canal	26325
lands.	26326

(E) Notwithstanding any other section of the Revised Code,	26327
the county auditor shall transfer any canal lands conveyed under	26328
this section, and the county recorder shall record the deed for	26329
those lands in accordance with section 317.12 of the Revised Code.	26330

Sec. 1520.03. (A) The director of natural resources may	26331
appropriate real property in accordance with Chapter 163. of the	26332
Revised Code for the purpose of administering this chapter.	26333

(B)(1) The director shall operate and maintain all canals and	26334
canal reservoirs owned by the state except those canals that are	26335
operated by the Ohio historical society on July 1, 1989.	26336

(2) On behalf of the director, the division of ~~water~~parks	26337
and recreation shall have the care and control of all canals and	26338
canal reservoirs owned by the state, the water in them, and canal	26339
lands and shall protect, operate, and maintain them and keep them	26340
in repair. The chief of the division of ~~water~~parks and recreation	26341
may remove obstructions from or on them and shall make any	26342
alterations or changes in or to them and construct any feeders,	26343
dikes, reservoirs, dams, locks, or other works, devices, or	26344
improvements in or on them that are necessary in the discharge of	26345
the chief's duties.	26346

In accordance with Chapter 119. of the Revised Code, the	26347
chief may adopt, amend, and rescind rules that are necessary for	26348
the administration of this division.	26349

(C) The director may sell or lease water from any canal or	26350
canal reservoir that the director operates and maintains only to	26351
the extent that the water is in excess of the quantity that is	26352
required for navigation, recreation, and wildlife purposes. ~~The~~	26353
With the approval of the director, the chief may adopt, amend, and	26354
rescind rules in accordance with Chapter 119. of the Revised Code	26355
necessary to administer this division.	26356

The withdrawal of water from any canal or canal reservoir for	26357
domestic use is exempt from this division. However, the director	26358
may require water conservation measures for water that is	26359
withdrawn from any canal or canal reservoir for domestic use	26360
during drought conditions or other emergencies declared by the	26361
governor.	26362

(D) No person shall take or divert water from any canal or	26363
canal reservoir operated and maintained by the director except in	26364
accordance with division (C) of this section.	26365

(E) At the request of the director, the attorney general may	26366
commence a civil action for civil penalties and injunctions, in a	26367
court of common pleas, against any person who has violated or is	26368
violating division (D) of this section. The court of common pleas	26369
in which an action for injunctive relief is filed has jurisdiction	26370
to and shall grant preliminary and permanent injunctive relief	26371
upon a showing that the person against whom the action is brought	26372
has violated or is violating that division.	26373

Upon a finding of a violation, the court shall assess a civil	26374
penalty of not more than one thousand dollars for each day of each	26375
violation if the violator is an individual who took or diverted	26376
the water in question for residential or agricultural use. The	26377
court shall assess a civil penalty of not more than five thousand	26378
dollars for each day of each violation if the violator is any	26379
other person who took or diverted the water in question for	26380
industrial or commercial use excluding agricultural use. Moneys	26381
from civil penalties assessed under this division shall be paid	26382
into the state treasury to the credit of the canal lands fund	26383
created in section 1520.05 of the Revised Code.	26384

Any action under this division is a civil action, governed by	26385
the rules of civil procedure and other rules of practice and	26386
procedure applicable to civil actions.	26387

(F) As used in this section, "person" means any agency of	26388
this state, any political subdivision of this state or of the	26389
United States, or any legal entity defined as a person under	26390
section 1.59 of the Revised Code.	26391

Sec. 1521.03. The chief of the division of soil and water	26392
resources shall do all of the following:	26393

(A) Assist in an advisory capacity any properly constituted	26394
watershed district, conservancy district, or soil and water	26395
conservation district or any county, municipal corporation, or	26396
other government agency of the state in the planning of works for	26397
ground water recharge, flood mitigation, floodplain management,	26398
flood control, flow capacity and stability of streams, rivers, and	26399
watercourses, or the establishment of water conservation	26400
practices, within the limits of the appropriations for those	26401
purposes;	26402

(B) Have authority to conduct basic inventories of the water	26403
and related natural resources in each drainage basin in the state;	26404
to develop a plan on a watershed basis that will recognize the	26405
variety of uses to which water may be put and the need for its	26406
management for those uses; with the approval of the director of	26407
natural resources and the controlling board, to transfer	26408
appropriated or other funds, authorized for those inventories and	26409
plan, to any division of the department of natural resources or	26410
other state agencies for the purpose of developing pertinent data	26411
relating to the plan of water management; and to accept and expend	26412
moneys contributed by any person for implementing the development	26413
of the plan;	26414

(C) Have authority to make detailed investigations of all	26415
factors relating to floods, floodplain management, and flood	26416
control in the state with particular attention to those factors	26417
bearing upon the hydraulic and hydrologic characteristics of	26418
rivers, streams, and watercourses, recognizing the variety of uses	26419
to which water and watercourses may be put;	26420

(D) Cooperate with the United States or any agency thereof	26421
and with any political subdivision of the state in planning and	26422
constructing flood control works;	26423

(E) Hold meetings or public hearings, whichever is considered	26424
appropriate by the chief, to assist in the resolution of conflicts	26425
between ground water users. Such meetings or hearings shall be	26426
called upon written request from boards of health of city or	26427
general health districts created by or under the authority of	26428
Chapter 3709. of the Revised Code or authorities having the duties	26429
of a board of health as authorized by section 3709.05 of the	26430
Revised Code, boards of county commissioners, boards of township	26431
trustees, legislative authorities of municipal corporations, or	26432
boards of directors of conservancy districts and may be called by	26433
the chief upon the request of any other person or at the chief's	26434
discretion. The chief shall collect and present at such meetings	26435
or hearings the available technical information relevant to the	26436
conflicts and to the ground water resource. The chief shall	26437
prepare a report, and may make recommendations, based upon the	26438
available technical data and the record of the meetings or	26439
hearings, about the use of the ground water resource. In making	26440
the report and any recommendations, the chief also may consider	26441
the factors listed in division (B) of section 1521.17 of the	26442
Revised Code. The technical information presented, the report	26443
prepared, and any recommendations made under this division shall	26444
be presumed to be prima-facie authentic and admissible as evidence	26445
in any court pursuant to Evidence Rule 902.	26446

(F) Perform stream or ground water gauging and may contract	26447
with the United States government or any other agency for the	26448
gauging of any streams or ground water within the state;	26449

(G) Primarily with regard to water quantity, have authority	26450
to collect, study, map, and interpret all available information,	26451
statistics, and data pertaining to the availability, supply, use,	26452
conservation, and replenishment of the ground and surface waters	26453
in the state in coordination with other agencies of this state;	26454

(H) Primarily with regard to water quantity and availability,	26455
be authorized to cooperate with and negotiate for the state with	26456
any agency of the United States government, of this state, or of	26457
any other state pertaining to the water resources of the state;	26458

(I) Provide engineering support for the coastal management	26459
program established under Chapter 1506. of the Revised Code.	26460

Sec. 1521.031. There is hereby created in the department of	26461
natural resources the Ohio water advisory council. The council	26462
shall consist of seven members appointed by the governor with the	26463
advice and consent of the senate. No more than four of the members	26464
shall be of the same political party. Members shall be persons who	26465
have a demonstrated interest in water management and whose	26466
expertise reflects the various responsibilities of the division of	26467
soil and water resources under this chapter and Chapter 1523. of	26468
the Revised Code, including, but not limited to, dam safety,	26469
surface water, groundwater, and flood plain management. The chief	26470
of the division of soil and water resources may participate in the	26471
deliberations of the council, but shall not vote.	26472

Terms of office of members shall be for two years commencing	26473
on the second day of February and ending on the first day of	26474
February. Each member shall hold office from the date of	26475
appointment until the end of the term for which ~~he was~~ appointed.	26476
The governor may remove any member at any time for inefficiency,	26477
neglect of duty, or malfeasance in office. In the event of the	26478
death, removal, resignation, or incapacity of any member, the	26479
governor, with the advice and consent of the senate, shall appoint	26480
a successor to hold office for the remainder of the term for which	26481
~~his~~the member's predecessor was appointed. Any member shall	26482
continue in office following the expiration date of ~~his~~the	26483
member's term until ~~his~~the member's successor takes office or	26484
until sixty days have elapsed, whichever occurs first. Membership	26485
on the council does not constitute holding a public office or	26486
position of employment under the Revised Code and is not grounds	26487
for removal of public officers or employees from their offices or	26488
positions of employment.	26489

The council annually shall select from its members a ~~chairman~~	26490
chairperson and a ~~vice-chairman~~vice-chairperson. The council	26491
shall hold at least one meeting each calendar quarter and shall	26492
keep a record of its proceedings, which shall be open to the	26493
public for inspection. Special meetings may be called by the	26494
~~chairman~~chairperson and shall be called upon the written request	26495
of two or more members. A majority of the members constitutes a	26496
quorum. The division shall furnish clerical, technical, legal, and	26497
other services required by the council in the performance of its	26498
duties.	26499

Members shall receive no compensation, but shall be	26500
reimbursed from the appropriations for the division for the actual	26501
and necessary expenses incurred by them in the performance of	26502
their official duties.	26503

The council shall:

26504

(A) Advise the chief of the division of soil and water	26505
resources in carrying out the duties of the division under this	26506
chapter and Chapter 1523. of the Revised Code;	26507

(B) Recommend such policy and legislation with respect to	26508
water management and conservation as will promote the economic,	26509
industrial, and social development of the state while minimizing	26510
threats to the state's natural environment;	26511

(C) Review and make recommendations on the development of	26512
plans and programs for long-term, comprehensive water management	26513
throughout the state; and	26514

(D) Recommend ways to enhance cooperation among governmental	26515
agencies having an interest in water to encourage wise use and	26516
protection of the state's ground and surface waters. To this end,	26517
the council shall request nonvoting representation from	26518
appropriate governmental agencies.	26519

Sec. 1521.04. The chief of the division of soil and water	26520
resources, with the approval of the director of natural resources,	26521
may make loans and grants from the water management fund created	26522
in section 1501.32 of the Revised Code to governmental agencies	26523
for water management, water supply improvements, and planning and	26524
may administer grants from the federal government and from other	26525
public or private sources for carrying out those functions and for	26526
the performance of any acts that may be required by the United	26527
States or by any agency or department thereof as a condition for	26528
the participation by any governmental agency in any federal	26529
financial or technical assistance program. Direct and indirect	26530
costs of administration may be paid from the fund.	26531

The chief may use the water management fund for the purposes	26532
of administering the water diversion and consumptive use permit	26533
programs established in sections 1501.30 to 1501.35 of the Revised	26534
Code; to perform watershed and water resources studies for the	26535
purposes of water management planning; and to acquire, construct,	26536
reconstruct, improve, equip, maintain, operate, and dispose of	26537
water management improvements. The chief may fix, alter, charge,	26538
and collect rates, fees, rentals, and other charges to be paid	26539
into the fund by governmental agencies and persons who are	26540
supplied with water by facilities constructed or operated by the	26541
department of natural resources in order to amortize and defray	26542
the cost of the construction, maintenance, and operation of those	26543
facilities.	26544

Sec. 1521.05. (A) As used in this section:

26545

(1) "Construct" or "construction" includes drilling, boring,	26546
digging, deepening, altering, and logging.	26547

(2) "Altering" means changing the configuration of a well,	26548
including, without limitation, deepening a well, extending or	26549
replacing any portion of the inside or outside casing or wall of a	26550
well that extends below ground level, plugging a portion of a well	26551
back to a certain depth, and reaming out a well to enlarge its	26552
original diameter.	26553

(3) "Logging" means describing the lithology, grain size,	26554
color, and texture of the formations encountered during the	26555
drilling, boring, digging, deepening, or altering of a well.	26556

(4) "Grouting" means neat cement; bentonite products in	26557
slurry, granular, or pelletized form, excluding drilling mud or	26558
fluids; or any combination of neat cement and bentonite products	26559
that is placed within a well to seal the annular space or to seal	26560
an abandoned well and that is impervious to and capable of	26561
preventing the movement of water.	26562

(5) "Abandoned well" means a well whose use has been	26563
permanently discontinued and that poses potential health and	26564
safety hazards or that has the potential to transmit surface	26565
contaminants into the aquifer in which the well has been	26566
constructed.	26567

(6) "Sealing" means the complete filling of an abandoned well	26568
with grouting or other approved materials in order to permanently	26569
prevent the vertical movement of water in the well and thus	26570
prevent the contamination of ground water or the intermixing of	26571
water between aquifers.	26572

(B) Any person that constructs a well shall keep a careful	26573
and accurate log of the construction of the well. The log shall	26574
show all of the following:	26575

(1) The character, including, without limitation, the	26576
lithology, color, texture, and grain size, the name, if known, and	26577
the depth of all formations passed through or encountered;	26578

(2) The depths at which water is encountered;

26579

(3) The static water level of the completed well;

26580

(4) A copy of the record of all pumping tests and analyses	26581
related to those tests, if any;	26582

(5) Construction details, including lengths, diameters, and	26583
thicknesses of casing and screening and the volume, type of	26584
material, and method of introducing gravel packing and grouting	26585
into the well;	26586

(6) The type of pumping equipment installed, if any;

26587

(7) The name of the owner of the well, the address of the	26588
location where the well was constructed, and either the state	26589
plane coordinates or the latitude and longitude of the well;	26590

(8) The signature of the individual who constructed the well	26591
and filed the well log;	26592

(9) Any other information required by the chief of the	26593
division of soil and water resources.	26594

The log shall be ~~furnished to~~filed with the division of soil	26595
and water resources within thirty days after the completion of	26596
construction of the well on forms prescribed and prepared by the	26597
division. The log shall be kept on file by the division.	26598

(C) Any person that seals a well shall keep a careful and	26599
accurate report of the sealing of the well. The sealing report	26600
shall show all of the following:	26601

(1) The name of the owner of the well, the address of the	26602
location where the well was constructed, and either the state	26603
plane coordinates or the latitude and longitude of the well;	26604

(2) The depth of the well, the size and length of its casing,	26605
and the static water level of the well;	26606

(3) The sealing procedures, including the volume and type of	26607
sealing material or materials and the method and depth of	26608
placement of each material;	26609

(4) The date on which the sealing was performed;

26610

(5) The signature of the individual who sealed the well and	26611
filed the sealing report;	26612

(6) Any other information required by the chief.

26613

The sealing report shall be ~~furnished to~~filed with the	26614
division within thirty days after the completion of the sealing of	26615
the well on forms prescribed and prepared by the division.	26616

(D) In accordance with Chapter 119. of the Revised Code, the	26617
chief may adopt, amend, and rescind rules requiring other persons	26618
that are involved in the construction or subsequent development of	26619
a well to submit well logs under division (B) of this section	26620
containing any or all of the information specified in divisions	26621
(B)(1) to (9) of this section and specifying additional	26622
information to be included in sealing reports required under	26623
division (C) of this section. The chief shall adopt rules	26624
establishing procedures and requirements governing the payment and	26625
collection of water well log filing fees, including the amount of	26626
any filing fee to be imposed as an alternative to the	26627
twenty-dollar filing fee established in division (G) of this	26628
section and including procedures for the quarterly transfer of	26629
filing fees by boards of health and the director of environmental	26630
protection under that division.	26631

(E)(1) No person shall fail to keep and ~~submit~~file a well	26632
log or a sealing report as required by this section.	26633

(2) No person shall make a false statement in any well log or	26634
sealing report required to be kept and ~~submitted~~filed under this	26635
section. Violation of division (E)(2) of this section is	26636
falsification under section 2921.13 of the Revised Code.	26637

(F) For the purposes of prosecution of a violation of	26638
division (E)(1) of this section, a prima-facie case is established	26639
when the division obtains either of the following:	26640

(1) A certified copy of a permit for a private water system	26641
issued in accordance with rules adopted under section 3701.344 of	26642
the Revised Code, or a certified copy of the invoice or a canceled	26643
check from the owner of a well indicating the construction or	26644
sealing services performed;	26645

(2) A certified copy of any permit issued under Chapter 3734.	26646
or 6111. of the Revised Code or plan approval granted under	26647
Chapter 6109. of the Revised Code for any activity that includes	26648
the construction or sealing of a well as applicable.	26649

(G) In accordance with rules adopted under this section, a	26650
person or entity that constructs a well for the purpose of	26651
extracting potable water as part of a private water system that	26652
is subject to rules adopted under section 3701.344 of the Revised	26653
Code or a public water system that is required to be licensed	26654
under Chapter 6109. of the Revised Code shall pay a well log	26655
filing fee of twenty dollars per well log or, if the chief has	26656
adopted rules establishing an alternative fee amount, the fee	26657
amount established under rules. The fee shall be collected by a	26658
board of health under section 3701.344 of the Revised Code or the	26659
environmental protection agency under section 6109.22 of the	26660
Revised Code, as applicable.	26661

Each calendar quarter, a board of health or the environmental	26662
protection agency, as applicable, shall forward all well log	26663
filing fees collected during the previous calendar quarter to the	26664
division of soil and water resources. The fees shall be forwarded	26665
in accordance with procedures established in rules adopted under	26666
this section.	26667

Proceeds of well log filing fees shall be used by the	26668
division of soil and water resources for the purposes of	26669
acquiring, maintaining, and dispensing digital and paper records	26670
of well logs that are filed with the division.	26671

Sec. 1521.06. (A) No dam may be constructed for the purpose	26672
of storing, conserving, or retarding water, or for any other	26673
purpose, nor shall any levee be constructed for the purpose of	26674
diverting or retaining flood water, unless the person or	26675
governmental agency desiring the construction has a construction	26676
permit for the dam or levee issued by the chief of the division of	26677
soil and water resources.	26678

A construction permit is not required under this section for:

26679

(1) A dam that is or will be less than ten feet in height and	26680
that has or will have a storage capacity of not more than fifty	26681
acre-feet at the elevation of the top of the dam, as determined by	26682
the chief. For the purposes of this section, the height of a dam	26683
shall be measured from the natural stream bed or lowest ground	26684
elevation at the downstream or outside limit of the dam to the	26685
elevation of the top of the dam.	26686

(2) A dam, regardless of height, that has or will have a	26687
storage capacity of not more than fifteen acre-feet at the	26688
elevation of the top of the dam, as determined by the chief;	26689

(3) A dam, regardless of storage capacity, that is or will be	26690
six feet or less in height, as determined by the chief;	26691

(4) A dam or levee that belongs to a class exempted by the	26692
chief;	26693

(5) The repair, maintenance, improvement, alteration, or	26694
removal of a dam or levee that is subject to section 1521.062 of	26695
the Revised Code, unless the construction constitutes an	26696
enlargement or reconstruction of the structure as determined by	26697
the chief;	26698

(6) A dam or impoundment constructed under Chapter 1513. of	26699
the Revised Code.	26700

(B) Before a construction permit may be issued, three copies	26701
of the plans and specifications, including a detailed cost	26702
estimate, for the proposed construction, prepared by a registered	26703
professional engineer, together with the filing fee specified by	26704
this section and the bond or other security required by section	26705
1521.061 of the Revised Code, shall be filed with the chief. The	26706
detailed estimate of the cost shall include all costs associated	26707
with the construction of the dam or levee, including supervision	26708
and inspection of the construction by a registered professional	26709
engineer. The filing fee shall be based on the detailed cost	26710
estimate for the proposed construction as filed with and approved	26711
by the chief, and shall be determined by the following schedule	26712
unless otherwise provided by rules adopted under this section:	26713

(1) For the first one hundred thousand dollars of estimated	26714
cost, a fee of four per cent;	26715

(2) For the next four hundred thousand dollars of estimated	26716
cost, a fee of three per cent;	26717

(3) For the next five hundred thousand dollars of estimated	26718
cost, a fee of two per cent;	26719

(4) For all costs in excess of one million dollars, a fee of	26720
one-half of one per cent.	26721

In no case shall the filing fee be less than one thousand	26722
five hundred dollars or more than ~~one~~five hundred thousand	26723
dollars. If the actual cost exceeds the estimated cost by more	26724
than fifteen per cent, an additional filing fee shall be required	26725
equal to the fee determined by the preceding schedule less the	26726
original filing fee. All fees collected pursuant to this section,	26727
and all fines collected pursuant to section 1521.99 of the Revised	26728
Code, shall be deposited in the state treasury to the credit of	26729
the dam safety fund, which is hereby created. Expenditures from	26730
the fund shall be made by the chief for the purpose of	26731
administering this section and sections 1521.061 and 1521.062 of	26732
the Revised Code.	26733

(C) The chief shall, within thirty days from the date of the	26734
receipt of the application, fee, and bond or other security, issue	26735
or deny a construction permit for the construction or may issue a	26736
construction permit conditioned upon the making of such changes in	26737
the plans and specifications for the construction as the chief	26738
considers advisable if the chief determines that the construction	26739
of the proposed dam or levee, in accordance with the plans and	26740
specifications filed, would endanger life, health, or property.	26741

(D) The chief may deny a construction permit after finding	26742
that a dam or levee built in accordance with the plans and	26743
specifications would endanger life, health, or property, because	26744
of improper or inadequate design, or for such other reasons as the	26745
chief may determine.	26746

In the event the chief denies a permit for the construction	26747
of the dam or levee, or issues a permit conditioned upon a making	26748
of changes in the plans or specifications for the construction,	26749
the chief shall state the reasons therefor and so notify, in	26750
writing, the person or governmental agency making the application	26751
for a permit. If the permit is denied, the chief shall return the	26752
bond or other security to the person or governmental agency making	26753
application for the permit.	26754

The decision of the chief conditioning or denying a	26755
construction permit is subject to appeal as provided in Chapter	26756
119. of the Revised Code. A dam or levee built substantially at	26757
variance from the plans and specifications upon which a	26758
construction permit was issued is in violation of this section.	26759
The chief may at any time inspect any dam or levee, or site upon	26760
which any dam or levee is to be constructed, in order to determine	26761
whether it complies with this section.	26762

(E) A registered professional engineer shall inspect the	26763
construction for which the permit was issued during all phases of	26764
construction and shall furnish to the chief such regular reports	26765
of the engineer's inspections as the chief may require. When the	26766
chief finds that construction has been fully completed in	26767
accordance with the terms of the permit and the plans and	26768
specifications approved by the chief, the chief shall approve the	26769
construction. When one year has elapsed after approval of the	26770
completed construction, and the chief finds that within this	26771
period no fact has become apparent to indicate that the	26772
construction was not performed in accordance with the terms of the	26773
permit and the plans and specifications approved by the chief, or	26774
that the construction as performed would endanger life, health, or	26775
property, the chief shall release the bond or other security. No	26776
bond or other security shall be released until one year after	26777
final approval by the chief, unless the dam or levee has been	26778
modified so that it will not retain water and has been approved as	26779
nonhazardous after determination by the chief that the dam or	26780
levee as modified will not endanger life, health, or property.	26781

(F) When inspections required by this section are not being	26782
performed, the chief shall notify the person or governmental	26783
agency to which the permit has been issued that inspections are	26784
not being performed by the registered professional engineer and	26785
that the chief will inspect the remainder of the construction.	26786
Thereafter, the chief shall inspect the construction and the cost	26787
of inspection shall be charged against the owner. Failure of the	26788
registered professional engineer to submit required inspection	26789
reports shall be deemed notice that the engineer's inspections are	26790
not being performed.	26791

(G) The chief may order construction to cease on any dam or	26792
levee that is being built in violation of this section, and may	26793
prohibit the retention of water behind any dam or levee that has	26794
been built in violation of this section. The attorney general,	26795
upon written request of the chief, may bring an action for an	26796
injunction against any person who violates this section or to	26797
enforce an order or prohibition of the chief made pursuant to this	26798
section.	26799

(H) The chief may adopt rules in accordance with Chapter 119.	26800
of the Revised Code, for the design and construction of dams and	26801
levees for which a construction permit is required by this section	26802
or for which periodic inspection is required by section 1521.062	26803
of the Revised Code, for establishing a filing fee schedule in	26804
lieu of the schedule established under division (B) of this	26805
section and for establishing the minimum and maximum amounts of a	26806
filing fee in lieu of the amounts established in that division,	26807
for deposit and forfeiture of bonds and other securities required	26808
by section 1521.061 of the Revised Code, for the periodic	26809
inspection, operation, repair, improvement, alteration, or removal	26810
of all dams and levees, as specified in section 1521.062 of the	26811
Revised Code, and for establishing classes of dams or levees that	26812
are exempt from the requirements of this section and section	26813
1521.062 of the Revised Code as being of a size, purpose, or	26814
situation that does not present a substantial hazard to life,	26815
health, or property. The chief may, by rule, limit the period	26816
during which a construction permit issued under this section is	26817
valid. The rules may allow for the extension of the period during	26818
which a permit is valid upon written request, provided that the	26819
written request includes a revised construction cost estimate, and	26820
may require the payment of an additional filing fee for the	26821
requested extension. If a construction permit expires without an	26822
extension before construction is completed, the person or agency	26823
shall apply for a new permit, and shall not continue construction	26824
until the new permit is issued.	26825

Sec. 1521.061. Except as otherwise provided in this section,	26826
a construction permit shall not be issued under section 1521.06 of	26827
the Revised Code unless the person or governmental agency applying	26828
for the permit executes and files a surety bond conditioned on	26829
completion of the dam or levee in accordance with the terms of	26830
the permit and the plans and specifications approved by the chief	26831
of the division of soil and water resources, in an amount equal	26832
to fifty per cent of the estimated cost of the project.	26833

If a permittee requests an extension of the time period	26834
during which a construction permit is valid in accordance with	26835
rules adopted under section 1521.06 of the Revised Code, the chief	26836
shall determine whether the revised construction cost estimate	26837
provided with the request exceeds the original construction cost	26838
estimate that was filed with the chief by more than twenty-five	26839
per cent. If the revised construction cost estimate exceeds the	26840
original construction cost estimate by more than twenty-five per	26841
cent, the chief may require an additional surety bond to be filed	26842
so that the total amount of the surety bonds equals at least fifty	26843
per cent of the revised construction cost estimate.	26844

The chief shall not approve any bond until it is personally	26845
signed and acknowledged by both principal and surety, or as to	26846
either by the attorney in fact thereof, with a certified copy of	26847
the power of attorney attached. The chief shall not approve the	26848
bond unless there is attached a certificate of the superintendent	26849
of insurance that the company is authorized to transact a fidelity	26850
and surety business in this state.	26851

All bonds shall be given in a form prescribed by the chief	26852
and shall run to the state as obligee.	26853

The applicant may deposit, in lieu of a bond, cash in an	26854
amount equal to the amount of the bond or United States government	26855
securities or negotiable certificates of deposit issued by any	26856
bank organized or transacting business in this state having a par	26857
value equal to or greater than the amount of the bond. Such cash	26858
or securities shall be deposited upon the same terms as bonds. If	26859
one or more certificates of deposit are deposited in lieu of a	26860
bond, the chief shall require the bank that issued any such	26861
certificate to pledge securities of the aggregate market value	26862
equal to the amount of the certificate that is in excess of the	26863
amount insured by the federal deposit insurance corporation. The	26864
securities to be pledged shall be those designated as eligible	26865
under section 135.18 of the Revised Code. The securities shall be	26866
security for the repayment of the certificate of deposit.	26867

Immediately upon a deposit of cash, securities, or	26868
certificates of deposit, the chief shall deliver them to the	26869
treasurer of state, who shall hold them in trust for the purposes	26870
for which they have been deposited. The treasurer of state is	26871
responsible for the safekeeping of such deposits. An applicant	26872
making a deposit of cash, securities, or certificates of deposit	26873
may withdraw and receive from the treasurer of state, on the	26874
written order of the chief, all or any portion of the cash,	26875
securities, or certificates of deposit, upon depositing with the	26876
treasurer of state cash, other United States government	26877
securities, or negotiable certificates of deposit issued by any	26878
bank organized or transacting business in this state equal in par	26879
value to the par value of the cash, securities, or certificates of	26880
deposit withdrawn. An applicant may demand and receive from the	26881
treasurer of state all interest or other income from any such	26882
securities or certificates as it becomes due. If securities so	26883
deposited with and in the possession of the treasurer of state	26884
mature or are called for payment by the issuer thereof, the	26885
treasurer of state, at the request of the applicant who deposited	26886
them, shall convert the proceeds of the redemption or payment of	26887
the securities into such other United States government	26888
securities, negotiable certificates of deposit issued by any bank	26889
organized or transacting business in this state, or cash as the	26890
applicant designates.	26891

When the chief finds that a person or governmental agency has	26892
failed to comply with the conditions of the person's or agency's	26893
bond, the chief shall make a finding of that fact and declare the	26894
bond, cash, securities, or certificates of deposit forfeited in	26895
the amount set by rule of the chief. The chief shall thereupon	26896
certify the total forfeiture to the attorney general, who shall	26897
proceed to collect that amount.	26898

In lieu of total forfeiture, the surety, at its option, may	26899
cause the dam or levee to be completed as required by section	26900
1521.06 of the Revised Code and rules of the chief, or otherwise	26901
rendered nonhazardous, or pay to the treasurer of state the cost	26902
thereof.	26903

All moneys collected on account of forfeitures of bonds,	26904
cash, securities, and certificates of deposit under this section	26905
shall be credited to the dam safety fund created in section	26906
1521.06 of the Revised Code. The chief shall make expenditures	26907
from the fund to complete dams and levees for which bonds have	26908
been forfeited or to otherwise render them nonhazardous.	26909

Expenditures from the fund for those purposes shall be made	26910
pursuant to contracts entered into by the chief with persons who	26911
agree to furnish all of the materials, equipment, work, and labor	26912
as specified and provided in the contract.	26913

A surety bond shall not be required for a permit for a dam or	26914
levee that is to be designed and constructed by an agency of the	26915
United States government, if the agency files with the chief	26916
written assurance of the agency's financial responsibility for the	26917
structure during the one-year period following the chief's	26918
approval of the completed construction provided for under division	26919
(E) of section 1521.06 of the Revised Code.	26920

Sec. 1521.062. (A) All dams and levees constructed in this	26921
state and not exempted by this section or by the chief of the	26922
division of soil and water resources under section 1521.06 of the	26923
Revised Code shall be inspected periodically by the chief, except	26924
for classes of dams that, in accordance with rules adopted under	26925
this section, are required to be inspected by registered	26926
professional engineers who have been approved for that purpose by	26927
the chief. The inspection shall ensure that continued operation	26928
and use of the dam or levee does not constitute a hazard to life,	26929
health, or property. Periodic inspections shall not be required of	26930
the following structures:	26931

(1) A dam that is less than ten feet in height and has a	26932
storage capacity of not more than fifty acre-feet at the elevation	26933
of the top of the dam, as determined by the chief. For the	26934
purposes of this section, the height of a dam shall be measured	26935
from the natural stream bed or lowest ground elevation at the	26936
downstream or outside limit of the dam to the elevation of the top	26937
of the dam.	26938

(2) A dam, regardless of height, that has a storage capacity	26939
of not more than fifteen acre-feet at the elevation of the top of	26940
the dam, as determined by the chief;	26941

(3) A dam, regardless of storage capacity, that is six feet	26942
or less in height, as determined by the chief;	26943

(4) A dam or levee belonging to a class exempted by the	26944
chief;	26945

(5) A dam or levee that has been exempted in accordance with	26946
rules adopted under section 1521.064 of the Revised Code.	26947

(B) In accordance with rules adopted under this section, the	26948
owner of a dam that is in a class of dams that is designated in	26949
the rules for inspection by registered professional engineers	26950
shall obtain the services of a registered professional engineer	26951
who has been approved by the chief to conduct the periodic	26952
inspection of dams pursuant to schedules and other standards and	26953
procedures established in the rules. The registered professional	26954
engineer shall prepare a report of the inspection in accordance	26955
with the rules and provide the inspection report to the dam owner	26956
who shall submit it to the chief. A dam that is designated under	26957
the rules for inspection by a registered professional engineer,	26958
but that is not inspected within a five-year period may be	26959
inspected by the chief at the owner's expense.	26960

(C) Intervals between periodic inspections shall be	26961
determined by the chief, but shall not exceed five years.	26962

(D) In the case of a dam or levee that the chief inspects,	26963
the chief shall furnish a report of the inspection to the owner of	26964
the dam or levee. With regard to a dam or levee that has been	26965
inspected, either by the chief or by a registered professional	26966
engineer, and that is the subject of an inspection report prepared	26967
or received by the chief, the chief shall inform the owner of any	26968
required repairs, maintenance, investigations, and other remedial	26969
and operational measures. The chief shall order the owner to	26970
perform such repairs, maintenance, investigations, or other	26971
remedial or operational measures as the chief considers necessary	26972
to safeguard life, health, or property. The order shall permit the	26973
owner a reasonable time in which to perform the needed repairs,	26974
maintenance, investigations, or other remedial measures, and the	26975
cost thereof shall be borne by the owner. All orders of the chief	26976
are subject to appeal as provided in Chapter 119. of the Revised	26977
Code. The attorney general, upon written request of the chief, may	26978
bring an action for an injunction against any person who violates	26979
this section or to enforce an order of the chief made pursuant to	26980
this section.	26981

(E) The owner of a dam or levee shall monitor, maintain, and	26982
operate the structure and its appurtenances safely in accordance	26983
with state rules, terms and conditions of permits, orders, and	26984
other requirements issued pursuant to this section or section	26985
1521.06 of the Revised Code. The owner shall fully and promptly	26986
notify the division of soil and water resources and other	26987
responsible authorities of any condition that threatens the safety	26988
of the structure and shall take all necessary actions to safeguard	26989
life, health, and property.	26990

(F) Before commencing the repair, improvement, alteration, or	26991
removal of a dam or levee, the owner shall file an application	26992
including plans, specifications, and other required information	26993
with the division and shall secure written approval of the	26994
application by the chief. Emergency actions by the owner required	26995
to safeguard life, health, or property are exempt from this	26996
requirement. The chief may, by rule, define maintenance, repairs,	26997
or other remedial measures of a routine nature that are exempt	26998
from this requirement.	26999

(G) The chief may remove or correct, at the expense of the	27000
owner, any unsafe structures found to be constructed or maintained	27001
in violation of this section or section 1521.06 of the Revised	27002
Code. In the case of an owner other than a governmental agency,	27003
the cost of removal or correction of any unsafe structure,	27004
together with a description of the property on which the unsafe	27005
structure is located, shall be certified by the chief to the	27006
county auditor and placed by the county auditor upon the tax	27007
duplicate. This cost is a lien upon the lands from the date of	27008
entry and shall be collected as other taxes and returned to the	27009
division. In the case of an owner that is a governmental agency,	27010
the cost of removal or correction of any unsafe structure shall be	27011
recoverable from the owner by appropriate action in a court of	27012
competent jurisdiction.	27013

(H) If the condition of any dam or levee is found, in the	27014
judgment of the chief, to be so dangerous to the safety of life,	27015
health, or property as not to permit time for the issuance and	27016
enforcement of an order relative to repair, maintenance, or	27017
operation, the chief shall employ any of the following remedial	27018
means necessary to protect life, health, and property:	27019

(1) Lower the water level of the lake or reservoir by	27020
releasing water;	27021

(2) Completely drain the lake or reservoir;

27022

(3) Take such other measures or actions as the chief	27023
considers necessary to safeguard life, health, and property.	27024

The chief shall continue in full charge and control of the	27025
dam or levee until the structure is rendered safe. The cost of the	27026
remedy shall be recoverable from the owner of the structure by	27027
appropriate action in a court of competent jurisdiction.	27028

(I) The chief may accept and expend gifts, bequests, and	27029
grants from the United States government or from any other public	27030
or private source and may contract with the United States	27031
government or any other agency or entity for the purpose of	27032
carrying out the dam safety functions set forth in this section	27033
and section 1521.06 of the Revised Code.	27034

(J) In accordance with Chapter 119. of the Revised Code, the	27035
chief may adopt, and may amend or rescind, rules that do all of	27036
the following:	27037

(1) Designate classes of dams for which dam owners must	27038
obtain the services of a registered professional engineer to	27039
periodically inspect the dams and to prepare reports of the	27040
inspections for submittal to the chief;	27041

(2) Establish standards in accordance with which the chief	27042
must approve or disapprove registered professional engineers to	27043
inspect dams together with procedures governing the approval	27044
process;	27045

(3) Establish schedules, standards, and procedures governing	27046
periodic inspections and standards and procedures governing the	27047
preparation and submittal of inspection reports;	27048

(4) Establish provisions regarding the enforcement of this	27049
section and rules adopted under it.	27050

(K) The owner of a dam or levee shall notify the chief in	27051
writing of a change in ownership of the dam or levee prior to the	27052
exchange of the property.	27053

Sec. 1521.063. (A) Except for the federal government, the	27054
owner of ~~any~~a dam, that is classified as a class I, class II, or	27055
class III dam under rules adopted under section 1521.06 of the	27056
Revised Code and subject to section 1521.062 of the Revised Code	27057
shall pay an annual fee, based upon the height of the dam, the	27058
linear foot length of the dam, and the per-acre foot of volume of	27059
water impounded by the dam. The fee shall be paid to the division	27060
of soil and water ~~on or before June 30, 1988, and~~resources on or	27061
before the thirtieth day of June of each ~~succeeding~~ year. The	27062
annual fee shall be as follows until otherwise provided by rules	27063
adopted under this section:	27064

(1) For any dam classified as a class I dam under rules	27065
adopted by the chief of the division of soil and water resources	27066
under section 1521.06 of the Revised Code, ~~thirty~~three hundred	27067
dollars plus ten dollars per foot of height of dam, five cents	27068
per foot of length of the dam and five cents per-acre foot of	27069
water impounded by the dam;	27070

(2) For any dam classified as a class II dam under those	27071
rules, ~~thirty~~ninety dollars plus ~~one dollar~~six dollars per foot	27072
of height of dam, five cents per foot of length of the dam and	27073
five cents per-acre foot of water impounded by the dam;	27074

(3) For any dam classified as a class III dam under those	27075
rules, ~~thirty~~ninety dollars plus four dollars per foot of height	27076
of the dam, five cents per foot of length of the dam, and five	27077
cents per-acre foot of volume of water impounded by the dam.	27078

For purposes of this section, the height of a dam is the	27079
vertical height, to the nearest foot, as determined by the	27080
division under section 1521.062 of the Revised Code.	27081

All fees collected under this section shall be deposited in	27082
the dam safety fund created in section 1521.06 of the Revised	27083
Code. Any owner who fails to pay any annual fee required by this	27084
section within sixty days after the due date shall be assessed a	27085
penalty of ten per cent of the annual fee plus interest at the	27086
rate of one-half per cent per month from the due date until the	27087
date of payment.	27088

There is hereby created the compliant dam discount program	27089
to be administered by the chief. Under the program, the chief may	27090
reduce the amount of the annual fee that an owner of a dam is	27091
required to pay under division (A)(1), (2), or (3) of this	27092
section if the owner is in compliance with section 1521.062 of	27093
the Revised Code and has developed an emergency action plan	27094
pursuant to standards established in rules adopted under this	27095
section. The chief shall not discount an annual fee by more than	27096
twenty-five per cent of the total annual fee that is due. In	27097
addition, the chief shall not discount the annual fee that is due	27098
from the owner of a dam who has been assessed a penalty under this	27099
section.	27100

(B) The chief shall, in accordance with Chapter 119. of the	27101
Revised Code and subject to the prior approval of the director of	27102
natural resources, adopt, and may amend or rescind, rules for the	27103
collection of fees and the administration, implementation, and	27104
enforcement of this section and for the establishment of an	27105
annual fee schedule in lieu of the schedule established ~~under~~in	27106
division (A) of this section.	27107

(C)(1) No person, political subdivision, or state	27108
governmental agency shall violate or fail to comply with this	27109
section or any rule or order adopted or issued under it.	27110

(2) The attorney general, upon written request of the chief,	27111
may commence an action against any such violator. Any action under	27112
division (C)(2) of this section is a civil action.	27113

(D) As used in this section, "political subdivision" includes	27114
townships, municipal corporations, counties, school districts,	27115
municipal universities, park districts, sanitary districts, and	27116
conservancy districts and subdivisions thereof.	27117

Sec. 1521.064. The chief of the division of soil and water	27118
resources, in accordance with Chapter 119. of the Revised Code,	27119
shall adopt, and may amend and rescind, rules establishing a	27120
program under which dams and levees may be exempted from	27121
inspections under section 1521.062 of the Revised Code if the	27122
continued operation and use of, and any rupturing of or other	27123
structural damage to, the dams and levees will not constitute a	27124
hazard to life, health, or property. The rules shall establish,	27125
without limitation, all of the following:	27126

(A) A procedure by which the owner of such a dam or levee may	27127
apply for an exemption under this section;	27128

(B) The standards that a dam or levee shall meet in order to	27129
be exempted under this section;	27130

(C) A procedure by which the chief shall periodically review	27131
the status of a dam or levee that has been exempted under this	27132
section to determine if the exemption should be rescinded;	27133

(D) A requirement that the owner of any dam or levee exempted	27134
under this section shall agree, in writing, to accept liability	27135
for any injury, death, or loss to persons or property caused by	27136
the rupturing of or other structural damage to the dam or levee.	27137

Sec. 1521.07. The chief of the division of soil and water	27138
resources or any employee in the service of the division may enter	27139
upon lands to make surveys and inspections in accordance with this	27140
chapter, when necessary in the discharge of the duties enumerated	27141
in this chapter.	27142

Sec. 1521.10. In order to be entitled to the compensation	27143
provided for in section 1521.09 of the Revised Code, the landowner	27144
~~must~~shall have prepared and submit to the division of soil and	27145
water resources complete plans for the dam provided for in such	27146
section. The plans shall have the approval of the chief of the	27147
division of soil and water resources and the dam shall be	27148
constructed in accordance with such plans before compensation can	27149
be claimed.	27150

Sec. 1521.11. Upon the completion of the dam referred to in	27151
section 1521.09 of the Revised Code to the satisfaction of the	27152
division of soil and water resources, it shall certify the	27153
completion and the capacity thereof to the county auditor who	27154
shall thereupon make such reduction in the assessed valuation of	27155
the contiguous landowner as hethe contiguous landowner is	27156
entitled to receive under sections 1521.09 to 1521.12~~, inclusive,~~	27157
of the Revised Code.	27158

Sec. 1521.12. In the event that any dam is constructed	27159
before plans are submitted to and approved by the division of soil	27160
and water resources as required by section 1521.10 of the Revised	27161
Code, the landowner may submit plans of the dam hethe landowner	27162
has built, showing the area of the drainage basin above the dam, a	27163
cross section of the dam site, a cross section, plan, and	27164
elevation of the dam, a map of the spillway, a topographic map of	27165
the reservoir basin, and such other data and information as the	27166
division requires. If the plans receive the approval of the	27167
division, and upon examination the dam is found to be	27168
satisfactorily completed in accordance with such plans, ~~said~~the	27169
division shall certify the completion and capacity thereof to the	27170
county auditor. If the plans fail to meet the requirements of the	27171
division, the owner may submit revised plans, and when such	27172
revised plans have been approved and the dam rebuilt to conform to	27173
such plans, the completion of the dam and its capacity shall then	27174
be certified to the auditor who shall thereupon make such	27175
reduction in the assessed valuation of the contiguous land as such	27176
owner is entitled to receive under sections 1521.09 to 1521.12,	27177
~~inclusive,~~ of the Revised Code.	27178

Sec. 1521.13. (A) Development in one-hundred-year floodplain	27179
areas shall be protected to at least the one-hundred-year flood	27180
level, and flood water conveyance shall be maintained, at a	27181
minimum, in accordance with standards established under the	27182
national flood insurance program. This division does not preclude	27183
a state agency or political subdivision from establishing flood	27184
protection standards that are more restrictive than this division.	27185

(B) Prior to the expenditure of money for or the construction	27186
of buildings, structures, roads, bridges, or other facilities in	27187
locations that may be subject to flooding or flood damage, all	27188
state agencies and political subdivisions shall notify and consult	27189
with the division of soil and water resources and shall furnish	27190
information that the division reasonably requires in order to	27191
avoid the uneconomic, hazardous, or unnecessary use of floodplains	27192
in connection with such facilities.	27193

(C) The chief of the division of soil and water resources	27194
shall do all of the following:	27195

(1) Coordinate the floodplain management activities of state	27196
agencies and political subdivisions with the floodplain management	27197
activities of the United States, including the national flood	27198
insurance program;	27199

(2) Collect, prepare, and maintain technical data and	27200
information on floods and floodplain management and make the data	27201
and information available to the public, state agencies, political	27202
subdivisions, and agencies of the United States;	27203

(3) Cooperate and enter into agreements with persons for the	27204
preparation of studies and reports on floods and floodplain	27205
management;	27206

(4) Assist any county, municipal corporation, or state agency	27207
in developing comprehensive floodplain management programs;	27208

(5) Provide technical assistance to any county, municipal	27209
corporation, or state agency through engineering assistance, data	27210
collection, preparation of model laws, training, and other	27211
activities relating to floodplain management;	27212

(6) For the purpose of reducing damages and the threat to	27213
life, health, and property in the event of a flood, cooperate with	27214
state agencies, political subdivisions, and the United States in	27215
the development of flood warning systems, evacuation plans, and	27216
flood emergency preparedness plans;	27217

(7) Upon request, assist the emergency management agency	27218
established by section 5502.22 of the Revised Code in the	27219
preparation of flood hazard mitigation reports required as a	27220
condition for receiving federal disaster aid under the "Disaster	27221
Relief Act of 1974," 88 Stat. 143, 42 U.S.C.A. 5121, as amended,	27222
and regulations adopted under it;	27223

(8) Adopt, and may amend or rescind, rules in accordance with	27224
Chapter 119. of the Revised Code for the administration,	27225
implementation, and enforcement of this section and sections	27226
1521.14 and 1521.18 of the Revised Code;	27227

(9) Establish, by rule, technical standards for the	27228
delineation and mapping of floodplains and for the conduct of	27229
engineering studies to determine the vertical and horizontal	27230
limits of floodplains and for the assessment of development	27231
impacts on flood heights and flood conveyance. The standards	27232
established in rules adopted under this division shall be	27233
consistent with and no more stringent than the analogous standards	27234
established under the national flood insurance program.	27235

(10) On behalf of the director of natural resources,	27236
administer section 1506.04 of the Revised Code.	27237

In addition to the duties imposed in divisions (C)(1) to (10)	27238
of this section, and with respect to existing publicly owned	27239
facilities that have suffered flood damage or that may be subject	27240
to flood damage, the chief may conspicuously mark past and	27241
probable flood heights in order to assist in creating public	27242
awareness of and knowledge about flood hazards.	27243

(D)(1) Development that is funded, financed, undertaken, or	27244
preempted by state agencies shall comply with division (A) of this	27245
section and with rules adopted under division (C)(9) of this	27246
section.	27247

(2) State agencies shall apply floodproofing measures in	27248
order to reduce potential additional flood damage of existing	27249
publicly owned facilities that have suffered flood damage.	27250

(3) Before awarding funding or financing or granting a	27251
license, permit, or other authorization for a development that is	27252
or is to be located within a one-hundred-year floodplain, a state	27253
agency shall require the applicant to demonstrate to the	27254
satisfaction of the agency that the development will comply with	27255
division (A) of this section, rules adopted under division (C)(9)	27256
of this section, and any applicable local floodplain management	27257
resolution or ordinance.	27258

(4) Prior to the disbursement of any state disaster	27259
assistance money in connection with any incident of flooding to or	27260
within a county or municipal corporation that is not listed by the	27261
chief as being in compliance under division (D)(1) of section	27262
1521.18 of the Revised Code, a state agency that has authority to	27263
disburse such money shall require the county or municipal	27264
corporation to establish or reestablish compliance as provided in	27265
that division.	27266

(E)(1) Subject to section 1521.18 of the Revised Code, a	27267
county or a municipal corporation may do all of the following:	27268

(a) Adopt floodplain maps that reflect the best available	27269
data and that indicate the areas to be regulated under a	27270
floodplain management resolution or ordinance, as applicable;	27271

(b) Develop and adopt a floodplain management resolution or	27272
ordinance, as applicable;	27273

(c) Adopt floodplain management standards that exceed the	27274
standards that are established under the national flood insurance	27275
program.	27276

(2) A county or municipal corporation shall examine and	27277
apply, where economically feasible, floodproofing measures in	27278
order to reduce potential additional flood damage of existing	27279
publicly owned facilities that have suffered flood damage.	27280

(3) A county that adopts a floodplain management resolution	27281
shall do so in accordance with the procedures established in	27282
section 307.37 of the Revised Code. The county may enforce the	27283
resolution by issuing stop work orders, seeking injunctive relief,	27284
or pursuing other civil actions that the county considers	27285
necessary to ensure compliance with the resolution. In addition,	27286
failure to comply with the floodplain management resolution	27287
constitutes a violation of division (D) of section 307.37 of the	27288
Revised Code.	27289

(4) No action challenging the validity of a floodplain	27290
management resolution adopted by a county or a floodplain	27291
management ordinance adopted by a municipal corporation, or an	27292
amendment to such a resolution or ordinance, because of a	27293
procedural error in the adoption of the resolution, ordinance, or	27294
amendment shall be brought more than two years after the adoption	27295
of the resolution, ordinance, or amendment.	27296

Sec. 1521.14. Upon the written request of the director of	27297
natural resources, the attorney general shall bring an action for	27298
appropriate relief in a court of competent jurisdiction against	27299
any development that is not in compliance with the standards of	27300
the national flood insurance program and that is one of the	27301
following:	27302

(A) Located in a county or municipal corporation that is not	27303
listed by the chief of the division of soil and water resources as	27304
being in compliance under division (D)(1) of section 1521.18 of	27305
the Revised Code;	27306

(B) Funded, financed, undertaken, or preempted by a state	27307
agency.	27308

Sec. 1521.15. (A) The chief of the division of soil and	27309
water resources shall develop and maintain, in cooperation with	27310
local, state, federal, and private agencies and entities, a water	27311
resources inventory for the collection, interpretation, storage,	27312
retrieval, exchange, and dissemination of information concerning	27313
the water resources of this state, including, but not limited to,	27314
information on the location, type, quantity, and use of those	27315
resources and the location, type, and quantity of consumptive use	27316
and diversion of the water resources. The water resources	27317
inventory also shall include, without limitation, information to	27318
assist in determining the reasonableness of water use and sharing	27319
under common law, promoting reasonable use and development of	27320
water resources, and resolving water use conflicts.	27321

All agencies of the state shall cooperate with the chief in	27322
the development and maintenance of the inventory.	27323

(B) The chief shall cooperate with the other great lakes	27324
states and provinces to develop a common base of data regarding	27325
the management of the water resources of the Lake Erie drainage	27326
basin and to establish systematic arrangements for the exchange of	27327
those data.	27328

~~(C) The chief shall prepare and present to the governor no~~	27329
~~later than September 1, 1998, a long-term water resources plan for~~	27330
~~the protection, conservation, and management of the water~~	27331
~~resources of the Lake Erie drainage basin. The plan shall include,~~	27332
~~without limitation, all of the following:~~	27333

~~(1) An inventory of surface and ground water resources;~~

27334

~~(2) Identification and assessment of existing uses and future~~	27335
~~demand for all of the following:~~	27336

~~(a) Withdrawal of water resources for domestic, agricultural,~~	27337
~~manufacturing, mining, navigation, power production, recreation,~~	27338
~~fish and wildlife, and other uses;~~	27339

~~(b) Diversion;~~

27340

~~(c) Consumptive use.~~

27341

~~(3) Guidelines to minimize consumptive use;~~

27342

~~(4) Guidelines and procedures to coordinate, conserve,~~	27343
~~develop, protect, use, and manage the water resources of the Lake~~	27344
~~Erie drainage basin.~~	27345

Sec. 1521.16. (A) Any person who owns a facility that has	27346
the capacity to withdraw waters of the state in an amount greater	27347
than one hundred thousand gallons per day from all sources and	27348
whose construction is completed before January 1, 1990, shall	27349
register the facility by January 1, 1991, with the chief of the	27350
division of soil and water resources, and any person who owns a	27351
facility that has the capacity to withdraw waters of the state in	27352
such an amount and whose construction is completed on or after	27353
January 1, 1990, shall register the facility with the chief within	27354
three months after the facility is completed. The person shall	27355
register the facility using a form prescribed by the chief that	27356
shall include, without limitation, the name and address of the	27357
registrant and date of registration; the locations and sources of	27358
the facility's water supply; the facility's withdrawal capacity	27359
per day and the amount withdrawn from each source; the uses made	27360
of the water, places of use, and places of discharge; and such	27361
other information as the chief may require by rule.	27362

The registration date of any facility whose construction was	27363
completed prior to January 1, 1990, and that is registered under	27364
this division prior to January 1, 1991, shall be January 1, 1990.	27365
The registration date of any facility whose construction was	27366
completed prior to January 1, 1990, and that is required to	27367
register under this division prior to January 1, 1991, but that is	27368
not registered prior to that date, and the registration date of	27369
any facility whose construction was completed after January 1,	27370
1990, and that is required to register under this division shall	27371
be the date on which the registration is received by the chief.	27372

(B) In accordance with division (D) of this section, the	27373
chief shall adopt rules establishing standards and criteria for	27374
determining when an area of ground water is a ground water stress	27375
area, the geographic limits of such an area, and a threshold	27376
withdrawal capacity for the area below which registration under	27377
this division shall not be required. At any time following the	27378
adoption of those rules, the chief may by order designate an area	27379
of ground water as a ground water stress area and shall establish	27380
in any such order a threshold withdrawal capacity for the area	27381
below which registration under this division shall not be	27382
required.	27383

Following the designation of a ground water stress area, the	27384
chief immediately shall give notice by publication in a newspaper	27385
of general circulation in the designated area that shall include a	27386
map delineating the designated ground water stress area and a	27387
statement of the threshold withdrawal capacity established for the	27388
area below which registration under this division shall not be	27389
required. The notice shall not appear in the legal notices section	27390
of the newspaper. Any person who owns a facility in the designated	27391
ground water stress area that is not registered under division (A)	27392
of this section and that has the capacity to withdraw waters of	27393
the state in an amount greater than the threshold withdrawal	27394
capacity for the area from all sources shall register ~~his~~the	27395
facility with the chief not later than thirty days after	27396
publication of the notice. A person registering a facility under	27397
this division shall do so using a form prescribed by the chief.	27398
The form shall include the information specified in division (A)	27399
of this section.	27400

(C) Any person who owns a facility registered under division	27401
(A) or (B) of this section shall file a report annually with the	27402
chief listing the amount of water withdrawn per day by the	27403
facility, the return flow per day, and any other information the	27404
chief may require by rule. Any person who, under Chapter 6109. of	27405
the Revised Code, provides such information to the Ohio	27406
environmental protection agency is exempt from reporting under	27407
this division. The director of environmental protection shall	27408
provide the chief any such reported information upon ~~his~~ request.	27409

(D) The chief shall adopt, and may amend or rescind, rules in	27410
accordance with Chapter 119. of the Revised Code to carry out this	27411
section.	27412

(E)(1) No person knowingly shall fail to register a facility	27413
or file a report as required under this section.	27414

(2) No person shall file a false report under this section.	27415
Violation of division (E)(2) of this section is falsification	27416
under section 2921.13 of the Revised Code.	27417

(F) At the request of the director of natural resources, the	27418
attorney general may commence a civil action to compel compliance	27419
with this section, in a court of common pleas, against any person	27420
who has violated or is violating division (E)(1) of this section.	27421
The court of common pleas in which a civil action is commenced	27422
under this division has jurisdiction to and shall compel	27423
compliance with this section upon a showing that the person	27424
against whom the action is brought has violated or is violating	27425
that division.	27426

Any action under this division is a civil action, governed by	27427
the rules of civil procedure and other rules of practice and	27428
procedure applicable to civil actions.	27429

Sec. 1521.18. (A) For the purposes of this section, a	27430
one-hundred-year floodplain is limited to an area identified as a	27431
one-hundred-year floodplain in accordance with the "National Flood	27432
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	27433
amended.	27434

(B) Each municipal corporation or county that has within its	27435
boundaries a one-hundred-year floodplain and that adopts a	27436
floodplain management ordinance or resolution or any amendments to	27437
such an ordinance or resolution on or after April 11, 1991, after	27438
adopting the ordinance, resolution, or amendments and before	27439
submitting the ordinance, resolution, or amendments to the federal	27440
emergency management agency for final approval for compliance with	27441
applicable standards adopted under the "National Flood Insurance	27442
Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, shall	27443
submit the ordinance, resolution, or amendments to the chief of	27444
the division of soil and water resources for the chief's review	27445
for compliance with those standards. Within forty-five days after	27446
receiving any such ordinance, resolution, or amendments, the chief	27447
shall complete the review and notify the municipal corporation or	27448
county as to whether the ordinance, resolution, or amendments	27449
comply with those standards. If the chief finds that the	27450
ordinance, resolution, or amendments comply with those standards,	27451
the chief shall forward it or them to the federal emergency	27452
management agency for final approval.	27453

(C)(1) If the chief determines that a county or municipal	27454
corporation that has adopted a floodplain management resolution or	27455
ordinance fails to administer or enforce the resolution or	27456
ordinance, the chief shall send a written notice by certified mail	27457
to the board of county commissioners of the county or the chief	27458
executive officer of the municipal corporation stating the nature	27459
of the noncompliance.	27460

(2) In order to maintain its compliance status in accordance	27461
with division (D) of this section, a county or municipal	27462
corporation that has received a notice of noncompliance under	27463
division (C)(1) of this section may submit information to the	27464
chief not later than thirty days after receiving the notice that	27465
demonstrates compliance or indicates the actions that the county	27466
or municipal corporation is taking to administer or enforce the	27467
resolution or ordinance. The chief shall review the information	27468
and shall issue a final determination by certified mail to the	27469
county or municipal corporation of the compliance or noncompliance	27470
status of the county or municipal corporation. If the chief issues	27471
a final determination of noncompliance, the chief shall send a	27472
copy of that determination to the federal emergency management	27473
agency concurrently with mailing the notice to the municipal	27474
corporation or county.	27475

(D)(1) A county or municipal corporation is considered to be	27476
in compliance for the purposes of this section if either of the	27477
following applies:	27478

(a) The county or municipal corporation has adopted a	27479
floodplain management resolution or ordinance that the chief has	27480
determined complies with applicable standards adopted under the	27481
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.	27482
4001, as amended, and is adequately administering and enforcing it	27483
as determined under division (C) of this section.	27484

(b) The county or municipal corporation is participating in	27485
the national flood insurance program and has not received a notice	27486
of noncompliance under division (B) or (C) of this section.	27487

(2) The chief shall maintain a list of all counties and	27488
municipal corporations that have one-hundred-year floodplains	27489
within their boundaries. The list shall indicate whether each such	27490
county or municipal corporation is in compliance or noncompliance	27491
as provided in division (D)(1) of this section and whether each	27492
such county or municipal corporation is participating in the	27493
national flood insurance program. The chief shall provide a copy	27494
of the list to the general assembly and all state agencies	27495
annually and shall notify the general assembly and the agencies of	27496
any changes at least quarterly.	27497

(E) Any county or municipal corporation that is adversely	27498
affected by any determination of the chief under this section may	27499
appeal it in accordance with Chapter 119. of the Revised Code not	27500
later than thirty days after the final determination.	27501

Sec. 1521.19. (A) There is hereby created the Ohio water	27502
resources council consisting of the directors of agriculture,	27503
development, environmental protection, health, natural resources,	27504
transportation, and the Ohio public works commission, the	27505
chairperson of the public utilities commission of Ohio, the	27506
executive director of the Ohio water development authority, and an	27507
executive assistant in the office of the governor appointed by the	27508
governor. The governor shall appoint one of the members of the	27509
council to serve as its chairperson. The council may adopt bylaws	27510
that are necessary for the implementation of this section. The	27511
council shall provide a forum for policy development,	27512
collaboration and coordination among state agencies, and strategic	27513
direction with respect to state water resource programs. The	27514
council shall be assisted in its functions by a state agency	27515
coordinating group and an advisory group as provided in this	27516
section.	27517

(B) The state agency coordinating group shall consist of the	27518
executive director of the Ohio Lake Erie commission and a member	27519
or members from each state agency, commission, and authority	27520
represented on the council, to be appointed by the applicable	27521
director, chairperson, or executive director. However, the	27522
environmental protection agency shall be represented on the group	27523
by the chiefs of the divisions within that agency having	27524
responsibility for surface water programs and drinking and ground	27525
water programs, and the department of natural resources shall be	27526
represented on the group by the chief of the division of ~~water and~~	27527
~~the chief of the division of~~ soil and water ~~conservation~~	27528
resources. The chairperson of the council shall appoint a leader	27529
of the state agency coordinating group. The group shall provide	27530
assistance to and perform duties on behalf of the council as	27531
directed by the council.	27532

(C) The advisory group shall consist of not more than	27533
twenty-four members, each representing an organization or entity	27534
with an interest in water resource issues. The council shall	27535
appoint the members of the advisory group. Of the initial	27536
appointments, not more than ten members shall be appointed for	27537
one-year terms, and not more than ten members shall be appointed	27538
for two-year terms. Of the four initial appointments made after	27539
~~the effective date of this amendment~~April 6, 2007, two of the	27540
members shall be appointed for one-year terms, and two of the	27541
members shall be appointed for two-year terms. Thereafter, all	27542
advisory group members shall serve two-year terms. Members may be	27543
reappointed. Each member shall hold office from the date of the	27544
member's appointment until the end of the member's term. A member	27545
shall continue in office subsequent to the expiration date of the	27546
member's term until the member's successor takes office or until a	27547
period of sixty days has elapsed, whichever occurs first. The	27548
council may remove a member for misfeasance, nonfeasance, or	27549
malfeasance in office. The council shall appoint members to fill	27550
any vacancies on the group. A member appointed to fill a vacancy	27551
shall hold office for the remainder of the term for which that	27552
member was appointed.	27553

The chairperson of the council shall appoint a chairperson of	27554
the advisory group. The advisory group shall advise the council on	27555
water resources issues addressed by the council.	27556

(D) There is hereby created in the state treasury the Ohio	27557
water resources council fund. The department of natural resources	27558
shall serve as the fiscal agent for the fund. The departments of	27559
agriculture, development, environmental protection, health,	27560
natural resources, and transportation shall transfer moneys to the	27561
fund in equal amounts via intrastate transfer voucher. The public	27562
utilities commission of Ohio, Ohio public works commission, and	27563
Ohio water development authority may transfer moneys to the fund.	27564
If a voluntary transfer of moneys is made to the fund, the portion	27565
that is required to be transferred by the departments of	27566
agriculture, development, environmental protection, health,	27567
natural resources, and transportation may be equally reduced.	27568
Moneys in the fund shall be used to pay the operating expenses of	27569
the Ohio water resources council, including those specified in	27570
division (E) of this section.	27571

(E) The Ohio water resources council may hire staff to	27572
support its activities. The council may enter into contracts and	27573
agreements with federal agencies, state agencies, political	27574
subdivisions, and private entities to assist in accomplishing its	27575
objectives. Advisory group members shall be reimbursed for	27576
expenses necessarily incurred in the performance of their duties	27577
pursuant to section 126.31 of the Revised Code and any applicable	27578
rules pertaining to travel reimbursement adopted by the office of	27579
budget and management.	27580

Sec. 1523.01. In addition to all other powers granted to and	27581
duties devolving upon the chief of the division of soil and water	27582
resources, when in the chief's judgment it is for the public	27583
welfare and the best interests of the citizens of the state that	27584
the surplus, flood, and other waters of any of the watersheds,	27585
rivers, streams, watercourses, or public waters should be	27586
conserved, impounded, and stored in order to insure and promote	27587
the public health, welfare, and safety and to encourage and	27588
promote agriculture, commerce, manufacturing, and other public	27589
purposes, such chief shall proceed in furtherance of the purposes	27590
of sections 1523.01 to 1523.13 of the Revised Code, and for the	27591
preservation of the use of such waters for navigation, in case	27592
such waters are required for navigation, to construct such	27593
reservoirs, dams, storage basins, dikes, canals, raceways, and	27594
other improvements as are necessary for such purposes, or the	27595
chief may make additions to, enlarge, and make alterations in and	27596
upon such reservoirs, dams, storage basins, dikes, canals,	27597
raceways, and other improvements already in existence and	27598
constituting a part of the public works, as are necessary for such	27599
purposes. Any rights or privileges granted by sections 1523.01 to	27600
1523.13 of the Revised Code, shall not interfere with the control	27601
and maintenance of the state reservoirs or public parks which have	27602
been dedicated to the public for purposes of recreation and	27603
pleasure.	27604

~~Said~~The chief, subject to the written approval of the	27605
director of natural resources and the governor, may acquire by	27606
gift, purchase, or by appropriation proceedings, in the name of	27607
and on behalf of the state, such real and personal property,	27608
rights, privileges, and appurtenances as are necessary in the	27609
chief's judgment for the construction of such reservoirs, dams,	27610
storage basins, dikes, canals, raceways, and other improvements,	27611
or for the alteration, enlargement, or maintenance of existing	27612
reservoirs, dams, and other improvements, together with such	27613
rights of way, drives, and roadways as are necessary for	27614
convenient access thereto. The appropriation proceedings referred	27615
to in this section shall be restricted to private property only.	27616

Before proceeding to purchase or appropriate any such	27617
property or rights, the cost of which, together with the land or	27618
real estate necessary upon which to locate and construct such	27619
improvements, including damages to remaining property, is in	27620
excess of one thousand dollars, the chief shall prepare plans,	27621
specifications, and estimates of such cost, including all material	27622
and labor therefor, together with the cost of such land or real	27623
estate and damages, and shall thereupon submit such plans,	27624
specifications, and estimates to the director, who in turn shall	27625
submit them to the governor for approval.	27626

The governor shall thereupon publish written notice once a	27627
week for two consecutive weeks in a newspaper published in and of	27628
general circulation in the counties where any such improvements	27629
are proposed to be constructed, setting forth the location and	27630
character of the proposed improvements, that the plans,	27631
specifications, and estimates therefor are on file in the	27632
governor's office, and that objections thereto will be heard by	27633
the governor on a day to be named in ~~said~~the notice, which day	27634
shall be not less than ten nor more than twenty days after the	27635
first publication thereof. Within thirty days after the date fixed	27636
for ~~said~~the hearing, the governor shall return such plans,	27637
specifications, and estimates to the director, with the governor's	27638
written approval or rejection thereof indorsed thereon. The	27639
director shall immediately return such plans, specifications, and	27640
estimates, together with the governor's indorsement thereon, to	27641
the chief.	27642

Any instrument by which real property is acquired pursuant to	27643
this section shall identify the agency of the state that has the	27644
use and benefit of the real property as specified in section	27645
5301.012 of the Revised Code.	27646

Sec. 1523.02. If the governor approves the plans,	27647
specifications, and estimates authorized by section 1523.01 of the	27648
Revised Code, the chief of the division of soil and water	27649
resources shall thereupon proceed, as provided in sections	27650
1523.02 to 1523.13 of the Revised Code, to construct the	27651
improvements or to make alterations in or to enlarge those	27652
already existing, in such manner and form as is shown by such	27653
plans and specifications. In order to provide the funds for such	27654
construction, alteration, or enlargement, the chief shall issue	27655
and sell bonds of the state, not in excess of the estimated cost	27656
of such improvements. The bonds shall be issued in denominations	27657
of not less than one hundred dollars payable as a whole or in	27658
series on or before fifty years from the date thereof, with	27659
interest not to exceed the rate provided in section 9.95 of the	27660
Revised Code, payable either annually or semiannually.	27661

The bonds shall show on their face the purpose for which	27662
issued and shall create no liability upon or be considered an	27663
indebtedness of the state, but both the principal and interest	27664
shall be paid solely out of the proceeds arising from the	27665
improvements constructed, altered, or enlarged by the chief, or	27666
from the proceeds of the sale or foreclosure of the lien securing	27667
the bonds on such improvement or such part thereof as is	27668
constructed from the money realized from the sale of the bonds.	27669

The form of the bonds shall be approved by the attorney	27670
general, and they shall be signed by the governor and attested by	27671
the director of natural resources and the chief. The bonds may be	27672
issued as coupon bonds, payable to bearer only, or upon demand of	27673
the owner or holder thereof as registered bonds.	27674

Such bonds shall be sold by the chief to the highest bidder	27675
therefor, but for not less than the par value thereof, with	27676
accrued interest thereon, after thirty days' notice in at least	27677
two newspapers of general circulation in the county where such	27678
improvements are to be constructed, altered, or enlarged, setting	27679
forth the nature, amount, rate of interest, and length of time the	27680
bonds have to run, with the time and place of sale.	27681

The treasurer of state shall be the treasurer of the fund	27682
realized from the sale of such bonds, and the auditor of state	27683
shall be the auditor of such fund. The proceeds of such sale shall	27684
be turned over to the treasurer of state and shall be deposited by	27685
the treasurer of state in a solvent bank, located either in	27686
Columbus or in the county in which such improvements are located.	27687
Such proceeds shall be kept by such bank in a fund to be known as	27688
the water conservation improvement fund. Such fund shall be used	27689
to acquire the necessary real estate and to construct such new	27690
improvements and for no other purpose, except that the treasurer	27691
of state may pay the interest on the bonds during the period of	27692
condemnation and the construction, alteration, or enlargement of	27693
such improvements out of the proceeds arising from the sale of the	27694
bonds for a term not exceeding three years from the date on which	27695
the bonds are issued. The bank shall give bond to the state in	27696
such amount as the treasurer of state considers advisable, and	27697
with surety to the satisfaction of the treasurer of state, for the	27698
benefit of the holders of the bonds, and for the benefit of any	27699
contractors performing labor or furnishing material for such	27700
improvements, as provided by law, conditioned that it will safely	27701
keep the money and will make no payments or disbursements	27702
therefrom except as provided in sections 1523.01 to 1523.13 of the	27703
Revised Code.	27704

The treasurer of state shall hold such fund as trustee for	27705
the holders of the bonds and for all persons performing labor or	27706
furnishing material for the construction, alteration, or	27707
enlargement of any improvement made under such sections. Such	27708
funds shall not be turned into the state treasury, but shall be	27709
deposited and disbursed by the treasurer of state as provided in	27710
such sections. The interest coupons attached to such bonds shall	27711
bear the signature of the treasurer of state, executed by the	27712
treasurer of state or printed or lithographed thereon.	27713

Both the interest and principal of such bonds shall be made	27714
payable at the office of the treasurer of state in Columbus, and	27715
shall be paid by the treasurer of state, without warrant or	27716
authority of the director of budget and management, to the owner	27717
or holder of such bonds upon presentation by the owner or holder	27718
of matured interest coupons or bonds.	27719

Sec. 1523.03. Immediately after the sale of the bonds	27720
authorized by section 1523.02 of the Revised Code and the payment	27721
of the proceeds thereof to the treasurer of state as provided in	27722
such section, the chief of the division of soil and water	27723
resources shall make a written contract for the construction of	27724
the improvements or for the making of additions to or alterations	27725
in existing improvements with the lowest responsive and	27726
responsible bidder, in accordance with section 9.312 of the	27727
Revised Code, after advertisements once a week for four	27728
consecutive weeks in one newspaper in each of the cities of	27729
Columbus, Cleveland, and Cincinnati having a general circulation	27730
therein, one trade paper having a circulation among contractors	27731
engaged in the construction of public improvement work of like	27732
character, and two newspapers having a general circulation within	27733
the county in which the dam, reservoir, storage basin, or other	27734
improvement is located or is to be located.	27735

All bids shall be filed with the chief, within the time fixed	27736
for the filing of such bids in ~~said~~the advertisement. The bids	27737
shall be opened and publicly read by the chief at twelve noon on	27738
the last day for filing them. Each bid shall contain the full	27739
names of every person or company interested in it, shall	27740
separately state the price of both the labor and material to be	27741
furnished under it, and shall meet the requirements of section	27742
153.54 of the Revised Code.	27743

The chief may reject any bids. If the chief rejects all bids,	27744
the chief shall within sixty days thereafter readvertise for bids	27745
for the construction of such improvements, as provided in this	27746
section, and may continue to readvertise for bids every sixty days	27747
until bids are received which are made to the chief's satisfaction	27748
and in conformity to sections 1523.01 to 1523.13 of the Revised	27749
Code.	27750

The chief may award separate contracts to bidders for each	27751
part of the labor to be done or material to be furnished for the	27752
construction of such improvements, provided that the amount of the	27753
contract, if awarded as a whole, or the aggregate of ~~said~~the	27754
several contracts, if awarded separately, shall not, together with	27755
the cost of the land necessary for such improvements and the	27756
estimated damages to remaining property, be in excess of the	27757
estimated cost of the construction thereof, including such land	27758
and damages. Such contracts shall provide that all payments	27759
thereunder shall be made only from the proceeds of the sale of the	27760
bonds issued for the construction of such improvements. No	27761
contractor shall receive payment for any work or labor performed	27762
or material furnished for such improvements unless the contract	27763
therefor was, at the time of its execution, approved by the	27764
governor by the governor's written indorsement on such contract.	27765

Sec. 1523.04. When estimates or statements for either	27766
material theretofore furnished or labor theretofore performed	27767
under a contract entered into as provided in section 1523.03 of	27768
the Revised Code are presented to the chief of the division of	27769
soil and water ~~of the department of natural~~ resources by the	27770
contractor, certified as to the correctness thereof under oath by	27771
~~him~~the contractor or ~~his~~the contractor's authorized agent and	27772
approved in writing by the chief, the chief shall pay the amount	27773
of such estimates or statements from the water conservation	27774
improvement fund.	27775

Sec. 1523.05. The chief of the division of soil and water	27776
resources shall by contract in writing sell or lease for	27777
agricultural, commercial, manufacturing, or other lawful purposes,	27778
for any term not exceeding fifty years, the water, or any part	27779
thereof, conserved and stored by the improvements then existing,	27780
or that will be conserved and stored by any improvements	27781
thereafter to be constructed by ~~him~~the chief. The chief may lease	27782
the land surrounding ~~said~~the water for a term not exceeding fifty	27783
years, as shown by the plans and specifications prepared by ~~him~~	27784
the chief and approved by the governor as provided in section	27785
1523.01 of the Revised Code. Such agreements shall be for a	27786
certain price or rental for the water or lands furnished to or	27787
used by the grantees, lessees, or their assigns, to be paid	27788
quarterly, semiannually, or annually as the chief deems advisable.	27789

~~Said~~The chief may, for a term not exceeding fifty years,	27790
sell or lease power generated by any head of water raised or	27791
maintained by any such improvement, or hethe chief may sell or	27792
lease the right to use such head of water for generating power or	27793
other hydraulic purposes.	27794

All such contracts of sale or lease, whether for water or	27795
power, shall contain such reservations or restrictions as the	27796
chief deems necessary and proper in furtherance of the purposes of	27797
sections 1523.01 to 1523.13~~, inclusive,~~ of the Revised Code, and	27798
the preservation of the use of such waters for navigation in case	27799
they are required therefor.	27800

Such contracts or leases ~~must~~shall be approved by the	27801
attorney general as to their general form and legality and, before	27802
becoming binding obligations on the state, they shall be approved	27803
by the governor by ~~his~~the governor's written indorsement thereon.	27804

Sec. 1523.06. (A) The chief of the division of soil and	27805
water resources before selling bonds as provided in section	27806
1523.02 of the Revised Code or before receiving bids for the	27807
construction of improvements as authorized by section 1523.03 of	27808
the Revised Code may enter into tentative agreements for the sale	27809
or lease of water or power to:	27810

(1) Ascertain whether the public interest and welfare	27811
reasonably require the proposed improvements in the proposed	27812
locality;	27813

(2) Determine whether the revenues which the state may derive	27814
from the lease of lands and the lease and sale of the waters which	27815
are estimated will be conserved, impounded, and stored, or from	27816
the sale or lease of the power generated by such improvements,	27817
will be sufficient:	27818

(a) To pay the interest on bonds issued under section 1523.02	27819
of the Revised Code;	27820

(b) To create a sinking fund to retire ~~said~~the bonds at	27821
their maturity;	27822

27823

(B) The performance and carrying out of such tentative	27824
agreements shall be conditioned upon the ability of such chief to:	27825

(1) Sell ~~said~~the proposed bonds at not less than par and	27826
accrued interest;	27827

(2) Secure bids for the furnishing of all the labor and	27828
material necessary in the construction of such improvements,	27829
including all real estate required and damages incurred, at such a	27830
price that the rentals or compensation to be paid will provide	27831
during the terms of such contracts or leases a sum sufficient to	27832
pay ~~said~~the interest, retire ~~said~~the bonds, and maintain and	27833
keep ~~said~~the improvements in repair.	27834

Sec. 1523.07. The treasurer of state shall be treasurer and	27835
the auditor of state shall be auditor of all moneys derived from	27836
the use of the improvements authorized by sections 1523.01 to	27837
1523.13~~, inclusive,~~ of the Revised Code. The treasurer of state	27838
shall hold ~~said~~the moneys as trustee for the maintenance of any	27839
improvements constructed under such sections, and for the holders	27840
of any bonds issued in accordance with section 1523.02 of the	27841
Revised Code. ~~Said~~The moneys shall not be turned into the state	27842
treasury, but shall be deposited and disbursed by the treasurer of	27843
state in the manner provided in this section. All such moneys	27844
shall be collected by the treasurer of state on statements to be	27845
furnished by the chief of the division of soil and water resources	27846
and when so collected shall be deposited in solvent banks in the	27847
state upon the same terms as state funds are now loaned. ~~Said~~The	27848
funds shall be kept by such banks in a fund known as the "water	27849
conservation fund" and shall be used, first, to maintain and keep	27850
in repair the dams, reservoirs, storage basins, and other	27851
improvements, and, second, to pay the interest upon and principal	27852
of the bonds issued and sold pursuant to section 1523.02 of the	27853
Revised Code, as such interest falls due or ~~said~~the bonds mature.	27854

The banks in which the treasurer of state deposits any of the	27855
moneys belonging either to the water conservation improvement fund	27856
provided for in section 1523.02 of the Revised Code or the water	27857
conservation fund provided for in this section shall be state	27858
depository banks as provided for in sections 135.01 to 135.21,	27859
~~inclusive,~~ of the Revised Code. An amount not to exceed fifty	27860
thousand dollars of the money on deposit at any one time in the	27861
water conservation improvement fund, and an amount not to exceed	27862
ten thousand dollars in the water conservation fund shall be held	27863
by any of ~~said~~the banks as an active deposit, and ~~said~~the banks	27864
shall pay the treasurer of state on such deposits, both active and	27865
inactive, the same rate of interest then being paid by them upon	27866
the funds of the state then deposited with them by the treasurer	27867
of state. All such payments of interest shall be credited to the	27868
respective funds upon which such interest is paid.	27869

Sec. 1523.08. When the cost of any repairs to the	27870
improvements authorized by section 1523.01 of the Revised Code	27871
does not exceed one thousand dollars, the chief of the division of	27872
soil and water ~~of the department of natural~~ resources either may	27873
make such repairs ~~himself~~ or may let a contract therefor without	27874
advertising for bids. If the cost of any such repairs is in excess	27875
of one thousand dollars, the chief shall advertise for bids for	27876
the making of such repairs and let a contract therefor as provided	27877
in section 1523.03 of the Revised Code.	27878

When itemized statements are presented to the chief showing	27879
the amount of labor performed and material furnished in the making	27880
of such repairs, verified by the person making them and approved	27881
in writing by the chief, the chief shall pay the amount of such	27882
statement from the water conservation fund.	27883

Sec. 1523.09. If a reservoir, dam, storage basin, or other	27884
improvement constructed or enlarged by the chief of the division	27885
of soil and water resources as provided in sections 1523.01 to	27886
1523.13 of the Revised Code constitutes a part of the canal system	27887
of the state or is located upon any river, stream, or body of	27888
water formerly used as a feeder for the canal system, no water	27889
shall be sold or leased from the improvement ~~by the chief~~ except	27890
in accordance with section 1520.03 of the Revised Code.	27891

Sec. 1523.10. The funds derived from the sale, use, or lease	27892
of the water impounded and conserved or the power generated by the	27893
improvements constructed pursuant to sections 1523.01 to 1523.13,	27894
~~inclusive,~~ of the Revised Code, or from the lease of the lands and	27895
improvements adjacent thereto are hereby expressly pledged for the	27896
purpose of maintaining and keeping ~~said~~the improvements in repair	27897
and for the payment of the interest on and principal of the bonds	27898
issued under section 1523.02 of the Revised Code, as the same fall	27899
due and mature. The owners of such bonds are hereby given a lien	27900
for the payment of the principal and interest of such bonds upon	27901
any dam, reservoir, storage basin, or other improvements, or any	27902
part thereof, with the appurtenances belonging thereto,	27903
constructed by the chief of the division of soil and water	27904
resources with the funds derived from the sale of such bonds.	27905

If default is made in the payment of the interest on any of	27906
~~said~~the bonds for three or more successive years, or if bonds,	27907
aggregating in par value not less than ten per cent of the total	27908
amount of such bonds then outstanding are not paid at maturity,	27909
then all of ~~said~~the bonds, both principal and interest, shall	27910
become due and payable, and the owners of any of ~~said~~the bonds,	27911
aggregating in par value not less than ten per cent of the total	27912
amount of such bonds then outstanding, may institute proceedings	27913
to foreclose such lien against the state in the court of common	27914
pleas of the county in which is located any of ~~said~~the	27915
improvements, constructed, altered, or enlarged out of the	27916
proceeds of the sale of such bonds.	27917

~~Said~~The court shall have jurisdiction of such action with	27918
full power to foreclose such lien and to make an order to the	27919
sheriff of ~~said~~the county, acting as a master commissioner,	27920
directing ~~him~~the sheriff to make a sale of such improvements or	27921
part thereof at not less than two-thirds of the appraised value	27922
thereof, and upon such terms and in manner and form as provided	27923
for in ~~said~~the order, and to pay the proceeds of such sale to the	27924
clerk of the court of common pleas. Upon motion of the purchaser	27925
of such improvements at such sale, the court, if such sale is	27926
found to be regular in all respects and according to law, shall	27927
confirm the sale and order the sheriff to execute a deed to such	27928
purchaser and ~~his~~the purchaser's assigns, conveying to ~~him~~the	27929
purchaser and the purchaser's assigns all the right, title, and	27930
interest of the holders of ~~said~~the bonds in and to ~~said~~the	27931
improvements, and all the right, title, and interest of the state,	27932
for a period of not more than fifty years from the date of such	27933
conveyance, in the same, with full right and franchise, for ~~said~~	27934
the period of not to exceed fifty years, to operate ~~said~~the	27935
improvements and dispose of the water conserved or the power	27936
generated thereby, with the further right, for ~~said~~the period of	27937
fifty years, to flow, transport, and convey ~~said~~the water from	27938
~~said~~the improvements, or to conduct and transmit power generated	27939
thereby through, over, and upon any of the lands of the state or	27940
channels or beds of any of its reservoirs, lakes, canals, races,	27941
aqueducts, or watercourses. In the exercise of such rights, such	27942
purchaser or ~~his~~the purchaser's assigns shall at all times during	27943
the term of ~~said~~the grant maintain the improvements so conveyed	27944
to them in a good state of repair and shall not interfere with the	27945
navigation of the canals of the state or with the control and	27946
maintenance thereof or with the sale of water by the state from	27947
its dams, reservoirs, and improvements other than those so	27948
constructed. The state does not incur any liability by reason of	27949
such sale and the rights granted thereunder to continue to	27950
maintain such canals, races, channels, or watercourses, or to	27951
continue the use thereof. Such conveyance or grant by the sheriff	27952
as such master commissioner shall contain a clause giving the	27953
chief such control of waste gates and wickets as to regulate the	27954
flow of water in the state reservoirs or canals, in such manner as	27955
to maintain the proper level therein and to prevent the flowing	27956
into such reservoirs and canals of such quantities of water as	27957
might impair any of the property of the state or its lessees,	27958
except as otherwise provided in section 1520.03 of the Revised	27959
Code.	27960

Upon the foreclosure of ~~said~~the lien and the sale of ~~said~~	27961
the improvements, all contracts or leases for the sale, use, or	27962
lease of water, the lands and improvements adjacent thereto, or	27963
power rights then outstanding shall become void, and the rights of	27964
the state and the several lessees thereunder, shall cease.	27965

Upon the making of an order by the court for the sale of such	27966
improvements, and before they are offered for sale by the sheriff,	27967
the court shall appoint three disinterested appraisers, one of	27968
whom shall be a water-works or hydraulic engineer with at least	27969
five years' experience in the practice of ~~his~~the engineer's	27970
profession, and two of whom shall be freeholders residing in the	27971
county in which any of such improvements are located. ~~Said~~The	27972
appraisers shall appraise ~~said~~the improvements and shall, within	27973
the time fixed by the court, file such appraisal in writing with	27974
the clerk. If the lien given by this section as security for the	27975
payment of ~~said~~the bonds covers a part only of ~~said~~the	27976
improvements, ~~said~~the appraisers shall appraise ~~said~~the	27977
improvements as an entirety, and shall also appraise separately	27978
the part constructed from the proceeds of the sale of ~~said~~the	27979
bonds, the lien of which is being foreclosed in such proceeding.	27980

In making such appraisal and fixing the value of ~~said~~the	27981
improvements or of such part thereof, ~~said~~the appraisers shall	27982
have access to all papers and documents on file in the office of	27983
the chief relating to such improvements, including the plans and	27984
specifications therefor, and the bids made and contracts entered	27985
into for the construction thereof, and all leases and contracts	27986
for the sale of water impounded therein and power generated	27987
thereby. The order of the court shall direct the sale only of such	27988
part of ~~said~~the improvements as have been constructed from the	27989
proceeds of the sale of ~~said~~the bonds. The purchaser at such	27990
sale, in the operation of such improvements during the term of the	27991
franchise granted to ~~him~~the purchaser by this section, shall draw	27992
from the dam or reservoir impounding such water only such portion	27993
thereof as the appraised value of that part of such improvements,	27994
constructed from the proceeds of the sale of such bonds and sold	27995
to ~~him~~the purchaser under the order of the court, bears to the	27996
entire appraised value of such improvements.	27997

If at any time during the term of the franchise granted to	27998
the purchaser of such improvements at such foreclosure sale any	27999
controversy arises between ~~him~~the purchaser or ~~his~~the	28000
purchaser's assigns and the chief as to the operation of such	28001
improvements, or as to the amount of water which ~~said~~the	28002
purchaser is drawing or is entitled to draw therefrom, either ~~said~~	28003
the purchaser or ~~said~~the chief may file a petition in ~~said~~the	28004
court, setting forth the facts connected with such controversy.	28005

Notice in writing of the filing of such petition shall be	28006
given to the opposite party to ~~said~~the controversy within thirty	28007
days from the date of the filing thereof, either by service of	28008
such notice personally upon such opposite party by the sheriff of	28009
such county or by service by mail by the clerk. Such notice shall	28010
be mailed to the name and address which the purchaser filed with	28011
~~said~~the clerk at the time of the delivery to the purchaser by the	28012
sheriff of the deed. Within thirty days from the serving or	28013
mailing of such notice, the opposite party to ~~said~~the controversy	28014
shall file ~~his~~an answer in ~~said~~the court, and thereupon the	28015
court shall hear and determine ~~said~~the controversy and make such	28016
order in regard to it as is just and proper, which order shall be	28017
binding upon all the parties to ~~said~~the controversy.	28018

At the termination of ~~said~~the period of not to exceed fifty	28019
years, all of the rights and privileges conveyed to ~~said~~the	28020
purchaser by the deed and grant of such sheriff as master	28021
commissioner shall cease and ~~said~~the improvements, with all the	28022
appurtenances belonging thereto, shall revert to and become the	28023
property of the state, free and clear of any claims whatever	28024
against them.	28025

The clerk shall distribute and pay the money received by ~~him~~	28026
the clerk from the sheriff as such master commissioner from the	28027
sale of such improvements to the holders of ~~said~~the bonds pro	28028
rata, and upon such payment to any of ~~said~~the bondholders, they	28029
shall surrender to the ~~said~~the clerk their bonds, with all unpaid	28030
interest coupons thereon. The clerk shall thereupon cancel the	28031
same and deliver them, so canceled, to the treasurer of the water	28032
conservation improvement fund.	28033

Sec. 1523.11. All appropriations of property made by the	28034
chief of the division of soil and water resources in carrying out	28035
sections 1523.01 to 1523.13~~, inclusive,~~ of the Revised Code, shall	28036
be made in accordance with sections 163.01 to 163.22~~, inclusive,~~	28037
of the Revised Code, provided that possession of any property so	28038
appropriated shall not be taken by the state or the chief before	28039
the compensation and damages awarded therefor in the appropriation	28040
proceedings have been paid into court.	28041

Sec. 1523.12. Sections 1523.01 to 1523.13~~, inclusive,~~ of the	28042
Revised Code do not authorize any reduction in the quantity or any	28043
impairment in the quality of the water in any watershed, stream,	28044
or basin, developed or undeveloped, from which any political	28045
subdivision is, at the time the chief of the division of soil and	28046
water resources proposes and is proceeding to construct in such	28047
watershed, stream, or basin any of the improvements authorized by	28048
such sections, taking water for the use of itself or its	28049
inhabitants, or has plans under way, or has made or begun	28050
appropriation of any property or rights in such watershed, stream,	28051
or basin for the purpose of acquiring a water supply for itself or	28052
its inhabitants for either domestic, industrial, or other uses.	28053
Such sections do not authorize the chief to sell or lease the	28054
right to use water at any time for any purpose or to such an	28055
extent as to prejudice, abrogate, or supersede any of the water	28056
rights granted by the state to the city of Akron as provided in	28057
volume 102, Ohio Laws, page 175, sections 1 to 3~~, inclusive~~.	28058

Sec. 1523.13. If by reason of severe drought or other causes	28059
the water supply of any political subdivision is, in the judgment	28060
of the chief of the division of soil and water resources, at any	28061
time so reduced or impaired as to endanger the property of such	28062
political subdivision, or the health, safety, or property of the	28063
inhabitants thereof, then the chief, under such regulations as he	28064
the chief prescribes, may grant to such political subdivision the	28065
right, during the continuance of such emergency, to draw or take	28066
such quantity of water as is necessary to protect the property of	28067
such political subdivision and the health, safety, or property of	28068
its inhabitants from any improvement constructed under sections	28069
1523.01 to 1523.13~~, inclusive,~~ of the Revised Code, before any of	28070
the lessees or grantees of the state using the water for	28071
industrial purposes take water therefrom. Such political	28072
subdivision shall pay such price per thousand gallons for the	28073
water so taken by it as is fixed by the chief and the governor.	28074
The price so fixed shall not exceed the maximum price then being	28075
paid for water to the state by any of its lessees or grantees.	28076
Such grant by the chief to such political subdivision shall not	28077
modify the terms or impair the validity of any leases then	28078
existing between the state and other persons, firms, or	28079
corporations, except as expressly provided in this section.	28080

Sec. 1523.14. The director of transportation in constructing	28081
highways, bridges, and culverts as provided by law; the board of	28082
county commissioners in constructing highways, bridges, and	28083
culverts as provided by law; the board of township trustees of any	28084
township in constructing highways, bridges, and culverts as	28085
provided by law; and any municipal corporation constructing or	28086
improving viaducts, bridges, and culverts under section 717.01 of	28087
the Revised Code, either severally or jointly, upon request of the	28088
chief of the division of soil and water resources and with the	28089
approval of the director of transportation, may construct and	28090
maintain slack-water dams in connection with ~~said~~the highway,	28091
highway bridge, or culvert so as to create reservoirs, ponds,	28092
water parks, basins, lakes, or other incidental works to conserve	28093
the water supply of the state.	28094

Sec. 1523.15. The chief of the division of soil and water of	28095
~~the department of natural~~ resources may request the public	28096
authority having charge of the construction of state, county, or	28097
township highways, highway bridges, and culverts, or municipal	28098
streets, for the construction of slack-water dams in connection	28099
with the construction of any such highway, street, highway bridge,	28100
or culvert whenever, in ~~his~~the chief's opinion, the construction	28101
of such dam is desirable and feasible for the economical creation	28102
and construction of reservoirs, ponds, water parks, basins, lakes,	28103
or other incidental works for the conservation of the water supply	28104
of the state.	28105

The public authority having charge of such construction may	28106
approve such request when, in its opinion, the construction of	28107
such dams will not unnecessarily delay or hinder the construction	28108
of the highway, street, highway bridge, or culvert, or will not	28109
interfere with its value or use for highway purposes.	28110

If such request is approved, the chief, in cooperation with	28111
the department of transportation and the public authority	28112
participating in the project, shall make a survey and prepare	28113
plans, specifications, and estimates for the construction of such	28114
dams and the reservoir, pond, water park, basin, lake, or other	28115
incidental works in connection therewith.	28116

Upon approval of the plans and specifications and	28117
determination to proceed with the project, the chief shall enter	28118
into an agreement with the public authority on the distribution of	28119
the cost and expense of the construction of such dams and	28120
incidental works in connection therewith. The portion of the cost	28121
to be paid by the division of soil and water resources shall be	28122
paid from any funds appropriated for or paid into the division and	28123
available for such purpose.	28124

Such dams shall be constructed under and subject to any laws	28125
governing the construction of state, county, or township highways,	28126
bridges, or culverts. Any public authority undertaking	28127
construction under sections 1523.14 to 1523.20 of the Revised Code	28128
shall proceed in the same manner as provided for the construction	28129
of highway or street improvements.	28130

Sec. 1523.16. Any department or division of the state	28131
government, or any county, township, municipal corporation, park	28132
board, or district, or any organization, club, corporation, or	28133
private person may petition the chief of the division of soil and	28134
water resources for the construction of dams and reservoir	28135
projects in connection with the construction of any highway,	28136
highway bridge, or culvert.	28137

Upon receipt of such a petition and its approval by the	28138
chief, hethe chief shall proceed as authorized by section 1523.15	28139
of the Revised Code. If the public authority having charge of the	28140
construction of such highway, street, highway bridge, or culvert	28141
approves the request, then the chief shall enter into an agreement	28142
with the public authority, organization, or person petitioning for	28143
the construction of such dam or reservoir on the apportionment of	28144
the cost and expense of construction. The cost and expense of such	28145
dam project shall include the cost of clearing and grubbing and	28146
the cost of property and damages incidental thereto. Such	28147
agreement shall also contain provisions for the proper maintenance	28148
and repair of such projects after completion, and also apportion	28149
the revenue derived therefrom between the division of soil and	28150
water resources and the petitioner.	28151

Sec. 1523.17. In all cases in which a public authority,	28152
private organization, or person petitions for the construction of	28153
a dam and reservoir project as authorized by ~~section~~sections	28154
1523.14 to 1523.20 of the Revised Code, the chief of the division	28155
of soil and water ~~of the department of natural~~ resources, as a	28156
condition precedent to the construction of such project, shall	28157
require the petitioning authority, organization, or person to pay	28158
~~his~~the petitioning authority's, organization's, or person's share	28159
of the cost and expense of such project.	28160

Any deficiency shall be made up by the parties bearing the	28161
cost before any further work is done. If the deficiency is not	28162
made up within sixty days after it is known, the amount paid in,	28163
less the expense incurred by the chief and the cooperating public	28164
authorities, shall be refunded to the donor. After completion of	28165
the work, any amount remaining to the credit of the project shall	28166
likewise be refunded.	28167

Sec. 1523.18. In the construction of dams, reservoirs, and	28168
other incidental works under sections 1523.14 to 1523.20 of the	28169
Revised Code, the chief of the division of soil and water	28170
resources shall proceed as provided by law, and shall enter into	28171
contracts therefor as provided in sections 153.01 to 153.29 of the	28172
Revised Code. The director of transportation, the chief of the	28173
division of wildlife with the approval of the director of natural	28174
resources, and any county, township, municipal corporation, and	28175
public park board or district may proceed with the letting of	28176
contracts for the construction of such dams or reservoir projects,	28177
approved by the chief of the division of soil and water resources,	28178
under any laws regulating the letting of contracts applicable to	28179
their respective departments, divisions, districts, or political	28180
subdivisions, and the authority of sections 1523.14 to 1523.20 of	28181
the Revised Code.	28182

Sec. 1523.19. The chief of the division of soil and water	28183
resources shall have the supervision, care, and control of all	28184
dams, reservoirs, ponds, water parks, basins, lakes, or other	28185
incidental works constructed under sections 1523.14 to 1523.20,	28186
~~inclusive,~~ of the Revised Code, and shall maintain and keep them	28187
in repair. The cost of such maintenance and repair shall be paid	28188
from any funds appropriated to the division of soil and water	28189
resources for that purpose or paid into the state treasury as	28190
agreed upon with the public or contracting authorities	28191
co-operating in the construction of such projects.	28192

Such projects may also be maintained by any department or	28193
division of state government or other public authorities leasing	28194
or operating the projects, through agreements made with ~~said~~the	28195
chief. All rentals derived from the lessees of such projects shall	28196
be used by ~~said~~the chief in the maintenance or repair of all such	28197
projects constructed under such sections. The costs and expenses	28198
of the reconstruction of any such projects shall be distributed,	28199
unless otherwise agreed, on the same basis and pro-rata share of	28200
the costs and expenses as was paid by the contracting authorities	28201
contributing to the cost of the original project.	28202

Sec. 1523.20. When the chief of the division of soil and	28203
water resources and the owners of the lands, waters, or riparian	28204
rights are unable to agree upon the terms, purchase price, and	28205
sale thereof, the chief may acquire the lands by appropriation	28206
proceedings in the manner provided by sections 163.01 to 163.22 of	28207
the Revised Code.	28208

The title or lease to any such lands, waters, or riparian	28209
rights shall be taken by the chief, subject to the approval of the	28210
governor and the attorney general, in the name of the state. The	28211
lease rentals or purchase price of any such lands, waters, or	28212
riparian rights, as well as all costs and expenses of constructing	28213
any such reservoirs, ponds, water parks, basins, lakes, or other	28214
incidental works on those lands, may be paid for from any funds	28215
appropriated for the use of or paid into the division of soil and	28216
water resources and available for that purpose. The chief may	28217
accept contributions to those funds from individuals,	28218
associations, clubs, organizations, and corporations.	28219

Sec. 1531.01. As used in this chapter and Chapter 1533. of	28220
the Revised Code:	28221

(A) "Person" means a person as defined in section 1.59 of the	28222
Revised Code or a company; an employee, agent, or officer of such	28223
a person or company; a combination of individuals; the state; a	28224
political subdivision of the state; an interstate body created by	28225
a compact; or the federal government or a department, agency, or	28226
instrumentality of it.	28227

(B) "Resident" means any individual who has resided in this	28228
state for not less than six months next preceding the date of	28229
making application for a license.	28230

(C) "Nonresident" means any individual who does not qualify	28231
as a resident.	28232

(D) "Division rule" or "rule" means any rule adopted by the	28233
chief of the division of wildlife under section 1531.10 of the	28234
Revised Code unless the context indicates otherwise.	28235

(E) "Closed season" means that period of time during which	28236
the taking of wild animals protected by this chapter and Chapter	28237
1533. of the Revised Code is prohibited.	28238

(F) "Open season" means that period of time during which the	28239
taking of wild animals protected by this chapter and Chapter 1533.	28240
of the Revised Code is permitted.	28241

(G) "Take or taking" includes pursuing, shooting, hunting,	28242
killing, trapping, angling, fishing with a trotline, or netting	28243
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,	28244
wild bird, or wild quadruped, and any lesser act, such as	28245
wounding, or placing, setting, drawing, or using any other device	28246
for killing or capturing any wild animal, whether it results in	28247
killing or capturing the animal or not. "Take or taking" includes	28248
every attempt to kill or capture and every act of assistance to	28249
any other person in killing or capturing or attempting to kill or	28250
capture a wild animal.	28251

(H) "Possession" means both actual and constructive	28252
possession and any control of things referred to.	28253

(I) "Bag limit" means the number, measurement, or weight of	28254
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild	28255
birds, and wild quadrupeds permitted to be taken.	28256

(J) "Transport and transportation" means carrying or moving	28257
or causing to be carried or moved.	28258

(K) "Sell and sale" means barter, exchange, or offer or	28259
expose for sale.	28260

(L) "Whole to include part" means that every provision	28261
relating to any wild animal protected by this chapter and Chapter	28262
1533. of the Revised Code applies to any part of the wild animal	28263
with the same effect as it applies to the whole.	28264

(M) "Angling" means fishing with not more than two hand	28265
lines, not more than two units of rod and line, or a combination	28266
of not more than one hand line and one rod and line, either in	28267
hand or under control at any time while fishing. The hand line or	28268
rod and line shall have attached to it not more than three baited	28269
hooks, not more than three artificial fly rod lures, or one	28270
artificial bait casting lure equipped with not more than three	28271
sets of three hooks each.	28272

(N) "Trotline" means a device for catching fish that consists	28273
of a line having suspended from it, at frequent intervals,	28274
vertical lines with hooks attached.	28275

(O) "Fish" means a cold-blooded vertebrate having fins.

28276

(P) "Measurement of fish" means length from the end of the	28277
nose to the longest tip or end of the tail.	28278

(Q) "Wild birds" includes game birds and nongame birds.

28279

(R) "Game" includes game birds, game quadrupeds, and	28280
fur-bearing animals.	28281

(S) "Game birds" includes mourning doves, ringneck pheasants,	28282
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated	28283
grouse, wild turkey, Hungarian partridge, Chukar partridge,	28284
woodcocks, black-breasted plover, golden plover, Wilson's snipe or	28285
jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules,	28286
duck, geese, brant, and crows.	28287

(T) "Nongame birds" includes all other wild birds not	28288
included and defined as game birds or migratory game birds.	28289

(U) "Wild quadrupeds" includes game quadrupeds and	28290
fur-bearing animals.	28291

(V) "Game quadrupeds" includes cottontail rabbits, gray	28292
squirrels, black squirrels, fox squirrels, red squirrels, flying	28293
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,	28294
wild boar, and black bears.	28295

(W) "Fur-bearing animals" includes minks, weasels, raccoons,	28296
skunks, opossums, muskrats, fox, beavers, badgers, otters,	28297
coyotes, and bobcats.	28298

(X) "Wild animals" includes mollusks, crustaceans, aquatic	28299
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,	28300
and all other wild mammals, but does not include domestic deer.	28301

(Y) "Hunting" means pursuing, shooting, killing, following	28302
after or on the trail of, lying in wait for, shooting at, or	28303
wounding wild birds or wild quadrupeds while employing any device	28304
commonly used to kill or wound wild birds or wild quadrupeds	28305
whether or not the acts result in killing or wounding. "Hunting"	28306
includes every attempt to kill or wound and every act of	28307
assistance to any other person in killing or wounding or	28308
attempting to kill or wound wild birds or wild quadrupeds.	28309

(Z) "Trapping" means securing or attempting to secure	28310
possession of a wild bird or wild quadruped by means of setting,	28311
placing, drawing, or using any device that is designed to close	28312
upon, hold fast, confine, or otherwise capture a wild bird or wild	28313
quadruped whether or not the means results in capture. "Trapping"	28314
includes every act of assistance to any other person in capturing	28315
wild birds or wild quadrupeds by means of the device whether or	28316
not the means results in capture.	28317

(AA) "Muskrat spear" means any device used in spearing	28318
muskrats.	28319

(BB) "Channels and passages" means those narrow bodies of	28320
water lying between islands or between an island and the mainland	28321
in Lake Erie.	28322

(CC) "Island" means a rock or land elevation above the waters	28323
of Lake Erie having an area of five or more acres above water.	28324

(DD) "Reef" means an elevation of rock, either broken or in	28325
place, or gravel shown by the latest United States chart to be	28326
above the common level of the surrounding bottom of the lake,	28327
other than the rock bottom, or in place forming the base or	28328
foundation rock of an island or mainland and sloping from the	28329
shore of it. "Reef" also means all elevations shown by that chart	28330
to be above the common level of the sloping base or foundation	28331
rock of an island or mainland, whether running from the shore of	28332
an island or parallel with the contour of the shore of an island	28333
or in any other way and whether formed by rock, broken or in	28334
place, or from gravel.	28335

(EE) "Fur farm" means any area used exclusively for raising	28336
fur-bearing animals or in addition thereto used for hunting game,	28337
the boundaries of which are plainly marked as such.	28338

(FF) "Waters" includes any lake, pond, reservoir, stream,	28339
channel, lagoon, or other body of water, or any part thereof,	28340
whether natural or artificial.	28341

(GG) "Crib" or "car" refers to that particular compartment of	28342
the net from which the fish are taken when the net is lifted.	28343

(HH) "Commercial fish" means those species of fish permitted	28344
to be taken, possessed, bought, or sold unless otherwise	28345
restricted by the Revised Code or division rule and are alewife	28346
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin	28347
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),	28348
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus	28349
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead	28350
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel	28351
catfish (Ictalurus punctatus), flathead catfish (Pylodictis	28352
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),	28353
freshwater drum or sheepshead (Aplodinotus grunniens), gar	28354
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish	28355
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye	28356
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt	28357
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus	28358
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other	28359
than buffalo and quillback (Carpiodes sp., Catostomus sp.,	28360
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone	28361
chrysops), white perch (Roccus americanus), and yellow perch	28362
(Perca flavescens). When the common name of a fish is used in this	28363
chapter or Chapter 1533. of the Revised Code, it refers to the	28364
fish designated by the scientific name in this definition.	28365

(II) "Fishing" means taking or attempting to take fish by any	28366
method, and all other acts such as placing, setting, drawing, or	28367
using any device commonly used to take fish whether resulting in a	28368
taking or not.	28369

(JJ) "Fillet" means the pieces of flesh taken or cut from	28370
both sides of a fish, joined to form one piece of flesh.	28371

(KK) "Part fillet" means a piece of flesh taken or cut from	28372
one side of a fish.	28373

(LL) "Round" when used in describing fish means with head and	28374
tail intact.	28375

(MM) "Migrate" means the transit or movement of fish to or	28376
from one place to another as a result of natural forces or	28377
instinct and includes, but is not limited to, movement of fish	28378
induced or caused by changes in the water flow.	28379

(NN) "Spreader bar" means a brail or rigid bar placed across	28380
the entire width of the back, at the top and bottom of the cars in	28381
all trap, crib, and fyke nets for the purpose of keeping the	28382
meshes hanging squarely while the nets are fishing.	28383

(OO) "Fishing guide" means any person who, for consideration	28384
or hire, operates a boat, rents, leases, or otherwise furnishes	28385
angling devices, ice fishing shanties or shelters of any kind, or	28386
other fishing equipment, and accompanies, guides, directs, or	28387
assists any other person in order for the other person to engage	28388
in fishing.	28389

(PP) "Net" means fishing devices with meshes composed of	28390
twine or synthetic material and includes, but is not limited to,	28391
trap nets, fyke nets, crib nets, carp aprons, dip nets, and	28392
seines, except minnow seines and minnow dip nets.	28393

(QQ) "Commercial fishing gear" means seines, trap nets, fyke	28394
nets, dip nets, carp aprons, trotlines, other similar gear, and	28395
any boat used in conjunction with that gear, but does not include	28396
gill nets.	28397

(RR) "Native wildlife" means any species of the animal	28398
kingdom indigenous to this state.	28399

(SS) "Gill net" means a single section of fabric or netting	28400
seamed to a float line at the top and a lead line at the bottom,	28401
which is designed to entangle fish in the net openings as they	28402
swim into it.	28403

(TT) "Tag fishing tournament" means a contest in which a	28404
participant pays a fee, or gives other valuable consideration, for	28405
a chance to win a prize by virtue of catching a tagged or	28406
otherwise specifically marked fish within a limited period of	28407
time.	28408

(UU) "Tenant" means an individual who resides on land for	28409
which the individual pays rent and whose annual income is	28410
primarily derived from agricultural production conducted on that	28411
land, as "agricultural production" is defined in section 929.01 of	28412
the Revised Code.	28413

(VV) "Nonnative wildlife" means any wild animal not	28414
indigenous to this state, but does not include domestic deer.	28415

(WW) "Reptiles" includes common musk turtle (sternotherus	28416
odoratus), common snapping turtle (Chelydra serpentina	28417
serpentina), spotted turtle (Clemmys guttata), eastern box turtle	28418
(Terrapene carolina carolina), Blanding's turtle (Emydoidea	28419
blandingii), common map turtle (Graptemys geographica), ouachita	28420
map turtle (Graptemys pseudogeographica ouachitensis), midland	28421
painted turtle (Chrysemys picta marginata), red-eared slider	28422
(Trachemys scripta elegans), eastern spiny softshell turtle	28423
(Apalone spinifera spinifera), midland smooth softshell turtle	28424
(Apalone mutica mutica), northern fence lizard (Sceloporus	28425
undulatus hyacinthinus), ground skink (Scincella lateralis),	28426
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces	28427
laticeps), northern coal skink (Eumeces anthracinus anthracinus),	28428
European wall lizard (Podarcis muralis), queen snake (Regina	28429
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern	28430
water snake (Nerodia sipedon sipedon), Lake Erie watersnake	28431
(Nerodia sipedon insularum), copperbelly water snake (Nerodia	28432
erythrogaster neglecta), northern brown snake (Storeria dekayi	28433
dekayi), midland brown snake (Storeria dekayi wrightorum),	28434
northern redbelly snake (Storeria occipitomaculata	28435
occipitomaculata), eastern garter snake (Thamnophis sirtalis	28436
sirtalis), eastern plains garter snake (Thamnophis radix radix),	28437
Butler's garter snake (Thamnophis butleri), shorthead garter snake	28438
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis	28439
sauritus sauritus), northern ribbon snake (Thamnophis sauritus	28440
septentrionalis), eastern hognose snake (Heterodon platirhinos),	28441
eastern smooth earth snake (Virginia valeriae valeriae), northern	28442
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake	28443
(Carphophis amoenus helenae), eastern worm snake (Carphophis	28444
amoenus amoenus), black racer (Coluber constrictor constrictor),	28445
blue racer (Coluber constrictor foxii), rough green snake	28446
(opheodrys aestivus), smooth green snake (opheodrys vernalis	28447
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox	28448
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis	28449
getula nigra), eastern milk snake (Lampropeltis triangulum	28450
triangulum), northern copperhead (Agkistrodon contortrix mokasen),	28451
eastern massasauga (Sistrurus catenatus catenatus), and timber	28452
rattlesnake (Crotalus horridus horridus).	28453

(XX) "Amphibians" includes eastern hellbender (Crytpobranchus	28454
alleganiensis alleganiensis), mudpuppy (Necturus maculosus	28455
maculosus), red-spotted newt (Notophthalmus viridescens	28456
viridescens), Jefferson salamander (Ambystoma jeffersonianum),	28457
spotted salamander (Ambystoma maculatum), blue-spotted salamander	28458
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),	28459
streamside salamander (Ambystoma barbouri), marbled salamander	28460
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum	28461
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),	28462
mountain dusky salamander (Desmognathus ochrophaeus), redback	28463
salamander (Plethodon cinereus), ravine salamander (Plethodon	28464
richmondi), northern slimy salamander (Plethodon glutinosus),	28465
Wehrle's salamander (Plethodon wehrlei), four-toed salamander	28466
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus	28467
porphyriticus duryi), northern spring salamander (Gyrinophilus	28468
porphyriticus porphyriticus), mud salamander (Pseudotriton	28469
montanus), northern red salamander (Pseudotriton ruber ruber),	28470
green salamander (Aneides aeneus), northern two-lined salamander	28471
(Eurycea bislineata), longtail salamander (Eurycea longicauda	28472
longicauda), cave salamander (Eurycea lucifuga), southern	28473
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo	28474
woodhousii fowleri), American toad (Bufo americanus), eastern	28475
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris	28476
crepitans blanchardi), northern spring peeper (Pseudacris crucifer	28477
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog	28478
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata	28479
triseriata), mountain chorus frog (Pseudacris brachyphona),	28480
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),	28481
northern leopard frog (Rana pipiens), pickerel frog (Rana	28482
palustris), southern leopard frog (Rana utricularia), and wood	28483
frog (Rana sylvatica).	28484

(YY) "Deer" means white-tailed deer (Oddocoileus	28485
virginianus).	28486

(ZZ) "Domestic deer" means nonnative deer that have been	28487
legally acquired or their offspring and that are held in private	28488
ownership for primarily agricultural purposes.	28489

(AAA) "Migratory game bird" includes waterfowl (Anatidae);	28490
doves (Columbidae); cranes (Gruidae); cormorants	28491
(Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and	28492
woodcock and snipe (Scolopacidae).	28493

(BBB) "Accompany" means to go along with another person while	28494
staying within a distance from the person that enables	28495
uninterrupted, unaided visual and auditory communication.	28496

(CCC) "Electric-powered all-purpose vehicle" means any	28497
battery-powered self-propelled electric vehicle that is designed	28498
primarily for cross-country travel on land, water, or land and	28499
water and that is steered by wheels, caterpillar treads, or a	28500
combination of wheels and caterpillar treads and includes vehicles	28501
that operate on a cushion of air, vehicles commonly known as	28502
all-terrain vehicles, all-season vehicles, mini-bikes, and trail	28503
bikes. "Electric-powered all-purpose vehicle" does not include a	28504
utility vehicle as defined in section 4501.01 of the Revised Code,	28505
any vehicle that is principally used in playing golf, any motor	28506
vehicle or aircraft that is required to be registered under	28507
Chapter 4503. or 4561. of the Revised Code, or any vehicle that is	28508
excluded from the definition of "motor vehicle" as provided in	28509
division (B) of section 4501.01 of the Revised Code.	28510

(DDD) "Children" means biological or adopted sons or	28511
daughters and adopted stepsons or stepdaughters.	28512

(EEE) "Grandchildren" means the children of one's child.

28513

Sec. 1533.10. Except as provided in this section or division	28514
(A)(2) of section 1533.12 of the Revised Code, no person shall	28515
hunt any wild bird or wild quadruped without a hunting license.	28516
Each day that any person hunts within the state without procuring	28517
such a license constitutes a separate offense. Except as otherwise	28518
provided in this section, every applicant for a hunting license	28519
who is a resident of the state and eighteen years of age or more	28520
shall procure a resident hunting license or an apprentice resident	28521
hunting license, the fee for which shall be eighteen dollars	28522
unless the rules adopted under division (B) of section 1533.12 of	28523
the Revised Code provide for issuance of a resident hunting	28524
license to the applicant free of charge. Except as provided in	28525
rules adopted under division (B)(2) of that section, each	28526
applicant who is a resident of this state and who at the time of	28527
application is sixty-six years of age or older shall procure a	28528
special senior hunting license, the fee for which shall be	28529
one-half of the regular hunting license fee. Every applicant who	28530
is under the age of eighteen years shall procure a special youth	28531
hunting license or an apprentice youth hunting license, the fee	28532
for which shall be one-half of the regular hunting license fee.	28533
~~The owner of~~A resident of this state who owns lands in the state	28534
and the owner's children of any age and grandchildren under	28535
eighteen years of age may hunt on the lands without a hunting	28536
license, but shall obtain a deer or wild turkey permit as required	28537
in section 1533.11 of the Revised Code. The tenant and children of	28538
the tenant, residing on lands in the state, may hunt on them	28539
without a hunting license, but shall obtain a deer or wild turkey	28540
permit as required in section 1533.11 of the Revised Code. Except	28541
as otherwise provided in division (A)(1) of section 1533.12 of the	28542
Revised Code, every applicant for a hunting license who is a	28543
nonresident of the state and who is eighteen years of age or older	28544
shall procure a nonresident hunting license or an apprentice	28545
nonresident hunting license, the fee for which shall be one	28546
hundred twenty-four dollars unless the applicant is a resident of	28547
a state that is a party to an agreement under section 1533.91 of	28548
the Revised Code, in which case the fee shall be eighteen dollars.	28549
Apprentice resident hunting licenses, apprentice youth hunting	28550
licenses, and apprentice nonresident hunting licenses are subject	28551
to the requirements established under section 1533.102 of the	28552
Revised Code and rules adopted pursuant to it.	28553

The chief of the division of wildlife may issue a small game	28554
hunting license expiring three days from the effective date of the	28555
license to a nonresident of the state, the fee for which shall be	28556
thirty-nine dollars. No person shall take or possess deer, wild	28557
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	28558
animal while possessing only a small game hunting license. A	28559
small game hunting license or an apprentice nonresident hunting	28560
license does not authorize the taking or possessing of ducks,	28561
geese, or brant without having obtained, in addition to the small	28562
game hunting license or the apprentice nonresident hunting	28563
license, a wetlands habitat stamp as provided in section 1533.112	28564
of the Revised Code. A small game hunting license or an	28565
apprentice nonresident hunting license does not authorize the	28566
taking or possessing of deer, wild turkeys, or fur-bearing	28567
animals. A nonresident of the state who wishes to take or possess	28568
deer, wild turkeys, or fur-bearing animals in this state shall	28569
procure, respectively, a deer or wild turkey permit as provided in	28570
section 1533.11 of the Revised Code or a fur taker permit as	28571
provided in section 1533.111 of the Revised Code in addition to a	28572
nonresident hunting license, an apprentice nonresident hunting	28573
license, a special youth hunting license, or an apprentice youth	28574
hunting license, as applicable, as provided in this section.	28575

No person shall procure or attempt to procure a hunting	28576
license by fraud, deceit, misrepresentation, or any false	28577
statement.	28578

This section does not authorize the taking and possessing of	28579
deer or wild turkeys without first having obtained, in addition to	28580
the hunting license required by this section, a deer or wild	28581
turkey permit as provided in section 1533.11 of the Revised Code	28582
or the taking and possessing of ducks, geese, or brant without	28583
first having obtained, in addition to the hunting license required	28584
by this section, a wetlands habitat stamp as provided in section	28585
1533.112 of the Revised Code.	28586

This section does not authorize the hunting or trapping of	28587
fur-bearing animals without first having obtained, in addition to	28588
a hunting license required by this section, a fur taker permit as	28589
provided in section 1533.111 of the Revised Code.	28590

No hunting license shall be issued unless it is accompanied	28591
by a written explanation of the law in section 1533.17 of the	28592
Revised Code and the penalty for its violation, including a	28593
description of terms of imprisonment and fines that may be	28594
imposed.	28595

No hunting license, other than an apprentice hunting license,	28596
shall be issued unless the applicant presents to the agent	28597
authorized to issue the license a previously held hunting license	28598
or evidence of having held such a license in content and manner	28599
approved by the chief, a certificate of completion issued upon	28600
completion of a hunter education and conservation course approved	28601
by the chief, or evidence of equivalent training in content and	28602
manner approved by the chief. A previously held apprentice hunting	28603
license does not satisfy the requirement concerning the	28604
presentation of a previously held hunting license or evidence of	28605
it.	28606

No person shall issue a hunting license, except an apprentice	28607
hunting license, to any person who fails to present the evidence	28608
required by this section. No person shall purchase or obtain a	28609
hunting license, other than an apprentice hunting license, without	28610
presenting to the issuing agent the evidence required by this	28611
section. Issuance of a hunting license in violation of the	28612
requirements of this section is an offense by both the purchaser	28613
of the illegally obtained hunting license and the clerk or agent	28614
who issued the hunting license. Any hunting license issued in	28615
violation of this section is void.	28616

The chief, with approval of the wildlife council, shall adopt	28617
rules prescribing a hunter education and conservation course for	28618
first-time hunting license buyers, other than buyers of apprentice	28619
hunting licenses, and for volunteer instructors. The course shall	28620
consist of subjects including, but not limited to, hunter safety	28621
and health, use of hunting implements, hunting tradition and	28622
ethics, the hunter and conservation, the law in section 1533.17 of	28623
the Revised Code along with the penalty for its violation,	28624
including a description of terms of imprisonment and fines that	28625
may be imposed, and other law relating to hunting. Authorized	28626
personnel of the division or volunteer instructors approved by the	28627
chief shall conduct such courses with such frequency and at such	28628
locations throughout the state as to reasonably meet the needs of	28629
license applicants. The chief shall issue a certificate of	28630
completion to each person who successfully completes the course	28631
and passes an examination prescribed by the chief.	28632

Sec. 1533.11. (A) ~~Except as provided in this section, no~~(1)	28633
No person shall hunt deer ~~on lands of another~~ without first	28634
obtaining an annual deer permit. ~~Except as provided in this~~	28635
~~section, no~~No person shall hunt wild turkeys ~~on lands of another~~	28636
without first obtaining an annual wild turkey permit. ~~Each~~	28637

(2) Except as otherwise provided in this division, each	28638
applicant for a deer or wild turkey permit shall pay an annual	28639
fee of twenty-three dollars for each permit unless the rules	28640
adopted under division (B) of section 1533.12 of the Revised Code	28641
provide for issuance of a deer or wild turkey permit to the	28642
applicant free of charge. A resident of this state who owns lands	28643
in this state and the owner's children and grandchildren under	28644
eighteen years of age shall procure a landowner deer or	28645
landowner wild turkey permit free of charge in order to hunt	28646
deer or wild turkeys on those lands. A tenant and children of	28647
the tenant residing on lands in this state shall procure a	28648
landowner deer or landowner wild turkey permit free of charge in	28649
order to hunt deer or wild turkeys on those lands. Except as	28650
provided in rules adopted under division (B)(2) of ~~that~~ section	28651
1533.12 of the Revised Code, each applicant who is a resident of	28652
this state and who at the time of application is sixty-six years	28653
of age or older shall procure a senior deer or wild turkey permit	28654
in order to hunt on lands of another, the fee for which shall be	28655
one-half of the regular deer or wild turkey permit fee. Each	28656
applicant who is under the age of eighteen years shall procure a	28657
youth deer or wild turkey permit in order to hunt on lands of	28658
another, the fee for which shall be one-half of the regular deer	28659
or wild turkey permit fee. ~~Except~~	28660

(3) Except as provided in division (A)(2) of section 1533.12	28661
of the Revised Code, a deer or wild turkey permit shall run	28662
concurrently with the hunting license. ~~The~~	28663

(4) The money received shall be paid into the state treasury	28664
to the credit of the wildlife fund, created in section 1531.17 of	28665
the Revised Code, exclusively for the use of the division of	28666
wildlife in the acquisition and development of land for deer or	28667
wild turkey management, for investigating deer or wild turkey	28668
problems, and for the stocking, management, and protection of deer	28669
or wild turkey. ~~Every~~	28670

(5) Every person, while hunting deer or wild turkey ~~on lands~~	28671
~~of another~~, shall carry the person's deer or wild turkey permit	28672
and exhibit it to any enforcement officer so requesting. Failure	28673
to so carry and exhibit such a permit constitutes an offense under	28674
this section. The chief of the division of wildlife shall adopt	28675
any additional rules the chief considers necessary to carry out	28676
this section and section 1533.10 of the Revised Code.	28677

~~The owner and the children of the owner of lands in this~~	28678
~~state may hunt deer or wild turkey thereon without a deer or wild~~	28679
~~turkey permit. The tenant and children of the tenant may hunt deer~~	28680
~~or wild turkey on lands where they reside without a deer or wild~~	28681
~~turkey permit.~~	28682

(B) A deer or wild turkey permit is not transferable. No	28683
person shall carry a deer or wild turkey permit issued in the name	28684
of another person.	28685

(C) The wildlife refunds fund is hereby created in the state	28686
treasury. The fund shall consist of money received from	28687
application fees for deer permits that are not issued. Money in	28688
the fund shall be used to make refunds of such application fees.	28689

Sec. 1541.03. All lands and waters dedicated and set apart	28690
for state park purposes shall be under the control and management	28691
of the division of parks and recreation, which shall protect,	28692
maintain, and keep them in repair. The division shall have the	28693
following powers over all such lands and waters:	28694

(A) To make alterations and improvements;

28695

(B) To construct and maintain dikes, wharves, landings,	28696
docks, dams, and other works;	28697

(C) To construct and maintain roads and drives in, around,	28698
upon, and to the lands and waters to make them conveniently	28699
accessible and useful to the public;	28700

(D) Except as otherwise provided in this section, to adopt,	28701
amend, and rescind, in accordance with Chapter 119. of the Revised	28702
Code, rules necessary for the proper management of state parks,	28703
bodies of water, and the lands adjacent to them under its	28704
jurisdiction and control, including the following:	28705

(1) Governing opening and closing times and dates of the	28706
parks;	28707

(2) Establishing fees and charges for use of facilities in	28708
state parks;	28709

(3) Governing camps, camping, and fees for camps and camping;

28710

(4) Governing the application for and rental of, rental fees	28711
for, and the use of cottages;	28712

(5) Relating to public use of state park lands, and governing	28713
the operation of motor vehicles, including speeds, and parking on	28714
those lands;	28715

(6) Governing all advertising within state parks and the	28716
requirements for the operation of places selling tangible personal	28717
property and control of food service sales on lands and waters	28718
under the control of the division, which rules shall establish	28719
uniform requirements;	28720

(7) Providing uniform standards relating to the size, type,	28721
location, construction, and maintenance of structures and devices	28722
used for fishing or moorage of watercraft, rowboats, sailboats,	28723
and powercraft, as those terms are defined in section 1547.01 of	28724
the Revised Code, over waters under the control of the division	28725
and establishing reasonable fees for the construction of and	28726
annual use permits for those structures and devices;	28727

(8) Governing state beaches, swimming, inflatable devices,	28728
and fees for them;	28729

(9) Governing the removal and disposition of any watercraft,	28730
rowboat, sailboat, or powercraft, as those terms are defined in	28731
section 1547.01 of the Revised Code, left unattended for more than	28732
seven days on any lands or waters under the control of the	28733
division;	28734

(10) Governing the establishment and collection of check	28735
collection charges for checks that are returned to the division or	28736
dishonored for any reason.	28737

(E) To coordinate and plan trails in accordance with section	28738
1519.03 of the Revised Code;	28739

(F) To cooperate with the United States and agencies of it	28740
and with political subdivisions in administering federal	28741
recreation moneys under the "Land and Water Conservation Fund Act	28742
of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and	28743
distribute the statewide comprehensive outdoor recreation plan;	28744
and administer the state recreational vehicle fund created in	28745
section 4519.11 of the Revised Code;	28746

(G) To administer any state or federally funded grant program	28747
that is related to natural resources and recreation as considered	28748
necessary by the director of natural resources;	28749

(H) To assist the department of natural resources and its	28750
divisions by providing department-wide planning, capital	28751
improvements planning, and special purpose planning.	28752

With the approval of the director, the chief of the division	28753
of parks and recreation may enter into contracts or agreements	28754
with any agency of the United States government, any other public	28755
agency, or any private entity or organization for the performance	28756
of the duties of the division.	28757

The division shall adopt rules under this section	28758
establishing a discount program for all persons who are issued a	28759
golden buckeye card under section 173.06 of the Revised Code. The	28760
discount program shall provide a discount for all park services	28761
and rentals, but shall not provide a discount for the purchase of	28762
merchandise.	28763

The division shall not adopt rules establishing fees or	28764
charges for parking a motor vehicle in a state park or for	28765
admission to a state park.	28766

Every resident of this state with a disability that has been	28767
determined by the veterans administration to be permanently and	28768
totally disabling, who receives a pension or compensation from the	28769
veterans administration, and who received an honorable discharge	28770
from the armed forces of the United States, and every veteran to	28771
whom the registrar of motor vehicles has issued a set of license	28772
plates under section 4503.41 of the Revised Code, shall be exempt	28773
from the fees for camping, provided that the resident or veteran	28774
carries in the state park such evidence of the resident's or	28775
veteran's disability as the chief ~~of the division of parks and~~	28776
~~recreation~~ prescribes by rule.	28777

Unless otherwise provided by division rule, every resident of	28778
this state who is sixty-five years of age or older or who is	28779
permanently and totally disabled and who furnishes evidence of	28780
that age or disability in a manner prescribed by division rule	28781
shall be charged one-half of the regular fee for camping, except	28782
on the weekends and holidays designated by the division, and shall	28783
not be charged more than ninety per cent of the regular charges	28784
for state recreational facilities, equipment, services, and food	28785
service operations utilized by the person at any time of year,	28786
whether maintained or operated by the state or leased for	28787
operation by another entity.	28788

As used in this section, "food service operations" means	28789
restaurants that are owned by the department of natural resources	28790
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	28791
parks or are part of a state park lodge. "Food service	28792
operations" does not include automatic vending machines,	28793
concession stands, or snack bars.	28794

As used in this section, "prisoner of war" means any	28795
regularly appointed, enrolled, enlisted, or inducted member of the	28796
military forces of the United States who was captured, separated,	28797
and incarcerated by an enemy of the United States. Any person who	28798
has been a prisoner of war, was honorably discharged from the	28799
military forces, and is a resident of this state is exempt from	28800
the fees for camping. To claim this exemption, the person shall	28801
present written evidence in the form of a record of separation, a	28802
letter from one of the military forces of the United States, or	28803
such other evidence as the chief prescribes by rule that satisfies	28804
the eligibility criteria established by this section.	28805

Sec. 1547.01. (A) As used in sections 1541.03, 1547.26,	28806
1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 1547.543,	28807
1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the Revised	28808
Code, "watercraft" means any of the following when used or capable	28809
of being used for transportation on the water:	28810

(1) A vessel operated by machinery either permanently or	28811
temporarily affixed;	28812

(2) A sailboat other than a sailboard;

28813

(3) An inflatable, manually propelled boat that is required	28814
by federal law to have a hull identification number meeting the	28815
requirements of the United States coast guard;	28816

(4) A canoe or rowboat.

28817

"Watercraft" does not include ferries as referred to in	28818
Chapter 4583. of the Revised Code.	28819

Watercraft subject to section 1547.54 of the Revised Code	28820
shall be divided into five classes as follows:	28821

Class A: Less than sixteen feet in length;

28822

Class 1: At least sixteen feet, but less than twenty-six feet	28823
in length;	28824

Class 2: At least twenty-six feet, but less than forty feet	28825
in length;	28826

Class 3: At least forty feet, but less than sixty-five feet	28827
in length;	28828

Class 4: At least sixty-five feet in length.

28829

(B) As used in this chapter:

28830

(1) "Vessel" includes every description of craft, including	28831
nondisplacement craft and seaplanes, designed to be used as a	28832
means of transportation on water.	28833

(2) "Rowboat" means any vessel, except a canoe, that is	28834
designed to be rowed and that is propelled by human muscular	28835
effort by oars or paddles and upon which no mechanical propulsion	28836
device, electric motor, internal combustion engine, or sail has	28837
been affixed or is used for the operation of the vessel.	28838

(3) "Sailboat" means any vessel, equipped with mast and	28839
sails, dependent upon the wind to propel it in the normal course	28840
of operation.	28841

(a) Any sailboat equipped with an inboard engine is deemed a	28842
powercraft with auxiliary sail.	28843

(b) Any sailboat equipped with a detachable motor is deemed a	28844
sailboat with auxiliary power.	28845

(c) Any sailboat being propelled by mechanical power, whether	28846
under sail or not, is deemed a powercraft and subject to all laws	28847
and rules governing powercraft operation.	28848

(4) "Powercraft" means any vessel propelled by machinery,	28849
fuel, rockets, or similar device.	28850

(5) "Person" includes any legal entity defined as a person in	28851
section 1.59 of the Revised Code and any body politic, except the	28852
United States and this state, and includes any agent, trustee,	28853
executor, receiver, assignee, or other representative thereof.	28854

(6) "Owner" includes any person who claims lawful possession	28855
of a vessel by virtue of legal title or equitable interest therein	28856
that entitled the person to that possession.	28857

(7) "Operator" includes any person who navigates or has under	28858
the person's control a vessel, or vessel and detachable motor, on	28859
the waters in this state.	28860

(8) "Visible" means visible on a dark night with clear	28861
atmosphere.	28862

(9) "Waters in this state" means all streams, rivers, lakes,	28863
ponds, marshes, watercourses, waterways, and other bodies of	28864
water, natural or humanmade, that are situated wholly or partially	28865
within this state or within its jurisdiction and are used for	28866
recreational boating.	28867

(10) "Navigable waters" means waters that come under the	28868
jurisdiction of the department of the army of the United States	28869
and any waterways within or adjacent to this state, except inland	28870
lakes having neither a navigable inlet nor outlet.	28871

(11) "In operation" in reference to a vessel means that the	28872
vessel is being navigated or otherwise used on the waters in this	28873
state.	28874

(12) "Sewage" means human body wastes and the wastes from	28875
toilets and other receptacles intended to receive or retain body	28876
waste.	28877

(13) "Canoe" means a narrow vessel of shallow draft, pointed	28878
at both ends and propelled by human muscular effort, and includes	28879
kayaks, racing shells, and rowing sculls.	28880

(14) "Coast guard approved" means bearing an approval number	28881
assigned by the United States coast guard.	28882

(15) "Type one personal flotation device" means a device that	28883
is designed to turn an unconscious person floating in water from a	28884
face downward position to a vertical or slightly face upward	28885
position and that has at least nine kilograms, approximately	28886
twenty pounds, of buoyancy.	28887

(16) "Type two personal flotation device" means a device that	28888
is designed to turn an unconscious person in the water from a face	28889
downward position to a vertical or slightly face upward position	28890
and that has at least seven kilograms, approximately fifteen and	28891
four-tenths pounds, of buoyancy.	28892

(17) "Type three personal flotation device" means a device	28893
that is designed to keep a conscious person in a vertical or	28894
slightly face upward position and that has at least seven	28895
kilograms, approximately fifteen and four-tenths pounds, of	28896
buoyancy.	28897

(18) "Type four personal flotation device" means a device	28898
that is designed to be thrown to a person in the water and not	28899
worn and that has at least seven and five-tenths kilograms,	28900
approximately sixteen and five-tenths pounds, of buoyancy.	28901

(19) "Type five personal flotation device" means a device	28902
that, unlike other personal flotation devices, has limitations on	28903
its approval by the United States coast guard, including, without	28904
limitation, all of the following:	28905

(a) The approval label on the type five personal flotation	28906
device indicates that the device is approved for the activity in	28907
which the vessel is being used or as a substitute for a personal	28908
flotation device of the type required on the vessel in use.	28909

(b) The personal flotation device is used in accordance with	28910
any requirements on the approval label.	28911

(c) The personal flotation device is used in accordance with	28912
requirements in its owner's manual if the approval label refers to	28913
such a manual.	28914

(20) "Inflatable watercraft" means any vessel constructed of	28915
rubber, canvas, or other material that is designed to be inflated	28916
with any gaseous substance, constructed with two or more air	28917
cells, and operated as a vessel. Inflatable watercraft propelled	28918
by a motor shall be classified as powercraft and shall be	28919
registered by length. Inflatable watercraft propelled by a sail	28920
shall be classified as a sailboat and shall be registered by	28921
length.	28922

(21) "Idle speed" means the slowest possible speed needed to	28923
maintain steerage or maneuverability.	28924

(22) "Diver's flag" means a red flag not less than one foot	28925
square having a diagonal white stripe extending from the masthead	28926
to the opposite lower corner that when displayed indicates that	28927
divers are in the water.	28928

(23) "Muffler" means an acoustical suppression device or	28929
system that is designed and installed to abate the sound of	28930
exhaust gases emitted from an internal combustion engine and that	28931
prevents excessive or unusual noise.	28932

(24) "Law enforcement vessel" means any vessel used in law	28933
enforcement and under the command of a law enforcement officer.	28934

(25) "Personal watercraft" means a vessel, less than sixteen	28935
feet in length, that is propelled by machinery and designed to be	28936
operated by an individual sitting, standing, or kneeling on the	28937
vessel rather than by an individual sitting or standing inside the	28938
vessel.	28939

(26) "No wake" has the same meaning as "idle speed."

28940

(27) "Watercraft dealer" means any person who is regularly	28941
engaged in the business of manufacturing, selling, displaying,	28942
offering for sale, or dealing in vessels at an established place	28943
of business. "Watercraft dealer" does not include a person who is	28944
a marine salvage dealer or any other person who dismantles,	28945
salvages, or rebuilds vessels using used parts.	28946

(28) "Electronic" includes electrical, digital, magnetic,	28947
optical, electromagnetic, or any other form of technology that	28948
entails capabilities similar to these technologies.	28949

(29) "Electronic record" means a record generated,	28950
communicated, received, or stored by electronic means for use in	28951
an information system or for transmission from one information	28952
system to another.	28953

(30) "Electronic signature" means a signature in electronic	28954
form attached to or logically associated with an electronic	28955
record.	28956

(31) "Drug of abuse" has the same meaning as in section	28957
4506.01 of the Revised Code.	28958

~~(C) Unless otherwise provided, this chapter applies to all~~	28959
~~vessels operating on the waters in this state. Nothing in this~~	28960
~~chapter shall be construed in contravention of any valid federal~~	28961
~~act or regulation, but is in addition to the act or regulation~~	28962
~~where not inconsistent.~~	28963

~~The state reserves to itself the exclusive right to regulate~~	28964
~~the minimum equipment requirements of watercraft and vessels~~	28965
~~operated on the waters in this state.~~	28966

(32) "Watercourse" means a substantially natural channel with	28967
recognized banks and bottom in which a flow of water occurs, with	28968
an average of at least ten feet mean surface water width and at	28969
least five miles of length.	28970

(33) "Impoundment" means the reservoir created by a dam or	28971
other artificial barrier across a watercourse that causes water to	28972
be stored deeper than and generally beyond the banks of the	28973
natural channel of the watercourse during periods of normal flow,	28974
but does not include water stored behind rock piles, rock riffle	28975
dams, and low channel dams where the depth of water is less than	28976
ten feet above the channel bottom and is essentially confined	28977
within the banks of the natural channel during periods of normal	28978
stream flow.	28979

(34) "Wild river area" means an area declared a wild river	28980
area by the director of natural resources under this chapter and	28981
includes those rivers or sections of rivers that are free of	28982
impoundments and generally inaccessible except by trail, with	28983
watersheds or shorelines essentially primitive and waters	28984
unpolluted, representing vestiges of primitive America.	28985

(35) "Scenic river area" means an area declared a scenic	28986
river area by the director under this chapter and includes those	28987
rivers or sections of rivers that are free of impoundments, with	28988
shorelines or watersheds still largely primitive and shorelines	28989
largely undeveloped, but accessible in places by roads.	28990

(36) "Recreational river area" means an area declared a	28991
recreational river area by the director under this chapter and	28992
includes those rivers or sections of rivers that are readily	28993
accessible by road or railroad, that may have some development	28994
along their shorelines, and that may have undergone some	28995
impoundment or diversion in the past.	28996

Sec. 1547.02. Unless otherwise provided, this chapter applies	28997
to all vessels operating on the waters in this state. Nothing in	28998
this chapter shall be construed in contravention of any valid	28999
federal act or regulation, but is in addition to the act or	29000
regulation where not inconsistent.	29001

The state reserves to itself the exclusive right to regulate	29002
the minimum equipment requirements of watercraft and vessels	29003
operated on the waters in this state.	29004

Sec. 1547.51. There is hereby created within the department	29005
of natural resources the division of watercraft. The division	29006
shall ~~administer~~do all of the following:	29007

(A) Administer and enforce all laws relative to the	29008
identification, numbering, registration, titling, use, and	29009
operation of vessels operated on the waters in this state ~~and,~~	29010
~~with the approval of the director of natural resources, educate~~;	29011

(B) Educate and inform the citizens of the state about, and	29012
promote, conservation, navigation, safety practices, and the	29013
benefits of recreational boating;	29014

(C) Provide wild, scenic, and recreational river area	29015
conservation education and provide for corridor protection,	29016
restoration, habitat enhancement, and clean-up projects in wild	29017
river areas, scenic river areas, and recreational river areas;	29018

(D) Provide for and assist in the development, maintenance,	29019
and operation of marine recreational facilities, docks, launching	29020
facilities, and harbors for the benefit of public navigation,	29021
recreation, or commerce if the chief of the division of watercraft	29022
determines that they are in the best interests of the state.	29023

Sec. 1547.52. (A) The division of watercraft shall be	29024
administered by the chief of the division of watercraft. The chief	29025
may adopt, amend, and rescind:	29026

(1) Rules considered necessary by the chief to supplement the	29027
identification, operation, titling, use, registration, and	29028
numbering of watercraft or vessels as provided in this chapter and	29029
Chapter 1548. of the Revised Code;	29030

(2) Rules governing the navigation of vessels on waters in	29031
this state, including, but not limited to, rules regarding	29032
steering and sailing, the conduct of vessels in sight of one	29033
another or in restricted visibility, lights and shapes of lights	29034
used on vessels, and sound and light signals. As the chief	29035
considers necessary, these navigational rules shall be consistent	29036
with and equivalent to the regulations and interpretive rulings	29037
governing inland waters adopted or issued under the "Inland	29038
Navigational Rules Act of 1980," 94 Stat. 3415, 33 U.S.C.A. 151,	29039
1604, 1605, 1608, 2001 to 2008, and 2071 to 2073.	29040

(3) Rules governing the use, visitation, protection, and	29041
administration of wild river areas, scenic river areas, and	29042
recreational river areas;	29043

(4) Rules establishing fees and charges for all of the	29044
following:	29045

(a) Boating skill development classes and other educational	29046
classes;	29047

(b) Law enforcement services provided at special events when	29048
the services are in addition to normal enforcement duties;	29049

(c) Inspections of vessels or motors conducted under this	29050
chapter or Chapter 1548. of the Revised Code;	29051

(d) The conducting of stream impact reviews of any planned or	29052
proposed construction, modification, renovation, or development	29053
project that may potentially impact a watercourse within a	29054
designated wild, scenic, or recreational river area.	29055

All rules adopted by the chief under division (A) of this	29056
section shall be adopted in accordance with Chapter 119. of the	29057
Revised Code and are subject to the prior approval of the director	29058
of natural resources.	29059

(B) The chief, with the approval of the director, may employ	29060
such clerical and technical help as the chief considers necessary.	29061

(C) The chief may designate license agents with the approval	29062
of the director.	29063

(D) The division is hereby designated as the agency to	29064
administer the Ohio boating safety program and allocated federal	29065
funds under, and the chief shall prepare and submit reports in	29066
such form as may be required by, the "Federal Boat Safety Act of	29067
1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended.	29068

(E) The chief may sell any of the following:

29069

(1) Items related to or that promote boating safety,	29070
including, but not limited to, pins, badges, books, bulletins,	29071
maps, publications, calendars, and other educational articles;	29072

(2) Artifacts pertaining to boating;

29073

(3) Confiscated or forfeited items;

29074

(4) Surplus equipment.

29075

Sec. 1547.531. (A)(1) Except as provided in division (A)(2)	29076
or (B) of this section, no person shall operate or give permission	29077
for the operation of any watercraft on the waters in this state	29078
unless the watercraft is registered in the name of the current	29079
owner in accordance with section 1547.54 of the Revised Code, and	29080
the registration is valid and in effect.	29081

(2) On and after January 1, 1999, if a watercraft that is	29082
required to be issued a certificate of title under Chapter 1548.	29083
of the Revised Code is transferred to a new owner, it need not be	29084
registered under section 1547.54 of the Revised Code for	29085
forty-five days following the date of the transfer, provided that	29086
the new owner purchases a temporary watercraft registration under	29087
division (A) of this section or holds a bill of sale from a	29088
watercraft dealer.	29089

For the purposes of division (A)(2) of this section, a	29090
temporary watercraft registration or a bill of sale from a	29091
watercraft dealer shall contain at least all of the following	29092
information:	29093

(a) The hull identification number or serial number of the	29094
watercraft;	29095

(b) The make of the watercraft;

29096

29097

(d) The type of propulsion, if any;

29098

(e) The state in which the watercraft principally is	29099
operated;	29100

(f) The name of the owner;

29101

(g) The address of the owner, including the zip code;

29102

(h) The signature of the owner;

29103

(i) The date of purchase;

29104

(j) A notice to the owner that the temporary watercraft	29105
registration expires forty-five days after the date of purchase of	29106
the watercraft or that the watercraft cannot be operated on the	29107
waters in this state solely under the bill of sale beginning	29108
forty-five days after the date of purchase of the watercraft, as	29109
applicable.	29110

(3) A person may purchase a temporary watercraft registration	29111
from the chief of the division of watercraft or from an authorized	29112
agent designated under section 1547.54 of the Revised Code. The	29113
chief shall furnish forms for temporary watercraft registrations	29114
to authorized agents. In addition to completing the registration	29115
form with the information specified in divisions (A)(2)(a) to (i)	29116
of this section, the person shall pay one of the applicable fees	29117
required under divisions (A)(2)(a) to (g) of section 1547.54 of	29118
the Revised Code as provided in that section.	29119

Moneys received for the payment of temporary watercraft	29120
registrations shall be deposited to the credit of the waterways	29121
safety fund created in section 1547.75 of the Revised Code.	29122

(4) In addition to the applicable fee required under division	29123
(A)(3) of this section, the chief or an authorized agent shall	29124
charge an additional writing fee of three dollars for a temporary	29125
watercraft registration that the chief or the authorized agent	29126
issues. When the temporary watercraft registration is issued by	29127
an authorized agent, the agent may retain the additional writing	29128
fee. When the temporary watercraft registration is issued by the	29129
chief, the additional writing fee shall be deposited to the credit	29130
of the waterways safety fund.	29131

(5) A person who purchases a temporary watercraft	29132
registration for a watercraft and who subsequently applies for a	29133
registration certificate under section 1547.54 of the Revised Code	29134
need not pay the fee required under division (A)(2) of that	29135
section for the initial registration certificate issued for that	29136
watercraft, provided that at the time of application for the	29137
registration certificate, the person furnishes proof of payment	29138
for the temporary watercraft registration.	29139

(6) A person who purchases a temporary watercraft	29140
registration, who subsequently applies for a registration	29141
certificate under section 1547.54 of the Revised Code, and who is	29142
exempt from payment for the registration certificate under	29143
division ~~(O)~~(P) of that section may apply to the chief for a	29144
refund of the amount paid for the temporary watercraft	29145
registration at the time that the person applies for a	29146
registration certificate. The chief shall refund that amount upon	29147
issuance to the person of a registration certificate.	29148

(7) All records of the division of watercraft made or	29149
maintained for the purposes of divisions (A)(2) to (8) of this	29150
section are public records. The records shall be available for	29151
inspection at reasonable hours and in a manner that is compatible	29152
with normal operations of the division.	29153

(8) Pursuant to division (A)(1) of section 1547.52 of the	29154
Revised Code, the chief may adopt rules establishing all of the	29155
following:	29156

(a) Record-keeping requirements governing the issuance of	29157
temporary watercraft registrations and the use of bills of sale	29158
from watercraft dealers for the purposes of division (A)(2) of	29159
this section;	29160

(b) Procedures and requirements for the refund of fees under	29161
division (A)(6) of this section;	29162

(c) Any other procedures and requirements necessary for the	29163
administration and enforcement of divisions (A)(2) to (8) of this	29164
section.	29165

(B) All of the following watercraft are exempt from	29166
registration:	29167

(1) Those that are exempt from numbering by the state under	29168
divisions (B) to (G) of section 1547.53 of the Revised Code;	29169

(2) Those that have been issued a commercial documentation by	29170
the United States coast guard or its successor and are used	29171
exclusively for commercial purposes;	29172

(3) Those that have been documented by the United States	29173
coast guard or its successor as temporarily transitting, whose	29174
principal use is not on the waters in this state, and that have	29175
not been used within this state for more than sixty days.	29176

(C) No person shall operate a watercraft documented by the	29177
United States coast guard or its successor unless the certificate	29178
of documentation is valid, is on the watercraft for which it has	29179
been issued, and is available for inspection whenever the	29180
watercraft is in operation. In accordance with 46 C.F.R. part 67,	29181
as amended, the watercraft shall display the official number, the	29182
vessel name, and the home port listed on the certificate of	29183
documentation.	29184

(D)(1) For the purposes of this section and section 1547.53	29185
of the Revised Code, a watercraft is principally using the waters	29186
in this state if any of the following applies:	29187

(a) The owner resides in this state and declares that the	29188
watercraft principally is using the waters in this state.	29189

(b) The owner resides in another state, but declares that the	29190
watercraft principally is using the waters in this state.	29191

(c) The watercraft is registered in another state or	29192
documented by the United States coast guard and is used within	29193
this state for more than sixty days regardless of whether it has	29194
been assigned a seasonal or permanent mooring at any public or	29195
private docking facility in this state.	29196

(2) Notwithstanding division (D)(1)(c) of this section, a	29197
person on active duty in the armed forces of the United States may	29198
register a watercraft in the person's state of permanent residence	29199
in lieu of registering it in this state regardless of the number	29200
of days that the watercraft is used in this state.	29201

Sec. 1547.54. (A)(1) Except as otherwise provided in section	29202
1547.542 of the Revised Code, the owner of every watercraft	29203
requiring registration under this chapter shall file an	29204
application for a triennial registration certificate with the	29205
chief of the division of watercraft on forms that shall be	29206
provided by the chief or by an electronic means approved by the	29207
chief. The application shall be signed by the following:	29208

(a) If the watercraft is owned by two persons under joint	29209
ownership with right of survivorship established under section	29210
2131.12 of the Revised Code, by both of those persons as owners of	29211
the watercraft. The signatures may be done by electronic signature	29212
if the owners themselves are renewing the registration and there	29213
are no changes in the registration information since the issuance	29214
of the immediately preceding registration certificate. In all	29215
other instances, the signatures shall be done manually.	29216

(b) If the watercraft is owned by a minor, by the minor and a	29217
parent or legal guardian. The signatures may be done by electronic	29218
signature if the parent or legal guardian and the minor themselves	29219
are renewing the registration and there are no changes in the	29220
registration information since the issuance of the immediately	29221
preceding registration certificate. In all other instances, the	29222
signatures shall be done manually.	29223

(c) In all other cases, by the owner of the watercraft. The	29224
signature may be done by electronic signature if the owner is	29225
renewing the registration personally and there are no changes in	29226
the registration information since the issuance of the immediately	29227
preceding registration certificate. In all other instances, the	29228
signatures shall be done manually.	29229

(2) An application for a triennial registration of a	29230
watercraft filed under division (A)(1) of this section shall be	29231
accompanied by the following fee:	29232

(a) For canoes, rowboats, and inflatable watercraft that are	29233
numbered under section 1547.53 of the Revised Code, twelve	29234
dollars;	29235

(b) For canoes, row boats, and inflatable watercraft that are	29236
not numbered under section 1547.53 of the Revised Code, seventeen	29237
dollars;	29238

(c) For class A watercraft, including motorized canoes,	29239
thirty dollars;	29240

(d) For class 1 watercraft, forty-five dollars;

29241

(e) For class 2 watercraft, sixty dollars;

29242

(f) For class 3 watercraft, seventy-five dollars;

29243

(g) For class 4 watercraft, ninety dollars.

29244

(3) For the purpose of registration, any watercraft operated	29245
by means of power, sail, or any other mechanical or electrical	29246
means of propulsion, except motorized canoes, shall be registered	29247
by length as prescribed in this section.	29248

(4) If an application for registration is filed by two	29249
persons as owners under division (A)(1)(a) of this section, the	29250
person who is listed first on the title shall serve as and perform	29251
the duties of the "owner" and shall be considered the person "in	29252
whose name the watercraft is registered" for purposes of divisions	29253
(B) to ~~(Q)~~(R) of this section and for purposes of all other	29254
sections in this chapter.	29255

(B) All registration certificates issued under this section	29256
are valid for three years and are renewable on a triennial basis	29257
unless sooner terminated or discontinued in accordance with this	29258
chapter. The renewal date shall be printed on the registration	29259
certificate. A registration certificate may be renewed by the	29260
owner in the manner prescribed by the chief. All fees shall be	29261
charged according to a proration of the time remaining in the	29262
registration cycle to the nearest year.	29263

(C) In addition to the fees set forth in this section, the	29264
chief, or any authorized agent, shall charge an additional writing	29265
fee of three dollars for any registration certificate the chief or	29266
authorized agent issues. When the registration certificate is	29267
issued by an authorized agent, the additional writing fee of three	29268
dollars shall be retained by the issuing agent. When the	29269
registration certificate is issued by the chief, the additional	29270
writing fee of three dollars shall be deposited to the credit of	29271
the waterways safety fund established in section 1547.75 of the	29272
Revised Code.	29273

(D) In addition to the fees established in this section,	29274
watercraft that are not powercraft shall be charged a waterways	29275
conservation assessment fee of five dollars. The fee shall be	29276
collected at the time of the issuance of a triennial watercraft	29277
registration under division (A)(2) of this section and deposited	29278
in the state treasury and credited to a distinct account in the	29279
waterways safety fund created in section 1547.75 of the Revised	29280
Code.	29281

(E)(1) Upon receipt of the application in approved form, the	29282
chief shall enter the same upon the records of the office of the	29283
division of watercraft, assign a number to the watercraft if a	29284
number is required under section 1547.53 of the Revised Code, and	29285
issue to the applicant a registration certificate. If a number is	29286
assigned by the chief, it shall be set forth on the certificate.	29287
The registration certificate shall be on the watercraft for which	29288
it is issued and available at all times for inspection whenever	29289
the watercraft is in operation, except that livery operators may	29290
retain the registration certificate at the livery where it shall	29291
remain available for inspection at all times and except as	29292
otherwise provided in division ~~(D)~~(E)(2) of this section.	29293

(2) A person who is operating on the waters of this state a	29294
canoe, rowboat, or inflatable watercraft that has not been	29295
numbered under section 1547.53 of the Revised Code and who is	29296
stopped by a law enforcement officer in the enforcement of this	29297
chapter or rules adopted under it shall present to the officer,	29298
not later than seventy-two hours after being stopped, a	29299
registration certificate. The registration certificate shall have	29300
been obtained under this section for the canoe, rowboat, or	29301
inflatable watercraft prior to the time that it was stopped.	29302
Failure of the person to present the registration certificate	29303
within seventy-two hours constitutes prima-facie evidence of a	29304
violation of this section.	29305

~~(E)~~(F) No person shall issue or be issued a registration	29306
certificate for a watercraft that is required to be issued a	29307
certificate of title under Chapter 1548. of the Revised Code	29308
except upon presentation of a certificate of title for the	29309
watercraft as provided in that chapter, proof of current	29310
documentation by the United States coast guard, a renewal	29311
registration form provided by the division of watercraft, or a	29312
certificate of registration issued under this section that has	29313
expired if there is no change in the ownership or description of	29314
the watercraft.	29315

~~(F)~~(G) Whenever the ownership of a watercraft changes, a new	29316
application form together with the prescribed fee shall be filed	29317
with the chief or the chief's agent and a new registration	29318
certificate shall be issued. The application shall be signed	29319
manually by the person or persons specified in divisions (A)(1)(a)	29320
to (c) of this section and shall be accompanied by a two-dollar	29321
transfer fee. Any remaining time on the registration shall be	29322
transferred. An authorized agent of the chief shall charge an	29323
additional writing fee of three dollars, which shall be retained	29324
by the issuing agent. If the certificate is issued by the chief,	29325
an additional writing fee of three dollars for each certificate	29326
issued shall be collected and deposited to the credit of the	29327
waterways safety fund.	29328

~~(G)~~(H) If an agency of the United States has in force an	29329
overall system of identification numbering for watercraft or	29330
certain types of watercraft within the United States, the	29331
numbering system employed by the division shall be in conformity	29332
with that system.	29333

~~(H)~~(I)(1) The chief may assign any registration certificates	29334
to any authorized agent for the assignment of the registration	29335
certificates. If a person accepts that authorization, the person	29336
may be assigned a block of numbers and certificates that upon	29337
assignment, in conformity with this chapter and Chapter 1548. of	29338
the Revised Code and with rules of the division, shall be valid as	29339
if assigned directly by the division. Any person so designated as	29340
an agent by the chief shall post with the division security as may	29341
be required by the director of natural resources. The chief may	29342
issue an order temporarily or permanently restricting or	29343
suspending an agent's authorization without a hearing if the chief	29344
finds that the agent has violated this chapter or Chapter 1548. of	29345
the Revised Code, rules adopted under them, or any agreements	29346
prescribed by the chief.	29347

(2) A clerk of the court of common pleas may apply for	29348
designation as an authorized agent of the chief. The division	29349
shall accept the clerk's bond that is required under section	29350
2303.02 of the Revised Code for any security that is required for	29351
agents under this division, provided that the bond includes a	29352
rider or other provision specifically covering the clerk's duties	29353
as an authorized agent of the chief.	29354

~~(I)~~(J) All records of the division made or kept pursuant to	29355
this section shall be public records. Those records shall be	29356
available for inspection at reasonable hours and in a manner	29357
compatible with normal operations of the division.	29358

~~(J)~~(K) The owner shall furnish the division notice within	29359
fifteen days of the following:	29360

(1) The transfer, other than through the creation of a	29361
security interest in any watercraft, of all or any part of the	29362
owner's interest or, if the watercraft is owned by two persons	29363
under joint ownership with right of survivorship established under	29364
section 2131.12 of the Revised Code, of all or any part of the	29365
joint interest of either of the two persons. The transfer shall	29366
not terminate the registration certificate.	29367

(2) Any change in the address appearing on the certificate .	29368
As a part of the notification, the owner shall furnish the chief	29369
with the owner's new address.	29370

(3) The destruction or abandonment of the watercraft.

29371

~~(K)~~(L) The chief may issue duplicate registration	29372
certificates or duplicate tags to owners of currently registered	29373
watercraft, the fee for which shall be four dollars.	29374

~~(L)~~(M) If the chief finds that a registration certificate	29375
previously issued to an owner is in error to a degree that would	29376
impair its basic purpose and use, the chief may issue a corrected	29377
certificate to the owner without charge.	29378

~~(M)~~(N) No authorized agent shall issue and no person shall	29379
receive or accept from an authorized agent a registration	29380
certificate assigned to the authorized agent under division ~~(H)~~(I)	29381
of this section unless the exact month, day, and year of issue are	29382
plainly written on the certificate by the agent. Certificates	29383
issued with incorrect dates of issue are void from the time they	29384
are issued.	29385

~~(N)~~(O) The chief, in accordance with Chapter 119. of the	29386
Revised Code, shall adopt rules governing the renewal of	29387
watercraft registrations by electronic means.	29388

~~(O)~~(P) As used in this section:

29389

(1) "Disabled veteran" means a person who is included in	29390
either of the following categories:	29391

(a) Because of a service-connected disability, has been or is	29392
awarded funds for the purchase of a motor vehicle under the	29393
"Disabled Veterans' and Servicemen's Automobile Assistance Act of	29394
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;	29395

(b) Has a service-connected disability rated at one hundred	29396
per cent by the veterans administration.	29397

(2) "Prisoner of war" means any regularly appointed,	29398
enrolled, enlisted, or inducted member of the military forces of	29399
the United States who was captured, separated, and incarcerated by	29400
an enemy of the United States at any time, and any regularly	29401
appointed, enrolled, or enlisted member of the military forces of	29402
Great Britain, France, Australia, Belgium, Brazil, Canada, China,	29403
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland,	29404
South Africa, or the republics formerly associated with the Union	29405
of Soviet Socialist Republics or Yugoslavia who was a citizen of	29406
the United States at the time of the appointment, enrollment, or	29407
enlistment, and was captured, separated, and incarcerated by an	29408
enemy of this country during World War II.	29409

~~(P)~~(Q) Any disabled veteran, congressional medal of honor	29410
awardee, or prisoner of war may apply to the chief for a	29411
certificate of registration, or for a renewal of the certificate	29412
of registration, without the payment of any fee required by this	29413
section. The application for a certificate of registration shall	29414
be accompanied by evidence of disability or by documentary	29415
evidence in support of a congressional medal of honor that the	29416
chief requires by rule. The application for a certificate of	29417
registration by any person who has been a prisoner of war shall be	29418
accompanied by written evidence in the form of a record of	29419
separation, a letter from one of the armed forces of a country	29420
listed in division ~~(O)~~(P)(2) of this section, or other evidence	29421
that the chief may require by rule, that the person was honorably	29422
discharged or is currently residing in this state on active duty	29423
with one of the branches of the armed forces of the United States,	29424
or was a prisoner of war and was honorably discharged or received	29425
an equivalent discharge or release from one of the armed forces of	29426
a country listed in division ~~(O)~~(P)(2) of this section.	29427

~~(Q)~~(R) Annually by the fifteenth day of January, the director	29428
of natural resources shall determine the amount of fees that would	29429
have been collected in the prior calendar year for each	29430
certificate of registration issued or renewed pursuant to division	29431
~~(P)~~(Q) of this section and shall certify the total amount of	29432
foregone revenue to the director of budget and management for	29433
reimbursement. The director of budget and management shall	29434
transfer the amount certified from the general revenue fund to the	29435
waterways safety fund ~~created pursuant to section 1547.75 of the~~	29436
~~Revised Code~~.	29437

Sec. 1547.542. Any person or organization owning any number	29438
of canoes, rowboats, inflatable watercraft, or sailboats for the	29439
purpose of rental to the public may apply with the chief of the	29440
division of watercraft for and receive an annual certificate of	29441
livery registration. No watercraft shall be rented to the public	29442
from a livery or other place of business in this state unless it	29443
first has been numbered and registered in accordance with this	29444
section or section 1547.54 of the Revised Code. Certificates of	29445
livery registration shall be issued by an authorized agent who is	29446
selected by the chief from among those designated under section	29447
1547.54 of the Revised Code. The certificate shall display the	29448
name of the owner of the livery, the date of issuance, the date of	29449
expiration, the number of watercraft registered, the fee paid, an	29450
authorized facsimile of the signature of the chief provided by the	29451
authorized agent who is selected to issue the certificate, and the	29452
signature of the livery owner. The certificate shall bear the	29453
livery watercraft registration number assigned to the livery	29454
owner, which shall be displayed in accordance with section 1547.57	29455
of the Revised Code on each watercraft in the fleet for which the	29456
certificate was issued. The owner of a livery shall obtain an	29457
amended certificate of livery registration from the chief whenever	29458
the composition of the fleet changes.	29459

The fee for each watercraft registered under this section	29460
shall be an annual registration fee. The fee shall be one-third of	29461
the triennial registration fees prescribed in section 1547.54 of	29462
the Revised Code. However, if the size of the fleet does not	29463
increase, the fee for an amended certificate of livery	29464
registration shall be the fee prescribed for issuing a duplicate	29465
registration certificate under section 1547.54 of the Revised	29466
Code, and the chief shall not refund to the livery owner all or	29467
any portion of an annual registration fee applicable to a	29468
watercraft transferred or abandoned by the livery owner. If the	29469
size of the fleet increases, the livery owner shall be required to	29470
pay the applicable annual registration fee for each watercraft	29471
registered under an amended certificate of livery registration	29472
that is in excess of the number of watercraft contained in the	29473
annual certificate of livery registration.	29474

In addition to the fees established in this section,	29475
watercraft that are not powercraft shall be charged a waterways	29476
conservation assessment fee. The fee shall be collected at the	29477
time of the issuance of an annual livery registration under this	29478
section and shall be one dollar and fifty cents for each	29479
watercraft included in the registration. The fee shall be	29480
deposited in the state treasury and credited to a distinct account	29481
in the waterways safety fund created in section 1547.75 of the	29482
Revised Code.	29483

The certificate of livery registration, rental receipts, and	29484
required safety equipment are subject to inspection at any time at	29485
the livery's place of business by any authorized representative of	29486
the division of watercraft or any law enforcement officer in	29487
accordance with section 1547.63 of the Revised Code.	29488

Except as provided in this section, all watercraft registered	29489
under this section are subject to this chapter and Chapter 1548.	29490
of the Revised Code.	29491

The chief may issue an order temporarily or permanently	29492
restricting or suspending a livery certificate of registration and	29493
the privileges associated with it without a hearing if the chief	29494
finds that the holder of the certificate has violated this	29495
chapter.	29496

Sec. 1547.73. There is hereby created in the division of	29497
watercraft, a waterways safety council composed of five members	29498
appointed by the governor with the advice and consent of the	29499
senate. Not more than three of such appointees shall belong to the	29500
same political party. Terms of office shall be for five years,	29501
commencing on the first day of February and ending on the	29502
thirty-first day of January~~, except that upon expiration of the~~	29503
~~term ending February 4, 1973, the new term which succeeds it shall~~	29504
~~commence on February 5, 1973 and end on January 31, 1978; upon~~	29505
~~expiration of the term ending February 3, 1974, the new term which~~	29506
~~succeeds it shall commence on February 4, 1974 and end on January~~	29507
~~31, 1979; upon expiration of the term ending February 2, 1975, the~~	29508
~~new term which succeeds it shall commence on February 3, 1975 and~~	29509
~~end on January 31, 1980; and upon expiration of the term ending~~	29510
~~February 6, 1977, the new term which succeeds it shall commence on~~	29511
~~February 7, 1977 and end on January 31, 1982~~. Each member shall	29512
hold office from the date of ~~his~~ appointment until the end of the	29513
term for which hethe member was appointed. The chief of the	29514
division of watercraft shall act as secretary of the council. In	29515
the event of the death, removal, resignation, or incapacity of a	29516
member of the council, the governor, with the advice and consent	29517
of the senate, shall appoint a successor to fill the unexpired	29518
term who shall hold office for the remainder of the term for which	29519
~~his~~the member's predecessor was appointed. Any member shall	29520
continue in office subsequent to the expiration date of ~~his~~the	29521
member's term until ~~his~~the member's successor takes office, or	29522
until a period of sixty days has elapsed, whichever occurs first.	29523
The governor may remove any appointed member of the council for	29524
misfeasance, nonfeasance, or malfeasance in office.	29525

The council may:

29526

(A) Advise with and recommend to the chief as to plans and	29527
~~program~~programs for the construction, maintenance, repair, and	29528
operation of refuge harbors and other projects for the harboring,	29529
mooring, docking, and storing of light draft vessels as provided	29530
in sections 1547.71, 1547.72, and 1547.78 of the Revised Code;	29531

(B) Advise with and recommend to the chief as to the methods	29532
of coordinating the shore erosion projects of the department of	29533
natural resources with the refuge of light draft vessel harbor	29534
projects;	29535

(C) Advise with and recommend to the chief as to plans and	29536
programs for the acquisition, protection, construction,	29537
maintenance, and administration of wild river areas, scenic river	29538
areas, and recreational river areas;	29539

(D) Consider and make recommendations upon any matter which	29540
is brought to its attention by any person or ~~which~~that the chief	29541
may submit to it;	29542

~~(D)~~(E) Submit to the governor biennially recommendations for	29543
amendments to the laws of the state relative to refuge and light	29544
draft vessel harbor projects.	29545

Before entering upon the discharge of ~~his~~official duties,	29546
each member of the council shall take and subscribe to an oath of	29547
office, which oath, in writing, shall be filed in the office of	29548
the secretary of state.	29549

The members of the council shall serve without compensation,	29550
but shall be entitled to receive their actual and necessary	29551
expenses incurred in the performance of their official duties from	29552
the waterways safety fund as provided in section 1547.75 of the	29553
Revised Code.	29554

The council shall, by a majority vote of all its members,	29555
adopt and amend bylaws.	29556

To be eligible for appointment as a member of the council, a	29557
person shall be a citizen of the United States,and an elector of	29558
the state, and possess a knowledge of and have an interest in	29559
small boat operations.	29560

The council shall hold at least four regular quarterly	29561
meetings each year. Special meetings shall be held at such times	29562
as the bylaws of the council provide, or at the behest of a	29563
majority of its members. Notices of all meetings shall be given in	29564
such manner as the bylaws provide. The council shall choose	29565
annually from among its members a ~~chairman~~chairperson to preside	29566
over its meetings. A majority of the members of the council shall	29567
constitute a quorum. No advice shall be given or recommendation	29568
made without a majority of the members of the council concurring	29569
therein.	29570

~~Sec. 1517.14.~~ Sec. 1547.81. ~~As used in sections 1517.14 to 1517.18~~	29571
~~of the Revised Code, "watercourse" means a substantially natural~~	29572
~~channel with recognized banks and bottom, in which a flow of~~	29573
~~water occurs, with an average of at least ten feet mean surface~~	29574
~~water width and at least five miles of length.~~ The director of	29575
natural resources or the director's representative may create,	29576
supervise, operate, protect, and maintain wild, scenic, and	29577
recreational river areas ~~under the classifications established in~~	29578
~~section 1517.15 of the Revised Code~~. In creating wild, scenic, and	29579
recreational river areas, the director shall classify each such	29580
area as either a wild river area, a scenic river area, or a	29581
recreational river area. The director or the director's	29582
representative may prepare and maintain a plan for the	29583
establishment, development, use, and administration of those	29584
areas as a part of the comprehensive state plans for water	29585
management and outdoor recreation. The director or the director's	29586
representative may cooperate with federal agencies administering	29587
any federal program concerning wild, scenic, or recreational river	29588
areas.	29589

The director may propose for establishment as a wild, scenic,	29590
or recreational river area a part or parts of any watercourse in	29591
this state, with adjacent lands, that in the director's judgment	29592
possesses water conservation, scenic, fish, wildlife, historic, or	29593
outdoor recreation values that should be preserved~~, using the~~	29594
~~classifications established in section 1517.15 of the Revised~~	29595
~~Code~~. The area shall include lands adjacent to the watercourse in	29596
sufficient width to preserve, protect, and develop the natural	29597
character of the watercourse, but shall not include any lands more	29598
than one thousand feet from the normal waterlines of the	29599
watercourse unless an additional width is necessary to preserve	29600
water conservation, scenic, fish, wildlife, historic, or outdoor	29601
recreation values.	29602

The director shall publish the intention to declare an area a	29603
wild, scenic, or recreational river area at least once in a	29604
newspaper of general circulation in each county, any part of which	29605
is within the area, and shall send written notice of the intention	29606
to the legislative authority of each county, township, and	29607
municipal corporation and to each conservancy district established	29608
under Chapter 6101. of the Revised Code, any part of which is	29609
within the area, and to the director of transportation, the	29610
director of development, the director of administrative services,	29611
and the director of environmental protection. The notices shall	29612
include a copy of a map and description of the area.	29613

After thirty days from the last date of publication or	29614
dispatch of written notice as required in this section, the	29615
director shall enter a declaration in the director's journal that	29616
the area is a wild river area, scenic river area, or recreational	29617
river area. When so entered, the area is a wild, scenic, or	29618
recreational river area, as applicable. The director, after	29619
thirty days' notice as prescribed in this section and upon the	29620
approval of the recreation and resources commission created in	29621
section 1501.04 of the Revised Code, may terminate the status of	29622
an area as a wild river area, scenic river area, or recreational	29623
river area by an entry in the director's journal.	29624

Declaration by the director that an area is a wild, scenic,	29625
or recreational river area does not authorize the director or any	29626
governmental agency or political subdivision to restrict the use	29627
of land by the owner thereof or any person acting under the	29628
landowner's authority or to enter upon the land and does not	29629
expand or abridge the regulatory authority of any governmental	29630
agency or political subdivision over the area.	29631

The director may enter into a lease or other agreement with a	29632
political subdivision to administer all or part of a wild, scenic,	29633
or recreational river area and may acquire real property or any	29634
estate, right, or interest therein in order to provide for the	29635
protection and public recreational use of a wild, scenic, or	29636
recreational river area.	29637

The chief of the division of ~~natural areas and preserves~~	29638
watercraft or the chief's representative may participate in	29639
watershed-wide planning with federal, state, and local agencies in	29640
order to protect the values of wild, scenic, and recreational	29641
river areas.	29642

~~Sec. 1517.16.~~ Sec. 1547.82. No state department, state agency, or	29643
political subdivision shall build or enlarge any highway, road, or	29644
structure or modify or cause the modification of the channel of	29645
any watercourse within a wild, scenic, or recreational river area	29646
outside the limits of a municipal corporation without first having	29647
obtained approval of the plans for the highway, road, or structure	29648
or channel modification from the director of natural resources or	29649
~~his~~the director's representative. The court of common pleas	29650
having jurisdiction, upon petition by the director, shall enjoin	29651
work on any highway, road, or structure or channel modification	29652
for which such approval has not been obtained.	29653

~~Sec. 1517.17.~~ Sec. 1547.83. The chief of the division of ~~natural~~	29654
~~areas and preserves~~watercraft shall administer the state	29655
programs for wild river areas, scenic river areas, and	29656
recreational river areas. The chief may accept and administer	29657
state and federal financial assistance ~~programs~~ for the	29658
maintenance, protection, and administration of wild, scenic, and	29659
recreational river areas and for construction of facilities	29660
within those areas. The chief, with the approval of the director	29661
of natural resources, may expend for the purpose of administering	29662
the state programs for wild, scenic, and recreational river areas	29663
money that is appropriated by the general assembly for that	29664
purpose, money that is in the scenic rivers protection fund	29665
created in section 4501.24 of the Revised Code, and money that is	29666
in the waterways safety fund created in section 1547.75 of the	29667
Revised Code as determined to be necessary by the division of	29668
watercraft not to exceed four per cent of all money accruing to	29669
the fund. The chief may condition any expenditures, maintenance	29670
activities, or construction of facilities on the adoption and	29671
enforcement of adequate floodplain zoning or land use rules.	29672

~~The director of natural resources may make a lease or~~	29673
~~agreement with a political subdivision to administer all or part~~	29674
~~of a wild, scenic, or recreational river area.~~	29675

~~The director may acquire real property or any estate, right,~~	29676
~~or interest therein for protection and public recreational use as~~	29677
~~a wild, scenic, or recreational river area.~~	29678

~~The chief may expend funds for the acquisition, protection,~~	29679
~~construction, maintenance, and administration of real property and~~	29680
~~public use facilities in wild, scenic, or recreational river areas~~	29681
~~when the funds are so appropriated by the general assembly. The~~	29682
~~chief may condition such expenditures, acquisition of land or~~	29683
~~easements, or construction of facilities within a wild, scenic, or~~	29684
~~recreational river area upon adoption and enforcement of adequate~~	29685
~~floodplain zoning rules.~~	29686

Any instrument by which real property is acquired pursuant to	29687
this section shall identify the agency of the state that has the	29688
use and benefit of the real property as specified in section	29689
5301.012 of the Revised Code.	29690

The chief may cooperate with federal agencies administering	29691
any federal program concerning wild, scenic, or recreational	29692
river areas.	29693

~~Sec. 1517.18.~~ Sec. 1547.84. The director of natural resources	29694
shall appoint an advisory council for each wild, scenic, or	29695
recreational river area, composed of not more than ten persons who	29696
are representative of local government and local organizations and	29697
interests in the vicinity of the wild, scenic, or recreational	29698
river area, who shall serve without compensation. The chief of the	29699
division of ~~natural areas and preserves~~watercraft or ~~his~~the	29700
chief's representative shall serve as an ex officio member of each	29701
council.	29702

~~The terms of all members serving on any advisory council~~	29703
~~under this section on the effective date of this amendment shall~~	29704
~~end on January 31, 1995. The director shall appoint new members to~~	29705
~~serve on each council for terms beginning on February 1, 1995,~~	29706
~~provided that a member serving on a council on the effective date~~	29707
~~of this amendment may be appointed to such a new term.~~ The initial	29708
members appointed to each council shall serve for terms of not	29709
more than three years, with the terms of not more than four	29710
members of any council ending in the same year. Thereafter, terms	29711
of office shall be for three years commencing on the first day of	29712
February and ending on the last day of January.	29713

Each council shall advise the chief on the acquisition of	29714
land and easements and on the lands and waters that should be	29715
included in a wild, scenic, or recreational river area or a	29716
proposed wild, scenic, or recreational river area, facilities	29717
therein, and other aspects of establishment and administration of	29718
the area that may affect the local interest.	29719

Sec. 1547.85. The director of natural resources may	29720
participate in the federal program for the protection of certain	29721
selected rivers that are located within the boundaries of the	29722
state as provided in the "Wild and Scenic Rivers Act," 82 Stat.	29723
906 (1968), 16 U.S.C. 1271 et seq., as amended. The director may	29724
authorize the chief of the division of watercraft to participate	29725
in any other federal program established for the purpose of	29726
protecting, conserving, or developing recreational access to	29727
waters in this state that possess outstanding scenic,	29728
recreational, geologic, fish and wildlife, historic, cultural, or	29729
other similar values.	29730

Sec. 1547.86. Any action taken by the chief of the division	29731
of watercraft under sections 1547.81 to 1547.87 of the Revised	29732
Code shall not be deemed in conflict with certain powers and	29733
duties conferred on and delegated to federal agencies and to	29734
municipal corporations under Section 7 of Article XVIII, Ohio	29735
Constitution, or as provided by sections 721.04 to 721.11 of the	29736
Revised Code.	29737

Sec. 1547.87. The division of watercraft, in carrying out	29738
sections 1547.81 to 1547.87 of the Revised Code, may accept,	29739
receive, and expend gifts, devises, or bequests of money, lands,	29740
or other properties under the terms established in section 9.20 of	29741
the Revised Code.	29742

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	29743
Revised Code is guilty of a felony of the fourth degree.	29744

(B) Whoever violates division (F) of section 1547.08, section	29745
1547.10, division (I) of section 1547.111, section 1547.13, or	29746
section 1547.66 of the Revised Code is guilty of a misdemeanor of	29747
the first degree.	29748

(C) Whoever violates a provision of this chapter or a rule	29749
adopted thereunder, for which no penalty is otherwise provided, is	29750
guilty of a minor misdemeanor.	29751

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	29752
the Revised Code without causing injury to persons or damage to	29753
property is guilty of a misdemeanor of the fourth degree.	29754

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	29755
the Revised Code causing injury to persons or damage to property	29756
is guilty of a misdemeanor of the third degree.	29757

(F) Whoever violates division ~~(M)~~(N) of section 1547.54,	29758
division (G) of section 1547.30, or section 1547.131, 1547.25,	29759
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	29760
of the Revised Code or a rule adopted under division (A)(2) of	29761
section 1547.52 of the Revised Code is guilty of a misdemeanor of	29762
the fourth degree.	29763

(G) Whoever violates section 1547.11 of the Revised Code is	29764
guilty of a misdemeanor of the first degree and shall be punished	29765
as provided in division (G)(1), (2), or (3) of this section.	29766

(1) Except as otherwise provided in division (G)(2) or (3) of	29767
this section, the court shall sentence the offender to a jail term	29768
of three consecutive days and may sentence the offender pursuant	29769
to section 2929.24 of the Revised Code to a longer jail term. In	29770
addition, the court shall impose upon the offender a fine of not	29771
less than one hundred fifty nor more than one thousand dollars.	29772

The court may suspend the execution of the mandatory jail	29773
term of three consecutive days that it is required to impose by	29774
division (G)(1) of this section if the court, in lieu of the	29775
suspended jail term, places the offender under a community control	29776
sanction pursuant to section 2929.25 of the Revised Code and	29777
requires the offender to attend, for three consecutive days, a	29778
drivers' intervention program that is certified pursuant to	29779
section 3793.10 of the Revised Code. The court also may suspend	29780
the execution of any part of the mandatory jail term of three	29781
consecutive days that it is required to impose by division (G)(1)	29782
of this section if the court places the offender under a community	29783
control sanction pursuant to section 2929.25 of the Revised Code	29784
for part of the three consecutive days; requires the offender to	29785
attend, for that part of the three consecutive days, a drivers'	29786
intervention program that is certified pursuant to section 3793.10	29787
of the Revised Code; and sentences the offender to a jail term	29788
equal to the remainder of the three consecutive days that the	29789
offender does not spend attending the drivers' intervention	29790
program. The court may require the offender, as a condition of	29791
community control, to attend and satisfactorily complete any	29792
treatment or education programs, in addition to the required	29793
attendance at a drivers' intervention program, that the operators	29794
of the drivers' intervention program determine that the offender	29795
should attend and to report periodically to the court on the	29796
offender's progress in the programs. The court also may impose any	29797
other conditions of community control on the offender that it	29798
considers necessary.	29799

(2) If, within six years of the offense, the offender has	29800
been convicted of or pleaded guilty to one violation of section	29801
1547.11 of the Revised Code or one other equivalent offense, the	29802
court shall sentence the offender to a jail term of ten	29803
consecutive days and may sentence the offender pursuant to	29804
section 2929.24 of the Revised Code to a longer jail term. In	29805
addition, the court shall impose upon the offender a fine of not	29806
less than one hundred fifty nor more than one thousand dollars.	29807

In addition to any other sentence that it imposes upon the	29808
offender, the court may require the offender to attend a drivers'	29809
intervention program that is certified pursuant to section 3793.10	29810
of the Revised Code.	29811

(3) If, within six years of the offense, the offender has	29812
been convicted of or pleaded guilty to more than one violation or	29813
offense identified in division (G)(2) of this section, the court	29814
shall sentence the offender to a jail term of thirty consecutive	29815
days and may sentence the offender to a longer jail term of not	29816
more than one year. In addition, the court shall impose upon the	29817
offender a fine of not less than one hundred fifty nor more than	29818
one thousand dollars.	29819

In addition to any other sentence that it imposes upon the	29820
offender, the court may require the offender to attend a drivers'	29821
intervention program that is certified pursuant to section 3793.10	29822
of the Revised Code.	29823

(4) Upon a showing that serving a jail term would seriously	29824
affect the ability of an offender sentenced pursuant to division	29825
(G)(1), (2), or (3) of this section to continue the offender's	29826
employment, the court may authorize that the offender be granted	29827
work release after the offender has served the mandatory jail term	29828
of three, ten, or thirty consecutive days that the court is	29829
required by division (G)(1), (2), or (3) of this section to	29830
impose. No court shall authorize work release during the mandatory	29831
jail term of three, ten, or thirty consecutive days that the court	29832
is required by division (G)(1), (2), or (3) of this section to	29833
impose. The duration of the work release shall not exceed the time	29834
necessary each day for the offender to commute to and from the	29835
place of employment and the place in which the jail term is served	29836
and the time actually spent under employment.	29837

(5) Notwithstanding any section of the Revised Code that	29838
authorizes the suspension of the imposition or execution of a	29839
sentence or the placement of an offender in any treatment program	29840
in lieu of being imprisoned or serving a jail term, no court shall	29841
suspend the mandatory jail term of ten or thirty consecutive days	29842
required to be imposed by division (G)(2) or (3) of this section	29843
or place an offender who is sentenced pursuant to division (G)(2)	29844
or (3) of this section in any treatment program in lieu of being	29845
imprisoned or serving a jail term until after the offender has	29846
served the mandatory jail term of ten or thirty consecutive days	29847
required to be imposed pursuant to division (G)(2) or (3) of this	29848
section. Notwithstanding any section of the Revised Code that	29849
authorizes the suspension of the imposition or execution of a	29850
sentence or the placement of an offender in any treatment program	29851
in lieu of being imprisoned or serving a jail term, no court,	29852
except as specifically authorized by division (G)(1) of this	29853
section, shall suspend the mandatory jail term of three	29854
consecutive days required to be imposed by division (G)(1) of this	29855
section or place an offender who is sentenced pursuant to division	29856
(G)(1) of this section in any treatment program in lieu of	29857
imprisonment until after the offender has served the mandatory	29858
jail term of three consecutive days required to be imposed	29859
pursuant to division (G)(1) of this section.	29860

(6) As used in division (G) of this section:

29861

(a) "Equivalent offense" has the same meaning as in section	29862
4511.181 of the Revised Code.	29863

(b) "Jail term" and "mandatory jail term" have the same	29864
meanings as in section 2929.01 of the Revised Code.	29865

(H) Whoever violates section 1547.304 of the Revised Code is	29866
guilty of a misdemeanor of the fourth degree and also shall be	29867
assessed any costs incurred by the state or a county, township,	29868
municipal corporation, or other political subdivision in disposing	29869
of an abandoned junk vessel or outboard motor, less any money	29870
accruing to the state, county, township, municipal corporation, or	29871
other political subdivision from that disposal.	29872

(I) Whoever violates division (B) or (C) of section 1547.49	29873
of the Revised Code is guilty of a minor misdemeanor.	29874

(J) Whoever violates section 1547.31 of the Revised Code is	29875
guilty of a misdemeanor of the fourth degree on a first offense.	29876
On each subsequent offense, the person is guilty of a misdemeanor	29877
of the third degree.	29878

(K) Whoever violates section 1547.05 or 1547.051 of the	29879
Revised Code is guilty of a misdemeanor of the fourth degree if	29880
the violation is not related to a collision, injury to a person,	29881
or damage to property and a misdemeanor of the third degree if the	29882
violation is related to a collision, injury to a person, or damage	29883
to property.	29884

(L) The sentencing court, in addition to the penalty provided	29885
under this section for a violation of this chapter or a rule	29886
adopted under it that involves a powercraft powered by more than	29887
ten horsepower and that, in the opinion of the court, involves a	29888
threat to the safety of persons or property, shall order the	29889
offender to complete successfully a boating course approved by the	29890
national association of state boating law administrators before	29891
the offender is allowed to operate a powercraft powered by more	29892
than ten horsepower on the waters in this state. Violation of a	29893
court order entered under this division is punishable as contempt	29894
under Chapter 2705. of the Revised Code.	29895

Sec. 1548.10. (A) The clerk of the court of common pleas	29896
shall charge and retain fees as follows:	29897

(1) Fifteen dollars for each duplicate copy of a	29898
certificate of title. The clerk shall retain that entire fee.	29899

(2) Fifteen dollars for each certificate of title, which	29900
shall include any notation or indication of any lien or security	29901
interest on a certificate of title and any memorandum certificate	29902
of title or non-negotiable evidence of ownership requested at the	29903
time the certificate of title is issued. The clerk shall retain	29904
ten dollars and fifty cents of that fee when there is a notation	29905
of a lien or security interest on the certificate of title and	29906
twelve dollars when there is no lien or security interest noted on	29907
the certificate of title.	29908

(3) Five dollars for each certificate of title with no	29909
security interest noted that is issued to a licensed watercraft	29910
dealer for resale purposes. The clerk shall retain two dollars of	29911
that fee.	29912

(4) Five dollars for each memorandum certificate of title or	29913
non-negotiable evidence of ownership that is applied for	29914
separately. The clerk shall retain that entire fee.	29915

(B) The fees charged for a certificate of title and the	29916
notation or indication of any lien or security interest on a	29917
certificate of title that are not retained by the clerk shall be	29918
paid to the chief of the division of watercraft by monthly	29919
returns, which shall be forwarded to the chief not later than the	29920
fifth day of the month next succeeding that in which the	29921
certificate is forwarded, or that in which the chief is notified	29922
of a lien or security interest or cancellation of a lien or	29923
security interest.	29924

The chief shall deposit one dollar of the amount the chief	29925
receives for each certificate of title in the automated title	29926
processing fund created in section 4505.09 of the Revised Code.	29927
Moneys deposited in that fund under this section shall be used for	29928
the purpose specified in division (B)(3)(b) of that section.	29929

Sec. 1707.17. (A)(1) The license of every dealer in and	29930
salesperson of securities shall expire on the thirty-first day of	29931
December of each year, and may be renewed upon the filing with the	29932
division of securities of an application for renewal, and the	29933
payment of the fee prescribed in this section. The division shall	29934
give notice, without unreasonable delay, of its action on any	29935
application for renewal of a dealer's or salesperson's license.	29936

(2) The license of every investment adviser and investment	29937
adviser representative licensed under section 1707.141 or 1707.161	29938
of the Revised Code shall expire on the thirty-first day of	29939
December of each year. The licenses may be renewed upon the	29940
filing with the division of an application for renewal, and the	29941
payment of the fee prescribed in division (B) of this section. The	29942
division shall give notice, without unreasonable delay, of its	29943
action on any application for renewal.	29944

(3) An investment adviser required to make a notice filing	29945
under division (B) of section 1707.141 of the Revised Code	29946
annually shall file with the division the notice filing and the	29947
fee prescribed in division (B) of this section, no later than the	29948
thirty-first day of December of each year.	29949

(4) The license of every state retirement system investment	29950
officer licensed under section 1707.163 of the Revised Code and	29951
the license of a bureau of workers' compensation chief investment	29952
officer issued under section 1707.165 of the Revised Code shall	29953
expire on the thirtieth day of June of each year. The licenses may	29954
be renewed on the filing with the division of an application for	29955
renewal, and the payment of the fee prescribed in division (B) of	29956
this section. The division shall give notice, without unreasonable	29957
delay, of its action on any application for renewal.	29958

(B)(1) The fee for each dealer's license, and for each annual	29959
renewal thereof, shall be ~~one~~two hundred dollars.	29960

(2) The fee for each salesperson's license, and for each	29961
annual renewal thereof, shall be ~~fifty~~sixty dollars.	29962

(3) The fee for each investment adviser's license, and for	29963
each annual renewal thereof, shall be ~~fifty~~one hundred dollars.	29964

(4) The fee for each investment adviser notice filing	29965
required by division (B) of section 1707.141 of the Revised Code	29966
shall be ~~fifty~~one hundred dollars.	29967

(5) The fee for each investment adviser representative's	29968
license, and for each annual renewal thereof, shall be ~~thirty-five~~	29969
fifty dollars.	29970

(6) The fee for each state retirement system investment	29971
officer's license, and for each annual renewal thereof, shall be	29972
fifty dollars.	29973

(7) The fee for a bureau of workers' compensation chief	29974
investment officer's license, and for each annual renewal thereof,	29975
shall be fifty dollars.	29976

(C) A dealer's, salesperson's, investment adviser's,	29977
investment adviser representative's, bureau of workers'	29978
compensation chief investment officer's, or state retirement	29979
system investment officer's license may be issued at any time for	29980
the remainder of the calendar year. In that event, the annual fee	29981
shall not be reduced.	29982

Sec. 1707.18. (A)(1) If a partnership licensed as a dealer	29983
is terminated under the laws of the state where the partnership is	29984
organized, or by death, resignation, withdrawal, or addition of a	29985
general partner, the license of the partnership shall be	29986
automatically extended for a period of thirty days after the	29987
termination. The license of the partnership and the licenses of	29988
its salespersons may be transferred to the successor partnership	29989
within that period if the division of securities finds that the	29990
successor partnership is substantially similar to its predecessor	29991
partnership, and if an application for transfer of license has	29992
been filed. The fee for such a transfer shall be fifty dollars,	29993
plus ~~ten~~fifteen dollars for every salesperson's license that is	29994
transferred.	29995

(2) If a partnership licensed as an investment adviser is	29996
terminated under the laws of the state where the partnership is	29997
organized, or by death, resignation, withdrawal, or addition of a	29998
general partner, the license of the partnership shall be	29999
automatically extended for a period of thirty days after the	30000
termination. The license of the partnership shall, and the	30001
licenses of its investment adviser representatives may, be	30002
transferred to the successor partnership within that period if the	30003
division finds that the successor partnership is substantially	30004
similar to its predecessor partnership, and if an application for	30005
transfer of license has been filed. The fee for such transfer	30006
shall be fifty dollars, plus ~~ten~~fifteen dollars for every	30007
investment adviser representative's license that is transferred.	30008

(B)(1) If a licensed dealer changes its business form,	30009
reincorporates, or by merger or otherwise becomes a different	30010
person, as person is defined in section 1707.01 of the Revised	30011
Code, upon application the division may transfer the dealer's	30012
license and the licenses of its salespersons to the successor	30013
entity, if the division finds that the successor entity is	30014
substantially similar to the predecessor entity. The fee for such	30015
a transfer shall be fifty dollars plus ~~ten~~fifteen dollars for	30016
every salesperson's license transferred.	30017

(2) If a licensed investment adviser changes its business	30018
form, reincorporates, or by merger or otherwise becomes a	30019
different person, as person is defined in section 1707.01 of the	30020
Revised Code, upon application, the division may transfer the	30021
investment adviser license and the licenses of its investment	30022
adviser representatives to the successor entity, if the division	30023
finds that the successor entity is substantially similar to the	30024
predecessor entity. The fee for the transfer shall be fifty	30025
dollars plus ~~ten~~fifteen dollars for every investment adviser	30026
representative's license transferred.	30027

Sec. 1707.37. (A) All fees and charges collected under	30028
~~Chapter 1707. of the Revised Code~~this chapter shall be paid into	30029
the state treasury to the credit of the division of securities	30030
fund, which is hereby created. All expenses of the division of	30031
securities, other than those specified in division (B) of this	30032
section, shall be paid from the fund.	30033

The fund shall be assessed a proportionate share of the	30034
administrative costs of the department of commerce in accordance	30035
with procedures prescribed by the director of commerce and	30036
approved by the director of budget and management. The	30037
assessments shall be paid from the division of securities fund to	30038
the division of administration fund.	30039

If moneys in the division of securities fund are determined	30040
by the director of budget and management and the director of	30041
commerce to be in excess of those necessary to defray all the	30042
expenses in any fiscal year, the director of budget and management	30043
shall transfer the excess to the general revenue fund.	30044

(B) There is hereby created in the state treasury the	30045
division of securities investor education and enforcement expense	30046
fund, which shall consist of all money received in settlement of	30047
any violation of this chapter and any cash transfers. Money in the	30048
fund shall be used to pay expenses of the division of securities	30049
relating to education or enforcement for the protection of	30050
securities investors and the public. The division may adopt rules	30051
pursuant to section 1707.20 of the Revised Code that establish	30052
what qualifies as such an expense.	30053

If the director of budget and management and the director of	30054
commerce determine that money in the fund is in excess of one	30055
million dollars at the end of a fiscal year and that any amount of	30056
that excess is not needed to defray the qualifying expenses of the	30057
division, the director of budget and management may transfer that	30058
amount to the general revenue fund.	30059

Sec. 1710.01. As used in this chapter:

30060

(A) "Special improvement district" means a special	30061
improvement district organized under this chapter.	30062

(B) "Church" means a fellowship of believers, congregation,	30063
society, corporation, convention, or association that is formed	30064
primarily or exclusively for religious purposes and that is not	30065
formed for the private profit of any person.	30066

(C) "Church property" means property that is described as	30067
being exempt from taxation under division (A)(2) of section	30068
5709.07 of the Revised Code and that the county auditor has	30069
entered on the exempt list compiled under section 5713.07 of the	30070
Revised Code.	30071

(D) "Municipal executive" means the mayor, city manager, or	30072
other chief executive officer of the municipal corporation in	30073
which a special improvement district is located.	30074

(E) "Participating political subdivision" means the municipal	30075
corporation or township, or each of the municipal corporations or	30076
townships, that has territory within the boundaries of a special	30077
improvement district created under this chapter.	30078

(F) "Legislative authority of a participating political	30079
subdivision" means, with reference to a township, the board of	30080
township trustees.	30081

(G) "Public improvement" means the planning, design,	30082
construction, reconstruction, enlargement, or alteration of any	30083
facility or improvement, including the acquisition of land, for	30084
which a special assessment may be levied under Chapter 727. of the	30085
Revised Code.	30086

(H) "Public service" means any service that can be provided	30087
by a municipal corporation or any service for which a special	30088
assessment may be levied under Chapter 727. of the Revised Code.	30089

(I) "Existing qualified nonprofit corporation" means a	30090
nonprofit corporation that existed before the creation of the	30091
corresponding district under this chapter, that is composed of	30092
members located within or adjacent to the district, that has	30093
established a police department under section 1702.80 of the	30094
Revised Code, and that is organized for purposes that include	30095
acquisition of real property within an area specified by its	30096
articles for the subsequent transfer of such property to its	30097
members exclusively for charitable, scientific, literary, or	30098
educational purposes, or holding and maintaining and leasing such	30099
property; planning for and assisting in the development of its	30100
members; providing for the relief of the poor and distressed or	30101
underprivileged in the area and adjacent areas; combating	30102
community deterioration and lessening the burdens of government;	30103
providing or assisting others in providing housing for low- or	30104
moderate-income persons; and assisting its members by the	30105
provision of public safety and security services, parking	30106
facilities, transit service, landscaping, and parks.	30107

Sec. 1710.02. (A) A special improvement district may be	30108
created within the boundaries of any one municipal corporation,	30109
any one township, or any combination of contiguous municipal	30110
corporations and townships ~~by a petition of the property owners~~	30111
~~within the proposed district,~~ for the purpose of developing and	30112
implementing plans for public improvements and public services	30113
that benefit the district. A district may be created by petition	30114
of the owners of real property within the proposed district, or by	30115
an existing qualified nonprofit corporation. If the district is	30116
created by an existing qualified nonprofit corporation, the	30117
purposes for which the district is created may be supplemental to	30118
the other purposes for which the corporation is organized. All	30119
territory in a district shall be contiguous.	30120

The district shall be governed by the board of trustees of a	30121
nonprofit corporation. This board shall be known as the board of	30122
directors of the special improvement district. No special	30123
improvement district shall include any church property, or	30124
property of the federal or state government or a county, township,	30125
or municipal corporation, unless the church or the county,	30126
township, or municipal corporation specifically requests in	30127
writing that the property be included within the district, or	30128
unless the church is a member of the existing qualified nonprofit	30129
corporation creating the district at the time the district is	30130
created. More than one district may be created within a	30131
participating political subdivision, but no real property may be	30132
included within more than one district unless the owner of the	30133
property files a written consent with the clerk of the legislative	30134
authority, the township fiscal officer, or the village clerk, as	30135
appropriate. The area of each district shall be contiguous.	30136

(B) Except as provided in division (C) of this section, a	30137
district created under this chapter is not a political	30138
subdivision. A district created under this chapter shall be	30139
considered a public agency under section 102.01 and a public	30140
authority under section 4115.03 of the Revised Code. Each member	30141
of the board of directors of a district, each member's designee or	30142
proxy, and each officer and employee of a district shall be	30143
considered a public official or employee under section 102.01 of	30144
the Revised Code and a public official and public servant under	30145
section 2921.42 of the Revised Code. Districts created under this	30146
chapter are not subject to section 121.24 of the Revised Code.	30147
Districts created under this chapter are subject to sections	30148
121.22 and 121.23 of the Revised Code.	30149

(C) Each district created under this chapter shall be	30150
considered a political subdivision for purposes of section 4905.34	30151
of the Revised Code.	30152

Membership on the board of directors of the district shall	30153
not be considered as holding a public office. Directors and their	30154
designees shall be entitled to the immunities provided by Chapter	30155
1702. and to the same immunity as an employee under division	30156
(A)(6) of section 2744.03 of the Revised Code, except that	30157
directors and their designees shall not be entitled to the	30158
indemnification provided in section 2744.07 of the Revised Code	30159
unless the director or designee is an employee or official of a	30160
participating political subdivision of the district and is acting	30161
within the scope of the director's or designee's employment or	30162
official responsibilities.	30163

District officers and district members and directors and	30164
their designees or proxies shall not be required to file a	30165
statement with the Ohio ethics commission under section 102.02 of	30166
the Revised Code. All records of the district shall be treated as	30167
public records under section 149.43 of the Revised Code, except	30168
that records of organizations contracting with a district shall	30169
not be considered to be public records under section 149.43 or	30170
section 149.431 of the Revised Code solely by reason of any	30171
contract with a district.	30172

(D) Except as otherwise provided in this section, the	30173
nonprofit corporation that governs a district shall be organized	30174
in the manner described in Chapter 1702. of the Revised Code. ~~The~~	30175
Except in the case of a district created by an existing qualified	30176
nonprofit corporation, the corporation's articles of incorporation	30177
are required to be approved, as provided in division (E) of this	30178
section, by resolution of the legislative authority of each	30179
participating political subdivision of the district. A copy of	30180
that resolution shall be filed along with the articles of	30181
incorporation in the secretary of state's office.	30182

In addition to meeting the requirements for articles of	30183
incorporation set forth in Chapter 1702. of the Revised Code, the	30184
articles of incorporation for the nonprofit corporation governing	30185
a district formed under this chapter shall provide all the	30186
following:	30187

(1) The name for the district, which shall include the name	30188
of each participating political subdivision of the district;	30189

(2) A description of the territory within the district, which	30190
may be all or part of each participating political subdivision.	30191
The description shall be specific enough to enable real property	30192
owners to determine if their property is located within the	30193
district.	30194

(3) A description of the procedure by which the articles of	30195
incorporation may be amended. The procedure shall include	30196
receiving approval of the amendment, by resolution, from the	30197
legislative authority of each participating political subdivision	30198
and filing the approved amendment and resolution with the	30199
secretary of state.	30200

(4) The reasons for creating the district, plus an	30201
explanation of how the district will be conducive to the public	30202
health, safety, peace, convenience, and welfare of the district.	30203

(E) The articles of incorporation for a nonprofit corporation	30204
governing a district created under this chapter and amendments to	30205
them shall be submitted to the municipal executive, if any, and	30206
the legislative authority of each municipal corporation or	30207
township in which the proposed district is to be located,. Except	30208
in the case of a district created by an existing qualified	30209
nonprofit corporation, the articles or amendments shall be	30210
accompanied by a petition signed either by the owners of at least	30211
sixty per cent of the front footage of all real property located	30212
in the proposed district that abuts upon any street, alley, public	30213
road, place, boulevard, parkway, park entrance, easement, or other	30214
existing public improvement within the proposed district,	30215
excluding church property or property owned by the state, county,	30216
township, municipal, or federal government, unless a church,	30217
county, township, or municipal corporation has specifically	30218
requested in writing that the property be included in the	30219
district, or by the owners of at least seventy-five per cent of	30220
the area of all real property located within the proposed	30221
district, excluding church property or property owned by the	30222
state, county, township, municipal, or federal government, unless	30223
a church, county, township, or municipal corporation has	30224
specifically requested in writing that the property be included in	30225
the district. For purposes of determining compliance with these	30226
requirements, the area of the district, or the front footage and	30227
ownership of property, shall be as shown in the most current	30228
records available at the county recorder's office and the county	30229
engineer's office sixty days prior to the date on which the	30230
petition is filed.	30231

Each municipal corporation or township with which the	30232
petition is filed has sixty days to approve or disapprove, by	30233
resolution, the petition, including the articles of incorporation.	30234
In the case of a district created by an existing qualified	30235
nonprofit corporation, each municipal corporation or township has	30236
sixty days to approve or disapprove the creation of the district	30237
after the corporation submits the articles of incorporation or	30238
amendments thereto. This chapter does not prohibit or restrict the	30239
rights of municipal corporations under Article XVIII of the Ohio	30240
Constitution or the right of the municipal legislative authority	30241
to impose reasonable conditions in a resolution of approval.	30242

(F) Persons proposing creation and operation of the district	30243
may propose an initial plan for public services or public	30244
improvements that benefit all or any part of the district. Any	30245
initial plan shall be submitted as part of the petition proposing	30246
creation of the district or, in the case of a district created by	30247
an existing qualified nonprofit corporation, shall be submitted	30248
with the articles of incorporation or amendments thereto.	30249

An initial plan may include provisions for the following:

30250

(1) Creation and operation of the district and of the	30251
nonprofit corporation to govern the district under this chapter;	30252

(2) Hiring employees and professional services;

30253

(3) Contracting for insurance;

30254

(4) Purchasing or leasing office space and office equipment;

30255

(5) Other actions necessary initially to form, operate, or	30256
organize the district and the nonprofit corporation to govern the	30257
district;	30258

(6) A plan for public improvements or public services that	30259
benefit all or part of the district, which plan shall comply with	30260
the requirements of division (A) of section 1710.06 of the Revised	30261
Code and may include, but is not limited to, any of the permissive	30262
provisions described in the fourth sentence of that division or	30263
listed in divisions (A)(1) to (5) of that section.	30264

After the initial plan is approved by all municipal	30265
corporations and townships to which it is submitted for approval	30266
and the district is created, each participating subdivision shall	30267
levy a special assessment within its boundaries to pay for the	30268
costs of the initial plan. The levy shall be for no more than ten	30269
years from the date of the approval of the initial plan. For	30270
purposes of levying an assessment for this initial plan, the	30271
services or improvements included in the initial plan shall be	30272
deemed a special benefit to property owners within the district.	30273

(G) Each nonprofit corporation governing a district under	30274
this chapter may do the following:	30275

(1) Exercise all powers of nonprofit corporations granted	30276
under Chapter 1702. of the Revised Code that do not conflict with	30277
this chapter;	30278

(2) Develop, adopt, revise, implement, and repeal plans for	30279
public improvements and public services for all or any part of the	30280
district;	30281

(3) Contract with any person, political subdivision as	30282
defined in section 2744.01 of the Revised Code, or state agency as	30283
defined in section 1.60 of the Revised Code to develop and	30284
implement plans for public improvements or public services within	30285
the district;	30286

(4) Contract and pay for insurance for the district and for	30287
directors, officers, agents, contractors, employees, or members of	30288
the district for any consequences of the implementation of any	30289
plan adopted by the district or any actions of the district.	30290

Sec. 1710.03. (A) ~~Each owner, other than a church or the~~	30291
~~state, county, township, municipal, or federal government, unless~~	30292
~~a church or county, township, or municipal corporation has~~	30293
~~specifically requested in writing that the property be included in~~	30294
~~the district,~~Except as otherwise provided in this division, each	30295
owner of real property within a special improvement district other	30296
than the state or federal government is a member of the district,	30297
and the real property of each member of the district is subject to	30298
special assessment under division (C) of section 1710.06 of the	30299
Revised Code. ~~The~~A church is not a member of the district unless	30300
the church specifically requested in writing that its property be	30301
included in the district or unless, in the case of a district	30302
created by an existing qualified nonprofit corporation, the church	30303
is a member of the corporation at the time the district is	30304
created. A county, township, or municipal corporation owning real	30305
property in the district is not a member of the district unless	30306
such entity specifically requested in writing that its property	30307
be included in the district.	30308

The identity and address of the owners shall be determined	30309
for any particular action of the nonprofit corporation that	30310
governs the district, including notice of meetings of the	30311
district, no more than sixty days prior to the date of the	30312
action, from the most current records available at the county	30313
auditor's office. For purposes of this chapter, the persons shown	30314
on such records as having common or joint ownership interests in	30315
a parcel of real property collectively shall constitute the owner	30316
of the real property.	30317

(B) A member may file a written statement with the district's	30318
secretary at least three days prior to any meeting of the entire	30319
membership of the district to appoint a proxy to carry out the	30320
member's rights and responsibilities under this chapter at that	30321
meeting.	30322

(C) A member also may appoint a designee to carry out the	30323
member's rights and responsibilities under this chapter by filing	30324
a written designation form with the district's secretary. This	30325
form shall include the name and address of the member, the name	30326
and address of the designee, and the expiration date, if any, of	30327
the designation and may authorize the designee to vote at any	30328
meeting of the district.	30329

(D) A proxy or designee need not be an elector or resident of	30330
any participating political subdivision of the district or a	30331
member of the district. The appointment of a proxy or a designee	30332
may be changed by filing a new form with the district's secretary.	30333
The most current form filed with the secretary is the valid	30334
appointment. Service of any notice upon a proxy or designee at the	30335
proxy's or designee's address as shown on that form satisfies any	30336
requirements for notification of the member.	30337

Sec. 1710.04. (A) A special improvement district created	30338
under this chapter shall be governed by the board of directors of	30339
the special improvement district. The board shall consist of at	30340
least five directors. The board shall include a person appointed	30341
by the legislative authority of each participating political	30342
subdivision and the municipal executive of each municipal	30343
corporation with territory within the boundaries of the special	30344
improvement district. The remainder of the board's members shall	30345
be members of the district. Except for the municipal executives	30346
and the appointees of the legislative authorities, and except as	30347
otherwise provided in this division, members of the board of	30348
directors shall be elected at a meeting of the entire membership	30349
of the district. The initial election of directors may occur at	30350
the first meeting of the entire membership of the district after	30351
its creation. All subsequent elections shall be held at a November	30352
meeting of the membership.	30353

Each municipal executive may designate one person who is an	30354
employee of the municipal corporation involved with its planning	30355
or economic development functions to serve in the municipal	30356
executive's stead. This designee shall serve at the pleasure of	30357
the municipal executive.	30358

In the case of a district created by an existing qualified	30359
nonprofit corporation, the corporation's board of trustees or	30360
other governing board, however denominated, shall be the board of	30361
directors of the special improvement district for the purposes of	30362
this chapter. The election of directors otherwise required by this	30363
division shall not be required, and the requirement that municipal	30364
executives and appointees of the legislative authorities be	30365
members of the district's board of directors may be satisfied by	30366
the membership on the corporation's governing board of	30367
representatives of such participating political subdivisions, or	30368
may be waived if approved by resolution of the legislative	30369
authorities of the participating political subdivisions.	30370

(B) A director may file a written statement with the	30371
district's secretary at least three days prior to any meeting of	30372
the board to have a person act as proxy to carry out the	30373
director's rights and responsibilities under this chapter at that	30374
meeting.	30375

A director may also appoint a designee to carry out the	30376
director's rights and responsibilities under this chapter by	30377
filing a written designation form with the district's secretary.	30378
This form shall include the name and address of the director, the	30379
name and address of the designee, and the expiration date, if any,	30380
of the designation.	30381

A proxy or designee need not be an elector or resident of a	30382
participating political subdivision of the district or a member of	30383
the district. The appointment of a proxy or designee may be	30384
changed by filing a new form with the district's secretary. The	30385
most current form filed with the secretary is the valid	30386
appointment. Service of any notice upon a proxy or designee at the	30387
proxy's or designee's address as shown on that form satisfies any	30388
requirements for notification of the director.	30389

(C) Notice of the time, date, place, and agenda for any	30390
meeting of the board of directors shall be by written notice to	30391
each director, transmitted by certified mail, personal service, or	30392
electronic device prior to the meeting. If possible, the notice	30393
shall be served at least one week prior to the meeting.	30394

The board shall act by a majority vote of those present and	30395
authorized to vote at any meeting where proper notice has been	30396
served.	30397

(D) The board shall elect a chairperson, vice-chairperson,	30398
secretary, and treasurer of the board. These officers shall serve	30399
at the board's pleasure. A director may be elected to more than	30400
one office, except that the director elected as treasurer shall	30401
not be elected to any other office of the board.	30402

By the first day of March of each year, the treasurer shall	30403
submit to each member of the district and to the municipal	30404
executive, chief fiscal officer, and legislative authority of each	30405
municipal corporation with territory within the boundaries of the	30406
special improvement district and the board of township trustees of	30407
each township with territory within the boundaries of the special	30408
improvement district, a report of the district's activities and	30409
financial condition for the previous year.	30410

(E) Divisions (B), (C), and (D) of this section do not apply	30411
to a district created by an existing qualified nonprofit	30412
corporation to the extent those divisions are not consistent with	30413
the regulations of the corporation, in which case the regulations	30414
of the corporation shall govern.	30415

Sec. 1710.06. (A) The board of directors of a special	30416
improvement district may develop and adopt one or more written	30417
plans for public improvements or public services that benefit all	30418
or any part of the district. Each plan shall set forth the	30419
specific public improvements or public services that are to be	30420
provided, identify the area in which they will be provided, and	30421
specify the method of assessment to be used. Each plan for public	30422
improvements or public services shall indicate the period of time	30423
the assessments are to be levied for the improvements and services	30424
and, if public services are included in the plan, the period of	30425
time the services are to remain in effect. Plans for public	30426
improvements may include the planning, design, construction,	30427
reconstruction, enlargement, or alteration of any public	30428
improvements and the acquisition of land for the improvements.	30429
Plans for public improvements or public services may also include,	30430
but are not limited to, provisions for the following:	30431

(1) Creating and operating the district and the nonprofit	30432
corporation under this chapter, including hiring employees and	30433
professional services, contracting for insurance, and purchasing	30434
or leasing office space and office equipment and other	30435
requirements of the district;	30436

(2) Planning, designing, and implementing a public	30437
improvements or public services plan, including hiring	30438
architectural, engineering, legal, appraisal, insurance, and	30439
planning services, and, for public services, managing, protecting,	30440
and maintaining public and private facilities, including public	30441
improvements;	30442

(3) Conducting court proceedings to carry out this chapter;

30443

(4) Paying damages resulting from the provision of public	30444
improvements or public services and implementing the plans;	30445

(5) Paying the costs of issuing, paying interest on, and	30446
redeeming notes and bonds issued for funding public improvements	30447
and public services plans.	30448

(B) Once the board of directors adopts a plan, it shall	30449
submit the plan to the legislative authority of each participating	30450
political subdivision and the municipal executive of each	30451
municipal corporation in which the district is located, if any.	30452
The legislative authorities and municipal executives shall review	30453
the plan and, within sixty days after receiving it, may submit	30454
their comments and recommendations about it to the district. After	30455
reviewing these comments and recommendations, the board of	30456
directors may amend the plan. It may then submit the plan, amended	30457
or otherwise, in the form of a petition to members of the district	30458
whose property may be assessed for the plan. Once the petition is	30459
signed by those members who own at least sixty per cent of the	30460
front footage of property that is to be assessed and that abuts	30461
upon a street, alley, public road, place, boulevard, parkway, park	30462
entrance, easement, or other public improvement, or those members	30463
who own at least seventy-five per cent of the area to be assessed	30464
for the improvement or service, the petition may be submitted to	30465
each legislative authority for approval.	30466

Each legislative authority shall, by resolution, approve or	30467
reject the petition within sixty days after receiving it. If the	30468
petition is approved by the legislative authority of each	30469
participating political subdivision, the plan contained in the	30470
petition shall be effective at the earliest date on which a	30471
nonemergency resolution of the legislative authority with the	30472
latest effective date may become effective. A plan may not be	30473
resubmitted to the legislative authorities and municipal	30474
executives more than three times in any twelve-month period.	30475

(C) Each participating political subdivision shall levy, by	30476
special assessment upon specially benefited property located	30477
within the district, the costs of any public improvements or	30478
public services plan contained in a petition approved by the	30479
participating political subdivisions under this section or	30480
division (F) of section 1710.02 of the Revised Code. The levy	30481
shall be made in accordance with the procedures set forth in	30482
Chapter 727. of the Revised Code, except that:	30483

(1) The assessment for each improvements or services plan may	30484
be levied by any one or any combination of the methods of	30485
assessment listed in section 727.01 of the Revised Code, provided	30486
that the assessment is uniformly applied.	30487

(2) For the purpose of levying an assessment, the board of	30488
directors may combine one or more improvements or services plans	30489
or parts of plans and levy a single assessment against specially	30490
benefited property.	30491

(3) For purposes of special assessments levied by a township	30492
pursuant to this chapter, references in Chapter 727. of the	30493
Revised Code to the municipal corporation shall be deemed to refer	30494
to the township, and references to the legislative authority of	30495
the municipal corporation shall be deemed to refer to the board of	30496
township trustees.	30497

Church property or property owned by a political subdivision,	30498
including any participating political subdivision in which a	30499
special improvement district is located, shall be included in and	30500
be subject to special assessments made pursuant to a plan adopted	30501
under this section or division (F) of section 1710.02 of the	30502
Revised Code, if the church or political subdivision has	30503
specifically requested in writing that its property be included	30504
within the special improvement district and the church or	30505
political subdivision is a member of the district or, in the case	30506
of a district created by an existing qualified nonprofit	30507
corporation, if the church is a member of the corporation.	30508

(D) All rights and privileges of property owners who are	30509
assessed under Chapter 727. of the Revised Code shall be granted	30510
to property owners assessed under this chapter, including those	30511
rights and privileges specified in sections 727.15 to 727.17 and	30512
727.18 to 727.22 of the Revised Code and the right to notice of	30513
the resolution of necessity and the filing of the estimated	30514
assessment under section 727.13 of the Revised Code. Property	30515
owners assessed for public services under this chapter shall have	30516
the same rights and privileges as property owners assessed for	30517
public improvements under this chapter.	30518

Sec. 1710.10. (A) When a participating political subdivision	30519
contracts to provide improvements or services to a special	30520
improvement district, the participating political subdivision	30521
shall charge only its additional cost of providing the improvement	30522
or service, without any allocation of overhead costs, fixed costs,	30523
or assignment of costs at rates higher than those at which the	30524
participating political subdivision assigns costs for similar	30525
improvements or services for political subdivision purposes.	30526

(B) ~~Any~~Except in the case of a district created by an	30527
existing qualified nonprofit corporation, any law enforcement or	30528
fire protection service to be provided under a district's public	30529
service plan shall be provided only by contract with a	30530
participating political subdivision of the district. ~~The~~In the	30531
case of a district created by an existing qualified nonprofit	30532
corporation, the corporation may provide law enforcement service	30533
as provided under section 1702.80 of the Revised Code.	30534

The district shall reimburse the participating political	30535
subdivision for any additional cost incurred in providing that	30536
law enforcement or fire protection service. This additional cost	30537
shall not include any overhead, fixed costs, or assignment of	30538
costs at rates higher than those at which the political	30539
subdivision assigns costs for these services for political	30540
subdivision purposes.	30541

(C) Any liability for providing fire or police services under	30542
this section by a participating political subdivision shall remain	30543
with the participating political subdivision and shall not be	30544
assumed by the district.	30545

Sec. 1710.13. ~~The~~This section does not apply to a special	30546
improvement district created by an existing qualified nonprofit	30547
corporation.	30548

The process for dissolving a special improvement district or	30549
repealing an improvements or services plan may be initiated by a	30550
petition signed by members of the district who own at least twenty	30551
per cent of the appraised value of the real property located in	30552
the district, excluding church property or real property owned by	30553
the federal government, the state, or a county, township, or	30554
municipal corporation, unless the church, county, township, or	30555
municipal corporation has specifically requested in writing that	30556
the property be included in the district, and filed with the	30557
municipal executive, if any, and the legislative authorities of	30558
all the participating political subdivisions of the district. As	30559
used in this section, "appraised value" means the taxable value	30560
established by the county auditor for purposes of real estate	30561
taxation.	30562

No later than forty-five days after such a petition is filed,	30563
the members of the district shall meet to consider it. Notice of	30564
the meeting shall be given as provided in section 1710.05 of the	30565
Revised Code. Upon the affirmative vote of members who	30566
collectively own more than fifty per cent of the appraised value	30567
of the real property in the district that may be subject to	30568
assessment under division (C) of section 1710.06 of the Revised	30569
Code, the district shall be dissolved, or the plan shall be	30570
repealed, as applicable.	30571

No rights or obligations of any person under any contract, or	30572
in relation to any bonds, notes, or assessments made under this	30573
chapter, shall be affected by the dissolution of the district or	30574
the repeal of a plan, except with the consent of that person or by	30575
order of a court with jurisdiction over the matter. Upon	30576
dissolution of a district, any assets or rights of the district,	30577
after payment of all bonds, notes, or other obligations of the	30578
district, shall be deposited in a special account in the treasury	30579
of each participating political subdivision, prorated among all	30580
participating political subdivisions to reflect the percentage of	30581
the district's territory within that political subdivision, to be	30582
used for the benefit of the territory that made up the district.	30583

Once the members have approved the repeal of a plan, all	30584
bonds, notes, and other obligations of the district associated	30585
with the plan shall be paid. Thereafter, the plan shall be	30586
repealed. Upon receipt of proof that all bonds, notes, and other	30587
obligations have been paid and that the plan has been repealed,	30588
the participating political subdivisions shall terminate any	30589
levies imposed to pay for costs of the plan.	30590

Sec. 1724.04. A county ~~having a population of more than one~~	30591
~~million two hundred thousand as of the most recent decennial~~	30592
~~census~~ that elects under section 5722.02 of the Revised Code to	30593
adopt and implement the procedures set forth in sections 5722.02	30594
to 5722.15 of the Revised Code may organize a county land	30595
reutilization corporation under this chapter and Chapter 1702.	30596
of the Revised Code for the purpose of exercising the powers	30597
granted to a county under Chapter 5722. of the Revised Code. The	30598
county treasurer of the county for the benefit of which the	30599
corporation is being organized shall be the incorporator of the	30600
county land reutilization corporation. The form of the articles	30601
of incorporation of the corporation shall be approved by	30602
resolution of the board of county commissioners of the county. A	30603
county land reutilization corporation may not be organized under	30604
this chapter after the day that is one year after ~~the effective~~	30605
~~date of the amendment of this section by S.B. 353 of the 127th~~	30606
~~General Assembly~~April 7, 2009.	30607

When the articles of incorporation of any community	30608
improvement corporation, or any amendment, amended articles,	30609
merger, or consolidation which provides for the creation of such a	30610
corporation, are deposited for filing and recording in the office	30611
of the secretary of state, the secretary of state shall submit	30612
them to the attorney general for examination. If such articles,	30613
amendment, amended articles, merger, or consolidation, are found	30614
by the attorney general to be in accordance with Chapter 1724. of	30615
the Revised Code, and not inconsistent with the constitution and	30616
laws of the United States and of this state, the attorney general	30617
shall endorse thereon the attorney general's approval and deliver	30618
them to the secretary of state, who shall file and record them	30619
pursuant to section 1702.07 of the Revised Code.	30620

Sec. 1739.05. (A) A multiple employer welfare arrangement	30621
that is created pursuant to sections 1739.01 to 1739.22 of the	30622
Revised Code and that operates a group self-insurance program may	30623
be established only if any of the following applies:	30624

(1) The arrangement has and maintains a minimum enrollment of	30625
three hundred employees of two or more employers.	30626

(2) The arrangement has and maintains a minimum enrollment of	30627
three hundred self-employed individuals.	30628

(3) The arrangement has and maintains a minimum enrollment of	30629
three hundred employees or self-employed individuals in any	30630
combination of divisions (A)(1) and (2) of this section.	30631

(B) A multiple employer welfare arrangement that is created	30632
pursuant to sections 1739.01 to 1739.22 of the Revised Code and	30633
that operates a group self-insurance program shall comply with all	30634
laws applicable to self-funded programs in this state, including	30635
sections 3901.04, 3901.041, 3901.19 to 3901.26, 3901.38, 3901.381	30636
to 3901.3814, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14,	30637
3923.24, 3923.282, 3923.30, 3923.301, 3923.38, 3923.581, 3923.63,	30638
3923.80, 3923.84, 3924.031, 3924.032, and 3924.27 of the Revised	30639
Code.	30640

(C) A multiple employer welfare arrangement created pursuant	30641
to sections 1739.01 to 1739.22 of the Revised Code shall solicit	30642
enrollments only through agents or solicitors licensed pursuant to	30643
Chapter 3905. of the Revised Code to sell or solicit sickness and	30644
accident insurance.	30645

(D) A multiple employer welfare arrangement created pursuant	30646
to sections 1739.01 to 1739.22 of the Revised Code shall provide	30647
benefits only to individuals who are members, employees of	30648
members, or the dependents of members or employees, or are	30649
eligible for continuation of coverage under section 1751.53 or	30650
3923.38 of the Revised Code or under Title X of the "Consolidated	30651
Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29	30652
U.S.C.A. 1161, as amended.	30653

Sec. 1751.03. (A) Each application for a certificate of	30654
authority under this chapter shall be verified by an officer or	30655
authorized representative of the applicant, shall be in a format	30656
prescribed by the superintendent of insurance, and shall set forth	30657
or be accompanied by the following:	30658

(1) A certified copy of the applicant's articles of	30659
incorporation and all amendments to the articles of incorporation;	30660

(2) A copy of any regulations adopted for the government of	30661
the corporation, any bylaws, and any similar documents, and a copy	30662
of all amendments to these regulations, bylaws, and documents. The	30663
corporate secretary shall certify that these regulations, bylaws,	30664
documents, and amendments have been properly adopted or approved.	30665

(3) A list of the names, addresses, and official positions of	30666
the persons responsible for the conduct of the applicant,	30667
including all members of the board, the principal officers, and	30668
the person responsible for completing or filing financial	30669
statements with the department of insurance, accompanied by a	30670
completed original biographical affidavit and release of	30671
information for each of these persons on forms acceptable to the	30672
department;	30673

(4) A full and complete disclosure of the extent and nature	30674
of any contractual or other financial arrangement between the	30675
applicant and any provider or a person listed in division (A)(3)	30676
of this section, including, but not limited to, a full and	30677
complete disclosure of the financial interest held by any such	30678
provider or person in any health care facility, provider, or	30679
insurer that has entered into a financial relationship with the	30680
health insuring corporation;	30681

(5) A description of the applicant, its facilities, and its	30682
personnel, including, but not limited to, the location, hours of	30683
operation, and telephone numbers of all contracted facilities;	30684

(6) The applicant's projected annual enrollee population over	30685
a three-year period;	30686

(7) A clear and specific description of the health care plan	30687
or plans to be used by the applicant, including a description of	30688
the proposed providers, procedures for accessing care, and the	30689
form of all proposed and existing contracts relating to the	30690
administration, delivery, or financing of health care services;	30691

(8) A copy of each type of evidence of coverage and	30692
identification card or similar document to be issued to	30693
subscribers;	30694

(9) A copy of each type of individual or group policy,	30695
contract, or agreement to be used;	30696

(10) The schedule of the proposed contractual periodic	30697
prepayments or premium rates, or both, accompanied by appropriate	30698
supporting data;	30699

(11) A financial plan which provides a three-year projection	30700
of operating results, including the projected expenses, income,	30701
and sources of working capital;	30702

(12) The enrollee complaint procedure to be utilized as	30703
required under section 1751.19 of the Revised Code;	30704

(13) A description of the procedures and programs to be	30705
implemented on an ongoing basis to assure the quality of health	30706
care services delivered to enrollees, including, if applicable, a	30707
description of a quality assurance program complying with the	30708
requirements of sections 1751.73 to 1751.75 of the Revised Code;	30709

(14) A statement describing the geographic area or areas to	30710
be served, by county;	30711

(15) A copy of all solicitation documents;

30712

(16) A balance sheet and other financial statements showing	30713
the applicant's assets, liabilities, income, and other sources of	30714
financial support;	30715

(17) A description of the nature and extent of any	30716
reinsurance program to be implemented, and a demonstration that	30717
errors and omission insurance and, if appropriate, fidelity	30718
insurance, will be in place upon the applicant's receipt of a	30719
certificate of authority;	30720

(18) Copies of all proposed or in force related-party or	30721
intercompany agreements with an explanation of the financial	30722
impact of these agreements on the applicant. If the applicant	30723
intends to enter into a contract for managerial or administrative	30724
services, with either an affiliated or an unaffiliated person, the	30725
applicant shall provide a copy of the contract and a detailed	30726
description of the person to provide these services. The	30727
description shall include that person's experience in managing or	30728
administering health care plans, a copy of that person's most	30729
recent audited financial statement, and a completed biographical	30730
affidavit on a form acceptable to the superintendent for each of	30731
that person's principal officers and board members and for any	30732
additional employee to be directly involved in providing	30733
managerial or administrative services to the health insuring	30734
corporation. If the person to provide managerial or administrative	30735
services is affiliated with the health insuring corporation, the	30736
contract must provide for payment for services based on actual	30737
costs.	30738

(19) A statement from the applicant's board that the admitted	30739
assets of the applicant have not been and will not be pledged or	30740
hypothecated;	30741

(20) A statement from the applicant's board that the	30742
applicant will submit monthly financial statements during the	30743
first year of operations;	30744

(21) The name and address of the applicant's Ohio statutory	30745
agent for service of process, notice, or demand;	30746

(22) Copies of all documents the applicant filed with the	30747
secretary of state;	30748

(23) The location of those books and records of the applicant	30749
that must be maintained, which books and records shall be	30750
maintained in Ohio if the applicant is a domestic corporation, and	30751
which may be maintained either in the applicant's state of	30752
domicile or in Ohio if the applicant is a foreign corporation;	30753

(24) The applicant's federal identification number, corporate	30754
address, and mailing address;	30755

(25) An internal and external organizational chart;

30756

(26) A list of the assets representing the initial net worth	30757
of the applicant;	30758

(27) If the applicant has a parent company, the parent	30759
company's guaranty, on a form acceptable to the superintendent,	30760
that the applicant will maintain Ohio's minimum net worth. If no	30761
parent company exists, a statement regarding the availability of	30762
future funds if needed.	30763

(28) The names and addresses of the applicant's actuary and	30764
external auditors;	30765

(29) If the applicant is a foreign corporation, a copy of the	30766
most recent financial statements filed with the insurance	30767
regulatory agency in the applicant's state of domicile;	30768

(30) If the applicant is a foreign corporation, a statement	30769
from the insurance regulatory agency of the applicant's state of	30770
domicile stating that the regulatory agency has no objection to	30771
the applicant applying for an Ohio license and that the applicant	30772
is in good standing in the applicant's state of domicile;	30773

(31) Any other information that the superintendent may	30774
require;	30775

(32) Documentation acceptable to the superintendent of the	30776
bond or securities required by section 1751.271 of the Revised	30777
Code.	30778

(B)(1) A health insuring corporation, unless otherwise	30779
provided for in this chapter or in section 3901.321 of the Revised	30780
Code, shall file a timely notice with the superintendent	30781
describing any change to the corporation's articles of	30782
incorporation or regulations, or any major modification to its	30783
operations as set out in the information required by division (A)	30784
of this section that affects any of the following:	30785

(a) The solvency of the health insuring corporation;

30786

(b) The health insuring corporation's continued provision of	30787
services that it has contracted to provide;	30788

(c) The manner in which the health insuring corporation	30789
conducts its business.	30790

(2) If the change or modification is to be the result of an	30791
action to be taken by the health insuring corporation, the notice	30792
shall be filed with the superintendent prior to the health	30793
insuring corporation taking the action. The action shall be deemed	30794
approved if the superintendent does not disapprove it within sixty	30795
days of filing.	30796

(3) The filing of a notice pursuant to division (B)(1) or (2)	30797
of this section shall also serve as the submission of a notice	30798
when required for the superintendent's review for purposes of	30799
section 3901.341 of the Revised Code, if the notice contains all	30800
of the information that section 3901.341 of the Revised Code	30801
requires for such submissions and a copy of any written agreement.	30802
The filing of such a notice, for the purpose of satisfying this	30803
division and section 3901.341 of the Revised Code, shall be	30804
subject to the sixty-day review period of division (B)(2) of this	30805
section.	30806

(C)(1) No health insuring corporation shall expand its	30807
approved service area until a copy of the request for expansion,	30808
accompanied by documentation of the network of providers, forms of	30809
all proposed or existing provider contracts relating to the	30810
delivery of health care services, a schedule of proposed	30811
contractual periodic prepayments and premium rates for group	30812
contracts accompanied by appropriate supporting data, enrollment	30813
projections, plan of operation, and any other changes have been	30814
filed with the superintendent.	30815

(2) ~~Within ten calendar days after receipt of a complete~~	30816
~~filing under division (C)(1) of this section, the superintendent~~	30817
~~shall refer the appropriate jurisdictional issues to the director~~	30818
~~of health if required pursuant to section 1751.04 of the Revised~~	30819
~~Code.~~	30820

~~(3)~~ Within seventy-five days after the superintendent's	30821
receipt of a complete filing under division (C)(1) of this	30822
section, the superintendent shall determine whether the plan for	30823
expansion is lawful, fair, and reasonable. ~~If a referral is~~	30824
~~required pursuant to section 1751.04 of the Revised Code, the~~	30825
~~superintendent may not make a determination until the~~	30826
~~superintendent has received the director's certification of~~	30827
~~compliance, which the director shall furnish within forty-five~~	30828
~~days after the referral under division (C)(2) of this section. The~~	30829
~~director shall not certify that the requirements of section~~	30830
~~1751.04 of the Revised Code are not met, unless the applicant has~~	30831
~~been given an opportunity for a hearing as provided in division~~	30832
~~(D) of section 1751.04 of the Revised Code. The forty-five-day and~~	30833
~~seventy-five-day review periods provided for in division (C)(3) of~~	30834
~~this section shall cease to run as of the date on which the notice~~	30835
~~of the applicant's right to request a hearing is mailed and shall~~	30836
~~remain suspended until the director issues a final certification.~~	30837

~~(4)~~ If the superintendent has not approved or disapproved all	30838
or a portion of a service area expansion within the	30839
seventy-five-day period ~~provided for in division (C)(3) of this~~	30840
~~section~~, the filing shall be deemed approved.	30841

~~(5)~~(3) Disapproval of all or a portion of the filing shall be	30842
effected by written notice, which shall state the grounds for the	30843
order of disapproval and shall be given in accordance with Chapter	30844
119. of the Revised Code.	30845

Sec. 1751.04. (A) Except as provided by division ~~(F)~~(D) of	30846
this section, upon the receipt by the superintendent of insurance	30847
of a complete application for a certificate of authority to	30848
establish or operate a health insuring corporation, which	30849
application sets forth or is accompanied by the information and	30850
documents required by division (A) of section 1751.03 of the	30851
Revised Code, the superintendent shall ~~transmit copies of the~~	30852
~~application and accompanying documents to the director of health.~~	30853

~~(B) The director shall~~ review the application and	30854
accompanying documents and make findings as to whether the	30855
applicant for a certificate of authority has done all of the	30856
following with respect to any basic health care services and	30857
supplemental health care services to be furnished:	30858

(1) Demonstrated the willingness and potential ability to	30859
ensure that all basic health care services and supplemental health	30860
care services described in the evidence of coverage will be	30861
provided to all its enrollees as promptly as is appropriate and in	30862
a manner that assures continuity;	30863

(2) Made effective arrangements to ensure that its enrollees	30864
have reliable access to qualified providers in those specialties	30865
that are generally available in the geographic area or areas to be	30866
served by the applicant and that are necessary to provide all	30867
basic health care services and supplemental health care services	30868
described in the evidence of coverage;	30869

(3) Made appropriate arrangements for the availability of	30870
short-term health care services in emergencies within the	30871
geographic area or areas to be served by the applicant,	30872
twenty-four hours per day, seven days per week, and for the	30873
provision of adequate coverage whenever an out-of-area emergency	30874
arises;	30875

(4) Made appropriate arrangements for an ongoing evaluation	30876
and assurance of the quality of health care services provided to	30877
enrollees, including, if applicable, the development of a quality	30878
assurance program complying with the requirements of sections	30879
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	30880
personnel, facilities, and equipment by or through which the	30881
services are rendered;	30882

(5) Developed a procedure to gather and report statistics	30883
relating to the cost and effectiveness of its operations, the	30884
pattern of utilization of its services, and the quality,	30885
availability, and accessibility of its services.	30886

~~(C) Within ninety days of the director's receipt of~~(B) Based	30887
upon the information provided in the application for issuance of a	30888
certificate of authority, the ~~director shall certify to the~~	30889
superintendent shall determine whether or not the applicant meets	30890
the requirements of division ~~(B)~~(A) of this section ~~and sections~~	30891
~~3702.51 to 3702.62 of the Revised Code~~. If the ~~director certifies~~	30892
superintendent determines that the applicant does not meet these	30893
requirements, the ~~director~~superintendent shall specify in what	30894
respects it is deficient. However, the ~~director~~superintendent	30895
shall not ~~certify that~~deny an application because the	30896
requirements of this section are not met unless the applicant has	30897
been given an opportunity for a hearing on that issue.	30898

~~(D)~~(C) If the applicant requests a hearing, the ~~director~~	30899
superintendent shall hold a hearing before ~~certifying that~~	30900
denying an application because the applicant does not meet the	30901
requirements of this section. The hearing shall be held in	30902
accordance with Chapter 119. of the Revised Code.	30903

~~(E) The ninety-day review period provided for under division~~	30904
~~(C) of this section shall cease to run as of the date on which the~~	30905
~~notice of the applicant's right to request a hearing is mailed and~~	30906
~~shall remain suspended until the director issues a final~~	30907
~~certification order.~~	30908

~~(F)~~(D) Nothing in this section requires the ~~director~~	30909
superintendent to review or make findings with regard to an	30910
application and accompanying documents to establish or operate	30911
any of the following:	30912

(1) A health insuring corporation to cover solely medicaid	30913
recipients;	30914

(2) A health insuring corporation to cover solely medicare	30915
beneficiaries;	30916

(3) A health insuring corporation to cover solely medicaid	30917
recipients and medicare beneficiaries;	30918

(4) A health insuring corporation to cover solely	30919
participants of the children's buy-in program;	30920

(5) A health insuring corporation to cover solely medicaid	30921
recipients and participants of the children's buy-in program;	30922

(6) A health insuring corporation to cover solely medicaid	30923
recipients, medicare beneficiaries, and participants of the	30924
children's buy-in program.	30925

Sec. 1751.05. (A) The superintendent of insurance shall	30926
issue or deny a certificate of authority to ~~health insuring~~	30927
~~corporations within the deadlines specified as follows:~~	30928

~~(1) For~~ a health insuring corporation filing an application	30929
pursuant to section 1751.03 of the Revised Code, ~~forty-five days~~	30930
~~from the superintendent's receipt of the certification from the~~	30931
~~director of health under division (C) of section 1751.04 of the~~	30932
~~Revised Code;~~	30933

~~(2) One~~one hundred thirty-five days from the	30934
superintendent's receipt of a complete application and	30935
accompanying documents ~~if the health insuring corporation is to~~	30936
~~cover solely the following:~~	30937

~~(a) Medicaid recipients;~~

30938

~~(b) Medicare beneficiaries;~~

30939

~~(c) Medicaid recipients and medicare beneficiaries;~~

30940

~~(d) Participants of the children's buy-in program;~~

30941

~~(e) Medicaid recipients and participants of the children's~~	30942
~~buy-in program;~~	30943

~~(f) Medicaid recipients, medicare beneficiaries, and~~	30944
~~participants of the children's buy-in program~~.	30945

(B) A certificate of authority shall be issued upon payment	30946
of the application fee prescribed in section 1751.44 of the	30947
Revised Code if the superintendent is satisfied that the following	30948
conditions are met:	30949

(1) The persons responsible for the conduct of the affairs of	30950
the applicant are competent, trustworthy, and possess good	30951
reputations.	30952

(2) The ~~director certifies~~superintendent determines, in	30953
accordance with division ~~(C)~~(B) of section 1751.04 of the Revised	30954
Code, that the organization's proposed plan of operation meets	30955
the requirements of division ~~(B)~~(A) of that section ~~and sections~~	30956
~~3702.51 to 3702.62 of the Revised Code~~. ~~If, after the director~~	30957
~~has certified compliance, the application is amended in a manner~~	30958
~~that affects its approval under section 1751.04 of the Revised~~	30959
~~Code, the superintendent shall request the director to review and~~	30960
~~recertify the amended plan of operation. Within forty-five days~~	30961
~~of receipt of the amended plan from the superintendent, the~~	30962
~~director shall certify to the superintendent, pursuant to section~~	30963
~~1751.04 of the Revised Code, whether or not the amended plan~~	30964
~~meets the requirements of section 1751.04 of the Revised Code.~~	30965
~~The superintendent's forty-five-day review period shall cease to~~	30966
~~run as of the date on which the amended plan is transmitted to~~	30967
~~the director and shall remain suspended until the superintendent~~	30968
~~receives a new certification from the director.~~	30969

(3) The applicant constitutes an appropriate mechanism to	30970
effectively provide or arrange for the provision of the basic	30971
health care services, supplemental health care services, or	30972
specialty health care services to be provided to enrollees.	30973

(4) The applicant is financially responsible, complies with	30974
section 1751.28 of the Revised Code, and may reasonably be	30975
expected to meet its obligations to enrollees and prospective	30976
enrollees. In making this determination, the superintendent may	30977
consider:	30978

(a) The financial soundness of the applicant's arrangements	30979
for health care services, including the applicant's proposed	30980
contractual periodic prepayments or premiums and the use of	30981
copayments and deductibles;	30982

(b) The adequacy of working capital;

30983

(c) Any agreement with an insurer, a government, or any other	30984
person for insuring the payment of the cost of health care	30985
services or providing for automatic applicability of an	30986
alternative coverage in the event of discontinuance of the health	30987
insuring corporation's operations;	30988

(d) Any agreement with providers or health care facilities	30989
for the provision of health care services;	30990

(e) Any deposit of securities submitted in accordance with	30991
section 1751.27 of the Revised Code as a guarantee that the	30992
obligations will be performed.	30993

(5) The applicant has submitted documentation of an	30994
arrangement to provide health care services to its enrollees until	30995
the expiration of the enrollees' contracts with the applicant if a	30996
health care plan or the operations of the health insuring	30997
corporation are discontinued prior to the expiration of the	30998
enrollees' contracts. An arrangement to provide health care	30999
services may be made by using any one, or any combination, of the	31000
following methods:	31001

(a) The maintenance of insolvency insurance;

31002

(b) A provision in contracts with providers and health care	31003
facilities, but no health insuring corporation shall rely solely	31004
on such a provision for more than thirty days;	31005

(c) An agreement with other health insuring corporations or	31006
insurers, providing enrollees with automatic conversion rights	31007
upon the discontinuation of a health care plan or the health	31008
insuring corporation's operations;	31009

(d) Such other methods as approved by the superintendent.

31010

(6) Nothing in the applicant's proposed method of operation,	31011
as shown by the information submitted pursuant to section 1751.03	31012
of the Revised Code or by independent investigation, will cause	31013
harm to an enrollee or to the public at large, as determined by	31014
the superintendent.	31015

(7) Any deficiencies ~~certified~~identified by the ~~director~~	31016
superintendent under section 1751.04 of the Revised Code have been	31017
corrected.	31018

(8) The applicant has deposited securities as set forth in	31019
section 1751.27 of the Revised Code.	31020

(C) If an applicant elects to fulfill the requirements of	31021
division ~~(A)~~(B)(5) of this section through an agreement with other	31022
health insuring corporations or insurers, the agreement shall	31023
require those health insuring corporations or insurers to give	31024
thirty days' notice to the superintendent prior to cancellation or	31025
discontinuation of the agreement for any reason.	31026

(D) A certificate of authority shall be denied only after	31027
compliance with the requirements of section 1751.36 of the Revised	31028
Code.	31029

Sec. 1751.14. (A) ~~Any~~Notwithstanding section 3901.71 of the	31030
Revised Code, any policy, contract, or agreement for health care	31031
services authorized by this chapter that is issued, delivered, or	31032
renewed in this state and that provides that coverage of an	31033
unmarried dependent child will terminate upon attainment of the	31034
limiting age for dependent children specified in the policy,	31035
contract, or agreement, shall also provide in substance ~~that~~both	31036
of the following:	31037

(1) Once an unmarried child has attained the limiting age for	31038
dependent children, as provided in the policy, contract, or	31039
agreement, upon the request of the subscriber, the health insuring	31040
corporation shall offer to cover the unmarried child until the	31041
child attains twenty-nine years of age if all of the following	31042
are true:	31043

(a) The child is a resident of this state or a full-time	31044
student at an accredited public or private institution of higher	31045
education.	31046

(b) The child is not employed by an employer that offers any	31047
health benefit plan under which the child is eligible for	31048
coverage.	31049

(c) The child is not eligible for coverage under the medicaid	31050
program established under Chapter 5111. of the Revised Code or the	31051
medicare program established under Title XVIII of the "Social	31052
Security Act," 42 U.S.C. 1395.	31053

(2) That attainment of the limiting age for dependent	31054
children shall not operate to terminate the coverage of ~~the~~a	31055
dependent child if the child is and continues to be both of the	31056
following:	31057

~~(1)~~(a) Incapable of self-sustaining employment by reason of	31058
mental retardation or physical handicap;	31059

~~(2)~~(b) Primarily dependent upon the subscriber for support	31060
and maintenance.	31061

(B) Proof of incapacity and dependence for purposes of	31062
division (A)(2) of this section shall be furnished to the health	31063
insuring corporation within thirty-one days of the child's	31064
attainment of the limiting age. Upon request, but not more	31065
frequently than annually, the health insuring corporation may	31066
require proof satisfactory to it of the continuance of such	31067
incapacity and dependency.	31068

31069

(1) Require that any policy, contract, or agreement offer	31070
coverage for dependent children or provide coverage for an	31071
unmarried dependent child's children as dependents on the	31072
policy, contract, or agreement;	31073

(2) Require an employer to pay for any part of the premium	31074
for an unmarried dependent child that has attained the limiting	31075
age for dependents, as provided in the policy, contract, or	31076
agreement;	31077

(3) Require an employer to offer health insurance coverage to	31078
the dependents of any employee.	31079

(D) This section does not apply to any health insuring	31080
corporation policy, contract, or agreement offering only	31081
supplemental health care services or specialty health care	31082
services.	31083

(E) As used in this section, "health benefit plan" has the	31084
same meaning as in section 3924.01 of the Revised Code and also	31085
includes both of the following:	31086

(1) A public employee benefit plan;

31087

(2) A health benefit plan as regulated under the "Employee	31088
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	31089

Sec. 1751.15. (A) After a health insuring corporation has	31090
furnished, directly or indirectly, basic health care services for	31091
a period of twenty-four months, and if it currently meets the	31092
financial requirements set forth in section 1751.28 of the Revised	31093
Code and had net income as reported to the superintendent of	31094
insurance for at least one of the preceding four calendar	31095
quarters, it shall hold an annual open enrollment period of not	31096
less than thirty days during its month of licensure for	31097
individuals who are not federally eligible individuals at the time	31098
they apply for enrollment.	31099

(B) During the open enrollment period described in division	31100
(A) of this section, the health insuring corporation shall accept	31101
applicants and their dependents in the order in which they apply	31102
for enrollment and in accordance with any of the following:	31103

(1) Up to its capacity, as determined by the health insuring	31104
corporation subject to review by the superintendent;	31105

(2) If less than its capacity, ~~one~~the health insuring	31106
corporation shall not be required to accept applicants under this	31107
section if the total number of subscribers covered by the health	31108
insuring corporation under this section and section 3923.581 of	31109
the Revised Code exceeds four and one-half per cent of the health	31110
insuring corporation's total number of subscribers residing in	31111
this state as of the immediately preceding thirty-first day of	31112
December.	31113

(C) Premiums charged to individuals for open enrollment	31114
coverage under this section shall not exceed an amount that is one	31115
and one-half times the base rate for coverage offered to any other	31116
individual to which the health insuring corporation is currently	31117
accepting new business, and for which similar copayments and	31118
deductibles are applied.	31119

(D) Where a health insuring corporation demonstrates to the	31120
satisfaction of the superintendent that such open enrollment would	31121
jeopardize its economic viability, the superintendent may do any	31122
of the following:	31123

(1) Waive the requirement for open enrollment;

31124

(2) Impose a limit on the number of applicants and their	31125
dependents that must be enrolled;	31126

(3) Authorize such underwriting restrictions upon open	31127
enrollment as are necessary to do any of the following:	31128

(a) Preserve its financial stability;

31129

(b) Prevent excessive adverse selection;

31130

(c) Avoid unreasonably high or unmarketable charges for	31131
coverage of health care services.	31132

~~(D)~~(E)(1) A request to the superintendent under division	31133
~~(C)~~(D) of this section for any restriction, limit, or waiver	31134
during an open enrollment period must be accompanied by	31135
supporting documentation, including financial data. In reviewing	31136
the request, the superintendent may consider various factors,	31137
including the size of the health insuring corporation, the health	31138
insuring corporation's net worth and profitability, the health	31139
insuring corporation's delivery system structure, and the effect	31140
on profitability of prior open enrollments.	31141

(2) Any action taken by the superintendent under division	31142
~~(C)~~(D) of this section shall be effective for a period of not	31143
more than one year. At the expiration of such time, a new	31144
demonstration of the health insuring corporation's need for the	31145
restriction, limit, or waiver shall be made before a new	31146
restriction, limit, or waiver is granted by the superintendent.	31147

(3) Irrespective of the granting of any restriction, limit,	31148
or waiver by the superintendent, a health insuring corporation may	31149
reject an applicant or a dependent of the applicant during its	31150
open enrollment period if the applicant or dependent:	31151

(a) Was eligible for and was covered under any	31152
employer-sponsored health care coverage, or if employer-sponsored	31153
health care coverage was available at the time of open enrollment;	31154

(b) Is eligible for continuation coverage under state or	31155
federal law;	31156

(c) Is eligible for medicare, and the health insuring	31157
corporation does not have an agreement on appropriate payment	31158
mechanisms with the governmental agency administering the medicare	31159
program.	31160

~~(E)~~(F) A health insuring corporation shall not be required	31161
either to enroll applicants or their dependents who are confined	31162
to a health care facility because of chronic illness, permanent	31163
injury, or other infirmity that would cause economic impairment to	31164
the health insuring corporation if such applicants or their	31165
dependents were enrolled or to make the effective date of benefits	31166
for applicants or their dependents enrolled under this section	31167
earlier than ninety days after the date of enrollment.	31168

~~(F)~~(G) A health insuring corporation shall not be required to	31169
cover the fees or costs, or both, for any basic health care	31170
service related to a transplant of a body organ if the transplant	31171
occurs within one year after the effective date of an enrollee's	31172
coverage under this section. This limitation on coverage does not	31173
apply to a newly born child who meets the requirements for	31174
coverage under section 1751.61 of the Revised Code.	31175

~~(G)~~(H) Each health insuring corporation required to hold an	31176
open enrollment pursuant to division (A) of this section shall	31177
file with the superintendent, not later than sixty days prior to	31178
the commencement of the proposed open enrollment period, the	31179
following documents:	31180

(1) The proposed public notice of open enrollment;

31181

(2) The evidence of coverage approved pursuant to section	31182
1751.11 of the Revised Code that will be used during open	31183
enrollment;	31184

(3) The contractual periodic prepayment and premium rate	31185
approved pursuant to this section and section 1751.12 of the	31186
Revised Code that will be applicable during open enrollment;	31187

(4) Any solicitation document approved pursuant to section	31188
1751.31 of the Revised Code to be sent to applicants, including	31189
the application form that will be used during open enrollment;	31190

(5) A list of the proposed dates of publication of the public	31191
notice, and the names of the newspapers in which the notice will	31192
appear;	31193

(6) Any request for a restriction, limit, or waiver with	31194
respect to the open enrollment period, along with any supporting	31195
documentation.	31196

~~(H)~~(I)(1) An open enrollment period shall not satisfy the	31197
requirements of this section unless the health insuring	31198
corporation provides adequate public notice in accordance with	31199
divisions ~~(H)~~(I)(2) and (3) of this section. No public notice	31200
shall be used until the form of the public notice has been filed	31201
by the health insuring corporation with the superintendent. If	31202
the superintendent does not disapprove the public notice within	31203
sixty days after it is filed, it shall be deemed approved, unless	31204
the superintendent sooner gives approval for the public notice.	31205
If the superintendent determines within this sixty-day period	31206
that the public notice fails to meet the requirements of this	31207
section, the superintendent shall so notify the health insuring	31208
corporation and it shall be unlawful for the health insuring	31209
corporation to use the public notice. Such disapproval shall be	31210
effected by a written order, which shall state the grounds for	31211
disapproval and shall be issued in accordance with Chapter 119.	31212
of the Revised Code.	31213

(2) A public notice pursuant to division ~~(H)~~(I)(1) of this	31214
section shall be published in at least one newspaper of general	31215
circulation in each county in the health insuring corporation's	31216
service area, at least once in each of the two weeks immediately	31217
preceding the month in which the open enrollment is to occur and	31218
in each week of that month, or until the enrollment limitation is	31219
reached, whichever occurs first. The notice published during the	31220
last week of open enrollment shall appear not less than five days	31221
before the end of the open enrollment period. It shall be at least	31222
two newspaper columns wide or two and one-half inches wide,	31223
whichever is larger. The first two lines of the text shall be	31224
published in not less than twelve-point, boldface type. The	31225
remainder of the text of the notice shall be published in not less	31226
than eight-point type. The entire public notice shall be	31227
surrounded by a continuous black line not less than one-eighth of	31228
an inch wide.	31229

(3) The following information shall be included in the public	31230
notice provided under division ~~(H)~~(I)(2) of this section:	31231

(a) The dates that open enrollment will be held and the date	31232
coverage obtained under the open enrollment will become effective;	31233

(b) Notice that an applicant or the applicant's dependents	31234
will not be denied coverage during open enrollment because of a	31235
preexisting health condition, but that some limitations and	31236
restrictions may apply;	31237

31238

(d) The telephone number that a person may call to request an	31239
application or to ask questions;	31240

(e) The date the first payment will be due;

31241

(f) The actual rates or range of rates that will be	31242
applicable for applicants;	31243

(g) Any limitation granted by the superintendent on the	31244
number of applications that will be accepted by the health	31245
insuring corporation.	31246

(4) Within thirty days after the end of an open enrollment	31247
period, the health insuring corporation shall submit to the	31248
superintendent proof of publication for the public notices, and	31249
shall report the total number of applicants and their dependents	31250
enrolled during the open enrollment period.	31251

~~(I)~~(J)(1) No health insuring corporation may employ any	31252
scheme, plan, or device that restricts the ability of any person	31253
to enroll during open enrollment.	31254

(2) No health insuring corporation may require enrollment to	31255
be made in person. Every health insuring corporation shall permit	31256
application for coverage by mail. A representative of the health	31257
insuring corporation may visit an applicant who has submitted an	31258
application by mail, in order to explain the operations of the	31259
health insuring corporation and to answer any questions the	31260
applicant may have. Every health insuring corporation shall make	31261
open enrollment applications and solicitation documents readily	31262
available to any potential applicant who requests such material.	31263

~~(J)~~(K) An application postmarked on the last day of an open	31264
enrollment period shall qualify as a valid application, regardless	31265
of the date on which it is received by the health insuring	31266
corporation.	31267

~~(K)~~(L) This section does not apply to any of the following:

31268

(1) Any health insuring corporation that offers only	31269
supplemental health care services or specialty health care	31270
services;	31271

(2) Any health insuring corporation that offers plans only	31272
through medicare, medicaid, or the children's buy-in program and	31273
that has no other commercial enrollment;	31274

(3) Any health insuring corporation that offers plans only	31275
through other federal health care programs regulated by federal	31276
regulatory bodies and that has no other commercial enrollment;	31277

(4) Any health insuring corporation that offers plans only	31278
through contracts covering officers or employees of the state that	31279
have been entered into by the department of administrative	31280
services and that has no other commercial enrollment.	31281

~~(L)~~(M) Each health insuring corporation shall accept	31282
federally eligible individuals for open enrollment coverage as	31283
provided in section 3923.581 of the Revised Code. A health	31284
insuring corporation may reinsure coverage of any federally	31285
eligible individual acquired under that section with the open	31286
enrollment reinsurance program in accordance with division (G) of	31287
section 3924.11 of the Revised Code. Fixed periodic prepayment	31288
rates charged for coverage reinsured by the program shall be	31289
established in accordance with section 3924.12 of the Revised	31290
Code.	31291

~~(M)~~(N) As used in this section~~, "federally~~:

31292

(1) "Base rate" means, as to any health benefit plan that is	31293
issued by a health insuring corporation in the individual market,	31294
the lowest premium rate for new or existing business prescribed by	31295
the health insuring corporation for the same or similar coverage	31296
under a plan or arrangement covering any individual with similar	31297
case characteristics.	31298

(2) "Federally eligible individual" means an eligible	31299
individual as defined in 45 C.F.R. 148.103.	31300

Sec. 1751.16. (A) Except as provided in division (F) of this	31301
section, every group contract issued by a health insuring	31302
corporation shall provide an option for conversion to an	31303
individual contract issued on a direct-payment basis to any	31304
subscriber covered by the group contract who terminates employment	31305
or membership in the group, unless:	31306

(1) Termination of the conversion option or contract is based	31307
upon nonpayment of premium after reasonable notice in writing has	31308
been given by the health insuring corporation to the subscriber.	31309

(2) The subscriber is, or is eligible to be, covered for	31310
benefits at least comparable to the group contract under any of	31311
the following:	31312

(a) Medicare;

31313

(b) Any act of congress or law under this or any other state	31314
of the United States providing coverage at least comparable to the	31315
benefits under division (A)(2)(a) of this section;	31316

(c) Any policy of insurance or health care plan providing	31317
coverage at least comparable to the benefits under division	31318
(A)(2)(a) of this section.	31319

(B)(1) The direct-payment contract offered by the health	31320
insuring corporation pursuant to division (A) of this section	31321
shall provide the following:	31322

(a) In the case of an individual who is not a federally	31323
eligible individual, benefits comparable to benefits in any of the	31324
individual contracts then being issued to individual subscribers	31325
by the health insuring corporation;	31326

(b) In the case of a federally eligible individual, a basic	31327
and standard plan established ~~by the board of directors of the~~	31328
~~Ohio health reinsurance program~~under section 3924.10 of the	31329
Revised Code or plans substantially similar to the basic and	31330
standard plan in benefit design and scope of covered services. For	31331
purposes of division (B)(1)(b) of this section, the	31332
superintendent of insurance shall determine whether a plan is	31333
substantially similar to the basic or standard plan in benefit	31334
design and scope of covered services. The contractual periodic	31335
prepayments charged for such plans may not exceed an amount that	31336
is ~~two~~one and one-half times the ~~midpoint of the standard~~base	31337
rate charged any other individual of a group to which the	31338
organization is currently accepting new business and for which	31339
similar copayments and deductibles are applied.	31340

(2) The direct payment contract offered pursuant to division	31341
(A) of this section may include a coordination of benefits	31342
provision as approved by the superintendent.	31343

(3) For purposes of division (B) of this section ~~"federally~~:

31344

(a) "Federally eligible individual" means an eligible	31345
individual as defined in 45 C.F.R. 148.103.	31346

(b) "Base rate" means, as to any health benefit plan that is	31347
issued by a health insuring corporation in the individual market,	31348
the lowest premium rate for new or existing business prescribed by	31349
the health insuring corporation for the same or similar coverage	31350
under a plan or arrangement covering any individual with similar	31351
case characteristics.	31352

31353

(1) Upon the death of the subscriber, to the surviving spouse	31354
with respect to such of the spouse and dependents as are then	31355
covered by the group contract;	31356

(2) To a child solely with respect to the child upon the	31357
child's attaining the limiting age of coverage under the group	31358
contract while covered as a dependent under the contract;	31359

(3) Upon the divorce, dissolution, or annulment of the	31360
marriage of the subscriber, to the divorced spouse, or, in the	31361
event of annulment, to the former spouse of the subscriber.	31362

(D) No health insuring corporation shall use age or health	31363
status as the basis for refusing to renew a converted contract.	31364

(E) Written notice of the conversion option provided by this	31365
section shall be given to the subscriber by the health insuring	31366
corporation by mail. The notice shall be sent to the subscriber's	31367
address in the records of the employer upon receipt of notice from	31368
the employer of the event giving rise to the conversion option. If	31369
the subscriber has not received notice of the conversion privilege	31370
at least fifteen days prior to the expiration of the thirty-day	31371
conversion period, then the subscriber shall have an additional	31372
period within which to exercise the privilege. This additional	31373
period shall expire fifteen days after the subscriber receives	31374
notice, but in no event shall the period extend beyond sixty days	31375
after the expiration of the thirty-day conversion period.	31376

(F) This section does not apply to any group contract	31377
offering only supplemental health care services or specialty	31378
health care services.	31379

Sec. 1751.19. (A) A health insuring corporation shall	31380
establish and maintain a complaint system that has been approved	31381
by the superintendent of insurance to provide adequate and	31382
reasonable procedures for the expeditious resolution of written	31383
complaints initiated by subscribers or enrollees concerning any	31384
matter relating to services provided, directly or indirectly, by	31385
the health insuring corporation, including, but not limited to,	31386
complaints regarding cancellations or nonrenewals of coverage.	31387
Complaints regarding a health insuring corporation's decision to	31388
deny, reduce, or terminate coverage for health care services are	31389
subject to section 1751.83 of the Revised Code.	31390

(B) A health insuring corporation shall provide a timely	31391
written response to each written complaint it receives.	31392

(C)(1) Copies of complaints and responses, including medical	31393
records related to those complaints, shall be available to the	31394
superintendent ~~and the director of health~~ for inspection for three	31395
years. Any document or information provided to the superintendent	31396
pursuant to this division that contains a medical record is	31397
confidential, and is not a public record subject to section 149.43	31398
of the Revised Code.	31399

(2) Notwithstanding division (C)(1) of this section, the	31400
superintendent may share documents and information that contain a	31401
medical record in connection with the investigation or prosecution	31402
of any illegal or criminal activity with the chief deputy	31403
rehabilitator, the chief deputy liquidator, other deputy	31404
rehabilitators and liquidators, and any other person employed by,	31405
or acting on behalf of, the superintendent pursuant to Chapter	31406
3901. or 3903. of the Revised Code, with other local, state,	31407
federal, and international regulatory and law enforcement	31408
agencies, with local, state, and federal prosecutors, and with the	31409
national association of insurance commissioners and its affiliates	31410
and subsidiaries, provided that the recipient agrees to maintain	31411
the confidential or privileged status of the confidential or	31412
privileged document or information and has authority to do so.	31413

(3) Nothing in this section shall prohibit the superintendent	31414
from receiving documents and information in accordance with	31415
section 3901.045 of the Revised Code.	31416

(4) The superintendent may enter into agreements governing	31417
the sharing and use of documents and information consistent with	31418
the requirements of this section.	31419

(5) No waiver of any applicable privilege or claim of	31420
confidentiality in the documents and information described in	31421
division (C)(1) of this section occurs as a result of sharing or	31422
receiving documents and information as authorized in divisions	31423
(C)(2) and (3) of this section.	31424

(D) A health insuring corporation shall establish and	31425
maintain a procedure to accept complaints over the telephone or in	31426
person. These complaints are not subject to the reporting	31427
requirement under division (C) of section 1751.32 of the Revised	31428
Code.	31429

(E) A health insuring corporation may comply with this	31430
section and section 1751.83 of the Revised Code by establishing	31431
one system for receiving and reviewing complaints and requests for	31432
internal review from enrollees and subscribers if the system meets	31433
the requirements of both sections.	31434

Sec. 1751.32. Each health insuring corporation, annually, on	31435
or before the first day of March, shall file a report with the	31436
superintendent of insurance ~~and the director of health~~, covering	31437
the preceding calendar year.	31438

The report shall be verified by an officer of the health	31439
insuring corporation, shall be in the form the superintendent	31440
prescribes, and shall include:	31441

(A) A financial statement of the health insuring corporation,	31442
including its balance sheet and receipts and disbursements for the	31443
preceding year, which reflect, at a minimum:	31444

(1) All premium rate and other payments received for health	31445
care services rendered;	31446

(2) Expenditures with respect to all categories of providers,	31447
facilities, insurance companies, and other persons engaged to	31448
fulfill obligations of the health insuring corporation arising out	31449
of its health care policies, contracts, certificates, and	31450
agreements;	31451

(3) Expenditures for capital improvements or additions	31452
thereto, including, but not limited to, construction, renovation,	31453
or purchase of facilities and equipment.	31454

(B) A description of the enrollee population and composition,	31455
group and nongroup;	31456

(C) A summary of enrollee written complaints and their	31457
disposition;	31458

(D) A statement of the number of subscriber policies,	31459
contracts, certificates, and agreements that have been terminated	31460
by action of the health insuring corporation, including the number	31461
of enrollees affected;	31462

(E) A summary of the information compiled pursuant to	31463
division (B)(5) of section 1751.04 of the Revised Code;	31464

(F) A current report of the names and addresses of the	31465
persons responsible for the conduct of the affairs of the health	31466
insuring corporation as required by section 1751.03 of the Revised	31467
Code. Additionally, the report shall include the amount of wages,	31468
expense reimbursements, and other payments to these persons for	31469
services to the health insuring corporation, and shall include a	31470
full disclosure of the financial interests related to the	31471
operations of the health insuring corporation acquired by these	31472
persons during the preceding year.	31473

(G) An actuarial opinion in the form prescribed by the	31474
superintendent by rule;	31475

(H) Any other information relating to the performance of the	31476
health insuring corporation that is necessary to enable the	31477
superintendent to carry out the superintendent's duties under this	31478
chapter.	31479

Sec. 1751.321. Each health insuring corporation, annually,	31480
on or before the first day of June, shall file with the	31481
superintendent of insurance ~~and the director of health~~ an audit	31482
report certified by an independent certified public accountant	31483
covering the preceding calendar year. The report shall be verified	31484
by an officer of the health insuring corporation and shall be in	31485
the form prescribed by the superintendent by rule.	31486

Sec. 1751.34. (A) Each health insuring corporation and each	31487
applicant for a certificate of authority under this chapter shall	31488
be subject to examination by the superintendent of insurance in	31489
accordance with section 3901.07 of the Revised Code. Section	31490
3901.07 of the Revised Code shall govern every aspect of the	31491
examination, including the circumstances under and frequency with	31492
which it is conducted, the authority of the superintendent and any	31493
examiner or other person appointed by the superintendent, the	31494
liability for the assessment of expenses incurred in conducting	31495
the examination, and the remittance of the assessment to the	31496
superintendent's examination fund.	31497

(B) The ~~director of health~~superintendent shall make an	31498
examination concerning the matters subject to the ~~director's~~	31499
superintendent's consideration in section 1751.04 of the Revised	31500
Code as often as the ~~director~~superintendent considers it	31501
necessary for the protection of the interests of the people of	31502
this state~~, but not less frequently than once every three years~~.	31503
The expenses of such examinations shall be assessed against the	31504
health insuring corporation being examined in the manner in which	31505
expenses of examinations are assessed against an insurance	31506
company under section 3901.07 of the Revised Code. Nothing in	31507
this division requires the ~~director~~superintendent to make an	31508
examination of any of the following:	31509

(1) A health insuring corporation that covers solely medicaid	31510
recipients;	31511

(2) A health insuring corporation that covers solely	31512
medicare beneficiaries;	31513

(3) A health insuring corporation that covers solely	31514
medicaid recipients and medicare beneficiaries;	31515

(4) A health insuring corporation that covers solely	31516
participants of the children's buy-in program;	31517

(5) A health insuring corporation that covers solely medicaid	31518
recipients and participants of the children's buy-in program;	31519

(6) A health insuring corporation that covers solely medicaid	31520
recipients, medicare beneficiaries, and participants of the	31521
children's buy-in program.	31522

(C) An examination, pursuant to section 3901.07 of the	31523
Revised Code, of an insurance company holding a certificate of	31524
authority under this chapter to organize and operate a health	31525
insuring corporation shall include an examination of the health	31526
insuring corporation pursuant to this section and the examination	31527
shall satisfy the requirements of divisions (A) and (B) of this	31528
section.	31529

(D) The superintendent may conduct market conduct	31530
examinations pursuant to section 3901.011 of the Revised Code of	31531
any health insuring corporation as often as the superintendent	31532
considers it necessary for the protection of the interests of	31533
subscribers and enrollees. The expenses of such market conduct	31534
examinations shall be assessed against the health insuring	31535
corporation being examined. All costs, assessments, or fines	31536
collected under this division shall be paid into the state	31537
treasury to the credit of the department of insurance operating	31538
fund.	31539

Sec. 1751.35. (A) The superintendent of insurance may	31540
suspend or revoke any certificate of authority issued to a health	31541
insuring corporation under this chapter if the superintendent	31542
finds that:	31543

(1) The health insuring corporation is operating in	31544
contravention of its articles of incorporation, its health care	31545
plan or plans, or in a manner contrary to that described in and	31546
reasonably inferred from any other information submitted under	31547
section 1751.03 of the Revised Code, unless amendments to such	31548
submissions have been filed and have taken effect in compliance	31549
with this chapter.	31550

(2) The health insuring corporation fails to issue evidences	31551
of coverage in compliance with the requirements of section 1751.11	31552
of the Revised Code.	31553

(3) The contractual periodic prepayments or premium rates	31554
used do not comply with the requirements of section 1751.12 of the	31555
Revised Code.	31556

(4) The health insuring corporation enters into a contract,	31557
agreement, or other arrangement with any health care facility or	31558
provider, that does not comply with the requirements of section	31559
1751.13 of the Revised Code, or the corporation fails to provide	31560
an annual certificate as required by section 1751.13 of the	31561
Revised Code.	31562

(5) The ~~director of health has certified~~superintendent	31563
determines, after a hearing conducted in accordance with Chapter	31564
119. of the Revised Code, that the health insuring corporation no	31565
longer meets the requirements of section 1751.04 of the Revised	31566
Code.	31567

(6) The health insuring corporation is no longer financially	31568
responsible and may reasonably be expected to be unable to meet	31569
its obligations to enrollees or prospective enrollees.	31570

(7) The health insuring corporation has failed to implement	31571
the complaint system that complies with the requirements of	31572
section 1751.19 of the Revised Code.	31573

(8) The health insuring corporation, or any agent or	31574
representative of the corporation, has advertised, merchandised,	31575
or solicited on its behalf in contravention of the requirements of	31576
section 1751.31 of the Revised Code.	31577

(9) The health insuring corporation has unlawfully	31578
discriminated against any enrollee or prospective enrollee with	31579
respect to enrollment, disenrollment, or price or quality of	31580
health care services.	31581

(10) The continued operation of the health insuring	31582
corporation would be hazardous or otherwise detrimental to its	31583
enrollees.	31584

(11) The health insuring corporation has submitted false	31585
information in any filing or submission required under this	31586
chapter or any rule adopted under this chapter.	31587

(12) The health insuring corporation has otherwise failed to	31588
substantially comply with this chapter or any rule adopted under	31589
this chapter.	31590

(13) The health insuring corporation is not operating a	31591
health care plan.	31592

(14) The health insuring corporation has failed to comply	31593
with any of the requirements of sections 1751.77 to 1751.88 of the	31594
Revised Code.	31595

(B) A certificate of authority shall be suspended or revoked	31596
only after compliance with the requirements of Chapter 119. of the	31597
Revised Code.	31598

(C) When the certificate of authority of a health insuring	31599
corporation is suspended, the health insuring corporation, during	31600
the period of suspension, shall not enroll any additional	31601
subscribers or enrollees except newborn children or other newly	31602
acquired dependents of existing subscribers or enrollees, and	31603
shall not engage in any advertising or solicitation whatsoever.	31604

(D) When the certificate of authority of a health insuring	31605
corporation is revoked, the health insuring corporation, following	31606
the effective date of the order of revocation, shall conduct no	31607
further business except as may be essential to the orderly	31608
conclusion of the affairs of the health insuring corporation. The	31609
health insuring corporation shall engage in no further advertising	31610
or solicitation whatsoever. The superintendent, by written order,	31611
may permit such further operation of the health insuring	31612
corporation as the superintendent may find to be in the best	31613
interest of enrollees, to the end that enrollees will be afforded	31614
the greatest practical opportunity to obtain continuing health	31615
care coverage.	31616

Sec. 1751.36. (A) When the superintendent of insurance has	31617
cause to believe that grounds for the denial of an application for	31618
a certificate of authority exist, or that grounds for the	31619
suspension or revocation of a certificate of authority exist, the	31620
superintendent shall notify the applicant or health insuring	31621
corporation ~~and the director of health~~ in writing, specifically	31622
stating the grounds for the denial, suspension, or revocation and	31623
setting a date of at least thirty days after the notification for	31624
a hearing on the matter.	31625

(B) ~~The recommendations and findings of the director of~~	31626
~~health with respect to matters subject to the director's~~	31627
~~consideration under section 1751.04 of the Revised Code, provided~~	31628
~~in connection with any decision regarding the denial, suspension,~~	31629
~~or revocation of a certificate of authority, shall be reviewed and~~	31630
~~considered by the superintendent.~~ After the hearing authorized by	31631
division (A) of this section, or upon the failure of the applicant	31632
or health insuring corporation to appear at the hearing, the	31633
superintendent shall take such action as in accordance with law	31634
and the evidence. The action shall be set out in written findings	31635
which shall be mailed to the applicant or health insuring	31636
corporation ~~with a copy to the director of health~~. The action of	31637
the superintendent is subject to review in accordance with Chapter	31638
119. of the Revised Code~~, except that a certification by the~~	31639
~~director under division (D) of section 1751.04 or division (A)(5)~~	31640
~~of section 1751.35 of the Revised Code that was made in accordance~~	31641
~~with Chapter 119. of the Revised Code shall be final as to the~~	31642
~~matters certified~~.	31643

(C) Chapter 119. of the Revised Code applies to proceedings	31644
under this section to the extent that it is not in conflict with	31645
divisions (A) and (B) of this section.	31646

Sec. 1751.45. (A) In lieu of the suspension or revocation of	31647
a certificate of authority under section 1751.35 of the Revised	31648
Code, the superintendent of insurance, pursuant to an adjudication	31649
hearing initiated and conducted in accordance with Chapter 119. of	31650
the Revised Code, or by consent of the health insuring corporation	31651
without an adjudication hearing, may levy an administrative	31652
penalty. The administrative penalty shall be in an amount	31653
determined by the superintendent, but the administrative penalty	31654
shall not exceed one hundred thousand dollars per violation.	31655
Additionally, the superintendent may require the health insuring	31656
corporation to correct any deficiency that may be the basis for	31657
the suspension or revocation of the health insuring corporation's	31658
certificate of authority. All penalties collected shall be paid	31659
into the state treasury to the credit of the department of	31660
insurance operating fund.	31661

(B) If the superintendent ~~or the director of health~~ for any	31662
reason has cause to believe that any violation of this chapter has	31663
occurred or is threatened, the superintendent ~~or the director~~ may	31664
give notice to the health insuring corporation and to the	31665
representatives or other persons who appear to be involved in the	31666
suspected violation to arrange a conference with the suspected	31667
violators or their authorized representatives for the purpose of	31668
attempting to ascertain the facts relating to the suspected	31669
violation, and, if it appears that any violation has occurred or	31670
is threatened, to arrive at an adequate and effective means of	31671
correcting or preventing the violation.	31672

Proceedings under this division shall not be covered by any	31673
formal procedural requirements, and may be conducted in the manner	31674
the superintendent ~~or the director of health~~ may consider	31675
appropriate under the circumstances.	31676

(C)(1) The superintendent may issue an order directing a	31677
health insuring corporation or a representative of the health	31678
insuring corporation to cease and desist from engaging in any act	31679
or practice in violation of this chapter. Within thirty days after	31680
service of the order to cease and desist, the respondent may	31681
request a hearing on the question of whether acts or practices in	31682
violation of this chapter have occurred. Such hearings shall be	31683
conducted in accordance with Chapter 119. of the Revised Code and	31684
judicial review shall be available as provided by that chapter.	31685

(2) If the superintendent has reasonable cause to believe	31686
that an order issued pursuant to this division has been violated	31687
in whole or in part, the superintendent may request the attorney	31688
general to commence and prosecute any appropriate action or	31689
proceeding in the name of the state against the violators in the	31690
court of common pleas of Franklin county. The court in any such	31691
action or proceeding may levy civil penalties, not to exceed one	31692
hundred thousand dollars per violation, in addition to any other	31693
appropriate relief, including requiring a violator to pay the	31694
expenses reasonably incurred by the superintendent in enforcing	31695
the order. The penalties and fees collected under this division	31696
shall be paid into the state treasury to the credit of the	31697
department of insurance operating fund.	31698

Sec. 1751.46. (A) The superintendent of insurance ~~and the~~	31699
~~director of health~~ may contract with qualified persons to make	31700
recommendations concerning the determinations required to be made	31701
by the superintendent ~~or the director~~ relative to an expansion of	31702
a service area pursuant to division (C) of section 1751.03 of the	31703
Revised Code, an application for a certificate of authority	31704
pursuant to sections 1751.04 and 1751.05 of the Revised Code, a	31705
contractual periodic prepayment or premium rate pursuant to	31706
section 1751.12 of the Revised Code, and an examination pursuant	31707
to division (B) of section 1751.34 of the Revised Code. The	31708
recommendations may be accepted in full or in part, or may be	31709
rejected, by the superintendent ~~or director~~.	31710

The total cost of a contract with a qualified person pursuant	31711
to this division shall represent the fair market value of the	31712
services provided and shall be borne by the health insuring	31713
corporation that is the subject of the determination required to	31714
be made by the superintendent ~~or the director~~.	31715

(B) No qualified person placed on contract by the	31716
superintendent ~~or the director~~ pursuant to division (A) of this	31717
section shall have a conflict of interest with the department of	31718
insurance~~, the department of health,~~ or the health insuring	31719
corporation.	31720

Sec. 1751.48. ~~(A)~~ The superintendent of insurance may adopt	31721
rules as are necessary to carry out the provisions of this	31722
chapter. These rules shall be adopted in accordance with Chapter	31723
119. of the Revised Code.	31724

~~(B) The director of health may make recommendations to the~~	31725
~~superintendent for rules that are necessary to enable the director~~	31726
~~to carry out the director's responsibilities under this chapter,~~	31727
~~including rules that prescribe standards relating to the~~	31728
~~requirements set forth in division (B) of section 1751.04 of the~~	31729
~~Revised Code. In adopting any rules pertaining to the director's~~	31730
~~responsibilities, the superintendent shall consider the~~	31731
~~recommendations of the director.~~	31732

Sec. 1751.68. (A) Notwithstanding section 3901.71 of the	31733
Revised Code, no health insuring corporation policy, contract, or	31734
agreement that provides basic health care services that is	31735
delivered, issued for delivery, or renewed in this state shall	31736
exclude coverage for the screening and diagnosis of autism	31737
spectrum disorders or for any of the following services when	31738
those services are medically necessary and are prescribed,	31739
provided, or ordered for an individual diagnosed with an autism	31740
spectrum disorder by a health care professional licensed or	31741
certified under the laws of this state to prescribe, provide, or	31742
order such services:	31743

(1) Habilitative or rehabilitative care;

31744

(2) Pharmacy care if the policy, contract, or agreement	31745
provides coverage for other prescription drug services;	31746

(3) Psychiatric care;

31747

(4) Psychological care;

31748

(5) Therapeutic care;

31749

(6) Counseling services;

31750

(7) Any additional treatments or therapies adopted by the	31751
director of mental retardation and developmental disabilities	31752
pursuant to division (I)(4) of section 3923.84 of the Revised	31753
Code.	31754

(B) Coverage provided under this section shall be delineated	31755
in a treatment plan developed by the attending psychologist or	31756
physician and shall not be subject to any limits on the number or	31757
duration of visits an individual may make to any autism service	31758
provider, except as delineated in the treatment plan, if the	31759
services are medically necessary.	31760

(C) Coverage provided under this section may be subject to	31761
any copayment, deductible, and coinsurance provisions of the	31762
policy, contract, or agreement to the extent that other medical	31763
services covered by the policy, contract, or agreement are	31764
subject to those provisions. Coverage provided under this section	31765
may be subject to a yearly maximum limitation of thirty-six	31766
thousand dollars on claims paid for services related to coverage	31767
provided under this section.	31768

(D)(1) Not more than once every six months, a health insuring	31769
corporation may request a review of any treatment provided under	31770
this section unless the insured's licensed physician or	31771
licensed psychologist agrees that more frequent review is	31772
necessary. The health insuring corporation shall pay for any	31773
review requested under this division.	31774

(2) If requested by the health insuring corporation, the	31775
provider shall provide the health insuring corporation with an	31776
annual treatment plan.	31777

(3) Inpatient services are not subject to the six-month	31778
review limitations under division (D)(1) of this section.	31779

(E) This section shall not be construed as limiting benefits	31780
otherwise available under an individual's policy, contract, or	31781
agreement.	31782

(F) This section shall not be construed as affecting any	31783
obligation to provide services to an individual under an	31784
individualized family service plan developed under 20 U.S.C. 1436	31785
or individualized service plan developed under section 5126.31 of	31786
the Revised Code, or affecting the duty of a public school to	31787
provide a child with a disability with a free appropriate public	31788
education under the "Individuals with Disabilities Education	31789
Improvement Act of 2004," 20 U.S.C. 1400 et seq., as amended, and	31790
Chapter 3323. of the Revised Code.	31791

(G) A health insuring corporation that offers coverage for	31792
basic health care services is not required to offer the coverage	31793
required under division (A) of this section in combination with	31794
the offer of coverage for basic health care services if all of	31795
the following apply:	31796

(1) The health insuring corporation submits documentation	31797
certified by an independent member of the American academy of	31798
actuaries to the superintendent of insurance showing that incurred	31799
claims for the coverage required under division (A) of this	31800
section for a period of at least six months independently caused	31801
the health insuring corporation's costs for claims and	31802
administrative expenses for the coverage of all covered services	31803
to increase by more than one per cent per year.	31804

(2) The health insuring corporation submits a signed letter	31805
from an independent member of the American academy of actuaries to	31806
the superintendent of insurance opining that the increase in costs	31807
described in division (D)(1) of this section could reasonably	31808
justify an increase of more than one per cent in the annual	31809
premiums or rates charged by the health insuring corporation for	31810
the coverage of basic health care services.	31811

(3) The superintendent of insurance makes the following	31812
determinations from the documentation and opinion submitted	31813
pursuant to divisions (D)(1) and (2) of this section:	31814

(a) Incurred claims for the coverage required under division	31815
(A) of this section for a period of at least six months	31816
independently caused the health insuring corporation's costs for	31817
claims and administrative expenses for the coverage of all covered	31818
services to increase by more than one per cent per year.	31819

(b) The increase in costs reasonably justifies an increase of	31820
more than one per cent in the annual premiums or rates charged by	31821
the health insuring corporation for the coverage of basic health	31822
care services.	31823

Any determination made by the superintendent under this	31824
division is subject to Chapter 119. of the Revised Code.	31825

(H) The services covered under this section shall not be	31826
considered supplemental health care services under division (B)(1)	31827
of section 1751.01 of the Revised Code.	31828

(I) As used in this section:

31829

(1) "Applied behavior analysis" means the design,	31830
implementation, and evaluation of environmental modifications	31831
using behavioral stimuli and consequences to produce socially	31832
significant improvement in human behavior, including, but not	31833
limited to, the use of direct observation, measurement, and	31834
functional analysis of the relationship between environment and	31835
behavior.	31836

(2) "Autism services provider" means any person whose	31837
professional scope of practice allows treatment of autism spectrum	31838
disorders, whose services are delineated in the treatment plan	31839
under division (B) of this section, and of whom one of the	31840
following is true:	31841

(a) The person is licensed, certified, or registered by an	31842
appropriate agency of this state to perform the services assigned	31843
to the person in the treatment plan.	31844

(b) The person is directly supervised by an individual who is	31845
licensed, certified, or registered by an appropriate agency of	31846
this state to perform the services assigned to the person in the	31847
treatment plan.	31848

(3) "Autism spectrum disorder" means any of the pervasive	31849
developmental disorders as defined by the most recent edition of	31850
the diagnostic and statistical manual of mental disorders,	31851
published by the American psychiatric association, or if that	31852
manual is no longer published, a similar diagnostic manual. Autism	31853
spectrum disorders includes, but is not limited to, autistic	31854
disorder, Asperger's disorder, Rett's disorder, childhood	31855
disintegrative disorder, and pervasive developmental disorder.	31856

(4) "Diagnosis of autism spectrum disorders" means medically	31857
necessary assessments, evaluations, or tests, including but not	31858
limited to genetic and psychological tests to determine whether an	31859
individual has an autism spectrum disorder.	31860

(5) "Habilitative or rehabilitative care" means professional,	31861
counseling, and guidance services and treatment programs,	31862
including applied behavior analysis, that are necessary to	31863
develop, maintain, or restore the functioning of an individual to	31864
the maximum extent practicable.	31865

(6) "Medically necessary" means the service is based upon	31866
evidence; is prescribed, provided, or ordered by a health care	31867
professional licensed or certified under the laws of this state to	31868
prescribe, provide, or order autism-related services in accordance	31869
with accepted standards of practice; and will or is reasonably	31870
expected to do any of the following:	31871

(a) Prevent the onset of an illness, condition, injury, or	31872
disability;	31873

(b) Reduce or ameliorate the physical, mental or	31874
developmental effects of an illness, condition, injury, or	31875
disability;	31876

(c) Assist in achieving or maintaining maximum functional	31877
capacity for performing daily activities, taking into account both	31878
the functional capacity of the individual and the appropriate	31879
functional capacities of individuals of the same age.	31880

(7) "Pharmacy care" means prescribed medications and any	31881
medically necessary health-related services used to determine the	31882
need or effectiveness of the medications.	31883

(8) "Psychiatric care" means direct or consultative services	31884
provided by a psychiatrist licensed in the state in which the	31885
psychiatrist practices psychiatry.	31886

(9) "Psychological care" means direct or consultative	31887
services provided by a psychologist licensed in the state in which	31888
the psychologist practices psychology.	31889

(10) "Therapeutic care" means services, communication	31890
devices, or other adaptive devices or equipment provided by a	31891
licensed speech-language pathologist, licensed occupational	31892
therapist, or licensed physical therapist.	31893

Sec. 1751.831. The superintendent of insurance shall	31894
establish and maintain a system for receiving and reviewing	31895
requests for review from or on behalf of enrollees who, under	31896
section 1751.83 of the Revised Code, have been denied coverage of	31897
a health care service or had coverage reduced or terminated when	31898
the grounds for the denial, reduction, or termination is that the	31899
service is not a service covered under the terms of the enrollee's	31900
policy, contract, or agreement.	31901

On receipt of a written request from an enrollee or	31902
authorized person, the superintendent shall consider whether the	31903
health care service is a service covered under the terms of the	31904
enrollee's policy, contract, or agreement, except that the	31905
superintendent shall not conduct a review under this section	31906
unless the enrollee has exhausted the health insuring	31907
corporation's internal review process established pursuant to	31908
section 1751.83 of the Revised Code. The health insuring	31909
corporation and the enrollee or authorized person shall provide	31910
the superintendent with any information required by the	31911
superintendent that is in their possession and is germane to the	31912
review.	31913

Unless the superintendent is not able to do so because making	31914
the determination requires resolution of a medical issue, the	31915
superintendent shall determine whether the health care service at	31916
issue is a service covered under the terms of the enrollee's	31917
contract, policy, or agreement. The superintendent shall notify	31918
the enrollee, or authorized person, and the health insuring	31919
corporation of the superintendent's determination or that the	31920
superintendent is not able to make a determination.	31921

If the superintendent notifies the health insuring	31922
corporation that making the determination requires the resolution	31923
of a medical issue, the health insuring corporation shall ~~afford~~	31924
~~the enrollee an opportunity for~~initiate an external review under	31925
section 1751.84 or 1751.85 of the Revised Code. If the	31926
superintendent notifies the health insuring corporation that the	31927
health service is a covered service, the health insuring	31928
corporation shall ~~either~~ cover the service ~~or afford the enrollee~~	31929
~~an opportunity for an external review under section 1751.84 or~~	31930
~~1751.85 of the Revised Code~~. If the superintendent notifies the	31931
health insuring corporation that the health care service is not a	31932
covered service, the health insuring corporation is not required	31933
to cover the service or afford the enrollee an external review.	31934

Sec. 1751.84. (A) Except as provided in divisions (B) and	31935
(C) of this section, a health insuring corporation shall afford an	31936
enrollee an opportunity for an external review if both of the	31937
following are the case:	31938

(1) The health insuring corporation has denied, reduced, or	31939
terminated coverage for what would be a covered health care	31940
service except for the fact that the health insuring corporation	31941
has determined that the health care service is not medically	31942
necessary;	31943

(2) Except in the case of an expedited review, the service,	31944
plus any ancillary services and follow-up care, will cost the	31945
enrollee more than five hundred dollars if the proposed service is	31946
not covered by the health insuring corporation.	31947

External review shall be conducted in accordance with this	31948
section, except that if an enrollee with a terminal condition	31949
meets all of the criteria of division (A) of section 1751.85 of	31950
the Revised Code, an external review shall be conducted under that	31951
section.	31952

(B) An enrollee need not be afforded a review under this	31953
section in any of the following circumstances:	31954

(1) The superintendent of insurance has determined under	31955
section 1751.831 of the Revised Code that the health care service	31956
is not a service covered under the terms of the enrollee's policy,	31957
contract, or agreement.	31958

(2) Except as provided in section 1751.811 of the Revised	31959
Code, the enrollee has failed to exhaust the health insuring	31960
corporation's internal review process established pursuant to	31961
section 1751.83 of the Revised Code.	31962

(3) The enrollee has previously been afforded an external	31963
review for the same adverse determination and no new clinical	31964
information has been submitted to the health insuring corporation.	31965

(C)(1) A health insuring corporation may deny a request for	31966
an external review of an adverse determination if it is requested	31967
later than ~~sixty~~one hundred eighty days after the enrollee's	31968
receipt of notice of the result of an internal review brought	31969
under section 1751.83 of the Revised Code. An external review may	31970
be requested by the enrollee, an authorized person, the enrollee's	31971
provider, or a health care facility rendering health care service	31972
to the enrollee. The enrollee may request a review without the	31973
approval of the provider or the health care facility rendering the	31974
health care service. The provider or health care facility may not	31975
request a review without the prior consent of the enrollee.	31976

(2) An external review must be requested in writing, except	31977
that if the enrollee has a condition that requires expedited	31978
review, the review may be requested orally or by electronic means.	31979
When an oral or electronic request for review is made, written	31980
confirmation of the request shall be submitted to the health	31981
insuring corporation not later than five days after the oral or	31982
written request is submitted.	31983

Except in the case of an expedited review, a request for an	31984
external review must be accompanied by written certification from	31985
the enrollee's provider or the health care facility rendering the	31986
health care service to the enrollee that the proposed service,	31987
plus any ancillary services and follow-up care, will cost the	31988
enrollee more than five hundred dollars if the proposed service is	31989
not covered by the health insuring corporation.	31990

(3) For an expedited review, the enrollee's provider must	31991
certify that the enrollee's condition could, in the absence of	31992
immediate medical attention, result in any of the following:	31993

(a) Placing the health of the enrollee or, with respect to a	31994
pregnant woman, the health of the enrollee or the unborn child, in	31995
serious jeopardy;	31996

(b) Serious impairment to bodily functions;

31997

31998

(D) The procedures used in conducting an external review of	31999
an adverse determination shall include all of the following:	32000

(1) The review shall be conducted by an independent review	32001
organization assigned by the superintendent of insurance under	32002
section 3901.80 of the Revised Code.	32003

(2) Except as provided in division (D)(3) and (4) of this	32004
section, neither the clinical peer nor any health care facility	32005
with which the clinical peer is affiliated shall have any	32006
professional, familial, or financial affiliation with any of the	32007
following:	32008

(a) The health insuring corporation or any officer, director,	32009
or managerial employee of the health insuring corporation;	32010

(b) The enrollee, the enrollee's provider, or the practice	32011
group of the enrollee's provider;	32012

(c) The health care facility at which the health care service	32013
requested by the enrollee would be provided;	32014

(d) The development or manufacture of the principal drug,	32015
device, procedure, or therapy proposed for the enrollee.	32016

(3) Division (D)(2) of this section does not prohibit a	32017
clinical peer from conducting a review under any of the following	32018
circumstances:	32019

(a) The clinical peer is affiliated with an academic medical	32020
center that provides health care services to enrollees of the	32021
health insuring corporation.	32022

(b) The clinical peer has staff privileges at a health care	32023
facility that provides health care services to enrollees of the	32024
health insuring corporation.	32025

(c) The clinical peer is a participating provider but was not	32026
involved with the health insuring corporation's adverse	32027
determination.	32028

(4) Division (D)(2) of this section does not prohibit the	32029
health insuring corporation from paying the independent review	32030
organization for the conduct of the review.	32031

(5) An enrollee shall not be required to pay for any part of	32032
the cost of the review. The cost of the review shall be borne by	32033
the health insuring corporation.	32034

(6)(a) The health insuring corporation shall provide to the	32035
independent review organization conducting the review a copy of	32036
those records in its possession that are relevant to the	32037
enrollee's medical condition and the review. The records shall be	32038
used solely for the purpose of this division.	32039

At the request of the independent review organization, the	32040
health insuring corporation, enrollee, or the provider or health	32041
care facility rendering health care services to the enrollee shall	32042
provide any additional information the independent review	32043
organization requests to complete the review. A request for	32044
additional information may be made in writing, orally, or by	32045
electronic means. The independent review organization shall submit	32046
the request to the enrollee and health insuring corporation. If a	32047
request is submitted orally or by electronic means to an enrollee	32048
or health insuring corporation, not later than five days after the	32049
request is submitted, the independent review organization shall	32050
provide written confirmation of the request. If the review was	32051
initiated by a provider or health care facility, a copy of the	32052
request shall be submitted to the provider or health care	32053
facility.	32054

(b) An independent review organization is not required to	32055
make a decision if it has not received any requested information	32056
that it considers necessary to complete a review. An independent	32057
review organization that does not make a decision for this reason	32058
shall notify the enrollee and the health insuring corporation that	32059
a decision is not being made. The notice may be made in writing,	32060
orally, or by electronic means. An oral or electronic notice shall	32061
be confirmed in writing not later than five days after the oral or	32062
electronic notice is made. If the review was initiated by a	32063
provider or health care facility, a copy of the notice shall be	32064
submitted to the provider or health care facility.	32065

(7) The health insuring corporation may elect to cover the	32066
service requested and terminate the review. The health insuring	32067
corporation shall notify the enrollee and all other parties	32068
involved with the decision by mail or, with the consent or	32069
approval of the enrollee, by electronic means.	32070

(8) In making its decision, an independent review	32071
organization conducting the review shall take into account all of	32072
the following:	32073

(a) Information submitted by the health insuring corporation,	32074
the enrollee, the enrollee's provider, and the health care	32075
facility rendering the health care service, including the	32076
following:	32077

(i) The enrollee's medical records;

32078

(ii) The standards, criteria, and clinical rationale used by	32079
the health insuring corporation to make its decision.	32080

(b) Findings, studies, research, and other relevant documents	32081
of government agencies and nationally recognized organizations,	32082
including the national institutes of health or any board	32083
recognized by the national institutes of health, the national	32084
cancer institute, the national academy of sciences, the United	32085
States food and drug administration, the health care financing	32086
administration of the United States department of health and human	32087
services, and the agency for health care policy and research;	32088

(c) Relevant findings in peer-reviewed medical or scientific	32089
literature, published opinions of nationally recognized medical	32090
experts, and clinical guidelines adopted by relevant national	32091
medical societies.	32092

(9)(a) In the case of an expedited review, the independent	32093
review organization shall issue a written decision not later than	32094
seven days after the filing of the request for review. In all	32095
other cases, the independent review organization shall issue a	32096
written decision not later than thirty days after the filing of	32097
the request. The independent review organization shall send a copy	32098
of its decision to the health insuring corporation and the	32099
enrollee. If the enrollee's provider or the health care facility	32100
rendering health care services to the enrollee requested the	32101
review, the independent review organization shall also send a copy	32102
of its decision to the enrollee's provider or the health care	32103
facility.	32104

(b) The independent review organization's decision shall	32105
include a description of the enrollee's condition and the	32106
principal reasons for the decision and an explanation of the	32107
clinical rationale for the decision.	32108

(E) The independent review organization shall base its	32109
decision on the information submitted under division (D)(8) of	32110
this section. In making its decision, the independent review	32111
organization shall consider safety, efficacy, appropriateness, and	32112
cost effectiveness.	32113

(F) The health insuring corporation shall provide any	32114
coverage determined by the independent review organization's	32115
decision to be medically necessary, subject to the other terms,	32116
limitations, and conditions of the enrollee's contract. The	32117
decision shall apply only to the individual enrollee's external	32118
review.	32119

Sec. 1751.85. (A) Each health insuring corporation shall	32120
establish a reasonable external, independent review process to	32121
examine the health insuring corporation's coverage decisions for	32122
enrollees who meet all of the following criteria:	32123

(1) The enrollee has a terminal condition that, according to	32124
the current diagnosis of the enrollee's physician, has a high	32125
probability of causing death within two years.	32126

(2) The enrollee requests a review not later than ~~sixty~~one	32127
hundred eighty days after receipt by the enrollee of notice of the	32128
result of an internal review under section 1751.83 of the Revised	32129
Code.	32130

(3) The enrollee's physician certifies that the enrollee has	32131
the condition described in division (A)(1) of this section and any	32132
of the following situations are applicable:	32133

(a) Standard therapies have not been effective in improving	32134
the condition of the enrollee;	32135

(b) Standard therapies are not medically appropriate for the	32136
enrollee;	32137

(c) There is no standard therapy covered by the health	32138
insuring corporation that is more beneficial than therapy	32139
described in division (A)(4) of this section.	32140

(4) The enrollee's physician has recommended a drug, device,	32141
procedure, or other therapy that the physician certifies, in	32142
writing, is likely to be more beneficial to the enrollee, in the	32143
physician's opinion, than standard therapies, or, the enrollee has	32144
requested a therapy that has been found in a preponderance of	32145
peer-reviewed published studies to be associated with effective	32146
clinical outcomes for the same condition.	32147

(5) The enrollee has been denied coverage by the health	32148
insuring corporation for a drug, device, procedure, or other	32149
therapy recommended or requested pursuant to division (A)(4) of	32150
this section, and has exhausted the health insuring corporation's	32151
internal review process established pursuant to section 1751.83 of	32152
the Revised Code.	32153

(6) The drug, device, procedure, or other therapy, for which	32154
coverage has been denied would be a covered health care service	32155
except for the health insuring corporation's determination that	32156
the drug, device, procedure, or other therapy is experimental or	32157
investigational.	32158

(B) A review shall be requested in writing, except that if	32159
the enrollee's physician determines that a therapy would be	32160
significantly less effective if not promptly initiated, the review	32161
may be requested orally or by electronic means. When an oral or	32162
electronic request for review is made, written confirmation of the	32163
request shall be submitted to the health insuring corporation not	32164
later than five days after the oral or written request is	32165
submitted.	32166

(C) The external, independent review process established by a	32167
health insuring corporation shall meet all of the following	32168
criteria:	32169

(1) Except as provided in division (E) of this section, the	32170
process shall afford all enrollees who meet the criteria set forth	32171
in division (A) of this section the opportunity to have the health	32172
insuring corporation's decision to deny coverage of the	32173
recommended or requested therapy reviewed under the process.	32174

(2) The review shall be conducted by an independent review	32175
organization assigned by the superintendent of insurance under	32176
section 3901.80 of the Revised Code.	32177

The independent review organization shall select a panel to	32178
conduct the review, which panel shall be composed of at least	32179
three physicians or other providers who, through clinical	32180
experience in the past three years, are experts in the treatment	32181
of the enrollee's medical condition and knowledgeable about the	32182
recommended or requested therapy.	32183

In either of the following circumstances, an exception may be	32184
made to the requirement that the review be conducted by an expert	32185
panel composed of a minimum of three physicians or other	32186
providers:	32187

(a) A review may be conducted by an expert panel composed of	32188
only two physicians or other providers if an enrollee has	32189
consented in writing to a review by the smaller panel;	32190

(b) A review may be conducted by a single expert physician or	32191
other provider if only one expert physician or other provider is	32192
available for the review.	32193

(3) Neither the health insuring corporation nor the enrollee	32194
shall choose, or control the choice of, the physician or other	32195
provider experts.	32196

(4) The selected experts, any health care facility with which	32197
an expert is affiliated, and the independent review organization	32198
arranging for the experts' review, shall not have any	32199
professional, familial, or financial affiliation with any of the	32200
following:	32201

(a) The health insuring corporation or any officer, director,	32202
or managerial employee of the health insuring corporation;	32203

(b) The enrollee, the enrollee's physician, or the practice	32204
group of the enrollee's physician;	32205

(c) The health care facility at which the recommended or	32206
requested therapy would be provided;	32207

(d) The development or manufacture of the principal drug,	32208
device, procedure, or therapy involved in the recommended or	32209
requested therapy.	32210

However, experts affiliated with academic medical centers who	32211
provide health care services to enrollees of the health insuring	32212
corporation may serve as experts on the review panel. Further,	32213
experts with staff privileges at a health care facility that	32214
provides health care services to enrollees of the health insuring	32215
corporation, as well as experts who are participating providers,	32216
but who were not involved with the health insuring corporation's	32217
denial of coverage for the therapy under review, may serve as	32218
experts on the review panel. These nonaffiliation provisions do	32219
not preclude a health insuring corporation from paying for the	32220
experts' review, as specified in division (C)(5) of this section.	32221

(5) Enrollees shall not be required to pay for any part of	32222
the cost of the review. The cost of the review shall be borne by	32223
the health insuring corporation.	32224

(6) The health insuring corporation shall provide to the	32225
independent review organization arranging for the experts' review	32226
a copy of those records in the health insuring corporation's	32227
possession that are relevant to the enrollee's medical condition	32228
and the review. The records shall be disclosed solely to the	32229
expert reviewers and shall be used solely for the purpose of this	32230
section. At the request of the expert reviewers, the health	32231
insuring corporation or the physician recommending the therapy	32232
shall provide any additional information that the expert reviewers	32233
request to complete the review. An expert reviewer is not required	32234
to render an opinion if the reviewer has not received any	32235
requested information that the reviewer considers necessary to	32236
complete the review.	32237

(7)(a) The opinions of the experts on the panel shall be	32238
rendered within thirty days after the enrollee's request for	32239
review. If the enrollee's physician determines that a therapy	32240
would be significantly less effective if not promptly initiated,	32241
the opinions shall be rendered within seven days after the	32242
enrollee's request for review.	32243

(b) In conducting the review, the experts on the panel shall	32244
take into account all of the following:	32245

(i) Information submitted by the health insuring corporation,	32246
the enrollee, and the enrollee's physician, including the	32247
enrollee's medical records and the standards, criteria, and	32248
clinical rationale used by the health insuring corporation to	32249
reach its coverage decision;	32250

(ii) Findings, studies, research, and other relevant	32251
documents of government agencies and nationally recognized	32252
organizations;	32253

(iii) Relevant findings in peer-reviewed medical or	32254
scientific literature and published opinions of nationally	32255
recognized medical experts;	32256

(iv) Clinical guidelines adopted by relevant national medical	32257
societies;	32258

(v) Safety, efficacy, appropriateness, and cost	32259
effectiveness.	32260

(8) Each expert on the panel shall provide the independent	32261
review organization with a professional opinion as to whether	32262
there is sufficient evidence to demonstrate that the recommended	32263
or requested therapy is likely to be more beneficial to the	32264
enrollee than standard therapies.	32265

(9) Each expert's opinion shall be presented in written form	32266
and shall include the following information:	32267

(a) A description of the enrollee's condition;

32268

(b) A description of the indicators relevant to determining	32269
whether there is sufficient evidence to demonstrate that the	32270
recommended or requested therapy is more likely than not to be	32271
more beneficial to the enrollee than standard therapies;	32272

(c) A description and analysis of any relevant findings	32273
published in peer-reviewed medical or scientific literature or the	32274
published opinions of medical experts or specialty societies;	32275

(d) A description of the enrollee's suitability to receive	32276
the recommended or requested therapy according to a treatment	32277
protocol in a clinical trial, if applicable.	32278

(10) The independent review organization shall provide the	32279
health insuring corporation with the opinions of the experts. The	32280
health insuring corporation shall make the experts' opinions	32281
available to the enrollee and the enrollee's physician, upon	32282
request.	32283

(11) The opinion of the majority of the experts on the panel,	32284
rendered pursuant to division (C)(8) of this section, is binding	32285
on the health insuring corporation with respect to that enrollee.	32286
If the opinions of the experts on the panel are evenly divided as	32287
to whether the therapy should be covered, then the health insuring	32288
corporation's final decision shall be in favor of coverage. If	32289
less than a majority of the experts on the panel recommend	32290
coverage of the therapy, the health insuring corporation may, in	32291
its discretion, cover the therapy. However, any coverage provided	32292
pursuant to division (C)(11) of this section is subject to the	32293
terms, limitations, and conditions of the enrollee's contract with	32294
the health insuring corporation.	32295

(12) The health insuring corporation shall have written	32296
policies describing the external, independent review process.	32297

(D) At any time during the external, independent review	32298
process, the health insuring corporation may elect to cover the	32299
recommended or requested health care service and terminate the	32300
review. The health insuring corporation shall notify the enrollee	32301
and all other parties involved by mail or, with the consent or	32302
approval of the enrollee, by electronic means.	32303

(E) If a health insuring corporation's initial denial of	32304
coverage for a therapy recommended or requested pursuant to	32305
division (A)(4) of this section is based upon an external,	32306
independent review of that therapy meeting the requirements of	32307
division (C) of this section, this section shall not be a basis	32308
for requiring a second external, independent review of the	32309
recommended or requested therapy.	32310

(F) The health insuring corporation shall annually file a	32311
certificate with the superintendent of insurance certifying its	32312
compliance with the requirements of this section.	32313

Sec. 1753.09. (A) Except as provided in division (D) of this	32314
section, prior to terminating the participation of a provider on	32315
the basis of the participating provider's failure to meet the	32316
health insuring corporation's standards for quality or utilization	32317
in the delivery of health care services, a health insuring	32318
corporation shall give the participating provider notice of the	32319
reason or reasons for its decision to terminate the provider's	32320
participation and an opportunity to take corrective action. The	32321
health insuring corporation shall develop a performance	32322
improvement plan in conjunction with the participating provider.	32323
If after being afforded the opportunity to comply with the	32324
performance improvement plan, the participating provider fails to	32325
do so, the health insuring corporation may terminate the	32326
participation of the provider.	32327

(B)(1) A participating provider whose participation has been	32328
terminated under division (A) of this section may appeal the	32329
termination to the appropriate medical director of the health	32330
insuring corporation. The medical director shall give the	32331
participating provider an opportunity to discuss with the medical	32332
director the reason or reasons for the termination.	32333

(2) If a satisfactory resolution of a participating	32334
provider's appeal cannot be reached under division (B)(1) of this	32335
section, the participating provider may appeal the termination to	32336
a panel composed of participating providers who have comparable or	32337
higher levels of education and training than the participating	32338
provider making the appeal. A representative of the participating	32339
provider's specialty shall be a member of the panel, if possible.	32340
This panel shall hold a hearing, and shall render its	32341
recommendation in the appeal within thirty days after holding the	32342
hearing. The recommendation shall be presented to the medical	32343
director and to the participating provider.	32344

(3) The medical director shall review and consider the	32345
panel's recommendation before making a decision. The decision	32346
rendered by the medical director shall be final.	32347

(C) A provider's status as a participating provider shall	32348
remain in effect during the appeal process set forth in division	32349
(B) of this section unless the termination was based on any of the	32350
reasons listed in division (D) of this section.	32351

(D) Notwithstanding division (A) of this section, a	32352
provider's participation may be immediately terminated if the	32353
participating provider's conduct presents an imminent risk of harm	32354
to an enrollee or enrollees; or if there has occurred unacceptable	32355
quality of care, fraud, patient abuse, loss of clinical	32356
privileges, loss of professional liability coverage, incompetence,	32357
or loss of authority to practice in the participating provider's	32358
field; or if a governmental action has impaired the participating	32359
provider's ability to practice.	32360

(E) Divisions (A) to (D) of this section apply only to	32361
providers who are natural persons.	32362

(F)(1) Nothing in this section prohibits a health insuring	32363
corporation from rejecting a provider's application for	32364
participation, or from terminating a participating provider's	32365
contract, if the health insuring corporation determines that the	32366
health care needs of its enrollees are being met and no need	32367
exists for the provider's or participating provider's services.	32368

(2) Nothing in this section shall be construed as prohibiting	32369
a health insuring corporation from terminating a participating	32370
provider who does not meet the terms and conditions of the	32371
participating provider's contract.	32372

(3) Nothing in this section shall be construed as prohibiting	32373
a health insuring corporation from terminating a participating	32374
provider's contract pursuant to any provision of the contract	32375
described in division (E)(2) of section 3963.02 of the Revised	32376
Code, except that, notwithstanding any provision of a contract	32377
described in that division, this section applies to the	32378
termination of a participating provider's contract for any of the	32379
causes described in divisions (A), (D), and (F)(1) and (2) of	32380
this section.	32381

(G) The superintendent of insurance may adopt rules as	32382
necessary to implement and enforce sections 1753.06, 1753.07,	32383
and 1753.09 of the Revised Code. Such rules shall be adopted in	32384
accordance with Chapter 119. of the Revised Code. ~~The director of~~	32385
~~health may make recommendations to the superintendent for rules~~	32386
~~necessary to implement and enforce sections 1753.06, 1753.07, and~~	32387
~~1753.09 of the Revised Code. In adopting any rules pursuant to~~	32388
~~this division, the superintendent shall consider the~~	32389
~~recommendations of the director.~~	32390

Sec. 1901.26. (A) Subject to division (E) of this section,	32391
costs in a municipal court shall be fixed and taxed as follows:	32392

(1)(a) The municipal court shall require an advance deposit	32393
for the filing of any new civil action or proceeding when required	32394
by division (C) of this section, and in all other cases, by rule,	32395
shall establish a schedule of fees and costs to be taxed in any	32396
civil or criminal action or proceeding.	32397

(b)(i) The legislative authority of a municipal corporation	32398
may by ordinance establish a schedule of fees to be taxed as costs	32399
in any civil, criminal, or traffic action or proceeding in a	32400
municipal court for the performance by officers or other employees	32401
of the municipal corporation's police department or marshal's	32402
office of any of the services specified in sections 311.17 and	32403
509.15 of the Revised Code. No fee in the schedule shall be higher	32404
than the fee specified in section 311.17 of the Revised Code for	32405
the performance of the same service by the sheriff. If a fee	32406
established in the schedule conflicts with a fee for the same	32407
service established in another section of the Revised Code or a	32408
rule of court, the fee established in the other section of the	32409
Revised Code or the rule of court shall apply.	32410

(ii) When an officer or employee of a municipal police	32411
department or marshal's office performs in a civil, criminal, or	32412
traffic action or proceeding in a municipal court a service	32413
specified in section 311.17 or 509.15 of the Revised Code for	32414
which a taxable fee has been established under this or any other	32415
section of the Revised Code, the applicable legal fees and any	32416
other extraordinary expenses, including overtime, provided for the	32417
service shall be taxed as costs in the case. The clerk of the	32418
court shall pay those legal fees and other expenses, when	32419
collected, into the general fund of the municipal corporation that	32420
employs the officer or employee.	32421

(iii) If a bailiff of a municipal court performs in a civil,	32422
criminal, or traffic action or proceeding in that court a service	32423
specified in section 311.17 or 509.15 of the Revised Code for	32424
which a taxable fee has been established under this section or any	32425
other section of the Revised Code, the fee for the service is the	32426
same and is taxable to the same extent as if the service had been	32427
performed by an officer or employee of the police department or	32428
marshal's office of the municipal corporation in which the court	32429
is located. The clerk of that court shall pay the fee, when	32430
collected, into the general fund of the entity or entities that	32431
fund the bailiff's salary, in the same prorated amount as the	32432
salary is funded.	32433

(iv) Division (A)(1)(b) of this section does not authorize or	32434
require any officer or employee of a police department or	32435
marshal's office of a municipal corporation or any bailiff of a	32436
municipal court to perform any service not otherwise authorized by	32437
law.	32438

(2) The municipal court, by rule, may require an advance	32439
deposit for the filing of any civil action or proceeding and	32440
publication fees as provided in section 2701.09 of the Revised	32441
Code. The court may waive the requirement for advance deposit upon	32442
affidavit or other evidence that a party is unable to make the	32443
required deposit.	32444

(3) When a jury trial is demanded in any civil action or	32445
proceeding, the party making the demand may be required to make an	32446
advance deposit as fixed by rule of court, unless, upon affidavit	32447
or other evidence, the court concludes that the party is unable to	32448
make the required deposit. If a jury is called, the fees of a jury	32449
shall be taxed as costs.	32450

(4) In any civil or criminal action or proceeding, each	32451
witness shall receive twelve dollars for each full day's	32452
attendance and six dollars for each half day's attendance. Each	32453
witness in a municipal court that is not a county-operated	32454
municipal court also shall receive fifty and one-half cents for	32455
each mile necessarily traveled to and from the witness's place of	32456
residence to the action or proceeding.	32457

(5) A reasonable charge for driving, towing, carting,	32458
storing, keeping, and preserving motor vehicles and other personal	32459
property recovered or seized in any proceeding may be taxed as	32460
part of the costs in a trial of the cause, in an amount that shall	32461
be fixed by rule of court.	32462

(6) Chattel property seized under any writ or process issued	32463
by the court shall be preserved pending final disposition for the	32464
benefit of all persons interested and may be placed in storage	32465
when necessary or proper for that preservation. The custodian of	32466
any chattel property so stored shall not be required to part with	32467
the possession of the property until a reasonable charge, to be	32468
fixed by the court, is paid.	32469

(7) The municipal court, as it determines, may refund all	32470
deposits and advance payments of fees and costs, including those	32471
for jurors and summoning jurors, when they have been paid by the	32472
losing party.	32473

(8) Charges for the publication of legal notices required by	32474
statute or order of court may be taxed as part of the costs, as	32475
provided by section 7.13 of the Revised Code.	32476

(B)(1) The municipal court may determine that, for the	32477
efficient operation of the court, additional funds are necessary	32478
to acquire and pay for special projects of the court including,	32479
but not limited to, the acquisition of additional facilities or	32480
the rehabilitation of existing facilities, the acquisition of	32481
equipment, the hiring and training of staff, community service	32482
programs, mediation or dispute resolution services, the employment	32483
of magistrates, the training and education of judges, acting	32484
judges, and magistrates, and other related services. Upon that	32485
determination, the court by rule may charge a fee, in addition to	32486
all other court costs, on the filing of each criminal cause, civil	32487
action or proceeding, or judgment by confession.	32488

If the municipal court offers a special program or service in	32489
cases of a specific type, the municipal court by rule may assess	32490
an additional charge in a case of that type, over and above court	32491
costs, to cover the special program or service. The municipal	32492
court shall adjust the special assessment periodically, but not	32493
retroactively, so that the amount assessed in those cases does not	32494
exceed the actual cost of providing the service or program.	32495

All moneys collected under division (B) of this section shall	32496
be paid to the county treasurer if the court is a county-operated	32497
municipal court or to the city treasurer if the court is not a	32498
county-operated municipal court for deposit into either a general	32499
special projects fund or a fund established for a specific special	32500
project. Moneys from a fund of that nature shall be disbursed upon	32501
an order of the court in an amount no greater than the actual cost	32502
to the court of a project. If a specific fund is terminated	32503
because of the discontinuance of a program or service established	32504
under division (B) of this section, the municipal court may order	32505
that moneys remaining in the fund be transferred to an account	32506
established under this division for a similar purpose.	32507

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

32508

(a) "Criminal cause" means a charge alleging the violation of	32509
a statute or ordinance, or subsection of a statute or ordinance,	32510
that requires a separate finding of fact or a separate plea before	32511
disposition and of which the defendant may be found guilty,	32512
whether filed as part of a multiple charge on a single summons,	32513
citation, or complaint or as a separate charge on a single	32514
summons, citation, or complaint. "Criminal cause" does not include	32515
separate violations of the same statute or ordinance, or	32516
subsection of the same statute or ordinance, unless each charge is	32517
filed on a separate summons, citation, or complaint.	32518

(b) "Civil action or proceeding" means any civil litigation	32519
that must be determined by judgment entry.	32520

(C) The municipal court shall collect in all its divisions	32521
except the small claims division the sum of ~~twenty-six~~thirty-one	32522
dollars as additional filing fees in each new civil action or	32523
proceeding for the charitable public purpose of providing	32524
financial assistance to legal aid societies that operate within	32525
the state and to support the office of the state public defender.	32526
The municipal court shall collect in its small claims division	32527
the sum of eleven dollars as additional filing fees in each new	32528
civil action or proceeding for the charitable public purpose of	32529
providing financial assistance to legal aid societies that	32530
operate within the state and to support the office of the state	32531
public defender. This division does not apply to any execution on	32532
a judgment, proceeding in aid of execution, or other post-judgment	32533
proceeding arising out of a civil action. The filing fees required	32534
to be collected under this division shall be in addition to any	32535
other court costs imposed in the action or proceeding and shall	32536
be collected at the time of the filing of the action or	32537
proceeding. The court shall not waive the payment of the	32538
additional filing fees in a new civil action or proceeding unless	32539
the court waives the advanced payment of all filing fees in the	32540
action or proceeding. All such moneys collected during a month	32541
except for an amount equal to up to one per cent of those moneys	32542
retained to cover administrative costs shall be transmitted on or	32543
before the twentieth day of the following month by the clerk of	32544
the court to the treasurer of state in a manner prescribed by the	32545
treasurer of state or by the Ohio legal assistance foundation.	32546
The treasurer of state shall deposit four per cent of the funds	32547
collected under this division to the credit of the civil case	32548
filing fee fund established under section 120.07 of the Revised	32549
Code and ninety-six per cent of the funds collected under this	32550
division to the credit of the legal aid fund established under	32551
section 120.52 of the Revised Code.	32552

The court may retain up to one per cent of the moneys it	32553
collects under this division to cover administrative costs,	32554
including the hiring of any additional personnel necessary to	32555
implement this division. If the court fails to transmit to the	32556
treasurer of state the moneys the court collects under this	32557
division in a manner prescribed by the treasurer of state or by	32558
the Ohio legal assistance foundation, the court shall forfeit the	32559
moneys the court retains under this division to cover	32560
administrative costs, including the hiring of any additional	32561
personnel necessary to implement this division, and shall transmit	32562
to the treasurer of state all moneys collected under this	32563
division, including the forfeited amount retained for	32564
administrative costs, for deposit in the legal aid fund.	32565

(D) In the Cleveland municipal court, reasonable charges for	32566
investigating titles of real estate to be sold or disposed of	32567
under any writ or process of the court may be taxed as part of the	32568
costs.	32569

(E) Under the circumstances described in sections 2969.21 to	32570
2969.27 of the Revised Code, the clerk of the municipal court	32571
shall charge the fees and perform the other duties specified in	32572
those sections.	32573

(F) As used in this section:

32574

(1) "Full day's attendance" means a day on which a witness is	32575
required or requested to be present at an action or proceeding	32576
before and after twelve noon, regardless of whether the witness	32577
actually testifies.	32578

(2) "Half day's attendance" means a day on which a witness is	32579
required or requested to be present at an action or proceeding	32580
either before or after twelve noon, but not both, regardless of	32581
whether the witness actually testifies.	32582

Sec. 1901.31. The clerk and deputy clerks of a municipal	32583
court shall be selected, be compensated, give bond, and have	32584
powers and duties as follows:	32585

(A) There shall be a clerk of the court who is appointed or	32586
elected as follows:	32587

(1)(a) Except in the Akron, Barberton, Toledo, Hamilton	32588
county, Portage county, and Wayne county municipal courts and	32589
through December 31, 2008, the Cuyahoga Falls municipal court, if	32590
the population of the territory equals or exceeds one hundred	32591
thousand at the regular municipal election immediately preceding	32592
the expiration of the term of the present clerk, the clerk shall	32593
be nominated and elected by the qualified electors of the	32594
territory in the manner that is provided for the nomination and	32595
election of judges in section 1901.07 of the Revised Code.	32596

The clerk so elected shall hold office for a term of six	32597
years, which term shall commence on the first day of January	32598
following the clerk's election and continue until the clerk's	32599
successor is elected and qualified.	32600

(b) In the Hamilton county municipal court, the clerk of	32601
courts of Hamilton county shall be the clerk of the municipal	32602
court and may appoint an assistant clerk who shall receive the	32603
compensation, payable out of the treasury of Hamilton county in	32604
semimonthly installments, that the board of county commissioners	32605
prescribes. The clerk of courts of Hamilton county, acting as the	32606
clerk of the Hamilton county municipal court and assuming the	32607
duties of that office, shall receive compensation at one-fourth	32608
the rate that is prescribed for the clerks of courts of common	32609
pleas as determined in accordance with the population of the	32610
county and the rates set forth in sections 325.08 and 325.18 of	32611
the Revised Code. This compensation shall be paid from the county	32612
treasury in semimonthly installments and is in addition to the	32613
annual compensation that is received for the performance of the	32614
duties of the clerk of courts of Hamilton county, as provided in	32615
sections 325.08 and 325.18 of the Revised Code.	32616

(c) In the Portage county and Wayne county municipal courts,	32617
the clerks of courts of Portage county and Wayne county shall be	32618
the clerks, respectively, of the Portage county and Wayne county	32619
municipal courts and may appoint a chief deputy clerk for each	32620
branch that is established pursuant to section 1901.311 of the	32621
Revised Code and assistant clerks as the judges of the municipal	32622
court determine are necessary, all of whom shall receive the	32623
compensation that the legislative authority prescribes. The clerks	32624
of courts of Portage county and Wayne county, acting as the clerks	32625
of the Portage county and Wayne county municipal courts and	32626
assuming the duties of these offices, shall receive compensation	32627
payable from the county treasury in semimonthly installments at	32628
one-fourth the rate that is prescribed for the clerks of courts	32629
of common pleas as determined in accordance with the population	32630
of the county and the rates set forth in sections 325.08 and	32631
325.18 of the Revised Code.	32632

(d) Except as otherwise provided in division (A)(1)(d) of	32633
this section, in the Akron municipal court, candidates for	32634
election to the office of clerk of the court shall be nominated by	32635
primary election. The primary election shall be held on the day	32636
specified in the charter of the city of Akron for the nomination	32637
of municipal officers. Notwithstanding any contrary provision of	32638
section 3513.05 or 3513.257 of the Revised Code, the declarations	32639
of candidacy and petitions of partisan candidates and the	32640
nominating petitions of independent candidates for the office of	32641
clerk of the Akron municipal court shall be signed by at least	32642
fifty qualified electors of the territory of the court.	32643

The candidates shall file a declaration of candidacy and	32644
petition, or a nominating petition, whichever is applicable, not	32645
later than four p.m. of the seventy-fifth day before the day of	32646
the primary election, in the form prescribed by section 3513.07 or	32647
3513.261 of the Revised Code. The declaration of candidacy and	32648
petition, or the nominating petition, shall conform to the	32649
applicable requirements of section 3513.05 or 3513.257 of the	32650
Revised Code.	32651

If no valid declaration of candidacy and petition is filed by	32652
any person for nomination as a candidate of a particular political	32653
party for election to the office of clerk of the Akron municipal	32654
court, a primary election shall not be held for the purpose of	32655
nominating a candidate of that party for election to that office.	32656
If only one person files a valid declaration of candidacy and	32657
petition for nomination as a candidate of a particular political	32658
party for election to that office, a primary election shall not be	32659
held for the purpose of nominating a candidate of that party for	32660
election to that office, and the candidate shall be issued a	32661
certificate of nomination in the manner set forth in section	32662
3513.02 of the Revised Code.	32663

Declarations of candidacy and petitions, nominating	32664
petitions, and certificates of nomination for the office of clerk	32665
of the Akron municipal court shall contain a designation of the	32666
term for which the candidate seeks election. At the following	32667
regular municipal election, all candidates for the office shall be	32668
submitted to the qualified electors of the territory of the court	32669
in the manner that is provided in section 1901.07 of the Revised	32670
Code for the election of the judges of the court. The clerk so	32671
elected shall hold office for a term of six years, which term	32672
shall commence on the first day of January following the clerk's	32673
election and continue until the clerk's successor is elected and	32674
qualified.	32675

(e) Except as otherwise provided in division (A)(1)(e) of	32676
this section, in the Barberton municipal court, candidates for	32677
election to the office of clerk of the court shall be nominated by	32678
primary election. The primary election shall be held on the day	32679
specified in the charter of the city of Barberton for the	32680
nomination of municipal officers. Notwithstanding any contrary	32681
provision of section 3513.05 or 3513.257 of the Revised Code, the	32682
declarations of candidacy and petitions of partisan candidates and	32683
the nominating petitions of independent candidates for the office	32684
of clerk of the Barberton municipal court shall be signed by at	32685
least fifty qualified electors of the territory of the court.	32686

The candidates shall file a declaration of candidacy and	32687
petition, or a nominating petition, whichever is applicable, not	32688
later than four p.m. of the seventy-fifth day before the day of	32689
the primary election, in the form prescribed by section 3513.07 or	32690
3513.261 of the Revised Code. The declaration of candidacy and	32691
petition, or the nominating petition, shall conform to the	32692
applicable requirements of section 3513.05 or 3513.257 of the	32693
Revised Code.	32694

If no valid declaration of candidacy and petition is filed by	32695
any person for nomination as a candidate of a particular political	32696
party for election to the office of clerk of the Barberton	32697
municipal court, a primary election shall not be held for the	32698
purpose of nominating a candidate of that party for election to	32699
that office. If only one person files a valid declaration of	32700
candidacy and petition for nomination as a candidate of a	32701
particular political party for election to that office, a primary	32702
election shall not be held for the purpose of nominating a	32703
candidate of that party for election to that office, and the	32704
candidate shall be issued a certificate of nomination in the	32705
manner set forth in section 3513.02 of the Revised Code.	32706

Declarations of candidacy and petitions, nominating	32707
petitions, and certificates of nomination for the office of clerk	32708
of the Barberton municipal court shall contain a designation of	32709
the term for which the candidate seeks election. At the following	32710
regular municipal election, all candidates for the office shall be	32711
submitted to the qualified electors of the territory of the court	32712
in the manner that is provided in section 1901.07 of the Revised	32713
Code for the election of the judges of the court. The clerk so	32714
elected shall hold office for a term of six years, which term	32715
shall commence on the first day of January following the clerk's	32716
election and continue until the clerk's successor is elected and	32717
qualified.	32718

(f)(i) Through December 31, 2008, except as otherwise	32719
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga	32720
Falls municipal court, candidates for election to the office of	32721
clerk of the court shall be nominated by primary election. The	32722
primary election shall be held on the day specified in the charter	32723
of the city of Cuyahoga Falls for the nomination of municipal	32724
officers. Notwithstanding any contrary provision of section	32725
3513.05 or 3513.257 of the Revised Code, the declarations of	32726
candidacy and petitions of partisan candidates and the nominating	32727
petitions of independent candidates for the office of clerk of the	32728
Cuyahoga Falls municipal court shall be signed by at least fifty	32729
qualified electors of the territory of the court.	32730

The candidates shall file a declaration of candidacy and	32731
petition, or a nominating petition, whichever is applicable, not	32732
later than four p.m. of the seventy-fifth day before the day of	32733
the primary election, in the form prescribed by section 3513.07 or	32734
3513.261 of the Revised Code. The declaration of candidacy and	32735
petition, or the nominating petition, shall conform to the	32736
applicable requirements of section 3513.05 or 3513.257 of the	32737
Revised Code.	32738

If no valid declaration of candidacy and petition is filed by	32739
any person for nomination as a candidate of a particular political	32740
party for election to the office of clerk of the Cuyahoga Falls	32741
municipal court, a primary election shall not be held for the	32742
purpose of nominating a candidate of that party for election to	32743
that office. If only one person files a valid declaration of	32744
candidacy and petition for nomination as a candidate of a	32745
particular political party for election to that office, a primary	32746
election shall not be held for the purpose of nominating a	32747
candidate of that party for election to that office, and the	32748
candidate shall be issued a certificate of nomination in the	32749
manner set forth in section 3513.02 of the Revised Code.	32750

Declarations of candidacy and petitions, nominating	32751
petitions, and certificates of nomination for the office of clerk	32752
of the Cuyahoga Falls municipal court shall contain a designation	32753
of the term for which the candidate seeks election. At the	32754
following regular municipal election, all candidates for the	32755
office shall be submitted to the qualified electors of the	32756
territory of the court in the manner that is provided in section	32757
1901.07 of the Revised Code for the election of the judges of the	32758
court. The clerk so elected shall hold office for a term of six	32759
years, which term shall commence on the first day of January	32760
following the clerk's election and continue until the clerk's	32761
successor is elected and qualified.	32762

(ii) Division (A)(1)(f)(i) of this section shall have no	32763
effect after December 31, 2008.	32764

(g) Except as otherwise provided in division (A)(1)(g) of	32765
this section, in the Toledo municipal court, candidates for	32766
election to the office of clerk of the court shall be nominated by	32767
primary election. The primary election shall be held on the day	32768
specified in the charter of the city of Toledo for the nomination	32769
of municipal officers. Notwithstanding any contrary provision of	32770
section 3513.05 or 3513.257 of the Revised Code, the declarations	32771
of candidacy and petitions of partisan candidates and the	32772
nominating petitions of independent candidates for the office of	32773
clerk of the Toledo municipal court shall be signed by at least	32774
fifty qualified electors of the territory of the court.	32775

The candidates shall file a declaration of candidacy and	32776
petition, or a nominating petition, whichever is applicable, not	32777
later than four p.m. of the seventy-fifth day before the day of	32778
the primary election, in the form prescribed by section 3513.07 or	32779
3513.261 of the Revised Code. The declaration of candidacy and	32780
petition, or the nominating petition, shall conform to the	32781
applicable requirements of section 3513.05 or 3513.257 of the	32782
Revised Code.	32783

If no valid declaration of candidacy and petition is filed by	32784
any person for nomination as a candidate of a particular political	32785
party for election to the office of clerk of the Toledo municipal	32786
court, a primary election shall not be held for the purpose of	32787
nominating a candidate of that party for election to that office.	32788
If only one person files a valid declaration of candidacy and	32789
petition for nomination as a candidate of a particular political	32790
party for election to that office, a primary election shall not be	32791
held for the purpose of nominating a candidate of that party for	32792
election to that office, and the candidate shall be issued a	32793
certificate of nomination in the manner set forth in section	32794
3513.02 of the Revised Code.	32795

Declarations of candidacy and petitions, nominating	32796
petitions, and certificates of nomination for the office of clerk	32797
of the Toledo municipal court shall contain a designation of the	32798
term for which the candidate seeks election. At the following	32799
regular municipal election, all candidates for the office shall be	32800
submitted to the qualified electors of the territory of the court	32801
in the manner that is provided in section 1901.07 of the Revised	32802
Code for the election of the judges of the court. The clerk so	32803
elected shall hold office for a term of six years, which term	32804
shall commence on the first day of January following the clerk's	32805
election and continue until the clerk's successor is elected and	32806
qualified.	32807

(2)(a) Except for the Alliance, Auglaize county, Brown	32808
county, Columbiana county, Holmes county, Lorain, Massillon, and	32809
Youngstown municipal courts, in a municipal court for which the	32810
population of the territory is less than one hundred thousand, the	32811
clerk shall be appointed by the court, and the clerk shall hold	32812
office until the clerk's successor is appointed and qualified.	32813

(b) In the Alliance, Lorain, Massillon, and Youngstown	32814
municipal courts, the clerk shall be elected for a term of office	32815
as described in division (A)(1)(a) of this section.	32816

(c) In the Auglaize county, Brown county, and Holmes county	32817
municipal courts, the clerks of courts of Auglaize county, Brown	32818
county, and Holmes county shall be the clerks, respectively, of	32819
the Auglaize county, Brown county, and Holmes county municipal	32820
courts and may appoint a chief deputy clerk for each branch office	32821
that is established pursuant to section 1901.311 of the Revised	32822
Code, and assistant clerks as the judge of the court determines	32823
are necessary, all of whom shall receive the compensation that the	32824
legislative authority prescribes. The clerks of courts of Auglaize	32825
county, Brown county, and Holmes county, acting as the clerks of	32826
the Auglaize county, Brown county, and Holmes county municipal	32827
courts and assuming the duties of these offices, shall receive	32828
compensation payable from the county treasury in semimonthly	32829
installments at one-fourth the rate that is prescribed for the	32830
clerks of courts of common pleas as determined in accordance with	32831
the population of the county and the rates set forth in sections	32832
325.08 and 325.18 of the Revised Code.	32833

(d) In the Columbiana county municipal court, the clerk of	32834
courts of Columbiana county shall be the clerk of the municipal	32835
court, may appoint a chief deputy clerk for each branch office	32836
that is established pursuant to section 1901.311 of the Revised	32837
Code, and may appoint any assistant clerks that the judges of the	32838
court determine are necessary. All of the chief deputy clerks and	32839
assistant clerks shall receive the compensation that the	32840
legislative authority prescribes. The clerk of courts of	32841
Columbiana county, acting as the clerk of the Columbiana county	32842
municipal court and assuming the duties of that office, shall	32843
receive in either biweekly installments or semimonthly	32844
installments, as determined by the payroll administrator,	32845
compensation payable from the county treasury at one-fourth the	32846
rate that is prescribed for the clerks of courts of common pleas	32847
as determined in accordance with the population of the county and	32848
the rates set forth in sections 325.08 and 325.18 of the Revised	32849
Code.	32850

(3) During the temporary absence of the clerk due to illness,	32851
vacation, or other proper cause, the court may appoint a temporary	32852
clerk, who shall be paid the same compensation, have the same	32853
authority, and perform the same duties as the clerk.	32854

(B) Except in the Hamilton county, Portage county, and Wayne	32855
county municipal courts, if a vacancy occurs in the office of the	32856
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal	32857
court or occurs in the office of the clerk of a municipal court	32858
for which the population of the territory equals or exceeds one	32859
hundred thousand because the clerk ceases to hold the office	32860
before the end of the clerk's term or because a clerk-elect fails	32861
to take office, the vacancy shall be filled, until a successor is	32862
elected and qualified, by a person chosen by the residents of the	32863
territory of the court who are members of the county central	32864
committee of the political party by which the last occupant of	32865
that office or the clerk-elect was nominated. Not less than five	32866
nor more than fifteen days after a vacancy occurs, those members	32867
of that county central committee shall meet to make an appointment	32868
to fill the vacancy. At least four days before the date of the	32869
meeting, the chairperson or a secretary of the county central	32870
committee shall notify each such member of that county central	32871
committee by first class mail of the date, time, and place of the	32872
meeting and its purpose. A majority of all such members of that	32873
county central committee constitutes a quorum, and a majority of	32874
the quorum is required to make the appointment. If the office so	32875
vacated was occupied or was to be occupied by a person not	32876
nominated at a primary election, or if the appointment was not	32877
made by the committee members in accordance with this division,	32878
the court shall make an appointment to fill the vacancy. A	32879
successor shall be elected to fill the office for the unexpired	32880
term at the first municipal election that is held more than one	32881
hundred twenty days after the vacancy occurred.	32882

(C)(1) In a municipal court, other than the Auglaize county,	32883
the Brown county, the Columbiana county, the Holmes county, and	32884
the Lorain municipal courts, for which the population of the	32885
territory is less than one hundred thousand, the clerk of the	32886
municipal court shall receive the annual compensation that the	32887
presiding judge of the court prescribes, if the revenue of the	32888
court for the preceding calendar year, as certified by the auditor	32889
or chief fiscal officer of the municipal corporation in which the	32890
court is located or, in the case of a county-operated municipal	32891
court, the county auditor, is equal to or greater than the	32892
expenditures, including any debt charges, for the operation of the	32893
court payable under this chapter from the city treasury or, in the	32894
case of a county-operated municipal court, the county treasury for	32895
that calendar year, as also certified by the auditor or chief	32896
fiscal officer. If the revenue of a municipal court, other than	32897
the Auglaize county, the Brown county, the Columbiana county, and	32898
the Lorain municipal courts, for which the population of the	32899
territory is less than one hundred thousand for the preceding	32900
calendar year as so certified is not equal to or greater than	32901
those expenditures for the operation of the court for that	32902
calendar year as so certified, the clerk of a municipal court	32903
shall receive the annual compensation that the legislative	32904
authority prescribes. As used in this division, "revenue" means	32905
the total of all costs and fees that are collected and paid to the	32906
city treasury or, in a county-operated municipal court, the county	32907
treasury by the clerk of the municipal court under division (F) of	32908
this section and all interest received and paid to the city	32909
treasury or, in a county-operated municipal court, the county	32910
treasury in relation to the costs and fees under division (G) of	32911
this section.	32912

(2) In a municipal court, other than the Hamilton county,	32913
Portage county, and Wayne county municipal courts, for which the	32914
population of the territory is one hundred thousand or more, and	32915
in the Lorain municipal court, the clerk of the municipal court	32916
shall receive annual compensation in a sum equal to eighty-five	32917
per cent of the salary of a judge of the court.	32918

(3) The compensation of a clerk described in division (C)(1)	32919
or (2) of this section and of the clerk of the Columbiana county	32920
municipal court is payable in either semimonthly installments or	32921
biweekly installments, as determined by the payroll	32922
administrator, from the same sources and in the same manner as	32923
provided in section 1901.11 of the Revised Code, except that the	32924
compensation of the clerk of the Carroll county municipal court	32925
is payable in biweekly installments.	32926

(D) Before entering upon the duties of the clerk's office,	32927
the clerk of a municipal court shall give bond of not less than	32928
six thousand dollars to be determined by the judges of the court,	32929
conditioned upon the faithful performance of the clerk's duties.	32930

(E) The clerk of a municipal court may do all of the	32931
following: administer oaths, take affidavits, and issue executions	32932
upon any judgment rendered in the court, including a judgment for	32933
unpaid costs; issue, sign, and attach the seal of the court to all	32934
writs, process, subpoenas, and papers issuing out of the court;	32935
and approve all bonds, sureties, recognizances, and undertakings	32936
fixed by any judge of the court or by law. The clerk may refuse to	32937
accept for filing any pleading or paper submitted for filing by a	32938
person who has been found to be a vexatious litigator under	32939
section 2323.52 of the Revised Code and who has failed to obtain	32940
leave to proceed under that section. The clerk shall do all of the	32941
following: file and safely keep all journals, records, books, and	32942
papers belonging or appertaining to the court; record the	32943
proceedings of the court; perform all other duties that the judges	32944
of the court may prescribe; and keep a book showing all receipts	32945
and disbursements, which book shall be open for public inspection	32946
at all times.	32947

The clerk shall prepare and maintain a general index, a	32948
docket, and other records that the court, by rule, requires, all	32949
of which shall be the public records of the court. In the docket,	32950
the clerk shall enter, at the time of the commencement of an	32951
action, the names of the parties in full, the names of the	32952
counsel, and the nature of the proceedings. Under proper dates,	32953
the clerk shall note the filing of the complaint, issuing of	32954
summons or other process, returns, and any subsequent pleadings.	32955
The clerk also shall enter all reports, verdicts, orders,	32956
judgments, and proceedings of the court, clearly specifying the	32957
relief granted or orders made in each action. The court may order	32958
an extended record of any of the above to be made and entered,	32959
under the proper action heading, upon the docket at the request of	32960
any party to the case, the expense of which record may be taxed as	32961
costs in the case or may be required to be prepaid by the party	32962
demanding the record, upon order of the court.	32963

(F) The clerk of a municipal court shall receive, collect,	32964
and issue receipts for all costs, fees, fines, bail, and other	32965
moneys payable to the office or to any officer of the court. The	32966
clerk shall each month disburse to the proper persons or officers,	32967
and take receipts for, all costs, fees, fines, bail, and other	32968
moneys that the clerk collects. Subject to sections 3375.50 and	32969
4511.193 of the Revised Code and to any other section of the	32970
Revised Code that requires a specific manner of disbursement of	32971
any moneys received by a municipal court and except for the	32972
Hamilton county, Lawrence county, and Ottawa county municipal	32973
courts, the clerk shall pay all fines received for violation of	32974
municipal ordinances into the treasury of the municipal	32975
corporation the ordinance of which was violated and shall pay all	32976
fines received for violation of township resolutions adopted	32977
pursuant to section 503.52 or 503.53 or Chapter 504. of the	32978
Revised Code into the treasury of the township the resolution of	32979
which was violated. Subject to sections 1901.024 and 4511.193 of	32980
the Revised Code, in the Hamilton county, Lawrence county, and	32981
Ottawa county municipal courts, the clerk shall pay fifty per cent	32982
of the fines received for violation of municipal ordinances and	32983
fifty per cent of the fines received for violation of township	32984
resolutions adopted pursuant to section 503.52 or 503.53 or	32985
Chapter 504. of the Revised Code into the treasury of the county.	32986
Subject to sections 3375.50, 3375.53, 4511.19, and 5503.04 of the	32987
Revised Code and to any other section of the Revised Code that	32988
requires a specific manner of disbursement of any moneys received	32989
by a municipal court, the clerk shall pay all fines collected for	32990
the violation of state laws into the county treasury. Except in a	32991
county-operated municipal court, the clerk shall pay all costs and	32992
fees the disbursement of which is not otherwise provided for in	32993
the Revised Code into the city treasury. The clerk of a	32994
county-operated municipal court shall pay the costs and fees the	32995
disbursement of which is not otherwise provided for in the Revised	32996
Code into the county treasury. Moneys deposited as security for	32997
costs shall be retained pending the litigation. The clerk shall	32998
keep a separate account of all receipts and disbursements in civil	32999
and criminal cases, which shall be a permanent public record of	33000
the office. On the expiration of the term of the clerk, the clerk	33001
shall deliver the records to the clerk's successor. The clerk	33002
shall have other powers and duties as are prescribed by rule or	33003
order of the court.	33004

(G) All moneys paid into a municipal court shall be noted on	33005
the record of the case in which they are paid and shall be	33006
deposited in a state or national bank, or a domestic savings and	33007
loan association, as defined in section 1151.01 of the Revised	33008
Code, that is selected by the clerk. Any interest received upon	33009
the deposits shall be paid into the city treasury, except that, in	33010
a county-operated municipal court, the interest shall be paid into	33011
the treasury of the county in which the court is located.	33012

On the first Monday in January of each year, the clerk shall	33013
make a list of the titles of all cases in the court that were	33014
finally determined more than one year past in which there remains	33015
unclaimed in the possession of the clerk any funds, or any part of	33016
a deposit for security of costs not consumed by the costs in the	33017
case. The clerk shall give notice of the moneys to the parties who	33018
are entitled to the moneys or to their attorneys of record. All	33019
the moneys remaining unclaimed on the first day of April of each	33020
year shall be paid by the clerk to the city treasurer, except	33021
that, in a county-operated municipal court, the moneys shall be	33022
paid to the treasurer of the county in which the court is located.	33023
The treasurer shall pay any part of the moneys at any time to the	33024
person who has the right to the moneys upon proper certification	33025
of the clerk.	33026

(H) Deputy clerks of a municipal court other than the Carroll	33027
county municipal court may be appointed by the clerk and shall	33028
receive the compensation, payable in either biweekly installments	33029
or semimonthly installments, as determined by the payroll	33030
administrator, out of the city treasury, that the clerk may	33031
prescribe, except that the compensation of any deputy clerk of a	33032
county-operated municipal court shall be paid out of the treasury	33033
of the county in which the court is located. The judge of the	33034
Carroll county municipal court may appoint deputy clerks for the	33035
court, and the deputy clerks shall receive the compensation,	33036
payable in biweekly installments out of the county treasury, that	33037
the judge may prescribe. Each deputy clerk shall take an oath of	33038
office before entering upon the duties of the deputy clerk's	33039
office and, when so qualified, may perform the duties appertaining	33040
to the office of the clerk. The clerk may require any of the	33041
deputy clerks to give bond of not less than three thousand	33042
dollars, conditioned for the faithful performance of the deputy	33043
clerk's duties.	33044

(I) For the purposes of this section, whenever the population	33045
of the territory of a municipal court falls below one hundred	33046
thousand but not below ninety thousand, and the population of the	33047
territory prior to the most recent regular federal census exceeded	33048
one hundred thousand, the legislative authority of the municipal	33049
corporation may declare, by resolution, that the territory shall	33050
be considered to have a population of at least one hundred	33051
thousand.	33052

(J) The clerk or a deputy clerk shall be in attendance at all	33053
sessions of the municipal court, although not necessarily in the	33054
courtroom, and may administer oaths to witnesses and jurors and	33055
receive verdicts.	33056

Sec. 1907.24. (A) Subject to division (C) of this section, a	33057
county court shall fix and tax fees and costs as follows:	33058

(1) The county court shall require an advance deposit for the	33059
filing of any new civil action or proceeding when required by	33060
division (C) of this section and, in all other cases, shall	33061
establish a schedule of fees and costs to be taxed in any civil or	33062
criminal action or proceeding.	33063

(2) The county court by rule may require an advance deposit	33064
for the filing of a civil action or proceeding and publication	33065
fees as provided in section 2701.09 of the Revised Code. The court	33066
may waive an advance deposit requirement upon the presentation of	33067
an affidavit or other evidence that establishes that a party is	33068
unable to make the requisite deposit.	33069

(3) When a party demands a jury trial in a civil action or	33070
proceeding, the county court may require the party to make an	33071
advance deposit as fixed by rule of court, unless the court	33072
concludes, on the basis of an affidavit or other evidence	33073
presented by the party, that the party is unable to make the	33074
requisite deposit. If a jury is called, the county court shall tax	33075
the fees of a jury as costs.	33076

(4) In a civil or criminal action or proceeding, the county	33077
court shall fix the fees of witnesses in accordance with sections	33078
2335.06 and 2335.08 of the Revised Code.	33079

(5) A county court may tax as part of the costs in a trial of	33080
the cause, in an amount fixed by rule of court, a reasonable	33081
charge for driving, towing, carting, storing, keeping, and	33082
preserving motor vehicles and other personal property recovered or	33083
seized in a proceeding.	33084

(6) The court shall preserve chattel property seized under a	33085
writ or process issued by the court pending final disposition for	33086
the benefit of all interested persons. The court may place the	33087
chattel property in storage when necessary or proper for its	33088
preservation. The custodian of chattel property so stored shall	33089
not be required to part with the possession of the property until	33090
a reasonable charge, to be fixed by the court, is paid.	33091

(7) The county court, as it determines, may refund all	33092
deposits and advance payments of fees and costs, including those	33093
for jurors and summoning jurors, when they have been paid by the	33094
losing party.	33095

(8) The court may tax as part of costs charges for the	33096
publication of legal notices required by statute or order of	33097
court, as provided by section 7.13 of the Revised Code.	33098

(B)(1) The county court may determine that, for the efficient	33099
operation of the court, additional funds are necessary to acquire	33100
and pay for special projects of the court including, but not	33101
limited to, the acquisition of additional facilities or the	33102
rehabilitation of existing facilities, the acquisition of	33103
equipment, the hiring and training of staff, community service	33104
programs, mediation or dispute resolution services, the employment	33105
of magistrates, the training and education of judges, acting	33106
judges, and magistrates, and other related services. Upon that	33107
determination, the court by rule may charge a fee, in addition to	33108
all other court costs, on the filing of each criminal cause, civil	33109
action or proceeding, or judgment by confession.	33110

If the county court offers a special program or service in	33111
cases of a specific type, the county court by rule may assess an	33112
additional charge in a case of that type, over and above court	33113
costs, to cover the special program or service. The county court	33114
shall adjust the special assessment periodically, but not	33115
retroactively, so that the amount assessed in those cases does not	33116
exceed the actual cost of providing the service or program.	33117

All moneys collected under division (B) of this section shall	33118
be paid to the county treasurer for deposit into either a general	33119
special projects fund or a fund established for a specific special	33120
project. Moneys from a fund of that nature shall be disbursed upon	33121
an order of the court in an amount no greater than the actual cost	33122
to the court of a project. If a specific fund is terminated	33123
because of the discontinuance of a program or service established	33124
under division (B) of this section, the county court may order	33125
that moneys remaining in the fund be transferred to an account	33126
established under this division for a similar purpose.	33127

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

33128

(a) "Criminal cause" means a charge alleging the violation of	33129
a statute or ordinance, or subsection of a statute or ordinance,	33130
that requires a separate finding of fact or a separate plea before	33131
disposition and of which the defendant may be found guilty,	33132
whether filed as part of a multiple charge on a single summons,	33133
citation, or complaint or as a separate charge on a single	33134
summons, citation, or complaint. "Criminal cause" does not include	33135
separate violations of the same statute or ordinance, or	33136
subsection of the same statute or ordinance, unless each charge is	33137
filed on a separate summons, citation, or complaint.	33138

(b) "Civil action or proceeding" means any civil litigation	33139
that must be determined by judgment entry.	33140

(C) Subject to division (E) of this section, the county court	33141
shall collect in all its divisions except the small claims	33142
division the sum of ~~twenty-six~~thirty-one dollars as additional	33143
filing fees in each new civil action or proceeding for the	33144
charitable public purpose of providing financial assistance to	33145
legal aid societies that operate within the state and to support	33146
the office of the state public defender. Subject to division (E)	33147
of this section, the county court shall collect in its small	33148
claims division the sum of eleven dollars as additional filing	33149
fees in each new civil action or proceeding for the charitable	33150
public purpose of providing financial assistance to legal aid	33151
societies that operate within the state and to support the office	33152
of the state public defender. This division does not apply to any	33153
execution on a judgment, proceeding in aid of execution, or other	33154
post-judgment proceeding arising out of a civil action. The filing	33155
fees required to be collected under this division shall be in	33156
addition to any other court costs imposed in the action or	33157
proceeding and shall be collected at the time of the filing of the	33158
action or proceeding. The court shall not waive the payment of the	33159
additional filing fees in a new civil action or proceeding unless	33160
the court waives the advanced payment of all filing fees in the	33161
action or proceeding. All such moneys collected during a month	33162
except for an amount equal to up to one per cent of those moneys	33163
retained to cover administrative costs shall be transmitted on or	33164
before the twentieth day of the following month by the clerk of	33165
the court to the treasurer of state in a manner prescribed by the	33166
treasurer of state or by the Ohio legal assistance foundation. The	33167
treasurer of state shall deposit four per cent of the funds	33168
collected under this division to the credit of the civil case	33169
filing fee fund established under section 120.07 of the Revised	33170
Code and ninety-six per cent of the funds collected under this	33171
division to the credit of the legal aid fund established under	33172
section 120.52 of the Revised Code.	33173

The court may retain up to one per cent of the moneys it	33174
collects under this division to cover administrative costs,	33175
including the hiring of any additional personnel necessary to	33176
implement this division. If the court fails to transmit to the	33177
treasurer of state the moneys the court collects under this	33178
division in a manner prescribed by the treasurer of state or by	33179
the Ohio legal assistance foundation, the court shall forfeit the	33180
moneys the court retains under this division to cover	33181
administrative costs, including the hiring of any additional	33182
personnel necessary to implement this division, and shall transmit	33183
to the treasurer of state all moneys collected under this	33184
division, including the forfeited amount retained for	33185
administrative costs, for deposit in the legal aid fund.	33186

(D) The county court shall establish by rule a schedule of	33187
fees for miscellaneous services performed by the county court or	33188
any of its judges in accordance with law. If judges of the court	33189
of common pleas perform similar services, the fees prescribed in	33190
the schedule shall not exceed the fees for those services	33191
prescribed by the court of common pleas.	33192

(E) Under the circumstances described in sections 2969.21 to	33193
2969.27 of the Revised Code, the clerk of the county court shall	33194
charge the fees and perform the other duties specified in those	33195
sections.	33196

Sec. 2101.01. (A) A probate division of the court of common	33197
pleas shall be held at the county seat in each county in an office	33198
furnished by the board of county commissioners, in which the	33199
books, records, and papers pertaining to the probate division	33200
shall be deposited and safely kept by the probate judge. The board	33201
shall provide suitable cases or other necessary items for the	33202
safekeeping and preservation of the books, records, and papers of	33203
the court and shall furnish any blankbooks, blanks, and	33204
stationery, and any machines, equipment, and materials for the	33205
keeping or examining of records, that the probate judge requires	33206
in the discharge of official duties. The board also shall	33207
authorize expenditures for accountants, financial consultants, and	33208
other agents required for auditing or financial consulting by the	33209
probate division whenever the probate judge considers these	33210
services and expenditures necessary for the efficient performance	33211
of the division's duties. The probate judge shall employ and	33212
supervise all clerks, deputies, magistrates, and other employees	33213
of the probate division. The probate judge shall supervise all	33214
probate court investigators and assessors in the performance of	33215
their duties as investigators and assessors and shall employ,	33216
appoint, or designate all probate court investigators and	33217
assessors in the manner described in divisions (A)(2) and (3) of	33218
section 2101.11 of the Revised Code.	33219

(B) As used in the Revised Code:

33220

(1) Except as provided in division (B)(2) of this section,	33221
"probate court" means the probate division of the court of common	33222
pleas, and "probate judge" means the judge of the court of common	33223
pleas who is judge of the probate division.	33224

(2) With respect to Lorain county:

33225

(a) From ~~January 1, 2006, through February 8, 2009, "probate~~	33226
~~court" means both the probate division and the domestic relations~~	33227
~~division of the court of common pleas, and "probate judge" means~~	33228
~~both the judge of the court of common pleas who is judge of the~~	33229
~~probate division and each of the judges of the court of common~~	33230
~~pleas who are judges of the domestic relations division.~~	33231

~~(b) On and after~~ February 9, 2009, through September 28,	33232
2009, "probate court" means the domestic relations division of	33233
the court of common pleas, and "probate judge" means each of the	33234
judges of the court of common pleas who are judges of the	33235
domestic relations division.	33236

(b) The judge of the court of common pleas, division of	33237
domestic relations, whose term begins on February 9, 2009, and	33238
successors, shall be the probate judge beginning September 29,	33239
2009, and shall be elected and designated as judge of the court	33240
of common pleas, probate division.	33241

(C) Except as otherwise provided in this division, all	33242
pleadings, forms, journals, and other records filed or used in the	33243
probate division shall be entitled "In the Court of Common Pleas,	33244
Probate Division," but are not defective if entitled "In the	33245
Probate Court." In Lorain county, ~~on and after~~from February 9,	33246
2009, through September 28, 2009, all pleadings, forms, journals,	33247
and other records filed or used in probate matters shall be	33248
entitled "In the Court of Common Pleas, Domestic Relations	33249
Division," but are not defective if entitled "In the Probate	33250
Division" or "In the Probate Court."	33251

Sec. 2151.011. (A) As used in the Revised Code:

33252

(1) "Juvenile court" means whichever of the following is	33253
applicable that has jurisdiction under this chapter and Chapter	33254
2152. of the Revised Code:	33255

(a) The division of the court of common pleas specified in	33256
section 2101.022 or 2301.03 of the Revised Code as having	33257
jurisdiction under this chapter and Chapter 2152. of the Revised	33258
Code or as being the juvenile division or the juvenile division	33259
combined with one or more other divisions;	33260

(b) The juvenile court of Cuyahoga county or Hamilton county	33261
that is separately and independently created by section 2151.08 or	33262
Chapter 2153. of the Revised Code and that has jurisdiction under	33263
this chapter and Chapter 2152. of the Revised Code;	33264

(c) If division (A)(1)(a) or (b) of this section does not	33265
apply, the probate division of the court of common pleas.	33266

(2) "Juvenile judge" means a judge of a court having	33267
jurisdiction under this chapter.	33268

(3) "Private child placing agency" means any association, as	33269
defined in section 5103.02 of the Revised Code, that is certified	33270
under section 5103.03 of the Revised Code to accept temporary,	33271
permanent, or legal custody of children and place the children for	33272
either foster care or adoption.	33273

(4) "Private noncustodial agency" means any person,	33274
organization, association, or society certified by the department	33275
of job and family services that does not accept temporary or	33276
permanent legal custody of children, that is privately operated in	33277
this state, and that does one or more of the following:	33278

(a) Receives and cares for children for two or more	33279
consecutive weeks;	33280

(b) Participates in the placement of children in certified	33281
foster homes;	33282

(c) Provides adoption services in conjunction with a public	33283
children services agency or private child placing agency.	33284

(B) As used in this chapter:

33285

(1) "Adequate parental care" means the provision by a child's	33286
parent or parents, guardian, or custodian of adequate food,	33287
clothing, and shelter to ensure the child's health and physical	33288
safety and the provision by a child's parent or parents of	33289
specialized services warranted by the child's physical or mental	33290
needs.	33291

(2) "Adult" means an individual who is eighteen years of age	33292
or older.	33293

(3) "Agreement for temporary custody" means a voluntary	33294
agreement authorized by section 5103.15 of the Revised Code that	33295
transfers the temporary custody of a child to a public children	33296
services agency or a private child placing agency.	33297

(4) "Certified foster home" means a foster home, as defined	33298
in section 5103.02 of the Revised Code, certified under section	33299
5103.03 of the Revised Code.	33300

(5) "Child" means a person who is under eighteen years of	33301
age, except that the juvenile court has jurisdiction over any	33302
person who is adjudicated an unruly child prior to attaining	33303
eighteen years of age until the person attains twenty-one years of	33304
age, and, for purposes of that jurisdiction related to that	33305
adjudication, a person who is so adjudicated an unruly child shall	33306
be deemed a "child" until the person attains twenty-one years of	33307
age.	33308

(6) "Child day camp," "child care," "child day-care center,"	33309
"part-time child day-care center," "type A family day-care home,"	33310
"certified type B family day-care home," "type B home,"	33311
"administrator of a child day-care center," "administrator of a	33312
type A family day-care home," "in-home aide," and "authorized	33313
provider" have the same meanings as in section 5104.01 of the	33314
Revised Code.	33315

(7) "Child care provider" means an individual who is a	33316
child-care staff member or administrator of a child day-care	33317
center, a type A family day-care home, or a type B family day-care	33318
home, or an in-home aide or an individual who is licensed, is	33319
regulated, is approved, operates under the direction of, or	33320
otherwise is certified by the department of job and family	33321
services, department of mental retardation and developmental	33322
disabilities, or the early childhood programs of the department of	33323
education.	33324

(8) "Chronic truant" has the same meaning as in section	33325
2152.02 of the Revised Code.	33326

(9) "Commit" means to vest custody as ordered by the court.

33327

(10) "Counseling" includes both of the following:

33328

(a) General counseling services performed by a public	33329
children services agency or shelter for victims of domestic	33330
violence to assist a child, a child's parents, and a child's	33331
siblings in alleviating identified problems that may cause or have	33332
caused the child to be an abused, neglected, or dependent child.	33333

(b) Psychiatric or psychological therapeutic counseling	33334
services provided to correct or alleviate any mental or emotional	33335
illness or disorder and performed by a licensed psychiatrist,	33336
licensed psychologist, or a person licensed under Chapter 4757. of	33337
the Revised Code to engage in social work or professional	33338
counseling.	33339

(11) "Custodian" means a person who has legal custody of a	33340
child or a public children services agency or private child	33341
placing agency that has permanent, temporary, or legal custody of	33342
a child.	33343

(12) "Delinquent child" has the same meaning as in section	33344
2152.02 of the Revised Code.	33345

(13) "Detention" means the temporary care of children pending	33346
court adjudication or disposition, or execution of a court order,	33347
in a public or private facility designed to physically restrict	33348
the movement and activities of children.	33349

(14) "Developmental disability" has the same meaning as in	33350
section 5123.01 of the Revised Code.	33351

(15) "Foster caregiver" has the same meaning as in section	33352
5103.02 of the Revised Code.	33353

(16) "Guardian" means a person, association, or corporation	33354
that is granted authority by a probate court pursuant to Chapter	33355
2111. of the Revised Code to exercise parental rights over a child	33356
to the extent provided in the court's order and subject to the	33357
residual parental rights of the child's parents.	33358

(17) "Habitual truant" means any child of compulsory school	33359
age who is absent without legitimate excuse for absence from the	33360
public school the child is supposed to attend for five or more	33361
consecutive school days, seven or more school days in one school	33362
month, or twelve or more school days in a school year.	33363

(18) "Juvenile traffic offender" has the same meaning as in	33364
section 2152.02 of the Revised Code.	33365

(19) "Legal custody" means a legal status that vests in the	33366
custodian the right to have physical care and control of the child	33367
and to determine where and with whom the child shall live, and the	33368
right and duty to protect, train, and discipline the child and to	33369
provide the child with food, shelter, education, and medical care,	33370
all subject to any residual parental rights, privileges, and	33371
responsibilities. An individual granted legal custody shall	33372
exercise the rights and responsibilities personally unless	33373
otherwise authorized by any section of the Revised Code or by the	33374
court.	33375

(20) A "legitimate excuse for absence from the public school	33376
the child is supposed to attend" includes, but is not limited to,	33377
any of the following:	33378

(a) The fact that the child in question has enrolled in and	33379
is attending another public or nonpublic school in this or another	33380
state;	33381

(b) The fact that the child in question is excused from	33382
attendance at school for any of the reasons specified in section	33383
3321.04 of the Revised Code;	33384

(c) The fact that the child in question has received an age	33385
and schooling certificate in accordance with section 3331.01 of	33386
the Revised Code.	33387

(21) "Mental illness" and "mentally ill person subject to	33388
hospitalization by court order" have the same meanings as in	33389
section 5122.01 of the Revised Code.	33390

(22) "Mental injury" means any behavioral, cognitive,	33391
emotional, or mental disorder in a child caused by an act or	33392
omission that is described in section 2919.22 of the Revised Code	33393
and is committed by the parent or other person responsible for the	33394
child's care.	33395

(23) "Mentally retarded person" has the same meaning as in	33396
section 5123.01 of the Revised Code.	33397

(24) "Nonsecure care, supervision, or training" means care,	33398
supervision, or training of a child in a facility that does not	33399
confine or prevent movement of the child within the facility or	33400
from the facility.	33401

(25) "Of compulsory school age" has the same meaning as in	33402
section 3321.01 of the Revised Code.	33403

(26) "Organization" means any institution, public,	33404
semipublic, or private, and any private association, society, or	33405
agency located or operating in the state, incorporated or	33406
unincorporated, having among its functions the furnishing of	33407
protective services or care for children, or the placement of	33408
children in certified foster homes or elsewhere.	33409

(27) "Out-of-home care" means detention facilities, shelter	33410
facilities, certified children's crisis care facilities, certified	33411
foster homes, placement in a prospective adoptive home prior to	33412
the issuance of a final decree of adoption, organizations,	33413
certified organizations, child day-care centers, type A family	33414
day-care homes, child care provided by type B family day-care home	33415
providers and by in-home aides, group home providers, group homes,	33416
institutions, state institutions, residential facilities,	33417
residential care facilities, residential camps, day camps, public	33418
schools, chartered nonpublic schools, educational service centers,	33419
hospitals, and medical clinics that are responsible for the care,	33420
physical custody, or control of children.	33421

(28) "Out-of-home care child abuse" means any of the	33422
following when committed by a person responsible for the care of a	33423
child in out-of-home care:	33424

(a) Engaging in sexual activity with a child in the person's	33425
care;	33426

(b) Denial to a child, as a means of punishment, of proper or	33427
necessary subsistence, education, medical care, or other care	33428
necessary for a child's health;	33429

(c) Use of restraint procedures on a child that cause injury	33430
or pain;	33431

(d) Administration of prescription drugs or psychotropic	33432
medication to the child without the written approval and ongoing	33433
supervision of a licensed physician;	33434

(e) Commission of any act, other than by accidental means,	33435
that results in any injury to or death of the child in out-of-home	33436
care or commission of any act by accidental means that results in	33437
an injury to or death of a child in out-of-home care and that is	33438
at variance with the history given of the injury or death.	33439

(29) "Out-of-home care child neglect" means any of the	33440
following when committed by a person responsible for the care of a	33441
child in out-of-home care:	33442

(a) Failure to provide reasonable supervision according to	33443
the standards of care appropriate to the age, mental and physical	33444
condition, or other special needs of the child;	33445

(b) Failure to provide reasonable supervision according to	33446
the standards of care appropriate to the age, mental and physical	33447
condition, or other special needs of the child, that results in	33448
sexual or physical abuse of the child by any person;	33449

33450

(i) Administration of prescription drugs or psychotropic	33451
drugs for the child;	33452

(ii) Assuring that the instructions of the licensed physician	33453
who prescribed a drug for the child are followed;	33454

(iii) Reporting to the licensed physician who prescribed the	33455
drug all unfavorable or dangerous side effects from the use of the	33456
drug.	33457

(d) Failure to provide proper or necessary subsistence,	33458
education, medical care, or other individualized care necessary	33459
for the health or well-being of the child;	33460

(e) Confinement of the child to a locked room without	33461
monitoring by staff;	33462

(f) Failure to provide ongoing security for all prescription	33463
and nonprescription medication;	33464

(g) Isolation of a child for a period of time when there is	33465
substantial risk that the isolation, if continued, will impair or	33466
retard the mental health or physical well-being of the child.	33467

(30) "Permanent custody" means a legal status that vests in a	33468
public children services agency or a private child placing agency,	33469
all parental rights, duties, and obligations, including the right	33470
to consent to adoption, and divests the natural parents or	33471
adoptive parents of all parental rights, privileges, and	33472
obligations, including all residual rights and obligations.	33473

(31) "Permanent surrender" means the act of the parents or,	33474
if a child has only one parent, of the parent of a child, by a	33475
voluntary agreement authorized by section 5103.15 of the Revised	33476
Code, to transfer the permanent custody of the child to a public	33477
children services agency or a private child placing agency.	33478

(32) "Person" means an individual, association, corporation,	33479
or partnership and the state or any of its political subdivisions,	33480
departments, or agencies.	33481

(33) "Person responsible for a child's care in out-of-home	33482
care" means any of the following:	33483

(a) Any foster caregiver, in-home aide, or provider;

33484

(b) Any administrator, employee, or agent of any of the	33485
following: a public or private detention facility; shelter	33486
facility; certified children's crisis care facility; organization;	33487
certified organization; child day-care center; type A family	33488
day-care home; certified type B family day-care home; group home;	33489
institution; state institution; residential facility; residential	33490
care facility; residential camp; day camp; school district;	33491
community school; chartered nonpublic school; educational service	33492
center; hospital; or medical clinic;	33493

(c) Any person who supervises or coaches children as part of	33494
an extracurricular activity sponsored by a school district, public	33495
school, or chartered nonpublic school;	33496

(d) Any other person who performs a similar function with	33497
respect to, or has a similar relationship to, children.	33498

(34) "Physically impaired" means having one or more of the	33499
following conditions that substantially limit one or more of an	33500
individual's major life activities, including self-care, receptive	33501
and expressive language, learning, mobility, and self-direction:	33502

(a) A substantial impairment of vision, speech, or hearing;

33503

(b) A congenital orthopedic impairment;

33504

(c) An orthopedic impairment caused by disease, rheumatic	33505
fever or any other similar chronic or acute health problem, or	33506
amputation or another similar cause.	33507

(35) "Placement for adoption" means the arrangement by a	33508
public children services agency or a private child placing agency	33509
with a person for the care and adoption by that person of a child	33510
of whom the agency has permanent custody.	33511

(36) "Placement in foster care" means the arrangement by a	33512
public children services agency or a private child placing agency	33513
for the out-of-home care of a child of whom the agency has	33514
temporary custody or permanent custody.	33515

(37) "Planned permanent living arrangement" means an order of	33516
a juvenile court pursuant to which both of the following apply:	33517

(a) The court gives legal custody of a child to a public	33518
children services agency or a private child placing agency without	33519
the termination of parental rights.	33520

(b) The order permits the agency to make an appropriate	33521
placement of the child and to enter into a written agreement with	33522
a foster care provider or with another person or agency with whom	33523
the child is placed.	33524

(38) "Practice of social work" and "practice of professional	33525
counseling" have the same meanings as in section 4757.01 of the	33526
Revised Code.	33527

(39) "Sanction, service, or condition" means a sanction,	33528
service, or condition created by court order following an	33529
adjudication that a child is an unruly child that is described in	33530
division (A)(4) of section 2152.19 of the Revised Code.	33531

(40) "Protective supervision" means an order of disposition	33532
pursuant to which the court permits an abused, neglected,	33533
dependent, or unruly child to remain in the custody of the child's	33534
parents, guardian, or custodian and stay in the child's home,	33535
subject to any conditions and limitations upon the child, the	33536
child's parents, guardian, or custodian, or any other person that	33537
the court prescribes, including supervision as directed by the	33538
court for the protection of the child.	33539

(41) "Psychiatrist" has the same meaning as in section	33540
5122.01 of the Revised Code.	33541

(42) "Psychologist" has the same meaning as in section	33542
4732.01 of the Revised Code.	33543

(43) "Residential camp" means a program in which the care,	33544
physical custody, or control of children is accepted overnight for	33545
recreational or recreational and educational purposes.	33546

(44) "Residential care facility" means an institution,	33547
residence, or facility that is licensed by the department of	33548
mental health under section 5119.22 of the Revised Code and that	33549
provides care for a child.	33550

(45) "Residential facility" means a home or facility that is	33551
licensed by the department of mental retardation and developmental	33552
disabilities under section 5123.19 of the Revised Code and in	33553
which a child with a developmental disability resides.	33554

(46) "Residual parental rights, privileges, and	33555
responsibilities" means those rights, privileges, and	33556
responsibilities remaining with the natural parent after the	33557
transfer of legal custody of the child, including, but not	33558
necessarily limited to, the privilege of reasonable visitation,	33559
consent to adoption, the privilege to determine the child's	33560
religious affiliation, and the responsibility for support.	33561

(47) "School day~~" means the school day established by the~~	33562
~~state board of education pursuant to section 3313.48 of the~~	33563
~~Revised Code.~~	33564

~~(48) "School~~," "school month," and "school year" have the	33565
same meanings as in section 3313.62 of the Revised Code.	33566

~~(49)~~(48) "Secure correctional facility" means a facility	33567
under the direction of the department of youth services that is	33568
designed to physically restrict the movement and activities of	33569
children and used for the placement of children after adjudication	33570
and disposition.	33571

~~(50)~~(49) "Sexual activity" has the same meaning as in section	33572
2907.01 of the Revised Code.	33573

~~(51)~~(50) "Shelter" means the temporary care of children in	33574
physically unrestricted facilities pending court adjudication or	33575
disposition.	33576

~~(52)~~(51) "Shelter for victims of domestic violence" has the	33577
same meaning as in section 3113.33 of the Revised Code.	33578

~~(53)~~(52) "Temporary custody" means legal custody of a child	33579
who is removed from the child's home, which custody may be	33580
terminated at any time at the discretion of the court or, if the	33581
legal custody is granted in an agreement for temporary custody, by	33582
the person who executed the agreement.	33583

(C) For the purposes of this chapter, a child shall be	33584
presumed abandoned when the parents of the child have failed to	33585
visit or maintain contact with the child for more than ninety	33586
days, regardless of whether the parents resume contact with the	33587
child after that period of ninety days.	33588

Sec. 2301.02. The number of judges of the court of common	33589
pleas for each county, the time for the next election of the	33590
judges in the several counties, and the beginning of their terms	33591
shall be as follows:	33592

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	33593
elected in 1956, term to begin February 9, 1957;	33594

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	33595
Ottawa, and Union counties, one judge, to be elected in 1954, term	33596
to begin February 9, 1955;	33597

In Auglaize county, one judge, to be elected in 1956, term to	33598
begin January 9, 1957;	33599

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	33600
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	33601
Wyandot counties, one judge, to be elected in 1956, term to begin	33602
January 1, 1957;	33603

In Morrow county, two judges, one to be elected in 1956, term	33604
to begin January 1, 1957, and one to be elected in 2006, term to	33605
begin January 1, 2007;	33606

In Logan county, two judges, one to be elected in 1956, term	33607
to begin January 1, 1957, and one to be elected in 2004, term to	33608
begin January 2, 2005;	33609

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	33610
Shelby, Van Wert, and Williams counties, one judge, to be elected	33611
in 1952, term to begin January 1, 1953;	33612

In Champaign county, two judges, one to be elected in 1952,	33613
term to begin January 1, 1953, and one to be elected in 2008, term	33614
to begin February 10, 2009.	33615

In Harrison and Noble counties, one judge, to be elected in	33616
1954, term to begin April 18, 1955;	33617

In Henry county, two judges, one to be elected in 1956, term	33618
to begin May 9, 1957, and one to be elected in 2004, term to begin	33619
January 1, 2005;	33620

In Putnam county, one judge, to be elected in 1956, term to	33621
begin May 9, 1957;	33622

In Huron county, one judge, to be elected in 1952, term to	33623
begin May 14, 1953;	33624

In Perry county, one judge, to be elected in 1954, term to	33625
begin July 6, 1956;	33626

In Sandusky county, two judges, one to be elected in 1954,	33627
term to begin February 10, 1955, and one to be elected in 1978,	33628
term to begin January 1, 1979;	33629

(B) In Allen county, three judges, one to be elected in 1956,	33630
term to begin February 9, 1957, the second to be elected in 1958,	33631
term to begin January 1, 1959, and the third to be elected in	33632
1992, term to begin January 1, 1993;	33633

In Ashtabula county, three judges, one to be elected in 1954,	33634
term to begin February 9, 1955, one to be elected in 1960, term to	33635
begin January 1, 1961, and one to be elected in 1978, term to	33636
begin January 2, 1979;	33637

In Athens county, two judges, one to be elected in 1954, term	33638
to begin February 9, 1955, and one to be elected in 1990, term to	33639
begin July 1, 1991;	33640

In Erie county, four judges, one to be elected in 1956, term	33641
to begin January 1, 1957, the second to be elected in 1970, term	33642
to begin January 2, 1971, the third to be elected in 2004, term to	33643
begin January 2, 2005, and the fourth to be elected in 2008, term	33644
to begin February 9, 2009;	33645

In Fairfield county, three judges, one to be elected in 1954,	33646
term to begin February 9, 1955, the second to be elected in 1970,	33647
term to begin January 1, 1971, and the third to be elected in	33648
1994, term to begin January 2, 1995;	33649

In Geauga county, two judges, one to be elected in 1956, term	33650
to begin January 1, 1957, and the second to be elected in 1976,	33651
term to begin January 6, 1977;	33652

In Greene county, four judges, one to be elected in 1956,	33653
term to begin February 9, 1957, the second to be elected in 1960,	33654
term to begin January 1, 1961, the third to be elected in 1978,	33655
term to begin January 2, 1979, and the fourth to be elected in	33656
1994, term to begin January 1, 1995;	33657

In Hancock county, two judges, one to be elected in 1952,	33658
term to begin January 1, 1953, and the second to be elected in	33659
1978, term to begin January 1, 1979;	33660

In Lawrence county, two judges, one to be elected in 1954,	33661
term to begin February 9, 1955, and the second to be elected in	33662
1976, term to begin January 1, 1977;	33663

In Marion county, three judges, one to be elected in 1952,	33664
term to begin January 1, 1953, the second to be elected in 1976,	33665
term to begin January 2, 1977, and the third to be elected in	33666
1998, term to begin February 9, 1999;	33667

In Medina county, three judges, one to be elected in 1956,	33668
term to begin January 1, 1957, the second to be elected in 1966,	33669
term to begin January 1, 1967, and the third to be elected in	33670
1994, term to begin January 1, 1995;	33671

In Miami county, two judges, one to be elected in 1954, term	33672
to begin February 9, 1955, and one to be elected in 1970, term to	33673
begin on January 1, 1971;	33674

In Muskingum county, three judges, one to be elected in 1968,	33675
term to begin August 9, 1969, one to be elected in 1978, term to	33676
begin January 1, 1979, and one to be elected in 2002, term to	33677
begin January 2, 2003;	33678

In Portage county, three judges, one to be elected in 1956,	33679
term to begin January 1, 1957, the second to be elected in 1960,	33680
term to begin January 1, 1961, and the third to be elected in	33681
1986, term to begin January 2, 1987;	33682

In Ross county, two judges, one to be elected in 1956, term	33683
to begin February 9, 1957, and the second to be elected in 1976,	33684
term to begin January 1, 1977;	33685

In Scioto county, three judges, one to be elected in 1954,	33686
term to begin February 10, 1955, the second to be elected in 1960,	33687
term to begin January 1, 1961, and the third to be elected in	33688
1994, term to begin January 2, 1995;	33689

In Seneca county, two judges, one to be elected in 1956, term	33690
to begin January 1, 1957, and the second to be elected in 1986,	33691
term to begin January 2, 1987;	33692

In Warren county, four judges, one to be elected in 1954,	33693
term to begin February 9, 1955, the second to be elected in 1970,	33694
term to begin January 1, 1971, the third to be elected in 1986,	33695
term to begin January 1, 1987, and the fourth to be elected in	33696
2004, term to begin January 2, 2005;	33697

In Washington county, two judges, one to be elected in 1952,	33698
term to begin January 1, 1953, and one to be elected in 1986, term	33699
to begin January 1, 1987;	33700

In Wood county, three judges, one to be elected in 1968, term	33701
beginning January 1, 1969, the second to be elected in 1970, term	33702
to begin January 2, 1971, and the third to be elected in 1990,	33703
term to begin January 1, 1991;	33704

In Belmont and Jefferson counties, two judges, to be elected	33705
in 1954, terms to begin January 1, 1955, and February 9, 1955,	33706
respectively;	33707

In Clark county, four judges, one to be elected in 1952, term	33708
to begin January 1, 1953, the second to be elected in 1956, term	33709
to begin January 2, 1957, the third to be elected in 1986, term to	33710
begin January 3, 1987, and the fourth to be elected in 1994, term	33711
to begin January 2, 1995.	33712

In Clermont county, five judges, one to be elected in 1956,	33713
term to begin January 1, 1957, the second to be elected in 1964,	33714
term to begin January 1, 1965, the third to be elected in 1982,	33715
term to begin January 2, 1983, the fourth to be elected in 1986,	33716
term to begin January 2, 1987; and the fifth to be elected in	33717
2006, term to begin January 3, 2007;	33718

In Columbiana county, two judges, one to be elected in 1952,	33719
term to begin January 1, 1953, and the second to be elected in	33720
1956, term to begin January 1, 1957;	33721

In Delaware county, two judges, one to be elected in 1990,	33722
term to begin February 9, 1991, the second to be elected in 1994,	33723
term to begin January 1, 1995;	33724

In Lake county, six judges, one to be elected in 1958, term	33725
to begin January 1, 1959, the second to be elected in 1960, term	33726
to begin January 2, 1961, the third to be elected in 1964, term to	33727
begin January 3, 1965, the fourth and fifth to be elected in 1978,	33728
terms to begin January 4, 1979, and January 5, 1979, respectively,	33729
and the sixth to be elected in 2000, term to begin January 6,	33730
2001;	33731

In Licking county, four judges, one to be elected in 1954,	33732
term to begin February 9, 1955, one to be elected in 1964, term to	33733
begin January 1, 1965, one to be elected in 1990, term to begin	33734
January 1, 1991, and one to be elected in 2004, term to begin	33735
January 1, 2005;	33736

In Lorain county, ~~ten~~nine judges, two to be elected in 1952,	33737
terms to begin January 1, 1953, and January 2, 1953, respectively,	33738
one to be elected in 1958, term to begin January 3, 1959, one to	33739
be elected in 1968, term to begin January 1, 1969, two to be	33740
elected in 1988, terms to begin January 4, 1989, and January 5,	33741
1989, respectively, two to be elected in 1998, terms to begin	33742
January 2, 1999, and January 3, 1999, respectively; and one to be	33743
elected in 2006, term to begin January 6, 2007; ~~and one to be~~	33744
~~elected in 2008, term to begin February 9, 2009, as described in~~	33745
~~division (C)(1)(c) of section 2301.03 of the Revised Code;~~	33746

In Butler county, eleven judges, one to be elected in 1956,	33747
term to begin January 1, 1957; two to be elected in 1954, terms to	33748
begin January 1, 1955, and February 9, 1955, respectively; one to	33749
be elected in 1968, term to begin January 2, 1969; one to be	33750
elected in 1986, term to begin January 3, 1987; two to be elected	33751
in 1988, terms to begin January 1, 1989, and January 2, 1989,	33752
respectively; one to be elected in 1992, term to begin January 4,	33753
1993; two to be elected in 2002, terms to begin January 2, 2003,	33754
and January 3, 2003, respectively; and one to be elected in 2006,	33755
term to begin January 3, 2007;	33756

In Richland county, four judges, one to be elected in 1956,	33757
term to begin January 1, 1957, the second to be elected in 1960,	33758
term to begin February 9, 1961, the third to be elected in 1968,	33759
term to begin January 2, 1969, and the fourth to be elected in	33760
2004, term to begin January 3, 2005;	33761

In Tuscarawas county, two judges, one to be elected in 1956,	33762
term to begin January 1, 1957, and the second to be elected in	33763
1960, term to begin January 2, 1961;	33764

In Wayne county, two judges, one to be elected in 1956, term	33765
beginning January 1, 1957, and one to be elected in 1968, term to	33766
begin January 2, 1969;	33767

In Trumbull county, six judges, one to be elected in 1952,	33768
term to begin January 1, 1953, the second to be elected in 1954,	33769
term to begin January 1, 1955, the third to be elected in 1956,	33770
term to begin January 1, 1957, the fourth to be elected in 1964,	33771
term to begin January 1, 1965, the fifth to be elected in 1976,	33772
term to begin January 2, 1977, and the sixth to be elected in	33773
1994, term to begin January 3, 1995;	33774

(C) In Cuyahoga county, thirty-nine judges; eight to be	33775
elected in 1954, terms to begin on successive days beginning from	33776
January 1, 1955, to January 7, 1955, and February 9, 1955,	33777
respectively; eight to be elected in 1956, terms to begin on	33778
successive days beginning from January 1, 1957, to January 8,	33779
1957; three to be elected in 1952, terms to begin from January 1,	33780
1953, to January 3, 1953; two to be elected in 1960, terms to	33781
begin on January 8, 1961, and January 9, 1961, respectively; two	33782
to be elected in 1964, terms to begin January 4, 1965, and January	33783
5, 1965, respectively; one to be elected in 1966, term to begin on	33784
January 10, 1967; four to be elected in 1968, terms to begin on	33785
successive days beginning from January 9, 1969, to January 12,	33786
1969; two to be elected in 1974, terms to begin on January 18,	33787
1975, and January 19, 1975, respectively; five to be elected in	33788
1976, terms to begin on successive days beginning January 6, 1977,	33789
to January 10, 1977; two to be elected in 1982, terms to begin	33790
January 11, 1983, and January 12, 1983, respectively; and two to	33791
be elected in 1986, terms to begin January 13, 1987, and January	33792
14, 1987, respectively;	33793

In Franklin county, twenty-two judges; two to be elected in	33794
1954, terms to begin January 1, 1955, and February 9, 1955,	33795
respectively; four to be elected in 1956, terms to begin January	33796
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	33797
begin January 1, 1959, to January 4, 1959; three to be elected in	33798
1968, terms to begin January 5, 1969, to January 7, 1969; three to	33799
be elected in 1976, terms to begin on successive days beginning	33800
January 5, 1977, to January 7, 1977; one to be elected in 1982,	33801
term to begin January 8, 1983; one to be elected in 1986, term to	33802
begin January 9, 1987; two to be elected in 1990, terms to begin	33803
July 1, 1991, and July 2, 1991, respectively; one to be elected in	33804
1996, term to begin January 2, 1997; and one to be elected in	33805
2004, term to begin July 1, 2005;	33806

In Hamilton county, twenty-one judges; eight to be elected in	33807
1966, terms to begin January 1, 1967, January 2, 1967, and from	33808
February 9, 1967, to February 14, 1967, respectively; five to be	33809
elected in 1956, terms to begin from January 1, 1957, to January	33810
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	33811
one to be elected in 1974, term to begin January 15, 1975; one to	33812
be elected in 1980, term to begin January 16, 1981; two to be	33813
elected at large in the general election in 1982, terms to begin	33814
April 1, 1983; one to be elected in 1990, term to begin July 1,	33815
1991; and two to be elected in 1996, terms to begin January 3,	33816
1997, and January 4, 1997, respectively;	33817

In Lucas county, fourteen judges; two to be elected in 1954,	33818
terms to begin January 1, 1955, and February 9, 1955,	33819
respectively; two to be elected in 1956, terms to begin January 1,	33820
1957, and October 29, 1957, respectively; two to be elected in	33821
1952, terms to begin January 1, 1953, and January 2, 1953,	33822
respectively; one to be elected in 1964, term to begin January 3,	33823
1965; one to be elected in 1968, term to begin January 4, 1969;	33824
two to be elected in 1976, terms to begin January 4, 1977, and	33825
January 5, 1977, respectively; one to be elected in 1982, term to	33826
begin January 6, 1983; one to be elected in 1988, term to begin	33827
January 7, 1989; one to be elected in 1990, term to begin January	33828
2, 1991; and one to be elected in 1992, term to begin January 2,	33829
1993;	33830

In Mahoning county, seven judges; three to be elected in	33831
1954, terms to begin January 1, 1955, January 2, 1955, and	33832
February 9, 1955, respectively; one to be elected in 1956, term to	33833
begin January 1, 1957; one to be elected in 1952, term to begin	33834
January 1, 1953; one to be elected in 1968, term to begin January	33835
2, 1969; and one to be elected in 1990, term to begin July 1,	33836
1991;	33837

In Montgomery county, fifteen judges; three to be elected in	33838
1954, terms to begin January 1, 1955, January 2, 1955, and January	33839
3, 1955, respectively; four to be elected in 1952, terms to begin	33840
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	33841
respectively; one to be elected in 1964, term to begin January 3,	33842
1965; one to be elected in 1968, term to begin January 3, 1969;	33843
three to be elected in 1976, terms to begin on successive days	33844
beginning January 4, 1977, to January 6, 1977; two to be elected	33845
in 1990, terms to begin July 1, 1991, and July 2, 1991,	33846
respectively; and one to be elected in 1992, term to begin January	33847
1, 1993.	33848

In Stark county, eight judges; one to be elected in 1958,	33849
term to begin on January 2, 1959; two to be elected in 1954, terms	33850
to begin on January 1, 1955, and February 9, 1955, respectively;	33851
two to be elected in 1952, terms to begin January 1, 1953, and	33852
April 16, 1953, respectively; one to be elected in 1966, term to	33853
begin on January 4, 1967; and two to be elected in 1992, terms to	33854
begin January 1, 1993, and January 2, 1993, respectively;	33855

In Summit county, thirteen judges; four to be elected in	33856
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	33857
1955, and February 9, 1955, respectively; three to be elected in	33858
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	33859
1959, respectively; one to be elected in 1966, term to begin	33860
January 4, 1967; one to be elected in 1968, term to begin January	33861
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	33862
to be elected in 1992, term to begin January 6, 1993; and two to	33863
be elected in 2008, terms to begin January 5, 2009, and January 6,	33864
2009, respectively.	33865

Notwithstanding the foregoing provisions, in any county	33866
having two or more judges of the court of common pleas, in which	33867
more than one-third of the judges plus one were previously elected	33868
at the same election, if the office of one of those judges so	33869
elected becomes vacant more than forty days prior to the second	33870
general election preceding the expiration of that judge's term,	33871
the office that that judge had filled shall be abolished as of the	33872
date of the next general election, and a new office of judge of	33873
the court of common pleas shall be created. The judge who is to	33874
fill that new office shall be elected for a six-year term at the	33875
next general election, and the term of that judge shall commence	33876
on the first day of the year following that general election, on	33877
which day no other judge's term begins, so that the number of	33878
judges that the county shall elect shall not be reduced.	33879

Judges of the probate division of the court of common pleas	33880
are judges of the court of common pleas but shall be elected	33881
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	33882
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	33883
counties in which the judge of the court of common pleas elected	33884
pursuant to this section also shall serve as judge of the probate	33885
division, except in Lorain county in which the judges of the	33886
domestic relations division of the Lorain county court of common	33887
pleas elected pursuant to this section also shall perform the	33888
duties and functions of the judge of the probate division from	33889
February 9, 2009, through September 28, 2009, and except in	33890
Morrow county in which the judges of the court of common pleas	33891
elected pursuant to this section also shall perform the duties	33892
and functions of the judge of the probate division.	33893

Sec. 2301.03. (A) In Franklin county, the judges of the	33894
court of common pleas whose terms begin on January 1, 1953,	33895
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	33896
1997, and successors, shall have the same qualifications, exercise	33897
the same powers and jurisdiction, and receive the same	33898
compensation as other judges of the court of common pleas of	33899
Franklin county and shall be elected and designated as judges of	33900
the court of common pleas, division of domestic relations. They	33901
shall have all the powers relating to juvenile courts, and all	33902
cases under Chapters 2151. and 2152. of the Revised Code, all	33903
parentage proceedings under Chapter 3111. of the Revised Code over	33904
which the juvenile court has jurisdiction, and all divorce,	33905
dissolution of marriage, legal separation, and annulment cases	33906
shall be assigned to them. In addition to the judge's regular	33907
duties, the judge who is senior in point of service shall serve on	33908
the children services board and the county advisory board and	33909
shall be the administrator of the domestic relations division and	33910
its subdivisions and departments.	33911

(B) In Hamilton county:

33912

(1) The judge of the court of common pleas, whose term begins	33913
on January 1, 1957, and successors, and the judge of the court of	33914
common pleas, whose term begins on February 14, 1967, and	33915
successors, shall be the juvenile judges as provided in Chapters	33916
2151. and 2152. of the Revised Code, with the powers and	33917
jurisdiction conferred by those chapters.	33918

(2) The judges of the court of common pleas whose terms begin	33919
on January 5, 1957, January 16, 1981, and July 1, 1991, and	33920
successors, shall be elected and designated as judges of the court	33921
of common pleas, division of domestic relations, and shall have	33922
assigned to them all divorce, dissolution of marriage, legal	33923
separation, and annulment cases coming before the court. On or	33924
after the first day of July and before the first day of August of	33925
1991 and each year thereafter, a majority of the judges of the	33926
division of domestic relations shall elect one of the judges of	33927
the division as administrative judge of that division. If a	33928
majority of the judges of the division of domestic relations are	33929
unable for any reason to elect an administrative judge for the	33930
division before the first day of August, a majority of the judges	33931
of the Hamilton county court of common pleas, as soon as possible	33932
after that date, shall elect one of the judges of the division of	33933
domestic relations as administrative judge of that division. The	33934
term of the administrative judge shall begin on the earlier of the	33935
first day of August of the year in which the administrative judge	33936
is elected or the date on which the administrative judge is	33937
elected by a majority of the judges of the Hamilton county court	33938
of common pleas and shall terminate on the date on which the	33939
administrative judge's successor is elected in the following year.	33940

In addition to the judge's regular duties, the administrative	33941
judge of the division of domestic relations shall be the	33942
administrator of the domestic relations division and its	33943
subdivisions and departments and shall have charge of the	33944
employment, assignment, and supervision of the personnel of the	33945
division engaged in handling, servicing, or investigating divorce,	33946
dissolution of marriage, legal separation, and annulment cases,	33947
including any referees considered necessary by the judges in the	33948
discharge of their various duties.	33949

The administrative judge of the division of domestic	33950
relations also shall designate the title, compensation, expense	33951
allowances, hours, leaves of absence, and vacations of the	33952
personnel of the division, and shall fix the duties of its	33953
personnel. The duties of the personnel, in addition to those	33954
provided for in other sections of the Revised Code, shall include	33955
the handling, servicing, and investigation of divorce, dissolution	33956
of marriage, legal separation, and annulment cases and counseling	33957
and conciliation services that may be made available to persons	33958
requesting them, whether or not the persons are parties to an	33959
action pending in the division.	33960

The board of county commissioners shall appropriate the sum	33961
of money each year as will meet all the administrative expenses of	33962
the division of domestic relations, including reasonable expenses	33963
of the domestic relations judges and the division counselors and	33964
other employees designated to conduct the handling, servicing, and	33965
investigation of divorce, dissolution of marriage, legal	33966
separation, and annulment cases, conciliation and counseling, and	33967
all matters relating to those cases and counseling, and the	33968
expenses involved in the attendance of division personnel at	33969
domestic relations and welfare conferences designated by the	33970
division, and the further sum each year as will provide for the	33971
adequate operation of the division of domestic relations.	33972

The compensation and expenses of all employees and the salary	33973
and expenses of the judges shall be paid by the county treasurer	33974
from the money appropriated for the operation of the division,	33975
upon the warrant of the county auditor, certified to by the	33976
administrative judge of the division of domestic relations.	33977

The summonses, warrants, citations, subpoenas, and other	33978
writs of the division may issue to a bailiff, constable, or staff	33979
investigator of the division or to the sheriff of any county or	33980
any marshal, constable, or police officer, and the provisions of	33981
law relating to the subpoenaing of witnesses in other cases shall	33982
apply insofar as they are applicable. When a summons, warrant,	33983
citation, subpoena, or other writ is issued to an officer, other	33984
than a bailiff, constable, or staff investigator of the division,	33985
the expense of serving it shall be assessed as a part of the costs	33986
in the case involved.	33987

(3) The judge of the court of common pleas of Hamilton county	33988
whose term begins on January 3, 1997, and the successors to that	33989
judge shall each be elected and designated as the drug court	33990
judge of the court of common pleas of Hamilton county. The drug	33991
court judge may accept or reject any case referred to the drug	33992
court judge under division (B)(3) of this section. After the drug	33993
court judge accepts a referred case, the drug court judge has	33994
full authority over the case, including the authority to conduct	33995
arraignment, accept pleas, enter findings and dispositions,	33996
conduct trials, order treatment, and if treatment is not	33997
successfully completed pronounce and enter sentence.	33998

A judge of the general division of the court of common pleas	33999
of Hamilton county and a judge of the Hamilton county municipal	34000
court may refer to the drug court judge any case, and any	34001
companion cases, the judge determines meet the criteria described	34002
under divisions (B)(3)(a) and (b) of this section. If the drug	34003
court judge accepts referral of a referred case, the case, and any	34004
companion cases, shall be transferred to the drug court judge. A	34005
judge may refer a case meeting the criteria described in divisions	34006
(B)(3)(a) and (b) of this section that involves a violation of a	34007
condition of a community control sanction to the drug court judge,	34008
and, if the drug court judge accepts the referral, the referring	34009
judge and the drug court judge have concurrent jurisdiction over	34010
the case.	34011

A judge of the general division of the court of common pleas	34012
of Hamilton county and a judge of the Hamilton county municipal	34013
court may refer a case to the drug court judge under division	34014
(B)(3) of this section if the judge determines that both of the	34015
following apply:	34016

(a) One of the following applies:

34017

(i) The case involves a drug abuse offense, as defined in	34018
section 2925.01 of the Revised Code, that is a felony of the third	34019
or fourth degree if the offense is committed prior to July 1,	34020
1996, a felony of the third, fourth, or fifth degree if the	34021
offense is committed on or after July 1, 1996, or a misdemeanor.	34022

(ii) The case involves a theft offense, as defined in section	34023
2913.01 of the Revised Code, that is a felony of the third or	34024
fourth degree if the offense is committed prior to July 1, 1996, a	34025
felony of the third, fourth, or fifth degree if the offense is	34026
committed on or after July 1, 1996, or a misdemeanor, and the	34027
defendant is drug or alcohol dependent or in danger of becoming	34028
drug or alcohol dependent and would benefit from treatment.	34029

(b) All of the following apply:

34030

(i) The case involves an offense for which a community	34031
control sanction may be imposed or is a case in which a mandatory	34032
prison term or a mandatory jail term is not required to be	34033
imposed.	34034

(ii) The defendant has no history of violent behavior.

34035

(iii) The defendant has no history of mental illness.

34036

(iv) The defendant's current or past behavior, or both, is	34037
drug or alcohol driven.	34038

(v) The defendant demonstrates a sincere willingness to	34039
participate in a fifteen-month treatment process.	34040

(vi) The defendant has no acute health condition.

34041

(vii) If the defendant is incarcerated, the county prosecutor	34042
approves of the referral.	34043

(4) If the administrative judge of the court of common pleas	34044
of Hamilton county determines that the volume of cases pending	34045
before the drug court judge does not constitute a sufficient	34046
caseload for the drug court judge, the administrative judge, in	34047
accordance with the Rules of Superintendence for Courts of Common	34048
Pleas, shall assign individual cases to the drug court judge from	34049
the general docket of the court. If the assignments so occur, the	34050
administrative judge shall cease the assignments when the	34051
administrative judge determines that the volume of cases pending	34052
before the drug court judge constitutes a sufficient caseload for	34053
the drug court judge.	34054

(5) As used in division (B) of this section, "community	34055
control sanction," "mandatory prison term," and "mandatory jail	34056
term" have the same meanings as in section 2929.01 of the Revised	34057
Code.	34058

(C)(1) In Lorain county:

34059

(a) The judges of the court of common pleas whose terms begin	34060
on January 3, 1959, January 4, 1989, and January 2, 1999, ~~and~~	34061
~~February 9, 2009,~~ and successors, and the judge of the court of	34062
common pleas whose term begins on February 9, 2009, shall have the	34063
same qualifications, exercise the same powers and jurisdiction,	34064
and receive the same compensation as the other judges of the court	34065
of common pleas of Lorain county and shall be elected and	34066
designated as the judges of the court of common pleas, division of	34067
domestic relations. ~~They~~The judges of the court of common pleas	34068
whose terms begin on January 3, 1959, January 4, 1989, and January	34069
2, 1999, and successors, shall have all of the powers relating to	34070
juvenile courts, and all cases under Chapters 2151. and 2152. of	34071
the Revised Code, all parentage proceedings over which the	34072
juvenile court has jurisdiction, and all divorce, dissolution of	34073
marriage, legal separation, and annulment cases shall be assigned	34074
to them, except cases that for some special reason are assigned to	34075
some other judge of the court of common pleas. From February 9,	34076
2009, through September 28, 2009, the judge of the court of common	34077
pleas whose term begins on February 9, 2009, shall have all the	34078
powers relating to juvenile courts, and cases under Chapters 2151.	34079
and 2152. of the Revised Code, parentage proceedings over which	34080
the juvenile court has jurisdiction, and divorce, dissolution of	34081
marriage, legal separation, and annulment cases shall be assigned	34082
to that judge, except cases that for some special reason are	34083
assigned to some other judge of the court of common pleas.	34084

(b) ~~On and after~~From January 1, 2006, through September 28,	34085
2009, the judges of the court of common pleas, division of	34086
domestic relations, in addition to the powers and jurisdiction	34087
set forth in division (C)(1)(a) of this section, shall have	34088
jurisdiction over matters that are within the jurisdiction of the	34089
probate court under Chapter 2101. and other provisions of the	34090
Revised Code. ~~From January 1, 2006, through February 8, 2009, the~~	34091
~~judges of the court of common pleas, division of domestic~~	34092
~~relations, shall exercise probate jurisdiction concurrently with~~	34093
~~the probate judge.~~	34094

(c) The judge of the court of common pleas, division of	34095
domestic relations, whose term begins on February 9, 2009, is the	34096
successor to the probate judge who was elected in 2002 for a term	34097
that began on February 9, 2003. After September 28, 2009, the	34098
judge of the court of common pleas, division of domestic	34099
relations, whose term begins on February 9, 2009, shall be the	34100
probate judge.	34101

(2)(a) ~~From January 1, 2006, through February 8, 2009, with~~	34102
~~respect to Lorain county, all references in law to the probate~~	34103
~~court shall be construed as references to both the probate court~~	34104
~~and the court of common pleas, division of domestic relations, and~~	34105
~~all references in law to the probate judge shall be construed as~~	34106
~~references to both the probate judge and the judges of the court~~	34107
~~of common pleas, division of domestic relations. On and after~~From	34108
February 9, 2009, through September 28, 2009, with respect to	34109
Lorain county, all references in law to the probate court shall	34110
be construed as references to the court of common pleas,	34111
division of domestic relations, and all references to the	34112
probate judge shall be construed as references to the judges of	34113
the court of common pleas, division of domestic relations.	34114

(b) ~~On and after~~From February 9, 2009, through September 28,	34115
2009, with respect to Lorain county, all references in law to the	34116
clerk of the probate court shall be construed as references to	34117
the judge who is serving pursuant to Rule 4 of the Rules of	34118
Superintendence for the Courts of Ohio as the administrative	34119
judge of the court of common pleas, division of domestic	34120
relations.	34121

(D) In Lucas county:

34122

(1) The judges of the court of common pleas whose terms begin	34123
on January 1, 1955, and January 3, 1965, and successors, shall	34124
have the same qualifications, exercise the same powers and	34125
jurisdiction, and receive the same compensation as other judges of	34126
the court of common pleas of Lucas county and shall be elected and	34127
designated as judges of the court of common pleas, division of	34128
domestic relations. All divorce, dissolution of marriage, legal	34129
separation, and annulment cases shall be assigned to them.	34130

The judge of the division of domestic relations, senior in	34131
point of service, shall be considered as the presiding judge of	34132
the court of common pleas, division of domestic relations, and	34133
shall be charged exclusively with the assignment and division of	34134
the work of the division and the employment and supervision of all	34135
other personnel of the domestic relations division.	34136

(2) The judges of the court of common pleas whose terms begin	34137
on January 5, 1977, and January 2, 1991, and successors shall have	34138
the same qualifications, exercise the same powers and	34139
jurisdiction, and receive the same compensation as other judges of	34140
the court of common pleas of Lucas county, shall be elected and	34141
designated as judges of the court of common pleas, juvenile	34142
division, and shall be the juvenile judges as provided in Chapters	34143
2151. and 2152. of the Revised Code with the powers and	34144
jurisdictions conferred by those chapters. In addition to the	34145
judge's regular duties, the judge of the court of common pleas,	34146
juvenile division, senior in point of service, shall be the	34147
administrator of the juvenile division and its subdivisions and	34148
departments and shall have charge of the employment, assignment,	34149
and supervision of the personnel of the division engaged in	34150
handling, servicing, or investigating juvenile cases, including	34151
any referees considered necessary by the judges of the division in	34152
the discharge of their various duties.	34153

The judge of the court of common pleas, juvenile division,	34154
senior in point of service, also shall designate the title,	34155
compensation, expense allowance, hours, leaves of absence, and	34156
vacation of the personnel of the division and shall fix the duties	34157
of the personnel of the division. The duties of the personnel, in	34158
addition to other statutory duties include the handling,	34159
servicing, and investigation of juvenile cases and counseling and	34160
conciliation services that may be made available to persons	34161
requesting them, whether or not the persons are parties to an	34162
action pending in the division.	34163

(3) If one of the judges of the court of common pleas,	34164
division of domestic relations, or one of the judges of the	34165
juvenile division is sick, absent, or unable to perform that	34166
judge's judicial duties or the volume of cases pending in that	34167
judge's division necessitates it, the duties shall be performed by	34168
the judges of the other of those divisions.	34169

(E) In Mahoning county:

34170

(1) The judge of the court of common pleas whose term began	34171
on January 1, 1955, and successors, shall have the same	34172
qualifications, exercise the same powers and jurisdiction, and	34173
receive the same compensation as other judges of the court of	34174
common pleas of Mahoning county, shall be elected and designated	34175
as judge of the court of common pleas, division of domestic	34176
relations, and shall be assigned all the divorce, dissolution of	34177
marriage, legal separation, and annulment cases coming before the	34178
court. In addition to the judge's regular duties, the judge of the	34179
court of common pleas, division of domestic relations, shall be	34180
the administrator of the domestic relations division and its	34181
subdivisions and departments and shall have charge of the	34182
employment, assignment, and supervision of the personnel of the	34183
division engaged in handling, servicing, or investigating divorce,	34184
dissolution of marriage, legal separation, and annulment cases,	34185
including any referees considered necessary in the discharge of	34186
the various duties of the judge's office.	34187

The judge also shall designate the title, compensation,	34188
expense allowances, hours, leaves of absence, and vacations of the	34189
personnel of the division and shall fix the duties of the	34190
personnel of the division. The duties of the personnel, in	34191
addition to other statutory duties, include the handling,	34192
servicing, and investigation of divorce, dissolution of marriage,	34193
legal separation, and annulment cases and counseling and	34194
conciliation services that may be made available to persons	34195
requesting them, whether or not the persons are parties to an	34196
action pending in the division.	34197

(2) The judge of the court of common pleas whose term began	34198
on January 2, 1969, and successors, shall have the same	34199
qualifications, exercise the same powers and jurisdiction, and	34200
receive the same compensation as other judges of the court of	34201
common pleas of Mahoning county, shall be elected and designated	34202
as judge of the court of common pleas, juvenile division, and	34203
shall be the juvenile judge as provided in Chapters 2151. and	34204
2152. of the Revised Code, with the powers and jurisdictions	34205
conferred by those chapters. In addition to the judge's regular	34206
duties, the judge of the court of common pleas, juvenile division,	34207
shall be the administrator of the juvenile division and its	34208
subdivisions and departments and shall have charge of the	34209
employment, assignment, and supervision of the personnel of the	34210
division engaged in handling, servicing, or investigating juvenile	34211
cases, including any referees considered necessary by the judge in	34212
the discharge of the judge's various duties.	34213

The judge also shall designate the title, compensation,	34214
expense allowances, hours, leaves of absence, and vacation of the	34215
personnel of the division and shall fix the duties of the	34216
personnel of the division. The duties of the personnel, in	34217
addition to other statutory duties, include the handling,	34218
servicing, and investigation of juvenile cases and counseling and	34219
conciliation services that may be made available to persons	34220
requesting them, whether or not the persons are parties to an	34221
action pending in the division.	34222

(3) If a judge of the court of common pleas, division of	34223
domestic relations or juvenile division, is sick, absent, or	34224
unable to perform that judge's judicial duties, or the volume of	34225
cases pending in that judge's division necessitates it, that	34226
judge's duties shall be performed by another judge of the court of	34227
common pleas.	34228

(F) In Montgomery county:

34229

(1) The judges of the court of common pleas whose terms begin	34230
on January 2, 1953, and January 4, 1977, and successors, shall	34231
have the same qualifications, exercise the same powers and	34232
jurisdiction, and receive the same compensation as other judges of	34233
the court of common pleas of Montgomery county and shall be	34234
elected and designated as judges of the court of common pleas,	34235
division of domestic relations. These judges shall have assigned	34236
to them all divorce, dissolution of marriage, legal separation,	34237
and annulment cases.	34238

The judge of the division of domestic relations, senior in	34239
point of service, shall be charged exclusively with the assignment	34240
and division of the work of the division and shall have charge of	34241
the employment and supervision of the personnel of the division	34242
engaged in handling, servicing, or investigating divorce,	34243
dissolution of marriage, legal separation, and annulment cases,	34244
including any necessary referees, except those employees who may	34245
be appointed by the judge, junior in point of service, under this	34246
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	34247
Code. The judge of the division of domestic relations, senior in	34248
point of service, also shall designate the title, compensation,	34249
expense allowances, hours, leaves of absence, and vacation of the	34250
personnel of the division and shall fix their duties.	34251

(2) The judges of the court of common pleas whose terms begin	34252
on January 1, 1953, and January 1, 1993, and successors, shall	34253
have the same qualifications, exercise the same powers and	34254
jurisdiction, and receive the same compensation as other judges of	34255
the court of common pleas of Montgomery county, shall be elected	34256
and designated as judges of the court of common pleas, juvenile	34257
division, and shall be, and have the powers and jurisdiction of,	34258
the juvenile judge as provided in Chapters 2151. and 2152. of the	34259
Revised Code.	34260

In addition to the judge's regular duties, the judge of the	34261
court of common pleas, juvenile division, senior in point of	34262
service, shall be the administrator of the juvenile division and	34263
its subdivisions and departments and shall have charge of the	34264
employment, assignment, and supervision of the personnel of the	34265
juvenile division, including any necessary referees, who are	34266
engaged in handling, servicing, or investigating juvenile cases.	34267
The judge, senior in point of service, also shall designate the	34268
title, compensation, expense allowances, hours, leaves of absence,	34269
and vacation of the personnel of the division and shall fix their	34270
duties. The duties of the personnel, in addition to other	34271
statutory duties, shall include the handling, servicing, and	34272
investigation of juvenile cases and of any counseling and	34273
conciliation services that are available upon request to persons,	34274
whether or not they are parties to an action pending in the	34275
division.	34276

If one of the judges of the court of common pleas, division	34277
of domestic relations, or one of the judges of the court of common	34278
pleas, juvenile division, is sick, absent, or unable to perform	34279
that judge's duties or the volume of cases pending in that judge's	34280
division necessitates it, the duties of that judge may be	34281
performed by the judge or judges of the other of those divisions.	34282

(G) In Richland county:

34283

(1) The judge of the court of common pleas whose term begins	34284
on January 1, 1957, and successors, shall have the same	34285
qualifications, exercise the same powers and jurisdiction, and	34286
receive the same compensation as the other judges of the court of	34287
common pleas of Richland county and shall be elected and	34288
designated as judge of the court of common pleas, division of	34289
domestic relations. That judge shall be assigned and hear all	34290
divorce, dissolution of marriage, legal separation, and annulment	34291
cases, all domestic violence cases arising under section 3113.31	34292
of the Revised Code, and all post-decree proceedings arising from	34293
any case pertaining to any of those matters. The division of	34294
domestic relations has concurrent jurisdiction with the juvenile	34295
division of the court of common pleas of Richland county to	34296
determine the care, custody, or control of any child not a ward of	34297
another court of this state, and to hear and determine a request	34298
for an order for the support of any child if the request is not	34299
ancillary to an action for divorce, dissolution of marriage,	34300
annulment, or legal separation, a criminal or civil action	34301
involving an allegation of domestic violence, or an action for	34302
support brought under Chapter 3115. of the Revised Code. Except in	34303
cases that are subject to the exclusive original jurisdiction of	34304
the juvenile court, the judge of the division of domestic	34305
relations shall be assigned and hear all cases pertaining to	34306
paternity or parentage, the care, custody, or control of children,	34307
parenting time or visitation, child support, or the allocation of	34308
parental rights and responsibilities for the care of children, all	34309
proceedings arising under Chapter 3111. of the Revised Code, all	34310
proceedings arising under the uniform interstate family support	34311
act contained in Chapter 3115. of the Revised Code, and all	34312
post-decree proceedings arising from any case pertaining to any of	34313
those matters.	34314

In addition to the judge's regular duties, the judge of the	34315
court of common pleas, division of domestic relations, shall be	34316
the administrator of the domestic relations division and its	34317
subdivisions and departments. The judge shall have charge of the	34318
employment, assignment, and supervision of the personnel of the	34319
domestic relations division, including any magistrates the judge	34320
considers necessary for the discharge of the judge's duties. The	34321
judge shall also designate the title, compensation, expense	34322
allowances, hours, leaves of absence, vacation, and other	34323
employment-related matters of the personnel of the division and	34324
shall fix their duties.	34325

(2) The judge of the court of common pleas whose term begins	34326
on January 3, 2005, and successors, shall have the same	34327
qualifications, exercise the same powers and jurisdiction, and	34328
receive the same compensation as other judges of the court of	34329
common pleas of Richland county, shall be elected and designated	34330
as judge of the court of common pleas, juvenile division, and	34331
shall be, and have the powers and jurisdiction of, the juvenile	34332
judge as provided in Chapters 2151. and 2152. of the Revised Code.	34333
Except in cases that are subject to the exclusive original	34334
jurisdiction of the juvenile court, the judge of the juvenile	34335
division shall not have jurisdiction or the power to hear, and	34336
shall not be assigned, any case pertaining to paternity or	34337
parentage, the care, custody, or control of children, parenting	34338
time or visitation, child support, or the allocation of parental	34339
rights and responsibilities for the care of children or any	34340
post-decree proceeding arising from any case pertaining to any of	34341
those matters. The judge of the juvenile division shall not have	34342
jurisdiction or the power to hear, and shall not be assigned, any	34343
proceeding under the uniform interstate family support act	34344
contained in Chapter 3115. of the Revised Code.	34345

In addition to the judge's regular duties, the judge of the	34346
juvenile division shall be the administrator of the juvenile	34347
division and its subdivisions and departments. The judge shall	34348
have charge of the employment, assignment, and supervision of the	34349
personnel of the juvenile division who are engaged in handling,	34350
servicing, or investigating juvenile cases, including any	34351
magistrates whom the judge considers necessary for the discharge	34352
of the judge's various duties.	34353

The judge of the juvenile division also shall designate the	34354
title, compensation, expense allowances, hours, leaves of absence,	34355
and vacation of the personnel of the division and shall fix their	34356
duties. The duties of the personnel, in addition to other	34357
statutory duties, include the handling, servicing, and	34358
investigation of juvenile cases and providing any counseling,	34359
conciliation, and mediation services that the court makes	34360
available to persons, whether or not the persons are parties to an	34361
action pending in the court, who request the services.	34362

(H) In Stark county, the judges of the court of common pleas	34363
whose terms begin on January 1, 1953, January 2, 1959, and January	34364
1, 1993, and successors, shall have the same qualifications,	34365
exercise the same powers and jurisdiction, and receive the same	34366
compensation as other judges of the court of common pleas of Stark	34367
county and shall be elected and designated as judges of the court	34368
of common pleas, division of domestic relations. They shall have	34369
all the powers relating to juvenile courts, and all cases under	34370
Chapters 2151. and 2152. of the Revised Code, all parentage	34371
proceedings over which the juvenile court has jurisdiction, and	34372
all divorce, dissolution of marriage, legal separation, and	34373
annulment cases, except cases that are assigned to some other	34374
judge of the court of common pleas for some special reason, shall	34375
be assigned to the judges.	34376

The judge of the division of domestic relations, second most	34377
senior in point of service, shall have charge of the employment	34378
and supervision of the personnel of the division engaged in	34379
handling, servicing, or investigating divorce, dissolution of	34380
marriage, legal separation, and annulment cases, and necessary	34381
referees required for the judge's respective court.	34382

The judge of the division of domestic relations, senior in	34383
point of service, shall be charged exclusively with the	34384
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	34385
of the Revised Code and with the assignment and division of the	34386
work of the division and the employment and supervision of all	34387
other personnel of the division, including, but not limited to,	34388
that judge's necessary referees, but excepting those employees who	34389
may be appointed by the judge second most senior in point of	34390
service. The senior judge further shall serve in every other	34391
position in which the statutes permit or require a juvenile judge	34392
to serve.	34393

(I) In Summit county:

34394

(1) The judges of the court of common pleas whose terms begin	34395
on January 4, 1967, and January 6, 1993, and successors, shall	34396
have the same qualifications, exercise the same powers and	34397
jurisdiction, and receive the same compensation as other judges of	34398
the court of common pleas of Summit county and shall be elected	34399
and designated as judges of the court of common pleas, division of	34400
domestic relations. The judges of the division of domestic	34401
relations shall have assigned to them and hear all divorce,	34402
dissolution of marriage, legal separation, and annulment cases	34403
that come before the court. Except in cases that are subject to	34404
the exclusive original jurisdiction of the juvenile court, the	34405
judges of the division of domestic relations shall have assigned	34406
to them and hear all cases pertaining to paternity, custody,	34407
visitation, child support, or the allocation of parental rights	34408
and responsibilities for the care of children and all post-decree	34409
proceedings arising from any case pertaining to any of those	34410
matters. The judges of the division of domestic relations shall	34411
have assigned to them and hear all proceedings under the uniform	34412
interstate family support act contained in Chapter 3115. of the	34413
Revised Code.	34414

The judge of the division of domestic relations, senior in	34415
point of service, shall be the administrator of the domestic	34416
relations division and its subdivisions and departments and shall	34417
have charge of the employment, assignment, and supervision of the	34418
personnel of the division, including any necessary referees, who	34419
are engaged in handling, servicing, or investigating divorce,	34420
dissolution of marriage, legal separation, and annulment cases.	34421
That judge also shall designate the title, compensation, expense	34422
allowances, hours, leaves of absence, and vacations of the	34423
personnel of the division and shall fix their duties. The duties	34424
of the personnel, in addition to other statutory duties, shall	34425
include the handling, servicing, and investigation of divorce,	34426
dissolution of marriage, legal separation, and annulment cases and	34427
of any counseling and conciliation services that are available	34428
upon request to all persons, whether or not they are parties to an	34429
action pending in the division.	34430

(2) The judge of the court of common pleas whose term begins	34431
on January 1, 1955, and successors, shall have the same	34432
qualifications, exercise the same powers and jurisdiction, and	34433
receive the same compensation as other judges of the court of	34434
common pleas of Summit county, shall be elected and designated as	34435
judge of the court of common pleas, juvenile division, and shall	34436
be, and have the powers and jurisdiction of, the juvenile judge as	34437
provided in Chapters 2151. and 2152. of the Revised Code. Except	34438
in cases that are subject to the exclusive original jurisdiction	34439
of the juvenile court, the judge of the juvenile division shall	34440
not have jurisdiction or the power to hear, and shall not be	34441
assigned, any case pertaining to paternity, custody, visitation,	34442
child support, or the allocation of parental rights and	34443
responsibilities for the care of children or any post-decree	34444
proceeding arising from any case pertaining to any of those	34445
matters. The judge of the juvenile division shall not have	34446
jurisdiction or the power to hear, and shall not be assigned, any	34447
proceeding under the uniform interstate family support act	34448
contained in Chapter 3115. of the Revised Code.	34449

The juvenile judge shall be the administrator of the juvenile	34450
division and its subdivisions and departments and shall have	34451
charge of the employment, assignment, and supervision of the	34452
personnel of the juvenile division, including any necessary	34453
referees, who are engaged in handling, servicing, or investigating	34454
juvenile cases. The judge also shall designate the title,	34455
compensation, expense allowances, hours, leaves of absence, and	34456
vacation of the personnel of the division and shall fix their	34457
duties. The duties of the personnel, in addition to other	34458
statutory duties, shall include the handling, servicing, and	34459
investigation of juvenile cases and of any counseling and	34460
conciliation services that are available upon request to persons,	34461
whether or not they are parties to an action pending in the	34462
division.	34463

(J) In Trumbull county, the judges of the court of common	34464
pleas whose terms begin on January 1, 1953, and January 2, 1977,	34465
and successors, shall have the same qualifications, exercise the	34466
same powers and jurisdiction, and receive the same compensation as	34467
other judges of the court of common pleas of Trumbull county and	34468
shall be elected and designated as judges of the court of common	34469
pleas, division of domestic relations. They shall have all the	34470
powers relating to juvenile courts, and all cases under Chapters	34471
2151. and 2152. of the Revised Code, all parentage proceedings	34472
over which the juvenile court has jurisdiction, and all divorce,	34473
dissolution of marriage, legal separation, and annulment cases	34474
shall be assigned to them, except cases that for some special	34475
reason are assigned to some other judge of the court of common	34476
pleas.	34477

(K) In Butler county:

34478

(1) The judges of the court of common pleas whose terms begin	34479
on January 1, 1957, and January 4, 1993, and successors, shall	34480
have the same qualifications, exercise the same powers and	34481
jurisdiction, and receive the same compensation as other judges of	34482
the court of common pleas of Butler county and shall be elected	34483
and designated as judges of the court of common pleas, division of	34484
domestic relations. The judges of the division of domestic	34485
relations shall have assigned to them all divorce, dissolution of	34486
marriage, legal separation, and annulment cases coming before the	34487
court, except in cases that for some special reason are assigned	34488
to some other judge of the court of common pleas. The judge senior	34489
in point of service shall be charged with the assignment and	34490
division of the work of the division and with the employment and	34491
supervision of all other personnel of the domestic relations	34492
division.	34493

The judge senior in point of service also shall designate the	34494
title, compensation, expense allowances, hours, leaves of absence,	34495
and vacations of the personnel of the division and shall fix their	34496
duties. The duties of the personnel, in addition to other	34497
statutory duties, shall include the handling, servicing, and	34498
investigation of divorce, dissolution of marriage, legal	34499
separation, and annulment cases and providing any counseling and	34500
conciliation services that the division makes available to	34501
persons, whether or not the persons are parties to an action	34502
pending in the division, who request the services.	34503

(2) The judges of the court of common pleas whose terms begin	34504
on January 3, 1987, and January 2, 2003, and successors, shall	34505
have the same qualifications, exercise the same powers and	34506
jurisdiction, and receive the same compensation as other judges of	34507
the court of common pleas of Butler county, shall be elected and	34508
designated as judges of the court of common pleas, juvenile	34509
division, and shall be the juvenile judges as provided in Chapters	34510
2151. and 2152. of the Revised Code, with the powers and	34511
jurisdictions conferred by those chapters. The judge of the court	34512
of common pleas, juvenile division, who is senior in point of	34513
service, shall be the administrator of the juvenile division and	34514
its subdivisions and departments. The judge, senior in point of	34515
service, shall have charge of the employment, assignment, and	34516
supervision of the personnel of the juvenile division who are	34517
engaged in handling, servicing, or investigating juvenile cases,	34518
including any referees whom the judge considers necessary for the	34519
discharge of the judge's various duties.	34520

The judge, senior in point of service, also shall designate	34521
the title, compensation, expense allowances, hours, leaves of	34522
absence, and vacation of the personnel of the division and shall	34523
fix their duties. The duties of the personnel, in addition to	34524
other statutory duties, include the handling, servicing, and	34525
investigation of juvenile cases and providing any counseling and	34526
conciliation services that the division makes available to	34527
persons, whether or not the persons are parties to an action	34528
pending in the division, who request the services.	34529

(3) If a judge of the court of common pleas, division of	34530
domestic relations or juvenile division, is sick, absent, or	34531
unable to perform that judge's judicial duties or the volume of	34532
cases pending in the judge's division necessitates it, the duties	34533
of that judge shall be performed by the other judges of the	34534
domestic relations and juvenile divisions.	34535

(L)(1) In Cuyahoga county, the judges of the court of common	34536
pleas whose terms begin on January 8, 1961, January 9, 1961,	34537
January 18, 1975, January 19, 1975, and January 13, 1987, and	34538
successors, shall have the same qualifications, exercise the same	34539
powers and jurisdiction, and receive the same compensation as	34540
other judges of the court of common pleas of Cuyahoga county and	34541
shall be elected and designated as judges of the court of common	34542
pleas, division of domestic relations. They shall have all the	34543
powers relating to all divorce, dissolution of marriage, legal	34544
separation, and annulment cases, except in cases that are assigned	34545
to some other judge of the court of common pleas for some special	34546
reason.	34547

(2) The administrative judge is administrator of the domestic	34548
relations division and its subdivisions and departments and has	34549
the following powers concerning division personnel:	34550

(a) Full charge of the employment, assignment, and	34551
supervision;	34552

(b) Sole determination of compensation, duties, expenses,	34553
allowances, hours, leaves, and vacations.	34554

(3) "Division personnel" include persons employed or referees	34555
engaged in hearing, servicing, investigating, counseling, or	34556
conciliating divorce, dissolution of marriage, legal separation	34557
and annulment matters.	34558

(M) In Lake county:

34559

(1) The judge of the court of common pleas whose term begins	34560
on January 2, 1961, and successors, shall have the same	34561
qualifications, exercise the same powers and jurisdiction, and	34562
receive the same compensation as the other judges of the court of	34563
common pleas of Lake county and shall be elected and designated as	34564
judge of the court of common pleas, division of domestic	34565
relations. The judge shall be assigned all the divorce,	34566
dissolution of marriage, legal separation, and annulment cases	34567
coming before the court, except in cases that for some special	34568
reason are assigned to some other judge of the court of common	34569
pleas. The judge shall be charged with the assignment and division	34570
of the work of the division and with the employment and	34571
supervision of all other personnel of the domestic relations	34572
division.	34573

The judge also shall designate the title, compensation,	34574
expense allowances, hours, leaves of absence, and vacations of the	34575
personnel of the division and shall fix their duties. The duties	34576
of the personnel, in addition to other statutory duties, shall	34577
include the handling, servicing, and investigation of divorce,	34578
dissolution of marriage, legal separation, and annulment cases and	34579
providing any counseling and conciliation services that the	34580
division makes available to persons, whether or not the persons	34581
are parties to an action pending in the division, who request the	34582
services.	34583

(2) The judge of the court of common pleas whose term begins	34584
on January 4, 1979, and successors, shall have the same	34585
qualifications, exercise the same powers and jurisdiction, and	34586
receive the same compensation as other judges of the court of	34587
common pleas of Lake county, shall be elected and designated as	34588
judge of the court of common pleas, juvenile division, and shall	34589
be the juvenile judge as provided in Chapters 2151. and 2152. of	34590
the Revised Code, with the powers and jurisdictions conferred by	34591
those chapters. The judge of the court of common pleas, juvenile	34592
division, shall be the administrator of the juvenile division and	34593
its subdivisions and departments. The judge shall have charge of	34594
the employment, assignment, and supervision of the personnel of	34595
the juvenile division who are engaged in handling, servicing, or	34596
investigating juvenile cases, including any referees whom the	34597
judge considers necessary for the discharge of the judge's various	34598
duties.	34599

The judge also shall designate the title, compensation,	34600
expense allowances, hours, leaves of absence, and vacation of the	34601
personnel of the division and shall fix their duties. The duties	34602
of the personnel, in addition to other statutory duties, include	34603
the handling, servicing, and investigation of juvenile cases and	34604
providing any counseling and conciliation services that the	34605
division makes available to persons, whether or not the persons	34606
are parties to an action pending in the division, who request the	34607
services.	34608

(3) If a judge of the court of common pleas, division of	34609
domestic relations or juvenile division, is sick, absent, or	34610
unable to perform that judge's judicial duties or the volume of	34611
cases pending in the judge's division necessitates it, the duties	34612
of that judge shall be performed by the other judges of the	34613
domestic relations and juvenile divisions.	34614

(N) In Erie county:

34615

(1) The judge of the court of common pleas whose term begins	34616
on January 2, 1971, and the successors to that judge whose terms	34617
begin before January 2, 2007, shall have the same qualifications,	34618
exercise the same powers and jurisdiction, and receive the same	34619
compensation as the other judge of the court of common pleas of	34620
Erie county and shall be elected and designated as judge of the	34621
court of common pleas, division of domestic relations. The judge	34622
shall have all the powers relating to juvenile courts, and shall	34623
be assigned all cases under Chapters 2151. and 2152. of the	34624
Revised Code, parentage proceedings over which the juvenile court	34625
has jurisdiction, and divorce, dissolution of marriage, legal	34626
separation, and annulment cases, except cases that for some	34627
special reason are assigned to some other judge.	34628

On or after January 2, 2007, the judge of the court of common	34629
pleas who is elected in 2006 shall be the successor to the judge	34630
of the domestic relations division whose term expires on January	34631
1, 2007, shall be designated as judge of the court of common	34632
pleas, juvenile division, and shall be the juvenile judge as	34633
provided in Chapters 2151. and 2152. of the Revised Code with the	34634
powers and jurisdictions conferred by those chapters.	34635

(2) The judge of the court of common pleas, general division,	34636
whose term begins on January 1, 2005, and successors, the judge of	34637
the court of common pleas, general division whose term begins on	34638
January 2, 2005, and successors, and the judge of the court of	34639
common pleas, general division, whose term begins February 9,	34640
2009, and successors, shall have assigned to them, in addition to	34641
all matters that are within the jurisdiction of the general	34642
division of the court of common pleas, all divorce, dissolution of	34643
marriage, legal separation, and annulment cases coming before the	34644
court, and all matters that are within the jurisdiction of the	34645
probate court under Chapter 2101., and other provisions, of the	34646
Revised Code.	34647

(O) In Greene county:

34648

(1) The judge of the court of common pleas whose term begins	34649
on January 1, 1961, and successors, shall have the same	34650
qualifications, exercise the same powers and jurisdiction, and	34651
receive the same compensation as the other judges of the court of	34652
common pleas of Greene county and shall be elected and designated	34653
as the judge of the court of common pleas, division of domestic	34654
relations. The judge shall be assigned all divorce, dissolution of	34655
marriage, legal separation, annulment, uniform reciprocal support	34656
enforcement, and domestic violence cases and all other cases	34657
related to domestic relations, except cases that for some special	34658
reason are assigned to some other judge of the court of common	34659
pleas.	34660

The judge shall be charged with the assignment and division	34661
of the work of the division and with the employment and	34662
supervision of all other personnel of the division. The judge also	34663
shall designate the title, compensation, hours, leaves of absence,	34664
and vacations of the personnel of the division and shall fix their	34665
duties. The duties of the personnel of the division, in addition	34666
to other statutory duties, shall include the handling, servicing,	34667
and investigation of divorce, dissolution of marriage, legal	34668
separation, and annulment cases and the provision of counseling	34669
and conciliation services that the division considers necessary	34670
and makes available to persons who request the services, whether	34671
or not the persons are parties in an action pending in the	34672
division. The compensation for the personnel shall be paid from	34673
the overall court budget and shall be included in the	34674
appropriations for the existing judges of the general division of	34675
the court of common pleas.	34676

(2) The judge of the court of common pleas whose term begins	34677
on January 1, 1995, and successors, shall have the same	34678
qualifications, exercise the same powers and jurisdiction, and	34679
receive the same compensation as the other judges of the court of	34680
common pleas of Greene county, shall be elected and designated as	34681
judge of the court of common pleas, juvenile division, and, on or	34682
after January 1, 1995, shall be the juvenile judge as provided in	34683
Chapters 2151. and 2152. of the Revised Code with the powers and	34684
jurisdiction conferred by those chapters. The judge of the court	34685
of common pleas, juvenile division, shall be the administrator of	34686
the juvenile division and its subdivisions and departments. The	34687
judge shall have charge of the employment, assignment, and	34688
supervision of the personnel of the juvenile division who are	34689
engaged in handling, servicing, or investigating juvenile cases,	34690
including any referees whom the judge considers necessary for the	34691
discharge of the judge's various duties.	34692

The judge also shall designate the title, compensation,	34693
expense allowances, hours, leaves of absence, and vacation of the	34694
personnel of the division and shall fix their duties. The duties	34695
of the personnel, in addition to other statutory duties, include	34696
the handling, servicing, and investigation of juvenile cases and	34697
providing any counseling and conciliation services that the court	34698
makes available to persons, whether or not the persons are parties	34699
to an action pending in the court, who request the services.	34700

(3) If one of the judges of the court of common pleas,	34701
general division, is sick, absent, or unable to perform that	34702
judge's judicial duties or the volume of cases pending in the	34703
general division necessitates it, the duties of that judge of the	34704
general division shall be performed by the judge of the division	34705
of domestic relations and the judge of the juvenile division.	34706

(P) In Portage county, the judge of the court of common	34707
pleas, whose term begins January 2, 1987, and successors, shall	34708
have the same qualifications, exercise the same powers and	34709
jurisdiction, and receive the same compensation as the other	34710
judges of the court of common pleas of Portage county and shall be	34711
elected and designated as judge of the court of common pleas,	34712
division of domestic relations. The judge shall be assigned all	34713
divorce, dissolution of marriage, legal separation, and annulment	34714
cases coming before the court, except in cases that for some	34715
special reason are assigned to some other judge of the court of	34716
common pleas. The judge shall be charged with the assignment and	34717
division of the work of the division and with the employment and	34718
supervision of all other personnel of the domestic relations	34719
division.	34720

The judge also shall designate the title, compensation,	34721
expense allowances, hours, leaves of absence, and vacations of the	34722
personnel of the division and shall fix their duties. The duties	34723
of the personnel, in addition to other statutory duties, shall	34724
include the handling, servicing, and investigation of divorce,	34725
dissolution of marriage, legal separation, and annulment cases and	34726
providing any counseling and conciliation services that the	34727
division makes available to persons, whether or not the persons	34728
are parties to an action pending in the division, who request the	34729
services.	34730

(Q) In Clermont county, the judge of the court of common	34731
pleas, whose term begins January 2, 1987, and successors, shall	34732
have the same qualifications, exercise the same powers and	34733
jurisdiction, and receive the same compensation as the other	34734
judges of the court of common pleas of Clermont county and shall	34735
be elected and designated as judge of the court of common pleas,	34736
division of domestic relations. The judge shall be assigned all	34737
divorce, dissolution of marriage, legal separation, and annulment	34738
cases coming before the court, except in cases that for some	34739
special reason are assigned to some other judge of the court of	34740
common pleas. The judge shall be charged with the assignment and	34741
division of the work of the division and with the employment and	34742
supervision of all other personnel of the domestic relations	34743
division.	34744

The judge also shall designate the title, compensation,	34745
expense allowances, hours, leaves of absence, and vacations of the	34746
personnel of the division and shall fix their duties. The duties	34747
of the personnel, in addition to other statutory duties, shall	34748
include the handling, servicing, and investigation of divorce,	34749
dissolution of marriage, legal separation, and annulment cases and	34750
providing any counseling and conciliation services that the	34751
division makes available to persons, whether or not the persons	34752
are parties to an action pending in the division, who request the	34753
services.	34754

(R) In Warren county, the judge of the court of common pleas,	34755
whose term begins January 1, 1987, and successors, shall have the	34756
same qualifications, exercise the same powers and jurisdiction,	34757
and receive the same compensation as the other judges of the court	34758
of common pleas of Warren county and shall be elected and	34759
designated as judge of the court of common pleas, division of	34760
domestic relations. The judge shall be assigned all divorce,	34761
dissolution of marriage, legal separation, and annulment cases	34762
coming before the court, except in cases that for some special	34763
reason are assigned to some other judge of the court of common	34764
pleas. The judge shall be charged with the assignment and division	34765
of the work of the division and with the employment and	34766
supervision of all other personnel of the domestic relations	34767
division.	34768

The judge also shall designate the title, compensation,	34769
expense allowances, hours, leaves of absence, and vacations of the	34770
personnel of the division and shall fix their duties. The duties	34771
of the personnel, in addition to other statutory duties, shall	34772
include the handling, servicing, and investigation of divorce,	34773
dissolution of marriage, legal separation, and annulment cases and	34774
providing any counseling and conciliation services that the	34775
division makes available to persons, whether or not the persons	34776
are parties to an action pending in the division, who request the	34777
services.	34778

(S) In Licking county, the judges of the court of common	34779
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	34780
and successors, shall have the same qualifications, exercise the	34781
same powers and jurisdiction, and receive the same compensation as	34782
the other judges of the court of common pleas of Licking county	34783
and shall be elected and designated as judges of the court of	34784
common pleas, division of domestic relations. The judges shall be	34785
assigned all divorce, dissolution of marriage, legal separation,	34786
and annulment cases, all cases arising under Chapter 3111. of the	34787
Revised Code, all proceedings involving child support, the	34788
allocation of parental rights and responsibilities for the care of	34789
children and the designation for the children of a place of	34790
residence and legal custodian, parenting time, and visitation, and	34791
all post-decree proceedings and matters arising from those cases	34792
and proceedings, except in cases that for some special reason are	34793
assigned to another judge of the court of common pleas. The	34794
administrative judge of the division of domestic relations shall	34795
be charged with the assignment and division of the work of the	34796
division and with the employment and supervision of the personnel	34797
of the division.	34798

The administrative judge of the division of domestic	34799
relations shall designate the title, compensation, expense	34800
allowances, hours, leaves of absence, and vacations of the	34801
personnel of the division and shall fix the duties of the	34802
personnel of the division. The duties of the personnel of the	34803
division, in addition to other statutory duties, shall include the	34804
handling, servicing, and investigation of divorce, dissolution of	34805
marriage, legal separation, and annulment cases, cases arising	34806
under Chapter 3111. of the Revised Code, and proceedings involving	34807
child support, the allocation of parental rights and	34808
responsibilities for the care of children and the designation for	34809
the children of a place of residence and legal custodian,	34810
parenting time, and visitation and providing any counseling and	34811
conciliation services that the division makes available to	34812
persons, whether or not the persons are parties to an action	34813
pending in the division, who request the services.	34814

(T) In Allen county, the judge of the court of common pleas,	34815
whose term begins January 1, 1993, and successors, shall have the	34816
same qualifications, exercise the same powers and jurisdiction,	34817
and receive the same compensation as the other judges of the court	34818
of common pleas of Allen county and shall be elected and	34819
designated as judge of the court of common pleas, division of	34820
domestic relations. The judge shall be assigned all divorce,	34821
dissolution of marriage, legal separation, and annulment cases,	34822
all cases arising under Chapter 3111. of the Revised Code, all	34823
proceedings involving child support, the allocation of parental	34824
rights and responsibilities for the care of children and the	34825
designation for the children of a place of residence and legal	34826
custodian, parenting time, and visitation, and all post-decree	34827
proceedings and matters arising from those cases and proceedings,	34828
except in cases that for some special reason are assigned to	34829
another judge of the court of common pleas. The judge shall be	34830
charged with the assignment and division of the work of the	34831
division and with the employment and supervision of the personnel	34832
of the division.	34833

The judge shall designate the title, compensation, expense	34834
allowances, hours, leaves of absence, and vacations of the	34835
personnel of the division and shall fix the duties of the	34836
personnel of the division. The duties of the personnel of the	34837
division, in addition to other statutory duties, shall include the	34838
handling, servicing, and investigation of divorce, dissolution of	34839
marriage, legal separation, and annulment cases, cases arising	34840
under Chapter 3111. of the Revised Code, and proceedings involving	34841
child support, the allocation of parental rights and	34842
responsibilities for the care of children and the designation for	34843
the children of a place of residence and legal custodian,	34844
parenting time, and visitation, and providing any counseling and	34845
conciliation services that the division makes available to	34846
persons, whether or not the persons are parties to an action	34847
pending in the division, who request the services.	34848

(U) In Medina county, the judge of the court of common pleas	34849
whose term begins January 1, 1995, and successors, shall have the	34850
same qualifications, exercise the same powers and jurisdiction,	34851
and receive the same compensation as other judges of the court of	34852
common pleas of Medina county and shall be elected and designated	34853
as judge of the court of common pleas, division of domestic	34854
relations. The judge shall be assigned all divorce, dissolution of	34855
marriage, legal separation, and annulment cases, all cases arising	34856
under Chapter 3111. of the Revised Code, all proceedings involving	34857
child support, the allocation of parental rights and	34858
responsibilities for the care of children and the designation for	34859
the children of a place of residence and legal custodian,	34860
parenting time, and visitation, and all post-decree proceedings	34861
and matters arising from those cases and proceedings, except in	34862
cases that for some special reason are assigned to another judge	34863
of the court of common pleas. The judge shall be charged with the	34864
assignment and division of the work of the division and with the	34865
employment and supervision of the personnel of the division.	34866

The judge shall designate the title, compensation, expense	34867
allowances, hours, leaves of absence, and vacations of the	34868
personnel of the division and shall fix the duties of the	34869
personnel of the division. The duties of the personnel, in	34870
addition to other statutory duties, include the handling,	34871
servicing, and investigation of divorce, dissolution of marriage,	34872
legal separation, and annulment cases, cases arising under Chapter	34873
3111. of the Revised Code, and proceedings involving child	34874
support, the allocation of parental rights and responsibilities	34875
for the care of children and the designation for the children of a	34876
place of residence and legal custodian, parenting time, and	34877
visitation, and providing counseling and conciliation services	34878
that the division makes available to persons, whether or not the	34879
persons are parties to an action pending in the division, who	34880
request the services.	34881

(V) In Fairfield county, the judge of the court of common	34882
pleas whose term begins January 2, 1995, and successors, shall	34883
have the same qualifications, exercise the same powers and	34884
jurisdiction, and receive the same compensation as the other	34885
judges of the court of common pleas of Fairfield county and shall	34886
be elected and designated as judge of the court of common pleas,	34887
division of domestic relations. The judge shall be assigned all	34888
divorce, dissolution of marriage, legal separation, and annulment	34889
cases, all cases arising under Chapter 3111. of the Revised Code,	34890
all proceedings involving child support, the allocation of	34891
parental rights and responsibilities for the care of children and	34892
the designation for the children of a place of residence and legal	34893
custodian, parenting time, and visitation, and all post-decree	34894
proceedings and matters arising from those cases and proceedings,	34895
except in cases that for some special reason are assigned to	34896
another judge of the court of common pleas. The judge also has	34897
concurrent jurisdiction with the probate-juvenile division of the	34898
court of common pleas of Fairfield county with respect to and may	34899
hear cases to determine the custody of a child, as defined in	34900
section 2151.011 of the Revised Code, who is not the ward of	34901
another court of this state, cases that are commenced by a parent,	34902
guardian, or custodian of a child, as defined in section 2151.011	34903
of the Revised Code, to obtain an order requiring a parent of the	34904
child to pay child support for that child when the request for	34905
that order is not ancillary to an action for divorce, dissolution	34906
of marriage, annulment, or legal separation, a criminal or civil	34907
action involving an allegation of domestic violence, an action for	34908
support under Chapter 3115. of the Revised Code, or an action that	34909
is within the exclusive original jurisdiction of the	34910
probate-juvenile division of the court of common pleas of	34911
Fairfield county and that involves an allegation that the child is	34912
an abused, neglected, or dependent child, and post-decree	34913
proceedings and matters arising from those types of cases.	34914

The judge of the domestic relations division shall be charged	34915
with the assignment and division of the work of the division and	34916
with the employment and supervision of the personnel of the	34917
division.	34918

The judge shall designate the title, compensation, expense	34919
allowances, hours, leaves of absence, and vacations of the	34920
personnel of the division and shall fix the duties of the	34921
personnel of the division. The duties of the personnel of the	34922
division, in addition to other statutory duties, shall include the	34923
handling, servicing, and investigation of divorce, dissolution of	34924
marriage, legal separation, and annulment cases, cases arising	34925
under Chapter 3111. of the Revised Code, and proceedings involving	34926
child support, the allocation of parental rights and	34927
responsibilities for the care of children and the designation for	34928
the children of a place of residence and legal custodian,	34929
parenting time, and visitation, and providing any counseling and	34930
conciliation services that the division makes available to	34931
persons, regardless of whether the persons are parties to an	34932
action pending in the division, who request the services. When the	34933
judge hears a case to determine the custody of a child, as defined	34934
in section 2151.011 of the Revised Code, who is not the ward of	34935
another court of this state or a case that is commenced by a	34936
parent, guardian, or custodian of a child, as defined in section	34937
2151.011 of the Revised Code, to obtain an order requiring a	34938
parent of the child to pay child support for that child when the	34939
request for that order is not ancillary to an action for divorce,	34940
dissolution of marriage, annulment, or legal separation, a	34941
criminal or civil action involving an allegation of domestic	34942
violence, an action for support under Chapter 3115. of the Revised	34943
Code, or an action that is within the exclusive original	34944
jurisdiction of the probate-juvenile division of the court of	34945
common pleas of Fairfield county and that involves an allegation	34946
that the child is an abused, neglected, or dependent child, the	34947
duties of the personnel of the domestic relations division also	34948
include the handling, servicing, and investigation of those types	34949
of cases.	34950

(W)(1) In Clark county, the judge of the court of common	34951
pleas whose term begins on January 2, 1995, and successors, shall	34952
have the same qualifications, exercise the same powers and	34953
jurisdiction, and receive the same compensation as other judges of	34954
the court of common pleas of Clark county and shall be elected and	34955
designated as judge of the court of common pleas, domestic	34956
relations division. The judge shall have all the powers relating	34957
to juvenile courts, and all cases under Chapters 2151. and 2152.	34958
of the Revised Code and all parentage proceedings under Chapter	34959
3111. of the Revised Code over which the juvenile court has	34960
jurisdiction shall be assigned to the judge of the division of	34961
domestic relations. All divorce, dissolution of marriage, legal	34962
separation, annulment, uniform reciprocal support enforcement, and	34963
other cases related to domestic relations shall be assigned to the	34964
domestic relations division, and the presiding judge of the court	34965
of common pleas shall assign the cases to the judge of the	34966
domestic relations division and the judges of the general	34967
division.	34968

(2) In addition to the judge's regular duties, the judge of	34969
the division of domestic relations shall serve on the children	34970
services board and the county advisory board.	34971

(3) If the judge of the court of common pleas of Clark	34972
county, division of domestic relations, is sick, absent, or unable	34973
to perform that judge's judicial duties or if the presiding judge	34974
of the court of common pleas of Clark county determines that the	34975
volume of cases pending in the division of domestic relations	34976
necessitates it, the duties of the judge of the division of	34977
domestic relations shall be performed by the judges of the general	34978
division or probate division of the court of common pleas of Clark	34979
county, as assigned for that purpose by the presiding judge of	34980
that court, and the judges so assigned shall act in conjunction	34981
with the judge of the division of domestic relations of that	34982
court.	34983

(X) In Scioto county, the judge of the court of common pleas	34984
whose term begins January 2, 1995, and successors, shall have the	34985
same qualifications, exercise the same powers and jurisdiction,	34986
and receive the same compensation as other judges of the court of	34987
common pleas of Scioto county and shall be elected and designated	34988
as judge of the court of common pleas, division of domestic	34989
relations. The judge shall be assigned all divorce, dissolution of	34990
marriage, legal separation, and annulment cases, all cases arising	34991
under Chapter 3111. of the Revised Code, all proceedings involving	34992
child support, the allocation of parental rights and	34993
responsibilities for the care of children and the designation for	34994
the children of a place of residence and legal custodian,	34995
parenting time, visitation, and all post-decree proceedings and	34996
matters arising from those cases and proceedings, except in cases	34997
that for some special reason are assigned to another judge of the	34998
court of common pleas. The judge shall be charged with the	34999
assignment and division of the work of the division and with the	35000
employment and supervision of the personnel of the division.	35001

The judge shall designate the title, compensation, expense	35002
allowances, hours, leaves of absence, and vacations of the	35003
personnel of the division and shall fix the duties of the	35004
personnel of the division. The duties of the personnel, in	35005
addition to other statutory duties, include the handling,	35006
servicing, and investigation of divorce, dissolution of marriage,	35007
legal separation, and annulment cases, cases arising under Chapter	35008
3111. of the Revised Code, and proceedings involving child	35009
support, the allocation of parental rights and responsibilities	35010
for the care of children and the designation for the children of a	35011
place of residence and legal custodian, parenting time, and	35012
visitation, and providing counseling and conciliation services	35013
that the division makes available to persons, whether or not the	35014
persons are parties to an action pending in the division, who	35015
request the services.	35016

(Y) In Auglaize county, the judge of the probate and juvenile	35017
divisions of the Auglaize county court of common pleas also shall	35018
be the administrative judge of the domestic relations division of	35019
the court and shall be assigned all divorce, dissolution of	35020
marriage, legal separation, and annulment cases coming before the	35021
court. The judge shall have all powers as administrator of the	35022
domestic relations division and shall have charge of the personnel	35023
engaged in handling, servicing, or investigating divorce,	35024
dissolution of marriage, legal separation, and annulment cases,	35025
including any referees considered necessary for the discharge of	35026
the judge's various duties.	35027

(Z)(1) In Marion county, the judge of the court of common	35028
pleas whose term begins on February 9, 1999, and the successors to	35029
that judge, shall have the same qualifications, exercise the same	35030
powers and jurisdiction, and receive the same compensation as the	35031
other judges of the court of common pleas of Marion county and	35032
shall be elected and designated as judge of the court of common	35033
pleas, domestic relations-juvenile-probate division. Except as	35034
otherwise specified in this division, that judge, and the	35035
successors to that judge, shall have all the powers relating to	35036
juvenile courts, and all cases under Chapters 2151. and 2152. of	35037
the Revised Code, all cases arising under Chapter 3111. of the	35038
Revised Code, all divorce, dissolution of marriage, legal	35039
separation, and annulment cases, all proceedings involving child	35040
support, the allocation of parental rights and responsibilities	35041
for the care of children and the designation for the children of a	35042
place of residence and legal custodian, parenting time, and	35043
visitation, and all post-decree proceedings and matters arising	35044
from those cases and proceedings shall be assigned to that judge	35045
and the successors to that judge. Except as provided in division	35046
(Z)(2) of this section and notwithstanding any other provision of	35047
any section of the Revised Code, on and after February 9, 2003,	35048
the judge of the court of common pleas of Marion county whose term	35049
begins on February 9, 1999, and the successors to that judge,	35050
shall have all the powers relating to the probate division of the	35051
court of common pleas of Marion county in addition to the powers	35052
previously specified in this division, and shall exercise	35053
concurrent jurisdiction with the judge of the probate division of	35054
that court over all matters that are within the jurisdiction of	35055
the probate division of that court under Chapter 2101., and other	35056
provisions, of the Revised Code in addition to the jurisdiction of	35057
the domestic relations-juvenile-probate division of that court	35058
otherwise specified in division (Z)(1) of this section.	35059

(2) The judge of the domestic relations-juvenile-probate	35060
division of the court of common pleas of Marion county or the	35061
judge of the probate division of the court of common pleas of	35062
Marion county, whichever of those judges is senior in total length	35063
of service on the court of common pleas of Marion county,	35064
regardless of the division or divisions of service, shall serve as	35065
the clerk of the probate division of the court of common pleas of	35066
Marion county.	35067

(3) On and after February 9, 2003, all references in law to	35068
"the probate court," "the probate judge," "the juvenile court," or	35069
"the judge of the juvenile court" shall be construed, with respect	35070
to Marion county, as being references to both "the probate	35071
division" and "the domestic relations-juvenile-probate division"	35072
and as being references to both "the judge of the probate	35073
division" and "the judge of the domestic relations-	35074
juvenile-probate division." On and after February 9, 2003, all	35075
references in law to "the clerk of the probate court" shall be	35076
construed, with respect to Marion county, as being references to	35077
the judge who is serving pursuant to division (Z)(2) of this	35078
section as the clerk of the probate division of the court of	35079
common pleas of Marion county.	35080

(AA) In Muskingum county, the judge of the court of common	35081
pleas whose term begins on January 2, 2003, and successors, shall	35082
have the same qualifications, exercise the same powers and	35083
jurisdiction, and receive the same compensation as the other	35084
judges of the court of common pleas of Muskingum county and shall	35085
be elected and designated as the judge of the court of common	35086
pleas, division of domestic relations. The judge shall be assigned	35087
all divorce, dissolution of marriage, legal separation, and	35088
annulment cases, all cases arising under Chapter 3111. of the	35089
Revised Code, all proceedings involving child support, the	35090
allocation of parental rights and responsibilities for the care of	35091
children and the designation for the children of a place of	35092
residence and legal custodian, parenting time, and visitation, and	35093
all post-decree proceedings and matters arising from those cases	35094
and proceedings, except in cases that for some special reason are	35095
assigned to another judge of the court of common pleas. The judge	35096
shall be charged with the assignment and division of the work of	35097
the division and with the employment and supervision of the	35098
personnel of the division.	35099

The judge shall designate the title, compensation, expense	35100
allowances, hours, leaves of absence, and vacations of the	35101
personnel of the division and shall fix the duties of the	35102
personnel of the division. The duties of the personnel of the	35103
division, in addition to other statutory duties, shall include the	35104
handling, servicing, and investigation of divorce, dissolution of	35105
marriage, legal separation, and annulment cases, cases arising	35106
under Chapter 3111. of the Revised Code, and proceedings involving	35107
child support, the allocation of parental rights and	35108
responsibilities for the care of children and the designation for	35109
the children of a place of residence and legal custodian,	35110
parenting time, and visitation and providing any counseling and	35111
conciliation services that the division makes available to	35112
persons, whether or not the persons are parties to an action	35113
pending in the division, who request the services.	35114

(BB) In Henry county, the judge of the court of common pleas	35115
whose term begins on January 1, 2005, and successors, shall have	35116
the same qualifications, exercise the same powers and	35117
jurisdiction, and receive the same compensation as the other judge	35118
of the court of common pleas of Henry county and shall be elected	35119
and designated as the judge of the court of common pleas, division	35120
of domestic relations. The judge shall have all of the powers	35121
relating to juvenile courts, and all cases under Chapter 2151. or	35122
2152. of the Revised Code, all parentage proceedings arising under	35123
Chapter 3111. of the Revised Code over which the juvenile court	35124
has jurisdiction, all divorce, dissolution of marriage, legal	35125
separation, and annulment cases, all proceedings involving child	35126
support, the allocation of parental rights and responsibilities	35127
for the care of children and the designation for the children of a	35128
place of residence and legal custodian, parenting time, and	35129
visitation, and all post-decree proceedings and matters arising	35130
from those cases and proceedings shall be assigned to that judge,	35131
except in cases that for some special reason are assigned to the	35132
other judge of the court of common pleas.	35133

(CC)(1) In Logan county, the judge of the court of common	35134
pleas whose term begins January 2, 2005, and the successors to	35135
that judge, shall have the same qualifications, exercise the same	35136
powers and jurisdiction, and receive the same compensation as the	35137
other judges of the court of common pleas of Logan county and	35138
shall be elected and designated as judge of the court of common	35139
pleas, domestic relations-juvenile-probate division. Except as	35140
otherwise specified in this division, that judge, and the	35141
successors to that judge, shall have all the powers relating to	35142
juvenile courts, and all cases under Chapters 2151. and 2152. of	35143
the Revised Code, all cases arising under Chapter 3111. of the	35144
Revised Code, all divorce, dissolution of marriage, legal	35145
separation, and annulment cases, all proceedings involving child	35146
support, the allocation of parental rights and responsibilities	35147
for the care of children and designation for the children of a	35148
place of residence and legal custodian, parenting time, and	35149
visitation, and all post-decree proceedings and matters arising	35150
from those cases and proceedings shall be assigned to that judge	35151
and the successors to that judge. Notwithstanding any other	35152
provision of any section of the Revised Code, on and after January	35153
2, 2005, the judge of the court of common pleas of Logan county	35154
whose term begins on January 2, 2005, and the successors to that	35155
judge, shall have all the powers relating to the probate division	35156
of the court of common pleas of Logan county in addition to the	35157
powers previously specified in this division and shall exercise	35158
concurrent jurisdiction with the judge of the probate division of	35159
that court over all matters that are within the jurisdiction of	35160
the probate division of that court under Chapter 2101., and other	35161
provisions, of the Revised Code in addition to the jurisdiction of	35162
the domestic relations-juvenile-probate division of that court	35163
otherwise specified in division (CC)(1) of this section.	35164

(2) The judge of the domestic relations-juvenile-probate	35165
division of the court of common pleas of Logan county or the	35166
probate judge of the court of common pleas of Logan county who is	35167
elected as the administrative judge of the probate division of the	35168
court of common pleas of Logan county pursuant to Rule 4 of the	35169
Rules of Superintendence shall be the clerk of the probate	35170
division and juvenile division of the court of common pleas of	35171
Logan county. The clerk of the court of common pleas who is	35172
elected pursuant to section 2303.01 of the Revised Code shall keep	35173
all of the journals, records, books, papers, and files pertaining	35174
to the domestic relations cases.	35175

(3) On and after January 2, 2005, all references in law to	35176
"the probate court," "the probate judge," "the juvenile court," or	35177
"the judge of the juvenile court" shall be construed, with respect	35178
to Logan county, as being references to both "the probate	35179
division" and the "domestic relations-juvenile-probate division"	35180
and as being references to both "the judge of the probate	35181
division" and the "judge of the domestic	35182
relations-juvenile-probate division." On and after January 2,	35183
2005, all references in law to "the clerk of the probate court"	35184
shall be construed, with respect to Logan county, as being	35185
references to the judge who is serving pursuant to division	35186
(CC)(2) of this section as the clerk of the probate division of	35187
the court of common pleas of Logan county.	35188

(DD)(1) In Champaign county, the judge of the court of common	35189
pleas whose term begins February 9, 2003, and the judge of the	35190
court of common pleas whose term begins February 10, 2009, and the	35191
successors to those judges, shall have the same qualifications,	35192
exercise the same powers and jurisdiction, and receive the same	35193
compensation as the other judges of the court of common pleas of	35194
Champaign county and shall be elected and designated as judges of	35195
the court of common pleas, domestic relations-juvenile-probate	35196
division. Except as otherwise specified in this division, those	35197
judges, and the successors to those judges, shall have all the	35198
powers relating to juvenile courts, and all cases under Chapters	35199
2151. and 2152. of the Revised Code, all cases arising under	35200
Chapter 3111. of the Revised Code, all divorce, dissolution of	35201
marriage, legal separation, and annulment cases, all proceedings	35202
involving child support, the allocation of parental rights and	35203
responsibilities for the care of children and the designation for	35204
the children of a place of residence and legal custodian,	35205
parenting time, and visitation, and all post-decree proceedings	35206
and matters arising from those cases and proceedings shall be	35207
assigned to those judges and the successors to those judges.	35208
Notwithstanding any other provision of any section of the Revised	35209
Code, on and after February 9, 2009, the judges designated by this	35210
division as judges of the court of common pleas of Champaign	35211
county, domestic relations-juvenile-probate division, and the	35212
successors to those judges, shall have all the powers relating to	35213
probate courts in addition to the powers previously specified in	35214
this division and shall exercise jurisdiction over all matters	35215
that are within the jurisdiction of probate courts under Chapter	35216
2101., and other provisions, of the Revised Code in addition to	35217
the jurisdiction of the domestic relations-juvenile-probate	35218
division otherwise specified in division (DD)(1) of this section.	35219

(2) On and after February 9, 2009, all references in law to	35220
"the probate court," "the probate judge," "the juvenile court," or	35221
"the judge of the juvenile court" shall be construed with respect	35222
to Champaign county as being references to the "domestic	35223
relations-juvenile-probate division" and as being references to	35224
the "judge of the domestic relations-juvenile-probate division."	35225
On and after February 9, 2009, all references in law to "the clerk	35226
of the probate court" shall be construed with respect to Champaign	35227
county as being references to the judge who is serving pursuant to	35228
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	35229
the administrative judge of the court of common pleas, domestic	35230
relations-juvenile-probate division.	35231

(EE) If a judge of the court of common pleas, division of	35232
domestic relations, or juvenile judge, of any of the counties	35233
mentioned in this section is sick, absent, or unable to perform	35234
that judge's judicial duties or the volume of cases pending in the	35235
judge's division necessitates it, the duties of that judge shall	35236
be performed by another judge of the court of common pleas of that	35237
county, assigned for that purpose by the presiding judge of the	35238
court of common pleas of that county to act in place of or in	35239
conjunction with that judge, as the case may require.	35240

Sec. 2303.201. (A)(1) The court of common pleas of any	35241
county may determine that for the efficient operation of the court	35242
additional funds are required to computerize the court, to make	35243
available computerized legal research services, or to do both.	35244
Upon making a determination that additional funds are required for	35245
either or both of those purposes, the court shall authorize and	35246
direct the clerk of the court of common pleas to charge one	35247
additional fee, not to exceed three dollars, on the filing of each	35248
cause of action or appeal under divisions (A), (Q), and (U) of	35249
section 2303.20 of the Revised Code.	35250

(2) All fees collected under division (A)(1) of this section	35251
shall be paid to the county treasurer. The treasurer shall place	35252
the funds from the fees in a separate fund to be disbursed, upon	35253
an order of the court, in an amount not greater than the actual	35254
cost to the court of procuring and maintaining computerization of	35255
the court, computerized legal research services, or both.	35256

(3) If the court determines that the funds in the fund	35257
described in division (A)(2) of this section are more than	35258
sufficient to satisfy the purpose for which the additional fee	35259
described in division (A)(1) of this section was imposed, the	35260
court may declare a surplus in the fund and expend those surplus	35261
funds for other appropriate technological expenses of the court.	35262

(B)(1) The court of common pleas of any county may determine	35263
that, for the efficient operation of the court, additional funds	35264
are required to computerize the office of the clerk of the court	35265
of common pleas and, upon that determination, authorize and direct	35266
the clerk of the court of common pleas to charge an additional	35267
fee, not to exceed ten dollars, on the filing of each cause of	35268
action or appeal, on the filing, docketing, and endorsing of each	35269
certificate of judgment, or on the docketing and indexing of each	35270
aid in execution or petition to vacate, revive, or modify a	35271
judgment under divisions (A), (P), (Q), (T), and (U) of section	35272
2303.20 of the Revised Code. Subject to division (B)(2) of this	35273
section, all moneys collected under division (B)(1) of this	35274
section shall be paid to the county treasurer to be disbursed,	35275
upon an order of the court of common pleas and subject to	35276
appropriation by the board of county commissioners, in an amount	35277
no greater than the actual cost to the court of procuring and	35278
maintaining computer systems for the office of the clerk of the	35279
court of common pleas.	35280

(2) If the court of common pleas of a county makes the	35281
determination described in division (B)(1) of this section, the	35282
board of county commissioners of that county may issue one or more	35283
general obligation bonds for the purpose of procuring and	35284
maintaining the computer systems for the office of the clerk of	35285
the court of common pleas. In addition to the purposes stated in	35286
division (B)(1) of this section for which the moneys collected	35287
under that division may be expended, the moneys additionally may	35288
be expended to pay debt charges on and financing costs related to	35289
any general obligation bonds issued pursuant to division (B)(2) of	35290
this section as they become due. General obligation bonds issued	35291
pursuant to division (B)(2) of this section are Chapter 133.	35292
securities.	35293

(C) The court of common pleas shall collect the sum of	35294
~~twenty-six~~thirty-one dollars as additional filing fees in each	35295
new civil action or proceeding for the charitable public purpose	35296
of providing financial assistance to legal aid societies that	35297
operate within the state and to support the office of the state	35298
public defender. This division does not apply to a domestic	35299
relations division of a court of common pleas, except that the	35300
additional filing fee shall apply to proceedings concerning	35301
annulments, dissolutions of marriage, divorces, and legal	35302
separation~~, spousal support, marital property or separate property~~	35303
~~distribution, support, or other domestic relations matters~~; to a	35304
juvenile division of a court of common pleas; to a probate	35305
division of a court of common pleas, except that the additional	35306
filing fees shall apply to name change, guardianship, adoption,	35307
and decedents' estate proceedings; or to an execution on a	35308
judgment, proceeding in aid of execution, or other post-judgment	35309
proceeding arising out of a civil action. The filing fees required	35310
to be collected under this division shall be in addition to any	35311
other filing fees imposed in the action or proceeding and shall be	35312
collected at the time of the filing of the action or proceeding.	35313
The court shall not waive the payment of the additional filing	35314
fees in a new civil action or proceeding unless the court waives	35315
the advanced payment of all filing fees in the action or	35316
proceeding. All such moneys collected during a month except for an	35317
amount equal to up to one per cent of those moneys retained to	35318
cover administrative costs shall be transmitted on or before the	35319
twentieth day of the following month by the clerk of the court to	35320
the treasurer of state in a manner prescribed by the treasurer of	35321
state or by the Ohio legal assistance foundation. The treasurer of	35322
state shall deposit four per cent of the funds collected under	35323
this division to the credit of the civil case filing fee fund	35324
established under section 120.07 of the Revised Code and	35325
ninety-six per cent of the funds collected under this division to	35326
the credit of the legal aid fund established under section 120.52	35327
of the Revised Code.	35328

The court may retain up to one per cent of the moneys it	35329
collects under this division to cover administrative costs,	35330
including the hiring of any additional personnel necessary to	35331
implement this division. If the court fails to transmit to the	35332
treasurer of state the moneys the court collects under this	35333
division in a manner prescribed by the treasurer of state or by	35334
the Ohio legal assistance foundation, the court shall forfeit the	35335
moneys the court retains under this division to cover	35336
administrative costs, including the hiring of any additional	35337
personnel necessary to implement this division, and shall transmit	35338
to the treasurer of state all moneys collected under this	35339
division, including the forfeited amount retained for	35340
administrative costs, for deposit in the legal aid fund.	35341

(D) On and after the thirtieth day after December 9, 1994,	35342
the court of common pleas shall collect the sum of thirty-two	35343
dollars as additional filing fees in each new action or proceeding	35344
for annulment, divorce, or dissolution of marriage for the purpose	35345
of funding shelters for victims of domestic violence pursuant to	35346
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	35347
required to be collected under this division shall be in addition	35348
to any other filing fees imposed in the action or proceeding and	35349
shall be collected at the time of the filing of the action or	35350
proceeding. The court shall not waive the payment of the	35351
additional filing fees in a new action or proceeding for	35352
annulment, divorce, or dissolution of marriage unless the court	35353
waives the advanced payment of all filing fees in the action or	35354
proceeding. On or before the twentieth day of each month, all	35355
moneys collected during the immediately preceding month pursuant	35356
to this division shall be deposited by the clerk of the court into	35357
the county treasury in the special fund used for deposit of	35358
additional marriage license fees as described in section 3113.34	35359
of the Revised Code. Upon their deposit into the fund, the moneys	35360
shall be retained in the fund and expended only as described in	35361
section 3113.34 of the Revised Code.	35362

(E)(1) The court of common pleas may determine that, for the	35363
efficient operation of the court, additional funds are necessary	35364
to acquire and pay for special projects of the court, including,	35365
but not limited to, the acquisition of additional facilities or	35366
the rehabilitation of existing facilities, the acquisition of	35367
equipment, the hiring and training of staff, community service	35368
programs, mediation or dispute resolution services, the employment	35369
of magistrates, the training and education of judges, acting	35370
judges, and magistrates, and other related services. Upon that	35371
determination, the court by rule may charge a fee, in addition to	35372
all other court costs, on the filing of each criminal cause, civil	35373
action or proceeding, or judgment by confession.	35374

If the court of common pleas offers a special program or	35375
service in cases of a specific type, the court by rule may assess	35376
an additional charge in a case of that type, over and above court	35377
costs, to cover the special program or service. The court shall	35378
adjust the special assessment periodically, but not retroactively,	35379
so that the amount assessed in those cases does not exceed the	35380
actual cost of providing the service or program.	35381

All moneys collected under division (E) of this section shall	35382
be paid to the county treasurer for deposit into either a general	35383
special projects fund or a fund established for a specific special	35384
project. Moneys from a fund of that nature shall be disbursed upon	35385
an order of the court in an amount no greater than the actual cost	35386
to the court of a project. If a specific fund is terminated	35387
because of the discontinuance of a program or service established	35388
under division (E) of this section, the court may order that	35389
moneys remaining in the fund be transferred to an account	35390
established under this division for a similar purpose.	35391

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

35392

(a) "Criminal cause" means a charge alleging the violation of	35393
a statute or ordinance, or subsection of a statute or ordinance,	35394
that requires a separate finding of fact or a separate plea before	35395
disposition and of which the defendant may be found guilty,	35396
whether filed as part of a multiple charge on a single summons,	35397
citation, or complaint or as a separate charge on a single	35398
summons, citation, or complaint. "Criminal cause" does not include	35399
separate violations of the same statute or ordinance, or	35400
subsection of the same statute or ordinance, unless each charge is	35401
filed on a separate summons, citation, or complaint.	35402

(b) "Civil action or proceeding" means any civil litigation	35403
that must be determined by judgment entry.	35404

Sec. 2315.50. (A) This section applies to an action	35405
maintained as a class action in which the settlement agreement or	35406
judgment includes a monetary award, including compensatory or	35407
punitive and exemplary damages, restitution, or any other payment	35408
of money due from each defendant to the members of the class.	35409

(B) It is the policy of this state, insofar as it is not	35410
inconsistent with federal law, that all unpaid moneys remaining	35411
after the distribution to the members of the class of monetary	35412
awards in class actions described in division (A) of this section	35413
shall be used for the charitable public purpose of providing	35414
financial assistance to legal aid societies that operate within	35415
this state. Not later than the twentieth day of the month	35416
immediately following the month during which the amount of unpaid	35417
moneys, if any, remaining after that distribution of the monetary	35418
award in the class action is identified, each defendant from whom	35419
the unpaid moneys are due, in a manner and form prescribed in the	35420
rules established by the Ohio legal assistance foundation under	35421
section 120.52 of the Revised Code, shall do both of the	35422
following:	35423

(1) Remit the sum of the unpaid moneys to the treasurer of	35424
state for deposit in the legal aid fund established under section	35425
120.52 of the Revised Code;	35426

(2) Notify the Ohio legal assistance foundation of all of the	35427
following:	35428

(a) The amount of the sum of unpaid moneys remitted under	35429
division (B)(1) of this section;	35430

(b) The case name and case number of the class action and the	35431
court that approved the settlement agreement or rendered the	35432
judgment in the class action.	35433

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	35434
2317.41 of the Revised Code but subject to division (B) of this	35435
section, the records, or copies or photographs of the records, of	35436
a hospital, homes required to be licensed pursuant to section	35437
3721.01 of the Revised Code, and of adult care facilities required	35438
to be licensed pursuant to Chapter 3722. of the Revised Code, ~~and~~	35439
~~community alternative homes licensed pursuant to section 3724.03~~	35440
~~of the Revised Code,~~ in lieu of the testimony in open court of	35441
their custodian, person who made them, or person under whose	35442
supervision they were made, may be qualified as authentic evidence	35443
if any such person endorses thereon the person's verified	35444
certification identifying such records, giving the mode and time	35445
of their preparation, and stating that they were prepared in the	35446
usual course of the business of the institution. Such records,	35447
copies, or photographs may not be qualified by certification as	35448
provided in this section unless the party intending to offer them	35449
delivers a copy of them, or of their relevant portions, to the	35450
attorney of record for each adverse party not less than five days	35451
before trial. Nothing in this section shall be construed to limit	35452
the right of any party to call the custodian, person who made such	35453
records, or person under whose supervision they were made, as a	35454
witness.	35455

(B) Division (A) of this section does not apply to any	35456
certified copy of the results of any test given to determine the	35457
presence or concentration of alcohol, a drug of abuse, a	35458
combination of them, a controlled substance, or a metabolite of a	35459
controlled substance in a patient's whole blood, blood serum or	35460
plasma, breath, or urine at any time relevant to a criminal	35461
offense that is submitted in a criminal action or proceeding in	35462
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	35463
of the Revised Code.	35464

Sec. 2503.17. ~~(A) Except as provided in division (B) and~~	35465
~~subject to division (C) of this section, the~~The clerk of the	35466
supreme court shall charge and collect ~~forty~~one hundred dollars,	35467
as a filing fee, for each case entered upon the ~~minute book,~~	35468
~~including, but not limited to, original actions in the court,~~	35469
~~appeals filed as of right, and cases certified by the courts of~~	35470
~~appeals for review on the ground of conflict of decisions; and for~~	35471
~~each motion to certify the record of a court of appeals or for~~	35472
~~leave to file a notice of appeal in criminal cases~~docket. The	35473
filing fees so charged and collected shall be in full for	35474
~~docketing the cases or motions, making dockets from term to term,~~	35475
~~indexing and entering appearances, issuing process, filing papers,~~	35476
~~entering rules, motions, orders, continuances, decrees, and~~	35477
~~judgments, making lists of causes on the regular docket for~~	35478
~~publication each year, making and certifying orders, decrees, and~~	35479
~~judgments of the court to other tribunals, and the issuing of~~	35480
~~mandates. Except as provided in division (B) of this section, the~~	35481
each case filed in the supreme court under the Rules of Practice	35482
of the Supreme Court. The party invoking the action of the court	35483
shall pay the filing fee to the clerk before the case ~~or motion~~ is	35484
docketed, and it shall be taxed as costs and recovered from the	35485
other party if the party invoking the action of the court	35486
succeeds, unless the court otherwise directs.	35487

~~(B)(1) As used in this division, "prosecutor" has the same~~	35488
~~meaning as in section 2935.01 of the Revised Code.~~	35489

~~(2) The clerk of the supreme court shall not charge to and~~	35490
~~collect from a prosecutor the forty-dollar filing fee prescribed~~	35491
~~by division (A) of this section when all of the following~~	35492
~~circumstances apply:~~	35493

~~(a) In accordance with the Rules of Practice of the Supreme~~	35494
~~Court of Ohio, an indigent defendant in a criminal action or~~	35495
~~proceeding files in the appropriate court of appeals a notice of~~	35496
~~appeal within thirty days from the date of the entry of the~~	35497
~~judgment or final order that is the subject of the appeal.~~	35498

~~(b) The indigent defendant fails to file or offer for filing~~	35499
~~in the supreme court within thirty days from the date of the~~	35500
~~filing of the notice of appeal in the court of appeals, a copy of~~	35501
~~the notice of appeal supported by a memorandum in support of~~	35502
~~jurisdiction and other documentation and information as required~~	35503
~~by the Rules of Practice of the Supreme Court of Ohio.~~	35504

~~(c) The prosecutor or a representative of the prosecutor~~	35505
~~associated with the criminal action or proceeding files a motion~~	35506
~~to docket and dismiss the appeal of the indigent defendant for~~	35507
~~lack of prosecution as authorized by the Rules of Practice of the~~	35508
~~Supreme Court of Ohio.~~	35509

~~(d) The prosecutor states in the motion that the forty-dollar~~	35510
~~filing fee does not accompany the motion because of the~~	35511
~~applicability of this division, and the clerk of the supreme court~~	35512
~~determines that this division applies.~~No filing fee or security	35513
deposit shall be charged to an indigent party upon determination	35514
of indigency by the supreme court pursuant to the Rules of	35515
Practice of the Supreme Court.	35516

Sec. 2903.13. (A) No person shall knowingly cause or attempt	35517
to cause physical harm to another or to another's unborn.	35518

(B) No person shall recklessly cause serious physical harm to	35519
another or to another's unborn.	35520

(C) Whoever violates this section is guilty of assault, and	35521
the court shall sentence the offender as provided in this division	35522
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.	35523
Except as otherwise provided in division (C)(1), (2), (3), (4), or	35524
(5) of this section, assault is a misdemeanor of the first degree.	35525

(1) Except as otherwise provided in this division, if the	35526
offense is committed by a caretaker against a functionally	35527
impaired person under the caretaker's care, assault is a felony of	35528
the fourth degree. If the offense is committed by a caretaker	35529
against a functionally impaired person under the caretaker's care,	35530
if the offender previously has been convicted of or pleaded guilty	35531
to a violation of this section or section 2903.11 or 2903.16 of	35532
the Revised Code, and if in relation to the previous conviction	35533
the offender was a caretaker and the victim was a functionally	35534
impaired person under the offender's care, assault is a felony of	35535
the third degree.	35536

(2) If the offense is committed in any of the following	35537
circumstances, assault is a felony of the fifth degree:	35538

(a) The offense occurs in or on the grounds of a state	35539
correctional institution or an institution of the department of	35540
youth services, the victim of the offense is an employee of the	35541
department of rehabilitation and correction, the department of	35542
youth services, or a probation department or is on the premises of	35543
the particular institution for business purposes or as a visitor,	35544
and the offense is committed by a person incarcerated in the state	35545
correctional institution, by a person institutionalized in the	35546
department of youth services institution pursuant to a commitment	35547
to the department of youth services, by a parolee, by an offender	35548
under transitional control, under a community control sanction, or	35549
on an escorted visit, by a person under post-release control, or	35550
by an offender under any other type of supervision by a government	35551
agency.	35552

(b) The offense occurs in or on the grounds of a local	35553
correctional facility, the victim of the offense is an employee of	35554
the local correctional facility or a probation department or is on	35555
the premises of the facility for business purposes or as a	35556
visitor, and the offense is committed by a person who is under	35557
custody in the facility subsequent to the person's arrest for any	35558
crime or delinquent act, subsequent to the person's being charged	35559
with or convicted of any crime, or subsequent to the person's	35560
being alleged to be or adjudicated a delinquent child.	35561

(c) The offense occurs off the grounds of a state	35562
correctional institution and off the grounds of an institution of	35563
the department of youth services, the victim of the offense is an	35564
employee of the department of rehabilitation and correction, the	35565
department of youth services, or a probation department, the	35566
offense occurs during the employee's official work hours and while	35567
the employee is engaged in official work responsibilities, and the	35568
offense is committed by a person incarcerated in a state	35569
correctional institution or institutionalized in the department of	35570
youth services who temporarily is outside of the institution for	35571
any purpose, by a parolee, by an offender under transitional	35572
control, under a community control sanction, or on an escorted	35573
visit, by a person under post-release control, or by an offender	35574
under any other type of supervision by a government agency.	35575

(d) The offense occurs off the grounds of a local	35576
correctional facility, the victim of the offense is an employee of	35577
the local correctional facility or a probation department, the	35578
offense occurs during the employee's official work hours and while	35579
the employee is engaged in official work responsibilities, and the	35580
offense is committed by a person who is under custody in the	35581
facility subsequent to the person's arrest for any crime or	35582
delinquent act, subsequent to the person being charged with or	35583
convicted of any crime, or subsequent to the person being alleged	35584
to be or adjudicated a delinquent child and who temporarily is	35585
outside of the facility for any purpose or by a parolee, by an	35586
offender under transitional control, under a community control	35587
sanction, or on an escorted visit, by a person under post-release	35588
control, or by an offender under any other type of supervision by	35589
a government agency.	35590

(e) The victim of the offense is a school teacher or	35591
administrator or a school bus operator, and the offense occurs in	35592
a school, on school premises, in a school building, on a school	35593
bus, or while the victim is outside of school premises or a school	35594
bus and is engaged in duties or official responsibilities	35595
associated with the victim's employment or position as a school	35596
teacher or administrator or a school bus operator, including, but	35597
not limited to, driving, accompanying, or chaperoning students at	35598
or on class or field trips, athletic events, or other school	35599
extracurricular activities or functions outside of school	35600
premises.	35601

(3) If the victim of the offense is a peace officer or an	35602
investigator of the bureau of criminal identification and	35603
investigation, a firefighter, or a person performing emergency	35604
medical service, while in the performance of their official	35605
duties, assault is a felony of the fourth degree.	35606

(4) If the victim of the offense is a peace officer or an	35607
investigator of the bureau of criminal identification and	35608
investigation and if the victim suffered serious physical harm as	35609
a result of the commission of the offense, assault is a felony of	35610
the fourth degree, and the court, pursuant to division (F) of	35611
section 2929.13 of the Revised Code, shall impose as a mandatory	35612
prison term one of the prison terms prescribed for a felony of the	35613
fourth degree that is at least twelve months in duration.	35614

(5) If the victim of the offense is an officer or employee of	35615
a public children services agency or, a private child placing	35616
agency, or an adult protective services agency and the offense	35617
relates to the officer's or employee's performance or anticipated	35618
performance of official responsibilities or duties, assault is	35619
either a felony of the fifth degree or, if the offender previously	35620
has been convicted of or pleaded guilty to an offense of violence,	35621
the victim of that prior offense was an officer or employee of a	35622
public children services agency or, a private child placing	35623
agency, or an adult protective services agency, and that prior	35624
offense related to the officer's or employee's performance or	35625
anticipated performance of official responsibilities or duties, a	35626
felony of the fourth degree.	35627

(6) If an offender who is convicted of or pleads guilty to	35628
assault when it is a misdemeanor also is convicted of or pleads	35629
guilty to a specification as described in section 2941.1423 of the	35630
Revised Code that was included in the indictment, count in the	35631
indictment, or information charging the offense, the court shall	35632
sentence the offender to a mandatory jail term as provided in	35633
division (G) of section 2929.24 of the Revised Code.	35634

If an offender who is convicted of or pleads guilty to	35635
assault when it is a felony also is convicted of or pleads guilty	35636
to a specification as described in section 2941.1423 of the	35637
Revised Code that was included in the indictment, count in the	35638
indictment, or information charging the offense, except as	35639
otherwise provided in division (C)(4) of this section, the court	35640
shall sentence the offender to a mandatory prison term as	35641
provided in division (D)(8) of section 2929.14 of the Revised	35642
Code.	35643

(D) As used in this section:

35644

(1) "Peace officer" has the same meaning as in section	35645
2935.01 of the Revised Code.	35646

(2) "Firefighter" has the same meaning as in section 3937.41	35647
of the Revised Code.	35648

(3) "Emergency medical service" has the same meaning as in	35649
section 4765.01 of the Revised Code.	35650

(4) "Local correctional facility" means a county,	35651
multicounty, municipal, municipal-county, or multicounty-municipal	35652
jail or workhouse, a minimum security jail established under	35653
section 341.23 or 753.21 of the Revised Code, or another county,	35654
multicounty, municipal, municipal-county, or multicounty-municipal	35655
facility used for the custody of persons arrested for any crime or	35656
delinquent act, persons charged with or convicted of any crime, or	35657
persons alleged to be or adjudicated a delinquent child.	35658

(5) "Employee of a local correctional facility" means a	35659
person who is an employee of the political subdivision or of one	35660
or more of the affiliated political subdivisions that operates the	35661
local correctional facility and who operates or assists in the	35662
operation of the facility.	35663

(6) "School teacher or administrator" means either of the	35664
following:	35665

(a) A person who is employed in the public schools of the	35666
state under a contract described in section 3319.08 of the Revised	35667
Code in a position in which the person is required to have a	35668
certificate issued pursuant to sections 3319.22 to 3319.311 of the	35669
Revised Code.	35670

(b) A person who is employed by a nonpublic school for which	35671
the state board of education prescribes minimum standards under	35672
section 3301.07 of the Revised Code and who is certificated in	35673
accordance with section 3301.071 of the Revised Code.	35674

(7) "Community control sanction" has the same meaning as in	35675
section 2929.01 of the Revised Code.	35676

(8) "Escorted visit" means an escorted visit granted under	35677
section 2967.27 of the Revised Code.	35678

(9) "Post-release control" and "transitional control" have	35679
the same meanings as in section 2967.01 of the Revised Code.	35680

(10) "Investigator of the bureau of criminal identification	35681
and investigation" has the same meaning as in section 2903.11 of	35682
the Revised Code.	35683

Sec. 2903.21. (A) No person shall knowingly cause another to	35684
believe that the offender will cause serious physical harm to the	35685
person or property of the other person, the other person's unborn,	35686
or a member of the other person's immediate family.	35687

(B) Whoever violates this section is guilty of aggravated	35688
menacing. Except as otherwise provided in this division,	35689
aggravated menacing is a misdemeanor of the first degree. If the	35690
victim of the offense is an officer or employee of a public	35691
children services agency or, a private child placing agency, or an	35692
adult protective services agency and the offense relates to the	35693
officer's or employee's performance or anticipated performance of	35694
official responsibilities or duties, aggravated menacing is a	35695
felony of the fifth degree or, if the offender previously has been	35696
convicted of or pleaded guilty to an offense of violence, the	35697
victim of that prior offense was an officer or employee of a	35698
public children services agency or, a private child placing	35699
agency, or an adult protective services agency, and that prior	35700
offense related to the officer's or employee's performance or	35701
anticipated performance of official responsibilities or duties, a	35702
felony of the fourth degree.	35703

Sec. 2903.211. (A)(1) No person by engaging in a pattern of	35704
conduct shall knowingly cause another person to believe that the	35705
offender will cause physical harm to the other person or cause	35706
mental distress to the other person.	35707

(2) No person, through the use of any electronic method of	35708
remotely transferring information, including, but not limited to,	35709
any computer, computer network, computer program, or computer	35710
system, shall post a message with purpose to urge or incite	35711
another to commit a violation of division (A)(1) of this section.	35712

(3) No person, with a sexual motivation, shall violate	35713
division (A)(1) or (2) of this section.	35714

(B) Whoever violates this section is guilty of menacing by	35715
stalking.	35716

(1) Except as otherwise provided in divisions (B)(2) and (3)	35717
of this section, menacing by stalking is a misdemeanor of the	35718
first degree.	35719

(2) Menacing by stalking is a felony of the fourth degree if	35720
any of the following applies:	35721

(a) The offender previously has been convicted of or pleaded	35722
guilty to a violation of this section or a violation of section	35723
2911.211 of the Revised Code.	35724

(b) In committing the offense under division (A)(1), (2), or	35725
(3) of this section, the offender made a threat of physical harm	35726
to or against the victim, or as a result of an offense committed	35727
under division (A)(2) or (3) of this section, a third person	35728
induced by the offender's posted message made a threat of	35729
physical harm to or against the victim.	35730

(c) In committing the offense under division (A)(1), (2), or	35731
(3) of this section, the offender trespassed on the land or	35732
premises where the victim lives, is employed, or attends school,	35733
or as a result of an offense committed under division (A)(2) or	35734
(3) of this section, a third person induced by the offender's	35735
posted message trespassed on the land or premises where the victim	35736
lives, is employed, or attends school.	35737

(d) The victim of the offense is a minor.

35738

(e) The offender has a history of violence toward the victim	35739
or any other person or a history of other violent acts toward the	35740
victim or any other person.	35741

(f) While committing the offense under division (A)(1) of	35742
this section or a violation of division (A)(3) of this section	35743
based on conduct in violation of division (A)(1) of this section,	35744
the offender had a deadly weapon on or about the offender's person	35745
or under the offender's control. Division (B)(2)(f) of this	35746
section does not apply in determining the penalty for a violation	35747
of division (A)(2) of this section or a violation of division	35748
(A)(3) of this section based on conduct in violation of division	35749
(A)(2) of this section.	35750

(g) At the time of the commission of the offense, the	35751
offender was the subject of a protection order issued under	35752
section 2903.213 or 2903.214 of the Revised Code, regardless of	35753
whether the person to be protected under the order is the victim	35754
of the offense or another person.	35755

(h) In committing the offense under division (A)(1), (2), or	35756
(3) of this section, the offender caused serious physical harm to	35757
the premises at which the victim resides, to the real property on	35758
which that premises is located, or to any personal property	35759
located on that premises, or, as a result of an offense committed	35760
under division (A)(2) of this section or an offense committed	35761
under division (A)(3) of this section based on a violation of	35762
division (A)(2) of this section, a third person induced by the	35763
offender's posted message caused serious physical harm to that	35764
premises, that real property, or any personal property on that	35765
premises.	35766

(i) Prior to committing the offense, the offender had been	35767
determined to represent a substantial risk of physical harm to	35768
others as manifested by evidence of then-recent homicidal or other	35769
violent behavior, evidence of then-recent threats that placed	35770
another in reasonable fear of violent behavior and serious	35771
physical harm, or other evidence of then-present dangerousness.	35772

(3) If the victim of the offense is an officer or employee of	35773
a public children services agency or, a private child placing	35774
agency, or an adult protective services agency and the offense	35775
relates to the officer's or employee's performance or anticipated	35776
performance of official responsibilities or duties, menacing by	35777
stalking is either a felony of the fifth degree or, if the	35778
offender previously has been convicted of or pleaded guilty to an	35779
offense of violence, the victim of that prior offense was an	35780
officer or employee of a public children services agency or, a	35781
private child placing agency, or an adult protective services	35782
agency, and that prior offense related to the officer's or	35783
employee's performance or anticipated performance of official	35784
responsibilities or duties, a felony of the fourth degree.	35785

(C) Section 2919.271 of the Revised Code applies in relation	35786
to a defendant charged with a violation of this section.	35787

(D) As used in this section:

35788

(1) "Pattern of conduct" means two or more actions or	35789
incidents closely related in time, whether or not there has been a	35790
prior conviction based on any of those actions or incidents.	35791
Actions or incidents that prevent, obstruct, or delay the	35792
performance by a public official, firefighter, rescuer, emergency	35793
medical services person, or emergency facility person of any	35794
authorized act within the public official's, firefighter's,	35795
rescuer's, emergency medical services person's, or emergency	35796
facility person's official capacity, or the posting of messages or	35797
receipt of information or data through the use of an electronic	35798
method of remotely transferring information, including, but not	35799
limited to, a computer, computer network, computer program,	35800
computer system, or telecommunications device, may constitute a	35801
"pattern of conduct."	35802

(2) "Mental distress" means any of the following:

35803

(a) Any mental illness or condition that involves some	35804
temporary substantial incapacity;	35805

(b) Any mental illness or condition that would normally	35806
require psychiatric treatment, psychological treatment, or other	35807
mental health services, whether or not any person requested or	35808
received psychiatric treatment, psychological treatment, or other	35809
mental health services.	35810

(3) "Emergency medical services person" is the singular of	35811
"emergency medical services personnel" as defined in section	35812
2133.21 of the Revised Code.	35813

(4) "Emergency facility person" is the singular of "emergency	35814
facility personnel" as defined in section 2909.04 of the Revised	35815
Code.	35816

(5) "Public official" has the same meaning as in section	35817
2921.01 of the Revised Code.	35818

(6) "Computer," "computer network," "computer program,"	35819
"computer system," and "telecommunications device" have the same	35820
meanings as in section 2913.01 of the Revised Code.	35821

(7) "Post a message" means transferring, sending, posting,	35822
publishing, disseminating, or otherwise communicating, or	35823
attempting to transfer, send, post, publish, disseminate, or	35824
otherwise communicate, any message or information, whether	35825
truthful or untruthful, about an individual, and whether done	35826
under one's own name, under the name of another, or while	35827
impersonating another.	35828

(8) "Third person" means, in relation to conduct as described	35829
in division (A)(2) of this section, an individual who is neither	35830
the offender nor the victim of the conduct.	35831

(9) "Sexual motivation" has the same meaning as in section	35832
2971.01 of the Revised Code.	35833

(E) The state does not need to prove in a prosecution under	35834
this section that a person requested or received psychiatric	35835
treatment, psychological treatment, or other mental health	35836
services in order to show that the person was caused mental	35837
distress as described in division (D)(2)(b) of this section.	35838

(F)(1) This section does not apply to a person solely because	35839
the person provided access or connection to or from an electronic	35840
method of remotely transferring information not under that	35841
person's control, including having provided capabilities that are	35842
incidental to providing access or connection to or from the	35843
electronic method of remotely transferring the information, and	35844
that do not include the creation of the content of the material	35845
that is the subject of the access or connection. In addition, any	35846
person providing access or connection to or from an electronic	35847
method of remotely transferring information not under that	35848
person's control shall not be liable for any action voluntarily	35849
taken in good faith to block the receipt or transmission through	35850
its service of any information that it believes is, or will be	35851
sent, in violation of this section.	35852

(2) Division (F)(1) of this section does not create an	35853
affirmative duty for any person providing access or connection to	35854
or from an electronic method of remotely transferring information	35855
not under that person's control to block the receipt or	35856
transmission through its service of any information that it	35857
believes is, or will be sent, in violation of this section except	35858
as otherwise provided by law.	35859

(3) Division (F)(1) of this section does not apply to a	35860
person who conspires with a person actively involved in the	35861
creation or knowing distribution of material in violation of this	35862
section or who knowingly advertises the availability of material	35863
of that nature.	35864

Sec. 2903.22. (A) No person shall knowingly cause another to	35865
believe that the offender will cause physical harm to the person	35866
or property of the other person, the other person's unborn, or a	35867
member of the other person's immediate family.	35868

(B) Whoever violates this section is guilty of menacing.	35869
Except as otherwise provided in this division, menacing is a	35870
misdemeanor of the fourth degree. If the victim of the offense is	35871
an officer or employee of a public children services agency or, a	35872
private child placing agency, or an adult protective services	35873
agency and the offense relates to the officer's or employee's	35874
performance or anticipated performance of official	35875
responsibilities or duties, menacing is a misdemeanor of the first	35876
degree or, if the offender previously has been convicted of or	35877
pleaded guilty to an offense of violence, the victim of that prior	35878
offense was an officer or employee of a public children services	35879
agency or, a private child placing agency, or an adult protective	35880
services agency, and that prior offense related to the officer's	35881
or employee's performance or anticipated performance of official	35882
responsibilities or duties, a felony of the fourth degree.	35883

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	35884
Revised Code:	35885

(A) "Care facility" means any of the following:

35886

(1) Any "home" as defined in section 3721.10 or 5111.20 of	35887
the Revised Code;	35888

(2) Any "residential facility" as defined in section 5123.19	35889
of the Revised Code;	35890

(3) Any institution or facility operated or provided by the	35891
department of mental health or by the department of mental	35892
retardation and developmental disabilities pursuant to sections	35893
5119.02 and 5123.03 of the Revised Code;	35894

(4) Any "residential facility" as defined in section 5119.22	35895
of the Revised Code;	35896

(5) Any unit of any hospital, as defined in section 3701.01	35897
of the Revised Code, that provides the same services as a nursing	35898
home, as defined in section 3721.01 of the Revised Code;	35899

(6) Any institution, residence, or facility that provides,	35900
for a period of more than twenty-four hours, whether for a	35901
consideration or not, accommodations to one individual or two	35902
unrelated individuals who are dependent upon the services of	35903
others;	35904

(7) Any "adult care facility" as defined in section 3722.01	35905
of the Revised Code;	35906

(8) Any adult foster home certified by the department of	35907
aging or its designee under section 173.36 of the Revised Code;	35908

~~(9) Any "community alternative home" as defined in section~~	35909
~~3724.01 of the Revised Code~~.	35910

(B) "Abuse" means knowingly causing physical harm or	35911
recklessly causing serious physical harm to a person by physical	35912
contact with the person or by the inappropriate use of a physical	35913
or chemical restraint, medication, or isolation on the person.	35914

(C)(1) "Gross neglect" means knowingly failing to provide a	35915
person with any treatment, care, goods, or service that is	35916
necessary to maintain the health or safety of the person when the	35917
failure results in physical harm or serious physical harm to the	35918
person.	35919

(2) "Neglect" means recklessly failing to provide a person	35920
with any treatment, care, goods, or service that is necessary to	35921
maintain the health or safety of the person when the failure	35922
results in serious physical harm to the person.	35923

(D) "Inappropriate use of a physical or chemical restraint,	35924
medication, or isolation" means the use of physical or chemical	35925
restraint, medication, or isolation as punishment, for staff	35926
convenience, excessively, as a substitute for treatment, or in	35927
quantities that preclude habilitation and treatment.	35928

Sec. 2911.21. (A) No person, without privilege to do so,	35929
shall do any of the following:	35930

(1) Knowingly enter or remain on the land or premises of	35931
another;	35932

(2) Knowingly enter or remain on the land or premises of	35933
another, the use of which is lawfully restricted to certain	35934
persons, purposes, modes, or hours, when the offender knows the	35935
offender is in violation of any such restriction or is reckless in	35936
that regard;	35937

(3) Recklessly enter or remain on the land or premises of	35938
another, as to which notice against unauthorized access or	35939
presence is given by actual communication to the offender, or in a	35940
manner prescribed by law, or by posting in a manner reasonably	35941
calculated to come to the attention of potential intruders, or by	35942
fencing or other enclosure manifestly designed to restrict access;	35943

(4) Being on the land or premises of another, negligently	35944
fail or refuse to leave upon being notified by signage posted in a	35945
conspicuous place or otherwise being notified to do so by the	35946
owner or occupant, or the agent or servant of either.	35947

(B) It is no defense to a charge under this section that the	35948
land or premises involved was owned, controlled, or in custody of	35949
a public agency.	35950

(C) It is no defense to a charge under this section that the	35951
offender was authorized to enter or remain on the land or premises	35952
involved, when such authorization was secured by deception.	35953

(D)(1) Whoever violates this section is guilty of criminal	35954
trespass, a misdemeanor of the fourth degree.	35955

(2) Notwithstanding section 2929.28 of the Revised Code, if	35956
the person, in committing the violation of this section, used an	35957
a snowmobile, off-highway motorcycle, or all-purpose vehicle, the	35958
court shall impose a fine of two times the usual amount imposed	35959
for the violation.	35960

(3) If an offender previously has been convicted of or	35961
pleaded guilty to two or more violations of this section or a	35962
substantially equivalent municipal ordinance, and the offender, in	35963
committing each violation, used ana snowmobile, off-highway	35964
motorcycle, or all-purpose vehicle, the court, in addition to or	35965
independent of all other penalties imposed for the violation, may	35966
impound the certificate of registration of that snowmobile or	35967
off-highway motorcycle or the certificate of registration and	35968
license plate of that all-purpose vehicle for not less than sixty	35969
days. In such a case, section 4519.47 of the Revised Code applies.	35970

(E) Notwithstanding any provision of the Revised Code, if the	35971
offender, in committing the violation of this section, used an	35972
all-purpose vehicle, the clerk of the court shall pay the fine	35973
imposed pursuant to this section to the state recreational vehicle	35974
fund created by section 4519.11 of the Revised Code.	35975

(F) As used in this section:

35976

(1) "All-purpose vehicle," ~~has~~"off-highway motorcycle," and	35977
"snowmobile" have the same ~~meaning~~meanings as in section 4519.01	35978
of the Revised Code.	35979

(2) "Land or premises" includes any land, building,	35980
structure, or place belonging to, controlled by, or in custody of	35981
another, and any separate enclosure or room, or portion thereof.	35982

Sec. 2913.46. (A)(1) As used in this section:

35983

(a) "Electronically transferred benefit" means the transfer	35984
of ~~food stamp~~supplemental nutrition assistance program benefits	35985
or WIC program benefits through the use of an access device.	35986

(b) "WIC program benefits" includes money, coupons, delivery	35987
verification receipts, other documents, food, or other property	35988
received directly or indirectly pursuant to section 17 of the	35989
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	35990
amended.	35991

(c) "Access device" means any card, plate, code, account	35992
number, or other means of access that can be used, alone or in	35993
conjunction with another access device, to obtain payments,	35994
allotments, benefits, money, goods, or other things of value or	35995
that can be used to initiate a transfer of funds pursuant to	35996
section 5101.33 of the Revised Code and the "Food ~~Stamp~~and	35997
Nutrition Act of ~~1977," 91 Stat. 958,~~2008 (7 U.S.C.A. 2011 et	35998
seq.), or any supplemental food program administered by any	35999
department of this state or any county or local agency pursuant to	36000
section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42	36001
U.S.C.A. 1786, as amended. An "access device" may include any	36002
electronic debit card or other means authorized by section 5101.33	36003
of the Revised Code.	36004

~~(c)~~(d) "Aggregate value of ~~the food stamp coupons~~	36005
supplemental nutrition assistance program benefits, WIC program	36006
benefits, and electronically transferred benefits involved in the	36007
violation" means the total face value of any ~~food stamps~~	36008
supplemental nutrition assistance program benefits, plus the total	36009
face value of WIC program coupons or delivery verification	36010
receipts, plus the total value of other WIC program benefits, plus	36011
the total value of any electronically transferred benefit or other	36012
access device, involved in the violation.	36013

~~(d)~~(e) "Total value of any electronically transferred benefit	36014
or other access device" means the total value of the payments,	36015
allotments, benefits, money, goods, or other things of value that	36016
may be obtained, or the total value of funds that may be	36017
transferred, by use of any electronically transferred benefit or	36018
other access device at the time of violation.	36019

(2) If ~~food stamp coupons~~supplemental nutrition assistance	36020
program benefits, WIC program benefits, or electronically	36021
transferred benefits or other access devices of various values are	36022
used, transferred, bought, acquired, altered, purchased,	36023
possessed, presented for redemption, or transported in violation	36024
of this section over a period of twelve months, the course of	36025
conduct may be charged as one offense and the values of ~~food stamp~~	36026
~~coupons~~supplemental nutrition assistance program benefits, WIC	36027
program benefits, or any electronically transferred benefits or	36028
other access devices may be aggregated in determining the degree	36029
of the offense.	36030

(B) No individual shall knowingly possess, buy, sell, use,	36031
alter, accept, or transfer ~~food stamp coupons~~supplemental	36032
nutrition assistance program benefits, WIC program benefits, or	36033
any electronically transferred benefit in any manner not	36034
authorized by the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat.~~	36035
~~958,~~2008 (7 U.S.C.A. 2011~~, as amended,~~et seq.) or section 17 of	36036
the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786,	36037
as amended.	36038

(C) No organization, as defined in division (D) of section	36039
2901.23 of the Revised Code, shall do either of the following:	36040

(1) Knowingly allow an employee or agent to sell, transfer,	36041
or trade items or services, the purchase of which is prohibited by	36042
the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat. 958,~~2008 (7	36043
U.S.C.A. 2011~~, as amended,~~et seq. or section 17 of the "Child	36044
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	36045
amended, in exchange for ~~food stamp coupons~~supplemental nutrition	36046
assistance program benefits, WIC program benefits, or any	36047
electronically transferred benefit;	36048

(2) Negligently allow an employee or agent to sell, transfer,	36049
or exchange ~~food stamp coupons~~supplemental nutrition assistance	36050
program benefits, WIC program benefits, or any electronically	36051
transferred benefit for anything of value.	36052

(D) Whoever violates this section is guilty of illegal use of	36053
~~food stamps~~supplemental nutrition assistance program benefits or	36054
WIC program benefits. Except as otherwise provided in this	36055
division, illegal use of ~~food stamps~~supplemental nutrition	36056
assistance program benefits or WIC program benefits is a felony of	36057
the fifth degree. If the aggregate value of the ~~food stamp coupons~~	36058
supplemental nutrition assistance program benefits, WIC program	36059
benefits, and electronically transferred benefits involved in the	36060
violation is five hundred dollars or more and is less than five	36061
thousand dollars, illegal use of ~~food stamps~~supplemental	36062
nutrition assistance program benefits or WIC program benefits is	36063
a felony of the fourth degree. If the aggregate value of the	36064
~~food stamp coupons~~supplemental nutrition assistance program	36065
benefits, WIC program benefits, and electronically transferred	36066
benefits involved in the violation is five thousand dollars or	36067
more and is less than one hundred thousand dollars, illegal use	36068
of ~~food stamps~~supplemental nutrition assistance program	36069
benefits or WIC program benefits is a felony of the third	36070
degree. If the aggregate value of the ~~food stamp coupons~~	36071
supplemental nutrition assistance program benefits, WIC program	36072
benefits, and electronically transferred benefits involved in	36073
the violation is one hundred thousand dollars or more, illegal	36074
use of ~~food stamps~~supplemental nutrition assistance program	36075
benefits or WIC program benefits is a felony of the second	36076
degree.	36077

Sec. 2921.13. (A) No person shall knowingly make a false	36078
statement, or knowingly swear or affirm the truth of a false	36079
statement previously made, when any of the following applies:	36080

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

36081

(2) The statement is made with purpose to incriminate	36082
another.	36083

(3) The statement is made with purpose to mislead a public	36084
official in performing the public official's official function.	36085

(4) The statement is made with purpose to secure the payment	36086
of unemployment compensation; Ohio works first; prevention,	36087
retention, and contingency benefits and services; disability	36088
financial assistance; retirement benefits; economic development	36089
assistance, as defined in section 9.66 of the Revised Code; or	36090
other benefits administered by a governmental agency or paid out	36091
of a public treasury.	36092

(5) The statement is made with purpose to secure the issuance	36093
by a governmental agency of a license, permit, authorization,	36094
certificate, registration, release, or provider agreement.	36095

(6) The statement is sworn or affirmed before a notary public	36096
or another person empowered to administer oaths.	36097

(7) The statement is in writing on or in connection with a	36098
report or return that is required or authorized by law.	36099

(8) The statement is in writing and is made with purpose to	36100
induce another to extend credit to or employ the offender, to	36101
confer any degree, diploma, certificate of attainment, award of	36102
excellence, or honor on the offender, or to extend to or bestow	36103
upon the offender any other valuable benefit or distinction, when	36104
the person to whom the statement is directed relies upon it to	36105
that person's detriment.	36106

(9) The statement is made with purpose to commit or	36107
facilitate the commission of a theft offense.	36108

(10) The statement is knowingly made to a probate court in	36109
connection with any action, proceeding, or other matter within its	36110
jurisdiction, either orally or in a written document, including,	36111
but not limited to, an application, petition, complaint, or other	36112
pleading, or an inventory, account, or report.	36113

(11) The statement is made on an account, form, record,	36114
stamp, label, or other writing that is required by law.	36115

(12) The statement is made in connection with the purchase of	36116
a firearm, as defined in section 2923.11 of the Revised Code, and	36117
in conjunction with the furnishing to the seller of the firearm of	36118
a fictitious or altered driver's or commercial driver's license or	36119
permit, a fictitious or altered identification card, or any other	36120
document that contains false information about the purchaser's	36121
identity.	36122

(13) The statement is made in a document or instrument of	36123
writing that purports to be a judgment, lien, or claim of	36124
indebtedness and is filed or recorded with the secretary of state,	36125
a county recorder, or the clerk of a court of record.	36126

(14) ~~The statement is made with purpose to obtain an Ohio's~~	36127
~~best Rx program enrollment card under section 173.773 of the~~	36128
~~Revised Code or a payment under section 173.801 of the Revised~~	36129
~~Code.~~	36130

~~(15)~~ The statement is made in an application filed with a	36131
county sheriff pursuant to section 2923.125 of the Revised Code in	36132
order to obtain or renew a license to carry a concealed handgun or	36133
is made in an affidavit submitted to a county sheriff to obtain a	36134
temporary emergency license to carry a concealed handgun under	36135
section 2923.1213 of the Revised Code.	36136

~~(16)~~(15) The statement is required under section 5743.71 of	36137
the Revised Code in connection with the person's purchase of	36138
cigarettes or tobacco products in a delivery sale.	36139

(B) No person, in connection with the purchase of a firearm,	36140
as defined in section 2923.11 of the Revised Code, shall knowingly	36141
furnish to the seller of the firearm a fictitious or altered	36142
driver's or commercial driver's license or permit, a fictitious or	36143
altered identification card, or any other document that contains	36144
false information about the purchaser's identity.	36145

(C) No person, in an attempt to obtain a license to carry a	36146
concealed handgun under section 2923.125 of the Revised Code,	36147
shall knowingly present to a sheriff a fictitious or altered	36148
document that purports to be certification of the person's	36149
competence in handling a handgun as described in division (B)(3)	36150
of section 2923.125 of the Revised Code.	36151

(D) It is no defense to a charge under division (A)(6) of	36152
this section that the oath or affirmation was administered or	36153
taken in an irregular manner.	36154

(E) If contradictory statements relating to the same fact are	36155
made by the offender within the period of the statute of	36156
limitations for falsification, it is not necessary for the	36157
prosecution to prove which statement was false but only that one	36158
or the other was false.	36159

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	36160
(6), (7), (8), (10), (11), (13), ~~(14),~~ or ~~(16)~~(15) of this section	36161
is guilty of falsification, a misdemeanor of the first degree.	36162

(2) Whoever violates division (A)(9) of this section is	36163
guilty of falsification in a theft offense. Except as otherwise	36164
provided in this division, falsification in a theft offense is a	36165
misdemeanor of the first degree. If the value of the property or	36166
services stolen is five hundred dollars or more and is less than	36167
five thousand dollars, falsification in a theft offense is a	36168
felony of the fifth degree. If the value of the property or	36169
services stolen is five thousand dollars or more and is less than	36170
one hundred thousand dollars, falsification in a theft offense is	36171
a felony of the fourth degree. If the value of the property or	36172
services stolen is one hundred thousand dollars or more,	36173
falsification in a theft offense is a felony of the third degree.	36174

(3) Whoever violates division (A)(12) or (B) of this section	36175
is guilty of falsification to purchase a firearm, a felony of the	36176
fifth degree.	36177

(4) Whoever violates division (A)~~(15)~~(14) or (C) of this	36178
section is guilty of falsification to obtain a concealed handgun	36179
license, a felony of the fourth degree.	36180

(G) A person who violates this section is liable in a civil	36181
action to any person harmed by the violation for injury, death, or	36182
loss to person or property incurred as a result of the commission	36183
of the offense and for reasonable attorney's fees, court costs,	36184
and other expenses incurred as a result of prosecuting the civil	36185
action commenced under this division. A civil action under this	36186
division is not the exclusive remedy of a person who incurs	36187
injury, death, or loss to person or property as a result of a	36188
violation of this section.	36189

Sec. 2937.22. (A) Bail is security for the appearance of an	36190
accused to appear and answer to a specific criminal or	36191
quasi-criminal charge in any court or before any magistrate at a	36192
specific time or at any time to which a case may be continued, and	36193
not depart without leave. It may take any of the following forms:	36194

~~(A)~~(1) The deposit of cash by the accused or by some other	36195
person for ~~him~~the accused;	36196

~~(B)~~(2) The deposit by the accused or by some other person for	36197
~~him~~the accused in form of bonds of the United States, this state,	36198
or any political subdivision thereof in a face amount equal to the	36199
sum set by the court or magistrate. In case of bonds not	36200
negotiable by delivery such bonds shall be properly endorsed for	36201
transfer.	36202

~~(C)~~(3) The written undertaking by one or more persons to	36203
forfeit the sum of money set by the court or magistrate, if the	36204
accused is in default for appearance, which shall be known as a	36205
recognizance.	36206

(B) Whenever a person is charged with any offense other than	36207
a traffic offense that is not a moving violation and posts bail,	36208
the person shall pay a surcharge of twenty-five dollars. The clerk	36209
of the court shall retain the twenty-five dollars until the person	36210
is convicted, pleads guilty, forfeits bail, is found not guilty,	36211
or has the charges dismissed. If the person is convicted, pleads	36212
guilty, or forfeits bail, the clerk shall transmit the twenty-five	36213
dollars on or before the twentieth day of the month following the	36214
month in which the person was convicted, pleaded guilty, or	36215
forfeited bail to the treasurer of state, and the treasurer of	36216
state shall deposit it into the indigent defense support fund	36217
created under section 120.08 of the Revised Code. If the person is	36218
found not guilty or the charges are dismissed, the clerk shall	36219
return the twenty-five dollars to the person.	36220

(C) All bail shall be received by the clerk of the court,	36221
deputy clerk of court, or by the magistrate, or by a special	36222
referee appointed by the supreme court pursuant to section 2937.46	36223
of the Revised Code, and, except in cases of recognizances,	36224
receipt shall be given therefor ~~by him~~.	36225

(D) As used in this section, "moving violation" has the same	36226
meaning as in section 2743.70 of the Revised Code.	36227

Sec. 2949.091. (A)(1)(a) The court, in which any person is	36228
convicted of or pleads guilty to any offense ~~other than a traffic~~	36229
~~offense that is not a moving violation,~~ shall impose one of the	36230
~~sum of fifteen dollars~~following sums as costs in the case in	36231
addition to any other court costs that the court is required by	36232
law to impose upon the offender:	36233

(i) Thirty dollars if the offense is a felony;

36234

(ii) Twenty dollars if the offense is a misdemeanor other	36235
than a traffic offense that is not a moving violation;	36236

(iii) Ten dollars if the offense is a traffic offense that	36237
is not a moving violation, excluding parking violations. ~~All such~~	36238

(b) All moneys collected pursuant to division (A)(1)(a) of	36239
this section during a month shall be transmitted on or before the	36240
twentieth day of the following month by the clerk of the court to	36241
the treasurer of state and deposited by the treasurer of state	36242
~~into~~to the credit of the ~~general revenue~~indigent defense support	36243
fund established under section 120.08 of the Revised Code. The	36244
court shall not waive the payment of the additional ~~fifteen~~	36245
~~dollars~~thirty-, twenty-, or ten-dollar court costs, unless the	36246
court determines that the offender is indigent and waives the	36247
payment of all court costs imposed upon the indigent offender.	36248

(2)(a) The juvenile court, in which a child is found to be a	36249
delinquent child or a juvenile traffic offender for an act ~~which~~	36250
that, if committed by an adult, would be an offense ~~other than a~~	36251
~~traffic offense that is not a moving violation~~, shall impose one	36252
of the ~~sum of fifteen dollars~~following sums as costs in the case	36253
in addition to any other court costs that the court is required	36254
or permitted by law to impose upon the delinquent child or	36255
juvenile traffic offender:	36256

(i) Thirty dollars if the offense is a felony;

36257

(ii) Twenty dollars if the offense is a misdemeanor other	36258
than a traffic offense that is not a moving violation;	36259

(iii) Ten dollars if the offense is a traffic offense that	36260
is not a moving violation, excluding parking violations. ~~All such~~	36261

(b) All moneys collected pursuant to division (A)(2)(a) of	36262
this section during a month shall be transmitted on or before the	36263
twentieth day of the following month by the clerk of the court to	36264
the treasurer of state and deposited by the treasurer of state	36265
~~into~~to the credit of the ~~general revenue~~indigent defense support	36266
fund established under section 120.08 of the Revised Code. The	36267
~~fifteen dollars~~thirty-, twenty-, or ten-dollar court costs shall	36268
be collected in all cases unless the court determines the juvenile	36269
is indigent and waives the payment of all court costs, or enters	36270
an order on its journal stating that it has determined that the	36271
juvenile is indigent, that no other court costs are to be taxed in	36272
the case, and that the payment of the ~~fifteen dollars~~thirty-,	36273
twenty-, or ten-dollar court costs is waived.	36274

(B) Whenever a person is charged with any offense ~~other than~~	36275
~~a traffic offense that is not a moving violation and posts bail~~	36276
described in division (A)(1) of this section, the court shall add	36277
to the amount of the bail the ~~fifteen~~thirty, twenty, or ten	36278
dollars required to be paid by division (A)(1) of this section.	36279
The ~~fifteen~~thirty, twenty, or ten dollars shall be retained by	36280
the clerk of the court until the person is convicted, pleads	36281
guilty, forfeits bail, is found not guilty, or has the charges	36282
dismissed. If the person is convicted, pleads guilty, or forfeits	36283
bail, the clerk shall transmit the ~~fifteen~~thirty, twenty, or ten	36284
dollars on or before the twentieth day of the month following the	36285
month in which the person was convicted, pleaded guilty, or	36286
forfeited bail to the treasurer of state, who shall deposit it	36287
~~into~~to the credit of the ~~general revenue~~indigent defense	36288
support fund established under section 120.08 of the Revised	36289
Code. If the person is found not guilty or the charges are	36290
dismissed, the clerk shall return the ~~fifteen~~thirty, twenty, or	36291
ten dollars to the person.	36292

(C) No person shall be placed or held in a detention facility	36293
for failing to pay the additional ~~fifteen dollars~~thirty-,	36294
twenty-, or ten-dollar court costs or bail that are required to	36295
be paid by this section.	36296

(D) As used in this section:

36297

(1) "Moving violation" and "bail" have the same meanings as	36298
in section 2743.70 of the Revised Code.	36299

(2) "Detention facility" has the same meaning as in section	36300
2921.01 of the Revised Code.	36301

Sec. 2949.111. (A) As used in this section:

36302

(1) "Court costs" means any assessment that the court	36303
requires an offender to pay to defray the costs of operating the	36304
court.	36305

(2) "State fines or costs" means any costs imposed or	36306
forfeited bail collected by the court under section 2743.70 of the	36307
Revised Code for deposit into the reparations fund or under	36308
section 2949.091 of the Revised Code for deposit into the ~~general~~	36309
~~revenue~~indigent defense support fund established under section	36310
120.08 of the Revised Code and all fines, penalties, and forfeited	36311
bail collected by the court and paid to a law library association	36312
under sections 3375.50 to 3375.53 of the Revised Code.	36313

(3) "Reimbursement" means any reimbursement for the costs of	36314
confinement that the court orders an offender to pay pursuant to	36315
section 2929.28 of the Revised Code, any supervision fee, any fee	36316
for the costs of house arrest with electronic monitoring that an	36317
offender agrees to pay, any reimbursement for the costs of an	36318
investigation or prosecution that the court orders an offender to	36319
pay pursuant to section 2929.71 of the Revised Code, or any other	36320
costs that the court orders an offender to pay.	36321

(4) "Supervision fees" means any fees that a court, pursuant	36322
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	36323
requires an offender who is under a community control sanction to	36324
pay for supervision services.	36325

(5) "Community control sanction" has the same meaning as in	36326
section 2929.01 of the Revised Code.	36327

(B) Unless the court, in accordance with division (C) of this	36328
section, enters in the record of the case a different method of	36329
assigning payments, if a person who is charged with a misdemeanor	36330
is convicted of or pleads guilty to the offense, if the court	36331
orders the offender to pay any combination of court costs, state	36332
fines or costs, restitution, a conventional fine, or any	36333
reimbursement, and if the offender makes any payment of any of	36334
them to a clerk of court, the clerk shall assign the offender's	36335
payment in the following manner:	36336

(1) If the court ordered the offender to pay any court costs,	36337
the offender's payment shall be assigned toward the satisfaction	36338
of those court costs until they have been entirely paid.	36339

(2) If the court ordered the offender to pay any state fines	36340
or costs and if all of the court costs that the court ordered the	36341
offender to pay have been paid, the remainder of the offender's	36342
payment shall be assigned on a pro rata basis toward the	36343
satisfaction of the state fines or costs until they have been	36344
entirely paid.	36345

(3) If the court ordered the offender to pay any restitution	36346
and if all of the court costs and state fines or costs that the	36347
court ordered the offender to pay have been paid, the remainder of	36348
the offender's payment shall be assigned toward the satisfaction	36349
of the restitution until it has been entirely paid.	36350

(4) If the court ordered the offender to pay any fine and if	36351
all of the court costs, state fines or costs, and restitution that	36352
the court ordered the offender to pay have been paid, the	36353
remainder of the offender's payment shall be assigned toward the	36354
satisfaction of the fine until it has been entirely paid.	36355

(5) If the court ordered the offender to pay any	36356
reimbursement and if all of the court costs, state fines or costs,	36357
restitution, and fines that the court ordered the offender to pay	36358
have been paid, the remainder of the offender's payment shall be	36359
assigned toward the satisfaction of the reimbursements until they	36360
have been entirely paid.	36361

(C) If a person who is charged with a misdemeanor is	36362
convicted of or pleads guilty to the offense and if the court	36363
orders the offender to pay any combination of court costs, state	36364
fines or costs, restitution, fines, or reimbursements, the court,	36365
at the time it orders the offender to make those payments, may	36366
prescribe an order of payments that differs from the order set	36367
forth in division (B) of this section by entering in the record of	36368
the case the order so prescribed. If a different order is entered	36369
in the record, on receipt of any payment, the clerk of the court	36370
shall assign the payment in the manner prescribed by the court.	36371

Sec. 2949.17. (A) The sheriff may take one guard for every	36372
two convicted felons to be transported to a correctional	36373
institution. The trial judge may authorize a larger number of	36374
guards upon written application of the sheriff, in which case a	36375
transcript of the order of the judge shall be certified by the	36376
clerk of the court of common pleas under the seal of the court,	36377
and the sheriff shall deliver the order with the convict to the	36378
person in charge of the correctional institution.	36379

(B) In order to obtain reimbursement for the county for the	36380
expenses of transportation for indigent convicted felons, the	36381
clerk of the court of common pleas shall prepare a transportation	36382
cost bill for each indigent convicted felon transported pursuant	36383
to this section for an amount equal to ~~ten cents~~not less than one	36384
dollar a mile from the county seat to the state correctional	36385
institution and return for ~~the sheriff and each of the guards and~~	36386
~~five cents a mile from the county seat to the state correctional~~	36387
~~institution for~~ each prisoner. The number of miles shall be	36388
computed by the usual route of travel. The clerk's duties under	36389
this division are subject to division (B) of section 2949.19 of	36390
the Revised Code.	36391

Sec. 2981.13. (A) Except as otherwise provided in this	36392
section, property ordered forfeited as contraband, proceeds, or an	36393
instrumentality pursuant to this chapter shall be disposed of,	36394
used, or sold pursuant to section 2981.12 of the Revised Code. If	36395
the property is to be sold under that section, the prosecutor	36396
shall cause notice of the proposed sale to be given in accordance	36397
with law.	36398

(B) If the contraband or instrumentality forfeited under this	36399
chapter is sold, any moneys acquired from a sale and any proceeds	36400
forfeited under this chapter shall be applied in the following	36401
order:	36402

(1) First, to pay costs incurred in the seizure, storage,	36403
maintenance, security, and sale of the property and in the	36404
forfeiture proceeding;	36405

(2) Second, in a criminal forfeiture case, to satisfy any	36406
restitution ordered to the victim of the offense or, in a civil	36407
forfeiture case, to satisfy any recovery ordered for the person	36408
harmed, unless paid from other assets;	36409

(3) Third, to pay the balance due on any security interest	36410
preserved under this chapter;	36411

(4) Fourth, apply the remaining amounts as follows:

36412

(a) If the forfeiture was ordered by a juvenile court, ten	36413
per cent to one or more certified alcohol and drug addiction	36414
treatment programs as provided in division (D) of section 2981.12	36415
of the Revised Code;	36416

(b) If the forfeiture was ordered in a juvenile court, ninety	36417
per cent, and if the forfeiture was ordered in a court other than	36418
a juvenile court, one hundred per cent to the law enforcement	36419
trust fund of the prosecutor and to the following fund supporting	36420
the law enforcement agency that substantially conducted the	36421
investigation: the law enforcement trust fund of the county	36422
sheriff, municipal corporation, township, or park district created	36423
under section 511.18 or 1545.01 of the Revised Code; the state	36424
highway patrol contraband, forfeiture, and other fund; the	36425
department of public safety investigative unit contraband,	36426
forfeiture, and other fund; the department of taxation enforcement	36427
fund; the board of pharmacy drug law enforcement fund created by	36428
division (B)(1) of section 4729.65 of the Revised Code; the	36429
medicaid fraud investigation and prosecution fund; or the	36430
treasurer of state for deposit into the peace officer training	36431
commission fund if any other state law enforcement agency	36432
substantially conducted the investigation. In the case of property	36433
forfeited for medicaid fraud, any remaining amount shall be used	36434
by the attorney general to investigate and prosecute medicaid	36435
fraud offenses.	36436

If the prosecutor declines to accept any of the remaining	36437
amounts, the amounts shall be applied to the fund of the agency	36438
that substantially conducted the investigation.	36439

(c) If more than one law enforcement agency is substantially	36440
involved in the seizure of property forfeited under this chapter,	36441
the court ordering the forfeiture shall equitably divide the	36442
amounts, after calculating any distribution to the law enforcement	36443
trust fund of the prosecutor pursuant to division (B)(4) of this	36444
section, among the entities that the court determines were	36445
substantially involved in the seizure.	36446

(C)(1) A law enforcement trust fund shall be established by	36447
the prosecutor of each county who intends to receive any remaining	36448
amounts pursuant to this section, by the sheriff of each county,	36449
by the legislative authority of each municipal corporation, by the	36450
board of township trustees of each township that has a township	36451
police department, township police district police force, or	36452
office of the constable, and by the board of park commissioners of	36453
each park district created pursuant to section 511.18 or 1545.01	36454
of the Revised Code that has a park district police force or law	36455
enforcement department, for the purposes of this section.	36456

There is hereby created in the state treasury the state	36457
highway patrol contraband, forfeiture, and other fund, the	36458
department of public safety investigative unit contraband,	36459
forfeiture, and other fund, the medicaid fraud investigation and	36460
prosecution fund, the department of taxation enforcement fund, and	36461
the peace officer training commission fund, for the purposes of	36462
this section.	36463

Amounts distributed to any municipal corporation, township,	36464
or park district law enforcement trust fund shall be allocated	36465
from the fund by the legislative authority only to the police	36466
department of the municipal corporation, by the board of township	36467
trustees only to the township police department, township police	36468
district police force, or office of the constable, and by the	36469
board of park commissioners only to the park district police force	36470
or law enforcement department.	36471

(2)(a) No amounts shall be allocated to a fund created under	36472
this section or used by an agency unless the agency has adopted a	36473
written internal control policy that addresses the use of moneys	36474
received from the appropriate fund. The appropriate fund shall be	36475
expended only in accordance with that policy and, subject to the	36476
requirements specified in this section, only for the following	36477
purposes:	36478

(i) To pay the costs of protracted or complex investigations	36479
or prosecutions;	36480

(ii) To provide reasonable technical training or expertise;

36481

(iii) To provide matching funds to obtain federal grants to	36482
aid law enforcement, in the support of DARE programs or other	36483
programs designed to educate adults or children with respect to	36484
the dangers associated with the use of drugs of abuse;	36485

(iv) To pay the costs of emergency action taken under section	36486
3745.13 of the Revised Code relative to the operation of an	36487
illegal methamphetamine laboratory if the forfeited property or	36488
money involved was that of a person responsible for the operation	36489
of the laboratory;	36490

(v) For other law enforcement purposes that the	36491
superintendent of the state highway patrol, department of public	36492
safety, prosecutor, county sheriff, legislative authority,	36493
department of taxation, board of township trustees, or board of	36494
park commissioners determines to be appropriate.	36495

(b) The board of pharmacy drug law enforcement fund shall be	36496
expended only in accordance with the written internal control	36497
policy so adopted by the board and only in accordance with section	36498
4729.65 of the Revised Code, except that it also may be expended	36499
to pay the costs of emergency action taken under section 3745.13	36500
of the Revised Code relative to the operation of an illegal	36501
methamphetamine laboratory if the forfeited property or money	36502
involved was that of a person responsible for the operation of the	36503
laboratory.	36504

(c) The state highway patrol contraband, forfeiture, and	36505
other fund, the department of public safety investigative unit	36506
contraband, forfeiture, and other fund, the department of taxation	36507
enforcement fund, the board of pharmacy drug law enforcement fund,	36508
and a law enforcement trust fund shall not be used to meet the	36509
operating costs of the state highway patrol, of the investigative	36510
unit of the department of public safety, of the state board of	36511
pharmacy, of any political subdivision, or of any office of a	36512
prosecutor or county sheriff that are unrelated to law	36513
enforcement.	36514

(d) Forfeited moneys that are paid into the state treasury to	36515
be deposited into the peace officer training commission fund shall	36516
be used by the commission only to pay the costs of peace officer	36517
training.	36518

(3) Any of the following offices or agencies that receive	36519
amounts under this section during any calendar year shall file a	36520
report with the specified entity, not later than the thirty-first	36521
day of January of the next calendar year, verifying that the	36522
moneys were expended only for the purposes authorized by this	36523
section or other relevant statute and specifying the amounts	36524
expended for each authorized purpose:	36525

(a) Any sheriff or prosecutor shall file the report with the	36526
county auditor.	36527

(b) Any municipal corporation police department shall file	36528
the report with the legislative authority of the municipal	36529
corporation.	36530

(c) Any township police department, township police district	36531
police force, or office of the constable shall file the report	36532
with the board of township trustees of the township.	36533

(d) Any park district police force or law enforcement	36534
department shall file the report with the board of park	36535
commissioners of the park district.	36536

(e) The superintendent of the state highway patrol and the	36537
tax commissioner shall file the report with the attorney general.	36538

(f) The executive director of the state board of pharmacy	36539
shall file the report with the attorney general, verifying that	36540
cash and forfeited proceeds paid into the board of pharmacy drug	36541
law enforcement fund were used only in accordance with section	36542
4729.65 of the Revised Code.	36543

(g) The peace officer training commission shall file a report	36544
with the attorney general, verifying that cash and forfeited	36545
proceeds paid into the peace officer training commission fund	36546
pursuant to this section during the prior calendar year were used	36547
by the commission during the prior calendar year only to pay the	36548
costs of peace officer training.	36549

(D) The written internal control policy of a county sheriff,	36550
prosecutor, municipal corporation police department, township	36551
police department, township police district police force, office	36552
of the constable, or park district police force or law enforcement	36553
department shall provide that at least ten per cent of the first	36554
one hundred thousand dollars of amounts deposited during each	36555
calendar year in the agency's law enforcement trust fund under	36556
this section, and at least twenty per cent of the amounts	36557
exceeding one hundred thousand dollars that are so deposited,	36558
shall be used in connection with community preventive education	36559
programs. The manner of use shall be determined by the sheriff,	36560
prosecutor, department, police force, or office of the constable	36561
after receiving and considering advice on appropriate community	36562
preventive education programs from the county's board of alcohol,	36563
drug addiction, and mental health services, from the county's	36564
alcohol and drug addiction services board, or through appropriate	36565
community dialogue.	36566

The financial records kept under the internal control policy	36567
shall specify the amount deposited during each calendar year in	36568
the portion of that amount that was used pursuant to this	36569
division, and the programs in connection with which the portion of	36570
that amount was so used.	36571

As used in this division, "community preventive education	36572
programs" include, but are not limited to, DARE programs and other	36573
programs designed to educate adults or children with respect to	36574
the dangers associated with using drugs of abuse.	36575

(E) Upon the sale, under this section or section 2981.12 of	36576
the Revised Code, of any property that is required by law to be	36577
titled or registered, the state shall issue an appropriate	36578
certificate of title or registration to the purchaser. If the	36579
state is vested with title and elects to retain property that is	36580
required to be titled or registered under law, the state shall	36581
issue an appropriate certificate of title or registration.	36582

(F) Any failure of a law enforcement officer or agency,	36583
prosecutor, court, or the attorney general to comply with this	36584
section in relation to any property seized does not affect the	36585
validity of the seizure and shall not be considered to be the	36586
basis for suppressing any evidence resulting from the seizure,	36587
provided the seizure itself was lawful.	36588

Sec. 3105.87. The court may order a public retirement	36589
program or the Ohio public employees deferred compensation program	36590
to provide information from a participant's personal history	36591
record necessary to determine the amounts described in division	36592
(D) of section 3105.82 of the Revised Code.	36593

Sec. 3119.01. (A) As used in the Revised Code, "child	36594
support enforcement agency" means a child support enforcement	36595
agency designated under former section 2301.35 of the Revised Code	36596
prior to October 1, 1997, or a private or government entity	36597
designated as a child support enforcement agency under section	36598
307.981 of the Revised Code.	36599

(B) As used in this chapter and Chapters 3121., 3123., and	36600
3125. of the Revised Code:	36601

(1) "Administrative child support order" means any order	36602
issued by a child support enforcement agency for the support of a	36603
child pursuant to section 3109.19 or 3111.81 of the Revised Code	36604
or former section 3111.211 of the Revised Code, section 3111.21 of	36605
the Revised Code as that section existed prior to January 1, 1998,	36606
or section 3111.20 or 3111.22 of the Revised Code as those	36607
sections existed prior to March 22, 2001.	36608

(2) "Child support order" means either a court child support	36609
order or an administrative child support order.	36610

(3) "Obligee" means the person who is entitled to receive the	36611
support payments under a support order.	36612

(4) "Obligor" means the person who is required to pay support	36613
under a support order.	36614

(5) "Support order" means either an administrative child	36615
support order or a court support order.	36616

36617

(1) "Combined gross income" means the combined gross income	36618
of both parents.	36619

(2) "Court child support order" means any order issued by a	36620
court for the support of a child pursuant to Chapter 3115. of the	36621
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	36622
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	36623
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	36624
Code, or division (B) of former section 3113.21 of the Revised	36625
Code.	36626

(3) "Court support order" means either a court child support	36627
order or an order for the support of a spouse or former spouse	36628
issued pursuant to Chapter 3115. of the Revised Code, section	36629
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	36630
of former section 3113.21 of the Revised Code.	36631

(4) "Extraordinary medical expenses" means any uninsured	36632
medical expenses incurred for a child during a calendar year that	36633
exceed one hundred dollars.	36634

(5) "Income" means either of the following:

36635

(a) For a parent who is employed to full capacity, the gross	36636
income of the parent;	36637

(b) For a parent who is unemployed or underemployed, the sum	36638
of the gross income of the parent and any potential income of the	36639
parent.	36640

(6) "Insurer" means any person authorized under Title XXXIX	36641
of the Revised Code to engage in the business of insurance in this	36642
state, any health insuring corporation, and any legal entity that	36643
is self-insured and provides benefits to its employees or members.	36644

(7) "Gross income" means, except as excluded in division	36645
(C)(7) of this section, the total of all earned and unearned	36646
income from all sources during a calendar year, whether or not the	36647
income is taxable, and includes income from salaries, wages,	36648
overtime pay, and bonuses to the extent described in division (D)	36649
of section 3119.05 of the Revised Code; commissions; royalties;	36650
tips; rents; dividends; severance pay; pensions; interest; trust	36651
income; annuities; social security benefits, including retirement,	36652
disability, and survivor benefits that are not means-tested;	36653
workers' compensation benefits; unemployment insurance benefits;	36654
disability insurance benefits; benefits that are not means-tested	36655
and that are received by and in the possession of the veteran who	36656
is the beneficiary for any service-connected disability under a	36657
program or law administered by the United States department of	36658
veterans' affairs or veterans' administration; spousal support	36659
actually received; and all other sources of income. "Gross income"	36660
includes income of members of any branch of the United States	36661
armed services or national guard, including, amounts representing	36662
base pay, basic allowance for quarters, basic allowance for	36663
subsistence, supplemental subsistence allowance, cost of living	36664
adjustment, specialty pay, variable housing allowance, and pay for	36665
training or other types of required drills; self-generated income;	36666
and potential cash flow from any source.	36667

"Gross income" does not include any of the following:

36668

(a) Benefits received from means-tested government	36669
administered programs, including Ohio works first; prevention,	36670
retention, and contingency; means-tested veterans' benefits;	36671
supplemental security income; ~~food stamps~~supplemental nutrition	36672
assistance program; disability financial assistance; or other	36673
assistance for which eligibility is determined on the basis of	36674
income or assets;	36675

(b) Benefits for any service-connected disability under a	36676
program or law administered by the United States department of	36677
veterans' affairs or veterans' administration that are not	36678
means-tested, that have not been distributed to the veteran who is	36679
the beneficiary of the benefits, and that are in the possession of	36680
the United States department of veterans' affairs or veterans'	36681
administration;	36682

(c) Child support received for children who were not born or	36683
adopted during the marriage at issue;	36684

(d) Amounts paid for mandatory deductions from wages such as	36685
union dues but not taxes, social security, or retirement in lieu	36686
of social security;	36687

(e) Nonrecurring or unsustainable income or cash flow items;

36688

(f) Adoption assistance and foster care maintenance payments	36689
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	36690
501, 42 U.S.C.A. 670 (1980), as amended.	36691

(8) "Nonrecurring or unsustainable income or cash flow item"	36692
means an income or cash flow item the parent receives in any year	36693
or for any number of years not to exceed three years that the	36694
parent does not expect to continue to receive on a regular basis.	36695
"Nonrecurring or unsustainable income or cash flow item" does not	36696
include a lottery prize award that is not paid in a lump sum or	36697
any other item of income or cash flow that the parent receives or	36698
expects to receive for each year for a period of more than three	36699
years or that the parent receives and invests or otherwise uses to	36700
produce income or cash flow for a period of more than three years.	36701

(9)(a) "Ordinary and necessary expenses incurred in	36702
generating gross receipts" means actual cash items expended by the	36703
parent or the parent's business and includes depreciation expenses	36704
of business equipment as shown on the books of a business entity.	36705

(b) Except as specifically included in "ordinary and	36706
necessary expenses incurred in generating gross receipts" by	36707
division (C)(9)(a) of this section, "ordinary and necessary	36708
expenses incurred in generating gross receipts" does not include	36709
depreciation expenses and other noncash items that are allowed as	36710
deductions on any federal tax return of the parent or the parent's	36711
business.	36712

(10) "Personal earnings" means compensation paid or payable	36713
for personal services, however denominated, and includes wages,	36714
salary, commissions, bonuses, draws against commissions, profit	36715
sharing, vacation pay, or any other compensation.	36716

(11) "Potential income" means both of the following for a	36717
parent who the court pursuant to a court support order, or a child	36718
support enforcement agency pursuant to an administrative child	36719
support order, determines is voluntarily unemployed or voluntarily	36720
underemployed:	36721

(a) Imputed income that the court or agency determines the	36722
parent would have earned if fully employed as determined from the	36723
following criteria:	36724

(i) The parent's prior employment experience;

36725

(ii) The parent's education;

36726

(iii) The parent's physical and mental disabilities, if any;

36727

(iv) The availability of employment in the geographic area in	36728
which the parent resides;	36729

(v) The prevailing wage and salary levels in the geographic	36730
area in which the parent resides;	36731

(vi) The parent's special skills and training;

36732

(vii) Whether there is evidence that the parent has the	36733
ability to earn the imputed income;	36734

(viii) The age and special needs of the child for whom child	36735
support is being calculated under this section;	36736

(ix) The parent's increased earning capacity because of	36737
experience;	36738

(x) Any other relevant factor.

36739

(b) Imputed income from any nonincome-producing assets of a	36740
parent, as determined from the local passbook savings rate or	36741
another appropriate rate as determined by the court or agency, not	36742
to exceed the rate of interest specified in division (A) of	36743
section 1343.03 of the Revised Code, if the income is significant.	36744

(12) "Schedule" means the basic child support schedule set	36745
forth in section 3119.021 of the Revised Code.	36746

(13) "Self-generated income" means gross receipts received by	36747
a parent from self-employment, proprietorship of a business, joint	36748
ownership of a partnership or closely held corporation, and rents	36749
minus ordinary and necessary expenses incurred by the parent in	36750
generating the gross receipts. "Self-generated income" includes	36751
expense reimbursements or in-kind payments received by a parent	36752
from self-employment, the operation of a business, or rents,	36753
including company cars, free housing, reimbursed meals, and other	36754
benefits, if the reimbursements are significant and reduce	36755
personal living expenses.	36756

(14) "Split parental rights and responsibilities" means a	36757
situation in which there is more than one child who is the subject	36758
of an allocation of parental rights and responsibilities and each	36759
parent is the residential parent and legal custodian of at least	36760
one of those children.	36761

(15) "Worksheet" means the applicable worksheet that is used	36762
to calculate a parent's child support obligation as set forth in	36763
sections 3119.022 and 3119.023 of the Revised Code.	36764

Sec. 3119.371. (A) As used in this section:

36765

(1) "Health insurance provider" means:

36766

(a) A person authorized to engage in the business of sickness	36767
and accident insurance under Title XXXIX of the Revised Code;	36768

(b) A person or government entity providing coverage for	36769
medical services or items to individuals on a self-insurance	36770
basis;	36771

(c) A health insuring corporation as defined in section	36772
1751.01 of the Revised Code;	36773

(d) A group health plan as defined in 29 U.S.C. 1167;

36774

(e) Any organization, business, or association described in	36775
42 U.S.C. 1396a(a)(25); or	36776

(f) A managed care organization.

36777

(2) "Information" means all of the following:

36778

(a) An individual's name, address, date of birth, and social	36779
security number;	36780

(b) The group or plan number or other identifier assigned by	36781
a health insurance provider to a policy held by an individual or a	36782
plan in which the individual participates and the nature of the	36783
coverage; and	36784

(c) Any other data specified by the director of job and	36785
family services in rules adopted under section 3119.51 of the	36786
Revised Code.	36787

(B) Upon request of the office of child support in the	36788
department of job and family services and for the purpose of	36789
establishing and enforcing orders to provide health insurance	36790
coverage, a health insurance provider shall provide the	36791
information described in division (A)(2) of this section to the	36792
office of child support.	36793

Sec. 3121.037. (A) A withholding notice sent under section	36794
3121.03 of the Revised Code shall contain all of the following:	36795

(1) Notice of the amount to be withheld from the obligor's	36796
income and a statement that, notwithstanding that amount, the	36797
payor may not withhold an amount for support and other purposes,	36798
including the fee described in division (A)~~(11)~~(12) of this	36799
section, that exceeds the maximum amounts permitted under section	36800
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);	36801

(2) A statement that the payor is required to send the amount	36802
withheld to the office of child support immediately, but not later	36803
than seven business days, after the obligor is paid and is	36804
required to report to the agency the date the amount was withheld;	36805

(3) A statement that the withholding shall be submitted to	36806
the state via electronic means if the employer employs more than	36807
fifty employees;	36808

(4) A statement that the withholding is binding on the payor	36809
until further notice from the court or agency;	36810

~~(4)~~(5) A statement that if the payor is an employer, the	36811
payor is subject to a fine to be determined under the law of this	36812
state for discharging the obligor from employment, refusing to	36813
employ the obligor, or taking any disciplinary action against the	36814
obligor because of the withholding requirement;	36815

~~(5)~~(6) A statement that, if the payor fails to withhold in	36816
accordance with the notice, the payor is liable for the	36817
accumulated amount the payor should have withheld from the	36818
obligor's income;	36819

~~(6)~~(7) A statement that, except for deductions from lump sum	36820
payments made in accordance with section 3121.0311 of the Revised	36821
Code, the withholding in accordance with the notice has priority	36822
over any other legal process under the law of this state against	36823
the same income;	36824

~~(7)~~(8) The date on which the notice was mailed and a	36825
statement that the payor is required to implement the withholding	36826
no later than fourteen business days following the date the notice	36827
was mailed or, if the payor is an employer, no later than the	36828
first pay period that occurs after fourteen business days	36829
following the date the notice was mailed, and is required to	36830
continue the withholding at the intervals specified in the notice.	36831

~~(8)~~(9) A requirement that the payor do the following:

36832

(a) Promptly notify the child support enforcement agency	36833
administering the support order, in writing, within ten business	36834
days after the date of any situation that occurs in which the	36835
payor ceases to pay income to the obligor in an amount sufficient	36836
to comply with the order, including termination of employment,	36837
layoff of the obligor from employment, any leave of absence of the	36838
obligor from employment without pay, termination of workers'	36839
compensation benefits, or termination of any pension, annuity,	36840
allowance, or retirement benefit;	36841

(b) Provide the agency with the obligor's last known address	36842
and, with respect to a court support order and if known, notify	36843
the agency of any new employer or income source and the name,	36844
address, and telephone number of the new employer or income	36845
source.	36846

~~(9)~~(10) A requirement that, if the payor is an employer, the	36847
payor do both of the following:	36848

(a) Identify in the notice given under division (A)~~(8)~~(9) of	36849
this section any types of benefits other than personal earnings	36850
the obligor is receiving or is eligible to receive as a benefit of	36851
employment or as a result of the obligor's termination of	36852
employment, including, but not limited to, unemployment	36853
compensation, workers' compensation benefits, severance pay, sick	36854
leave, lump sum payments of retirement benefits or contributions,	36855
and bonuses or profit-sharing payments or distributions, and the	36856
amount of the benefits;	36857

(b) Include in the notice the obligor's last known address	36858
and telephone number, date of birth, social security number, and	36859
case number and, if known, the name and business address of any	36860
new employer of the obligor.	36861

~~(10)~~(11) Subject to section 3121.0311 of the Revised Code, a	36862
requirement that, no later than the earlier of forty-five days	36863
before a lump sum payment is to be made or, if the obligor's right	36864
to the lump sum payment is determined less than forty-five days	36865
before it is to be made, the date on which that determination is	36866
made, the payor notify the child support enforcement agency	36867
administering the support order of any lump sum payment of any	36868
kind of one hundred fifty dollars or more that is to be paid to	36869
the obligor, hold each lump sum payment of one hundred fifty	36870
dollars or more for thirty days after the date on which it would	36871
otherwise be paid to the obligor and, on order of the court or	36872
agency that issued the support order, pay all or a specified	36873
amount of the lump sum payment to the office of child support;	36874

~~(11)~~(12) A statement that, in addition to the amount withheld	36875
for support, the payor may withhold a fee from the obligor's	36876
income as a charge for its services in complying with the notice	36877
and a specification of the amount that may be withheld.	36878

(B) A deduction notice sent under section 3121.03 of the	36879
Revised Code shall contain all of the following:	36880

(1) Notice of the amount to be deducted from the obligor's	36881
account;	36882

(2) A statement that the financial institution is required to	36883
send the amount deducted to the office of child support	36884
immediately, but not later than seven business days, after the	36885
date the last deduction was made and to report to the child	36886
support enforcement agency the date on which the amount was	36887
deducted;	36888

(3) A statement that the deduction is binding on the	36889
financial institution until further notice from the court or	36890
agency;	36891

(4) A statement that the deduction in accordance with the	36892
notice has priority over any other legal process under the law of	36893
this state against the same account;	36894

(5) The date on which the notice was mailed and a statement	36895
that the financial institution is required to implement the	36896
deduction no later than fourteen business days following that date	36897
and to continue the deduction at the intervals specified in the	36898
notice;	36899

(6) A requirement that the financial institution promptly	36900
notify the child support enforcement agency administering the	36901
support order, in writing, within ten days after the date of any	36902
termination of the account from which the deduction is being made	36903
and notify the agency, in writing, of the opening of a new account	36904
at that financial institution, the account number of the new	36905
account, the name of any other known financial institutions in	36906
which the obligor has any accounts, and the numbers of those	36907
accounts;	36908

(7) A requirement that the financial institution include in	36909
all notices the obligor's last known mailing address, last known	36910
residence address, and social security number;	36911

(8) A statement that, in addition to the amount deducted for	36912
support, the financial institution may deduct a fee from the	36913
obligor's account as a charge for its services in complying with	36914
the notice and a specification of the amount that may be deducted.	36915

Sec. 3121.0311. (A) If a lump sum payment referred to in	36916
division (A)~~(10)~~(11) of section 3121.037 of the Revised Code	36917
consists of workers' compensation benefits and the obligor is	36918
represented by an attorney with respect to the obligor's workers'	36919
compensation claim, prior to issuing the notice to the child	36920
support enforcement agency required by that division, the	36921
administrator of workers' compensation, for claims involving state	36922
fund employers, or a self-insuring employer, for that employer's	36923
claims, shall notify the obligor and the obligor's attorney in	36924
writing that the obligor is subject to a support order and that	36925
the administrator or self-insuring employer, as appropriate, shall	36926
hold the lump sum payment for a period of thirty days after the	36927
administrator or self-insuring employer sends this written notice,	36928
pending receipt of the information referred to in division (B) of	36929
this section.	36930

(B) The administrator or self-insuring employer, as	36931
appropriate, shall instruct the obligor's attorney in writing to	36932
file a copy of the fee agreement signed by the obligor, along with	36933
an affidavit signed by the attorney setting forth the amount of	36934
the attorney's fee with respect to the lump sum payment award to	36935
the obligor and the amount of all necessary expenses, along with	36936
documentation of those expenses, incurred by the attorney with	36937
respect to obtaining the lump sum award. The obligor's attorney	36938
shall file the fee agreement and attorney affidavit with the	36939
administrator or self-insuring employer, as appropriate, within	36940
thirty days after the date the administrator or self-insuring	36941
employer sends the notice required by division (A) of this	36942
section.	36943

(C) Upon receipt of the fee agreement and attorney affidavit,	36944
the administrator or self-insuring employer, as appropriate, shall	36945
deduct from the lump sum payment the amount of the attorney's fee	36946
and necessary expenses and pay that amount directly to and solely	36947
in the name of the attorney within fourteen days after the fee	36948
agreement and attorney affidavit have been filed with the	36949
administrator or self-insuring employer.	36950

(D) After deducting any attorney's fee and necessary	36951
expenses, if the lump sum payment is one hundred fifty dollars or	36952
more, the administrator or self-insuring employer, as appropriate,	36953
shall hold the balance of the lump sum award in accordance with	36954
division (A)~~(10)~~(11) of section 3121.037 of the Revised Code.	36955

Sec. 3121.19. (A) The entire amount withheld or deducted	36956
pursuant to a withholding or deduction notice described in section	36957
3121.03 of the Revised Code shall be forwarded to the office of	36958
child support in the department of job and family services	36959
immediately, but not later than seven business days, after the	36960
withholding or deduction, as directed in the withholding or	36961
deduction notice.	36962

(B) An employer who employs more than fifty employees shall	36963
submit the entire amount withheld pursuant to a withholding notice	36964
described in section 3121.03 of the Revised Code by electronic	36965
transfer to the office of child support in the department of job	36966
and family services immediately, but not later than seven business	36967
days, after the withholding, as directed in the withholding	36968
notice.	36969

Sec. 3121.20. (A) A payor or financial institution required	36970
to withhold or deduct a specified amount from the income or	36971
savings of more than one obligor under a withholding or deduction	36972
notice described in section 3121.03 of the Revised Code and to	36973
forward the amounts withheld or deducted to the office of child	36974
support may combine all of the amounts to be forwarded in one	36975
payment if the payment is accompanied by a list that clearly	36976
identifies ~~each~~all of the following:	36977

(1) Each obligor covered by the payment ~~and the~~;

36978

(2) Each child support case, numbered as provided on the	36979
withholding or deduction notice, that is covered by the payment;	36980

(3) The portion of the payment attributable to each obligor	36981
and each case number.	36982

(B) A payor who employs more than fifty employees and who is	36983
required to submit the withholding by electronic transfer pursuant	36984
to sections 3121.037 and 3121.19 of the Revised Code shall combine	36985
all of the amounts to be forwarded in one payment. The payment	36986
shall be accompanied by information that clearly identifies all of	36987
the following:	36988

(1) Each obligor that is covered by the payment;

36989

(2) Each child support case, numbered as provided on the	36990
withholding notice issued pursuant to section 3121.03 of the	36991
Revised Code, that is covered by the payment;	36992

(3) The portion of the payment attributable to each obligor	36993
and each case number.	36994

Sec. 3121.898. The department of job and family services	36995
shall use the new hire reports it receives for any of the	36996
following purposes set forth in 42 U.S.C. 653a, as amended,	36997
including:	36998

(A) To locate individuals for the purposes of establishing	36999
paternity and for establishing, modifying, and enforcing child	37000
support orders.	37001

(B) As used in this division, "state agency" means every	37002
department, bureau, board, commission, office, or other organized	37003
body established by the constitution or laws of this state for the	37004
exercise of state government; every entity of county government	37005
that is subject to the rules of a state agency; and every	37006
contractual agent of a state agency.	37007

To make available to any state agency responsible for	37008
administering any of the following programs for purposes of	37009
verifying program eligibility:	37010

(1) Any Title IV-A program as defined in section 5101.80 of	37011
the Revised Code;	37012

(2) The medicaid program authorized by Chapter 5111. of the	37013
Revised Code;	37014

(3) The unemployment compensation program authorized by	37015
Chapter 4141. of the Revised Code;	37016

(4) The ~~food stamp~~supplemental nutrition assistance program	37017
authorized by section 5101.54 of the Revised Code;	37018

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	37019
amended.	37020

(C) The administration of the employment security program	37021
under the director of job and family services.	37022

Sec. 3123.952. A child support enforcement agency may submit	37023
the name of a delinquent obligor to the office of child support	37024
for inclusion on a poster only if all of the following apply:	37025

(A) The obligor is subject to a support order and there has	37026
been an attempt to enforce the order through a public notice, a	37027
wage withholding order, a lien on property, a financial	37028
institution deduction order, or other court-ordered procedures.	37029

(B) The department of job and family services reviewed the	37030
obligor's records and confirms the child support enforcement	37031
agency's finding that the obligor's name and photograph may be	37032
submitted to be displayed on a poster.	37033

(C) The agency does not know or is unable to verify the	37034
obligor's whereabouts.	37035

(D) The obligor is not a participant in Ohio works first or	37036
the prevention, retention, and contingency program or a recipient	37037
of disability financial assistance, supplemental security income,	37038
or ~~food stamps~~supplemental nutrition assistance program benefits.	37039

(E) The child support enforcement agency does not have	37040
evidence that the obligor has filed for protection under the	37041
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.	37042

(F) The obligee gave written authorization to the agency to	37043
display the obligor on a poster.	37044

(G) A legal representative of the agency and a child support	37045
enforcement administrator reviewed the case.	37046

(H) The agency is able to submit to the department a	37047
description and photograph of the obligor, a statement of the	37048
possible locations of the obligor, and any other information	37049
required by the department.	37050

Sec. 3125.25. The director of job and family services shall	37051
adopt rules under Chapter 119. of the Revised Code governing the	37052
operation of support enforcement by child support enforcement	37053
agencies. The rules shall include, but shall not be limited to,	37054
~~provisions~~the following:	37055

(A) Provisions relating to plans of cooperation between the	37056
agencies and boards of county commissioners entered into under	37057
section 3125.12 of the Revised Code~~, requirements~~;	37058

(B) Provisions for the compromise and waiver of child support	37059
arrearages owed to the state and federal government, consistent	37060
with Title IV-D of the "Social Security Act," 88 Stat. 2351	37061
(1975), 42 U.S.C. 651 et seq., as amended;	37062

(C) Requirements for public hearings by the agencies~~, and~~	37063
~~provisions~~;	37064

(D) Provisions for appeals of agency decisions under	37065
procedures established by the director.	37066

Sec. 3301.07. The state board of education shall exercise	37067
under the acts of the general assembly general supervision of the	37068
system of public education in the state. In addition to the powers	37069
otherwise imposed on the state board under the provisions of law,	37070
the board shall have the ~~following~~ powers:described in this	37071
section.	37072

(A) ~~Exercise~~The state board shall exercise policy forming,	37073
planning, and evaluative functions for the public schools of the	37074
state~~, and for adult education,~~ except as otherwise provided by	37075
law;.	37076

(B) ~~Exercise~~(1) The state board shall exercise leadership in	37077
the improvement of public education in this state, and administer	37078
the educational policies of this state relating to public schools,	37079
and relating to instruction and instructional material, building	37080
and equipment, transportation of pupils, administrative	37081
responsibilities of school officials and personnel, and finance	37082
and organization of school districts, educational service centers,	37083
and territory. Consultative and advisory services in such matters	37084
shall be provided by the board to school districts and educational	37085
service centers of this state. ~~The~~	37086

(2) The state board also shall develop a standard of	37087
financial reporting which shall be used by ~~all~~each school	37088
~~districts and~~district board of education, educational service	37089
~~centers~~center governing board, community school governing	37090
authority, and STEM school governing body to make ~~their~~its	37091
financial information and annual budgets for each school building	37092
under its control available to the public in a format	37093
understandable by the average citizen ~~and provide year-to-year~~	37094
~~comparisons for at least five years~~. The format shall show, among	37095
other things, at the district and educational service center level	37096
or at the school building level, as determined appropriate by the	37097
department of education, revenue by source; expenditures for	37098
salaries, wages, and benefits of employees, showing such amounts	37099
separately for classroom teachers, other employees required to	37100
hold licenses issued pursuant to sections 3319.22 to 3319.31 of	37101
the Revised Code, and all other employees; expenditures other	37102
than for personnel, by category, including utilities, textbooks	37103
and other educational materials, equipment, permanent	37104
improvements, pupil transportation, extracurricular athletics,	37105
and other extracurricular activities; and per pupil expenditures.	37106

(C) ~~Administer~~The state board shall administer and supervise	37107
the allocation and distribution of all state and federal funds for	37108
public school education under the provisions of law, and may	37109
prescribe such systems of accounting as are necessary and proper	37110
to this function. It may require county auditors and treasurers,	37111
boards of education, educational service center governing boards,	37112
treasurers of such boards, teachers, and other school officers and	37113
employees, or other public officers or employees, to file with it	37114
such reports as it may prescribe relating to such funds, or to the	37115
management and condition of such funds.	37116

(D) ~~Formulate~~(1) Wherever in Titles IX, XXIII, XXIX, XXXIII,	37117
XXXVII, XLVII, and LI of the Revised Code a reference is made to	37118
standards prescribed under this section or division (D) of this	37119
section, that reference shall be construed to refer to the	37120
standards prescribed under division (D)(2) of this section, unless	37121
the context specifically indicates a different meaning or intent.	37122

(2) The state board shall formulate and prescribe minimum	37123
standards to be applied to all elementary and secondary schools in	37124
this state for the purpose of requiring a general education of	37125
high quality. Such standards shall provide adequately for: the	37126
licensing of teachers, administrators, and other professional	37127
personnel and their assignment according to training and	37128
qualifications; efficient and effective instructional materials	37129
and equipment, including library facilities; the proper	37130
organization, administration, and supervision of each school,	37131
including regulations for preparing all necessary records and	37132
reports and the preparation of a statement of policies and	37133
objectives for each school; buildings, grounds, health and	37134
sanitary facilities and services; admission of pupils, and such	37135
requirements for their promotion from grade to grade as will	37136
assure that they are capable and prepared for the level of study	37137
to which they are certified; requirements for graduation; and such	37138
other factors as the board finds necessary.	37139

In the formulation and administration of such standards for	37140
nonpublic schools the board shall also consider the particular	37141
needs, methods and objectives of those schools, provided they do	37142
not conflict with the provision of a general education of a high	37143
quality and provided that regular procedures shall be followed for	37144
promotion from grade to grade of pupils who have met the	37145
educational requirements prescribed.	37146

~~(E) May~~In the formulation and administration of such	37147
standards as they relate to instructional materials and equipment	37148
in public schools, including library materials, the board shall	37149
require that the material and equipment be aligned with and	37150
promote skills expected under the statewide academic standards	37151
adopted under section 3301.079 of the Revised Code.	37152

(3) In addition to the minimum standards required by	37153
division (D)(2) of this section, the state board shall formulate	37154
and prescribe the following additional minimum operating	37155
standards for school districts:	37156

(a) Standards for the effective and efficient organization,	37157
administration, and supervision of each school district so that it	37158
becomes a thinking and learning organization according to	37159
principles of systems design and collaborative professional	37160
learning communities research as defined by the superintendent of	37161
public instruction, including a focus on the personalized and	37162
individualized needs of each student; a shared responsibility	37163
among school boards, administrators, faculty, and staff to develop	37164
a common vision, mission, and set of guiding principles; a shared	37165
responsibility among school boards, administrators, faculty, and	37166
staff to engage in a process of collective inquiry, action	37167
orientation, and experimentation to ensure the academic success of	37168
all students; commitment to teaching and learning strategies that	37169
utilize technological tools and emphasize inter-disciplinary,	37170
real world, project-based, technology-oriented, and service	37171
learning experiences to meet the individual needs of every	37172
student; commitment to high expectations for every student and	37173
commitment to closing the achievement gap so that all students	37174
achieve core knowledge and twenty-first century skills in	37175
accordance with the statewide academic standards adopted under	37176
section 3301.079 of the Revised Code; commitment to the use of	37177
assessments to diagnose the needs of each student; effective	37178
connections and relationships with families and community	37179
organizations that support student success; and commitment to the	37180
use of positive behavior intervention supports throughout a	37181
district to ensure a safe and secure learning environment for all	37182
students.	37183

(b) Standards for the establishment of a business advisory	37184
committee and a family and community engagement team in each	37185
school district, under sections 3313.82, 3313.821, and 3313.822 of	37186
the Revised Code.	37187

(c) Standards incorporating the classifications for the	37188
components of the adequacy amount under Chapter 3306. of the	37189
Revised Code into core academic strategy components and academic	37190
improvement components, as specified in rules adopted under	37191
section 3306.25 of the Revised Code;	37192

(d) Standards for school district organizational units, as	37193
defined in sections 3306.02 and 3306.04 of the Revised Code, that	37194
require:	37195

(i) The effective and efficient organization, administration,	37196
and supervision of each school district organizational unit so	37197
that it becomes a thinking and learning organization according to	37198
principles of systems design and collaborative professional	37199
learning communities research as defined by the state	37200
superintendent, including a focus on the personalized and	37201
individualized needs of each student; a shared responsibility	37202
among organizational unit administrators, faculty, and staff to	37203
develop a common vision, mission, and set of guiding principles; a	37204
shared responsibility among organizational unit administrators,	37205
faculty, and staff to engage in a process of collective inquiry,	37206
action orientation, and experimentation to ensure the academic	37207
success of all students; commitment to job embedded professional	37208
development and professional mentoring and coaching; established	37209
periods of time for teachers to pursue planning time for the	37210
development of lesson plans, professional development, and shared	37211
learning; commitment to effective management strategies that	37212
allow administrators reasonable access to classrooms for	37213
observation and professional development experiences; commitment	37214
to teaching and learning strategies that utilize technological	37215
tools and emphasize inter-disciplinary, real world,	37216
project-based, technology-oriented, and service learning	37217
experiences to meet the individual needs of every student;	37218
commitment to high expectations for every student and commitment	37219
to closing the achievement gap so that all students achieve core	37220
knowledge and twenty-first century skills in accordance with the	37221
statewide academic standards adopted under section 3301.079 of the	37222
Revised Code; commitment to the use of assessments to diagnose the	37223
needs of each student; effective connections and relationships	37224
with families and community organizations that support student	37225
success; commitment to the use of positive behavior intervention	37226
supports throughout the organizational unit to ensure a safe and	37227
secure learning environment for all students;	37228

(ii) A school organizational unit leadership team to	37229
coordinate positive behavior intervention supports, family and	37230
community engagement services, learning environments, thinking and	37231
learning systems, collaborative planning, planning time, student	37232
academic interventions, student extended learning opportunities,	37233
and other activities identified by the team and approved by the	37234
district board of education. The team shall include the building	37235
principal, representatives from each collective bargaining unit,	37236
the building lead teacher, parents, business representatives, and	37237
community representatives.	37238

(E) The state board may require as part of the health	37239
curriculum information developed under section 2108.34 of the	37240
Revised Code promoting the donation of anatomical gifts pursuant	37241
to Chapter 2108. of the Revised Code and may provide the	37242
information to high schools, educational service centers, and	37243
joint vocational school district boards of education;	37244

(F) ~~Prepare~~The state board shall prepare and submit annually	37245
to the governor and the general assembly a report on the status,	37246
needs, and major problems of the public schools of the state, with	37247
recommendations for necessary legislative action and a ten-year	37248
projection of the state's public and nonpublic school enrollment,	37249
by year and by grade level;.	37250

(G) ~~Prepare~~The state board shall prepare and submit to the	37251
director of budget and management the biennial budgetary requests	37252
of the state board of education, for its agencies and for the	37253
public schools of the state;.	37254

(H) ~~Cooperate~~The state board shall cooperate with federal,	37255
state, and local agencies concerned with the health and welfare of	37256
children and youth of the state;.	37257

(I) ~~Require~~The state board shall require such reports from	37258
school districts and educational service centers, school officers,	37259
and employees as are necessary and desirable. The superintendents	37260
and treasurers of school districts and educational service centers	37261
shall certify as to the accuracy of all reports required by law or	37262
state board or state department of education rules to be submitted	37263
by the district or educational service center and which contain	37264
information necessary for calculation of state funding. Any	37265
superintendent who knowingly falsifies such report shall be	37266
subject to license revocation pursuant to section 3319.31 of the	37267
Revised Code.	37268

(J) In accordance with Chapter 119. of the Revised Code, the	37269
state board shall adopt procedures, standards, and guidelines for	37270
the education of children with disabilities pursuant to Chapter	37271
3323. of the Revised Code, including procedures, standards, and	37272
guidelines governing programs and services operated by county	37273
boards of mental retardation and developmental disabilities	37274
pursuant to section 3323.09 of the Revised Code;.	37275

(K) For the purpose of encouraging the development of special	37276
programs of education for academically gifted children, the state	37277
board shall employ competent persons to analyze and publish data,	37278
promote research, advise and counsel with boards of education,	37279
and encourage the training of teachers in the special instruction	37280
of gifted children. The board may provide financial assistance	37281
out of any funds appropriated for this purpose to boards of	37282
education and educational service center governing boards for	37283
developing and conducting programs of education for academically	37284
gifted children.	37285

(L) ~~Require~~The state board shall require that all public	37286
schools emphasize and encourage, within existing units of study,	37287
the teaching of energy and resource conservation as recommended	37288
to each district board of education by leading business persons	37289
involved in energy production and conservation, beginning in the	37290
primary grades;.	37291

(M) ~~Formulate~~The state board shall formulate and prescribe	37292
minimum standards requiring the use of phonics as a technique in	37293
the teaching of reading in grades kindergarten through three. In	37294
addition, the state board shall provide in-service training	37295
programs for teachers on the use of phonics as a technique in the	37296
teaching of reading in grades kindergarten through three.	37297

~~(N) Develop and modify as necessary a state plan for~~	37298
~~technology to encourage and promote the use of technological~~	37299
~~advancements in educational settings.~~	37300

The board may adopt rules necessary for carrying out any	37301
function imposed on it by law, and may provide rules as are	37302
necessary for its government and the government of its employees,	37303
and may delegate to the superintendent of public instruction the	37304
management and administration of any function imposed on it by	37305
law. It may provide for the appointment of board members to serve	37306
on temporary committees established by the board for such purposes	37307
as are necessary. Permanent or standing committees shall not be	37308
created.	37309

Compliance with the standards adopted under divisions (B)(2)	37310
and (D) of this section, as they relate to the operation of a	37311
school operated by a school district, may be waived by the state	37312
superintendent pursuant to section 3306.40 of the Revised Code.	37313

As used in this section, "community school" means a community	37314
school established under Chapter 3314. of the Revised Code, and	37315
"STEM school" means a STEM school established under Chapter 3326.	37316
of the Revised Code.	37317

Sec. 3301.073. ~~Upon~~As required by section 3306.33 of the	37318
Revised Code, and otherwise upon the request of the board of	37319
education of any school district, the state board of education	37320
shall furnish technical assistance to the school district in the	37321
preparation of budgets, development of fiscal controls,	37322
preparation of financial statements and reports, revenue	37323
estimating, or in assisting the district in complying with any	37324
certification requirements relating to the district's revenue or	37325
expenditures. The assistance may be in the form of grants,	37326
consultants, or the temporary assignment of employees after	37327
determining in consultation with the district, its needs and the	37328
nature of assistance needed and what assistance the state board of	37329
education can provide within the amounts appropriated for this	37330
purpose. The state board may enter into contracts with the	37331
department of taxation ~~and~~, the auditor of state, and any other	37332
governmental or private entity to perform its duties under this	37333
section.	37334

Sec. 3301.079. (A)(1) Not later than ~~December 31, 2001~~June	37335
30, 2010, and at least once every five years thereafter, the state	37336
board of education shall adopt statewide academic standards with	37337
emphasis on coherence, focus, and rigor for each of grades	37338
kindergarten through twelve in ~~reading, writing, and mathematics.~~	37339
~~Not later than December 31, 2002, the state board shall adopt~~	37340
~~statewide academic standards for each of grades kindergarten~~	37341
~~through twelve in science and social studies. The~~English language	37342
arts, mathematics, science, and social studies.	37343

The standards shall specify the following:

37344

(a) The core academic content and skills that students are	37345
expected to know and be able to do at each grade level.	37346

~~(2)~~that will allow each student to be prepared for	37347
postsecondary instruction and the workplace for success in the	37348
twenty-first century;	37349

(b) The development of skill sets as they relate to	37350
creativity and innovation, critical thinking and problem solving,	37351
and communication and collaboration;	37352

(c) The development of skill sets that promote information,	37353
media, and technological literacy;	37354

(d) The development of skill sets that promote flexibility	37355
and adaptability, initiative and self-direction, social and	37356
cross-cultural skills, productivity and accountability, and	37357
leadership and responsibility;	37358

(e) Interdisciplinary, project-based real world learning	37359
opportunities;	37360

(f) Opportunities for the inclusion of community service	37361
learning.	37362

(2) After completing the standards required by division	37363
(A)(1) of this section, the state board shall adopt standards and	37364
model curricula for instruction in computer literacy, wellness	37365
literacy, financial literacy and entrepreneurship, fine arts, and	37366
foreign language for grades kindergarten through twelve. The	37367
standards shall meet the same requirements prescribed in divisions	37368
(A)(1)(a) to (f) of this section.	37369

(3) The state board shall adopt the most recent standards	37370
developed by the national association for sport and physical	37371
education for physical education in grades kindergarten through	37372
twelve or shall adopt its own standards for physical education in	37373
those grades and revise and update them periodically.	37374

The department shall employ a full-time physical education	37375
coordinator to provide guidance and technical assistance to	37376
districts, community schools, and STEM schools in implementing the	37377
physical education standards adopted under this division. The	37378
superintendent of public instruction shall determine that the	37379
person employed as coordinator is qualified for the position, as	37380
demonstrated by possessing an adequate combination of education,	37381
license, and experience.	37382

(4) When academic standards have been completed for any	37383
subject area required by this ~~division~~section, the state board	37384
shall inform all school districts, all community schools	37385
established under Chapter 3314. of the Revised Code, all STEM	37386
schools established under Chapter 3326. of the Revised Code, and	37387
all nonpublic schools required to administer the assessments	37388
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	37389
of the content of those standards.	37390

(B) Not later than ~~eighteen months after the completion of~~	37391
~~academic standards for any subject area required by division (A)~~	37392
~~of this section~~March 31, 2011, the state board shall adopt a	37393
model curriculum for instruction in ~~that~~each subject area for	37394
which updated academic standards are required by division (A)(1)	37395
of this section and for each of grades kindergarten through twelve	37396
that is sufficient to meet the needs of students in every	37397
community. The model curriculum shall be aligned with the	37398
standards, to ensure that the academic content and skills	37399
specified for each grade level are taught to students, and shall	37400
demonstrate vertical articulation and emphasize coherence, focus,	37401
and rigor. When any model curriculum has been completed, the state	37402
board shall inform all school districts, community schools, and	37403
STEM schools of the content of that model curriculum.	37404

All school districts, community schools, and STEM schools may	37405
utilize the state standards and the model curriculum established	37406
by the state board, together with other relevant resources,	37407
examples, or models to ensure that students have the opportunity	37408
to attain the academic standards. Upon request, the department of	37409
education shall provide technical assistance to any district,	37410
community school, or STEM school in implementing the model	37411
curriculum.	37412

Nothing in this section requires any school district to	37413
utilize all or any part of a model curriculum developed under this	37414
division.	37415

(C) The state board shall develop achievement ~~tests~~	37416
assessments aligned with the academic standards and model	37417
curriculum for each of the subject areas and grade levels required	37418
by divisions (A)(1) and (B)(1) of section 3301.0710 of the Revised	37419
Code.	37420

When any achievement ~~test~~assessment has been completed, the	37421
state board shall inform all school districts, community schools,	37422
STEM schools, and nonpublic schools required to administer the	37423
assessment of its completion, and the department of education	37424
shall make the achievement ~~test~~assessment available to the	37425
districts and schools. ~~School districts shall administer the~~	37426
~~achievement test beginning in the school year indicated in section~~	37427
~~3301.0712 of the Revised Code.~~	37428

(D)(1) The state board shall adopt a diagnostic assessment	37429
aligned with the academic standards and model curriculum for each	37430
of grades kindergarten through two in ~~reading, writing,~~English	37431
language arts and mathematics and for grade three in ~~writing~~	37432
English language arts. The diagnostic assessment shall be	37433
designed to measure student comprehension of academic content and	37434
mastery of related skills for the relevant subject area and grade	37435
level. Any diagnostic assessment shall not include components to	37436
identify gifted students. Blank copies of diagnostic tests shall	37437
be public records.	37438

(2) When each diagnostic assessment has been completed, the	37439
state board shall inform all school districts of its completion	37440
and the department of education shall make the diagnostic	37441
assessment available to the districts at no cost to the district.	37442
School districts shall administer the diagnostic assessment	37443
pursuant to section 3301.0715 of the Revised Code beginning the	37444
first school year following the development of the assessment.	37445

(E) The state board shall not adopt a diagnostic or	37446
achievement assessment for any grade level or subject area other	37447
than those specified in this section.	37448

(F) Whenever the state board or the department of education	37449
consults with persons for the purpose of drafting or reviewing any	37450
standards, diagnostic assessments, achievement ~~tests~~assessments,	37451
or model curriculum required under this section, the state board	37452
or the department shall first consult with parents of students in	37453
kindergarten through twelfth grade and with active Ohio classroom	37454
teachers, other school personnel, and administrators with	37455
expertise in the appropriate subject area. Whenever practicable,	37456
the state board and department shall consult with teachers	37457
recognized as outstanding in their fields.	37458

If the department contracts with more than one outside entity	37459
for the development of the achievement ~~tests~~assessments required	37460
by this section, the department shall ensure the	37461
interchangeability of those ~~tests~~assessments.	37462

~~(F)~~(G) The fairness sensitivity review committee, established	37463
by rule of the state board of education, shall not allow any	37464
question on any achievement ~~test~~ or diagnostic assessment	37465
developed under this section or any proficiency test prescribed by	37466
former section 3301.0710 of the Revised Code, as it existed prior	37467
to September 11, 2001, to include, be written to promote, or	37468
inquire as to individual moral or social values or beliefs. The	37469
decision of the committee shall be final. This section does not	37470
create a private cause of action.	37471

(H) As used in this section:

37472

(1) "Coherence" means a reflection of the structure of the	37473
discipline being taught.	37474

(2) "Focus" means limiting the number of items included in a	37475
curriculum to allow for deeper exploration of the subject matter.	37476

(3) "Rigor" means more challenging and demanding when	37477
compared to international standards.	37478

(4) "Vertical articulation" means key academic concepts and	37479
skills associated with mastery in particular content areas should	37480
be articulated and reinforced in a developmentally appropriate	37481
manner at each grade level so that over time students acquire a	37482
depth of knowledge and understanding in the core academic	37483
disciplines.	37484

Sec. 3301.0710. The state board of education shall adopt	37485
rules establishing a statewide program to ~~test~~assess student	37486
achievement. The state board shall ensure that all ~~tests~~	37487
assessments administered under the ~~testing~~ program are aligned	37488
with the academic standards and model curricula adopted by the	37489
state board and are created with input from Ohio parents, Ohio	37490
classroom teachers, Ohio school administrators, and other Ohio	37491
school personnel pursuant to section 3301.079 of the Revised Code.	37492

The ~~testing~~assessment program shall be designed to ensure	37493
that students who receive a high school diploma demonstrate at	37494
least high school levels of achievement in ~~reading, writing~~	37495
English language arts, mathematics, science, and social studies,	37496
and other skills necessary in the twenty-first century.	37497

(A)(1) The state board shall prescribe all of the following:

37498

(a) Two statewide achievement ~~tests~~assessments, one each	37499
designed to measure the level of ~~reading~~English language arts	37500
and mathematics skill expected at the end of third grade;	37501

(b) ~~Three~~Two statewide achievement ~~tests~~assessments, one	37502
each designed to measure the level of ~~reading, writing,~~English	37503
language arts and mathematics skill expected at the end of fourth	37504
grade;	37505

(c) Four statewide achievement ~~tests~~assessments, one each	37506
designed to measure the level of ~~reading~~English language arts,	37507
mathematics, science, and social studies skill expected at the	37508
end of fifth grade;	37509

(d) Two statewide achievement ~~tests~~assessments, one each	37510
designed to measure the level of ~~reading~~English language arts	37511
and mathematics skill expected at the end of sixth grade;	37512

(e) ~~Three~~Two statewide achievement ~~tests~~assessments, one	37513
each designed to measure the level of ~~reading, writing,~~English	37514
language arts and mathematics skill expected at the end of seventh	37515
grade;	37516

(f) Four statewide achievement ~~tests~~assessments, one each	37517
designed to measure the level of ~~reading~~English language arts,	37518
mathematics, science, and social studies skill expected at the	37519
end of eighth grade.	37520

(2) The state board shall determine and designate at least	37521
~~five~~three ranges of scores on each of the achievement ~~tests~~	37522
assessments described in divisions (A)(1) and (B)(1) of this	37523
section. Each range of scores shall be deemed to demonstrate a	37524
level of achievement so that any student attaining a score within	37525
such range has achieved one of the following:	37526

(a) An advanced level of skill;

37527

(b) ~~An accelerated level of skill;~~

37528

~~(c)~~ A proficient level of skill;

37529

~~(d) A basic level of skill~~;

37530

~~(e)~~(c) A limited level of skill.

37531

(B)(1) The ~~tests~~assessments prescribed under ~~this~~ division	37532
(B)(1) of this section shall collectively be known as the Ohio	37533
graduation tests. The state board shall prescribe five statewide	37534
high school achievement ~~tests~~assessments, one each designed to	37535
measure the level of reading, writing, mathematics, science, and	37536
social studies skill expected at the end of tenth grade. The	37537
state board shall designate a score in at least the range	37538
designated under division (A)(2)~~(c)~~(b) of this section on each	37539
such ~~test~~assessment that shall be deemed to be a passing score	37540
on the ~~test~~assessment as a condition toward granting high school	37541
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	37542
of the Revised Code until the assessment system prescribed by	37543
section 3301.0712 of the Revised Code is implemented in	37544
accordance with rules adopted by the state board under division	37545
(E) of that section.	37546

(2) The state board shall prescribe an assessment system in	37547
accordance with section 3301.0712 of the Revised Code that shall	37548
replace the Ohio graduation tests in the manner prescribed by	37549
rules adopted by the state board under division (E) of that	37550
section.	37551

(3) The state board may enter into a reciprocal agreement	37552
with the appropriate body or agency of any other state that has	37553
similar statewide achievement ~~testing~~assessment requirements for	37554
receiving high school diplomas, under which any student who has	37555
met an achievement ~~testing~~assessment requirement of one state is	37556
recognized as having met the similar ~~achievement testing~~	37557
requirement of the other state for purposes of receiving a high	37558
school diploma. For purposes of this section and sections	37559
3301.0711 and 3313.61 of the Revised Code, any student enrolled in	37560
any public high school in this state who has met an achievement	37561
~~testing~~assessment requirement specified in a reciprocal agreement	37562
entered into under this division shall be deemed to have attained	37563
at least the applicable score designated under this division on	37564
each ~~test~~assessment required by ~~this~~ division (B)(1) or (2) of	37565
this section that is specified in the agreement.	37566

(C) ~~Except as provided in division (H) of this section, the~~	37567
~~state board shall annually designate as follows the dates on which~~	37568
~~the tests prescribed under this section shall be administered:~~	37569

~~(1) For the reading test prescribed under division (A)(1)(a)~~	37570
~~of this section, as follows:~~	37571

~~(a) One date prior to the thirty-first day of December each~~	37572
~~school year;~~	37573

~~(b) At least one date of each school year that is not earlier~~	37574
~~than Monday of the week containing the twenty-fourth day of~~	37575
~~April.~~	37576

~~(2) For the mathematics test prescribed under division~~	37577
~~(A)(1)(a) of this section and the tests prescribed under divisions~~	37578
~~(A)(1)(b), (c), (d), (e), and (f) of this section, at least one~~	37579
~~date of each school year that is not earlier than Monday of the~~	37580
~~week containing the twenty-fourth day of April;~~	37581

~~(3) For the tests prescribed under division (B) of this~~	37582
~~section, at least one date in each school year that is not earlier~~	37583
~~than Monday of the week containing the fifteenth day of March for~~	37584
~~all tenth grade students and at least one date prior to the~~	37585
~~thirty-first day of December and at least one date subsequent to~~	37586
~~that date but prior to the thirty-first day of March of each~~	37587
~~school year for eleventh and twelfth grade students.~~	37588

~~(D) In prescribing test dates pursuant to division (C)(3) of~~	37589
~~this section, the state board shall, to the greatest extent~~	37590
~~practicable, provide options to school districts in the case of~~	37591
~~tests administered under that division to eleventh and twelfth~~	37592
~~grade students and in the case of tests administered to students~~	37593
~~pursuant to division (C)(2) of section 3301.0711 of the Revised~~	37594
~~Code. Such options shall include at least an opportunity for~~	37595
~~school districts to give such tests outside of regular school~~	37596
~~hours.~~	37597

~~(E) In~~The superintendent of public instruction shall	37598
designate dates and times for the administration of the	37599
assessments prescribed by divisions (A) and (B) of this section.	37600

In prescribing ~~test~~administration dates pursuant to this	37601
~~section~~division, the ~~state board of education~~superintendent	37602
shall designate the dates in such a way as to allow a reasonable	37603
length of time between the administration of ~~tests~~assessments	37604
prescribed under this section and any administration of the	37605
~~National Assessment~~national assessment of ~~Education Progress~~	37606
~~Test~~educational progress given to students in the same grade	37607
level pursuant to section 3301.27 of the Revised Code or federal	37608
law.	37609

~~(F)~~(D) The state board shall prescribe a practice version of	37610
each Ohio graduation test described in division (B)(1) of this	37611
section that is of comparable length to the actual test.	37612

~~(G)~~(E) Any committee established by the department of	37613
education for the purpose of making recommendations to the state	37614
board regarding the state board's designation of scores on the	37615
tests described by this section shall inform the state board of	37616
the probable percentage of students who would score in each of	37617
the ranges established under division (A)(2) of this section on	37618
the tests if the committee's recommendations are adopted by the	37619
state board. To the extent possible, these percentages shall be	37620
disaggregated by gender, major racial and ethnic groups, limited	37621
English proficient students, economically disadvantaged students,	37622
students with disabilities, and migrant students.	37623

If the state board intends to make any change to the	37624
committee's recommendations, the state board shall explain the	37625
intended change to the Ohio accountability task force established	37626
by section 3302.021 of the Revised Code. The task force shall	37627
recommend whether the state board should proceed to adopt the	37628
intended change. Nothing in this division shall require the state	37629
board to designate test scores based upon the recommendations of	37630
the task force.	37631

~~(H)(1) The state board shall require any alternate assessment~~	37632
~~administered to a student under division (C)(1) of section~~	37633
~~3301.0711 of the Revised Code to be completed and submitted to the~~	37634
~~entity with which the department contracts for the scoring of the~~	37635
~~test not later than the first day of April of the school year in~~	37636
~~which the test is administered.~~	37637

~~(2) For any test prescribed by this section, the state board~~	37638
~~may designate a date one week earlier than the applicable date~~	37639
~~designated under division (C) of this section for the~~	37640
~~administration of the test to limited English proficient students.~~	37641

~~(3) In designating days for the administration of the tests~~	37642
~~prescribed by division (A) of this section, the state board shall~~	37643
~~require the tests for each grade level to be administered over a~~	37644
~~period of two weeks.~~	37645

Sec. 3301.0711. (A) The department of education shall:

37646

(1) Annually furnish to, grade, and score all ~~tests~~	37647
assessments required by divisions (A)(1) and (B)(1) of section	37648
3301.0710 of the Revised Code to be administered by city, local,	37649
exempted village, and joint vocational school districts, except	37650
that each district shall score any test administered pursuant to	37651
division (B)(10) of this section. Each ~~test~~assessment so	37652
furnished shall include the data verification code of the student	37653
to whom the test will be administered, as assigned pursuant to	37654
division (D)(2) of section 3301.0714 of the Revised Code. In	37655
furnishing the practice versions of Ohio graduation tests	37656
prescribed by division ~~(F)~~(D) of section 3301.0710 of the Revised	37657
Code, the department shall make the tests available on its web	37658
site for reproduction by districts. In awarding contracts for	37659
grading ~~tests~~assessments, the department shall give preference to	37660
Ohio-based entities employing Ohio residents.	37661

(2) Adopt rules for the ethical use of ~~tests~~assessments and	37662
prescribing the manner in which the ~~tests~~assessments prescribed	37663
by section 3301.0710 of the Revised Code shall be administered to	37664
students.	37665

(B) Except as provided in divisions (C) and (J) of this	37666
section, the board of education of each city, local, and exempted	37667
village school district shall, in accordance with rules adopted	37668
under division (A) of this section:	37669

(1) Administer the ~~reading test~~English language arts	37670
prescribed under division (A)(1)(a) of section 3301.0710 of the	37671
Revised Code twice annually to all students in the third grade	37672
who have not attained the score designated for that ~~test~~	37673
assessment under division (A)(2)~~(c)~~(b) of section 3301.0710 of the	37674
Revised Code.	37675

(2) Administer the mathematics ~~test~~assessment prescribed	37676
under division (A)(1)(a) of section 3301.0710 of the Revised Code	37677
at least once annually to all students in the third grade.	37678

(3) Administer the ~~tests~~assessments prescribed under	37679
division (A)(1)(b) of section 3301.0710 of the Revised Code at	37680
least once annually to all students in the fourth grade.	37681

(4) Administer the ~~tests~~assessments prescribed under	37682
division (A)(1)(c) of section 3301.0710 of the Revised Code at	37683
least once annually to all students in the fifth grade.	37684

(5) Administer the ~~tests~~assessments prescribed under	37685
division (A)(1)(d) of section 3301.0710 of the Revised Code at	37686
least once annually to all students in the sixth grade.	37687

(6) Administer the ~~tests~~assessments prescribed under	37688
division (A)(1)(e) of section 3301.0710 of the Revised Code at	37689
least once annually to all students in the seventh grade.	37690

(7) Administer the ~~tests~~assessments prescribed under	37691
division (A)(1)(f) of section 3301.0710 of the Revised Code at	37692
least once annually to all students in the eighth grade.	37693

(8) Except as provided in division (B)(9) of this section,	37694
administer any ~~test~~assessment prescribed under division (B)(1) of	37695
section 3301.0710 of the Revised Code as follows:	37696

(a) At least once annually to all tenth grade students and at	37697
least twice annually to all students in eleventh or twelfth grade	37698
who have not yet attained the score on that ~~test~~assessment	37699
designated under that division;	37700

(b) To any person who has successfully completed the	37701
curriculum in any high school or the individualized education	37702
program developed for the person by any high school pursuant to	37703
section 3323.08 of the Revised Code but has not received a high	37704
school diploma and who requests to take such ~~test~~assessment, at	37705
any time such test is administered in the district.	37706

(9) In lieu of the board of education of any city, local, or	37707
exempted village school district in which the student is also	37708
enrolled, the board of a joint vocational school district shall	37709
administer any ~~test~~assessment prescribed under division (B)(1) of	37710
section 3301.0710 of the Revised Code at least twice annually to	37711
any student enrolled in the joint vocational school district who	37712
has not yet attained the score on that ~~test~~assessment designated	37713
under that division. A board of a joint vocational school district	37714
may also administer such ~~a test~~an assessment to any student	37715
described in division (B)(8)(b) of this section.	37716

(10) If the district has been declared to be under an	37717
academic watch or in a state of academic emergency pursuant to	37718
section 3302.03 of the Revised Code or has a three-year average	37719
graduation rate of not more than seventy-five per cent, administer	37720
each ~~test~~assessment prescribed by division ~~(F)~~(D) of section	37721
3301.0710 of the Revised Code in September to all ninth grade	37722
students, beginning in the school year that starts July 1, 2005.	37723

Except as provided in section 3313.614 of the Revised Code	37724
for administration of an assessment to a person who has fulfilled	37725
the curriculum requirement for a high school diploma but has not	37726
passed one or more of the required assessments, the assessments	37727
prescribed under division (B)(1) of section 3301.0710 of the	37728
Revised Code and the practice assessments prescribed under	37729
division (D) of that section and required to be administered under	37730
divisions (B)(8), (9), and (10) of this section shall not be	37731
administered after the assessment system prescribed by division	37732
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	37733
Code is implemented under rule of the state board adopted under	37734
division (E)(1) of section 3301.0712 of the Revised Code.	37735

(11) Administer the assessments prescribed by division (B)(2)	37736
of section 3301.0710 and section 3301.0712 of the Revised Code in	37737
accordance with the timeline and plan for implementation of those	37738
assessments prescribed by rule of the state board adopted under	37739
division (E)(1) of section 3301.0712 of the Revised Code.	37740

(C)(1)(a) Any student receiving special education services	37741
under Chapter 3323. of the Revised Code may be excused from taking	37742
any particular ~~test~~assessment required to be administered under	37743
this section if the individualized education program developed	37744
for the student pursuant to section 3323.08 of the Revised Code	37745
excuses the student from taking that ~~test~~assessment and instead	37746
specifies an alternate assessment method approved by the	37747
department of education as conforming to requirements of federal	37748
law for receipt of federal funds for disadvantaged pupils. To the	37749
extent possible, the individualized education program shall not	37750
excuse the student from taking ~~a test~~an assessment unless no	37751
reasonable accommodation can be made to enable the student to	37752
take the ~~test~~assessment.	37753

(b) Any alternate assessment approved by the department for a	37754
student under this division shall produce measurable results	37755
comparable to those produced by the ~~tests which the alternate~~	37756
~~assessments are replacing~~assessment it replaces in order to allow	37757
for the student's ~~assessment~~ results to be included in the data	37758
compiled for a school district or building under section 3302.03	37759
of the Revised Code.	37760

(c) Any student enrolled in a chartered nonpublic school who	37761
has been identified, based on an evaluation conducted in	37762
accordance with section 3323.03 of the Revised Code or section 504	37763
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	37764
794, as amended, as a child with a disability shall be excused	37765
from taking any particular ~~test~~assessment required to be	37766
administered under this section if a plan developed for the	37767
student pursuant to rules adopted by the state board excuses the	37768
student from taking that ~~test~~assessment. In the case of any	37769
student so excused from taking ~~a test~~an assessment, the chartered	37770
nonpublic school shall not prohibit the student from taking the	37771
~~test~~assessment.	37772

(2) A district board may, for medical reasons or other good	37773
cause, excuse a student from taking ~~a test~~an assessment	37774
administered under this section on the date scheduled, but ~~any~~	37775
~~such test~~that assessment shall be administered to ~~such~~the	37776
excused student not later than nine days following the scheduled	37777
date. The district board shall annually report the number of	37778
students who have not taken one or more of the ~~tests~~assessments	37779
required by this section to the state board of education not later	37780
than the thirtieth day of June.	37781

(3) As used in this division, "limited English proficient	37782
student" has the same meaning as in 20 U.S.C. 7801.	37783

No school district board shall excuse any limited English	37784
proficient student from taking any particular ~~test~~assessment	37785
required to be administered under this section, except that any	37786
limited English proficient student who has been enrolled in	37787
United States schools for less than one full school year shall	37788
not be required to take any ~~such~~ reading or, writing ~~test~~, or	37789
English language arts assessment. However, no board shall prohibit	37790
a limited English proficient student who is not required to take a	37791
~~test~~an assessment under this division from taking the ~~test~~	37792
assessment. A board may permit any limited English proficient	37793
student to take ~~any test~~an assessment required to be	37794
administered under this section with appropriate accommodations,	37795
as determined by the department. For each limited English	37796
proficient student, each school district shall annually assess	37797
that student's progress in learning English, in accordance with	37798
procedures approved by the department.	37799

The governing authority of a chartered nonpublic school may	37800
excuse a limited English proficient student from taking any ~~test~~	37801
assessment administered under this section. However, no governing	37802
authority shall prohibit a limited English proficient student	37803
from taking the ~~test~~assessment.	37804

(D)(1) In the school year next succeeding the school year in	37805
which the ~~tests~~assessments prescribed by division (A)(1) or	37806
(B)(1) of section 3301.0710 of the Revised Code or former division	37807
(A)(1), (A)(2), or (B) of section 3301.0710 of the Revised Code	37808
as it existed prior to September 11, 2001, are administered to	37809
any student, the board of education of any school district in	37810
which the student is enrolled in that year shall provide to the	37811
student intervention services commensurate with the student's ~~test~~	37812
performance, including any intensive intervention required under	37813
section 3313.608 of the Revised Code, in any skill in which the	37814
student failed to demonstrate at least a score at the proficient	37815
level on the ~~test~~assessment.	37816

(2) Following any administration of the ~~tests~~assessments	37817
prescribed by division ~~(F)~~(D) of section 3301.0710 of the Revised	37818
Code to ninth grade students, each school district that has a	37819
three-year average graduation rate of not more than seventy-five	37820
per cent shall determine for each high school in the district	37821
whether the school shall be required to provide intervention	37822
services to any students who took the ~~tests~~assessments. In	37823
determining which high schools shall provide intervention	37824
services based on the resources available, the district shall	37825
consider each school's graduation rate and scores on the practice	37826
~~tests~~assessments. The district also shall consider the scores	37827
received by ninth grade students on the ~~reading~~English language	37828
arts and mathematics ~~tests~~assessments prescribed under division	37829
(A)(1)(f) of section 3301.0710 of the Revised Code in the eighth	37830
grade in determining which high schools shall provide	37831
intervention services.	37832

Each high school selected to provide intervention services	37833
under this division shall provide intervention services to any	37834
student whose ~~test~~ results indicate that the student is failing to	37835
make satisfactory progress toward being able to attain scores at	37836
the proficient level on the Ohio graduation tests. Intervention	37837
services shall be provided in any skill in which a student	37838
demonstrates unsatisfactory progress and shall be commensurate	37839
with the student's ~~test~~ performance. Schools shall provide the	37840
intervention services prior to the end of the school year, during	37841
the summer following the ninth grade, in the next succeeding	37842
school year, or at any combination of those times.	37843

(E) Except as provided in section 3313.608 of the Revised	37844
Code and division (M) of this section, no school district board of	37845
education shall utilize any student's failure to attain a	37846
specified score on ~~any test~~an assessment administered under this	37847
section as a factor in any decision to deny the student promotion	37848
to a higher grade level. However, a district board may choose not	37849
to promote to the next grade level any student who does not take	37850
~~any test~~an assessment administered under this section or make up	37851
~~such test~~an assessment as provided by division (C)(2) of this	37852
section and who is not exempt from the requirement to take the	37853
~~test~~assessment under division (C)(3) of this section.	37854

(F) No person shall be charged a fee for taking any ~~test~~	37855
assessment administered under this section.	37856

(G)(1) Each school district board shall designate one	37857
location for the collection of ~~tests~~assessments administered in	37858
the spring under division (B)(1) of this section and ~~the tests~~	37859
those administered under divisions (B)(2) to (7) of this section.	37860
Each district board shall submit the ~~tests~~assessments to the	37861
entity with which the department contracts for the scoring of the	37862
~~tests~~assessments as follows:	37863

(a) If the district's total enrollment in grades kindergarten	37864
through twelve during the first full school week of October was	37865
less than two thousand five hundred, not later than the Friday	37866
after all of the ~~tests~~assessments have been administered;	37867

(b) If the district's total enrollment in grades kindergarten	37868
through twelve during the first full school week of October was	37869
two thousand five hundred or more, but less than seven thousand,	37870
not later than the Monday after all of the ~~tests~~assessments have	37871
been administered;	37872

(c) If the district's total enrollment in grades kindergarten	37873
through twelve during the first full school week of October was	37874
seven thousand or more, not later than the Tuesday after all of	37875
the ~~tests~~assessments have been administered.	37876

However, any ~~such test~~assessment that a student takes during	37877
the make-up period described in division (C)(2) of this section	37878
shall be submitted not later than the Friday following the day	37879
the student takes the ~~test~~assessment.	37880

(2) The department or an entity with which the department	37881
contracts for the scoring of the ~~test~~assessment shall send to	37882
each school district board a list of the individual ~~test~~ scores	37883
of all persons taking ~~any test~~an assessment prescribed by	37884
division (A)(1) or (B)(1) of section 3301.0710 of the Revised	37885
Code within sixty days after its administration, but in no case	37886
shall the scores be returned later than the fifteenth day of June	37887
following the administration. For ~~any tests~~assessments	37888
administered under this section by a joint vocational school	37889
district, the department or entity shall also send to each city,	37890
local, or exempted village school district a list of the	37891
individual ~~test~~ scores of any students of such city, local, or	37892
exempted village school district who are attending school in the	37893
joint vocational school district.	37894

(H) Individual ~~test~~ scores on any ~~tests~~assessments	37895
administered under this section shall be released by a district	37896
board only in accordance with section 3319.321 of the Revised Code	37897
and the rules adopted under division (A) of this section. No	37898
district board or its employees shall utilize individual or	37899
aggregate ~~test~~ results in any manner that conflicts with rules for	37900
the ethical use of ~~tests~~assessments adopted pursuant to division	37901
(A) of this section.	37902

(I) Except as provided in division (G) of this section, the	37903
department or an entity with which the department contracts for	37904
the scoring of the ~~test~~assessment shall not release any	37905
individual ~~test~~ scores on any ~~test~~assessment administered under	37906
this section. The state board of education shall adopt rules to	37907
ensure the protection of student confidentiality at all times.	37908
The rules may require the use of the data verification codes	37909
assigned to students pursuant to division (D)(2) of section	37910
3301.0714 of the Revised Code to protect the confidentiality of	37911
student ~~test~~ scores.	37912

(J) Notwithstanding division (D) of section 3311.52 of the	37913
Revised Code, this section does not apply to the board of	37914
education of any cooperative education school district except as	37915
provided under rules adopted pursuant to this division.	37916

(1) In accordance with rules that the state board of	37917
education shall adopt, the board of education of any city,	37918
exempted village, or local school district with territory in a	37919
cooperative education school district established pursuant to	37920
divisions (A) to (C) of section 3311.52 of the Revised Code may	37921
enter into an agreement with the board of education of the	37922
cooperative education school district for administering any ~~test~~	37923
assessment prescribed under this section to students of the city,	37924
exempted village, or local school district who are attending	37925
school in the cooperative education school district.	37926

(2) In accordance with rules that the state board of	37927
education shall adopt, the board of education of any city,	37928
exempted village, or local school district with territory in a	37929
cooperative education school district established pursuant to	37930
section 3311.521 of the Revised Code shall enter into an agreement	37931
with the cooperative district that provides for the administration	37932
of any ~~test~~assessment prescribed under this section to both of	37933
the following:	37934

(a) Students who are attending school in the cooperative	37935
district and who, if the cooperative district were not	37936
established, would be entitled to attend school in the city,	37937
local, or exempted village school district pursuant to section	37938
3313.64 or 3313.65 of the Revised Code;	37939

(b) Persons described in division (B)(8)(b) of this section.

37940

Any ~~testing~~assessment of students pursuant to such an	37941
agreement shall be in lieu of any ~~testing~~assessment of such	37942
students or persons pursuant to this section.	37943

(K)(1) As a condition of compliance with section 3313.612 of	37944
the Revised Code, each chartered nonpublic school that educates	37945
students in grades nine through twelve shall administer the	37946
assessments prescribed by divisions (B)(1) and (2) of section	37947
3301.0710 of the Revised Code. Any chartered nonpublic school may	37948
participate in the ~~testing~~assessment program by administering any	37949
of the ~~tests~~assessments prescribed by division (A) of section	37950
3301.0710 ~~or 3301.0712~~ of the Revised Code ~~if the~~. The chief	37951
administrator of the school ~~specifies~~shall specify which ~~tests~~	37952
assessments the school ~~wishes to~~will administer. Such	37953
specification shall be made in writing to the superintendent of	37954
public instruction prior to the first day of August of any school	37955
year in which ~~tests~~assessments are administered and shall include	37956
a pledge that the nonpublic school will administer the specified	37957
~~tests~~assessments in the same manner as public schools are	37958
required to do under this section and rules adopted by the	37959
department.	37960

(2) The department of education shall furnish the ~~tests~~	37961
assessments prescribed by section 3301.0710 or 3301.0712 of the	37962
Revised Code to ~~any~~each chartered nonpublic school ~~electing to~~	37963
~~participate~~that participates under this division.	37964

(L)(1) The superintendent of the state school for the blind	37965
and the superintendent of the state school for the deaf shall	37966
administer the ~~tests~~assessments described by ~~section~~sections	37967
3301.0710 and 3301.0712 of the Revised Code. Each superintendent	37968
shall administer the ~~tests~~assessments in the same manner as	37969
district boards are required to do under this section and rules	37970
adopted by the department of education and in conformity with	37971
division (C)(1)(a) of this section.	37972

(2) The department of education shall furnish the ~~tests~~	37973
assessments described by ~~section~~sections 3301.0710 and 3301.0712	37974
of the Revised Code to each superintendent.	37975

(M) Notwithstanding division (E) of this section, a school	37976
district may use a student's failure to attain a score in at least	37977
the ~~basic~~proficient range on the mathematics ~~test~~assessment	37978
described by division (A)(1)(a) of section 3301.0710 of the	37979
Revised Code or on ~~any of the tests~~an assessment described by	37980
division (A)(1)(b), (c), (d), (e), or (f) of section 3301.0710	37981
of the Revised Code as a factor in retaining that student in the	37982
current grade level.	37983

(N)(1) In the manner specified in divisions (N)(3) ~~to (5)~~and	37984
(4) of this section, the ~~tests~~assessments required by division	37985
(A)(1) of section 3301.0710 of the Revised Code shall become	37986
public records pursuant to section 149.43 of the Revised Code on	37987
the first day of July following the school year that the ~~test was~~	37988
assessments were administered.	37989

(2) The department may field test proposed ~~test~~ questions	37990
with samples of students to determine the validity, reliability,	37991
or appropriateness of ~~test~~ questions for possible inclusion in a	37992
future year's ~~test~~assessment. The department also may use anchor	37993
questions on ~~tests~~assessments to ensure that different versions	37994
of the same test are of comparable difficulty.	37995

Field test questions and anchor questions shall not be	37996
considered in computing ~~test~~ scores for individual students. Field	37997
test questions and anchor questions may be included as part of the	37998
administration of any ~~test~~assessment required by division (A)(1)	37999
or (B)(1) of section 3301.0710 of the Revised Code.	38000

(3) Any field test question or anchor question administered	38001
under division (N)(2) of this section shall not be a public	38002
record. Such field test questions and anchor questions shall be	38003
redacted from any ~~tests~~assessments which are released as a public	38004
record pursuant to division (N)(1) of this section.	38005

(4) This division applies to the ~~tests~~assessments prescribed	38006
by division (A) of section 3301.0710 of the Revised Code.	38007

(a) The first administration of each ~~test~~assessment, as	38008
specified in former section 3301.0712 of the Revised Code, shall	38009
be a public record.	38010

(b) For subsequent administrations of each ~~test~~assessment,	38011
not less than forty per cent of the questions on the ~~test~~	38012
assessment that are used to compute a student's score shall be a	38013
public record. The department shall determine which questions	38014
will be needed for reuse on a future ~~test~~assessment and those	38015
questions shall not be public records and shall be redacted from	38016
the ~~test~~assessment prior to its release as a public record.	38017
However, for each redacted question, the department shall inform	38018
each city, local, and exempted village school district of the	38019
statewide academic standard adopted by the state board of	38020
education under section 3301.079 of the Revised Code and the	38021
corresponding benchmark to which the question relates. The	38022
preceding sentence does not apply to field test questions that are	38023
redacted under division (N)(3) of this section.	38024

(5) Each ~~test~~assessment prescribed by division (B)(1) of	38025
section 3301.0710 of the Revised Code ~~that is administered in the~~	38026
~~spring shall be a public record. Each test prescribed by that~~	38027
~~division that is administered in the fall or summer~~ shall not be	38028
a public record.	38029

(O) As used in this section:

38030

(1) "Three-year average" means the average of the most recent	38031
consecutive three school years of data.	38032

(2) "Dropout" means a student who withdraws from school	38033
before completing course requirements for graduation and who is	38034
not enrolled in an education program approved by the state board	38035
of education or an education program outside the state. "Dropout"	38036
does not include a student who has departed the country.	38037

(3) "Graduation rate" means the ratio of students receiving a	38038
diploma to the number of students who entered ninth grade four	38039
years earlier. Students who transfer into the district are added	38040
to the calculation. Students who transfer out of the district for	38041
reasons other than dropout are subtracted from the calculation. If	38042
a student who was a dropout in any previous year returns to the	38043
same school district, that student shall be entered into the	38044
calculation as if the student had entered ninth grade four years	38045
before the graduation year of the graduating class that the	38046
student joins.	38047

Sec. 3301.0712. (A) The state board of education, the	38048
superintendent of public instruction, and the chancellor of the	38049
Ohio board of regents shall develop a system of assessments as	38050
described in divisions (B)(1) to (4) of this section to assess	38051
whether each student upon graduating from high school is college	38052
or career ready. The system shall replace the Ohio graduation	38053
tests prescribed in division (B)(1) of section 3301.0710 of the	38054
Revised Code as a measure of student academic performance and a	38055
prerequisite for eligibility for a high school diploma in the	38056
manner prescribed by rule of the state board adopted under	38057
division (E) of this section.	38058

(B) The assessment system shall consist of the following:

38059

(1) A nationally standardized assessment that measures	38060
competencies in science, mathematics, and English language arts	38061
selected jointly by the state superintendent and the chancellor.	38062

(2) A series of end-of-course examinations in the areas of	38063
science, mathematics, English language arts, and social studies	38064
selected jointly by the state superintendent and the chancellor in	38065
consultation with faculty in the appropriate subject areas at	38066
institutions of higher education of the university system of Ohio.	38067

(3) A community service learning project developed and	38068
completed by each student in accordance with section 3313.605 of	38069
the Revised Code. The purpose of the community service learning	38070
project is to assess the student's:	38071

(a) Awareness of the importance of civic responsibility and	38072
community service;	38073

(b) Leadership skills;

38074

38075

(d) Cultural awareness and global competence; and

38076

(e) Flexibility, adaptability, and self-direction.

38077

The community service learning project shall promote learning	38078
through active participation, provide structured time for the	38079
student to reflect, provide opportunities to use skills and	38080
knowledge in real-life situations, extend learning beyond the	38081
classroom, and foster a sense of caring for others.	38082

(4) A senior project completed by a student or a group of	38083
students. The purpose of the senior project is to assess the	38084
student's:	38085

(a) Mastery of core knowledge in a subject area chosen by the	38086
student;	38087

(b) Written and verbal communication skills;

38088

38089

(d) Real world and interdisciplinary learning;

38090

(e) Creative and innovative thinking;

38091

(f) Acquired technology, information, and media skills; and

38092

(g) Personal management skills such as self-direction, time	38093
management, work ethic, enthusiasm, and the desire to produce a	38094
high quality product.	38095

The state superintendent and the chancellor jointly shall	38096
develop standards for the senior project for students	38097
participating in dual enrollment programs.	38098

(C)(1) The state superintendent and the chancellor jointly	38099
shall designate the scoring rubrics and the required overall	38100
composite score for the assessment system to assess whether each	38101
student is college or career ready.	38102

(2) Each community service learning project and senior	38103
project shall be judged by the student's high school in accordance	38104
with rubrics designated by the state superintendent and the	38105
chancellor.	38106

(D) Not later than thirty days after the state board adopts	38107
the model curricula required by division (B) of section 3301.079	38108
of the Revised Code, the state board shall convene a group of	38109
national experts, state experts, and local practitioners to	38110
provide advice, guidance, and recommendations for the alignment	38111
of standards and model curricula to the assessments and in the	38112
design of the end-of-course examinations and scoring rubrics	38113
prescribed by this section.	38114

(E) Upon completion of the development of the assessment	38115
system, the state board shall adopt rules prescribing all of the	38116
following:	38117

(1) A timeline and plan for implementation of the assessment	38118
system, including a phased implementation if the state board	38119
determines such a phase-in is warranted;	38120

(2) The date after which a person entering ninth grade shall	38121
attain at least the composite score for the entire assessment	38122
system as a prerequisite for a high school diploma under sections	38123
3313.61, 3313.612, or 3325.08 of the Revised Code;	38124

(3) The date after which a person shall attain at least the	38125
composite score for the entire assessment system as a prerequisite	38126
for a diploma of adult education under section 3313.611 of the	38127
Revised Code;	38128

(4) Whether and the extent to which a person may be excused	38129
from a social studies end-of-course examination under division (H)	38130
of section 3313.61 and division (B)(2) of section 3313.612 of the	38131
Revised Code;	38132

(5) The date after which a person who has fulfilled the	38133
curriculum requirement for a diploma but has not passed one or	38134
more of the required assessments at the time the person fulfilled	38135
the curriculum requirement shall attain at least the composite	38136
score for the entire assessment system as a prerequisite for a	38137
high school diploma under division (B) of section 3313.614 of the	38138
Revised Code;	38139

(6) The extent to which the assessment system applies to	38140
students enrolled in a dropout recovery and prevention program for	38141
purposes of division (F) of section 3313.603 and section 3314.36	38142
of the Revised Code.	38143

No rule adopted under this division shall be effective	38144
earlier than one year after the date the rule is filed in final	38145
form pursuant to Chapter 119. of the Revised Code.	38146

Sec. 3301.0714. (A) The state board of education shall adopt	38147
rules for a statewide education management information system. The	38148
rules shall require the state board to establish guidelines for	38149
the establishment and maintenance of the system in accordance with	38150
this section and the rules adopted under this section. The	38151
guidelines shall include:	38152

(1) Standards identifying and defining the types of data in	38153
the system in accordance with divisions (B) and (C) of this	38154
section;	38155

(2) Procedures for annually collecting and reporting the data	38156
to the state board in accordance with division (D) of this	38157
section;	38158

(3) Procedures for annually compiling the data in accordance	38159
with division (G) of this section;	38160

(4) Procedures for annually reporting the data to the public	38161
in accordance with division (H) of this section.	38162

(B) The guidelines adopted under this section shall require	38163
the data maintained in the education management information system	38164
to include at least the following:	38165

(1) Student participation and performance data, for each	38166
grade in each school district as a whole and for each grade in	38167
each school building in each school district, that includes:	38168

(a) The numbers of students receiving each category of	38169
instructional service offered by the school district, such as	38170
regular education instruction, vocational education instruction,	38171
specialized instruction programs or enrichment instruction that is	38172
part of the educational curriculum, instruction for gifted	38173
students, instruction for students with disabilities, and	38174
remedial instruction. The guidelines shall require instructional	38175
services under this division to be divided into discrete	38176
categories if an instructional service is limited to a specific	38177
subject, a specific type of student, or both, such as regular	38178
instructional services in mathematics, remedial reading	38179
instructional services, instructional services specifically for	38180
students gifted in mathematics or some other subject area, or	38181
instructional services for students with a specific type of	38182
disability. The categories of instructional services required by	38183
the guidelines under this division shall be the same as the	38184
categories of instructional services used in determining cost	38185
units pursuant to division (C)(3) of this section.	38186

(b) The numbers of students receiving support or	38187
extracurricular services for each of the support services or	38188
extracurricular programs offered by the school district, such as	38189
counseling services, health services, and extracurricular sports	38190
and fine arts programs. The categories of services required by the	38191
guidelines under this division shall be the same as the categories	38192
of services used in determining cost units pursuant to division	38193
(C)(4)(a) of this section.	38194

(c) Average student grades in each subject in grades nine	38195
through twelve;	38196

(d) Academic achievement levels as assessed ~~by the testing of~~	38197
~~student achievement~~ under sections 3301.0710 ~~and~~, 3301.0711, and	38198
3301.0712 of the Revised Code;	38199

(e) The number of students designated as having a disabling	38200
condition pursuant to division (C)(1) of section 3301.0711 of the	38201
Revised Code;	38202

(f) The numbers of students reported to the state board	38203
pursuant to division (C)(2) of section 3301.0711 of the Revised	38204
Code;	38205

(g) Attendance rates and the average daily attendance for the	38206
year. For purposes of this division, a student shall be counted as	38207
present for any field trip that is approved by the school	38208
administration.	38209

(h) Expulsion rates;

38210

(i) Suspension rates;

38211

(j) ~~The percentage of students receiving corporal punishment;~~

38212

~~(k)~~ Dropout rates;

38213

~~(l)~~(k) Rates of retention in grade;

38214

~~(m)~~(l) For pupils in grades nine through twelve, the average	38215
number of carnegie units, as calculated in accordance with state	38216
board of education rules;	38217

~~(n)~~(m) Graduation rates, to be calculated in a manner	38218
specified by the department of education that reflects the rate at	38219
which students who were in the ninth grade three years prior to	38220
the current year complete school and that is consistent with	38221
nationally accepted reporting requirements;	38222

~~(o)~~(n) Results of diagnostic assessments administered to	38223
kindergarten students as required under section 3301.0715 of the	38224
Revised Code to permit a comparison of the academic readiness of	38225
kindergarten students. However, no district shall be required to	38226
report to the department the results of any diagnostic assessment	38227
administered to a kindergarten student if the parent of that	38228
student requests the district not to report those results.	38229

(o) Aggregate results of kindergarten and first grade	38230
hearing, vision, speech and communications, health and medical,	38231
and developmental screenings required under section 3313.673 of	38232
the Revised Code.	38233

(2) Personnel and classroom enrollment data for each school	38234
district, including:	38235

(a) The total numbers of licensed employees and nonlicensed	38236
employees and the numbers of full-time equivalent licensed	38237
employees and nonlicensed employees providing each category of	38238
instructional service, instructional support service, and	38239
administrative support service used pursuant to division (C)(3) of	38240
this section. The guidelines adopted under this section shall	38241
require these categories of data to be maintained for the school	38242
district as a whole and, wherever applicable, for each grade in	38243
the school district as a whole, for each school building as a	38244
whole, and for each grade in each school building.	38245

(b) The total number of employees and the number of full-time	38246
equivalent employees providing each category of service used	38247
pursuant to divisions (C)(4)(a) and (b) of this section, and the	38248
total numbers of licensed employees and nonlicensed employees and	38249
the numbers of full-time equivalent licensed employees and	38250
nonlicensed employees providing each category used pursuant to	38251
division (C)(4)(c) of this section. The guidelines adopted under	38252
this section shall require these categories of data to be	38253
maintained for the school district as a whole and, wherever	38254
applicable, for each grade in the school district as a whole, for	38255
each school building as a whole, and for each grade in each school	38256
building.	38257

(c) The total number of regular classroom teachers teaching	38258
classes of regular education and the average number of pupils	38259
enrolled in each such class, in each of grades kindergarten	38260
through five in the district as a whole and in each school	38261
building in the school district.	38262

(d) The number of ~~master~~lead teachers employed by each	38263
school district and each school building~~, once a definition of~~	38264
~~master teacher has been developed by the educator standards board~~	38265
~~pursuant to section 3319.61 of the Revised Code~~.	38266

(3)(a) Student demographic data for each school district,	38267
including information regarding the gender ratio of the school	38268
district's pupils, the racial make-up of the school district's	38269
pupils, the number of limited English proficient students in the	38270
district, and an appropriate measure of the number of the school	38271
district's pupils who reside in economically disadvantaged	38272
households. The demographic data shall be collected in a manner to	38273
allow correlation with data collected under division (B)(1) of	38274
this section. Categories for data collected pursuant to division	38275
(B)(3) of this section shall conform, where appropriate, to	38276
standard practices of agencies of the federal government.	38277

(b) With respect to each student entering kindergarten,	38278
whether the student previously participated in a public preschool	38279
program, a private preschool program, or a head start program, and	38280
the number of years the student participated in each of these	38281
programs.	38282

(4) Any data required to be collected pursuant to federal	38283
law.	38284

(C) The education management information system shall include	38285
cost accounting data for each district as a whole and for each	38286
school building in each school district. The guidelines adopted	38287
under this section shall require the cost data for each school	38288
district to be maintained in a system of mutually exclusive cost	38289
units and shall require all of the costs of each school district	38290
to be divided among the cost units. The guidelines shall require	38291
the system of mutually exclusive cost units to include at least	38292
the following:	38293

(1) Administrative costs for the school district as a whole.	38294
The guidelines shall require the cost units under this division	38295
(C)(1) to be designed so that each of them may be compiled and	38296
reported in terms of average expenditure per pupil in formula ADM	38297
in the school district, as determined pursuant to section 3317.03	38298
of the Revised Code.	38299

(2) Administrative costs for each school building in the	38300
school district. The guidelines shall require the cost units under	38301
this division (C)(2) to be designed so that each of them may be	38302
compiled and reported in terms of average expenditure per	38303
full-time equivalent pupil receiving instructional or support	38304
services in each building.	38305

(3) Instructional services costs for each category of	38306
instructional service provided directly to students and required	38307
by guidelines adopted pursuant to division (B)(1)(a) of this	38308
section. The guidelines shall require the cost units under	38309
division (C)(3) of this section to be designed so that each of	38310
them may be compiled and reported in terms of average expenditure	38311
per pupil receiving the service in the school district as a whole	38312
and average expenditure per pupil receiving the service in each	38313
building in the school district and in terms of a total cost for	38314
each category of service and, as a breakdown of the total cost, a	38315
cost for each of the following components:	38316

(a) The cost of each instructional services category required	38317
by guidelines adopted under division (B)(1)(a) of this section	38318
that is provided directly to students by a classroom teacher;	38319

(b) The cost of the instructional support services, such as	38320
services provided by a speech-language pathologist, classroom	38321
aide, multimedia aide, or librarian, provided directly to students	38322
in conjunction with each instructional services category;	38323

(c) The cost of the administrative support services related	38324
to each instructional services category, such as the cost of	38325
personnel that develop the curriculum for the instructional	38326
services category and the cost of personnel supervising or	38327
coordinating the delivery of the instructional services category.	38328

(4) Support or extracurricular services costs for each	38329
category of service directly provided to students and required by	38330
guidelines adopted pursuant to division (B)(1)(b) of this section.	38331
The guidelines shall require the cost units under division (C)(4)	38332
of this section to be designed so that each of them may be	38333
compiled and reported in terms of average expenditure per pupil	38334
receiving the service in the school district as a whole and	38335
average expenditure per pupil receiving the service in each	38336
building in the school district and in terms of a total cost for	38337
each category of service and, as a breakdown of the total cost, a	38338
cost for each of the following components:	38339

(a) The cost of each support or extracurricular services	38340
category required by guidelines adopted under division (B)(1)(b)	38341
of this section that is provided directly to students by a	38342
licensed employee, such as services provided by a guidance	38343
counselor or any services provided by a licensed employee under a	38344
supplemental contract;	38345

(b) The cost of each such services category provided directly	38346
to students by a nonlicensed employee, such as janitorial	38347
services, cafeteria services, or services of a sports trainer;	38348

(c) The cost of the administrative services related to each	38349
services category in division (C)(4)(a) or (b) of this section,	38350
such as the cost of any licensed or nonlicensed employees that	38351
develop, supervise, coordinate, or otherwise are involved in	38352
administering or aiding the delivery of each services category.	38353

(D)(1) The guidelines adopted under this section shall	38354
require school districts to collect information about individual	38355
students, staff members, or both in connection with any data	38356
required by division (B) or (C) of this section or other reporting	38357
requirements established in the Revised Code. The guidelines may	38358
also require school districts to report information about	38359
individual staff members in connection with any data required by	38360
division (B) or (C) of this section or other reporting	38361
requirements established in the Revised Code. The guidelines shall	38362
not authorize school districts to request social security numbers	38363
of individual students. The guidelines shall prohibit the	38364
reporting under this section of a student's name, address, and	38365
social security number to the state board of education or the	38366
department of education. The guidelines shall also prohibit the	38367
reporting under this section of any personally identifiable	38368
information about any student, except for the purpose of assigning	38369
the data verification code required by division (D)(2) of this	38370
section, to any other person unless such person is employed by the	38371
school district or the information technology center operated	38372
under section 3301.075 of the Revised Code and is authorized by	38373
the district or technology center to have access to such	38374
information or is employed by an entity with which the department	38375
contracts for the scoring of ~~tests~~assessments administered under	38376
section 3301.0711 ~~or 3301.0712~~ of the Revised Code. The	38377
guidelines may require school districts to provide the social	38378
security numbers of individual staff members.	38379

(2) The guidelines shall provide for each school district or	38380
community school to assign a data verification code that is unique	38381
on a statewide basis over time to each student whose initial Ohio	38382
enrollment is in that district or school and to report all	38383
required individual student data for that student utilizing such	38384
code. The guidelines shall also provide for assigning data	38385
verification codes to all students enrolled in districts or	38386
community schools on the effective date of the guidelines	38387
established under this section.	38388

Individual student data shall be reported to the department	38389
through the information technology centers utilizing the code but,	38390
except as provided in sections 3310.11, 3310.42, 3313.978, and	38391
3317.20 of the Revised Code, at no time shall the state board or	38392
the department have access to information that would enable any	38393
data verification code to be matched to personally identifiable	38394
student data.	38395

Each school district shall ensure that the data verification	38396
code is included in the student's records reported to any	38397
subsequent school district or community school in which the	38398
student enrolls. Any such subsequent district or school shall	38399
utilize the same identifier in its reporting of data under this	38400
section.	38401

The director of health shall request and receive, pursuant to	38402
sections 3301.0723 and 3701.62 of the Revised Code, a data	38403
verification code for a child who is receiving services under	38404
division (A)(2) of section 3701.61 of the Revised Code.	38405

(E) The guidelines adopted under this section may require	38406
school districts to collect and report data, information, or	38407
reports other than that described in divisions (A), (B), and (C)	38408
of this section for the purpose of complying with other reporting	38409
requirements established in the Revised Code. The other data,	38410
information, or reports may be maintained in the education	38411
management information system but are not required to be compiled	38412
as part of the profile formats required under division (G) of this	38413
section or the annual statewide report required under division (H)	38414
of this section.	38415

(F) Beginning with the school year that begins July 1, 1991,	38416
the board of education of each school district shall annually	38417
collect and report to the state board, in accordance with the	38418
guidelines established by the board, the data required pursuant to	38419
this section. A school district may collect and report these data	38420
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	38421

(G) The state board shall, in accordance with the procedures	38422
it adopts, annually compile the data reported by each school	38423
district pursuant to division (D) of this section. The state board	38424
shall design formats for profiling each school district as a whole	38425
and each school building within each district and shall compile	38426
the data in accordance with these formats. These profile formats	38427
shall:	38428

(1) Include all of the data gathered under this section in a	38429
manner that facilitates comparison among school districts and	38430
among school buildings within each school district;	38431

(2) Present the data on academic achievement levels as	38432
assessed by the testing of student achievement maintained pursuant	38433
to division (B)(1)(d) of this section.	38434

(H)(1) The state board shall, in accordance with the	38435
procedures it adopts, annually prepare a statewide report for all	38436
school districts and the general public that includes the profile	38437
of each of the school districts developed pursuant to division (G)	38438
of this section. Copies of the report shall be sent to each school	38439
district.	38440

(2) The state board shall, in accordance with the procedures	38441
it adopts, annually prepare an individual report for each school	38442
district and the general public that includes the profiles of each	38443
of the school buildings in that school district developed pursuant	38444
to division (G) of this section. Copies of the report shall be	38445
sent to the superintendent of the district and to each member of	38446
the district board of education.	38447

(3) Copies of the reports received from the state board under	38448
divisions (H)(1) and (2) of this section shall be made available	38449
to the general public at each school district's offices. Each	38450
district board of education shall make copies of each report	38451
available to any person upon request and payment of a reasonable	38452
fee for the cost of reproducing the report. The board shall	38453
annually publish in a newspaper of general circulation in the	38454
school district, at least twice during the two weeks prior to the	38455
week in which the reports will first be available, a notice	38456
containing the address where the reports are available and the	38457
date on which the reports will be available.	38458

(I) Any data that is collected or maintained pursuant to this	38459
section and that identifies an individual pupil is not a public	38460
record for the purposes of section 149.43 of the Revised Code.	38461

(J) As used in this section:

38462

(1) "School district" means any city, local, exempted	38463
village, or joint vocational school district and, in accordance	38464
with section 3314.17 of the Revised Code, any community school. As	38465
used in division (L) of this section, "school district" also	38466
includes any educational service center or other educational	38467
entity required to submit data using the system established under	38468
this section.	38469

(2) "Cost" means any expenditure for operating expenses made	38470
by a school district excluding any expenditures for debt	38471
retirement except for payments made to any commercial lending	38472
institution for any loan approved pursuant to section 3313.483 of	38473
the Revised Code.	38474

(K) Any person who removes data from the information system	38475
established under this section for the purpose of releasing it to	38476
any person not entitled under law to have access to such	38477
information is subject to section 2913.42 of the Revised Code	38478
prohibiting tampering with data.	38479

(L)(1) In accordance with division (L)(2) of this section and	38480
the rules adopted under division (L)(10) of this section, the	38481
department of education may sanction any school district that	38482
reports incomplete or inaccurate data, reports data that does not	38483
conform to data requirements and descriptions published by the	38484
department, fails to report data in a timely manner, or otherwise	38485
does not make a good faith effort to report data as required by	38486
this section.	38487

(2) If the department decides to sanction a school district	38488
under this division, the department shall take the following	38489
sequential actions:	38490

(a) Notify the district in writing that the department has	38491
determined that data has not been reported as required under this	38492
section and require the district to review its data submission and	38493
submit corrected data by a deadline established by the department.	38494
The department also may require the district to develop a	38495
corrective action plan, which shall include provisions for the	38496
district to provide mandatory staff training on data reporting	38497
procedures.	38498

(b) Withhold up to ten per cent of the total amount of state	38499
funds due to the district for the current fiscal year and, if not	38500
previously required under division (L)(2)(a) of this section,	38501
require the district to develop a corrective action plan in	38502
accordance with that division;	38503

(c) Withhold an additional amount of up to twenty per cent of	38504
the total amount of state funds due to the district for the	38505
current fiscal year;	38506

(d) Direct department staff or an outside entity to	38507
investigate the district's data reporting practices and make	38508
recommendations for subsequent actions. The recommendations may	38509
include one or more of the following actions:	38510

(i) Arrange for an audit of the district's data reporting	38511
practices by department staff or an outside entity;	38512

(ii) Conduct a site visit and evaluation of the district;

38513

(iii) Withhold an additional amount of up to thirty per cent	38514
of the total amount of state funds due to the district for the	38515
current fiscal year;	38516

(iv) Continue monitoring the district's data reporting;

38517

(v) Assign department staff to supervise the district's data	38518
management system;	38519

(vi) Conduct an investigation to determine whether to suspend	38520
or revoke the license of any district employee in accordance with	38521
division (N) of this section;	38522

(vii) If the district is issued a report card under section	38523
3302.03 of the Revised Code, indicate on the report card that the	38524
district has been sanctioned for failing to report data as	38525
required by this section;	38526

(viii) If the district is issued a report card under section	38527
3302.03 of the Revised Code and incomplete or inaccurate data	38528
submitted by the district likely caused the district to receive a	38529
higher performance rating than it deserved under that section,	38530
issue a revised report card for the district;	38531

(ix) Any other action designed to correct the district's data	38532
reporting problems.	38533

(3) Any time the department takes an action against a school	38534
district under division (L)(2) of this section, the department	38535
shall make a report of the circumstances that prompted the action.	38536
The department shall send a copy of the report to the district	38537
superintendent or chief administrator and maintain a copy of the	38538
report in its files.	38539

(4) If any action taken under division (L)(2) of this section	38540
resolves a school district's data reporting problems to the	38541
department's satisfaction, the department shall not take any	38542
further actions described by that division. If the department	38543
withheld funds from the district under that division, the	38544
department may release those funds to the district, except that if	38545
the department withheld funding under division (L)(2)(c) of this	38546
section, the department shall not release the funds withheld under	38547
division (L)(2)(b) of this section and, if the department withheld	38548
funding under division (L)(2)(d) of this section, the department	38549
shall not release the funds withheld under division (L)(2)(b) or	38550
(c) of this section.	38551

(5) Notwithstanding anything in this section to the contrary,	38552
the department may use its own staff or an outside entity to	38553
conduct an audit of a school district's data reporting practices	38554
any time the department has reason to believe the district has not	38555
made a good faith effort to report data as required by this	38556
section. If any audit conducted by an outside entity under	38557
division (L)(2)(d)(i) or (5) of this section confirms that a	38558
district has not made a good faith effort to report data as	38559
required by this section, the district shall reimburse the	38560
department for the full cost of the audit. The department may	38561
withhold state funds due to the district for this purpose.	38562

(6) Prior to issuing a revised report card for a school	38563
district under division (L)(2)(d)(viii) of this section, the	38564
department may hold a hearing to provide the district with an	38565
opportunity to demonstrate that it made a good faith effort to	38566
report data as required by this section. The hearing shall be	38567
conducted by a referee appointed by the department. Based on the	38568
information provided in the hearing, the referee shall recommend	38569
whether the department should issue a revised report card for the	38570
district. If the referee affirms the department's contention that	38571
the district did not make a good faith effort to report data as	38572
required by this section, the district shall bear the full cost of	38573
conducting the hearing and of issuing any revised report card.	38574

(7) If the department determines that any inaccurate data	38575
reported under this section caused a school district to receive	38576
excess state funds in any fiscal year, the district shall	38577
reimburse the department an amount equal to the excess funds, in	38578
accordance with a payment schedule determined by the department.	38579
The department may withhold state funds due to the district for	38580
this purpose.	38581

(8) Any school district that has funds withheld under	38582
division (L)(2) of this section may appeal the withholding in	38583
accordance with Chapter 119. of the Revised Code.	38584

(9) In all cases of a disagreement between the department and	38585
a school district regarding the appropriateness of an action taken	38586
under division (L)(2) of this section, the burden of proof shall	38587
be on the district to demonstrate that it made a good faith effort	38588
to report data as required by this section.	38589

(10) The state board of education shall adopt rules under	38590
Chapter 119. of the Revised Code to implement division (L) of this	38591
section.	38592

(M) No information technology center or school district shall	38593
acquire, change, or update its student administration software	38594
package to manage and report data required to be reported to the	38595
department unless it converts to a student software package that	38596
is certified by the department.	38597

(N) The state board of education, in accordance with sections	38598
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	38599
license as defined under division (A) of section 3319.31 of the	38600
Revised Code that has been issued to any school district employee	38601
found to have willfully reported erroneous, inaccurate, or	38602
incomplete data to the education management information system.	38603

(O) No person shall release or maintain any information about	38604
any student in violation of this section. Whoever violates this	38605
division is guilty of a misdemeanor of the fourth degree.	38606

(P) The department shall disaggregate the data collected	38607
under division (B)(1)~~(o)~~(n) of this section according to the race	38608
and socioeconomic status of the students assessed. No data	38609
collected under that division shall be included on the report	38610
cards required by section 3302.03 of the Revised Code.	38611

(Q) If the department cannot compile any of the information	38612
required by division (C)(5) of section 3302.03 of the Revised Code	38613
based upon the data collected under this section, the department	38614
shall develop a plan and a reasonable timeline for the collection	38615
of any data necessary to comply with that division.	38616

Sec. 3301.0715. (A) Except as provided in division (E) of	38617
this section, the board of education of each city, local, and	38618
exempted village school district shall administer each applicable	38619
diagnostic assessment developed and provided to the district in	38620
accordance with section 3301.079 of the Revised Code to the	38621
following:	38622

(1) Each student enrolled in a building that has failed to	38623
make adequate yearly progress for two or more consecutive school	38624
years;	38625

(2) Any student who transfers into the district or to a	38626
different school within the district if each applicable diagnostic	38627
assessment was not administered by the district or school the	38628
student previously attended in the current school year, within	38629
thirty days after the date of transfer. If the district or school	38630
into which the student transfers cannot determine whether the	38631
student has taken any applicable diagnostic assessment in the	38632
current school year, the district or school may administer the	38633
diagnostic assessment to the student.	38634

(3) Each kindergarten student, not earlier than four weeks	38635
prior to the first day of school and not later than the first day	38636
of October. For the purpose of division (A)(3) of this section,	38637
the district shall administer the kindergarten readiness	38638
assessment provided by the department of education. In no case	38639
shall the results of the readiness assessment be used to prohibit	38640
a student from enrolling in kindergarten.	38641

(4) Each student enrolled in first or second grade.

38642

(B) Each district board shall administer each diagnostic	38643
assessment as the board deems appropriate. However, the board	38644
shall administer any diagnostic assessment at least once annually	38645
to all students in the appropriate grade level. A district board	38646
may administer any diagnostic assessment in the fall and spring of	38647
a school year to measure the amount of academic growth	38648
attributable to the instruction received by students during that	38649
school year.	38650

(C) Each district board shall utilize and score any	38651
diagnostic assessment administered under division (A) of this	38652
section in accordance with rules established by the department.	38653
Except as required by division (B)(1)~~(o)~~(n) of section 3301.0714	38654
of the Revised Code, neither the state board of education nor the	38655
department shall require school districts to report the results of	38656
diagnostic assessments for any students to the department or to	38657
make any such results available in any form to the public. After	38658
the administration of any diagnostic assessment, each district	38659
shall provide a student's completed diagnostic assessment, the	38660
results of such assessment, and any other accompanying documents	38661
used during the administration of the assessment to the parent of	38662
that student upon the parent's request.	38663

(D) Each district board shall provide intervention services	38664
to students whose diagnostic assessments show that they are	38665
failing to make satisfactory progress toward attaining the	38666
academic standards for their grade level.	38667

(E) Any district that made adequate yearly progress in the	38668
immediately preceding school year may assess student progress in	38669
grades one through three using a diagnostic assessment other than	38670
the diagnostic assessment required by division (A) of this	38671
section.	38672

(F) A district board may administer the third grade ~~writing~~	38673
English language arts diagnostic assessment provided to the	38674
district in accordance with section 3301.079 of the Revised Code	38675
to any student enrolled in a building that is not subject to	38676
division (A)(1) of this section. Any district electing to	38677
administer the diagnostic assessment to students under this	38678
division shall provide intervention services to any such student	38679
whose diagnostic assessment shows unsatisfactory progress toward	38680
attaining the academic standards for the student's grade level.	38681

(G) As used in this section, "adequate yearly progress" has	38682
the same meaning as in section 3302.01 of the Revised Code.	38683

Sec. 3301.0716. Notwithstanding division (D) of section	38684
3301.0714 of the Revised Code, the department of education may	38685
have access to personally identifiable information about any	38686
student under the following circumstances:	38687

(A) An entity with which the department contracts for the	38688
scoring of ~~tests~~assessments administered under section 3301.0711	38689
or 3301.0712 of the Revised Code has notified the department that	38690
the student's written response to a question on ~~such a test~~an	38691
assessment included threats or descriptions of harm to another	38692
person or the student's self and the information is necessary to	38693
enable the department to identify the student for purposes of	38694
notifying the school district or school in which the student is	38695
enrolled of the potential for harm.	38696

(B) The department requests the information to respond to an	38697
appeal from a school district or school for verification of the	38698
accuracy of the student's score on ~~a test~~an assessment	38699
administered under section 3301.0711 or 3301.0712 of the Revised	38700
Code.	38701

(C) The department requests the information to determine	38702
whether the student satisfies the alternative conditions for a	38703
high school diploma prescribed in section 3313.615 of the Revised	38704
Code.	38705

Sec. 3301.12. (A) The superintendent of public instruction	38706
in addition to the authority otherwise imposed on the	38707
superintendent, shall perform the following duties:	38708

(1) The superintendent shall provide technical and	38709
professional assistance and advice to all school districts in	38710
reference to all aspects of education, including finance,	38711
buildings and equipment, administration, organization of school	38712
districts, curriculum and instruction, transportation of pupils,	38713
personnel problems, and the interpretation of school laws and	38714
state regulations.	38715

(2) The superintendent shall prescribe and require the	38716
preparation and filing of such financial and other reports from	38717
school districts, officers, and employees as are necessary or	38718
proper. The superintendent shall prescribe and require the	38719
installation by school districts of such standardized reporting	38720
forms and accounting procedures as are essential to the	38721
businesslike operations of the public schools of the state.	38722

(3) The superintendent shall conduct such studies and	38723
research projects as are necessary or desirable for the	38724
improvement of public school education in Ohio, and such as may be	38725
assigned to the superintendent by the state board of education.	38726
Such studies and projects may include analysis of data contained	38727
in the education management information system established under	38728
section 3301.0714 of the Revised Code. For any study or project	38729
that requires the analysis of individual student data, the	38730
department of education or any entity with which the	38731
superintendent or department contracts to conduct the study or	38732
project shall maintain the confidentiality of student data at all	38733
times. For this purpose, the department or contracting entity	38734
shall use the data verification code assigned pursuant to division	38735
(D)(2) of section 3301.0714 of the Revised Code for each student	38736
whose data is analyzed. Except as otherwise provided in division	38737
(D)(1) of section 3301.0714 of the Revised Code, at no time shall	38738
the superintendent, the department, the state board of education,	38739
or any entity conducting a study or research project on the	38740
superintendent's behalf have access to a student's name, address,	38741
or social security number while analyzing individual student data.	38742

(4) The superintendent shall prepare and submit annually to	38743
the state board of education a report of the activities of the	38744
department of education and the status, problems, and needs of	38745
education in the state of Ohio.	38746

(5) The superintendent shall supervise all agencies over	38747
which the board exercises administrative control, including	38748
schools for education of persons with disabilities.	38749

(6) In accordance with section 3333.048 of the Revised Code,	38750
the superintendent, jointly with the chancellor of the Ohio board	38751
of regents, shall establish metrics and courses of study for	38752
institutions of higher education that prepare educators and other	38753
school personnel and shall provide for inspection of those	38754
institutions.	38755

(B) The superintendent of public instruction may annually	38756
inspect and analyze the expenditures of each school district and	38757
make a determination as to the efficiency of each district's	38758
costs, relative to other school districts in the state, for	38759
instructional, administrative, and student support services. The	38760
superintendent shall notify each school district as to the nature	38761
of, and reasons for, the determination. The state board of	38762
education shall adopt rules in accordance with Chapter 119. of the	38763
Revised Code setting forth the procedures and standards for the	38764
performance of the inspection and analysis.	38765

Sec. 3301.122. Not later than December 1, 2009, the	38766
superintendent of public instruction, in consultation with the	38767
chancellor of the Ohio board of regents, shall develop a ten-year	38768
strategic plan aligned with the strategic plan for higher	38769
education developed by the chancellor under division (D) of	38770
Section 375.30.25 of Am. Sub. H.B. 119 of the 127th general	38771
assembly. The superintendent shall submit the plan to the general	38772
assembly, in accordance with section 101.68 of the Revised Code,	38773
and to the governor. The plan shall include recommendations for:	38774

(A) A framework for collaborative, professional, innovative,	38775
and thinking twenty-first century learning environments;	38776

(B) Ways to prepare and support Ohio's educators for	38777
successful instructional careers;	38778

(C) Enhancement of the current financial and resource	38779
management accountability systems;	38780

(D) Implementation of an effective school funding system	38781
according to the principles, mandates, and guidance established in	38782
Chapter 3306. of the Revised Code.	38783

Sec. 3301.16. Pursuant to standards prescribed by the state	38784
board of education as provided in division (D) of section 3301.07	38785
of the Revised Code, the state board shall classify and charter	38786
school districts and individual schools within each district	38787
except that no charter shall be granted to a nonpublic school	38788
unless ~~pursuant to division (K) of section 3301.0711 of the~~	38789
~~Revised Code~~ the school ~~elects to administer the tests prescribed~~	38790
~~by division (B) of~~complies with section ~~3301.0710~~3313.612 of the	38791
Revised Code ~~beginning July 1, 1995~~.	38792

In the course of considering the charter of a new school	38793
district created under section 3311.26 or 3311.38 of the Revised	38794
Code, the state board shall require the party proposing creation	38795
of the district to submit to the board a map, certified by the	38796
county auditor of the county in which the proposed new district is	38797
located, showing the boundaries of the proposed new district. In	38798
the case of a proposed new district located in more than one	38799
county, the map shall be certified by the county auditor of each	38800
county in which the proposed district is located.	38801

The state board shall revoke the charter of any school	38802
district or school which fails to meet the standards for	38803
elementary and high schools as prescribed by the board. The state	38804
board shall also revoke the charter of any nonpublic school that	38805
does not comply with section 3313.612 of the Revised Code ~~or, on~~	38806
~~or after July 1, 1995, does not participate in the testing program~~	38807
~~prescribed by division (B) of section 3301.0710 of the Revised~~	38808
~~Code~~.	38809

In the issuance and revocation of school district or school	38810
charters, the state board shall be governed by the provisions of	38811
Chapter 119. of the Revised Code.	38812

No school district, or individual school operated by a school	38813
district, shall operate without a charter issued by the state	38814
board under this section.	38815

In case a school district charter is revoked pursuant to this	38816
section, the state board may dissolve the school district and	38817
transfer its territory to one or more adjacent districts. An	38818
equitable division of the funds, property, and indebtedness of the	38819
school district shall be made by the state board among the	38820
receiving districts. The board of education of a receiving	38821
district shall accept such territory pursuant to the order of the	38822
state board. Prior to dissolving the school district, the state	38823
board shall notify the appropriate educational service center	38824
governing board and all adjacent school district boards of	38825
education of its intention to do so. Boards so notified may make	38826
recommendations to the state board regarding the proposed	38827
dissolution and subsequent transfer of territory. Except as	38828
provided in section 3301.161 of the Revised Code, the transfer	38829
ordered by the state board shall become effective on the date	38830
specified by the state board, but the date shall be at least	38831
thirty days following the date of issuance of the order.	38832

A high school is one of higher grade than an elementary	38833
school, in which instruction and training are given in accordance	38834
with sections 3301.07 and 3313.60 of the Revised Code and which	38835
also offers other subjects of study more advanced than those	38836
taught in the elementary schools and such other subjects as may be	38837
approved by the state board of education.	38838

An elementary school is one in which instruction and training	38839
are given in accordance with sections 3301.07 and 3313.60 of the	38840
Revised Code and which offers such other subjects as may be	38841
approved by the state board of education. In districts wherein a	38842
junior high school is maintained, the elementary schools in that	38843
district may be considered to include only the work of the first	38844
six school years inclusive, plus the kindergarten year.	38845

A high school or an elementary school may consist of less	38846
than one or more than one organizational unit, as defined in	38847
sections 3306.02 and 3306.04 of the Revised Code.	38848

Sec. 3301.42. The partnership for continued learning shall	38849
promote systemic approaches to education by supporting regional	38850
efforts to foster collaboration among providers of preschool	38851
through postsecondary education, identifying the workforce needs	38852
of private sector employers in the state, and making	38853
recommendations for facilitating collaboration among providers of	38854
preschool through postsecondary education and for maintaining a	38855
high-quality workforce in the state. Copies of the recommendations	38856
shall be provided to the governor, the president and minority	38857
leader of the senate, the speaker and minority leader of the house	38858
of representatives, the chairpersons and ranking minority members	38859
of the standing committees of the senate and the house of	38860
representatives that consider education legislation, the	38861
~~chairperson~~chancellor of the Ohio board of regents, and the	38862
president of the state board of education. The recommendations	38863
shall address at least the following issues:	38864

(A) Expansion of access to preschool and other learning	38865
opportunities for children under five years old;	38866

(B) Increasing opportunities for students to earn credit	38867
toward a degree from an institution of higher education while	38868
enrolled in high school, including expanded opportunities for	38869
students to earn that credit on their high school campuses; a	38870
definition of "in good standing" for purposes of section 3313.6013	38871
of the Revised Code; and legislative changes that the partnership,	38872
in consultation with the Ohio board of regents and the state board	38873
of education, determines would improve the operation of the	38874
post-secondary enrollment options program established under	38875
Chapter 3365. of the Revised Code and other dual enrollment	38876
programs. The recommendations for legislative changes required by	38877
this division shall be issued not later than May 31, 2007.	38878

(C) Expansion of access to workforce development programs	38879
administered by school districts, institutions of higher	38880
education, and other providers of career-technical education;	38881

(D) Alignment of the statewide academic standards for grades	38882
nine through twelve adopted under section 3301.079 of the Revised	38883
Code, the Ohio graduation tests prescribed by division (B)(1) of	38884
section 3301.0710 of the Revised Code and the assessment system	38885
prescribed by division (B)(2) of that section, and the curriculum	38886
requirements for a high school diploma prescribed by section	38887
3313.603 of the Revised Code with the expectations of employers	38888
and institutions of higher education regarding the knowledge and	38889
skills that high school graduates should attain prior to entering	38890
the workforce or enrolling in an institution of higher education;	38891

(E) Improving the science and mathematics skills of students	38892
and employees to meet the needs of a knowledge-intensive economy;	38893

(F) Reducing the number of students who need academic	38894
remediation after enrollment in an institution of higher	38895
education;	38896

(G) Expansion of school counseling career and educational	38897
programs, access programs, and other strategies to overcome	38898
financial, cultural, and organizational barriers that interfere	38899
with students' planning for postsecondary education and that	38900
prevent students from obtaining a postsecondary education;	38901

(H) Alignment of teacher preparation programs approved by the	38902
~~state board of education~~chancellor of the Ohio board of regents	38903
pursuant to section ~~3319.23~~3333.048 of the Revised Code with the	38904
instructional needs and expectations of school districts;	38905

(I) Strategies for retaining more graduates of Ohio	38906
institutions of higher education in the state and for attracting	38907
talented individuals from outside Ohio to work in the state;	38908

(J) Strategies for promoting lifelong continuing education as	38909
a component of maintaining a strong workforce and economy;	38910

(K) Appropriate measures of the impact of statewide efforts	38911
to promote collaboration among providers of preschool through	38912
postsecondary education and to develop a high-quality workforce	38913
and strategies for collecting and sharing data relevant to such	38914
measures;	38915

(L) Strategies for developing and improving opportunities and	38916
for removing barriers to achievement for children identified as	38917
gifted under Chapter 3324. of the Revised Code;	38918

(M) Legislative changes to establish criteria by which state	38919
universities may waive the general requirement, under division (B)	38920
of section 3345.06 of the Revised Code, that a student complete	38921
the Ohio core curriculum to be admitted as an undergraduate. The	38922
partnership at least shall consider criteria for waiving the	38923
requirement for students who have served in the military and	38924
students who entered ninth grade on or after July 1, 2010, in	38925
another state and moved to Ohio prior to high school graduation.	38926
The recommendations for legislative changes under this division	38927
shall be developed in consultation with the Ohio board of regents	38928
and shall be issued not later than July 1, 2007.	38929

Sec. 3301.55. (A) A school district, county MR/DD board, or	38930
eligible nonpublic school operating a preschool program shall	38931
house the program in buildings that meet the following	38932
requirements:	38933

(1) The building is operated by the district, county MR/DD	38934
board, or eligible nonpublic school and has been approved by the	38935
division of ~~industrial compliance~~labor in the department of	38936
commerce or a certified municipal, township, or county building	38937
department for the purpose of operating a program for preschool	38938
children. Any such structure shall be constructed, equipped,	38939
repaired, altered, and maintained in accordance with applicable	38940
provisions of Chapters 3781. and 3791. and with rules adopted by	38941
the board of building standards under Chapter 3781. of the Revised	38942
Code for the safety and sanitation of structures erected for this	38943
purpose.	38944

(2) The building is in compliance with fire and safety laws	38945
and regulations as evidenced by reports of annual school fire and	38946
safety inspections as conducted by appropriate local authorities.	38947

(3) The school is in compliance with rules established by the	38948
state board of education regarding school food services.	38949

(4) The facility includes not less than thirty-five square	38950
feet of indoor space for each child in the program. Safe play	38951
space, including both indoor and outdoor play space, totaling not	38952
less than sixty square feet for each child using the space at any	38953
one time, shall be regularly available and scheduled for use.	38954

(5) First aid facilities and space for temporary placement or	38955
isolation of injured or ill children are provided.	38956

(B) Each school district, county MR/DD board, or eligible	38957
nonpublic school that operates, or proposes to operate, a	38958
preschool program shall submit a building plan including all	38959
information specified by the state board of education to the board	38960
not later than the first day of September of the school year in	38961
which the program is to be initiated. The board shall determine	38962
whether the buildings meet the requirements of this section and	38963
section 3301.53 of the Revised Code, and notify the superintendent	38964
of its determination. If the board determines, on the basis of the	38965
building plan or any other information, that the buildings do not	38966
meet those requirements, it shall cause the buildings to be	38967
inspected by the department of education. The department shall	38968
make a report to the superintendent specifying any aspects of the	38969
building that are not in compliance with the requirements of this	38970
section and section 3301.53 of the Revised Code and the time	38971
period that will be allowed the district, county MR/DD board, or	38972
school to meet the requirements.	38973

Sec. 3301.68. There is hereby ~~created~~re-established the	38974
legislative committee on education oversight as a subcommittee of	38975
the legislative service commission. The committee shall consist of	38976
five members of the house of representatives appointed by the	38977
speaker of the house of representatives and five members of the	38978
senate appointed by the president of the senate. Not more than	38979
three of the members appointed from each house shall be members of	38980
the same political party. Members shall serve during the term of	38981
office to which they were elected.	38982

The committee, subject to the oversight and direction of the	38983
legislative service commission, shall direct the work of the	38984
legislative office of education oversight, which is hereby	38985
~~established~~re-established. The committee may employ a staff	38986
director and such other staff as are necessary for the operation	38987
of the office, who shall be in the unclassified service of the	38988
state, and may contract for the services of whatever technical	38989
advisors are necessary for the committee and the office to carry	38990
out their duties.	38991

The chairperson and vice-chairperson of the legislative	38992
service commission shall fix the compensation of the director. The	38993
director, with the approval of the director of the legislative	38994
service commission, shall fix the compensation of other staff of	38995
the office in accordance with a salary schedule established by the	38996
director of the legislative service commission. Contracts for the	38997
services of necessary technical advisors shall be approved by the	38998
director of the legislative service commission.	38999

All expenses incurred by the committee or office shall be	39000
paid upon vouchers approved by the chairperson of the committee.	39001
The committee shall adopt rules for the conduct of its business	39002
and the election of officers, except that the office of	39003
chairperson of the committee shall alternate each general assembly	39004
between a member of the house of representatives selected by the	39005
speaker and a member of the senate selected by the president.	39006

The committee shall select, for the office to review and	39007
evaluate, education and school-related programs that receive state	39008
financial assistance in any form. The reviews and evaluations may	39009
include any of the following:	39010

(A) Assessment of the uses school districts and institutions	39011
of higher education make of state money they receive and	39012
determination of the extent to which such money improves school	39013
district or institutional performance in the areas for which the	39014
money was intended to be used;	39015

(B) Determination of whether an education program meets its	39016
intended goals, has adequate operating or administrative	39017
procedures and fiscal controls, encompasses only authorized	39018
activities, has any undesirable or unintended effects, and is	39019
efficiently managed;	39020

(C) Examination of various pilot programs developed and	39021
initiated in school districts and at state-assisted colleges and	39022
universities to determine whether such programs suggest	39023
innovative, effective ways to deal with problems that may exist in	39024
other school districts or state-assisted colleges or universities,	39025
and to assess the fiscal costs and likely impact of adopting such	39026
programs throughout the state or in other state-assisted colleges	39027
and universities.	39028

The committee shall report the results of each program review	39029
the office conducts to the general assembly.	39030

If the general assembly directs the legislative office of	39031
education oversight to submit a study to the general assembly by a	39032
particular date, the committee, upon a majority vote of its	39033
members, may modify the scope and due date of the study to	39034
accommodate the availability of data and resources.	39035

Sec. 3301.80. The office of school resource management is	39036
hereby established within the department of education. The office	39037
shall assist school districts, community schools established under	39038
Chapter 3314. of the Revised Code, and STEM schools established	39039
under Chapter 3326. of the Revised Code in improving the	39040
efficiency of their educational and operational systems by using	39041
data and best practices to redirect resources to classroom	39042
practices that research has shown to contribute to student	39043
academic success.	39044

The office shall do all of the following:

39045

(A) In consultation with the auditor of state and the	39046
director of budget and management, determine the fiscal data to	39047
be included on the funding and expenditure accountability reports	39048
required under division (C) of section 3302.031 of the Revised	39049
Code. The office may consult with fiscal officers of school	39050
districts and public schools and may use data collected from the	39051
department's work with school districts on resource allocation,	39052
conducted pursuant to Section 269.10.60 of Am. Sub. H.B. 119 of	39053
the 127th general assembly, in making its determination.	39054

(B) Collaborate with the auditor of state to establish the	39055
metrics for the performance reviews conducted under section	39056
3306.32 of the Revised Code and to periodically publish best	39057
practices for improved operational efficiency, as identified in	39058
the performance reviews;	39059

(C) Ensure that school districts, community schools, and STEM	39060
schools act in a timely manner to develop plans for implementation	39061
of the recommendations made in the performance reviews conducted	39062
under section 3306.32 of the Revised Code;	39063

(D) Provide staff assistance to the Ohio school funding	39064
research advisory council;	39065

(E) Conduct assessments and evaluations as directed by the	39066
superintendent of public instruction.	39067

Sec. 3301.81. The office of urban and rural student success	39068
is hereby created within the department of education. The office	39069
shall do all of the following:	39070

(A) Develop system redesign and improvement strategies for	39071
urban and rural school districts;	39072

(B) Provide school districts with recommendations and	39073
strategies to improve the academic success of students from	39074
economically disadvantaged areas;	39075

(C) Provide school districts with recommendations and	39076
strategies to address nonacademic barriers, including social,	39077
emotional, physical, and psychological barriers, facing students	39078
from economically disadvantaged areas;	39079

(D) Work with the university system of Ohio institutions,	39080
private institutions of higher education, and national and	39081
international experts when implementing its duties under divisions	39082
(A) to (C) of this section;	39083

(E) Provide other assistance and support to meet the unique	39084
needs of urban and rural school districts, as directed by the	39085
superintendent of public instruction.	39086

Sec. 3301.82. (A) The center for creativity and innovation is	39087
hereby created in the department of education. The center shall	39088
assist schools in city, exempted village, local, and joint	39089
vocational school districts, educational service centers,	39090
community schools established under Chapter 3314. of the Revised	39091
Code, and STEM schools established under Chapter 3326. of the	39092
Revised Code in any of the following:	39093

(1) The design and implementation of strategies and systems	39094
that enable schools to become professional learning communities,	39095
including the following:	39096

(a) Mentoring and coaching teachers and support staff;

39097

(b) Enabling school principals to focus on supporting	39098
instruction and engaging teachers and support staff as part of the	39099
instructional leadership team so that teachers and staff may share	39100
the responsibility for making and implementing school decisions;	39101

(c) Adopting new models for restructuring the learning day or	39102
year, such as including teacher planning and collaboration time as	39103
part of the school day;	39104

(d) Creating smaller schools or smaller units within larger	39105
schools to facilitate teacher collaboration to improve and advance	39106
the professional practice of teaching and to enhance instruction	39107
that yields enhanced student achievement.	39108

(2) The use of strategies in collaboration with the teach	39109
Ohio program to promote, recruit, and enhance the teaching	39110
profession, including:	39111

(a) The design and implementation of "grow your own"	39112
recruitment and retention strategies that are designed to support	39113
individuals in becoming licensed teachers, to retain highly	39114
qualified teachers, to assist experienced teachers in obtaining	39115
licensure in subject areas for which there is need, to assist	39116
teachers in obtaining senior professional educator and lead	39117
professional educator licenses, and to assist teachers to grow and	39118
develop in the profession;	39119

(b) Enhanced conditions for new teachers;

39120

(c) Incentives to attract qualified mathematics, science, or	39121
special education teachers;	39122

(d) The development and implementation of a partnership with	39123
teacher preparation programs at colleges and universities to help	39124
attract teachers qualified to teach in shortage areas;	39125

(e) The implementation of a program to increase the cultural	39126
competency of both new and veteran teachers.	39127

(3) Identifying statutes, rules, and regulations that impede	39128
the adoption of innovative practices and make recommendations to	39129
the superintendent of public instruction for the repeal,	39130
rescission, revision, or waiver of those provisions;	39131

(4) Identifying promising programs and practices based on	39132
high quality education research and developing models for their	39133
early adoption, including research and practices in arts education	39134
and creativity;	39135

(5) Other duties as assigned by the superintendent of public	39136
instruction.	39137

(B) The center shall provide staff assistance to the Ohio	39138
school funding research advisory council.	39139

(C) The center shall promote collaboration between school	39140
districts and community schools established under Chapter 3314. of	39141
the Revised Code to enhance the academic programs of both and to	39142
broaden the application of successful and innovative academic	39143
practices developed by community schools. In doing so, the center	39144
shall work with the office of community schools to do the	39145
following:	39146

(1) Study, gather information concerning, and serve as a	39147
clearinghouse of best practices and innovative programming	39148
developed and utilized by community schools that could be adopted	39149
by school districts;	39150

(2) Identify circumstances in which students could benefit	39151
from collaboration between the complementary programs of school	39152
districts and community schools.	39153

(D) The department may accept, receive, and expend gifts,	39154
devises, or bequests of money, lands, or other properties for the	39155
center for creativity and innovation. The state board of education	39156
may adopt rules for the purpose of enabling the center to carry	39157
out the conditions and limitations upon which a bequest, gift, or	39158
endowment is made.	39159

Sec. 3301.83. (A) The department of education shall conduct	39160
an on-site visit of each school operated by a school district at	39161
least every five years to evaluate the school's operations.	39162
During each visit, the department shall do all of the following:	39163

(1) Determine if the school has complied with the operating	39164
standards prescribed by the state board of education under	39165
division (D)(3) of section 3301.07 of the Revised Code;	39166

(2) Determine if the school has complied with all laws	39167
regarding academic and fiscal accountability and with all other	39168
applicable laws and administrative rules;	39169

(3) Review the school's progress in implementing a continuous	39170
improvement plan developed under division (B) of section 3302.04	39171
of the Revised Code, if applicable.	39172

(B) Each on-site visit conducted under this section shall	39173
include school tours, classroom observations, and interviews with	39174
administrators, teachers, other school staff, parents, community	39175
members, or students.	39176

(C) Each school shall provide any data, documents, or other	39177
materials the department considers necessary to enable it to	39178
conduct a thorough on-site visit.	39179

(D) Upon completion of each on-site visit, the department	39180
shall issue a written report summarizing its findings. The	39181
department shall provide a copy of the report to the district	39182
board of education. The district board may submit factual	39183
corrections to the department by a deadline established by the	39184
department. Upon receipt of any factual corrections, the	39185
department shall revise the report and issue a final version. The	39186
department shall post the final version of the report on its web	39187
site. The district board also shall post the final version on the	39188
district's web site, if the district maintains a web site.	39189

(E) Any on-site visit required by this section may be	39190
conducted in conjunction with a site evaluation required under	39191
division (D) of section 3302.04 of the Revised Code.	39192

(F) The state board of education shall adopt rules to	39193
implement this section.	39194

Sec. 3301.90. The governor shall create the early childhood	39195
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and	39196
shall appoint one of its members to serve as chairperson of the	39197
council. The council shall serve as the state advisory council on	39198
early childhood education and care, as described in 42 U.S.C.	39199
9837b(b)(1). In addition to the duties specified in 42 U.S.C.	39200
9837b(b)(1), the council shall advise the state regarding the	39201
creation and duties of the center for early childhood	39202
development.	39203

Sec. 3302.01. As used in this chapter:

39204

(A) "Performance index score" means the average of the totals	39205
derived from calculations for each subject area of ~~reading,~~	39206
~~writing~~English language arts, mathematics, science, and social	39207
studies of the weighted proportion of untested students and	39208
students scoring at each level of skill described in division	39209
(A)(2) of section 3301.0710 of the Revised Code on the ~~tests~~	39210
assessments prescribed by divisions (A) and (B)(1) of that	39211
section. The department of education shall assign weights such	39212
that students who do not take ~~a test~~an assessment receive a	39213
weight of zero and students who take ~~a test~~an assessment receive	39214
progressively larger weights dependent upon the level of skill	39215
attained on the ~~test~~assessment. The department shall also	39216
determine the performance index score a school district or	39217
building needs to achieve for the purpose of the performance	39218
ratings assigned pursuant to section 3302.03 of the Revised Code.	39219

Students shall be included in the "performance index score"	39220
in accordance with division (D)(2) of section 3302.03 of the	39221
Revised Code.	39222

(B) "Subgroup" means a subset of the entire student	39223
population of the state, a school district, or a school building	39224
and includes each of the following:	39225

(1) Major racial and ethnic groups;

39226

(2) Students with disabilities;

39227

(3) Economically disadvantaged students;

39228

(4) Limited English proficient students.

39229

(C) "No Child Left Behind Act of 2001" includes the statutes	39230
codified at 20 U.S.C. 6301 et seq. and any amendments thereto,	39231
rules and regulations promulgated pursuant to those statutes,	39232
guidance documents, and any other policy directives regarding	39233
implementation of that act issued by the United States department	39234
of education.	39235

(D) "Adequate yearly progress" means a measure of annual	39236
academic performance as calculated in accordance with the "No	39237
Child Left Behind Act of 2001."	39238

(E) "Supplemental educational services" means additional	39239
academic assistance, such as tutoring, remediation, or other	39240
educational enrichment activities, that is conducted outside of	39241
the regular school day by a provider approved by the department in	39242
accordance with the "No Child Left Behind Act of 2001."	39243

(F) "Value-added progress dimension" means a measure of	39244
academic gain for a student or group of students over a specific	39245
period of time that is calculated by applying a statistical	39246
methodology to individual student achievement data derived from	39247
the achievement ~~tests~~assessments prescribed by section 3301.0710	39248
of the Revised Code.	39249

Sec. 3302.02. ~~The~~Not later than one year after the adoption	39250
of rules under division (E) of section 3301.0712 of the Revised	39251
Code and at least every sixth year thereafter, upon	39252
recommendations of the superintendent of public instruction, the	39253
state board of education ~~annually through 2007, and every six~~	39254
~~years thereafter,~~ shall establish ~~at least seventeen~~ performance	39255
indicators for the report cards required by division (C) of	39256
section 3302.03 of the Revised Code. In establishing these	39257
indicators, the ~~state board~~superintendent shall consider	39258
inclusion of student performance on ~~any tests given~~assessments	39259
prescribed under section 3301.0710 or 3301.0712 of the Revised	39260
Code, rates of student improvement on such tests, student	39261
attendance, the breadth of coursework available within the	39262
district, and other indicators of student success. ~~The state board~~	39263
Not later than December 31, 2011, the state board, upon	39264
recommendation of the superintendent, shall establish a	39265
performance indicator reflecting the level of services provided	39266
to, and the performance of, students identified as gifted under	39267
Chapter 3324. of the Revised Code.	39268

The superintendent shall inform the Ohio accountability task	39269
force established under section 3302.021 of the Revised Code of	39270
the performance indicators itthe superintendent establishes	39271
under this section and the rationale for choosing each indicator	39272
and for determining how a school district or building meets that	39273
indicator.	39274

The ~~state board~~superintendent shall not establish any	39275
performance indicator for passage of the third or fourth grade	39276
~~reading test~~English language arts assessment that is solely based	39277
on the ~~test~~assessment given in the fall for the purpose of	39278
determining whether students have met the reading guarantee	39279
provisions of section 3313.608 of the Revised Code.	39280

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	39281
later than July 1, 2007, the department of education shall	39282
implement a value-added progress dimension for school districts	39283
and buildings and shall incorporate the value-added progress	39284
dimension into the report cards and performance ratings issued for	39285
districts and buildings under section 3302.03 of the Revised Code.	39286

The state board of education shall adopt rules, pursuant to	39287
Chapter 119. of the Revised Code, for the implementation of the	39288
value-added progress dimension. In adopting rules, the state board	39289
shall consult with the Ohio accountability task force established	39290
under division ~~(D)~~(E) of this section. The rules adopted under	39291
this division shall specify both of the following:	39292

(1) A scale for describing the levels of academic progress in	39293
reading and mathematics relative to a standard year of academic	39294
growth in those subjects for each of grades three through eight;	39295

(2) That the department shall maintain the confidentiality of	39296
individual student test scores and individual student reports in	39297
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	39298
Revised Code and federal law. The department may require school	39299
districts to use a unique identifier for each student for this	39300
purpose. Individual student test scores and individual student	39301
reports shall be made available only to a student's classroom	39302
teacher and other appropriate educational personnel and to the	39303
student's parent or guardian.	39304

(B) The department shall use a system designed for collecting	39305
necessary data, calculating the value-added progress dimension,	39306
analyzing data, and generating reports, which system has been used	39307
previously by a non-profit organization led by the Ohio business	39308
community for at least one year in the operation of a pilot	39309
program in cooperation with school districts to collect and report	39310
student achievement data via electronic means and to provide	39311
information to the districts regarding the academic performance of	39312
individual students, grade levels, school buildings, and the	39313
districts as a whole.	39314

(C) The department shall not pay more than two dollars per	39315
student for data analysis and reporting to implement the	39316
value-added progress dimension in the same manner and with the	39317
same services as under the pilot program described by division (B)	39318
of this section. However, nothing in this section shall preclude	39319
the department or any school district from entering into a	39320
contract for the provision of more services at a higher fee per	39321
student. Any data analysis conducted under this section by an	39322
entity under contract with the department shall be completed in	39323
accordance with timelines established by the superintendent of	39324
public instruction.	39325

(D) The department shall share any aggregate student data and	39326
any calculation, analysis, or report utilizing aggregate student	39327
data that is generated under this section with the chancellor of	39328
the Ohio board of regents. The department shall not share	39329
individual student test scores and individual student reports with	39330
the chancellor.	39331

(E)(1) There is hereby established the Ohio accountability	39332
task force. The task force shall consist of the following thirteen	39333
members:	39334

(a) The chairpersons and ranking minority members of the	39335
house of representatives and senate standing committees primarily	39336
responsible for education legislation, who shall be nonvoting	39337
members;	39338

(b) One representative of the governor's office, appointed by	39339
the governor;	39340

(c) The superintendent of public instruction, or the	39341
superintendent's designee;	39342

(d) One representative of teacher employee organizations	39343
formed pursuant to Chapter 4117. of the Revised Code, appointed by	39344
the speaker of the house of representatives;	39345

(e) One representative of school district boards of	39346
education, appointed by the president of the senate;	39347

(f) One school district superintendent, appointed by the	39348
speaker of the house of representatives;	39349

(g) One representative of business, appointed by the	39350
president of the senate;	39351

(h) One representative of a non-profit organization led by	39352
the Ohio business community, appointed by the governor;	39353

(i) One school building principal, appointed by the president	39354
of the senate;	39355

(j) A member of the state board of education, appointed by	39356
the speaker of the house of representatives.	39357

Initial appointed members of the task force shall serve until	39358
January 1, 2005. Thereafter, terms of office for appointed members	39359
shall be for two years, each term ending on the same day of the	39360
same month as did the term that it succeeds. Each appointed member	39361
shall hold office from the date of appointment until the end of	39362
the term for which the member was appointed. Members may be	39363
reappointed. Vacancies shall be filled in the same manner as the	39364
original appointment. Any member appointed to fill a vacancy	39365
occurring prior to the expiration of the term for which the	39366
member's predecessor was appointed shall hold office for the	39367
remainder of that term.	39368

The task force shall select from among its members a	39369
chairperson. The task force shall meet at least six times each	39370
calendar year and at other times upon the call of the chairperson	39371
to conduct its business. Members of the task force shall serve	39372
without compensation.	39373

(2) The task force shall do all of the following:

39374

(a) Examine the implementation of the value-added progress	39375
dimension by the department, including the system described in	39376
division (B) of this section, the reporting of performance data to	39377
school districts and buildings, and the provision of professional	39378
development on the interpretation of the data to classroom	39379
teachers and administrators;	39380

(b) Periodically review any fees for data analysis and	39381
reporting paid by the department pursuant to division (C) of this	39382
section and determine if the fees are appropriate based upon the	39383
level of services provided;	39384

(c) Periodically report to the department and the state board	39385
on all issues related to the school district and building	39386
accountability system established under this chapter;	39387

(d) Not later than seven years after its initial meeting,	39388
make recommendations to improve the school district and building	39389
accountability system established under this chapter. The task	39390
force shall adopt recommendations by a majority vote of its	39391
members. Copies of the recommendations shall be provided to the	39392
state board, the governor, the speaker of the house of	39393
representatives, and the president of the senate.	39394

(e) Determine starting dates for the implementation of the	39395
value-added progress dimension and its incorporation into school	39396
district and building report cards and performance ratings.	39397

Sec. 3302.03. (A) Annually the department of education shall	39398
report for each school district and each school building in a	39399
district all of the following:	39400

(1) The extent to which the school district or building meets	39401
each of the applicable performance indicators created by the state	39402
board of education under section 3302.02 of the Revised Code and	39403
the number of applicable performance indicators that have been	39404
achieved;	39405

(2) The performance index score of the school district or	39406
building;	39407

(3) Whether the school district or building has made adequate	39408
yearly progress;	39409

(4) Whether the school district or building is excellent,	39410
effective, needs continuous improvement, is under an academic	39411
watch, or is in a state of academic emergency.	39412

(B) Except as otherwise provided in divisions (B)(6) and (7)	39413
of this section:	39414

(1) A school district or building shall be declared excellent	39415
if it fulfills one of the following requirements:	39416

(a) It makes adequate yearly progress and either meets at	39417
least ninety-four per cent of the applicable state performance	39418
indicators or has a performance index score established by the	39419
department.	39420

(b) It has failed to make adequate yearly progress for not	39421
more than two consecutive years and either meets at least	39422
ninety-four per cent of the applicable state performance	39423
indicators or has a performance index score established by the	39424
department.	39425

(2) A school district or building shall be declared effective	39426
if it fulfills one of the following requirements:	39427

(a) It makes adequate yearly progress and either meets at	39428
least seventy-five per cent but less than ninety-four per cent of	39429
the applicable state performance indicators or has a performance	39430
index score established by the department.	39431

(b) It does not make adequate yearly progress and either	39432
meets at least seventy-five per cent of the applicable state	39433
performance indicators or has a performance index score	39434
established by the department, except that if it does not make	39435
adequate yearly progress for three consecutive years, it shall be	39436
declared in need of continuous improvement.	39437

(3) A school district or building shall be declared to be in	39438
need of continuous improvement if it fulfills one of the following	39439
requirements:	39440

(a) It makes adequate yearly progress, meets less than	39441
seventy-five per cent of the applicable state performance	39442
indicators, and has a performance index score established by the	39443
department.	39444

(b) It does not make adequate yearly progress and either	39445
meets at least fifty per cent but less than seventy-five per cent	39446
of the applicable state performance indicators or has a	39447
performance index score established by the department.	39448

(4) A school district or building shall be declared to be	39449
under an academic watch if it does not make adequate yearly	39450
progress and either meets at least thirty-one per cent but less	39451
than fifty per cent of the applicable state performance indicators	39452
or has a performance index score established by the department.	39453

(5) A school district or building shall be declared to be in	39454
a state of academic emergency if it does not make adequate yearly	39455
progress, does not meet at least thirty-one per cent of the	39456
applicable state performance indicators, and has a performance	39457
index score established by the department.	39458

(6) When designating performance ratings for school districts	39459
and buildings under divisions (B)(1) to (5) of this section, the	39460
department shall not assign a school district or building a lower	39461
designation from its previous year's designation based solely on	39462
one subgroup not making adequate yearly progress.	39463

(7) Division (B)(7) of this section does not apply to any	39464
community school established under Chapter 3314. of the Revised	39465
Code in which a majority of the students are enrolled in a dropout	39466
prevention and recovery program.	39467

A school district or building shall not be assigned a higher	39468
performance rating than in need of continuous improvement if at	39469
least ten per cent but not more than fifteen per cent of the	39470
enrolled students do not take all achievement ~~tests~~assessments	39471
prescribed for their grade level under division (A)(1) or (B)(1)	39472
of section 3301.0710 of the Revised Code from which they are not	39473
excused pursuant to division (C)(1) or (3) of section 3301.0711	39474
of the Revised Code. A school district or building shall not be	39475
assigned a higher performance rating than under an academic watch	39476
if more than fifteen per cent but not more than twenty per cent	39477
of the enrolled students do not take all achievement ~~tests~~	39478
assessments prescribed for their grade level under division (A)(1)	39479
or (B)(1) of section 3301.0710 of the Revised Code from which	39480
they are not excused pursuant to division (C)(1) or (3) of	39481
section 3301.0711 of the Revised Code. A school district or	39482
building shall not be assigned a higher performance rating than	39483
in a state of academic emergency if more than twenty per cent of	39484
the enrolled students do not take all achievement ~~tests~~	39485
assessments prescribed for their grade level under division	39486
(A)(1) or (B)(1) of section 3301.0710 of the Revised Code from	39487
which they are not excused pursuant to division (C)(1) or (3) of	39488
section 3301.0711 of the Revised Code.	39489

(C)(1) The department shall issue annual report cards for	39490
each school district, each building within each district, and for	39491
the state as a whole reflecting performance on the indicators	39492
created by the state board under section 3302.02 of the Revised	39493
Code, the performance index score, and adequate yearly progress.	39494

(2) The department shall include on the report card for each	39495
district information pertaining to any change from the previous	39496
year made by the school district or school buildings within the	39497
district on any performance indicator.	39498

(3) When reporting data on student performance, the	39499
department shall disaggregate that data according to the following	39500
categories:	39501

(a) Performance of students by age group;

39502

(b) Performance of students by race and ethnic group;

39503

39504

(d) Performance of students grouped by those who have been	39505
enrolled in a district or school for three or more years;	39506

(e) Performance of students grouped by those who have been	39507
enrolled in a district or school for more than one year and less	39508
than three years;	39509

(f) Performance of students grouped by those who have been	39510
enrolled in a district or school for one year or less;	39511

(g) Performance of students grouped by those who are	39512
economically disadvantaged;	39513

(h) Performance of students grouped by those who are enrolled	39514
in a conversion community school established under Chapter 3314.	39515
of the Revised Code;	39516

(i) Performance of students grouped by those who are	39517
classified as limited English proficient;	39518

(j) Performance of students grouped by those who have	39519
disabilities;	39520

(k) Performance of students grouped by those who are	39521
classified as migrants;	39522

(l) Performance of students grouped by those who are	39523
identified as gifted pursuant to Chapter 3324. of the Revised	39524
Code.	39525

The department may disaggregate data on student performance	39526
according to other categories that the department determines are	39527
appropriate. To the extent possible, the department shall	39528
disaggregate data on student performance according to any	39529
combinations of two or more of the categories listed in divisions	39530
(C)(3)(a) to (l) of this section that it deems relevant.	39531

In reporting data pursuant to division (C)(3) of this	39532
section, the department shall not include in the report cards any	39533
data statistical in nature that is statistically unreliable or	39534
that could result in the identification of individual students.	39535
For this purpose, the department shall not report student	39536
performance data for any group identified in division (C)(3) of	39537
this section that contains less than ten students.	39538

(4) The department may include with the report cards any	39539
additional education and fiscal performance data it deems	39540
valuable.	39541

(5) The department shall include on each report card a list	39542
of additional information collected by the department that is	39543
available regarding the district or building for which the report	39544
card is issued. When available, such additional information shall	39545
include student mobility data disaggregated by race and	39546
socioeconomic status, college enrollment data, and the reports	39547
prepared under section 3302.031 of the Revised Code.	39548

The department shall maintain a site on the world wide web.	39549
The report card shall include the address of the site and shall	39550
specify that such additional information is available to the	39551
public at that site. The department shall also provide a copy of	39552
each item on the list to the superintendent of each school	39553
district. The district superintendent shall provide a copy of any	39554
item on the list to anyone who requests it.	39555

(6)(a) This division does not apply to conversion community	39556
schools that primarily enroll students between sixteen and	39557
twenty-two years of age who dropped out of high school or are at	39558
risk of dropping out of high school due to poor attendance,	39559
disciplinary problems, or suspensions.	39560

For any district that sponsors a conversion community school	39561
under Chapter 3314. of the Revised Code, the department shall	39562
combine data regarding the academic performance of students	39563
enrolled in the community school with comparable data from the	39564
schools of the district for the purpose of calculating the	39565
performance of the district as a whole on the report card issued	39566
for the district.	39567

(b) Any district that leases a building to a community school	39568
located in the district or that enters into an agreement with a	39569
community school located in the district whereby the district and	39570
the school endorse each other's programs may elect to have data	39571
regarding the academic performance of students enrolled in the	39572
community school combined with comparable data from the schools of	39573
the district for the purpose of calculating the performance of the	39574
district as a whole on the district report card. Any district that	39575
so elects shall annually file a copy of the lease or agreement	39576
with the department.	39577

(7) The department shall include on each report card the	39578
percentage of teachers in the district or building who are highly	39579
qualified, as defined by the "No Child Left Behind Act of 2001,"	39580
and a comparison of that percentage with the percentages of such	39581
teachers in similar districts and buildings.	39582

(8) The department shall include on the report card the	39583
number of ~~master~~lead teachers employed by each district and each	39584
building once the data is available from the education management	39585
information system established under section 3301.0714 of the	39586
Revised Code.	39587

(D)(1) In calculating ~~reading, writing~~English language arts,	39588
mathematics, social studies, or science ~~proficiency or achievement~~	39589
~~test~~assessment passage rates used to determine school district or	39590
building performance under this section, the department shall	39591
include all students taking ~~a test~~an assessment with	39592
accommodation or to whom an alternate assessment is administered	39593
pursuant to division (C)(1) or (3) of section 3301.0711 of the	39594
Revised Code.	39595

(2) In calculating performance index scores, rates of	39596
achievement on the performance indicators established by the state	39597
board under section 3302.02 of the Revised Code, and adequate	39598
yearly progress for school districts and buildings under this	39599
section, the department shall do all of the following:	39600

(a) Include for each district or building only those students	39601
who are included in the ADM certified for the first full school	39602
week of October and are continuously enrolled in the district or	39603
building through the time of the spring administration of any ~~test~~	39604
assessment prescribed by division (A)(1) or (B)(1) of section	39605
3301.0710 of the Revised Code that is administered to the	39606
student's grade level;	39607

(b) Include cumulative totals from both the fall and spring	39608
administrations of the third grade reading achievement test;	39609

(c) Except as required by the "No Child Left Behind Act of	39610
2001" for the calculation of adequate yearly progress, exclude for	39611
each district or building any limited English proficient student	39612
who has been enrolled in United States schools for less than one	39613
full school year.	39614

Sec. 3302.031. (A) As used in this section:

39615

(1) "Community school" means a community school established	39616
under Chapter 3314. of the Revised Code.	39617

(2) "STEM school" means a science, technology, engineering,	39618
and mathematics school established under Chapter 3326. of the	39619
Revised Code.	39620

(B) In addition to the report cards required under section	39621
3302.03 of the Revised Code, the department of education shall	39622
annually prepare the ~~following~~ reports ~~for each school district~~	39623
~~and~~described in this section. The department shall make ~~a copy of~~	39624
each report available to the ~~superintendent of each district:~~	39625

~~(A) A~~public, school districts, community schools, and STEM	39626
schools on the department's web site.	39627

(C) The department shall prepare a funding and expenditure	39628
accountability report ~~which shall consist of~~for each school	39629
district, community school, and STEM school. The report shall	39630
specify the amount of state aid payments for the fiscal year the	39631
school district, community school, or STEM school will receive	39632
~~during the fiscal year~~ under ~~Chapter~~Chapters 3306. and 3317. of	39633
the Revised Code ~~and~~. The report shall include any other fiscal	39634
data the ~~department~~office of school resource management	39635
established under section 3301.80 of the Revised Code determines	39636
is necessary to inform the public about the financial status of	39637
the district;	39638

~~(B)~~or school.

39639

(D) The department shall prepare the following reports for	39640
each school district:	39641

(1) A school safety and discipline report which shall consist	39642
of statistical information regarding student safety and discipline	39643
in each school building, including the number of suspensions and	39644
expulsions disaggregated according to race and gender;	39645

~~(C)~~(2) A student equity report which shall consist of at	39646
least a description of the status of teacher qualifications,	39647
library and media resources, textbooks, classroom materials and	39648
supplies, and technology resources for each district. To the	39649
extent possible, the information included in the report required	39650
under this division shall be disaggregated according to grade	39651
level, race, gender, disability, and scores attained on ~~tests~~	39652
assessments required under section 3301.0710 of the Revised Code.	39653

~~(D)~~(3) A school enrollment report which shall consist of	39654
information about the composition of classes within each district	39655
by grade and subject disaggregated according to race, gender, and	39656
scores attained on ~~tests~~assessments required under section	39657
3301.0710 of the Revised Code;	39658

~~(E)~~(4) A student retention report which shall consist of the	39659
number of students retained in their respective grade levels in	39660
the district disaggregated by grade level, subject area, race,	39661
gender, and disability;	39662

~~(F)~~(5) A school district performance report which shall	39663
describe for the district and each building within the district	39664
the extent to which the district or building meets each of the	39665
applicable performance indicators established under section	39666
3302.02 of the Revised Code, the number of performance indicators	39667
that have been achieved, and the performance index score. In	39668
calculating the rates of achievement on the performance indicators	39669
and the performance index scores for each report, the department	39670
shall exclude all students with disabilities.	39671

Sec. 3302.05. The state board of education shall adopt rules	39672
freeing school districts declared to be excellent under division	39673
(B)(1) or effective under division (B)(2) of section 3302.03 of	39674
the Revised Code from specified state mandates. Any mandates	39675
included in the rules shall be only those statutes or rules	39676
pertaining to state education requirements. The rules shall not	39677
exempt districts from any standard or requirement of Chapter 3306.	39678
or from any operating standard adopted under division (D)(3) of	39679
section 3301.07 of the Revised Code.	39680

Sec. 3302.07. (A) The board of education of any school	39681
district, the governing board of any educational service center,	39682
or the administrative authority of any chartered nonpublic school	39683
may submit to the state board of education an application	39684
proposing an innovative education pilot program the implementation	39685
of which requires exemptions from specific statutory provisions or	39686
rules. If a district or service center board employs teachers	39687
under a collective bargaining agreement adopted pursuant to	39688
Chapter 4117. of the Revised Code, any application submitted under	39689
this division shall include the written consent of the teachers'	39690
employee representative designated under division (B) of section	39691
4117.04 of the Revised Code. The exemptions requested in the	39692
application shall be limited to any requirement of Title XXXIII of	39693
the Revised Code or of any rule of the state board adopted	39694
pursuant to that title except that the application may not propose	39695
an exemption from any requirement of or rule adopted pursuant to	39696
Chapter 3307. or 3309., sections 3319.07 to 3319.21, or Chapter	39697
3323. of the Revised Code. Furthermore, an exemption from any	39698
standard or requirement of Chapter 3306. or from any operating	39699
standard adopted under division (D)(3) of section 3301.07 of the	39700
Revised Code shall be granted only pursuant to a waiver granted by	39701
the superintendent of public instruction under section 3306.40 of	39702
the Revised Code.	39703

(B) The state board of education shall accept any application	39704
submitted in accordance with division (A) of this section. The	39705
superintendent of public instruction shall approve or disapprove	39706
the application in accordance with standards for approval, which	39707
shall be adopted by the state board.	39708

(C) The superintendent of public instruction shall exempt	39709
each district or service center board or chartered nonpublic	39710
school administrative authority with an application approved under	39711
division (B) of this section for a specified period from the	39712
statutory provisions or rules specified in the approved	39713
application. The period of exemption shall not exceed the period	39714
during which the pilot program proposed in the application is	39715
being implemented and a reasonable period to allow for evaluation	39716
of the effectiveness of the program.	39717

Sec. 3304.231. There is hereby created a brain injury	39718
advisory committee, which shall advise the administrator of the	39719
rehabilitation services commission and the brain injury program	39720
with regard to unmet needs of survivors of brain injury,	39721
development of programs for survivors and their families,	39722
establishment of training programs for health care professionals,	39723
and any other matter within the province of the brain injury	39724
program. The committee shall consist of not ~~less~~fewer than	39725
~~eighteen~~twenty and not more than ~~twenty-one~~twenty-two members as	39726
follows:	39727

(A) Not ~~less~~fewer than ten and not more than twelve members	39728
appointed by the administrator of the rehabilitation services	39729
commission, including all of the following: a survivor of brain	39730
injury, a relative of a survivor of brain injury, a licensed	39731
physician recommended by the Ohio chapter of the American college	39732
of emergency physicians, a licensed physician recommended by the	39733
Ohio state medical association, one other health care	39734
professional, a rehabilitation professional, an individual who	39735
represents the brain injury association of Ohio, and not ~~less~~	39736
fewer than three nor more than five individuals who shall	39737
represent the public;	39738

(B) The directors of the departments of health, alcohol and	39739
drug addiction services, mental retardation and developmental	39740
disabilities, mental health, job and family services, aging, and	39741
~~highway~~public safety; the administrator of workers' compensation;	39742
the superintendent of public instruction; and the administrator of	39743
the rehabilitation services commission. Any of the officials	39744
specified in this division may designate an individual to serve in	39745
the official's place as a member of the committee.	39746

~~The director of health shall make initial appointments to the~~	39747
~~committee by November 1, 1990. Appointments made after July 26,~~	39748
~~1991, shall be made by the administrator of the rehabilitation~~	39749
~~services commission.~~ Terms of office of the appointed members	39750
shall be two years. Members may be reappointed. Vacancies shall	39751
be filled in the manner provided for original appointments. Any	39752
member appointed to fill a vacancy occurring prior to the	39753
expiration date of the term for which the member's predecessor was	39754
appointed shall hold office as a member for the remainder of that	39755
term.	39756

Members of the committee shall serve without compensation,	39757
but shall be reimbursed for actual and necessary expenses incurred	39758
in the performance of their duties.	39759

Sec. 3306.01. This chapter shall be administered by the	39760
state board of education. The superintendent of public instruction	39761
shall calculate the amounts payable to each school district and	39762
shall certify the amounts payable to each eligible district to the	39763
treasurer of the district as determined under this chapter. As	39764
soon as possible after such amounts are calculated, the	39765
superintendent shall certify to the treasurer of each school	39766
district the district's adjusted charge-off increase, as defined	39767
in section 5705.211 of the Revised Code. No moneys shall be	39768
distributed pursuant to this chapter without the approval of the	39769
controlling board.	39770

The state board of education shall, in accordance with	39771
appropriations made by the general assembly, meet the financial	39772
obligations of this chapter.	39773

Annually, the department of education shall calculate and	39774
report to each school district the district's adequacy amount	39775
utilizing the calculations in sections 3306.03 and 3306.13 of the	39776
Revised Code. The department shall calculate and report separately	39777
for each school district the district's total state and local	39778
funds for its students with disabilities, utilizing the	39779
calculations in sections 3306.05, 3306.11, and 3306.13 of the	39780
Revised Code. The department shall calculate and report separately	39781
for each school district the amount of funding calculated for each	39782
factor of the district's adequacy amount.	39783

Not later than the thirty-first day of August of each fiscal	39784
year, the department of education shall provide to each school	39785
district a preliminary estimate of the amount of funding that the	39786
department calculates the district will receive under section	39787
3306.13 of the Revised Code. Not later than the first day of	39788
December of each fiscal year, the department shall update that	39789
preliminary estimate.	39790

Moneys distributed pursuant to this chapter shall be	39791
calculated and paid on a fiscal year basis, beginning with the	39792
first day of July and extending through the thirtieth day of June.	39793
Unless otherwise provided, the moneys appropriated for each fiscal	39794
year shall be distributed at least monthly to each school	39795
district. The state board shall submit a yearly distribution plan	39796
to the controlling board at its first meeting in July. The state	39797
board shall submit any proposed midyear revision of the plan to	39798
the controlling board in January. Any year-end revision of the	39799
plan shall be submitted to the controlling board in June. If	39800
moneys appropriated for each fiscal year are distributed other	39801
than monthly, such distribution shall be on the same basis for	39802
each school district.	39803

The total amounts paid each month shall constitute, as nearly	39804
as possible, one-twelfth of the total amount payable for the	39805
entire year.	39806

Payments shall be calculated to reflect the reporting of	39807
formula ADM. Annualized periodic payments for each school district	39808
shall be based on the district's final student counts verified by	39809
the superintendent of public instruction based on reports under	39810
section 3317.03 of the Revised Code, as adjusted, if so ordered,	39811
under division (K) of that section.	39812

(A) Except as otherwise provided, payments under this chapter	39813
shall be made only to those school districts that comply with	39814
divisions (A)(1) to (3) of this section.	39815

(1) Each city, exempted village, and local school district	39816
shall levy for current operating expenses at least twenty mills.	39817
Levies for joint vocational or cooperative education school	39818
districts or county school financing districts, limited to or to	39819
the extent apportioned to current expenses, shall be included in	39820
this qualification requirement. School district income tax levies	39821
under Chapter 5748. of the Revised Code, limited to or to the	39822
extent apportioned to current operating expenses, shall be	39823
included in this qualification requirement to the extent	39824
determined by the tax commissioner under division (D) of section	39825
3317.021 of the Revised Code.	39826

(2) Each city, exempted village, local, and joint vocational	39827
school district, during the school learning year next preceding	39828
the fiscal year for which payments are calculated under this	39829
chapter, shall meet the requirement of section 3313.48 or 3313.481	39830
of the Revised Code, with regard to the minimum number of days or	39831
hours school must be open for instruction with pupils in	39832
attendance, for individualized parent-teacher conference and	39833
reporting periods, and for professional meetings of teachers. The	39834
superintendent of public instruction shall waive a number of days	39835
on which it had been necessary for a school to be closed because	39836
of disease epidemic, hazardous weather conditions, inoperability	39837
of school buses or other equipment necessary to the school's	39838
operation, damage to a school building, or other temporary	39839
circumstances due to utility failure rendering the school	39840
building unfit for school use, as follows:	39841

(a) In determining eligibility for payments under this	39842
chapter for fiscal year 2010, up to five days for the 2008-2009	39843
learning year;	39844

(b) In determining eligibility for payments under this	39845
chapter for fiscal year 2011, up to three days for the 2009-2010	39846
learning year;	39847

(c) In determining eligibility for payments under this	39848
chapter for fiscal year 2012 and thereafter, up to one day for the	39849
preceding learning year.	39850

The state board shall adopt standards for the superintendent	39851
to apply in determining the waiver of days or hours for schools	39852
operating under section 3313.481 of the Revised Code.	39853

A school district shall not be considered to have failed to	39854
comply with this division or section 3313.481 of the Revised Code	39855
because schools were open for instruction but either twelfth grade	39856
students were excused from attendance for up to three days or only	39857
a portion of the kindergarten students were in attendance for up	39858
to three days in order to allow for the gradual orientation to	39859
school of such students.	39860

The superintendent of public instruction shall waive the	39861
requirements of this section with reference to the minimum number	39862
of days or hours a school must be open for instruction with pupils	39863
in attendance for the learning year succeeding the learning year	39864
in which a board of education initiates a plan of operation	39865
pursuant to section 3313.481 of the Revised Code. The minimum	39866
requirements of this section shall again be applicable to the	39867
district beginning with the learning year commencing the second	39868
July succeeding the initiation of the plan, and for each learning	39869
year thereafter.	39870

A school district shall not be considered to have failed to	39871
comply with this division or section 3313.48 or 3313.481 of the	39872
Revised Code because schools were open for instruction but the	39873
length of the regularly scheduled learning day, for any number of	39874
days during the learning year, was reduced by not more than two	39875
hours due to hazardous weather conditions.	39876

(3) Each city, exempted village, local, and joint vocational	39877
school district shall have on file, and shall pay in accordance	39878
with, a teachers' salary schedule which complies with section	39879
3317.13 of the Revised Code.	39880

(B) A school district board of education or educational	39881
service center governing board that has not conformed with other	39882
law, and the rules pursuant thereto, shall not participate in the	39883
distribution of funds authorized by this chapter, except for good	39884
and sufficient reason established to the satisfaction of the state	39885
board of education and the state controlling board.	39886

(C) All funds allocated to school districts under this	39887
chapter, except those specifically allocated for other purposes,	39888
shall be used only to pay current operating expenses or for either	39889
of the following purposes:	39890

(1) The modification or purchase of classroom space to	39891
provide all-day kindergarten as required by section 3321.05 of the	39892
Revised Code, provided the district certifies its shortage of	39893
space for providing all-day kindergarten to the department of	39894
education, in a manner specified by the department;	39895

(2) The modification or purchase of classroom space to reduce	39896
class sizes in grades kindergarten through three to attain the	39897
goal of fifteen students per core teacher, provided the district	39898
certifies its need for additional classroom space to the	39899
department, in a manner specified by the department.	39900

(D) On or before the last day of each month, the department	39901
of education shall certify to the director of budget and	39902
management for payment, for each county:	39903

(1)(a) That portion of the allocation of money under section	39904
3306.13 of the Revised Code that is required to be paid in that	39905
month to each school district located wholly within the county	39906
subsequent to the deductions described in division (D)(1)(b) of	39907
this section;	39908

(b) The amounts deducted from such allocation under sections	39909
3307.31 and 3309.51 of the Revised Code for payment directly to	39910
the school employees and state teachers retirement systems under	39911
such sections.	39912

(2) If the district is located in more than one county, an	39913
apportionment of the amounts that would otherwise be certified	39914
under division (D)(1) of this section. The amounts apportioned to	39915
the county shall equal the amounts certified under division (D)(1)	39916
of this section times the percentage of the district's resident	39917
pupils who reside both in the district and in the county, based on	39918
the average daily membership reported under division (A) of	39919
section 3317.03 of the Revised Code in October of the prior	39920
fiscal year.	39921

Sec. 3306.011. Beginning with fiscal year 2010, the payments	39922
prescribed by this chapter supersede and replace the payments	39923
described under sections 3317.012, 3317.013, 3317.014, 3317.022,	39924
3317.029, 3317.0216, 3317.0217, and 3317.16 of the Revised Code,	39925
except as otherwise provided in section 3317.018 of the Revised	39926
Code.	39927

Sec. 3306.012. The form developed by the department of	39928
education to calculate funding to a school district formerly known	39929
as the form "SF-3," on and after the effective date of this	39930
section shall be known as the "PASS form." As used in this	39931
section and any section referring to the PASS form, "PASS" is an	39932
acronym for "PAthway to Student Success." The form shall be	39933
revised as necessary to reflect payments made under this chapter	39934
and Chapter 3317. of the Revised Code and shall be available to	39935
the public in a format understandable to the average citizen.	39936

Sec. 3306.02. As used in this chapter:

39937

(A) "Adequacy amount" means the amount described in section	39938
3306.03 of the Revised Code.	39939

(B) "Building manager" means a person who supervises the	39940
administrative (non-curricular, non-instructional) functions of	39941
school operation so that a school principal can focus on	39942
supporting instruction, providing instructional leadership, and	39943
engaging teachers as part of the instructional leadership team. A	39944
building manager may be, but is not required to be, a licensed	39945
educator under section 3319.22 of the Revised Code.	39946

(C) "Career-technical education teacher" means an education	39947
professional who provides specialized instruction in career and	39948
technical courses.	39949

(D)(1) "Category one special education ADM" means a school	39950
district's formula ADM of children whose primary or only	39951
identified disability is a speech and language disability, as this	39952
term is defined pursuant to Chapter 3323. of the Revised Code.	39953
Beginning in fiscal year 2010, for any school district for which	39954
formula ADM means the number verified in the previous fiscal year,	39955
the category one special education ADM also shall be as verified	39956
from the previous year.	39957

(2) "Category two special education ADM" means a school	39958
district's formula ADM of children identified as specific learning	39959
disabled or developmentally disabled, as these terms are defined	39960
pursuant to Chapter 3323. of the Revised Code, or as having an	39961
other health impairment-minor, as defined in this section.	39962
Beginning in fiscal year 2010, for any school district for which	39963
formula ADM means the number verified in the previous fiscal year,	39964
the category two special education ADM also shall be as verified	39965
from the previous year.	39966

(3) "Category three special education ADM" means a school	39967
district's formula ADM of children identified as hearing disabled	39968
or severe behavior disabled, as these terms are defined pursuant	39969
to Chapter 3323. of the Revised Code. Beginning in fiscal year	39970
2010, for any school district for which formula ADM means the	39971
number verified in the previous fiscal year, the category three	39972
special education ADM also shall be as verified from the previous	39973
year.	39974

(4) "Category four special education ADM" means a school	39975
district's formula ADM of children identified as vision impaired,	39976
as this term is defined pursuant to Chapter 3323. of the Revised	39977
Code, or as having an other health impairment-major, as defined	39978
in this section. Beginning in fiscal year 2010, for any school	39979
district for which formula ADM means the number verified in the	39980
previous fiscal year, the category four special education ADM	39981
also shall be as verified from the previous year.	39982

(5) "Category five special education ADM" means a school	39983
district's formula ADM of children identified as orthopedically	39984
disabled or as having multiple disabilities, as these terms are	39985
defined pursuant to Chapter 3323. of the Revised Code. Beginning	39986
in fiscal year 2010, for any school district for which formula	39987
ADM means the number verified in the previous fiscal year, the	39988
category five special education ADM also shall be as verified	39989
from the previous year.	39990

(6) "Category six special education ADM" means a school	39991
district's formula ADM of children identified as autistic, having	39992
traumatic brain injuries, or as both visually and hearing	39993
impaired, as these terms are defined pursuant to Chapter 3323. of	39994
the Revised Code. Beginning in fiscal year 2010, for any school	39995
district for which formula ADM means the number verified in the	39996
previous fiscal year, the category six special education ADM also	39997
shall be as verified from the previous year.	39998

(E) "Class one effective operating tax rate" of a school	39999
district means the quotient obtained by dividing the district's	40000
class one taxes charged and payable for current expenses,	40001
excluding taxes levied under sections 5705.194 to 5705.197,	40002
5705.199, 5705.213, and 5705.219 of the Revised Code, by the	40003
district's class one taxable value.	40004

(F) "Core teacher" means an education professional who	40005
provides instruction in English-language arts, mathematics,	40006
science, social studies, or foreign languages.	40007

(G) "Counselor" means a person with a valid educator license	40008
issued pursuant to section 3319.22 of the Revised Code who	40009
provides pre-college and career counseling, general academic	40010
counseling, course planning, and other counseling services that	40011
are not related to a student's individualized education plan, as	40012
defined in section 3323.01 of the Revised Code.	40013

(H)(1) "Formula ADM" means, for a city, local, or exempted	40014
village school district, the average daily membership described	40015
in division (A) of section 3317.03 of the Revised Code, as	40016
verified by the superintendent of public instruction and adjusted	40017
if so ordered under division (K) of that section, further	40018
adjusted by the department of education, as follows:	40019

(a) Count only twenty per cent of the number of joint	40020
vocational school district students counted under division (A)(3)	40021
of section 3317.03 of the Revised Code;	40022

(b) Add twenty per cent of the number of students who are	40023
entitled to attend school in the district under section 3313.64 or	40024
3313.65 of the Revised Code and are enrolled in another school	40025
district under a career-technical educational compact.	40026

(2) In making calculations under this chapter that utilize	40027
formula ADM, the department shall use the formula ADM derived from	40028
the final, verified, and adjusted average daily membership	40029
described under division (A) of section 3317.03 of the Revised	40030
Code for the prior fiscal year, unless such average daily	40031
membership for the current fiscal year exceeds that number by two	40032
per cent or more. In that case, the department shall derive the	40033
formula ADM from such average daily membership for the current	40034
fiscal year.	40035

(3) For fiscal year 2010, the department shall calculate	40036
formula ADM on the basis of the final, verified, and adjusted	40037
average daily membership, described in division (A) of the version	40038
of section 3317.03 of the Revised Code in effect on and after the	40039
effective date of this amendment, for October 2008 unless such	40040
average daily membership for October 2009 exceeds that number by	40041
two per cent or more. In that case, the department shall derive	40042
the formula ADM from such average daily membership for October	40043
2009.	40044

(I) "Gifted coordinator" means a person who holds a valid	40045
educator license issued under section 3319.22 of the Revised Code,	40046
meets the qualifications for a gifted coordinator specified in the	40047
operating standards for identifying and serving gifted students	40048
prescribed in rules adopted by the state board of education, and	40049
provides coordination services for gifted students in accordance	40050
with those standards.	40051

(J) "Gifted intervention specialist" means a person who holds	40052
a valid gifted intervention specialist license or endorsement	40053
issued under section 3319.22 of the Revised Code and serves gifted	40054
students in accordance with the operating standards for	40055
identifying and serving gifted students prescribed in rules	40056
adopted by the state board of education.	40057

(K) "Internet- or computer-based community school" has the	40058
same meaning as in section 3314.02 of the Revised Code.	40059

(L) "Lead teacher" means a teacher who provides mentoring and	40060
coaching for new teachers. A lead teacher also assists in	40061
coordinating professional development activities, in the	40062
development of professional learning communities, and in common	40063
planning time, and assists teachers in developing project-based,	40064
real-world learning activities for their students. The lead	40065
teacher position shall be a rotating position in which an	40066
individual shall serve no more than three years. After lead	40067
teacher licenses become available under section 3319.22 of the	40068
Revised Code, only teachers who hold that license shall be	40069
appointed as lead teachers. Until that time, each school district	40070
shall designate qualifications for the lead teacher position that	40071
are comparable to the licensing requirements, and shall give	40072
preference for appointment to the position to teachers who are	40073
certified by the national board for professional teaching	40074
standards or who meet the qualifications for a "master teacher"	40075
established by the educator standards board.	40076

(M) "Limited English proficiency teacher" means a person who	40077
provides instruction in English as a second language.	40078

(N) "Medically fragile child" means a child to whom all of	40079
the following apply:	40080

(1) The child requires the services of a doctor of medicine	40081
or osteopathic medicine at least once a week due to the	40082
instability of the child's medical condition.	40083

(2) The child requires the services of a registered nurse on	40084
a daily basis.	40085

(3) The child is at risk of institutionalization in a	40086
hospital, skilled nursing facility, or intermediate care facility	40087
for the mentally retarded.	40088

(O) "Ohio educational challenge factor" means an index to	40089
adjust the funding amount for each school district to account for	40090
student and community socioeconomic factors affecting teacher	40091
recruitment and retention, professional development, and other	40092
factors related to quality instruction. The Ohio educational	40093
challenge factor for each school district includes the district's	40094
college attainment rate of population, wealth per pupil, and	40095
concentration of poverty, and is listed in section 3306.051 of	40096
the Revised Code.	40097

(P) "Organizational unit" means, for the purpose of	40098
calculating a school district's adequacy amount under this	40099
chapter, a unit used to index a school district's formula ADM in	40100
certain grade levels. Calculating the number of organizational	40101
units in a school district functions to allocate the state's	40102
resources in a manner that achieves a thorough, efficient, and	40103
adequate educational system that provides the appropriate services	40104
to students enrolled in that district. In recognition of the fact	40105
that students have different educational needs at each	40106
developmental stage, organizational units group the grade levels	40107
into elementary school units, middle school units, and high school	40108
units. Except as provided in division (C) of section 3306.04 of	40109
the Revised Code, a school district's "organizational units" is	40110
the sum of its elementary school units, middle school units, and	40111
high school units.	40112

(Q) A child may be identified as having an "other health	40113
impairment-major" if the child's condition meets the definition of	40114
"other health impaired" established in rules adopted by the state	40115
board of education prior to July 1, 2001, and if either of the	40116
following apply:	40117

(1) The child is identified as having a medical condition	40118
that is among those listed by the superintendent of public	40119
instruction as conditions where a substantial majority of cases	40120
fall within the definition of "medically fragile child."	40121

(2) The child is determined by the superintendent of public	40122
instruction to be a medically fragile child. A school district may	40123
petition the superintendent of public instruction for a	40124
determination that a child is a medically fragile child.	40125

(R) A child may be identified as having an "other health	40126
impairment-minor" if the child's condition meets the definition of	40127
"other health impaired" established in rules adopted by the state	40128
board of education prior to July 1, 2001, but the child's	40129
condition does not meet either of the conditions specified in	40130
division (Q)(1) or (2) of this section.	40131

(S) "Principal" means a person who provides management	40132
oversight of building operations, academic leadership for the	40133
teaching professionals, and other administrative duties.	40134

(T) "Property exemption value" means the amount certified for	40135
a school district under divisions (A)(6) and (7) of section	40136
3317.021 of the Revised Code.	40137

(U) "Recognized valuation" means the amount calculated for a	40138
school district pursuant to section 3317.015 of the Revised Code.	40139

(V) "School nurse wellness coordinator" means a person who	40140
has fulfilled the requirements for the issuance of a school nurse	40141
wellness coordinator license under section 3319.221 of the	40142
Revised Code.	40143

(W) "Small school district" means a city, local, or exempted	40144
village school district that has a formula ADM of less than four	40145
hundred eighteen students in grades kindergarten through twelve.	40146

(X) "Special education" has the same meaning as in section	40147
3323.01 of the Revised Code.	40148

(Y) "Special education teacher" means a teacher who holds the	40149
necessary license issued pursuant to section 3319.22 of the	40150
Revised Code to meet the unique needs of children with	40151
disabilities.	40152

(Z) "Special education teacher's aide" means a person	40153
providing support for special education teachers and other	40154
associated duties.	40155

(AA) "Specialist teacher" means a person holding a valid	40156
educator's license, issued pursuant to section 3319.22 of the	40157
Revised Code, who provides instruction in dance, drama and	40158
theater, music, visual art, or physical education.	40159

(BB) "State share percentage" means the quotient of a school	40160
district's state share of the adequacy amount determined under	40161
section 3306.13 of the Revised Code divided by the total adequacy	40162
amount for the district as described in section 3306.03 of the	40163
Revised Code. If the quotient is a negative number, the district's	40164
state share percentage is zero.	40165

(CC) "Family and community liaisons" means individuals who	40166
provide assistance to students and their families, individuals	40167
who are linkage coordinators as described in section 3306.31 of	40168
the Revised Code, and may include individuals who hold valid	40169
licenses as family liaisons, social workers, and student	40170
advocates.	40171

(DD) "Supplemental teacher" means a person holding a valid	40172
educator license issued pursuant to section 3319.22 of the Revised	40173
Code, or qualified to secure such a license and approved by the	40174
school district to provide remedial services, intensive	40175
subject-based instruction, homework help, or other forms of	40176
supplemental instruction.	40177

(EE) "Targeted poverty indicator" means the percentage of a	40178
school district's students who are economically disadvantaged, as	40179
determined for purposes of the report card issued under section	40180
3302.03 of the Revised Code.	40181

(FF) "Total taxable value" means the sum of the amounts	40182
certified for a school district under divisions (A)(1) and (2) of	40183
section 3317.021 of the Revised Code.	40184

Sec. 3306.03. (A) The adequacy amount for each city, local,	40185
and exempted village school district is the sum of the following:	40186

(1) Instructional services support calculated under section	40187
3306.05 of the Revised Code;	40188

(2) Additional services support calculated under section	40189
3306.06 of the Revised Code;	40190

(3) Administrative services support calculated under section	40191
3306.07 of the Revised Code;	40192

(4) Operations and maintenance support calculated under	40193
section 3306.08 of the Revised Code;	40194

(5) Gifted education and enrichment support calculated under	40195
sections 3306.09 and 3306.091, respectively, of the Revised Code;	40196

(6) Technology resources support calculated under section	40197
3306.10 of the Revised Code;	40198

(7) The professional development factor, calculated by	40199
multiplying the sum of the school district's core teacher,	40200
specialist teacher, lead teacher, and special education teacher	40201
positions, all as calculated under sections 3306.05 and 3306.11	40202
of the Revised Code, by $1,833 in fiscal years 2010 and 2011;	40203

(8) The instructional materials factor, calculated by	40204
multiplying the school district's formula ADM by $165. The	40205
instructional materials factor for each city, local, and exempted	40206
village school district shall be adjusted by multiplying this	40207
calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal	40208
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	40209
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	40210
2017.	40211

(B) The state share of the adequacy amount paid to each	40212
school district shall be determined under section 3306.13 of the	40213
Revised Code.	40214

(C) Funding for career-technical education teachers and	40215
career-technical education program operations shall be calculated	40216
under section 3306.052 of the Revised Code. Transportation	40217
support shall be calculated under section 3306.12 of the Revised	40218
Code. Both are in addition to the state share of the adequacy	40219
amount.	40220

Sec. 3306.031. Beginning in fiscal year 2012, each city,	40221
local, and exempted village school district, community school	40222
established under Chapter 3314. of the Revised Code, and STEM	40223
school established under Chapter 3326. of the Revised Code for	40224
which funds are calculated for the professional development	40225
factor of the adequacy amount under section 3306.03, 3306.16, or	40226
3306.17 of the Revised Code shall use those funds to provide	40227
teacher professional development that is aligned with the	40228
standards for professional development adopted by the state board	40229
of education under section 3319.61 of the Revised Code. The	40230
department of education shall provide guidance to districts and	40231
schools in aligning professional development opportunities with	40232
the standards.	40233

Sec. 3306.04. (A) For purposes of calculating the adequacy	40234
amount for each city, local, and exempted village school district,	40235
the department of education shall calculate the number of the	40236
district's organizational units.	40237

(B) Except for a small school district, each school	40238
district's "organizational units" is the sum of its elementary	40239
school units, middle school units, and high school units, as	40240
follows:	40241

(1) The number of the district's elementary school	40242
organizational units is calculated by dividing its formula ADM for	40243
grades kindergarten to five by four hundred eighteen.	40244

(2) The number of the district's middle school organizational	40245
units is calculated by dividing its formula ADM for grades six to	40246
eight by five hundred fifty-seven.	40247

(3) The number of the district's high school organizational	40248
units is calculated by dividing its formula ADM for grades nine to	40249
twelve by seven hundred thirty-three.	40250

(C) For each small school district, the number of	40251
organizational units is one organizational unit.	40252

(D) Each school district, regardless of its formula ADM,	40253
shall have at least one organizational unit.	40254

Sec. 3306.05. (A) The instructional services support	40255
component of the adequacy amount for each city, local, and	40256
exempted village school district is the sum of the following:	40257

(1) The core teacher factor;

40258

(2) The specialist teacher factor;

40259

(3) The lead teacher factor;

40260

(4) The special education teacher factor;

40261

(5) The special education teacher's aide factor;

40262

(6) The limited English proficiency teacher factor;

40263

(7) The supplemental teacher factor.

40264

(B) Each factor listed in division (A) of this section shall	40265
be calculated by multiplying the Ohio educational challenge	40266
factor, specified for the district in section 3306.051 of the	40267
Revised Code, times the statewide base teacher salary of $56,902	40268
in fiscal year 2010 and $57,812 in fiscal year 2011, times the	40269
number of positions funded, as follows:	40270

(1) The number of core teacher positions funded shall be	40271
calculated by dividing the district's formula ADM in grades four	40272
to twelve by twenty-five, and then adding that number to the	40273
quotient of the district's formula ADM in grades kindergarten to	40274
three divided by the following:	40275

(a) In fiscal years 2010 and 2011, nineteen;

40276

(b) In fiscal years 2012 and 2013, seventeen;

40277

(c) In fiscal year 2014 and in each fiscal year thereafter,	40278
fifteen.	40279

(2) The number of specialist teacher positions funded shall	40280
be calculated by multiplying the number of core teacher positions	40281
determined under division (B)(1) of this section for grades	40282
kindergarten to eight by one-fifth, and by multiplying the number	40283
of core teacher positions determined for grades nine to twelve by	40284
one-fourth.	40285

(3) The number of lead teacher positions funded shall equal	40286
the number of the district's organizational units.	40287

(4) The number of special education teacher positions and	40288
special education teacher's aide positions funded shall be	40289
calculated as provided in section 3306.11 of the Revised Code.	40290

(5) The number of limited English proficiency teacher	40291
positions funded shall be calculated by multiplying the district's	40292
formula ADM times the district's percentage of limited English	40293
proficient students, as defined in 20 U.S.C. 7801, and then	40294
dividing that product by one hundred;	40295

(6) The number of supplemental teacher positions funded shall	40296
be calculated by multiplying the district's formula ADM times its	40297
targeted poverty indicator, and then dividing that product by one	40298
hundred.	40299

(C) Each school district shall account separately for	40300
expenditures of the amounts received for instructional services	40301
support under this section and report that information to the	40302
department of education.	40303

Sec. 3306.051. (A) The Ohio educational challenge factor is	40304
based on the following characteristics:	40305

(1) The college attainment rate of the school district's	40306
population;	40307

(2) The district's wealth per pupil, based on property	40308
valuation and federal adjusted gross income;	40309

(3) The district's concentration of poverty, based on its	40310
targeted poverty indicator.	40311

(B) The Ohio educational challenge factor for each city,	40312
local, and exempted village school district for fiscal years 2010	40313
and 2011 shall equal the following:	40314

		Educational	40315
School		Challenge	40316
District	County	Factor	40317
Ada Ex Vill SD	Hardin	1.276507	40318
Adena Local SD	Ross	1.464992	40319
Akron City SD	Summit	1.406389	40320
Alexander Local SD	Athens	1.313935	40321
Allen East Local SD	Allen	1.424432	40322
Alliance City SD	Stark	1.412775	40323
Amanda-Clearcreek Local SD	Fairfield	1.475639	40324
Amherst Ex Vill SD	Lorain	1.075260	40325
Anna Local SD	Shelby	1.145758	40326
Ansonia Local SD	Darke	1.491442	40327
Anthony Wayne Local SD	Lucas	0.967172	40328
Antwerp Local SD	Paulding	1.388847	40329
Arcadia Local SD	Hancock	1.099092	40330
Arcanum Butler Local SD	Darke	1.232531	40331
Archbold-Area Local SD	Fulton	1.061622	40332
Arlington Local SD	Hancock	1.209353	40333
Ashland City SD	Ashland	1.165340	40334
Ashtabula Area City SD	Ashtabula	1.382239	40335
Athens City SD	Athens	1.111632	40336
Aurora City SD	Portage	0.926606	40337
Austintown Local SD	Mahoning	1.199890	40338
Avon Lake City SD	Lorain	0.907126	40339
Avon Local SD	Lorain	0.956278	40340
Ayersville Local SD	Defiance	1.083115	40341
Barberton City SD	Summit	1.378977	40342
Barnesville Ex Vill SD	Belmont	1.336210	40343
Batavia Local SD	Clermont	1.237613	40344
Bath Local SD	Allen	1.162598	40345
Bay Village City SD	Cuyahoga	0.872927	40346
Beachwood City SD	Cuyahoga	0.788347	40347
Beaver Local SD	Columbiana	1.326577	40348
Beavercreek City SD	Greene	0.922944	40349
Bedford City SD	Cuyahoga	1.146404	40350
Bellaire Local SD	Belmont	1.553266	40351
Bellefontaine City SD	Logan	1.316875	40352
Bellevue City SD	Huron	1.224385	40353
Belpre City SD	Washington	1.189101	40354
Benjamin Logan Local SD	Logan	1.092906	40355
Benton Carroll Salem Local SD	Ottawa	1.064360	40356
Berea City SD	Cuyahoga	1.076406	40357
Berkshire Local SD	Geauga	1.031217	40358
Berlin-Milan Local SD	Erie	1.080029	40359
Berne Union Local SD	Fairfield	1.212285	40360
Bethel Local SD	Miami	1.042841	40361
Bethel-Tate Local SD	Clermont	1.467173	40362
Bettsville Local SD	Seneca	1.266982	40363
Bexley City SD	Franklin	0.811340	40364
Big Walnut Local SD	Delaware	0.967045	40365
Black River Local SD	Medina	1.235165	40366
Blanchester Local SD	Clinton	1.464462	40367
Bloom Carroll Local SD	Fairfield	1.019268	40368
Bloomfield-Mespo Local SD	Trumbull	1.242742	40369
Bloom-Vernon Local SD	Scioto	1.550611	40370
Bluffton Ex Vill SD	Allen	1.110535	40371
Boardman Local SD	Mahoning	1.059697	40372
Botkins Local SD	Shelby	1.160687	40373
Bowling Green City SD	Wood	0.994699	40374
Bradford Ex Vill SD	Miami	1.501180	40375
Brecksville-Broadview Hts City SD	Cuyahoga	0.907332	40376
Bridgeport Ex Vill SD	Belmont	1.400416	40377
Bright Local SD	Highland	1.514786	40378
Bristol Local SD	Trumbull	1.311147	40379
Brookfield Local SD	Trumbull	1.254722	40380
Brooklyn City SD	Cuyahoga	1.095906	40381
Brookville Local SD	Montgomery	1.117308	40382
Brown Local SD	Carroll	1.200260	40383
Brunswick City SD	Medina	1.070900	40384
Bryan City SD	Williams	1.147033	40385
Buckeye Central Local SD	Crawford	1.318612	40386
Buckeye Local SD	Ashtabula	1.205162	40387
Buckeye Local SD	Jefferson	1.289405	40388
Buckeye Local SD	Medina	1.045651	40389
Buckeye Valley Local SD	Delaware	1.000444	40390
Bucyrus City SD	Crawford	1.523808	40391
Caldwell Ex Vill SD	Noble	1.326424	40392
Cambridge City SD	Guernsey	1.499755	40393
Campbell City SD	Mahoning	1.595858	40394
Canal Winchester Local SD	Franklin	1.106260	40395
Canfield Local SD	Mahoning	0.947954	40396
Canton City SD	Stark	1.585014	40397
Canton Local SD	Stark	1.232137	40398
Cardinal Local SD	Geauga	1.108513	40399
Cardington-Lincoln Local SD	Morrow	1.470847	40400
Carey Ex Vill SD	Wyandot	1.236865	40401
Carlisle Local SD	Warren	1.238244	40402
Carrollton Ex Vill SD	Carroll	1.267127	40403
Cedar Cliff Local SD	Greene	1.196668	40404
Celina City SD	Mercer	1.175680	40405
Centerburg Local SD	Knox	1.226160	40406
Centerville City SD	Montgomery	0.874900	40407
Central Local SD	Defiance	1.471967	40408
Chagrin Falls Ex Vill SD	Cuyahoga	0.773955	40409
Champion Local SD	Trumbull	1.138977	40410
Chardon Local SD	Geauga	0.970334	40411
Chesapeake Union Ex Vill SD	Lawrence	1.588621	40412
Chillicothe City SD	Ross	1.213102	40413
Chippewa Local SD	Wayne	1.085963	40414
Cincinnati City SD	Hamilton	1.160152	40415
Circleville City SD	Pickaway	1.242114	40416
Clark-Shawnee Local SD	Clark	1.060460	40417
Clay Local SD	Scioto	1.438160	40418
Claymont City SD	Tuscarawas	1.549650	40419
Clear Fork Valley Local SD	Richland	1.313111	40420
Clearview Local SD	Lorain	1.541988	40421
Clermont-Northeastern Local SD	Clermont	1.156191	40422
Cleveland Hts-Univ Hts City SD	Cuyahoga	1.034050	40423
Cleveland Municipal SD	Cuyahoga	1.591903	40424
Clinton-Massie Local SD	Clinton	1.133361	40425
Cloverleaf Local SD	Medina	1.075321	40426
Clyde-Green Springs Ex Vill SD	Sandusky	1.316544	40427
Coldwater Ex Vill SD	Mercer	1.379071	40428
College Corner Local SD	Preble	1.316130	40429
Colonel Crawford Local SD	Crawford	1.091023	40430
Columbia Local SD	Lorain	1.030821	40431
Columbiana Ex Vill SD	Columbiana	1.137881	40432
Columbus City SD	Franklin	1.266133	40433
Columbus Grove Local SD	Putnam	1.244911	40434
Conneaut Area City SD	Ashtabula	1.525711	40435
Conotton Valley Union Local SD	Harrison	1.345678	40436
Continental Local SD	Putnam	1.396089	40437
Copley-Fairlawn City SD	Summit	0.909191	40438
Cory-Rawson Local SD	Hancock	1.146248	40439
Coshocton City SD	Coshocton	1.385980	40440
Coventry Local SD	Summit	1.095527	40441
Covington Ex Vill SD	Miami	1.157932	40442
Crestline Ex Vill SD	Crawford	1.374339	40443
Crestview Local SD	Columbiana	1.310088	40444
Crestview Local SD	Richland	1.481045	40445
Crestview Local SD	Van Wert	1.373754	40446
Crestwood Local SD	Portage	1.129538	40447
Crooksville Ex Vill SD	Perry	1.573427	40448
Cuyahoga Falls City SD	Summit	1.094856	40449
Cuyahoga Heights Local SD	Cuyahoga	0.898436	40450
Dalton Local SD	Wayne	1.092859	40451
Danbury Local SD	Ottawa	0.971857	40452
Danville Local SD	Knox	1.494103	40453
Dawson-Bryant Local SD	Lawrence	1.648169	40454
Dayton City SD	Montgomery	1.448163	40455
Deer Park Community City SD	Hamilton	1.020600	40456
Defiance City SD	Defiance	1.325040	40457
Delaware City SD	Delaware	1.113757	40458
Delphos City SD	Allen	1.157538	40459
Dover City SD	Tuscarawas	1.140054	40460
Dublin City SD	Franklin	0.867517	40461
East Cleveland City SD	Cuyahoga	1.581708	40462
East Clinton Local SD	Clinton	1.462780	40463
East Guernsey Local SD	Guernsey	1.515285	40464
East Holmes Local SD	Holmes	1.139627	40465
East Knox Local SD	Knox	1.155805	40466
East Liverpool City SD	Columbiana	1.590185	40467
East Muskingum Local SD	Muskingum	1.207660	40468
East Palestine City SD	Columbiana	1.344973	40469
Eastern Local SD	Brown	1.331577	40470
Eastern Local SD	Meigs	1.512415	40471
Eastern Local SD	Pike	1.581268	40472
Eastwood Local SD	Wood	1.126743	40473
Eaton Community Schools City SD	Preble	1.136722	40474
Edgerton Local SD	Williams	1.306016	40475
Edgewood City SD	Butler	1.233147	40476
Edison Local SD	Jefferson	1.199355	40477
Edon-Northwest Local SD	Williams	1.318268	40478
Elgin Local SD	Marion	1.333351	40479
Elida Local SD	Allen	1.174016	40480
Elmwood Local SD	Wood	1.457047	40481
Elyria City SD	Lorain	1.284154	40482
Euclid City SD	Cuyahoga	1.257378	40483
Evergreen Local SD	Fulton	1.132215	40484
Fairbanks Local SD	Union	1.029919	40485
Fairborn City SD	Greene	1.169324	40486
Fairfield City SD	Butler	1.120999	40487
Fairfield Local SD	Highland	1.476728	40488
Fairfield Union Local SD	Fairfield	1.305113	40489
Fairland Local SD	Lawrence	1.298842	40490
Fairlawn Local SD	Shelby	1.450135	40491
Fairless Local SD	Stark	1.342312	40492
Fairport Harbor Ex Vill SD	Lake	1.074627	40493
Fairview Park City SD	Cuyahoga	0.917044	40494
Fayetteville-Perry Local SD	Brown	1.232747	40495
Federal Hocking Local SD	Athens	1.504926	40496
Felicity-Franklin Local SD	Clermont	1.545885	40497
Field Local SD	Portage	1.063508	40498
Findlay City SD	Hancock	1.134799	40499
Finneytown Local SD	Hamilton	1.067569	40500
Firelands Local SD	Lorain	1.084064	40501
Forest Hills Local SD	Hamilton	0.918825	40502
Fort Frye Local SD	Washington	1.247229	40503
Fort Loramie Local SD	Shelby	1.228727	40504
Fort Recovery Local SD	Mercer	1.390459	40505
Fostoria City SD	Seneca	1.398532	40506
Franklin City SD	Warren	1.181691	40507
Franklin Local SD	Muskingum	1.516304	40508
Franklin-Monroe Local SD	Darke	1.155467	40509
Fredericktown Local SD	Knox	1.206674	40510
Fremont City SD	Sandusky	1.222520	40511
Frontier Local SD	Washington	1.548391	40512
Gahanna-Jefferson City SD	Franklin	0.937449	40513
Galion City SD	Crawford	1.340599	40514
Gallia County Local SD	Gallia	1.180183	40515
Gallipolis City SD	Gallia	1.309992	40516
Garaway Local SD	Tuscarawas	1.168729	40517
Garfield Heights City SD	Cuyahoga	1.275039	40518
Geneva Area City SD	Ashtabula	1.241353	40519
Genoa Area Local SD	Ottawa	1.144052	40520
Georgetown Ex Vill SD	Brown	1.330521	40521
Gibsonburg Ex Vill SD	Sandusky	1.447493	40522
Girard City SD	Trumbull	1.331051	40523
Gorham Fayette Local SD	Fulton	1.474052	40524
Goshen Local SD	Clermont	1.330935	40525
Graham Local SD	Champaign	1.232041	40526
Grand Valley Local SD	Ashtabula	1.254268	40527
Grandview Heights City SD	Franklin	0.884845	40528
Granville Ex Vill SD	Licking	0.945199	40529
Green Local SD	Scioto	1.368399	40530
Green Local SD	Summit	1.028315	40531
Green Local SD	Wayne	1.206381	40532
Greeneview Local SD	Greene	1.148655	40533
Greenfield Ex Vill SD	Highland	1.511212	40534
Greenon Local SD	Clark	1.063320	40535
Greenville City SD	Darke	1.182750	40536
Groveport Madison Local SD	Franklin	1.237531	40537
Hamilton City SD	Butler	1.370018	40538
Hamilton Local SD	Franklin	1.517435	40539
Hardin Northern Local SD	Hardin	1.241016	40540
Hardin-Houston Local SD	Shelby	1.235363	40541
Harrison Hills City SD	Harrison	1.285541	40542
Heath City SD	Licking	1.159649	40543
Hicksville Ex Vill SD	Defiance	1.451150	40544
Highland Local SD	Medina	0.966108	40545
Highland Local SD	Morrow	1.319540	40546
Hilliard City SD	Franklin	0.985085	40547
Hillsboro City SD	Highland	1.326287	40548
Hillsdale Local SD	Ashland	1.192263	40549
Holgate Local SD	Henry	1.480580	40550
Hopewell-Loudon Local SD	Seneca	1.094095	40551
Howland Local SD	Trumbull	0.997232	40552
Hubbard Ex Vill SD	Trumbull	1.217366	40553
Huber Heights City SD	Montgomery	1.189895	40554
Hudson Local SD	Summit	0.867982	40555
Huntington Local SD	Ross	1.563988	40556
Huron City SD	Erie	0.953062	40557
Independence Local SD	Cuyahoga	0.877361	40558
Indian Creek Local SD	Jefferson	1.194894	40559
Indian Hill Ex Vill SD	Hamilton	0.769421	40560
Indian Lake Local SD	Logan	1.177268	40561
Indian Valley Local SD	Tuscarawas	1.490431	40562
Ironton City SD	Lawrence	1.372550	40563
Jackson Center Local SD	Shelby	1.222754	40564
Jackson City SD	Jackson	1.339235	40565
Jackson Local SD	Stark	0.936952	40566
Jackson-Milton Local SD	Mahoning	1.120098	40567
James A Garfield Local SD	Portage	1.221108	40568
Jefferson Area Local SD	Ashtabula	1.231486	40569
Jefferson Local SD	Madison	1.217465	40570
Jefferson Township Local SD	Montgomery	1.349631	40571
Jennings Local SD	Putnam	1.233214	40572
Johnstown-Monroe Local SD	Licking	1.068628	40573
Jonathan Alder Local SD	Madison	1.087918	40574
Joseph Badger Local SD	Trumbull	1.217508	40575
Kalida Local SD	Putnam	1.134357	40576
Kelleys Island Local SD	Erie	0.897093	40577
Kenston Local SD	Geauga	0.888370	40578
Kent City SD	Portage	1.292091	40579
Kenton City SD	Hardin	1.341240	40580
Kettering City SD	Montgomery	1.039020	40581
Keystone Local SD	Lorain	1.095731	40582
Kings Local SD	Warren	0.944617	40583
Kirtland Local SD	Lake	0.869122	40584
La Brae Local SD	Trumbull	1.509648	40585
Lake Local SD	Stark	1.105350	40586
Lake Local SD	Wood	1.092732	40587
Lakeview Local SD	Trumbull	1.050113	40588
Lakewood City SD	Cuyahoga	1.082658	40589
Lakewood Local SD	Licking	1.161169	40590
Lakota Local SD	Butler	0.991612	40591
Lakota Local SD	Sandusky	1.334058	40592
Lancaster City SD	Fairfield	1.181921	40593
Lebanon City SD	Warren	1.057278	40594
Ledgemont Local SD	Geauga	1.089874	40595
Leetonia Ex Vill SD	Columbiana	1.492636	40596
Leipsic Local SD	Putnam	1.358612	40597
Lexington Local SD	Richland	1.055083	40598
Liberty Benton Local SD	Hancock	1.100796	40599
Liberty Center Local SD	Henry	1.243394	40600
Liberty Local SD	Trumbull	1.143199	40601
Liberty Union-Thurston Local SD	Fairfield	1.153214	40602
Licking Heights Local SD	Licking	1.099699	40603
Licking Valley Local SD	Licking	1.315180	40604
Lima City SD	Allen	1.609824	40605
Lincolnview Local SD	Van Wert	1.304841	40606
Lisbon Ex Vill SD	Columbiana	1.485931	40607
Little Miami Local SD	Warren	1.000131	40608
Lockland City SD	Hamilton	1.263116	40609
Logan Elm Local SD	Pickaway	1.144691	40610
Logan-Hocking Local SD	Hocking	1.351308	40611
London City SD	Madison	1.168705	40612
Lorain City SD	Lorain	1.606260	40613
Lordstown Local SD	Trumbull	1.028907	40614
Loudonville-Perrysville Ex Vill SD	Ashland	1.239646	40615
Louisville City SD	Stark	1.145913	40616
Loveland City SD	Hamilton	0.952906	40617
Lowellville Local SD	Mahoning	1.444465	40618
Lucas Local SD	Richland	1.148773	40619
Lynchburg-Clay Local SD	Highland	1.487133	40620
Mad River Local SD	Montgomery	1.516797	40621
Madeira City SD	Hamilton	0.902798	40622
Madison Local SD	Butler	1.149365	40623
Madison Local SD	Lake	1.210499	40624
Madison Local SD	Richland	1.260875	40625
Madison-Plains Local SD	Madison	1.111244	40626
Manchester Local SD	Summit	1.072196	40627
Manchester Local SD	Adams	1.093117	40628
Mansfield City SD	Richland	1.413073	40629
Maple Heights City SD	Cuyahoga	1.369670	40630
Mapleton Local SD	Ashland	1.244822	40631
Maplewood Local SD	Trumbull	1.306471	40632
Margaretta Local SD	Erie	1.101795	40633
Mariemont City SD	Hamilton	0.888848	40634
Marietta City SD	Washington	1.142004	40635
Marion City SD	Marion	1.561608	40636
Marion Local SD	Mercer	1.395959	40637
Marlington Local SD	Stark	1.198789	40638
Martins Ferry City SD	Belmont	1.598533	40639
Marysville Ex Vill SD	Union	1.084320	40640
Mason City SD	Warren	0.992155	40641
Massillon City SD	Stark	1.355745	40642
Mathews Local SD	Trumbull	1.030473	40643
Maumee City SD	Lucas	0.996440	40644
Mayfield City SD	Cuyahoga	0.851001	40645
Maysville Local SD	Muskingum	1.517598	40646
McComb Local SD	Hancock	1.301153	40647
McDonald Local SD	Trumbull	1.429212	40648
Mechanicsburg Ex Vill SD	Champaign	1.243229	40649
Medina City SD	Medina	1.005089	40650
Meigs Local SD	Meigs	1.584300	40651
Mentor Ex Vill SD	Lake	0.964461	40652
Miami East Local SD	Miami	1.121995	40653
Miami Trace Local SD	Fayette	1.228492	40654
Miamisburg City SD	Montgomery	1.114930	40655
Middletown City SD	Butler	1.257163	40656
Midview Local SD	Lorain	1.092786	40657
Milford Ex Vill SD	Clermont	1.018109	40658
Millcreek-West Unity Local SD	Williams	1.351879	40659
Miller City-New Cleveland Local SD	Putnam	1.379562	40660
Milton-Union Ex Vill SD	Miami	1.221554	40661
Minerva Local SD	Stark	1.326538	40662
Minford Local SD	Scioto	1.509434	40663
Minster Local SD	Auglaize	1.068103	40664
Mississinawa Valley Local SD	Darke	1.517760	40665
Mogadore Local SD	Summit	1.115527	40666
Mohawk Local SD	Wyandot	1.149449	40667
Monroe Local SD	Butler	0.988156	40668
Monroeville Local SD	Huron	1.105963	40669
Montpelier Ex Vill SD	Williams	1.484169	40670
Morgan Local SD	Morgan	1.515632	40671
Mount Gilead Ex Vill SD	Morrow	1.303456	40672
Mount Healthy City SD	Hamilton	1.385527	40673
Mount Vernon City SD	Knox	1.222667	40674
Napoleon City SD	Henry	1.219862	40675
National Trail Local SD	Preble	1.337309	40676
Nelsonville-York City SD	Athens	1.554619	40677
New Albany-Plain Local SD	Franklin	0.863212	40678
New Boston Local SD	Scioto	1.589690	40679
New Bremen Local SD	Auglaize	1.127253	40680
New Knoxville Local SD	Auglaize	1.217764	40681
New Lebanon Local SD	Montgomery	1.462491	40682
New Lexington City SD	Perry	1.545076	40683
New London Local SD	Huron	1.474130	40684
New Miami Local SD	Butler	1.573547	40685
New Philadelphia City SD	Tuscarawas	1.184127	40686
New Richmond Ex Vill SD	Clermont	1.121137	40687
New Riegel Local SD	Seneca	1.393211	40688
Newark City SD	Licking	1.252280	40689
Newbury Local SD	Geauga	0.944732	40690
Newcomerstown Ex Vill SD	Tuscarawas	1.529126	40691
Newton Falls Ex Vill SD	Trumbull	1.313730	40692
Newton Local SD	Miami	1.224466	40693
Niles City SD	Trumbull	1.334003	40694
Noble Local SD	Noble	1.480889	40695
Nordonia Hills City SD	Summit	0.934080	40696
North Baltimore Local SD	Wood	1.308125	40697
North Canton City SD	Stark	1.003775	40698
North Central Local SD	Wayne	1.223714	40699
North Central Local SD	Williams	1.324444	40700
North College Hill City SD	Hamilton	1.379521	40701
North Fork Local SD	Licking	1.226601	40702
North Olmsted City SD	Cuyahoga	1.055678	40703
North Ridgeville City SD	Lorain	1.035395	40704
North Royalton City SD	Cuyahoga	0.943948	40705
North Union Local SD	Union	1.325953	40706
Northeastern Local SD	Clark	1.119356	40707
Northeastern Local SD	Defiance	1.078723	40708
Northern Local SD	Perry	1.254464	40709
Northmont City SD	Montgomery	1.099334	40710
Northmor Local SD	Morrow	1.234469	40711
Northridge Local SD	Licking	1.112137	40712
Northridge Local SD	Montgomery	1.313654	40713
Northwest Local SD	Hamilton	1.097477	40714
Northwest Local SD	Scioto	1.585245	40715
Northwest Local SD	Stark	1.188706	40716
Northwestern Local SD	Clark	1.124065	40717
Northwestern Local SD	Wayne	1.480021	40718
Northwood Local SD	Wood	1.172657	40719
Norton City SD	Summit	1.077363	40720
Norwalk City SD	Huron	1.238518	40721
Norwood City SD	Hamilton	1.203977	40722
Oak Hill Union Local SD	Jackson	1.517445	40723
Oak Hills Local SD	Hamilton	1.009889	40724
Oakwood City SD	Montgomery	0.888026	40725
Oberlin City SD	Lorain	1.151305	40726
Ohio Valley Local SD	Adams	1.546394	40727
Old Fort Local SD	Seneca	1.154292	40728
Olentangy Local SD	Delaware	0.873909	40729
Olmsted Falls City SD	Cuyahoga	1.034716	40730
Ontario Local SD	Richland	1.017660	40731
Orange City SD	Cuyahoga	0.767949	40732
Oregon City SD	Lucas	1.149614	40733
Orrville City SD	Wayne	1.220908	40734
Osnaburg Local SD	Stark	1.161056	40735
Otsego Local SD	Wood	1.085754	40736
Ottawa Hills Local SD	Lucas	0.807704	40737
Ottawa-Glandorf Local SD	Putnam	1.129901	40738
Ottoville Local SD	Putnam	1.155937	40739
Painsville City Local SD	Lake	1.576006	40740
Painsville Township Local SD	Lake	0.979713	40741
Paint Valley Local SD	Ross	1.511112	40742
Pandora-Gilboa Local SD	Putnam	1.207508	40743
Parkway Local SD	Mercer	1.451914	40744
Parma City SD	Cuyahoga	1.096590	40745
Patrick Henry Local SD	Henry	1.314110	40746
Paulding Ex Vill SD	Paulding	1.316904	40747
Perkins Local SD	Erie	1.006525	40748
Perry Local SD	Allen	1.252464	40749
Perry Local SD	Lake	1.014880	40750
Perry Local SD	Stark	1.155570	40751
Perrysburg Ex Vill SD	Wood	0.941179	40752
Pettisville Local SD	Fulton	1.215972	40753
Pickerington Local SD	Fairfield	1.078034	40754
Pike-Delta-York Local SD	Fulton	1.225338	40755
Piqua City SD	Miami	1.252751	40756
Plain Local SD	Stark	1.101022	40757
Pleasant Local SD	Marion	1.066006	40758
Plymouth-Shiloh Local SD	Richland	1.539933	40759
Poland Local SD	Mahoning	0.976878	40760
Port Clinton City SD	Ottawa	1.045171	40761
Portsmouth City SD	Scioto	1.560445	40762
Preble-Shawnee Local SD	Preble	1.253492	40763
Princeton City SD	Hamilton	0.989700	40764
Put-In-Bay Local SD	Ottawa	0.870887	40765
Pymatuning Valley Local SD	Ashtabula	1.357539	40766
Ravenna City SD	Portage	1.258270	40767
Reading Community City SD	Hamilton	1.138957	40768
Revere Local SD	Summit	0.811916	40769
Reynoldsburg City SD	Franklin	1.185729	40770
Richmond Heights Local SD	Cuyahoga	0.988219	40771
Ridgedale Local SD	Marion	1.232091	40772
Ridgemont Local SD	Hardin	1.315320	40773
Ridgewood Local SD	Coshocton	1.499377	40774
Ripley-Union-Lewis Local SD	Brown	1.518737	40775
Rittman Ex Vill SD	Wayne	1.341158	40776
River Valley Local SD	Marion	1.144948	40777
River View Local SD	Coshocton	1.255718	40778
Riverdale Local SD	Hardin	1.463411	40779
Riverside Local SD	Logan	1.477936	40780
Rock Hill Local SD	Lawrence	1.590768	40781
Rocky River City SD	Cuyahoga	0.840017	40782
Rolling Hills Local SD	Guernsey	1.513489	40783
Rootstown Local SD	Portage	1.084884	40784
Ross Local SD	Butler	1.128779	40785
Rossford Ex Vill SD	Wood	1.080899	40786
Russia Local SD	Shelby	1.374251	40787
Salem City SD	Columbiana	1.180687	40788
Sandusky City SD	Erie	1.300930	40789
Sandy Valley Local SD	Stark	1.331965	40790
Scioto Valley Local SD	Pike	1.526714	40791
Sebring Local SD	Mahoning	1.501056	40792
Seneca East Local SD	Seneca	1.233540	40793
Shadyside Local SD	Belmont	1.206383	40794
Shaker Heights City SD	Cuyahoga	0.930871	40795
Shawnee Local SD	Allen	1.008274	40796
Sheffield-Sheffield Lake City SD	Lorain	1.122898	40797
Shelby City SD	Richland	1.248437	40798
Sidney City SD	Shelby	1.240389	40799
Solon City SD	Cuyahoga	0.895529	40800
South Central Local SD	Huron	1.497606	40801
South Euclid-Lyndhurst City SD	Cuyahoga	1.002369	40802
South Point Local SD	Lawrence	1.517360	40803
South Range Local SD	Mahoning	1.076772	40804
Southeast Local SD	Portage	1.237090	40805
Southeast Local SD	Wayne	1.180842	40806
Southeastern Local SD	Clark	1.160870	40807
Southeastern Local SD	Ross	1.513790	40808
Southern Local SD	Columbiana	1.537098	40809
Southern Local SD	Meigs	1.547346	40810
Southern Local SD	Perry	1.600707	40811
Southington Local SD	Trumbull	1.160291	40812
Southwest Licking Local SD	Licking	1.065949	40813
Southwest Local SD	Hamilton	1.093489	40814
South-Western City SD	Franklin	1.265187	40815
Spencerville Local SD	Allen	1.301749	40816
Springboro Community City SD	Warren	0.960788	40817
Springfield City SD	Clark	1.552526	40818
Springfield Local SD	Lucas	1.056764	40819
Springfield Local SD	Mahoning	1.192990	40820
Springfield Local SD	Summit	1.196328	40821
St Bernard-Elmwood Place City SD	Hamilton	1.248092	40822
St Clairsville-Richland City SD	Belmont	1.150841	40823
St Henry Consolidated Local SD	Mercer	1.382949	40824
St Marys City SD	Auglaize	1.150444	40825
Steubenville City SD	Jefferson	1.365647	40826
Stow-Munroe Falls City SD	Summit	0.974464	40827
Strasburg-Franklin Local SD	Tuscarawas	1.147256	40828
Streetsboro City SD	Portage	1.023340	40829
Strongsville City SD	Cuyahoga	0.942379	40830
Struthers City SD	Mahoning	1.530919	40831
Stryker Local SD	Williams	1.237584	40832
Sugarcreek Local SD	Greene	0.946787	40833
Swanton Local SD	Fulton	1.077057	40834
Switzerland Of Ohio Local SD	Monroe	1.363501	40835
Sycamore Community City SD	Hamilton	0.805157	40836
Sylvania City SD	Lucas	0.919772	40837
Symmes Valley Local SD	Lawrence	1.554601	40838
Talawanda City SD	Butler	1.090290	40839
Tallmadge City SD	Summit	1.039240	40840
Teays Valley Local SD	Pickaway	1.231537	40841
Tecumseh Local SD	Clark	1.318724	40842
Three Rivers Local SD	Hamilton	0.992195	40843
Tiffin City SD	Seneca	1.200469	40844
Tipp City Ex Vill SD	Miami	1.056646	40845
Toledo City SD	Lucas	1.362225	40846
Toronto City SD	Jefferson	1.279649	40847
Triad Local SD	Champaign	1.247663	40848
Tri-County North Local SD	Preble	1.220510	40849
Trimble Local SD	Athens	1.608740	40850
Tri-Valley Local SD	Muskingum	1.302648	40851
Tri-Village Local SD	Darke	1.253812	40852
Triway Local SD	Wayne	1.201400	40853
Trotwood-Madison City SD	Montgomery	1.536714	40854
Troy City SD	Miami	1.128451	40855
Tuscarawas Valley Local SD	Tuscarawas	1.133251	40856
Tuslaw Local SD	Stark	1.149109	40857
Twin Valley Community Local SD	Preble	1.226702	40858
Twinsburg City SD	Summit	0.954737	40859
Union Local SD	Belmont	1.472803	40860
Union Scioto Local SD	Ross	1.459022	40861
United Local SD	Columbiana	1.456646	40862
Upper Arlington City SD	Franklin	0.763445	40863
Upper Sandusky Ex Vill SD	Wyandot	1.211886	40864
Upper Scioto Valley Local SD	Hardin	1.481493	40865
Urbana City SD	Champaign	1.245402	40866
Valley Local SD	Scioto	1.556395	40867
Valley View Local SD	Montgomery	1.134885	40868
Van Buren Local SD	Hancock	0.986475	40869
Van Wert City SD	Van Wert	1.302853	40870
Vandalia-Butler City SD	Montgomery	0.982917	40871
Vanlue Local SD	Hancock	1.225490	40872
Vermilion Local SD	Erie	1.101326	40873
Versailles Ex Vill SD	Darke	1.234253	40874
Vinton County Local SD	Vinton	1.581898	40875
Wadsworth City SD	Medina	1.221864	40876
Walnut Township Local SD	Fairfield	1.169550	40877
Wapakoneta City SD	Auglaize	1.218209	40878
Warren City SD	Trumbull	1.557959	40879
Warren Local SD	Washington	1.298018	40880
Warrensville Heights City SD	Cuyahoga	1.261012	40881
Washington Court House City SD	Fayette	1.333465	40882
Washington Local SD	Lucas	1.172637	40883
Washington-Nile Local SD	Scioto	1.547444	40884
Waterloo Local SD	Portage	1.150614	40885
Wauseon Ex Vill SD	Fulton	1.299620	40886
Waverly City SD	Pike	1.469624	40887
Wayne Local SD	Warren	1.056943	40888
Wayne Trace Local SD	Paulding	1.323577	40889
Waynesfield-Goshen Local SD	Auglaize	1.402136	40890
Weathersfield Local SD	Trumbull	1.207306	40891
Wellington Ex Vill SD	Lorain	1.219534	40892
Wellston City SD	Jackson	1.550848	40893
Wellsville Local SD	Columbiana	1.568998	40894
West Branch Local SD	Mahoning	1.297805	40895
West Carrollton City SD	Montgomery	1.220862	40896
West Clermont Local SD	Clermont	1.059095	40897
West Geauga Local SD	Geauga	0.858500	40898
West Holmes Local SD	Holmes	1.243758	40899
West Liberty-Salem Local SD	Champaign	1.221358	40900
West Muskingum Local SD	Muskingum	1.138872	40901
Western Brown Local SD	Brown	1.508565	40902
Western Local SD	Pike	1.616394	40903
Western Reserve Local SD	Huron	1.309909	40904
Western Reserve Local SD	Mahoning	1.091041	40905
Westerville City SD	Franklin	0.963748	40906
Westfall Local SD	Pickaway	1.311966	40907
Westlake City SD	Cuyahoga	0.820277	40908
Wheelersburg Local SD	Scioto	1.305562	40909
Whitehall City SD	Franklin	1.402068	40910
Wickliffe City SD	Lake	0.994269	40911
Willard City SD	Huron	1.358778	40912
Williamsburg Local SD	Clermont	1.225041	40913
Willoughby-Eastlake City SD	Lake	1.069333	40914
Wilmington City SD	Clinton	1.169459	40915
Windham Ex Vill SD	Portage	1.584385	40916
Winton Woods City SD	Hamilton	1.120204	40917
Wolf Creek Local SD	Washington	1.158506	40918
Woodmore Local SD	Sandusky	1.082991	40919
Woodridge Local SD	Summit	0.956249	40920
Wooster City SD	Wayne	1.128544	40921
Worthington City SD	Franklin	0.896897	40922
Wynford Local SD	Crawford	1.300946	40923
Wyoming City SD	Hamilton	0.871194	40924
Xenia Community City SD	Greene	1.223093	40925
Yellow Springs Ex Vill SD	Greene	0.955678	40926
Youngstown City SD	Mahoning	1.634946	40927
Zane Trace Local SD	Ross	1.222296	40928
Zanesville City SD	Muskingum	1.389095	40929

Sec. 3306.052. Each city, local, and exempted village school	40931
district shall receive funding for career-technical education	40932
teachers and career-technical education program operations for	40933
fiscal years 2010 and 2011 as follows:	40934

(A) For fiscal year 2010, each district shall receive an	40935
amount equal to the amount the district received for fiscal year	40936
2009 under division (E) of section 3317.022 of the Revised Code,	40937
as that section existed for that fiscal year, less any amounts	40938
attributable to community school students and net of any additions	40939
or deductions attributable to open enrollment students, times	40940
1.019.	40941

(B) For fiscal year 2011, each district shall receive an	40942
amount equal to the amount the district received for fiscal year	40943
2010 under division (A) of this section times 1.019.	40944

Sec. 3306.06. (A) The additional services support component	40945
of the adequacy amount for each city, local, and exempted village	40946
school district is the sum of the following:	40947

(1) The family and community liaison factor;

40948

(2) The counselor factor;

40949

(3) The summer remediation factor;

40950

(4) The school nurse wellness coordinator factor;

40951

(5) The district health professional factor.

40952

(B)(1) The family and community liaison factor shall be	40953
calculated by multiplying the school district's formula ADM times	40954
its targeted poverty indicator and dividing the product by	40955
seventy-five, and then multiplying the quotient by the product of	40956
the applicable Ohio educational challenge factor times $38,633,	40957
in fiscal year 2010, and times $39,381, in fiscal year 2011.	40958

(2) The counselor factor shall be calculated by dividing the	40959
district's formula ADM for grades six to twelve by two hundred	40960
fifty, and then multiplying the quotient by a dollar amount for	40961
each fiscal year established by law. No counselor factor shall	40962
be calculated and paid for fiscal years 2010 and 2011.	40963

(3) The summer remediation program factor shall be calculated	40964
by multiplying the district's formula ADM times its targeted	40965
poverty indicator times fifty per cent, which represents the	40966
anticipated participation rate, dividing that product by thirty,	40967
which is the assumed student-to-teacher ratio for summer	40968
remediation, and multiplying that quotient by the product of	40969
$3,000 times the applicable Ohio educational challenge factor.	40970

(4) The school nurse wellness coordinator factor shall be	40971
calculated by multiplying the number of the district's	40972
organizational units times a dollar amount for each fiscal year	40973
established by law, except that in a small school district, the	40974
school nurse wellness coordinator factor shall be zero. No school	40975
nurse wellness coordinator factor shall be calculated and paid for	40976
fiscal years 2010 and 2011.	40977

(5) The district health professional factor for each district	40978
equals a dollar amount specified by law for each fiscal year. No	40979
district health professional factor shall be calculated and paid	40980
for fiscal years 2010 and 2011.	40981

(C) In adopting expenditure and reporting standards under	40982
section 3306.25 of the Revised Code, the superintendent of public	40983
instruction shall include standards that encourage school	40984
districts to give preference to employing or obtaining the	40985
services of licensed school nurses with funds received for the	40986
school nurse wellness coordinator factor and the district health	40987
professional factor.	40988

(D) Each school district shall account separately for	40989
expenditures of the amounts received for additional services	40990
support under this section and report that information to the	40991
department of education.	40992

Sec. 3306.07. (A) The administrative services support	40993
component of the adequacy amount for each city, local, and	40994
exempted village school district is the sum of the following:	40995

(1) The district administration factor;

40996

(2) The principal factor;

40997

(3) The administrative support personnel factor;

40998

(B)(1) The district administration factor equals $187,176 in	40999
fiscal year 2010 and $190,801 in fiscal year 2011.	41000

(2) The principal factor shall be calculated by multiplying	41001
the number of the district's organizational units times $89,563 in	41002
fiscal year 2010 and $91,297 in fiscal year 2011. However, each	41003
type 1 or type 2 school district shall receive for a principal	41004
factor an amount not less than the applicable dollar amount	41005
specified in this paragraph times the number of school buildings	41006
in the district for which the department of education issued a	41007
report card under section 3302.03 of the Revised Code for the	41008
prior school year. As used in this division, "type 1 school	41009
district" means a school district characterized as a type 1	41010
(rural/agricultural, high poverty, low median income) district,	41011
and "type 2 school district" means a school district characterized	41012
as a type 2 (rural/agricultural, small student population, low	41013
poverty, low to moderate median income), in the typology of	41014
districts published by the department in July 2007.	41015

(3) The administrative support personnel factor is funding	41016
determined for building managers, secretaries, and	41017
noninstructional aides.	41018

(a) The funding for building managers shall be calculated by	41019
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year	41020
2011 times the number of the district's organizational units.	41021

(b) The funding for secretaries shall be calculated by	41022
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year	41023
2011 times the number of the district's organizational units,	41024
where two additional secretaries shall be funded for each high	41025
school organizational unit.	41026

(c) The funding for noninstructional aides shall be a	41027
dollar amount set by law for each fiscal year times the number of	41028
the district's organizational units, where the organizational	41029
units are multiplied by two in the case of elementary school and	41030
middle school organizational units and by three in case of high	41031
school organizational units.	41032

However, each small school district shall receive funding for	41033
one building manager, one secretary, and one noninstructional	41034
aide. Every other city, local, and exempted village school	41035
district shall receive funding for at least one building manager,	41036
one secretary, and one noninstructional aide.	41037

No funding shall be calculated and paid for noninstructional	41038
aides for fiscal years 2010 and 2011.	41039

(C) Each school district shall account separately for the	41040
amounts received for administrative services support under this	41041
section and report that information to the department of	41042
education.	41043

Sec. 3306.08. (A) The operations and maintenance support	41044
component of the adequacy amount for each city, local, and	41045
exempted village school district shall be calculated by	41046
multiplying the district's formula ADM times $884.	41047

(B) The operations and maintenance support for each city,	41048
local, and exempted village school district shall be adjusted by	41049
multiplying the calculated amount by 0.45 in fiscal years 2010	41050
and 2011, and by 0.75 in fiscal years 2012 and 2013.	41051

(C) Each school district shall account separately for	41052
expenditures of the amounts received for operations and	41053
maintenance support under this section and report that information	41054
to the department of education.	41055

Sec. 3306.09. (A) The gifted education support component of	41056
the adequacy amount for each city, local, and exempted village	41057
school district is the sum of the following:	41058

(1) The gifted identification factor;

41059

(2) The gifted coordinator factor;

41060

(3) The gifted intervention specialist factor;

41061

(4) The gifted intervention specialist professional	41062
development factor.	41063

(B)(1) The gifted identification factor shall be calculated	41064
by multiplying the district's formula ADM times $5.	41065

(2) The gifted coordinator factor shall be calculated by	41066
multiplying $66,375 in fiscal year 2010 and $67,660 in fiscal year	41067
2011 times the quotient of the district's formula ADM divided by	41068
two thousand five hundred.	41069

(3) The gifted intervention specialist factor shall be	41070
calculated by multiplying the number of the district's	41071
organizational units times the Ohio educational challenge factor	41072
specified for the district in section 3306.051 of the Revised Code	41073
times the statewide base teacher salary specified in section	41074
3306.05 of the Revised Code.	41075

(4) The gifted intervention specialist professional	41076
development factor shall be calculated by multiplying the number	41077
of the district's organizational units times the	41078
per-teaching-position dollar amount specified for the professional	41079
development factor in division (A)(7) of section 3306.03 of the	41080
Revised Code.	41081

(C) The gifted intervention specialist factor and the gifted	41082
intervention specialist professional development factor for each	41083
city, local, and exempted village school district, shall be	41084
adjusted by multiplying the calculated amount by 0.20 in fiscal	41085
year 2010, by 0.30 in fiscal year 2011, by 0.40 in fiscal years	41086
2012 and 2013, by 0.60 in fiscal years 2014 and 2015, and by 0.80	41087
in fiscal years 2016 and 2017.	41088

(D) A school district that does not submit an annual report	41089
under section 3324.05 of the Revised Code, or that reports zero	41090
students identified as gifted, shall receive zero funding for the	41091
gifted coordinator factor, the gifted intervention specialist	41092
factor, and the gifted intervention specialist professional	41093
development factor.	41094

(E) Each school district shall expend the funds calculated	41095
under the gifted education support component in accordance with	41096
rules adopted under section 3306.25 of the Revised Code. Those	41097
rules shall require that such funds be spent only for the	41098
employment of staff to serve students identified as gifted, in	41099
accordance with Chapter 3324. of the Revised Code, or for other	41100
services to such students. The rules shall be aligned with the	41101
operating standards for identifying and serving gifted students	41102
prescribed in rules adopted by the state board of education.	41103
Notwithstanding anything to the contrary in section 3306.25 of the	41104
Revised Code, the rules regarding the expenditure and reporting of	41105
funds for the gifted education support component adopted under	41106
that section shall take effect July 1, 2011.	41107

Subject to approval by the department of education, a school	41108
district may use up to fifteen per cent of the portion of the	41109
gifted intervention specialist factor attributable to the grade	41110
six through twelve formula ADM to support access to services	41111
provided by the district that are not services described in	41112
Chapter 3324. of the Revised Code but are specified in gifted	41113
students' written education plans prepared in accordance with the	41114
state board's operating standards for identifying and serving	41115
gifted students.	41116

(F) Each school district shall account separately for	41117
expenditures of the amounts received for gifted identification,	41118
gifted coordinators, gifted intervention specialists, and gifted	41119
intervention specialist professional development under this	41120
section and report that information to the department of	41121
education.	41122

(G)(1) Each city, local, and exempted village school district	41123
that received for fiscal year 2009 unit funding for gifted student	41124
services under division (L) of section 3317.024 and division (E)	41125
of section 3317.05 of the Revised Code, as those sections existed	41126
for that fiscal year, shall spend in each fiscal year thereafter	41127
for services to identified gifted students from the funds received	41128
under this chapter an amount not less than the aggregate amount	41129
received for such gifted unit funding for fiscal year 2009.	41130

(2) Each city, local, and exempted village school district	41131
that, in fiscal year 2009, received gifted student services from	41132
an educational service center, which service center received for	41133
fiscal year 2009 unit funding for gifted student services, shall	41134
in each fiscal year thereafter do either of the following:	41135

(a) Obtain gifted student services from an educational	41136
service center that are comparable to the gifted student services	41137
provided to the district with gifted unit funding in fiscal year	41138
2009 by an educational service center;	41139

(b) Spend for services to identified gifted students from the	41140
funds received under this chapter an amount not less than the	41141
amount of gifted unit funding expended by an educational service	41142
center in fiscal year 2009 for the district's students.	41143

(3) No district to which division (G)(1) or (2) of this	41144
section applies shall apply for or receive a waiver under section	41145
3306.40 of the Revised Code from the spending requirements	41146
prescribed in those divisions or under division (E) of this	41147
section.	41148

(4) Each educational service center that received for fiscal	41149
year 2009 unit funding for gifted student services shall spend	41150
from its state funds in each fiscal year thereafter for services	41151
to identified gifted students an amount not less than the	41152
aggregate amount received for gifted unit funding for fiscal year	41153
2009. No educational service center to which division (G)(4) of	41154
this section shall receive any waiver of this requirement.	41155

(H) A city, local, or exempted village school district that	41156
did not receive for fiscal year 2009 unit funding for gifted	41157
student services under division (L) of section 3317.024 and	41158
division (E) of section 3317.05 of the Revised Code, as those	41159
sections existed for that fiscal year, may apply for a waiver	41160
under section 3306.40 of the Revised Code from any expenditure	41161
requirements prescribed under division (E) of this section.	41162
Notwithstanding anything to the contrary in section 3306.40 of	41163
the Revised Code, the first waiver granted to a district pursuant	41164
to this division shall not be effective for longer than two	41165
years, and any subsequent renewal of that waiver shall not be	41166
effective for longer than one year.	41167

Sec. 3306.091. (A) The enrichment support component of the	41168
adequacy amount for each city, local, and exempted village school	41169
district shall be calculated by multiplying the district's formula	41170
ADM times $100 times the Ohio educational challenge factor.	41171

(B) The enrichment support for each city, local, and exempted	41172
village school district shall be adjusted by multiplying the	41173
calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal	41174
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	41175
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	41176
2017.	41177

(C) The enrichment support component shall be used for	41178
purposes other than services for students identified as gifted	41179
delivered in accordance with Chapter 3324. of the Revised Code. A	41180
district may spend the enrichment support component to pay for	41181
enrichment activities that may encourage the intellectual and	41182
creative pursuits of all students, including the fine arts.	41183

(D) Each school district shall account separately for	41184
expenditures of the amounts received for enrichment support under	41185
this section and report that information to the department of	41186
education.	41187

Sec. 3306.10. (A) The technology resources support component	41188
of the adequacy amount for each city, local, and exempted village	41189
school district is the sum of the following:	41190

(1) The licensed librarian and media specialist factor;

41191

(2) The technical equipment factor.

41192

(B)(1) The licensed librarian and media specialist factor	41193
shall be calculated by multiplying the number of the district's	41194
organizational units times $60,000.	41195

(2) The technical equipment factor shall be calculated by	41196
multiplying the district's formula ADM times $250.	41197

(C) The licensed librarian and media specialist factor and	41198
the technical equipment factor for each city, local, and exempted	41199
village school district shall be adjusted by multiplying the	41200
calculated amounts by 0.20 in fiscal year 2010, by 0.30 in fiscal	41201
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	41202
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	41203
2017.	41204

(D) Each school district shall account separately for the	41205
amounts received for technology resources support under this	41206
section and report that information to the department of	41207
education.	41208

Sec. 3306.11. (A) For the purpose of calculating a school	41209
district's instructional services support under section 3306.05 of	41210
the Revised Code, the number of special education teacher	41211
positions used in calculating the special education teacher	41212
factor, and the number of special education teacher's aide	41213
positions used in calculating the special education teacher's aide	41214
factor shall be calculated as set forth in this section.	41215

(B)(1) The number of special education teacher positions	41216
shall be calculated by multiplying the sum of the weighted number	41217
of children with disabilities calculated under division (C) of	41218
this section times nine-tenths, and then dividing that product by	41219
twenty.	41220

(2) The number of special education teacher's aide positions	41221
shall be calculated by dividing the number of special education	41222
teacher positions calculated under division (B)(1) of this section	41223
by two, and multiplying that quotient by 0.50 in fiscal years	41224
2010 and 2011.	41225

(C) The weighted number of children with disabilities for a	41226
school district is the sum of:	41227

(1) 0.2906 times the district's category one special	41228
education ADM;	41229

(2) 0.7374 times the district's category two special	41230
education ADM;	41231

(3) 1.7716 times the district's category three special	41232
education ADM;	41233

(4) 2.3643 times the district's category four special	41234
education ADM;	41235

(5) 3.2022 times the district's category five special	41236
education ADM;	41237

(6) 4.7205 times the district's category six special	41238
education ADM.	41239

(D) Each school district shall account separately for	41240
expenditures of the amounts received for resources for children	41241
with disabilities under this section and section 3306.05 of the	41242
Revised Code and report that information to the department of	41243
education. Those amounts may be used to pay for providers of	41244
related services, as defined in section 3323.01 of the Revised	41245
Code, for children with disabilities.	41246

Sec. 3306.12. (A) As used in this section:

41247

(1) "Assigned bus" means a school bus used to transport	41248
qualifying riders.	41249

(2) "Nontraditional ridership" means the average number of	41250
qualifying riders who are enrolled in a community school	41251
established under Chapter 3314. of the Revised Code, in a STEM	41252
school established under Chapter 3326. of the Revised Code, or in	41253
a nonpublic school and are provided school bus service by a school	41254
district during the first full week of October.	41255

(3) "Qualifying riders" means resident students enrolled in	41256
regular education in grades kindergarten to twelve who are	41257
provided school bus service by a school district and who live	41258
more than one mile from the school they attend, including	41259
students with dual enrollment in a joint vocational school	41260
district or a cooperative education school district, and students	41261
enrolled in a community school, STEM school, or nonpublic school.	41262

(4) "Qualifying ridership" means the average number of	41263
qualifying riders who are provided school bus service by a school	41264
district during the first full week of October.	41265

(5) "Rider density" means the number of qualifying riders per	41266
square mile of a school district.	41267

(6) "School bus service" means a school district's	41268
transportation of qualifying riders in any of the following types	41269
of vehicles:	41270

(a) School buses owned or leased by the district;

41271

(b) School buses operated by a private contractor hired by	41272
the district;	41273

(c) School buses operated by another school district or	41274
entity with which the district has contracted, either as part of a	41275
consortium for the provision of transportation or otherwise.	41276

(B) Not later than the fifteenth day of October each year,	41277
each city, local, and exempted village school district shall	41278
report to the department of education its qualifying ridership,	41279
nontraditional ridership, number of qualifying riders per	41280
assigned bus, and any other information requested by the	41281
department. Subsequent adjustments to the reported numbers shall	41282
be made only in accordance with rules adopted by the department.	41283

(C) The department shall calculate the statewide	41284
transportation cost per student as follows:	41285

(1) Determine each city, local, and exempted village school	41286
district's transportation cost per student by dividing the	41287
district's total costs for school bus service in the previous	41288
fiscal year by its qualifying ridership in the previous fiscal	41289
year.	41290

(2) After excluding districts that do not provide school bus	41291
service and the ten districts with the highest transportation	41292
costs per student and the ten districts with the lowest	41293
transportation costs per student, divide the aggregate cost for	41294
school bus service for the remaining districts in the previous	41295
fiscal year by the aggregate qualifying ridership of those	41296
districts in the previous fiscal year.	41297

(D) The department shall calculate the statewide	41298
transportation cost per mile as follows:	41299

(1) Determine each city, local, and exempted village school	41300
district's transportation cost per mile by dividing the	41301
district's total costs for school bus service in the previous	41302
fiscal year by its total number of miles driven for school bus	41303
service in the previous fiscal year.	41304

(2) After excluding districts that do not provide school bus	41305
service and the ten districts with the highest transportation	41306
costs per mile and the ten districts with the lowest	41307
transportation costs per mile, divide the aggregate cost for	41308
school bus service for the remaining districts in the previous	41309
fiscal year by the aggregate miles driven for school bus service	41310
in those districts in the previous fiscal year.	41311

(E) The department shall calculate each city, local, and	41312
exempted village school district's transportation base payment as	41313
follows:	41314

(1) Multiply the statewide transportation cost per student by	41315
the district's qualifying ridership for the current fiscal year.	41316

(2) Multiply the statewide transportation cost per mile by	41317
the district's total number of miles driven for school bus service	41318
in the current fiscal year.	41319

(3) Multiply the greater of the amounts calculated under	41320
divisions (E)(1) and (2) of this section by the greater of sixty	41321
per cent or the district's state share percentage.	41322

(F) The department shall calculate each city, local, and	41323
exempted village school district's nontraditional ridership	41324
adjustment according to the following formula:	41325

(nontraditional ridership for the current fiscal year /	41326

qualifying ridership for the current fiscal year) X 0.1 X	41327

transportation base payment	41328

(G) If a city, local, and exempted village school district	41329
offers school bus service to all resident students who are	41330
enrolled in regular education in district schools in grades nine	41331
to twelve and who live more than one mile from the school they	41332
attend, the department shall calculate the district's high school	41333
ridership adjustment according to the following formula:	41334

0.025 X transportation base payment	41335

(H) If a city, local, and exempted village school district	41336
offers school bus service to students enrolled in grades	41337
kindergarten to eight who live more than one mile, but two miles	41338
or less, from the school they attend, the department shall	41339
calculate an additional adjustment according to the following	41340
formula:	41341

0.025 X transportation base payment	41342

(I)(1) The department annually shall establish a target	41343
number of qualifying riders per assigned bus for each city, local,	41344
and exempted village school district. The department shall use	41345
the most recently available data in establishing the target	41346
number. The target number shall be based on the statewide median	41347
number of qualifying riders per assigned bus as adjusted to	41348
reflect the district's rider density in comparison to the rider	41349
density of all other districts. The department shall post on the	41350
department's web site each district's target number of qualifying	41351
riders per assigned bus and a description of how the target	41352
number was determined.	41353

(2) The department shall determine each school district's	41354
efficiency index by dividing the district's median number of	41355
qualifying riders per assigned bus by its target number of	41356
qualifying riders per assigned bus.	41357

(3) The department shall determine each city, local, and	41358
exempted village school district's efficiency adjustment as	41359
follows:	41360

(a) If the district's efficiency index is equal to or greater	41361
than 1.5, the efficiency adjustment shall be calculated according	41362
to the following formula:	41363

0.1 X transportation base payment	41364

(b) If the district's efficiency index is less than 1.5 but	41365
equal to or greater than 1.0, the efficiency adjustment shall be	41366
calculated according to the following formula:	41367

[(efficiency index – 1) / 5] X transportation base payment	41368

(c) If the district's efficiency index is less than 1.0, the	41369
efficiency adjustment shall be zero.	41370

(J) The department shall pay each city, local, and exempted	41371
village school district the lesser of the following:	41372

(1) The sum of the amounts calculated under divisions (E) to	41373
(H) and (I)(3) of this section;	41374

(2) The district's total costs for school bus service for the	41375
prior fiscal year.	41376

(K) In addition to funds paid under division (J) of this	41377
section, each city, local, and exempted village district shall	41378
receive in accordance with rules adopted by the state board of	41379
education a payment for students transported by means other than	41380
school bus service and whose transportation is not funded under	41381
division (G) of section 3317.024 of the Revised Code. The rules	41382
shall include provisions for school district reporting of such	41383
students.	41384

(L)(1) In fiscal years 2010 and 2011, the department shall	41385
pay each district a pro rata portion of the amounts calculated	41386
under division (J) of this section and described in division (K)	41387
of this section, based on state appropriations.	41388

(2) In addition to the prorated payment under division	41389
(L)(1) of this section, in fiscal years 2010 and 2011, the	41390
department shall pay each school district that meets the	41391
conditions prescribed in division (L)(3) of this section an	41392
additional amount equal to the following product:	41393

(a) The difference of (i) the amounts calculated under	41394
division (J) of this section and prescribed in division (K) of	41395
this section minus (ii) that prorated payment; times	41396

(b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011.

41397

(3) Division (L)(2) of this section applies to each school	41398
district that meets all of the following conditions:	41399

(a) The district qualifies for the calculation of a payment	41400
under division (J) of this section because it transports students	41401
on board-owned or contractor-owned school buses.	41402

(b) The district's local wealth per pupil, calculated as	41403
prescribed in section 3317.0217 of the Revised Code, is at or	41404
below the median local wealth per pupil of all districts that	41405
qualify for calculation of a payment under division (J) of this	41406
section.	41407

(c) The district's rider density is at or below the median	41408
rider density of all districts that qualify for calculation of a	41409
payment under division (J) of this section.	41410

Sec. 3306.13. (A) The department of education shall compute	41411
and distribute to each city, local, and exempted village school	41412
district the state share of the adequacy amount for the fiscal	41413
year by subtracting the district's charge-off amount calculated	41414
under division (B) of this section from its adequacy amount	41415
calculated under section 3306.03 of the Revised Code.	41416

(B)(1) For districts with a class one effective operating tax	41417
rate that is less than twenty and one-tenth effective mills as of	41418
the first day of July of the current fiscal year, the charge-off	41419
amount equals the applicable charge-off rate, prescribed in	41420
division (C) of this section, times the sum of the district's	41421
total taxable value plus its property exemption value.	41422

(2) For districts with a class one effective operating tax	41423
rate that is greater than or equal to twenty and one-tenth class	41424
one effective mills as of the first day of July of the current	41425
fiscal year, the charge-off amount equals the applicable	41426
charge-off rate, prescribed in division (C) of this section,	41427
times the sum of the district's recognized valuation plus its	41428
property exemption value.	41429

If the difference obtained from the calculation is a negative	41430
number, the state share shall be zero.	41431

41432

(1) In fiscal years 2010 and 2011, 0.022;

41433

(2) In fiscal years 2012 and 2013, 0.021;

41434

(3) In fiscal year 2014 and in each fiscal year thereafter,	41435
0.020.	41436

(D) The department shall use the information obtained under	41437
section 3317.021 of the Revised Code during the calendar year in	41438
which the fiscal year begins to calculate the district state	41439
shares under this section.	41440

Sec. 3306.14. (A) The partnership for continued learning	41441
shall establish a career-technical education funding committee.	41442
The committee shall study the extent to which current funding for	41443
joint vocational school districts and compact and comprehensive	41444
career-technical schools is responsive to state, regional, and	41445
local business and industry needs. The committee shall consist of	41446
the following:	41447

(1) One or more representatives of the partnership, selected	41448
by the members of the partnership;	41449

(2) One or more business leaders, selected by the	41450
superintendent of public instruction;	41451

(3) At least three representatives of joint vocational school	41452
districts, selected by the superintendent of public instruction;	41453

(4) At least three representatives of compact	41454
career-technical schools selected by the superintendent of public	41455
instruction;	41456

(5) At least three representatives of comprehensive	41457
career-technical schools selected by the superintendent of public	41458
instruction;	41459

(6) One member of a school district board of education	41460
selected by the governor.	41461

Any of the members selected under divisions (A)(3) to (5) of	41462
this section may be members of the partnership.	41463

The committee shall operate under the direction of the	41464
superintendent and the chancellor.	41465

(B) Not later than September 1, 2010, the committee shall	41466
issue a report to the partnership for continued learning and the	41467
general assembly containing its findings and recommendations for	41468
revisions to career-technical education programming and funding.	41469
After the committee issues the report, the committee shall cease	41470
to exist.	41471

(C) The general assembly shall consider the enactment of laws	41472
implementing the recommendations of the committee not later than	41473
July 1, 2011.	41474

(D) The department of education shall continue to evaluate	41475
the efficacy of the career-technical education system and its	41476
programmatic offerings.	41477

Sec. 3306.15. (A) In fiscal years 2010 and 2011, each	41478
educational service center shall undergo a performance review	41479
under sections 3306.32 and 3306.321 of the Revised Code.	41480

(B) The educational service center study committee is hereby	41481
established. The committee shall study the extent to which the	41482
current educational service center system supports school	41483
districts in academic achievement, teacher quality, shared	41484
educational services, and the purchasing of services and	41485
commodities. The committee shall consist of the following members:	41486

(1) The superintendent of public instruction, the chancellor	41487
of the Ohio board of regents, the auditor of state or a designee	41488
of the auditor of state, and the director of budget and management	41489
or a designee of the director;	41490

(2) The following members appointed by the governor:

41491

(a) A representative of educational service centers;

41492

(b) A superintendent of a city school district;

41493

41494

(d) A representative of the business community;

41495

(e) A representative of county boards of mental retardation	41496
and developmental disabilities;	41497

(f) A member of a school district board of education.

41498

(3) The following members appointed by the speaker of the	41499
house of representatives:	41500

(a) A representative of educational service centers;

41501

(b) A superintendent of an exempted village school district;

41502

(c) A representative of school district treasurers or	41503
business managers;	41504

(d) A representative of higher education institutions.

41505

(4) The following members appointed by the president of the	41506
senate:	41507

(a) A representative of educational service centers;

41508

(b) A superintendent of a local school district;

41509

41510

(d) A representative of the special education community.

41511

The committee shall be co-chaired by the superintendent of	41512
public instruction and the chancellor of the Ohio board of	41513
regents. The governor, speaker of the house of representatives,	41514
and president of the senate shall appoint members no later than	41515
September 1, 2009, and the committee shall hold its first meeting	41516
no later than October 15, 2009.	41517

(C) Based on the performance reviews conducted under this	41518
section, the committee shall make recommendations regarding the	41519
following:	41520

(1) A new regional service delivery system;

41521

(2) Educational service system governance structure;

41522

(3) Accountability metrics for educational service centers.

41523

Not later than July 1, 2010, the committee shall issue to the	41524
governor a status report of its progress. The committee shall	41525
issue a final report containing its findings and recommendations	41526
to the governor not later than October 1, 2010, at which time the	41527
committee shall cease to exist.	41528

(D) The department of education and the office of budget and	41529
management shall provide the committee with any information and	41530
assistance required by the committee to carry out its duties.	41531

Sec. 3306.16. (A)(1) Except as provided in division (C) of	41532
this section, the department of education shall calculate and pay	41533
the adequacy amount for each community school established under	41534
Chapter 3314. of the Revised Code, other than internet- or	41535
computer-based community schools, in the manner set forth in	41536
sections 3306.02 to 3306.11 of the Revised Code, with the	41537
following exceptions:	41538

(a) The base teacher salary shall be $51,407 in fiscal year	41539
2010 and $52,230 in fiscal year 2011.	41540

(b) The number of organizational units attributed to each	41541
community school shall be calculated by dividing the community	41542
school's ADM by two hundred ninety-one, but no school shall be	41543
attributed less than one-half of one organizational unit.	41544

(c) The calculation of instructional services support, the	41545
family and community liaison factor, the summer remediation	41546
factor, and enrichment support shall not utilize the Ohio	41547
educational challenge factor, unless division (C) of this section	41548
applies.	41549

(d) The counselor factor shall equal a dollar amount for each	41550
fiscal year established by law. No counselor factor shall be	41551
calculated and paid for fiscal years 2010 and 2011.	41552

(e) The school nurse wellness coordinator factor and the	41553
district health professional factor shall be calculated as	41554
follows:	41555

(i) Each community school with ADM of less than four hundred	41556
eighteen shall receive only the school nurse wellness coordinator	41557
factor;	41558

(ii) Each community school with ADM of four hundred eighteen	41559
or more shall receive only the district health professional	41560
factor.	41561

No school nurse wellness coordinator factor or district	41562
health professional factor shall be calculated and paid for fiscal	41563
years 2010 and 2011.	41564

(f) Administrative services support shall include only the	41565
following:	41566

(i) The principal factor;

41567

(ii) The administrative services support personnel factor,	41568
except that a community school shall receive funding for at least	41569
one-half of one building manager, one-half of one secretary, and	41570
one-half of one noninstructional aide. No funding shall be	41571
calculated and paid for noninstructional aides for fiscal years	41572
2010 and 2011.	41573

(g) The district administration factor shall equal zero.

41574

(2) In addition to the adequacy amount, the department shall	41575
calculate and pay to each community school that is not an	41576
internet- or computer-based community school an amount for	41577
career-technical education, as follows:	41578

(a) For fiscal year 2010, 1.019 times the amount paid to the	41579
school for fiscal year 2009 under former division (D)(4) of	41580
section 3314.08 of the Revised Code;	41581

(b) For fiscal year 2011, 1.019 times the amount paid to the	41582
school for fiscal year 2010 under division (A)(2)(a) of this	41583
section.	41584

(B) The department of education shall calculate and pay the	41585
adequacy amount for each internet- or computer-based community	41586
school in the manner set forth in sections 3306.02 to 3306.11 of	41587
the Revised Code, with the following exceptions:	41588

(1) The base teacher salary shall be $51,407 in fiscal year	41589
2010 and $52,230 in fiscal year 2011.	41590

(2) The number of organizational units attributed to each	41591
internet- or computer-based community school shall be calculated	41592
by dividing the community school's ADM by two hundred ninety-one.	41593
There shall be no minimum number of organizational units that must	41594
be attributed to an internet- or computer-based community school,	41595
and no internet- or computer-based community school shall be	41596
attributed more than one organizational unit, regardless of the	41597
number of students enrolled in the school.	41598

(3) The calculation of instructional services support shall	41599
not utilize the Ohio educational challenge factor unless division	41600
(C) of this section applies.	41601

(4) The number of core teacher positions shall equal the	41602
school's ADM divided by one hundred twenty-five.	41603

(5) The number of specialist teacher positions shall equal	41604
zero.	41605

(6) The number of lead teacher positions shall equal zero.

41606

(7) The number of supplemental teacher positions shall equal	41607
zero.	41608

(8) The family and community liaison factor shall equal zero.

41609

(9) The counselor factor shall equal a dollar amount for each	41610
fiscal year established by law. No counselor factor shall be	41611
calculated and paid for fiscal years 2010 and 2011.	41612

(10) The summer remediation factor shall equal zero.

41613

(11) The school nurse wellness coordinator factor and	41614
district health professional factor each shall equal zero.	41615

(12) Administrative services support shall equal zero.

41616

(13) Operations and maintenance support shall equal zero.

41617

(14) Gifted education support and enrichment support each	41618
shall equal zero.	41619

(15) Technology resources support shall equal the school's	41620
ADM multiplied by $1,037.	41621

(16) The professional development factor shall equal zero.

41622

(C) In calculating the adequacy amount under divisions (A)	41623
and (B) of this section, the department shall not apply the	41624
exception specified in division (A)(1)(c) or (B)(3) of this	41625
section, and shall utilize the educational challenge factor in	41626
calculating the school's instructional services support, family	41627
and community liaison factor, summer remediation factor, and	41628
enrichment support, as provided in division (D) of this section,	41629
if both of the following apply:	41630

(1) The community school is either:

41631

(a) A new start-up community school, as defined in section	41632
3314.02 of the Revised Code;	41633

(b) A conversion community school that was open for	41634
instruction as a community school prior to July 1, 2009.	41635

(2) The community school satisfies the conditions of division	41636
(C)(2)(a) or (b) of this section:	41637

(a) The community school is sponsored by a city, local, or	41638
exempted village school district and at least fifty per cent of	41639
the community school ADM for the previous school year or, if the	41640
current fiscal year is the community school's first year of	41641
operation, at least fifty per cent of the students attending	41642
during the first full school week of October, consist of students	41643
entitled to attend school under section 3313.64 or 3313.65 of the	41644
Revised Code in the school district that is the community school's	41645
sponsor.	41646

(b) The community school was rated for the previous school	41647
year under section 3302.03 of the Revised Code as continuous	41648
improvement or higher.	41649

(D) The educational challenge factor utilized for a	41650
community school under division (C) of this section shall be:	41651

(1) If the community school qualifies under division	41652
(C)(2)(a) of this section, the educational challenge factor	41653
prescribed in section 3306.051 of the Revised Code for the school	41654
district that sponsors the school;	41655

(2) If the community school qualifies under division	41656
(C)(2)(b) of this section, the unweighted mean of all of the	41657
educational challenge factors prescribed in section 3306.051 of	41658
the Revised Code;	41659

(3) If the community school qualifies under both divisions	41660
(C)(2)(a) and (b) of this section, the greater of the educational	41661
challenge factors described in divisions (D)(1) and (2) of this	41662
section.	41663

(E) If two or more community schools, which are not internet-	41664
or computer-based community schools, are located in the same	41665
building, have at least one common member on their respective	41666
governing authorities, and have the same chief administrative	41667
officer, the department shall compute aggregate funding for all of	41668
those schools according to the provisions of division (A) of this	41669
section as if they were one school, and then shall pay each school	41670
a share of that aggregate amount on a per pupil basis.	41671

(F)(1) The aggregate amount calculated and paid pursuant to	41672
divisions (A)(1) and (C) of this section for fiscal year 2010 to	41673
each community school that is not an internet- or computer-based	41674
community school shall not exceed 1.019 times the product of:	41675

(a) The quotient of the aggregate amount paid to the	41676
community school under former divisions (D)(1), (2), and (5) to	41677
(10) of section 3314.08 of the Revised Code and former section	41678
3314.13 of the Revised Code, plus any gifted education units paid	41679
to the school, for fiscal year 2009, divided by the community	41680
school ADM for fiscal year 2009, as adjusted and verified by the	41681
department; times	41682

(b) The community school ADM for fiscal year 2010, as	41683
adjusted and verified by the department.	41684

(2) The aggregate amount calculated and paid pursuant to	41685
divisions (A)(1) and (C) of this section for fiscal year 2011 to	41686
each community school that is not an internet- or computer-based	41687
community school shall not exceed 1.019 times the product of:	41688

(a) The quotient of the aggregate amount paid to the	41689
community school under divisions (A)(1) and (C) of this section	41690
for fiscal year 2010, divided by the community school ADM for	41691
fiscal year 2010, as adjusted and verified by the department;	41692
times	41693

(b) The community school ADM for fiscal year 2011, as	41694
adjusted and verified by the department.	41695

(3) The aggregate amount calculated and paid pursuant to	41696
divisions (B) and (C) of this section for fiscal year 2010 to each	41697
internet- or computer-based community school shall not exceed	41698
1.019 times the product of:	41699

(a) The quotient of the aggregate amount paid to the school	41700
under former divisions (D)(1) and (2) of section 3314.08 of the	41701
Revised Code, plus any gifted education units paid to the school,	41702
for fiscal year 2009, divided by the community school ADM for	41703
fiscal year 2009, as adjusted and verified by the department;	41704
times	41705

(b) The community school ADM for fiscal year 2010, as	41706
adjusted and verified by the department.	41707

(4) The aggregate amount calculated and paid pursuant to	41708
divisions (B) and (C) of this section for fiscal year 2011 to each	41709
internet- or computer-based community school shall not exceed	41710
1.019 times the product of:	41711

(a) The quotient of the aggregate amount paid to the school	41712
under divisions (B) and (C) of this section for fiscal year 2010,	41713
divided by the community school ADM for fiscal year 2010, as	41714
adjusted and verified by the department; times	41715

(b) The community school ADM for fiscal year 2011, as	41716
adjusted and verified by the department.	41717

(G) Each community school shall track its expenditure of the	41718
amount received under this section and report that information to	41719
the department of education.	41720

Sec. 3306.17. For each STEM school established under Chapter	41721
3326. of the Revised Code, the governing body of which is not a	41722
city, local, or exempted village school district board of	41723
education pursuant to section 3326.51 of the Revised Code, the	41724
department of education shall calculate and pay the adequacy	41725
amount in the manner set forth in sections 3306.02 to 3306.11 of	41726
the Revised Code, with the following exceptions:	41727

(A) The adequacy amount shall be calculated as if the STEM	41728
school were a small school district, regardless of the number of	41729
students enrolled in the school.	41730

(B) The calculation of instructional services support, the	41731
family and community liaison factor, the summer remediation	41732
factor, and enrichment support shall not utilize the Ohio	41733
educational challenge factor.	41734

Sec. 3306.18. On or before the fifteenth day of July of each	41735
year, the superintendent of public instruction shall certify to	41736
the state board of education the amount each city, local, and	41737
exempted village school district expended in the previous fiscal	41738
year on each factor of the district's adequacy amount.	41739

Sec. 3306.19. (A) The department of education shall	41740
calculate and pay transitional aid in fiscal years 2010 and 2011	41741
to each city, local, and exempted village school district that	41742
receives less from the combination of its state share of the	41743
adequacy amount calculated under section 3306.13 of the Revised	41744
Code plus the amount calculated for career-technical education	41745
under section 3306.052 of the Revised Code plus the prorated	41746
transportation funding calculated under division (L)(1) of	41747
section 3306.12 of the Revised Code than its transitional aid	41748
guarantee base for the fiscal year. The amount of the transitional	41749
aid payment shall equal the difference of the district's	41750
transitional aid guarantee base for the current fiscal year minus	41751
the sum of its calculated state share of the adequacy amount plus	41752
its career-technical education funding plus its prorated	41753
transportation funding for the current fiscal year.	41754

(1) The transitional aid guarantee base for each city, local,	41755
and exempted village school district for fiscal year 2010 equals	41756
the sum of the following computed for fiscal year 2009, as	41757
reconciled by the department, less any amounts attributable to	41758
community school students included in the calculations and,	41759
subject to division (A)(3) of this section, net of any additions	41760
or deductions attributable to open enrollment students and less	41761
any general revenue fund spending reductions ordered by the	41762
governor under section 126.05 of the Revised Code:	41763

(a) Base-cost funding under division (A) of section 3317.022	41764
of the Revised Code;	41765

(b) Special education and related services additional	41766
weighted funding under division (C)(1) of section 3317.022 of the	41767
Revised Code;	41768

(c) Speech services funding under division (C)(4) of section	41769
3317.022 of the Revised Code;	41770

(d) Vocational education additional weighted funding under	41771
division (E) of section 3317.022 of the Revised Code;	41772

(e) GRADS funding under division (N) of section 3317.024 of	41773
the Revised Code;	41774

(f) Adjustments for classroom teachers and educational	41775
service personnel under divisions (B), (C), and (D) of section	41776
3317.023 of the Revised Code;	41777

(g) Gifted education units under division (L) of section	41778
3317.024 and section 3317.05 of the Revised Code;	41779

(h) Transportation under Section 269.20.80 of Am. Sub. H.B.	41780
119 of the 127th general assembly;	41781

(i) The excess cost supplement under division (F) of section	41782
3317.022 of the Revised Code;	41783

(j) The charge-off supplement under section 3317.0216 of the	41784
Revised Code;	41785

(k) Transitional aid under Section 269.30.80 of Am. Sub. H.B.	41786
119 of the 127th general assembly.	41787

(2) Subject to division (A)(3) of this section, the	41788
transitional aid guarantee base for each city, local, and	41789
exempted village school district for fiscal year 2011 equals	41790
ninety-eight per cent of the following difference:	41791

(a) The sum of the district's state share of the adequacy	41792
amount calculated under section 3306.13 of the Revised Code plus	41793
the district's career-technical education funding calculated	41794
under division (L)(1) of section 3306.052 of the Revised Code	41795
plus the district's prorated transportation funding calculated	41796
under division (L)(1) of section 3306.12 of the Revised Code plus	41797
any transitional aid payment under this section for fiscal year	41798
2010, as the sum is adjusted under division (B)(1) of this	41799
section, if applicable; minus	41800

(b) Any general revenue fund spending reductions ordered by	41801
the governor for fiscal year 2010 under section 126.05 of the	41802
Revised Code.	41803

(3) If a school district had a policy under section 3313.98	41804
of the Revised Code permitting open enrollment for the prior	41805
fiscal year, but for the current fiscal year has altered its	41806
policy so that students who enrolled in the district in the prior	41807
year under the district's policy no longer are eligible to enroll	41808
in the district in the current year under its new policy, the	41809
amount attributable to such students affected by the change in the	41810
district's policy paid to the district for the prior fiscal year	41811
shall not be included in the district's transitional aid base for	41812
the current fiscal year.	41813

(B) Notwithstanding any provision of this chapter to the	41814
contrary:	41815

(1) The combination of the state share of the adequacy amount	41816
plus the prorated transportation funding under division (L)(1) of	41817
section 3306.12 of the Revised Code for any city, local, or	41818
exempted village school district for fiscal year 2010 shall not	41819
exceed 1.019 times the difference of its transitional aid	41820
guarantee base for fiscal year 2010 minus the amount described in	41821
division (A)(1)(d) of this section.	41822

(2) The combination of the state share of the adequacy amount	41823
plus the prorated transportation funding under division (L)(1) of	41824
section 3306.12 of the Revised Code for any city, local, or	41825
exempted village school district for fiscal year 2011 shall not	41826
exceed 1.019 times the difference of its transitional aid	41827
guarantee base for fiscal year 2011 minus the amount paid to the	41828
district under division (A) of section 3306.052 of the Revised	41829
Code.	41830

Sec. 3306.191. The department of education shall calculate	41831
and pay additional transitional aid in fiscal year 2011 to a city,	41832
local, and exempted village school district equal to the	41833
following:	41834

(0.98 X the district's state education aid for fiscal year 2010) –	41835
the district's state education aid for fiscal year 2011	41836

If the result is a negative number, no payment shall be paid	41837
under this section.	41838

As used in this section, "state education aid" has the same	41839
meaning as in section 5751.20 of the Revised Code.	41840

Sec. 3306.192. In fiscal year 2012 and in each fiscal year	41841
thereafter, the department of education shall pay a city, local,	41842
or exempted village school district additional funds computed as	41843
follows:	41844

(A) The statewide per pupil amount paid for chartered	41845
nonpublic school students – (the sum of the district's payments	41846
under sections 3306.052, 3306.12, 3306.13, and 3306.19 of the	41847
Revised Code/its formula ADM); times	41848

(B) The district's formula ADM.

41849

If the result is a negative number, no payment shall be made	41850
under this section.	41851

As used in this section, the "statewide per pupil amount paid	41852
for chartered nonpublic school for students" means the statewide	41853
per pupil amount paid under sections 3317.06 and 3317.063 of the	41854
Revised Code, combined, for the current fiscal year, as calculated	41855
by the department.	41856

Sec. 3306.21. Nothing in this chapter shall be construed to	41857
affect or limit the authority of a school district, community	41858
school, or STEM school to contract with an educational service	41859
center, under sections 3313.843, 3313.844, 3313.845, 3314.022, and	41860
3326.45 of the Revised Code, for the provision of any services for	41861
which funds are calculated and paid under this chapter.	41862

Sec. 3306.22. Nothing in this chapter shall be construed to	41863
prohibit a school district from using funds calculated and paid	41864
under this chapter to establish, operate, or participate in a	41865
joint or cooperative program under section 3313.842 of the Revised	41866
Code.	41867

Sec. 3306.25. (A) The superintendent of public instruction	41868
shall adopt rules, in accordance with Chapter 119. of the Revised	41869
Code, prescribing standards for the expenditure of funds	41870
calculated under this chapter and for the reporting of	41871
expenditures of those funds for particular funded components, as	41872
determined by the superintendent, so that those funds are directed	41873
toward the purposes for which they were calculated.	41874

The superintendent shall classify the components into the	41875
following categories:	41876

(1) Core academic strategy components, which shall be	41877
considered those components that are fundamental to successful	41878
education practices in the twenty-first century for all students;	41879

(2) Academic improvement components, which shall be	41880
considered those components that have been demonstrated to make	41881
the greatest improvement in the academic achievement of	41882
underperforming students;	41883

(3) Other components.

41884

The superintendent shall determine the funded components	41885
included in each category.	41886

(B) The rules adopted for core academic strategy components	41887
under division (A)(1) of this section shall prescribe standards	41888
for expenditure and reporting and shall apply to all school	41889
districts, community schools established under Chapter 3314. of	41890
the Revised Code, and STEM schools established under Chapter 3326.	41891
of the Revised Code. However, the rules shall afford districts,	41892
community schools, and STEM schools rated as effective or	41893
excellent, under section 3302.03 of the Revised Code, flexibility	41894
in determining how to spend funds calculated for the components	41895
included in that category.	41896

(C) The rules adopted for academic improvement components	41897
under division (A)(2) of this section shall prescribe standards	41898
for expenditure and reporting and shall apply only to school	41899
districts, community schools, and STEM schools that have been	41900
declared to be in academic emergency or academic watch, under	41901
section 3302.03 of the Revised Code, for two or more consecutive	41902
years, beginning with the ratings of districts and schools issued	41903
under that section in the fiscal year that begins two years prior	41904
to the effective date of rules adopted under division (A)(2) of	41905
this section.	41906

(D) The rules adopted under division (A)(3) of this section	41907
shall prescribe only reporting standards and shall not prescribe	41908
spending requirements or standards. The rules shall apply to all	41909
school districts, community schools, and STEM schools.	41910

(E) The rules shall take effect pursuant to a schedule	41911
determined by the superintendent. However, no rule adopted under	41912
division (A)(1) or (3) of this section shall take effect earlier	41913
than July 1, 2010, and no rule adopted under division (A)(2) of	41914
this section shall take effect earlier than July 1, 2011.	41915

(F) Each school district, community school, and STEM school	41916
shall comply with each applicable rule adopted under this section	41917
beginning on the effective date of that rule.	41918

Sec. 3306.29. (A) The Ohio school funding research advisory	41919
council is hereby established. The council shall consist of the	41920
following members:	41921

(1) The superintendent of public instruction, or the	41922
superintendent's designee;	41923

(2) The chancellor of the Ohio board of regents, or the	41924
chancellor's designee;	41925

(3) Two school district teachers, appointed by the governor;

41926

(4) Two nonteaching, nonadministrative school district	41927
employees, appointed by the governor;	41928

(5) One school district principal, appointed by the governor;

41929

(6) One school district superintendent, appointed by the	41930
governor;	41931

(7) One school district treasurer, appointed by the governor;

41932

(8) One member of the board of education of a city, local, or	41933
exempted village school district, appointed by the governor;	41934

(9) One representative of a college of education operated by	41935
a member institution of the university system of Ohio, appointed	41936
by the governor;	41937

(10) One member representing the business community,	41938
appointed by the governor;	41939

(11) One member representing philanthropic organizations,	41940
appointed by the governor;	41941

(12) A representative of the Ohio academy of science,	41942
appointed by the governor;	41943

(13) One member representing the general public, appointed by	41944
the governor;	41945

(14) One member representing educational service centers,	41946
appointed by the governor;	41947

(15) One parent of a student attending a school operated by a	41948
school district, appointed by the governor;	41949

(16) One member representing sponsors of community schools	41950
established under Chapter 3314. of the Revised Code, appointed by	41951
the governor;	41952

(17) One member representing nonprofit operators of community	41953
schools, appointed by the governor;	41954

(18) One community school fiscal officer, appointed by the	41955
governor;	41956

(19) One parent of a student attending a community school,	41957
appointed by the governor;	41958

(20) One member representing early childhood education	41959
providers, appointed by the governor;	41960

(21) Two members of the house of representatives appointed by	41961
the speaker of the house of representatives, one of whom shall be	41962
from the minority party and recommended by the minority leader of	41963
the house of representatives;	41964

(22) Two members of the senate appointed by the president of	41965
the senate, one of whom shall be from the minority party and	41966
recommended by the minority leader of the senate.	41967

The council shall reflect the diversity of this state in	41968
terms of gender, race, ethnic background, and geographic	41969
distribution. In making appointments to the council, the governor	41970
shall consider recommendations of stakeholder associations or	41971
groups representing the professions or individuals to be	41972
represented on the council.	41973

The members shall serve without compensation.

41974

(B) The superintendent of public instruction, or the	41975
superintendent's designee to the council, shall be the chairperson	41976
of the council.	41977

The office of school resource management and the center for	41978
creativity and innovation in the department of education shall	41979
provide staffing assistance to the council.	41980

The council shall meet at least quarterly, beginning in	41981
August 2009.	41982

(C) Not later than the first day of December of each	41983
even-numbered year, the council shall present to the governor, the	41984
state board of education, the general assembly, in accordance with	41985
section 101.68 of the Revised Code, and the public recommendations	41986
for revisions to the educational adequacy components of the	41987
research-based school funding model established under this	41988
chapter.	41989

(1) The recommendations shall be based on current, high	41990
quality research, information provided by school districts, and	41991
best practices in operational efficiencies identified in the	41992
performance reviews required by section 3306.32 of the Revised	41993
Code.	41994

(2) In preparing its recommendations due December 1, 2010,	41995
the council's analyses shall include, but shall not be limited to,	41996
the adequacy of the model's financing for gifted education	41997
services, career-technical education, arts education, services for	41998
limited English proficient students, and early college high	41999
schools. This analysis shall consider, for each area, current	42000
educational need, current educational practices, and best	42001
practices.	42002

(3) In preparing its recommendations due December 1, 2010,	42003
and in subsequent biennia, the council's analyses may address, but	42004
need not be limited to, any of the following:	42005

(a) Strategies and incentives to promote school cost-saving	42006
measures and efficiencies;	42007

(b) Options for adding learning time to the learning year,	42008
such as moving professional development for educators to summer,	42009
adding learning time for children with greater educational needs,	42010
accounting for learning time by hours instead of days, and	42011
appropriate compensation to school districts and staff for	42012
providing additional learning time;	42013

(c) The adequacy of the model's accounting for and financing	42014
of operational costs, including district-level administration and	42015
administrative and transportation challenges experienced by	42016
low-density and low-wealth school districts, and the effect of	42017
those costs on student academic achievement;	42018

(d) The accuracy of the calculation of each component of the	42019
funding model, and of the model as a whole, in light of current	42020
educational needs, current educational practices, and best	42021
practices.	42022

Sec. 3306.291. (A) A subcommittee of the Ohio school funding	42023
research advisory council is hereby established to study and make	42024
recommendations to foster collaboration between school districts	42025
and community schools established under Chapter 3314. of the	42026
Revised Code. The subcommittee shall recommend fiscal strategies,	42027
including changes to the funding model established under this	42028
chapter, that will provide incentives and compensation for Ohio	42029
school districts and community schools to enter into collaborative	42030
agreements that result in creative and innovative academic	42031
programming for students and academic and fiscal efficiency. The	42032
subcommittee shall report its findings and recommendations to the	42033
council, the governor, and, in accordance with section 101.68 of	42034
the Revised Code, the general assembly not later than September 1,	42035
2010, and periodically thereafter at the direction of the	42036
superintendent of public instruction.	42037

(B) The subcommittee shall consist of the following members	42038
of the council:	42039

(1) The school district superintendent;

42040

(2) The school district treasurer;

42041

(3) One of the school district teachers, selected by the	42042
superintendent of public instruction;	42043

(4) The member representing a college of education operated	42044
by a member institution of the university system of Ohio;	42045

(5) The member representing sponsors of community schools;

42046

(6) The member representing nonprofit operators of community	42047
schools;	42048

(7) The community school fiscal officer;

42049

(8) The parent of a student attending a community school;

42050

(9) The parent of a student attending a school operated by a	42051
school district.	42052

The members of the subcommittee shall serve without	42053
compensation.	42054

Sec. 3306.292. The Ohio school funding research advisory	42055
council may establish subcommittees in addition to the	42056
subcommittee established under section 3306.291 of the Revised	42057
Code. The council shall determine the membership and duties of the	42058
additional subcommittees. Up to one-half of the members of each	42059
additional subcommittee may be individuals who are not members of	42060
the council.	42061

Sec. 3306.30. (A) The board of education of each city,	42062
local, and exempted village school district, the governing	42063
authority of each community school established under Chapter 3314.	42064
of the Revised Code, and the governing body of each STEM school	42065
established under Chapter 3326. of the Revised Code annually shall	42066
submit to the department of education, by the date and in the	42067
manner prescribed by the superintendent of public instruction, a	42068
plan describing how the district or school will deploy the funds	42069
received under this chapter. The plan shall deploy the funds	42070
received for each component of the adequacy amount, shall comply	42071
with any applicable expenditure or reporting standard prescribed	42072
by rule adopted under section 3306.25 of the Revised Code, and in	42073
the case of school districts, shall comply with the operating	42074
standards adopted under division (D)(3) of section 3301.07 of	42075
the Revised Code and any directive of the superintendent of	42076
public instruction, unless a waiver has been granted under	42077
section 3306.40 of the Revised Code. In the case of a district to	42078
which section 3306.31 of the Revised Code applies, the plan shall	42079
include the deployment of funds for the purposes described in	42080
divisions (B) and (D) of that section.	42081

(B) The department annually shall reconcile each spending	42082
plan submitted under this section with the actual spending of the	42083
district, community school, or STEM school. If the department	42084
finds that a district, community school, or STEM school has not	42085
complied any applicable expenditure or reporting standard	42086
prescribed by rule adopted under section 3306.25 of the Revised	42087
Code, the department shall proceed to take action under section	42088
3306.33 of the Revised Code.	42089

(C) If a school district, community school, or STEM school	42090
fails to submit a spending plan as required by this section or, as	42091
applicable, section 3306.31 of the Revised Code, the department	42092
shall proceed to take action under section 3306.33 of the Revised	42093
Code.	42094

Sec. 3306.31. (A) This section applies to any city, local,	42095
or exempted village school district that has a three-year average	42096
graduation rate, as defined in section 3301.0711 of the Revised	42097
Code, of eighty per cent or less.	42098

(B) The board of education of each school district to which	42099
this section applies shall implement actions prescribed by the	42100
governor's closing the achievement gap initiative in each of the	42101
following:	42102

(1) Each high school;

42103

(2) Each elementary or middle school in which less than fifty	42104
per cent of the students have attained a proficient score on the	42105
fourth or seventh grade achievement assessments in English	42106
language arts or mathematics required under section 3301.0710 of	42107
the Revised Code.	42108

(C) The board of education of each school district to which	42109
this section applies shall work with the department of education	42110
and the governor's closing the achievement gap initiative in	42111
developing its annual spending plan prior to submitting the plan	42112
under section 3306.30 of the Revised Code.	42113

(D) The board of each district to which this section applies	42114
shall create and staff, in each organizational unit, at least one	42115
position funded under division (A)(1) of section 3306.06 of the	42116
Revised Code. Each such position shall function as a linkage	42117
coordinator for closing the achievement gap and increasing the	42118
graduation rate. A linkage coordinator is a person, meeting	42119
guidelines established by the governor's closing the achievement	42120
gap initiative, who shall work with and who is the primary	42121
mentor, coach, and motivator for students identified as at risk	42122
of not graduating, as defined by the governor's closing the	42123
achievement gap initiative, and who coordinates those students'	42124
participation in academic programs, social service programs,	42125
out-of-school cultural and work-related experiences, and in-school	42126
and out-of-school mentoring programs, based on the students'	42127
needs. The linkage coordinator shall coordinate remedial	42128
disciplinary plans as needed and work with school personnel to	42129
gather student academic information and to engage parents of	42130
targeted students. The linkage coordinator shall serve as a	42131
liaison between the school and the governor's closing the	42132
achievement gap initiative and shall participate in all	42133
professional development activities as directed by the closing the	42134
achievement gap initiative. The linkage coordinator shall	42135
establish and coordinate the work of academic promotion teams,	42136
which shall address the academic and social needs of the	42137
identified students. The membership of teams in different schools	42138
may vary and may include the linkage coordinator, parents,	42139
teachers, principals, school nurses, school counselors, probation	42140
officers, or other school personnel or members of the community.	42141

(E) The governor's closing the achievement gap initiative	42142
shall work with each organizational unit of a school district to	42143
which this section applies to assess the progress in implementing	42144
prescribed activities, as required under division (B) of this	42145
section, and shall assist linkage coordinators, administrators,	42146
and other school staff in ensuring compliance with the district's	42147
spending plan required under section 3306.30 of the Revised Code.	42148

(F) The items related to implementing divisions (B) and (D)	42149
of this section included in the spending plan of a district to	42150
which this section applies are subject to the approval of the	42151
superintendent of public instruction and the governor's closing	42152
the achievement gap initiative. If they disapprove those items in	42153
the plan, the state superintendent shall do one of the following:	42154

(1) Modify the items related to implementing divisions (B)	42155
and (D) of this section in the plan as the state superintendent	42156
considers appropriate and notify the district board of the	42157
modifications. The district board shall comply with the plan as	42158
modified by the state superintendent.	42159

(2) Return the spending plan and require the district board	42160
to modify the items related to implementing divisions (B) and (D)	42161
of this section in the plan according to the state	42162
superintendent's instructions or recommendations. The district	42163
board shall modify the plan according to the state	42164
superintendent's instructions or recommendations and return the	42165
modified plan by a date specified by the state superintendent.	42166

(G) The department shall work with the governor's closing the	42167
achievement gap initiative in reconciling, under division (B) of	42168
section 3306.30 of the Revised Code, the spending plan submitted	42169
by a district to which this section applies with the district's	42170
actual spending.	42171

Sec. 3306.32. (A) Each city, local, exempted village, and	42172
joint vocational school district, each educational service center	42173
each community school established under Chapter 3314. of the	42174
Revised Code, and each STEM school established under Chapter	42175
3326. of the Revised Code shall undergo a performance review	42176
under this section at least once every five fiscal years under	42177
the direction of the department of education. If a school	42178
district board of education governs and controls a STEM school as	42179
described in section 3326.51 of the Revised Code, the performance	42180
review of that STEM school under this section shall be conducted	42181
at the time of and as part of the school district's performance	42182
review.	42183

(B) The office of school resource management of the	42184
department shall determine the order in which performance reviews	42185
shall be conducted under this section. After receiving	42186
recommendations from the office of school resource management,	42187
the state board of education and the auditor of state jointly	42188
shall adopt rules in accordance with Chapter 119. of the Revised	42189
Code prescribing the scope of the performance reviews.	42190

(C) The department may contract with the auditor of state,	42191
any other governmental entity, or any private entity to conduct	42192
performance reviews under this section.	42193

(D) Upon the conclusion of a performance review under this	42194
section, the contractor conducting the performance review shall	42195
submit a final review report to the state board, the office of	42196
school resource management, and the board, governing authority, or	42197
governing body of the district, service center, community school,	42198
or STEM school.	42199

(E) Not later than ninety days after the date of the final	42200
review report, the board, governing authority, or governing body	42201
of the district, community school, or STEM school shall submit to	42202
the office of school resource management a response to the	42203
report. The response shall address the findings and	42204
recommendations specified in the final review report and shall	42205
specify a timeline for implementing recommendations listed in the	42206
report. This division does not apply to any educational service	42207
center.	42208

(F) At the end of the timeline specified in the response, the	42209
board, governing authority, or governing body shall submit a	42210
report to the office of school resource management. The report	42211
shall explain the progress made in implementing each	42212
recommendation of the review report, specify the steps taken to	42213
implement each recommendation, and indicate for each	42214
recommendation whether and to what extent the recommendation has	42215
been implemented. This division does not apply to any educational	42216
service center.	42217

(G) If a district, community school, or STEM school fails to	42218
cooperate with a performance review under this section, or fails	42219
timely to submit a response or report under division (E) or (F) of	42220
this section that the office of school resource management finds	42221
satisfactory, the department shall proceed to take action under	42222
section 3306.33 of the Revised Code. This division does not apply	42223
to any educational service center.	42224

(H) The department shall pay the cost of each performance	42225
review under this section.	42226

Sec. 3306.321. (A) A performance review of an educational	42227
service center under section 3306.32 of the Revised Code shall	42228
examine the service center's delivery of services to local school	42229
districts and client districts as required by law and any	42230
contracts it has with those districts and whether that delivery of	42231
services comports with the requirements and specifications for	42232
those services, including the quality standards recommended by the	42233
state regional alliance advisory board under section 3312.12 of	42234
the Revised Code.	42235

(B) The department of education shall review the final report	42236
of the performance review of each educational service center and,	42237
if the findings indicate that the service center's services do not	42238
comport with the requirements and specifications for those	42239
services prescribed by law or contract, shall provide technical	42240
assistance to the service center in aligning its services with	42241
those requirements and specifications.	42242

(C) As used in this section, "client district" has the same	42243
meaning as in section 3317.1l of the Revised Code.	42244

Sec. 3306.33. (A) Not earlier than July 1, 2010, the	42245
department of education shall take action under this section	42246
with respect to a school district, community school established	42247
under Chapter 3314. of the Revised Code, or STEM school	42248
established under Chapter 3326. of the Revised Code in any of	42249
the following circumstances:	42250

(1) The department determines, based on its reconciliation	42251
under section 3306.30 of the Revised Code of a spending plan with	42252
actual spending, a site visit under section 3301.83 or 3314.39 of	42253
the Revised Code, or a determination under section 117.54 of the	42254
Revised Code, that the school district, community school, or STEM	42255
school has failed to comply with any applicable expenditure or	42256
reporting standard prescribed by rule adopted under section	42257
3306.25 of the Revised Code.	42258

(2) The district, community school, or STEM school fails to	42259
submit a spending plan under section 3306.30 and, if applicable,	42260
section 3306.31 of the Revised Code.	42261

(3) The district, community school, or STEM school fails to	42262
cooperate with a performance review under section 3306.31 of the	42263
Revised Code, fails timely to submit a response or report under	42264
division (E) or (F) of that section that the office of school	42265
resource management finds satisfactory, or fails to implement a	42266
recommendation set forth in a performance review report.	42267

(B) When a circumstance described in division (A) of this	42268
section applies, the department shall provide the school district,	42269
community school, or STEM school with technical assistance to	42270
bring the district or school into compliance with the expenditure	42271
and reporting standards adopted under section 3306.25 of the	42272
Revised Code and the requirements of this chapter, as applicable	42273
to the circumstance triggering action under this section. In	42274
addition, the board of the district, the governing authority of	42275
the community school, or the governing body of the STEM school	42276
shall take all of the following actions:	42277

(1) Develop and submit to the department a three-year	42278
operations improvement plan containing all of the following:	42279

(a) An analysis of the reasons for the failure to meet the	42280
applicable expenditure or reporting standards or requirements of	42281
this chapter;	42282

(b) Specific strategies the board, governing authority, or	42283
governing body will use to address the problems in meeting the	42284
standards or requirements;	42285

(c) Identification of the resources the board, governing	42286
authority, or governing body will use to meet the standards or	42287
requirements;	42288

(d) A description of how the board, governing authority, or	42289
governing body will measure its progress in meeting the standards	42290
or requirements.	42291

If the district or school is required to have a continuous	42292
improvement plan under section 3302.04 of the Revised Code, the	42293
three-year operations improvement plan required by this section	42294
shall be aligned with the continuous improvement plan.	42295

(2) Notify the parent or guardian of each student served by	42296
the district, community school, or STEM school, either in writing	42297
or by electronic means, of the standards or requirements that were	42298
not met, the actions being taken to meet the standards or	42299
requirements, and any progress achieved in the immediately	42300
preceding school year toward meeting the standards or	42301
requirements.	42302

(3) Present the plan, and take public testimony with respect	42303
to it, in a public hearing before the board, governing authority,	42304
or governing body.	42305

(C) When a circumstance described in division (A) of this	42306
section applies to a school district, community school, or STEM	42307
school for a second consecutive year, whether it is the same or a	42308
different circumstance, the department shall provide the district,	42309
community school, or STEM school with technical assistance to	42310
bring the district or school into compliance with the expenditure	42311
or reporting standards adopted under section 3306.25 of the	42312
Revised Code and the requirements of this chapter, as applicable	42313
to the circumstance triggering action under this section. In	42314
addition, both of the following apply:	42315

(1) The board, governing authority of the community school,	42316
or the governing body of the STEM school shall take all of the	42317
actions prescribed in divisions (B)(1) to (3) of this section;	42318

(2) The department shall establish a state intervention team	42319
to evaluate all aspects of the district's or school's operations,	42320
including, but not limited to, management, instructional methods,	42321
resource allocation, and scheduling. The intervention team shall	42322
include teachers and administrators recognized as outstanding in	42323
their fields. The team shall make recommendations regarding	42324
methods for bringing the district or school into compliance with	42325
the applicable standards adopted under section 3306.25 of the	42326
Revised Code and requirements of this chapter. The superintendent	42327
of public instruction shall establish guidelines for the	42328
intervention teams. The district or school shall pay the costs of	42329
the intervention team.	42330

(D) When a circumstance described in division (A) of this	42331
section applies to a school district, community school, or STEM	42332
school for a third consecutive year, whether it is the same or a	42333
different circumstance as in the preceding years, the	42334
superintendent of public instruction shall either:	42335

(1) Establish an accountability compliance commission under	42336
section 3306.34 of the Revised Code;	42337

(2) Appoint a trustee who shall govern the district,	42338
community school, or STEM school in place of the board of	42339
education of the school district, the governing authority of the	42340
community school, or the governing body of the STEM school until	42341
the beginning of the first year that none of the circumstances	42342
described in division (A) of this section apply to the district,	42343
community school, or STEM school.	42344

(E) When a circumstance described in division (A) of this	42345
section applies to a school district, community school, or STEM	42346
school for a fourth consecutive year, whether it is the same or a	42347
different circumstance as in the preceding years:	42348

(1) With respect to a school district, the state board of	42349
education shall proceed under section 3301.16 of the Revised Code	42350
to revoke the district's charter.	42351

(2) With respect to a community school or a STEM school, the	42352
department of education shall order the school to close, and the	42353
governing authority or the governing body shall permanently close	42354
the school.	42355

(F)(1) At any time, the state board may proceed under section	42356
3301.16 of the Revised Code to revoke the charter of a school	42357
district that fails to meet the operating standards established	42358
under division (D)(3) of section 3301.07 of the Revised Code or	42359
fails to comply with this section.	42360

(2) At any time, the department may order a community school	42361
or a STEM school to close if the school fails to comply with this	42362
section. In that case, the governing authority or the governing	42363
body shall permanently close the school.	42364

Sec. 3306.34. (A) Each accountability compliance commission	42365
appointed under division (D) of section 3306.33 of the Revised	42366
Code is a body both corporate and politic, constituting an agency	42367
and instrumentality of the state and performing essential	42368
governmental functions of the state. A commission shall be known	42369
as the "accountability compliance commission for ...............	42370
(name of school district, community school, or STEM school)," and,	42371
in that name, may exercise all authority vested in such a	42372
commission by this section. A separate commission shall be	42373
established for each school district, community school, or STEM	42374
school for which the superintendent of public instruction opts to	42375
establish a commission under division (D) of section 3306.33 of	42376
the Revised Code.	42377

(B) Each accountability commission shall consist of three	42378
members, one of whom shall be appointed by the governor, one of	42379
whom shall be appointed by the superintendent of public	42380
instruction, and one of whom shall be appointed by the auditor of	42381
state.	42382

All members shall serve at the pleasure of the appointing	42383
authority during the life of the commission. In the event of the	42384
death, resignation, incapacity, removal, or ineligibility to serve	42385
of a member, the appointing authority shall appoint a successor	42386
within fifteen days after the vacancy occurs. Members shall serve	42387
without compensation, but shall be paid by the commission their	42388
necessary and actual expenses incurred while engaged in the	42389
business of the commission.	42390

(C) Immediately after appointment of the initial members of	42391
an accountability compliance commission, the state superintendent	42392
shall call the first meeting of the commission and shall cause	42393
written notice of the time, date, and place of that meeting to be	42394
given to each member of the commission at least forty-eight hours	42395
in advance of the meeting. The first meeting shall include an	42396
overview of the commission's roles and responsibilities, the	42397
requirements of section 2921.42 and Chapter 102. of the Revised	42398
Code as they pertain to commission members, the requirements of	42399
section 121.22 of the Revised Code, and the provisions of division	42400
(F) of this section. At its first meeting, the commission shall	42401
adopt temporary bylaws in accordance with division (D) of this	42402
section to govern its operations until the adoption of permanent	42403
bylaws.	42404

The state superintendent shall designate a chairperson for	42405
the commission from among the members. The chairperson shall call	42406
and conduct meetings, set meeting agendas, and serve as a liaison	42407
between the commission and the district board of education, the	42408
community school governing authority, or STEM school governing	42409
body. The chairperson also shall appoint a secretary, who shall	42410
not be a member of the commission.	42411

The department of education shall provide administrative	42412
support for the commission, provide data requested by the	42413
commission, and inform the commission of available state resources	42414
that could assist the commission in its work.	42415

(D) Each accountability compliance commission may adopt and	42416
alter bylaws and rules, which shall not be subject to section	42417
111.15 or Chapter 119. of the Revised Code, for the conduct of its	42418
affairs and for the manner, subject to this section, in which its	42419
powers and functions shall be exercised and embodied.	42420

(E) Two members of an accountability compliance commission	42421
constitute a quorum of the commission. The affirmative vote of two	42422
members of the commission is necessary for any action taken by	42423
vote of the commission. No vacancy in the membership of the	42424
commission shall impair the rights of a quorum by such vote to	42425
exercise all the rights and perform all the duties of the	42426
commission. Members of the commission are not disqualified from	42427
voting by reason of the functions of any other office they hold	42428
and are not disqualified from exercising the functions of the	42429
other office with respect to the school district or community	42430
school or STEM school, its officers, or the commission.	42431

(F) The members of an accountability compliance commission,	42432
the state superintendent, and any person authorized to act on	42433
behalf of or assist them shall not be personally liable or subject	42434
to any suit, judgment, or claim for damages resulting from the	42435
exercise of or failure to exercise the powers, duties, and	42436
functions granted to them in regard to their functioning under	42437
this section, but the commission, state superintendent, and such	42438
other persons shall be subject to mandamus proceedings to compel	42439
performance of their duties under this section.	42440

(G) Each member of an accountability compliance commission	42441
shall file the statement described in section 102.02 of the	42442
Revised Code with the Ohio ethics commission. The statement shall	42443
be confidential, subject to review, as described in division (B)	42444
of that section.	42445

(H) Meetings of each accountability compliance commission	42446
shall be subject to section 121.22 of the Revised Code.	42447

(I) Each accountability compliance commission shall seek	42448
input from the district board of education, community school	42449
governing authority, or STEM school governing body regarding ways	42450
to improve the district's or school's operations and compliance	42451
with the requirements of this chapter and the expenditure and	42452
reporting standards prescribed by rule adopted under section	42453
3306.25 of the Revised Code, but any decision of the commission	42454
related to any authority granted to the commission under this	42455
section shall be final.	42456

The commission may do any of the following:

42457

(1) Prepare and submit the school district's, community	42458
school's, or STEM school's spending plan required under section	42459
3306.30 and, if applicable, section 3306.31 of the Revised Code;	42460

(2) Appoint school building administrators and reassign	42461
administrative personnel;	42462

(3) Terminate the contracts of administrators or	42463
administrative personnel. The commission shall not be required to	42464
comply with section 3319.16 of the Revised Code with respect to	42465
any contract terminated under this division.	42466

(4) Contract with a private entity to perform school or	42467
district management functions;	42468

(5) Establish a budget for the district or school and approve	42469
district or school appropriations and expenditures, unless, in the	42470
case of a school district, a financial planning and supervision	42471
commission has been established for the district pursuant to	42472
section 3316.05 of the Revised Code;	42473

(6) Exercise the powers, duties, and functions with respect	42474
to the district, community school, or STEM school as are granted	42475
to a financial planning and supervision commission with respect to	42476
a school district under divisions (A)(1) to (4) of section 3316.07	42477
of the Revised Code, unless a financial planning and supervision	42478
commission has been established for the district.	42479

(J) If the board of education of a school district, governing	42480
authority of a community school, or governing body of a STEM	42481
school for which an accountability compliance commission has been	42482
established renews any collective bargaining agreement under	42483
Chapter 4117. of the Revised Code during the existence of the	42484
commission, the board, governing authority, or governing body	42485
shall not enter into any agreement that would render any decision	42486
of the commission unenforceable.	42487

(K) An accountability compliance commission shall cease to	42488
exist at the beginning of the first year that none of the	42489
circumstances described in division (A) of section 3306.33 of the	42490
Revised Code apply to the district, community school, or STEM	42491
school.	42492

Sec. 3306.35. The department of education shall develop a	42493
form, which shall be known as the "Formula ACcountability and	42494
Transparency" form or "FACT" form. The department annually shall	42495
issue and publish on its web site a FACT form for each city,	42496
local, and exempted village school district, community school	42497
established under Chapter 3314. of the Revised Code, and STEM	42498
school established under Chapter 3326. of the Revised Code. The	42499
form shall compare the payments to the district or school under	42500
each component prescribed by this chapter with the district's or	42501
school's deployment of those payments as indicated in its spending	42502
plan submitted under section 3306.30 and, if applicable, 3306.31	42503
of the Revised Code. The form shall not be the basis of any	42504
actions under section 3306.33 of the Revised Code but shall be a	42505
public document to inform parents, students, and taxpayers about	42506
the district's or school's spending.	42507

Sec. 3306.40. The board of education of a school district,	42508
the governing authority of a community school established under	42509
Chapter 3314. of the Revised Code, or the governing body of a STEM	42510
school established under Chapter 3326. of the Revised Code may	42511
apply to the superintendent of public instruction for a waiver of	42512
any standard or requirement of this chapter, including any	42513
applicable expenditure or reporting standard prescribed by rule	42514
adopted under section 3306.25 of the Revised Code. The board of	42515
education of any school district also may apply to the state	42516
superintendent for a waiver of any operating standard adopted	42517
under division (D)(3) of section 3301.07 of the Revised Code.	42518

The state board of education shall adopt standards for the	42519
approval or disapproval of waivers under this section. The state	42520
superintendent shall consider every application for a waiver, and	42521
shall determine whether to grant or deny a waiver in accordance	42522
with the state board's standards. For each waiver granted, the	42523
state superintendent shall specify the period of time during which	42524
the waiver is in effect, which shall not exceed five years. A	42525
district, community school, or STEM school may apply to renew a	42526
waiver.	42527

Sec. 3306.50. (A) The Harmon commission is hereby created.

42528

(1) The commission shall consist of twenty-one members, each	42529
of whom must be one of the following:	42530

(a) A classroom teacher;

42531

(b) A school administrator;

42532

(c) An instructor at a teacher preparation program under	42533
section 3333.048 of the Revised Code.	42534

(2) The members shall be appointed as follows:

42535

(a) Eleven persons, who are not also members of the general	42536
assembly, appointed jointly by the speaker of the house of	42537
representatives and the president of the senate, upon consultation	42538
with the minority leader of the house of representatives and the	42539
minority leader of the senate;	42540

(b) Ten persons appointed by the governor.

42541

In making their respective appointments under this section,	42542
the appointing authorities shall consult with each other so that	42543
of the twenty-one members appointed to the commission, there are	42544
at least five members from each of the categories prescribed in	42545
divisions (A)(1)(a) to (c) of this section.	42546

The members appointed under division (A)(2)(a) of this	42547
section shall serve for the duration of the general assembly in	42548
which they were appointed.	42549

The members appointed under division (A)(2)(b) of this	42550
section shall serve for the duration of the term of the governor	42551
in which they were appointed.	42552

Vacancies on the commission shall be filled in the manner of	42553
the initial appointments.	42554

(B) The chairperson of the commission shall be selected by	42555
the governor from among the members of the commission.	42556

(C) The members of the commission shall serve without	42557
compensation but shall be paid by the department of education	42558
their necessary and actual expenses incurred while engaged in the	42559
business of the committee.	42560

Sec. 3306.51. The Harmon commission shall review and approve	42561
or disapprove applications from city, exempted village, and local	42562
school districts and community schools established under Chapter	42563
3314. of the Revised Code for individual classrooms to be	42564
designated as creative learning environments. To be eligible for	42565
designation of one or more of its classrooms as a creative	42566
learning environment, a community school shall enter into a	42567
memorandum of understanding, approved by the center for creativity	42568
and innovation in the department of education, with one or more	42569
school districts that specifies a collaborative agreement to share	42570
programming and resources to promote successful academic	42571
achievement for students and academic and fiscal efficiencies.	42572

The commission shall designate a classroom as a creative	42573
learning environment if the commission determines that the	42574
classroom supports and emphasizes innovation in instruction	42575
methods and lesson plans and operates in accordance with the	42576
guidelines adopted by the state board of education under section	42577
3306.52 of the Revised Code. Beginning July 1, 2010, a district	42578
or community school that has a classroom that is designated a	42579
creative learning environment may qualify for the pilot subsidy	42580
prescribed by section 3306.57 of the Revised Code.	42581

Sec. 3306.52. The state board of education shall do both of	42582
the following:	42583

(A) Adopt guidelines for the Harmon commission to use in	42584
reviewing applications for creative learning environments.	42585

(B) Direct the department of education, through the center	42586
for creativity and innovation, to provide staff to assist the	42587
commission in carrying out the commission's duties under sections	42588
3306.50 to 3306.56 of the Revised Code.	42589

Sec. 3306.53. From January 1, 2010, through April 14, 2010,	42590
a city, exempted village, or local school district and a	42591
community school may submit to the Harmon commission an unlimited	42592
number of applications for first-time designation of individual	42593
classrooms as creative learning environments. No applications may	42594
be submitted between April 15, 2010, and July 1, 2010. After July	42595
1, 2011, each city, exempted village, or local school district	42596
and each eligible community school may submit only one application	42597
per fiscal year for first-time designation of one classroom as a	42598
creative learning environment.	42599

Sec. 3306.54. Not later than the first day of May each year,	42600
the Harmon commission shall begin meeting to review pending	42601
applications for first-time designations submitted under section	42602
3306.53 of the Revised Code. The commission shall approve or	42603
disapprove all pending applications by the first day of July. The	42604
decision of the commission is final.	42605

Sec. 3306.55. (A) The Harmon commission's first-time	42606
designation of a classroom as a creative learning environment is	42607
valid for one fiscal year. A school district or community school	42608
may apply to have the designation renewed. The commission shall	42609
renew the designation for the next two fiscal years if the school	42610
district or community school applies for the renewal and the	42611
commission finds that the classroom continues to meet the	42612
guidelines adopted under section 3306.52 of the Revised Code. The	42613
commission shall not renew the designation if the school district	42614
or community school does not apply for renewal or if the	42615
commission determines that the classroom no longer meets those	42616
guidelines.	42617

(B) At the end of a two-year renewal granted under division	42618
(A) of this section, and every two fiscal years thereafter, the	42619
designation of a classroom as a creative learning environment is	42620
automatically renewed, without need for application, for the next	42621
two fiscal years, unless the designation is revoked under division	42622
(C) of this section.	42623

(C) If the department of education at any time finds that the	42624
classroom is no longer operating in accordance with the standards	42625
adopted under section 3306.52 of the Revised Code, the department	42626
shall appeal the designation to the commission not later than the	42627
fifteenth day of February. The commission shall review the	42628
operation of the classroom and either continue the designation or	42629
revoke the designation. A revocation shall take effect on the	42630
first day of July following the department's appeal.	42631

(D) The decision of the commission under divisions (A) to (C)	42632
of this section is final.	42633

(E) If the commission does not renew a designation of a	42634
classroom under division (A) of this section or revokes that	42635
designation under division (C) of this section, the district or	42636
community school may reapply for designation of the classroom	42637
under section 3306.53 of the Revised Code. That application shall	42638
be treated as a new application for first-time designation.	42639

Sec. 3306.56. The city, exempted village, or local school	42640
district or community school that operates a classroom designated	42641
by the Harmon commission as a creative learning environment shall	42642
submit periodic progress reports on the operation and performance	42643
of the classroom to the department of education in the manner and	42644
by the deadlines prescribed by the department.	42645

Sec. 3306.57. (A) To facilitate the pilot subsidy prescribed	42646
by this section, the department of education annually shall rank	42647
each city, exempted village, or local school district according to	42648
income factor, as defined in section 3317.02 of the Revised Code,	42649
from lowest to highest income factor.	42650

(B) Any school district that has one or more classrooms	42651
designated by the Harmon commission as a creative learning	42652
environment may apply for the pilot subsidy under this section if	42653
it is ranked in the lowest quintile according to income factor	42654
under division (A) of this section. Any community school	42655
established under Chapter 3314. of the Revised Code that has one	42656
or more classrooms designated by the Harmon commission as a	42657
creative learning environment may apply for the pilot subsidy.	42658
Each district and community school electing to apply shall do so	42659
in the manner and by the deadline established by the department.	42660
If more eligible districts and community schools apply for the	42661
subsidy than can be supported by the amount appropriated for the	42662
subsidy, the department shall select districts and community	42663
schools to receive the subsidy on a first-come, first served	42664
basis.	42665

(C) Each school district or community school selected by the	42666
department for the pilot subsidy shall receive for fiscal year	42667
2011 an amount equal to one hundred dollars for each student	42668
enrolled in a classroom operated by the district or community	42669
school that is designated as a creative learning environment.	42670

(D) The department shall require each school district and	42671
community school that applies for a subsidy under this section to	42672
provide to the department, in the manner prescribed by the	42673
department, any data the department determines is necessary to	42674
process the district's or community school's application or	42675
subsidy payment.	42676

Sec. 3307.31. (A) Payments by boards of education and	42677
governing authorities of community schools to the state teachers	42678
retirement system, as provided in sections 3307.29 and 3307.291 of	42679
the Revised Code, shall be made from the amount allocated under	42680
section 3314.08, Chapter 3306., or Chapter 3317. of the Revised	42681
Code prior to its distribution to the individual school districts	42682
or community schools. The amount due from each school district or	42683
community school shall be certified by the secretary of the	42684
system to the superintendent of public instruction monthly, or at	42685
such times as may be determined by the state teachers retirement	42686
board.	42687

The superintendent shall deduct, from the amount allocated to	42688
each district or community school under section 3314.08, Chapter	42689
3306., or Chapter 3317. of the Revised Code, the entire amounts	42690
due to the system from such district or school upon the	42691
certification to the superintendent by the secretary thereof.	42692

The superintendent shall certify to the director of budget	42693
and management the amounts thus due the system for payment.	42694

(B) Payments to the state teachers retirement system by a	42695
science, technology, engineering, and mathematics school shall be	42696
deducted from the amount allocated under section 3326.33 of the	42697
Revised Code and shall be made in the same manner as payments by	42698
boards of education under this section.	42699

Sec. 3307.64. A disability benefit recipient,	42700
notwithstanding section 3319.13 of the Revised Code, shall retain	42701
membership in the state teachers retirement system and shall be	42702
considered on leave of absence during the first five years	42703
following the effective date of a disability benefit.	42704

The state teachers retirement board shall require any	42705
disability benefit recipient to submit to an annual medical	42706
examination by a physician selected by the board, except that the	42707
board may waive the medical examination if the board's physician	42708
certifies that the recipient's disability is ongoing. If a	42709
disability benefit recipient refuses to submit to a medical	42710
examination, the recipient's disability benefit shall be suspended	42711
until the recipient withdraws the refusal. If the refusal	42712
continues for one year, all the recipient's rights under and to	42713
the disability benefit shall be terminated as of the effective	42714
date of the original suspension.	42715

After the examination, the examiner shall report and certify	42716
to the board whether the disability benefit recipient is no longer	42717
physically and mentally incapable of resuming the service from	42718
which the recipient was found disabled. If the board concurs in a	42719
report by the examining physician that the disability benefit	42720
recipient is no longer incapable, the payment of a disability	42721
benefit shall be terminated not later than the following	42722
thirty-first day of August or upon employment as a teacher prior	42723
thereto. If the leave of absence has not expired, the board shall	42724
so certify to the disability benefit recipient's last employer	42725
before being found disabled that the recipient is no longer	42726
physically and mentally incapable of resuming service that is the	42727
same or similar to that from which the recipient was found	42728
disabled. If the recipient was under contract at the time the	42729
recipient was found disabled, the employer by the first day of the	42730
next succeeding year shall restore the recipient to the	42731
recipient's previous position and salary or to a position and	42732
salary similar thereto, unless the recipient was dismissed or	42733
resigned in lieu of dismissal for dishonesty, misfeasance,	42734
malfeasance, or conviction of a felony.	42735

A disability benefit shall terminate if the disability	42736
benefit recipient becomes employed as a teacher in any public or	42737
private school or institution in this state or elsewhere. An	42738
individual receiving a disability benefit from the system shall be	42739
ineligible for any employment as a teacher and it shall be	42740
unlawful for any employer to employ the individual as a teacher.	42741
If any employer should employ or reemploy the individual prior to	42742
the termination of a disability benefit, the employer shall file	42743
notice of employment with the board designating the date of the	42744
employment. If the individual should be paid both a disability	42745
benefit and also compensation for teaching service for all or any	42746
part of the same month, the secretary of the board shall certify	42747
to the employer or to the superintendent of public instruction the	42748
amount of the disability benefit received by the individual during	42749
the employment, which amount shall be deducted from any amount due	42750
the employing district under ~~Chapter~~Chapters 3306. and 3317. of	42751
the Revised Code or shall be paid by the employer to the annuity	42752
and pension reserve fund.	42753

Each disability benefit recipient shall file with the board	42754
an annual statement of earnings, current medical information on	42755
the recipient's condition, and any other information required in	42756
rules adopted by the board. The board may waive the requirement	42757
that a disability benefit recipient file an annual statement of	42758
earnings or current medical information if the board's physician	42759
certifies that the recipient's disability is ongoing.	42760

The board shall annually examine the information submitted by	42761
the recipient. If a disability benefit recipient refuses to file	42762
the statement or information, the disability benefit shall be	42763
suspended until the statement and information are filed. If the	42764
refusal continues for one year, the recipient's right to the	42765
disability benefit shall be terminated as of the effective date of	42766
the original suspension.	42767

A disability benefit also may be terminated by the board at	42768
the request of the disability benefit recipient.	42769

If disability retirement under section 3307.63 of the Revised	42770
Code is terminated for any reason, the annuity and pension	42771
reserves at that time in the annuity and pension reserve fund	42772
shall be transferred to the teachers' savings fund and the	42773
employers' trust fund, respectively. If the total disability	42774
benefit paid was less than the amount of the accumulated	42775
contributions of the member transferred to the annuity and pension	42776
reserve fund at the time of the member's disability retirement,	42777
then the difference shall be transferred from the annuity and	42778
pension reserve fund to another fund as required. In determining	42779
the amount of a member's account following the termination of	42780
disability retirement for any reason, the total amount paid shall	42781
be charged against the member's refundable account.	42782

If a disability allowance paid under section 3307.631 of the	42783
Revised Code is terminated for any reason, the reserve on the	42784
allowance at that time in the annuity and pension reserve fund	42785
shall be transferred from that fund to the employers' trust fund.	42786

If a former disability benefit recipient again becomes a	42787
contributor, other than as an other system retirant under section	42788
3307.35 of the Revised Code, to this retirement system, the school	42789
employees retirement system, or the public employees retirement	42790
system, and completes at least two additional years of service	42791
credit, the former disability benefit recipient shall receive	42792
credit for the period as a disability benefit recipient.	42793

Sec. 3309.41. (A) A disability benefit recipient shall	42794
retain membership status and shall be considered on leave of	42795
absence from employment during the first five years following the	42796
effective date of a disability benefit, notwithstanding any	42797
contrary provisions in Chapter 124. or 3319. of the Revised Code.	42798

(B) The school employees retirement board shall require a	42799
disability benefit recipient to undergo an annual medical	42800
examination, except that the board may waive the medical	42801
examination if the board's physician or physicians certify that	42802
the recipient's disability is ongoing. Should any disability	42803
benefit recipient refuse to submit to a medical examination, the	42804
recipient's disability benefit shall be suspended until withdrawal	42805
of the refusal. Should the refusal continue for one year, all the	42806
recipient's rights in and to the disability benefit shall be	42807
terminated as of the effective date of the original suspension.	42808

(C) On completion of the examination by an examining	42809
physician or physicians selected by the board, the physician or	42810
physicians shall report and certify to the board whether the	42811
disability benefit recipient is no longer physically and mentally	42812
incapable of resuming the service from which the recipient was	42813
found disabled. If the board concurs in the report that the	42814
disability benefit recipient is no longer incapable, the payment	42815
of the disability benefit shall be terminated not later than three	42816
months after the date of the board's concurrence or upon	42817
employment as an employee. If the leave of absence has not	42818
expired, the retirement board shall certify to the disability	42819
benefit recipient's last employer before being found disabled that	42820
the recipient is no longer physically and mentally incapable of	42821
resuming service that is the same or similar to that from which	42822
the recipient was found disabled. The employer shall restore the	42823
recipient to the recipient's previous position and salary or to a	42824
position and salary similar thereto not later than the first day	42825
of the first month following termination of the disability	42826
benefit, unless the recipient was dismissed or resigned in lieu of	42827
dismissal for dishonesty, misfeasance, malfeasance, or conviction	42828
of a felony.	42829

(D) Each disability benefit recipient shall file with the	42830
board an annual statement of earnings, current medical information	42831
on the recipient's condition, and any other information required	42832
in rules adopted by the board. The board may waive the requirement	42833
that a disability benefit recipient file an annual statement of	42834
earnings or current medical information on the recipient's	42835
condition if the board's physician or physicians certify that the	42836
recipient's disability is ongoing.	42837

The board shall annually examine the information submitted by	42838
the recipient. If a disability benefit recipient refuses to file	42839
the statement or information, the disability benefit shall be	42840
suspended until the statement and information are filed. If the	42841
refusal continues for one year, the recipient's right to the	42842
disability benefit shall be terminated as of the effective date of	42843
the original suspension.	42844

(E) If a disability benefit recipient is employed by an	42845
employer covered by this chapter, the recipient's disability	42846
benefit shall cease.	42847

(F) If disability retirement under section 3309.40 of the	42848
Revised Code is terminated for any reason, the annuity and pension	42849
reserves at that time in the annuity and pension reserve fund	42850
shall be transferred to the employees' savings fund and the	42851
employers' trust fund, respectively. If the total disability	42852
benefit paid is less than the amount of the accumulated	42853
contributions of the member transferred into the annuity and	42854
pension reserve fund at the time of the member's disability	42855
retirement, the difference shall be transferred from the annuity	42856
and pension reserve fund to another fund as may be required. In	42857
determining the amount of a member's account following the	42858
termination of disability retirement for any reason, the amount	42859
paid shall be charged against the member's refundable account.	42860

If a disability allowance paid under section 3309.401 of the	42861
Revised Code is terminated for any reason, the reserve on the	42862
allowance at that time in the annuity and pension reserve fund	42863
shall be transferred from that fund to the employers' trust fund.	42864

The board may terminate a disability benefit at the request	42865
of the recipient.	42866

(G) If a disability benefit is terminated and a former	42867
disability benefit recipient again becomes a contributor, other	42868
than as an other system retirant as defined in section 3309.341 of	42869
the Revised Code, to this system, the public employees retirement	42870
system, or the state teachers retirement system, and completes an	42871
additional two years of service credit after the termination of	42872
the disability benefit, the former disability benefit recipient	42873
shall be entitled to full service credit for the period as a	42874
disability benefit recipient.	42875

(H) If any employer employs any member who is receiving a	42876
disability benefit, the employer shall file notice of employment	42877
with the retirement board, designating the date of employment. In	42878
case the notice is not filed, the total amount of the benefit paid	42879
during the period of employment prior to notice shall be paid from	42880
amounts allocated under ~~Chapter~~Chapters 3306. and 3317. of the	42881
Revised Code prior to its distribution to the school district in	42882
which the disability benefit recipient was so employed.	42883

Sec. 3309.48. Any employee who left the service of an	42884
employer after attaining age sixty-five or over and such employer	42885
had failed or refused to deduct and transmit to the school	42886
employees retirement system the employee contributions as required	42887
by section 3309.47 of the Revised Code during any year for which	42888
membership was compulsory as determined by the school employees	42889
retirement board, shall be granted service credit without cost,	42890
which shall be considered as total service credit for the purposes	42891
of meeting the qualifications for service retirement provided by	42892
the law in effect on and retroactive to the first eligible	42893
retirement date following the date such employment terminated, but	42894
shall not be paid until formal application for such allowance on a	42895
form provided by the retirement board is received in the office of	42896
the retirement system. The total service credit granted under this	42897
section shall not exceed ten years for any such employee.	42898

The liability incurred by the retirement board because of the	42899
service credit granted under this section shall be determined by	42900
the retirement board, the cost of which shall be equal to an	42901
amount that is determined by applying the combined employee and	42902
employer rates of contribution against the compensation of such	42903
employee at the rates of contribution and maximum salary	42904
provisions in effect during such employment for each year for	42905
which credit is granted, together with interest at the rate to be	42906
credited accumulated contributions at retirement, compounded	42907
annually from the first day of the month payment was due the	42908
retirement system to and including the month of deposit, the total	42909
amount of which shall be collected from the employer. Such amounts	42910
shall be certified by the retirement board to the superintendent	42911
of public instruction, who shall deduct the amount due the system	42912
from any funds due the affected school district under ~~Chapter~~	42913
Chapters 3306. and 3317. of the Revised Code. The superintendent	42914
shall certify to the director of budget and management the amount	42915
due the system for payment. The total amount paid shall be	42916
deposited into the employers' trust fund, and shall not be	42917
considered as accumulated contributions of the employee in the	42918
event of ~~his~~the employee's death or withdrawal of funds.	42919

Sec. 3309.51. (A) Each employer shall pay annually into the	42920
employers' trust fund, in such monthly or less frequent	42921
installments as the school employees retirement board requires, an	42922
amount certified by the school employees retirement board, which	42923
shall be as required by Chapter 3309. of the Revised Code.	42924

Payments by school district boards of education to the	42925
employers' trust fund of the school employees retirement system	42926
may be made from the amounts allocated under ~~Chapter~~Chapters	42927
3306. and 3317. of the Revised Code prior to their distribution to	42928
the individual school districts. The amount due from each school	42929
district may be certified by the secretary of the system to the	42930
superintendent of public instruction monthly, or at such times as	42931
is determined by the school employees retirement board.	42932

Payments by governing authorities of community schools to the	42933
employers' trust fund of the school employees retirement system	42934
shall be made from the amounts allocated under ~~section~~sections	42935
3306.16 and 3314.08 of the Revised Code prior to their	42936
distribution to the individual community schools. The amount due	42937
from each community school shall be certified by the secretary of	42938
the system to the superintendent of public instruction monthly,	42939
or at such times as determined by the school employees retirement	42940
board.	42941

Payments by a science, technology, engineering, and	42942
mathematics school, other than one governed as provided in section	42943
3326.51 of the Revised Code, to the employers' trust fund of the	42944
school employees retirement system shall be made from the amounts	42945
allocated under ~~section~~sections 3306.17, 3326.33, and 3326.34 of	42946
the Revised Code prior to their distribution to the school. The	42947
amount due from a science, technology, engineering, and	42948
mathematics school shall be certified by the secretary of the	42949
school employees retirement system to the superintendent of	42950
public instruction monthly, or at such times as determined by the	42951
school employees retirement board.	42952

(B) The superintendent shall deduct from the amount allocated	42953
to each community school under ~~section~~sections 3306.16 and	42954
3314.08 of the Revised Code, to each school district under	42955
~~Chapter~~Chapters 3306. and 3317. of the Revised Code, or to each	42956
science, technology, engineering, and mathematics school under	42957
~~section~~sections 3306.17, 3326.33, and 3326.34 of the Revised Code	42958
the entire amounts due to the school employees retirement system	42959
from such school or school district upon the certification to	42960
the superintendent by the secretary thereof.	42961

(C) Where an employer fails or has failed or refuses to make	42962
payments to the employers' trust fund, as provided for under	42963
Chapter 3309. of the Revised Code, the secretary of the school	42964
employees retirement system may certify to the state	42965
superintendent of public instruction, monthly or at such times as	42966
is determined by the school employees retirement board, the amount	42967
due from such employer, and the superintendent shall deduct from	42968
the amount allocated to the employer under section 3314.08 or,	42969
3326.33, or 3326.34 or Chapter 3306. or 3317. of the Revised	42970
Code, as applicable, the entire amounts due to the system from	42971
the employer upon the certification to the superintendent by the	42972
secretary of the school employees retirement system.	42973

(D) The superintendent shall certify to the director of	42974
budget and management the amounts thus due the system for	42975
payment.	42976

Sec. 3310.03. (A) A student is an "eligible student" for	42977
purposes of the educational choice scholarship pilot program if	42978
the student's resident district is not a school district in which	42979
the pilot project scholarship program is operating under sections	42980
3313.974 to 3313.979 of the Revised Code; the student is not	42981
enrolled, for any portion of the school year in which the student	42982
submits an application for the scholarship, in a nonpublic school;	42983
and the student satisfies one of the following conditions:	42984

(1) The student is enrolled in a school building that is	42985
operated by the student's resident district and to which both of	42986
the following apply:	42987

(a) The building was declared, in at least two of the three	42988
most recent ratings of school buildings published prior to the	42989
first day of July of the school year for which a scholarship is	42990
sought, to be in a state of academic emergency or academic watch	42991
under section 3302.03 of the Revised Code;	42992

(b) The building was not declared to be excellent or	42993
effective under that section in the most recent rating published	42994
prior to the first day of July of the school year for which a	42995
scholarship is sought.	42996

(2) The student is eligible to enroll in kindergarten in the	42997
school year for which a scholarship is sought and otherwise would	42998
be assigned under section 3319.01 of the Revised Code to a school	42999
building described in division (A)(1) of this section.	43000

(3) The student is enrolled in a community school established	43001
under Chapter 3314. of the Revised Code but otherwise would be	43002
assigned under section 3319.01 of the Revised Code to a building	43003
described in division (A)(1) of this section.	43004

(4) The student is enrolled in a school building that is	43005
operated by the student's resident district or in a community	43006
school established under Chapter 3314. of the Revised Code and	43007
otherwise would be assigned under section 3319.01 of the Revised	43008
Code to a school building described in division (A)(1) of this	43009
section in the school year for which the scholarship is sought.	43010

(5) The student is eligible to enroll in kindergarten in the	43011
school year for which a scholarship is sought, or is enrolled in a	43012
community school established under Chapter 3314. of the Revised	43013
Code, and all of the following apply to the student's resident	43014
district:	43015

(a) The district has in force an intradistrict open	43016
enrollment policy under which no student in kindergarten or the	43017
community school student's grade level, respectively, is	43018
automatically assigned to a particular school building;	43019

(b) In at least two of the three most recent ratings of	43020
school districts published prior to the first day of July of the	43021
school year for which a scholarship is sought, the district was	43022
declared to be in a state of academic emergency under section	43023
3302.03 of the Revised Code;	43024

(c) The district was not declared to be excellent or	43025
effective under that section in the most recent rating published	43026
prior to the first day of July of the school year for which a	43027
scholarship is sought.	43028

(B) A student who receives a scholarship under the	43029
educational choice scholarship pilot program remains an eligible	43030
student and may continue to receive scholarships in subsequent	43031
school years until the student completes grade twelve, so long as	43032
all of the following apply:	43033

(1) The student's resident district remains the same, or the	43034
student transfers to a new resident district and otherwise would	43035
be assigned in the new resident district to a school building	43036
described in division (A)(1) of this section;	43037

(2) The student takes each ~~state test~~assessment prescribed	43038
for the student's grade level under section 3301.0710 or	43039
3301.0712 of the Revised Code while enrolled in a chartered	43040
nonpublic school;	43041

(3) In each school year that the student is enrolled in a	43042
chartered nonpublic school, the student is absent from school for	43043
not more than twenty days that the school is open for instruction,	43044
not including excused absences.	43045

(C) The department shall cease awarding first-time	43046
scholarships pursuant to divisions (A)(1) to (4) of this section	43047
with respect to a school building that, in the most recent ratings	43048
of school buildings published under section 3302.03 of the Revised	43049
Code prior to the first day of July of the school year, ceases to	43050
meet the criteria in division (A)(1) of this section. The	43051
department shall cease awarding first-time scholarships pursuant	43052
to division (A)(5) of this section with respect to a school	43053
district that, in the most recent ratings of school districts	43054
published under section 3302.03 of the Revised Code prior to the	43055
first day of July of the school year, ceases to meet the criteria	43056
in division (A)(5) of this section. However, students who have	43057
received scholarships in the prior school year remain eligible	43058
students pursuant to division (B) of this section.	43059

(D) The state board of education shall adopt rules defining	43060
excused absences for purposes of division (B)(3) of this section.	43061

Sec. 3310.08. (A) The amount paid for an eligible student	43062
under the educational choice scholarship pilot program shall be	43063
the lesser of the tuition of the chartered nonpublic school in	43064
which the student is enrolled or the maximum amount prescribed in	43065
section 3310.09 of the Revised Code.	43066

(B)(1) The department shall pay to the parent of each	43067
eligible student for whom a scholarship is awarded under the	43068
program, or to the student if at least eighteen years of age,	43069
periodic partial payments of the scholarship.	43070

(2) The department shall proportionately reduce or terminate	43071
the payments for any student who withdraws from a chartered	43072
nonpublic school prior to the end of the school year.	43073

(C)(1) The department shall deduct five thousand two hundred	43074
dollars from the payments made to each school district under	43075
~~Chapter~~Chapters 3306. and 3317. and, if necessary, sections	43076
321.24 and 323.156 of the Revised Code ~~one of the following~~	43077
~~amounts, as applicable~~, for each eligible student awarded a	43078
scholarship under the educational choice scholarship pilot	43079
program who is entitled under section 3313.64 or 3313.65 of the	43080
Revised Code to attend school in the district:	43081

~~(a) For each scholarship student enrolled in kindergarten,~~	43082
~~two thousand seven hundred dollars;~~	43083

~~(b) For each scholarship student enrolled in grades one to~~	43084
~~twelve, five thousand two hundred dollars~~.	43085

The amount deducted under division (C)(1) of this section	43086
funds scholarships for students under both the educational choice	43087
scholarship pilot program and the pilot project scholarship	43088
program under sections 3313.974 to 3313.979 of the Revised Code.	43089

(2) If the department reduces or terminates payments to a	43090
parent or a student, as prescribed in division (B)(2) of this	43091
section, and the student enrolls in the schools of the student's	43092
resident district ~~or in a community school, established under~~	43093
~~Chapter 3314. of the Revised Code,~~ before the end of the school	43094
year, the department shall proportionally restore to the resident	43095
district the amount deducted for that student under division	43096
(C)(1) of this section.	43097

(D) In the case of any school district from which a deduction	43098
is made under division (C) of this section, the department shall	43099
disclose on the district's SF-3 form, or any successor to that	43100
form used to calculate a district's state funding for operating	43101
expenses, a comparison of the following:	43102

(1) The district's ~~state base-cost~~state share of the	43103
adequacy amount payment, as calculated under ~~division (A)(1) of~~	43104
section ~~3317.022~~3306.13 of the Revised Code ~~prior to making the~~	43105
~~adjustments under divisions (A)(2) and (3) of that section,~~ with	43106
the scholarship students included in the district's formula ADM;	43107

(2) What the district's state ~~base-cost~~share of the	43108
adequacy amount payment would have been, as calculated under	43109
~~division (A)(1) of~~ that section ~~prior to making the adjustments~~	43110
~~under divisions (A)(2) and (3) of that section,~~ if the scholarship	43111
students were not included in the district's formula ADM.	43112

This comparison shall display both the aggregate difference	43113
between the amounts described in divisions (D)(1) and (2) of this	43114
section, and the quotient of that aggregate difference divided by	43115
the number of eligible students for whom deductions are made under	43116
division (C) of this section.	43117

Sec. 3310.09. ~~(A)~~ The maximum amount awarded to an eligible	43118
student ~~in fiscal year 2007~~ under the educational choice	43119
scholarship pilot program shall be as follows:	43120

~~(1)~~(A) For grades kindergarten through eight, four thousand	43121
~~two~~five hundred ~~fifty~~ dollars;	43122

~~(2)~~(B) For grades nine through twelve, five thousand three	43123
hundred dollars.	43124

~~(B) In fiscal year 2008 and in each fiscal year thereafter,~~	43125
~~the maximum amount awarded under the program shall be the~~	43126
~~applicable maximum amount awarded in the previous fiscal year~~	43127
~~increased by the same percentage by which the general assembly~~	43128
~~increased the formula amount, as defined in section 3317.02 of the~~	43129
~~Revised Code, from the previous fiscal year.~~	43130

Sec. 3310.11. (A) Only for the purpose of administering the	43131
educational choice scholarship pilot program, the department of	43132
education may request from any of the following entities the data	43133
verification code assigned under division (D)(2) of section	43134
3301.0714 of the Revised Code to any student who is seeking a	43135
scholarship under the program:	43136

(1) The student's resident district;

43137

(2) If applicable, the community school in which that student	43138
is enrolled;	43139

(3) The independent contractor engaged to create and maintain	43140
student data verification codes.	43141

(B) Upon a request by the department under division (A) of	43142
this section for the data verification code of a student seeking a	43143
scholarship or a request by the student's parent for that code,	43144
the school district or community school shall submit that code to	43145
the department or parent in the manner specified by the	43146
department. If the student has not been assigned a code, because	43147
the student will be entering kindergarten during the school year	43148
for which the scholarship is sought, the district shall assign a	43149
code to that student and submit the code to the department or	43150
parent by a date specified by the department. If the district does	43151
not assign a code to the student by the specified date, the	43152
department shall assign a code to that student.	43153

The department annually shall submit to each school district	43154
the name and data verification code of each student residing in	43155
the district who is entering kindergarten, who has been awarded a	43156
scholarship under the program, and for whom the department has	43157
assigned a code under this division.	43158

(C) For the purpose of administering the applicable ~~tests~~	43159
assessments prescribed under sections 3301.0710 and 3301.0712 of	43160
the Revised Code, as required by section 3310.14 of the Revised	43161
Code, the department shall provide to each chartered nonpublic	43162
school that enrolls a scholarship student the data verification	43163
code for that student.	43164

(D) The department and each chartered nonpublic school that	43165
receives a data verification code under this section shall not	43166
release that code to any person except as provided by law.	43167

Any document relative to this program that the department	43168
holds in its files that contains both a student's name or other	43169
personally identifiable information and the student's data	43170
verification code shall not be a public record under section	43171
149.43 of the Revised Code.	43172

Sec. 3310.14. Notwithstanding division (K) of section	43173
3301.0711 of the Revised Code, each chartered nonpublic school	43174
that enrolls students awarded scholarships under sections 3310.01	43175
to 3310.17 of the Revised Code annually shall administer the ~~tests~~	43176
assessments prescribed by section 3301.0710 or 3301.0712 of the	43177
Revised Code to each scholarship student enrolled in the school	43178
in accordance with section 3301.0711 of the Revised Code. Each	43179
chartered nonpublic school shall report to the department of	43180
education the results of each ~~test~~assessment administered to	43181
each scholarship student under this section.	43182

Nothing in this section requires a chartered nonpublic school	43183
to administer any achievement ~~test~~assessment, except for an Ohio	43184
graduation test prescribed by division (B)(1) of section	43185
3301.0710 of the Revised Code, as required by section 3313.612 of	43186
the Revised Code, to any student enrolled in the school who is	43187
not a scholarship student.	43188

Sec. 3310.15. (A) The department of education annually	43189
shall compile the scores attained by scholarship students to whom	43190
an assessment is administered under section 3310.14 of the Revised	43191
Code. The scores shall be aggregated as follows:	43192

(1) By state, which shall include all students awarded a	43193
scholarship under the educational choice scholarship pilot program	43194
and who were required to take an assessment under section 3310.14	43195
of the Revised Code;	43196

(2) By school district, which shall include all scholarship	43197
students who were required to take an assessment under section	43198
3310.14 of the Revised Code and for whom the district is the	43199
student's resident district;	43200

(3) By chartered nonpublic school, which shall include all	43201
scholarship students enrolled in that school who were required to	43202
take an assessment under section 3310.14 of the Revised Code.	43203

(B) The department shall disaggregate the student performance	43204
data described in division (A) of this section according to the	43205
following categories:	43206

(1) Age;

43207

(2) Race and ethnicity;

43208

(3) Gender;

43209

(4) Students who have participated in the scholarship program	43210
for three or more years;	43211

(5) Students who have participated in the scholarship program	43212
for more than one year and less than three years;	43213

(6) Students who have participated in the scholarship program	43214
for one year or less;	43215

(7) Economically disadvantaged students.

43216

(C) The department shall post the student performance data	43217
required under divisions (A) and (B) of this section on its web	43218
site and, by the first day of February each year, shall distribute	43219
that data to the parent of each eligible student. In reporting	43220
student performance data under this division, the department shall	43221
not include any data that is statistically unreliable or that	43222
could result in the identification of individual students. For	43223
this purpose, the department shall not report performance data for	43224
any group that contains less than ten students.	43225

(D) The department shall provide the parent of each	43226
scholarship student with information comparing the student's	43227
performance on the assessments administered under section 3310.14	43228
of the Revised Code with the average performance of similar	43229
students enrolled in the building operated by the student's	43230
resident district that the scholarship student would otherwise	43231
attend. In calculating the performance of similar students, the	43232
department shall consider age, grade, race and ethnicity, gender,	43233
and socioeconomic status.	43234

Sec. 3310.41. (A) As used in this section:

43235

(1) "Alternative public provider" means either of the	43236
following providers that agrees to enroll a child in the	43237
provider's special education program to implement the child's	43238
individualized education program and to which the child's parent	43239
owes fees for the services provided to the child:	43240

(a) A school district that is not the school district in	43241
which the child is entitled to attend school;	43242

(b) A public entity other than a school district.

43243

(2) "Entitled to attend school" means entitled to attend	43244
school in a school district under section 3313.64 or 3313.65 of	43245
the Revised Code.	43246

(3) "Formula ADM" and "category six special education ADM"	43247
have the same meanings as in section 3317.02 of the Revised Code.	43248

(4) "Preschool child with a disability" and "individualized	43249
education program" have the same meanings as in section 3323.01	43250
of the Revised Code.	43251

(5) "Parent" has the same meaning as in section 3313.64 of	43252
the Revised Code, except that "parent" does not mean a parent	43253
whose custodial rights have been terminated.	43254

(6) "Preschool scholarship ADM" means the number of	43255
preschool children with disabilities reported under division	43256
(B)(3)(h) of section 3317.03 of the Revised Code.	43257

(7) "Qualified special education child" is a child for whom	43258
all of the following conditions apply:	43259

(a) The school district in which the child is entitled to	43260
attend school has identified the child as autistic. A child who	43261
has been identified as having a "pervasive developmental disorder	43262
- not otherwise specified (PPD-NOS)" shall be considered to be an	43263
autistic child for purposes of this section.	43264

(b) The school district in which the child is entitled to	43265
attend school has developed an individualized education program	43266
under Chapter 3323. of the Revised Code for the child.	43267

43268

(i) Was enrolled in the school district in which the child is	43269
entitled to attend school in any grade from preschool through	43270
twelve in the school year prior to the year in which a scholarship	43271
under this section is first sought for the child; or	43272

(ii) Is eligible to enter school in any grade preschool	43273
through twelve in the school district in which the child is	43274
entitled to attend school in the school year in which a	43275
scholarship under this section is first sought for the child.	43276

(8) "Registered private provider" means a nonpublic school or	43277
other nonpublic entity that has been approved by the department	43278
of education to participate in the program established under this	43279
section.	43280

(9) "Special education program" means a school or facility	43281
that provides special education and related services to children	43282
with disabilities.	43283

(B) There is hereby established the autism scholarship	43284
program. Under the program, the department of education shall pay	43285
a scholarship to the parent of each qualified special education	43286
child upon application of that parent pursuant to procedures and	43287
deadlines established by rule of the state board of education.	43288
Each scholarship shall be used only to pay tuition for the child	43289
on whose behalf the scholarship is awarded to attend a special	43290
education program that implements the child's individualized	43291
education program and that is operated by an alternative public	43292
provider or by a registered private provider. Each scholarship	43293
shall be in an amount not to exceed the lesser of the tuition	43294
charged for the child by the special education program or twenty	43295
thousand dollars. The purpose of the scholarship is to permit the	43296
parent of a qualified special education child the choice to send	43297
the child to a special education program, instead of the one	43298
operated by or for the school district in which the child is	43299
entitled to attend school, to receive the services prescribed in	43300
the child's individualized education program once the	43301
individualized education program is finalized. A scholarship under	43302
this section shall not be awarded to the parent of a child while	43303
the child's individualized education program is being developed by	43304
the school district in which the child is entitled to attend	43305
school, or while any administrative or judicial mediation or	43306
proceedings with respect to the content of the child's	43307
individualized education program are pending. A scholarship under	43308
this section shall not be used for a child to attend a public	43309
special education program that operates under a contract, compact,	43310
or other bilateral agreement between the school district in which	43311
the child is entitled to attend school and another school district	43312
or other public provider, or for a child to attend a community	43313
school established under Chapter 3314. of the Revised Code.	43314
However, nothing in this section or in any rule adopted by the	43315
state board shall prohibit a parent whose child attends a public	43316
special education program under a contract, compact, or other	43317
bilateral agreement, or a parent whose child attends a community	43318
school, from applying for and accepting a scholarship under this	43319
section so that the parent may withdraw the child from that	43320
program or community school and use the scholarship for the child	43321
to attend a special education program for which the parent is	43322
required to pay for services for the child. A child attending a	43323
special education program with a scholarship under this section	43324
shall continue to be entitled to transportation to and from that	43325
program in the manner prescribed by law.	43326

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	43327
(B)(10) of section 3317.03 of the Revised Code, a child who is not	43328
a preschool child with a disability for whom a scholarship is	43329
awarded under this section shall be counted in the formula ADM	43330
and the category six special education ADM of the district in	43331
which the child is entitled to attend school and not in the	43332
formula ADM and the category six special education ADM of any	43333
other school district. As prescribed in divisions (B)(3)(h) and	43334
(B)(10) of section 3317.03 of the Revised Code, a child who is a	43335
preschool child with a disability for whom a scholarship is	43336
awarded under this section shall be counted in the preschool	43337
scholarship ADM and category six special education ADM of the	43338
school district in which the child is entitled to attend school	43339
and not in the preschool scholarship ADM or category six special	43340
education ADM of any other school district.	43341

(2) In each fiscal year, the department shall deduct from the	43342
amounts paid to each school district under ~~Chapter~~Chapters 3306.	43343
and 3317. of the Revised Code, and, if necessary, sections 321.24	43344
and 323.156 of the Revised Code, the aggregate amount of	43345
scholarships awarded under this section for qualified special	43346
education children included in the formula ADM, or preschool	43347
scholarship ADM, and in the category six special education ADM of	43348
that school district as provided in division (C)(1) of this	43349
section. ~~The~~When computing the school district's instructional	43350
services support under section 3306.05 of the Revised Code, the	43351
department shall add the district's preschool scholarship ADM to	43352
the district's formula ADM.	43353

The scholarships deducted shall be considered as an approved	43354
special education and related services expense ~~for the purpose~~ of	43355
the school ~~district's compliance with division (C)(5) of section~~	43356
~~3317.022 of the Revised Code~~district.	43357

(3) From time to time, the department shall make a payment to	43358
the parent of each qualified special education child for whom a	43359
scholarship has been awarded under this section. The scholarship	43360
amount shall be proportionately reduced in the case of any such	43361
child who is not enrolled in the special education program for	43362
which a scholarship was awarded under this section for the entire	43363
school year. The department shall make no payments to the parent	43364
of a child while any administrative or judicial mediation or	43365
proceedings with respect to the content of the child's	43366
individualized education program are pending.	43367

(D) A scholarship shall not be paid to a parent for payment	43368
of tuition owed to a nonpublic entity unless that entity is a	43369
registered private provider. The department shall approve	43370
entities that meet the standards established by rule of the state	43371
board for the program established under this section.	43372

(E) The state board shall adopt rules under Chapter 119. of	43373
the Revised Code prescribing procedures necessary to implement	43374
this section, including, but not limited to, procedures and	43375
deadlines for parents to apply for scholarships, standards for	43376
registered private providers, and procedures for approval of	43377
entities as registered private providers.	43378

Sec. 3311.0510. (A) If all of the local school districts	43379
that make up the territory of an educational service center have	43380
severed from the territory of that service center pursuant to	43381
section 3311.059 of the Revised Code, upon the effective date of	43382
the severance of the last remaining local school district to make	43383
up the territory of the service center, the governing board of	43384
that service center shall be abolished and such service center	43385
shall be dissolved by order of the superintendent of public	43386
instruction. The superintendent's order shall provide for the	43387
equitable division and disposition of the assets, property,	43388
debts, and obligations of the service center among the local	43389
school districts, of which the territory of the service center is	43390
or previously was made up, and shall provide that the tax	43391
duplicate of each of those local school districts shall be bound	43392
for and assume the district's equitable share of the outstanding	43393
indebtedness of the service center. The superintendent's order is	43394
final and is not appealable.	43395

Immediately upon the abolishment of the service center	43396
governing board pursuant to this section, the superintendent	43397
shall appoint a qualified individual to administer the	43398
dissolution of the service center and to implement the terms of	43399
the superintendent's dissolution order. Prior to distributing	43400
assets to any local school district, but after paying in full	43401
other debts and obligations of the service center, the	43402
superintendent of public instruction may assess against the	43403
remaining assets of the service center the amount of the costs	43404
incurred by the department of education in performing the	43405
superintendent's duties under this division, including the fees,	43406
if any, owed to the individual appointed to administer the	43407
superintendent's dissolution order. Any excess cost incurred by	43408
the department under this division shall be divided equitably	43409
among the local school districts, of which the territory of the	43410
service center is or previously was made up, and each district's	43411
share of that excess cost shall be bound against the tax duplicate	43412
of that district.	43413

(B) A final audit of the former service center shall be	43414
performed in accordance with procedures established by the	43415
auditor of state.	43416

(C) The public records of an educational service center that	43417
is dissolved under this section shall be transferred in accordance	43418
with this division. Public records maintained by the service	43419
center in connection with services provided by the service center	43420
to local school districts shall be transferred to each of the	43421
respective local school districts. Public records maintained by	43422
the service center in connection with services provided under an	43423
agreement with a city or exempted village school district pursuant	43424
to section 3313.843 of the Revised Code shall be transferred to	43425
each of the respective city or exempted village school districts.	43426
All other public records maintained by the service center at the	43427
time the service center ceases operations shall be transferred to	43428
the Ohio historical society for analysis and disposition by the	43429
society in its capacity as archives administrator for the state	43430
and its political subdivisions pursuant to division (C) of section	43431
149.30 and section 149.31 of the Revised Code.	43432

Sec. 3311.06. (A) As used in this section:

43433

(1) "Annexation" and "annexed" mean annexation for municipal	43434
purposes under sections 709.02 to 709.37 of the Revised Code.	43435

(2) "Annexed territory" means territory that has been annexed	43436
for municipal purposes to a city served by an urban school	43437
district, but on September 24, 1986, has not been transferred to	43438
the urban school district.	43439

(3) "Urban school district" means a city school district with	43440
an average daily membership for the 1985-1986 school year in	43441
excess of twenty thousand that is the school district of a city	43442
that contains annexed territory.	43443

(4) "Annexation agreement" means an agreement entered into	43444
under division (F) of this section that has been approved by the	43445
state board of education or an agreement entered into prior to	43446
September 24, 1986, that meets the requirements of division (F) of	43447
this section and has been filed with the state board.	43448

(B) The territory included within the boundaries of a city,	43449
local, exempted village, or joint vocational school district shall	43450
be contiguous except where a natural island forms an integral part	43451
of the district, where the state board of education authorizes a	43452
noncontiguous school district, as provided in division (E)(1) of	43453
this section, or where a local school district is created pursuant	43454
to section 3311.26 of the Revised Code from one or more local	43455
school districts, one of which has entered into an agreement under	43456
section 3313.42 of the Revised Code.	43457

(C)(1) When all of the territory of a school district is	43458
annexed to a city or village, such territory thereby becomes a	43459
part of the city school district or the school district of which	43460
the village is a part, and the legal title to school property in	43461
such territory for school purposes shall be vested in the board of	43462
education of the city school district or the school district of	43463
which the village is a part.	43464

(2) When the territory so annexed to a city or village	43465
comprises part but not all of the territory of a school district,	43466
the said territory becomes part of the city school district or the	43467
school district of which the village is a part only upon approval	43468
by the state board of education, unless the district in which the	43469
territory is located is a party to an annexation agreement with	43470
the city school district.	43471

Any urban school district that has not entered into an	43472
annexation agreement with any other school district whose	43473
territory would be affected by any transfer under this division	43474
and that desires to negotiate the terms of transfer with any such	43475
district shall conduct any negotiations under division (F) of this	43476
section as part of entering into an annexation agreement with such	43477
a district.	43478

Any school district, except an urban school district,	43479
desiring state board approval of a transfer under this division	43480
shall make a good faith effort to negotiate the terms of transfer	43481
with any other school district whose territory would be affected	43482
by the transfer. Before the state board may approve any transfer	43483
of territory to a school district, except an urban school	43484
district, under this section, it must receive the following:	43485

(a) A resolution requesting approval of the transfer, passed	43486
by at least one of the school districts whose territory would be	43487
affected by the transfer;	43488

(b) Evidence determined to be sufficient by the state board	43489
to show that good faith negotiations have taken place or that the	43490
district requesting the transfer has made a good faith effort to	43491
hold such negotiations;	43492

(c) If any negotiations took place, a statement signed by all	43493
boards that participated in the negotiations, listing the terms	43494
agreed on and the points on which no agreement could be reached.	43495

(D) The state board of education shall adopt rules governing	43496
negotiations held by any school district except an urban school	43497
district pursuant to division (C)(2) of this section. The rules	43498
shall encourage the realization of the following goals:	43499

(1) A discussion by the negotiating districts of the present	43500
and future educational needs of the pupils in each district;	43501

(2) The educational, financial, and territorial stability of	43502
each district affected by the transfer;	43503

(3) The assurance of appropriate educational programs,	43504
services, and opportunities for all the pupils in each	43505
participating district, and adequate planning for the facilities	43506
needed to provide these programs, services, and opportunities.	43507

Districts involved in negotiations under such rules may agree	43508
to share revenues from the property included in the territory to	43509
be transferred, establish cooperative programs between the	43510
participating districts, and establish mechanisms for the	43511
settlement of any future boundary disputes.	43512

(E)(1) If territory annexed after September 24, 1986, is part	43513
of a school district that is a party to an annexation agreement	43514
with the urban school district serving the annexing city, the	43515
transfer of such territory shall be governed by the agreement. If	43516
the agreement does not specify how the territory is to be dealt	43517
with, the boards of education of the district in which the	43518
territory is located and the urban school district shall negotiate	43519
with regard to the transfer of the territory which shall be	43520
transferred to the urban school district unless, not later than	43521
ninety days after the effective date of municipal annexation, the	43522
boards of education of both districts, by resolution adopted by a	43523
majority of the members of each board, agree that the territory	43524
will not be transferred and so inform the state board of	43525
education.	43526

If territory is transferred under this division the transfer	43527
shall take effect on the first day of July occurring not sooner	43528
than ninety-one days after the effective date of the municipal	43529
annexation. Territory transferred under this division need not be	43530
contiguous to the district to which it is transferred.	43531

(2) Territory annexed prior to September 24, 1986, by a city	43532
served by an urban school district shall not be subject to	43533
transfer under this section if the district in which the territory	43534
is located is a party to an annexation agreement or becomes a	43535
party to such an agreement not later than ninety days after	43536
September 24, 1986. If the district does not become a party to an	43537
annexation agreement within the ninety-day period, transfer of	43538
territory shall be governed by division (C)(2) of this section. If	43539
the district subsequently becomes a party to an agreement,	43540
territory annexed prior to September 24, 1986, other than	43541
territory annexed under division (C)(2) of this section prior to	43542
the effective date of the agreement, shall not be subject to	43543
transfer under this section.	43544

(F) An urban school district may enter into a comprehensive	43545
agreement with one or more school districts under which transfers	43546
of territory annexed by the city served by the urban school	43547
district after September 24, 1986, shall be governed by the	43548
agreement. Such agreement must provide for the establishment of a	43549
cooperative education program under section 3313.842 of the	43550
Revised Code in which all the parties to the agreement are	43551
participants and must be approved by resolution of the majority of	43552
the members of each of the boards of education of the school	43553
districts that are parties to it. An agreement may provide for	43554
interdistrict payments based on local revenue growth resulting	43555
from development in any territory annexed by the city served by	43556
the urban school district.	43557

An agreement entered into under this division may be altered,	43558
modified, or terminated only by agreement, by resolution approved	43559
by the majority of the members of each board of education, of all	43560
school districts that are parties to the agreement, except that	43561
with regard to any provision that affects only the urban school	43562
district and one of the other districts that is a party, that	43563
district and the urban district may modify or alter the agreement	43564
by resolution approved by the majority of the members of the board	43565
of that district and the urban district. Alterations,	43566
modifications, terminations, and extensions of an agreement	43567
entered into under this division do not require approval of the	43568
state board of education, but shall be filed with the board after	43569
approval and execution by the parties.	43570

If an agreement provides for interdistrict payments, each	43571
party to the agreement, except any school district specifically	43572
exempted by the agreement, shall agree to make an annual payment	43573
to the urban school district with respect to any of its territory	43574
that is annexed territory in an amount not to exceed the amount	43575
certified for that year under former section 3317.029 of the	43576
Revised Code as that section existed prior to July 1, 1998; except	43577
that such limitation of annual payments to amounts certified under	43578
former section 3317.029 of the Revised Code does not apply to	43579
agreements or extensions of agreements entered into on or after	43580
June 1, 1992, unless such limitation is expressly agreed to by the	43581
parties. The agreement may provide that all or any part of the	43582
payment shall be waived if the urban school district receives its	43583
payment with respect to such annexed territory under former	43584
section 3317.029 of the Revised Code and that all or any part of	43585
such payment may be waived if the urban school district does not	43586
receive its payment with respect to such annexed territory under	43587
such section.	43588

With respect to territory that is transferred to the urban	43589
school district after September 24, 1986, the agreement may	43590
provide for annual payments by the urban school district to the	43591
school district whose territory is transferred to the urban school	43592
district subsequent to annexation by the city served by the urban	43593
school district.	43594

(G) In the event territory is transferred from one school	43595
district to another under this section, an equitable division of	43596
the funds and indebtedness between the districts involved shall be	43597
made under the supervision of the state board of education and	43598
that board's decision shall be final. Such division shall not	43599
include funds payable to or received by a school district under	43600
Chapter 3306. or 3317. of the Revised Code or payable to or	43601
received by a school district from the United States or any	43602
department or agency thereof. In the event such transferred	43603
territory includes real property owned by a school district, the	43604
state board of education, as part of such division of funds and	43605
indebtedness, shall determine the true value in money of such real	43606
property and all buildings or other improvements thereon. The	43607
board of education of the school district receiving such territory	43608
shall forthwith pay to the board of education of the school	43609
district losing such territory such true value in money of such	43610
real property, buildings, and improvements less such percentage of	43611
the true value in money of each school building located on such	43612
real property as is represented by the ratio of the total	43613
enrollment in day classes of the pupils residing in the territory	43614
transferred enrolled at such school building in the school year in	43615
which such annexation proceedings were commenced to the total	43616
enrollment in day classes of all pupils residing in the school	43617
district losing such territory enrolled at such school building in	43618
such school year. The school district receiving such payment shall	43619
place the proceeds thereof in its sinking fund or bond retirement	43620
fund.	43621

(H) The state board of education, before approving such	43622
transfer of territory, shall determine that such payment has been	43623
made and shall apportion to the acquiring school district such	43624
percentage of the indebtedness of the school district losing the	43625
territory as is represented by the ratio that the assessed	43626
valuation of the territory transferred bears to the total assessed	43627
valuation of the entire school district losing the territory as of	43628
the effective date of the transfer, provided that in ascertaining	43629
the indebtedness of the school district losing the territory the	43630
state board of education shall disregard such percentage of the	43631
par value of the outstanding and unpaid bonds and notes of said	43632
school district issued for construction or improvement of the	43633
school building or buildings for which payment was made by the	43634
acquiring district as is equal to the percentage by which the true	43635
value in money of such building or buildings was reduced in fixing	43636
the amount of said payment.	43637

(I) No transfer of school district territory or division of	43638
funds and indebtedness incident thereto, pursuant to the	43639
annexation of territory to a city or village shall be completed in	43640
any other manner than that prescribed by this section regardless	43641
of the date of the commencement of such annexation proceedings,	43642
and this section applies to all proceedings for such transfers and	43643
divisions of funds and indebtedness pending or commenced on or	43644
after October 2, 1959.	43645

Sec. 3311.19. (A) The management and control of a joint	43646
vocational school district shall be vested in the joint vocational	43647
school district board of education. Where a joint vocational	43648
school district is composed only of two or more local school	43649
districts located in one county, or when all the participating	43650
districts are in one county and the boards of such participating	43651
districts so choose, the educational service center governing	43652
board of the county in which the joint vocational school district	43653
is located shall serve as the joint vocational school district	43654
board of education. Where a joint vocational school district is	43655
composed of local school districts of more than one county, or of	43656
any combination of city, local, or exempted village school	43657
districts or educational service centers, unless administration by	43658
the educational service center governing board has been chosen by	43659
all the participating districts in one county pursuant to this	43660
section, the board of education of the joint vocational school	43661
district shall be composed of one or more persons who are members	43662
of the boards of education from each of the city or exempted	43663
village school districts or members of the educational service	43664
centers' governing boards affected to be appointed by the boards	43665
of education or governing boards of such school districts and	43666
educational service centers. In such joint vocational school	43667
districts the number and terms of members of the joint vocational	43668
school district board of education and the allocation of a given	43669
number of members to each of the city and exempted village	43670
districts and educational service centers shall be determined in	43671
the plan for such district, provided that each such joint	43672
vocational school district board of education shall be composed of	43673
an odd number of members.	43674

(B) Notwithstanding division (A) of this section, a governing	43675
board of an educational service center that has members of its	43676
governing board serving on a joint vocational school district	43677
board of education may make a request to the joint vocational	43678
district board that the joint vocational school district plan be	43679
revised to provide for one or more members of boards of education	43680
of local school districts that are within the territory of the	43681
educational service district and within the joint vocational	43682
school district to serve in the place of or in addition to its	43683
educational service center governing board members. If agreement	43684
is obtained among a majority of the boards of education and	43685
governing boards that have a member serving on the joint	43686
vocational school district board of education and among a majority	43687
of the local school district boards of education included in the	43688
district and located within the territory of the educational	43689
service center whose board requests the substitution or addition,	43690
the state board of education may revise the joint vocational	43691
school district plan to conform with such agreement.	43692

(C) If the board of education of any school district or	43693
educational service center governing board included within a joint	43694
vocational district that has had its board or governing board	43695
membership revised under division (B) of this section requests the	43696
joint vocational school district board to submit to the state	43697
board of education a revised plan under which one or more joint	43698
vocational board members chosen in accordance with a plan revised	43699
under such division would again be chosen in the manner prescribed	43700
by division (A) of this section, the joint vocational board shall	43701
submit the revised plan to the state board of education, provided	43702
the plan is agreed to by a majority of the boards of education	43703
represented on the joint vocational board, a majority of the local	43704
school district boards included within the joint vocational	43705
district, and each educational service center governing board	43706
affected by such plan. The state board of education may revise the	43707
joint vocational school district plan to conform with the revised	43708
plan.	43709

(D) The vocational schools in such joint vocational school	43710
district shall be available to all youth of school age within the	43711
joint vocational school district subject to the rules adopted by	43712
the joint vocational school district board of education in regard	43713
to the standards requisite to admission. A joint vocational school	43714
district board of education shall have the same powers, duties,	43715
and authority for the management and operation of such joint	43716
vocational school district as is granted by law, except by this	43717
chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the	43718
Revised Code, to a board of education of a city school district,	43719
and shall be subject to all the provisions of law that apply to a	43720
city school district, except such provisions in this chapter and	43721
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code.	43722

(E) Where a governing board of an educational service center	43723
has been designated to serve as the joint vocational school	43724
district board of education, the educational service center	43725
superintendent shall be the executive officer for the joint	43726
vocational school district, and the governing board may provide	43727
for additional compensation to be paid to the educational service	43728
center superintendent by the joint vocational school district, but	43729
the educational service center superintendent shall have no	43730
continuing tenure other than that of educational service center	43731
superintendent. The superintendent of schools of a joint	43732
vocational school district shall exercise the duties and authority	43733
vested by law in a superintendent of schools pertaining to the	43734
operation of a school district and the employment and supervision	43735
of its personnel. The joint vocational school district board of	43736
education shall appoint a treasurer of the joint vocational school	43737
district who shall be the fiscal officer for such district and who	43738
shall have all the powers, duties, and authority vested by law in	43739
a treasurer of a board of education. Where a governing board of an	43740
educational service center has been designated to serve as the	43741
joint vocational school district board of education, such board	43742
may appoint the educational service center superintendent as the	43743
treasurer of the joint vocational school district.	43744

(F) Each member of a joint vocational school district board	43745
of education may be paid such compensation as the board provides	43746
by resolution, but it shall not exceed one hundred twenty-five	43747
dollars per member for each meeting attended plus mileage, at the	43748
rate per mile provided by resolution of the board, to and from	43749
meetings of the board.	43750

The board may provide by resolution for the deduction of	43751
amounts payable for benefits under section 3313.202 of the Revised	43752
Code.	43753

Each member of a joint vocational school district board may	43754
be paid such compensation as the board provides by resolution for	43755
attendance at an approved training program, provided that such	43756
compensation shall not exceed sixty dollars per day for attendance	43757
at a training program three hours or fewer in length and one	43758
hundred twenty-five dollars a day for attendance at a training	43759
program longer than three hours in length. However, no board	43760
member shall be compensated for the same training program under	43761
this section and section 3313.12 of the Revised Code.	43762

Sec. 3311.21. (A) In addition to the resolutions authorized	43763
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	43764
the Revised Code, the board of education of a joint vocational or	43765
cooperative education school district by a vote of two-thirds of	43766
its full membership may at any time adopt a resolution declaring	43767
the necessity to levy a tax in excess of the ten-mill limitation	43768
for a period not to exceed ten years to provide funds for any one	43769
or more of the following purposes, which may be stated in the	43770
following manner in such resolution, the ballot, and the notice of	43771
election: purchasing a site or enlargement thereof and for the	43772
erection and equipment of buildings; for the purpose of enlarging,	43773
improving, or rebuilding thereof; for the purpose of providing for	43774
the current expenses of the joint vocational or cooperative school	43775
district; or for a continuing period for the purpose of providing	43776
for the current expenses of the joint vocational or cooperative	43777
education school district. The resolution shall specify the amount	43778
of the proposed rate and, if a renewal, whether the levy is to	43779
renew all, or a portion of, the existing levy, and shall specify	43780
the first year in which the levy will be imposed. If the levy	43781
provides for but is not limited to current expenses, the	43782
resolution shall apportion the annual rate of the levy between	43783
current expenses and the other purpose or purposes. Such	43784
apportionment may but need not be the same for each year of the	43785
levy, but the respective portions of the rate actually levied each	43786
year for current expenses and the other purpose or purposes shall	43787
be limited by such apportionment. The portion of any such rate	43788
actually levied for current expenses of a joint vocational or	43789
cooperative education school district shall be used in applying	43790
division (A)(1) of section 3306.01 and division (A) of section	43791
3317.01 of the Revised Code. The portion of any such rate not	43792
apportioned to the current expenses of a joint vocational or	43793
cooperative education school district shall be used in applying	43794
division (B) of this section. On the adoption of such resolution,	43795
the joint vocational or cooperative education school district	43796
board of education shall certify the resolution to the board of	43797
elections of the county containing the most populous portion of	43798
the district, which board shall receive resolutions for filing	43799
and send them to the boards of elections of each county in which	43800
territory of the district is located, furnish all ballots for the	43801
election as provided in section 3505.071 of the Revised Code, and	43802
prepare the election notice; and the board of elections of each	43803
county in which the territory of such district is located shall	43804
make the other necessary arrangements for the submission of the	43805
question to the electors of the joint vocational or cooperative	43806
education school district at the next primary or general election	43807
occurring not less than seventy-five days after the resolution	43808
was received from the joint vocational or cooperative education	43809
school district board of education, or at a special election to	43810
be held at a time designated by the district board of education	43811
consistent with the requirements of section 3501.01 of the	43812
Revised Code, which date shall not be earlier than seventy-five	43813
days after the adoption and certification of the resolution.	43814

The board of elections of the county or counties in which	43815
territory of the joint vocational or cooperative education school	43816
district is located shall cause to be published in one or more	43817
newspapers of general circulation in that district an	43818
advertisement of the proposed tax levy question together with a	43819
statement of the amount of the proposed levy once a week for two	43820
consecutive weeks, prior to the election at which the question is	43821
to appear on the ballot, and, if the board of elections operates	43822
and maintains a web site, the board also shall post a similar	43823
advertisement on its web site for thirty days prior to that	43824
election.	43825

If a majority of the electors voting on the question of	43826
levying such tax vote in favor of the levy, the joint vocational	43827
or cooperative education school district board of education shall	43828
annually make the levy within the district at the rate specified	43829
in the resolution and ballot or at any lesser rate, and the county	43830
auditor of each affected county shall annually place the levy on	43831
the tax list and duplicate of each school district in the county	43832
having territory in the joint vocational or cooperative education	43833
school district. The taxes realized from the levy shall be	43834
collected at the same time and in the same manner as other taxes	43835
on the duplicate, and the taxes, when collected, shall be paid to	43836
the treasurer of the joint vocational or cooperative education	43837
school district and deposited to a special fund, which shall be	43838
established by the joint vocational or cooperative education	43839
school district board of education for all revenue derived from	43840
any tax levied pursuant to this section and for the proceeds of	43841
anticipation notes which shall be deposited in such fund. After	43842
the approval of the levy, the joint vocational or cooperative	43843
education school district board of education may anticipate a	43844
fraction of the proceeds of the levy and from time to time, during	43845
the life of the levy, but in any year prior to the time when the	43846
tax collection from the levy so anticipated can be made for that	43847
year, issue anticipation notes in an amount not exceeding fifty	43848
per cent of the estimated proceeds of the levy to be collected in	43849
each year up to a period of five years after the date of the	43850
issuance of the notes, less an amount equal to the proceeds of the	43851
levy obligated for each year by the issuance of anticipation	43852
notes, provided that the total amount maturing in any one year	43853
shall not exceed fifty per cent of the anticipated proceeds of the	43854
levy for that year. Each issue of notes shall be sold as provided	43855
in Chapter 133. of the Revised Code, and shall, except for such	43856
limitation that the total amount of such notes maturing in any one	43857
year shall not exceed fifty per cent of the anticipated proceeds	43858
of the levy for that year, mature serially in substantially equal	43859
installments, during each year over a period not to exceed five	43860
years after their issuance.	43861

(B) Prior to the application of section 319.301 of the	43862
Revised Code, the rate of a levy that is limited to, or to the	43863
extent that it is apportioned to, purposes other than current	43864
expenses shall be reduced in the same proportion in which the	43865
district's total valuation increases during the life of the levy	43866
because of additions to such valuation that have resulted from	43867
improvements added to the tax list and duplicate.	43868

(C) The form of ballot cast at an election under division (A)	43869
of this section shall be as prescribed by section 5705.25 of the	43870
Revised Code.	43871

Sec. 3311.29. (A) Except as provided under division (B) or	43872
(C) of this section, no school district shall be created and no	43873
school district shall exist which does not maintain within such	43874
district public schools consisting of grades kindergarten through	43875
twelve and any such existing school district not maintaining such	43876
schools shall be dissolved and its territory joined with another	43877
school district or districts by order of the state board of	43878
education if no agreement is made among the surrounding districts	43879
voluntarily, which order shall provide an equitable division of	43880
the funds, property, and indebtedness of the dissolved school	43881
district among the districts receiving its territory. The state	43882
board of education may authorize exceptions to school districts	43883
where topography, sparsity of population, and other factors make	43884
compliance impracticable.	43885

The superintendent of public instruction is without authority	43886
to distribute funds under ~~sections 3317.022 to 3317.025~~Chapter	43887
3306. or 3317. of the Revised Code to any school district that	43888
does not maintain schools with grades kindergarten through twelve	43889
and to which no exception has been granted by the state board of	43890
education.	43891

(B) Division (A) of this section does not apply to any joint	43892
vocational school district or any cooperative education school	43893
district established pursuant to divisions (A) to (C) of section	43894
3311.52 of the Revised Code.	43895

(C)(1)(a) Except as provided in division (C)(3) of this	43896
section, division (A) of this section does not apply to any	43897
cooperative education school district established pursuant to	43898
section 3311.521 of the Revised Code nor to the city, exempted	43899
village, or local school districts that have territory within such	43900
a cooperative education district.	43901

(b) The cooperative district and each city, exempted village,	43902
or local district with territory within the cooperative district	43903
shall maintain the grades that the resolution adopted or amended	43904
pursuant to section 3311.521 of the Revised Code specifies.	43905

(2) Any cooperative education school district described under	43906
division (C)(1) of this section that fails to maintain the grades	43907
it is specified to operate shall be dissolved by order of the	43908
state board of education unless prior to such an order the	43909
cooperative district is dissolved pursuant to section 3311.54 of	43910
the Revised Code. Any such order shall provide for the equitable	43911
adjustment, division, and disposition of the assets, property,	43912
debts, and obligations of the district among each city, local, and	43913
exempted village school district whose territory is in the	43914
cooperative district and shall provide that the tax duplicate of	43915
each city, local, and exempted village school district whose	43916
territory is in the cooperative district shall be bound for and	43917
assume its share of the outstanding indebtedness of the	43918
cooperative district.	43919

(3) If any city, exempted village, or local school district	43920
described under division (C)(1) of this section fails to maintain	43921
the grades it is specified to operate the cooperative district	43922
within which it has territory shall be dissolved in accordance	43923
with division (C)(2) of this section and upon that dissolution any	43924
city, exempted village, or local district failing to maintain	43925
grades kindergarten through twelve shall be subject to the	43926
provisions for dissolution in division (A) of this section.	43927

Sec. 3311.52. A cooperative education school district may be	43928
established pursuant to divisions (A) to (C) of this section or	43929
pursuant to section 3311.521 of the Revised Code.	43930

(A) A cooperative education school district may be	43931
established upon the adoption of identical resolutions within a	43932
sixty-day period by a majority of the members of the board of	43933
education of each city, local, and exempted village school	43934
district that is within the territory of a county school financing	43935
district.	43936

A copy of each resolution shall be filed with the governing	43937
board ~~of education~~ of the educational service center which created	43938
the county school financing district. Upon the filing of the last	43939
such resolution, the educational service center governing board	43940
shall immediately notify each board of education filing such a	43941
resolution of the date on which the last resolution was filed.	43942

Ten days after the date on which the last resolution is filed	43943
with the educational service center governing board or ten days	43944
after the last of any notices required under division (C) of this	43945
section is received by the educational service center governing	43946
board, whichever is later, the county school financing district	43947
shall be dissolved and the new cooperative education school	43948
district and the board of education of the cooperative education	43949
school district shall be established.	43950

On the date that any county school financing district is	43951
dissolved and a cooperative education school district is	43952
established under this section, each of the following shall apply:	43953

(1) The territory of the dissolved district becomes the	43954
territory of the new district.	43955

(2) Any outstanding tax levy in force in the dissolved	43956
district shall be spread over the territory of the new district	43957
and shall remain in force in the new district until the levy	43958
expires or is renewed.	43959

(3) Any funds of the dissolved district shall be paid over in	43960
full to the new district.	43961

(4) Any net indebtedness of the dissolved district shall be	43962
assumed in full by the new district. As used in division (A)(4) of	43963
this section, "net indebtedness" means the difference between the	43964
par value of the outstanding and unpaid bonds and notes of the	43965
dissolved district and the amount held in the sinking fund and	43966
other indebtedness retirement funds for their redemption.	43967

When a county school financing district is dissolved and a	43968
cooperative education school district is established under this	43969
section, the governing board of the educational service center	43970
that created the dissolved district shall give written notice of	43971
this fact to the county auditor and the board of elections of each	43972
county having any territory in the new district.	43973

(B) The resolutions adopted under division (A) of this	43974
section shall include all of the following provisions:	43975

(1) Provision that the governing board of the educational	43976
service center which created the county school financing district	43977
shall be the board of education of the cooperative education	43978
school district, except that provision may be made for the	43979
composition, selection, and terms of office of an alternative	43980
board of education of the cooperative district, which board shall	43981
include at least one member selected from or by the members of the	43982
board of education of each city, local, and exempted village	43983
school district and at least one member selected from or by the	43984
members of the educational service center governing board within	43985
the territory of the cooperative district;	43986

(2) Provision that the treasurer and superintendent of the	43987
educational service center which created the county school	43988
financing district shall be the treasurer and superintendent of	43989
the cooperative education school district, except that provision	43990
may be made for the selection of a treasurer or superintendent of	43991
the cooperative district other than the treasurer or	43992
superintendent of the educational service center, which provision	43993
shall require one of the following:	43994

(a) The selection of one person as both the treasurer and	43995
superintendent of the cooperative district, which provision may	43996
require such person to be the treasurer or superintendent of any	43997
city, local, or exempted village school district or educational	43998
service center within the territory of the cooperative district;	43999

(b) The selection of one person as the treasurer and another	44000
person as the superintendent of the cooperative district, which	44001
provision may require either one or both such persons to be	44002
treasurers or superintendents of any city, local, or exempted	44003
village school districts or educational service center within the	44004
territory of the cooperative district.	44005

(3) A statement of the educational program the board of	44006
education of the cooperative education school district will	44007
conduct, including but not necessarily limited to the type of	44008
educational program, the grade levels proposed for inclusion in	44009
the program, the timetable for commencing operation of the	44010
program, and the facilities proposed to be used or constructed to	44011
be used by the program;	44012

(4) A statement of the annual amount, or the method for	44013
determining that amount, of funds or services or facilities that	44014
each city, local, and exempted village school district within the	44015
territory of the cooperative district is required to pay to or	44016
provide for the use of the board of education of the cooperative	44017
education school district;	44018

(5) Provision for adopting amendments to the provisions of	44019
divisions (B)(2) to (4) of this section.	44020

(C) If the resolutions adopted under division (A) of this	44021
section provide for a board of education of the cooperative	44022
education school district that is not the governing board of the	44023
educational service center that created the county school	44024
financing district, each board of education of each city, local,	44025
or exempted village school district and the governing board of the	44026
educational service center within the territory of the cooperative	44027
district shall, within thirty days after the date on which the	44028
last resolution is filed with the educational service center	44029
governing board under division (A) of this section, select one or	44030
more members of the board of education of the cooperative district	44031
as provided in the resolutions filed with the educational service	44032
center governing board. Each such board shall immediately notify	44033
the educational ~~services~~service center governing board of each	44034
such selection.	44035

(D) Except for the powers and duties in this chapter and	44036
Chapters 124., 3306., 3317., 3318., 3323., and 3331. of the	44037
Revised Code, a cooperative education school district established	44038
pursuant to divisions (A) to (C) of this section or pursuant to	44039
section 3311.521 of the Revised Code has all the powers of a city	44040
school district and its board of education has all the powers and	44041
duties of a board of education of a city school district with	44042
respect to the educational program specified in the resolutions	44043
adopted under division (A) of this section. All laws applicable to	44044
a city school district or the board of education or the members of	44045
the board of education of a city school district, except such laws	44046
in this chapter and Chapters 124., 3306., 3317., 3318., 3323., and	44047
3331. of the Revised Code, are applicable to a cooperative	44048
education school district and its board.	44049

The treasurer and superintendent of a cooperative education	44050
school district shall have the same respective duties and powers	44051
as a treasurer and superintendent of a city school district,	44052
except for any powers and duties in this chapter and Chapters	44053
124., 3306., 3317., 3318., 3323., and 3331. of the Revised Code.	44054

(E) For purposes of this title, any student included in the	44055
formula ADM certified for any city, exempted village, or local	44056
school district under section 3317.03 of the Revised Code by	44057
virtue of being counted, in whole or in part, in the average daily	44058
membership of a cooperative education school district under	44059
division (A)(2)~~(f)~~(d) of that section shall be construed to be	44060
enrolled both in that city, exempted village, or ~~village~~local	44061
school district and in that cooperative education school district.	44062
This division shall not be construed to mean that any such	44063
individual student may be counted more than once for purposes of	44064
determining the average daily membership of any one school	44065
district.	44066

Sec. 3311.76. (A) Notwithstanding Chapters 3302., 3306., and	44067
3317. of the Revised Code, upon written request of the district	44068
chief executive officer the state superintendent of public	44069
instruction may exempt a municipal school district from any rules	44070
adopted under Title XXXIII of the Revised Code except for any rule	44071
adopted under Chapter 3307. or 3309., sections 3319.07 to 3319.21,	44072
or Chapter 3323. of the Revised Code, and may authorize a	44073
municipal school district to apply funds allocated to the district	44074
under ~~Chapter~~Chapters 3306. and 3317. of the Revised Code, except	44075
those specifically allocated to purposes other than current	44076
expenses, to the payment of debt charges on the district's public	44077
obligations. The request must specify the provisions from which	44078
the district is seeking exemption or the application requested and	44079
the reasons for the request. The state superintendent shall	44080
approve the request if the superintendent finds the requested	44081
exemption or application is in the best interest of the district's	44082
students. The superintendent shall approve or disapprove the	44083
request within thirty days and shall notify the district board and	44084
the district chief executive officer of approval or reasons for	44085
disapproving the request.	44086

(B) In addition to the rights, authority, and duties	44087
conferred upon a municipal school district and its board of	44088
education in sections 3311.71 to 3311.76 of the Revised Code, a	44089
municipal school district and its board shall have all of the	44090
rights, authority, and duties conferred upon a city school	44091
district and its board by law that are not inconsistent with	44092
sections 3311.71 to 3311.76 of the Revised Code.	44093

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	44094
and (F)~~, and (G)~~ of this section, when a board of education	44095
decides to dispose of real or personal property that it owns in	44096
its corporate capacity and that exceeds in value ten thousand	44097
dollars, it shall sell the property at public auction, after	44098
giving at least thirty days' notice of the auction by publication	44099
in a newspaper of general circulation or by posting notices in	44100
five of the most public places in the school district in which the	44101
property, if it is real property, is situated, or, if it is	44102
personal property, in the school district of the board of	44103
education that owns the property. The board may offer real	44104
property for sale as an entire tract or in parcels.	44105

(B) When the board of education has offered real or personal	44106
property for sale at public auction at least once pursuant to	44107
division (A) of this section, and the property has not been sold,	44108
the board may sell it at a private sale. Regardless of how it was	44109
offered at public auction, at a private sale, the board shall, as	44110
it considers best, sell real property as an entire tract or in	44111
parcels, and personal property in a single lot or in several lots.	44112

(C) If a board of education decides to dispose of real or	44113
personal property that it owns in its corporate capacity and that	44114
exceeds in value ten thousand dollars, it may sell the property to	44115
the adjutant general; to any subdivision or taxing authority as	44116
respectively defined in divisions (A) and (C) of section 5705.01	44117
of the Revised Code, township park district, board of park	44118
commissioners established under Chapter 755. of the Revised Code,	44119
or park district established under Chapter 1545. of the Revised	44120
Code; to a wholly or partially tax-supported university,	44121
university branch, or college; or to the board of trustees of a	44122
school district library, upon such terms as are agreed upon. The	44123
sale of real or personal property to the board of trustees of a	44124
school district library is limited, in the case of real property,	44125
to a school district library within whose boundaries the real	44126
property is situated, or, in the case of personal property, to a	44127
school district library whose boundaries lie in whole or in part	44128
within the school district of the selling board of education.	44129

(D) When a board of education decides to trade as a part or	44130
an entire consideration, an item of personal property on the	44131
purchase price of an item of similar personal property, it may	44132
trade the same upon such terms as are agreed upon by the parties	44133
to the trade.	44134

(E) The president and the treasurer of the board of education	44135
shall execute and deliver deeds or other necessary instruments of	44136
conveyance to complete any sale or trade under this section.	44137

(F) When a board of education has identified a parcel of real	44138
property that it determines is needed for school purposes, the	44139
board may, upon a majority vote of the members of the board,	44140
acquire that property by exchanging real property that the board	44141
owns in its corporate capacity for the identified real property or	44142
by using real property that the board owns in its corporate	44143
capacity as part or an entire consideration for the purchase price	44144
of the identified real property. Any exchange or acquisition made	44145
pursuant to this division shall be made by a conveyance executed	44146
by the president and the treasurer of the board.	44147

(G)~~(1) When a school district board of education decides to~~	44148
~~dispose of real property suitable for use as classroom space,~~	44149
~~prior to disposing of that property under divisions (A) to (F) of~~	44150
~~this section, it shall first offer that property for sale to the~~	44151
~~governing authorities of the start-up community schools~~	44152
~~established under Chapter 3314. of the Revised Code located within~~	44153
~~the territory of the school district, at a price that is not~~	44154
~~higher than the appraised fair market value of that property. If~~	44155
~~more than one community school governing authority accepts the~~	44156
~~offer made by the school district board, the board shall sell the~~	44157
~~property to the governing authority that accepted the offer first~~	44158
~~in time. If no community school governing authority accepts the~~	44159
~~offer within sixty days after the offer is made by the school~~	44160
~~district board, the board may dispose of the property in the~~	44161
~~applicable manner prescribed under divisions (A) to (F) of this~~	44162
~~section.~~	44163

~~(2) When a school district board of education has not used~~	44164
~~real property suitable for classroom space for academic~~	44165
~~instruction, administration, storage, or any other educational~~	44166
~~purpose for one full school year and has not adopted a resolution~~	44167
~~outlining a plan for using that property for any of those purposes~~	44168
~~within the next three school years, it shall offer that property~~	44169
~~for sale to the governing authorities of the start-up community~~	44170
~~schools established under Chapter 3314. of the Revised Code~~	44171
~~located within the territory of the school district, at a price~~	44172
~~that is not higher than the appraised fair market value of that~~	44173
~~property. If more than one community school governing authority~~	44174
~~accepts the offer made by the school district board, the board~~	44175
~~shall sell the property to the governing authority that accepted~~	44176
~~the offer first in time.~~	44177

~~(H)~~ When a school district board of education has property	44178
that the board, by resolution, finds is not needed for school	44179
district use, is obsolete, or is unfit for the use for which it	44180
was acquired, the board may donate that property in accordance	44181
with this division if the fair market value of the property is, in	44182
the opinion of the board, two thousand five hundred dollars or	44183
less.	44184

The property may be donated to an eligible nonprofit	44185
organization that is located in this state and is exempt from	44186
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	44187
Before donating any property under this division, the board shall	44188
adopt a resolution expressing its intent to make unneeded,	44189
obsolete, or unfit-for-use school district property available to	44190
these organizations. The resolution shall include guidelines and	44191
procedures the board considers to be necessary to implement the	44192
donation program and shall indicate whether the school district	44193
will conduct the donation program or the board will contract with	44194
a representative to conduct it. If a representative is known when	44195
the resolution is adopted, the resolution shall provide contact	44196
information such as the representative's name, address, and	44197
telephone number.	44198

The resolution shall include within its procedures a	44199
requirement that any nonprofit organization desiring to obtain	44200
donated property under this division shall submit a written notice	44201
to the board or its representative. The written notice shall	44202
include evidence that the organization is a nonprofit organization	44203
that is located in this state and is exempt from federal income	44204
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	44205
the organization's primary purpose; a description of the type or	44206
types of property the organization needs; and the name, address,	44207
and telephone number of a person designated by the organization's	44208
governing board to receive donated property and to serve as its	44209
agent.	44210

After adoption of the resolution, the board shall publish, in	44211
a newspaper of general circulation in the school district, notice	44212
of its intent to donate unneeded, obsolete, or unfit-for-use	44213
school district property to eligible nonprofit organizations. The	44214
notice shall include a summary of the information provided in the	44215
resolution and shall be published at least twice. The second and	44216
any subsequent notice shall be published not less than ten nor	44217
more than twenty days after the previous notice. A similar notice	44218
also shall be posted continually in the board's office, and, if	44219
the school district maintains a web site on the internet, the	44220
notice shall be posted continually at that web site.	44221

The board or its representatives shall maintain a list of all	44222
nonprofit organizations that notify the board or its	44223
representative of their desire to obtain donated property under	44224
this division and that the board or its representative determines	44225
to be eligible, in accordance with the requirements set forth in	44226
this section and in the donation program's guidelines and	44227
procedures, to receive donated property.	44228

The board or its representative also shall maintain a list of	44229
all school district property the board finds to be unneeded,	44230
obsolete, or unfit for use and to be available for donation under	44231
this division. The list shall be posted continually in a	44232
conspicuous location in the board's office, and, if the school	44233
district maintains a web site on the internet, the list shall be	44234
posted continually at that web site. An item of property on the	44235
list shall be donated to the eligible nonprofit organization that	44236
first declares to the board or its representative its desire to	44237
obtain the item unless the board previously has established, by	44238
resolution, a list of eligible nonprofit organizations that shall	44239
be given priority with respect to the item's donation. Priority	44240
may be given on the basis that the purposes of a nonprofit	44241
organization have a direct relationship to specific school	44242
district purposes of programs provided or administered by the	44243
board. A resolution giving priority to certain nonprofit	44244
organizations with respect to the donation of an item of property	44245
shall specify the reasons why the organizations are given that	44246
priority.	44247

Members of the board shall consult with the Ohio ethics	44248
commission, and comply with Chapters 102. and 2921. of the Revised	44249
Code, with respect to any donation under this division to a	44250
nonprofit organization of which a board member, any member of a	44251
board member's family, or any business associate of a board member	44252
is a trustee, officer, board member, or employee.	44253

Sec. 3313.48. (A) The board of education of each city,	44254
exempted village, local, and joint vocational school district	44255
shall provide for the free education of the youth of school age	44256
within the district under its jurisdiction, at such places as will	44257
be most convenient for the attendance of the largest number	44258
thereof. Except as provided in section 3313.481 of the Revised	44259
Code, each school so provided shall be open for instruction with	44260
pupils in attendance ~~for~~as prescribed by division (B) of this	44261
section.	44262

(B) Each school shall be open for instruction as follows:

44263

(1) In each learning year prior to the learning year that	44264
begins July 1, 2011, not less than one hundred eighty-two days in	44265
~~each school year, which~~;	44266

(2) In each of the learning years beginning on July 1, 2011,	44267
and July 1, 2012, respectively, not less than one hundred	44268
eighty-six days;	44269

(3) In each of the learning years beginning on July 1, 2013,	44270
and July 1, 2014, respectively, not less than one hundred ninety	44271
days;	44272

(4) In each of the learning years beginning on July 1, 2015,	44273
and July 1, 2016, respectively, not less than one hundred	44274
ninety-four days;	44275

(5) In the learning year that begins on July 1, 2017, and in	44276
each learning year thereafter, not less than one hundred	44277
ninety-eight days.	44278

(C) The minimum learning year prescribed by division (B) of	44279
this section may include all of the following:	44280

~~(A)~~(1) Up to four ~~school~~ days per year in which classes are	44281
dismissed one-half day early or the equivalent amount of time	44282
during a different number of days for the purpose of	44283
individualized parent-teacher conferences and reporting periods;	44284

~~(B)~~(2) Up to two days for professional meetings of teachers	44285
when such days occur during a regular school week and schools are	44286
not in session;	44287

~~(C)~~(3) The number of days the school is closed as a result	44288
of public calamity, as provided in ~~section~~sections 3306.01 and	44289
3317.01 of the Revised Code.	44290

(D) The state board of education shall adopt standards for	44291
defining ~~"school~~the minimum number of hours for a "learning day"	44292
as used in this section and sections ~~3313.48~~3306.01 and 3317.01	44293
of the Revised Code.	44294

Except as otherwise provided in this section, each learning	44295
day for grades seven through twelve shall consist of not less than	44296
five clock hours with pupils in attendance, except in such	44297
emergency situations, including lack of classroom space, as are	44298
approved by the state board of education. Except as otherwise	44299
provided in this section, each learning day for grades one through	44300
six shall consist of not less than five clock hours with pupils in	44301
attendance which may include fifteen minute morning and afternoon	44302
recess periods, except in such emergency situations, including	44303
lack of classroom space, as are approved by the state board of	44304
education.	44305

Sec. 3313.481. (A) With the approval of the department of	44306
education, a board of education of a city, exempted village,	44307
local, or joint vocational school district may operate any of its	44308
schools on a schedule other than that required by section 3313.48	44309
of the Revised Code in order to do any of the following:	44310

(1) To provide a flexible school day during which may be held	44311
parent-teacher conferences and reporting periods involving time in	44312
excess of that permitted to be credited toward fulfillment of the	44313
minimum school year under section 3313.48 of the Revised Code;	44314

(2) To establish and maintain a calendar of quarters,	44315
trimesters, or pentamesters;	44316

(3) To provide staggered attendance schedules if it receives	44317
approval to do so from the department of education.	44318

(B) A school district operating a school under this section	44319
shall have such school open for instruction for each pupil	44320
enrolled in that school for at least the following:	44321

(1) For each learning year prior to the learning year that	44322
begins on July 1, 2011, nine hundred ten hours ~~during the school~~	44323
~~year.~~;	44324

(2) In each of the learning years beginning on July 1, 2011,	44325
and July 1, 2012, respectively, nine hundred thirty hours;	44326

(3) In each of the learning years beginning on July 1, 2013,	44327
and July 1, 2014, respectively, nine hundred fifty hours;	44328

(4) In each of the learning years beginning on July 1, 2015,	44329
and July 1, 2016, respectively, nine hundred seventy hours;	44330

(5) In the learning year that begins on July 1, 2017, and in	44331
each learning year thereafter, nine hundred ninety hours.	44332

(C) For purposes of determining whether a school that is on a	44333
staggered attendance schedule is in compliance with this section	44334
in any ~~school~~learning year, the department of education may	44335
include days the school was open for instruction with pupils in	44336
attendance for not more than the first seventy days of the ensuing	44337
~~school~~learning year provided such days are not considered as days	44338
the school was open for instruction during such ensuing ~~school~~	44339
learning year. The following shall be considered as time during	44340
which the schools are open for instruction for a pupil enrolled in	44341
such a school, or for a pupil enrolled in a school that is not on	44342
a staggered attendance schedule but that operates under this	44343
section:	44344

(1) Morning and afternoon recess periods of not more than	44345
fifteen minutes duration per period for a pupil in grades one	44346
through six;	44347

(2) Ten hours during which the pupil would otherwise be in	44348
attendance but ~~when he~~ is not required to attend school in order	44349
to provide time for individualized parent-teacher conferences and	44350
reporting periods;	44351

(3) Ten hours during which the pupil would otherwise be in	44352
attendance but is not required to attend school in order to	44353
provide time for teachers to attend professional meetings;	44354

(4) The number of hours pupils would otherwise be in	44355
attendance but are not required to attend because school is closed	44356
as a result of a public calamity as provided in ~~section~~sections	44357
3306.01 and 3317.01 of the Revised Code.	44358

~~(C)~~(D) No board of education shall discriminate on the basis	44359
of sex, race, religion, or national origin when assigning pupils	44360
to attendance schedules pursuant to this section.	44361

Sec. 3313.482. (A) Annually, prior to the first day of	44362
September, the board of education of each city, local, and	44363
exempted village school district shall adopt a resolution	44364
specifying a contingency plan under which the district's students	44365
will make up days on which it was necessary to close schools ~~for~~	44366
~~any of the reasons specified in division (B) of section 3317.01 of~~	44367
~~the Revised Code~~because of disease epidemic, hazardous weather	44368
conditions, inoperability of school buses or other equipment	44369
necessary to the school's operation, damage to a school building,	44370
or other temporary circumstances due to utility failure rendering	44371
the school building unfit for school use, if any such days must be	44372
made up in order to comply with the requirements of ~~that section~~	44373
~~and~~ sections 3306.01, 3313.48 ~~and~~, 3313.481, and 3317.01 of the	44374
Revised Code. The resolution shall provide in the plan for making	44375
up at least five full ~~school~~learning days. If, after the first	44376
day of September, the board determines that the district is	44377
unable to implement the contingency plan as originally adopted,	44378
the board may adopt a resolution to amend the plan, but in no	44379
case shall the amended plan provide for making up less than five	44380
full learning days. No resolution adopted pursuant to this	44381
division shall conflict with any collective bargaining agreement	44382
into which a board has entered pursuant to Chapter 4117. of the	44383
Revised Code and that is in effect in the district.	44384

(B) Notwithstanding the content of the contingency plan it	44385
adopts under division (A) of this section, if a school district	44386
closes or evacuates any school building as a result of a bomb	44387
threat or any other report of an alleged or impending explosion,	44388
and if, as a result of the closing or evacuation, the school	44389
district would be unable to meet the requirements of sections	44390
3306.01, 3313.48, 3313.481, and 3317.01 of the Revised Code	44391
regarding the number of days schools must be open for instruction	44392
or the requirements of the state minimum standards for the ~~school~~	44393
learning day that are established by the department of education	44394
regarding the number of hours there must be in the ~~school~~	44395
learning day, the school district may increase the length of one	44396
or more other ~~school~~learning days for the school that was	44397
closed or evacuated, in increments of one-half hour, to make up	44398
the number of hours or days that the school building in question	44399
was so closed or evacuated for the purpose of satisfying the	44400
requirements of those sections regarding the number of days	44401
schools must be open for instruction or the requirements of	44402
those standards regarding the number of hours there must be in	44403
the ~~school~~learning day.	44404

(C) If a school district closes or evacuates any school	44405
building for any of the reasons specified in division ~~(B)~~(A) of	44406
this section ~~3317.01 of the Revised Code~~, and if for that school	44407
the total number of full ~~school~~learning days specified in the	44408
district's contingency plan adopted under that division ~~(A) of~~	44409
~~this section~~ is insufficient to enable the school district to	44410
meet the requirements of sections 3306.01, 3313.48, 3313.481, and	44411
3317.01 of the Revised Code regarding the number of days schools	44412
must be open for instruction or the requirements of the state	44413
minimum standards for the ~~school~~learning day that are	44414
established by the department of education regarding the number	44415
of hours there must be in the ~~school~~learning day, the school	44416
district may increase the length of one or more other ~~school~~	44417
learning days for the school that was closed or evacuated, in	44418
increments of one-half hour, to make up the number of hours or	44419
days that the school building in question was so closed or	44420
evacuated for the purpose of satisfying the requirements of those	44421
sections regarding the number of days schools must be open for	44422
instruction or the requirements of those standards regarding the	44423
number of hours there must be in the ~~school~~learning day. The	44424
district shall not be required to actually make up any of the	44425
days specified in the district's contingency plan prior to	44426
increasing the length of one or more ~~school~~learning days to	44427
make up the shortage of hours or days caused by the school's	44428
closure or evacuation, but in no case shall the district fail to	44429
make up the total number of full ~~school~~learning days specified	44430
in the contingency plan in accordance with that plan.	44431

(D) If a school district closes or evacuates a school	44432
building as a result of a bomb threat or any other report of an	44433
alleged or impending explosion and also closes or evacuates that	44434
school building on a different day for any of the reasons	44435
specified in division ~~(B)~~(A) of this section ~~3317.01 of the~~	44436
~~Revised Code~~, division (B) of this section applies regarding the	44437
closing or evacuation of the school building as a result of the	44438
bomb threat or report of an alleged or impending explosion and	44439
division (C) of this section applies regarding the closing or	44440
evacuation of the school building for the reason specified in	44441
division ~~(B)~~(A) of this section ~~3317.01 of the Revised Code~~.	44442

Notwithstanding the provisions of sections 3306.01, 3313.48,	44443
3313.481, and 3317.01 of the Revised Code and the requirements	44444
of the state minimum standards for the ~~school~~learning day that	44445
are established by the department of education and	44446
notwithstanding the content of the contingency plan it adopts	44447
under division (A) of this section regarding the closing or	44448
evacuation of a school building as a result of a bomb threat or	44449
any other report of an alleged or impending explosion, a school	44450
district that makes up, as described in division (B) or (C) of	44451
this section, all of the hours or days that its school buildings	44452
were closed or evacuated for any of the reasons identified in	44453
division (B) or (C) of this section shall be deemed to have	44454
complied with the requirements of those sections regarding the	44455
number of days schools must be open for instruction and the	44456
requirements of those minimum standards regarding the number of	44457
hours there must be in the ~~school~~learning day.	44458

Sec. 3313.483. (A) A board of education, upon the adoption	44459
of a resolution stating that it may be financially unable to open	44460
on the day or to remain open for instruction on all days set forth	44461
in its adopted school calendar and pay all obligated expenses, or	44462
the superintendent of public instruction upon the issuance of	44463
written notification under division (B) of section 3313.489 of the	44464
Revised Code, shall request the auditor of state to determine	44465
whether such situation exists. The auditor shall deliver a copy of	44466
each request from a board of education to the superintendent of	44467
public instruction. In the case of a school district not under a	44468
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	44469
auditor shall not issue a finding under this section until written	44470
notification is received from the superintendent pursuant to	44471
section 3313.487 of the Revised Code.	44472

(B) If the auditor of state finds that the board of education	44473
has attempted to avail itself to the fullest extent authorized by	44474
law of all lawful revenue sources available to it except those	44475
authorized by section 5705.21 of the Revised Code, the auditor	44476
shall certify that finding to the superintendent of public	44477
instruction and the state board of education and shall certify the	44478
operating deficit the district will have at the end of the fiscal	44479
year if it commences or continues operating its instructional	44480
program in accordance with its adopted school calendar and pays	44481
all obligated expenses.	44482

(C) No board of education may delay the opening of its	44483
schools or close its schools for financial reasons. Upon the	44484
request of the superintendent of public instruction, the attorney	44485
general shall seek injunctive relief and any other relief required	44486
to enforce this prohibition in the court of common pleas of	44487
Franklin county. The court of common pleas of Franklin county has	44488
exclusive original jurisdiction over all such actions.	44489

(D) Upon the receipt of any certification of an operating	44490
deficit from the auditor of state, a board of education shall make	44491
application to a commercial bank, underwriter, or other	44492
prospective lender or purchaser of its obligations for a loan in	44493
an amount sufficient to enable the district to open or remain open	44494
for instruction on all days set forth in its adopted school	44495
calendar but not to exceed the amount of the deficit certified.	44496

(E)(1) Any board of education that has applied for and been	44497
denied a loan from a commercial bank, underwriter, or other	44498
prospective lender or purchaser of its obligations pursuant to	44499
division (D) of this section shall submit to the superintendent of	44500
public instruction a plan for implementing reductions in the	44501
school district's budget; apply for a loan from a commercial bank,	44502
underwriter, or other prospective lender or purchaser of its	44503
obligations in an amount not to exceed its certified deficit; and	44504
provide the superintendent such information as the superintendent	44505
requires concerning its application for such a loan. The board of	44506
education of a school district declared to be under a fiscal watch	44507
pursuant to division (A) of section 3316.03 of the Revised Code	44508
may, upon approval of the superintendent, utilize the financial	44509
plan required by section 3316.04 of the Revised Code, or	44510
applicable parts thereof, as the plan required under this	44511
division. The board of education of a school district declared to	44512
be under a fiscal emergency pursuant to division (B) of section	44513
3316.03 of the Revised Code may utilize the financial recovery	44514
plan for the district, or applicable parts thereof, as the plan	44515
required under this division. Except for the plan of a school	44516
district under a fiscal emergency, the superintendent shall	44517
evaluate, make recommendations concerning, and approve or	44518
disapprove each plan. When a plan is submitted, the superintendent	44519
shall immediately notify the members of the general assembly whose	44520
legislative districts include any or all of the territory of the	44521
school district submitting the plan.	44522

(2) The superintendent shall submit to the controlling board	44523
a copy of each plan the superintendent approves, or each plan	44524
submitted by a district under a fiscal emergency pursuant to	44525
division (B) of section 3316.03 of the Revised Code, and the	44526
general terms of each proposed loan, and shall make	44527
recommendations regarding the plan and whether a proposed loan to	44528
the board of education should be approved for payment as provided	44529
in division (E)(3) of this section. The controlling board shall	44530
approve or disapprove the plan and the proposed loan presented to	44531
it by the superintendent. In the case of a district not under a	44532
fiscal emergency pursuant to division (B) of section 3316.03 of	44533
the Revised Code, the controlling board may require a board of	44534
education to implement the superintendent's recommendations for	44535
expenditure reductions or impose other requirements. Loan	44536
repayments shall be in accordance with a schedule approved by the	44537
superintendent, except that the principal amount of the loan shall	44538
be payable in monthly, semiannual, or annual installments of	44539
principal and interest that are substantially equal principal and	44540
interest installments. Except as otherwise provided in division	44541
(E)(2) of this section, repayment shall be made no later than the	44542
fifteenth day of June of the second fiscal year following the	44543
approval of the loan. A school district with a certified deficit	44544
in excess of either twenty-five million dollars or fifteen per	44545
cent of the general fund expenditures of the district during the	44546
fiscal year shall repay the loan no later than the fifteenth day	44547
of June of the tenth fiscal year following the approval of the	44548
loan. In deciding whether to approve or disapprove a proposed	44549
loan, the controlling board shall consider the deficit certified	44550
by the auditor of state pursuant to this section. A board of	44551
education that has an outstanding loan approved pursuant to this	44552
section with a repayment date of more than two fiscal years after	44553
the date of approval of such loan may not apply for another loan	44554
with such a repayment date until the outstanding loan has been	44555
repaid.	44556

(3) If a board of education has submitted and received	44557
controlling board approval of a plan and proposed loan in	44558
accordance with this section, the superintendent of public	44559
instruction shall report to the controlling board the actual	44560
amounts loaned to the board of education. Such board of education	44561
shall request the superintendent to pay any funds the board of	44562
education would otherwise receive pursuant to ~~sections 3317.022 to~~	44563
~~3317.025~~Chapter 3306. of the Revised Code first directly to the	44564
holders of the board of education's notes, or an agent thereof,	44565
such amounts as are specified under the terms of the loan. Such	44566
payments shall be made only from and to the extent of money	44567
appropriated by the general assembly for purposes of such	44568
sections. No note or other obligation of the board of education	44569
under the loan constitutes an obligation nor a debt or a pledge of	44570
the faith, credit, or taxing power of the state, and the holder or	44571
owner of such note or obligation has no right to have taxes levied	44572
by the general assembly for the payment of such note or	44573
obligation, and such note or obligation shall contain a statement	44574
to that effect.	44575

(4) Pursuant to the terms of such a loan, a board of	44576
education may issue its notes in anticipation of the collection of	44577
its voted levies for current expenses or its receipt of such state	44578
funds or both. Such notes shall be issued in accordance with	44579
division (E) of section 133.10 of the Revised Code and constitute	44580
Chapter 133. securities to the extent such division and the	44581
otherwise applicable provisions of Chapter 133. of the Revised	44582
Code are not inconsistent with this section, provided that in any	44583
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	44584
(E)(2) of section 133.10 of the Revised Code do not apply to such	44585
notes.	44586

(5) Notwithstanding section 133.36 or 3313.17, any other	44587
section of the Revised Code, or any other provision of law, a	44588
board of education that has received a loan under this section may	44589
not declare bankruptcy, so long as any portion of such loan	44590
remains unpaid.	44591

(F) Under this section and sections 3313.4810 and 3313.4811,	44592
"board of education" or "district board" includes the financial	44593
planning and supervision commission of a school district under a	44594
fiscal emergency pursuant to Chapter 3316. of the Revised Code	44595
where such commission chooses to exercise the powers and duties	44596
otherwise required of the district board of education under this	44597
section and sections 3313.4810 and 3313.4811 of the Revised Code.	44598

Sec. 3313.485. Notwithstanding any provision to the contrary	44599
in sections 3313.48 and 3313.481 or in Chapter 4117. of the	44600
Revised Code, the requirements of divisions (B)(2) to (5) of	44601
section 3313.48 and divisions (B)(2) to (5) of section 3313.481	44602
of the Revised Code do not prevail over conflicting provisions in	44603
a valid collective bargaining agreement entered into prior to the	44604
effective date of this section. However, any collective bargaining	44605
agreement entered into, renewed, or amended on or after the	44606
effective date of this section shall comply with the requirements	44607
of divisions (B)(2) to (5) of section 3313.48, as applicable, or	44608
divisions (B)(2) to (5) of section 3313.481 of the Revised Code,	44609
as applicable.	44610

Sec. 3313.53. (A) As used in this section:

44611

(1) "Licensed individual" means an individual who holds a	44612
valid educator license, certificate, or permit issued by the state	44613
board of education under section 3319.22, 3319.26, or 3319.27,	44614
~~3319.302, or 3319.304~~ of the Revised Code.	44615

(2) "Nonlicensed individual" means an individual who does not	44616
hold a valid educator license, certificate, or permit issued by	44617
the state board of education under section 3319.22, 3319.26, or	44618
3319.27~~, 3319.302, or 3319.304~~ of the Revised Code.	44619

(B) The board of education of any city, exempted village, or	44620
local school district may establish and maintain in connection	44621
with the public school systems:	44622

(1) Manual training, industrial arts, domestic science, and	44623
commercial departments;	44624

(2) Agricultural, industrial, vocational, and trades schools.

44625

Such board may pay from the public school funds, as other	44626
school expenses are paid, the expenses of establishing and	44627
maintaining such departments and schools and of directing,	44628
supervising, and coaching the pupil-activity programs in music,	44629
language, arts, speech, government, athletics, and any others	44630
directly related to the curriculum.	44631

(C) The board of education of any city, exempted village, or	44632
local school district may employ a nonlicensed individual to	44633
direct, supervise, or coach a pupil-activity program as long as	44634
that individual holds a valid pupil-activity program permit issued	44635
by the state board of education under division (A) of section	44636
3319.303 of the Revised Code.	44637

(D)(1) Except as provided in division (D)(2) of this section,	44638
a nonlicensed individual who holds a valid pupil-activity program	44639
permit may be employed under division (C) of this section only	44640
after the school district's board of education adopts a resolution	44641
stating that it has offered such position to those employees of	44642
the district who are licensed individuals and no such employee	44643
qualified to fill the position has accepted it, and has then	44644
advertised the position as available to any licensed individual	44645
who is qualified to fill it and who is not employed by the board,	44646
and no such person has applied for and accepted the position.	44647

(2) A board of education may renew the contract of any	44648
nonlicensed individual, currently employed by the board under	44649
division (C) of this section for one or more years, without first	44650
offering the position held by that individual to employees of the	44651
district who are licensed individuals or advertising the position	44652
as available to any qualified licensed individuals who are not	44653
currently employed by the board as otherwise required under	44654
division (D)(1) of this section.	44655

(E) A nonlicensed individual employed under this section is a	44656
nonteaching employee and is not an educational assistant as	44657
defined in section 3319.088 of the Revised Code. A nonlicensed	44658
individual may direct, supervise, or coach a pupil-activity	44659
program under this section as long as that pupil-activity program	44660
does not include any class or course required or offered for	44661
credit toward a pupil's promotion to the next grade or for	44662
graduation, or any activity conducted as a part of or required for	44663
such a class or course. A nonlicensed individual employed under	44664
this section may perform only the duties of the director,	44665
supervisor, or coach of the pupil-activity program for which the	44666
nonlicensed individual is employed.	44667

(F) The board shall fix the compensation of each nonlicensed	44668
individual employed under this section, which shall be the same	44669
amount as the position was or would be offered to the district's	44670
licensed employees, and execute a written contract with the	44671
nonlicensed individual for a term not to exceed one year. The	44672
contract shall specify the compensation, duration, and other terms	44673
of employment, and the compensation shall not be reduced unless	44674
such reduction is a part of a uniform plan affecting the entire	44675
district.	44676

If the state board suspends, revokes, or limits the	44677
pupil-activity program permit of a nonlicensed individual, the	44678
school district board may terminate or suspend the employment	44679
contract of that individual. Otherwise, no contract issued under	44680
this section shall be terminated or suspended except pursuant to	44681
the procedure established by division (C) of section 3319.081 of	44682
the Revised Code.	44683

Sec. 3313.532. (A) Any person twenty-two or more years of	44684
age and enrolled in an adult high school continuation program	44685
established pursuant to section 3313.531 of the Revised Code may	44686
request the board of education operating the program to conduct an	44687
evaluation in accordance with division (C) of this section.	44688

(B) Any applicant to a board of education for a diploma of	44689
adult education under division (B) of section 3313.611 of the	44690
Revised Code may request the board to conduct an evaluation in	44691
accordance with division (C) of this section.	44692

(C) Upon the request of any person pursuant to division (A)	44693
or (B) of this section, the board of education to which the	44694
request is made shall evaluate the person to determine whether the	44695
person is disabled, in accordance with rules adopted by the state	44696
board of education. If the evaluation indicates that the person is	44697
disabled, the board shall determine whether to excuse the person	44698
from taking any of the ~~tests~~assessments required by division (B)	44699
of section 3301.0710 of the Revised Code as a requirement for	44700
receiving a diploma under section 3313.611 of the Revised Code.	44701
The board may require the person to take an alternate assessment	44702
in place of any test from which the person is so excused.	44703

Sec. 3313.533. (A) The board of education of a city,	44704
exempted village, or local school district may adopt a resolution	44705
to establish and maintain an alternative school in accordance with	44706
this section. The resolution shall specify, but not necessarily be	44707
limited to, all of the following:	44708

(1) The purpose of the school, which purpose shall be to	44709
serve students who are on suspension, who are having truancy	44710
problems, who are experiencing academic failure, who have a	44711
history of class disruption, who are exhibiting other academic or	44712
behavioral problems specified in the resolution, or who have been	44713
discharged or released from the custody of the department of youth	44714
services under section 5139.51 of the Revised Code;	44715

(2) The grades served by the school, which may include any of	44716
grades kindergarten through twelve;	44717

(3) A requirement that the school be operated in accordance	44718
with this section. The board of education adopting the resolution	44719
under division (A) of this section shall be the governing board of	44720
the alternative school. The board shall develop and implement a	44721
plan for the school in accordance with the resolution establishing	44722
the school and in accordance with this section. Each plan shall	44723
include, but not necessarily be limited to, all of the following:	44724

(a) Specification of the reasons for which students will be	44725
accepted for assignment to the school and any criteria for	44726
admission that are to be used by the board to approve or	44727
disapprove the assignment of students to the school;	44728

(b) Specification of the criteria and procedures that will be	44729
used for returning students who have been assigned to the school	44730
back to the regular education program of the district;	44731

(c) An evaluation plan for assessing the effectiveness of the	44732
school and its educational program and reporting the results of	44733
the evaluation to the public.	44734

(B) Notwithstanding any provision of Title XXXIII of the	44735
Revised Code to the contrary, the alternative school plan may	44736
include any of the following:	44737

(1) A requirement that on each ~~school~~learning day students	44738
must attend school or participate in other programs specified in	44739
the plan or by the chief administrative officer of the school for	44740
a period equal to the minimum ~~school~~learning day set by the state	44741
board of education under section 3313.48 of the Revised Code plus	44742
any additional time required in the plan or by the chief	44743
administrative officer;	44744

(2) Restrictions on student participation in extracurricular	44745
or interscholastic activities;	44746

(3) A requirement that students wear uniforms prescribed by	44747
the district board of education.	44748

(C) In accordance with the alternative school plan, the	44749
district board of education may employ teachers and nonteaching	44750
employees necessary to carry out its duties and fulfill its	44751
responsibilities or may contract with a nonprofit or for profit	44752
entity to operate the alternative school, including the provision	44753
of personnel, supplies, equipment, or facilities.	44754

(D) An alternative school may be established in all or part	44755
of a school building.	44756

(E) If a district board of education elects under this	44757
section, or is required by section 3313.534 of the Revised Code,	44758
to establish an alternative school, the district board may join	44759
with the board of education of one or more other districts to form	44760
a joint alternative school by forming a cooperative education	44761
school district under section 3311.52 or 3311.521 of the Revised	44762
Code, or a joint educational program under section 3313.842 of the	44763
Revised Code. The authority to employ personnel or to contract	44764
with a nonprofit or for profit entity under division (C) of this	44765
section applies to any alternative school program established	44766
under this division.	44767

(F) Any individual employed as a teacher at an alternative	44768
school operated by a nonprofit or for profit entity under this	44769
section shall be licensed and shall be subject to background	44770
checks, as described in section 3319.39 of the Revised Code, in	44771
the same manner as an individual employed by a school district.	44772

(G) Division (G) of this section applies only to any	44773
alternative school that is operated by a nonprofit or for profit	44774
entity under contract with the school district.	44775

(1) In addition to the specifications authorized under	44776
division (B) of this section, any plan adopted under that division	44777
for an alternative school to which division (G) of this section	44778
also applies shall include the following:	44779

(a) A description of the educational program provided at the	44780
alternative school, which shall include:	44781

(i) Provisions for the school to be configured in clusters or	44782
small learning communities;	44783

(ii) Provisions for the incorporation of education technology	44784
into the curriculum;	44785

(iii) Provisions for accelerated learning programs in reading	44786
and mathematics.	44787

(b) A method to determine the reading and mathematics level	44788
of each student assigned to the alternative school and a method to	44789
continuously monitor each student's progress in those areas. The	44790
methods employed under this division shall be aligned with the	44791
curriculum adopted by the school district board of education under	44792
section 3313.60 of the Revised Code.	44793

(c) A plan for social services to be provided at the	44794
alternative school, such as, but not limited to, counseling	44795
services, psychological support services, and enrichment programs;	44796

(d) A plan for a student's transition from the alternative	44797
school back to a school operated by the school district;	44798

(e) A requirement that the alternative school maintain	44799
financial records in a manner that is compatible with the form	44800
prescribed for school districts by the auditor of state to enable	44801
the district to comply with any rules adopted by the auditor of	44802
state.	44803

(2) Notwithstanding division (A)(2) of this section, any	44804
alternative school to which division (G) of this section applies	44805
shall include only grades six through twelve.	44806

(3) Notwithstanding anything in division (A)(3)(a) of this	44807
section to the contrary, the characteristics of students who may	44808
be assigned to an alternative school to which division (G) of this	44809
section applies shall include only disruptive and low-performing	44810
students.	44811

(H) When any district board of education determines to	44812
contract with a nonprofit or for profit entity to operate an	44813
alternative school under this section, the board shall use the	44814
procedure set forth in this division.	44815

(1) The board shall publish notice of a request for proposals	44816
in a newspaper of general circulation in the district once each	44817
week for a period of at least two consecutive weeks prior to the	44818
date specified by the board for receiving proposals. Notices of	44819
requests for proposals shall contain a general description of the	44820
subject of the proposed contract and the location where the	44821
request for proposals may be obtained. The request for proposals	44822
shall include all of the following information:	44823

(a) Instructions and information to respondents concerning	44824
the submission of proposals, including the name and address of the	44825
office where proposals are to be submitted;	44826

(b) Instructions regarding communications, including at least	44827
the names, titles, and telephone numbers of persons to whom	44828
questions concerning a proposal may be directed;	44829

(c) A description of the performance criteria that will be	44830
used to evaluate whether a respondent to which a contract is	44831
awarded is meeting the district's educational standards or the	44832
method by which such performance criteria will be determined;	44833

(d) Factors and criteria to be considered in evaluating	44834
proposals, the relative importance of each factor or criterion,	44835
and a description of the evaluation procedures to be followed;	44836

(e) Any terms or conditions of the proposed contract,	44837
including any requirement for a bond and the amount of such bond;	44838

(f) Documents that may be incorporated by reference into the	44839
request for proposals, provided that the request for proposals	44840
specifies where such documents may be obtained and that such	44841
documents are readily available to all interested parties.	44842

(2) After the date specified for receiving proposals, the	44843
board shall evaluate the submitted proposals and may hold	44844
discussions with any respondent to ensure a complete understanding	44845
of the proposal and the qualifications of such respondent to	44846
execute the proposed contract. Such qualifications shall include,	44847
but are not limited to, all of the following:	44848

(a) Demonstrated competence in performance of the required	44849
services as indicated by effective implementation of educational	44850
programs in reading and mathematics and at least three years of	44851
experience successfully serving a student population similar to	44852
the student population assigned to the alternative school;	44853

(b) Demonstrated performance in the areas of cost	44854
containment, the provision of educational services of a high	44855
quality, and any other areas determined by the board;	44856

(c) Whether the respondent has the resources to undertake the	44857
operation of the alternative school and to provide qualified	44858
personnel to staff the school;	44859

(d) Financial responsibility.

44860

(3) The board shall select for further review at least three	44861
proposals from respondents the board considers qualified to	44862
operate the alternative school in the best interests of the	44863
students and the district. If fewer than three proposals are	44864
submitted, the board shall select each proposal submitted. The	44865
board may cancel a request for proposals or reject all proposals	44866
at any time prior to the execution of a contract.	44867

The board may hold discussions with any of the three selected	44868
respondents to clarify or revise the provisions of a proposal or	44869
the proposed contract to ensure complete understanding between the	44870
board and the respondent of the terms under which a contract will	44871
be entered. Respondents shall be accorded fair and equal treatment	44872
with respect to any opportunity for discussion regarding	44873
clarifications or revisions. The board may terminate or	44874
discontinue any further discussion with a respondent upon written	44875
notice.	44876

(4) Upon further review of the three proposals selected by	44877
the board, the board shall award a contract to the respondent the	44878
board considers to have the most merit, taking into consideration	44879
the scope, complexity, and nature of the services to be performed	44880
by the respondent under the contract.	44881

(5) Except as provided in division (H)(6) of this section,	44882
the request for proposals, submitted proposals, and related	44883
documents shall become public records under section 149.43 of the	44884
Revised Code after the award of the contract.	44885

(6) Any respondent may request in writing that the board not	44886
disclose confidential or proprietary information or trade secrets	44887
contained in the proposal submitted by the respondent to the	44888
board. Any such request shall be accompanied by an offer of	44889
indemnification from the respondent to the board. The board shall	44890
determine whether to agree to the request and shall inform the	44891
respondent in writing of its decision. If the board agrees to	44892
nondisclosure of specified information in a proposal, such	44893
information shall not become a public record under section 149.43	44894
of the Revised Code. If the respondent withdraws its proposal at	44895
any time prior to the execution of a contract, the proposal shall	44896
not be a public record under section 149.43 of the Revised Code.	44897

(I) Upon a recommendation from the department and in	44898
accordance with section 3301.16 of the Revised Code, the state	44899
board of education may revoke the charter of any alternative	44900
school operated by a school district that violates this section.	44901

Sec. 3313.536. (A) The board of education of each city,	44902
exempted village, and local school district and the governing	44903
authority of each chartered nonpublic school shall adopt a	44904
comprehensive school safety plan for each school building under	44905
the board's or governing authority's control. The board or	44906
governing authority shall examine the environmental conditions and	44907
operations of each building to determine potential hazards to	44908
student and staff safety and shall propose operating changes to	44909
promote the prevention of potentially dangerous problems and	44910
circumstances. In developing the plan for each building, the board	44911
or governing authority shall involve community law enforcement and	44912
safety officials, parents of students who are assigned to the	44913
building, and teachers and nonteaching employees who are assigned	44914
to the building. The board or governing authority shall consider	44915
incorporating remediation strategies into the plan for any	44916
building where documented safety problems have occurred.	44917

The board or governing authority shall incorporate into the	44918
plan both of the following:	44919

(1) A protocol for addressing serious threats to the safety	44920
of school property, students, employees, or administrators;	44921

(2) A protocol for responding to any emergency events that do	44922
occur and that compromise the safety of school property, students,	44923
employees, or administrators.	44924

Each protocol shall include procedures deemed appropriate by	44925
the board or governing authority for responding to threats and	44926
emergency events, respectively, including such things as	44927
notification of appropriate law enforcement personnel, calling	44928
upon specified emergency response personnel for assistance, and	44929
informing parents of affected students. Prior to the opening day	44930
of each school year, the board or governing authority shall inform	44931
each student enrolled in the school and the student's parent of	44932
the parental notification procedures included in the protocol.	44933

(B) The board or governing authority shall update the safety	44934
plan at least once every three years and whenever a major	44935
modification to the building requires changes in the procedures	44936
outlined in the plan.	44937

(C) The board or governing authority shall file a copy of the	44938
current safety plan and building blueprint with each law	44939
enforcement agency that has jurisdiction over the school building	44940
and, upon request, the fire department that serves the political	44941
subdivision in which the school building is located. The board or	44942
governing authority also shall file a copy of the current safety	44943
plan and a floor plan of the building, but not a building	44944
blueprint, with the attorney general, who shall post that	44945
information on the Ohio law enforcement gateway or its successor.	44946

Copies of safety plans, building blueprints, and floor plans	44947
shall be filed as described in this division not later than the	44948
ninety-first day after ~~the effective date of this amendment~~March	44949
30, 2007. If a board or governing authority revises a safety plan,	44950
building blueprint, or floor plan after the initial filing, the	44951
board or governing authority shall file copies of the revised	44952
safety plan, building blueprint, or floor plan in the manner	44953
described in this division not later than the ninety-first day	44954
after the revision is adopted.	44955

Copies of the safety plan and building blueprint are not a	44956
public record pursuant to section 149.433 of the Revised Code.	44957

Notwithstanding section 149.433 of the Revised Code, a	44958
building floor plan filed with the attorney general pursuant to	44959
this division is not a public record to the extent it is a record	44960
kept by the attorney general. This paragraph does not affect the	44961
status of a floor plan kept as a record by another public office.	44962

The board or governing authority, each law enforcement agency	44963
and fire department to which copies of the safety plan and	44964
building blueprint are provided, and the attorney general shall	44965
keep the copies in a secure place.	44966

(D) The board or governing authority shall grant access to	44967
each school building under its control to law enforcement	44968
personnel to enable the personnel to hold training sessions for	44969
responding to threats and emergency events affecting the building,	44970
provided that the access occurs outside of student instructional	44971
hours and an employee of the board or governing authority is	44972
present in the building during the training sessions.	44973

Sec. 3313.55. The board of education of any school district	44974
in which is located a state, district, county, or municipal	44975
hospital for children with epilepsy or any public institution,	44976
except state institutions for the care and treatment of	44977
delinquent, unstable, or socially maladjusted children, shall make	44978
provision for the education of all educable children therein;	44979
except that in the event another school district within the same	44980
county or an adjoining county is the source of sixty per cent or	44981
more of the children in said hospital or institution, the board of	44982
that school district shall make provision for the education of all	44983
the children therein. In any case in which a board provides	44984
educational facilities under this section, the board that provides	44985
the facilities shall be entitled to all moneys authorized for the	44986
attendance of pupils as provided in Chapter 3306. or 3317. of the	44987
Revised Code, tuition as provided in section 3317.08 of the	44988
Revised Code, and such additional compensation as is provided for	44989
crippled children in sections 3323.01 to 3323.12 of the Revised	44990
Code. Any board that provides the educational facilities for	44991
children in county or municipal institutions established for the	44992
care and treatment of children who are delinquent, unstable, or	44993
socially maladjusted shall not be entitled to any moneys provided	44994
for crippled children in sections 3323.01 to 3323.12 of the	44995
Revised Code.	44996

Sec. 3313.60. Notwithstanding division (D) of section	44997
3311.52 of the Revised Code, divisions (A) to (E) of this section	44998
do not apply to any cooperative education school district	44999
established pursuant to divisions (A) to (C) of section 3311.52 of	45000
the Revised Code.	45001

(A) The board of education of each city and exempted village	45002
school district, the governing board of each educational service	45003
center, and the board of each cooperative education school	45004
district established pursuant to section 3311.521 of the Revised	45005
Code shall prescribe a curriculum for all schools under their	45006
control. Except as provided in division (E) of this section, in	45007
any such curriculum there shall be included the study of the	45008
following subjects:	45009

(1) The language arts, including reading, writing, spelling,	45010
oral and written English, and literature;	45011

(2) Geography, the history of the United States and of Ohio,	45012
and national, state, and local government in the United States,	45013
including a balanced presentation of the relevant contributions to	45014
society of men and women of African, Mexican, Puerto Rican, and	45015
American Indian descent as well as other ethnic and racial groups	45016
in Ohio and the United States;	45017

(3) Mathematics;

45018

(4) Natural science, including instruction in the	45019
conservation of natural resources;	45020

(5) Health education, which shall include instruction in:

45021

(a) The nutritive value of foods, including natural and	45022
organically produced foods, the relation of nutrition to health,	45023
the use and effects of food additives;	45024

(b) The harmful effects of and legal restrictions against the	45025
use of drugs of abuse, alcoholic beverages, and tobacco;	45026

(c) Venereal disease education, except that upon written	45027
request of the student's parent or guardian, a student shall be	45028
excused from taking instruction in venereal disease education;	45029

(d) In grades kindergarten through six, instruction in	45030
personal safety and assault prevention, except that upon written	45031
request of the student's parent or guardian, a student shall be	45032
excused from taking instruction in personal safety and assault	45033
prevention.	45034

(6) Physical education;

45035

(7) The fine arts, including music;

45036

(8) First aid, including a training program in	45037
cardiopulmonary resuscitation, safety, and fire prevention, except	45038
that upon written request of the student's parent or guardian, a	45039
student shall be excused from taking instruction in	45040
cardiopulmonary resuscitation;	45041

(9) In grade seven or eight, life and career-ready skills,	45042
including financial literacy, entrepreneurship, career planning	45043
and awareness, and any other skills identified by the	45044
superintendent of public instruction. The state superintendent	45045
shall issue program guidance and guidelines to assist with the	45046
implementation of division (A)(9) of this section.	45047

(B) Except as provided in division (E) of this section, every	45048
school or school district shall include in the requirements for	45049
promotion from the eighth grade to the ninth grade one year's	45050
course of study of American history. A board may waive this	45051
requirement for academically accelerated students who, in	45052
accordance with procedures adopted by the board, are able to	45053
demonstrate mastery of essential concepts and skills of the	45054
eighth grade American history course of study.	45055

(C) Except as provided in division (E) of this section, every	45056
high school shall include in the requirements for graduation from	45057
any curriculum one unit of American history and government,	45058
including a study of the constitutions of the United States and of	45059
Ohio.	45060

(D) Except as provided in division (E) of this section, basic	45061
instruction in geography, United States history, the government of	45062
the United States, the government of the state of Ohio, local	45063
government in Ohio, the Declaration of Independence, the United	45064
States Constitution, and the Constitution of the state of Ohio	45065
shall be required before pupils may participate in courses	45066
involving the study of social problems, economics, foreign	45067
affairs, United Nations, world government, socialism and	45068
communism.	45069

(E) For each cooperative education school district	45070
established pursuant to section 3311.521 of the Revised Code and	45071
each city, exempted village, and local school district that has	45072
territory within such a cooperative district, the curriculum	45073
adopted pursuant to divisions (A) to (D) of this section shall	45074
only include the study of the subjects that apply to the grades	45075
operated by each such school district. The curriculums for such	45076
schools, when combined, shall provide to each student of these	45077
districts all of the subjects required under divisions (A) to (D)	45078
of this section.	45079

(F) The board of education of any cooperative education	45080
school district established pursuant to divisions (A) to (C) of	45081
section 3311.52 of the Revised Code shall prescribe a curriculum	45082
for the subject areas and grade levels offered in any school under	45083
its control.	45084

(G) Upon the request of any parent or legal guardian of a	45085
student, the board of education of any school district shall	45086
permit the parent or guardian to promptly examine, with respect to	45087
the parent's or guardian's own child:	45088

(1) Any survey or questionnaire, prior to its administration	45089
to the child;	45090

(2) Any textbook, workbook, software, video, or other	45091
instructional materials being used by the district in connection	45092
with the instruction of the child;	45093

(3) Any completed and graded test taken or survey or	45094
questionnaire filled out by the child;	45095

(4) Copies of the statewide academic standards and each model	45096
curriculum developed pursuant to section 3301.079 of the Revised	45097
Code, which copies shall be available at all times during school	45098
hours in each district school building.	45099

Sec. 3313.603. (A) As used in this section:

45100

(1) "One unit" means a minimum of one hundred twenty hours of	45101
course instruction, except that for a laboratory course, "one	45102
unit" means a minimum of one hundred fifty hours of course	45103
instruction.	45104

(2) "One-half unit" means a minimum of sixty hours of course	45105
instruction, except that for physical education courses, "one-half	45106
unit" means a minimum of one hundred twenty hours of course	45107
instruction.	45108

(B) Beginning September 15, 2001, except as required in	45109
division (C) of this section and division (C) of section 3313.614	45110
of the Revised Code, the requirements for graduation from every	45111
high school shall include twenty units earned in grades nine	45112
through twelve and shall be distributed as follows:	45113

(1) English language arts, four units;

45114

(2) Health, one-half unit;

45115

(3) Mathematics, three units;

45116

(4) Physical education, one-half unit;

45117

(5) Science, two units until September 15, 2003, and three	45118
units thereafter, which at all times shall include both of the	45119
following:	45120

(a) Biological sciences, one unit;

45121

(b) Physical sciences, one unit.

45122

(6) Social studies, three units, which shall include both of	45123
the following:	45124

(a) American history, one-half unit;

45125

(b) American government, one-half unit.

45126

(7) Elective units, seven units until September 15, 2003, and	45127
six units thereafter.	45128

Each student's electives shall include at least one unit, or	45129
two half units, chosen from among the areas of	45130
business/technology, fine arts, and/or foreign language.	45131

(C) Beginning with students who enter ninth grade for the	45132
first time on or after July 1, 2010, except as provided in	45133
divisions (D) to (F) of this section, the requirements for	45134
graduation from every public and chartered nonpublic high school	45135
shall include twenty units that are designed to prepare students	45136
for the workforce and college. The units shall be distributed as	45137
follows:	45138

(1) English language arts, four units;

45139

(2) Health, one-half unit;

45140

(3) Mathematics, four units, which shall include one unit of	45141
algebra II or the equivalent of algebra II;	45142

(4) Physical education, one-half unit;

45143

(5) Science, three units with inquiry-based laboratory	45144
experience that engages students in asking valid scientific	45145
questions and gathering and analyzing information, which shall	45146
include the following, or their equivalent:	45147

(a) Physical sciences, one unit;

45148

(b) Life sciences, one unit;

45149

(c) Advanced study in one or more of the following sciences,	45150
one unit:	45151

(i) Chemistry, physics, or other physical science;

45152

(ii) Advanced biology or other life science;

45153

(iii) Astronomy, physical geology, or other earth or space	45154
science.	45155

(6) Social studies, three units, which shall include both of	45156
the following:	45157

(a) American history, one-half unit;

45158

(b) American government, one-half unit.

45159

Each school shall integrate the study of economics and	45160
financial literacy, as expressed in the social studies academic	45161
content standards adopted by the state board of education under	45162
division (A)(1) of section 3301.079 of the Revised Code and the	45163
academic content standards for financial literacy and	45164
entrepreneurship adopted under division (A)(2) of that section,	45165
into one or more existing social studies credits required under	45166
division (C)(6) of this section, or into the content of another	45167
class, so that every high school student receives instruction in	45168
those concepts. In developing the curriculum required by this	45169
paragraph, schools shall use available public-private	45170
partnerships and resources and materials that exist in business,	45171
industry, and through the centers for economics education at	45172
institutions of higher education in the state.	45173

(7) Five units consisting of one or any combination of	45174
foreign language, fine arts, business, career-technical education,	45175
family and consumer sciences, technology, agricultural education,	45176
or English language arts, mathematics, science, or social studies	45177
courses not otherwise required under division (C) of this section.	45178

Ohioans must be prepared to apply increased knowledge and	45179
skills in the workplace and to adapt their knowledge and skills	45180
quickly to meet the rapidly changing conditions of the	45181
twenty-first century. National studies indicate that all high	45182
school graduates need the same academic foundation, regardless of	45183
the opportunities they pursue after graduation. The goal of Ohio's	45184
system of elementary and secondary education is to prepare all	45185
students for and seamlessly connect all students to success in	45186
life beyond high school graduation, regardless of whether the next	45187
step is entering the workforce, beginning an apprenticeship,	45188
engaging in post-secondary training, serving in the military, or	45189
pursuing a college degree.	45190

The Ohio core curriculum is the standard expectation for all	45191
students entering ninth grade for the first time at a public or	45192
chartered nonpublic high school on or after July 1, 2010. A	45193
student may satisfy this expectation through a variety of methods,	45194
including, but not limited to, integrated, applied,	45195
career-technical, and traditional coursework.	45196

Whereas teacher quality is essential for student success in	45197
completing the Ohio core curriculum, the general assembly shall	45198
appropriate funds for strategic initiatives designed to strengthen	45199
schools' capacities to hire and retain highly qualified teachers	45200
in the subject areas required by the curriculum. Such initiatives	45201
are expected to require an investment of $120,000,000 over five	45202
years.	45203

Stronger coordination between high schools and institutions	45204
of higher education is necessary to prepare students for more	45205
challenging academic endeavors and to lessen the need for academic	45206
remediation in college, thereby reducing the costs of higher	45207
education for Ohio's students, families, and the state. The state	45208
board of education, the Ohio board of regents, and the partnership	45209
for continued learning shall develop policies to ensure that only	45210
in rare instances will students who complete the Ohio core	45211
curriculum require academic remediation after high school.	45212

School districts, community schools, and chartered nonpublic	45213
schools shall integrate technology into learning experiences	45214
whenever practicable across the curriculum in order to maximize	45215
efficiency, enhance learning, and prepare students for success in	45216
the technology-driven twenty-first century. Districts and schools	45217
may use distance and web-based course delivery as a method of	45218
providing or augmenting all instruction required under this	45219
division, including laboratory experience in science. Districts	45220
and schools shall whenever practicable utilize technology access	45221
and electronic learning opportunities provided by the eTech Ohio	45222
commission, the Ohio learning network, education technology	45223
centers, public television stations, and other public and private	45224
providers.	45225

(D) Except as provided in division (E) of this section, a	45226
student who enters ninth grade on or after July 1, 2010, and	45227
before July 1, 2014, may qualify for graduation from a public or	45228
chartered nonpublic high school even though the student has not	45229
completed the Ohio core curriculum prescribed in division (C) of	45230
this section if all of the following conditions are satisfied:	45231

(1) After the student has attended high school for two years,	45232
as determined by the school, the student and the student's parent,	45233
guardian, or custodian sign and file with the school a written	45234
statement asserting the parent's, guardian's, or custodian's	45235
consent to the student's graduating without completing the Ohio	45236
core curriculum and acknowledging that one consequence of not	45237
completing the Ohio core curriculum is ineligibility to enroll in	45238
most state universities in Ohio without further coursework.	45239

(2) The student and parent, guardian, or custodian fulfill	45240
any procedural requirements the school stipulates to ensure the	45241
student's and parent's, guardian's, or custodian's informed	45242
consent and to facilitate orderly filing of statements under	45243
division (D)(1) of this section.	45244

(3) The student and the student's parent, guardian, or	45245
custodian and a representative of the student's high school	45246
jointly develop an individual career plan for the student that	45247
specifies the student matriculating to a two-year degree program,	45248
acquiring a business and industry credential, or entering an	45249
apprenticeship.	45250

(4) The student's high school provides counseling and support	45251
for the student related to the plan developed under division	45252
(D)(3) of this section during the remainder of the student's high	45253
school experience.	45254

(5) The student successfully completes, at a minimum, the	45255
curriculum prescribed in division (B) of this section.	45256

The partnership for continued learning, in collaboration with	45257
the department of education and the Ohio board of regents, shall	45258
analyze student performance data to determine if there are	45259
mitigating factors that warrant extending the exception permitted	45260
by division (D) of this section to high school classes beyond	45261
those entering ninth grade before July 1, 2014. The partnership	45262
shall submit its findings and any recommendations not later than	45263
August 1, 2014, to the speaker and minority leader of the house of	45264
representatives, the president and minority leader of the senate,	45265
the chairpersons and ranking minority members of the standing	45266
committees of the house of representatives and the senate that	45267
consider education legislation, the state board of education, and	45268
the superintendent of public instruction.	45269

(E) Each school district and chartered nonpublic school	45270
retains the authority to require an even more rigorous minimum	45271
curriculum for high school graduation than specified in division	45272
(B) or (C) of this section. A school district board of education,	45273
through the adoption of a resolution, or the governing authority	45274
of a chartered nonpublic school may stipulate any of the	45275
following:	45276

(1) A minimum high school curriculum that requires more than	45277
twenty units of academic credit to graduate;	45278

(2) An exception to the district's or school's minimum high	45279
school curriculum that is comparable to the exception provided in	45280
division (D) of this section but with additional requirements,	45281
which may include a requirement that the student successfully	45282
complete more than the minimum curriculum prescribed in division	45283
(B) of this section;	45284

(3) That no exception comparable to that provided in division	45285
(D) of this section is available.	45286

(F) A student enrolled in a dropout prevention and recovery	45287
program, which program has received a waiver from the department	45288
of education, may qualify for graduation from high school by	45289
successfully completing a competency-based instructional program	45290
administered by the dropout prevention and recovery program in	45291
lieu of completing the Ohio core curriculum prescribed in division	45292
(C) of this section. The department shall grant a waiver to a	45293
dropout prevention and recovery program, within sixty days after	45294
the program applies for the waiver, if the program meets all of	45295
the following conditions:	45296

(1) The program serves only students not younger than sixteen	45297
years of age and not older than twenty-one years of age.	45298

(2) The program enrolls students who, at the time of their	45299
initial enrollment, either, or both, are at least one grade level	45300
behind their cohort age groups or experience crises that	45301
significantly interfere with their academic progress such that	45302
they are prevented from continuing their traditional programs.	45303

(3) The program requires students to attain at least the	45304
applicable score designated for each of the ~~tests~~assessments	45305
prescribed under division (B)(1) of section 3301.0710 of the	45306
Revised Code or, to the extent prescribed by rule of the state	45307
board of education under division (E)(6) of section 3301.0712 of	45308
the Revised Code, division (B)(2) of that section.	45309

(4) The program develops an individual career plan for the	45310
student that specifies the student's matriculating to a two-year	45311
degree program, acquiring a business and industry credential, or	45312
entering an apprenticeship.	45313

(5) The program provides counseling and support for the	45314
student related to the plan developed under division (F)(4) of	45315
this section during the remainder of the student's high school	45316
experience.	45317

(6) The program requires the student and the student's	45318
parent, guardian, or custodian to sign and file, in accordance	45319
with procedural requirements stipulated by the program, a written	45320
statement asserting the parent's, guardian's, or custodian's	45321
consent to the student's graduating without completing the Ohio	45322
core curriculum and acknowledging that one consequence of not	45323
completing the Ohio core curriculum is ineligibility to enroll in	45324
most state universities in Ohio without further coursework.	45325

(7) Prior to receiving the waiver, the program has submitted	45326
to the department an instructional plan that demonstrates how the	45327
academic content standards adopted by the state board of education	45328
under section 3301.079 of the Revised Code will be taught and	45329
assessed.	45330

If the department does not act either to grant the waiver or	45331
to reject the program application for the waiver within sixty days	45332
as required under this section, the waiver shall be considered to	45333
be granted.	45334

(G) Every high school may permit students below the ninth	45335
grade to take advanced work ~~for~~. If a high school so permits, it	45336
shall award high school credit~~. A high school~~for successful	45337
completion of the advanced work and shall count such advanced work	45338
toward the graduation requirements of division (B) or (C) of this	45339
section if the advanced work was both:	45340

(1) Taught by a person who possesses a license or certificate	45341
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	45342
Code that is valid for teaching high school;	45343

(2) Designated by the board of education of the city, local,	45344
or exempted village school district, the board of the cooperative	45345
education school district, or the governing authority of the	45346
chartered nonpublic school as meeting the high school curriculum	45347
requirements.	45348

Each high school shall record on the student's high school	45349
transcript all high school credit awarded under division (G) of	45350
this section. In addition, if the student completed a seventh- or	45351
eighth-grade fine arts course described in division (K) of this	45352
section and the course qualified for high school credit under that	45353
division, the high school shall record that course on the	45354
student's high school transcript.	45355

(H) The department shall make its individual academic career	45356
plan available through its Ohio career information system web site	45357
for districts and schools to use as a tool for communicating with	45358
and providing guidance to students and families in selecting high	45359
school courses.	45360

(I) Units earned in English language arts, mathematics,	45361
science, and social studies that are delivered through integrated	45362
academic and career-technical instruction are eligible to meet the	45363
graduation requirements of division (B) or (C) of this section.	45364

(J) The state board of education, in consultation with the	45365
Ohio board of regents and the partnership for continued learning,	45366
shall adopt a statewide plan implementing methods for students to	45367
earn units of high school credit based on a demonstration of	45368
subject area competency, instead of or in combination with	45369
completing hours of classroom instruction. The state board shall	45370
adopt the plan not later than March 31, 2009, and commence phasing	45371
in the plan during the 2009-2010 school year. The plan shall	45372
include a standard method for recording demonstrated proficiency	45373
on high school transcripts. Each school district, community	45374
school, and chartered nonpublic school shall comply with the state	45375
board's plan adopted under this division and award units of high	45376
school credit in accordance with the plan. The state board may	45377
adopt existing methods for earning high school credit based on a	45378
demonstration of subject area competency as necessary prior to the	45379
2009-2010 school year.	45380

(K) This division does not apply to students who qualify for	45381
graduation from high school under division (D) or (F) of this	45382
section, or to students pursuing a career-technical instructional	45383
track as determined by the school district board of education or	45384
the chartered nonpublic school's governing authority.	45385
Nevertheless, the general assembly encourages such students to	45386
consider enrolling in a fine arts course as an elective.	45387

Beginning with students who enter ninth grade for the first	45388
time on or after July 1, 2010, each student enrolled in a public	45389
or chartered nonpublic high school shall complete two semesters or	45390
the equivalent of fine arts to graduate from high school. The	45391
coursework may be completed in any of grades seven to twelve. Each	45392
student who completes a fine arts course in grade seven or eight	45393
may elect to count that course toward the five units of electives	45394
required for graduation under division (C)(7) of this section, if	45395
the course satisfied the requirements of division (G) of this	45396
section. In that case, the high school shall award the student	45397
high school credit for the course and count the course toward the	45398
five units required under division (C)(7) of this section. If the	45399
course in grade seven or eight did not satisfy the requirements of	45400
division (G) of this section, the high school shall not award the	45401
student high school credit for the course but shall count the	45402
course toward the two semesters or the equivalent of fine arts	45403
required by this division.	45404

(L) Notwithstanding anything to the contrary in this section,	45405
the board of education of each school district and the governing	45406
authority of each chartered nonpublic school may adopt a policy to	45407
excuse from the high school physical education requirement each	45408
student who, during high school, has participated in	45409
interscholastic athletics, marching band, or cheerleading for at	45410
least two full seasons. If the board or authority adopts such a	45411
policy, the board or authority shall not require the student to	45412
complete any physical education course as a condition to graduate.	45413
However, the student shall be required to complete one-half unit,	45414
consisting of at least sixty hours of instruction, in another	45415
course of study.	45416

Sec. 3313.605. (A) As used in this section:

45417

(1) "Civic responsibility" means the patriotic and ethical	45418
duties of all citizens to take an active role in society and to	45419
consider the interests and concerns of other individuals in the	45420
community.	45421

(2) "Volunteerism" means nonprofit activity in the United	45422
States, the benefits and limitations of nonprofit activities, and	45423
the presence and function of nonprofit civic and charitable	45424
organizations in the United States.	45425

(3) "Community service" means a service performed through	45426
educational institutions, government agencies, nonprofit	45427
organizations, social service agencies, and philanthropies and	45428
generally designed to provide direct experience with people or	45429
project planning, with the goal of improving the quality of life	45430
for the community. Such activities may include but are not limited	45431
to tutoring, literacy training, neighborhood improvement,	45432
encouraging interracial and multicultural understanding, promoting	45433
ideals of patriotism, increasing environmental safety, assisting	45434
the elderly or disabled, and providing mental health care,	45435
housing, drug abuse prevention programs, and other philanthropic	45436
programs, particularly for disadvantaged or low-income persons.	45437

(B) ~~Any~~The board of education of each city, local, exempted	45438
village, orand joint vocational school district ~~board of~~	45439
~~education may~~, the governing authority of each community school	45440
established under Chapter 3314. of the Revised Code, and the	45441
governing body of each STEM school established under Chapter 3326.	45442
of the Revised Code shall include community service education in	45443
~~the~~its educational program ~~of the district by adopting a~~	45444
~~resolution to that effect~~. A governing board of an educational	45445
service center, upon the request of a local school district board	45446
of education, may provide a community service education program	45447
for the local district pursuant to this section. ~~Any board~~In	45448
implementing community service education, each board, governing	45449
authority, or governing body shall do both of the following:	45450

(1) Establish a community service advisory committee. The	45451
committee shall provide recommendations to the board, governing	45452
authority, or governing body regarding a community service plan	45453
for students ~~in all grades of the schools under control of the~~	45454
~~board~~ and shall oversee and assist in the implementation of the	45455
plan adopted by the board, governing authority, or governing body	45456
under division (B)(2) of this section. Each board, governing	45457
authority, or governing body shall determine the membership and	45458
organization of its advisory committee and may designate an	45459
existing committee established for another purpose to serve as the	45460
community service advisory committee; however, each such	45461
committee shall include two or more students and shall include or	45462
consult with at least one person employed in the field of	45463
volunteer management who devotes at least fifty per cent of	45464
employment hours to coordinating volunteerism among community	45465
organizations. The committee members may include representatives	45466
of parents, teachers, administrators, other educational	45467
institutions, business, government, nonprofit organizations,	45468
veterans organizations, social service agencies, religious	45469
organizations, and philanthropies.	45470

(2) Develop and implement a community service plan ~~for~~	45471
~~students in all grades of the schools under control of the board~~.	45472
To assist in establishing its plan, the board, governing	45473
authority, or governing body shall consult with and may contract	45474
with one or more local or regional organizations with experience	45475
in volunteer program development and management. Each community	45476
service plan adopted under this division shall be based upon the	45477
recommendations of the advisory committee and shall provide for	45478
all of the following:	45479

(a) Education of students in the value of community service	45480
and its contributions to the history of this state and this	45481
nation;	45482

(b) Identification of opportunities for students to provide	45483
community service;	45484

45485

(d) Integration of community service opportunities into the	45486
curriculum;	45487

(e) Guidelines for the community service learning project	45488
prescribed by division (B)(2) of section 3301.0710 and section	45489
3301.0712 of the Revised Code, consistent with the scoring rubric	45490
developed for such project under section 3301.0712 of the Revised	45491
Code;	45492

(f) A community service instructional program for teachers,	45493
including strategies for the teaching of community service	45494
education, for the discovery of community service opportunities,	45495
and for the motivation of students to become involved in community	45496
service.	45497

Plans shall be reviewed periodically by the advisory	45498
committee and, if necessary, revised by the board, governing	45499
authority, or governing body at least once every five years.	45500

~~Plans shall emphasize community service opportunities that~~	45501
~~can most effectively use the skills of students, such as tutoring~~	45502
~~or literacy programs.~~ Plans shall provide for students to perform	45503
services under the plan that will not supplant the hiring of,	45504
result in the displacement of, or impair any existing employment	45505
contract of any particular employee of any private or governmental	45506
entity for which the services are performed. The plan shall	45507
provide for any entity utilizing a student to perform community	45508
service under the plan to verify to the board that the student	45509
does not supplant the hiring of, displace, or impair the	45510
employment contract of any particular employee of the entity.	45511

Upon adoption, a board, governing authority, or governing	45512
body shall submit a copy of its plan to the department of	45513
education. Each city and exempted village board of education and	45514
each governing board of a service center shall include a copy of	45515
its plan in any course of study adopted under section 3313.60 of	45516
the Revised Code that is required to be submitted for approval to	45517
the state board for review. A joint vocational school district	45518
board of education shall submit a copy of its plan to the state	45519
board for review when required to do so by the state board. A	45520
local board shall forward its plan to the educational service	45521
center governing board for inclusion in the governing board's	45522
course of study. ~~By December 1, 1992, and periodically thereafter,~~	45523
~~the~~The department ~~of education~~periodically shall review all	45524
plans and publish those plans that could serve as models for other	45525
school districts or, educational service centers, community	45526
schools, or STEM schools.	45527

(C) AUnder this section, a board ~~integrating community~~	45528
~~service education into the curriculum~~, governing authority, or	45529
governing body may only grant high school credit for a community	45530
service education course if approximately half of the course is	45531
devoted to classroom study of such matters as civic	45532
responsibility, the history of volunteerism, and community service	45533
training and approximately half of the course is devoted to	45534
community service.	45535

Each board, governing authority, or governing body shall	45536
determine which specific activities will serve to fulfill the	45537
required hours of community service.	45538

(D) Each board, governing authority, or governing body shall	45539
use the rubric developed under section 3301.0712 of the Revised	45540
Code to determine whether the community service project required	45541
as a part of the high school assessment system meets the criteria	45542
for high school graduation.	45543

Sec. 3313.607. (A) The board of education of ~~any~~each school	45544
district ~~may provide assistance to any student to~~, the governing	45545
authority of each community school operating under Chapter 3314.	45546
of the Revised Code, and the governing body of each STEM school	45547
operating under Chapter 3326. of the Revised Code shall require	45548
all students to develop a written career and college plan as part	45549
of the course required by division (A)(9) of section 3313.60 of	45550
the Revised Code. ~~If a school district receives any state money~~	45551
~~appropriated for the purposes of this section, career~~Career and	45552
college plans ~~developed utilizing these funds~~ shall be completed	45553
prior to the end of the eighth grade year, shall identify career	45554
goals and indicate educational goals to prepare for those career	45555
goals, and shall be updated periodically as students successfully	45556
complete high school coursework~~, and shall~~. Career and college	45557
plans may culminate in a career passport described by division (B)	45558
of this section.	45559

(B) The board of education of any school district, the	45560
governing authority of a community school, or the governing body	45561
of a STEM school may provide an individual career passport to any	45562
student upon the successful completion of the coursework of any	45563
high school. If a school district, governing authority, or	45564
governing body receives any state money for the purposes of this	45565
section, a career passport shall be provided to each such student.	45566
Each such passport shall document the knowledge and skills of the	45567
student, including documentation of the student's coursework and	45568
any employment, community, or leadership experiences. Each such	45569
passport shall also list the competency levels the student	45570
achieved, disclose the student's attendance record, and identify	45571
the career credentials the student gained.	45572

Sec. 3313.608. (A) Beginning with students who enter third	45573
grade in the school year that starts July 1, ~~2003~~2009, for any	45574
student who attains a score in the range designated under division	45575
(A)(2)~~(e)~~(c) of section 3301.0710 of the Revised Code on the ~~test~~	45576
assessment prescribed under that section to measure skill in	45577
~~reading~~English language arts expected at the end of third grade,	45578
each school district, in accordance with the policy adopted under	45579
section 3313.609 of the Revised Code, shall do one of the	45580
following:	45581

(1) Promote the student to fourth grade if the student's	45582
principal and reading teacher agree that other evaluations of the	45583
student's skill in reading demonstrate that the student is	45584
academically prepared to be promoted to fourth grade;	45585

(2) Promote the student to fourth grade but provide the	45586
student with intensive intervention services in fourth grade;	45587

(3) Retain the student in third grade.

45588

(B)(1) To assist students in meeting this third grade	45589
guarantee established by this section, each school district shall	45590
adopt policies and procedures with which it shall annually assess	45591
the reading skills of each student at the end of first and second	45592
grade and identify students who are reading below their grade	45593
level. If the diagnostic assessment to measure ~~reading~~English	45594
language arts ability for the appropriate grade level has been	45595
developed in accordance with division (D)(1) of section 3301.079	45596
of the Revised Code, each school district shall use such	45597
diagnostic assessment to identify such students, except that any	45598
district to which division (E) of section 3301.0715 of the	45599
Revised Code applies may use another assessment to identify such	45600
students. The policies and procedures shall require the students'	45601
classroom teachers to be involved in the assessment and the	45602
identification of students reading below grade level. The	45603
district shall notify the parent or guardian of each student whose	45604
reading skills are below grade level and, in accordance with	45605
division (C) of this section, provide intervention services to	45606
each student reading below grade level. Such intervention	45607
services shall include instruction in intensive, systematic	45608
phonetics pursuant to rules adopted by the state board of	45609
education.	45610

(2) For each student entering third grade after July 1, ~~2003~~	45611
2009, who does not attain by the end of the third grade at least a	45612
score in the range designated under division (A)(2)~~(c)~~(b) of	45613
section 3301.0710 of the Revised Code on the ~~test~~assessment	45614
prescribed under that section to measure skill in ~~reading~~English	45615
language arts expected at the end of third grade, the district	45616
also shall offer intense remediation services during the summer	45617
following third grade.	45618

(C) For each student required to be offered intervention	45619
services under this section, the district shall involve the	45620
student's parent or guardian and classroom teacher in developing	45621
the intervention strategy, and shall offer to the parent or	45622
guardian the opportunity to be involved in the intervention	45623
services.	45624

(D) Any summer remediation services funded in whole or in	45625
part by the state and offered by school districts to students	45626
under this section shall meet the following conditions:	45627

(1) The remediation methods are based on reliable educational	45628
research.	45629

(2) The school districts conduct ~~testing~~assessment before	45630
and after students participate in the program to facilitate	45631
monitoring results of the remediation services.	45632

(3) The parents of participating students are involved in	45633
programming decisions.	45634

(4) The services are conducted in a school building or	45635
community center and not on an at-home basis.	45636

(E) This section does not create a new cause of action or a	45637
substantive legal right for any person.	45638

Sec. 3313.61. (A) A diploma shall be granted by the board of	45639
education of any city, exempted village, or local school district	45640
that operates a high school to any person to whom all of the	45641
following apply:	45642

(1) The person has successfully completed the curriculum in	45643
any high school or the individualized education program developed	45644
for the person by any high school pursuant to section 3323.08 of	45645
the Revised Code, or has qualified under division (D) or (F) of	45646
section 3313.603 of the Revised Code, provided that no school	45647
district shall require a student to remain in school for any	45648
specific number of semesters or other terms if the student	45649
completes the required curriculum early;	45650

(2) Subject to section 3313.614 of the Revised Code, the	45651
person has met the assessment requirements of division (A)(2)(a)	45652
or (b) of this section, as applicable.	45653

(a) If the person entered the ninth grade prior to the date	45654
prescribed by rule of the state board of education under division	45655
(E)(2) of section 3301.0712 of the Revised Code, the person	45656
either:	45657

~~(a)~~(i) Has attained at least the applicable scores designated	45658
under division (B)(1) of section 3301.0710 of the Revised Code on	45659
all the ~~tests~~assessments required by that division unless the	45660
person was excused from taking any such ~~test~~assessment pursuant	45661
to section 3313.532 of the Revised Code or unless division (H) or	45662
(L) of this section applies to the person;	45663

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	45664
in section 3313.615 of the Revised Code.	45665

(b) If the person entered the ninth grade on or after the	45666
date prescribed by rule of the state board under division (E)(2)	45667
of section 3301.0712 of the Revised Code, the person has	45668
attained on the entire assessment system prescribed under	45669
division (B)(2) of section 3301.0710 of the Revised Code at	45670
least the required passing composite score, designated under	45671
division (C)(1) of section 3301.0712 of the Revised Code, except	45672
to the extent that the person is excused from some portion of	45673
that assessment system pursuant to section 3313.532 of the	45674
Revised Code or division (H) or (L) of this section.	45675

(3) The person is not eligible to receive an honors diploma	45676
granted pursuant to division (B) of this section.	45677

Except as provided in divisions (C), (E), (J), and (L) of	45678
this section, no diploma shall be granted under this division to	45679
anyone except as provided under this division.	45680

(B) In lieu of a diploma granted under division (A) of this	45681
section, an honors diploma shall be granted, in accordance with	45682
rules of the state board ~~of education~~, by any such district board	45683
to anyone who accomplishes all of the following:	45684

(1) Successfully completes the curriculum in any high school	45685
or the individualized education program developed for the person	45686
by any high school pursuant to section 3323.08 of the Revised	45687
Code;	45688

(2) Subject to section 3313.614 of the Revised Code, has met	45689
the assessment requirements of division (B)(2)(a) or (b) of this	45690
section, as applicable.	45691

(a) If the person entered the ninth grade prior to the date	45692
prescribed by rule of the state board of education under division	45693
(E)(2) of section 3301.0712 of the Revised Code, the person	45694
either:	45695

~~(a)~~(i) Has attained at least the applicable scores designated	45696
under division (B)(1) of section 3301.0710 of the Revised Code on	45697
all the ~~tests~~assessments required by that division;	45698

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	45699
in section 3313.615 of the Revised Code.	45700

(b) If the person entered the ninth grade on or after the	45701
date prescribed by rule of the state board under division (E)(2)	45702
of section 3301.0712 of the Revised Code, the person has attained	45703
on the entire assessment system prescribed under division (B)(2)	45704
of section 3301.0710 of the Revised Code at least the required	45705
passing composite score, designated under division (C)(1) of	45706
section 3301.0712 of the Revised Code.	45707

(3) Has met additional criteria established by the state	45708
board for the granting of such a diploma.	45709

An honors diploma shall not be granted to a student who is	45710
subject to the Ohio core curriculum prescribed in division (C) of	45711
section 3313.603 of the Revised Code but elects the option of	45712
division (D) or (F) of that section. Except as provided in	45713
divisions (C), (E), and (J) of this section, no honors diploma	45714
shall be granted to anyone failing to comply with this division	45715
and no more than one honors diploma shall be granted to any	45716
student under this division.	45717

The state board shall adopt rules prescribing the granting of	45718
honors diplomas under this division. These rules may prescribe the	45719
granting of honors diplomas that recognize a student's achievement	45720
as a whole or that recognize a student's achievement in one or	45721
more specific subjects or both. The rules may prescribe the	45722
granting of an honors diploma recognizing technical expertise for	45723
a career-technical student. In any case, the rules shall designate	45724
two or more criteria for the granting of each type of honors	45725
diploma the board establishes under this division and the number	45726
of such criteria that must be met for the granting of that type of	45727
diploma. The number of such criteria for any type of honors	45728
diploma shall be at least one less than the total number of	45729
criteria designated for that type and no one or more particular	45730
criteria shall be required of all persons who are to be granted	45731
that type of diploma.	45732

(C) Any ~~such~~ district board administering any of the ~~tests~~	45733
assessments required by section 3301.0710 ~~or 3301.0712~~ of the	45734
Revised Code to any person requesting to take such ~~test~~assessment	45735
pursuant to division (B)(8)(b) of section 3301.0711 of the Revised	45736
Code shall award a diploma to such person if the person attains at	45737
least the applicable scores designated under division (B)(1) of	45738
section 3301.0710 of the Revised Code on all the ~~tests~~assessments	45739
administered and if the person has previously attained the	45740
applicable scores on all the other ~~tests~~assessments required by	45741
division (B)(1) of that section or has been exempted or excused	45742
from attaining the applicable score on any such test pursuant to	45743
division (H) or (L) of this section or from taking any such test	45744
pursuant to section 3313.532 of the Revised Code.	45745

(D) Each diploma awarded under this section shall be signed	45746
by the president and treasurer of the issuing board, the	45747
superintendent of schools, and the principal of the high school.	45748
Each diploma shall bear the date of its issue, be in such form as	45749
the district board prescribes, and be paid for out of the	45750
district's general fund.	45751

(E) A person who is a resident of Ohio and is eligible under	45752
state board of education minimum standards to receive a high	45753
school diploma based in whole or in part on credits earned while	45754
an inmate of a correctional institution operated by the state or	45755
any political subdivision thereof, shall be granted such diploma	45756
by the correctional institution operating the programs in which	45757
such credits were earned, and by the board of education of the	45758
school district in which the inmate resided immediately prior to	45759
the inmate's placement in the institution. The diploma granted by	45760
the correctional institution shall be signed by the director of	45761
the institution, and by the person serving as principal of the	45762
institution's high school and shall bear the date of issue.	45763

(F) Persons who are not residents of Ohio but who are inmates	45764
of correctional institutions operated by the state or any	45765
political subdivision thereof, and who are eligible under state	45766
board of education minimum standards to receive a high school	45767
diploma based in whole or in part on credits earned while an	45768
inmate of the correctional institution, shall be granted a diploma	45769
by the correctional institution offering the program in which the	45770
credits were earned. The diploma granted by the correctional	45771
institution shall be signed by the director of the institution and	45772
by the person serving as principal of the institution's high	45773
school and shall bear the date of issue.	45774

(G) The state board of education shall provide by rule for	45775
the administration of the ~~tests~~assessments required by section	45776
3301.0710 of the Revised Code to inmates of correctional	45777
institutions.	45778

(H) Any person to whom all of the following apply shall be	45779
exempted from attaining the applicable score on the ~~test~~	45780
assessment in social studies designated under division (B)(1) of	45781
section 3301.0710 of the Revised Code, any social studies	45782
end-of-course examination required under division (B)(2) of that	45783
section if such an exemption is prescribed by rule of the state	45784
board under division (E)(4) of section 3301.0712 of the Revised	45785
Code, or the test in citizenship designated under former division	45786
(B) of section 3301.0710 of the Revised Code as it existed prior	45787
to September 11, 2001:	45788

(1) The person is not a citizen of the United States;

45789

(2) The person is not a permanent resident of the United	45790
States;	45791

(3) The person indicates no intention to reside in the United	45792
States after the completion of high school.	45793

(I) Notwithstanding division (D) of section 3311.19 and	45794
division (D) of section 3311.52 of the Revised Code, this section	45795
and section 3311.611 of the Revised Code do not apply to the board	45796
of education of any joint vocational school district or any	45797
cooperative education school district established pursuant to	45798
divisions (A) to (C) of section 3311.52 of the Revised Code.	45799

(J) Upon receipt of a notice under division (D) of section	45800
3325.08 of the Revised Code that a student has received a diploma	45801
under that section, the board of education receiving the notice	45802
may grant a high school diploma under this section to the student,	45803
except that such board shall grant the student a diploma if the	45804
student meets the graduation requirements that the student would	45805
otherwise have had to meet to receive a diploma from the district.	45806
The diploma granted under this section shall be of the same type	45807
the notice indicates the student received under section 3325.08 of	45808
the Revised Code.	45809

(K) As used in this division, "limited English proficient	45810
student" has the same meaning as in division (C)(3) of section	45811
3301.0711 of the Revised Code.	45812

Notwithstanding division (C)(3) of section 3301.0711 of the	45813
Revised Code, no limited English proficient student who has not	45814
either attained the applicable scores designated under division	45815
(B)(1) of section 3301.0710 of the Revised Code on all the ~~tests~~	45816
assessments required by that division, or attained the composite	45817
score designated for the assessments required by division (B)(2)	45818
of that section, shall be awarded a diploma under this section.	45819

(L) Any student described by division (A)(1) of this section	45820
may be awarded a diploma without attaining the applicable scores	45821
designated on the ~~tests~~assessments prescribed under division (B)	45822
of section 3301.0710 of the Revised Code provided an	45823
individualized education program specifically exempts the student	45824
from attaining such scores. This division does not negate the	45825
requirement for such a student to take all such ~~tests~~assessments	45826
or alternate assessments required by division (C)(1) of section	45827
3301.0711 of the Revised Code for the purpose of assessing student	45828
progress as required by federal law.	45829

Sec. 3313.611. (A) The state board of education shall adopt,	45830
by rule, standards for awarding high school credit equivalent to	45831
credit for completion of high school academic and vocational	45832
education courses to applicants for diplomas under this section.	45833
The standards may permit high school credit to be granted to an	45834
applicant for any of the following:	45835

(1) Work experiences or experiences as a volunteer;

45836

(2) Completion of academic, vocational, or self-improvement	45837
courses offered to persons over the age of twenty-one by a	45838
chartered public or nonpublic school;	45839

(3) Completion of academic, vocational, or self-improvement	45840
courses offered by an organization, individual, or educational	45841
institution other than a chartered public or nonpublic school;	45842

(4) Other life experiences considered by the board to provide	45843
knowledge and learning experiences comparable to that gained in a	45844
classroom setting.	45845

(B) The board of education of any city, exempted village, or	45846
local school district that operates a high school shall grant a	45847
diploma of adult education to any applicant if all of the	45848
following apply:	45849

(1) The applicant is a resident of the district;

45850

(2) The applicant is over the age of twenty-one and has not	45851
been issued a diploma as provided in section 3313.61 of the	45852
Revised Code;	45853

(3) Subject to section 3313.614 of the Revised Code, the	45854
applicant has met the assessment requirements of division	45855
(B)(3)(a) or (b) of this section, as applicable.	45856

(a) Prior to the date prescribed by rule of the state board	45857
under division (E)(3) of section 3301.0712 of the Revised Code,	45858
the applicant either:	45859

~~(a)~~(i) Has attained the applicable scores designated under	45860
division (B)(1) of section 3301.0710 of the Revised Code on all of	45861
the ~~tests~~assessments required by that division or was excused or	45862
exempted from any such ~~test~~assessment pursuant to section	45863
3313.532 or was exempted from attaining the applicable score on	45864
any such ~~test~~assessment pursuant to division (H) or (L) of	45865
section 3313.61 of the Revised Code;	45866

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	45867
in section 3313.615 of the Revised Code.	45868

(b) On or after the date prescribed by rule of the state	45869
board under division (E)(3) of section 3301.0712 of the Revised	45870
Code, has attained on the entire assessment system prescribed	45871
under division (B)(2) of section 3301.0710 of the Revised Code at	45872
least the required passing composite score, designated under	45873
division (C)(1) of section 3301.0712 of the Revised Code, except	45874
and only to the extent that the applicant is excused from some	45875
portion of that assessment system pursuant to section 3313.532 of	45876
the Revised Code or division (H) or (L) of section 3313.61 of the	45877
Revised Code.	45878

(4) The district board determines, in accordance with the	45879
standards adopted under division (A) of this section, that the	45880
applicant has attained sufficient high school credits, including	45881
equivalent credits awarded under such standards, to qualify as	45882
having successfully completed the curriculum required by the	45883
district for graduation.	45884

(C) If a district board determines that an applicant is not	45885
eligible for a diploma under division (B) of this section, it	45886
shall inform the applicant of the reason the applicant is	45887
ineligible and shall provide a list of any courses required for	45888
the diploma for which the applicant has not received credit. An	45889
applicant may reapply for a diploma under this section at any	45890
time.	45891

(D) If a district board awards an adult education diploma	45892
under this section, the president and treasurer of the board and	45893
the superintendent of schools shall sign it. Each diploma shall	45894
bear the date of its issuance, be in such form as the district	45895
board prescribes, and be paid for from the district's general	45896
fund, except that the state board may by rule prescribe standard	45897
language to be included on each diploma.	45898

(E) As used in this division, "limited English proficient	45899
student" has the same meaning as in division (C)(3) of section	45900
3301.0711 of the Revised Code.	45901

Notwithstanding division (C)(3) of section 3301.0711 of the	45902
Revised Code, no limited English proficient student who has not	45903
either attained the applicable scores designated under division	45904
(B)(1) of section 3301.0710 of the Revised Code on all the ~~tests~~	45905
assessments required by that division, or attained the composite	45906
score designated for the assessments required by division (B)(2)	45907
of that section, shall be awarded a diploma under this section.	45908

Sec. 3313.612. (A) No nonpublic school chartered by the	45909
state board of education shall grant ~~any~~a high school diploma to	45910
any person unless, subject to section 3313.614 of the Revised	45911
Code, the person has met the assessment requirements of division	45912
(A)(1) or (2) of this section, as applicable.	45913

(1) If the person entered the ninth grade prior to the date	45914
prescribed by rule of the state board under division (E)(2) of	45915
section 3301.0712 of the Revised Code, the person has attained,	45916
~~subject to section 3313.614 of the Revised Code~~ at least the	45917
applicable scores designated under division (B)(1) of section	45918
3301.0710 of the Revised Code on all the ~~tests~~assessments	45919
required by that division, or has satisfied the alternative	45920
conditions prescribed in section 3313.615 of the Revised Code.	45921

(2) If the person entered the ninth grade on or after the	45922
date prescribed by rule of the state board under division (E)(2)	45923
of section 3301.0712 of the Revised Code, the person has	45924
attained on the entire assessment system prescribed under	45925
division (B)(2) of section 3301.0710 of the Revised Code at	45926
least the required passing composite score, designated under	45927
division (C)(1) of section 3301.0712 of the Revised Code.	45928

(B) This section does not apply to either of the following:

45929

(1) Any person with regard to any ~~test~~assessment from which	45930
the person was excused pursuant to division (C)(1)(c) of section	45931
3301.0711 of the Revised Code;	45932

(2) Any person with regard to the social studies ~~test~~	45933
assessment under division (B)(1) of section 3301.0710 of the	45934
Revised Code, any social studies end-of-course examination	45935
required under division (B)(2) of that section if such an	45936
exemption is prescribed by rule of the state board of education	45937
under division (E)(4) of section 3301.0712 of the Revised Code,	45938
or the citizenship test under former division (B) of section	45939
3301.0710 of the Revised Code as it existed prior to September	45940
11, 2001, if all of the following apply:	45941

(a) The person is not a citizen of the United States;

45942

(b) The person is not a permanent resident of the United	45943
States;	45944

(c) The person indicates no intention to reside in the United	45945
States after completion of high school.	45946

(C) As used in this division, "limited English proficient	45947
student" has the same meaning as in division (C)(3) of section	45948
3301.0711 of the Revised Code.	45949

Notwithstanding division (C)(3) of section 3301.0711 of the	45950
Revised Code, no limited English proficient student who has not	45951
either attained the applicable scores designated under division	45952
(B)(1) of section 3301.0710 of the Revised Code on all the ~~tests~~	45953
assessments required by that division, or attained the composite	45954
score designated for the assessments required by division (B)(2)	45955
of that section, shall be awarded a diploma under this section.	45956

Sec. 3313.614. (A) As used in this section, a person	45957
"fulfills the curriculum requirement for a diploma" at the time	45958
one of the following conditions is satisfied:	45959

(1) The person successfully completes the high school	45960
curriculum of a school district, a community school, a chartered	45961
nonpublic school, or a correctional institution.	45962

(2) The person successfully completes the individualized	45963
education program developed for the person under section 3323.08	45964
of the Revised Code.	45965

(3) A board of education issues its determination under	45966
section 3313.611 of the Revised Code that the person qualifies as	45967
having successfully completed the curriculum required by the	45968
district.	45969

(B) This division specifies the ~~testing~~assessment	45970
requirements that must be fulfilled as a condition toward granting	45971
high school diplomas under sections 3313.61, 3313.611, 3313.612,	45972
and 3325.08 of the Revised Code.	45973

(1) A person who fulfills the curriculum requirement for a	45974
diploma before September 15, 2000, is not required to pass any	45975
proficiency test or achievement test in science as a condition to	45976
receiving a diploma.	45977

(2) A person who began ninth grade prior to July 1, 2003, is	45978
not required to pass the Ohio graduation test prescribed under	45979
division (B)(1) of section 3301.0710 or any assessment prescribed	45980
under division (B)(2) of that section in any subject as a	45981
condition to receiving a diploma once the person has passed the	45982
ninth grade proficiency test in the same subject, so long as the	45983
person passed the ninth grade proficiency test prior to September	45984
15, 2008. However, any such person who passes the Ohio graduation	45985
test in any subject prior to passing the ninth grade proficiency	45986
test in the same subject shall be deemed to have passed the ninth	45987
grade proficiency test in that subject as a condition to receiving	45988
a diploma. For this purpose, the ninth grade proficiency test in	45989
citizenship substitutes for the Ohio graduation test in social	45990
studies. If a person began ninth grade prior to July 1, 2003, but	45991
does not pass a ninth grade proficiency test or the Ohio	45992
graduation test in a particular subject before September 15, 2008,	45993
and passage of a test in that subject is a condition for the	45994
person to receive a diploma, the person must pass the Ohio	45995
graduation test instead of the ninth grade proficiency test in	45996
that subject to receive a diploma.	45997

(3) A person who begins ninth grade on or after July 1, 2003,	45998
in a school district, community school, or chartered nonpublic	45999
school is not eligible to receive a diploma based on passage of	46000
ninth grade proficiency tests. Each such person who begins ninth	46001
grade prior to the date prescribed by the state board of education	46002
under division (E)(5) of section 3301.0712 of the Revised Code	46003
must pass Ohio graduation tests to meet the testing requirements	46004
applicable to that person as a condition to receiving a diploma.	46005

(4) A person who begins ninth grade on or after the date	46006
prescribed by the state board of education under division (E)(5)	46007
of section 3301.0712 of the Revised Code is not eligible to	46008
receive a diploma based on passage of the Ohio graduation tests.	46009
Each such person must attain on the entire assessment system	46010
prescribed under division (B)(2) of section 3301.0710 of the	46011
Revised Code at least the required passing composite score,	46012
designated under division (C)(1) of section 3301.0712 of the	46013
Revised Code.	46014

(C) This division specifies the curriculum requirement that	46015
shall be completed as a condition toward granting high school	46016
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	46017
of the Revised Code.	46018

(1) A person who is under twenty-two years of age when the	46019
person fulfills the curriculum requirement for a diploma shall	46020
complete the curriculum required by the school district or school	46021
issuing the diploma for the first year that the person originally	46022
enrolled in high school, except for a person who qualifies for	46023
graduation from high school under either division (D) or (F) of	46024
section 3313.603 of the Revised Code.	46025

(2) Once a person fulfills the curriculum requirement for a	46026
diploma, the person is never required, as a condition of receiving	46027
a diploma, to meet any different curriculum requirements that take	46028
effect pending the person's passage of proficiency tests or	46029
achievement tests or assessments, including changes mandated by	46030
section 3313.603 of the Revised Code, the state board, a school	46031
district board of education, or a governing authority of a	46032
community school or chartered nonpublic school.	46033

Sec. 3313.615. This section shall apply to diplomas awarded	46034
after September 15, 2006, to students who are required to take the	46035
five Ohio graduation tests prescribed by division (B)(1) of	46036
section 3301.0710 of the Revised Code.	46037

(A) As an alternative to the requirement that a person attain	46038
the scores designated under division (B)(1) of section 3301.0710	46039
of the Revised Code on all the ~~tests~~assessments required under	46040
that division in order to be eligible for a high school diploma	46041
or an honors diploma under sections 3313.61, 3313.612, or 3325.08	46042
of the Revised Code or for a diploma of adult education under	46043
section 3313.611 of the Revised Code, a person who has attained at	46044
least the applicable scores designated under division (B)(1) of	46045
section 3301.0710 of the Revised Code on all but one of the ~~tests~~	46046
assessments required by that division and from which the person	46047
was not excused or exempted, pursuant to division (L) of section	46048
3313.61, division (B)(1) of section 3313.612, or section 3313.532	46049
of the Revised Code, may be awarded a diploma or honors diploma	46050
if the person has satisfied all of the following conditions:	46051

(1) On the one ~~test~~assessment required under division (B)(1)	46052
of section 3301.0710 of the Revised Code for which the person	46053
failed to attain the designated score, the person missed that	46054
score by ten points or less;	46055

(2) Has a ninety-seven per cent school attendance rate in	46056
each of the last four school years, excluding any excused	46057
absences;	46058

(3) Has not been expelled from school under section 3313.66	46059
of the Revised Code in any of the last four school years;	46060

(4) Has a grade point average of at least 2.5 out of 4.0, or	46061
its equivalent as designated in rules adopted by the state board	46062
of education, in the subject area of the ~~test~~assessment required	46063
under division (B)(1) of section 3301.0710 of the Revised Code for	46064
which the person failed to attain the designated score;	46065

(5) Has completed the high school curriculum requirements	46066
prescribed in section 3313.603 of the Revised Code or has	46067
qualified under division (D) or (F) of that section;	46068

(6) Has taken advantage of any intervention programs provided	46069
by the school district or school in the subject area described in	46070
division (A)(4) of this section and has a ninety-seven per cent	46071
attendance rate, excluding any excused absences, in any of those	46072
programs that are provided at times beyond the normal school day,	46073
school week, or school year or has received comparable	46074
intervention services from a source other than the school district	46075
or school;	46076

(7) Holds a letter recommending graduation from each of the	46077
person's high school teachers in the subject area described in	46078
division (A)(4) of this section and from the person's high school	46079
principal.	46080

(B) The state board of education shall establish rules	46081
designating grade point averages equivalent to the average	46082
specified in division (A)(4) of this section for use by school	46083
districts and schools with different grading systems.	46084

(C) Any student who is exempt from attaining the applicable	46085
score designated under division (B)(1) of section 3301.0710 of the	46086
Revised Code on the Ohio graduation test in social studies	46087
pursuant to division (H) of section 3313.61 or division (B)(2) of	46088
section 3313.612 of the Revised Code shall not qualify for a high	46089
school diploma under this section, unless, notwithstanding the	46090
exemption, the student attains the applicable score on that ~~test~~	46091
assessment. If the student attains the applicable score on that	46092
~~test~~assessment, the student may qualify for a diploma under this	46093
section in the same manner as any other student who is required	46094
to take the five Ohio graduation tests prescribed by division	46095
(B)(1) of section 3301.0710 of the Revised Code.	46096

Sec. 3313.62. (A) The school year shall begin on the first	46097
day of July of each calendar year and close on the thirtieth day	46098
of June of the succeeding calendar year. A school week shall	46099
consist of five days, and a school month of four school weeks.	46100

(B) "Learning year" means a school year as defined in	46101
division (A) of this section.	46102

(C) "Learning day" or "school day" is a day a school is	46103
scheduled to be open for instruction.	46104

Sec. 3313.64. (A) As used in this section and in section	46105
3313.65 of the Revised Code:	46106

(1)(a) Except as provided in division (A)(1)(b) of this	46107
section, "parent" means either parent, unless the parents are	46108
separated or divorced or their marriage has been dissolved or	46109
annulled, in which case "parent" means the parent who is the	46110
residential parent and legal custodian of the child. When a child	46111
is in the legal custody of a government agency or a person other	46112
than the child's natural or adoptive parent, "parent" means the	46113
parent with residual parental rights, privileges, and	46114
responsibilities. When a child is in the permanent custody of a	46115
government agency or a person other than the child's natural or	46116
adoptive parent, "parent" means the parent who was divested of	46117
parental rights and responsibilities for the care of the child and	46118
the right to have the child live with the parent and be the legal	46119
custodian of the child and all residual parental rights,	46120
privileges, and responsibilities.	46121

(b) When a child is the subject of a power of attorney	46122
executed under sections 3109.51 to 3109.62 of the Revised Code,	46123
"parent" means the grandparent designated as attorney in fact	46124
under the power of attorney. When a child is the subject of a	46125
caretaker authorization affidavit executed under sections 3109.64	46126
to 3109.73 of the Revised Code, "parent" means the grandparent	46127
that executed the affidavit.	46128

(2) "Legal custody," "permanent custody," and "residual	46129
parental rights, privileges, and responsibilities" have the same	46130
meanings as in section 2151.011 of the Revised Code.	46131

(3) "School district" or "district" means a city, local, or	46132
exempted village school district and excludes any school operated	46133
in an institution maintained by the department of youth services.	46134

(4) Except as used in division (C)(2) of this section, "home"	46135
means a home, institution, foster home, group home, or other	46136
residential facility in this state that receives and cares for	46137
children, to which any of the following applies:	46138

(a) The home is licensed, certified, or approved for such	46139
purpose by the state or is maintained by the department of youth	46140
services.	46141

(b) The home is operated by a person who is licensed,	46142
certified, or approved by the state to operate the home for such	46143
purpose.	46144

(c) The home accepted the child through a placement by a	46145
person licensed, certified, or approved to place a child in such a	46146
home by the state.	46147

(d) The home is a children's home created under section	46148
5153.21 or 5153.36 of the Revised Code.	46149

(5) "Agency" means all of the following:

46150

(a) A public children services agency;

46151

(b) An organization that holds a certificate issued by the	46152
Ohio department of job and family services in accordance with the	46153
requirements of section 5103.03 of the Revised Code and assumes	46154
temporary or permanent custody of children through commitment,	46155
agreement, or surrender, and places children in family homes for	46156
the purpose of adoption;	46157

(c) Comparable agencies of other states or countries that	46158
have complied with applicable requirements of section 2151.39 of	46159
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	46160
5103.23 to 5103.237 of the Revised Code.	46161

(6) A child is placed for adoption if either of the following	46162
occurs:	46163

(a) An agency to which the child has been permanently	46164
committed or surrendered enters into an agreement with a person	46165
pursuant to section 5103.16 of the Revised Code for the care and	46166
adoption of the child.	46167

(b) The child's natural parent places the child pursuant to	46168
section 5103.16 of the Revised Code with a person who will care	46169
for and adopt the child.	46170

(7) "Preschool child with a disability" has the same	46171
meaning as in section 3323.01 of the Revised Code.	46172

(8) "Child," unless otherwise indicated, includes preschool	46173
children with disabilities.	46174

(9) "Active duty" means active duty pursuant to an executive	46175
order of the president of the United States, an act of the	46176
congress of the United States, or section 5919.29 or 5923.21 of	46177
the Revised Code.	46178

(B) Except as otherwise provided in section 3321.01 of the	46179
Revised Code for admittance to kindergarten and first grade, a	46180
child who is at least five but under twenty-two years of age and	46181
any preschool child with a disability shall be admitted to school	46182
as provided in this division.	46183

(1) A child shall be admitted to the schools of the school	46184
district in which the child's parent resides.	46185

(2) A child who does not reside in the district where the	46186
child's parent resides shall be admitted to the schools of the	46187
district in which the child resides if any of the following	46188
applies:	46189

(a) The child is in the legal or permanent custody of a	46190
government agency or a person other than the child's natural or	46191
adoptive parent.	46192

(b) The child resides in a home.

46193

46194

(3) A child who is not entitled under division (B)(2) of this	46195
section to be admitted to the schools of the district where the	46196
child resides and who is residing with a resident of this state	46197
with whom the child has been placed for adoption shall be admitted	46198
to the schools of the district where the child resides unless	46199
either of the following applies:	46200

(a) The placement for adoption has been terminated.

46201

(b) Another school district is required to admit the child	46202
under division (B)(1) of this section.	46203

Division (B) of this section does not prohibit the board of	46204
education of a school district from placing a child with a	46205
disability who resides in the district in a special education	46206
program outside of the district or its schools in compliance with	46207
Chapter 3323. of the Revised Code.	46208

(C) A district shall not charge tuition for children admitted	46209
under division (B)(1) or (3) of this section. If the district	46210
admits a child under division (B)(2) of this section, tuition	46211
shall be paid to the district that admits the child as follows:	46212

(1) If the child receives special education in accordance	46213
with Chapter 3323. of the Revised Code, the school district of	46214
residence, as defined in section 3323.01 of the Revised Code,	46215
shall pay tuition for the child in accordance with section	46216
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	46217
regardless of who has custody of the child or whether the child	46218
resides in a home.	46219

(2) For a child that does not receive special education in	46220
accordance with Chapter 3323. of the Revised Code, except as	46221
otherwise provided in division (C)(2)(d) of this section, if the	46222
child is in the permanent or legal custody of a government agency	46223
or person other than the child's parent, tuition shall be paid by:	46224

(a) The district in which the child's parent resided at the	46225
time the court removed the child from home or at the time the	46226
court vested legal or permanent custody of the child in the person	46227
or government agency, whichever occurred first;	46228

(b) If the parent's residence at the time the court removed	46229
the child from home or placed the child in the legal or permanent	46230
custody of the person or government agency is unknown, tuition	46231
shall be paid by the district in which the child resided at the	46232
time the child was removed from home or placed in legal or	46233
permanent custody, whichever occurred first;	46234

(c) If a school district cannot be established under division	46235
(C)(2)(a) or (b) of this section, tuition shall be paid by the	46236
district determined as required by section 2151.362 of the Revised	46237
Code by the court at the time it vests custody of the child in the	46238
person or government agency;	46239

(d) If at the time the court removed the child from home or	46240
vested legal or permanent custody of the child in the person or	46241
government agency, whichever occurred first, one parent was in a	46242
residential or correctional facility or a juvenile residential	46243
placement and the other parent, if living and not in such a	46244
facility or placement, was not known to reside in this state,	46245
tuition shall be paid by the district determined under division	46246
(D) of section 3313.65 of the Revised Code as the district	46247
required to pay any tuition while the parent was in such facility	46248
or placement;	46249

(e) If the department of education has determined, pursuant	46250
to division (A)(2) of section 2151.362 of the Revised Code, that	46251
a school district other than the one named in the court's initial	46252
order, or in a prior determination of the department, is	46253
responsible to bear the cost of educating the child, the district	46254
so determined shall be responsible for that cost.	46255

(3) If the child is not in the permanent or legal custody of	46256
a government agency or person other than the child's parent and	46257
the child resides in a home, tuition shall be paid by one of the	46258
following:	46259

(a) The school district in which the child's parent resides;

46260

(b) If the child's parent is not a resident of this state,	46261
the home in which the child resides.	46262

(D) Tuition required to be paid under divisions (C)(2) and	46263
(3)(a) of this section shall be computed in accordance with	46264
section 3317.08 of the Revised Code. Tuition required to be paid	46265
under division (C)(3)(b) of this section shall be computed in	46266
accordance with section 3317.081 of the Revised Code. If a home	46267
fails to pay the tuition required by division (C)(3)(b) of this	46268
section, the board of education providing the education may	46269
recover in a civil action the tuition and the expenses incurred in	46270
prosecuting the action, including court costs and reasonable	46271
attorney's fees. If the prosecuting attorney or city director of	46272
law represents the board in such action, costs and reasonable	46273
attorney's fees awarded by the court, based upon the prosecuting	46274
attorney's, director's, or one of their designee's time spent	46275
preparing and presenting the case, shall be deposited in the	46276
county or city general fund.	46277

(E) A board of education may enroll a child free of any	46278
tuition obligation for a period not to exceed sixty days, on the	46279
sworn statement of an adult resident of the district that the	46280
resident has initiated legal proceedings for custody of the child.	46281

(F) In the case of any individual entitled to attend school	46282
under this division, no tuition shall be charged by the school	46283
district of attendance and no other school district shall be	46284
required to pay tuition for the individual's attendance.	46285
Notwithstanding division (B), (C), or (E) of this section:	46286

(1) All persons at least eighteen but under twenty-two years	46287
of age who live apart from their parents, support themselves by	46288
their own labor, and have not successfully completed the high	46289
school curriculum or the individualized education program	46290
developed for the person by the high school pursuant to section	46291
3323.08 of the Revised Code, are entitled to attend school in the	46292
district in which they reside.	46293

(2) Any child under eighteen years of age who is married is	46294
entitled to attend school in the child's district of residence.	46295

(3) A child is entitled to attend school in the district in	46296
which either of the child's parents is employed if the child has a	46297
medical condition that may require emergency medical attention.	46298
The parent of a child entitled to attend school under division	46299
(F)(3) of this section shall submit to the board of education of	46300
the district in which the parent is employed a statement from the	46301
child's physician certifying that the child's medical condition	46302
may require emergency medical attention. The statement shall be	46303
supported by such other evidence as the board may require.	46304

(4) Any child residing with a person other than the child's	46305
parent is entitled, for a period not to exceed twelve months, to	46306
attend school in the district in which that person resides if the	46307
child's parent files an affidavit with the superintendent of the	46308
district in which the person with whom the child is living resides	46309
stating all of the following:	46310

(a) That the parent is serving outside of the state in the	46311
armed services of the United States;	46312

(b) That the parent intends to reside in the district upon	46313
returning to this state;	46314

(c) The name and address of the person with whom the child is	46315
living while the parent is outside the state.	46316

(5) Any child under the age of twenty-two years who, after	46317
the death of a parent, resides in a school district other than the	46318
district in which the child attended school at the time of the	46319
parent's death is entitled to continue to attend school in the	46320
district in which the child attended school at the time of the	46321
parent's death for the remainder of the school year, subject to	46322
approval of that district board.	46323

(6) A child under the age of twenty-two years who resides	46324
with a parent who is having a new house built in a school district	46325
outside the district where the parent is residing is entitled to	46326
attend school for a period of time in the district where the new	46327
house is being built. In order to be entitled to such attendance,	46328
the parent shall provide the district superintendent with the	46329
following:	46330

(a) A sworn statement explaining the situation, revealing the	46331
location of the house being built, and stating the parent's	46332
intention to reside there upon its completion;	46333

(b) A statement from the builder confirming that a new house	46334
is being built for the parent and that the house is at the	46335
location indicated in the parent's statement.	46336

(7) A child under the age of twenty-two years residing with a	46337
parent who has a contract to purchase a house in a school district	46338
outside the district where the parent is residing and who is	46339
waiting upon the date of closing of the mortgage loan for the	46340
purchase of such house is entitled to attend school for a period	46341
of time in the district where the house is being purchased. In	46342
order to be entitled to such attendance, the parent shall provide	46343
the district superintendent with the following:	46344

(a) A sworn statement explaining the situation, revealing the	46345
location of the house being purchased, and stating the parent's	46346
intent to reside there;	46347

(b) A statement from a real estate broker or bank officer	46348
confirming that the parent has a contract to purchase the house,	46349
that the parent is waiting upon the date of closing of the	46350
mortgage loan, and that the house is at the location indicated in	46351
the parent's statement.	46352

The district superintendent shall establish a period of time	46353
not to exceed ninety days during which the child entitled to	46354
attend school under division (F)(6) or (7) of this section may	46355
attend without tuition obligation. A student attending a school	46356
under division (F)(6) or (7) of this section shall be eligible to	46357
participate in interscholastic athletics under the auspices of	46358
that school, provided the board of education of the school	46359
district where the student's parent resides, by a formal action,	46360
releases the student to participate in interscholastic athletics	46361
at the school where the student is attending, and provided the	46362
student receives any authorization required by a public agency or	46363
private organization of which the school district is a member	46364
exercising authority over interscholastic sports.	46365

(8) A child whose parent is a full-time employee of a city,	46366
local, or exempted village school district, or of an educational	46367
service center, may be admitted to the schools of the district	46368
where the child's parent is employed, or in the case of a child	46369
whose parent is employed by an educational service center, in the	46370
district that serves the location where the parent's job is	46371
primarily located, provided the district board of education	46372
establishes such an admission policy by resolution adopted by a	46373
majority of its members. Any such policy shall take effect on the	46374
first day of the school year and the effective date of any	46375
amendment or repeal may not be prior to the first day of the	46376
subsequent school year. The policy shall be uniformly applied to	46377
all such children and shall provide for the admission of any such	46378
child upon request of the parent. No child may be admitted under	46379
this policy after the first day of classes of any school year.	46380

(9) A child who is with the child's parent under the care of	46381
a shelter for victims of domestic violence, as defined in section	46382
3113.33 of the Revised Code, is entitled to attend school free in	46383
the district in which the child is with the child's parent, and no	46384
other school district shall be required to pay tuition for the	46385
child's attendance in that school district.	46386

The enrollment of a child in a school district under this	46387
division shall not be denied due to a delay in the school	46388
district's receipt of any records required under section 3313.672	46389
of the Revised Code or any other records required for enrollment.	46390
Any days of attendance and any credits earned by a child while	46391
enrolled in a school district under this division shall be	46392
transferred to and accepted by any school district in which the	46393
child subsequently enrolls. The state board of education shall	46394
adopt rules to ensure compliance with this division.	46395

(10) Any child under the age of twenty-two years whose parent	46396
has moved out of the school district after the commencement of	46397
classes in the child's senior year of high school is entitled,	46398
subject to the approval of that district board, to attend school	46399
in the district in which the child attended school at the time of	46400
the parental move for the remainder of the school year and for one	46401
additional semester or equivalent term. A district board may also	46402
adopt a policy specifying extenuating circumstances under which a	46403
student may continue to attend school under division (F)(10) of	46404
this section for an additional period of time in order to	46405
successfully complete the high school curriculum for the	46406
individualized education program developed for the student by the	46407
high school pursuant to section 3323.08 of the Revised Code.	46408

(11) As used in this division, "grandparent" means a parent	46409
of a parent of a child. A child under the age of twenty-two years	46410
who is in the custody of the child's parent, resides with a	46411
grandparent, and does not require special education is entitled to	46412
attend the schools of the district in which the child's	46413
grandparent resides, provided that, prior to such attendance in	46414
any school year, the board of education of the school district in	46415
which the child's grandparent resides and the board of education	46416
of the school district in which the child's parent resides enter	46417
into a written agreement specifying that good cause exists for	46418
such attendance, describing the nature of this good cause, and	46419
consenting to such attendance.	46420

In lieu of a consent form signed by a parent, a board of	46421
education may request the grandparent of a child attending school	46422
in the district in which the grandparent resides pursuant to	46423
division (F)(11) of this section to complete any consent form	46424
required by the district, including any authorization required by	46425
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	46426
Code. Upon request, the grandparent shall complete any consent	46427
form required by the district. A school district shall not incur	46428
any liability solely because of its receipt of a consent form from	46429
a grandparent in lieu of a parent.	46430

Division (F)(11) of this section does not create, and shall	46431
not be construed as creating, a new cause of action or substantive	46432
legal right against a school district, a member of a board of	46433
education, or an employee of a school district. This section does	46434
not affect, and shall not be construed as affecting, any	46435
immunities from defenses to tort liability created or recognized	46436
by Chapter 2744. of the Revised Code for a school district,	46437
member, or employee.	46438

(12) A child under the age of twenty-two years is entitled to	46439
attend school in a school district other than the district in	46440
which the child is entitled to attend school under division (B),	46441
(C), or (E) of this section provided that, prior to such	46442
attendance in any school year, both of the following occur:	46443

(a) The superintendent of the district in which the child is	46444
entitled to attend school under division (B), (C), or (E) of this	46445
section contacts the superintendent of another district for	46446
purposes of this division;	46447

(b) The superintendents of both districts enter into a	46448
written agreement that consents to the attendance and specifies	46449
that the purpose of such attendance is to protect the student's	46450
physical or mental well-being or to deal with other extenuating	46451
circumstances deemed appropriate by the superintendents.	46452

While an agreement is in effect under this division for a	46453
student who is not receiving special education under Chapter 3323.	46454
of the Revised Code and notwithstanding Chapter 3327. of the	46455
Revised Code, the board of education of neither school district	46456
involved in the agreement is required to provide transportation	46457
for the student to and from the school where the student attends.	46458

A student attending a school of a district pursuant to this	46459
division shall be allowed to participate in all student	46460
activities, including interscholastic athletics, at the school	46461
where the student is attending on the same basis as any student	46462
who has always attended the schools of that district while of	46463
compulsory school age.	46464

(13) All school districts shall comply with the	46465
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	46466
seq., for the education of homeless children. Each city, local,	46467
and exempted village school district shall comply with the	46468
requirements of that act governing the provision of a free,	46469
appropriate public education, including public preschool, to each	46470
homeless child.	46471

When a child loses permanent housing and becomes a homeless	46472
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	46473
such a homeless person changes temporary living arrangements, the	46474
child's parent or guardian shall have the option of enrolling the	46475
child in either of the following:	46476

(a) The child's school of origin, as defined in 42 U.S.C.A.	46477
11432(g)(3)(C);	46478

(b) The school that is operated by the school district in	46479
which the shelter where the child currently resides is located and	46480
that serves the geographic area in which the shelter is located.	46481

(14) A child under the age of twenty-two years who resides	46482
with a person other than the child's parent is entitled to attend	46483
school in the school district in which that person resides if both	46484
of the following apply:	46485

(a) That person has been appointed, through a military power	46486
of attorney executed under section 574(a) of the "National Defense	46487
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	46488
U.S.C. 1044b, or through a comparable document necessary to	46489
complete a family care plan, as the parent's agent for the care,	46490
custody, and control of the child while the parent is on active	46491
duty as a member of the national guard or a reserve unit of the	46492
armed forces of the United States or because the parent is a	46493
member of the armed forces of the United States and is on a duty	46494
assignment away from the parent's residence.	46495

(b) The military power of attorney or comparable document	46496
includes at least the authority to enroll the child in school.	46497

The entitlement to attend school in the district in which the	46498
parent's agent under the military power of attorney or comparable	46499
document resides applies until the end of the school year in which	46500
the military power of attorney or comparable document expires.	46501

(G) A board of education, after approving admission, may	46502
waive tuition for students who will temporarily reside in the	46503
district and who are either of the following:	46504

(1) Residents or domiciliaries of a foreign nation who	46505
request admission as foreign exchange students;	46506

(2) Residents or domiciliaries of the United States but not	46507
of Ohio who request admission as participants in an exchange	46508
program operated by a student exchange organization.	46509

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	46510
3327.04, and 3327.06 of the Revised Code, a child may attend	46511
school or participate in a special education program in a school	46512
district other than in the district where the child is entitled to	46513
attend school under division (B) of this section.	46514

(I)(1) Notwithstanding anything to the contrary in this	46515
section or section 3313.65 of the Revised Code, a child under	46516
twenty-two years of age may attend school in the school district	46517
in which the child, at the end of the first full week of October	46518
of the school year, was entitled to attend school as otherwise	46519
provided under this section or section 3313.65 of the Revised	46520
Code, if at that time the child was enrolled in the schools of the	46521
district but since that time the child or the child's parent has	46522
relocated to a new address located outside of that school district	46523
and within the same county as the child's or parent's address	46524
immediately prior to the relocation. The child may continue to	46525
attend school in the district, and at the school to which the	46526
child was assigned at the end of the first full week of October of	46527
the current school year, for the balance of the school year.	46528
Division (I)(1) of this section applies only if both of the	46529
following conditions are satisfied:	46530

(a) The board of education of the school district in which	46531
the child was entitled to attend school at the end of the first	46532
full week in October and of the district to which the child or	46533
child's parent has relocated each has adopted a policy to enroll	46534
children described in division (I)(1) of this section.	46535

(b) The child's parent provides written notification of the	46536
relocation outside of the school district to the superintendent of	46537
each of the two school districts.	46538

(2) At the beginning of the school year following the school	46539
year in which the child or the child's parent relocated outside of	46540
the school district as described in division (I)(1) of this	46541
section, the child is not entitled to attend school in the school	46542
district under that division.	46543

(3) Any person or entity owing tuition to the school district	46544
on behalf of the child at the end of the first full week in	46545
October, as provided in division (C) of this section, shall	46546
continue to owe such tuition to the district for the child's	46547
attendance under division (I)(1) of this section for the lesser of	46548
the balance of the school year or the balance of the time that the	46549
child attends school in the district under division (I)(1) of this	46550
section.	46551

(4) A pupil who may attend school in the district under	46552
division (I)(1) of this section shall be entitled to	46553
transportation services pursuant to an agreement between the	46554
district and the district in which the child or child's parent has	46555
relocated unless the districts have not entered into such	46556
agreement, in which case the child shall be entitled to	46557
transportation services in the same manner as a pupil attending	46558
school in the district under interdistrict open enrollment as	46559
described in division ~~(H)~~(D) of section 3313.981 of the Revised	46560
Code, regardless of whether the district has adopted an open	46561
enrollment policy as described in division (B)(1)(b) or (c) of	46562
section 3313.98 of the Revised Code.	46563

(J) This division does not apply to a child receiving special	46564
education.	46565

A school district required to pay tuition pursuant to	46566
division (C)(2) or (3) of this section or section 3313.65 of the	46567
Revised Code shall have an amount deducted under division (F) of	46568
section 3317.023 of the Revised Code equal to its own tuition rate	46569
for the same period of attendance. A school district entitled to	46570
receive tuition pursuant to division (C)(2) or (3) of this section	46571
or section 3313.65 of the Revised Code shall have an amount	46572
credited under division (F) of section 3317.023 of the Revised	46573
Code equal to its own tuition rate for the same period of	46574
attendance. If the tuition rate credited to the district of	46575
attendance exceeds the rate deducted from the district required to	46576
pay tuition, the department of education shall pay the district of	46577
attendance the difference from amounts deducted from all	46578
districts' payments under division (F) of section 3317.023 of the	46579
Revised Code but not credited to other school districts under such	46580
division and from appropriations made for such purpose. The	46581
treasurer of each school district shall, by the fifteenth day of	46582
January and July, furnish the superintendent of public instruction	46583
a report of the names of each child who attended the district's	46584
schools under divisions (C)(2) and (3) of this section or section	46585
3313.65 of the Revised Code during the preceding six calendar	46586
months, the duration of the attendance of those children, the	46587
school district responsible for tuition on behalf of the child,	46588
and any other information that the superintendent requires.	46589

Upon receipt of the report the superintendent, pursuant to	46590
division (F) of section 3317.023 of the Revised Code, shall deduct	46591
each district's tuition obligations under divisions (C)(2) and (3)	46592
of this section or section 3313.65 of the Revised Code and pay to	46593
the district of attendance that amount plus any amount required to	46594
be paid by the state.	46595

(K) In the event of a disagreement, the superintendent of	46596
public instruction shall determine the school district in which	46597
the parent resides.	46598

(L) Nothing in this section requires or authorizes, or shall	46599
be construed to require or authorize, the admission to a public	46600
school in this state of a pupil who has been permanently excluded	46601
from public school attendance by the superintendent of public	46602
instruction pursuant to sections 3301.121 and 3313.662 of the	46603
Revised Code.	46604

(M) In accordance with division (B)(1) of this section, a	46605
child whose parent is a member of the national guard or a reserve	46606
unit of the armed forces of the United States and is called to	46607
active duty, or a child whose parent is a member of the armed	46608
forces of the United States and is ordered to a temporary duty	46609
assignment outside of the district, may continue to attend school	46610
in the district in which the child's parent lived before being	46611
called to active duty or ordered to a temporary duty assignment	46612
outside of the district, as long as the child's parent continues	46613
to be a resident of that district, and regardless of where the	46614
child lives as a result of the parent's active duty status or	46615
temporary duty assignment. However, the district is not	46616
responsible for providing transportation for the child if the	46617
child lives outside of the district as a result of the parent's	46618
active duty status or temporary duty assignment.	46619

Sec. 3313.642. (A) Except as provided in division (B) of	46620
this section and notwithstanding the provisions of sections	46621
3313.48 and 3313.64 of the Revised Code, the board of education of	46622
a city, exempted village, or local school district shall not be	46623
required to furnish, free of charge, to the pupils attending the	46624
public schools any materials used in a course of instruction with	46625
the exception of the necessary textbooks or electronic textbooks	46626
required to be furnished without charge pursuant to section	46627
3329.06 of the Revised Code. The board may, however, make	46628
provision by appropriations transferred from the general fund of	46629
the district or otherwise for furnishing free of charge any	46630
materials used in a course of instruction to such pupils as it	46631
determines are in serious financial need of such materials.	46632

(B) No board of education of a school district ~~that receives~~	46633
~~funds under section 3317.029 of the Revised Code~~ shall charge a	46634
fee to a ~~recipient of aid under Chapter 5107. or 5115. of the~~	46635
~~Revised Code~~pupil who is eligible for a free lunch under the	46636
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,	46637
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885,	46638
42 U.S.C. 1771, as amended, for any materials needed to enable	46639
the ~~recipient~~pupil to participate fully in a course of	46640
instruction. The prohibition in this division against charging a	46641
fee does not apply to any fee charged for any materials needed to	46642
enable a ~~recipient~~pupil to participate fully in extracurricular	46643
activities or in any pupil enrichment program that is not a course	46644
of instruction.	46645

(C) Boards of education may adopt rules and regulations	46646
prescribing a schedule of fees for materials used in a course of	46647
instruction and prescribing a schedule of charges which may be	46648
imposed upon pupils for the loss, damage, or destruction of school	46649
apparatus, equipment, musical instruments, library material,	46650
textbooks, or electronic textbooks required to be furnished	46651
without charge, and for damage to school buildings, and may	46652
enforce the payment of such fees and charges by withholding the	46653
grades and credits of the pupils concerned.	46654

Sec. 3313.6410. This section applies to any school that is	46655
operated by a school district and in which the enrolled students	46656
work primarily on assignments in nonclassroom-based learning	46657
opportunities provided via an internet- or other computer-based	46658
instructional method.	46659

(A) Any school to which this section applies shall withdraw	46660
from the school any student who, for two consecutive school years,	46661
has failed to participate in the spring administration of any ~~test~~	46662
assessment prescribed under section 3301.0710 or 3301.0712 of the	46663
Revised Code for the student's grade level and was not excused	46664
from the ~~test~~assessment pursuant to division (C)(1) or (3) of	46665
section 3301.0711 of the Revised Code, regardless of whether a	46666
waiver was granted for the student under division (E) of section	46667
3317.03 of the Revised Code. The school shall report any such	46668
student's data verification code, as assigned pursuant to section	46669
3301.0714 of the Revised Code, to the department of education to	46670
be added to the list maintained by the department under section	46671
3314.26 of the Revised Code.	46672

(B) No school to which this section applies shall receive any	46673
state funds under Chapter 3306. or 3317. of the Revised Code for	46674
any enrolled student whose data verification code appears on the	46675
list maintained by the department under section 3314.26 of the	46676
Revised Code. Notwithstanding any provision of the Revised Code to	46677
the contrary, the parent of any such student shall pay tuition to	46678
the school district that operates the school in an amount equal to	46679
the state funds the district otherwise would receive for that	46680
student, as determined by the department. A school to which this	46681
section applies may withdraw any student for whom the parent does	46682
not pay tuition as required by this division.	46683

Sec. 3313.65. (A) As used in this section and section	46684
3313.64 of the Revised Code:	46685

(1) A person is "in a residential facility" if the person is	46686
a resident or a resident patient of an institution, home, or other	46687
residential facility that is:	46688

(a) Licensed as a nursing home, residential care facility, or	46689
home for the aging by the director of health under section 3721.02	46690
of the Revised Code ~~or licensed as a community alternative home by~~	46691
~~the director of health under section 3724.03 of the Revised Code~~;	46692

(b) Licensed as an adult care facility by the director of	46693
health under Chapter 3722. of the Revised Code;	46694

(c) Maintained as a county home or district home by the board	46695
of county commissioners or a joint board of county commissioners	46696
under Chapter 5155. of the Revised Code;	46697

(d) Operated or administered by a board of alcohol, drug	46698
addiction, and mental health services under section 340.03 or	46699
340.06 of the Revised Code, or provides residential care pursuant	46700
to contracts made under section 340.03 or 340.033 of the Revised	46701
Code;	46702

(e) Maintained as a state institution for the mentally ill	46703
under Chapter 5119. of the Revised Code;	46704

(f) Licensed by the department of mental health under section	46705
5119.20 or 5119.22 of the Revised Code;	46706

(g) Licensed as a residential facility by the department of	46707
mental retardation and developmental disabilities under section	46708
5123.19 of the Revised Code;	46709

(h) Operated by the veteran's administration or another	46710
agency of the United States government;	46711

(i) The Ohio soldiers' and sailors' home.

46712

(2) A person is "in a correctional facility" if any of the	46713
following apply:	46714

(a) The person is an Ohio resident and is:

46715

(i) Imprisoned, as defined in section 1.05 of the Revised	46716
Code;	46717

(ii) Serving a term in a community-based correctional	46718
facility or a district community-based correctional facility;	46719

(iii) Required, as a condition of parole, a post-release	46720
control sanction, a community control sanction, transitional	46721
control, or early release from imprisonment, as a condition of	46722
shock parole or shock probation granted under the law in effect	46723
prior to July 1, 1996, or as a condition of a furlough granted	46724
under the version of section 2967.26 of the Revised Code in effect	46725
prior to March 17, 1998, to reside in a halfway house or other	46726
community residential center licensed under section 2967.14 of the	46727
Revised Code or a similar facility designated by the court of	46728
common pleas that established the condition or by the adult parole	46729
authority.	46730

(b) The person is imprisoned in a state correctional	46731
institution of another state or a federal correctional institution	46732
but was an Ohio resident at the time the sentence was imposed for	46733
the crime for which the person is imprisoned.	46734

(3) A person is "in a juvenile residential placement" if the	46735
person is an Ohio resident who is under twenty-one years of age	46736
and has been removed, by the order of a juvenile court, from the	46737
place the person resided at the time the person became subject to	46738
the court's jurisdiction in the matter that resulted in the	46739
person's removal.	46740

(4) "Community control sanction" has the same meaning as in	46741
section 2929.01 of the Revised Code.	46742

(5) "Post-release control sanction" has the same meaning as	46743
in section 2967.01 of the Revised Code.	46744

(B) If the circumstances described in division (C) of this	46745
section apply, the determination of what school district must	46746
admit a child to its schools and what district, if any, is liable	46747
for tuition shall be made in accordance with this section, rather	46748
than section 3313.64 of the Revised Code.	46749

(C) A child who does not reside in the school district in	46750
which the child's parent resides and for whom a tuition obligation	46751
previously has not been established under division (C)(2) of	46752
section 3313.64 of the Revised Code shall be admitted to the	46753
schools of the district in which the child resides if at least one	46754
of the child's parents is in a residential or correctional	46755
facility or a juvenile residential placement and the other parent,	46756
if living and not in such a facility or placement, is not known to	46757
reside in this state.	46758

(D) Regardless of who has custody or care of the child,	46759
whether the child resides in a home, or whether the child receives	46760
special education, if a district admits a child under division (C)	46761
of this section, tuition shall be paid to that district as	46762
follows:	46763

(1) If the child's parent is in a juvenile residential	46764
placement, by the district in which the child's parent resided at	46765
the time the parent became subject to the jurisdiction of the	46766
juvenile court;	46767

(2) If the child's parent is in a correctional facility, by	46768
the district in which the child's parent resided at the time the	46769
sentence was imposed;	46770

(3) If the child's parent is in a residential facility, by	46771
the district in which the parent resided at the time the parent	46772
was admitted to the residential facility, except that if the	46773
parent was transferred from another residential facility, tuition	46774
shall be paid by the district in which the parent resided at the	46775
time the parent was admitted to the facility from which the parent	46776
first was transferred;	46777

(4) In the event of a disagreement as to which school	46778
district is liable for tuition under division (C)(1), (2), or (3)	46779
of this section, the superintendent of public instruction shall	46780
determine which district shall pay tuition.	46781

(E) If a child covered by division (D) of this section	46782
receives special education in accordance with Chapter 3323. of the	46783
Revised Code, the tuition shall be paid in accordance with section	46784
3323.13 or 3323.14 of the Revised Code. Tuition for children who	46785
do not receive special education shall be paid in accordance with	46786
division (J) of section 3313.64 of the Revised Code.	46787

Sec. 3313.671. (A)(1) Except as otherwise provided in	46788
division (B) of this section, no pupil, at the time of initial	46789
entry or at the beginning of each school year, to an elementary or	46790
high school for which the state board of education prescribes	46791
minimum standards pursuant to division (D) of section 3301.07 of	46792
the Revised Code, shall be permitted to remain in school for more	46793
than fourteen days unless the pupil presents written evidence	46794
satisfactory to the person in charge of admission, that the pupil	46795
has been immunized by a method of immunization approved by the	46796
department of health pursuant to section 3701.13 of the Revised	46797
Code against mumps, poliomyelitis, diphtheria, pertussis, tetanus,	46798
rubeola, and rubella or is in the process of being immunized.	46799

(2) Except as provided in division (B) of this section, no	46800
pupil who begins kindergarten at an elementary school subject to	46801
the state board of education's minimum standards shall be	46802
permitted to remain in school for more than fourteen days unless	46803
the pupil presents written evidence satisfactory to the person in	46804
charge of admission that the pupil has been immunized by a	46805
department of health-approved method of immunization or is in the	46806
process of being immunized against both of the following:	46807

(a) During or after the school year beginning in 1999,	46808
hepatitis B;	46809

(b) During or after the school year beginning in 2006,	46810
chicken pox.	46811

(3) As used in divisions (A)(1) and (2) of this section, "in	46812
the process of being immunized" means the pupil has been immunized	46813
against mumps, rubeola, rubella, and chicken pox, and if the pupil	46814
has not been immunized against poliomyelitis, diphtheria,	46815
pertussis, tetanus, and hepatitis B, the pupil has received at	46816
least the first dose of the immunization sequence, and presents	46817
written evidence to the pupil's building principal or chief	46818
administrative officer of each subsequent dose required to obtain	46819
immunization at the intervals prescribed by the director of	46820
health. Any student previously admitted under the "in process of	46821
being immunized" provision and who has not complied with the	46822
immunization intervals prescribed by the director of health shall	46823
be excluded from school on the fifteenth day of the following	46824
school year. Any student so excluded shall be readmitted upon	46825
showing evidence to the student's building principal or chief	46826
administrative officer of progress on the director of health's	46827
interval schedule.	46828

(4) Beginning in the 2010-2011 school year, except as	46829
provided in division (B) of this section, no pupil who begins	46830
seventh grade at a school subject to the state board of	46831
education's minimum standards shall be permitted to remain in	46832
school for more than fourteen days unless the pupil presents	46833
written evidence satisfactory to the person in charge of admission	46834
that the pupil has received a department of health-approved	46835
tetanus, diphtheria, and acellular pertussis booster vaccination.	46836

(B)(1) A pupil who has had natural rubeola, and presents a	46837
signed statement from the pupil's parent, guardian, or physician	46838
to that effect, is not required to be immunized against rubeola.	46839

(2) A pupil who has had natural mumps, and presents a signed	46840
statement from the pupil's parent, guardian, or physician to that	46841
effect, is not required to be immunized against mumps.	46842

(3) A pupil who has had natural chicken pox, and presents a	46843
signed statement from the pupil's parent, guardian, or physician	46844
to that effect, is not required to be immunized against chicken	46845
pox.	46846

(4) A pupil who presents a written statement of the pupil's	46847
parent or guardian in which the parent or guardian declines to	46848
have the pupil immunized for reasons of conscience, including	46849
religious convictions, is not required to be immunized.	46850

(5) A child whose physician certifies in writing that such	46851
immunization against any disease is medically contraindicated is	46852
not required to be immunized against that disease.	46853

(C) As used in this division, "chicken pox epidemic" means	46854
the occurrence of cases of chicken pox in numbers greater than	46855
expected in the school's population or for a particular period of	46856
time.	46857

Notwithstanding division (B) of this section, a school may	46858
deny admission to a pupil otherwise exempted from the chicken pox	46859
immunization requirement if the director of the state department	46860
of health notifies the school's principal or chief administrative	46861
officer that a chicken pox epidemic exists in the school's	46862
population. The denial of admission shall cease when the director	46863
notifies the principal or officer that the epidemic no longer	46864
exists.	46865

The board of education or governing body of each school	46866
subject to this section shall adopt a policy that prescribes	46867
methods whereby the academic standing of a pupil who is denied	46868
admission during a chicken pox epidemic may be preserved.	46869

(D) Boards of health, legislative authorities of municipal	46870
corporations, and boards of township trustees on application of	46871
the board of education of the district or proper authority of any	46872
school affected by this section, shall provide at the public	46873
expense, without delay, the means of immunization against mumps,	46874
poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus,	46875
and hepatitis B, and the booster vaccination required by division	46876
(A)(4) of this section, to pupils who are not so provided by their	46877
parents or guardians.	46878

Sec. 3313.673. (A) Except as provided in division (B) of	46879
this section, prior to the first day of November of the school	46880
year in which a pupil is enrolled for the first time in either	46881
kindergarten or first grade, the pupil shall be screened for	46882
hearing, vision, speech and communications, and health or medical	46883
problems and for any developmental disorders. If the results of	46884
any screening reveal the possibility of special learning needs,	46885
the board of education of the school district shall conduct	46886
further assessment in accordance with Chapter 3323. of the Revised	46887
Code. The board may provide any of the elements of the screening	46888
program itself, contract with any person or governmental entity to	46889
provide any such elements, or request the parent to obtain any	46890
such elements from a provider selected by the parent. If the board	46891
conducts hearing and vision screening itself or contracts for	46892
hearing and vision screening, such screening shall be conducted	46893
pursuant to sections 3313.50, 3313.69, and 3313.73 of the Revised	46894
Code.	46895

(B) Prior to the first day of August of the school year in	46896
which a pupil is required to be screened under this section, the	46897
board shall provide parents with information about the district's	46898
screening program. If the board chooses to request parents to	46899
obtain any screening services, it shall provide lists of providers	46900
to parents together with information about such screening services	46901
available in the community to parents who cannot afford them. Any	46902
parent requested to obtain any screening services under this	46903
division may sign a written statement to the effect that hethe	46904
parent does not wish to have ~~his~~the parent's child receive such	46905
screening.	46906

(C) Each district shall report the aggregate results of the	46907
screenings required under this section in the manner prescribed by	46908
guidelines established for that purpose by the state board of	46909
education under division (B)(1)(o) of section 3301.0714 of the	46910
Revised Code.	46911

Sec. 3313.68. The board of education of each city, exempted	46912
village, or local school district may appoint one or more school	46913
physicians and one or more school dentists. Two or more school	46914
districts may unite and employ one such physician and at least one	46915
such dentist whose duties shall be such as are prescribed by law.	46916
Said school physician shall hold a license to practice medicine in	46917
Ohio, and each school dentist shall be licensed to practice in	46918
this state. School physicians and dentists may be discharged at	46919
any time by the board of education. School physicians and dentists	46920
shall serve one year and until their successors are appointed and	46921
shall receive such compensation as the board of education	46922
determines. The board of education may also employ registered	46923
nurses, as defined by section 4723.01 and licensed as school	46924
nurses under ~~section 3319.22~~Chapter 3319. of the Revised Code, to	46925
aid in such inspection in such ways as are prescribed by it, and	46926
to aid in the conduct and coordination of the school health	46927
service program. The school dentists shall make such examinations	46928
and diagnoses and render such remedial or corrective treatment for	46929
the school children as is prescribed by the board of education;	46930
provided that all such remedial or corrective treatment shall be	46931
limited to the children whose parents cannot otherwise provide for	46932
same, and then only with the written consent of the parents or	46933
guardians of such children. School dentists may also conduct such	46934
oral hygiene educational work as is authorized by the board of	46935
education.	46936

The board of education may delegate the duties and powers	46937
provided for in this section to the board of health or officer	46938
performing the functions of a board of health within the school	46939
district, if such board or officer is willing to assume the same.	46940
Boards of education shall co-operate with boards of health in the	46941
prevention and control of epidemics.	46942

Sec. 3313.713. (A) As used in this section:

46943

(1) "Drug" means a drug, as defined in section 4729.01 of the	46944
Revised Code, that is to be administered pursuant to the	46945
instructions of the prescriber, whether or not required by law to	46946
be sold only upon a prescription.	46947

(2) "Federal law" means the "Individuals with Disabilities	46948
Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended.	46949

(3) "Prescriber" has the same meaning as in section 4729.01	46950
of the Revised Code.	46951

(B) The board of education of each city, local, exempted	46952
village, and joint vocational school district shall, not later	46953
than one hundred twenty days after September 20, 1984, adopt a	46954
policy on the authority of its employees, when acting in	46955
situations other than those governed by sections 2305.23,	46956
2305.231, and 3313.712 of the Revised Code, to administer drugs	46957
prescribed to students enrolled in the schools of the district.	46958
The policy shall provide either that:	46959

(1) Except as otherwise required by federal law, no person	46960
employed by the board shall, in the course of such employment,	46961
administer any drug prescribed to any student enrolled in the	46962
schools of the district.	46963

(2) Designated persons employed by the board are authorized	46964
to administer to a student a drug prescribed for the student.	46965
Effective July 1, 2011, only employees of the board who hold a	46966
valid school nurse license or school nurse wellness coordinator	46967
license issued under section 3319.221 of the Revised Code or who	46968
have completed a drug administration training program conducted by	46969
a registered nurse may administer to a student a drug prescribed	46970
for the student. Except as otherwise provided by federal law, the	46971
board's policy may provide that certain drugs or types of drugs	46972
shall not be administered or that no employee~~, or no employee~~	46973
~~without appropriate training,~~ shall use certain procedures, such	46974
as injection, to administer a drug to a student.	46975

(C) No drug prescribed for a student shall be administered	46976
pursuant to federal law or a policy adopted under division (B) of	46977
this section until the following occur:	46978

(1) The board, or a person designated by the board, receives	46979
a written request, signed by the parent, guardian, or other person	46980
having care or charge of the student, that the drug be	46981
administered to the student.	46982

(2) The board, or a person designated by the board, receives	46983
a statement, signed by the prescriber, that includes all of the	46984
following information:	46985

(a) The name and address of the student;

46986

(b) The school and class in which the student is enrolled;

46987

46988

(d) The times or intervals at which each dosage of the drug	46989
is to be administered;	46990

(e) The date the administration of the drug is to begin;

46991

(f) The date the administration of the drug is to cease;

46992

(g) Any severe adverse reactions that should be reported to	46993
the prescriber and one or more phone numbers at which the	46994
prescriber can be reached in an emergency;	46995

(h) Special instructions for administration of the drug,	46996
including sterile conditions and storage.	46997

(3) The parent, guardian, or other person having care or	46998
charge of the student agrees to submit a revised statement signed	46999
by the prescriber to the board or a person designated by the board	47000
if any of the information provided by the prescriber pursuant to	47001
division (C)(2) of this section changes.	47002

(4) The person authorized by the board to administer the drug	47003
receives a copy of the statement required by division (C)(2) or	47004
(3) of this section.	47005

(5) The drug is received by the person authorized to	47006
administer the drug to the student for whom the drug is prescribed	47007
in the container in which it was dispensed by the prescriber or a	47008
licensed pharmacist.	47009

(6) Any other procedures required by the board are followed.

47010

(D) If a drug is administered to a student, the board of	47011
education shall acquire and retain copies of the written requests	47012
required by division (C)(1) and the statements required by	47013
divisions (C)(2) and (3) of this section and shall ensure that by	47014
the next school day following the receipt of any such statement a	47015
copy is given to the person authorized to administer drugs to the	47016
student for whom the statement has been received. The board, or a	47017
person designated by the board, shall establish a location in each	47018
school building for the storage of drugs to be administered under	47019
this section and federal law. All such drugs shall be stored in	47020
that location in a locked storage place, except that drugs that	47021
require refrigeration may be kept in a refrigerator in a place not	47022
commonly used by students.	47023

(E) No person who has been authorized by a board of education	47024
to administer a drug and has a copy of the most recent statement	47025
required by division (C)(2) or (3) of this section given to the	47026
person in accordance with division (D) of this section prior to	47027
administering the drug is liable in civil damages for	47028
administering or failing to administer the drug, unless such	47029
person acts in a manner that constitutes gross negligence or	47030
wanton or reckless misconduct.	47031

(F) A board of education may designate a person or persons to	47032
perform any function or functions in connection with a drug policy	47033
adopted under this section either by name or by position,	47034
training, qualifications, or similar distinguishing factors.	47035

Nothing in this section shall be construed to require a	47036
person employed by a board of education to administer a drug to a	47037
student unless the board's policy adopted in compliance with this	47038
section establishes such a requirement. A board shall not require	47039
an employee to administer a drug to a student if the employee	47040
objects, on the basis of religious convictions, to administering	47041
the drug.	47042

A policy adopted by a board of education pursuant to this	47043
section may be changed, modified, or revised by action of the	47044
board.	47045

Nothing in this section affects the application of section	47046
2305.23, 2305.231, or 3313.712 of the Revised Code to the	47047
administration of emergency care or treatment to a student.	47048

~~Sec. 3313.174.~~ Sec. 3313.82. The board of education of each ~~city~~	47049
~~and exempted village~~ school district ~~and~~, the governing board of	47050
each educational service center, the governing authority of each	47051
community school established under Chapter 3314. of the Revised	47052
Code, and the governing body of each STEM school established under	47053
Chapter 3326. of the Revised Code shall appoint a business	47054
advisory council. The council shall advise and provide	47055
recommendations to the board, governing authority, or governing	47056
body on matters specified by the board, governing authority, or	47057
governing body including, but not necessarily limited to, the	47058
delineation of employment skills and the development of	47059
curriculum to instill these skills; changes in the economy and in	47060
the job market, and the types of employment in which future jobs	47061
are most likely to be available; coordination with the Ohio	47062
skills bank and university system of Ohio institutions;	47063
development of the response to and implementation of	47064
recommendations from a performance review conducted under section	47065
3306.32 of the Revised Code or a performance audit conducted under	47066
section 3316.042 of the Revised Code; and suggestions for	47067
developing a working relationship among businesses, labor	47068
organizations, and educational personnel in the district or in the	47069
territory ofserved by the educational service center, community	47070
school, or STEM school. Each board, governing authority, or	47071
governing body shall determine the membership and organization of	47072
its council, and annually shall report to the department of	47073
education the names of the council members. Notwithstanding	47074
~~division (D) of section 3311.19 and~~ division (D) of section	47075
3311.52 of the Revised Code, this section shall not apply to the	47076
board of education of ~~any joint vocational school district or~~ any	47077
cooperative education school district created pursuant to	47078
divisions (A) to (C) of section 3311.52 of the Revised Code.	47079

Sec. 3313.821. (A) The board of education of each school	47080
district, the governing authority of each community school	47081
established under Chapter 3314. of the Revised Code, and the	47082
governing body of each STEM school established under Chapter 3326.	47083
of the Revised Code shall appoint a family and community	47084
engagement team. Each team shall do the following:	47085

(1) Work with local county family and children first councils	47086
established under section 121.37 of the Revised Code to recommend	47087
to the board, governing authority, or governing body	47088
qualifications and responsibilities to be included in the job	47089
descriptions for school family and community engagement	47090
coordinators;	47091

(2) Develop five-year family and community engagement plans;

47092

(3) Provide annual progress reports on the development and	47093
implementation of the plan. The board, governing authority, or	47094
governing body shall submit the plan and annual progress reports	47095
to the county family and children first council.	47096

(4) Advise and provide recommendations to the board,	47097
governing authority, or governing body on matters specified by the	47098
board, governing authority, or governing body.	47099

(B) Each board, governing authority, and governing body shall	47100
determine the membership and organization of its family and	47101
community engagement team, provided that it shall include parents,	47102
community representatives, health and human service	47103
representatives, business representatives, and any other	47104
representatives identified by the board, governing authority, or	47105
governing body.	47106

(C) Notwithstanding section 3311.055, this section does not	47107
apply to the governing board of an educational service center.	47108

Sec. 3313.822. As an alternative to appointing both a	47109
business advisory council and a family and community engagement	47110
team, the board of education of a school district, the governing	47111
authority of a community school, and the governing body of a STEM	47112
school may appoint one committee that functions as both. A	47113
committee appointed under this section shall perform all functions	47114
required of a business advisory council under section 3313.82 of	47115
the Revised Code and of a family and community engagement team	47116
under section 3313.821 of the Revised Code. Each board, governing	47117
authority, and governing body shall determine the membership and	47118
organization of its committee, provided the membership shall	47119
comply with the requirements of division (B) of section 3313.821	47120
of the Revised Code.	47121

Sec. 3313.843. (A) Notwithstanding division (D) of section	47122
3311.52 of the Revised Code, this section does not apply to either	47123
of the following:	47124

(1) Any cooperative education school district;

47125

(2) Any city or exempted village school district with a total	47126
student count of thirteen thousand or more determined pursuant to	47127
section 3317.03 of the Revised Code that has not entered into one	47128
or more agreements pursuant to this section prior to July 1, 1993,	47129
unless the district's total student count did not exceed thirteen	47130
thousand at the time it entered into an initial agreement under	47131
this section.	47132

(B) The board of education of a city or exempted village	47133
school district and the governing board of an educational service	47134
center may enter into an agreement, through adoption of identical	47135
resolutions, under which the educational service center governing	47136
board will provide services to the city or exempted village school	47137
district.	47138

Services provided under the agreement shall be specified in	47139
the agreement, and may include any one or a combination of the	47140
following: supervisory teachers; in-service and continuing	47141
education programs for city or exempted village school district	47142
personnel; curriculum services as provided to the local school	47143
districts under the supervision of the service center governing	47144
board; research and development programs; academic instruction for	47145
which the governing board employs teachers pursuant to section	47146
3319.02 of the Revised Code; and assistance in the provision of	47147
special accommodations and classes for students with	47148
disabilities. Services included in the agreement shall be provided	47149
to the city or exempted village district in the same manner they	47150
are provided to local school districts under the governing board's	47151
supervision, unless otherwise specified in the agreement. The city	47152
or exempted village board of education shall reimburse the	47153
educational service center governing board pursuant to section	47154
3317.11 of the Revised Code.	47155

(C) If an educational service center received funding under	47156
division (B) of former section 3317.11 or division (F) of section	47157
3317.11 of the Revised Code for an agreement under this section	47158
involving a city school district whose total student count was	47159
less than thirteen thousand, the service center may continue to	47160
receive funding under that division for such an agreement in any	47161
subsequent year if the city district's total student count exceeds	47162
thirteen thousand. However, only the first thirteen thousand	47163
pupils in the formula ADM of such district shall be included in	47164
determining the amount of the per pupil subsidy the service center	47165
shall receive under division (F) of section 3317.11 of the Revised	47166
Code.	47167

(D) ~~Any~~If an educational service center that has received	47168
funding under division (F) of section 3317.11 of the Revised Code,	47169
or under division (B) of former section 3317.11 of the Revised	47170
Code as it existed prior to September 26, 2003, for services	47171
provided to a city or exempted village school district pursuant to	47172
an agreement entered into under this section is dissolved or is	47173
scheduled to be dissolved under section 3311.0510 of the Revised	47174
Code, the city or exempted village school district that entered	47175
into that agreement with the service center may enter into a new	47176
agreement under this section with another service center for the	47177
same or similar services. In that case, the other service center	47178
shall receive funding under division (F) of section 3317.11 of the	47179
Revised Code for services to that district for any subsequent year	47180
that the new agreement is in force. An agreement entered into	47181
under this division shall be effective on the first day of July	47182
following the date both the service center governing board and the	47183
city or exempted village school district board approved the	47184
agreement, unless the agreement is so approved after the initial	47185
service center is dissolved, in which case the agreement shall be	47186
effective on the date that both boards have approved the	47187
agreement.	47188

(E) Except for an agreement under division (D) of this	47189
section that is approved by the boards of the district and the new	47190
service center after the initial service center is dissolved, any	47191
agreement entered into pursuant to this section shall be valid	47192
only if a copy is filed with the department of education by the	47193
first day of the school year for which the agreement is in effect.	47194
An agreement under division (D) of this section that is approved	47195
by the boards of the district and the new service center after the	47196
initial service center is dissolved shall be valid only if a copy	47197
is filed with the department within ten days after both boards	47198
have approved the agreement.	47199

Sec. 3313.976. (A) No private school may receive scholarship	47200
payments from parents pursuant to section 3313.979 of the Revised	47201
Code until the chief administrator of the private school registers	47202
the school with the superintendent of public instruction. The	47203
state superintendent shall register any school that meets the	47204
following requirements:	47205

(1) The school is located within the boundaries of the pilot	47206
project school district;	47207

(2) The school indicates in writing its commitment to follow	47208
all requirements for a state-sponsored scholarship program	47209
specified under sections 3313.974 to 3313.979 of the Revised Code,	47210
including, but not limited to, the requirements for admitting	47211
students pursuant to section 3313.977 of the Revised Code;	47212

(3) The school meets all state minimum standards for	47213
chartered nonpublic schools in effect on July 1, 1992, except that	47214
the state superintendent at the superintendent's discretion may	47215
register nonchartered nonpublic schools meeting the other	47216
requirements of this division;	47217

(4) The school does not discriminate on the basis of race,	47218
religion, or ethnic background;	47219

(5) The school enrolls a minimum of ten students per class or	47220
a sum of at least twenty-five students in all the classes offered;	47221

(6) The school does not advocate or foster unlawful behavior	47222
or teach hatred of any person or group on the basis of race,	47223
ethnicity, national origin, or religion;	47224

(7) The school does not provide false or misleading	47225
information about the school to parents, students, or the general	47226
public;	47227

(8) For students in grades kindergarten through eight, the	47228
school agrees not to charge any tuition to low-income families	47229
receiving ninety per cent of the scholarship amount through the	47230
scholarship program, pursuant to division (A) of section 3313.978	47231
of the Revised Code, in excess of ten per cent of the scholarship	47232
amount established pursuant to division (C)(1) of section 3313.978	47233
of the Revised Code, excluding any increase described in division	47234
(C)(2) of that section. The school shall permit any such tuition,	47235
at the discretion of the parent, to be satisfied by the low-income	47236
family's provision of in-kind contributions or services.	47237

(9) For students in grades kindergarten through eight, the	47238
school agrees not to charge any tuition to low-income families	47239
receiving a seventy-five per cent scholarship amount through the	47240
scholarship program, pursuant to division (A) of section 3313.978	47241
of the Revised Code, in excess of the difference between the	47242
actual tuition charge of the school and seventy-five per cent of	47243
the scholarship amount established pursuant to division (C)(1) of	47244
section 3313.978 of the Revised Code, excluding any increase	47245
described in division (C)(2) of that section. The school shall	47246
permit such tuition, at the discretion of the parent, to be	47247
satisfied by the low-income family's provision of in-kind	47248
contributions or services.	47249

(10) The school agrees not to charge any tuition to families	47250
of students in grades nine through twelve receiving a scholarship	47251
in excess of the actual tuition charge of the school less	47252
seventy-five or ninety per cent of the scholarship amount	47253
established pursuant to division (C)(1) of section 3313.978 of the	47254
Revised Code, as applicable, excluding any increase described in	47255
division (C)(2) of that section.	47256

(11) Notwithstanding division (K) of section 3301.0711 of the	47257
Revised Code, the school annually administers the assessments	47258
prescribed by section 3301.0710 of the Revised Code to each	47259
scholarship student enrolled in the school in accordance with	47260
section 3301.0711 of the Revised Code and reports to the	47261
department of education the results of each such assessment	47262
administered to each scholarship student.	47263

(B) The state superintendent shall revoke the registration of	47264
any school if, after a hearing, the superintendent determines that	47265
the school is in violation of any of the provisions of division	47266
(A) of this section.	47267

(C) Any public school located in a school district adjacent	47268
to the pilot project district may receive scholarship payments on	47269
behalf of parents pursuant to section 3313.979 of the Revised Code	47270
if the superintendent of the district in which such public school	47271
is located notifies the state superintendent prior to the first	47272
day of March that the district intends to admit students from the	47273
pilot project district for the ensuing school year pursuant to	47274
section 3327.06 of the Revised Code.	47275

(D) Any parent wishing to purchase tutorial assistance from	47276
any person or governmental entity pursuant to the pilot project	47277
program under sections 3313.974 to 3313.979 of the Revised Code	47278
shall apply to the state superintendent. The state superintendent	47279
shall approve providers who appear to possess the capability of	47280
furnishing the instructional services they are offering to	47281
provide.	47282

Sec. 3313.978. (A) Annually by the first day of November,	47283
the superintendent of public instruction shall notify the pilot	47284
project school district of the number of initial scholarships that	47285
the state superintendent will be awarding in each of grades	47286
kindergarten through eight.	47287

The state superintendent shall provide information about the	47288
scholarship program to all students residing in the district,	47289
shall accept applications from any such students until such date	47290
as shall be established by the state superintendent as a deadline	47291
for applications, and shall establish criteria for the selection	47292
of students to receive scholarships from among all those applying	47293
prior to the deadline, which criteria shall give preference to	47294
students from low-income families. For each student selected, the	47295
state superintendent shall also determine whether the student	47296
qualifies for seventy-five or ninety per cent of the scholarship	47297
amount. Students whose family income is at or above two hundred	47298
per cent of the maximum income level established by the state	47299
superintendent for low-income families shall qualify for	47300
seventy-five per cent of the scholarship amount and students whose	47301
family income is below two hundred per cent of that maximum income	47302
level shall qualify for ninety per cent of the scholarship amount.	47303
The state superintendent shall notify students of their selection	47304
prior to the fifteenth day of January and whether they qualify for	47305
seventy-five or ninety per cent of the scholarship amount.	47306

(1) A student receiving a pilot project scholarship may	47307
utilize it at an alternative public school by notifying the	47308
district superintendent, at any time before the beginning of the	47309
school year, of the name of the public school in an adjacent	47310
school district to which the student has been accepted pursuant to	47311
section 3327.06 of the Revised Code.	47312

(2) A student may decide to utilize a pilot project	47313
scholarship at a registered private school in the district if all	47314
of the following conditions are met:	47315

(a) By the fifteenth day of February of the preceding school	47316
year, or at any time prior to the start of the school year, the	47317
parent makes an application on behalf of the student to a	47318
registered private school.	47319

(b) The registered private school notifies the parent and the	47320
state superintendent as follows that the student has been	47321
admitted:	47322

(i) By the fifteenth day of March of the preceding school	47323
year if the student filed an application by the fifteenth day of	47324
February and was admitted by the school pursuant to division (A)	47325
of section 3313.977 of the Revised Code;	47326

(ii) Within one week of the decision to admit the student if	47327
the student is admitted pursuant to division (C) of section	47328
3313.977 of the Revised Code.	47329

(c) The student actually enrolls in the registered private	47330
school to which the student was first admitted or in another	47331
registered private school in the district or in a public school in	47332
an adjacent school district.	47333

(B) The state superintendent shall also award in any school	47334
year tutorial assistance grants to a number of students equal to	47335
the number of students who receive scholarships under division (A)	47336
of this section. Tutorial assistance grants shall be awarded	47337
solely to students who are enrolled in the public schools of the	47338
district in a grade level covered by the pilot project. Tutorial	47339
assistance grants may be used solely to obtain tutorial assistance	47340
from a provider approved pursuant to division (D) of section	47341
3313.976 of the Revised Code.	47342

All students wishing to obtain tutorial assistance grants	47343
shall make application to the state superintendent by the first	47344
day of the school year in which the assistance will be used. The	47345
state superintendent shall award assistance grants in accordance	47346
with criteria the superintendent shall establish. For each student	47347
awarded a grant, the state superintendent shall also determine	47348
whether the student qualifies for seventy-five or ninety per cent	47349
of the grant amount and so notify the student. Students whose	47350
family income is at or above two hundred per cent of the maximum	47351
income level established by the state superintendent for	47352
low-income families shall qualify for seventy-five per cent of the	47353
grant amount and students whose family income is below two hundred	47354
per cent of that maximum income level shall qualify for ninety per	47355
cent of the grant amount.	47356

(C)(1) In the case of basic scholarships for students in	47357
grades kindergarten through eight, the scholarship amount shall	47358
not exceed the lesser of the tuition charges of the alternative	47359
school the scholarship recipient attends or three thousand	47360
dollars before fiscal year 2007 and three thousand four hundred	47361
fifty dollars in fiscal year 2007 and thereafter.	47362

In the case of basic scholarships for students in grades nine	47363
through twelve, the scholarship amount shall not exceed the lesser	47364
of the tuition charges of the alternative school the scholarship	47365
recipient attends or two thousand seven hundred dollars before	47366
fiscal year 2007 and three thousand four hundred fifty dollars in	47367
fiscal year 2007 and thereafter.	47368

(2) The state superintendent shall provide for an increase in	47369
the basic scholarship amount in the case of any student who is a	47370
mainstreamed student with a disability and shall further increase	47371
such amount in the case of any separately educated student with a	47372
disability. Such increases shall take into account the	47373
instruction, related services, and transportation costs of	47374
educating such students.	47375

(3) In the case of tutorial assistance grants, the grant	47376
amount shall not exceed the lesser of the provider's actual	47377
charges for such assistance or:	47378

(a) Before fiscal year 2007, a percentage established by the	47379
state superintendent, not to exceed twenty per cent, of the amount	47380
of the pilot project school district's average basic scholarship	47381
amount;	47382

(b) In fiscal year 2007 and thereafter, four hundred dollars.

47383

(4) No scholarship or tutorial assistance grant shall be	47384
awarded unless the state superintendent determines that	47385
twenty-five or ten per cent, as applicable, of the amount	47386
specified for such scholarship or grant pursuant to division	47387
(C)(1), (2), or (3) of this section will be furnished by a	47388
political subdivision, a private nonprofit or for profit entity,	47389
or another person. Only seventy-five or ninety per cent of such	47390
amounts, as applicable, shall be paid from state funds pursuant to	47391
section 3313.979 of the Revised Code.	47392

(D)(1) Annually by the first day of November, the state	47393
superintendent shall estimate the maximum per-pupil scholarship	47394
amounts for the ensuing school year. The state superintendent	47395
shall make this estimate available to the general public at the	47396
offices of the district board of education together with the forms	47397
required by division (D)(2) of this section.	47398

(2) Annually by the fifteenth day of January, the chief	47399
administrator of each registered private school located in the	47400
pilot project district and the principal of each public school in	47401
such district shall complete a parental information form and	47402
forward it to the president of the board of education. The	47403
parental information form shall be prescribed by the department of	47404
education and shall provide information about the grade levels	47405
offered, the numbers of students, tuition amounts, achievement	47406
test results, and any sectarian or other organizational	47407
affiliations.	47408

(E)(1) Only for the purpose of administering the pilot	47409
project scholarship program, the department may request from any	47410
of the following entities the data verification code assigned	47411
under division (D)(2) of section 3301.0714 of the Revised Code to	47412
any student who is seeking a scholarship under the program:	47413

(a) The school district in which the student is entitled to	47414
attend school under section 3313.64 or 3313.65 of the Revised	47415
Code;	47416

(b) If applicable, the community school in which the student	47417
is enrolled;	47418

(c) The independent contractor engaged to create and maintain	47419
data verification codes.	47420

(2) Upon a request by the department under division (E)(1) of	47421
this section for the data verification code of a student seeking a	47422
scholarship or a request by the student's parent for that code,	47423
the school district or community school shall submit that code to	47424
the department or parent in the manner specified by the	47425
department. If the student has not been assigned a code, because	47426
the student will be entering kindergarten during the school year	47427
for which the scholarship is sought, the district shall assign a	47428
code to that student and submit the code to the department or	47429
parent by a date specified by the department. If the district does	47430
not assign a code to the student by the specified date, the	47431
department shall assign a code to the student.	47432

The department annually shall submit to each school district	47433
the name and data verification code of each student residing in	47434
the district who is entering kindergarten, who has been awarded a	47435
scholarship under the program, and for whom the department has	47436
assigned a code under this division.	47437

(3) The department shall not release any data verification	47438
code that it receives under division (E) of this section to any	47439
person except as provided by law.	47440

(F) Any document relative to the pilot project scholarship	47441
program that the department holds in its files that contains both	47442
a student's name or other personally identifiable information and	47443
the student's data verification code shall not be a public record	47444
under section 149.43 of the Revised Code.	47445

(G)(1) The department annually shall compile the scores	47446
attained by scholarship students enrolled in registered private	47447
schools on the assessments administered to the students pursuant	47448
to division (A)(11) of section 3313.976 of the Revised Code. The	47449
scores shall be aggregated as follows:	47450

(a) By school district, which shall include all scholarship	47451
students residing in the pilot project school district who are	47452
enrolled in a registered private school and were required to take	47453
an assessment pursuant to division (A)(11) of section 3313.976 of	47454
the Revised Code;	47455

(b) By registered private school, which shall include all	47456
scholarship students enrolled in that school who were required to	47457
take an assessment pursuant to division (A)(11) of section	47458
3313.976 of the Revised Code.	47459

(2) The department shall disaggregate the student performance	47460
data described in division (G)(1) of this section according to the	47461
following categories:	47462

(a) Age;

47463

(b) Race and ethnicity;

47464

47465

(d) Students who have participated in the scholarship program	47466
for three or more years;	47467

(e) Students who have participated in the scholarship program	47468
for more than one year and less than three years;	47469

(f) Students who have participated in the scholarship program	47470
for one year or less;	47471

(g) Economically disadvantaged students.

47472

(3) The department shall post the student performance data	47473
required under divisions (G)(1) and (2) of this section on its web	47474
site and shall include that data in the information about the	47475
scholarship program provided to students under division (A) of	47476
this section. In reporting student performance data under this	47477
division, the department shall not include any data that is	47478
statistically unreliable or that could result in the	47479
identification of individual students. For this purpose, the	47480
department shall not report performance data for any group that	47481
contains less than ten students.	47482

(4) The department shall provide the parent of each	47483
scholarship student enrolled in a registered private school with	47484
information comparing the student's performance on the assessments	47485
administered pursuant to division (A)(11) of section 3313.976 of	47486
the Revised Code with the average performance of similar students	47487
enrolled in the building operated by the pilot project school	47488
district that the scholarship student would otherwise attend. In	47489
calculating the performance of similar students, the department	47490
shall consider age, grade, race and ethnicity, gender, and	47491
socioeconomic status.	47492

Sec. 3313.98. Notwithstanding division (D) of section	47493
3311.19 and division (D) of section 3311.52 of the Revised Code,	47494
the provisions of this section and sections 3313.981 to 3313.983	47495
of the Revised Code that apply to a city school district do not	47496
apply to a joint vocational or cooperative education school	47497
district unless expressly specified.	47498

(A) As used in this section and sections 3313.981 to 3313.983	47499
of the Revised Code:	47500

(1) "Parent" means either of the natural or adoptive parents	47501
of a student, except under the following conditions:	47502

(a) When the marriage of the natural or adoptive parents of	47503
the student has been terminated by a divorce, dissolution of	47504
marriage, or annulment or the natural or adoptive parents of the	47505
student are living separate and apart under a legal separation	47506
decree and the court has issued an order allocating the parental	47507
rights and responsibilities with respect to the student, "parent"	47508
means the residential parent as designated by the court except	47509
that "parent" means either parent when the court issues a shared	47510
parenting decree.	47511

(b) When a court has granted temporary or permanent custody	47512
of the student to an individual or agency other than either of the	47513
natural or adoptive parents of the student, "parent" means the	47514
legal custodian of the child.	47515

(c) When a court has appointed a guardian for the student,	47516
"parent" means the guardian of the student.	47517

(2) "Native student" means a student entitled under section	47518
3313.64 or 3313.65 of the Revised Code to attend school in a	47519
district adopting a resolution under this section.	47520

(3) "Adjacent district" means a city, exempted village, or	47521
local school district having territory that abuts the territory of	47522
a district adopting a resolution under this section.	47523

(4) "Adjacent district student" means a student entitled	47524
under section 3313.64 or 3313.65 of the Revised Code to attend	47525
school in an adjacent district.	47526

(5) "Adjacent district joint vocational student" means an	47527
adjacent district student who enrolls in a city, exempted village,	47528
or local school district pursuant to this section and who also	47529
enrolls in a joint vocational school district that does not	47530
contain the territory of the district for which that student is a	47531
native student and does contain the territory of the city,	47532
exempted village, or local district in which the student enrolls.	47533

(6) ~~"Formula amount" has the same meaning as in section~~	47534
~~3317.02 of the Revised Code.~~	47535

~~(7) "Adjusted formula amount" means the sum of the formula~~	47536
~~amount plus the per pupil amount of the base funding supplements~~	47537
~~specified in divisions (C)(1) to (4) of section 3317.012~~	47538
"Formula ADM" has the same meaning as in section 3317.02 of the	47539
Revised Code.	47540

~~(8)~~(7) "Poverty line" means the poverty line established by	47541
the director of the United States office of management and budget	47542
as revised by the director of the office of community services in	47543
accordance with section 673(2) of the "Community Services Block	47544
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.	47545

~~(9)~~(8) "IEP" has the same meaning as in section 3323.01 of	47546
the Revised Code.	47547

~~(10)~~(9) "Other district" means a city, exempted village, or	47548
local school district having territory outside of the territory of	47549
a district adopting a resolution under this section.	47550

~~(11)~~(10) "Other district student" means a student entitled	47551
under section 3313.64 or 3313.65 of the Revised Code to attend	47552
school in an other district.	47553

~~(12)~~(11) "Other district joint vocational student" means a	47554
student who is enrolled in any city, exempted village, or local	47555
school district and who also enrolls in a joint vocational school	47556
district that does not contain the territory of the district for	47557
which that student is a native student in accordance with a policy	47558
adopted under section 3313.983 of the Revised Code.	47559

(B)(1) The board of education of each city, local, and	47560
exempted village school district shall adopt a resolution	47561
establishing for the school district one of the following	47562
policies:	47563

(a) A policy that entirely prohibits the enrollment of	47564
students from adjacent districts or other districts, other than	47565
students for whom tuition is paid in accordance with section	47566
3317.08 of the Revised Code;	47567

(b) A policy that permits enrollment of students from all	47568
adjacent districts in accordance with policy statements contained	47569
in the resolution;	47570

(c) A policy that permits enrollment of students from all	47571
other districts in accordance with policy statements contained in	47572
the resolution.	47573

(2) A policy permitting enrollment of students from adjacent	47574
or from other districts, as applicable, shall provide for all of	47575
the following:	47576

(a) Application procedures, including deadlines for	47577
application and for notification of students and the	47578
superintendent of the applicable district whenever an adjacent or	47579
other district student's application is approved.	47580

(b) Procedures for admitting adjacent or other district	47581
applicants free of any tuition obligation to the district's	47582
schools, including, but not limited to:	47583

(i) The establishment of district capacity limits by grade	47584
level, school building, and education program;	47585

(ii) A requirement that all native students wishing to be	47586
enrolled in the district will be enrolled and that any adjacent or	47587
other district students previously enrolled in the district shall	47588
receive preference over first-time applicants;	47589

(iii) Procedures to ensure that an appropriate racial balance	47590
is maintained in the district schools.	47591

(C) Except as provided in section 3313.982 of the Revised	47592
Code, the procedures for admitting adjacent or other district	47593
students, as applicable, shall not include:	47594

(1) Any requirement of academic ability, or any level of	47595
athletic, artistic, or other extracurricular skills;	47596

(2) Limitations on admitting applicants because of	47597
disability, except that a board may refuse to admit a student	47598
receiving services under Chapter 3323. of the Revised Code, if	47599
the services described in the student's IEP are not available in	47600
the district's schools;	47601

(3) A requirement that the student be proficient in the	47602
English language;	47603

(4) Rejection of any applicant because the student has been	47604
subject to disciplinary proceedings, except that if an applicant	47605
has been suspended or expelled by the student's district for ten	47606
consecutive days or more in the term for which admission is sought	47607
or in the term immediately preceding the term for which admission	47608
is sought, the procedures may include a provision denying	47609
admission of such applicant.	47610

(D)(1) Each school board permitting only enrollment of	47611
adjacent district students shall provide information about the	47612
policy adopted under this section, including the application	47613
procedures and deadlines, to the superintendent and the board of	47614
education of each adjacent district and, upon request, to the	47615
parent of any adjacent district student.	47616

(2) Each school board permitting enrollment of other district	47617
students shall provide information about the policy adopted under	47618
this section, including the application procedures and deadlines,	47619
upon request, to the board of education of any other school	47620
district or to the parent of any student anywhere in the state.	47621

(E) Any school board shall accept all credits toward	47622
graduation earned in adjacent or other district schools by an	47623
adjacent or other district student or a native student.	47624

(F)(1) No board of education may adopt a policy discouraging	47625
or prohibiting its native students from applying to enroll in the	47626
schools of an adjacent or any other district that has adopted a	47627
policy permitting such enrollment, except that:	47628

(a) A district may object to the enrollment of a native	47629
student in an adjacent or other district in order to maintain an	47630
appropriate racial balance.	47631

(b) The board of education of a district receiving funds	47632
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	47633
may adopt a resolution objecting to the enrollment of its native	47634
students in adjacent or other districts if at least ten per cent	47635
of its students are included in the determination of the United	47636
States secretary of education made under section 20 U.S.C.A.	47637
238(a).	47638

(2) If a board objects to enrollment of native students under	47639
this division, any adjacent or other district shall refuse to	47640
enroll such native students unless tuition is paid for the	47641
students in accordance with section 3317.08 of the Revised Code.	47642
~~An adjacent or other district enrolling such students may not~~	47643
~~receive funding for those students in accordance with section~~	47644
~~3313.981 of the Revised Code.~~	47645

(G) The state board of education shall monitor school	47646
districts to ensure compliance with this section and the	47647
districts' policies. The board may adopt rules requiring uniform	47648
application procedures, deadlines for application, notification	47649
procedures, and record-keeping requirements for all school boards	47650
that adopt policies permitting the enrollment of adjacent or other	47651
district students, as applicable. If the state board adopts such	47652
rules, no school board shall adopt a policy that conflicts with	47653
those rules.	47654

(H) A resolution adopted by a board of education under this	47655
section that entirely prohibits the enrollment of students from	47656
adjacent and from other school districts does not abrogate any	47657
agreement entered into under section 3313.841 or 3313.92 of the	47658
Revised Code or any contract entered into under section 3313.90 of	47659
the Revised Code between the board of education adopting the	47660
resolution and the board of education of any adjacent or other	47661
district or prohibit these boards of education from entering into	47662
any such agreement or contract.	47663

(I) Nothing in this section shall be construed to permit or	47664
require the board of education of a city, exempted village, or	47665
local school district to exclude any native student of the	47666
district from enrolling in the district.	47667

Sec. 3313.981. (A) The state board of education shall adopt	47668
rules requiring all of the following:	47669

(1) The board of education of each city, exempted village,	47670
and local school district to annually report to the department of	47671
education all of the following:	47672

(a) The number of adjacent district or other district	47673
students, as applicable, and adjacent district or other district	47674
joint vocational students, as applicable, enrolled in the district	47675
and the number of native students enrolled in adjacent or other	47676
districts, in accordance with a policy adopted under division (B)	47677
of section 3313.98 of the Revised Code;	47678

(b) Each adjacent district or other district student's or	47679
adjacent district or other district joint vocational student's	47680
date of enrollment in the district;	47681

(c) The full-time equivalent number of adjacent district or	47682
other district students enrolled in vocational education programs	47683
or classes described in division (A) of section 3317.014 of the	47684
Revised Code and the full-time equivalent number of such students	47685
enrolled in vocational education programs or classes described in	47686
division (B) of that section;	47687

(d) Each native student's date of enrollment in an adjacent	47688
or other district.	47689

(2) The board of education of each joint vocational school	47690
district to annually report to the department all of the	47691
following:	47692

(a) The number of adjacent district or other district joint	47693
vocational students, as applicable, enrolled in the district;	47694

(b) The full-time equivalent number of adjacent district or	47695
other district joint vocational students enrolled in vocational	47696
education programs or classes described in division (A) of section	47697
3317.014 of the Revised Code and the full-time equivalent number	47698
of such students enrolled in vocational education programs or	47699
classes described in division (B) of that section;	47700

(c) For each adjacent district or other district joint	47701
vocational student, the city, exempted village, or local school	47702
district in which the student is also enrolled.	47703

(3) Prior to the first full school week in October each year,	47704
the superintendent of each city, local, or exempted village school	47705
district that admits adjacent district or other district students	47706
or adjacent district or other district joint vocational students	47707
in accordance with a policy adopted under division (B) of section	47708
3313.98 of the Revised Code to notify each adjacent or other	47709
district where those students are entitled to attend school under	47710
section 3313.64 or 3313.65 of the Revised Code of the number of	47711
the adjacent or other district's native students who are enrolled	47712
in the superintendent's district under the policy.	47713

The rules shall provide for the method of counting students	47714
who are enrolled for part of a school year in an adjacent or other	47715
district or as an adjacent district or other district joint	47716
vocational student.	47717

(B) ~~From the payments made to a city, exempted village, or~~	47718
~~local school district under Chapter 3317. of the Revised Code, the~~	47719
~~department of education shall annually subtract both of the~~	47720
~~following:~~	47721

~~(1) An amount equal to the number of the district's native~~	47722
~~students reported under division (A)(1) of this section who are~~	47723
~~enrolled in adjacent or other school districts pursuant to~~	47724
~~policies adopted by such districts under division (B) of section~~	47725
~~3313.98 of the Revised Code multiplied by the adjusted formula~~	47726
~~amount for the district;~~	47727

~~(2) The excess costs computed in accordance with division (E)~~	47728
~~of this section for any such native students receiving special~~	47729
~~education and related services in adjacent or other school~~	47730
~~districts or as an adjacent district or other district joint~~	47731
~~vocational student;~~	47732

~~(3) For the full-time equivalent number of the district's~~	47733
~~native students reported under division (A)(1)(c) or (2)(b) of~~	47734
~~this section as enrolled in vocational education programs or~~	47735
~~classes described in section 3317.014 of the Revised Code, an~~	47736
~~amount equal to the formula amount times the applicable multiple~~	47737
~~prescribed by that section.~~	47738

~~(C) To the payments made to a city, exempted village, or~~	47739
~~local school district under Chapter 3317. of the Revised Code, the~~	47740
~~department of education shall annually add all of the following:~~	47741

~~(1) An amount equal to the adjusted formula amount for the~~	47742
~~district multiplied by the remainder obtained by subtracting the~~	47743
~~number of adjacent district or other district joint vocational~~	47744
~~students from the number of adjacent district or other district~~	47745
~~students enrolled in the district, as reported under division~~	47746
~~(A)(1) of this section;~~	47747

~~(2) The excess costs computed in accordance with division (E)~~	47748
~~of this section for any adjacent district or other district~~	47749
~~students, except for any adjacent or other district joint~~	47750
~~vocational students, receiving special education and related~~	47751
~~services in the district;~~	47752

~~(3) For the full-time equivalent number of the adjacent or~~	47753
~~other district students who are not adjacent district or other~~	47754
~~district joint vocational students and are reported under division~~	47755
~~(A)(1)(c) of this section as enrolled in vocational education~~	47756
~~programs or classes described in section 3317.014 of the Revised~~	47757
~~Code, an amount equal to the formula amount times the applicable~~	47758
~~multiple prescribed by that section;~~	47759

~~(4) An amount equal to the number of adjacent district or~~	47760
~~other district joint vocational students reported under division~~	47761
~~(A)(1) of this section multiplied by an amount equal to twenty per~~	47762
~~cent of the adjusted formula amount for the district.~~	47763

~~(D) To the payments made to a joint vocational school~~	47764
~~district under Chapter 3317. of the Revised Code, the department~~	47765
~~of education shall add, for each adjacent district or other~~	47766
~~district joint vocational student reported under division (A)(2)~~	47767
~~of this section, both of the following:~~	47768

~~(1) An amount equal to the adjusted formula amount of the~~	47769
~~city, exempted village, or local school district in which the~~	47770
~~student is also enrolled;~~	47771

~~(2) An amount equal to the full-time equivalent number of~~	47772
~~students reported pursuant to division (A)(2)(b) of this section~~	47773
~~times the formula amount times the applicable multiple prescribed~~	47774
~~by section 3317.014 of the Revised Code~~Each student enrolled in a	47775
school of an adjacent or other district under an open enrollment	47776
policy adopted under section 3313.98 of the Revised Code shall be	47777
counted in the formula ADM of the district in which the student	47778
is enrolled and not in the formula ADM of the district in which	47779
the student is entitled to attend school under section 3313.64 or	47780
3313.65 of the Revised Code. Accordingly, the district in which	47781
the student is enrolled shall be credited with state funds for	47782
the student under Chapters 3306. and 3317. of the Revised Code.	47783

~~(E)~~(C)(1) A city, exempted village, or local school district	47784
board providing special education and related services to an	47785
adjacent or other district student in accordance with an IEP	47786
shall, pursuant to rules of the state board, compute the excess	47787
costs to educate such student ~~as follows:~~	47788

~~(a) Subtract the adjusted formula amount for the district~~by	47789
subtracting from the actual costs to educate the student;	47790

~~(b) From the amount computed under division (E)(1)(a) of this~~	47791
~~section subtract~~ the amount of any funds received by the district	47792
under ~~Chapter~~Chapters 3306. and 3317. of the Revised Code to	47793
provide special education and related services to the student.	47794

(2) The board shall report the excess costs computed under	47795
this division to the department of education.	47796

(3) If any student for whom excess costs are computed under	47797
division ~~(E)~~(C)(1) of this section is an adjacent or other	47798
district joint vocational student, the department of education	47799
shall add the amount of such excess costs to the payments made	47800
under ~~Chapter~~Chapters 3306. and 3317. of the Revised Code to the	47801
joint vocational school district enrolling the student.	47802

~~(F) As provided in division (D)(1)(b) of section 3317.03 of~~	47803
~~the Revised Code, no joint vocational school district shall count~~	47804
~~any adjacent or other district joint vocational student enrolled~~	47805
~~in the district in its formula ADM certified under section 3317.03~~	47806
~~of the Revised Code.~~	47807

~~(G) No city, exempted village, or local school district shall~~	47808
~~receive a payment under division (C) of this section for a~~	47809
~~student, and no joint vocational school district shall receive a~~	47810
~~payment under division (D) of this section for a student, if for~~	47811
~~the same school year that student is counted in the district's~~	47812
~~formula ADM certified under section 3317.03 of the Revised Code.~~	47813

~~(H)~~(D) Upon request of a parent, and provided the board	47814
offers transportation to native students of the same grade level	47815
and distance from school under section 3327.01 of the Revised	47816
Code, a city, exempted village, or local school board enrolling an	47817
adjacent or other district student shall provide transportation	47818
for the student within the boundaries of the board's district,	47819
except that the board shall be required to pick up and drop off a	47820
nonhandicapped student only at a regular school bus stop	47821
designated in accordance with the board's transportation policy.	47822
Pursuant to rules of the state board of education, such board may	47823
reimburse the parent from funds received under ~~division (D) of~~	47824
section ~~3317.022~~3306.12 of the Revised Code for the reasonable	47825
cost of transportation from the student's home to the designated	47826
school bus stop if the student's family has an income below the	47827
federal poverty line.	47828

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	47829
the superintendent of public instruction shall appoint	47830
representatives of the department of education, including	47831
employees who work with the education management information	47832
system and employees of the office of community schools	47833
established by section 3314.11 of the Revised Code, to a committee	47834
to develop report card models for community schools. The director	47835
of the legislative office of education oversight shall also	47836
appoint representatives to the committee. The committee shall	47837
design model report cards appropriate for the various types of	47838
community schools approved to operate in the state. Sufficient	47839
models shall be developed to reflect the variety of grade levels	47840
served and the missions of the state's community schools. All	47841
models shall include both financial and academic data. The initial	47842
models shall be developed by March 31, 2000.	47843

(B) The department of education shall issue an annual report	47844
card for each community school, regardless of how long the school	47845
has been in operation. The report card shall report the academic	47846
and financial performance of the school utilizing one of the	47847
models developed under division (A) of this section. The report	47848
card shall include all information applicable to school buildings	47849
under division (A) of section 3302.03 of the Revised Code ~~and~~	47850
~~section 3302.032 of the Revised Code~~.	47851

(C) Upon receipt of a copy of a contract between a sponsor	47852
and a community school entered into under this chapter, the	47853
department of education shall notify the community school of the	47854
specific model report card that will be used for that school.	47855

(D) Report cards shall be distributed to the parents of all	47856
students in the community school, to the members of the board of	47857
education of the school district in which the community school is	47858
located, and to any person who requests one from the department.	47859

~~(E) No report card shall be issued for any community school~~	47860
~~under this section until the school has been open for instruction~~	47861
~~for two full school years.~~	47862

Sec. 3314.015. (A) The department of education shall be	47863
responsible for the oversight of any and all sponsors of the	47864
community schools established under this chapter and shall provide	47865
technical assistance to schools and sponsors in their compliance	47866
with applicable laws and the terms of the contracts entered into	47867
under section 3314.03 of the Revised Code and in the development	47868
and start-up activities of those schools. In carrying out its	47869
duties under this section, the department shall do all of the	47870
following:	47871

(1) In providing technical assistance to proposing parties,	47872
governing authorities, and sponsors, conduct training sessions and	47873
distribute informational materials;	47874

(2) Approve entities to be sponsors of community schools ~~and~~	47875
~~monitor~~;	47876

(3) Monitor the effectiveness of ~~those~~any and all sponsors	47877
in their oversight of the schools with which they have contracted;	47878

~~(3)~~(4) By December thirty-first of each year, issue a report	47879
to the governor, the speaker of the house of representatives, the	47880
president of the senate, and the chairpersons of the house and	47881
senate committees principally responsible for education matters	47882
regarding the effectiveness of academic programs, operations, and	47883
legal compliance and of the financial condition of all community	47884
schools established under this chapter and on the performance of	47885
community school sponsors;	47886

~~(4)~~(5) From time to time, make legislative recommendations to	47887
the general assembly designed to enhance the operation and	47888
performance of community schools.	47889

(B)(1) NoExcept as provided in sections 3314.021 and	47890
3314.027 of the Revised Code, no entity listed in division (C)(1)	47891
of section 3314.02 of the Revised Code shall enter into a	47892
preliminary agreement under division (C)(2) of section 3314.02 of	47893
the Revised Code until it has received approval from the	47894
department of education to sponsor community schools under this	47895
chapter and has entered into a written agreement with the	47896
department regarding the manner in which the entity will conduct	47897
such sponsorship. The department shall adopt in accordance with	47898
Chapter 119. of the Revised Code rules containing criteria,	47899
procedures, and deadlines for processing applications for such	47900
approval, for oversight of sponsors, for revocation of the	47901
approval of sponsors, and for entering into written agreements	47902
with sponsors. The rules shall require an entity to submit	47903
evidence of the entity's ability and willingness to comply with	47904
the provisions of division (D) of section 3314.03 of the Revised	47905
Code. The rules also shall require entities approved as sponsors	47906
on and after June 30, 2005, to demonstrate a record of financial	47907
responsibility and successful implementation of educational	47908
programs. If an entity seeking approval on or after June 30,	47909
2005, to sponsor community schools in this state sponsors or	47910
operates schools in another state, at least one of the schools	47911
sponsored or operated by the entity must be comparable to or	47912
better than the performance of Ohio schools in need of	47913
continuous improvement under section 3302.03 of the Revised	47914
Code, as determined by the department.	47915

(2) An entity that sponsors community schools may enter into	47916
preliminary agreements and sponsor schools as follows, provided	47917
each school and the contract for sponsorship meets the	47918
requirements of this chapter:	47919

(a) An entity that sponsored fifty or fewer schools that were	47920
open for operation as of May 1, 2005, may sponsor not more than	47921
fifty schools.	47922

(b) An entity that sponsored more than fifty but not more	47923
than seventy-five schools that were open for operation as of May	47924
1, 2005, may sponsor not more than the number of schools the	47925
entity sponsored that were open for operation as of May 1, 2005.	47926

(c) Until June 30, 2006, an entity that sponsored more than	47927
seventy-five schools that were open for operation as of May 1,	47928
2005, may sponsor not more than the number of schools the entity	47929
sponsored that were open for operation as of May 1, 2005. After	47930
June 30, 2006, such an entity may sponsor not more than	47931
seventy-five schools.	47932

~~Upon approval of an entity to be a sponsor under this~~	47933
~~division, the~~The department shall notify ~~the~~each entity of the	47934
number of schools the entity may sponsor.	47935

Notwithstanding the limits imposed by division (B)(2) of this	47936
section, no entity shall initially enter into a contract with a	47937
school under section 3314.03 of the Revised Code if more than	47938
thirty-three per cent of the Ohio schools currently sponsored by	47939
the entity have a performance rating of academic watch or	47940
academic emergency under section 3302.03 of the Revised Code.	47941

The limit imposed on an entity ~~to which~~by division (B)~~(1)~~(2)	47942
of this section ~~applies~~ shall be decreased by one for each school	47943
sponsored by the entity that permanently closes.	47944

If at any time an entity exceeds the number of schools it may	47945
sponsor under this division, the department shall assist the	47946
schools in excess of the entity's limit in securing new sponsors.	47947
If a school is unable to secure a new sponsor, the department	47948
shall assume sponsorship of the school in accordance with division	47949
(C) of this section. Those schools for which another sponsor or	47950
the department assumes sponsorship shall be the schools that most	47951
recently entered into contracts with the entity under section	47952
3314.03 of the Revised Code.	47953

~~(2)~~(3) The department of education shall determine, pursuant	47954
to criteria adopted by rule of the department, whether the mission	47955
proposed to be specified in the contract of a community school to	47956
be sponsored by a state university board of trustees or the	47957
board's designee under division (C)(1)(e) of section 3314.02 of	47958
the Revised Code complies with the requirements of that division.	47959
Such determination of the department is final.	47960

~~(3)~~(4) The department of education shall determine, pursuant	47961
to criteria adopted by rule of the department, if any tax-exempt	47962
entity under section 501(c)(3) of the Internal Revenue Code that	47963
is proposed to be a sponsor of a community school is an	47964
education-oriented entity for purpose of satisfying the condition	47965
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	47966
Revised Code. Such determination of the department is final.	47967

(C) If at any time the state board of education finds that a	47968
sponsor is not in compliance or is no longer willing to comply	47969
with its contract with any community school or with the	47970
department's rules for sponsorship, the state board or designee	47971
shall conduct a hearing in accordance with Chapter 119. of the	47972
Revised Code on that matter. If after the hearing, the state board	47973
or designee has confirmed the original finding, the department of	47974
education may revoke the sponsor's ~~approval~~authority to sponsor	47975
community schools and may assume the sponsorship of any schools	47976
with which the sponsor has contracted until the earlier of the	47977
expiration of two school years or until a new sponsor as	47978
described in division (C)(1) of section 3314.02 of the Revised	47979
Code is secured by the school's governing authority. The	47980
department may extend the term of the contract in the case of a	47981
school for which it has assumed sponsorship under this division	47982
as necessary to accommodate the term of the department's	47983
authorization to sponsor the school specified in this division.	47984

(D)(1) The department may declare any sponsor, including any	47985
sponsor that is exempt pursuant to section 3314.021 or 3314.027 of	47986
the Revised Code from obtaining the department's initial approval	47987
to sponsor, to be in a probationary status if at any time the	47988
sponsor has failed to take any of the following actions, which	47989
actions the department determines are warranted:	47990

(a) Take steps to intervene in a school's operation to	47991
correct problems in the school's performance, including the	47992
monitoring and enforcement of the implementation of a school's	47993
corrective action plan required by the department;	47994

(b) Declare a school to be in a probationary status pursuant	47995
to section 3314.073 of the Revised Code;	47996

(c) Suspend the operation of a school pursuant to section	47997
3314.072 of the Revised Code;	47998

(d) Terminate a school's contract pursuant to section 3314.07	47999
of the Revised Code.	48000

(2) If the department declares a sponsor to be in a	48001
probationary status, the department shall send a written	48002
notification stating the department's declaration, the length of	48003
the probationary status, the reasons for the declaration, and a	48004
requirement that the sponsor submit to the department an offer of	48005
reasonable remedies within ten business days after the date of the	48006
department's notice to the sponsor. If the department finds the	48007
remedies offered by the sponsor satisfactory, the sponsor shall	48008
take the actions necessary to implement them. The department shall	48009
monitor the sponsor's actions to implement the remedies.	48010

(3) If the department finds that the remedies offered by the	48011
sponsor under division (D)(2) of this section are not	48012
satisfactory, or if the department finds that the sponsor is not	48013
taking the actions necessary to implement those remedies, the	48014
department may suspend the sponsor's authority to sponsor schools	48015
or may partially restrict the sponsor's authority to sponsor	48016
schools by limiting the geographic territory within which the	48017
sponsor may sponsor schools, reducing the number of schools the	48018
sponsor may sponsor, or restricting the types of schools the	48019
sponsor may sponsor. The department also may require the sponsor	48020
to submit additional reports above and beyond those otherwise	48021
required by law.	48022

(4) If the department suspends or restricts a sponsor's	48023
authority to sponsor schools under division (D)(3) of this	48024
section, the department shall assign another sponsor that is	48025
approved by the department and that agrees to do so to sponsor any	48026
school affected by the suspension or restriction until the	48027
department rescinds the suspension or restriction, another	48028
permanent sponsor is secured, or the school's contract under	48029
section 3314.03 of the Revised Code expires, whichever occurs	48030
first.	48031

(E) The decision of the department to disapprove an entity	48032
for sponsorship of a community school or, to revoke ~~approval~~	48033
authority for such sponsorship~~, as provided in~~under division (C)	48034
of this section, or to suspend or restrict an entity's authority	48035
to sponsor schools under division (D) of this section, may be	48036
appealed by the entity in accordance with section 119.12 of the	48037
Revised Code.	48038

~~(E)~~(F) The department shall adopt procedures for use by a	48039
community school governing authority and sponsor when the school	48040
permanently closes and ceases operation, which shall include at	48041
least procedures for data reporting to the department, handling of	48042
student records, distribution of assets in accordance with section	48043
3314.074 of the Revised Code, and other matters related to ceasing	48044
operation of the school.	48045

~~(F)~~(G) In carrying out its duties under this chapter, the	48046
department shall not impose requirements on community schools or	48047
their sponsors that are not permitted by law or duly adopted	48048
rules.	48049

Sec. 3314.016. (A) After June 30, 2007, a new start-up	48050
school may be established under this chapter only if the school's	48051
governing authority enters into a contract with an operator that	48052
manages other schools in the United States that perform at a level	48053
higher than academic watch. The governing authority of the	48054
community school may sign a contract with an operator only if the	48055
operator has fewer contracts with the governing authorities of new	48056
start-up schools established under this chapter after June 30,	48057
2007, than the number of schools managed by the operator in the	48058
United States that perform at a level higher than academic watch,	48059
as determined by the department of education. However, the	48060
governing authority shall not contract with an operator that	48061
currently manages any community schools in Ohio for which the	48062
department issues annual report cards under section 3314.012 of	48063
the Revised Code, unless the latest report card issued for at	48064
least one of those schools designates a performance rating under	48065
section 3302.03 of the Revised Code of in need of continuous	48066
improvement or higher.	48067

(B) Notwithstanding division (A) of this section, the	48068
governing authority of a start-up school sponsored by an entity	48069
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	48070
Revised Code may establish one additional school serving the same	48071
grade levels and providing the same educational program as the	48072
current start-up school and may open that additional school in the	48073
2007-2008 school year, if both of the following conditions are	48074
met:	48075

(1) The governing authority entered into another contract	48076
with the same sponsor or a different sponsor described in	48077
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	48078
and filed a copy of that contract with the superintendent of	48079
public instruction prior to March 15, 2006.	48080

(2) The governing authority's current school satisfies all of	48081
the following conditions:	48082

(a) The school currently is rated as excellent or effective	48083
pursuant to section 3302.03 of the Revised Code.	48084

(b) The school made adequate yearly progress, as defined in	48085
section 3302.01 of the Revised Code, for the previous school year.	48086

(c) The school has been in operation for at least four school	48087
years.	48088

(d) The school is not managed by an operator.

48089

(C) Notwithstanding division (A) of this section, the	48090
governing authority of a start-up school sponsored by the big	48091
eight school district in which the school is located may establish	48092
one additional start-up school that is located in the same school	48093
district and that provides a general educational program to	48094
students in any or all of grades kindergarten through five to	48095
facilitate their transition to the current start-up school, and	48096
may open the additional start-up school in the 2009-2010 school	48097
year, if both of the following conditions are met:	48098

(1) The governing authority enters into another contract with	48099
the same sponsor and files a copy of the contract with the	48100
superintendent of public instruction prior to March 15, 2009.	48101

(2) The governing authority's current school satisfies all of	48102
the following conditions:	48103

(a) The school provided instruction to students for eleven	48104
months in the previous school year.	48105

(b) The school has been in operation for at least two school	48106
years.	48107

(c) The school qualified to be rated in need of continuous	48108
improvement or higher pursuant to section 3302.03 of the Revised	48109
Code for its first school year of operation, even though the	48110
department of education did not issue a report card for the	48111
school for that school year.	48112

Sec. 3314.02. (A) As used in this chapter:

48113

(1) "Sponsor" means an entity listed in division (C)(1) of	48114
this section, which has been approved by the department of	48115
education to sponsor community schools and with which the	48116
governing authority of the proposed community school enters into a	48117
contract pursuant to this section.	48118

(2) "Pilot project area" means the school districts included	48119
in the territory of the former community school pilot project	48120
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	48121
the 122nd general assembly.	48122

(3) "Challenged school district" means any of the following:

48123

(a) A school district that is part of the pilot project area;

48124

(b) A school district that is either in a state of academic	48125
emergency or in a state of academic watch under section 3302.03 of	48126
the Revised Code;	48127

48128

(4) "Big eight school district" means a school district that	48129
for fiscal year 1997 had both of the following:	48130

(a) A percentage of children residing in the district and	48131
participating in the predecessor of Ohio works first greater than	48132
thirty per cent, as reported pursuant to former section 3317.10 of	48133
the Revised Code;	48134

(b) An average daily membership greater than twelve thousand,	48135
as reported pursuant to former division (A) of section 3317.03 of	48136
the Revised Code.	48137

(5) "New start-up school" means a community school other than	48138
one created by converting all or part of an existing public school	48139
or educational service center building, as designated in the	48140
school's contract pursuant to division (A)(17) of section 3314.03	48141
of the Revised Code.	48142

(6) "Urban school district" means one of the state's	48143
twenty-one urban school districts as defined in division (O) of	48144
section 3317.02 of the Revised Code as that section existed prior	48145
to July 1, 1998.	48146

(7) "Internet- or computer-based community school" means a	48147
community school established under this chapter in which the	48148
enrolled students work primarily from their residences on	48149
assignments in nonclassroom-based learning opportunities provided	48150
via an internet- or other computer-based instructional method that	48151
does not rely on regular classroom instruction or via	48152
comprehensive instructional methods that include internet-based,	48153
other computer-based, and noncomputer-based learning	48154
opportunities.	48155

(B) Any person or group of individuals may initially propose	48156
under this division the conversion of all or a portion of a public	48157
school or a building operated by an educational service center to	48158
a community school. The proposal shall be made to the board of	48159
education of the city, local, or exempted village school district	48160
in which the public school is proposed to be converted or, in the	48161
case of the conversion of a building operated by an educational	48162
service center, to the governing board of the service center. Upon	48163
receipt of a proposal, a board may enter into a preliminary	48164
agreement with the person or group proposing the conversion of the	48165
public school or service center building, indicating the intention	48166
of the board to support the conversion to a community school. A	48167
proposing person or group that has a preliminary agreement under	48168
this division may proceed to finalize plans for the school,	48169
establish a governing authority for the school, and negotiate a	48170
contract with the board. Provided the proposing person or group	48171
adheres to the preliminary agreement and all provisions of this	48172
chapter, the board shall negotiate in good faith to enter into a	48173
contract in accordance with section 3314.03 of the Revised Code	48174
and division (C) of this section.	48175

(C)(1) Any person or group of individuals may propose under	48176
this division the establishment of a new start-up school to be	48177
located in a challenged school district. The proposal may be made	48178
to any of the following entities:	48179

(a) The board of education of the district in which the	48180
school is proposed to be located;	48181

(b) The board of education of any joint vocational school	48182
district with territory in the county in which is located the	48183
majority of the territory of the district in which the school is	48184
proposed to be located;	48185

(c) The board of education of any other city, local, or	48186
exempted village school district having territory in the same	48187
county where the district in which the school is proposed to be	48188
located has the major portion of its territory;	48189

(d) The governing board of any educational service center, as	48190
long as the proposed school will be located in a county within the	48191
territory of the service center or in a county contiguous to such	48192
county;	48193

(e) A sponsoring authority designated by the board of	48194
trustees of any of the thirteen state universities listed in	48195
section 3345.011 of the Revised Code or the board of trustees	48196
itself as long as a mission of the proposed school to be specified	48197
in the contract under division (A)(2) of section 3314.03 of the	48198
Revised Code and as approved by the department of education under	48199
division (B)~~(2)~~(3) of section 3314.015 of the Revised Code will be	48200
the practical demonstration of teaching methods, educational	48201
technology, or other teaching practices that are included in the	48202
curriculum of the university's teacher preparation program	48203
approved by the state board of education;	48204

(f) Any qualified tax-exempt entity under section 501(c)(3)	48205
of the Internal Revenue Code as long as all of the following	48206
conditions are satisfied:	48207

(i) The entity has been in operation for at least five years	48208
prior to applying to be a community school sponsor.	48209

(ii) The entity has assets of at least five hundred thousand	48210
dollars and a demonstrated record of financial responsibility.	48211

(iii) The department of education has determined that the	48212
entity is an education-oriented entity under division (B)~~(3)~~(4) of	48213
section 3314.015 of the Revised Code and the entity has a	48214
demonstrated record of successful implementation of educational	48215
programs.	48216

(iv) The entity is not a community school.

48217

Any entity described in division (C)(1) of this section may	48218
enter into a preliminary agreement pursuant to division (C)(2) of	48219
this section with the proposing person or group.	48220

(2) A preliminary agreement indicates the intention of an	48221
entity described in division (C)(1) of this section to sponsor the	48222
community school. A proposing person or group that has such a	48223
preliminary agreement may proceed to finalize plans for the	48224
school, establish a governing authority as described in division	48225
(E) of this section for the school, and negotiate a contract with	48226
the entity. Provided the proposing person or group adheres to the	48227
preliminary agreement and all provisions of this chapter, the	48228
entity shall negotiate in good faith to enter into a contract in	48229
accordance with section 3314.03 of the Revised Code.	48230

(3) A new start-up school that is established in a school	48231
district while that district is either in a state of academic	48232
emergency or in a state of academic watch under section 3302.03 of	48233
the Revised Code may continue in existence once the school	48234
district is no longer in a state of academic emergency or academic	48235
watch, provided there is a valid contract between the school and a	48236
sponsor.	48237

(4) A copy of every preliminary agreement entered into under	48238
this division shall be filed with the superintendent of public	48239
instruction.	48240

(D) A majority vote of the board of a sponsoring entity and a	48241
majority vote of the members of the governing authority of a	48242
community school shall be required to adopt a contract and convert	48243
the public school or educational service center building to a	48244
community school or establish the new start-up school. Beginning	48245
September 29, 2005, adoption of the contract shall occur not	48246
later than the fifteenth day of March, and signing of the	48247
contract shall occur not later than the fifteenth day of May,	48248
prior to the school year in which the school will open. The	48249
governing authority shall notify the department of education when	48250
the contract has been signed. Subject to sections 3314.013,	48251
3314.014, 3314.016, and 3314.017 of the Revised Code, an	48252
unlimited number of community schools may be established in any	48253
school district provided that a contract is entered into for each	48254
community school pursuant to this chapter.	48255

(E)(1) As used in this division, "immediate relatives" are	48256
limited to spouses, children, parents, grandparents, siblings, and	48257
in-laws.	48258

Each new start-up community school established under this	48259
chapter shall be under the direction of a governing authority	48260
which shall consist of a board of not less than five individuals.	48261

No person shall serve on the governing authority or operate	48262
the community school under contract with the governing authority	48263
so long as the person owes the state any money or is in a dispute	48264
over whether the person owes the state any money concerning the	48265
operation of a community school that has closed.	48266

(2) No person shall serve on the governing authorities of	48267
more than two start-up community schools at the same time.	48268

(3) No present or former member, or immediate relative of a	48269
present or former member, of the governing authority of any	48270
community school established under this chapter shall be an owner,	48271
employee, or consultant of any nonprofit or for-profit operator of	48272
a community school, unless at least one year has elapsed since the	48273
conclusion of the person's membership.	48274

(F)(1) A new start-up school that is established prior to	48275
August 15, 2003, in an urban school district that is not also a	48276
big-eight school district may continue to operate after that date	48277
and the contract between the school's governing authority and the	48278
school's sponsor may be renewed, as provided under this chapter,	48279
after that date, but no additional new start-up schools may be	48280
established in such a district unless the district is a challenged	48281
school district as defined in this section as it exists on and	48282
after that date.	48283

(2) A community school that was established prior to June	48284
29, 1999, and is located in a county contiguous to the pilot	48285
project area and in a school district that is not a challenged	48286
school district may continue to operate after that date, provided	48287
the school complies with all provisions of this chapter. The	48288
contract between the school's governing authority and the	48289
school's sponsor may be renewed, but no additional start-up	48290
community school may be established in that district unless the	48291
district is a challenged school district.	48292

(3) Any educational service center that, on June 30, 2007,	48293
sponsors a community school that is not located in a county	48294
within the territory of the service center or in a county	48295
contiguous to such county may continue to sponsor that community	48296
school on and after June 30, 2007, and may renew its contract	48297
with the school. However, the educational service center shall	48298
not enter into a contract with any additional community school	48299
unless the school is located in a county within the territory of	48300
the service center or in a county contiguous to such county.	48301

Sec. 3314.021. (A) This section applies to any entity that is	48302
exempt from taxation under section 501(c)(3) of the Internal	48303
Revenue Code and that satisfies the conditions specified in	48304
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	48305
Revised Code but does not satisfy the condition specified in	48306
division (C)(1)(f)(i) of that section.	48307

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	48308
of the Revised Code, an entity described in division (A) of this	48309
section may do both of the following without obtaining the	48310
department of education's initial approval of its sponsorship	48311
under ~~division~~divisions (A)(2) and (B)(1) of section 3314.015 of	48312
the Revised Code:	48313

(1) Succeed the board of trustees of a state university	48314
located in the pilot project area or that board's designee as the	48315
sponsor of a community school established under this chapter;	48316

(2) Continue to sponsor that school in conformance with the	48317
terms of the contract between the board of trustees or its	48318
designee and the governing authority of the community school and	48319
renew that contract as provided in division (E) of section 3314.03	48320
of the Revised Code.	48321

(C) The entity that succeeds the board of trustees or the	48322
board's designee as sponsor of a community school under division	48323
(B) of this section also may enter into contracts to sponsor	48324
other community schools located in any challenged school district,	48325
without obtaining the department's initial approval of its	48326
sponsorship of those schools under ~~division~~divisions (A)(2) and	48327
(B)(1) of section 3314.015 of the Revised Code, and not subject to	48328
the restriction of division (A)(7) of section 3314.013 of the	48329
Revised Code, as long as the contracts conform with and the entity	48330
complies with all other requirements of this chapter.	48331

(D) Regardless of the entity's authority to sponsor community	48332
schools without the initial approval of the department, the entity	48333
is under the continuing oversight of the department in accordance	48334
with rules adopted under section 3314.015 of the Revised Code. The	48335
department, in accordance with divisions (C), (D), and (E) of	48336
section 3314.015 of the Revised Code, may revoke, suspend, or	48337
restrict the entity's authority to sponsor any school, or may	48338
declare the sponsor to be in a probationary status, in the same	48339
manner as if that authority were initially subject to approval of	48340
the department under that section.	48341

Sec. 3314.024. ~~A management company~~(A) No governing	48342
authority of a community school shall enter into a new contract,	48343
or renew an existing contract, with an operator, unless the	48344
contract was selected through a competitive bidding process	48345
established by the department of education.	48346

(B) An operator that provides services to a community school	48347
that amounts to more than twenty per cent of the annual gross	48348
revenues of the school shall provide a detailed accounting	48349
including the nature and costs of the services it provides to the	48350
community school. This information shall be included in the	48351
footnotes of the financial statements of the school and be subject	48352
to audit during the course of the regular financial audit of the	48353
community school.	48354

~~Sec. 6.~~ Sec. 3314.027. ~~The State Board of Education shall continue~~	48355
~~to sponsor any community school for which it has entered into a~~	48356
~~contract at the time of the effective date of this section until~~	48357
~~the earlier of the expiration of two school years or until a new~~	48358
~~sponsor, as described in division (C)(1) of section 3314.02 of the~~	48359
~~Revised Code, as amended by this act, is secured by the school's~~	48360
~~governing authority. The State Board shall not thereafter sponsor~~	48361
~~any community school except as provided in division (C) of section~~	48362
~~3314.015 of the Revised Code. The State Board may extend the term~~	48363
~~of any existing contract with a community school governing~~	48364
~~authority only as necessary to accommodate the term of the Board's~~	48365
~~authorization to sponsor the school as specified in this section.~~	48366

Notwithstanding the requirement for initial approval of	48367
sponsorship by the ~~Department~~department of ~~Education~~education	48368
prescribed in ~~division~~divisions (A)(2) and (B)(1) of section	48369
3314.015 of the Revised Code~~, as enacted by this act,~~ and any	48370
geographical restriction or mission requirement prescribed in	48371
division (C)(1) of section 3314.02 of the Revised Code~~, as amended~~	48372
~~by this act~~, an entity ~~other than the State Board of Education~~	48373
that has entered into a contract to sponsor a community school on	48374
~~the effective date of this section~~April 8, 2003, may continue to	48375
sponsor the school in conformance with the terms of that contract	48376
as long as the entity complies with all other sponsorship	48377
provisions of ~~Chapter 3314. of the Revised Code as amended by this~~	48378
~~act~~this chapter. Such an entity also may enter into new contracts	48379
to sponsor community schools after ~~the effective date of this~~	48380
~~section~~April 8, 2003, and need not be approved by the ~~Department~~	48381
~~of Education~~department for such sponsorship, as otherwise	48382
required under ~~division~~divisions (A)(2) and (B)(1) of section	48383
3314.015 of the Revised Code~~, as enacted by this act~~, as long as	48384
the contracts conform to and the entity complies with all other	48385
provisions of ~~Chapter 3314. of the Revised Code as amended by this~~	48386
~~act~~this chapter.	48387

Regardless of the entity's authority to sponsor community	48388
schools without the initial approval of the department, each	48389
entity described in this section is under the continuing oversight	48390
of the department in accordance with rules adopted under section	48391
3314.015 of the Revised Code. The department, in accordance with	48392
divisions (C), (D), and (E) of section 3314.015 of the Revised	48393
Code, may revoke, suspend, or restrict the entity's authority to	48394
sponsor any school, or may declare the entity to be in a	48395
probationary status, in the same manner as if that authority were	48396
initially subject to approval of the department under that	48397
section.	48398

Sec. 3314.028. Notwithstanding any provision of this chapter	48399
to the contrary, beginning in the 2009-2010 school year, a	48400
community school that meets the following conditions may operate	48401
from the facility in which the school was located in the 2008-2009	48402
school year and shall not be required to locate to another school	48403
district:	48404

(A) The school was located in the facility for at least the	48405
three school years prior to the 2009-2010 school year.	48406

(B) The school's sponsor is a school district that is	48407
adjacent to the school district in which the school is located.	48408

(C) The school's education program emphasizes serving	48409
students identified as gifted under Chapter 3324. of the Revised	48410
Code.	48411

(D) The school has been rated in need of continuous	48412
improvement or higher under section 3302.03 of the Revised Code	48413
for the previous three school years.	48414

Sec. 3314.03. A copy of every contract entered into under	48415
this section shall be filed with the superintendent of public	48416
instruction.	48417

(A) Each contract entered into between a sponsor and the	48418
governing authority of a community school shall specify the	48419
following:	48420

(1) That the school shall be established as either of the	48421
following:	48422

(a) A nonprofit corporation established under Chapter 1702.	48423
of the Revised Code, if established prior to April 8, 2003;	48424

(b) A public benefit corporation established under Chapter	48425
1702. of the Revised Code, if established after April 8, 2003;	48426

(2) The education program of the school, including the	48427
school's mission, the characteristics of the students the school	48428
is expected to attract, the ages and grades of students, and the	48429
focus of the curriculum;	48430

(3) The academic goals to be achieved and the method of	48431
measurement that will be used to determine progress toward those	48432
goals, which shall include the statewide achievement ~~tests~~	48433
assessments;	48434

(4) Performance standards by which the success of the school	48435
will be evaluated by the sponsor;	48436

(5) The admission standards of section 3314.06 of the Revised	48437
Code and, if applicable, section 3314.061 of the Revised Code;	48438

(6)(a) Dismissal procedures;

48439

(b) A requirement that the governing authority adopt an	48440
attendance policy that includes a procedure for automatically	48441
withdrawing a student from the school if the student without a	48442
legitimate excuse fails to participate in one hundred five	48443
consecutive hours of the learning opportunities offered to the	48444
student.	48445

(7) The ways by which the school will achieve racial and	48446
ethnic balance reflective of the community it serves;	48447

(8) Requirements for financial audits by the auditor of	48448
state. The contract shall require the governing authority of the	48449
school, and any operator with which the governing authority	48450
contracts, to comply with the financial reporting standards	48451
adopted by the state board of education under division (B)(2) of	48452
section 3301.07 of the Revised Code, and that financial records of	48453
the school to be maintained in the same manner as are financial	48454
records of school districts, pursuant to rules of the auditor of	48455
state~~, and the audits~~. Audits shall be conducted in accordance	48456
with section 117.10 of the Revised Code.	48457

(9) The facilities to be used and their locations;

48458

(10) Qualifications of teachers, ~~including a requirement that~~	48459
~~the school's classroom teachers be licensed in accordance with~~	48460
~~sections 3319.22 to 3319.31 of the Revised Code, except that a~~	48461
~~community school may engage noncertificated persons to teach up to~~	48462
~~twelve hours per week pursuant to section 3319.301~~in compliance	48463
with section 3314.102 of the Revised Code;	48464

(11) That the school will comply with the following	48465
requirements:	48466

(a) The school will provide learning opportunities to a	48467
minimum of twenty-five students for ~~a minimum of nine hundred~~	48468
~~twenty~~at least the applicable number of hours per school year	48469
prescribed by section 3314.031 of the Revised Code.	48470

(b) The governing authority will purchase liability	48471
insurance, or otherwise provide for the potential liability of the	48472
school.	48473

(c) The school will be nonsectarian in its programs,	48474
admission policies, employment practices, and all other	48475
operations, and will not be operated by a sectarian school or	48476
religious institution.	48477

(d) The school will comply with division (A)(9) of section	48478
3313.60 of the Revised Code and sections 9.90, 9.91, 109.65,	48479
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	48480
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.605,	48481
3313.607, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.643,	48482
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	48483
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	48484
3313.716, 3313.718, 3313.80, 3313.82, 3313.821, 3313.822, 3313.96,	48485
3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01,	48486
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	48487
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	48488
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.	48489
of the Revised Code as if it were a school district and will	48490
comply with section 3301.0714 of the Revised Code in the manner	48491
specified in section 3314.17 of the Revised Code.	48492

(e) The school shall comply with Chapter 102. and section	48493
2921.42 of the Revised Code.	48494

(f) The school will comply with sections 3313.61, 3313.611,	48495
and 3313.614 of the Revised Code, except that for students who	48496
enter ninth grade for the first time before July 1, 2010, the	48497
requirement in sections 3313.61 and 3313.611 of the Revised Code	48498
that a person must successfully complete the curriculum in any	48499
high school prior to receiving a high school diploma may be met by	48500
completing the curriculum adopted by the governing authority of	48501
the community school rather than the curriculum specified in Title	48502
XXXIII of the Revised Code or any rules of the state board of	48503
education. Beginning with students who enter ninth grade for the	48504
first time on or after July 1, 2010, the requirement in sections	48505
3313.61 and 3313.611 of the Revised Code that a person must	48506
successfully complete the curriculum of a high school prior to	48507
receiving a high school diploma shall be met by completing the	48508
Ohio core curriculum prescribed in division (C) of section	48509
3313.603 of the Revised Code, unless the person qualifies under	48510
division (D) or (F) of that section. Each school shall comply with	48511
the plan for awarding high school credit based on demonstration of	48512
subject area competency, adopted by the state board of education	48513
under division (J) of section 3313.603 of the Revised Code.	48514

(g) The school governing authority will submit within four	48515
months after the end of each school year a report of its	48516
activities and progress in meeting the goals and standards of	48517
divisions (A)(3) and (4) of this section and its financial status	48518
to the sponsor ~~and~~, the parents of all students enrolled in the	48519
school, and the legislative office of education oversight. The	48520
school shall collect and provide any data that the legislative	48521
office of education oversight requests in furtherance of any	48522
study or research that the general assembly requires the office	48523
to conduct.	48524

(h) The school, unless it is an internet- or computer-based	48525
community school, will comply with section 3313.801 of the Revised	48526
Code as if it were a school district.	48527

(12) Arrangements for providing health and other benefits to	48528
employees;	48529

(13) The length of the contract, which shall begin at the	48530
beginning of an academic year. No contract shall exceed five years	48531
unless such contract has been renewed pursuant to division (E) of	48532
this section.	48533

(14) The governing authority of the school, which shall be	48534
responsible for carrying out the provisions of the contract;	48535

(15) A financial plan detailing an estimated school budget	48536
for each year of the period of the contract and specifying the	48537
total estimated per pupil expenditure amount for each such year.	48538
~~The plan shall specify for each year the base formula amount that~~	48539
~~will be used for purposes of funding calculations under section~~	48540
~~3314.08 of the Revised Code. This base formula amount for any year~~	48541
~~shall not exceed the formula amount defined under section 3317.02~~	48542
~~of the Revised Code. The plan may also specify for any year a~~	48543
~~percentage figure to be used for reducing the per pupil amount of~~	48544
~~the subsidy calculated pursuant to section 3317.029 of the Revised~~	48545
~~Code the school is to receive that year under section 3314.08 of~~	48546
~~the Revised Code.~~	48547

(16) Requirements and procedures regarding the disposition of	48548
employees of the school in the event the contract is terminated or	48549
not renewed pursuant to section 3314.07 of the Revised Code;	48550

(17) Whether the school is to be created by converting all or	48551
part of an existing public school or educational service center	48552
building or is to be a new start-up school, and if it is a	48553
converted public school or service center building, specification	48554
of any duties or responsibilities of an employer that the board of	48555
education or service center governing board that operated the	48556
school or building before conversion is delegating to the	48557
governing authority of the community school with respect to all	48558
or any specified group of employees provided the delegation is	48559
not prohibited by a collective bargaining agreement applicable to	48560
such employees;	48561

(18) Provisions establishing procedures for resolving	48562
disputes or differences of opinion between the sponsor and the	48563
governing authority of the community school;	48564

(19) A provision requiring the governing authority to adopt a	48565
policy regarding the admission of students who reside outside the	48566
district in which the school is located. That policy shall comply	48567
with the admissions procedures specified in sections 3314.06 and	48568
3314.061 of the Revised Code and, at the sole discretion of the	48569
authority, shall do one of the following:	48570

(a) Prohibit the enrollment of students who reside outside	48571
the district in which the school is located;	48572

(b) Permit the enrollment of students who reside in districts	48573
adjacent to the district in which the school is located;	48574

(c) Permit the enrollment of students who reside in any other	48575
district in the state.	48576

(20) A provision recognizing the authority of the department	48577
of education to take over the sponsorship of the school in	48578
accordance with the provisions of division (C) of section 3314.015	48579
of the Revised Code;	48580

(21) A provision recognizing the sponsor's authority to	48581
assume the operation of a school under the conditions specified in	48582
division (B) of section 3314.073 of the Revised Code;	48583

(22) A provision recognizing both of the following:

48584

(a) The authority of public health and safety officials to	48585
inspect the facilities of the school and to order the facilities	48586
closed if those officials find that the facilities are not in	48587
compliance with health and safety laws and regulations;	48588

(b) The authority of the department of education as the	48589
community school oversight body to suspend the operation of the	48590
school under section 3314.072 of the Revised Code if the	48591
department has evidence of conditions or violations of law at the	48592
school that pose an imminent danger to the health and safety of	48593
the school's students and employees and the sponsor refuses to	48594
take such action;	48595

(23) A description of the learning opportunities that will be	48596
offered to students including both classroom-based and	48597
non-classroom-based learning opportunities that is in compliance	48598
with criteria for student participation established by the	48599
department under division ~~(L)~~(J)(2) of section 3314.08 of the	48600
Revised Code;	48601

(24) The school will comply with sections 3302.04 and	48602
3302.041 of the Revised Code, except that any action required to	48603
be taken by a school district pursuant to those sections shall	48604
be taken by the sponsor of the school. However, the sponsor	48605
shall not be required to take any action described in division	48606
(F) of section 3302.04 of the Revised Code.	48607

(25) Beginning in the 2006-2007 school year, the school will	48608
open for operation not later than the thirtieth day of September	48609
each school year~~, unless the mission of the school as specified~~	48610
~~under division (A)(2) of this section is solely to serve dropouts~~.	48611
In its initial year of operation, if the school fails to open by	48612
the thirtieth day of September, ~~or within one year after the~~	48613
~~adoption of the contract pursuant to division (D) of section~~	48614
~~3314.02 of the Revised Code if the mission of the school is solely~~	48615
~~to serve dropouts,~~ the contract shall be void.	48616

(B) The community school shall also submit to the sponsor a	48617
comprehensive plan for the school. The plan shall specify the	48618
following:	48619

(1) The process by which the governing authority of the	48620
school will be selected in the future;	48621

(2) The management and administration of the school;

48622

(3) If the community school is a currently existing public	48623
school or educational service center building, alternative	48624
arrangements for current public school students who choose not to	48625
attend the converted school and for teachers who choose not to	48626
teach in the school or building after conversion;	48627

(4) The instructional program and educational philosophy of	48628
the school;	48629

(5) Internal financial controls.

48630

(C) A contract entered into under section 3314.02 of the	48631
Revised Code between a sponsor and the governing authority of a	48632
community school may provide for the community school governing	48633
authority to make payments to the sponsor, which is hereby	48634
authorized to receive such payments as set forth in the contract	48635
between the governing authority and the sponsor. The total amount	48636
of such payments for oversight and monitoring of the school shall	48637
not exceed three per cent of the total amount of payments for	48638
operating expenses that the school receives from the state.	48639

(D) The contract shall specify the duties of the sponsor	48640
which shall be in accordance with the written agreement entered	48641
into with the department of education under division (B) of	48642
section 3314.015 of the Revised Code and shall include the	48643
following:	48644

(1) Monitor the community school's compliance with all laws	48645
applicable to the school and with the terms of the contract;	48646

(2) Monitor and evaluate the academic and fiscal performance	48647
and the organization and operation of the community school on at	48648
least an annual basis;	48649

(3) Report on an annual basis the results of the evaluation	48650
conducted under division (D)(2) of this section to the department	48651
of education and to the parents of students enrolled in the	48652
community school;	48653

(4) Provide technical assistance to the community school in	48654
complying with laws applicable to the school and terms of the	48655
contract;	48656

(5) Take steps to intervene in the school's operation to	48657
correct problems in the school's overall performance, declare the	48658
school to be on probationary status pursuant to section 3314.073	48659
of the Revised Code, suspend the operation of the school pursuant	48660
to section 3314.072 of the Revised Code, or terminate the contract	48661
of the school pursuant to section 3314.07 of the Revised Code as	48662
determined necessary by the sponsor;	48663

(6) Have in place a plan of action to be undertaken in the	48664
event the community school experiences financial difficulties or	48665
closes prior to the end of a school year.	48666

(E) Upon the expiration of a contract entered into under this	48667
section, the sponsor of a community school may, with the approval	48668
of the governing authority of the school, renew that contract for	48669
a period of time determined by the sponsor, but not ending earlier	48670
than the end of any school year, if the sponsor finds that the	48671
school's compliance with applicable laws and terms of the contract	48672
and the school's progress in meeting the academic goals prescribed	48673
in the contract have been satisfactory. Any contract that is	48674
renewed under this division remains subject to the provisions of	48675
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	48676

(F) If a community school fails to open for operation within	48677
one year after the contract entered into under this section is	48678
adopted pursuant to division (D) of section 3314.02 of the Revised	48679
Code or permanently closes prior to the expiration of the	48680
contract, the contract shall be void and the school shall not	48681
enter into a contract with any other sponsor. A school shall not	48682
be considered permanently closed because the operations of the	48683
school have been suspended pursuant to section 3314.072 of the	48684
Revised Code. Any contract that becomes void under this division	48685
shall not count toward any statewide limit on the number of such	48686
contracts prescribed by section 3314.013 of the Revised Code.	48687

Sec. 3314.031. Each community school established under this	48688
chapter shall provide at least the following number of hours of	48689
learning opportunities to each student enrolled in the school for	48690
a full school year:	48691

(A) For each school year prior to the school year that begins	48692
on July 1, 2011, nine hundred twenty hours;	48693

(B) In each of the school years beginning on July 1, 2011,	48694
and July 1, 2012, respectively, nine hundred thirty hours;	48695

(C) In each of the school years beginning on July 1, 2013,	48696
and July 1, 2014, respectively, nine hundred fifty hours;	48697

(D) In each of the school years beginning on July 1, 2015,	48698
and July 1, 2016, respectively, nine hundred seventy hours;	48699

(E) In the school year that begins on July 1, 2017, and in	48700
each school year thereafter, nine hundred ninety hours.	48701

Sec. 3314.051. (A) When the governing authority of a	48702
community school that acquired real property from a school	48703
district pursuant to division (G)(2) of section 3313.41 of the	48704
Revised Code, as it existed prior to the effective date of this	48705
amendment, decides to dispose of that property, it first shall	48706
offer that property for sale to the school district board of	48707
education from which it acquired the property, at a price that is	48708
not higher than the appraised fair market value of that property.	48709
If the district board does not accept the offer within sixty days	48710
after the offer is made, the community school may dispose of the	48711
property in another lawful manner.	48712

(B) When a community school that acquired real property from	48713
a school district pursuant to division (G)(2) of section 3313.41	48714
of the Revised Code, as it existed prior to the effective date of	48715
this amendment, permanently closes, in distributing the school's	48716
assets under section 3314.074 of the Revised Code, that property	48717
first shall be offered for sale to the school district board of	48718
education from which the community school acquired the property,	48719
at a price that is not higher than the appraised fair market	48720
value of that property. If the district board does not accept the	48721
offer within sixty days after the offer is made, the property may	48722
be disposed in another lawful manner.	48723

Sec. 3314.052. (A) This section does not apply to internet-	48724
or computer-based community schools.	48725

(B) As used in this section, "classroom facilities" has the	48726
same meaning as in section 3318.01 of the Revised Code.	48727

(C) On and after the effective date of this section each	48728
classroom facility owned or leased by the governing authority or	48729
operator of a community school shall comply with the design	48730
guidelines adopted by the Ohio school facilities commission for	48731
classroom facilities projects under Chapter 3318. of the Revised	48732
Code applicable to the grade levels and function of the facility	48733
as it is used by the community school. However, the	48734
three-hundred-fifty-student minimum service capacity for an entire	48735
classroom facility specified in those guidelines, as prescribed	48736
for school districts by section 3318.03 of the Revised Code, shall	48737
not apply to community schools.	48738

Sec. 3314.075. Notwithstanding any provision to the contrary	48739
in this chapter, two or more community schools, which are not	48740
internet- or computer-based community schools, are located in the	48741
same building, have at least one common member on their respective	48742
governing authorities, and have the same chief administrative	48743
officer, may consolidate into one community school, and the assets	48744
and liabilities of each of the schools may be consolidated into	48745
the single school that results from the consolidation, with the	48746
approval of each school's sponsor and so long as consolidation of	48747
those assets and liabilities is not otherwise prohibited by any	48748
other provision of law or the provisions of a contract. Such	48749
consolidation shall be effective not later than the thirtieth day	48750
of September of the school year in which the consolidated single	48751
school is to begin operating.	48752

Sec. 3314.08. (A) As used in this section:

48753

(1) ~~"Base formula amount" means the amount specified as such~~	48754
~~in a community school's financial plan for a school year pursuant~~	48755
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	48756

~~(2)~~ "IEP" has the same meaning as in section 3323.01 of the	48757
Revised Code.	48758

~~(3) "Applicable special education weight" means the multiple~~	48759
~~specified in section 3317.013 of the Revised Code for a~~	48760
~~disability described in that section.~~	48761

~~(4) "Applicable vocational education weight" means:~~

48762

~~(a) For a student enrolled in vocational education programs~~	48763
~~or classes described in division (A) of section 3317.014 of the~~	48764
~~Revised Code, the multiple specified in that division;~~	48765

~~(b) For a student enrolled in vocational education programs~~	48766
~~or classes described in division (B) of section 3317.014 of the~~	48767
~~Revised Code, the multiple specified in that division.~~	48768

~~(5)~~(2) "Entitled to attend school" means entitled to attend	48769
school in a district under section 3313.64 or 3313.65 of the	48770
Revised Code.	48771

~~(6) A community school student is "included in the poverty~~	48772
~~student count" of a school district if the student is entitled to~~	48773
~~attend school in the district and the student's family receives~~	48774
~~assistance under the Ohio works first program.~~	48775

~~(7) "Poverty-based assistance reduction factor" means the~~	48776
~~percentage figure, if any, for reducing the per pupil amount of~~	48777
~~poverty-based assistance a community school is entitled to receive~~	48778
~~pursuant to divisions (D)(5) to (9) of this section in any year,~~	48779
~~as specified in the school's financial plan for the year pursuant~~	48780
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	48781

~~(8) "All-day kindergarten" has the same meaning as in section~~	48782
~~3317.029 of the Revised Code.~~	48783

~~(9) "State education aid" has the same meaning as in section~~	48784
~~5751.20 of the Revised Code.~~	48785

(B) The state board of education shall adopt rules requiring	48786
~~both of the following:~~	48787

~~(1) The board of education of each city, exempted village,~~	48788
~~and local school district to annually report the number of~~	48789
~~students entitled to attend school in the district who are~~	48790
~~enrolled in grades one through twelve in a community school~~	48791
~~established under this chapter, the number of students entitled to~~	48792
~~attend school in the district who are enrolled in kindergarten in~~	48793
~~a community school, the number of those kindergartners who are~~	48794
~~enrolled in all-day kindergarten in their community school, and~~	48795
~~for each child, the community school in which the child is~~	48796
~~enrolled.~~	48797

~~(2) The~~the governing authority of each community school	48798
established under this chapter to ~~annually~~ report all of the	48799
following:	48800

~~(a)~~(1) The number of students enrolled in each of grades ~~one~~	48801
kindergarten through twelve ~~and the number of students enrolled in~~	48802
~~kindergarten~~ in the school who are not receiving special education	48803
and related services pursuant to an IEP;	48804

~~(b)~~(2) The number of enrolled students in each of grades ~~one~~	48805
kindergarten through twelve ~~and the number of enrolled students in~~	48806
~~kindergarten,~~ who are receiving special education and related	48807
services pursuant to an IEP;	48808

~~(c)~~(3) The number of students reported under division	48809
(B)(2)~~(b)~~ of this section receiving special education and related	48810
services pursuant to an IEP for a disability described in each of	48811
divisions ~~(A) to (F)~~(D)(1) to (6) of section ~~3317.013~~3306.02 of	48812
the Revised Code;	48813

~~(d)~~(4) The full-time equivalent number of students reported	48814
under divisions (B)(1) and (2)~~(a) and (b)~~ of this section who are	48815
enrolled in vocational education programs or classes described in	48816
each of divisions (A) and (B) of section 3317.014 of the Revised	48817
Code that are provided by the community school;	48818

~~(e)~~(5) Twenty per cent of the number of students reported	48819
under divisions (B)(1) and (2)~~(a) and (b)~~ of this section who are	48820
not reported under division (B)~~(2)(d)~~(4) of this section but who	48821
are enrolled in vocational education programs or classes described	48822
in each of divisions (A) and (B) of section 3317.014 of the	48823
Revised Code at a joint vocational school district under a	48824
contract between the community school and the joint vocational	48825
school district and are entitled to attend school in a city,	48826
local, or exempted village school district whose territory is part	48827
of the territory of the joint vocational district;	48828

~~(f)~~(6) The number of enrolled preschool children with	48829
disabilities receiving special education services in a	48830
state-funded unit;	48831

~~(g) The community school's base formula amount;~~

48832

~~(h)~~(7) For each student, the city, exempted village, or local	48833
school district in which the student is entitled to attend school;	48834

~~(i) Any poverty-based assistance reduction factor that~~	48835
~~applies to a school year~~.	48836

(C) ~~From the state education aid calculated for a city,~~	48837
~~exempted village, or local school district and, if necessary,~~	48838
~~from the payment made to the district under sections 321.24 and~~	48839
~~323.156 of the Revised Code, the department of education shall~~	48840
~~annually subtract the sum of the amounts described in divisions~~	48841
~~(C)(1) to (9) of this section. However, when deducting payments~~	48842
~~on behalf of students enrolled in internet- or computer-based~~	48843
~~community schools, the department shall deduct only those amounts~~	48844
~~described in divisions (C)(1) and (2) of this section.~~	48845
~~Furthermore, the aggregate amount deducted under this division~~	48846
~~shall not exceed the sum of the district's state education aid~~	48847
~~and its payment under sections 321.24 and 323.156 of the Revised~~	48848
~~Code.~~	48849

~~(1) An amount equal to the sum of the amounts obtained when,~~	48850
~~for each community school where the district's students are~~	48851
~~enrolled, the number of the district's students reported under~~	48852
~~divisions (B)(2)(a), (b), and (e) of this section who are enrolled~~	48853
~~in grades one through twelve, and one-half the number of students~~	48854
~~reported under those divisions who are enrolled in kindergarten,~~	48855
~~in that community school is multiplied by the sum of the base~~	48856
~~formula amount of that community school plus the per pupil~~	48857
~~amount of the base funding supplements specified in divisions~~	48858
~~(C)(1) to (4) of section 3317.012 of the Revised Code.~~	48859

~~(2) The sum of the amounts calculated under divisions~~	48860
~~(C)(2)(a) and (b) of this section:~~	48861

~~(a) For each of the district's students reported under~~	48862
~~division (B)(2)(c) of this section as enrolled in a community~~	48863
~~school in grades one through twelve and receiving special~~	48864
~~education and related services pursuant to an IEP for a~~	48865
~~disability described in section 3317.013 of the Revised Code, the~~	48866
~~product of the applicable special education weight times the~~	48867
~~community school's base formula amount;~~	48868

~~(b) For each of the district's students reported under~~	48869
~~division (B)(2)(c) of this section as enrolled in kindergarten in~~	48870
~~a community school and receiving special education and related~~	48871
~~services pursuant to an IEP for a disability described in section~~	48872
~~3317.013 of the Revised Code, one-half of the amount calculated~~	48873
~~as prescribed in division (C)(2)(a) of this section.~~	48874

~~(3) For each of the district's students reported under~~	48875
~~division (B)(2)(d) of this section for whom payment is made under~~	48876
~~division (D)(4) of this section, the amount of that payment;~~	48877

~~(4) An amount equal to the sum of the amounts obtained when,~~	48878
~~for each community school where the district's students are~~	48879
~~enrolled, the number of the district's students enrolled in that~~	48880
~~community school who are included in the district's poverty~~	48881
~~student count is multiplied by the per pupil amount of~~	48882
~~poverty-based assistance the school district receives that year~~	48883
~~pursuant to division (C) of section 3317.029 of the Revised Code,~~	48884
~~as adjusted by any poverty-based assistance reduction factor of~~	48885
~~that community school. The per pupil amount of that aid for the~~	48886
~~district shall be calculated by the department.~~	48887

~~(5) An amount equal to the sum of the amounts obtained when,~~	48888
~~for each community school where the district's students are~~	48889
~~enrolled, the district's per pupil amount of aid received under~~	48890
~~division (E) of section 3317.029 of the Revised Code, as adjusted~~	48891
~~by any poverty-based assistance reduction factor of the community~~	48892
~~school, is multiplied by the sum of the following:~~	48893

~~(a) The number of the district's students reported under~~	48894
~~division (B)(2)(a) of this section who are enrolled in grades one~~	48895
~~to three in that community school and who are not receiving~~	48896
~~special education and related services pursuant to an IEP;~~	48897

~~(b) One-half of the district's students who are enrolled in~~	48898
~~all-day or any other kindergarten class in that community school~~	48899
~~and who are not receiving special education and related services~~	48900
~~pursuant to an IEP;~~	48901

~~(c) One-half of the district's students who are enrolled in~~	48902
~~all-day kindergarten in that community school and who are not~~	48903
~~receiving special education and related services pursuant to an~~	48904
~~IEP.~~	48905

~~The district's per pupil amount of aid under division (E) of~~	48906
~~section 3317.029 of the Revised Code is the quotient of the amount~~	48907
~~the district received under that division divided by the~~	48908
~~district's kindergarten through third grade ADM, as defined in~~	48909
~~that section.~~	48910

~~(6) An amount equal to the sum of the amounts obtained when,~~	48911
~~for each community school where the district's students are~~	48912
~~enrolled, the district's per pupil amount received under division~~	48913
~~(F) of section 3317.029 of the Revised Code, as adjusted by any~~	48914
~~poverty-based assistance reduction factor of that community~~	48915
~~school, is multiplied by the number of the district's students~~	48916
~~enrolled in the community school who are identified as~~	48917
~~limited-English proficient.~~	48918

~~(7) An amount equal to the sum of the amounts obtained when,~~	48919
~~for each community school where the district's students are~~	48920
~~enrolled, the district's per pupil amount received under division~~	48921
~~(G) of section 3317.029 of the Revised Code, as adjusted by any~~	48922
~~poverty-based assistance reduction factor of that community~~	48923
~~school, is multiplied by the sum of the following:~~	48924

~~(a) The number of the district's students enrolled in grades~~	48925
~~one through twelve in that community school;~~	48926

~~(b) One-half of the number of the district's students~~	48927
~~enrolled in kindergarten in that community school.~~	48928

~~The district's per pupil amount under division (G) of section~~	48929
~~3317.029 of the Revised Code is the district's amount per teacher~~	48930
~~calculated under division (G)(1) or (2) of that section divided by~~	48931
~~17.~~	48932

~~(8) An amount equal to the sum of the amounts obtained when,~~	48933
~~for each community school where the district's students are~~	48934
~~enrolled, the district's per pupil amount received under divisions~~	48935
~~(H) and (I) of section 3317.029 of the Revised Code, as adjusted~~	48936
~~by any poverty-based assistance reduction factor of that community~~	48937
~~school, is multiplied by the sum of the following:~~	48938

~~(a) The number of the district's students enrolled in grades~~	48939
~~one through twelve in that community school;~~	48940

~~(b) One-half of the number of the district's students~~	48941
~~enrolled in kindergarten in that community school.~~	48942

~~The district's per pupil amount under divisions (H) and (I)~~	48943
~~of section 3317.029 of the Revised Code is the amount calculated~~	48944
~~under each division divided by the district's formula ADM, as~~	48945
~~defined in section 3317.02 of the Revised Code.~~	48946

~~(9) An amount equal to the per pupil state parity aid funding~~	48947
~~calculated for the school district under either division (C) or~~	48948
~~(D) of section 3317.0217 of the Revised Code multiplied by the sum~~	48949
~~of the number of students in grades one through twelve, and~~	48950
~~one-half of the number of students in kindergarten, who are~~	48951
~~entitled to attend school in the district and are enrolled in a~~	48952
~~community school as reported under division (B)(1) of this~~	48953
~~section.~~	48954

~~(D)~~ The department of education shall annually pay to a	48955
community school established under this chapter the ~~sum of the~~	48956
~~amounts described in divisions (D)(1) to (10) of this section.~~	48957
~~However, the department shall calculate and pay to each internet-~~	48958
~~or computer-based community school only the amounts described in~~	48959
~~divisions (D)(1) to (3) of this section. Furthermore, the sum of~~	48960
~~the payments to all community schools under divisions (D)(1),~~	48961
~~(2), and (4) to (10) of this section for the students entitled to~~	48962
~~attend school in any particular school district shall not exceed~~	48963
~~the sum of that district's state education aid and its payment~~	48964
~~under sections 321.24 and 323.156 of the Revised Code. If the~~	48965
~~sum of the payments calculated under those divisions for the~~	48966
~~students entitled to attend school in a particular school~~	48967
~~district exceeds the sum of that district's state education aid~~	48968
~~and its payment under sections 321.24 and 323.156 of the Revised~~	48969
~~Code, the department shall calculate and apply a proration~~	48970
~~factor to the payments to all community schools under those~~	48971
~~divisions for the students entitled to attend school in that~~	48972
~~district.~~	48973

~~(1) Subject to section 3314.085 of the Revised Code, an~~	48974
~~amount equal to the sum of the amounts obtained when the number of~~	48975
~~students enrolled in grades one through twelve, plus one-half of~~	48976
~~the kindergarten students in the school, reported under divisions~~	48977
~~(B)(2)(a), (b), and (e) of this section who are not receiving~~	48978
~~special education and related services pursuant to an IEP for a~~	48979
~~disability described in section 3317.013 of the Revised Code is~~	48980
~~multiplied by the sum of the community school's base formula~~	48981
~~amount plus the per pupil amount of the base funding supplements~~	48982
~~specified in divisions (C)(1) to (4) of section 3317.012 of the~~	48983
~~Revised Code.~~	48984

~~(2) Prior to fiscal year 2007, the greater of the amount~~	48985
~~calculated under division (D)(2)(a) or (b) of this section, and in~~	48986
~~fiscal year 2007 and thereafter, the amount calculated under~~	48987
~~division (D)(2)(b) of this section:~~	48988

~~(a) The aggregate amount that the department paid to the~~	48989
~~community school in fiscal year 1999 for students receiving~~	48990
~~special education and related services pursuant to IEPs, excluding~~	48991
~~federal funds and state disadvantaged pupil impact aid funds;~~	48992

~~(b) The sum of the amounts calculated under divisions~~	48993
~~(D)(2)(b)(i) and (ii) of this section:~~	48994

~~(i) For each student reported under division (B)(2)(c) of~~	48995
~~this section as enrolled in the school in grades one through~~	48996
~~twelve and receiving special education and related services~~	48997
~~pursuant to an IEP for a disability described in section 3317.013~~	48998
~~of the Revised Code, the following amount:~~	48999

~~(the school's base formula amount plus~~	49000

~~the per pupil amount of the base funding supplements specified in~~	49001

~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code)~~	49002

~~+ (the applicable special education weight X the~~	49003

~~community school's base formula amount);~~	49004

~~(ii) For each student reported under division (B)(2)(c) of~~	49005
~~this section as enrolled in kindergarten and receiving special~~	49006
~~education and related services pursuant to an IEP for a disability~~	49007
~~described in section 3317.013 of the Revised Code, one-half of~~	49008
~~the amount calculated under the formula prescribed in division~~	49009
~~(D)(2)(b)(i) of this section.~~	49010

~~(3) An amount received from federal funds to provide special~~	49011
~~education and related services to students in the community~~	49012
~~school, as determined by the superintendent of public instruction.~~	49013

~~(4) For each student reported under division (B)(2)(d) of~~	49014
~~this section as enrolled in vocational education programs or~~	49015
~~classes that are described in section 3317.014 of the Revised~~	49016
~~Code, are provided by the community school, and are comparable as~~	49017
~~determined by the superintendent of public instruction to school~~	49018
~~district vocational education programs and classes eligible for~~	49019
~~state weighted funding under section 3317.014 of the Revised Code,~~	49020
~~an amount equal to the applicable vocational education weight~~	49021
~~times the community school's base formula amount times the~~	49022
~~percentage of time the student spends in the vocational education~~	49023
~~programs or classes.~~	49024

~~(5) An amount equal to the sum of the amounts obtained when,~~	49025
~~for each school district where the community school's students are~~	49026
~~entitled to attend school, the number of that district's students~~	49027
~~enrolled in the community school who are included in the~~	49028
~~district's poverty student count is multiplied by the per pupil~~	49029
~~amount of poverty-based assistance that school district receives~~	49030
~~that year pursuant to division (C) of section 3317.029 of the~~	49031
~~Revised Code, as adjusted by any poverty-based assistance~~	49032
~~reduction factor of the community school. The per pupil amount of~~	49033
~~aid shall be determined as described in division (C)(4) of this~~	49034
~~section.~~	49035

~~(6) An amount equal to the sum of the amounts obtained when,~~	49036
~~for each school district where the community school's students are~~	49037
~~entitled to attend school, the district's per pupil amount of aid~~	49038
~~received under division (E) of section 3317.029 of the Revised~~	49039
~~Code, as adjusted by any poverty-based assistance reduction~~	49040
~~factor of the community school, is multiplied by the sum of the~~	49041
~~following:~~	49042

~~(a) The number of the district's students reported under~~	49043
~~division (B)(2)(a) of this section who are enrolled in grades one~~	49044
~~to three in that community school and who are not receiving~~	49045
~~special education and related services pursuant to an IEP;~~	49046

~~(b) One-half of the district's students who are enrolled in~~	49047
~~all-day or any other kindergarten class in that community school~~	49048
~~and who are not receiving special education and related services~~	49049
~~pursuant to an IEP;~~	49050

~~(c) One-half of the district's students who are enrolled in~~	49051
~~all-day kindergarten in that community school and who are not~~	49052
~~receiving special education and related services pursuant to an~~	49053
~~IEP.~~	49054

~~The district's per pupil amount of aid under division (E) of~~	49055
~~section 3317.029 of the Revised Code shall be determined as~~	49056
~~described in division (C)(5) of this section.~~	49057

~~(7) An amount equal to the sum of the amounts obtained when,~~	49058
~~for each school district where the community school's students are~~	49059
~~entitled to attend school, the number of that district's students~~	49060
~~enrolled in the community school who are identified as~~	49061
~~limited-English proficient is multiplied by the district's per~~	49062
~~pupil amount received under division (F) of section 3317.029 of~~	49063
~~the Revised Code, as adjusted by any poverty-based assistance~~	49064
~~reduction factor of the community school.~~	49065

~~(8) An amount equal to the sum of the amounts obtained when,~~	49066
~~for each school district where the community school's students are~~	49067
~~entitled to attend school, the district's per pupil amount~~	49068
~~received under division (G) of section 3317.029 of the Revised~~	49069
~~Code, as adjusted by any poverty-based assistance reduction factor~~	49070
~~of the community school, is multiplied by the sum of the~~	49071
~~following:~~	49072

~~(a) The number of the district's students enrolled in grades~~	49073
~~one through twelve in that community school;~~	49074

~~(b) One-half of the number of the district's students~~	49075
~~enrolled in kindergarten in that community school.~~	49076

~~The district's per pupil amount under division (G) of section~~	49077
~~3317.029 of the Revised Code shall be determined as described in~~	49078
~~division (C)(7) of this section.~~	49079

~~(9) An amount equal to the sum of the amounts obtained when,~~	49080
~~for each school district where the community school's students are~~	49081
~~entitled to attend school, the district's per pupil amount~~	49082
~~received under divisions (H) and (I) of section 3317.029 of the~~	49083
~~Revised Code, as adjusted by any poverty-based assistance~~	49084
~~reduction factor of the community school, is multiplied by the sum~~	49085
~~of the following:~~	49086

~~(a) The number of the district's students enrolled in grades~~	49087
~~one through twelve in that community school;~~	49088

~~(b) One-half of the number of the district's students~~	49089
~~enrolled in kindergarten in that community school.~~	49090

~~The district's per pupil amount under divisions (H) and (I)~~	49091
~~of section 3317.029 of the Revised Code shall be determined as~~	49092
~~described in division (C)(8) of this section.~~	49093

~~(10) An amount equal to the sum of the amounts obtained when,~~	49094
~~for each school district where the community school's students are~~	49095
~~entitled to attend school, the district's per pupil amount of~~	49096
~~state parity aid funding calculated under either division (C) or~~	49097
~~(D) of section 3317.0217 of the Revised Code is multiplied by the~~	49098
~~sum of the number of that district's students enrolled in grades~~	49099
~~one through twelve, and one-half of the number of that district's~~	49100
~~students enrolled in kindergarten, in the community school as~~	49101
~~reported under division (B)(2)(a) and (b) of this section~~amount	49102
calculated for the school under section 3306.16 of the Revised	49103
Code.	49104

~~(E)~~(D)(1) If a community school's costs for a fiscal year for	49105
a student receiving special education and related services	49106
pursuant to an IEP for a disability described in divisions ~~(B) to~~	49107
~~(F)~~(D)(2) to (6) of section ~~3317.013~~3306.02 of the Revised Code	49108
exceed the threshold catastrophic cost for serving the student as	49109
specified in division (C)(3)(b) of section 3317.022 of the Revised	49110
Code, the school may submit to the superintendent of public	49111
instruction documentation, as prescribed by the superintendent, of	49112
all its costs for that student. Upon submission of documentation	49113
for a student of the type and in the manner prescribed, the	49114
department shall pay to the community school an amount equal to	49115
the school's costs for the student in excess of the threshold	49116
catastrophic costs.	49117

(2) The community school shall only report under division	49118
~~(E)~~(D)(1) of this section, and the department shall only pay for,	49119
the costs of educational expenses and the related services	49120
provided to the student in accordance with the student's	49121
~~individualized education program~~IEP. Any legal fees, court costs,	49122
or other costs associated with any cause of action relating to the	49123
student may not be included in the amount.	49124

~~(F)~~(E) A community school may apply to the department of	49125
education for preschool children with disabilities ~~or gifted~~ unit	49126
funding the school would receive if it were a school district.	49127
Upon request of its governing authority, a community school that	49128
received such preschool unit funding as a school district-operated	49129
school before it became a community school shall retain any units	49130
awarded to it as a school district-operated school provided the	49131
school continues to meet eligibility standards for the unit.	49132

A community school shall be considered a school district and	49133
its governing authority shall be considered a board of education	49134
for the purpose of applying to any state or federal agency for	49135
grants that a school district may receive under federal or state	49136
law or any appropriations act of the general assembly. The	49137
governing authority of a community school may apply to any private	49138
entity for additional funds.	49139

~~(G)~~(F) A board of education sponsoring a community school may	49140
utilize local funds to make enhancement grants to the school or	49141
may agree, either as part of the contract or separately, to	49142
provide any specific services to the community school at no cost	49143
to the school.	49144

~~(H)~~(G) A community school may not levy taxes or issue bonds	49145
secured by tax revenues.	49146

~~(I)~~(H) No community school shall charge tuition for the	49147
enrollment of any student.	49148

~~(J)~~(I)(1)(a) A community school may borrow money to pay any	49149
necessary and actual expenses of the school in anticipation of the	49150
receipt of any portion of the payments to be received by the	49151
school pursuant to division ~~(D)~~(C) of this section. The school may	49152
issue notes to evidence such borrowing. The proceeds of the notes	49153
shall be used only for the purposes for which the anticipated	49154
receipts may be lawfully expended by the school.	49155

(b) A school may also borrow money for a term not to exceed	49156
fifteen years for the purpose of acquiring facilities.	49157

(2) Except for any amount guaranteed under section 3318.50 of	49158
the Revised Code, the state is not liable for debt incurred by the	49159
governing authority of a community school.	49160

~~(K) For purposes of determining the number of students for~~	49161
~~which divisions (D)(5) and (6) of this section applies in any~~	49162
~~school year, a community school may submit to the department of~~	49163
~~job and family services, no later than the first day of March, a~~	49164
~~list of the students enrolled in the school. For each student on~~	49165
~~the list, the community school shall indicate the student's name,~~	49166
~~address, and date of birth and the school district where the~~	49167
~~student is entitled to attend school. Upon receipt of a list under~~	49168
~~this division, the department of job and family services shall~~	49169
~~determine, for each school district where one or more students on~~	49170
~~the list is entitled to attend school, the number of students~~	49171
~~residing in that school district who were included in the~~	49172
~~department's report under section 3317.10 of the Revised Code. The~~	49173
~~department shall make this determination on the basis of~~	49174
~~information readily available to it. Upon making this~~	49175
~~determination and no later than ninety days after submission of~~	49176
~~the list by the community school, the department shall report to~~	49177
~~the state department of education the number of students on the~~	49178
~~list who reside in each school district who were included in the~~	49179
~~department's report under section 3317.10 of the Revised Code. In~~	49180
~~complying with this division, the department of job and family~~	49181
~~services shall not report to the state department of education any~~	49182
~~personally identifiable information on any student.~~	49183

~~(L)~~(J) The department of education shall adjust the ~~amounts~~	49184
~~subtracted and~~amount paid under ~~divisions~~division (C) ~~and (D)~~ of	49185
this section to reflect any enrollment of students in community	49186
schools for less than the equivalent of a full school year. The	49187
state board of education ~~within ninety days after April 8, 2003,~~	49188
shall adopt in accordance with Chapter 119. of the Revised Code	49189
rules governing the payments to community schools under this	49190
section ~~and section 3314.13 of the Revised Code~~ including initial	49191
payments in a school year and adjustments and reductions made in	49192
subsequent periodic payments to community schools ~~and~~	49193
~~corresponding deductions from school district accounts as~~	49194
~~provided under divisions (C) and (D) of this section and section~~	49195
~~3314.13 of the Revised Code~~. For purposes of this section ~~and~~	49196
~~section 3314.13 of the Revised Code~~:	49197

(1) A student shall be considered enrolled in the community	49198
school for any portion of the school year the student is	49199
participating at a college under Chapter 3365. of the Revised	49200
Code.	49201

(2) A student shall be considered to be enrolled in a	49202
community school during a school year for the period of time	49203
beginning on the later of the date on which the school both has	49204
received documentation of the student's enrollment from a parent	49205
and the student has commenced participation in learning	49206
opportunities as defined in the contract with the sponsor, or	49207
thirty days prior to the date on which the student is entered into	49208
the education management information system established under	49209
section 3301.0714 of the Revised Code. For purposes of applying	49210
this division and division ~~(L)~~(J)(3) of this section to a	49211
community school student, "learning opportunities" shall be	49212
defined in the contract, which shall describe both	49213
classroom-based and non-classroom-based learning opportunities	49214
and shall be in compliance with criteria and documentation	49215
requirements for student participation which shall be established	49216
by the department. Any student's instruction time in	49217
non-classroom-based learning opportunities shall be certified by	49218
an employee of the community school. A student's enrollment shall	49219
be considered to cease on the date on which any of the following	49220
occur:	49221

(a) The community school receives documentation from a parent	49222
terminating enrollment of the student.	49223

(b) The community school is provided documentation of a	49224
student's enrollment in another public or private school.	49225

(c) The community school ceases to offer learning	49226
opportunities to the student pursuant to the terms of the contract	49227
with the sponsor or the operation of any provision of this	49228
chapter.	49229

(3) The department shall determine each community school	49230
student's percentage of full-time equivalency based on the	49231
percentage of learning opportunities offered by the community	49232
school to that student, reported either as number of hours or	49233
number of days, is of the total learning opportunities offered	49234
by the community school to a student who attends for the school's	49235
entire school year~~. However, no~~, subject to both of the following	49236
requirements:	49237

(a) No internet- or computer-based community school shall	49238
be credited for any time a student spends participating in	49239
learning opportunities beyond ten hours within any period of	49240
twenty-four consecutive hours. ~~Whether~~	49241

(b) In the case of a community school and for which the	49242
mission is to serve primarily dropouts, the department shall count	49243
each enrolled student in the school's ADM only for the full-time	49244
equivalent amount of hours the student participates in	49245
classroom-based learning opportunities and shall not count any	49246
time a student participates in non-classroom-based learning	49247
opportunities.	49248

Whether it reports hours or days of learning opportunities,	49249
each community school shall offer not less than ~~nine hundred~~	49250
~~twenty~~the applicable minimum number of hours of learning	49251
opportunities during the school year prescribed by section	49252
3314.031 of the Revised Code.	49253

~~(M)~~(K) The department of education shall reduce the amounts	49254
paid under division ~~(D)~~(C) of this section to reflect payments	49255
made to colleges under division (B) of section 3365.07 of the	49256
Revised Code or through alternative funding agreements entered	49257
into under rules adopted under section 3365.12 of the Revised	49258
Code.	49259

~~(N)~~(L)(1) No student shall be considered enrolled in any	49260
internet- or computer-based community school or, if applicable to	49261
the student, in any community school that is required to provide	49262
the student with a computer pursuant to division (C) of section	49263
3314.22 of the Revised Code, unless both of the following	49264
conditions are satisfied:	49265

(a) The student possesses or has been provided with all	49266
required hardware and software materials and all such materials	49267
are operational so that the student is capable of fully	49268
participating in the learning opportunities specified in the	49269
contract between the school and the school's sponsor as required	49270
by division (A)(23) of section 3314.03 of the Revised Code;	49271

(b) The school is in compliance with division (A) of section	49272
3314.22 of the Revised Code, relative to such student.	49273

(2) In accordance with policies adopted jointly by the	49274
superintendent of public instruction and the auditor of state, the	49275
department shall reduce the amounts otherwise payable under	49276
division ~~(D)~~(C) of this section to any community school that	49277
includes in its program the provision of computer hardware and	49278
software materials to any student, if such hardware and software	49279
materials have not been delivered, installed, and activated for	49280
each such student in a timely manner or other educational	49281
materials or services have not been provided according to the	49282
contract between the individual community school and its sponsor.	49283

The superintendent of public instruction and the auditor of	49284
state shall jointly establish a method for auditing any community	49285
school to which this division pertains to ensure compliance with	49286
this section.	49287

The superintendent, auditor of state, and the governor shall	49288
jointly make recommendations to the general assembly for	49289
legislative changes that may be required to assure fiscal and	49290
academic accountability for such schools.	49291

~~(O)~~(M)(1) If the department determines that a review of a	49292
community school's enrollment is necessary, such review shall be	49293
completed and written notice of the findings shall be provided to	49294
the governing authority of the community school and its sponsor	49295
within ninety days of the end of the community school's fiscal	49296
year, unless extended for a period not to exceed thirty additional	49297
days for one of the following reasons:	49298

(a) The department and the community school mutually agree to	49299
the extension.	49300

(b) Delays in data submission caused by either a community	49301
school or its sponsor.	49302

(2) If the review results in a finding that additional	49303
funding is owed to the school, such payment shall be made within	49304
thirty days of the written notice. If the review results in a	49305
finding that the community school owes moneys to the state, the	49306
following procedure shall apply:	49307

(a) Within ten business days of the receipt of the notice of	49308
findings, the community school may appeal the department's	49309
determination to the state board of education or its designee.	49310

(b) The board or its designee shall conduct an informal	49311
hearing on the matter within thirty days of receipt of such an	49312
appeal and shall issue a decision within fifteen days of the	49313
conclusion of the hearing.	49314

(c) If the board has enlisted a designee to conduct the	49315
hearing, the designee shall certify its decision to the board. The	49316
board may accept the decision of the designee or may reject the	49317
decision of the designee and issue its own decision on the matter.	49318

(d) Any decision made by the board under this division is	49319
final.	49320

(3) If it is decided that the community school owes moneys to	49321
the state, the department shall deduct such amount from the	49322
school's future payments in accordance with guidelines issued by	49323
the superintendent of public instruction.	49324

~~(Q)~~(N) The department ~~shall not subtract from a school~~	49325
~~district's state aid account under division (C) of this section~~	49326
~~and~~ shall not pay to a community school under division ~~(D)~~(C) of	49327
this section any amount for any of the following:	49328

(1) Any student who has graduated from the twelfth grade of a	49329
public or nonpublic high school;	49330

(2) Any student who is not a resident of the state;

49331

(3) Any student who was enrolled in the community school	49332
during the previous school year when ~~tests~~assessments were	49333
administered under section 3301.0711 of the Revised Code but did	49334
not take one or more of the ~~tests~~assessments required by that	49335
section and was not excused pursuant to division (C)(1) or (3) of	49336
that section, unless the superintendent of public instruction	49337
grants the student a waiver from the requirement to take the ~~test~~	49338
assessment and a parent is not paying tuition for the student	49339
pursuant to section 3314.26 of the Revised Code. The	49340
superintendent may grant a waiver only for good cause in	49341
accordance with rules adopted by the state board of education.	49342

(4) Any student who has attained the age of twenty-two years,	49343
except for veterans of the armed services whose attendance was	49344
interrupted before completing the recognized twelve-year course of	49345
the public schools by reason of induction or enlistment in the	49346
armed forces and who apply for enrollment in a community school	49347
not later than four years after termination of war or their	49348
honorable discharge. If, however, any such veteran elects to	49349
enroll in special courses organized for veterans for whom tuition	49350
is paid under federal law, or otherwise, the department ~~shall not~~	49351
~~subtract from a school district's state aid account under division~~	49352
~~(C) of this section and~~ shall not pay to a community school under	49353
division ~~(D)~~(C) of this section any amount for that veteran.	49354

Sec. 3314.083. If the department of education pays a joint	49355
vocational school district under division (G)(4) of section	49356
3317.16 of the Revised Code for excess costs of providing special	49357
education and related services to a student with a disability who	49358
is enrolled in a community school, as calculated under division	49359
(G)(2) of that section, the department shall deduct the amount of	49360
that payment from the amount calculated for payment to the	49361
community school under section ~~3314.08~~3306.16 of the Revised	49362
Code.	49363

Sec. 3314.084. (A) As used in this section:

49364

(1) ~~"Formula ADM" has the same meaning as in section 3317.03~~	49365
~~of the Revised Code.~~	49366

~~(2)~~ "Home" has the same meaning as in section 3313.64 of the	49367
Revised Code.	49368

~~(3)~~(2) "School district of residence" has the same meaning as	49369
in section 3323.01 of the Revised Code; however, a community	49370
school established under this chapter is not a "school district of	49371
residence" for purposes of this section.	49372

(B) Notwithstanding anything to the contrary in section	49373
3314.08 or 3317.03 of the Revised Code, ~~all of the following apply~~	49374
in the case of a child who is enrolled in a community school and	49375
is also living in a home:	49376

~~(1) For~~, for purposes of the report required under division	49377
(B)~~(1)~~ of section 3314.08 of the Revised Code, the child's school	49378
district of residence, and not the school district in which the	49379
home that the child is living in is located, shall be considered	49380
to be the school district in which the child is entitled to attend	49381
school. ~~That school district of residence, therefore, shall make~~	49382
~~the report required under division (B)(1) of section 3314.08 of~~	49383
~~the Revised Code with respect to the child.~~	49384

~~(2) For purposes of the report required under division (B)(2)~~	49385
~~of section 3314.08 of the Revised Code, the community school shall~~	49386
~~report the name of the child's school district of residence.~~	49387

~~(3) The child's school district of residence shall count the~~	49388
~~child in that district's formula ADM.~~	49389

~~(4) The school district in which the home that the child is~~	49390
~~living in is located shall not count the child in that district's~~	49391
~~formula ADM.~~	49392

~~(5) The Department of Education shall deduct the applicable~~	49393
~~amounts prescribed under division (C) of section 3314.08 and~~	49394
~~division (D) of section 3314.13 of the Revised Code from the~~	49395
~~child's school district of residence and shall not deduct those~~	49396
~~amounts from the school district in which the home that the child~~	49397
~~is living in is located.~~	49398

~~(6) The Department shall make the payments prescribed in~~	49399
~~divisions (D) and (E) of section 3314.08 and section 3314.13 of~~	49400
~~the Revised Code, as applicable, to the community school.~~	49401

Sec. 3314.087. (A) As used in this section:

49402

(1) "Career-technical program" means vocational programs or	49403
classes described in division (A) or (B) of section 3317.014 of	49404
the Revised Code in which a student is enrolled.	49405

(2) "Formula ADM," "category one or two vocational education	49406
ADM," and "FTE basis" have the same meanings as in section 3317.02	49407
of the Revised Code.	49408

(3) "Resident school district" means the city, exempted	49409
village, or local school district in which a student is entitled	49410
to attend school under section 3313.64 or 3313.65 of the Revised	49411
Code.	49412

(B) Notwithstanding anything to the contrary in this chapter	49413
or Chapter 3306. or 3317. of the Revised Code, a student enrolled	49414
in a community school may simultaneously enroll in the	49415
career-technical program operated by the student's resident	49416
school district. On an FTE basis, the student's resident school	49417
district shall count the student in the category one or two	49418
vocational education ADM for the proportion of the time the	49419
student is enrolled in the district's career-technical program	49420
and, accordingly, the department of education shall calculate	49421
funds under Chapter 3317. for the district attributable to the	49422
student for the proportion of time the student attends the	49423
career-technical program. The community school shall count the	49424
student in its enrollment report under section 3314.08 of the	49425
Revised Code and shall report to the department the proportion of	49426
time that the student attends classes at the community school.	49427
The department shall pay the community school ~~and deduct from the~~	49428
~~student's resident school district~~ the amount computed for the	49429
student under section ~~3314.08~~3306.16 of the Revised Code in	49430
proportion to the fraction of the time on an FTE basis that the	49431
student attends classes at the community school. "Full-time	49432
equivalency" for a community school student, as defined in	49433
division ~~(L)~~(J) of section 3314.08 of the Revised Code, does not	49434
apply to the student.	49435

Sec. 3314.091. (A) A school district is not required to	49436
provide transportation for any native student enrolled in a	49437
community school if the district board of education has entered	49438
into an agreement with the community school's governing authority	49439
that designates the community school as responsible for providing	49440
or arranging for the transportation of the district's native	49441
students to and from the community school. For any such agreement	49442
to be effective, it must be certified by the superintendent of	49443
public instruction as having met all of the following	49444
requirements:	49445

(1) It is submitted to the department of education by a	49446
deadline which shall be established by the department.	49447

(2) In accordance with divisions (C)(1) and (2) of this	49448
section, it specifies qualifications, such as residing a minimum	49449
distance from the school, for students to have their	49450
transportation provided or arranged.	49451

(3) The transportation provided by the community school is	49452
subject to all provisions of the Revised Code and all rules	49453
adopted under the Revised Code pertaining to pupil transportation.	49454

(4) The sponsor of the community school also has signed the	49455
agreement.	49456

(B)(1) For the school year that begins on July 1, 2007, a	49457
school district is not required to provide transportation for any	49458
native student enrolled in a community school, if the community	49459
school during the previous school year transported the students	49460
enrolled in the school or arranged for the students'	49461
transportation, even if that arrangement consisted of having	49462
parents transport their children to and from the school, but did	49463
not enter into an agreement to transport or arrange for	49464
transportation for those students under division (A) of this	49465
section, and if the governing authority of the community school by	49466
July 15, 2007, submits written notification to the district board	49467
of education stating that the governing authority is accepting	49468
responsibility for providing or arranging for the transportation	49469
of the district's native students to and from the community	49470
school.	49471

(2) For any school year subsequent to the school year that	49472
begins on July 1, 2007, a school district is not required to	49473
provide transportation for any native student enrolled in a	49474
community school if the governing authority of the community	49475
school, by the thirty-first day of January of the previous school	49476
year, submits written notification to the district board of	49477
education stating that the governing authority is accepting	49478
responsibility for providing or arranging for the transportation	49479
of the district's native students to and from the community	49480
school. If the governing authority of the community school has	49481
previously accepted responsibility for providing or arranging for	49482
the transportation of a district's native students to and from the	49483
community school, under division (B)(1) or (2) of this section,	49484
and has since relinquished that responsibility under division	49485
(B)(3) of this section, the governing authority shall not accept	49486
that responsibility again unless the district board consents to	49487
the governing authority's acceptance of that responsibility.	49488

(3) A governing authority's acceptance of responsibility	49489
under division (B)(1) or (2) of this section shall cover an entire	49490
school year, and shall remain in effect for subsequent school	49491
years unless the governing authority submits written notification	49492
to the district board that the governing authority is	49493
relinquishing the responsibility. However, a governing authority	49494
shall not relinquish responsibility for transportation before the	49495
end of a school year, and shall submit the notice relinquishing	49496
responsibility by the thirty-first day of January, in order to	49497
allow the school district reasonable time to prepare	49498
transportation for its native students enrolled in the school.	49499

(C)(1) A community school governing authority that enters	49500
into an agreement under division (A) of this section, or that	49501
accepts responsibility under division (B) of this section, shall	49502
provide or arrange transportation free of any charge for each of	49503
its enrolled students who is required to be transported under	49504
section 3327.01 of the Revised Code or who would otherwise be	49505
transported by the school district under the district's	49506
transportation policy. The governing authority shall report to the	49507
department of education the number of students transported or for	49508
whom transportation is arranged under this section in accordance	49509
with rules adopted by the state board of education.	49510

(2) The governing authority may provide or arrange	49511
transportation for any other enrolled student who is not eligible	49512
for transportation in accordance with division (C)(1) of this	49513
section and may charge a fee for such service up to the actual	49514
cost of the service.	49515

(3) Notwithstanding anything to the contrary in division	49516
(C)(1) or (2) of this section, a community school governing	49517
authority shall provide or arrange transportation free of any	49518
charge for any disabled student enrolled in the school for whom	49519
the student's individualized education program developed under	49520
Chapter 3323. of the Revised Code specifies transportation.	49521

(D)(1) If a school district board and a community school	49522
governing authority elect to enter into an agreement under	49523
division (A) of this section, the department of education shall	49524
make payments to the community school according to the terms of	49525
the agreement for each student actually transported under	49526
division (C)(1) of this section.	49527

If a community school governing authority accepts	49528
transportation responsibility under division (B) of this section,	49529
the department shall make payments to the community school for	49530
each student actually transported or for whom transportation is	49531
arranged by the community school under division (C)(1) of this	49532
section, calculated as follows:	49533

(a) For any fiscal year which the general assembly has	49534
specified that transportation payments to school districts be	49535
based on an across-the-board percentage of the district's payment	49536
for the previous school year, the per pupil payment to the	49537
community school shall be the following quotient:	49538

(i) The total amount calculated for the school district in	49539
which the child is entitled to attend school for student	49540
transportation other than transportation of children with	49541
disabilities; divided by	49542

(ii) The number of students included in the district's	49543
transportation ADM for the current fiscal year, as reported under	49544
division (B)(13) of section 3317.03 of the Revised Code, plus the	49545
number of students enrolled in the community school not counted in	49546
the district's transportation ADM who are transported under	49547
division (B)(1) or (2) of this section.	49548

(b) For any fiscal year which the general assembly has	49549
specified that the transportation payments to school districts be	49550
calculated in accordance with ~~division (D) of~~ section ~~3317.022~~	49551
3306.12 of the Revised Code and any rules of the state board of	49552
education implementing that ~~division~~section, the payment to the	49553
community school shall be the amount so calculated that otherwise	49554
would be paid to the school district in which the student is	49555
entitled to attend school by the method of transportation the	49556
district would have used. The community school, however, is not	49557
required to use the same method to transport that student.	49558

As used in this division "entitled to attend school" means	49559
entitled to attend school under section 3313.64 or 3313.65 of the	49560
Revised Code.	49561

(2) The department shall deduct the payment under division	49562
(D)(1) of this section from the state education aid, as defined	49563
in section ~~3314.08~~5751.20 of the Revised Code, and, if	49564
necessary, the payment under sections 321.14 and 323.156 of the	49565
Revised Code, that is otherwise paid to the school district in	49566
which the student enrolled in the community school is entitled	49567
to attend school. The department shall include the number of the	49568
district's native students for whom payment is made to a	49569
community school under division (D)(1) of this section in the	49570
calculation of the district's transportation payment under	49571
~~division (D) of~~ section ~~3317.022~~3306.12 of the Revised Code and	49572
the operating appropriations act.	49573

(3) A community school shall be paid under division (D)(1)	49574
of this section only for students who are eligible as specified	49575
in section 3327.01 of the Revised Code and division (C)(1) of this	49576
section, and whose transportation to and from school is actually	49577
provided, who actually utilized transportation arranged, or for	49578
whom a payment in lieu of transportation is made by the community	49579
school's governing authority. To qualify for the payments, the	49580
community school shall report to the department, in the form and	49581
manner required by the department, data on the number of students	49582
transported or whose transportation is arranged, the number of	49583
miles traveled, cost to transport, and any other information	49584
requested by the department.	49585

(4) A community school shall use payments received under this	49586
section solely to pay the costs of providing or arranging for the	49587
transportation of students who are eligible as specified in	49588
section 3327.01 of the Revised Code and division (C)(1) of this	49589
section, which may include payments to a parent, guardian, or	49590
other person in charge of a child in lieu of transportation.	49591

(E) Except when arranged through payment to a parent,	49592
guardian, or person in charge of a child, transportation provided	49593
or arranged for by a community school pursuant to an agreement	49594
under this section is subject to all provisions of the Revised	49595
Code, and all rules adopted under the Revised Code, pertaining to	49596
the construction, design, equipment, and operation of school buses	49597
and other vehicles transporting students to and from school. The	49598
drivers and mechanics of the vehicles are subject to all	49599
provisions of the Revised Code, and all rules adopted under the	49600
Revised Code, pertaining to drivers and mechanics of such	49601
vehicles. The community school also shall comply with sections	49602
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	49603
of section 3327.16 of the Revised Code and, subject to division	49604
(C)(1) of this section, sections 3327.01 and 3327.02 of the	49605
Revised Code, as if it were a school district.	49606

Sec. 3314.10. (A)(1) The governing authority of any	49607
community school established under this chapter may employ	49608
teachers and nonteaching employees necessary to carry out its	49609
mission and fulfill its contract.	49610

(2) Except as provided under division (A)(3) of this section,	49611
employees hired under this section may organize and collectively	49612
bargain pursuant to Chapter 4117. of the Revised Code.	49613
Notwithstanding division (D)(1) of section 4117.06 of the Revised	49614
Code, a unit containing teaching and nonteaching employees	49615
employed under this section shall be considered an appropriate	49616
unit. As applicable, employment under this section is subject to	49617
either Chapter 3307. or 3309. of the Revised Code.	49618

(3) If a school is created by converting all or part of an	49619
existing public school rather than by establishment of a new	49620
start-up school, at the time of conversion, the employees of the	49621
community school shall remain part of any collective bargaining	49622
unit in which they were included immediately prior to the	49623
conversion and shall remain subject to any collective bargaining	49624
agreement for that unit in effect on the first day of July of the	49625
year in which the community school initially begins operation and	49626
shall be subject to any subsequent collective bargaining agreement	49627
for that unit, unless a petition is certified as sufficient under	49628
division (A)(6) of this section with regard to those employees.	49629
Any new employees of the community school shall also be included	49630
in the unit to which they would have been assigned had not the	49631
conversion taken place and shall be subject to the collective	49632
bargaining agreement for that unit unless a petition is certified	49633
as sufficient under division (A)(6) of this section with regard to	49634
those employees.	49635

Notwithstanding division (B) of section 4117.01 of the	49636
Revised Code, the board of education of a school district and not	49637
the governing authority of a community school shall be regarded,	49638
for purposes of Chapter 4117. of the Revised Code, as the "public	49639
employer" of the employees of a conversion community school	49640
subject to a collective bargaining agreement pursuant to division	49641
(A)(3) of this section unless a petition is certified under	49642
division (A)(6) of this section with regard to those employees.	49643
Only on and after the effective date of a petition certified as	49644
sufficient under division (A)(6) of this section shall division	49645
(A)(2) of this section apply to those employees of that community	49646
school and only on and after the effective date of that petition	49647
shall Chapter 4117. of the Revised Code apply to the governing	49648
authority of that community school with regard to those employees.	49649

(4) Notwithstanding sections 4117.03 to 4117.18 of the	49650
Revised Code and Section 4 of Amended Substitute Senate Bill No.	49651
133 of the 115th general assembly, the employees of a conversion	49652
community school who are subject to a collective bargaining	49653
agreement pursuant to division (A)(3) of this section shall cease	49654
to be subject to that agreement and all subsequent agreements	49655
pursuant to that division and shall cease to be part of the	49656
collective bargaining unit that is subject to that and all	49657
subsequent agreements, if a majority of the employees of that	49658
community school who are subject to that collective bargaining	49659
agreement sign and submit to the state employment relations board	49660
a petition requesting all of the following:	49661

(a) That all the employees of the community school who are	49662
subject to that agreement be removed from the bargaining unit that	49663
is subject to that agreement and be designated by the state	49664
employment relations board as a new and separate bargaining unit	49665
for purposes of Chapter 4117. of the Revised Code;	49666

(b) That the employee organization certified as the exclusive	49667
representative of the employees of the bargaining unit from which	49668
the employees are to be removed be certified as the exclusive	49669
representative of the new and separate bargaining unit for	49670
purposes of Chapter 4117. of the Revised Code;	49671

(c) That the governing authority of the community school be	49672
regarded as the "public employer" of these employees for purposes	49673
of Chapter 4117. of the Revised Code.	49674

(5) Notwithstanding sections 4117.03 to 4117.18 of the	49675
Revised Code and Section 4 of Amended Substitute Senate Bill No.	49676
133 of the 115th general assembly, the employees of a conversion	49677
community school who are subject to a collective bargaining	49678
agreement pursuant to division (A)(3) of this section shall cease	49679
to be subject to that agreement and all subsequent agreements	49680
pursuant to that division, shall cease to be part of the	49681
collective bargaining unit that is subject to that and all	49682
subsequent agreements, and shall cease to be represented by any	49683
exclusive representative of that collective bargaining unit, if a	49684
majority of the employees of the community school who are subject	49685
to that collective bargaining agreement sign and submit to the	49686
state employment relations board a petition requesting all of the	49687
following:	49688

(a) That all the employees of the community school who are	49689
subject to that agreement be removed from the bargaining unit that	49690
is subject to that agreement;	49691

(b) That any employee organization certified as the exclusive	49692
representative of the employees of that bargaining unit be	49693
decertified as the exclusive representative of the employees of	49694
the community school who are subject to that agreement;	49695

(c) That the governing authority of the community school be	49696
regarded as the "public employer" of these employees for purposes	49697
of Chapter 4117. of the Revised Code.	49698

(6) Upon receipt of a petition under division (A)(4) or (5)	49699
of this section, the state employment relations board shall check	49700
the sufficiency of the signatures on the petition. If the	49701
signatures are found sufficient, the board shall certify the	49702
sufficiency of the petition and so notify the parties involved,	49703
including the board of education, the governing authority of the	49704
community school, and any exclusive representative of the	49705
bargaining unit. The changes requested in a certified petition	49706
shall take effect on the first day of the month immediately	49707
following the date on which the sufficiency of the petition is	49708
certified under division (A)(6) of this section.	49709

(B)(1) The board of education of each city, local, and	49710
exempted village school district sponsoring a community school and	49711
the governing board of each educational service center in which a	49712
community school is located shall adopt a policy that provides a	49713
leave of absence of at least three years to each teacher or	49714
nonteaching employee of the district or service center who is	49715
employed by a conversion or new start-up community school	49716
sponsored by the district or located in the district or center for	49717
the period during which the teacher or employee is continuously	49718
employed by the community school. The policy shall also provide	49719
that any teacher or nonteaching employee may return to employment	49720
by the district or service center if the teacher or employee	49721
leaves or is discharged from employment with the community school	49722
for any reason, unless, in the case of a teacher, the board of the	49723
district or service center determines that the teacher was	49724
discharged for a reason for which the board would have sought to	49725
discharge the teacher under section 3319.16 of the Revised Code,	49726
in which case the board may proceed to discharge the teacher	49727
utilizing the procedures of that section. Upon termination of such	49728
a leave of absence, any seniority that is applicable to the person	49729
shall be calculated to include all of the following: all	49730
employment by the district or service center prior to the leave of	49731
absence; all employment by the community school during the leave	49732
of absence; and all employment by the district or service center	49733
after the leave of absence. The policy shall also provide that if	49734
any teacher holding valid certification returns to employment by	49735
the district or service center upon termination of such a leave of	49736
absence, the teacher shall be restored to the previous position	49737
and salary or to a position and salary similar thereto. If, as a	49738
result of teachers returning to employment upon termination of	49739
such leaves of absence, a school district or educational service	49740
center reduces the number of teachers it employs, it shall make	49741
such reductions in accordance with section 3319.17 or, if	49742
applicable, 3319.171 of the Revised Code.	49743

Unless a collective bargaining agreement providing otherwise	49744
is in effect for an employee of a conversion community school	49745
pursuant to division (A)(3) of this section, an employee on a	49746
leave of absence pursuant to this division shall remain eligible	49747
for any benefits that are in addition to benefits under Chapter	49748
3307. or 3309. of the Revised Code provided by the district or	49749
service center to its employees provided the employee pays the	49750
entire cost associated with such benefits, except that personal	49751
leave and vacation leave cannot be accrued for use as an employee	49752
of a school district or service center while in the employ of a	49753
community school unless the district or service center board	49754
adopts a policy expressly permitting this accrual.	49755

(2) While on a leave of absence pursuant to division (B)(1)	49756
of this section, a conversion community school shall permit a	49757
teacher to use sick leave accrued while in the employ of the	49758
school district from which the leave of absence was taken and	49759
prior to commencing such leave. If a teacher who is on such a	49760
leave of absence uses sick leave so accrued, the cost of any	49761
salary paid by the community school to the teacher for that time	49762
shall be reported to the department of education. The cost of	49763
employing a substitute teacher for that time shall be paid by the	49764
community school. The department of education shall add amounts to	49765
the payments made to a community school under this chapter and	49766
section 3306.16 of the Revised Code as necessary to cover the cost	49767
of salary reported by a community school as paid to a teacher	49768
using sick leave so accrued pursuant to this section. The	49769
department shall subtract the amounts of any payments made to	49770
community schools under this division from payments made to such	49771
sponsoring school district under ~~Chapter~~Chapters 3306. and 3317.	49772
of the Revised Code.	49773

A school district providing a leave of absence and employee	49774
benefits to a person pursuant to this division is not liable for	49775
any action of that person while the person is on such leave and	49776
employed by a community school.	49777

Sec. 3314.102. Each community school shall do both of the	49778
following in the same manner as required of a school district:	49779

(A) Comply with the provisions of section 3319.074 of the	49780
Revised Code, except that the prohibition in division (B) of that	49781
section shall apply only to teachers hired by the school on or	49782
after the effective date of this section;	49783

(B) Employ as classroom teachers only persons who are	49784
licensed under sections 3319.22 to 3319.31 of the Revised Code in	49785
a manner that is in compliance with any rules of the state board	49786
of education that either implement those sections or otherwise	49787
require teachers to teach in the subject areas or grade levels for	49788
which they are licensed.	49789

A community school may engage persons issued permits under	49790
section 3319.301 of the Revised Code in the same manner as may	49791
school districts.	49792

Sec. 3314.19. The sponsor of each community school annually	49793
shall provide the following assurances in writing to the	49794
department of education not later than ten business days prior to	49795
the opening of the school:	49796

(A) That the sponsor has filed a current copy of the contract	49797
between the sponsor and the governing authority of the school	49798
entered into under section 3314.03 of the Revised Code ~~has been~~	49799
~~filed~~ with the state office of community schools established	49800
under section 3314.11 of the Revised Code and that the sponsor	49801
will file any subsequent modifications to that contract ~~will be~~	49802
~~filed~~ with the office;	49803

(B) That the school has submitted to the sponsor a plan for	49804
providing special education and related services to students with	49805
disabilities and has demonstrated the capacity to provide those	49806
services in accordance with Chapter 3323. of the Revised Code and	49807
federal law;	49808

(C) That the school has a plan and procedures for	49809
administering the achievement ~~tests~~ and diagnostic assessments	49810
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	49811
Revised Code;	49812

(D) That school personnel have the necessary training,	49813
knowledge, and resources to properly use and submit information to	49814
all databases maintained by the department for the collection of	49815
education data, including the education management information	49816
system established under section 3301.0714 of the Revised Code in	49817
accordance with methods and timelines established under section	49818
3314.17 of the Revised Code;	49819

(E) That the school has submitted all required information	49820
about the school ~~has been submitted~~ to the Ohio education	49821
directory system or any successor system;	49822

(F) That the school will enroll at least the minimum number	49823
of students required by division (A)(11)(a) of section 3314.03 of	49824
the Revised Code in the school year for which the assurances are	49825
provided;	49826

(G) That all classroom teachers are licensed in accordance	49827
with ~~sections 3319.22 to 3319.31 of the Revised Code, except for~~	49828
~~noncertificated persons engaged to teach up to twelve hours per~~	49829
~~week pursuant to~~ section ~~3319.301~~3314.102 of the Revised Code;	49830

(H) That the school's fiscal officer is in compliance with	49831
section 3314.011 of the Revised Code;	49832

(I) That the school has complied with sections 3319.39 and	49833
3319.391 of the Revised Code with respect to all employees, that	49834
the school has complied with section 3314.41 of the Revised Code	49835
with respect to persons described in division (B) of that section,	49836
and that the school has conducted a criminal records check of	49837
each of its governing authority members;	49838

(J) That the school holds all of the following:

49839

(1) Proof of property ownership or a lease for the facilities	49840
used by the school;	49841

(2) A certificate of occupancy;

49842

(3) Liability insurance for the school, as required by	49843
division (A)(11)(b) of section 3314.03 of the Revised Code, that	49844
the sponsor considers sufficient to indemnify the school's	49845
facilities, staff, and governing authority against risk;	49846

(4) A satisfactory health and safety inspection;

49847

(5) A satisfactory fire inspection;

49848

(6) A valid food permit, if applicable.

49849

(K) That the sponsor has conducted a pre-opening site visit	49850
to the school for the school year for which the assurances are	49851
provided;	49852

(L) That the school has designated a date it will open for	49853
the school year for which the assurances are provided that is in	49854
compliance with division (A)(25) of section 3314.03 of the Revised	49855
Code;	49856

(M) That the school has met all of the sponsor's requirements	49857
for opening and any other requirements of the sponsor.	49858

Sec. 3314.191. The sponsor of a community school is subject	49859
to this section if the sponsor fails to take an action described	49860
in division (A) or (K) of section 3314.19 of the Revised Code with	49861
respect to one or more of the community schools it sponsors, or if	49862
one or more of the community schools it sponsors fails to meet any	49863
of the criteria specified in divisions (B) to (J), (L), and (M) of	49864
that section.	49865

(A) In any year in which a sponsor becomes subject to this	49866
section, the department of education shall provide the sponsor	49867
with technical assistance to bring the sponsor or the community	49868
school into compliance with the criteria specified in section	49869
3314.19 of the Revised Code, and the sponsor shall take both of	49870
the following actions:	49871

(1) Develop and submit to the department a three-year	49872
operations improvement plan containing all of the following:	49873

(a) An analysis of the reasons for the sponsor's failure to	49874
comply with the criteria and to assure that the community schools	49875
it sponsors comply with the criteria;	49876

(b) Specific strategies the sponsor will use to address the	49877
problems in meeting the criteria;	49878

(c) Identification of the resources the sponsor will use to	49879
meet the criteria and to assure that the schools it sponsors meet	49880
the criteria;	49881

(d) A description of how the sponsor will measure its	49882
progress in meeting the criteria and assuring that the schools it	49883
sponsors meet the criteria.	49884

(2) Notify the parent or guardian of each student enrolled in	49885
each community school it sponsors with respect to which the	49886
criteria were not met, either in writing or by electronic means,	49887
of the criteria the sponsor or the school did not meet, the	49888
actions the sponsor is taking toward meeting the criteria and	49889
assuring that the school meets the criteria, and any progress the	49890
sponsor has achieved in the immediately preceding school year	49891
toward meeting the criteria and assuring that the school meets the	49892
criteria.	49893

(B) If a sponsor becomes subject to this section in a second	49894
consecutive year, both of the following apply:	49895

(1) The sponsor shall take the actions required by divisions	49896
(A)(1) and (2) of this section;	49897

(2) The department shall declare the sponsor to be in	49898
probationary status, and monitor the sponsor's actions to	49899
implement remedies, in accordance with division (D) of section	49900
3314.015 of the Revised Code. The department may suspend or	49901
restrict the sponsor's authority to sponsor community schools	49902
under divisions (D)(3) and (4) of that section if the department	49903
finds that the remedies offered by the sponsor are not	49904
satisfactory, or if the department finds that the sponsor is not	49905
taking actions necessary to implement those remedies.	49906

(C) If a sponsor becomes subject to this section in a third	49907
consecutive year, the department shall revoke the sponsor's	49908
authority to sponsor community schools in accordance with division	49909
(C) of section 3314.015 of the Revised Code.	49910

(D) The department's suspension, restriction, or revocation	49911
of the sponsorship authority of a sponsor that is subject to this	49912
section is subject to appeal under division (E) of section	49913
3314.015 of the Revised Code.	49914

(E) This section does not restrict the department's authority	49915
otherwise to place a sponsor on probationary status, or otherwise	49916
to suspend, restrict, or revoke a sponsor's authority, under	49917
section 3314.015 of the Revised Code.	49918

Sec. 3314.192. (A) The sponsor of each community school	49919
annually shall report to the department of education, not later	49920
than ten business days prior to the opening of the school, whether	49921
the school's governing authority has entered into a contract with	49922
an operator for that school year. The sponsor shall also report to	49923
the department any additional information about the operator and	49924
contract the superintendent of public instruction specifies by	49925
rule.	49926

(B) The department shall post the information reported under	49927
division (A) of this section on its web site.	49928

(C) If there is any change in the contract between the	49929
governing authority of a community school and the school's	49930
operator during the course of the school year, the governing	49931
authority shall notify the school's sponsor of the change not	49932
later than thirty days after the change is made. If the change	49933
involves any of the information reported under division (A) of	49934
this section, the sponsor shall report the change to the	49935
department not later than thirty days after receiving notification	49936
of the change from the school's governing authority. The	49937
department shall update its web site to reflect the change not	49938
later than thirty days after receiving the report of the change	49939
from the school's sponsor.	49940

Sec. 3314.21. (A) As used in this section:

49941

(1) "Harmful to juveniles" has the same meaning as in section	49942
2907.01 of the Revised Code.	49943

(2) "Obscene" has the same meaning as in division (F) of	49944
section 2907.01 of the Revised Code as that division has been	49945
construed by the supreme court of this state.	49946

(3) "Teacher of record" means a teacher who is responsible	49947
for the overall academic development and achievement of a student	49948
and not merely the student's instruction in any single subject.	49949

(B)~~(1)It~~(1) It is the intent of the general assembly that	49950
teachers employed by internet- or computer-based community schools	49951
conduct visits with their students in person throughout the school	49952
year.	49953

(2) Each internet- or computer-based community school shall	49954
retain an affiliation with at least one full-time teacher of	49955
record licensed in accordance with ~~division (A)(10) of~~ section	49956
~~3314.03~~3314.102 of the Revised Code.	49957

(3) Each student enrolled in an internet- or computer-based	49958
community school shall be assigned to at least one teacher of	49959
record. No teacher of record shall be primarily responsible for	49960
the academic development and achievement of more than one hundred	49961
twenty-five students enrolled in the internet- or computer-based	49962
community school that has retained that teacher.	49963

(C) For any internet- or computer-based community school, the	49964
contract between the sponsor and the governing authority of the	49965
school described in section 3314.03 of the Revised Code shall	49966
specify each of the following:	49967

(1) A requirement that the school use a filtering device or	49968
install filtering software that protects against internet access	49969
to materials that are obscene or harmful to juveniles on each	49970
computer provided to students for instructional use. The school	49971
shall provide such device or software at no cost to any student	49972
who works primarily from the student's residence on a computer	49973
obtained from a source other than the school.	49974

(2) A plan for fulfilling the intent of the general assembly	49975
specified in division (B)(1) of this section. The plan shall	49976
indicate the number of times teachers will visit each student	49977
throughout the school year and the manner in which those visits	49978
will be conducted.	49979

(3) That the school will set up a central base of operation	49980
and the sponsor will maintain a representative within fifty miles	49981
of that base of operation to provide monitoring and assistance.	49982

Sec. 3314.25. Each internet- or computer-based community	49983
school shall provide its students a location within a fifty-mile	49984
radius of the student's residence at which to complete the	49985
statewide achievement ~~tests~~ and diagnostic assessments prescribed	49986
under sections 3301.079 ~~and~~, 3301.0710, and 3301.0712 of the	49987
Revised Code.	49988

Sec. 3314.26. (A) Each internet- or computer-based community	49989
school shall withdraw from the school any student who, for two	49990
consecutive school years, has failed to participate in the spring	49991
administration of any ~~test~~assessment prescribed under section	49992
3301.0710 or 3301.0712 of the Revised Code for the student's	49993
grade level and was not excused from the ~~test~~assessment pursuant	49994
to division (C)(1) or (3) of section 3301.0711 of the Revised	49995
Code, regardless of whether a waiver was granted for the student	49996
under division ~~(Q)~~(N)(3) of section 3314.08 of the Revised Code.	49997
The school shall report any such student's data verification	49998
code, as assigned pursuant to section 3301.0714 of the Revised	49999
Code, to the department of education. The department shall	50000
maintain a list of all data verification codes reported under	50001
this division and section 3313.6410 of the Revised Code and	50002
provide that list to each internet- or computer-based community	50003
school and to each school to which section 3313.6410 of the	50004
Revised Code applies.	50005

(B) No internet- or computer-based community school shall	50006
receive any state funds under this chapter for any enrolled	50007
student whose data verification code appears on the list	50008
maintained by the department under division (A) of this section.	50009

Notwithstanding any provision of the Revised Code to the	50010
contrary, the parent of any such student shall pay tuition to the	50011
internet- or computer-based community school in an amount equal to	50012
the state funds the school otherwise would receive for that	50013
student, as determined by the department. An internet- or	50014
computer-based community school may withdraw any student for whom	50015
the parent does not pay tuition as required by this division.	50016

Sec. 3314.35. (A)(1) Except as provided in division	50017
(A)~~(2)~~(3) of this section, this section applies to any community	50018
school that meets one of the following criteria after July 1,	50019
2008, but before July 1, 2009:	50020

(a) The school does not offer a grade level higher than three	50021
and has been declared to be in a state of academic emergency under	50022
section 3302.03 of the Revised Code for four consecutive school	50023
years.	50024

(b) The school satisfies all of the following conditions:

50025

(i) The school offers any of grade levels four to eight but	50026
does not offer a grade level higher than nine.	50027

(ii) The school has been declared to be in a state of	50028
academic emergency under section 3302.03 of the Revised Code for	50029
three consecutive school years.	50030

(iii) For two of those school years, the school showed less	50031
than one standard year of academic growth in either reading or	50032
mathematics, as determined by the department of education in	50033
accordance with rules adopted under division (A) of section	50034
3302.021 of the Revised Code.	50035

50036

(i) The school offers any of grade levels ten to twelve.

50037

(ii) The school has been declared to be in a state of	50038
academic emergency under section 3302.03 of the Revised Code for	50039
three consecutive school years.	50040

(iii) For two of those school years, the school showed less	50041
than two standard years of academic growth in either reading or	50042
mathematics, as determined by the department in accordance with	50043
rules adopted under division (A) of section 3302.021 of the	50044
Revised Code.	50045

(2) Except as provided in division (A)(3) of this section,	50046
this section applies to any community school that meets one of the	50047
following criteria after July 1, 2009:	50048

(a) The school does not offer a grade level higher than three	50049
and has been declared to be in a state of academic emergency under	50050
section 3302.03 of the Revised Code for three of the four most	50051
recent school years.	50052

(b) The school satisfies all of the following conditions:

50053

(i) The school offers any of grade levels four to eight but	50054
does not offer a grade level higher than nine.	50055

(ii) The school has been declared to be in a state of	50056
academic emergency under section 3302.03 of the Revised Code for	50057
two of the three most recent school years.	50058

(iii) In at least two of the three most recent school years,	50059
the school showed less than one standard year of academic growth	50060
in either reading or mathematics, as determined by the department	50061
in accordance with rules adopted under division (A) of section	50062
3302.021 of the Revised Code.	50063

(c) The school offers any of grade levels ten to twelve and	50064
has been declared to be in a state of academic emergency under	50065
section 3302.03 of the Revised Code for three of the four most	50066
recent school years.	50067

(3) This section does not apply to ~~any~~either of the	50068
following:	50069

(a) Any community school in which a majority of the students	50070
are enrolled in a dropout prevention and recovery program that is	50071
operated by the school and that has been granted a waiver under	50072
section 3314.36 of the Revised Code;	50073

(b) Any community school in which a majority of the enrolled	50074
students are children with disabilities receiving special	50075
education and related services in accordance with Chapter 3323. of	50076
the Revised Code.	50077

(B) Any community school to which this section applies shall	50078
permanently close at the conclusion of the school year in which	50079
the school first becomes subject to this section. The sponsor and	50080
governing authority of the school shall comply with all procedures	50081
for closing a community school adopted by the department under	50082
division ~~(E)~~(F) of section 3314.015 of the Revised Code. The	50083
governing authority of the school shall not enter into a contract	50084
with any other sponsor under section 3314.03 of the Revised Code	50085
after the school closes.	50086

(C) Not later than July 1, 2008, the department shall	50087
determine the feasibility of using the value-added progress	50088
dimension, as defined in section 3302.01 of the Revised Code, as a	50089
factor in evaluating the academic performance of community schools	50090
described in division (A)(1)(c)(i) of this section.	50091
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,	50092
if the department determines that using the value-added progress	50093
dimension to evaluate community schools described in division	50094
(A)(1)(c)(i) of this section is not feasible, a community school	50095
described in that division shall be required to permanently close	50096
under this section only if it has been declared to be in a state	50097
of academic emergency under section 3302.03 of the Revised Code	50098
for four consecutive school years.	50099

Sec. 3314.36. (A) Section 3314.35 of the Revised Code does	50100
not apply to any community school in which a majority of the	50101
students are enrolled in a dropout prevention and recovery program	50102
that is operated by the school and that has been granted a waiver	50103
by the department of education. The department shall grant a	50104
waiver to a dropout prevention and recovery program, within sixty	50105
days after the program applies for the waiver, if the program	50106
meets all of the following conditions:	50107

(1) The program serves only students not younger than sixteen	50108
years of age and not older than twenty-one years of age.	50109

(2) The program enrolls students who, at the time of their	50110
initial enrollment, either, or both, are at least one grade level	50111
behind their cohort age groups or experience crises that	50112
significantly interfere with their academic progress such that	50113
they are prevented from continuing their traditional programs.	50114

(3) The program requires students to attain at least the	50115
applicable score designated for each of the ~~tests~~assessments	50116
prescribed under division (B)(1) of section 3301.0710 of the	50117
Revised Code or, to the extent prescribed by rule of the state	50118
board of education under division (E)(6) of section 3301.0712 of	50119
the Revised Code, division (B)(2) of that section.	50120

(4) The program develops an individual career plan for the	50121
student that specifies the student's matriculating to a two-year	50122
degree program, acquiring a business and industry credential, or	50123
entering an apprenticeship.	50124

(5) The program provides counseling and support for the	50125
student related to the plan developed under division (A)(4) of	50126
this section during the remainder of the student's high school	50127
experience.	50128

(6) Prior to receiving the waiver, the program has submitted	50129
to the department an instructional plan that demonstrates how the	50130
academic content standards adopted by the state board of education	50131
under section 3301.079 of the Revised Code will be taught and	50132
assessed.	50133

If the department does not act either to grant the waiver or	50134
to reject the program application for the waiver within sixty days	50135
as required under this section, the waiver shall be considered to	50136
be granted.	50137

(B) Notwithstanding division (A) of this section, the	50138
department shall not grant a waiver to any community school that	50139
did not qualify for a waiver under this section when it initially	50140
began operations, unless the state board of education approves the	50141
waiver.	50142

~~Sec. 269.60.60.~~ Sec. 3314.38. ~~UNAUDITABLE COMMUNITY SCHOOL~~

50143

(A) If the ~~Auditor~~auditor of ~~State~~state or a public	50144
accountant, pursuant to section 117.41 of the Revised Code,	50145
declares a community school established under ~~Chapter 3314. of~~	50146
~~the Revised Code~~this chapter to be unauditable, the ~~Auditor~~	50147
auditor of ~~State~~state shall provide written notification of that	50148
declaration to the school, the school's sponsor, and the	50149
~~Department~~department of ~~Education~~education. The ~~Auditor~~auditor	50150
of ~~State~~state also shall post the notification on the ~~Auditor~~	50151
auditor of ~~State's~~state's web site.	50152

(B) Notwithstanding any provision to the contrary in ~~Chapter~~	50153
~~3314. of the Revised Code~~this chapter or any other provision of	50154
law, a sponsor of a community school that is notified by the	50155
~~Auditor~~auditor of ~~State~~state under division (A) of this section	50156
that a community school it sponsors is unauditable shall not	50157
enter into contracts with any additional community schools under	50158
section 3314.03 of the Revised Code until the ~~Auditor~~auditor of	50159
~~State~~state or a public accountant has completed a financial	50160
audit of that school.	50161

(C) Not later than forty-five days after receiving	50162
notification by the ~~Auditor~~auditor of ~~State~~state under division	50163
(A) of this section that a community school is unauditable, the	50164
sponsor of the school shall provide a written response to the	50165
~~Auditor~~auditor of ~~State~~state. The response shall include the	50166
following:	50167

(1) An overview of the process the sponsor will use to review	50168
and understand the circumstances that led to the community school	50169
becoming unauditable;	50170

(2) A plan for providing the ~~Auditor~~auditor of ~~State~~state	50171
with the documentation necessary to complete an audit of the	50172
community school and for ensuring that all financial documents	50173
are available in the future;	50174

(3) The actions the sponsor will take to ensure that the plan	50175
described in division (C)(2) of this section is implemented.	50176

(D) If a community school fails to make reasonable efforts	50177
and continuing progress to bring its accounts, records, files, or	50178
reports into an auditable condition within ninety days after being	50179
declared unauditable, the ~~Auditor~~auditor of ~~State~~state, in	50180
addition to requesting legal action under sections 117.41 and	50181
117.42 of the Revised Code, shall notify the ~~Department~~	50182
department of the school's failure. If the ~~Auditor~~auditor of	50183
~~State~~state or a public accountant subsequently is able to	50184
complete a financial audit of the school, the ~~Auditor~~auditor of	50185
~~State~~state shall notify the ~~Department~~department that the audit	50186
has been completed.	50187

(E) Notwithstanding any provision to the contrary in ~~Chapter~~	50188
~~3314. of the Revised Code~~this chapter or any other provision of	50189
law, upon notification by the ~~Auditor~~auditor of ~~State~~state	50190
under division (D) of this section that a community school has	50191
failed to make reasonable efforts and continuing progress to	50192
bring its accounts, records, files, or reports into an auditable	50193
condition following a declaration that the school is unauditable,	50194
the ~~Department~~department shall immediately cease all payments to	50195
the school under ~~Chapter 3314. of the Revised Code~~this chapter	50196
and any other provision of law. Upon subsequent notification from	50197
the ~~Auditor~~auditor of ~~State~~state under that division that the	50198
~~Auditor~~auditor of ~~State~~state or a public accountant was able to	50199
complete a financial audit of the community school, the	50200
~~Department~~department shall release all funds withheld from the	50201
school under this section.	50202

Sec. 3314.39. (A) The department of education shall conduct	50203
an on-site visit of each community school at least every five	50204
years to evaluate the school's operations. During each visit, the	50205
department shall do all of the following:	50206

(1) Determine if the school has complied with the terms of	50207
the contract with its sponsor;	50208

(2) Determine if the school has complied with all laws	50209
regarding community school academic and fiscal accountability and	50210
with all other applicable laws and administrative rules;	50211

(3) Corroborate the information reported to the department by	50212
the sponsor under division (D)(3) of section 3314.03 of the	50213
Revised Code;	50214

(4) Review the school's progress in implementing a continuous	50215
improvement plan developed under division (B) of section 3302.04	50216
of the Revised Code, if applicable.	50217

(B) Each on-site visit conducted under this section shall	50218
include school tours, classroom observations, and interviews with	50219
administrators, teachers, other school staff, parents, or	50220
students.	50221

(C) Each community school shall provide any data, documents,	50222
or other materials the department considers necessary to enable it	50223
to conduct a thorough on-site visit.	50224

(D) Upon completion of each on-site visit, the department	50225
shall issue a written report summarizing its findings. The	50226
department shall provide a copy of the report to the sponsor and	50227
governing authority of the community school. The sponsor or the	50228
governing authority may submit factual corrections to the	50229
department by a deadline established by the department. Upon	50230
receipt of any factual corrections, the department shall revise	50231
the report and issue a final version. The department shall post	50232
the final version of the report on its web site.	50233

(E) The sponsor of a community school may consider findings	50234
contained in the report issued under division (D) of this section	50235
in deciding whether to place the school in probationary status	50236
pursuant to section 3314.073 of the Revised Code, suspend the	50237
operation of the school pursuant to section 3314.072 of the	50238
Revised Code, or terminate the school's contract pursuant to	50239
section 3314.07 of the Revised Code. If the sponsor fails to take	50240
any of these actions that the department determines are warranted	50241
based on the findings in the report, the department may revoke the	50242
sponsor's approval to sponsor community schools in accordance with	50243
division (C) of section 3314.015 of the Revised Code.	50244

(F) Any on-site visit required by this section may be	50245
conducted in conjunction with a site evaluation required under	50246
division (D) of section 3302.04 of the Revised Code.	50247

(G) The state board of education shall adopt rules to	50248
implement this section.	50249

Sec. 3314.42. (A) The governing authority of each community	50250
school established under this chapter shall submit to the school's	50251
sponsor a copy of any corrective action plan for the school	50252
required by the department of education, including a corrective	50253
action plan required under division (L) of section 3301.0714 of	50254
the Revised Code. The chief administrative officer of that sponsor	50255
shall review and sign the corrective action plan and return it to	50256
the governing authority. The signature of the sponsor's chief	50257
administrative officer shall signify the sponsor's receipt of	50258
notice of the content of the corrective action plan.	50259

(B) The sponsor shall monitor and may assist the school's	50260
implementation of the corrective action plan.	50261

(C) The school's failure to submit any corrective action plan	50262
required by the department to the chief administrative officer of	50263
the school's sponsor or to implement all of the provisions of a	50264
corrective action plan may be considered by the sponsor when	50265
determining whether to take any action under section 3314.07,	50266
3314.072, or 3314.073 of the Revised Code.	50267

Sec. 3314.43. For purposes of section 3319.321 of the	50268
Revised Code, the sponsor of a community school established under	50269
this chapter shall be an "educational institution," to which the	50270
records of a pupil enrolled in the school may be released for a	50271
legitimate educational purpose without the consent of the pupil or	50272
the pupil's parent, guardian, or custodian in accordance with that	50273
section. The sponsor shall handle any educational records released	50274
to the sponsor in accordance with the requirements of that section	50275
and the "Family Educational Rights and Privacy Act of 1974," 20	50276
U.S.C. 1232g.	50277

Sec. 3314.44. (A) If a community school established under	50278
this chapter closes for any reason, the chief administrative	50279
officer of the school at the time the school closes shall in good	50280
faith take all reasonable steps necessary to collect and assemble	50281
in an orderly manner the educational records of each student who	50282
is or has been enrolled in the school so that those records may be	50283
transmitted in accordance with this division. The chief	50284
administrative officer shall transmit the records to the	50285
department of education, in the manner and by the date prescribed	50286
by the department.	50287

(B) No person required to collect, assemble, and transmit	50288
student records under division (A) of this section shall fail to	50289
comply with that division.	50290

(C) Whoever violates division (B) of this section is guilty	50291
of a misdemeanor in the third degree.	50292

Sec. 3315.17. (A) The board of education of each city,	50293
exempted village, local, and joint vocational school district	50294
shall establish a textbook and instructional materials fund. Each	50295
board annually shall deposit into that fund an amount derived from	50296
revenues received by the district for operating expenses that is	50297
equal to three per cent of the formula amount for the preceding	50298
fiscal year, as defined in section 3317.02 of the Revised Code, or	50299
another percentage if established by the auditor of state under	50300
division (C) of this section, multiplied by the district's student	50301
population for the preceding fiscal year. Money in the fund shall	50302
be used solely for textbooks, instructional software, and	50303
instructional materials, supplies, and equipment. Any money in the	50304
fund that is not used in any fiscal year shall carry forward to	50305
the next fiscal year.	50306

(B)(1) Notwithstanding division (A) of this section, if in a	50307
fiscal year a district board deposits in the textbook and	50308
instructional materials fund an amount of money greater than the	50309
amount required to be deposited by this section or the rules	50310
adopted under division (C) of this section, the board may deduct	50311
the excess amount of money from the amount of money required to be	50312
deposited in succeeding fiscal years.	50313

(2) Notwithstanding division (A) of this section, in any year	50314
a district is in fiscal emergency status as declared pursuant to	50315
section 3316.03 of the Revised Code, the district may deposit an	50316
amount less than required by division (A) of this section, or make	50317
no deposit, into the district textbook and instructional materials	50318
fund for that year.	50319

(3) Notwithstanding division (A) of this section, in any	50320
fiscal year that a school district is either in fiscal watch	50321
status, as declared pursuant to section 3316.03 of the Revised	50322
Code, or in fiscal caution status, as declared pursuant to section	50323
3316.031 of the Revised Code, the district may apply to the	50324
superintendent of public instruction for a waiver from the	50325
requirements of division (A) of this section, under which the	50326
district may be permitted to deposit an amount less than required	50327
by that division or permitted to make no deposit into the district	50328
textbook and instructional materials fund for that year. The	50329
superintendent may grant a waiver under division (B)(3) of this	50330
section if the district demonstrates to the satisfaction of the	50331
superintendent that compliance with division (A) of this section	50332
that year will create an undue financial hardship on the district.	50333

(4) Notwithstanding division (A) of this section, not more	50334
often than one fiscal year in every three consecutive fiscal	50335
years, any school district that does not satisfy the conditions	50336
for the exemption described in division (B)(2) of this section or	50337
the conditions to apply for the waiver described in division	50338
(B)(3) of this section may apply to the superintendent of public	50339
instruction for a waiver from the requirements of division (A) of	50340
this section, under which the district may be permitted to deposit	50341
an amount less than required by that division or permitted to make	50342
no deposit into the district textbook and instructional materials	50343
fund for that year. The superintendent may grant a waiver under	50344
division (B)(4) of this section if the district demonstrates to	50345
the satisfaction of the superintendent that compliance with	50346
division (A) of this section that year will necessitate the	50347
reduction or elimination of a program currently offered by the	50348
district that is critical to the academic success of students of	50349
the district and that no reasonable alternatives exist for	50350
spending reductions in other areas of operation within the	50351
district that negate the necessity of the reduction or elimination	50352
of that program.	50353

(C) The state superintendent of public instruction and the	50354
auditor of state jointly shall adopt rules in accordance with	50355
Chapter 119. of the Revised Code defining what constitutes	50356
textbooks, instructional software, and instructional materials,	50357
supplies, and equipment for which money in a school district's	50358
textbook and instructional materials fund may be used. The auditor	50359
of state also may designate a percentage, other than three per	50360
cent, of the formula amount multiplied by the district's student	50361
population that must be deposited into the fund.	50362

(D) Notwithstanding division (A) of this section, a district	50363
board of education in any fiscal year may appropriate money in the	50364
district textbook and instructional materials fund for purposes	50365
other than those permitted by that division if both of the	50366
following occur during that fiscal year:	50367

(1) All of the following certify to the district board in	50368
writing that the district has sufficient textbooks, instructional	50369
software, and instructional materials, supplies, and equipment to	50370
ensure a thorough and efficient education within the district:	50371

(a) The district superintendent;

50372

(b) ~~In districts required to have a business advisory~~	50373
~~council, a~~A person designated by vote of the district's business	50374
advisory council;	50375

(c) If the district teachers are represented by an exclusive	50376
bargaining representative for purposes of Chapter 4117. of the	50377
Revised Code, the president of that organization or the	50378
president's designee.	50379

(2) The district board adopts, by unanimous vote of all	50380
members of the board, a resolution stating that the district has	50381
sufficient textbooks, instructional software, and instructional	50382
materials, supplies, and equipment to ensure a thorough and	50383
efficient education within the district.	50384

(E) Notwithstanding any provision to the contrary in Chapter	50385
4117. of the Revised Code, the requirements of this section	50386
prevail over any conflicting provisions of agreements between	50387
employee organizations and public employers entered into on or	50388
after November 21, 1997.	50389

(F) As used in this section and in section 3315.18 of the	50390
Revised Code, "student population" means the average, daily,	50391
full-time-equivalent number of students in kindergarten through	50392
twelfth grade receiving any educational services from the school	50393
district during the first full school week in October, excluding	50394
students enrolled in adult education classes, but including all of	50395
the following:	50396

(1) Adjacent or other district students enrolled in the	50397
district under an open enrollment policy pursuant to section	50398
3313.98 of the Revised Code;	50399

(2) Students receiving services in the district pursuant to a	50400
compact, cooperative education agreement, or a contract, but who	50401
are entitled to attend school in another district pursuant to	50402
section 3313.64 or 3313.65 of the Revised Code;	50403

(3) Students for whom tuition is payable pursuant to sections	50404
3317.081 and 3323.141 of the Revised Code.	50405

The department of education shall determine a district's	50406
student population using data reported to it under section 3317.03	50407
of the Revised Code for the applicable fiscal year.	50408

Sec. 3315.37. The board of education of a school district	50409
may establish a teacher education loan program and may expend	50410
school funds for the program. The program shall be for the purpose	50411
of making loans to students who are residents of the school	50412
district or graduates of schools in the school district, who are	50413
enrolled in teacher preparation programs at institutions approved	50414
by the ~~state board~~chancellor of the Ohio board of regents	50415
pursuant to section ~~3319.23~~3333.048 of the Revised Code, and who	50416
indicate an intent to teach in the school district providing the	50417
loan. The district board may forgive the obligation to repay any	50418
or all of the principal and interest on the loan if the borrower	50419
teaches in that school district.	50420

The district board shall adopt rules establishing eligibility	50421
criteria, application procedures, procedures for review of	50422
applications, loan amounts, interest, repayment schedules,	50423
conditions under which principal and interest obligations incurred	50424
under the program will be forgiven, and any other matter	50425
incidental to the operation of the program.	50426

The board may contract with a private, nonprofit foundation,	50427
one or more institutions of higher education, or other educational	50428
agencies to administer the program.	50429

The receipt of a loan under this section does not affect a	50430
student's eligibility for assistance, or the amount of such	50431
assistance, granted under section 3315.33, 3333.12, 3333.122,	50432
3333.22, 3333.26, ~~3333.27,~~ 5910.04, or 5919.34 of the Revised	50433
Code, but the board's rules may provide for taking such assistance	50434
into consideration when determining a student's eligibility for a	50435
loan under this section.	50436

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	50437
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	50438
subject to the approval of the superintendent of public	50439
instruction, a school district that is in a state of fiscal watch	50440
declared under section 3316.03 of the Revised Code may restructure	50441
or refinance loans obtained or in the process of being obtained	50442
under section 3313.483 of the Revised Code if all of the following	50443
requirements are met:	50444

(1) The operating deficit certified for the school district	50445
for the current or preceding fiscal year under section 3313.483 of	50446
the Revised Code exceeds fifteen per cent of the district's	50447
general revenue fund for the fiscal year preceding the year for	50448
which the certification of the operating deficit is made.	50449

(2) The school district voters have, during the period of the	50450
fiscal watch, approved the levy of a tax under section 718.09,	50451
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is	50452
not a renewal or replacement levy, or a levy under section	50453
5705.199 of the Revised Code, and that will provide new operating	50454
revenue.	50455

(3) The board of education of the school district has adopted	50456
or amended the financial plan required by section 3316.04 of the	50457
Revised Code to reflect the restructured or refinanced loans, and	50458
sets forth the means by which the district will bring projected	50459
operating revenues and expenditures, and projected debt service	50460
obligations, into balance for the life of any such loan.	50461

(B) Subject to the approval of the superintendent of public	50462
instruction, the school district may issue securities to evidence	50463
the restructuring or refinancing authorized by this section. Such	50464
securities may extend the original period for repayment not to	50465
exceed ten years, and may alter the frequency and amount of	50466
repayments, interest or other financing charges, and other terms	50467
or agreements under which the loans were originally contracted,	50468
provided the loans received under sections 3313.483 of the Revised	50469
Code are repaid from funds the district would otherwise receive	50470
under ~~sections 3317.022 to 3317.025~~Chapter 3306. of the Revised	50471
Code, as required under division (E)(3) of section 3313.483 of	50472
the Revised Code. Securities issued for the purpose of	50473
restructuring or refinancing under this section shall be repaid	50474
in equal payments and at equal intervals over the term of the	50475
debt and are not eligible to be included in any subsequent	50476
proposal to restructure or refinance.	50477

(C) Unless the district is declared to be in a state of	50478
fiscal emergency under division (D) of section 3316.04 of the	50479
Revised Code, a school district shall remain in a state of fiscal	50480
watch for the duration of the repayment period of any loan	50481
restructured or refinanced under this section.	50482

Sec. 3316.06. (A) Within one hundred twenty days after the	50483
first meeting of a school district financial planning and	50484
supervision commission, the commission shall adopt a financial	50485
recovery plan regarding the school district for which the	50486
commission was created. During the formulation of the plan, the	50487
commission shall seek appropriate input from the school district	50488
board and from the community. This plan shall contain the	50489
following:	50490

(1) Actions to be taken to:

50491

(a) Eliminate all fiscal emergency conditions declared to	50492
exist pursuant to division (B) of section 3316.03 of the Revised	50493
Code;	50494

(b) Satisfy any judgments, past-due accounts payable, and all	50495
past-due and payable payroll and fringe benefits;	50496

(c) Eliminate the deficits in all deficit funds, except that	50497
any prior year deficits in the textbook and instructional	50498
materials fund established pursuant to section 3315.17 of the	50499
Revised Code and the capital and maintenance fund established	50500
pursuant to section 3315.18 of the Revised Code shall be forgiven;	50501

(d) Restore to special funds any moneys from such funds that	50502
were used for purposes not within the purposes of such funds, or	50503
borrowed from such funds by the purchase of debt obligations of	50504
the school district with the moneys of such funds, or missing from	50505
the special funds and not accounted for, if any;	50506

(e) Balance the budget, avoid future deficits in any funds,	50507
and maintain on a current basis payments of payroll, fringe	50508
benefits, and all accounts;	50509

(f) Avoid any fiscal emergency condition in the future;

50510

(g) Restore the ability of the school district to market	50511
long-term general obligation bonds under provisions of law	50512
applicable to school districts generally.	50513

(2) The management structure that will enable the school	50514
district to take the actions enumerated in division (A)(1) of this	50515
section. The plan shall specify the level of fiscal and management	50516
control that the commission will exercise within the school	50517
district during the period of fiscal emergency, and shall	50518
enumerate respectively, the powers and duties of the commission	50519
and the powers and duties of the school board during that period.	50520
The commission may elect to assume any of the powers and duties of	50521
the school board it considers necessary, including all powers	50522
related to personnel, curriculum, and legal issues in order to	50523
successfully implement the actions described in division (A)(1) of	50524
this section.	50525

(3) The target dates for the commencement, progress upon, and	50526
completion of the actions enumerated in division (A)(1) of this	50527
section and a reasonable period of time expected to be required to	50528
implement the plan. The commission shall prepare a reasonable time	50529
schedule for progress toward and achievement of the requirements	50530
for the plan, and the plan shall be consistent with that time	50531
schedule.	50532

(4) The amount and purpose of any issue of debt obligations	50533
that will be issued, together with assurances that any such debt	50534
obligations that will be issued will not exceed debt limits	50535
supported by appropriate certifications by the fiscal officer of	50536
the school district and the county auditor. Debt obligations	50537
issued pursuant to section 133.301 of the Revised Code shall	50538
include assurances that such debt shall be in an amount not to	50539
exceed the amount certified under division (B) of such section. If	50540
the commission considers it necessary in order to maintain or	50541
improve educational opportunities of pupils in the school	50542
district, the plan may include a proposal to restructure or	50543
refinance outstanding debt obligations incurred by the board under	50544
section 3313.483 of the Revised Code contingent upon the approval,	50545
during the period of the fiscal emergency, by district voters of a	50546
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	50547
5748.02, or 5748.08 of the Revised Code that is not a renewal or	50548
replacement levy, or a levy under section 5705.199 of the Revised	50549
Code, and that will provide new operating revenue. Notwithstanding	50550
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	50551
the Revised Code, following the required approval of the district	50552
voters and with the approval of the commission, the school	50553
district may issue securities to evidence the restructuring or	50554
refinancing. Those securities may extend the original period for	50555
repayment, not to exceed ten years, and may alter the frequency	50556
and amount of repayments, interest or other financing charges, and	50557
other terms of agreements under which the debt originally was	50558
contracted, at the discretion of the commission, provided that any	50559
loans received pursuant to section 3313.483 of the Revised Code	50560
shall be paid from funds the district would otherwise receive	50561
under ~~sections 3317.022 to 3317.025~~Chapter 3306. of the Revised	50562
Code, as required under division (E)(3) of section 3313.483 of	50563
the Revised Code. The securities issued for the purpose of	50564
restructuring or refinancing the debt shall be repaid in equal	50565
payments and at equal intervals over the term of the debt and are	50566
not eligible to be included in any subsequent proposal for the	50567
purpose of restructuring or refinancing debt under this section.	50568

(B) Any financial recovery plan may be amended subsequent to	50569
its adoption. Each financial recovery plan shall be updated	50570
annually.	50571

(C) Each school district financial planning and supervision	50572
commission shall submit the financial recovery plan it adopts or	50573
updates under this section to the state superintendent of public	50574
instruction for approval immediately following its adoption or	50575
updating. The state superintendent shall evaluate the plan and	50576
either approve or disapprove it within thirty calendar days from	50577
the date of its submission. If the plan is disapproved, the state	50578
superintendent shall recommend modifications that will render it	50579
acceptable. No financial planning and supervision commission shall	50580
implement a financial recovery plan that is adopted or updated on	50581
or after April 10, 2001, unless the state superintendent has	50582
approved it.	50583

Sec. 3316.20. (A)(1) The school district solvency assistance	50584
fund is hereby created in the state treasury, to consist of such	50585
amounts designated for the purposes of the fund by the general	50586
assembly. The fund shall be used to provide assistance and grants	50587
to school districts to enable them to remain solvent and to pay	50588
~~unforseeable~~unforeseeable expenses of a temporary or emergency	50589
nature that they are unable to pay from existing resources.	50590

(2) There is hereby created within the fund an account known	50591
as the school district shared resource account, which shall	50592
consist of money appropriated to it by the general assembly. The	50593
money in the account shall be used solely for solvency assistance	50594
to school districts that have been declared under division (B) of	50595
section 3316.03 of the Revised Code to be in a state of fiscal	50596
emergency.	50597

(3) There is hereby created within the fund an account known	50598
as the catastrophic expenditures account, which shall consist of	50599
money appropriated to the account by the general assembly plus all	50600
investment earnings of the fund. Money in the account shall be	50601
used solely for the following:	50602

(a) Solvency assistance to school districts that have been	50603
declared under division (B) of section 3316.03 of the Revised Code	50604
to be in a state of fiscal emergency, in the event that all money	50605
in the shared resource account is utilized for solvency	50606
assistance;	50607

(b) Grants to school districts under division (C) of this	50608
section.	50609

(B) Solvency assistance payments under division (A)(2) or	50610
(3)(a) of this section shall be made from the fund by the	50611
superintendent of public instruction in accordance with rules	50612
adopted by the director of budget and management, after	50613
consulting with the superintendent, specifying approval criteria	50614
and procedures necessary for administering the fund.	50615

The fund shall be reimbursed for any solvency assistance	50616
amounts paid under division (A)(2) or (3)(a) of this section not	50617
later than the end of the second fiscal year following the fiscal	50618
year in which the solvency assistance payment was made. If not	50619
made directly by the school district, such reimbursement shall be	50620
made by the director of budget and management from the amounts the	50621
school district would otherwise receive pursuant to ~~sections~~	50622
~~3317.022 to 3317.025~~Chapter 3306. of the Revised Code, or from	50623
any other funds appropriated for the district by the general	50624
assembly. Reimbursements shall be credited to the respective	50625
account from which the solvency assistance paid to the district	50626
was deducted.	50627

(C) The superintendent of public instruction may make	50628
recommendations, and the controlling board may grant money from	50629
the catastrophic expenditures account to any school district that	50630
suffers an unforeseen catastrophic event that severely depletes	50631
the district's financial resources. The superintendent shall make	50632
recommendations for the grants in accordance with rules adopted by	50633
the director of budget and management, after consulting with the	50634
superintendent. A school district shall not be required to repay	50635
any grant awarded to the district under this division, unless the	50636
district receives money from this state or a third party,	50637
including an agency of the government of the United States,	50638
specifically for the purpose of compensating the district for	50639
revenue lost or expenses incurred as a result of the unforeseen	50640
catastrophic event. If a school district receives a grant from the	50641
catastrophic expenditures account on the basis of the same	50642
circumstances for which an adjustment or recomputation is	50643
authorized under section 3317.025, 3317.026, 3317.027, 3317.028,	50644
3317.0210, or 3317.0211 of the Revised Code, the department of	50645
education shall reduce the adjustment or recomputation by an	50646
amount not to exceed the total amount of the grant, and an amount	50647
equal to the reduction shall be transferred, from the funding	50648
source from which the adjustment or recomputation would be paid,	50649
to the catastrophic expenditures account. Any adjustment or	50650
recomputation under such sections that is in excess of the total	50651
amount of the grant shall be paid to the school district.	50652

Sec. 3317.01. As used in this section and section 3317.011	50653
of the Revised Code, "school district," unless otherwise	50654
specified, means any city, local, exempted village, joint	50655
vocational, or cooperative education school district and any	50656
educational service center.	50657

This chapter shall be administered by the state board of	50658
education. The superintendent of public instruction shall	50659
calculate the amounts payable to each school district and shall	50660
certify the amounts payable to each eligible district to the	50661
treasurer of the district as provided by this chapter. As soon as	50662
possible after such amounts are calculated, the superintendent	50663
shall certify to the treasurer of each school district the	50664
district's adjusted charge-off increase, as defined in section	50665
5705.211 of the Revised Code. No moneys shall be distributed	50666
pursuant to this chapter without the approval of the controlling	50667
board.	50668

The state board of education shall, in accordance with	50669
appropriations made by the general assembly, meet the financial	50670
obligations of this chapter.	50671

~~Annually, the department of education shall calculate and~~	50672
~~report to each school district the district's total state and~~	50673
~~local funds for providing an adequate basic education to the~~	50674
~~district's nondisabled students, utilizing the determination in~~	50675
~~section 3317.012 of the Revised Code. In addition, the department~~	50676
~~shall calculate and report separately for each school district~~	50677
~~the district's total state and local funds for providing an~~	50678
~~adequate education for its students with disabilities, utilizing~~	50679
~~the determinations in both sections 3317.012 and 3317.013 of the~~	50680
~~Revised Code.~~	50681

~~Not later than the thirty-first day of August of each fiscal~~	50682
~~year, the department of education shall provide to each school~~	50683
~~district and county MR/DD board a preliminary estimate of the~~	50684
~~amount of funding that the department calculates the district will~~	50685
~~receive under each of divisions (C)(1) and (4) of section 3317.022~~	50686
~~of the Revised Code. No later than the first day of December of~~	50687
~~each fiscal year, the department shall update that preliminary~~	50688
~~estimate.~~	50689

Moneys distributed pursuant to this chapter shall be	50690
calculated and paid on a fiscal year basis, beginning with the	50691
first day of July and extending through the thirtieth day of June.	50692
The moneys appropriated for each fiscal year shall be distributed	50693
~~at least monthly~~periodically to each school district unless	50694
otherwise provided for. The state board shall submit a yearly	50695
distribution plan to the controlling board at its first meeting in	50696
July. The state board shall submit any proposed midyear revision	50697
of the plan to the controlling board in January. Any year-end	50698
revision of the plan shall be submitted to the controlling board	50699
in June. If moneys appropriated for each fiscal year are	50700
distributed other than monthly, such distribution shall be on the	50701
same basis for each school district.	50702

~~The total amounts paid each month shall constitute, as nearly~~	50703
~~as possible, one-twelfth of the total amount payable for the~~	50704
~~entire year.~~	50705

~~Until fiscal year 2007, payments made during the first six~~	50706
~~months of the fiscal year may be based on an estimate of the~~	50707
~~amounts payable for the entire year. Payments made in the last~~	50708
~~six months shall be based on the final calculation of the amounts~~	50709
~~payable to each school district for that fiscal year. Payments~~	50710
~~made in the last six months may be adjusted, if necessary, to~~	50711
~~correct the amounts distributed in the first six months, and to~~	50712
~~reflect enrollment increases when such are at least three per~~	50713
~~cent.~~	50714

~~Beginning in fiscal year 2007, payments shall be calculated~~	50715
~~to reflect the biannual reporting of average daily membership. In~~	50716
~~fiscal year 2007 and in each fiscal year thereafter, annualized~~	50717
~~periodic payments for each school district shall be based on the~~	50718
~~district's final student counts verified by the superintendent of~~	50719
~~public instruction based on reports under section 3317.03 of the~~	50720
~~Revised Code, as adjusted, if so ordered, under division (K) of~~	50721
~~that section, as follows:~~	50722

~~the sum of one-half of the number of students verified~~	50723

~~and adjusted for the first full week in October~~	50724

~~plus one-half of the average of the numbers~~	50725

~~verified and adjusted for the first full week~~	50726

~~in October and for the first full week in February~~	50727

Except as otherwise provided, payments under this chapter	50728
shall be made only to those school districts in which:	50729

(A) The school district, except for any educational service	50730
center and any joint vocational or cooperative education school	50731
district, levies for current operating expenses at least twenty	50732
mills. Levies for joint vocational or cooperative education	50733
school districts or county school financing districts, limited to	50734
or to the extent apportioned to current expenses, shall be	50735
included in this qualification requirement. School district income	50736
tax levies under Chapter 5748. of the Revised Code, limited to or	50737
to the extent apportioned to current operating expenses, shall be	50738
included in this qualification requirement to the extent	50739
determined by the tax commissioner under division (D) of section	50740
3317.021 of the Revised Code.	50741

(B) The ~~school~~learning year next preceding the fiscal year	50742
for which such payments are authorized meets the requirement of	50743
section 3313.48 or 3313.481 of the Revised Code, with regard to	50744
the minimum number of days or hours school must be open for	50745
instruction with pupils in attendance, for individualized	50746
parent-teacher conference and reporting periods, and for	50747
professional meetings of teachers. ~~This requirement shall be~~	50748
~~waived by the~~The superintendent of public instruction ifshall	50749
waive a number of days on which it had been necessary for a school	50750
to be closed because of disease epidemic, hazardous weather	50751
conditions, inoperability of school buses or other equipment	50752
necessary to the school's operation, damage to a school building,	50753
or other temporary circumstances due to utility failure rendering	50754
the school building unfit for school use~~, provided that for those~~	50755
~~school districts operating pursuant to section 3313.48 of the~~	50756
~~Revised Code the number of days the school was actually open for~~	50757
~~instruction with pupils in attendance and for individualized~~	50758
~~parent-teacher conference and reporting periods is not less than~~	50759
~~one hundred seventy-five, or for those school districts operating~~	50760
~~on a trimester plan the number of days the school was actually~~	50761
~~open for instruction with pupils in attendance not less than~~	50762
~~seventy-nine days in any trimester, for those school districts~~	50763
~~operating on a quarterly plan the number of days the school was~~	50764
~~actually open for instruction with pupils in attendance not less~~	50765
~~than fifty-nine days in any quarter, or for those school districts~~	50766
~~operating on a pentamester plan the number of days the school was~~	50767
~~actually open for instruction with pupils in attendance not less~~	50768
~~than forty-four days in any pentamester~~, as follows:	50769

(1) In determining eligibility for payments under this	50770
chapter for fiscal years prior to fiscal year 2011, up to five	50771
days for the preceding learning year;	50772

(2) In determining eligibility for payments under this	50773
chapter for fiscal year 2011, up to three days for the 2009-2010	50774
learning year;	50775

(3) In determining eligibility for payments under this	50776
chapter for fiscal year 2012 and thereafter, up to one day for the	50777
preceding learning year.	50778

The state board shall adopt standards for the superintendent	50779
to apply in determining the waiver of days or hours for schools	50780
operating under section 3313.481 of the Revised Code.	50781

A school district shall not be considered to have failed to	50782
comply with this division or section 3313.481 of the Revised Code	50783
because schools were open for instruction but either twelfth grade	50784
students were excused from attendance for up to three days or only	50785
a portion of the kindergarten students were in attendance for up	50786
to three days in order to allow for the gradual orientation to	50787
school of such students.	50788

The superintendent of public instruction shall waive the	50789
requirements of this section with reference to the minimum number	50790
of days or hours school must be in session with pupils in	50791
attendance for the ~~school~~learning year succeeding the ~~school~~	50792
learning year in which a board of education initiates a plan of	50793
operation pursuant to section 3313.481 of the Revised Code. The	50794
minimum requirements of this section shall again be applicable to	50795
such a district beginning with the ~~school~~learning year commencing	50796
the second July succeeding the initiation of one such plan, and	50797
for each school year thereafter.	50798

A school district shall not be considered to have failed to	50799
comply with this division or section 3313.48 or 3313.481 of the	50800
Revised Code because schools were open for instruction but the	50801
length of the regularly scheduled ~~school~~learning day, for any	50802
number of days during the ~~school~~learning year, was reduced by not	50803
more than two hours due to hazardous weather conditions.	50804

(C) The school district has on file, and is paying in	50805
accordance with, a teachers' salary schedule which complies with	50806
section 3317.13 of the Revised Code.	50807

A board of education or governing board of an educational	50808
service center which has not conformed with other law and the	50809
rules pursuant thereto, shall not participate in the distribution	50810
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	50811
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	50812
and sufficient reason established to the satisfaction of the state	50813
board of education and the state controlling board.	50814

All funds allocated to school districts under this chapter,	50815
except those specifically allocated for other purposes, shall be	50816
used to pay current operating expenses only.	50817

Sec. 3317.011. On or before the ~~third Wednesday~~last day of	50818
each month, the department of education shall certify to the	50819
director of budget and management for payment, for each county:	50820

(A)(1) That portion of the allocation of money under sections	50821
3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, and 3317.19 of	50822
the Revised Code that is required to be paid in that month to each	50823
school district located wholly within the county subsequent to the	50824
deductions described in division (A)(2) of this section; and	50825

(2) The amounts deducted from such allocation under sections	50826
3307.31 and 3309.51 of the Revised Code for payment directly to	50827
the school employees and state teachers retirement systems under	50828
such sections.	50829

(B) If the district is located in more than one county, an	50830
apportionment of the amounts that would otherwise be certified	50831
under division (A) of this section. The amounts apportioned to the	50832
county shall equal the amounts certified under division (A) of	50833
this section times the percentage of the district's resident	50834
pupils who reside both in the district and in the county, based on	50835
the average daily membership reported under division (A) of	50836
section 3317.03 of the Revised Code in October of the prior fiscal	50837
year.	50838

Sec. 3317.018. (A) The department of education shall make no	50839
calculations or payments under Chapter 3317. of the Revised Code	50840
for any fiscal year after fiscal year 2009 except as prescribed in	50841
this section.	50842

(B) School districts shall report student enrollment data as	50843
prescribed by section 3317.03 of the Revised Code, which data the	50844
department shall use to make payments under Chapters 3306. and	50845
3317. of the Revised Code.	50846

(C) The tax commissioner shall report data regarding tax	50847
valuation and receipts for school districts as prescribed by	50848
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	50849
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of	50850
section 3317.02 of the Revised Code, which data the department	50851
shall use to make payments under Chapters 3306. and 3317. of the	50852
Revised Code.	50853

(D) Unless otherwise specified by another provision of law,	50854
in addition to the payments prescribed by Chapter 3306. of the	50855
Revised Code, the department shall continue to make payments to or	50856
adjustments for school districts in fiscal years after fiscal year	50857
2009 under the following provisions of Chapter 3317. of the	50858
Revised Code:	50859

(1) The catastrophic cost reimbursement under division (C)(3)	50860
of section 3317.022 of the Revised Code. No other payments shall	50861
be made under that section.	50862

(2) All payments or adjustments under section 3317.023 of the	50863
Revised Code, except no payments or adjustments shall be made	50864
under divisions (B), (C), and (D) of that section.	50865

(3) All payments or adjustments under section 3317.024 of the	50866
Revised Code, except no payments or adjustments shall be made	50867
under divisions (F), (L), and (N) of that section.	50868

(4) All payments and adjustments under sections 3317.025,	50869
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	50870
Revised Code;	50871

(5) Payments under section 3317.04 of the Revised Code;

50872

(6) Unit payments under sections 3317.05, 3317.051, 3317.052,	50873
and 3317.053 of the Revised Code, except that no units for gifted	50874
funding are authorized after fiscal year 2009.	50875

(7) Payments under sections 3317.06, 3317.063, and 3317.064	50876
of the Revised Code;	50877

(8) Payments under section 3317.07 of the Revised Code;

50878

(9) Payments to educational service centers under section	50879
3317.11 of the Revised Code;	50880

(10) The catastrophic cost reimbursement under division (E)	50881
of section 3317.16 of the Revised Code and excess cost	50882
reimbursements under division (G) of that section. No other	50883
payments shall be made under that section;	50884

(11) Payments under section 3317.17 of the Revised Code;

50885

(12) Adjustments under section 3317.18 of the Revised Code;

50886

(13) Payments to cooperative education school districts under	50887
section 3317.19 of the Revised Code;	50888

(14) Payments to county MR/DD boards under section 3317.20 of	50889
the Revised Code;	50890

(15) Payments to state institutions for weighted special	50891
education funding under section 3317.201 of the Revised Code.	50892

(E) Sections 3317.016 and 3317.017 shall not apply to fiscal	50893
years after fiscal year 2009.	50894

(F) This section does not affect the provisions of sections	50895
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	50896
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15,	50897
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised	50898
Code.	50899

Sec. 3317.02. As used in this chapter:

50900

(A) Unless otherwise specified, "school district" means city,	50901
local, and exempted village school districts.	50902

(B) "Formula amount" means ~~the base cost for the fiscal year~~	50903
~~specified in division (B)(4) of section 3317.012 of the Revised~~	50904
~~Code~~$5,841, for fiscal year 2010, and $5,952, for fiscal year	50905
2011.	50906

(C) "FTE basis" means a count of students based on full-time	50907
equivalency, in accordance with rules adopted by the department of	50908
education pursuant to section 3317.03 of the Revised Code. In	50909
adopting its rules under this division, the department shall	50910
provide for counting any student in category one, two, three,	50911
four, five, or six special education ADM or in category one or two	50912
vocational education ADM in the same proportion the student is	50913
counted in formula ADM.	50914

(D) "Formula ADM" means, for a city, local, or exempted	50915
village school district, the final number verified by the	50916
superintendent of public instruction, based on the number reported	50917
pursuant to division (A) of section 3317.03 of the Revised Code,	50918
~~as adjusted, if so ordered, under division (K) of that section~~	50919
"formula ADM" as defined in section 3306.02 of the Revised Code.	50920
"Formula ADM" means, for a joint vocational school district, the	50921
final number verified by the superintendent of public	50922
instruction, based on the number reported pursuant to division (D)	50923
of section 3317.03 of the Revised Code, as adjusted, if so	50924
ordered, under division (K) of that section. ~~Beginning in fiscal~~	50925
~~year 2007, for payments in which formula ADM is a factor, the~~	50926
~~formula ADM for each school district for the fiscal year is the~~	50927
~~sum of one-half of the number verified and adjusted for October~~	50928
~~of that fiscal year plus one-half of the average of the numbers~~	50929
~~verified and adjusted for October and February of that fiscal~~	50930
~~year.~~For purposes of the calculation of payments to or	50931
adjustments for a city, exempted village, local, or joint	50932
vocational school district under this chapter or under Chapter	50933
3306. of the Revised Code, calculations required under Chapter	50934
3318. of the Revised Code, or adjustments required under Chapter	50935
3365. of the Revised Code, the department of education shall use	50936
the district's formula ADM as reported and verified under section	50937
3317.03 of the Revised Code for the previous fiscal year, unless	50938
the district's formula ADM as so reported and verified for the	50939
current fiscal year is at least two per cent greater than the	50940
formula ADM reported for the previous fiscal year, in which case	50941
the department shall use the district's formula ADM for the	50942
current fiscal year.	50943

(E) "Three-year average formula ADM" means the average of	50944
formula ADMs for the preceding three fiscal years.	50945

(F)(1) "Category one special education ADM" means the average	50946
daily membership of children with disabilities receiving special	50947
education services for the disability specified in division	50948
~~(A)~~(D)(1) of section ~~3317.013~~3306.02 of the Revised Code and	50949
reported under division (B)(5) or (D)(2)(b) of section 3317.03 of	50950
the Revised Code. ~~Beginning in fiscal year 2007, the district's~~	50951
~~category one special education ADM for a fiscal year is the sum~~	50952
~~of one-half of the number reported for October of that fiscal~~	50953
~~year plus one-half of the average of the numbers reported for~~	50954
~~October and February of that fiscal year.~~	50955

(2) "Category two special education ADM" means the average	50956
daily membership of children with disabilities receiving special	50957
education services for those disabilities specified in division	50958
~~(B)~~(D)(2) of section ~~3317.013~~3306.02 of the Revised Code and	50959
reported under division (B)(6) or (D)(2)(c) of section 3317.03 of	50960
the Revised Code. ~~Beginning in fiscal year 2007, the district's~~	50961
~~category two special education ADM for a fiscal year is the sum~~	50962
~~of one-half of the number reported for October of that fiscal~~	50963
~~year plus one-half of the average of the numbers reported for~~	50964
~~October and February of that fiscal year.~~	50965

(3) "Category three special education ADM" means the average	50966
daily membership of students receiving special education services	50967
for those disabilities specified in division ~~(C)~~(D)(3) of section	50968
~~3317.013~~3306.02 of the Revised Code, and reported under division	50969
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.	50970
~~Beginning in fiscal year 2007, the district's category three~~	50971
~~special education ADM for a fiscal year is the sum of one-half of~~	50972
~~the number reported for October of that fiscal year plus one-half~~	50973
~~of the average of the numbers reported for October and February~~	50974
~~of that fiscal year.~~	50975

(4) "Category four special education ADM" means the average	50976
daily membership of students receiving special education services	50977
for those disabilities specified in division (D)(4) of section	50978
~~3317.013~~3306.02 of the Revised Code and reported under division	50979
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.	50980
~~Beginning in fiscal year 2007, the district's category four~~	50981
~~special education ADM for a fiscal year is the sum of one-half of~~	50982
~~the number reported for October of that fiscal year plus one-half~~	50983
~~of the average of the numbers reported for October and February~~	50984
~~of that fiscal year.~~	50985

(5) "Category five special education ADM" means the average	50986
daily membership of students receiving special education services	50987
for the disabilities specified in division ~~(E)~~(D)(5) of section	50988
~~3317.013~~3306.02 of the Revised Code and reported under division	50989
(B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code.	50990
~~Beginning in fiscal year 2007, the district's category five~~	50991
~~special education ADM for a fiscal year is the sum of one-half of~~	50992
~~the number reported for October of that fiscal year plus one-half~~	50993
~~of the average of the numbers reported for October and February~~	50994
~~of that fiscal year.~~	50995

(6) "Category six special education ADM" means the average	50996
daily membership of students receiving special education services	50997
for the disabilities specified in division ~~(F)~~(D)(6) of section	50998
~~3317.013~~3306.02 of the Revised Code and reported under division	50999
(B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code.	51000
~~Beginning in fiscal year 2007, the district's category six~~	51001
~~special education ADM for a fiscal year is the sum of one-half of~~	51002
~~the number reported for October of that fiscal year plus one-half~~	51003
~~of the average of the numbers reported for October and February~~	51004
~~of that fiscal year.~~	51005

(7) "Category one vocational education ADM" means the average	51006
daily membership of students receiving vocational education	51007
services described in division (A) of section 3317.014 of the	51008
Revised Code and reported under division (B)(11) or (D)(2)(h) of	51009
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	51010
~~2007, the district's category one vocational education ADM for a~~	51011
~~fiscal year is the sum of one-half of the number reported for~~	51012
~~October of that fiscal year plus one-half of the average of the~~	51013
~~numbers reported for October and February of that fiscal year.~~	51014

(8) "Category two vocational education ADM" means the average	51015
daily membership of students receiving vocational education	51016
services described in division (B) of section 3317.014 of the	51017
Revised Code and reported under division (B)(12) or (D)(2)(i) of	51018
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	51019
~~2007, the district's category two vocational education ADM for a~~	51020
~~fiscal year is the sum of one-half of the number reported for~~	51021
~~October of that fiscal year plus one-half of the average of the~~	51022
~~numbers reported for October and February of that fiscal year.~~	51023

(G) "Preschool child with a disability" means a child with	51024
a disability, as defined in section 3323.01 of the Revised Code,	51025
who is at least age three but is not of compulsory school age, as	51026
defined in section 3321.01 of the Revised Code, and who is not	51027
currently enrolled in kindergarten.	51028

(H) "County MR/DD board" means a county board of mental	51029
retardation and developmental disabilities.	51030

(I) "Recognized valuation" means the amount calculated for a	51031
school district pursuant to section 3317.015 of the Revised Code.	51032

(J) "Transportation ADM" means the number of children	51033
reported under division (B)(13) of section 3317.03 of the Revised	51034
Code.	51035

(K) "Average efficient transportation use cost per student"	51036
means a statistical representation of transportation costs as	51037
calculated under division (D)(2) of section 3317.022 of the	51038
Revised Code.	51039

(L) "Taxes charged and payable" means the taxes charged and	51040
payable against real and public utility property after making the	51041
reduction required by section 319.301 of the Revised Code, plus	51042
the taxes levied against tangible personal property.	51043

(M) "Total taxable value" means the sum of the amounts	51044
certified for a city, local, exempted village, or joint vocational	51045
school district under divisions (A)(1) and (2) of section 3317.021	51046
of the Revised Code.	51047

(N) "Tax exempt value" of a school district means the amount	51048
certified for a school district under division (A)(4) of section	51049
3317.021 of the Revised Code.	51050

(O) "Potential value" of a school district means the	51051
recognized valuation of a school district plus the tax exempt	51052
value of the district.	51053

(P) "District median income" means the median Ohio adjusted	51054
gross income certified for a school district. On or before the	51055
first day of July of each year, the tax commissioner shall	51056
certify to the department of education and the office of budget	51057
and management for each city, exempted village, and local school	51058
district the median Ohio adjusted gross income of the residents	51059
of the school district determined on the basis of tax returns	51060
filed for the second preceding tax year by the residents of the	51061
district.	51062

(Q) "Statewide median income" means the median district	51063
median income of all city, exempted village, and local school	51064
districts in the state.	51065

(R) "Income factor" for a city, exempted village, or local	51066
school district means the quotient obtained by dividing that	51067
district's median income by the statewide median income.	51068

(S) "Medically fragile child" means a child to whom all of	51069
the following apply:	51070

(1) The child requires the services of a doctor of medicine	51071
or osteopathic medicine at least once a week due to the	51072
instability of the child's medical condition.	51073

(2) The child requires the services of a registered nurse on	51074
a daily basis.	51075

(3) The child is at risk of institutionalization in a	51076
hospital, skilled nursing facility, or intermediate care facility	51077
for the mentally retarded.	51078

(T) A child may be identified as having an "other health	51079
impairment-major" if the child's condition meets the definition	51080
of "other health impaired" established in rules adopted by the	51081
state board of education prior to July 1, 2001, and if either of	51082
the following apply:	51083

(1) The child is identified as having a medical condition	51084
that is among those listed by the superintendent of public	51085
instruction as conditions where a substantial majority of cases	51086
fall within the definition of "medically fragile child." The	51087
superintendent of public instruction shall issue an initial list	51088
no later than September 1, 2001.	51089

(2) The child is determined by the superintendent of public	51090
instruction to be a medically fragile child. A school district	51091
superintendent may petition the superintendent of public	51092
instruction for a determination that a child is a medically	51093
fragile child.	51094

(U) A child may be identified as having an "other health	51095
impairment-minor" if the child's condition meets the definition	51096
of "other health impaired" established in rules adopted by the	51097
state board of education prior to July 1, 2001, but the child's	51098
condition does not meet either of the conditions specified in	51099
division (T)(1) or (2) of this section.	51100

(V) "State education aid" has the same meaning as in section	51101
5751.20 of the Revised Code.	51102

(W) "Property exemption value" means zero in fiscal year	51103
2006, and in fiscal year 2007 and each fiscal year thereafter, the	51104
amount certified for a school district under divisions (A)(6) and	51105
(7) of section 3317.021 of the Revised Code.	51106

(X) "Internet- or computer-based community school" has the	51107
same meaning as in section 3314.02 of the Revised Code.	51108

(Y) "State share percentage" has the same meaning as in	51109
section 3306.02 of the Revised Code.	51110

Sec. 3317.021. ~~(A)~~The information certified under this	51111
section shall be used to calculate payments under this chapter and	51112
Chapter 3306. of the Revised Code.	51113

(A) On or before the first day of June of each year, the tax	51114
commissioner shall certify to the department of education and the	51115
office of budget and management the information described in	51116
divisions (A)(1) to ~~(8)~~(7) of this section for each city,	51117
exempted village, and local school district, and the information	51118
required by divisions (A)(1) and (2) of this section for each	51119
joint vocational school district, and it shall be used, along	51120
with the information certified under division (B) of this	51121
section, in making the computations for the district under	51122
~~sections 3317.022, 3317.0216, and 3317.0217 or section 3317.16~~	51123
this chapter and Chapter 3306. of the Revised Code.	51124

(1) The taxable value of real and public utility real	51125
property in the school district subject to taxation in the	51126
preceding tax year, by class and by county of location.	51127

(2) The taxable value of tangible personal property,	51128
including public utility personal property, subject to taxation by	51129
the district for the preceding tax year.	51130

(3)(a) The total property tax rate and total taxes charged	51131
and payable for the current expenses for the preceding tax year	51132
and the total property tax rate and the total taxes charged and	51133
payable to a joint vocational district for the preceding tax year	51134
that are limited to or to the extent apportioned to current	51135
expenses.	51136

(b) The portion of the amount of taxes charged and payable	51137
reported for each city, local, and exempted village school	51138
district under division (A)(3)(a) of this section attributable to	51139
a joint vocational school district.	51140

(4) ~~The~~For fiscal years prior to fiscal year 2010, the value	51141
of all real and public utility real property in the school	51142
district exempted from taxation minus both of the following:	51143

(a) The value of real and public utility real property in the	51144
district owned by the United States government and used	51145
exclusively for a public purpose;	51146

(b) The value of real and public utility real property in the	51147
district exempted from taxation under Chapter 725. or 1728. or	51148
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	51149
5709.73, or 5709.78 of the Revised Code.	51150

The tax commissioner need not report information prescribed	51151
by division (A)(4) of this section for fiscal years after fiscal	51152
year 2009.	51153

(5) The total federal adjusted gross income of the residents	51154
of the school district, based on tax returns filed by the	51155
residents of the district, for the most recent year for which this	51156
information is available.	51157

(6) The sum of the school district compensation value as	51158
indicated on the list of exempted property for the preceding tax	51159
year under section 5713.08 of the Revised Code as if such property	51160
had been assessed for taxation that year and the other	51161
compensation value for the school district, minus the amounts	51162
described in divisions (A)(6)(c) to (i) of this section. The	51163
portion of school district compensation value or other	51164
compensation value attributable to an incentive district exemption	51165
may be subtracted only once even if that incentive district	51166
satisfies more than one of the criteria in divisions (A)(6)(c) to	51167
(i) of this section.	51168

(a) "School district compensation value" means the aggregate	51169
value of real property in the school district exempted from	51170
taxation pursuant to an ordinance or resolution adopted under	51171
division (C) of section 5709.40, division (C) of section 5709.73,	51172
or division (B) of section 5709.78 of the Revised Code to the	51173
extent that the exempted value results in the charging of payments	51174
in lieu of taxes required to be paid to the school district under	51175
division (D)(1) or (2) of section 5709.40, division (D) of section	51176
5709.73, or division (C) of section 5709.78 of the Revised Code.	51177

(b) "Other compensation value" means the quotient that	51178
results from dividing (i) the dollar value of compensation	51179
received by the school district during the preceding tax year	51180
pursuant to division (B), (C), or (D) of section 5709.82 of the	51181
Revised Code and the amounts received pursuant to an agreement as	51182
specified in division (D)(2) of section 5709.40, division (D) of	51183
section 5709.73, or division (C) of section 5709.78 of the Revised	51184
Code to the extent those amounts were not previously reported or	51185
included in division (A)(6)(a) of this section, and so that any	51186
such amount is reported only once under division (A)(6)(b) of this	51187
section, in relation to exemptions from taxation granted pursuant	51188
to an ordinance or resolution adopted under division (C) of	51189
section 5709.40, division (C) of section 5709.73, or division (B)	51190
of section 5709.78 of the Revised Code, by (ii) the real property	51191
tax rate in effect for the preceding tax year for	51192
nonresidential/agricultural real property after making the	51193
reductions required by section 319.301 of the Revised Code.	51194

(c) The portion of school district compensation value or	51195
other compensation value that was exempted from taxation pursuant	51196
to such an ordinance or resolution for the preceding tax year, if	51197
the ordinance or resolution is adopted prior to January 1, 2006,	51198
and the legislative authority or board of township trustees or	51199
county commissioners, prior to January 1, 2006, executes a	51200
contract or agreement with a developer, whether for-profit or	51201
not-for-profit, with respect to the development of a project	51202
undertaken or to be undertaken and identified in the ordinance or	51203
resolution, and upon which parcels such project is being, or will	51204
be, undertaken;	51205

(d) The portion of school district compensation value that	51206
was exempted from taxation for the preceding tax year and for	51207
which payments in lieu of taxes for the preceding tax year were	51208
provided to the school district under division (D)(1) of section	51209
5709.40 of the Revised Code.	51210

(e) The portion of school district compensation value that	51211
was exempted from taxation for the preceding tax year pursuant to	51212
such an ordinance or resolution, if and to the extent that, on or	51213
before April 1, 2006, the fiscal officer of the municipal	51214
corporation that adopted the ordinance, or of the township or	51215
county that adopted the resolution, certifies and provides	51216
appropriate supporting documentation to the tax commissioner and	51217
the director of development that, based on hold-harmless	51218
provisions in any agreement between the school district and the	51219
legislative authority of the municipal corporation, board of	51220
township trustees, or board of county commissioners that was	51221
entered into on or before June 1, 2005, the ability or obligation	51222
of the municipal corporation, township, or county to repay bonds,	51223
notes, or other financial obligations issued or entered into prior	51224
to January 1, 2006, will be impaired, including obligations to or	51225
of any other body corporate and politic with whom the legislative	51226
authority of the municipal corporation or board of township	51227
trustees or county commissioners has entered into an agreement	51228
pertaining to the use of service payments derived from the	51229
improvements exempted;	51230

(f) The portion of school district compensation value that	51231
was exempted from taxation for the preceding tax year pursuant to	51232
such an ordinance or resolution, if the ordinance or resolution is	51233
adopted prior to January 1, 2006, in a municipal corporation with	51234
a population that exceeds one hundred thousand, as shown by the	51235
most recent federal decennial census, that includes a major	51236
employment center and that is adjacent to historically distressed	51237
neighborhoods, if the legislative authority of the municipal	51238
corporation that exempted the property prepares an economic	51239
analysis that demonstrates that all taxes generated within the	51240
incentive district accruing to the state by reason of improvements	51241
constructed within the district during its existence exceed the	51242
amount the state pays the school district under section 3317.022	51243
of the Revised Code attributable to such property exemption from	51244
the school district's recognized valuation. The analysis shall be	51245
submitted to and approved by the department of development prior	51246
to January 1, 2006, and the department shall not unreasonably	51247
withhold approval.	51248

(g) The portion of school district compensation value that	51249
was exempted from taxation for the preceding tax year under such	51250
an ordinance or resolution, if the ordinance or resolution is	51251
adopted prior to January 1, 2006, and if service payments have	51252
been pledged to be used for mixed-use riverfront entertainment	51253
development in any county with a population that exceeds six	51254
hundred thousand, as shown by the most recent federal decennial	51255
census;	51256

(h) The portion of school district compensation value that	51257
was exempted from taxation for the preceding tax year under such	51258
an ordinance or resolution, if, prior to January 1, 2006, the	51259
legislative authority of a municipal corporation, board of	51260
township trustees, or board of county commissioners has pledged	51261
service payments for a designated transportation capacity project	51262
approved by the transportation review advisory council under	51263
Chapter 5512. of the Revised Code;	51264

(i) The portion of school district compensation value that	51265
was exempted from taxation for the preceding tax year under such	51266
an ordinance or resolution if the legislative authority of a	51267
municipal corporation, board of township trustees, or board of	51268
county commissioners have, by January 1, 2006, pledged proceeds	51269
for designated transportation improvement projects that involve	51270
federal funds for which the proceeds are used to meet a local	51271
share match requirement for such funding.	51272

As used in division (A)(6) of this section, "project" has the	51273
same meaning as in section 5709.40 of the Revised Code.	51274

(7) The aggregate value of real property in the school	51275
district for which an exemption from taxation is granted by an	51276
ordinance or resolution adopted on or after January 1, 2006, under	51277
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	51278
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	51279
Code, as indicated on the list of exempted property for the	51280
preceding tax year under section 5713.08 of the Revised Code and	51281
as if such property had been assessed for taxation that year,	51282
minus the product determined by multiplying (a) the aggregate	51283
value of the real property in the school district exempted from	51284
taxation for the preceding tax year under any of the chapters or	51285
sections specified in this division, by (b) a fraction, the	51286
numerator of which is the difference between (i) the amount of	51287
anticipated revenue such school district would have received for	51288
the preceding tax year if the real property exempted from taxation	51289
had not been exempted from taxation and (ii) the aggregate amount	51290
of payments in lieu of taxes on the exempt real property for the	51291
preceding tax year and other compensation received for the	51292
preceding tax year by the school district pursuant to any	51293
agreements entered into on or after January 1, 2006, under section	51294
5709.82 of the Revised Code between the school district and the	51295
legislative authority of a political subdivision that acted under	51296
the authority of a chapter or statute specified in this division,	51297
that were entered into in relation to such exemption, and the	51298
denominator of which is the amount of anticipated revenue such	51299
school district would have received in the preceding fiscal year	51300
if the real property exempted from taxation had not been exempted.	51301

~~(8) For each school district receiving payments under~~	51302
~~division (B) or (C) of section 3317.0216 of the Revised Code~~	51303
~~during the current fiscal year, as included on the most recent~~	51304
~~list of such districts sent to the tax commissioner under division~~	51305
~~(F) of that section, the following:~~	51306

~~(a) The portion of the total amount of taxes charged and~~	51307
~~payable for current expenses certified under division (A)(3)(a) of~~	51308
~~this section that is attributable to each new levy approved and~~	51309
~~charged in the preceding tax year and the respective tax rate of~~	51310
~~each of those new levies;~~	51311

~~(b) The portion of the total taxes collected for current~~	51312
~~expenses under a school district income tax adopted pursuant to~~	51313
~~section 5748.03 or 5748.08 of the Revised Code, as certified under~~	51314
~~division (A)(2) of section 3317.08 of the Revised Code, that is~~	51315
~~attributable to each new school district income tax first~~	51316
~~effective in the current taxable year or in the preceding taxable~~	51317
~~year.~~	51318

(B) On or before the first day of May each year, the tax	51319
commissioner shall certify to the department of education and the	51320
office of budget and management the total taxable real property	51321
value of railroads and, separately, the total taxable tangible	51322
personal property value of all public utilities for the preceding	51323
tax year, by school district and by county of location.	51324

(C) If a public utility has properly and timely filed a	51325
petition for reassessment under section 5727.47 of the Revised	51326
Code with respect to an assessment issued under section 5727.23 of	51327
the Revised Code affecting taxable property apportioned by the tax	51328
commissioner to a school district, the taxable value of public	51329
utility tangible personal property included in the certification	51330
under divisions (A)(2) and (B) of this section for the school	51331
district shall include only the amount of taxable value on the	51332
basis of which the public utility paid tax for the preceding year	51333
as provided in division (B)(1) or (2) of section 5727.47 of the	51334
Revised Code.	51335

(D) If on the basis of the information certified under	51336
division (A) of this section, the department determines that any	51337
district fails in any year to meet the qualification requirement	51338
specified in division (A)(1) of section 3306.01 and division (A)	51339
of section 3317.01 of the Revised Code, the department shall	51340
immediately request the tax commissioner to determine the extent	51341
to which any school district income tax levied by the district	51342
under Chapter 5748. of the Revised Code shall be included in	51343
meeting that requirement. Within five days of receiving such a	51344
request from the department, the tax commissioner shall make the	51345
determination required by this division and report the quotient	51346
obtained under division (D)(3) of this section to the department	51347
and the office of budget and management. This quotient represents	51348
the number of mills that the department shall include in	51349
determining whether the district meets the qualification	51350
requirement of division (A)(1) of section 3306.01 and division (A)	51351
of section 3317.01 of the Revised Code.	51352

The tax commissioner shall make the determination required by	51353
this division as follows:	51354

(1) Multiply one mill times the total taxable value of the	51355
district as determined in divisions (A)(1) and (2) of this	51356
section;	51357

(2) Estimate the total amount of tax liability for the	51358
current tax year under taxes levied by Chapter 5748. of the	51359
Revised Code that are apportioned to current operating expenses of	51360
the district, excluding any income tax receipts allocated for the	51361
project cost, debt service, or maintenance set-aside associated	51362
with a state-assisted classroom facilities project as authorized	51363
by section 3318.052 of the Revised Code;	51364

(3) Divide the amount estimated under division (D)(2) of this	51365
section by the product obtained under division (D)(1) of this	51366
section.	51367

(E)(1) On or before June 1, 2006, and the first day of April	51368
of each year thereafter, the director of development shall report	51369
to the department of education, the tax commissioner, and the	51370
director of budget and management the total amounts of payments	51371
received by each city, local, exempted village, or joint	51372
vocational school district for the preceding tax year pursuant to	51373
division (D) of section 5709.40, division (D) of section 5709.73,	51374
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	51375
or (D) of section 5709.82 of the Revised Code in relation to	51376
exemptions from taxation granted pursuant to an ordinance adopted	51377
by the legislative authority of a municipal corporation under	51378
division (C) of section 5709.40 of the Revised Code, or a	51379
resolution adopted by a board of township trustees or board of	51380
county commissioners under division (C) of section 5709.73 or	51381
division (B) of section 5709.78 of the Revised Code, respectively.	51382
On or before April 1, 2006, and the first day of March of each	51383
year thereafter, the treasurer of each city, local, exempted	51384
village, or joint vocational school district that has entered into	51385
such an agreement shall report to the director of development the	51386
total amounts of such payments the district received for the	51387
preceding tax year as provided in this section. The state board of	51388
education, in accordance with sections 3319.31 and 3319.311 of the	51389
Revised Code, may suspend or revoke the license of a treasurer	51390
found to have willfully reported erroneous, inaccurate, or	51391
incomplete data under this division.	51392

(2) On or before April 1, 2007, and the first day of April of	51393
each year thereafter, the director of development shall report to	51394
the department of education, the tax commissioner, and the	51395
director of budget and management the total amounts of payments	51396
received by each city, local, exempted village, or joint	51397
vocational school district for the preceding tax year pursuant to	51398
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	51399
in relation to exemptions from taxation granted pursuant to	51400
ordinances or resolutions adopted on or after January 1, 2006,	51401
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	51402
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	51403
Revised Code. On or before March 1, 2007, and the first day of	51404
March of each year thereafter, the treasurer of each city, local,	51405
exempted village, or joint vocational school district that has	51406
entered into such an agreement shall report to the director of	51407
development the total amounts of such payments the district	51408
received for the preceding tax year as provided by this section.	51409
The state board of education, in accordance with sections 3319.31	51410
and 3319.311 of the Revised Code, may suspend or revoke the	51411
license of a treasurer found to have willfully reported erroneous,	51412
inaccurate, or incomplete data under this division.	51413

Sec. 3317.022. (A)(1) The department of education shall	51414
compute and distribute state base cost funding to each eligible	51415
school district for the fiscal year, using the information	51416
obtained under section 3317.021 of the Revised Code in the	51417
calendar year in which the fiscal year begins, according to the	51418
following formula:	51419

{[the formula amount X (formula ADM +	51420

preschool scholarship ADM)] +	51421

the sum of the base funding supplements	51422

prescribed in divisions (C)(1) to (4)	51423

of section 3317.012 of the Revised Code} -	51424

[.023 x (the sum of recognized valuation	51425

and property exemption value)] +	51426

the amounts calculated for the district under	51427

sections 3317.029 and 3317.0217 of the Revised Code	51428

If the difference obtained is a negative number, the	51429
district's computation shall be zero.	51430

(2)(a) For each school district for which the tax exempt	51431
value of the district equals or exceeds twenty-five per cent of	51432
the potential value of the district, the department of education	51433
shall calculate the difference between the district's tax exempt	51434
value and twenty-five per cent of the district's potential value.	51435

(b) For each school district to which division (A)(2)(a) of	51436
this section applies, the department shall adjust the recognized	51437
valuation used in the calculation under division (A)(1) of this	51438
section by subtracting from it the amount calculated under	51439
division (A)(2)(a) of this section.	51440

(B) As used in this section:

51441

(1) The "total special education weight" for a district means	51442
the sum of the following amounts:	51443

(a) The district's category one special education ADM	51444
multiplied by the multiple specified in division (A) of section	51445
3317.013 of the Revised Code;	51446

(b) The district's category two special education ADM	51447
multiplied by the multiple specified in division (B) of section	51448
3317.013 of the Revised Code;	51449

(c) The district's category three special education ADM	51450
multiplied by the multiple specified in division (C) of section	51451
3317.013 of the Revised Code;	51452

(d) The district's category four special education ADM	51453
multiplied by the multiple specified in division (D) of section	51454
3317.013 of the Revised Code;	51455

(e) The district's category five special education ADM	51456
multiplied by the multiple specified in division (E) of section	51457
3317.013 of the Revised Code;	51458

(f) The district's category six special education ADM	51459
multiplied by the multiple specified in division (F) of section	51460
3317.013 of the Revised Code.	51461

(2) ~~"State share percentage" means the percentage calculated~~	51462
~~for a district as follows:~~	51463

~~(a) Calculate the state base cost funding amount for the~~	51464
~~district for the fiscal year under division (A) of this section.~~	51465
~~If the district would not receive any state base cost funding for~~	51466
~~that year under that division, the district's state share~~	51467
~~percentage is zero.~~	51468

~~(b) If the district would receive state base cost funding~~	51469
~~under that division, divide that amount by an amount equal to the~~	51470
~~following:~~	51471

~~(the formula amount X formula ADM) +~~	51472

~~the sum of the base funding supplements~~	51473

~~prescribed in divisions (C)(1) to (4)~~	51474

~~of section 3317.012 of the Revised Code +~~	51475

~~the sum of the amounts calculated for the district under~~	51476

~~sections 3317.029 and 3317.0217 of the Revised Code~~	51477

~~The resultant number is the district's state share~~	51478
~~percentage.~~	51479

~~(3)~~ "Related services" includes:

51480

(a) Child study, special education supervisors and	51481
coordinators, speech and hearing services, adaptive physical	51482
development services, occupational or physical therapy, teacher	51483
assistants for children with disabilities whose disabilities are	51484
described in division (B) of section 3317.013 or division (F)(3)	51485
of section 3317.02 of the Revised Code, behavioral intervention,	51486
interpreter services, work study, nursing services, and	51487
specialized integrative services as those terms are defined by	51488
the department;	51489

(b) Speech and language services provided to any student with	51490
a disability, including any student whose primary or only	51491
disability is a speech and language disability;	51492

(c) Any related service not specifically covered by other	51493
state funds but specified in federal law, including but not	51494
limited to, audiology and school psychological services;	51495

(d) Any service included in units funded under former	51496
division (O)(1) of section 3317.024 of the Revised Code;	51497

(e) Any other related service needed by children with	51498
disabilities in accordance with their individualized education	51499
programs.	51500

~~(4)~~(3) The "total vocational education weight" for a district	51501
means the sum of the following amounts:	51502

(a) The district's category one vocational education ADM	51503
multiplied by the multiple specified in division (A) of section	51504
3317.014 of the Revised Code;	51505

(b) The district's category two vocational education ADM	51506
multiplied by the multiple specified in division (B) of section	51507
3317.014 of the Revised Code.	51508

~~(5)~~(4) "Preschool scholarship ADM" means the number of	51509
preschool children with disabilities reported under division	51510
(B)(3)(h) of section 3317.03 of the Revised Code.	51511

(C)(1) The department shall compute and distribute state	51512
special education and related services additional weighted costs	51513
funds to each school district in accordance with the following	51514
formula:	51515

The district's state share percentage X	51516

the formula amount for the year for which	51517

the aid is calculated X the district's	51518

total special education weight	51519

(2) The attributed local share of special education and	51520
related services additional weighted costs equals:	51521

(1 - the district's state share percentage) X the district's	51522

total special education weight X the formula amount	51523

(3)(a) The department shall compute and pay in accordance	51524
with this division additional state aid to school districts for	51525
students in categories two through six special education ADM. If a	51526
district's costs for the fiscal year for a student in its	51527
categories two through six special education ADM exceed the	51528
threshold catastrophic cost for serving the student, the district	51529
may submit to the superintendent of public instruction	51530
documentation, as prescribed by the superintendent, of all its	51531
costs for that student. Upon submission of documentation for a	51532
student of the type and in the manner prescribed, the department	51533
shall pay to the district an amount equal to the sum of the	51534
following:	51535

(i) One-half of the district's costs for the student in	51536
excess of the threshold catastrophic cost;	51537

(ii) The product of one-half of the district's costs for the	51538
student in excess of the threshold catastrophic cost multiplied by	51539
the district's state share percentage.	51540

(b) For purposes of division (C)(3)(a) of this section, the	51541
threshold catastrophic cost for serving a student equals:	51542

(i) For a student in the school district's category two,	51543
three, four, or five special education ADM, twenty-seven thousand	51544
three hundred seventy-five dollars ~~in fiscal years 2008 and 2009~~;	51545

(ii) For a student in the district's category six special	51546
education ADM, thirty-two thousand eight hundred fifty dollars in	51547
~~fiscal years 2008 and 2009~~.	51548

(c) The district shall only report under division (C)(3)(a)	51549
of this section, and the department shall only pay for, the costs	51550
of educational expenses and the related services provided to the	51551
student in accordance with the student's individualized education	51552
program. Any legal fees, court costs, or other costs associated	51553
with any cause of action relating to the student may not be	51554
included in the amount.	51555

(4)(a) As used in this division, the "personnel allowance"	51556
means thirty thousand dollars in fiscal years 2008 and 2009.	51557

(b) For the provision of speech language pathology services	51558
to students, including students who do not have individualized	51559
education programs prepared for them under Chapter 3323. of the	51560
Revised Code, and for no other purpose, the department of	51561
education shall pay each school district an amount calculated	51562
under the following formula:	51563

(formula ADM divided by 2000) X	51564

the personnel allowance X	51565

the state share percentage	51566

(5) In any fiscal year, a school district shall spend for	51567
purposes that the department designates as approved for special	51568
education and related services expenses at least the amount	51569
calculated as follows:	51570

(formula amount X the sum of categories	51571

one through six special education ADM) +	51572

(total special education weight X formula amount)	51573

The purposes approved by the department for special education	51574
expenses shall include, but shall not be limited to,	51575
identification of children with disabilities, compliance with	51576
state rules governing the education of children with disabilities	51577
and prescribing the continuum of program options for children	51578
with disabilities, provision of speech language pathology	51579
services, and the portion of the school district's overall	51580
administrative and overhead costs that are attributable to the	51581
district's special education student population.	51582

The scholarships deducted from the school district's account	51583
under section 3310.41 of the Revised Code shall be considered to	51584
be an approved special education and related services expense for	51585
the purpose of the school district's compliance with division	51586
(C)(5) of this section.	51587

The department shall require school districts to report data	51588
annually to allow for monitoring compliance with division (C)(5)	51589
of this section. The department shall annually report to the	51590
governor and the general assembly the amount of money spent by	51591
each school district for special education and related services.	51592

(6) In any fiscal year, a school district shall spend for the	51593
provision of speech language pathology services not less than the	51594
sum of the amount calculated under division (C)(1) of this section	51595
for the students in the district's category one special education	51596
ADM and the amount calculated under division (C)(4) of this	51597
section.	51598

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

51599

(a) "Daily bus miles per student" equals the number of bus	51600
miles traveled per day, divided by transportation base.	51601

(b) "Transportation base" equals total student count as	51602
defined in section 3301.011 of the Revised Code, minus the number	51603
of students enrolled in units for preschool children with	51604
disabilities, plus the number of nonpublic school students	51605
included in transportation ADM.	51606

(c) "Transported student percentage" equals transportation	51607
ADM divided by transportation base.	51608

(d) "Transportation cost per student" equals total operating	51609
costs for board-owned or contractor-operated school buses divided	51610
by transportation base.	51611

(2) Analysis of student transportation cost data has resulted	51612
in a finding that an average efficient transportation use cost per	51613
student can be calculated by means of a regression formula that	51614
has as its two independent variables the number of daily bus miles	51615
per student and the transported student percentage. For fiscal	51616
year 1998 transportation cost data, the average efficient	51617
transportation use cost per student is expressed as follows:	51618

51.79027 + (139.62626 X daily bus miles per student) +	51619

(116.25573 X transported student percentage)	51620

The department of education shall annually determine the	51621
average efficient transportation use cost per student in	51622
accordance with the principles stated in division (D)(2) of this	51623
section, updating the intercept and regression coefficients of the	51624
regression formula modeled in this division, based on an annual	51625
statewide analysis of each school district's daily bus miles per	51626
student, transported student percentage, and transportation cost	51627
per student data. The department shall conduct the annual update	51628
using data, including daily bus miles per student, transported	51629
student percentage, and transportation cost per student data, from	51630
the prior fiscal year. The department shall notify the office of	51631
budget and management of such update by the fifteenth day of	51632
February of each year.	51633

(3) In addition to funds paid under divisions (A), (C), and	51634
(E) of this section, each district with a transported student	51635
percentage greater than zero shall receive a payment equal to a	51636
percentage of the product of the district's transportation base	51637
from the prior fiscal year times the annually updated average	51638
efficient transportation use cost per student, times an inflation	51639
factor of two and eight-tenths per cent to account for the	51640
one-year difference between the data used in updating the formula	51641
and calculating the payment and the year in which the payment is	51642
made. The percentage shall be the following percentage of that	51643
product specified for the corresponding fiscal year:	51644

FISCAL YEAR	PERCENTAGE	51645
2000	52.5%	51646
2001	55%	51647
2002	57.5%	51648
2003 and thereafter	The greater of 60% or the district's state share percentage	51649

The payments made under division (D)(3) of this section each	51650
year shall be calculated based on all of the same prior year's	51651
data used to update the formula.	51652

(4) In addition to funds paid under divisions (D)(2) and (3)	51653
of this section, a school district shall receive a rough road	51654
subsidy if both of the following apply:	51655

(a) Its county rough road percentage is higher than the	51656
statewide rough road percentage, as those terms are defined in	51657
division (D)(5) of this section;	51658

(b) Its district student density is lower than the statewide	51659
student density, as those terms are defined in that division.	51660

(5) The rough road subsidy paid to each district meeting the	51661
qualifications of division (D)(4) of this section shall be	51662
calculated in accordance with the following formula:	51663

(per rough mile subsidy X total rough road miles)	51664

X density multiplier	51665

where:

51666

(a) "Per rough mile subsidy" equals the amount calculated in	51667
accordance with the following formula:	51668

0.75 - {0.75 X [(maximum rough road percentage -	51669

county rough road percentage)/(maximum rough road	51670

percentage - statewide rough road percentage)]}	51671

(i) "Maximum rough road percentage" means the highest county	51672
rough road percentage in the state.	51673

(ii) "County rough road percentage" equals the percentage of	51674
the mileage of state, municipal, county, and township roads that	51675
is rated by the department of transportation as type A, B, C, E2,	51676
or F in the county in which the school district is located or, if	51677
the district is located in more than one county, the county to	51678
which it is assigned for purposes of determining its	51679
cost-of-doing-business factor.	51680

(iii) "Statewide rough road percentage" means the percentage	51681
of the statewide total mileage of state, municipal, county, and	51682
township roads that is rated as type A, B, C, E2, or F by the	51683
department of transportation.	51684

(b) "Total rough road miles" means a school district's total	51685
bus miles traveled in one year times its county rough road	51686
percentage.	51687

(c) "Density multiplier" means a figure calculated in	51688
accordance with the following formula:	51689

1 - [(minimum student density - district student	51690

density)/(minimum student density -	51691

statewide student density)]	51692

(i) "Minimum student density" means the lowest district	51693
student density in the state.	51694

(ii) "District student density" means a school district's	51695
transportation base divided by the number of square miles in the	51696
district.	51697

(iii) "Statewide student density" means the sum of the	51698
transportation bases for all school districts divided by the sum	51699
of the square miles in all school districts.	51700

(6) In addition to funds paid under divisions (D)(2) to (5)	51701
of this section, each district shall receive in accordance with	51702
rules adopted by the state board of education a payment for	51703
students transported by means other than board-owned or	51704
contractor-operated buses and whose transportation is not funded	51705
under division (G) of section 3317.024 of the Revised Code. The	51706
rules shall include provisions for school district reporting of	51707
such students.	51708

(E)(1) The department shall compute and distribute state	51709
vocational education additional weighted costs funds to each	51710
school district in accordance with the following formula:	51711

state share percentage X	51712

the formula amount X	51713

total vocational education weight	51714

In any fiscal year, a school district receiving funds under	51715
division (E)(1) of this section shall spend those funds only for	51716
the purposes that the department designates as approved for	51717
vocational education expenses. Vocational educational expenses	51718
approved by the department shall include only expenses connected	51719
to the delivery of career-technical programming to	51720
career-technical students. The department shall require the school	51721
district to report data annually so that the department may	51722
monitor the district's compliance with the requirements regarding	51723
the manner in which funding received under division (E)(1) of this	51724
section may be spent.	51725

(2) The department shall compute for each school district	51726
state funds for vocational education associated services in	51727
accordance with the following formula:	51728

state share percentage X .05 X the formula amount X	51729

the sum of categories one and two vocational education ADM	51730

In any fiscal year, a school district receiving funds under	51731
division (E)(2) of this section, or through a transfer of funds	51732
pursuant to division (L) of section 3317.023 of the Revised Code,	51733
shall spend those funds only for the purposes that the department	51734
designates as approved for vocational education associated	51735
services expenses, which may include such purposes as	51736
apprenticeship coordinators, coordinators for other vocational	51737
education services, vocational evaluation, and other purposes	51738
designated by the department. The department may deny payment	51739
under division (E)(2) of this section to any district that the	51740
department determines is not operating those services or is using	51741
funds paid under division (E)(2) of this section, or through a	51742
transfer of funds pursuant to division (L) of section 3317.023 of	51743
the Revised Code, for other purposes.	51744

(F) The actual local share in any fiscal year for the	51745
combination of special education and related services additional	51746
weighted costs funding calculated under division (C)(1) of this	51747
section, transportation funding calculated under divisions (D)(2)	51748
and (3) of this section, and vocational education and associated	51749
services additional weighted costs funding calculated under	51750
divisions (E)(1) and (2) of this section shall not exceed for any	51751
school district the product of three and three-tenths mills times	51752
the district's recognized valuation. The department annually shall	51753
pay each school district as an excess cost supplement any amount	51754
by which the sum of the district's attributed local shares for	51755
that funding exceeds that product. For purposes of calculating the	51756
excess cost supplement:	51757

(1) The attributed local share for special education and	51758
related services additional weighted costs funding is the amount	51759
specified in division (C)(2) of this section.	51760

(2) The attributed local share of transportation funding	51761
equals the difference of the total amount calculated for the	51762
district using the formula developed under division (D)(2) of this	51763
section minus the actual amount paid to the district after	51764
applying the percentage specified in division (D)(3) of this	51765
section.	51766

(3) The attributed local share of vocational education and	51767
associated services additional weighted costs funding is the	51768
amount determined as follows:	51769

(1 - state share percentage) X	51770

[(total vocational education weight X	51771

the formula amount) + the payment under	51772

division (E)(2) of this section]	51773

Sec. 3317.023. (A) ~~Notwithstanding section 3317.022 of the~~	51774
~~Revised Code, the~~The amounts required to be paid to a district	51775
under this chapter and Chapter 3306. of the Revised Code shall be	51776
adjusted by the amount of the computations made under divisions	51777
(B) to (N) of this section. The department of education shall not	51778
make payments or adjustments under divisions (B), (C), and (D) of	51779
this section for any fiscal year after fiscal year 2009.	51780

As used in this section:

51781

(1) "Classroom teacher" means a licensed employee who	51782
provides direct instruction to pupils, excluding teachers funded	51783
from money paid to the district from federal sources; educational	51784
service personnel; and vocational and special education teachers.	51785

(2) "Educational service personnel" shall not include such	51786
specialists funded from money paid to the district from federal	51787
sources or assigned full-time to vocational or special education	51788
students and classes and may only include those persons employed	51789
in the eight specialist areas in a pattern approved by the	51790
department of education under guidelines established by the state	51791
board of education.	51792

(3) "Annual salary" means the annual base salary stated in	51793
the state minimum salary schedule for the performance of the	51794
teacher's regular teaching duties that the teacher earns for	51795
services rendered for the first full week of October of the fiscal	51796
year for which the adjustment is made under division (C) of this	51797
section. It shall not include any salary payments for supplemental	51798
teachers contracts.	51799

(4) "Regular student population" means the formula ADM plus	51800
the number of students reported as enrolled in the district	51801
pursuant to division (A)(1) of section 3313.981 of the Revised	51802
Code; minus the number of students reported under division (A)(2)	51803
of section 3317.03 of the Revised Code; minus the FTE of students	51804
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	51805
of that section who are enrolled in a vocational education class	51806
or receiving special education; and minus twenty per cent of the	51807
students enrolled concurrently in a joint vocational school	51808
district.	51809

(5) ~~"State share percentage" has the same meaning as in~~	51810
~~section 3317.022 of the Revised Code.~~	51811

~~(6)~~ "VEPD" means a school district or group of school	51812
districts designated by the department of education as being	51813
responsible for the planning for and provision of vocational	51814
education services to students within the district or group.	51815

~~(7)~~(6) "Lead district" means a school district, including a	51816
joint vocational school district, designated by the department as	51817
a VEPD, or designated to provide primary vocational education	51818
leadership within a VEPD composed of a group of districts.	51819

(B) If the district employs less than one full-time	51820
equivalent classroom teacher for each twenty-five pupils in the	51821
regular student population in any school district, deduct the sum	51822
of the amounts obtained from the following computations:	51823

(1) Divide the number of the district's full-time equivalent	51824
classroom teachers employed by one twenty-fifth;	51825

(2) Subtract the quotient in (1) from the district's regular	51826
student population;	51827

(3) Multiply the difference in (2) by seven hundred fifty-two	51828
dollars.	51829

(C) If a positive amount, add one-half of the amount obtained	51830
by multiplying the number of full-time equivalent classroom	51831
teachers by:	51832

(1) The mean annual salary of all full-time equivalent	51833
classroom teachers employed by the district at their respective	51834
training and experience levels minus;	51835

(2) The mean annual salary of all such teachers at their	51836
respective levels in all school districts receiving payments under	51837
this section.	51838

The number of full-time equivalent classroom teachers used in	51839
this computation shall not exceed one twenty-fifth of the	51840
district's regular student population. In calculating the	51841
district's mean salary under this division, those full-time	51842
equivalent classroom teachers with the highest training level	51843
shall be counted first, those with the next highest training level	51844
second, and so on, in descending order. Within the respective	51845
training levels, teachers with the highest years of service shall	51846
be counted first, the next highest years of service second, and so	51847
on, in descending order.	51848

(D) This division does not apply to a school district that	51849
has entered into an agreement under division (A) of section	51850
3313.42 of the Revised Code. Deduct the amount obtained from the	51851
following computations if the district employs fewer than five	51852
full-time equivalent educational service personnel, including	51853
elementary school art, music, and physical education teachers,	51854
counselors, librarians, visiting teachers, school social workers,	51855
and school nurses for each one thousand pupils in the regular	51856
student population:	51857

(1) Divide the number of full-time equivalent educational	51858
service personnel employed by the district by five	51859
one-thousandths;	51860

(2) Subtract the quotient in (1) from the district's regular	51861
student population;	51862

(3) Multiply the difference in (2) by ninety-four dollars.

51863

(E) If a local school district, or a city or exempted village	51864
school district to which a governing board of an educational	51865
service center provides services pursuant to section 3313.843 of	51866
the Revised Code, deduct the amount of the payment required for	51867
the reimbursement of the governing board under section 3317.11 of	51868
the Revised Code.	51869

(F)(1) If the district is required to pay to or entitled to	51870
receive tuition from another school district under division (C)(2)	51871
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	51872
or if the superintendent of public instruction is required to	51873
determine the correct amount of tuition and make a deduction or	51874
credit under section 3317.08 of the Revised Code, deduct and	51875
credit such amounts as provided in division (J) of section 3313.64	51876
or section 3317.08 of the Revised Code.	51877

(2) For each child for whom the district is responsible for	51878
tuition or payment under division (A)(1) of section 3317.082 or	51879
section 3323.091 of the Revised Code, deduct the amount of tuition	51880
or payment for which the district is responsible.	51881

(G) If the district has been certified by the superintendent	51882
of public instruction under section 3313.90 of the Revised Code as	51883
not in compliance with the requirements of that section, deduct an	51884
amount equal to ten per cent of the amount computed for the	51885
district under ~~section 3317.022~~Chapter 3306. of the Revised Code.	51886

(H) If the district has received a loan from a commercial	51887
lending institution for which payments are made by the	51888
superintendent of public instruction pursuant to division (E)(3)	51889
of section 3313.483 of the Revised Code, deduct an amount equal to	51890
such payments.	51891

(I)(1) If the district is a party to an agreement entered	51892
into under division (D), (E), or (F) of section 3311.06 or	51893
division (B) of section 3311.24 of the Revised Code and is	51894
obligated to make payments to another district under such an	51895
agreement, deduct an amount equal to such payments if the district	51896
school board notifies the department in writing that it wishes to	51897
have such payments deducted.	51898

(2) If the district is entitled to receive payments from	51899
another district that has notified the department to deduct such	51900
payments under division (I)(1) of this section, add the amount of	51901
such payments.	51902

(J) If the district is required to pay an amount of funds to	51903
a cooperative education district pursuant to a provision described	51904
by division (B)(4) of section 3311.52 or division (B)(8) of	51905
section 3311.521 of the Revised Code, deduct such amounts as	51906
provided under that provision and credit those amounts to the	51907
cooperative education district for payment to the district under	51908
division (B)(1) of section 3317.19 of the Revised Code.	51909

(K)(1) If a district is educating a student entitled to	51910
attend school in another district pursuant to a shared education	51911
contract, compact, or cooperative education agreement other than	51912
an agreement entered into pursuant to section 3313.842 of the	51913
Revised Code, credit to that educating district on an FTE basis	51914
both of the following:	51915

(a) An amount equal to the ~~sum of the~~ formula amount ~~plus~~	51916
~~the per pupil amount of the base funding supplements specified in~~	51917
~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code~~.	51918

(b) An amount equal to the current formula amount times the	51919
state share percentage times any multiple applicable to the	51920
student pursuant to section ~~3317.013 or 3317.014~~3306.11 of the	51921
Revised Code.	51922

(2) Deduct any amount credited pursuant to division (K)(1) of	51923
this section from amounts paid to the school district in which the	51924
student is entitled to attend school pursuant to section 3313.64	51925
or 3313.65 of the Revised Code.	51926

(3) If the district is required by a shared education	51927
contract, compact, or cooperative education agreement to make	51928
payments to an educational service center, deduct the amounts from	51929
payments to the district and add them to the amounts paid to the	51930
service center pursuant to section 3317.11 of the Revised Code.	51931

(L)(1) If a district, including a joint vocational school	51932
district, is a lead district of a VEPD, credit to that district	51933
the amounts calculated for all the school districts within that	51934
VEPD pursuant to division (E)(2) of section 3317.022 of the	51935
Revised Code.	51936

(2) Deduct from each appropriate district that is not a lead	51937
district, the amount attributable to that district that is	51938
credited to a lead district under division (L)(1) of this section.	51939

(M) If the department pays a joint vocational school district	51940
under division (G)(4) of section 3317.16 of the Revised Code for	51941
excess costs of providing special education and related services	51942
to a student with a disability, as calculated under division	51943
(G)(2) of that section, the department shall deduct the amount of	51944
that payment from the city, local, or exempted village school	51945
district that is responsible as specified in that section for the	51946
excess costs.	51947

(N)(1) If the district reports an amount of excess cost for	51948
special education services for a child under division (C) of	51949
section 3323.14 of the Revised Code, the department shall pay that	51950
amount to the district.	51951

(2) If the district reports an amount of excess cost for	51952
special education services for a child under division (C) of	51953
section 3323.14 of the Revised Code, the department shall deduct	51954
that amount from the district of residence of that child.	51955

Sec. 3317.024. ~~In addition to the moneys paid to eligible~~	51956
~~school districts pursuant to section 3317.022 of the Revised Code,~~	51957
~~moneys appropriated for the education programs in divisions (A) to~~	51958
~~(I), (K), (L), and (N) of this section shall be distributed to~~	51959
~~school districts meeting the requirements of section 3317.01 of~~	51960
~~the Revised Code; in the case of divisions (G) and (L) of this~~	51961
~~section, to educational service centers as provided in section~~	51962
~~3317.11 of the Revised Code; in the case of divisions (D) and (J)~~	51963
~~of this section, to county MR/DD boards; in the case of division~~	51964
~~(N) of this section, to joint vocational school districts; in the~~	51965
~~case of division (H) of this section, to cooperative education~~	51966
~~school districts; and in the case of division (M) of this section,~~	51967
~~to the institutions defined under section 3317.082 of the Revised~~	51968
~~Code providing elementary or secondary education programs to~~	51969
~~children other than children receiving special education under~~	51970
~~section 3323.091 of the Revised Code.~~ The following shall be	51971
distributed monthly, quarterly, or annually as may be determined	51972
by the state board of education, except that the department of	51973
education shall not make payments under divisions (F), (L), and	51974
(N) of this section for any fiscal year after fiscal year 2009:	51975

(A) An amount for each island school district and each joint	51976
state school district for the operation of each high school and	51977
each elementary school maintained within such district and for	51978
capital improvements for such schools. Such amounts shall be	51979
determined on the basis of standards adopted by the state board of	51980
education.	51981

(B) An amount for each school district operating classes for	51982
children of migrant workers who are unable to be in attendance in	51983
an Ohio school during the entire regular school year. The amounts	51984
shall be determined on the basis of standards adopted by the state	51985
board of education, except that payment shall be made only for	51986
subjects regularly offered by the school district providing the	51987
classes.	51988

(C) An amount for each school district with guidance,	51989
testing, and counseling programs approved by the state board of	51990
education. The amount shall be determined on the basis of	51991
standards adopted by the state board of education.	51992

(D) An amount for the emergency purchase of school buses as	51993
provided for in section 3317.07 of the Revised Code;	51994

(E) An amount for each school district required to pay	51995
tuition for a child in an institution maintained by the department	51996
of youth services pursuant to section 3317.082 of the Revised	51997
Code, provided the child was not included in the calculation of	51998
the district's average daily membership for the preceding school	51999
year.	52000

(F) An amount for adult basic literacy education for each	52001
district participating in programs approved by the state board of	52002
education. The amount shall be determined on the basis of	52003
standards adopted by the state board of education.	52004

(G) An amount for the approved cost of transporting eligible	52005
pupils with disabilities attending a special education program	52006
approved by the department of education whom it is impossible or	52007
impractical to transport by regular school bus in the course of	52008
regular route transportation provided by the district or service	52009
center. No district or service center is eligible to receive a	52010
payment under this division for the cost of transporting any pupil	52011
whom it transports by regular school bus and who is included in	52012
the district's transportation ADM. The state board of education	52013
shall establish standards and guidelines for use by the department	52014
of education in determining the approved cost of such	52015
transportation for each district or service center.	52016

(H) An amount to each school district, including each	52017
cooperative education school district, pursuant to section 3313.81	52018
of the Revised Code to assist in providing free lunches to needy	52019
children and an amount to assist needy school districts in	52020
purchasing necessary equipment for food preparation. The amounts	52021
shall be determined on the basis of rules adopted by the state	52022
board of education.	52023

(I) An amount to each school district, for each pupil	52024
attending a chartered nonpublic elementary or high school within	52025
the district. The amount shall equal the amount appropriated for	52026
the implementation of section 3317.06 of the Revised Code divided	52027
by the average daily membership in grades kindergarten through	52028
twelve in nonpublic elementary and high schools within the state	52029
as determined during the first full week in October of each school	52030
year.	52031

(J) An amount for each county MR/DD board, distributed on the	52032
basis of standards adopted by the state board of education, for	52033
the approved cost of transportation required for children	52034
attending special education programs operated by the county MR/DD	52035
board under section 3323.09 of the Revised Code;	52036

(K) An amount for each school district that establishes a	52037
mentor teacher program that complies with rules of the state board	52038
of education. No school district shall be required to establish or	52039
maintain such a program in any year unless sufficient funds are	52040
appropriated to cover the district's total costs for the program.	52041

(L) An amount to each school district or educational service	52042
center for the total number of gifted units approved pursuant to	52043
section 3317.05 of the Revised Code. The amount for each such unit	52044
shall be the sum of the minimum salary for the teacher of the	52045
unit, calculated on the basis of the teacher's training level and	52046
years of experience pursuant to the salary schedule prescribed in	52047
the version of section 3317.13 of the Revised Code in effect prior	52048
to July 1, 2001, plus fifteen per cent of that minimum salary	52049
amount, plus two thousand six hundred seventy-eight dollars.	52050

(M) An amount to each institution defined under section	52051
3317.082 of the Revised Code providing elementary or secondary	52052
education to children other than children receiving special	52053
education under section 3323.091 of the Revised Code. This amount	52054
for any institution in any fiscal year shall equal the total of	52055
all tuition amounts required to be paid to the institution under	52056
division (A)(1) of section 3317.082 of the Revised Code.	52057

(N) A grant to each school district and joint vocational	52058
school district that operates a "graduation, reality, and	52059
dual-role skills" (GRADS) program for pregnant and parenting	52060
students that is approved by the department. The amount of the	52061
payment shall be the district's state share percentage, as defined	52062
in section 3317.022 or 3317.16 of the Revised Code, times the	52063
GRADS personnel allowance times the full-time-equivalent number of	52064
GRADS teachers approved by the department. The GRADS personnel	52065
allowance is $47,555 in fiscal years 2008 and 2009. The GRADS	52066
program shall include instruction on adoption as an option for	52067
unintended pregnancies.	52068

The state board of education or any other board of education	52069
or governing board may provide for any resident of a district or	52070
educational service center territory any educational service for	52071
which funds are made available to the board by the United States	52072
under the authority of public law, whether such funds come	52073
directly or indirectly from the United States or any agency or	52074
department thereof or through the state or any agency, department,	52075
or political subdivision thereof.	52076

Sec. 3317.025. On or before the first day of June of each	52077
year, the tax commissioner shall certify the following information	52078
to the department of education and the office of budget and	52079
management, for each school district in which the value of the	52080
property described under division (A) of this section exceeds one	52081
per cent of the taxable value of all real and tangible personal	52082
property in the district or in which is located tangible personal	52083
property designed for use or used in strip mining operations,	52084
whose taxable value exceeds five million dollars, and the taxes	52085
upon which the district is precluded from collecting by virtue of	52086
legal proceedings to determine the value of such property:	52087

(A) The total taxable value of all property in the district	52088
owned by a public utility or railroad that has filed a petition	52089
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	52090
(1898), 11 U.S.C. 205, as amended, and all tangible personal	52091
property in the district designed for use or used in strip mining	52092
operations whose taxable value exceeds five million dollars upon	52093
which have not been paid in full on or before the first day of	52094
April of that calendar year all real and tangible personal	52095
property taxes levied for the preceding calendar year and which	52096
the district was precluded from collecting by virtue of	52097
proceedings under section 205 of said act or by virtue of legal	52098
proceedings to determine the tax liability of such strip mining	52099
equipment;	52100

(B) The percentage of the total operating taxes charged and	52101
payable for school district purposes levied against such valuation	52102
for the preceding calendar year that have not been paid by such	52103
date;	52104

(C) The product obtained by multiplying the value certified	52105
under division (A) of this section by the percentage certified	52106
under division (B) of this section. If the value certified under	52107
division (A) of this section includes taxable property owned by a	52108
public utility or railroad that has filed a petition for	52109
reorganization under the bankruptcy act, the amount used in making	52110
the calculation under this division shall be reduced by one per	52111
cent of the total value of all real and tangible personal property	52112
in the district or the value of the utility's or railroad's	52113
property, whichever is less.	52114

Upon receipt of the certification, the department shall	52115
recompute the payments required under ~~section 3317.022~~Chapter	52116
3306. of the Revised Code in the manner the payments would have	52117
been computed if:	52118

(1) The amount certified under division (C) of this section	52119
was not subject to taxation by the district and was not included	52120
in the certification made under division (A)(1), (A)(2), or (D) of	52121
section 3317.021 of the Revised Code.	52122

(2) The amount of taxes charged and payable and unpaid and	52123
used to make the computation under division (B) of this section	52124
had not been levied and had not been used in the computation	52125
required by division (B) of section 3317.021 of the Revised Code.	52126
The department shall pay the district that amount in the ensuing	52127
fiscal year in lieu of the amounts computed under ~~section 3317.022~~	52128
Chapter 3306. of the Revised Code.	52129

If a school district received a grant from the catastrophic	52130
expenditures account pursuant to division (C) of section 3316.20	52131
of the Revised Code on the basis of the same circumstances for	52132
which a recomputation is made under this section, the amount of	52133
the recomputation shall be reduced and transferred in accordance	52134
with division (C) of section 3316.20 of the Revised Code.	52135

Sec. 3317.0210. (A) As used in this section:

52136

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	52137
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	52138

(2) "Chapter 11 corporation" means a corporation, company, or	52139
other business organization that has filed a petition for	52140
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	52141
Stat. 2626, 11 U.S.C. 1101, as amended.	52142

(3) "Uncollectable taxes" means property taxes payable in a	52143
calendar year by a Chapter 11 corporation on its property that a	52144
school district is precluded from collecting by virtue of	52145
proceedings under the Bankruptcy Reform Act.	52146

(4) "Basic state aid" means the state aid calculated for a	52147
school district under ~~section 3317.022~~Chapter 3306. of the	52148
Revised Code.	52149

(5) "Effective value" means the amount obtained by	52150
multiplying the total taxable value certified in a calendar year	52151
under section 3317.021 of the Revised Code by a fraction, the	52152
numerator of which is the total taxes charged and payable in that	52153
calendar year exclusive of the uncollectable taxes payable in that	52154
year, and the denominator of which is the total taxes charged and	52155
payable in that year.	52156

(6) "Total taxes charged and payable" has the same meaning	52157
given "taxes charged and payable" in section 3317.02 of the	52158
Revised Code.	52159

(B)(1) Between the first day of January and the first day of	52160
February of any year, a school district shall notify the	52161
department of education if it has uncollectable taxes payable in	52162
the preceding calendar year from one Chapter 11 corporation.	52163

(2) The department shall verify whether the district has such	52164
uncollectable taxes from such a corporation, and if the district	52165
does, shall immediately request the tax commissioner to certify	52166
the district's total taxes charged and payable in the preceding	52167
calendar year, and the tax commissioner shall certify that	52168
information to the department within thirty days after receiving	52169
the request. For the purposes of this section, taxes are payable	52170
in the calendar year that includes the day prescribed by law for	52171
their payment, including any lawful extension thereof.	52172

(C) Upon receiving the certification from the tax	52173
commissioner, the department shall determine whether the amount of	52174
uncollectable taxes from the corporation equals at least one per	52175
cent of the total taxes charged and payable as certified by the	52176
tax commissioner. If it does, the department shall compute the	52177
district's effective value and shall recompute the basic state aid	52178
payable to the district for the current fiscal year using the	52179
effective value in lieu of the total taxable value used to compute	52180
the basic state aid for the current fiscal year. The difference	52181
between the basic state aid amount originally computed for the	52182
district for the current fiscal year and the recomputed amount	52183
shall be paid to the district from the lottery profits education	52184
fund before the end of the current fiscal year.	52185

(D) Except as provided in division (E) of this section,	52186
amounts received by a school district under division (C) of this	52187
section shall be repaid to the department of education in any	52188
future year to the extent the district receives payments of	52189
uncollectable taxes in such future year. The district shall notify	52190
the department of any amount owed under this division.	52191

(E) If a school district received a grant from the	52192
catastrophic expenditures account pursuant to division (C) of	52193
section 3316.20 of the Revised Code on the basis of the same	52194
circumstances for which a recomputation is made under this	52195
section, the amount of the recomputation shall be reduced and	52196
transferred in accordance with division (C) of section 3316.20 of	52197
the Revised Code.	52198

Sec. 3317.0211. (A) As used in this section:

52199

(1) "Port authority" means any port authority as defined in	52200
section 4582.01 or 4582.21 of the Revised Code.	52201

(2) "Real property" includes public utility real property and	52202
"personal property" includes public utility personal property.	52203

(3) "Uncollected taxes" means property taxes charged and	52204
payable against the property of a port authority for a tax year	52205
that a school district has not collected.	52206

(4) "Basic state aid" means the state aid calculated for a	52207
school district under ~~section 3317.022~~Chapter 3306. of the	52208
Revised Code.	52209

(5) "Effective value" means the sum of the effective	52210
residential/agricultural real property value, the effective	52211
nonresidential/agricultural real property value, and the effective	52212
personal value.	52213

(6) "Effective residential/agricultural real property value"	52214
means, for a tax year, the amount obtained by multiplying the	52215
value for that year of residential/agricultural real property	52216
subject to taxation in the district by a fraction, the numerator	52217
of which is the total taxes charged and payable for that year	52218
against the residential/agricultural real property subject to	52219
taxation in the district, exclusive of the uncollected taxes for	52220
that year on all real property subject to taxation in the	52221
district, and the denominator of which is the total taxes charged	52222
and payable for that year against the residential/agricultural	52223
real property subject to taxation in the district.	52224

(7) "Effective nonresidential/agricultural real property	52225
value" means, for a tax year, the amount obtained by multiplying	52226
the value for that year of nonresidential/agricultural real	52227
property subject to taxation in the district by a fraction, the	52228
numerator of which is the total taxes charged and payable for that	52229
year against the nonresidential/agricultural real property subject	52230
to taxation in the district, exclusive of the uncollected taxes	52231
for that year on all real property subject to taxation in the	52232
district, and the denominator of which is the total taxes charged	52233
and payable for that year against the nonresidential/agricultural	52234
real property subject to taxation in the district.	52235

(8) "Effective personal value" means, for a tax year, the	52236
amount obtained by multiplying the value for that year certified	52237
under division (A)(2) of section 3317.021 of the Revised Code by a	52238
fraction, the numerator of which is the total taxes charged and	52239
payable for that year against personal property subject to	52240
taxation in the district, exclusive of the uncollected taxes for	52241
that year on that property, and the denominator of which is the	52242
total taxes charged and payable for that year against personal	52243
property subject to taxation in the district.	52244

(9) "Nonresidential/agricultural real property value" means,	52245
for a tax year, the sum of the values certified for a school	52246
district for that year under division (B)(2)(a) of this section,	52247
and "residential/agricultural real property value" means, for a	52248
tax year, the sum of the values certified for a school district	52249
under division (B)(2)(b) of this section.	52250

(10) "Taxes charged and payable against real property" means	52251
the taxes charged and payable against that property after making	52252
the reduction required by section 319.301 of the Revised Code.	52253

(11) "Total taxes charged and payable" has the same meaning	52254
given "taxes charged and payable" in section 3317.02 of the	52255
Revised Code.	52256

(B)(1) By the first day of August of any calendar year, a	52257
school district shall notify the department of education if it has	52258
any uncollected taxes from one port authority for the second	52259
preceding tax year whose taxes charged and payable represent at	52260
least one-half of one per cent of the district's total taxes	52261
charged and payable for that tax year.	52262

(2) The department shall verify whether the district has such	52263
uncollected taxes by the first day of September, and if the	52264
district does, shall immediately request the county auditor of	52265
each county in which the school district has territory to certify	52266
the following information concerning the district's property	52267
values and taxes for the second preceding tax year, and each such	52268
auditor shall certify that information to the department within	52269
thirty days of receiving the request:	52270

(a) The value of the property subject to taxation in the	52271
district that was classified as nonresidential/agricultural real	52272
property pursuant to section 5713.041 of the Revised Code, and the	52273
taxes charged and payable on that property; and	52274

(b) The value of the property subject to taxation in the	52275
district that was classified as residential/agricultural real	52276
property under section 5713.041 of the Revised Code.	52277

(C) By the fifteenth day of November, the department shall	52278
compute the district's effective nonresidential/agricultural real	52279
property value, effective residential/agricultural real property	52280
value, effective personal value, and effective value, and shall	52281
determine whether the school district's effective value for the	52282
second preceding tax year is at least one per cent less than its	52283
total value for that year certified under divisions (A)(1) and (2)	52284
of section 3317.021 of the Revised Code. If it is, the department	52285
shall recompute the basic state aid payable to the district for	52286
the immediately preceding fiscal year using the effective value in	52287
lieu of the amounts previously certified under section 3317.021 of	52288
the Revised Code. The difference between the original basic state	52289
aid amount computed for the district for the preceding fiscal year	52290
and the recomputed amount shall be paid to the district from the	52291
lottery profits education fund before the end of the current	52292
fiscal year.	52293

(D) Except as provided in division (E) of this section,	52294
amounts received by a school district under division (C) of this	52295
section shall be repaid to the department of education in any	52296
future year to the extent the district receives payments of	52297
uncollectable taxes in such future year. The department shall	52298
notify a district of any amount owed under this division.	52299

(E) If a school district received a grant from the	52300
catastrophic expenditures account pursuant to division (C) of	52301
section 3316.20 of the Revised Code on the basis of the same	52302
circumstances for which a recomputation is made under this	52303
section, the amount of the recomputation shall be reduced and	52304
transferred in accordance with division (C) of section 3316.20 of	52305
the Revised Code.	52306

Sec. 3317.0216. (A) As used in this section:

52307

(1) "Total taxes charged and payable for current expenses"	52308
means the sum of ~~the~~:	52309

(a) The taxes charged and payable as certified under division	52310
(A)(3)(a) of section 3317.021 of the Revised Code less any amounts	52311
reported under division (A)(3)(b) of that section~~, and the~~; plus	52312

(b) The tax distribution for the preceding year under any	52313
school district income tax levied by the district pursuant to	52314
Chapter 5748. of the Revised Code to the extent the revenue from	52315
the income tax is allocated or apportioned to current expenses,	52316
excluding the amount allocated or apportioned for the project	52317
cost, debt service, or maintenance set-aside associated with a	52318
state-assisted classroom facilities project as authorized by	52319
section 3318.052 of the Revised Code.	52320

(2) "Charge-off amount" means two and three-tenths per cent	52321
multiplied by (the sum of recognized valuation and property	52322
exemption value).	52323

(3) Until fiscal year 2003, the "actual local share of	52324
special education, transportation, and vocational education	52325
funding" for any school district means the sum of the district's	52326
attributed local shares described in divisions (F)(1) to (3) of	52327
section 3317.022 of the Revised Code. Beginning in fiscal year	52328
2003, the "actual local share of special education,	52329
transportation, and vocational education funding" means that sum	52330
minus the amount of any excess cost supplement payment calculated	52331
for the district under division (F) of section 3317.022 of the	52332
Revised Code.	52333

(B) Upon receiving the certifications under section 3317.021	52334
of the Revised Code, the department of education shall determine	52335
for each city, local, and exempted village school district whether	52336
the district's charge-off amount is greater than the district's	52337
total taxes charged and payable for current expenses, and if the	52338
charge-off amount is greater, shall pay the district the amount	52339
of the difference. A payment shall not be made to any school	52340
district for which the computation under division (A) of section	52341
3317.022 of the Revised Code equals zero.	52342

(C)(1) If a district's charge-off amount is equal to or	52343
greater than its total taxes charged and payable for current	52344
expenses, the department shall, in addition to the payment	52345
required under division (B) of this section, pay the district the	52346
amount of its actual local share of special education,	52347
transportation, and vocational education funding.	52348

(2) If a district's charge-off amount is less than its total	52349
taxes charged and payable for current expenses, the department	52350
shall pay the district any amount by which its actual local share	52351
of special education, transportation, and vocational education	52352
funding exceeds its total taxes charged and payable for current	52353
expenses minus its charge-off amount.	52354

(D) If a school district that received a payment under	52355
division (B) or (C) of this section in the prior fiscal year is	52356
ineligible for payment under those divisions in the current fiscal	52357
year, the department shall determine if the ineligibility is the	52358
result of a property tax or income tax levy approved by the	52359
district's voters to take effect in tax year 2005 or thereafter.	52360
If the department determines that is the case, and calculates that	52361
the levy causing the ineligibility exceeded by at least one mill	52362
the equivalent millage of the prior year's payment under divisions	52363
(B) and (C) of this section, the department shall make a payment	52364
to the district for the first three years that the district loses	52365
eligibility for payment under divisions (B) and (C) of this	52366
section, as follows:	52367

(1) In the first year of ineligibility, the department shall	52368
pay the district seventy-five per cent of the amount it last paid	52369
the district under divisions (B) and (C) of this section.	52370

(2) In the second year of ineligibility, the department shall	52371
pay the district fifty per cent of the amount it last paid the	52372
district under those divisions.	52373

(3) In the third year of ineligibility, the department shall	52374
pay the district twenty-five per cent of the amount it last paid	52375
the district under those divisions.	52376

(E) A district that receives payment under division (D) of	52377
this section and subsequently qualifies for payment under division	52378
(B) or (C) of this section is ineligible for future payments under	52379
division (D) of this section.	52380

(F) To enable the department of education to make the	52381
determinations and to calculate payments under division (D) of	52382
this section, on March 30, 2006, and on or before the first day	52383
of March of each year thereafter, the department shall send to	52384
the tax commissioner a list of school districts receiving	52385
payments under division (B) or (C) of this section for the	52386
current fiscal year. On or before the first day of the following	52387
June, the tax commissioner shall certify to the department of	52388
education for those school districts the information required by	52389
division (A)(8) of section 3317.021 of the Revised Code.	52390

Sec. 3317.03. ~~Notwithstanding divisions (A)(1), (B)(1), and~~	52391
~~(C) of this section, except as provided in division (A)(2)(h) of~~	52392
~~this section, any student enrolled in kindergarten more than half~~	52393
~~time shall be reported as one-half student under this section~~The	52394
information certified and verified under this section shall be	52395
used to calculate payments under this chapter and Chapter 3306.	52396
of the Revised Code.	52397

(A) The superintendent of each city, local, and exempted	52398
village school district and of each educational service center	52399
shall, for the schools under the superintendent's supervision,	52400
certify to the state board of education on or before the fifteenth	52401
day of October in each year for the first full school week in	52402
October the average daily membership of students receiving	52403
services from schools under the superintendent's supervision, and	52404
the numbers of other students entitled to attend school in the	52405
district under section 3313.64 or 3313.65 of the Revised Code the	52406
superintendent is required to report under this section, so that	52407
the department of education can calculate the district's formula	52408
ADM. ~~Beginning in fiscal year 2007, each superintendent also~~	52409
~~shall certify to the state board, for the schools under the~~	52410
~~superintendent's supervision, the formula ADM for the first full~~	52411
~~week in February.~~ If a school under the superintendent's	52412
supervision is closed for one or more days during that week due	52413
to hazardous weather conditions or other circumstances described	52414
in the first paragraph of division (A)(2) of section 3306.01 and	52415
the first paragraph of division (B) of section 3317.01 of the	52416
Revised Code, the superintendent may apply to the superintendent	52417
of public instruction for a waiver, under which the	52418
superintendent of public instruction may exempt the district	52419
superintendent from certifying the ~~formula ADM~~average daily	52420
membership for that school for that week and specify an	52421
alternate week for certifying the ~~formula ADM~~average daily	52422
membership of that school.	52423

The ~~formula ADM shall consist of the~~ average daily membership	52424
during such week shall consist of the sum of the following:	52425

(1) On an FTE basis, the number of students in grades	52426
kindergarten through twelve receiving any educational services	52427
from the district, except that the following categories of	52428
students shall not be included in the determination:	52429

(a) Students enrolled in adult education classes;

52430

(b) ~~Adjacent or other district students enrolled in the~~	52431
~~district under an open enrollment policy pursuant to section~~	52432
~~3313.98 of the Revised Code;~~	52433

~~(c)~~ Students receiving services in the district pursuant to a	52434
compact, cooperative education agreement, or a contract, but who	52435
are entitled to attend school in another district pursuant to	52436
section 3313.64 or 3313.65 of the Revised Code;	52437

~~(d)~~(c) Students for whom tuition is payable pursuant to	52438
sections 3317.081 and 3323.141 of the Revised Code;	52439

~~(e)~~(d) Students receiving services in the district through a	52440
scholarship awarded under section 3310.41 of the Revised Code.	52441

(2) On an FTE basis, ~~except as provided in division (A)(2)(h)~~	52442
~~of this section,~~ the number of students entitled to attend school	52443
in the district pursuant to section 3313.64 or 3313.65 of the	52444
Revised Code, but receiving educational services in grades	52445
kindergarten through twelve from one or more of the following	52446
entities:	52447

(a) ~~A community school pursuant to Chapter 3314. of the~~	52448
~~Revised Code, including any participation in a college pursuant to~~	52449
~~Chapter 3365. of the Revised Code while enrolled in such community~~	52450
~~school;~~	52451

~~(b)~~ An alternative school pursuant to sections 3313.974 to	52452
3313.979 of the Revised Code as described in division (I)(2)(a) or	52453
(b) of this section;	52454

~~(c)~~(b) A college pursuant to Chapter 3365. of the Revised	52455
Code, except when the student is enrolled in the college while	52456
also enrolled in ~~a community school pursuant to Chapter 3314. or~~ a	52457
science, technology, engineering, and mathematics school	52458
~~established under Chapter 3326.~~that is governed as provided in	52459
section 3326.51 of the Revised Code;	52460

~~(d) An adjacent or other school district under an open~~	52461
~~enrollment policy adopted pursuant to section 3313.98 of the~~	52462
~~Revised Code;~~	52463

~~(e)~~(c) An educational service center or cooperative education	52464
district;	52465

~~(f)~~(d) Another school district under a cooperative education	52466
agreement, compact, or contract;	52467

~~(g)~~(e) A chartered nonpublic school with a scholarship paid	52468
under section 3310.08 of the Revised Code;	52469

~~(h)~~(f) An alternative public provider or a registered private	52470
provider with a scholarship awarded under section 3310.41 of the	52471
Revised Code. ~~Each such scholarship student who is enrolled in~~	52472
~~kindergarten shall be counted as one full-time-equivalent~~	52473
~~student.~~	52474

As used in this section, "alternative public provider" and	52475
"registered private provider" have the same meanings as in section	52476
3310.41 of the Revised Code,.	52477

~~(i)~~(g) A science, technology, engineering, and mathematics	52478
school ~~established under Chapter 3326.~~that is governed as	52479
provided in section 3326.51 of the Revised Code, including any	52480
participation in a college pursuant to Chapter 3365. of the	52481
Revised Code while enrolled in the school.	52482

(3) ~~Twenty per cent of the~~The number of students enrolled in	52483
a joint vocational school district ~~or under a vocational~~	52484
~~education compact~~, excluding any students entitled to attend	52485
school in the district under section 3313.64 or 3313.65 of the	52486
Revised Code who are enrolled in another school district through	52487
an open enrollment policy ~~as reported under division (A)(2)(d) of~~	52488
~~this section~~ and then enroll in a joint vocational school district	52489
or under a vocational education compact;	52490

(4) The number of children with disabilities, other than	52491
preschool children with disabilities, entitled to attend school	52492
in the district pursuant to section 3313.64 or 3313.65 of the	52493
Revised Code who are placed by the district with a county MR/DD	52494
board, minus the number of such children placed with a county	52495
MR/DD board in fiscal year 1998. If this calculation produces a	52496
negative number, the number reported under division (A)(4) of	52497
this section shall be zero.	52498

~~(5) Beginning in fiscal year 2007, in the case of the report~~	52499
~~submitted for the first full week in February, or the alternative~~	52500
~~week if specified by the superintendent of public instruction, the~~	52501
~~number of students reported under division (A)(1) or (2) of this~~	52502
~~section for the first full week of the preceding October but who~~	52503
~~since that week have received high school diplomas.~~	52504

(B) To enable the department of education to obtain the data	52505
needed to complete the calculation of payments pursuant to this	52506
chapter and Chapter 3306. of the Revised Code, in addition to the	52507
~~formula ADM~~average daily membership, each superintendent shall	52508
report separately the following student counts for the same week	52509
for which ~~formula ADM~~average daily membership is certified:	52510

(1) The total average daily membership in regular learning	52511
day classes included in the report under division (A)(1) or (2)	52512
of this section for each of the individual grades kindergarten,	52513
~~and each of grades one~~ through twelve in schools under the	52514
superintendent's supervision;	52515

(2) The number of all preschool children with disabilities	52516
enrolled as of the first day of December in classes in the	52517
district that are eligible for approval under division (B) of	52518
section 3317.05 of the Revised Code and the number of those	52519
classes, which shall be reported not later than the fifteenth day	52520
of December, in accordance with rules adopted under that section;	52521

(3) The number of children entitled to attend school in the	52522
district pursuant to section 3313.64 or 3313.65 of the Revised	52523
Code who are:	52524

(a) Participating in a pilot project scholarship program	52525
established under sections 3313.974 to 3313.979 of the Revised	52526
Code as described in division (I)(2)(a) or (b) of this section;	52527

(b) Enrolled in a college under Chapter 3365. of the Revised	52528
Code, except when the student is enrolled in the college while	52529
also enrolled in ~~a community school pursuant to Chapter 3314. or~~ a	52530
science, technology, engineering, and mathematics school	52531
~~established under Chapter 3326.~~that is governed as provided in	52532
section 3326.51 of the Revised Code;	52533

(c) Enrolled in an adjacent or other school district under	52534
section 3313.98 of the Revised Code;	52535

(d) Enrolled in a community school established under Chapter	52536
3314. of the Revised Code that is not an internet- or	52537
computer-based community school as defined in section 3314.02 of	52538
the Revised Code, including any participation in a college	52539
pursuant to Chapter 3365. of the Revised Code while enrolled in	52540
such community school;	52541

(e) Enrolled in an internet- or computer-based community	52542
school, as defined in section 3314.02 of the Revised Code,	52543
including any participation in a college pursuant to Chapter 3365.	52544
of the Revised Code while enrolled in the school;	52545

(f) Enrolled in a chartered nonpublic school with a	52546
scholarship paid under section 3310.08 of the Revised Code;	52547

(g) Enrolled in kindergarten through grade twelve in an	52548
alternative public provider or a registered private provider with	52549
a scholarship awarded under section 3310.41 of the Revised Code;	52550

(h) Enrolled as a preschool child with a disability in an	52551
alternative public provider or a registered private provider with	52552
a scholarship awarded under section 3310.41 of the Revised Code;	52553

(i) Participating in a program operated by a county MR/DD	52554
board or a state institution;	52555

(j) Enrolled in a science, technology, engineering, and	52556
mathematics school ~~established under Chapter 3326.~~that is	52557
governed as provided in section 3326.51 of the Revised Code,	52558
including any participation in a college pursuant to Chapter	52559
3365. of the Revised Code while enrolled in the school.	52560

(4) The number of pupils enrolled in joint vocational	52561
schools;	52562

(5) The average daily membership of children with	52563
disabilities reported under division (A)(1) or (2) of this	52564
section receiving special education services for the category one	52565
disability described in division ~~(A)~~(D)(1) of section ~~3317.013~~	52566
3306.02 of the Revised Code;	52567

(6) The average daily membership of children with	52568
disabilities reported under division (A)(1) or (2) of this	52569
section receiving special education services for category two	52570
disabilities described in division ~~(B)~~(D)(2) of section ~~3317.013~~	52571
3306.02 of the Revised Code;	52572

(7) The average daily membership of children with	52573
disabilities reported under division (A)(1) or (2) of this	52574
section receiving special education services for category three	52575
disabilities described in division ~~(C)~~(D)(3) of section ~~3317.013~~	52576
3306.02 of the Revised Code;	52577

(8) The average daily membership of children with	52578
disabilities reported under division (A)(1) or (2) of this	52579
section receiving special education services for category four	52580
disabilities described in division (D)(4) of section ~~3317.013~~	52581
3306.02 of the Revised Code;	52582

(9) The average daily membership of children with	52583
disabilities reported under division (A)(1) or (2) of this	52584
section receiving special education services for the category	52585
five disabilities described in division ~~(E)~~(D)(5) of section	52586
~~3317.013~~3306.02 of the Revised Code;	52587

(10) The combined average daily membership of children with	52588
disabilities reported under division (A)(1) or (2) and under	52589
division (B)(3)(h) of this section receiving special education	52590
services for category six disabilities described in division	52591
~~(F)~~(D)(6) of section ~~3317.013~~3306.02 of the Revised Code,	52592
including children attending a special education program operated	52593
by an alternative public provider or a registered private	52594
provider with a scholarship awarded under section 3310.41 of the	52595
Revised Code;	52596

(11) The average daily membership of pupils reported under	52597
division (A)(1) or (2) of this section enrolled in category one	52598
vocational education programs or classes, described in division	52599
(A) of section 3317.014 of the Revised Code, operated by the	52600
school district or by another district, other than a joint	52601
vocational school district, or by an educational service center,	52602
excluding any student reported under division (B)(3)(e) of this	52603
section as enrolled in an internet- or computer-based community	52604
school, notwithstanding division (C) of section 3317.02 of the	52605
Revised Code and division (C)(3) of this section;	52606

(12) The average daily membership of pupils reported under	52607
division (A)(1) or (2) of this section enrolled in category two	52608
vocational education programs or services, described in division	52609
(B) of section 3317.014 of the Revised Code, operated by the	52610
school district or another school district, other than a joint	52611
vocational school district, or by an educational service center,	52612
excluding any student reported under division (B)(3)(e) of this	52613
section as enrolled in an internet- or computer-based community	52614
school, notwithstanding division (C) of section 3317.02 of the	52615
Revised Code and division (C)(3) of this section;	52616

Beginning with fiscal year 2010, vocational education ADM	52617
shall not be used to calculate a district's funding but shall be	52618
reported under divisions (B)(11) and (12) of this section for	52619
statistical purposes.	52620

(13) The average number of children transported by the school	52621
district on board-owned or contractor-owned and -operated buses,	52622
reported in accordance with rules adopted by the department of	52623
education;	52624

(14)(a) The number of children, other than preschool children	52625
with disabilities, the district placed with a county MR/DD board	52626
in fiscal year 1998;	52627

(b) The number of children with disabilities, other than	52628
preschool children with disabilities, placed with a county MR/DD	52629
board in the current fiscal year to receive special education	52630
services for the category one disability described in division	52631
~~(A)~~(D)(1) of section ~~3317.013~~3306.02 of the Revised Code;	52632

(c) The number of children with disabilities, other than	52633
preschool children with disabilities, placed with a county MR/DD	52634
board in the current fiscal year to receive special education	52635
services for category two disabilities described in division	52636
~~(B)~~(D)(2) of section ~~3317.013~~3306.02 of the Revised Code;	52637

(d) The number of children with disabilities, other than	52638
preschool children with disabilities, placed with a county MR/DD	52639
board in the current fiscal year to receive special education	52640
services for category three disabilities described in division	52641
~~(C)~~(D)(3) of section ~~3317.013~~3306.02 of the Revised Code;	52642

(e) The number of children with disabilities, other than	52643
preschool children with disabilities, placed with a county MR/DD	52644
board in the current fiscal year to receive special education	52645
services for category four disabilities described in division	52646
(D)(4) of section ~~3317.013~~3306.02 of the Revised Code;	52647

(f) The number of children with disabilities, other than	52648
preschool children with disabilities, placed with a county MR/DD	52649
board in the current fiscal year to receive special education	52650
services for the category five disabilities described in division	52651
~~(E)~~(D)(5) of section ~~3317.013~~3306.02 of the Revised Code;	52652

(g) The number of children with disabilities, other than	52653
preschool children with disabilities, placed with a county MR/DD	52654
board in the current fiscal year to receive special education	52655
services for category six disabilities described in division	52656
~~(F)~~(D)(6) of section ~~3317.013~~3306.02 of the Revised Code.	52657

(15) For the students reported under division (A)(1) of this	52658
section, the identity of the school district in which the student	52659
is entitled to attend school under section 3313.64 or 3313.65 of	52660
the Revised Code, by name of district or by a district	52661
identifying code or both, as required by the department for	52662
purposes of this division.	52663

(C)(1) ~~Except as otherwise provided in this section for~~	52664
~~kindergarten students, the~~The average daily membership in	52665
divisions (B)(1) to (12) of this section shall be based upon the	52666
number of full-time equivalent students. The state board of	52667
education shall adopt rules defining full-time equivalent students	52668
and for determining the average daily membership therefrom for the	52669
purposes of divisions (A), (B), and (D) of this section. Each	52670
student enrolled in kindergarten shall be counted as one full-time	52671
equivalent student regardless of whether the student is enrolled	52672
in a part-day or all-day kindergarten class.	52673

(2) A student enrolled in ~~a community school established~~	52674
~~under Chapter 3314. or~~ a science, technology, engineering, and	52675
mathematics school ~~established under Chapter 3326.~~that is	52676
governed as provided in section 3326.51 of the Revised Code	52677
shall be counted in the formula ADM and, if applicable, the	52678
category one, two, three, four, five, or six special education	52679
ADM of the school district in which the student is entitled to	52680
attend school under section 3313.64 or 3313.65 of the Revised	52681
Code for the same proportion of the school year that the student	52682
is counted in the enrollment of ~~the community school or~~ the	52683
science, technology, engineering, and mathematics school for	52684
purposes of section ~~3314.08 or~~ 3326.33 of the Revised Code.	52685
Notwithstanding the number of students reported pursuant to	52686
division (B)(3)~~(d), (e), or~~ (j) of this section, the department	52687
may adjust the formula ADM of a school district to account for	52688
students entitled to attend school in the district under	52689
section 3313.64 or 3313.65 of the Revised Code who are enrolled	52690
in ~~a community school or~~such a science, technology,	52691
engineering, and mathematics school for only a portion of the	52692
school year.	52693

(3) No child shall be counted as more than a total of one	52694
child in the sum of the average daily memberships of a school	52695
district under division (A), divisions (B)(1) to (12), or division	52696
(D) of this section, except as follows:	52697

(a) A child with a disability described in division (D) of	52698
section ~~3317.013~~3306.02 of the Revised Code may be counted both	52699
in formula ADM and in category one, two, three, four, five, or	52700
six special education ADM and, if applicable, in category one or	52701
two vocational education ADM. As provided in division (C) of	52702
section 3317.02 of the Revised Code, such a child shall be counted	52703
in category one, two, three, four, five, or six special education	52704
ADM in the same proportion that the child is counted in formula	52705
ADM.	52706

(b) A child enrolled in vocational education programs or	52707
classes described in section 3317.014 of the Revised Code may be	52708
counted both in formula ADM and category one or two vocational	52709
education ADM and, if applicable, in category one, two, three,	52710
four, five, or six special education ADM. Such a child shall be	52711
counted in category one or two vocational education ADM in the	52712
same proportion as the percentage of time that the child spends in	52713
the vocational education programs or classes.	52714

(4) Based on the information reported under this section, the	52715
department of education shall determine the total student count,	52716
as defined in section 3301.011 of the Revised Code, for each	52717
school district.	52718

(D)(1) The superintendent of each joint vocational school	52719
district shall certify to the superintendent of public instruction	52720
on or before the fifteenth day of October in each year for the	52721
first full school week in October the formula ADM, for purposes of	52722
section 3318.42 of the Revised Code and for any other purpose	52723
prescribed by law for which "formula ADM" of the joint vocational	52724
district is a factor. ~~Beginning in fiscal year 2007, each~~	52725
~~superintendent also shall certify to the state superintendent the~~	52726
~~formula ADM for the first full week in February.~~ If a school	52727
operated by the joint vocational school district is closed for	52728
one or more days during that week due to hazardous weather	52729
conditions or other circumstances described in the first	52730
paragraph of division (A)(2) of section 3306.01 or the first	52731
paragraph of division (B) of section 3317.01 of the Revised Code,	52732
the superintendent may apply to the superintendent of public	52733
instruction for a waiver, under which the superintendent of	52734
public instruction may exempt the district superintendent from	52735
certifying the formula ADM for that school for that week and	52736
specify an alternate week for certifying the formula ADM of that	52737
school.	52738

The formula ADM, except as otherwise provided in this	52739
division, shall consist of the average daily membership during	52740
such week, on an FTE basis, of the number of students receiving	52741
any educational services from the district, including students	52742
enrolled in a community school established under Chapter 3314. or	52743
a science, technology, engineering, and mathematics school	52744
established under Chapter 3326. of the Revised Code who are	52745
attending the joint vocational district under an agreement	52746
between the district board of education and the governing	52747
authority of the community school or the governing body of the	52748
science, technology, engineering, and mathematics school and are	52749
entitled to attend school in a city, local, or exempted village	52750
school district whose territory is part of the territory of the	52751
joint vocational district. ~~Beginning in fiscal year 2007, in the~~	52752
~~case of the report submitted for the first week in February, or~~	52753
~~the alternative week if specified by the superintendent of public~~	52754
~~instruction, the superintendent of the joint vocational school~~	52755
~~district may include the number of students reported under~~	52756
~~division (D)(1) of this section for the first full week of the~~	52757
~~preceding October but who since that week have received high~~	52758
~~school diplomas.~~	52759

The following categories of students shall not be included in	52760
the determination made under division (D)(1) of this section:	52761

(a) Students enrolled in adult education classes;

52762

(b) ~~Adjacent or other district joint vocational students~~	52763
~~enrolled in the district under an open enrollment policy pursuant~~	52764
~~to section 3313.98 of the Revised Code;~~	52765

~~(c)~~ Students receiving services in the district pursuant to a	52766
compact, cooperative education agreement, or a contract, but who	52767
are entitled to attend school in a city, local, or exempted	52768
village school district whose territory is not part of the	52769
territory of the joint vocational district;	52770

~~(d)~~(c) Students for whom tuition is payable pursuant to	52771
sections 3317.081 and 3323.141 of the Revised Code.	52772

(2) ~~To enable the department of education to obtain the data~~	52773
~~needed to complete the calculation of payments pursuant to this~~	52774
~~chapter, in~~In addition to the formula ADM, each superintendent	52775
shall report separately the average daily membership included in	52776
the report under division (D)(1) of this section for each of the	52777
following categories of students for the same week for which	52778
formula ADM is certified:	52779

(a) Students enrolled in each individual grade included in	52780
the joint vocational district schools;	52781

(b) Children with disabilities receiving special education	52782
services for the category one disability described in division	52783
~~(A)(C)~~(D)(1) of section ~~3317.013~~3306.02 of the Revised Code;	52784

(c) Children with disabilities receiving special education	52785
services for the category two disabilities described in division	52786
~~(B)~~(D)(2) of section ~~3317.013~~3306.02 of the Revised Code;	52787

(d) Children with disabilities receiving special education	52788
services for category three disabilities described in division	52789
~~(C)~~(D)(3) of section ~~3317.013~~3306.02 of the Revised Code;	52790

(e) Children with disabilities receiving special education	52791
services for category four disabilities described in division	52792
(D)(4) of section ~~3317.013~~3306.02 of the Revised Code;	52793

(f) Children with disabilities receiving special education	52794
services for the category five disabilities described in division	52795
~~(E)~~(D)(5) of section ~~3317.013~~3306.02 of the Revised Code;	52796

(g) Children with disabilities receiving special education	52797
services for category six disabilities described in division	52798
~~(F)~~(D)(6) of section ~~3317.013~~3306.02 of the Revised Code;	52799

(h) Students receiving category one vocational education	52800
services, described in division (A) of section 3317.014 of the	52801
Revised Code;	52802

(i) Students receiving category two vocational education	52803
services, described in division (B) of section 3317.014 of the	52804
Revised Code.	52805

The superintendent of each joint vocational school district	52806
shall also indicate the city, local, or exempted village school	52807
district in which each joint vocational district pupil is entitled	52808
to attend school pursuant to section 3313.64 or 3313.65 of the	52809
Revised Code.	52810

(E) In each school of each city, local, exempted village,	52811
joint vocational, and cooperative education school district there	52812
shall be maintained a record of school membership, which record	52813
shall accurately show, for each day the school is in session, the	52814
actual membership enrolled in regular day classes. For the purpose	52815
of determining average daily membership, the membership figure of	52816
any school shall not include any pupils except those pupils	52817
described by division (A) of this section. The record of	52818
membership for each school shall be maintained in such manner that	52819
no pupil shall be counted as in membership prior to the actual	52820
date of entry in the school and also in such manner that where for	52821
any cause a pupil permanently withdraws from the school that pupil	52822
shall not be counted as in membership from and after the date of	52823
such withdrawal. There shall not be included in the membership of	52824
any school any of the following:	52825

(1) Any pupil who has graduated from the twelfth grade of a	52826
public or nonpublic high school;	52827

(2) Any pupil who is not a resident of the state;

52828

(3) Any pupil who was enrolled in the schools of the district	52829
during the previous school year when ~~tests~~assessments were	52830
administered under section 3301.0711 of the Revised Code but did	52831
not take one or more of the ~~tests~~assessments required by that	52832
section and was not excused pursuant to division (C)(1) or (3) of	52833
that section;	52834

(4) Any pupil who has attained the age of twenty-two years,	52835
except for veterans of the armed services whose attendance was	52836
interrupted before completing the recognized twelve-year course of	52837
the public schools by reason of induction or enlistment in the	52838
armed forces and who apply for reenrollment in the public school	52839
system of their residence not later than four years after	52840
termination of war or their honorable discharge.	52841

If, however, any veteran described by division (E)(4) of this	52842
section elects to enroll in special courses organized for veterans	52843
for whom tuition is paid under the provisions of federal laws, or	52844
otherwise, that veteran shall not be included in average daily	52845
membership.	52846

Notwithstanding division (E)(3) of this section, the	52847
membership of any school may include a pupil who did not take a	52848
~~test~~an assessment required by section 3301.0711 of the Revised	52849
Code if the superintendent of public instruction grants a waiver	52850
from the requirement to take the ~~test~~assessment to the specific	52851
pupil and a parent is not paying tuition for the pupil pursuant	52852
to section 3313.6410 of the Revised Code. The superintendent may	52853
grant such a waiver only for good cause in accordance with rules	52854
adopted by the state board of education.	52855

Except as provided in divisions (B)(2) and (F) of this	52856
section, the average daily membership figure of any local, city,	52857
exempted village, or joint vocational school district shall be	52858
determined by dividing the figure representing the sum of the	52859
number of pupils enrolled during each day the school of attendance	52860
is actually open for instruction during the week for which the	52861
~~formula ADM~~average daily membership is being certified by the	52862
total number of days the school was actually open for instruction	52863
during that week. For purposes of state funding, "enrolled"	52864
persons are only those pupils who are attending school, those who	52865
have attended school during the current school year and are	52866
absent for authorized reasons, and those children with	52867
disabilities currently receiving home instruction.	52868

The average daily membership figure of any cooperative	52869
education school district shall be determined in accordance with	52870
rules adopted by the state board of education.	52871

(F)(1) If the formula ADM for the first full school week in	52872
February is at least three per cent greater than that certified	52873
for the first full school week in the preceding October, the	52874
superintendent of schools of any city, exempted village, or joint	52875
vocational school district or educational service center shall	52876
certify such increase to the superintendent of public instruction.	52877
Such certification shall be submitted no later than the fifteenth	52878
day of February. For the balance of the fiscal year, beginning	52879
with the February payments, the superintendent of public	52880
instruction shall use the increased formula ADM in calculating or	52881
recalculating the amounts to be allocated in accordance with	52882
section 3317.022 or 3317.16 of the Revised Code. In no event	52883
shall the superintendent use an increased membership certified	52884
to the superintendent after the fifteenth day of February.	52885
Division (F)(1) of this section does not apply after fiscal year	52886
2006.	52887

(2) If on the first school day of April the total number of	52888
classes or units for preschool children with disabilities that	52889
are eligible for approval under division (B) of section 3317.05	52890
of the Revised Code exceeds the number of units that have been	52891
approved for the year under that division, the superintendent of	52892
schools of any city, exempted village, or cooperative education	52893
school district or educational service center shall make the	52894
certifications required by this section for that day. If the	52895
department determines additional units can be approved for the	52896
fiscal year within any limitations set forth in the acts	52897
appropriating moneys for the funding of such units, the	52898
department shall approve additional units for the fiscal year on	52899
the basis of such average daily membership. For each unit so	52900
approved, the department shall pay an amount computed in the	52901
manner prescribed in section 3317.052 or 3317.19 and section	52902
3317.053 of the Revised Code.	52903

(3) If a student attending ~~a community school under Chapter~~	52904
~~3314. or~~ a science, technology, engineering, and mathematics	52905
school ~~established under Chapter 3326.~~that is governed as	52906
provided in section 3326.51 of the Revised Code is not included	52907
in the formula ADM certified for the school district in which the	52908
student is entitled to attend school under section 3313.64 or	52909
3313.65 of the Revised Code, the department of education shall	52910
adjust the formula ADM of that school district to include the	52911
student in accordance with division (C)(2) of this section, and	52912
shall recalculate the school district's payments under this	52913
chapter and Chapter 3306. of the Revised Code for the entire	52914
fiscal year on the basis of that adjusted formula ADM. This	52915
requirement applies regardless of whether the student was	52916
enrolled, as defined in division (E) of this section, in ~~the~~	52917
~~community school or~~ the science, technology, engineering, and	52918
mathematics school during the week for which the formula ADM is	52919
being certified.	52920

(4) If a student awarded an educational choice scholarship is	52921
not included in the formula ADM of the school district from which	52922
the department deducts funds for the scholarship under section	52923
3310.08 of the Revised Code, the department shall adjust the	52924
formula ADM of that school district to include the student to the	52925
extent necessary to account for the deduction, and shall	52926
recalculate the school district's payments under this chapter and	52927
Chapter 3306. of the Revised Code for the entire fiscal year on	52928
the basis of that adjusted formula ADM. This requirement applies	52929
regardless of whether the student was enrolled, as defined in	52930
division (E) of this section, in the chartered nonpublic school,	52931
the school district, or a community school during the week for	52932
which the formula ADM is being certified.	52933

(G)(1)(a) The superintendent of an institution operating a	52934
special education program pursuant to section 3323.091 of the	52935
Revised Code shall, for the programs under such superintendent's	52936
supervision, certify to the state board of education, in the	52937
manner prescribed by the superintendent of public instruction,	52938
both of the following:	52939

(i) The average daily membership of all children with	52940
disabilities other than preschool children with disabilities	52941
receiving services at the institution for each category of	52942
disability described in divisions ~~(A) to (F)~~(D)(1) to (6) of	52943
section ~~3317.013~~3306.02 of the Revised Code;	52944

(ii) The average daily membership of all preschool children	52945
with disabilities in classes or programs approved annually by the	52946
department of education for unit funding under section 3317.05 of	52947
the Revised Code.	52948

(b) The superintendent of an institution with vocational	52949
education units approved under division (A) of section 3317.05 of	52950
the Revised Code shall, for the units under the superintendent's	52951
supervision, certify to the state board of education the average	52952
daily membership in those units, in the manner prescribed by the	52953
superintendent of public instruction.	52954

(2) The superintendent of each county MR/DD board that	52955
maintains special education classes under section 3317.20 of the	52956
Revised Code or units approved pursuant to section 3317.05 of the	52957
Revised Code shall do both of the following:	52958

(a) Certify to the state board, in the manner prescribed by	52959
the board, the average daily membership in classes under section	52960
3317.20 of the Revised Code for each school district that has	52961
placed children in the classes;	52962

(b) Certify to the state board, in the manner prescribed by	52963
the board, the number of all preschool children with disabilities	52964
enrolled as of the first day of December in classes eligible for	52965
approval under division (B) of section 3317.05 of the Revised	52966
Code, and the number of those classes.	52967

(3)(a) If on the first school day of April the number of	52968
classes or units maintained for preschool children with	52969
disabilities by the county MR/DD board that are eligible for	52970
approval under division (B) of section 3317.05 of the Revised Code	52971
is greater than the number of units approved for the year under	52972
that division, the superintendent shall make the certification	52973
required by this section for that day.	52974

(b) If the department determines that additional classes or	52975
units can be approved for the fiscal year within any limitations	52976
set forth in the acts appropriating moneys for the funding of the	52977
classes and units described in division (G)(3)(a) of this section,	52978
the department shall approve and fund additional units for the	52979
fiscal year on the basis of such average daily membership. For	52980
each unit so approved, the department shall pay an amount computed	52981
in the manner prescribed in sections 3317.052 and 3317.053 of the	52982
Revised Code.	52983

(H) Except as provided in division (I) of this section, when	52984
any city, local, or exempted village school district provides	52985
instruction for a nonresident pupil whose attendance is	52986
unauthorized attendance as defined in section 3327.06 of the	52987
Revised Code, that pupil's membership shall not be included in	52988
that district's membership figure used in the calculation of that	52989
district's formula ADM or included in the determination of any	52990
unit approved for the district under section 3317.05 of the	52991
Revised Code. The reporting official shall report separately the	52992
average daily membership of all pupils whose attendance in the	52993
district is unauthorized attendance, and the membership of each	52994
such pupil shall be credited to the school district in which the	52995
pupil is entitled to attend school under division (B) of section	52996
3313.64 or section 3313.65 of the Revised Code as determined by	52997
the department of education.	52998

(I)(1) A city, local, exempted village, or joint vocational	52999
school district admitting a scholarship student of a pilot project	53000
district pursuant to division (C) of section 3313.976 of the	53001
Revised Code may count such student in its average daily	53002
membership.	53003

(2) In any year for which funds are appropriated for pilot	53004
project scholarship programs, a school district implementing a	53005
state-sponsored pilot project scholarship program that year	53006
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	53007
count in average daily membership:	53008

(a) All children residing in the district and utilizing a	53009
scholarship to attend kindergarten in any alternative school, as	53010
defined in section 3313.974 of the Revised Code;	53011

(b) All children who were enrolled in the district in the	53012
preceding year who are utilizing a scholarship to attend any such	53013
alternative school.	53014

(J) The superintendent of each cooperative education school	53015
district shall certify to the superintendent of public	53016
instruction, in a manner prescribed by the state board of	53017
education, the applicable average daily memberships for all	53018
students in the cooperative education district, also indicating	53019
the city, local, or exempted village district where each pupil is	53020
entitled to attend school under section 3313.64 or 3313.65 of the	53021
Revised Code.	53022

(K) If the superintendent of public instruction determines	53023
that a component of the ~~formula ADM~~average daily membership	53024
certified or reported by a district superintendent, or other	53025
reporting entity, is not correct, the superintendent of public	53026
instruction may order that the formula ADM used for the purposes	53027
of payments under any section of Title XXXIII of the Revised Code	53028
be adjusted in the amount of the error.	53029

Sec. 3317.031. A membership record shall be kept by grade	53030
level in each city, local, exempted village, joint vocational, and	53031
cooperative education school district and such a record shall be	53032
kept by grade level in each educational service center that	53033
provides academic instruction to pupils, classes for pupils with	53034
disabilities, or any other direct instructional services to	53035
pupils. Such membership record shall show the following	53036
information for each pupil enrolled: Name, date of birth, name of	53037
parent, date entered school, date withdrawn from school, days	53038
present, days absent, and the number of days school was open for	53039
instruction while the pupil was enrolled. At the end of the	53040
school year this membership record shall show the total days	53041
present, the total days absent, and the total days due for all	53042
pupils in each grade. Such membership record shall show the	53043
pupils that are transported to and from school and it shall also	53044
show the pupils that are transported living within one mile of the	53045
school attended. This membership record shall also show any other	53046
information prescribed by the state board of education.	53047

This membership record shall be kept intact for at least five	53048
years and shall be made available to the state board of education	53049
or its representative in making an audit of the average daily	53050
membership or the transportation of the district or educational	53051
service center. The membership records of local school districts	53052
shall be filed at the close of each school year in the office of	53053
the educational service center superintendent.	53054

The state board of education may withhold any money due any	53055
school district or educational service center under ~~sections~~	53056
~~3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, or 3317.19~~this	53057
chapter and Chapter 3306. of the Revised Code until it has	53058
satisfactory evidence that the board of education or educational	53059
service center governing board has fully complied with all of the	53060
provisions of this section.	53061

Nothing in this section shall require any person to release,	53062
or to permit access to, public school records in violation of	53063
section 3319.321 of the Revised Code.	53064

Sec. 3317.04. The amount paid to school districts in each	53065
fiscal year under ~~Chapter~~Chapters 3306. and 3317. of the Revised	53066
Code shall not be less than the following:	53067

(A) In the case of a district created under section 3311.26	53068
or 3311.37 of the Revised Code, the amount paid shall not be less,	53069
in any of the three succeeding fiscal years following the	53070
creation, than the sum of the amounts allocated under ~~Chapter~~	53071
Chapters 3306. and 3317. of the Revised Code to the districts	53072
separately in the year of the creation.	53073

(B) In the case of a school district which is transferred to	53074
another school district or districts, pursuant to section 3311.22,	53075
3311.231, or 3311.38 of the Revised Code, the amount paid to the	53076
district accepting the transferred territory shall not be less, in	53077
any of the three succeeding fiscal years following the transfer,	53078
than the sum of the amounts allocated under ~~Chapter~~Chapters 3306.	53079
and 3317. of the Revised Code to the districts separately in the	53080
year of the consummation of the transfer.	53081

Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37,	53082
and 3311.38 of the Revised Code, the minimum guarantees prescribed	53083
by divisions (A) and (B) of this section shall not affect the	53084
amount of aid received by a school district for more than three	53085
consecutive years.	53086

Sec. 3317.05. (A) For the purpose of calculating payments	53087
under sections 3317.052 and 3317.053 of the Revised Code, the	53088
department of education shall determine for each institution, by	53089
the last day of January of each year and based on information	53090
certified under section 3317.03 of the Revised Code, the number of	53091
vocational education units or fractions of units approved by the	53092
department on the basis of standards and rules adopted by the	53093
state board of education. As used in this division, "institution"	53094
means an institution operated by a department specified in section	53095
3323.091 of the Revised Code and that provides vocational	53096
education programs under the supervision of the division of	53097
vocational education of the department that meet the standards	53098
and rules for these programs, including licensure of professional	53099
staff involved in the programs, as established by the state	53100
board.	53101

(B) For the purpose of calculating payments under sections	53102
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	53103
department shall determine, based on information certified under	53104
section 3317.03 of the Revised Code, the following by the last day	53105
of January of each year for each educational service center, for	53106
each school district, including each cooperative education school	53107
district, for each institution eligible for payment under section	53108
3323.091 of the Revised Code, and for each county MR/DD board: the	53109
number of classes operated by the school district, service center,	53110
institution, or county MR/DD board for preschool children with	53111
disabilities, or fraction thereof, including in the case of a	53112
district or service center that is a funding agent, classes	53113
taught by a licensed teacher employed by that district or service	53114
center under section 3313.841 of the Revised Code, approved	53115
annually by the department on the basis of standards and rules	53116
adopted by the state board.	53117

(C) For the purpose of calculating payments under sections	53118
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	53119
department shall determine, based on information certified under	53120
section 3317.03 of the Revised Code, the following by the last day	53121
of January of each year for each school district, including each	53122
cooperative education school district, for each institution	53123
eligible for payment under section 3323.091 of the Revised Code,	53124
and for each county MR/DD board: the number of units for related	53125
services, as defined in section 3323.01 of the Revised Code, for	53126
preschool children with disabilities approved annually by the	53127
department on the basis of standards and rules adopted by the	53128
state board.	53129

(D) All of the arithmetical calculations made under this	53130
section shall be carried to the second decimal place. The total	53131
number of units for school districts, service centers, and	53132
institutions approved annually under this section shall not exceed	53133
the number of units included in the estimate of cost for these	53134
units and appropriations made for them by the general assembly.	53135

In the case of units for preschool children with	53136
disabilities described in division (B) of this section, the	53137
department shall approve only preschool units for children who	53138
are under age six on the thirtieth day of September of the	53139
academic year, or on the first day of August of the academic year	53140
if the school district in which the child is enrolled has adopted	53141
a resolution under division (A)(3) of section 3321.01 of the	53142
Revised Code, but not less than age three on the first day of	53143
December of the academic year, except that such a unit may	53144
include one or more children who are under age three or are age	53145
six or over on the applicable date, as reported under division	53146
(B)(2) or (G)(2)(b) of section 3317.03 of the Revised Code, if	53147
such children have been admitted to the unit pursuant to rules of	53148
the state board. The number of units for county MR/DD boards and	53149
institutions eligible for payment under section 3323.091 of the	53150
Revised Code approved under this section shall not exceed the	53151
number that can be funded with appropriations made for such	53152
purposes by the general assembly.	53153

No unit shall be approved under divisions (B) and (C) of this	53154
section unless a plan has been submitted and approved under	53155
Chapter 3323. of the Revised Code.	53156

~~(E) The department shall approve units or fractions thereof~~	53157
~~for gifted children on the basis of standards and rules adopted by~~	53158
~~the state board.~~	53159

Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and	53160
3317.11 of the Revised Code, a unit funded pursuant to ~~division~~	53161
~~(L) of section 3317.024 or~~ division (A)(2) of section 3317.052 of	53162
the Revised Code shall not be approved for state funding in one	53163
school district, including any cooperative education school	53164
district or any educational service center, to the extent that	53165
such unit provides programs in or services to another district	53166
which receives payment pursuant to section 3317.04 of the Revised	53167
Code.	53168

(2) Any city, local, exempted village, or cooperative	53169
education school district or any educational service center may	53170
combine partial unit eligibility for programs for preschool	53171
children with disabilities pursuant to section 3317.05 of the	53172
Revised Code, and such combined partial units may be approved for	53173
state funding in one school district or service center.	53174

(B) After units have been initially approved for any fiscal	53175
year under section 3317.05 of the Revised Code, no unit shall be	53176
subsequently transferred from a school district or educational	53177
service center to another city, exempted village, local, or	53178
cooperative education school district or educational service	53179
center or to an institution or county MR/DD board solely for the	53180
purpose of reducing the financial obligations of the school	53181
district in a fiscal year it receives payment pursuant to section	53182
3317.04 of the Revised Code.	53183

Sec. 3317.053. (A) As used in this section:

53184

(1) ~~"State share percentage" has the same meaning as in~~	53185
~~section 3317.022 of the Revised Code.~~	53186

~~(2)~~ "Dollar amount" means the amount shown in the following	53187
table for the corresponding type of unit:	53188

TYPE OF UNIT	DOLLAR AMOUNT	53189
Division (B) of section 3317.05		53190
of the Revised Code	$8,334	53191
Division (C) of that section	$3,234	53192
~~Division (E) of that section~~	~~$5,550~~	53193

~~(3)~~(2) "Average unit amount" means the amount shown in the	53194
following table for the corresponding type of unit:	53195

TYPE OF UNIT	AVERAGE UNIT AMOUNT	53196
Division (B) of section 3317.05		53197
of the Revised Code	$7,799	53198
Division (C) of that section	$2,966	53199
~~Division (E) of that section~~	~~$5,251~~	53200

(B) In the case of each unit described in division (B),or	53201
(C)~~, or (E)~~ of section 3317.05 of the Revised Code and allocated	53202
to a city, local, or exempted village school district, the	53203
department of education, in addition to the amounts specified in	53204
~~division (L) of section 3317.024 and~~ sections 3317.052 and 3317.19	53205
of the Revised Code, shall pay a supplemental unit allowance equal	53206
to the sum of the following amounts:	53207

(1) An amount equal to 50% of the average unit amount for the	53208
unit;	53209

(2) An amount equal to the percentage of the dollar amount	53210
for the unit that equals the district's state share percentage.	53211

If, prior to the fifteenth day of May of a fiscal year, a	53212
school district's aid ~~computed under section 3317.022 of the~~	53213
~~Revised Code~~ is recomputed pursuant to section 3317.027 or	53214
3317.028 of the Revised Code, the department shall also recompute	53215
the district's entitlement to payment under this section utilizing	53216
a new state share percentage. Such new state share percentage	53217
shall be determined using the district's recomputed basic aid	53218
amount pursuant to section 3317.027 or 3317.028 of the Revised	53219
Code. During the last six months of the fiscal year, the	53220
department shall pay the district a sum equal to one-half of the	53221
recomputed payment in lieu of one-half the payment otherwise	53222
calculated under this section.	53223

(C)(1) In the case of each unit allocated to an institution	53224
pursuant to division (A) of section 3317.05 of the Revised Code,	53225
the department, in addition to the amount specified in section	53226
3317.052 of the Revised Code, shall pay a supplemental unit	53227
allowance of $7,227.	53228

(2) In the case of each unit described in division (B) of	53229
section 3317.05 of the Revised Code that is allocated to any	53230
entity other than a city, exempted village, or local school	53231
district, the department, in addition to the amount specified in	53232
section 3317.052 of the Revised Code, shall pay a supplemental	53233
unit allowance of $7,799.	53234

(3) In the case of each unit described in division (C) of	53235
section 3317.05 of the Revised Code and allocated to any entity	53236
other than a city, exempted village, or local school district, the	53237
department, in addition to the amounts specified in section	53238
3317.052 of the Revised Code, shall pay a supplemental unit	53239
allowance of $2,966.	53240

~~(4) In the case of each unit described in division (E) of~~	53241
~~section 3317.05 of the Revised Code and allocated to an~~	53242
~~educational service center, the department, in addition to the~~	53243
~~amounts specified in division (L) of section 3317.024 of the~~	53244
~~Revised Code, shall pay a supplemental unit allowance of $5,251.~~	53245

Sec. 3317.061. The superintendent of each school district,	53246
including each cooperative education and joint vocational school	53247
district and the superintendent of each educational service	53248
center, shall, on forms prescribed and furnished by the state	53249
board of education, certify to the state board of education, on or	53250
before the fifteenth day of October of each year, the name of each	53251
licensed employee employed, on an annual salary, in each school	53252
under such superintendent's supervision during the first full	53253
school week of said month of October, the number of years of	53254
recognized college training such licensed employee has completed,	53255
the college degrees from a recognized college earned by such	53256
licensed employee, the type of teaching license held by such	53257
licensed employee, the number of months such licensed employee is	53258
employed in the school district, the annual salary of such	53259
licensed employee, and such other information as the state board	53260
of education may request. For the purposes of ~~Chapter~~Chapters	53261
3306. and 3317. of the Revised Code, a licensed employee is any	53262
employee in a position that requires a license issued pursuant to	53263
sections 3319.22 to 3319.31 of the Revised Code.	53264

Pursuant to standards adopted by the state board of	53265
education, experience of vocational teachers in trade and industry	53266
shall be recognized by such board for the purpose of complying	53267
with the requirements of recognized college training provided by	53268
~~Chapter~~Chapters 3306. and 3317. of the Revised Code.	53269

Sec. 3317.063. The superintendent of public instruction, in	53270
accordance with rules adopted by the department of education,	53271
shall annually reimburse each chartered nonpublic school for the	53272
actual mandated service administrative and clerical costs incurred	53273
by such school during the preceding school year in preparing,	53274
maintaining, and filing reports, forms, and records, and in	53275
providing such other administrative and clerical services that are	53276
not an integral part of the teaching process as may be required by	53277
state law or rule or by requirements duly promulgated by city,	53278
exempted village, or local school districts. The mandated service	53279
costs reimbursed pursuant to this section shall include, but are	53280
not limited to, the preparation, filing and maintenance of forms,	53281
reports, or records and other clerical and administrative services	53282
relating to state chartering or approval of the nonpublic school,	53283
pupil attendance, pupil health and health testing, transportation	53284
of pupils, federally funded education programs, pupil appraisal,	53285
pupil progress, educator licensure, unemployment and workers'	53286
compensation, transfer of pupils, and such other education related	53287
data which are now or hereafter shall be required of such	53288
nonpublic school by state law or rule, or by requirements of the	53289
state department of education, other state agencies, or city,	53290
exempted village, or local school districts.	53291

The reimbursement required by this section shall be for	53292
school years beginning on or after July 1, 1981.	53293

Each nonpublic school which seeks reimbursement pursuant to	53294
this section shall submit to the superintendent of public	53295
instruction an application together with such additional reports	53296
and documents as the department of education may require. Such	53297
application, reports, and documents shall contain such information	53298
as the department of education may prescribe in order to carry out	53299
the purposes of this section. No payment shall be made until the	53300
superintendent of public instruction has approved such	53301
application.	53302

Each nonpublic school which applies for reimbursement	53303
pursuant to this section shall maintain a separate account or	53304
system of accounts for the expenses incurred in rendering the	53305
required services for which reimbursement is sought. Such accounts	53306
shall contain such information as is required by the department of	53307
education and shall be maintained in accordance with rules adopted	53308
by the department of education.	53309

Reimbursement payments to a nonpublic school pursuant to this	53310
section shall not exceed an amount for each school year equal to	53311
three hundred twenty-five dollars per pupil enrolled in that	53312
nonpublic school.	53313

The superintendent of public instruction may, from time to	53314
time, examine any and all accounts and records of a nonpublic	53315
school which have been maintained pursuant to this section in	53316
support of an application for reimbursement, for the purpose of	53317
determining the costs to such school of rendering the services for	53318
which reimbursement is sought. If after such audit it is	53319
determined that any school has received funds in excess of the	53320
actual cost of providing such services, said school shall	53321
immediately reimburse the state in such excess amount.	53322

Any payments made to chartered nonpublic schools under this	53323
section may be disbursed without submission to and approval of the	53324
controlling board.	53325

Sec. 3317.08. A board of education may admit to its schools	53326
a child it is not required by section 3313.64 or 3313.65 of the	53327
Revised Code to admit, if tuition is paid for the child.	53328

Unless otherwise provided by law, tuition shall be computed	53329
in accordance with this section. A district's tuition charge for a	53330
school year shall be one of the following:	53331

(A) For any child, except a preschool child with a	53332
disability described in division (B) of this section, the	53333
quotient obtained by dividing the sum of the amounts described in	53334
divisions (A)(1) and (2) of this section by the district's formula	53335
ADM.	53336

(1) The district's total taxes charged and payable for	53337
current expenses for the tax year preceding the tax year in which	53338
the school year begins as certified under division (A)(3) of	53339
section 3317.021 of the Revised Code.	53340

(2) The district's total taxes collected for current expenses	53341
under a school district income tax adopted pursuant to section	53342
5748.03 or 5748.08 of the Revised Code that are disbursed to the	53343
district during the fiscal year, excluding any income tax receipts	53344
allocated for the project cost, debt service, or maintenance	53345
set-aside associated with a state-assisted classroom facilities	53346
project as authorized by section 3318.052 of the Revised Code. On	53347
or before the first day of June of each year, the tax commissioner	53348
shall certify the amount to be used in the calculation under this	53349
division for the next fiscal year to the department of education	53350
and the office of budget and management for each city, local, and	53351
exempted village school district that levies a school district	53352
income tax.	53353

(B) For any preschool child with a disability not included	53354
in a unit approved under division (B) of section 3317.05 of the	53355
Revised Code, an amount computed for the school year as follows:	53356

(1) For each type of special education service provided to	53357
the child for whom tuition is being calculated, determine the	53358
amount of the district's operating expenses in providing that type	53359
of service to all preschool children with disabilities not	53360
included in units approved under division (B) of section 3317.05	53361
of the Revised Code;	53362

(2) For each type of special education service for which	53363
operating expenses are determined under division (B)(1) of this	53364
section, determine the amount of such operating expenses that was	53365
paid from any state funds received under this chapter;	53366

(3) For each type of special education service for which	53367
operating expenses are determined under division (B)(1) of this	53368
section, divide the difference between the amount determined under	53369
division (B)(1) of this section and the amount determined under	53370
division (B)(2) of this section by the total number of preschool	53371
children with disabilities not included in units approved under	53372
division (B) of section 3317.05 of the Revised Code who received	53373
that type of service;	53374

(4) Determine the sum of the quotients obtained under	53375
division (B)(3) of this section for all types of special education	53376
services provided to the child for whom tuition is being	53377
calculated.	53378

The state board of education shall adopt rules defining the	53379
types of special education services and specifying the operating	53380
expenses to be used in the computation under this section.	53381

If any child for whom a tuition charge is computed under this	53382
section for any school year is enrolled in a district for only	53383
part of that school year, the amount of the district's tuition	53384
charge for the child for the school year shall be computed in	53385
proportion to the number of school days the child is enrolled in	53386
the district during the school year.	53387

Except as otherwise provided in division (J) of section	53388
3313.64 of the Revised Code, whenever a district admits a child to	53389
its schools for whom tuition computed in accordance with this	53390
section is an obligation of another school district, the amount of	53391
the tuition shall be certified by the treasurer of the board of	53392
education of the district of attendance, to the board of education	53393
of the district required to pay tuition for its approval and	53394
payment. If agreement as to the amount payable or the district	53395
required to pay the tuition cannot be reached, or the board of	53396
education of the district required to pay the tuition refuses to	53397
pay that amount, the board of education of the district of	53398
attendance shall notify the superintendent of public instruction.	53399
The superintendent shall determine the correct amount and the	53400
district required to pay the tuition and shall deduct that amount,	53401
if any, under division (G) of section 3317.023 of the Revised	53402
Code, from the district required to pay the tuition and add that	53403
amount to the amount allocated to the district attended under such	53404
division. The superintendent of public instruction shall send to	53405
the district required to pay the tuition an itemized statement	53406
showing such deductions at the time of such deduction.	53407

When a political subdivision owns and operates an airport,	53408
welfare, or correctional institution or other project or facility	53409
outside its corporate limits, the territory within which the	53410
facility is located is exempt from taxation by the school district	53411
within which such territory is located, and there are school age	53412
children residing within such territory, the political subdivision	53413
owning such tax exempt territory shall pay tuition to the district	53414
in which such children attend school. The tuition for these	53415
children shall be computed as provided for in this section.	53416

Sec. 3317.081. (A) Tuition shall be computed in accordance	53417
with this section if:	53418

(1) The tuition is required by division (C)(3)(b) of section	53419
3313.64 of the Revised Code; or	53420

(2) Neither the child nor the child's parent resides in this	53421
state and tuition is required by section 3327.06 of the Revised	53422
Code.	53423

(B) Tuition computed in accordance with this section shall	53424
equal the attendance district's tuition rate computed under	53425
section 3317.08 of the Revised Code plus the amount that district	53426
would have received for the child pursuant to Chapter 3306. and	53427
sections ~~3317.022,~~ 3317.023, and 3317.025 to 3317.0211 of the	53428
Revised Code during the school year had the attendance district	53429
been authorized to count the child in its formula ADM for that	53430
school year under section 3317.03 of the Revised Code.	53431

Sec. 3317.082. As used in this section, "institution" means	53432
a residential facility that receives and cares for children	53433
maintained by the department of youth services and that operates a	53434
school chartered by the state board of education under section	53435
3301.16 of the Revised Code.	53436

(A) On or before the thirty-first day of each January and	53437
July, the superintendent of each institution that during the	53438
six-month period immediately preceding each January or July	53439
provided an elementary or secondary education for any child, other	53440
than a child receiving special education under section 3323.091 of	53441
the Revised Code, shall prepare and submit to the department of	53442
education, a statement for each such child indicating the child's	53443
name, any school district responsible to pay tuition for the child	53444
as determined by the superintendent in accordance with division	53445
(C)(2) or (3) of section 3313.64 of the Revised Code, and the	53446
period of time during that six-month period that the child	53447
received an elementary or secondary education. If any school	53448
district is responsible to pay tuition for any such child, the	53449
department of education, no later than the immediately succeeding	53450
last day of February or August, as applicable, shall calculate the	53451
amount of the tuition of the district under section 3317.08 of the	53452
Revised Code for the period of time indicated on the statement and	53453
do one of the following:	53454

(1) If the tuition amount is equal to or less than the amount	53455
of state basic aid funds payable to the district under ~~sections~~	53456
~~3317.022 and~~Chapter 3306. and section 3317.023 of the Revised	53457
Code, pay to the institution submitting the statement an amount	53458
equal to the tuition amount, as provided under division (M) of	53459
section 3317.024 of the Revised Code, and deduct the tuition	53460
amount from the state basic aid funds payable to the district, as	53461
provided under division (F)(2) of section 3317.023 of the Revised	53462
Code;	53463

(2) If the tuition amount is greater than the amount of state	53464
basic aid funds payable to the district under ~~sections 3317.022~~	53465
~~and~~Chapter 3306. and section 3317.023 of the Revised Code,	53466
require the district to pay to the institution submitting the	53467
statement an amount equal to the tuition amount.	53468

(B) In the case of any disagreement about the school district	53469
responsible to pay tuition for a child pursuant to this section,	53470
the superintendent of public instruction shall make the	53471
determination in any such case in accordance with division (C)(2)	53472
or (3) of section 3313.64 of the Revised Code.	53473

Sec. 3317.12. Any board of education participating in funds	53474
distributed under ~~Chapter~~Chapters 3306. and 3317. of the Revised	53475
Code shall annually adopt a salary schedule for nonteaching school	53476
employees based upon training, experience, and qualifications with	53477
initial salaries no less than the salaries in effect on October	53478
13, 1967. Each board of education shall prepare and may amend from	53479
time to time, specifications descriptive of duties,	53480
responsibilities, requirements, and desirable qualifications of	53481
the classifications of employees required to perform the duties	53482
specified in the salary schedule. All nonteaching school employees	53483
are to be notified of the position classification to which they	53484
are assigned and the salary for the classification. The	53485
compensation of all employees working for a particular school	53486
board shall be uniform for like positions except as compensation	53487
would be affected by salary increments based upon length of	53488
service.	53489

On the fifteenth day of October each year the salary schedule	53490
and the list of job classifications and salaries in effect on that	53491
date shall be filed by each board of education with the	53492
superintendent of public instruction. If such salary schedule and	53493
classification plan is not filed the superintendent of public	53494
instruction shall order the board to file such schedules	53495
forthwith. If this condition is not corrected within ten days	53496
after receipt of the order from the superintendent of public	53497
instruction, no money shall be distributed to the district under	53498
~~Chapter~~Chapters 3306. and 3317. of the Revised Code until the	53499
superintendent has satisfactory evidence of the board of	53500
education's full compliance with such order.	53501

Sec. 3317.16. (A) As used in this section:

53502

(1) ~~"State share percentage" means the percentage calculated~~	53503
~~for a joint vocational school district as follows:~~	53504

~~(a) Calculate the state base cost funding amount for the~~	53505
~~district under division (B) of this section. If the district would~~	53506
~~not receive any base cost funding for that year under that~~	53507
~~division, the district's state share percentage is zero.~~	53508

~~(b) If the district would receive base cost funding under~~	53509
~~that division, divide that base cost amount by an amount equal to~~	53510
~~the following:~~	53511

~~the formula amount X~~	53512

~~formula ADM~~	53513

~~The resultant number is the district's state share~~	53514
~~percentage.~~	53515

~~(2)~~ The "total special education weight" for a joint	53516
vocational school district shall be calculated in the same manner	53517
as prescribed in ~~division (B)(1) of~~ section 3317.022 of the	53518
Revised Code.	53519

~~(3)~~(2) The "total vocational education weight" for a joint	53520
vocational school district shall be calculated in the same manner	53521
as prescribed in ~~division (B)(4) of~~ section 3317.022 of the	53522
Revised Code.	53523

~~(4)~~(3) The "total recognized valuation" of a joint vocational	53524
school district shall be determined by adding the recognized	53525
valuations of all its constituent school districts that were	53526
subject to the joint vocational school district's tax levies for	53527
both the current and preceding tax years.	53528

~~(5)~~(4) "Resident district" means the city, local, or exempted	53529
village school district in which a student is entitled to attend	53530
school under section 3313.64 or 3313.65 of the Revised Code.	53531

~~(6)~~(5) "Community school" means a community school	53532
established under Chapter 3314. of the Revised Code.	53533

(B) The department of education shall compute and distribute	53534
state base cost funding to each joint vocational school district	53535
for the fiscal year in accordance with the following formula:	53536

(formula amount X formula ADM) -	53537

(.0005 X total recognized valuation)	53538

If the difference obtained under this division is a negative	53539
number, the district's computation shall be zero.	53540

(C)(1) The department shall compute and distribute state	53541
vocational education additional weighted costs funds to each joint	53542
vocational school district in accordance with the following	53543
formula:	53544

state share percentage X formula amount X	53545

total vocational education weight	53546

In each fiscal year, a joint vocational school district	53547
receiving funds under division (C)(1) of this section shall spend	53548
those funds only for the purposes the department designates as	53549
approved for vocational education expenses. Vocational educational	53550
expenses approved by the department shall include only expenses	53551
connected to the delivery of career-technical programming to	53552
career-technical students. The department shall require the joint	53553
vocational school district to report data annually so that the	53554
department may monitor the district's compliance with the	53555
requirements regarding the manner in which funding received under	53556
division (C)(1) of this section may be spent.	53557

(2) The department shall compute for each joint vocational	53558
school district state funds for vocational education associated	53559
services costs in accordance with the following formula:	53560

state share percentage X .05 X	53561

the formula amount X the sum of	53562

categories one and two vocational	53563

education ADM	53564

In any fiscal year, a joint vocational school district	53565
receiving funds under division (C)(2) of this section, or through	53566
a transfer of funds pursuant to division (L) of section 3317.023	53567
of the Revised Code, shall spend those funds only for the purposes	53568
that the department designates as approved for vocational	53569
education associated services expenses, which may include such	53570
purposes as apprenticeship coordinators, coordinators for other	53571
vocational education services, vocational evaluation, and other	53572
purposes designated by the department. The department may deny	53573
payment under division (C)(2) of this section to any district that	53574
the department determines is not operating those services or is	53575
using funds paid under division (C)(2) of this section, or through	53576
a transfer of funds pursuant to division (L) of section 3317.023	53577
of the Revised Code, for other purposes.	53578

(D)(1) The department shall compute and distribute state	53579
special education and related services additional weighted costs	53580
funds to each joint vocational school district in accordance with	53581
the following formula:	53582

state share percentage X formula amount X	53583

total special education weight	53584

(2)(a) As used in this division, the "personnel allowance"	53585
means thirty thousand dollars in fiscal years 2008 and 2009.	53586

(b) For the provision of speech language pathology services	53587
to students, including students who do not have individualized	53588
education programs prepared for them under Chapter 3323. of the	53589
Revised Code, and for no other purpose, the department shall pay	53590
each joint vocational school district an amount calculated under	53591
the following formula:	53592

(formula ADM divided by 2000) X the personnel	53593

allowance X state share percentage	53594

(3) In any fiscal year, a joint vocational school district	53595
shall spend for purposes that the department designates as	53596
approved for special education and related services expenses at	53597
least the amount calculated as follows:	53598

(formula amount X	53599

the sum of categories one through	53600

six special education ADM) +	53601

(total special education weight X	53602

formula amount)	53603

The purposes approved by the department for special education	53604
expenses shall include, but shall not be limited to, compliance	53605
with state rules governing the education of children with	53606
disabilities, providing services identified in a student's	53607
individualized education program as defined in section 3323.01 of	53608
the Revised Code, provision of speech language pathology services,	53609
and the portion of the district's overall administrative and	53610
overhead costs that are attributable to the district's special	53611
education student population.	53612

The department shall require joint vocational school	53613
districts to report data annually to allow for monitoring	53614
compliance with division (D)(3) of this section. The department	53615
shall annually report to the governor and the general assembly the	53616
amount of money spent by each joint vocational school district for	53617
special education and related services.	53618

(4) In any fiscal year, a joint vocational school district	53619
shall spend for the provision of speech language pathology	53620
services not less than the sum of the amount calculated under	53621
division (D)(1) of this section for the students in the district's	53622
category one special education ADM and the amount calculated under	53623
division (D)(2) of this section.	53624

(E)(1) If a joint vocational school district's costs for a	53625
fiscal year for a student in its categories two through six	53626
special education ADM exceed the threshold catastrophic cost for	53627
serving the student, as specified in division (C)(3)(b) of section	53628
3317.022 of the Revised Code, the district may submit to the	53629
superintendent of public instruction documentation, as prescribed	53630
by the superintendent, of all of its costs for that student. Upon	53631
submission of documentation for a student of the type and in the	53632
manner prescribed, the department shall pay to the district an	53633
amount equal to the sum of the following:	53634

(a) One-half of the district's costs for the student in	53635
excess of the threshold catastrophic cost;	53636

(b) The product of one-half of the district's costs for the	53637
student in excess of the threshold catastrophic cost multiplied by	53638
the district's state share percentage.	53639

(2) The district shall only report under division (E)(1) of	53640
this section, and the department shall only pay for, the costs of	53641
educational expenses and the related services provided to the	53642
student in accordance with the student's individualized education	53643
program. Any legal fees, court costs, or other costs associated	53644
with any cause of action relating to the student may not be	53645
included in the amount.	53646

(F) Each fiscal year, the department shall pay each joint	53647
vocational school district an amount for adult technical and	53648
vocational education and specialized consultants.	53649

(G)(1) A joint vocational school district's local share of	53650
special education and related services additional weighted costs	53651
equals:	53652

(1 - state share percentage) X	53653

Total special education weight X	53654

the formula amount	53655

(2) For each student with a disability receiving special	53656
education and related services under an individualized education	53657
program, as defined in section 3323.01 of the Revised Code, at a	53658
joint vocational district, the resident district or, if the	53659
student is enrolled in a community school, the community school	53660
shall be responsible for the amount of any costs of providing	53661
those special education and related services to that student that	53662
exceed the sum of the amount calculated for those services	53663
attributable to that student under divisions (B), (D), (E), and	53664
(G)(1) of this section.	53665

Those excess costs shall be calculated by subtracting the sum	53666
of the following from the actual cost to provide special education	53667
and related services to the student:	53668

(a) The formula amount;

53669

(b) The product of the formula amount times the applicable	53670
multiple specified in section ~~3317.013~~3306.11 of the Revised	53671
Code;	53672

(c) Any funds paid under division (E) of this section for the	53673
student;	53674

(d) Any other funds received by the joint vocational school	53675
district under this chapter to provide special education and	53676
related services to the student, not including the amount	53677
calculated under division (G)(2) of this section.	53678

(3) The board of education of the joint vocational school	53679
district may report the excess costs calculated under division	53680
(G)(2) of this section to the department of education.	53681

(4) If the board of education of the joint vocational school	53682
district reports excess costs under division (G)(3) of this	53683
section, the department shall pay the amount of excess cost	53684
calculated under division (G)(2) of this section to the joint	53685
vocational school district and shall deduct that amount as	53686
provided in division (G)(4)(a) or (b) of this section, as	53687
applicable:	53688

(a) If the student is not enrolled in a community school, the	53689
department shall deduct the amount from the account of the	53690
student's resident district pursuant to division (M) of section	53691
3317.023 of the Revised Code.	53692

(b) If the student is enrolled in a community school, the	53693
department shall deduct the amount from the account of the	53694
community school pursuant to section 3314.083 of the Revised	53695
Code.	53696

Sec. 3317.18. (A) As used in this section, the terms	53697
"Chapter 133. securities," "credit enhancement facilities," "debt	53698
charges," "general obligation," "legislation," "public	53699
obligations," and "securities" have the same meanings as in	53700
section 133.01 of the Revised Code.	53701

(B) The board of education of any school district authorizing	53702
the issuance of securities under section 133.10, 133.301, or	53703
3313.372 of the Revised Code or general obligation Chapter 133.	53704
securities may adopt legislation requesting the state department	53705
of education to approve, and enter into an agreement with the	53706
school district and the primary paying agent or fiscal agent for	53707
such securities providing for, the withholding and deposit of	53708
funds, otherwise due the district under ~~Chapter~~Chapters 3306. and	53709
3317. of the Revised Code, for the payment of debt service charges	53710
on such securities.	53711

The board of education shall deliver to the state department	53712
a copy of such resolution and any additional pertinent information	53713
the state department may require.	53714

The department of education and the office of budget and	53715
management shall evaluate each request received from a school	53716
district under this section and the department, with the advice	53717
and consent of the director of budget and management, shall	53718
approve or deny each request based on all of the following:	53719

(1) Whether approval of the request will enhance the	53720
marketability of the securities for which the request is made;	53721

(2) Any other pertinent factors or limitations established in	53722
rules made under division (I) of this section, including:	53723

(a) Current and projected obligations of funds due to the	53724
requesting school district under ~~Chapter~~Chapters 3306. and 3317.	53725
of the Revised Code including obligations of those funds to public	53726
obligations or relevant credit enhancement facilities under this	53727
section, Chapter 133. and section 3313.483 of the Revised Code,	53728
and under any other similar provisions of law;	53729

(b) Whether the department of education or the office of	53730
budget and management has any reason to believe the requesting	53731
school district will be unable to pay when due the debt charges on	53732
the securities for which the request is made.	53733

The department may require a school district to establish	53734
schedules for the payment of all debt charges that take into	53735
account the amount and timing of anticipated distributions of	53736
funds to the district under Chapter 3317. of the Revised Code.	53737

(C) If the department approves the request of a school	53738
district to withhold and deposit funds pursuant to this section,	53739
the department shall enter into a written agreement with the	53740
district and the primary paying agent or fiscal agent for the	53741
securities which shall provide for the withholding of funds	53742
pursuant to this section for the payment of debt charges on those	53743
securities, and may include both of the following:	53744

(1) Provisions for certification by the district to the	53745
department, at a time prior to any date for the payment of	53746
applicable debt charges, whether the district is able to pay those	53747
debt charges when due;	53748

(2) Requirements that the district deposit amounts for the	53749
payment of debt charges on the securities with the primary paying	53750
agent or fiscal agent for the securities prior to the date on	53751
which those debt charge payments are due to the owners or holders	53752
of the securities.	53753

(D) Whenever a district notifies the department of education	53754
that it will be unable to pay debt charges when they are due,	53755
subject to the withholding provisions of this section, or whenever	53756
the applicable paying agent or fiscal agent notifies the	53757
department that it has not timely received from a school district	53758
the full amount needed for the payment when due of those debt	53759
charges to the holders or owners of such securities, the	53760
department shall immediately contact the school district and the	53761
paying agent or fiscal agent to confirm or determine whether the	53762
district is unable to make the required payment by the date on	53763
which it is due.	53764

Upon demand of the treasurer of state while holding a school	53765
district obligation purchased under division (G)(1) of section	53766
135.143 of the Revised Code, the state department of education,	53767
without a request of the school district, shall withhold and	53768
deposit funds pursuant to this section for payment of debt service	53769
charges on that obligation.	53770

If the department confirms or determines that the district	53771
will be unable to make such payment and payment will not be made	53772
pursuant to a credit enhancement facility, the department shall	53773
promptly pay to the applicable primary paying agent or fiscal	53774
agent the lesser of the amount due for debt charges or the amount	53775
due the district for the remainder of the fiscal year under	53776
Chapter 3317. of the Revised Code. If this amount is insufficient	53777
to pay the total amount then due the agent for the payment of debt	53778
charges, the department shall pay to the agent each fiscal year	53779
thereafter, and until the full amount due the agent for unpaid	53780
debt charges is paid in full, the lesser of the remaining amount	53781
due the agent for debt charges or the amount due the district for	53782
the fiscal year under Chapter 3317. of the Revised Code.	53783

(E) The state department may make any payments under this	53784
division by direct deposit of funds by electronic transfer.	53785

Any amount received by a paying agent or fiscal agent under	53786
this section shall be applied only to the payment of debt charges	53787
on the securities of the school district subject to this section	53788
or to the reimbursement to the provider of a credit enhancement	53789
facility that has paid such debt charges.	53790

(F) To the extent a school district whose securities are	53791
subject to this section is unable to pay applicable debt charges	53792
because of the failure to collect property taxes levied for the	53793
payment of those debt charges, the district may transfer to or	53794
deposit into any fund that would have received payments under	53795
~~Chapter~~3306. or 3317. of the Revised Code that were withheld	53796
under this section any such delinquent property taxes when later	53797
collected, provided that transfer or deposit shall be limited to	53798
the amounts withheld from that fund under this section.	53799

(G) The department may make payments under this section to	53800
paying agents or fiscal agents only from and to the extent that	53801
money is appropriated by the general assembly for Chapter 3317. of	53802
the Revised Code or for the purposes of this section. No	53803
securities of a school district to which this section is made	53804
applicable constitute an obligation or a debt or a pledge of the	53805
faith, credit, or taxing power of the state, and the holders or	53806
owners of such securities have no right to have taxes levied or	53807
appropriations made by the general assembly for the payment of	53808
debt charges on those securities, and those securities, if the	53809
department requires, shall contain a statement to that effect. The	53810
agreement for or the actual withholding and payment of moneys	53811
under this section does not constitute the assumption by the state	53812
of any debt of a school district.	53813

(H) In the case of securities subject to the withholding	53814
provisions of this section, the issuing board of education shall	53815
appoint a paying agent or fiscal agent who is not an officer or	53816
employee of the school district.	53817

(I) The department of education, with the advice of the	53818
office of budget and management, may adopt reasonable rules not	53819
inconsistent with this section for the implementation of this	53820
section and division (B) of section 133.25 of the Revised Code as	53821
it relates to the withholding and depositing of payments under	53822
~~Chapter~~Chapters 3306. and 3317. of the Revised Code to secure	53823
payment of debt charges on school district securities. Those rules	53824
shall include criteria for the evaluation and approval or denial	53825
of school district requests for withholding under this section and	53826
limits on the obligation for the purpose of paying debt charges or	53827
reimbursing credit enhancement facilities of funds otherwise to be	53828
paid to school districts under Chapter 3317. of the Revised Code.	53829

(J) The authority granted by this section is in addition to	53830
and not a limitation on any other authorizations granted by or	53831
pursuant to law for the same or similar purposes.	53832

Sec. 3317.20. This section does not apply to preschool	53833
children with disabilities.	53834

(A) As used in this section:

53835

(1) "Applicable weight" means the multiple specified in	53836
section ~~3317.013~~3306.11 of the Revised Code for a disability	53837
described in that section.	53838

(2) "Child's school district" means the school district in	53839
which a child is entitled to attend school pursuant to section	53840
3313.64 or 3313.65 of the Revised Code.	53841

~~(3) "State share percentage" means the state share percentage~~	53842
~~of the child's school district as defined in section 3317.022 of~~	53843
~~the Revised Code.~~	53844

(B) Except as provided in division (C) of this section, the	53845
department shall annually pay each county MR/DD board for each	53846
child with a disability, other than a preschool child with a	53847
disability, for whom the county MR/DD board provides special	53848
education and related services an amount equal to the formula	53849
amount + (state share percentage X formula amount X the	53850
applicable weight).	53851

(C) If any school district places with a county MR/DD board	53852
more children with disabilities than it had placed with a county	53853
MR/DD board in fiscal year 1998, the department shall not make a	53854
payment under division (B) of this section for the number of	53855
children exceeding the number placed in fiscal year 1998. The	53856
department instead shall deduct from the district's payments	53857
under this chapter and Chapter 3306. of the Revised Code, and pay	53858
to the county MR/DD board, an amount calculated in accordance	53859
with the formula prescribed in division (B) of this section for	53860
each child over the number of children placed in fiscal year	53861
1998.	53862

(D) The department shall calculate for each county MR/DD	53863
board receiving payments under divisions (B) and (C) of this	53864
section the following amounts:	53865

(1) The amount received by the county MR/DD board for	53866
approved special education and related services units, other than	53867
units for preschool children with disabilities, in fiscal year	53868
1998, divided by the total number of children served in the units	53869
that year;	53870

(2) The product of the quotient calculated under division	53871
(D)(1) of this section times the number of children for whom	53872
payments are made under divisions (B) and (C) of this section.	53873

If the amount calculated under division (D)(2) of this	53874
section is greater than the total amount calculated under	53875
divisions (B) and (C) of this section, the department shall pay	53876
the county MR/DD board one hundred per cent of the difference in	53877
addition to the payments under divisions (B) and (C) of this	53878
section.	53879

(E) Each county MR/DD board shall report to the department,	53880
in the manner specified by the department, the name of each child	53881
for whom the county MR/DD board provides special education and	53882
related services and the child's school district.	53883

(F)(1) For the purpose of verifying the accuracy of the	53884
payments under this section, the department may request from	53885
either of the following entities the data verification code	53886
assigned under division (D)(2) of section 3301.0714 of the Revised	53887
Code to any child who is placed with a county MR/DD board:	53888

(a) The child's school district;

53889

(b) The independent contractor engaged to create and maintain	53890
data verification codes.	53891

(2) Upon a request by the department under division (F)(1) of	53892
this section for the data verification code of a child, the	53893
child's school district shall submit that code to the department	53894
in the manner specified by the department. If the child has not	53895
been assigned a code, the district shall assign a code to that	53896
child and submit the code to the department by a date specified by	53897
the department. If the district does not assign a code to the	53898
child by the specified date, the department shall assign a code to	53899
the child.	53900

The department annually shall submit to each school district	53901
the name and data verification code of each child residing in the	53902
district for whom the department has assigned a code under this	53903
division.	53904

(3) The department shall not release any data verification	53905
code that it receives under division (F) of this section to any	53906
person except as provided by law.	53907

(G) Any document relative to special education and related	53908
services provided by a county MR/DD board that the department	53909
holds in its files that contains both a student's name or other	53910
personally identifiable information and the student's data	53911
verification code shall not be a public record under section	53912
149.43 of the Revised Code.	53913

Sec. 3317.201. This section does not apply to preschool	53914
children with disabilities.	53915

(A) As used in this section, the "total special education	53916
weight" for an institution means the sum of the following amounts:	53917

(1) The number of children reported by the institution under	53918
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	53919
receiving services for a disability described in division	53920
~~(A)~~(D)(1) of section ~~3317.013~~3306.02 of the Revised Code	53921
multiplied by the multiple specified in that division;	53922

(2) The number of children reported by the institution under	53923
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	53924
receiving services for a disability described in division	53925
~~(B)~~(D)(2) of section ~~3317.013~~3306.02 of the Revised Code	53926
multiplied by the multiple specified in that division;	53927

(3) The number of children reported by the institution under	53928
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	53929
receiving services for a disability described in division	53930
~~(C)~~(D)(3) of section ~~3317.013~~3306.02 of the Revised Code	53931
multiplied by the multiple specified in that division;	53932

(4) The number of children reported by the institution under	53933
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	53934
receiving services for a disability described in division (D)(4)	53935
of section ~~3317.013~~3306.02 of the Revised Code multiplied by	53936
the multiple specified in that division;	53937

(5) The number of children reported by the institution under	53938
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	53939
receiving services for a disability described in division	53940
~~(E)~~(D)(5) of section ~~3317.013~~3306.02 of the Revised Code	53941
multiplied by the multiple specified in that division;	53942

(6) The number of children reported by the institution under	53943
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	53944
receiving services for a disability described in division	53945
~~(F)~~(D)(6) of section ~~3317.013~~3306.02 of the Revised Code	53946
multiplied by the multiple specified in that division.	53947

(B) For each fiscal year, the department of education shall	53948
pay each state institution required to provide special education	53949
services under division (A) of section 3323.091 of the Revised	53950
Code an amount equal to the greater of:	53951

(1) The formula amount times the institution's total special	53952
education weight;	53953

(2) The aggregate amount of special education and related	53954
services unit funding the institution received for all children	53955
with disabilities other than preschool children with disabilities	53956
in fiscal year 2005 under sections 3317.052 and 3317.053 of the	53957
Revised Code, as those sections existed prior to June 30, 2005.	53958

Sec. 3318.011. For purposes of providing assistance under	53959
sections 3318.01 to 3318.20 of the Revised Code, the department of	53960
education shall annually do all of the following:	53961

(A) Calculate the adjusted valuation per pupil of each city,	53962
local, and exempted village school district according to the	53963
following formula:	53964

The district's valuation per pupil -	53965

[$30,000 X (1 - the district's income factor)].	53966

For purposes of this calculation:

53967

(1)(a) Except ~~for a district with an open enrollment net~~	53968
~~gain that is ten per cent or more of its formula ADM~~as provided	53969
in division (A)(1)(b) of this section, "valuation per pupil" for	53970
a district means its average taxable value, divided by its	53971
formula ADM for the previous fiscal year. ~~"Valuation per pupil,"~~	53972

(b) For calculations in which the formula ADM reported for	53973
fiscal year 2009 or earlier is a factor, for a district with an	53974
open enrollment net gain that is ten per cent or more of its	53975
formula ADM, "valuation per pupil" means its average taxable	53976
value, divided by the sum of its formula ADM for the previous	53977
fiscal year plus its open enrollment net gain for the previous	53978
fiscal year.	53979

Consideration of net open enrollment gain is not added to the	53980
calculation of valuation per pupil for calculations in which the	53981
formula ADM is reported for a fiscal year after fiscal year 2009,	53982
to account for the fact that beginning with the report of formula	53983
ADM in October 2009 open enrollment students are counted in the	53984
formula ADM of the school districts in which they are enrolled.	53985

(2) "Average taxable value" means the average of the amounts	53986
certified for a district in the second, third, and fourth	53987
preceding fiscal years under divisions (A)(1) and (2) of section	53988
3317.021 of the Revised Code.	53989

(3) "Entitled to attend school" means entitled to attend	53990
school in a city, local, or exempted village school district	53991
under section 3313.64 or 3313.65 of the Revised Code.	53992

(4) "Formula ADM" and "income factor" have the same meanings	53993
as in section 3317.02 of the Revised Code.	53994

(5) "Native student" has the same meaning as in section	53995
3313.98 of the Revised Code.	53996

(6) "Open enrollment net gain" for a district means (a) the	53997
number of the students entitled to attend school in another	53998
district but who are enrolled in the schools of the district under	53999
its open enrollment policy minus (b) the number of the district's	54000
native students who are enrolled in the schools of another	54001
district under the other district's open enrollment policy, both	54002
numbers as certified to the department under section 3313.981 of	54003
the Revised Code. If the difference is a negative number, the	54004
district's "open enrollment net gain" is zero.	54005

(7) "Open enrollment policy" means an interdistrict open	54006
enrollment policy adopted under section 3313.98 of the Revised	54007
Code.	54008

(B) Calculate for each district the three-year average of the	54009
adjusted valuations per pupil calculated for the district for the	54010
current and two preceding fiscal years;	54011

(C) Rank all such districts in order of adjusted valuation	54012
per pupil from the district with the lowest three-year average	54013
adjusted valuation per pupil to the district with the highest	54014
three-year average adjusted valuation per pupil;	54015

(D) Divide such ranking into percentiles with the first	54016
percentile containing the one per cent of school districts having	54017
the lowest three-year average adjusted valuations per pupil and	54018
the one-hundredth percentile containing the one per cent of school	54019
districts having the highest three-year average adjusted	54020
valuations per pupil;	54021

(E) Determine the school districts that have three-year	54022
average adjusted valuations per pupil that are greater than the	54023
median three-year average adjusted valuation per pupil for all	54024
school districts in the state;	54025

(F) On or before the first day of September, certify the	54026
information described in divisions (A) to (E) of this section to	54027
the Ohio school facilities commission.	54028

Sec. 3318.051. (A) Any city, exempted village, or local	54029
school district that commences a project under sections 3318.01 to	54030
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or	54031
after ~~the effective date of this section~~September 5, 2006, need	54032
not levy the tax otherwise required under division (B) of section	54033
3318.05 of the Revised Code, if the district board of education	54034
adopts a resolution petitioning the Ohio school facilities	54035
commission to approve the transfer of money in accordance with	54036
this section and the commission approves that transfer. If so	54037
approved, the commission and the district board shall enter into	54038
an agreement under which the board, in each of twenty-three	54039
consecutive years beginning in the year in which the board and the	54040
commission enter into the project agreement under section 3318.08	54041
of the Revised Code, shall transfer into the maintenance fund	54042
required by division (D) of section 3318.05 of the Revised Code	54043
not less than an amount equal to one-half mill for each dollar of	54044
the district's valuation unless and until the agreement to make	54045
those transfers is rescinded by the district board pursuant to	54046
division (F) of this section.	54047

(B) On the first day of July each year, or on an alternative	54048
date prescribed by the commission, the district treasurer shall	54049
certify to the commission and the auditor of state that the amount	54050
required for the year has been transferred. The auditor of state	54051
shall include verification of the transfer as part of any audit of	54052
the district under section 117.11 of the Revised Code. If the	54053
auditor of state finds that less than the required amount has been	54054
deposited into a district's maintenance fund, the auditor of state	54055
shall notify the district board of education in writing of that	54056
fact and require the board to deposit into the fund, within ninety	54057
days after the date of the notice, the amount by which the fund is	54058
deficient for the year. If the district board fails to demonstrate	54059
to the auditor of state's satisfaction that the board has made the	54060
deposit required in the notice, the auditor of state shall notify	54061
the department of education. At that time, the department shall	54062
withhold an amount equal to ten per cent of the district's funds	54063
calculated for the current fiscal year under ~~Chapter~~Chapters	54064
3306. and 3317. of the Revised Code until the auditor of state	54065
notifies the department that the auditor of state is satisfied	54066
that the board has made the required transfer.	54067

(C) Money transferred to the maintenance fund shall be used	54068
for the maintenance of the facilities acquired under the	54069
district's project.	54070

(D) The transfers to the maintenance fund under this section	54071
does not affect a district's obligation to establish and maintain	54072
a capital and maintenance fund under section 3315.18 of the	54073
Revised Code.	54074

(E) Any decision by the commission to approve or not approve	54075
the transfer of money under this section is final and not subject	54076
to appeal. The commission shall not be responsible for errors or	54077
miscalculations made in deciding whether to approve a petition to	54078
make transfers under this section.	54079

(F) If the district board determines that it no longer can	54080
continue making the transfers agreed to under this section, the	54081
board may rescind the agreement only so long as the electors of	54082
the district have approved, in accordance with section 3318.063 of	54083
the Revised Code, the levy of a tax for the maintenance of the	54084
classroom facilities acquired under the district's project and	54085
that levy continues to be collected as approved by the electors.	54086
That levy shall be for a number of years that is equal to the	54087
difference between twenty-three years and the number of years that	54088
the district made transfers under this section and shall be at the	54089
rate of not less than one-half mill for each dollar of the	54090
district's valuation. The district board shall continue to make	54091
the transfers agreed to under this section until that levy has	54092
been approved by the electors.	54093

Sec. 3318.061. This section applies only to school districts	54094
eligible to receive additional assistance under division (B)(2) of	54095
section 3318.04 of the Revised Code ~~and to big eight districts~~	54096
~~segmenting projects under section 3318.38 of the Revised Code~~.	54097

The board of education of a school district in which a tax	54098
described by division (B) of section 3318.05 and levied under	54099
section 3318.06 of the Revised Code is in effect, may adopt a	54100
resolution by vote of a majority of its members to extend the term	54101
of that tax beyond the expiration of that tax as originally	54102
approved under that section. The school district board may include	54103
in the resolution a proposal to extend the term of that tax at the	54104
rate of not less than one-half mill for each dollar of valuation	54105
for a period of twenty-three years from the year in which the	54106
school district board and the Ohio school facilities commission	54107
enter into an agreement under division (B)(2) of section 3318.04	54108
of the Revised Code or in the following year, as specified in the	54109
resolution ~~or, as applicable in the case of a district segmenting~~	54110
~~a project under section 3318.38 of the Revised Code, from the year~~	54111
~~in which the last segment is undertaken~~. Such a resolution may be	54112
adopted at any time before such an agreement is entered into and	54113
before the tax levied pursuant to section 3318.06 of the Revised	54114
Code expires. If the resolution is combined with a resolution to	54115
issue bonds to pay the school district's portion of the basic	54116
project cost, it shall conform with the requirements of divisions	54117
(A)(1), (2), and (3) of section 3318.06 of the Revised Code,	54118
except that the resolution also shall state that the tax levy	54119
proposed in the resolution is an extension of an existing tax	54120
levied under that section. A resolution proposing an extension	54121
adopted under this section does not take effect until it is	54122
approved by a majority of electors voting in favor of the	54123
resolution at a general, primary, or special election as provided	54124
in this section.	54125

A tax levy extended under this section is subject to the same	54126
terms and limitations to which the original tax levied under	54127
section 3318.06 of the Revised Code is subject under that section,	54128
except the term of the extension shall be as specified in this	54129
section.	54130

The school district board shall certify a copy of the	54131
resolution adopted under this section to the proper county board	54132
of elections not later than seventy-five days before the date set	54133
in the resolution as the date of the election at which the	54134
question will be submitted to electors. The notice of the election	54135
shall conform with the requirements of division (A)(3) of section	54136
3318.06 of the Revised Code, except that the notice also shall	54137
state that the maintenance tax levy is an extension of an existing	54138
tax levy.	54139

The form of the ballot shall be as follows:

54140

"Shall the existing tax levied to pay the cost of maintaining	54141
classroom facilities constructed with the proceeds of the	54142
previously issued bonds at the rate of .......... (here insert the	54143
number of mills, which shall not be less than one-half mill) mills	54144
per dollar of tax valuation, be extended until ........ (here	54145
insert the year that is twenty-three years after the year in which	54146
the district and commission will enter into an agreement under	54147
division (B)(2) of section 3318.04 of the Revised Code or the	54148
following year)?	54149

54150

		FOR EXTENDING THE EXISTING TAX LEVY			54151
		AGAINST EXTENDING THE EXISTING TAX LEVY	"		54152

54153

Section 3318.07 of the Revised Code applies to ballot	54154
questions under this section.	54155

Sec. 3318.08. Except in the case of a joint vocational	54156
school district that receives assistance under sections 3318.40 to	54157
3318.45 of the Revised Code, if the requisite favorable vote on	54158
the election is obtained, or if the school district board has	54159
resolved to apply the proceeds of a property tax levy or the	54160
proceeds of an income tax, or a combination of proceeds from such	54161
taxes, as authorized in section 3318.052 of the Revised Code, the	54162
Ohio school facilities commission, upon certification to it of	54163
either the results of the election or the resolution under section	54164
3318.052 of the Revised Code, shall enter into a written agreement	54165
with the school district board for the construction and sale of	54166
the project. In the case of a joint vocational school district	54167
that receives assistance under sections 3318.40 to 3318.45 of the	54168
Revised Code, if the school district board of education and the	54169
school district electors have satisfied the conditions prescribed	54170
in division (D)(1) of section 3318.41 of the Revised Code, the	54171
commission shall enter into an agreement with the school district	54172
board for the construction and sale of the project. In either	54173
case, the agreement shall include, but need not be limited to, the	54174
following provisions:	54175

(A) The sale and issuance of bonds or notes in anticipation	54176
thereof, as soon as practicable after the execution of the	54177
agreement, in an amount equal to the school district's portion of	54178
the basic project cost, including any securities authorized under	54179
division (J) of section 133.06 of the Revised Code and dedicated	54180
by the school district board to payment of the district's portion	54181
of the basic project cost of the project; provided, that if at	54182
that time the county treasurer of each county in which the school	54183
district is located has not commenced the collection of taxes on	54184
the general duplicate of real and public utility property for the	54185
year in which the controlling board approved the project, the	54186
school district board shall authorize the issuance of a first	54187
installment of bond anticipation notes in an amount specified by	54188
the agreement, which amount shall not exceed an amount necessary	54189
to raise the net bonded indebtedness of the school district as of	54190
the date of the controlling board's approval to within five	54191
thousand dollars of the required level of indebtedness for the	54192
preceding year. In the event that a first installment of bond	54193
anticipation notes is issued, the school district board shall, as	54194
soon as practicable after the county treasurer of each county in	54195
which the school district is located has commenced the collection	54196
of taxes on the general duplicate of real and public utility	54197
property for the year in which the controlling board approved the	54198
project, authorize the issuance of a second and final installment	54199
of bond anticipation notes or a first and final issue of bonds.	54200

The combined value of the first and second installment of	54201
bond anticipation notes or the value of the first and final issue	54202
of bonds shall be equal to the school district's portion of the	54203
basic project cost. The proceeds of any such bonds shall be used	54204
first to retire any bond anticipation notes. Otherwise, the	54205
proceeds of such bonds and of any bond anticipation notes, except	54206
the premium and accrued interest thereon, shall be deposited in	54207
the school district's project construction fund. In determining	54208
the amount of net bonded indebtedness for the purpose of fixing	54209
the amount of an issue of either bonds or bond anticipation notes,	54210
gross indebtedness shall be reduced by moneys in the bond	54211
retirement fund only to the extent of the moneys therein on the	54212
first day of the year preceding the year in which the controlling	54213
board approved the project. Should there be a decrease in the tax	54214
valuation of the school district so that the amount of	54215
indebtedness that can be incurred on the tax duplicates for the	54216
year in which the controlling board approved the project is less	54217
than the amount of the first installment of bond anticipation	54218
notes, there shall be paid from the school district's project	54219
construction fund to the school district's bond retirement fund to	54220
be applied against such notes an amount sufficient to cause the	54221
net bonded indebtedness of the school district, as of the first	54222
day of the year following the year in which the controlling board	54223
approved the project, to be within five thousand dollars of the	54224
required level of indebtedness for the year in which the	54225
controlling board approved the project. The maximum amount of	54226
indebtedness to be incurred by any school district board as its	54227
share of the cost of the project is either an amount that will	54228
cause its net bonded indebtedness, as of the first day of the year	54229
following the year in which the controlling board approved the	54230
project, to be within five thousand dollars of the required level	54231
of indebtedness, or an amount equal to the required percentage of	54232
the basic project costs, whichever is greater. All bonds and bond	54233
anticipation notes shall be issued in accordance with Chapter 133.	54234
of the Revised Code, and notes may be renewed as provided in	54235
section 133.22 of the Revised Code.	54236

(B) The transfer of such funds of the school district board	54237
available for the project, together with the proceeds of the sale	54238
of the bonds or notes, except premium, accrued interest, and	54239
interest included in the amount of the issue, to the school	54240
district's project construction fund;	54241

(C) For all school districts except joint vocational school	54242
districts that receive assistance under sections 3318.40 to	54243
3318.45 of the Revised Code, the following provisions as	54244
applicable:	54245

(1) If section 3318.052 of the Revised Code applies, the	54246
earmarking of the proceeds of a tax levied under section 5705.21	54247
of the Revised Code for general permanent improvements or under	54248
section 5705.218 of the Revised Code for the purpose of permanent	54249
improvements, or the proceeds of a school district income tax	54250
levied under Chapter 5748. of the Revised Code, or the proceeds	54251
from a combination of those two taxes, in an amount to pay all or	54252
part of the service charges on bonds issued to pay the school	54253
district portion of the project and an amount equivalent to all or	54254
part of the tax required under division (B) of section 3318.05 of	54255
the Revised Code;	54256

(2) If section 3318.052 of the Revised Code does not apply,	54257
one of the following:	54258

(a) The levy of the tax authorized at the election for the	54259
payment of maintenance costs, as specified in division (B) of	54260
section 3318.05 of the Revised Code;	54261

(b) If the school district electors have approved a	54262
continuing tax for general permanent improvements under section	54263
5705.21 of the Revised Code and that tax can be used for	54264
maintenance, the earmarking of an amount of the proceeds from such	54265
tax for maintenance of classroom facilities as specified in	54266
division (B) of section 3318.05 of the Revised Code;	54267

(c) If, in lieu of the tax otherwise required under division	54268
(B) of section 3318.05 of the Revised Code, the commission has	54269
approved the transfer of money to the maintenance fund in	54270
accordance with section 3318.051 of the Revised Code, a	54271
requirement that the district board comply with the provisions	54272
prescribed under that section. The district board may rescind the	54273
provision prescribed under division (C)(2)(c) of this section	54274
only so long as the electors of the district have approved, in	54275
accordance with section 3318.063 of the Revised Code, the levy of	54276
a tax for the maintenance of the classroom facilities acquired	54277
under the district's project and that levy continues to be	54278
collected as approved by the electors.	54279

(D) For joint vocational school districts that receive	54280
assistance under sections 3318.40 to 3318.45 of the Revised Code,	54281
provision for deposit of school district moneys dedicated to	54282
maintenance of the classroom facilities acquired under those	54283
sections as prescribed in section 3318.43 of the Revised Code;	54284

(E) Dedication of any local donated contribution as provided	54285
for under section 3318.084 of the Revised Code, including a	54286
schedule for depositing such moneys applied as an offset of the	54287
district's obligation to levy the tax described in division (B) of	54288
section 3318.05 of the Revised Code as required under division	54289
(D)(2) of section 3318.084 of the Revised Code;	54290

(F) Ownership of or interest in the project during the period	54291
of construction, which shall be divided between the commission and	54292
the school district board in proportion to their respective	54293
contributions to the school district's project construction fund;	54294

(G) Maintenance of the state's interest in the project until	54295
any obligations issued for the project under section 3318.26 of	54296
the Revised Code are no longer outstanding;	54297

(H) The insurance of the project by the school district from	54298
the time there is an insurable interest therein and so long as the	54299
state retains any ownership or interest in the project pursuant to	54300
division (F) of this section, in such amounts and against such	54301
risks as the commission shall require; provided, that the cost of	54302
any required insurance until the project is completed shall be a	54303
part of the basic project cost;	54304

(I) The certification by the director of budget and	54305
management that funds are available and have been set aside to	54306
meet the state's share of the basic project cost as approved by	54307
the controlling board pursuant to either section 3318.04 or	54308
division (B)(1) of section 3318.41 of the Revised Code;	54309

(J) Authorization of the school district board to advertise	54310
for and receive construction bids for the project, for and on	54311
behalf of the commission, and to award contracts in the name of	54312
the state subject to approval by the commission;	54313

(K) Provisions for the disbursement of moneys from the school	54314
district's project account upon issuance by the commission or the	54315
commission's designated representative of vouchers for work done	54316
to be certified to the commission by the treasurer of the school	54317
district board;	54318

(L) Disposal of any balance left in the school district's	54319
project construction fund upon completion of the project;	54320

(M) Limitations upon use of the project or any part of it so	54321
long as any obligations issued to finance the project under	54322
section 3318.26 of the Revised Code are outstanding;	54323

(N) Provision for vesting the state's interest in the project	54324
to the school district board when the obligations issued to	54325
finance the project under section 3318.26 of the Revised Code are	54326
outstanding;	54327

(O) Provision for deposit of an executed copy of the	54328
agreement in the office of the commission;	54329

(P) Provision for termination of the contract and release of	54330
the funds encumbered at the time of the conditional approval, if	54331
the proceeds of the sale of the bonds of the school district board	54332
are not paid into the school district's project construction fund	54333
and if bids for the construction of the project have not been	54334
taken within such period after the execution of the agreement as	54335
may be fixed by the commission;	54336

(Q) Provision for the school district to maintain the project	54337
in accordance with a plan approved by the commission;	54338

(R)(1) For all school districts except a district undertaking	54339
a project under section 3318.38 of the Revised Code or a joint	54340
vocational school district undertaking a project under sections	54341
3318.40 to 3318.45 of the Revised Code, provision that all state	54342
funds reserved and encumbered to pay the state share of the cost	54343
of the project pursuant to section 3318.03 of the Revised Code be	54344
spent on the construction or acquisition of the project prior to	54345
the expenditure of any funds provided by the school district to	54346
pay for its share of the project cost, unless the school district	54347
certifies to the commission that expenditure by the school	54348
district is necessary to maintain the tax-exempt status of notes	54349
or bonds issued by the school district to pay for its share of the	54350
project cost or to comply with applicable temporary investment	54351
periods or spending exceptions to rebate as provided for under	54352
federal law in regard to those notes or bonds, in which cases, the	54353
school district may commit to spend, or spend, a portion of the	54354
funds it provides;	54355

(2) For a school district undertaking a project under section	54356
3318.38 of the Revised Code or a joint vocational school district	54357
undertaking a project under sections 3318.40 to 3318.45 of the	54358
Revised Code, provision that the state funds reserved and	54359
encumbered and the funds provided by the school district to pay	54360
the basic project cost of any segment of the project, or of the	54361
entire project if it is not divided into segments, be spent on the	54362
construction and acquisition of the project simultaneously in	54363
proportion to the state's and the school district's respective	54364
shares of that basic project cost as determined under section	54365
3318.032 of the Revised Code or, if the district is a joint	54366
vocational school district, under section 3318.42 of the Revised	54367
Code.	54368

(S) A provision stipulating that the commission may prohibit	54369
the district from proceeding with any project if the commission	54370
determines that the site is not suitable for construction	54371
purposes. The commission may perform soil tests in its	54372
determination of whether a site is appropriate for construction	54373
purposes.	54374

(T) A provision stipulating that, unless otherwise authorized	54375
by the commission, any contingency reserve portion of the	54376
construction budget prescribed by the commission shall be used	54377
only to pay costs resulting from unforeseen job conditions, to	54378
comply with rulings regarding building and other codes, to pay	54379
costs related to design clarifications or corrections to contract	54380
documents, and to pay the costs of settlements or judgments	54381
related to the project as provided under section 3318.086 of the	54382
Revised Code;	54383

~~(U) Provision stipulating that for continued release of~~	54384
~~project funds the school district board shall comply with section~~	54385
~~3313.41 of the Revised Code throughout the project and shall~~	54386
~~notify the department of education and the Ohio community school~~	54387
~~association when the board plans to dispose of facilities by sale~~	54388
~~under that section;~~	54389

~~(V) Provision that the commission shall not approve a~~	54390
~~contract for demolition of a facility until the school district~~	54391
~~board has complied with section 3313.41 of the Revised Code~~	54392
~~relative to that facility, unless demolition of that facility is~~	54393
~~to clear a site for construction of a replacement facility~~	54394
~~included in the district's project~~.	54395

Sec. 3318.312. After the superintendent of public	54396
instruction adopts rules under section 3306.25 of the Revised	54397
Code establishing expenditure and reporting standards for	54398
operating funds paid under Chapter 3306. of the Revised Code, the	54399
Ohio school facilities commission shall conduct a study of	54400
demands upon and other issues related to existing classroom	54401
facilities that may arise due to new operating requirements. The	54402
commission shall report its findings to the governor and general	54403
assembly, in accordance with section 101.68 of the Revised Code.	54404

Sec. 3318.36. (A)(1) As used in this section:

54405

(a) "Ohio school facilities commission," "classroom	54406
facilities," "school district," "school district board," "net	54407
bonded indebtedness," "required percentage of the basic project	54408
costs," "basic project cost," "valuation," and "percentile" have	54409
the same meanings as in section 3318.01 of the Revised Code.	54410

(b) "Required level of indebtedness" means five per cent of	54411
the school district's valuation for the year preceding the year in	54412
which the commission and school district enter into an agreement	54413
under division (B) of this section, plus [two one-hundredths of	54414
one per cent multiplied by (the percentile in which the district	54415
ranks minus one)].	54416

(c) "Local resources" means any moneys generated in any	54417
manner permitted for a school district board to raise the school	54418
district portion of a project undertaken with assistance under	54419
sections 3318.01 to 3318.20 of the Revised Code.	54420

(2) For purposes of determining ~~either~~ the required level of	54421
indebtedness, ~~as defined in division (A)(1)(b) of this section,~~ or	54422
the required percentage of the basic project costs, under division	54423
(C)(1) of this section, and priority for assistance under sections	54424
3318.01 to 3318.20 of the Revised Code, the percentile ranking of	54425
a school district with which the commission has entered into an	54426
agreement under this section between the first day of July and the	54427
thirty-first day of August in each fiscal year is the percentile	54428
ranking calculated for that district for the immediately preceding	54429
fiscal year, and the percentile ranking of a school district with	54430
which the commission has entered into such agreement between the	54431
first day of September and the thirtieth day of June in each	54432
fiscal year is the percentile ranking calculated for that district	54433
for the current fiscal year.	54434

(B)(1) There is hereby established the school building	54435
assistance expedited local partnership program. Under the program,	54436
the Ohio school facilities commission may enter into an agreement	54437
with the school district board of any school district under which	54438
the school district board may proceed with the new construction or	54439
major repairs of a part of the school district's classroom	54440
facilities needs, as determined under sections 3318.01 to 3318.20	54441
of the Revised Code, through the expenditure of local resources	54442
prior to the school district's eligibility for state assistance	54443
under those sections ~~3318.01 to 3318.20 of the Revised Code~~ and	54444
may apply that expenditure toward meeting the school district's	54445
portion of the basic project cost of the total of the school	54446
district's classroom facilities needs, as determined under	54447
sections 3318.01 to 3318.20 of the Revised Code and as	54448
recalculated under division (E) of this section, that are eligible	54449
for state assistance under sections 3318.01 to 3318.20 of the	54450
Revised Code when the school district becomes eligible for ~~such~~	54451
~~state~~that assistance. Any school district that is reasonably	54452
expected to receive assistance under sections 3318.01 to 3318.20	54453
of the Revised Code within two fiscal years from the date the	54454
school district adopts its resolution under division (B) of this	54455
section shall not be eligible to participate in the program	54456
established under this section.	54457

(2) To participate in the program, a school district board	54458
shall first adopt a resolution certifying to the commission the	54459
board's intent to participate in the program.	54460

The resolution shall specify the approximate date that the	54461
board intends to seek elector approval of any bond or tax measures	54462
or to apply other local resources to use to pay the cost of	54463
classroom facilities to be constructed under this section. The	54464
resolution may specify the application of local resources or	54465
elector-approved bond or tax measures after the resolution is	54466
adopted by the board, and in such case the board may proceed with	54467
a discrete portion of its project under this section as soon as	54468
the commission and the controlling board have approved the basic	54469
project cost of the district's classroom facilities needs as	54470
specified in division (D) of this section. The board shall submit	54471
its resolution to the commission not later than ten days after the	54472
date the resolution is adopted by the board.	54473

The commission shall not consider any resolution that is	54474
submitted pursuant to division (B)(2) of this section, as amended	54475
by this amendment, sooner than September 14, 2000.	54476

(3) For purposes of determining when a district that enters	54477
into an agreement under this section becomes eligible for	54478
assistance under sections 3318.01 to 3318.20 of the Revised Code,	54479
the commission shall use the district's percentile ranking	54480
determined at the time the district entered into the agreement	54481
under this section, as prescribed by division (A)(2) of this	54482
section.	54483

(4) Any project under this section shall comply with section	54484
3318.03 of the Revised Code and with any specifications for plans	54485
and materials for classroom facilities adopted by the commission	54486
under section 3318.04 of the Revised Code.	54487

~~(4)~~(5) If a school district that enters into an agreement	54488
under this section has not begun a project applying local	54489
resources as provided for under that agreement at the time the	54490
district is notified by the commission that it is eligible to	54491
receive state assistance under sections 3318.01 to 3318.20 of the	54492
Revised Code, all assessment and agreement documents entered into	54493
under this section are void.	54494

~~(5)~~(6) Only construction of or repairs to classroom	54495
facilities that have been approved by the commission and have been	54496
therefore included as part of a district's basic project cost	54497
qualify for application of local resources under this section.	54498

(C) Based on the results of ~~the~~ on-site visits and assessment	54499
~~conducted under division (B)(2) of this section~~, the commission	54500
shall determine the basic project cost of the school district's	54501
classroom facilities needs. The commission shall determine the	54502
school district's portion of such basic project cost, which shall	54503
be the greater of:	54504

(1) The required percentage of the basic project costs,	54505
determined based on the school district's percentile ranking;	54506

(2) An amount necessary to raise the school district's net	54507
bonded indebtedness, as of the fiscal year the commission and the	54508
school district enter into the agreement under division (B) of	54509
this section, to within five thousand dollars of the required	54510
level of indebtedness.	54511

(D)(1) When the commission determines the basic project cost	54512
of the classroom facilities needs of a school district and the	54513
school district's portion of that basic project cost under	54514
division (C) of this section, the project shall be conditionally	54515
approved. Such conditional approval shall be submitted to the	54516
controlling board for approval thereof. The controlling board	54517
shall forthwith approve or reject the commission's determination,	54518
conditional approval, and the amount of the state's portion of the	54519
basic project cost; however, no state funds shall be encumbered	54520
under this section. Upon approval by the controlling board, the	54521
school district board may identify a discrete part of its	54522
classroom facilities needs, which shall include only new	54523
construction of or additions or major repairs to a particular	54524
building, to address with local resources. Upon identifying a part	54525
of the school district's basic project cost to address with local	54526
resources, the school district board may allocate any available	54527
school district moneys to pay the cost of that identified part,	54528
including the proceeds of an issuance of bonds if approved by the	54529
electors of the school district.	54530

All local resources utilized under this division shall first	54531
be deposited in the project construction account required under	54532
section 3318.08 of the Revised Code.	54533

(2) Unless the school district board exercises its option	54534
under division (D)(3) of this section, for a school district to	54535
qualify for participation in the program authorized under this	54536
section, one of the following conditions shall be satisfied:	54537

(a) The electors of the school district by a majority vote	54538
shall approve the levy of taxes outside the ten-mill limitation	54539
for a period of twenty-three years at the rate of not less than	54540
one-half mill for each dollar of valuation to be used to pay the	54541
cost of maintaining the classroom facilities included in the basic	54542
project cost as determined by the commission. The form of the	54543
ballot to be used to submit the question whether to approve the	54544
tax required under this division to the electors of the school	54545
district shall be the form for an additional levy of taxes	54546
prescribed in section 3318.361 of the Revised Code, which may be	54547
combined in a single ballot question with the questions prescribed	54548
under section 5705.218 of the Revised Code.	54549

(b) As authorized under division (C) of section 3318.05 of	54550
the Revised Code, the school district board shall earmark from the	54551
proceeds of a permanent improvement tax levied under section	54552
5705.21 of the Revised Code, an amount equivalent to the	54553
additional tax otherwise required under division (D)(2)(a) of this	54554
section for the maintenance of the classroom facilities included	54555
in the basic project cost as determined by the commission.	54556

(c) As authorized under section 3318.051 of the Revised Code,	54557
the school district board shall, if approved by the commission,	54558
annually transfer into the maintenance fund required under section	54559
3318.05 of the Revised Code the amount prescribed in section	54560
3318.051 of the Revised Code in lieu of the tax otherwise required	54561
under division (D)(2)(a) of this section for the maintenance of	54562
the classroom facilities included in the basic project cost as	54563
determined by the commission.	54564

(d) If the school district board has rescinded the agreement	54565
to make transfers under section 3318.051 of the Revised Code, as	54566
provided under division (F) of that section, the electors of the	54567
school district, in accordance with section 3318.063 of the	54568
Revised Code, first shall approve the levy of taxes outside the	54569
ten-mill limitation for the period specified in that section at a	54570
rate of not less than one-half mill for each dollar of valuation.	54571

(e) The school district board shall apply the proceeds of a	54572
tax to leverage bonds as authorized under section 3318.052 of the	54573
Revised Code or dedicate a local donated contribution in the	54574
manner described in division (B) of section 3318.084 of the	54575
Revised Code in an amount equivalent to the additional tax	54576
otherwise required under division (D)(2)(a) of this section for	54577
the maintenance of the classroom facilities included in the basic	54578
project cost as determined by the commission.	54579

(3) A school district board may opt to delay taking any of	54580
the actions described in division (D)(2) of this section until	54581
~~such time as~~ the school district becomes eligible for state	54582
assistance under sections 3318.01 to 3318.20 of the Revised Code.	54583
In order to exercise this option, the board shall certify to the	54584
commission a resolution indicating the board's intent to do so	54585
prior to entering into an agreement under division (B) of this	54586
section.	54587

(4) If pursuant to division (D)(3) of this section a district	54588
board opts to delay levying an additional tax until the district	54589
becomes eligible for state assistance, it shall submit the	54590
question of levying that tax to the district electors as follows:	54591

(a) In accordance with section 3318.06 of the Revised Code if	54592
it will also be necessary pursuant to division (E) of this section	54593
to submit a proposal for approval of a bond issue;	54594

(b) In accordance with section 3318.361 of the Revised Code	54595
if it is not necessary to also submit a proposal for approval of a	54596
bond issue pursuant to division (E) of this section.	54597

(5) No state assistance under sections 3318.01 to 3318.20 of	54598
the Revised Code shall be released until a school district board	54599
that adopts and certifies a resolution under division (D) of this	54600
section also demonstrates to the satisfaction of the commission	54601
compliance with the provisions of division (D)(2) of this section.	54602

Any amount required for maintenance under division (D)(2) of	54603
this section shall be deposited into a separate fund as specified	54604
in division (B) of section 3318.05 of the Revised Code.	54605

(E)(1) If the school district becomes eligible for state	54606
assistance under sections 3318.01 to 3318.20 of the Revised Code	54607
based on its percentile ranking ~~as determined~~ under division	54608
(B)(3) of this section, the commission shall conduct a new	54609
assessment of the school district's classroom facilities needs and	54610
shall recalculate the basic project cost based on this new	54611
assessment. The basic project cost recalculated under this	54612
division shall include the amount of expenditures made by the	54613
school district board under division (D)(1) of this section. The	54614
commission shall then recalculate the school district's portion of	54615
the new basic project cost, which shall be the percentage of the	54616
original basic project cost assigned to the school district as	54617
its portion under division (C) of this section. The commission	54618
shall deduct the expenditure of school district moneys made	54619
under division (D)(1) of this section from the school district's	54620
portion of the basic project cost as recalculated under this	54621
division. If the amount of school district resources applied by	54622
the school district board to the school district's portion of	54623
the basic project cost under this section is less than the total	54624
amount of such portion as recalculated under this division, the	54625
school district board by a majority vote of all of its members	54626
shall, if it desires to seek state assistance under sections	54627
3318.01 to 3318.20 of the Revised Code, adopt a resolution as	54628
specified in section 3318.06 of the Revised Code to submit to the	54629
electors of the school district the question of approval of a	54630
bond issue in order to pay any additional amount of school	54631
district portion required for state assistance. Any tax levy	54632
approved under division (D) of this section satisfies the	54633
requirements to levy the additional tax under section 3318.06 of	54634
the Revised Code.	54635

(2) If the amount of school district resources applied by the	54636
school district board to the school district's portion of the	54637
basic project cost under this section is more than the total	54638
amount of such portion as recalculated under this division, within	54639
one year after the school district's portion is recalculated under	54640
division (E)(1) of this section the commission may grant to the	54641
school district the difference between the two calculated	54642
portions, but at no time shall the commission expend any state	54643
funds on a project in an amount greater than the state's portion	54644
of the basic project cost as recalculated under this division.	54645

Any reimbursement under this division shall be only for local	54646
resources the school district has applied toward construction cost	54647
expenditures for the classroom facilities approved by the	54648
commission, which shall not include any financing costs associated	54649
with that construction.	54650

The school district board shall use any moneys reimbursed to	54651
the district under this division to pay off any debt service the	54652
district owes for classroom facilities constructed under its	54653
project under this section before such moneys are applied to any	54654
other purpose. However, the district board first may deposit	54655
moneys reimbursed under this division into the district's general	54656
fund or a permanent improvement fund to replace local resources	54657
the district withdrew from those funds, as long as, and to the	54658
extent that, those local resources were used by the district for	54659
constructing classroom facilities included in the district's basic	54660
project cost.	54661

Sec. 3318.38. (A) As used in this section, "big-eight school	54662
district" has the same meaning as in section 3314.02 of the	54663
Revised Code.	54664

(B) There is hereby established the accelerated urban school	54665
building assistance program. Under the program, notwithstanding	54666
section 3318.02 of the Revised Code, any big-eight school district	54667
that has not been approved to receive assistance under sections	54668
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	54669
beginning on that date apply for approval of and be approved for	54670
such assistance. Except as otherwise provided in this section, any	54671
project approved and undertaken pursuant to this section shall	54672
comply with all provisions of sections 3318.01 to 3318.20 of the	54673
Revised Code.	54674

The Ohio school facilities commission shall provide	54675
assistance to any big-eight school district eligible for	54676
assistance under this section in the following manner:	54677

(1) Notwithstanding section 3318.02 of the Revised Code:

54678

(a) Not later than June 30, 2002, the commission shall	54679
conduct an on-site visit and shall assess the classroom facilities	54680
needs of each big-eight school district eligible for assistance	54681
under this section;	54682

(b) Beginning July 1, 2002, any big-eight school district	54683
eligible for assistance under this section may apply to the	54684
commission for conditional approval of its project as determined	54685
by the assessment conducted under division (B)(1)(a) of this	54686
section. The commission may conditionally approve that project	54687
and submit it to the controlling board for approval pursuant to	54688
section 3318.04 of the Revised Code.	54689

(2) If the controlling board approves the project of a	54690
big-eight school district eligible for assistance under this	54691
section, the commission and the school district shall enter into	54692
an agreement as prescribed in section 3318.08 of the Revised Code.	54693
Any agreement executed pursuant to this division shall include any	54694
applicable segmentation provisions as approved by the commission	54695
under division (B)(3) of this section.	54696

(3) Notwithstanding any provision to the contrary in sections	54697
3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight	54698
school district eligible for assistance under this section may	54699
with the approval of the commission opt to divide the project as	54700
approved under division (B)(1)(b) of this section into discrete	54701
segments to be completed sequentially. Any project divided into	54702
segments shall comply with all other provisions of sections	54703
3318.05, 3318.06, and 3318.08 of the Revised Code except as	54704
otherwise specified in this division.	54705

If a project is divided into segments under this division:

54706

(a) The school district need raise only the amount equal to	54707
its proportionate share, as determined under section 3318.032 of	54708
the Revised Code, of each segment at any one time and may seek	54709
voter approval of each segment separately;	54710

(b) The state's proportionate share, as determined under	54711
section 3318.032 of the Revised Code, of only the segment which	54712
has been approved by the school district electors or for which the	54713
district has applied a local donated contribution under section	54714
3318.084 of the Revised Code shall be encumbered in accordance	54715
with section 3318.11 of the Revised Code. Encumbrance of	54716
additional amounts to cover the state's proportionate share of	54717
later segments shall be approved separately as they are approved	54718
by the school district electors or as the district applies a local	54719
donated contribution to the segments under section 3318.084 of the	54720
Revised Code.	54721

(c) ~~If it is necessary to levy the additional tax for~~	54722
~~maintenance under division (B) of section 3318.05 of the Revised~~	54723
~~Code with respect to any segment of the project, the district may~~	54724
~~utilize the provisions of section 3318.061 of the Revised Code to~~	54725
~~ensure that the maintenance tax extends for twenty-three years~~	54726
~~after the last segment of the project is undertaken~~The school	54727
district's maintenance levy requirement, as defined in section	54728
3318.18 of the Revised Code, shall run for twenty-three years from	54729
the date the first segment is undertaken.	54730

(4) For any project under this section, the state funds	54731
reserved and encumbered and the funds provided by the school	54732
district to pay the basic project cost of any segment of the	54733
project, or of the entire project if it is not divided into	54734
segments, shall be spent on the construction and acquisition of	54735
the project simultaneously in proportion to the state's and the	54736
school district's respective shares of that basic project cost as	54737
determined under section 3318.032 of the Revised Code.	54738

Sec. 3318.44. (A) A joint vocational school district board of	54739
education may generate the school district's portion of the basic	54740
project cost of its project under sections 3318.40 to 3318.45 of	54741
the Revised Code using any combination of the following means if	54742
lawfully employed for the acquisition of classroom facilities:	54743

(1) The issuance of securities in accordance with Chapter	54744
133. and section 3311.20 of the Revised Code;	54745

(2) Local donated contributions as authorized under section	54746
3318.084 of the Revised Code;	54747

(3) A levy for permanent improvements under section 3311.21	54748
or 5705.21 of the Revised Code;	54749

(4) Bonds issued pursuant to division (B) of this section.

54750

(B) By resolution adopted by a majority of all its members, a	54751
school district board, in order to pay all or part of the school	54752
district's portion of its basic project cost, may apply the	54753
proceeds of a tax levied under section 5705.21 of the Revised Code	54754
for general permanent improvements if the proceeds of that levy	54755
lawfully may be used for general construction, renovation, repair,	54756
or maintenance of classroom facilities to ~~leverage~~pay debt	54757
charges on and financing costs related to bonds ~~adequate~~issued to	54758
pay all or part of the school district portion of the basic	54759
project cost of the school district's project under sections	54760
3318.40 to 3318.45 of the Revised Code or to generate an amount	54761
equivalent to all or part of the amount required under section	54762
3318.43 of the Revised Code to be used for maintenance of	54763
classroom facilities acquired under the project. Bonds issued	54764
under this division shall be Chapter 133. securities, and may be	54765
issued as general obligation securities, but the issuance of the	54766
bonds shall not be subject to a vote of the electors of the school	54767
district as long as the tax proceeds earmarked for payment of the	54768
~~service~~debt charges on the bonds may lawfully be used for that	54769
purpose. Such bonds shall not be included in the calculation of	54770
net indebtedness under section 133.06 of the Revised Code if the	54771
resolution authorizing their issuance includes covenants to	54772
appropriate annually, from lawfully available proceeds of a	54773
property tax levied under section 5705.21 of the Revised Code, and	54774
to continue to levy that tax in amounts necessary to pay the debt	54775
charges on and financing costs related to the bonds as they become	54776
due. No property tax levied under section 5705.21 of the Revised	54777
Code that is pledged, or that the school district has covenanted	54778
to levy, collect, and appropriate annually to pay the debt charges	54779
on and financing costs related to the bonds under this section may	54780
be repealed while those bonds are outstanding. If such a tax is	54781
reduced by electors of the district or by the board of education	54782
while the bonds are outstanding, the board of education shall	54783
continue to levy and collect the tax under the authority of the	54784
original election authorizing the tax at a rate in each year that	54785
the board reasonably estimates will produce an amount in that year	54786
equal to the debt charges on the bonds in that year.	54787

No state moneys shall be released for a project to which this	54788
division applies until the proceeds of any bonds issued under this	54789
division that are dedicated for payment of the school district's	54790
portion of the basic project cost are first deposited into the	54791
school district's project construction fund.	54792

(C) A school district board of education may adopt a	54793
resolution proposing that any of the following questions be	54794
combined with a question specified in section 3318.45 of the	54795
Revised Code:	54796

(1) A bond issue question under section 133.18 of the Revised	54797
Code;	54798

(2) A tax levy question under section 3311.21 of the Revised	54799
Code;	54800

(3) A tax levy question under section 5705.21 of the Revised	54801
Code.	54802

Any question described in divisions (C)(1) to (3) of this	54803
section that is combined with a question proposed under section	54804
3318.45 of the Revised Code shall be for the purpose of either	54805
paying for any permanent improvement, as defined in section 133.01	54806
of the Revised Code, or generating operating revenue specifically	54807
for the facilities acquired under the school district's project	54808
under Chapter 3318. of the Revised Code or for both to the extent	54809
such purposes are permitted by the sections of law under which	54810
each is proposed.	54811

(D) The board of education of a joint vocational school	54812
district that receives assistance under this section may enter	54813
into an agreement for joint issuance of bonds as provided for in	54814
section 3318.085 of the Revised Code.	54815

Sec. 3319.073. (A) The board of education of each city and	54816
exempted village school district and the governing board of each	54817
educational service center shall adopt or adapt the curriculum	54818
developed by the department of education for, or shall develop, in	54819
consultation with public or private agencies or persons involved	54820
in child abuse prevention or intervention programs, a program of	54821
in-service training ~~for persons employed by any school district or~~	54822
~~service center to work in an elementary school as a nurse,~~	54823
~~teacher, counselor, school psychologist, or administrator~~in the	54824
prevention of child abuse, violence, and substance abuse and the	54825
promotion of positive youth development. Each person employed by	54826
any school district or service center to work in ~~an elementary~~a	54827
school as a nurse, teacher, counselor, school psychologist, or	54828
administrator shall complete at least four hours of the in-service	54829
training ~~in the prevention of child abuse, violence, and substance~~	54830
~~abuse and the promotion of positive youth development~~ within two	54831
years of commencing employment with the district or center, and	54832
every five years thereafter. A person who is employed by any	54833
school district or service center to work in an elementary school	54834
as a nurse, teacher, counselor, school psychologist, or	54835
administrator on ~~the effective date of this amendment~~March 30,	54836
2007, shall complete at least four hours of the in-service	54837
training ~~required by this section within two years of the~~	54838
~~effective date of this amendment~~not later than March 30, 2009,	54839
and every five years thereafter. A person who is employed by any	54840
school district or service center to work in a middle or high	54841
school as a nurse, teacher, counselor, school psychologist, or	54842
administrator on the effective date of this amendment shall	54843
complete at least four hours of the in-service training not later	54844
than two years after the effective date of this amendment and	54845
every five years thereafter.	54846

(B) Each board shall incorporate training in school safety	54847
and violence prevention into the in-service training required by	54848
division (A) of this section. For this purpose, the board shall	54849
adopt or adapt the curriculum developed by the department or shall	54850
develop its own curriculum in consultation with public or private	54851
agencies or persons involved in school safety and violence	54852
prevention programs.	54853

Sec. 3319.08. (A) The board of education of each city,	54854
exempted village, local, and joint vocational school district and	54855
the governing board of each educational service center shall enter	54856
into written contracts for the employment and reemployment of all	54857
teachers. Contracts for the employment of teachers shall be of two	54858
types, limited contracts and continuing contracts. The board of	54859
each ~~such~~ school district or service center that authorizes	54860
compensation in addition to the base salary stated in the	54861
teachers' salary schedule for the performance of duties by a	54862
teacher that are in addition to the teacher's regular teaching	54863
duties, shall enter into a supplemental written contract with each	54864
teacher who is to perform additional duties. Such supplemental	54865
written contracts shall be limited contracts. Such written	54866
contracts and supplemental written contracts shall set forth the	54867
teacher's duties and shall specify the salaries and compensation	54868
to be paid for regular teaching duties and additional teaching	54869
duties, respectively, either or both of which may be increased but	54870
not diminished during the term for which the contract is made,	54871
except as provided in section 3319.12 of the Revised Code.	54872

If a board adopts a motion or resolution to employ a teacher	54873
under a limited or continuing contract and the teacher accepts	54874
such employment, the failure of such parties to execute a written	54875
contract shall not void such employment contract.	54876

(B) Teachers must be paid for all time lost when the schools	54877
in which they are employed are closed due to an epidemic or other	54878
public calamity, and for time lost due to illness or otherwise for	54879
not less than five days annually as authorized by regulations	54880
which each board shall adopt.	54881

~~Contracts for the employment of teachers shall be of two~~	54882
~~types, limited contracts and continuing contracts.~~	54883

~~(A)~~(C) A limited contract is:

54884

(1) For a superintendent, a contract for such term as	54885
authorized by section 3319.01 of the Revised Code;	54886

(2) For an assistant superintendent, principal, assistant	54887
principal, or other administrator, a contract for such term as	54888
authorized by section 3319.02 of the Revised Code;	54889

(3) For all other teachers, a contract for a term not to	54890
exceed five years.	54891

~~(B)~~(D) A continuing contract is a contract that remains in	54892
effect until the teacher resigns, elects to retire, or is retired	54893
pursuant to former section 3307.37 of the Revised Code, or until	54894
it is terminated or suspended and shall be granted only to the	54895
following:	54896

(1) Any teacher holding a professional, permanent, or life	54897
teacher's certificate;	54898

(2) Any teacher ~~holding a professional educator license~~ who	54899
meets the following conditions:	54900

(a) The teacher was initially issued a teacher's certificate	54901
or educator license prior to January 1, 2011.	54902

(b) The teacher holds a professional educator license issued	54903
under section 3319.22 or 3319.222 or former section 3319.22 of the	54904
Revised Code or a senior professional educator license or lead	54905
professional educator license issued under section 3319.22 of the	54906
Revised Code.	54907

(c) The teacher has completed the applicable one of the	54908
following:	54909

~~(a)~~(i) If the teacher did not hold a ~~masters~~master's degree	54910
at the time of initially receiving a teacher's certificate under	54911
former law or an educator license, thirty semester hours of	54912
coursework in the area of licensure or in an area related to the	54913
teaching field since the initial issuance of such certificate or	54914
license, as specified in rules which the state board of education	54915
shall adopt;	54916

~~(b)~~(ii) If the teacher held a ~~masters~~master's degree at the	54917
time of initially receiving a teacher's certificate under former	54918
law or an educator license, six semester hours of graduate	54919
coursework in the area of licensure or in an area related to the	54920
teaching field since the initial issuance of such certificate or	54921
license, as specified in rules which the state board ~~of education~~	54922
shall adopt.	54923

~~This~~(3) Any teacher who meets the following conditions:

54924

(a) The teacher never held a teacher's certificate and was	54925
initially issued an educator license on or after January 1, 2011.	54926

(b) The teacher holds a professional educator license, senior	54927
professional educator license, or lead professional educator	54928
license issued under section 3319.22 of the Revised Code.	54929

(c) The teacher has held an educator license for at least	54930
five years.	54931

(d) The teacher has completed the applicable one of the	54932
following:	54933

(i) If the teacher did not hold a master's degree at the time	54934
of initially receiving an educator license, thirty semester hours	54935
of coursework in the area of licensure or in an area related to	54936
the teaching field since the initial issuance of that license, as	54937
specified in rules which the state board shall adopt;	54938

(ii) If the teacher held a master's degree at the time of	54939
initially receiving an educator license, six semester hours of	54940
graduate coursework in the area of licensure or in an area related	54941
to the teaching field since the initial issuance of that license,	54942
as specified in rules which the state board shall adopt.	54943

(E) Division (D) of this section applies only to continuing	54944
contracts entered into on or after ~~August 18, 1969~~the effective	54945
date of this amendment. Nothing in that division shall be	54946
construed to void or otherwise affect a continuing contract	54947
entered into prior to that date.	54948

Notwithstanding any provision to the contrary in Chapter	54949
4117. of the Revised Code, the requirements of division (D)(3) of	54950
this section prevail over any conflicting provisions of a	54951
collective bargaining agreement entered into on or after the	54952
effective date of this amendment.	54953

(F) Wherever the term "educator license" is used in this	54954
section without reference to a specific type of educator license,	54955
the term does not include an educator license for substitute	54956
teaching issued under section 3319.226 of the Revised Code.	54957

Sec. 3319.081. Except as otherwise provided in division (G)	54958
of this section, in all school districts wherein the provisions of	54959
Chapter 124. of the Revised Code do not apply, the following	54960
employment contract system shall control for employees whose	54961
contracts of employment are not otherwise provided by law:	54962

(A) Newly hired regular nonteaching school employees,	54963
including regular hourly rate and per diem employees, shall enter	54964
into written contracts for their employment which shall be for a	54965
period of not more than one year. If such employees are rehired,	54966
their subsequent contract shall be for a period of two years.	54967

(B) After the termination of the two-year contract provided	54968
in division (A) of this section, if the contract of a nonteaching	54969
employee is renewed, the employee shall be continued in	54970
employment, and the salary provided in the contract may be	54971
increased but not reduced unless such reduction is a part of a	54972
uniform plan affecting the nonteaching employees of the entire	54973
district.	54974

(C) The contracts as provided for in this section may be	54975
terminated by a majority vote of the board of education. Except as	54976
provided in ~~sections 3319.0810 and~~section 3319.172 of the Revised	54977
Code, the contracts may be terminated only for violation of	54978
written rules and regulations as set forth by the board of	54979
education or for incompetency, inefficiency, dishonesty,	54980
drunkenness, immoral conduct, insubordination, discourteous	54981
treatment of the public, neglect of duty, or any other acts of	54982
misfeasance, malfeasance, or nonfeasance. In addition to the right	54983
of the board of education to terminate the contract of an	54984
employee, the board may suspend an employee for a definite period	54985
of time or demote the employee for the reasons set forth in this	54986
division. The action of the board of education terminating the	54987
contract of an employee or suspending or demoting the employee	54988
shall be served upon the employee by certified mail. Within ten	54989
days following the receipt of such notice by the employee, the	54990
employee may file an appeal, in writing, with the court of common	54991
pleas of the county in which such school board is situated. After	54992
hearing the appeal the common pleas court may affirm, disaffirm,	54993
or modify the action of the school board.	54994

A violation of division (A)(7) of section 2907.03 of the	54995
Revised Code is grounds for termination of employment of a	54996
nonteaching employee under this division.	54997

(D) All employees who have been employed by a school district	54998
where the provisions of Chapter 124. of the Revised Code do not	54999
apply, for a period of at least three years on November 24, 1967,	55000
shall hold continuing contracts of employment pursuant to this	55001
section.	55002

(E) Any nonteaching school employee may terminate the	55003
nonteaching school employee's contract of employment thirty days	55004
subsequent to the filing of a written notice of such termination	55005
with the treasurer of the board.	55006

(F) A person hired exclusively for the purpose of replacing a	55007
nonteaching school employee while such employee is on leave of	55008
absence granted under section 3319.13 of the Revised Code is not a	55009
regular nonteaching school employee under this section.	55010

(G) All nonteaching employees employed pursuant to this	55011
section and Chapter 124. of the Revised Code shall be paid for all	55012
time lost when the schools in which they are employed are closed	55013
owing to an epidemic or other public calamity. Nothing in this	55014
division shall be construed as requiring payment in excess of an	55015
employee's regular wage rate or salary for any time worked while	55016
the school in which the employee is employed is officially closed	55017
for the reasons set forth in this division.	55018

Sec. 3319.088. As used in this section, "educational	55019
assistant" means any nonteaching employee in a school district who	55020
directly assists a teacher as defined in section 3319.09 of the	55021
Revised Code, by performing duties for which a license issued	55022
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	55023
required.	55024

(A) The state board of education shall issue educational aide	55025
permits and educational paraprofessional licenses for educational	55026
assistants and shall adopt rules for the issuance and renewal of	55027
such permits and licenses which shall be consistent with the	55028
provisions of this section. Educational aide permits and	55029
educational paraprofessional licenses may be of several types and	55030
the rules shall prescribe the minimum qualifications of education,	55031
health, and character for the service to be authorized under each	55032
type. The prescribed minimum qualifications may require special	55033
training or educational courses designed to qualify a person to	55034
perform effectively the duties authorized under an educational	55035
aide permit or educational paraprofessional license.	55036

(B)(1) Any application for a permit or license, or a renewal	55037
or duplicate of a permit or license, under this section shall be	55038
accompanied by the payment of a fee in the amount established	55039
under division (A) of section 3319.51 of the Revised Code. Any	55040
fees received under this division shall be paid into the state	55041
treasury to the credit of the state board of education licensure	55042
fund established under division (B) of section 3319.51 of the	55043
Revised Code.	55044

(2) Any person applying for or holding a permit or license	55045
pursuant to this section is subject to sections 3123.41 to 3123.50	55046
of the Revised Code and any applicable rules adopted under section	55047
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	55048
the Revised Code.	55049

(C) Educational assistants shall at all times while in the	55050
performance of their duties be under the supervision and direction	55051
of a teacher as defined in section 3319.09 of the Revised Code.	55052
Educational assistants may assist a teacher to whom assigned in	55053
the supervision of pupils, in assisting with instructional tasks,	55054
and in the performance of duties which, in the judgment of the	55055
teacher to whom the assistant is assigned, may be performed by a	55056
person not licensed pursuant to sections 3319.22 to 3319.30 of the	55057
Revised Code and for which a teaching license, issued pursuant to	55058
sections 3319.22 to 3319.30 of the Revised Code is not required.	55059
The duties of an educational assistant shall not include the	55060
assignment of grades to pupils. The duties of an educational	55061
~~assistants~~assistant need not be performed in the physical	55062
presence of the teacher to whom assigned, but the activity of an	55063
educational assistant shall at all times be under the direction of	55064
the teacher to whom assigned. The assignment of an educational	55065
assistant need not be limited to assisting a single teacher. In	55066
the event an educational assistant is assigned to assist more than	55067
one teacher the assignments shall be clearly delineated and so	55068
arranged that the educational assistant shall never be subject to	55069
simultaneous supervision or direction by more than one teacher.	55070

Educational assistants assigned to supervise children shall,	55071
when the teacher to whom assigned is not physically present,	55072
maintain the degree of control and discipline ~~which~~that would be	55073
maintained by the teacher~~, but an educational assistant may not~~	55074
~~render corporal punishment~~.	55075

~~Except when expressly permitted solely for the purposes of~~	55076
~~section 3317.029 of the Revised Code, educational~~Educational	55077
assistants may not be used in place of classroom teachers or other	55078
employees and any payment of compensation by boards of education	55079
to educational assistants for such services is prohibited. The	55080
ratio between the number of licensed teachers and the pupils in a	55081
school district may not be decreased by utilization of educational	55082
assistants and no grouping, or other organization of pupils, for	55083
utilization of educational assistants shall be established which	55084
is inconsistent with sound educational practices and procedures. A	55085
school district may employ up to one full time equivalent	55086
educational assistant for each six full time equivalent licensed	55087
employees of the district. Educational assistants shall not be	55088
counted as licensed employees for purposes of state support in	55089
the school foundation program and no grouping or regrouping of	55090
pupils with educational assistants may be counted as a class or	55091
unit for school foundation program purposes. Neither special	55092
courses required by the regulations of the state board of	55093
education, prescribing minimum qualifications of education for an	55094
educational assistant, nor years of service as an educational	55095
assistant shall be counted in any way toward qualifying for a	55096
teacher license, for a teacher contract of any type, or for	55097
determining placement on a salary schedule in a school district	55098
as a teacher.	55099

(D) Educational assistants employed by a board of education	55100
shall have all rights, benefits, and legal protection available to	55101
other nonteaching employees in the school district, except that	55102
provisions of Chapter 124. of the Revised Code shall not apply to	55103
any person employed as an educational assistant, and shall be	55104
members of the school employees retirement system. Educational	55105
assistants shall be compensated according to a salary plan adopted	55106
annually by the board.	55107

Except as provided in this section nonteaching employees	55108
shall not serve as educational assistants without first obtaining	55109
an appropriate educational aide permit or educational	55110
paraprofessional license from the state board of education. A	55111
nonteaching employee who is the holder of a valid educational aide	55112
permit or educational paraprofessional license shall neither	55113
render nor be required to render services inconsistent with the	55114
type of services authorized by the permit or license held. No	55115
person shall receive compensation from a board of education for	55116
services rendered as an educational assistant in violation of this	55117
provision.	55118

Nonteaching employees whose functions are solely	55119
secretarial-clerical and who do not perform any other duties as	55120
educational assistants, even though they assist a teacher and work	55121
under the direction of a teacher shall not be required to hold a	55122
permit or license issued pursuant to this section. Students	55123
preparing to become licensed teachers or educational assistants	55124
shall not be required to hold an educational aide permit or	55125
paraprofessional license for such periods of time as such students	55126
are assigned, as part of their training program, to work with a	55127
teacher in a school district. Such students shall not be	55128
compensated for such services.	55129

Following the determination of the assignment and general job	55130
description of an educational assistant and subject to supervision	55131
by the teacher's immediate administrative officer, a teacher to	55132
whom an educational assistant is assigned shall make all final	55133
determinations of the duties to be assigned to such assistant.	55134
Teachers shall not be required to hold a license designated for	55135
being a supervisor or administrator in order to perform the	55136
necessary supervision of educational assistants.	55137

(E) No person who is, or who has been employed as an	55138
educational assistant shall divulge, except to the teacher to whom	55139
assigned, or the administrator of the school in the absence of the	55140
teacher to whom assigned, or when required to testify in a court	55141
or proceedings, any personal information concerning any pupil in	55142
the school district which was obtained or obtainable by the	55143
educational assistant while so employed. Violation of this	55144
provision is grounds for disciplinary action or dismissal, or	55145
both.	55146

Sec. 3319.11. (A) As used in this section:

55147

(1) "Evaluation procedures" means the procedures adopted	55148
pursuant to division (B) of section 3319.111 of the Revised Code.	55149

(2) "Limited contract" means a limited contract, as described	55150
in section 3319.08 of the Revised Code, that a school district	55151
board of education or governing board of an educational service	55152
center enters into with a teacher who is not eligible for	55153
continuing service status.	55154

(3) "Extended limited contract" means a limited contract, as	55155
described in section 3319.08 of the Revised Code, that a board of	55156
education or governing board enters into with a teacher who is	55157
eligible for continuing service status.	55158

(B) Teachers eligible for continuing service status in any	55159
city, exempted village, local, or joint vocational school district	55160
or educational service center shall be those teachers qualified as	55161
described in division ~~(B)(1) or (2)~~(D) of section 3319.08 of the	55162
Revised Code, who within the last five years have taught for at	55163
least three years in the district or center, and those teachers	55164
who, having attained continuing contract status elsewhere, have	55165
served two years in the district or center, but the board, upon	55166
the recommendation of the superintendent, may at the time of	55167
employment or at any time within such two-year period, declare any	55168
of the latter teachers eligible.	55169

(1) Upon the recommendation of the superintendent that a	55170
teacher eligible for continuing service status be reemployed, a	55171
continuing contract shall be entered into between the board and	55172
the teacher unless the board by a three-fourths vote of its full	55173
membership rejects the recommendation of the superintendent. If	55174
the board rejects by a three-fourths vote of its full membership	55175
the recommendation of the superintendent that a teacher eligible	55176
for continuing service status be reemployed and the superintendent	55177
makes no recommendation to the board pursuant to division (C) of	55178
this section, the board may declare its intention not to reemploy	55179
the teacher by giving the teacher written notice on or before the	55180
thirtieth day of April of its intention not to reemploy the	55181
teacher. If evaluation procedures have not been complied with	55182
pursuant to division (A) of section 3319.111 of the Revised Code	55183
or the board does not give the teacher written notice on or before	55184
the thirtieth day of April of its intention not to reemploy the	55185
teacher, the teacher is deemed reemployed under an extended	55186
limited contract for a term not to exceed one year at the same	55187
salary plus any increment provided by the salary schedule. The	55188
teacher is presumed to have accepted employment under the extended	55189
limited contract for a term not to exceed one year unless such	55190
teacher notifies the board in writing to the contrary on or before	55191
the first day of June, and an extended limited contract for a term	55192
not to exceed one year shall be executed accordingly. Upon any	55193
subsequent reemployment of the teacher only a continuing contract	55194
may be entered into.	55195

(2) If the superintendent recommends that a teacher eligible	55196
for continuing service status not be reemployed, the board may	55197
declare its intention not to reemploy the teacher by giving the	55198
teacher written notice on or before the thirtieth day of April of	55199
its intention not to reemploy the teacher. If evaluation	55200
procedures have not been complied with pursuant to division (A) of	55201
section 3319.111 of the Revised Code or the board does not give	55202
the teacher written notice on or before the thirtieth day of April	55203
of its intention not to reemploy the teacher, the teacher is	55204
deemed reemployed under an extended limited contract for a term	55205
not to exceed one year at the same salary plus any increment	55206
provided by the salary schedule. The teacher is presumed to have	55207
accepted employment under the extended limited contract for a term	55208
not to exceed one year unless such teacher notifies the board in	55209
writing to the contrary on or before the first day of June, and an	55210
extended limited contract for a term not to exceed one year shall	55211
be executed accordingly. Upon any subsequent reemployment of a	55212
teacher only a continuing contract may be entered into.	55213

(3) Any teacher receiving written notice of the intention of	55214
a board not to reemploy such teacher pursuant to this division is	55215
entitled to the hearing provisions of division (G) of this	55216
section.	55217

(C)(1) If a board rejects the recommendation of the	55218
superintendent for reemployment of a teacher pursuant to division	55219
(B)(1) of this section, the superintendent may recommend	55220
reemployment of the teacher, if continuing service status has not	55221
previously been attained elsewhere, under an extended limited	55222
contract for a term not to exceed two years, provided that written	55223
notice of the superintendent's intention to make such	55224
recommendation has been given to the teacher with reasons directed	55225
at the professional improvement of the teacher on or before the	55226
thirtieth day of April. Upon subsequent reemployment of the	55227
teacher only a continuing contract may be entered into.	55228

(2) If a board of education takes affirmative action on a	55229
superintendent's recommendation, made pursuant to division (C)(1)	55230
of this section, of an extended limited contract for a term not to	55231
exceed two years but the board does not give the teacher written	55232
notice of its affirmative action on the superintendent's	55233
recommendation of an extended limited contract on or before the	55234
thirtieth day of April, the teacher is deemed reemployed under a	55235
continuing contract at the same salary plus any increment provided	55236
by the salary schedule. The teacher is presumed to have accepted	55237
employment under such continuing contract unless such teacher	55238
notifies the board in writing to the contrary on or before the	55239
first day of June, and a continuing contract shall be executed	55240
accordingly.	55241

(3) A board shall not reject a superintendent's	55242
recommendation, made pursuant to division (C)(1) of this section,	55243
of an extended limited contract for a term not to exceed two years	55244
except by a three-fourths vote of its full membership. If a board	55245
rejects by a three-fourths vote of its full membership the	55246
recommendation of the superintendent of an extended limited	55247
contract for a term not to exceed two years, the board may declare	55248
its intention not to reemploy the teacher by giving the teacher	55249
written notice on or before the thirtieth day of April of its	55250
intention not to reemploy the teacher. If evaluation procedures	55251
have not been complied with pursuant to division (A) of section	55252
3319.111 of the Revised Code or if the board does not give the	55253
teacher written notice on or before the thirtieth day of April of	55254
its intention not to reemploy the teacher, the teacher is deemed	55255
reemployed under an extended limited contract for a term not to	55256
exceed one year at the same salary plus any increment provided by	55257
the salary schedule. The teacher is presumed to have accepted	55258
employment under the extended limited contract for a term not to	55259
exceed one year unless such teacher notifies the board in writing	55260
to the contrary on or before the first day of June, and an	55261
extended limited contract for a term not to exceed one year shall	55262
be executed accordingly. Upon any subsequent reemployment of the	55263
teacher only a continuing contract may be entered into.	55264

Any teacher receiving written notice of the intention of a	55265
board not to reemploy such teacher pursuant to this division is	55266
entitled to the hearing provisions of division (G) of this	55267
section.	55268

(D) A teacher eligible for continuing contract status	55269
employed under an extended limited contract pursuant to division	55270
(B) or (C) of this section, is, at the expiration of such extended	55271
limited contract, deemed reemployed under a continuing contract at	55272
the same salary plus any increment granted by the salary schedule,	55273
unless evaluation procedures have been complied with pursuant to	55274
division (A) of section 3319.111 of the Revised Code and the	55275
employing board, acting on the superintendent's recommendation	55276
that the teacher not be reemployed, gives the teacher written	55277
notice on or before the thirtieth day of April of its intention	55278
not to reemploy such teacher. A teacher who does not have	55279
evaluation procedures applied in compliance with division (A) of	55280
section 3319.111 of the Revised Code or who does not receive	55281
notice on or before the thirtieth day of April of the intention of	55282
the board not to reemploy such teacher is presumed to have	55283
accepted employment under a continuing contract unless such	55284
teacher notifies the board in writing to the contrary on or before	55285
the first day of June, and a continuing contract shall be executed	55286
accordingly.	55287

Any teacher receiving a written notice of the intention of a	55288
board not to reemploy such teacher pursuant to this division is	55289
entitled to the hearing provisions of division (G) of this	55290
section.	55291

(E) A limited contract may be entered into by each board with	55292
each teacher who has not been in the employ of the board for at	55293
least three years and shall be entered into, regardless of length	55294
of previous employment, with each teacher employed by the board	55295
who ~~holds a provisional, temporary, or associate license, or who~~	55296
~~holds a professional license and~~ is not eligible to be considered	55297
for a continuing contract.	55298

Any teacher employed under a limited contract, and not	55299
eligible to be considered for a continuing contract, is, at the	55300
expiration of such limited contract, considered reemployed under	55301
the provisions of this division at the same salary plus any	55302
increment provided by the salary schedule unless evaluation	55303
procedures have been complied with pursuant to division (A) of	55304
section 3319.111 of the Revised Code and the employing board,	55305
acting upon the superintendent's written recommendation that the	55306
teacher not be reemployed, gives such teacher written notice of	55307
its intention not to reemploy such teacher on or before the	55308
thirtieth day of April. A teacher who does not have evaluation	55309
procedures applied in compliance with division (A) of section	55310
3319.111 of the Revised Code or who does not receive notice of the	55311
intention of the board not to reemploy such teacher on or before	55312
the thirtieth day of April is presumed to have accepted such	55313
employment unless such teacher notifies the board in writing to	55314
the contrary on or before the first day of June, and a written	55315
contract for the succeeding school year shall be executed	55316
accordingly.	55317

Any teacher receiving a written notice of the intention of a	55318
board not to reemploy such teacher pursuant to this division is	55319
entitled to the hearing provisions of division (G) of this	55320
section.	55321

(F) The failure of a superintendent to make a recommendation	55322
to the board under any of the conditions set forth in divisions	55323
(B) to (E) of this section, or the failure of the board to give	55324
such teacher a written notice pursuant to divisions (C) to (E) of	55325
this section shall not prejudice or prevent a teacher from being	55326
deemed reemployed under either a limited or continuing contract as	55327
the case may be under the provisions of this section. A failure of	55328
the parties to execute a written contract shall not void any	55329
automatic reemployment provisions of this section.	55330

(G)(1) Any teacher receiving written notice of the intention	55331
of a board of education not to reemploy such teacher pursuant to	55332
division (B), (C)(3), (D), or (E) of this section may, within ten	55333
days of the date of receipt of the notice, file with the treasurer	55334
of the board a written demand for a written statement describing	55335
the circumstances that led to the board's intention not to	55336
reemploy the teacher.	55337

(2) The treasurer of a board, on behalf of the board, shall,	55338
within ten days of the date of receipt of a written demand for a	55339
written statement pursuant to division (G)(1) of this section,	55340
provide to the teacher a written statement describing the	55341
circumstances that led to the board's intention not to reemploy	55342
the teacher.	55343

(3) Any teacher receiving a written statement describing the	55344
circumstances that led to the board's intention not to reemploy	55345
the teacher pursuant to division (G)(2) of this section may,	55346
within five days of the date of receipt of the statement, file	55347
with the treasurer of the board a written demand for a hearing	55348
before the board pursuant to divisions (G)(4) to (6) of this	55349
section.	55350

(4) The treasurer of a board, on behalf of the board, shall,	55351
within ten days of the date of receipt of a written demand for a	55352
hearing pursuant to division (G)(3) of this section, provide to	55353
the teacher a written notice setting forth the time, date, and	55354
place of the hearing. The board shall schedule and conclude the	55355
hearing within forty days of the date on which the treasurer of	55356
the board receives a written demand for a hearing pursuant to	55357
division (G)(3) of this section.	55358

(5) Any hearing conducted pursuant to this division shall be	55359
conducted by a majority of the members of the board. The hearing	55360
shall be held in executive session of the board unless the board	55361
and the teacher agree to hold the hearing in public. The	55362
superintendent, assistant superintendent, the teacher, and any	55363
person designated by either party to take a record of the hearing	55364
may be present at the hearing. The board may be represented by	55365
counsel and the teacher may be represented by counsel or a	55366
designee. A record of the hearing may be taken by either party at	55367
the expense of the party taking the record.	55368

(6) Within ten days of the conclusion of a hearing conducted	55369
pursuant to this division, the board shall issue to the teacher a	55370
written decision containing an order affirming the intention of	55371
the board not to reemploy the teacher reported in the notice given	55372
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	55373
this section or an order vacating the intention not to reemploy	55374
and expunging any record of the intention, notice of the	55375
intention, and the hearing conducted pursuant to this division.	55376

(7) A teacher may appeal an order affirming the intention of	55377
the board not to reemploy the teacher to the court of common pleas	55378
of the county in which the largest portion of the territory of the	55379
school district or service center is located, within thirty days	55380
of the date on which the teacher receives the written decision, on	55381
the grounds that the board has not complied with this section	55382
~~3319.11~~ or section 3319.111 of the Revised Code.	55383

Notwithstanding section 2506.04 of the Revised Code, the	55384
court in an appeal under this division is limited to the	55385
determination of procedural errors and to ordering the correction	55386
of procedural errors and shall have no jurisdiction to order a	55387
board to reemploy a teacher, except that the court may order a	55388
board to reemploy a teacher in compliance with the requirements of	55389
division (B), (C)(3), (D), or (E) of this section when the court	55390
determines that evaluation procedures have not been complied with	55391
pursuant to division (A) of section 3319.111 of the Revised Code	55392
or the board has not given the teacher written notice on or before	55393
the thirtieth day of April of its intention not to reemploy the	55394
teacher pursuant to division (B), (C)(3), (D), or (E) of this	55395
section. Otherwise, the determination whether to reemploy or not	55396
reemploy a teacher is solely a board's determination and not a	55397
proper subject of judicial review and, except as provided in this	55398
division, no decision of a board whether to reemploy or not	55399
reemploy a teacher shall be invalidated by the court on any basis,	55400
including that the decision was not warranted by the results of	55401
any evaluation or was not warranted by any statement given	55402
pursuant to division (G)(2) of this section.	55403

No appeal of an order of a board may be made except as	55404
specified in this division.	55405

(H)(1) In giving a teacher any notice required by division	55406
(B), (C), (D), or (E) of this section, the board or the	55407
superintendent shall do either of the following:	55408

(a) Deliver the notice by personal service upon the teacher;

55409

(b) Deliver the notice by certified mail, return receipt	55410
requested, addressed to the teacher at the teacher's place of	55411
employment and deliver a copy of the notice by certified mail,	55412
return receipt requested, addressed to the teacher at the	55413
teacher's place of residence.	55414

(2) In giving a board any notice required by division (B),	55415
(C), (D), or (E) of this section, the teacher shall do either of	55416
the following:	55417

(a) Deliver the notice by personal delivery to the office of	55418
the superintendent during regular business hours;	55419

(b) Deliver the notice by certified mail, return receipt	55420
requested, addressed to the office of the superintendent and	55421
deliver a copy of the notice by certified mail, return receipt	55422
requested, addressed to the president of the board at the	55423
president's place of residence.	55424

(3) When any notice and copy of the notice are mailed	55425
pursuant to division (H)(1)(b) or (2)(b) of this section, the	55426
notice or copy of the notice with the earlier date of receipt	55427
shall constitute the notice for the purposes of division (B), (C),	55428
(D), or (E) of this section.	55429

(I) The provisions of this section shall not apply to any	55430
supplemental written contracts entered into pursuant to section	55431
3319.08 of the Revised Code.	55432

Sec. 3319.151. (A) No person shall reveal to any student any	55433
specific question that the person knows is part of ~~a test~~an	55434
assessment to be administered under section 3301.0711 of the	55435
Revised Code or in any other way assist a pupil to cheat on such a	55436
~~test~~an assessment.	55437

(B) On a finding by the state board of education, after	55438
investigation, that a school employee who holds a license issued	55439
under sections 3319.22 to 3319.31 of the Revised Code has violated	55440
division (A) of this section, the license of such teacher shall be	55441
suspended for one year. Prior to commencing an investigation, the	55442
board shall give the teacher notice of the allegation and an	55443
opportunity to respond and present a defense.	55444

(C)(1) Violation of division (A) of this section is grounds	55445
for termination of employment of a nonteaching employee under	55446
division (C) of section 3319.081 or section 124.34 of the Revised	55447
Code.	55448

(2) Violation of division (A) of this section is grounds for	55449
termination of a teacher contract under section 3319.16 of the	55450
Revised Code.	55451

Sec. 3319.16. The contract of any teacher employed by the	55452
board of education of any city, exempted village, local, county,	55453
or joint vocational school district may not be terminated except	55454
~~for gross inefficiency or immorality; for willful and persistent~~	55455
~~violations of reasonable regulations of the board of education; or~~	55456
for ~~other~~ good and just cause. ~~Before~~Notwithstanding any	55457
provision to the contrary in Chapter 4117. of the Revised Code,	55458
the provisions of this section relating to the grounds for	55459
termination of the contract of a teacher prevail over any	55460
conflicting provisions of a collective bargaining agreement	55461
entered into after the effective date of this amendment.	55462

Before terminating any contract, the employing board shall	55463
furnish the teacher a written notice signed by its treasurer of	55464
its intention to consider the termination of ~~his~~the teacher's	55465
contract with full specification of the grounds for such	55466
consideration. The board shall not proceed with formal action to	55467
terminate the contract until after the tenth day after receipt of	55468
the notice by the teacher. Within ten days after receipt of the	55469
notice from the treasurer of the board, the teacher may file with	55470
the treasurer a written demand for a hearing before the board or	55471
before a referee, and the board shall set a time for the hearing	55472
which shall be within thirty days from the date of receipt of the	55473
written demand, and the treasurer shall give the teacher at least	55474
twenty days' notice in writing of the time and place of the	55475
hearing. If a referee is demanded by either the teacher or board,	55476
the treasurer also shall give twenty days' notice to the	55477
superintendent of public instruction. No hearing shall be held	55478
during the summer vacation without the teacher's consent. The	55479
hearing shall be private unless the teacher requests a public	55480
hearing. The hearing shall be conducted by a referee appointed	55481
pursuant to section 3319.161 of the Revised Code, if demanded;	55482
otherwise, it shall be conducted by a majority of the members of	55483
the board and shall be confined to the grounds given for the	55484
termination. The board shall provide for a complete stenographic	55485
record of the proceedings, a copy of the record to be furnished to	55486
the teacher. The board may suspend a teacher pending final action	55487
to terminate ~~his~~the teacher's contract if, in its judgment, the	55488
character of the charges warrants such action.	55489

Both parties may be present at such hearing, be represented	55490
by counsel, require witnesses to be under oath, cross-examine	55491
witnesses, take a record of the proceedings, and require the	55492
presence of witnesses in their behalf upon subpoena to be issued	55493
by the treasurer of the board. In case of the failure of any	55494
person to comply with a subpoena, a judge of the court of common	55495
pleas of the county in which the person resides, upon application	55496
of any interested party, shall compel attendance of the person by	55497
attachment proceedings as for contempt. Any member of the board or	55498
the referee may administer oaths to witnesses. After a hearing by	55499
a referee, the referee shall file ~~his~~a report within ten days	55500
after the termination of the hearing. After consideration of the	55501
referee's report, the board, by a majority vote, may accept or	55502
reject the referee's recommendation on the termination of the	55503
teacher's contract. After a hearing by the board, the board, by	55504
majority vote, may enter its determination upon its minutes. Any	55505
order of termination of a contract shall state the grounds for	55506
termination. If the decision, after hearing, is against	55507
termination of the contract, the charges and the record of the	55508
hearing shall be physically expunged from the minutes, and, if the	55509
teacher has suffered any loss of salary by reason of being	55510
suspended, hethe teacher shall be paid ~~his~~the teacher's full	55511
salary for the period of such suspension.	55512

Any teacher affected by an order of termination of contract	55513
may appeal to the court of common pleas of the county in which the	55514
school is located within thirty days after receipt of notice of	55515
the entry of such order. The appeal shall be an original action in	55516
the court and shall be commenced by the filing of a complaint	55517
against the board, in which complaint the facts shall be alleged	55518
upon which the teacher relies for a reversal or modification of	55519
such order of termination of contract. Upon service or waiver of	55520
summons in that appeal, the board immediately shall transmit to	55521
the clerk of the court for filing a transcript of the original	55522
papers filed with the board, a certified copy of the minutes of	55523
the board into which the termination finding was entered, and a	55524
certified transcript of all evidence adduced at the hearing or	55525
hearings before the board or a certified transcript of all	55526
evidence adduced at the hearing or hearings before the referee,	55527
whereupon the cause shall be at issue without further pleading and	55528
shall be advanced and heard without delay. The court shall examine	55529
the transcript and record of the hearing and shall hold such	55530
additional hearings as it considers advisable, at which it may	55531
consider other evidence in addition to the transcript and record.	55532

Upon final hearing, the court shall grant or deny the relief	55533
prayed for in the complaint as may be proper in accordance with	55534
the evidence adduced in the hearing. Such an action is a special	55535
proceeding, and either the teacher or the board may appeal from	55536
the decision of the court of common pleas pursuant to the Rules of	55537
Appellate Procedure and, to the extent not in conflict with those	55538
rules, Chapter 2505. of the Revised Code.	55539

In any court action, the board may utilize the services of	55540
the prosecuting attorney, village solicitor, city director of law,	55541
or other chief legal officer of a municipal corporation as	55542
authorized by section 3313.35 of the Revised Code, or may employ	55543
other legal counsel.	55544

A violation of division (A)(7) of section 2907.03 of the	55545
Revised Code is grounds for termination of a teacher contract	55546
under this section.	55547

Sec. 3319.17. (A) As used in this section, "interdistrict	55548
contract" means any contract or agreement entered into by an	55549
educational service center governing board and another board or	55550
other public entity pursuant to section 3313.17, 3313.841,	55551
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	55552
Revised Code, including any such contract or agreement for the	55553
provision of services funded under division (I) of section	55554
3317.024 of the Revised Code or provided in any unit approved	55555
under section 3317.05 of the Revised Code.	55556

(B) When, for any of the following reasons that apply to any	55557
city, exempted village, local, or joint vocational school district	55558
or any educational service center, the board decides that it will	55559
be necessary to reduce the number of teachers it employs, it may	55560
make a reasonable reduction:	55561

(1) In the case of any district or service center, return to	55562
duty of regular teachers after leaves of absence including leaves	55563
provided pursuant to division (B) of section 3314.10 of the	55564
Revised Code, suspension of schools, or territorial changes	55565
affecting the district or center~~, or financial reasons~~;	55566

(2) In the case of any city, exempted village, local, or	55567
joint vocational school district, decreased enrollment of pupils	55568
in the district;	55569

(3) In the case of any governing board of a service center	55570
providing any particular service directly to pupils pursuant to	55571
one or more interdistrict contracts requiring such service,	55572
reduction in the total number of pupils the governing board is	55573
required to provide with the service under all interdistrict	55574
contracts as a result of the termination or nonrenewal of one or	55575
more of these interdistrict contracts;	55576

(4) In the case of any governing board providing any	55577
particular service that it does not provide directly to pupils	55578
pursuant to one or more interdistrict contracts requiring such	55579
service, reduction in the total level of the service the governing	55580
board is required to provide under all interdistrict contracts as	55581
a result of the termination or nonrenewal of one or more of these	55582
interdistrict contracts.	55583

(C) In making any such reduction, any city, exempted village,	55584
local, or joint vocational school board shall proceed to suspend	55585
contracts in accordance with the recommendation of the	55586
superintendent of schools who shall, within each teaching field	55587
affected, give preference first to teachers on continuing	55588
contracts and then to teachers who have greater seniority. In	55589
making any such reduction, any governing board of a service center	55590
shall proceed to suspend contracts in accordance with the	55591
recommendation of the superintendent who shall, within each	55592
teaching field or service area affected, give preference first to	55593
teachers on continuing contracts and then to teachers who have	55594
greater seniority.	55595

On a case-by-case basis, in lieu of suspending a contract in	55596
whole, a board may suspend a contract in part, so that an	55597
individual is required to work a percentage of the time the	55598
employee otherwise is required to work under the contract and	55599
receives a commensurate percentage of the full compensation the	55600
employee otherwise would receive under the contract.	55601

The teachers whose continuing contracts are suspended by any	55602
board pursuant to this section shall have the right of restoration	55603
to continuing service status by that board in the order of	55604
seniority of service in the district or service center if and when	55605
teaching positions become vacant or are created for which any of	55606
such teachers are or become qualified. No teacher whose continuing	55607
contract has been suspended pursuant to this section shall lose	55608
that right of restoration to continuing service status by reason	55609
of having declined recall to a position that is less than	55610
full-time or, if the teacher was not employed full-time just prior	55611
to suspension of the teacher's continuing contract, to a position	55612
requiring a lesser percentage of full-time employment than the	55613
position the teacher last held while employed in the district or	55614
service center.	55615

~~(D) Notwithstanding any provision to the contrary in Chapter~~	55616
~~4117. of the Revised Code, the requirements of this section~~	55617
~~prevail over any conflicting provisions of agreements between~~	55618
~~employee organizations and public employers entered into after~~	55619
~~September 29, 2005.~~	55620

Sec. 3319.172. The board of education of each school	55621
district wherein the provisions of Chapter 124. of the Revised	55622
Code do not apply and the governing board of each educational	55623
service center may adopt a resolution ordering reasonable	55624
reductions in the number of nonteaching employees for any of the	55625
reasons for which the board of education or governing board may	55626
make reductions in teaching employees, as set forth in division	55627
(B) of section 3319.17 of the Revised Code.	55628

In making any reduction under this section, the board of	55629
education or governing board shall proceed to suspend contracts in	55630
accordance with the recommendation of the superintendent of the	55631
district or service center who shall, within each pay	55632
classification affected, give preference first to employees under	55633
continuing contracts and then to employees on the basis of	55634
seniority. On a case-by-case basis, in lieu of suspending a	55635
contract in whole, a board may suspend a contract in part, so that	55636
an individual is required to work a percentage of the time the	55637
employee otherwise is required to work under the contract and	55638
receives a commensurate percentage of the full compensation the	55639
employee otherwise would receive under the contract.	55640

Any nonteaching employee whose continuing contract is	55641
suspended under this section shall have the right of restoration	55642
to continuing service status by the board of education or	55643
governing board that suspended that contract in order of seniority	55644
of service in the district or service center, if and when a	55645
nonteaching position for which the employee is qualified becomes	55646
vacant or is created. No nonteaching employee whose continuing	55647
contract has been suspended under this section shall lose that	55648
right of restoration to continuing service status by reason of	55649
having declined recall to a position requiring fewer regularly	55650
scheduled hours of work than required by the position the employee	55651
last held while employed in the district or service center.	55652

~~Notwithstanding any provision to the contrary in Chapter~~	55653
~~4117. of the Revised Code, the requirements of this section~~	55654
~~prevail over any conflicting provisions of agreements between~~	55655
~~employee organizations and public employers entered into after the~~	55656
~~effective date of this section.~~	55657

Sec. 3319.22. (A)(1) The state board of education shall	55658
~~adopt rules establishing the standards and requirements for~~	55659
~~obtaining temporary, associate, provisional, and professional~~	55660
issue the following educator licenses:	55661

(a) A resident educator license, which shall be valid for	55662
four years and shall not be renewable;	55663

(b) A professional educator license, which shall be valid for	55664
five years and shall be renewable;	55665

(c) A senior professional educator license, which shall be	55666
valid for five years and shall be renewable;	55667

(d) A lead professional educator license, which shall be	55668
valid for five years and shall be renewable.	55669

(2) The state board may issue any additional educator	55670
licenses of ~~any~~ categories, types, and levels the board elects to	55671
provide. ~~However, no educator license shall be required for~~	55672
~~teaching children two years old or younger.~~	55673

~~(2)~~(3) The state board shall adopt rules establishing the	55674
standards and requirements for obtaining each educator license	55675
issued under this section.	55676

(B) The rules adopted under this section shall require at	55677
least the following standards and qualifications for the educator	55678
licenses described in division (A)(1) of this section:	55679

(1) An applicant for a resident educator license shall hold	55680
at least a bachelor's degree from an accredited teacher	55681
preparation program.	55682

(2) An applicant for a professional educator license shall:

55683

(a) Hold at least a bachelor's degree from an institution of	55684
higher education accredited by a regional accrediting	55685
organization;	55686

(b) Have successfully completed the Ohio teacher residency	55687
program established under section 3319.223 of the Revised Code, if	55688
the applicant's current or most recently issued license is a	55689
resident educator license issued under this section or an	55690
alternative resident educator license issued under section 3319.26	55691
of the Revised Code.	55692

(3) An applicant for a senior professional educator license	55693
shall:	55694

(a) Hold at least a master's degree from an institution of	55695
higher education accredited by a regional accrediting	55696
organization;	55697

(b) Have previously held a professional educator license	55698
issued under this section or section 3319.222 or under former	55699
section 3319.22 of the Revised Code;	55700

(c) Meet the criteria for the accomplished or distinguished	55701
level of performance, as described in the standards for teachers	55702
adopted by the state board under section 3319.61 of the Revised	55703
Code.	55704

(4) An applicant for a lead professional educator license	55705
shall:	55706

(a) Hold at least a master's degree from an institution of	55707
higher education accredited by a regional accrediting	55708
organization;	55709

(b) Have previously held a professional educator license or a	55710
senior professional educator license issued under this section or	55711
a professional educator license issued under section 3319.222 or	55712
former section 3319.22 of the Revised Code;	55713

(c) Meet the criteria for the distinguished level of	55714
performance, as described in the standards for teachers adopted by	55715
the state board under section 3319.61 of the Revised Code;	55716

(d) Either hold a valid certificate issued by the national	55717
board for professional teaching standards or meet the criteria for	55718
a master teacher or other criteria for a lead teacher adopted by	55719
the educator standards board under division (F)(4) or (5) of	55720
section 3319.61 of the Revised Code.	55721

(C) The state board shall align the standards and	55722
qualifications for obtaining a principal license with the	55723
standards for principals adopted by the state board under section	55724
3319.61 of the Revised Code.	55725

(D) If the state board requires any examinations for educator	55726
licensure, the department of education shall provide the results	55727
of such examinations received by the department to the chancellor	55728
of the Ohio board of regents, in the manner and to the extent	55729
permitted by state and federal law.	55730

~~(B)~~(E) Any rules the state board of education adopts, amends,	55731
or rescinds for educator licenses under this section, division (D)	55732
of section 3301.07 of the Revised Code, or any other law shall be	55733
adopted, amended, or rescinded under Chapter 119. of the Revised	55734
Code except as follows:	55735

(1) Notwithstanding division (D) of section 119.03 and	55736
division (A)(1) of section 119.04 of the Revised Code, in the case	55737
of the adoption of any rule or the amendment or rescission of any	55738
rule that necessitates institutions' offering ~~teacher~~ preparation	55739
programs for educators and other school personnel that are	55740
approved by the ~~state board of education~~chancellor of the Ohio	55741
board of regents under section ~~3319.23~~3333.048 of the Revised	55742
Code to revise the curriculum of those programs, the effective	55743
date shall not be as prescribed in division (D) of section 119.03	55744
and division (A)(1) of section 119.04 of the Revised Code.	55745
Instead, the effective date of such rules, or the amendment or	55746
rescission of such rules, shall be the date prescribed by section	55747
~~3319.23~~3333.048 of the Revised Code.	55748

(2) Notwithstanding the authority to adopt, amend, or rescind	55749
emergency rules in division (F) of section 119.03 of the Revised	55750
Code, this authority shall not apply to the state board of	55751
education with regard to rules for educator licenses.	55752

~~(C)~~(F)(1) The rules adopted under this section establishing	55753
standards requiring additional coursework for the renewal of any	55754
educator license shall require a school district and a chartered	55755
nonpublic school to establish local professional development	55756
committees. In a nonpublic school, the chief administrative	55757
officer shall establish the committees in any manner acceptable to	55758
such officer. The committees established under this division shall	55759
determine whether coursework that a district or chartered	55760
nonpublic school teacher proposes to complete meets the	55761
requirement of the rules. The department of education shall	55762
provide technical assistance and support to committees as the	55763
committees incorporate the professional development standards	55764
adopted by the state board of education pursuant to section	55765
3319.61 of the Revised Code into their review of coursework that	55766
is appropriate for license renewal. The rules shall establish a	55767
procedure by which a teacher may appeal the decision of a local	55768
professional development committee.	55769

(2) In any school district in which there is no exclusive	55770
representative established under Chapter 4117. of the Revised	55771
Code, the professional development committees shall be established	55772
as described in division ~~(C)~~(F)(2) of this section.	55773

Not later than the effective date of the rules adopted under	55774
this section, the board of education of each school district shall	55775
establish the structure for one or more local professional	55776
development committees to be operated by such school district. The	55777
committee structure so established by a district board shall	55778
remain in effect unless within thirty days prior to an anniversary	55779
of the date upon which the current committee structure was	55780
established, the board provides notice to all affected district	55781
employees that the committee structure is to be modified.	55782
Professional development committees may have a district-level or	55783
building-level scope of operations, and may be established with	55784
regard to particular grade or age levels for which an educator	55785
license is designated.	55786

Each professional development committee shall consist of at	55787
least three classroom teachers employed by the district, one	55788
principal employed by the district, and one other employee of the	55789
district appointed by the district superintendent. For committees	55790
with a building-level scope, the teacher and principal members	55791
shall be assigned to that building, and the teacher members shall	55792
be elected by majority vote of the classroom teachers assigned to	55793
that building. For committees with a district-level scope, the	55794
teacher members shall be elected by majority vote of the classroom	55795
teachers of the district, and the principal member shall be	55796
elected by a majority vote of the principals of the district,	55797
unless there are two or fewer principals employed by the district,	55798
in which case the one or two principals employed shall serve on	55799
the committee. If a committee has a particular grade or age level	55800
scope, the teacher members shall be licensed to teach such grade	55801
or age levels, and shall be elected by majority vote of the	55802
classroom teachers holding such a license and the principal shall	55803
be elected by all principals serving in buildings where any such	55804
teachers serve. The district superintendent shall appoint a	55805
replacement to fill any vacancy that occurs on a professional	55806
development committee, except in the case of vacancies among the	55807
elected classroom teacher members, which shall be filled by vote	55808
of the remaining members of the committee so selected.	55809

Terms of office on professional development committees shall	55810
be prescribed by the district board establishing the committees.	55811
The conduct of elections for members of professional development	55812
committees shall be prescribed by the district board establishing	55813
the committees. A professional development committee may include	55814
additional members, except that the majority of members on each	55815
such committee shall be classroom teachers employed by the	55816
district. Any member appointed to fill a vacancy occurring prior	55817
to the expiration date of the term for which a predecessor was	55818
appointed shall hold office as a member for the remainder of that	55819
term.	55820

The initial meeting of any professional development	55821
committee, upon election and appointment of all committee members,	55822
shall be called by a member designated by the district	55823
superintendent. At this initial meeting, the committee shall	55824
select a chairperson and such other officers the committee deems	55825
necessary, and shall adopt rules for the conduct of its meetings.	55826
Thereafter, the committee shall meet at the call of the	55827
chairperson or upon the filing of a petition with the district	55828
superintendent signed by a majority of the committee members	55829
calling for the committee to meet.	55830

(3) In the case of a school district in which an exclusive	55831
representative has been established pursuant to Chapter 4117. of	55832
the Revised Code, professional development committees shall be	55833
established in accordance with any collective bargaining agreement	55834
in effect in the district that includes provisions for such	55835
committees.	55836

If the collective bargaining agreement does not specify a	55837
different method for the selection of teacher members of the	55838
committees, the exclusive representative of the district's	55839
teachers shall select the teacher members.	55840

If the collective bargaining agreement does not specify a	55841
different structure for the committees, the board of education of	55842
the school district shall establish the structure, including the	55843
number of committees and the number of teacher and administrative	55844
members on each committee; the specific administrative members to	55845
be part of each committee; whether the scope of the committees	55846
will be district levels, building levels, or by type of grade or	55847
age levels for which educator licenses are designated; the lengths	55848
of terms for members; the manner of filling vacancies on the	55849
committees; and the frequency and time and place of meetings.	55850
However, in all cases, except as provided in division ~~(C)~~(F)(4) of	55851
this section, there shall be a majority of teacher members of any	55852
professional development committee, there shall be at least five	55853
total members of any professional development committee, and the	55854
exclusive representative shall designate replacement members in	55855
the case of vacancies among teacher members, unless the collective	55856
bargaining agreement specifies a different method of selecting	55857
such replacements.	55858

(4) Whenever an administrator's coursework plan is being	55859
discussed or voted upon, the local professional development	55860
committee shall, at the request of one of its administrative	55861
members, cause a majority of the committee to consist of	55862
administrative members by reducing the number of teacher members	55863
voting on the plan.	55864

~~(D)~~(G)(1) The department of education, educational service	55865
centers, county boards of mental retardation and developmental	55866
disabilities, regional professional development centers, special	55867
education regional resource centers, college and university	55868
departments of education, head start programs, the eTech Ohio	55869
commission, and the Ohio education computer network may establish	55870
local professional development committees to determine whether the	55871
coursework proposed by their employees who are licensed or	55872
certificated under this section or section 3319.222 of the Revised	55873
Code, or under the former version of either section as it existed	55874
prior to the effective date of this amendment, meet the	55875
requirements of the rules adopted under this section. They may	55876
establish local professional development committees on their own	55877
or in collaboration with a school district or other agency having	55878
authority to establish them.	55879

Local professional development committees established by	55880
county boards of mental retardation and developmental disabilities	55881
shall be structured in a manner comparable to the structures	55882
prescribed for school districts in divisions ~~(C)~~(F)(2) and (3) of	55883
this section, as shall the committees established by any other	55884
entity specified in division ~~(D)~~(G)(1) of this section that	55885
provides educational services by employing or contracting for	55886
services of classroom teachers licensed or certificated under this	55887
section or section 3319.222 of the Revised Code, or under the	55888
former version of either section as it existed prior to the	55889
effective date of this amendment. All other entities specified in	55890
division ~~(D)~~(G)(1) of this section shall structure their	55891
committees in accordance with guidelines which shall be issued by	55892
the state board.	55893

(2) Any public agency that is not specified in division	55894
~~(D)~~(G)(1) of this section but provides educational services and	55895
employs or contracts for services of classroom teachers licensed	55896
or certificated under this section or section 3319.222 of the	55897
Revised Code, or under the former version of either section as it	55898
existed prior to the effective date of this amendment, may	55899
establish a local professional development committee, subject to	55900
the approval of the department of education. The committee shall	55901
be structured in accordance with guidelines issued by the state	55902
board.	55903

Sec. 3319.221. (A) The state board of education shall adopt	55904
rules establishing the standards and requirements for obtaining a	55905
school nurse license and a school nurse wellness coordinator	55906
license. At a minimum, the rules shall require that an applicant	55907
for a school nurse license be licensed as a registered nurse under	55908
Chapter 4723. of the Revised Code.	55909

(B) If the state board requires any examinations for	55910
licensure under this section, the department of education shall	55911
provide the examination results received by the department to the	55912
chancellor of the Ohio board of regents, in the manner and to the	55913
extent permitted by state and federal law.	55914

(C) Any rules for licenses described in this section that the	55915
state board adopts, amends, or rescinds under this section,	55916
division (D) of section 3301.07 of the Revised Code, or any other	55917
law shall be adopted, amended, or rescinded under Chapter 119. of	55918
the Revised Code, except that the authority to adopt, amend, or	55919
rescind emergency rules under division (F) of section 119.03 of	55920
the Revised Code shall not apply to the state board with respect	55921
to rules for licenses described in this section.	55922

(D) Any registered nurse employed by a school district in the	55923
capacity of school nurse on January 1, 1973, or any registered	55924
nurse employed by a city or general health district on January 1,	55925
1973, to serve full-time in the capacity of school nurse in one or	55926
more school districts, shall be considered to have fulfilled the	55927
requirements for the issuance of a school nurse license under this	55928
section ~~3319.22 of the Revised Code~~.	55929

Sec. 3319.222. (A) Notwithstanding the amendments to and	55930
repeal of statutes by the act that enacted this section, the state	55931
board of education shall accept applications for new, and renewal	55932
and upgrade of, temporary, associate, provisional, and	55933
professional educator licenses, alternative educator licenses,	55934
one-year conditional teaching permits, and school nurse licenses	55935
through December 31, 2010, and issue them on the basis of the	55936
applications received by that date in accordance with the former	55937
statutes in effect immediately prior to amendment or repeal by the	55938
act that enacted this section.	55939

(B) A permanent teacher's certificate issued under former	55940
sections 3319.22 to 3319.31 of the Revised Code prior to October	55941
29, 1996, or under former section 3319.222 of the Revised Code as	55942
it existed prior to the effective date of this section, shall be	55943
valid for teaching in the subject areas and grades for which the	55944
certificate was issued, except as the certificate is limited,	55945
suspended, or revoked under section 3319.31 of the Revised Code.	55946

(C) The following certificates, permits, or licenses shall be	55947
valid until the certificate, permit, or license expires for	55948
teaching in the subject areas and grades for which the	55949
certificate, permit, or license was issued, except as the	55950
certificate, permit, or license is limited, suspended, or revoked	55951
under section 3319.31 of the Revised Code:	55952

(1) Any professional teacher's certificate issued under	55953
former section 3319.222 of the Revised Code, as it existed prior	55954
to the effective date of this section;	55955

(2) Any temporary, associate, provisional, or professional	55956
educator license issued under former section 3319.22 of the	55957
Revised Code, as it existed prior to the effective date of this	55958
section, or under division (A) of this section;	55959

(3) Any alternative educator license issued under former	55960
section 3319.26 of the Revised Code, as it existed prior to the	55961
effective date of this section, or under division (A) of this	55962
section;	55963

(4) Any one-year conditional teaching permit issued under	55964
former section 3319.302 or 3319.304 of the Revised Code, as it	55965
existed prior to the effective date of this section, or under	55966
division (A) of this section.	55967

(D) Any school nurse license issued under former section	55968
3319.22 of the Revised Code, as it existed prior to the effective	55969
date of this section, or under division (A) of this section shall	55970
be valid until the license expires for employment as a school	55971
nurse, except as the license is limited, suspended, or revoked	55972
under section 3319.31 of the Revised Code.	55973

(E) Nothing in this section shall be construed to prohibit a	55974
person from applying to the state board for an educator license	55975
issued under section 3319.22 of the Revised Code, a school nurse	55976
license or a school nurse wellness coordinator license issued	55977
under section 3319.221 of the Revised Code, or an alternative	55978
resident educator license issued under section 3319.26 of the	55979
Revised Code, as the section exists on and after the effective	55980
date of this section.	55981

(F) On and after the effective date of this section, any	55982
reference in the Revised Code to educator licensing is hereby	55983
deemed to refer also to certification or licensure under divisions	55984
(A) to (D) of this section.	55985

Sec. 3319.223. (A) Not later than January 1, 2011, the	55986
superintendent of public instruction and the chancellor of the	55987
Ohio board of regents jointly shall establish the Ohio teacher	55988
residency program, which shall be a four-year, entry-level program	55989
for classroom teachers. The teacher residency program shall	55990
include at least the following components:	55991

(1) Mentoring by teachers who hold a lead professional	55992
educator license issued under section 3319.22 of the Revised Code;	55993

(2) Counseling to ensure that program participants receive	55994
needed professional development;	55995

(3) Measures of appropriate progression through the program.

55996

(B) The teacher residency program shall be aligned with the	55997
standards for teachers adopted by the state board of education	55998
under section 3319.61 of the Revised Code and best practices	55999
identified by the superintendent of public instruction.	56000

(C) Each person who holds a resident educator license issued	56001
under section 3319.22 of the Revised Code or an alternative	56002
resident educator license issued under section 3319.26 of the	56003
Revised Code shall participate in the teacher residency program.	56004
Successful completion of the program shall be required to qualify	56005
any such person for a professional educator license issued under	56006
section 3319.22 of the Revised Code.	56007

Sec. 3319.234. The teacher quality partnership, a consortium	56008
of teacher preparation programs that have been approved by the	56009
~~state board of education~~chancellor of the Ohio board of regents	56010
under section ~~3319.23~~3333.048 of the Revised Code, shall study	56011
the relationship of teacher performance on educator licensure	56012
assessments, as adopted by the state board of education under	56013
section 3319.22 of the Revised Code, to teacher effectiveness in	56014
the classroom. Not later than September 1, 2008, the partnership	56015
shall begin submitting annual data reports along with any other	56016
data on teacher effectiveness the partnership determines	56017
appropriate to the governor, the president and minority leader of	56018
the senate, the speaker and minority leader of the house of	56019
representatives, the chairpersons and ranking minority members of	56020
the standing committees of the senate and the house of	56021
representatives that consider education legislation, the	56022
superintendent of public instruction, the state board of	56023
education, the chancellor of the Ohio board of regents, and the	56024
partnership for continued learning.	56025

Sec. 3319.235. (A) The standards for the preparation of	56026
teachers adopted under section ~~3319.23~~3333.048 of the Revised	56027
Code shall require any institution that provides a course of study	56028
for the training of teachers to ensure that graduates of such	56029
course of study are skilled at integrating educational technology	56030
in the instruction of children, as evidenced by the graduate	56031
having either demonstrated proficiency in such skills in a manner	56032
prescribed by the department of education or completed a course	56033
that includes training in such skills.	56034

(B) The eTech Ohio commission shall establish model	56035
professional development programs to assist teachers who completed	56036
their teacher preparation prior to the effective date of division	56037
(A) of this section to become skilled at integrating educational	56038
technology in the instruction of children. The commission shall	56039
provide technical assistance to school districts wishing to	56040
establish such programs.	56041

Sec. 3319.24. This section does not apply to any applicant	56042
for an educator license that is designed for persons specializing	56043
in teaching children in kindergarten through twelfth grade, or the	56044
equivalent, in the area of dance, drama, theater, music, visual	56045
arts, or physical education or a specialty area substantially	56046
equivalent to any of these when such applicant will be teaching	56047
children in the specialty area specified in the license.	56048

(A) As used in this section:

56049

(1) "Coursework in the teaching of reading" means coursework	56050
that includes training in a range of instructional strategies for	56051
teaching reading, in the assessment of reading skills, and in the	56052
diagnosis and remediation of reading difficulties;	56053

(2) "Phonics" means the techniques and strategies used to	56054
teach children to match, blend, and translate letters of the	56055
alphabet into the sounds they represent, which techniques and	56056
strategies are systematically integrated and thoroughly practiced	56057
in a developmentally appropriate instructional program to assist	56058
the child in learning to read, write, and spell;	56059

(3) "Course in the teaching of phonics" means a course	56060
providing the background necessary for effectively teaching and	56061
assessing phonics, phonemic awareness, and word recognition,	56062
including, but not limited to, the following topics:	56063

(a) Phonological and morphological underpinnings of English	56064
spellings and the history thereof;	56065

(b) The nature and role of word recognition in proficient	56066
reading;	56067

(c) Methods and rationale for the instruction of phonemic	56068
awareness, decoding, spelling, and the application thereof in	56069
reading and writing;	56070

(d) Methods and rationale for the assessment of phonemic	56071
awareness, decoding, spelling, and the application thereof in	56072
reading and writing;	56073

(e) The relation of deficits in phonemic awareness, decoding,	56074
spelling, and word recognition to reading disabilities;	56075

(4) "Phonemic awareness" means the awareness of sounds that	56076
make up spoken words and the ability to use this awareness of	56077
sounds in reading.	56078

(B) The rules adopted under ~~division (A) of~~ section 3319.22	56079
of the Revised Code shall require an applicant for ~~an initial~~	56080
~~provisional~~a resident educator license designated for teaching	56081
children in grades kindergarten through six or the equivalent to	56082
have successfully completed at least six semester hours, or the	56083
equivalent, of coursework in the teaching of reading that includes	56084
at least one separate course of at least three semester hours, or	56085
the equivalent, in the teaching of phonics in the context of	56086
reading, writing, and spelling. In addition, such rules shall	56087
require that such license be granted for a period of not more than	56088
~~two~~four years, and shall require that the ~~first renewal~~	56089
subsequent issuance of ~~such~~a professional educator license be	56090
contingent upon the ~~license holder~~applicant having completed six	56091
additional semester hours or the equivalent of coursework in the	56092
teaching of reading. The rules shall permit ~~a license holder~~ an	56093
applicant to apply undergraduate coursework in order to meet ~~such~~	56094
~~renewal~~this requirement for additional coursework.	56095

Sec. 3319.25. Any teacher performance assessment entity with	56096
which the department of education or the state board of education	56097
contracts or any independent agent with whom such entity, the	56098
department, or the state board contracts to provide services as a	56099
teacher performance assessor, trainer of assessors, or assessment	56100
coordinator is not liable for damages in a civil action concerning	56101
the actions of such entity or agent made in the conduct of a	56102
teacher performance assessment unless those actions were conducted	56103
with malicious purpose, in bad faith, or in a wanton or reckless	56104
manner.	56105

As used in this section, "teacher performance assessment"	56106
means an assessment prescribed by the state board of education to	56107
measure the classroom performance of a teacher who is a candidate	56108
for ~~a professional educator license~~licensure based on	56109
observations conducted by a trained assessor while the teacher is	56110
engaged in actual classroom instruction.	56111

Sec. 3319.26. (A) The state board of education shall adopt	56112
rules establishing the standards and requirements for obtaining an	56113
alternative resident educator license for teaching in grades ~~seven~~	56114
four to twelve, or the equivalent, in a designated subject area.	56115
However, an alternative resident educator license in the area of	56116
intervention specialist, as defined by rule of the state board,	56117
shall be valid for teaching in grades kindergarten to twelve.	56118

(B)~~(1)~~The superintendent of public instruction and the	56119
chancellor of the Ohio board of regents jointly shall develop an	56120
intensive pedagogical training institute to provide instruction in	56121
the principles and practices of teaching for individuals seeking	56122
an alternative resident educator license. The instruction shall	56123
cover such topics as student development and learning, pupil	56124
assessment procedures, curriculum development, classroom	56125
management, and teaching methodology.	56126

(C) The rules adopted under this section shall require	56127
applicants for the alternative resident educator license to	56128
satisfy the following conditions prior to issuance of the	56129
license:	56130

~~(a)~~(1) Hold a minimum of a baccalaureate degree;

56131

~~(b)~~(2) Successfully complete ~~three semester hours or the~~	56132
~~equivalent of college coursework in the developmental~~	56133
~~characteristics of adolescent youths and three semester hours or~~	56134
~~the equivalent in teaching methods~~the pedagogical training	56135
institute described in division (B) of this section;	56136

~~(c)~~(3) Pass an examination in the subject area for which	56137
application is being made.	56138

~~(2)~~(D) An alternative resident educator license shall be	56139
valid for ~~two~~four years and shall not be renewable.	56140

~~(3)~~(E) The rules shall require the holder of an alternative	56141
resident educator license, as a condition of continuing to hold	56142
the license, to ~~show~~do all of the following:	56143

(1) Participate in the Ohio teacher residency program	56144
established under section 3319.223 of the Revised Code;	56145

(2) Show satisfactory progress in taking and successfully	56146
completing within ~~two~~four years at least twelve additional	56147
semester hours, or the equivalent, of college coursework in the	56148
principles and practices of teaching in such topics as student	56149
development and learning, pupil assessment procedures, curriculum	56150
development, classroom management, and teaching methodology;	56151

(3) Take an assessment of professional knowledge in the	56152
second year of teaching under the license.	56153

~~(C)~~(F) The rules shall provide for the granting of a	56154
~~provisional~~professional educator license to a holder of an	56155
alternative resident educator license upon successfully completing	56156
all of the following:	56157

(1) ~~Two~~Four years of teaching under the alternative license;

56158

(2) The twelve semester hours, or the equivalent, of the	56159
additional college coursework described in division ~~(B)(3)~~(E)(2)	56160
of this section;	56161

(3) The assessment of professional knowledge ~~that is~~	56162
~~required of other applicants for a provisional educator license~~	56163
described in division (E)(3) of this section. The standards for	56164
successfully completing this assessment and the manner of	56165
conducting the assessment shall be the same as for any other	56166
~~applicant for a provisional educator license~~individual who is	56167
required to take the assessment pursuant to rules adopted by the	56168
state board under section 3319.22 of the Revised Code.	56169

(4) The Ohio teacher residency program;

56170

(5) All other requirements for a professional educator	56171
license adopted by the state board under section 3319.22 of the	56172
Revised Code.	56173

Sec. 3319.261. An individual who otherwise qualifies for an	56174
alternative resident educator license for employment as an	56175
intervention specialist as authorized under section 3319.26 of the	56176
Revised Code shall be issued such license without successful	56177
completion of the examination specified in division	56178
~~(B)(1)(c)~~(C)(3) of section 3319.26 of the Revised Code. The	56179
individual to whom the alternative resident educator license is	56180
issued under this section shall be required to successfully	56181
complete that examination prior to issuance of a ~~provisional~~	56182
professional educator license as provided in division ~~(C)~~(F) of	56183
section 3319.26 of the Revised Code only after completing the	56184
coursework prescribed in division ~~(B)(3)~~(E)(2) of that section.	56185

Sec. 3319.28. (A) As used in this section, "STEM school"	56186
means a science, technology, engineering, and mathematics school	56187
established under Chapter 3326. of the Revised Code.	56188

(B) Notwithstanding any other provision of the Revised Code	56189
or any rule adopted by the state board of education to the	56190
contrary, the state board shall issue a two-year provisional	56191
educator license for teaching science, technology, engineering,	56192
or mathematics in grades six through twelve in a STEM school to	56193
any applicant who meets the following conditions:	56194

(1) Holds a bachelor's degree from an accredited institution	56195
of higher education in a field related to the subject area to be	56196
taught;	56197

(2) Has passed an examination prescribed by the state board	56198
in the subject area to be taught.	56199

(C) The holder of a provisional educator license issued under	56200
this section shall complete a structured apprenticeship program	56201
provided by an educational service center or a teacher preparation	56202
program approved under section ~~3319.23~~3333.048 of the Revised	56203
Code, in partnership with the STEM school that employs the	56204
license holder. The apprenticeship program shall include the	56205
following:	56206

(1) Mentoring by a teacher or administrator who regularly	56207
observes the license holder's classroom instruction, provides	56208
feedback on the license holder's teaching strategies and classroom	56209
management, and engages the license holder in discussions about	56210
methods for fostering and measuring student learning;	56211

(2) Regularly scheduled seminars or meetings that address the	56212
following topics:	56213

(a) The statewide academic standards adopted by the state	56214
board under section 3301.079 of the Revised Code and the	56215
importance of aligning curriculum with those standards;	56216

(b) The achievement ~~tests~~assessments prescribed by section	56217
3301.0710 of the Revised Code;	56218

(c) The school district and building accountability system	56219
established under Chapter 3302. of the Revised Code;	56220

(d) Instructional methods and strategies;

56221

(e) Student development;

56222

(f) Assessing student progress and providing remediation and	56223
intervention, as necessary, to meet students' special needs;	56224

(g) Classroom management and record keeping.

56225

(D) After two years of teaching under a provisional educator	56226
license issued under this section, a person may apply for a	56227
five-year professional educator license in the same subject area	56228
named in the provisional license. The state board shall issue the	56229
applicant a professional educator license if the applicant meets	56230
the following conditions:	56231

(1) The applicant completed the apprenticeship program	56232
described in division (C) of this section.	56233

(2) The applicant receives a positive recommendation	56234
indicating that the applicant is an effective teacher from both of	56235
the following:	56236

(a) The chief administrative officer of the STEM school that	56237
most recently employed the applicant as a classroom teacher;	56238

(b) The educational service center or teacher preparation	56239
program administrator in charge of the apprenticeship program	56240
completed by the applicant.	56241

(3) The applicant meets all other requirements for a	56242
professional educator license adopted by the state board under	56243
section 3319.22 of the Revised Code.	56244

(E) The department of education shall evaluate the	56245
experiences of STEM schools with classroom teachers holding	56246
provisional educator licenses issued under this section. The	56247
evaluation shall cover the first two school years for which	56248
licenses are issued and shall consider at least the schools'	56249
satisfaction with the teachers and the operation of the	56250
apprenticeship programs.	56251

Sec. 3319.291. (A) The state board of education shall	56252
require each of the following persons, at the times prescribed by	56253
division (A) of this section, to submit two complete sets of	56254
fingerprints and written permission that authorizes the	56255
superintendent of public instruction to forward the fingerprints	56256
to the bureau of criminal identification and investigation	56257
pursuant to division (F) of section 109.57 of the Revised Code and	56258
that authorizes that bureau to forward the fingerprints to the	56259
federal bureau of investigation for purposes of obtaining any	56260
criminal records that the federal bureau maintains on the person:	56261

(1) Any person initially applying for any certificate,	56262
license, or permit described in this chapter or in division (B) of	56263
section 3301.071 or in section 3301.074 of the Revised Code at	56264
the time that application is made;	56265

(2) Any person applying for renewal of any certificate,	56266
license, or permit described in division (A)(1) of this section at	56267
the time that application is made;	56268

(3) Any person who is teaching under a professional teaching	56269
certificate issued under former ~~section 3319.22 or under~~ section	56270
3319.222 of the Revised Code upon a date prescribed by the state	56271
board;	56272

(4) Any person who is teaching under a permanent teaching	56273
certificate issued under former section 3319.22 as it existed	56274
prior to October 29, 1996, or under former section 3319.222 of	56275
the Revised Code upon a date prescribed by the state board and	56276
every five years thereafter.	56277

(B) Except as provided in division (C) of this section, prior	56278
to issuing or renewing any certificate, license, or permit	56279
described in division (A)(1) or (2) of this section and in the	56280
case of a person required to submit fingerprints and written	56281
permission under division (A)(3) or (4) of this section, the state	56282
board or the superintendent of public instruction shall request	56283
the superintendent of the bureau of criminal identification and	56284
investigation to investigate and determine whether the bureau has	56285
any information, gathered pursuant to division (A) of section	56286
109.57 of the Revised Code, pertaining to any person submitting	56287
fingerprints and written permission under this section and to	56288
obtain any criminal records that the federal bureau of	56289
investigation has on the person.	56290

(C) The state board or the superintendent of public	56291
instruction may choose not to request any information required by	56292
division (B) of this section if the person applying for the	56293
issuance or renewal of a certificate, license, or permit described	56294
in division (A)(1) or (2) of this section or the person required	56295
to submit fingerprints and written permission under division	56296
(A)(3) or (4) of this section provides proof that a criminal	56297
records check was conducted on the person as a condition of	56298
employment pursuant to section 3319.39 of the Revised Code within	56299
the immediately preceding year. The state board or the	56300
superintendent of public instruction may accept a certified copy	56301
of records that were issued by the bureau of criminal	56302
identification and investigation and that are presented by a	56303
person applying for the issuance or renewal of a certificate,	56304
license, or permit described in this section in lieu of requesting	56305
that information under division (B) of this section if the records	56306
were issued by the bureau within the immediately preceding year.	56307

(D)(1) If a person described in division (A)(3) or (4) of	56308
this section fails to submit fingerprints and written permission	56309
by the date specified in the applicable division, and the state	56310
board or the superintendent of public instruction does not apply	56311
division (C) of this section to the person, the superintendent	56312
shall prepare a written notice stating that if the person does not	56313
submit the fingerprints and written permission within fifteen days	56314
after the date the notice was mailed, the person's professional or	56315
permanent teaching certificate will be inactivated. The	56316
superintendent shall send the notification by regular mail to the	56317
person's last known residence address or last known place of	56318
employment, as indicated in the department of education's records,	56319
or both.	56320

If the person fails to submit the fingerprints and written	56321
permission within fifteen days after the date the notice was	56322
mailed, the superintendent of public instruction, on behalf of the	56323
state board, shall issue a written order inactivating the person's	56324
professional or permanent teaching certificate. The inactivation	56325
shall remain in effect until the person submits the fingerprints	56326
and written permission. The superintendent shall send the order by	56327
regular mail to the person's last known residence address or last	56328
known place of employment, as indicated in the department's	56329
records, or both. The order shall state the reason for the	56330
inactivation and shall explain that the inactivation remains in	56331
effect until the person complies with division (A) of this	56332
section.	56333

The inactivation of a professional or permanent teaching	56334
certificate under division (D)(1) of this section does not	56335
constitute a suspension or revocation of the certificate by the	56336
state board under section 3319.31 of the Revised Code and the	56337
state board and the superintendent of public instruction need not	56338
provide the person with an opportunity for a hearing with respect	56339
to the inactivation.	56340

(2) If a person whose professional or permanent teaching	56341
certificate has been inactivated under division (D)(1) of this	56342
section submits fingerprints and written permission as required by	56343
division (A) of this section, the superintendent of public	56344
instruction, on behalf of the state board, shall issue a written	56345
order reactivating the certificate. The superintendent shall send	56346
the order to the person by regular mail.	56347

(E) Notwithstanding divisions (A) and (B) of this section, if	56348
a person holds more than one certificate, license, or permit	56349
described in division (A)(1) of this section, the following shall	56350
apply:	56351

(1) If the certificates, licenses, or permits are of	56352
different durations, the person shall be subject to divisions	56353
(A)(2) and (B) of this section only when applying for renewal of	56354
the certificate, license, or permit that is of the longest	56355
duration. Prior to renewing any certificate, license, or permit	56356
with a shorter duration, the state board or the superintendent of	56357
public instruction shall determine whether the department of	56358
education has received any information about the person pursuant	56359
to section 109.5721 of the Revised Code, but the person shall not	56360
be subject to division (A)(2) or (B) of this section as long as	56361
the person's certificate, license, or permit with the longest	56362
duration is valid.	56363

(2) If the certificates, licenses, or permits are of the same	56364
duration but do not expire in the same year, the person shall	56365
designate one of the certificates, licenses, or permits as the	56366
person's primary certificate, license, or permit and shall notify	56367
the department of that designation. The person shall be subject to	56368
divisions (A)(2) and (B) of this section only when applying for	56369
renewal of the person's primary certificate, license, or permit.	56370
Prior to renewing any certificate, license, or permit that is not	56371
the person's primary certificate, license, or permit, the state	56372
board or the superintendent of public instruction shall determine	56373
whether the department has received any information about the	56374
person pursuant to section 109.5721 of the Revised Code, but the	56375
person shall not be subject to division (A)(2) or (B) of this	56376
section as long as the person's primary certificate, license, or	56377
permit is valid.	56378

(3) If the certificates, licenses, or permits are of the same	56379
duration and expire in the same year and the person applies for	56380
renewal of the certificates, licenses, or permits at the same	56381
time, the state board or the superintendent of public instruction	56382
shall request only one criminal records check of the person under	56383
division (B) of this section.	56384

Sec. 3319.303. (A) The state board of education shall adopt	56385
rules establishing standards and requirements for obtaining a	56386
pupil-activity program permit for any individual who does not hold	56387
a valid educator license, certificate, or permit issued by the	56388
state board under section 3319.22, 3319.26, or 3319.27~~, 3319.302,~~	56389
~~or 3319.304~~ of the Revised Code. The permit issued under this	56390
section shall be valid for coaching, supervising, or directing a	56391
pupil-activity program under section 3313.53 of the Revised Code.	56392
Subject to the provisions of section 3319.31 of the Revised Code,	56393
a permit issued under this section shall be valid for three years	56394
and shall be renewable.	56395

(B) The state board shall adopt rules applicable to	56396
individuals who hold valid educator licenses, certificates, or	56397
permits issued by the state board under section 3319.22, 3319.26,	56398
or 3319.27~~, 3319.302, or 3319.304~~ of the Revised Code setting	56399
forth standards to assure any such individual's competence to	56400
direct, supervise, or coach a pupil-activity program. The rules	56401
adopted under this division shall not be more stringent than the	56402
standards set forth in rules applicable to individuals who do not	56403
hold such licenses, certificates, or permits adopted under	56404
division (A) of this section.	56405

Sec. 3319.36. (A) No treasurer of a board of education or	56406
educational service center shall draw a check for the payment of a	56407
teacher for services until the teacher files with the treasurer	56408
both of the following:	56409

(1) Such reports as are required by the state board of	56410
education, the school district board of education, or the	56411
superintendent of schools;	56412

(2) Except for a teacher who is engaged pursuant to section	56413
3319.301 of the Revised Code, a written statement from the city,	56414
exempted village, or local school district superintendent or the	56415
educational service center superintendent that the teacher has	56416
filed with the treasurer a legal educator license, or true copy of	56417
it, to teach the subjects or grades taught, with the dates of its	56418
validity. The state board of education shall prescribe the record	56419
and administration for such filing of educator licenses in	56420
educational service centers.	56421

(B) Notwithstanding division (A) of this section, the	56422
treasurer may pay either of the following:	56423

(1) Any teacher for services rendered during the first two	56424
months of the teacher's initial employment with the school	56425
district or educational service center, provided such teacher is	56426
the holder of a bachelor's degree or higher and has filed with the	56427
state board of education an application for the issuance of a	56428
~~provisional or professional~~an educator license described in	56429
division (A)(1) of section 3319.22 of the Revised Code.	56430

(2) Any substitute teacher for services rendered while	56431
conditionally employed under section 3319.101 of the Revised Code.	56432

(C) Upon notice to the treasurer given by the state board of	56433
education or any superintendent having jurisdiction that reports	56434
required of a teacher have not been made, the treasurer shall	56435
withhold the salary of the teacher until the required reports are	56436
completed and furnished.	56437

Sec. 3319.41. (A)~~(1) Beginning September 1, 1994, and except~~	56438
~~as provided in division (C) of this section, no~~No person employed	56439
or engaged as a teacher, principal, administrator, nonlicensed	56440
school employee, or bus driver in a public or chartered nonpublic	56441
school may inflict or cause to be inflicted corporal punishment	56442
as a means of discipline upon a pupil attending such school,	56443
~~unless the board of education of the school district in which the~~	56444
~~school is located adopts a resolution no later than September 1,~~	56445
~~1994, to permit corporal punishment as a means of discipline and~~	56446
~~does not adopt a resolution prohibiting corporal punishment~~	56447
~~pursuant to division (B) of this section. No board shall adopt a~~	56448
~~resolution permitting corporal punishment before receiving and~~	56449
~~studying the report of the local discipline task force appointed~~	56450
~~under division (A)(2) of this section.~~	56451

~~(2) The board of education of each city, local, exempted~~	56452
~~village, and joint vocational school district that has not adopted~~	56453
~~a rule prohibiting corporal punishment under section 3313.20 of~~	56454
~~the Revised Code prior to the effective date of this amendment~~	56455
~~shall appoint, and any board that has adopted a rule under that~~	56456
~~section prior to the effective date of this amendment may appoint,~~	56457
~~no later than April 1, 1994, a local discipline task force to~~	56458
~~conduct a study of effective discipline measures that are~~	56459
~~appropriate for that school district. Members of the task force~~	56460
~~shall include teachers, administrators, nonlicensed school~~	56461
~~employees, school psychologists, members of the medical~~	56462
~~profession, pediatricians when available, and representatives of~~	56463
~~parents' organizations.~~	56464

~~The task force shall hold meetings regularly. All meetings of~~	56465
~~the task force shall be open to the public and at least one of the~~	56466
~~meetings shall be for the purpose of inviting public~~	56467
~~participation. The board of education shall provide public notice~~	56468
~~of any public meeting of the task force in newspapers or other~~	56469
~~periodicals of general circulation in the school district. The~~	56470
~~task force shall report its findings and recommendations in~~	56471
~~writing to the board of education no later than July 15, 1994. The~~	56472
~~task force's written report must be available for inspection by~~	56473
~~the public at the board's offices for at least five years after~~	56474
~~being submitted to the board~~.	56475

(B)~~(1) At any time after September 1, 1996, the board of~~	56476
~~education of any city, local, exempted village, or joint~~	56477
~~vocational school district in which corporal punishment is~~	56478
~~permitted may adopt a resolution to prohibit corporal punishment.~~	56479
~~After the adoption of a resolution prohibiting corporal punishment~~	56480
~~pursuant to division (B)(1) of this section, the board of~~	56481
~~education of any city, local, exempted village, or joint~~	56482
~~vocational school district may adopt a resolution permitting~~	56483
~~corporal punishment after complying with division (B)(3) of this~~	56484
~~section.~~	56485

~~(2) At any time after September 1, 1998, the board of~~	56486
~~education of any city, local, exempted village, or joint~~	56487
~~vocational school district that did not adopt a resolution~~	56488
~~permitting corporal punishment as a means of discipline pursuant~~	56489
~~to division (A)(1) of this section may adopt a resolution~~	56490
~~permitting corporal punishment after complying with division~~	56491
~~(B)(3) of this section.~~	56492

~~(3)(a) The board of education of each city, local, exempted~~	56493
~~village, and joint vocational school district that intends to~~	56494
~~adopt a resolution permitting corporal punishment as a means of~~	56495
~~discipline pursuant to division (B)(1) or (2) of this section may~~	56496
~~adopt that resolution permitting corporal punishment as a means of~~	56497
~~discipline only after receiving and studying the report of the~~	56498
~~secondary local discipline task force appointed under division~~	56499
~~(B)(3)(b) of this section.~~	56500

~~(b) Any board of education described in division (B)(1) or~~	56501
~~(2) of this section that intends to adopt a resolution permitting~~	56502
~~corporal punishment as a means of discipline shall appoint a~~	56503
~~secondary local discipline task force to conduct a study of~~	56504
~~effective discipline measures that are appropriate for that school~~	56505
~~district. Membership on the secondary local discipline task force~~	56506
~~shall consist of the same types of persons that are required to be~~	56507
~~included as members of the local discipline task force pursuant to~~	56508
~~division (A)(2) of this section. The secondary local discipline~~	56509
~~task force shall follow the same procedures with respect to~~	56510
~~holding meetings, the provision of public notice, and the~~	56511
~~production and inspection of a written report of findings and~~	56512
~~recommendations that are applicable to the local discipline task~~	56513
~~force pursuant to division (A)(2) of this section, except that the~~	56514
~~secondary local discipline task force is not required to present~~	56515
~~its written report to the board of education on a date that is no~~	56516
~~later than July 15, 1994.~~	56517

~~(C) The prohibition of corporal punishment by division (A) of~~	56518
~~this section or by a resolution adopted under division (B) of this~~	56519
~~section does not prohibit the use of reasonable force or restraint~~	56520
~~in accordance with division (G) of this section.~~	56521

~~(D) If the board of education of any city, local, exempted~~	56522
~~village, or joint vocational school district does not prohibit~~	56523
~~corporal punishment on the effective date of this amendment but at~~	56524
~~any time after that date corporal punishment will be prohibited in~~	56525
~~the district pursuant to division (A)(1) or (B) of this section,~~	56526
~~the board shall do both of the following prior to the date on~~	56527
~~which the prohibition takes effect:~~	56528

~~(1) Adopt a disciplinary policy for the district that~~	56529
~~includes alternative disciplinary measures;~~	56530

~~(2) Consider what in-service training, if any, school~~	56531
~~district employees might need as part of implementing the policy~~	56532
~~adopted under division (D)(1) of this section.~~	56533

~~(E) A person employed or otherwise engaged as a teacher,~~	56534
~~principal, or administrator by a board of education permitting~~	56535
~~corporal punishment pursuant to division (A)(1) of this section or~~	56536
~~by a nonpublic school, except as otherwise provided by the~~	56537
~~governing authority of the nonpublic school, may inflict or cause~~	56538
~~to be inflicted reasonable corporal punishment upon a pupil~~	56539
~~attending the school to which the person is assigned whenever such~~	56540
~~punishment is reasonably necessary in order to preserve discipline~~	56541
~~while the student is subject to school authority.~~	56542

~~(F) A board of education of a school district that permits~~	56543
~~the use of corporal punishment as a means of discipline pursuant~~	56544
~~to a resolution adopted by the board pursuant to division (A)(1)~~	56545
~~of this section shall permit as part of its discipline policy the~~	56546
~~parents, guardian, or custodian of a child that is attending any~~	56547
~~school within the school district to request that corporal~~	56548
~~punishment not be used as a means of discipline on that child;~~	56549
~~upon the receipt of a request of that nature, shall ensure that an~~	56550
~~alternative disciplinary measure is applied with respect to that~~	56551
~~child; and shall include a procedure for the exercise of that~~	56552
~~option in the resolution adopted pursuant to division (A)(1) of~~	56553
~~this section.~~	56554

~~(G)~~ Persons employed or engaged as teachers, principals, or	56555
administrators in a school, whether public or private, and	56556
nonlicensed school employees and school bus drivers may, within	56557
the scope of their employment, use and apply such amount of force	56558
and restraint as is reasonable and necessary to quell a	56559
disturbance threatening physical injury to others, to obtain	56560
possession of weapons or other dangerous objects upon the person	56561
or within the control of the pupil, for the purpose of	56562
self-defense, or for the protection of persons or property.	56563

Sec. 3319.51. (A) The state board of education shall	56564
annually establish the amount of the fees required to be paid for	56565
any license, certificate, or permit issued under this chapter or	56566
division (B) of section 3301.071~~, under sections~~or section	56567
3301.074~~, 3319.088, 3319.29, 3319.302, and 3319.304, and under~~	56568
~~division (A) of section 3319.303~~ of the Revised Code. The amount	56569
of these fees shall be such that they, along with any	56570
appropriation made to the fund established under division (B) of	56571
this section, will be sufficient to cover the annual estimated	56572
cost of administering the ~~sections of law listed~~requirements	56573
described under division (B) of this section.	56574

(B) There is hereby established in the state treasury the	56575
state board of education licensure fund, which shall be used by	56576
the state board of education solely to pay the cost of	56577
administering requirements related to the issuance and renewal of	56578
licenses, certificates, and permits described in this chapter and	56579
sections 3301.071,and 3301.074~~, 3319.088, 3319.22, 3319.29,~~	56580
~~3319.291, 3319.301, 3319.302, 3319.303, 3319.304, and 3319.31~~ of	56581
the Revised Code. The fund shall consist of the amounts paid into	56582
the fund pursuant to division (B) of section 3301.071,and	56583
sections 3301.074~~, 3319.088,~~and 3319.29~~, 3319.302, and 3319.304,~~	56584
~~and division (A) of section 3319.303~~ of the Revised Code and any	56585
appropriations to the fund by the general assembly.	56586

Sec. 3319.56. The department of education shall identify	56587
promising practices in Ohio and throughout the country for	56588
engaging teachers certified by the national board for professional	56589
teaching standards, and ~~other master~~lead teachers~~, as defined~~who	56590
meet the criteria adopted by the educator standards board pursuant	56591
to section 3319.61 of the Revised Code, in ways that add value	56592
beyond their own classrooms. Practices identified by the	56593
department as promising may include placing national board	56594
certified and ~~master~~lead teachers in key roles in peer review	56595
programs; having such teachers serve as coaches, mentors, and	56596
trainers for other teachers; or having such teachers develop	56597
curricula or instructional integration strategies.	56598

Once the department has identified promising practices, the	56599
department shall inform all school districts of the practices by	56600
posting such information on the department's world wide web site.	56601

Sec. 3319.57. (A) A grant program is hereby established	56602
under which the department of education shall award grants to	56603
assist certain schools in a city, exempted village, local, or	56604
joint vocational school district in implementing one of the	56605
following innovations:	56606

(1) The use of instructional specialists to mentor and	56607
support classroom teachers;	56608

(2) The use of building managers to supervise the	56609
administrative functions of school operation so that a school	56610
principal can focus on supporting instruction, providing	56611
instructional leadership, and engaging teachers as part of the	56612
instructional leadership team;	56613

(3) The reconfiguration of school leadership structure in a	56614
manner that allows teachers to serve in leadership roles so that	56615
teachers may share the responsibility for making and implementing	56616
school decisions;	56617

(4) The adoption of new models for restructuring the school	56618
day or school year, such as including teacher planning and	56619
collaboration time as part of the school day;	56620

(5) The creation of smaller schools or smaller units within	56621
larger schools for the purpose of facilitating teacher	56622
collaboration to improve and advance the professional practice of	56623
teaching;	56624

(6) The implementation of "grow your own" recruitment	56625
strategies that are designed to assist individuals who show a	56626
commitment to education become licensed teachers, to assist	56627
experienced teachers obtain licensure in subject areas for which	56628
there is need, and to assist teachers in becoming principals;	56629

(7) The provision of better conditions for new teachers, such	56630
as reduced teaching load and reduced class size;	56631

(8) The provision of incentives to attract qualified	56632
mathematics, science, or special education teachers;	56633

(9) The development and implementation of a partnership with	56634
teacher preparation programs at colleges and universities to help	56635
attract teachers qualified to teach in shortage areas;	56636

(10) The implementation of a program to increase the cultural	56637
competency of both new and veteran teachers;	56638

(11) The implementation of a program to increase the subject	56639
matter competency of veteran teachers.	56640

(B) To qualify for a grant to implement one of the	56641
innovations described in division (A) of this section, a school	56642
must meet both of the following criteria:	56643

(1) Be hard to staff, as defined by the department.

56644

(2) Use existing school district funds for the implementation	56645
of the innovation in an amount equal to the grant amount	56646
multiplied by (1 - the district's state share percentage for the	56647
fiscal year in which the grant is awarded).	56648

For purposes of division (B)(2) of this section, "state share	56649
percentage" ~~shall be as calculated under section 3317.022 of the~~	56650
~~Revised Code, in the case of a city, local, or exempted village~~	56651
~~school district, or as calculated under section 3317.16~~has the	56652
same meaning as in section 3306.02 of the Revised Code~~, in the~~	56653
~~case of a joint vocational school district~~.	56654

(C) The amount and number of grants awarded under this	56655
section shall be determined by the department based on any	56656
appropriations made by the general assembly for grants under this	56657
section.	56658

(D) The state board of education shall adopt rules for the	56659
administration of this grant program.	56660

Sec. 3319.60. There is hereby established the educator	56661
standards board. The board shall develop and recommend to the	56662
state board of education standards for entering and continuing in	56663
the ~~teaching and principalship~~educator professions and standards	56664
for educator professional development. The board membership shall	56665
reflect the diversity of the state in terms of gender, race,	56666
ethnic background, and geographic distribution.	56667

(A) The board shall consist of the following members:

56668

(1) The following eighteen members appointed by the state	56669
board of education ~~within sixty days of the effective date of this~~	56670
~~section~~:	56671

~~(1) Eight~~(a) Ten persons employed as teachers in a school	56672
district. ~~Two~~Three persons appointed under this division shall be	56673
employed as teachers in a secondary school, two persons shall be	56674
employed as teachers in a middle school, ~~two~~three persons shall	56675
be employed as teachers in an elementary school, one person shall	56676
be employed as a teacher in a pre-kindergarten classroom, and one	56677
person shall be a teacher who serves on a local professional	56678
development committee pursuant to section 3319.22 of the Revised	56679
Code. At least one person appointed under this division shall hold	56680
a teaching certificate or license issued by the national board for	56681
professional teaching standards. The Ohio education association	56682
shall submit a list of ~~twelve~~fourteen nominees for these	56683
appointments and the state board shall appoint ~~six~~seven members	56684
to the educator standards board from that list. The Ohio	56685
federation of teachers shall submit a list of ~~four~~six nominees	56686
for these appointments and the state board shall appoint ~~two~~	56687
three members to the educator standards board from that list. If	56688
there is an insufficient number of nominees from both lists to	56689
satisfy the membership requirements of this division, the state	56690
board shall request additional nominees who satisfy those	56691
requirements.	56692

~~(2)~~(b) One person employed as a teacher in a chartered,	56693
nonpublic school. Stakeholder groups selected by the state board	56694
shall submit a list of two nominees for this appointment.	56695

~~(3) Four~~(c) Five persons employed as school administrators	56696
in a school district. Of ~~the four~~those five persons ~~appointed~~	56697
~~under this division~~, one person shall be employed as a secondary	56698
school principal, one person shall be employed as a middle school	56699
principal, one person shall be employed as an elementary school	56700
principal, one person shall be employed as a school district	56701
treasurer or business manager, and one person shall be employed as	56702
a school district superintendent. The buckeye association of	56703
school administrators shall submit a list of two nominees for the	56704
school district superintendent, the Ohio association of school	56705
business officials shall submit a list of two nominees for the	56706
school district treasurer or business manager, the Ohio	56707
association of elementary school administrators shall submit a	56708
list of two nominees for the elementary school principal, and the	56709
Ohio association of secondary school administrators shall submit a	56710
list of two nominees for the middle school principal and a list of	56711
two nominees for the secondary school principal.	56712

~~(4)~~(d) One person who is a member of a school district board	56713
of education. The Ohio school boards association shall submit a	56714
list of two nominees for this appointment.	56715

~~(5) Three persons employed by institutions of higher~~	56716
~~education that offer teacher preparation programs approved under~~	56717
~~section 3319.23 of the Revised Code. One person appointed under~~	56718
~~this division shall be employed by an institution of higher~~	56719
~~education that has a certificate of authorization under Chapter~~	56720
~~1713. of the Revised Code; one person shall be employed by a state~~	56721
~~university, as defined in section 3345.011 of the Revised Code, or~~	56722
~~a university branch; and one person shall be employed by a state~~	56723
~~community college, community college, or technical college. Of the~~	56724
~~two persons appointed under this division from an institution of~~	56725
~~higher education that has a certificate of authorization under~~	56726
~~Chapter 1713. of the Revised Code and from a state university or~~	56727
~~university branch, one shall be employed in a college of education~~	56728
~~and one shall be employed in a college of arts and sciences. The~~	56729
~~chancellor of the Ohio board of regents shall submit two slates of~~	56730
~~nominees for these appointments and the state board shall appoint~~	56731
~~one slate as members of the educator standards board.~~	56732

~~(6)~~(e) One person who is a parent of a student currently	56733
enrolled in a school operated by a school district. The Ohio	56734
parent teacher association shall submit a list of two nominees	56735
for this appointment.	56736

(2) The chancellor of the Ohio board of regents shall appoint	56737
three persons employed by institutions of higher education that	56738
offer educator preparation programs. One person shall be employed	56739
by an institution of higher education that has a certificate of	56740
authorization under Chapter 1713. of the Revised Code; one person	56741
shall be employed by a state university, as defined in section	56742
3345.011 of the Revised Code, or a university branch; and one	56743
person shall be employed by a state community college, community	56744
college, or technical college. Of the two persons appointed from	56745
an institution of higher education that has a certificate of	56746
authorization under Chapter 1713. of the Revised Code and from a	56747
state university or university branch, one shall be employed in a	56748
college of education and one shall be employed in a college of	56749
arts and sciences.	56750

(3) The superintendent of public instruction or a designee of	56751
the superintendent, the chancellor of the Ohio board of regents or	56752
a designee of the chancellor, and the chairpersons and the ranking	56753
minority members of the education committees of the senate and	56754
house of representatives shall serve as nonvoting, ex officio	56755
members.	56756

(B) ~~Initial terms of office for nine members shall be for two~~	56757
~~years and three years for eight members, beginning on the day all~~	56758
~~members are appointed to the board. At the first meeting of the~~	56759
~~board, members shall draw lots to determine the length of the term~~	56760
~~each member shall serve. Thereafter terms~~Terms of office shall be	56761
for two years. Each member shall hold office from the date of the	56762
member's appointment until the end of the term for which the	56763
member was appointed. At the first meeting, appointed members	56764
shall select a chairperson and a vice-chairperson. Vacancies on	56765
the board shall be filled in the same manner as ~~the original~~	56766
prescribed for appointments under division (A) of this section.	56767
Any member appointed to fill a vacancy occurring prior to the	56768
expiration of the term for which the member's predecessor was	56769
appointed shall hold office for the remainder of such term. Any	56770
member shall continue in office subsequent to the expiration date	56771
of the member's term until the member's successor takes office, or	56772
until a period of sixty days has elapsed, whichever occurs first.	56773
The terms of office of members are renewable.	56774

56775

(D) The board shall establish guidelines for its operation.	56776
These guidelines shall require the creation of a standing	56777
subcommittee on higher education, and shall permit the creation of	56778
other standing subcommittees when necessary. The board shall	56779
determine the membership of any subcommittee it creates. The board	56780
may select persons who are not members of the board to participate	56781
in the deliberations of any subcommittee as representatives of	56782
stakeholder groups, but no such person shall vote on any issue	56783
before the subcommittee.	56784

Sec. 3319.61. (A) The educator standards board, in	56785
consultation with the chancellor of the Ohio board of regents,	56786
shall do all of the following:	56787

(1) Develop state standards for teachers and principals that	56788
reflect what teachers and principals are expected to know and be	56789
able to do at all stages of their careers. These standards shall	56790
be aligned with the statewide academic content standards for	56791
students adopted pursuant to section 3301.079 of the Revised Code,	56792
be primarily based on educator performance instead of years of	56793
experience or certain courses completed, and rely on	56794
evidence-based factors. These standards shall also be aligned with	56795
the operating standards adopted under division (D)(3) of section	56796
3301.07 of the Revised Code.	56797

(a) The standards for teachers shall reflect the following	56798
additional criteria:	56799

(i) Alignment with the interstate new teacher assessment and	56800
support consortium standards;	56801

(ii) Differentiation among novice, experienced, and advanced	56802
teachers;	56803

(iii) Reliance on competencies that can be measured;

56804

(iv) Reliance on content knowledge, teaching skills,	56805
discipline-specific teaching methods, and requirements for	56806
professional development;	56807

(v) Alignment with a career-long system of professional	56808
development and evaluation that ensures teachers receive the	56809
support and training needed to achieve the teaching standards as	56810
well as reliable feedback about how well they meet the standards;	56811

(vi) The standards under section 3301.079 of the Revised	56812
Code, including standards on collaborative learning environments	56813
and interdisciplinary, project-based real world learning,	56814
differentiated instruction, and community service learning;	56815

(vii) The Ohio leadership framework.

56816

(b) The standards for principals shall be aligned with the	56817
interstate school leaders licensing consortium standards.	56818

(2) Develop standards for school district superintendents	56819
that reflect what superintendents are expected to know and be able	56820
to do at all stages of their careers. The standards shall reflect	56821
knowledge of systems theory and effective management principles	56822
and be aligned with the buckeye association of school	56823
administrators standards and operating standards developed under	56824
division (D)(3) of section 3301.07 of the Revised Code.	56825

(3) Develop standards for school district treasurers and	56826
business managers that reflect what treasurers and business	56827
managers are expected to know and be able to do at all stages of	56828
their careers. The standards shall reflect knowledge of systems	56829
theory and effective management principles and be aligned with the	56830
association of school business officials international standards	56831
and the operating standards developed under division (D)(3) of	56832
section 3301.07 of the Revised Code.	56833

(4) Develop standards for the renewal of ~~educator~~ licenses	56834
under ~~section~~sections 3319.22 and 3301.074 of the Revised Code;	56835

~~(3)~~(5) Develop standards for educator professional	56836
development;	56837

(6) Investigate and make recommendations for the creation,	56838
expansion, and implementation of school building and school	56839
district leadership academies.	56840

The superintendent of public instruction, the chancellor of	56841
the Ohio board of regents, or the education standards board itself	56842
may request that the educator standards board update, review, or	56843
reconsider any standards developed under this section.	56844

(B) The educator standards board shall incorporate indicators	56845
of cultural competency into the standards developed under division	56846
(A) of this section. For this purpose, the educator standards	56847
board shall develop a definition of cultural competency based upon	56848
content and experiences that enable educators to know, understand,	56849
and appreciate the students, families, and communities that they	56850
serve and skills for addressing cultural diversity in ways that	56851
respond equitably and appropriately to the cultural needs of	56852
individual students.	56853

(C) In developing the standards under division (A) of this	56854
section, the educator standards board shall consider the impact of	56855
the standards on closing the achievement gap between students of	56856
different subgroups.	56857

(D) In developing the standards under division (A) of this	56858
section, the educator standards board shall ensure ~~that~~both of	56859
the following:	56860

(1) That teachers ~~and principals~~ have sufficient knowledge to	56861
provide appropriate instruction for students identified as gifted	56862
pursuant to Chapter 3324. of the Revised Code and to assist in the	56863
identification of such students, and have sufficient knowledge	56864
that will enable teachers to provide learning opportunities for	56865
all children to succeed;	56866

(2) That principals, superintendents, school treasurers, and	56867
school business managers have sufficient knowledge to provide	56868
principled, collaborative, foresighted, and data-based leadership	56869
that will provide learning opportunities for all children to	56870
succeed.	56871

(E) The standards for educator professional development	56872
developed under division (A)~~(3)~~(5) of this section shall include	56873
~~standards~~the following:	56874

(1) Standards for the inclusion of local professional	56875
development committees established under section 3319.22 of the	56876
Revised Code in the planning and design of professional	56877
development;	56878

(2) Standards that address the crucial link between academic	56879
achievement and mental health issues.	56880

(F) The educator standards board shall also perform the	56881
following functions:	56882

(1) ~~Collaborate with colleges and universities that offer~~	56883
~~teacher preparation programs approved pursuant to section 3319.23~~	56884
~~of the Revised Code to align teacher and principal preparation~~	56885
~~courses with the standards developed under division (A) of this~~	56886
~~section and with student academic content standards adopted under~~	56887
~~section 3301.079 of the Revised Code. The educator standards board~~	56888
~~shall study the model developed by the college of food,~~	56889
~~agricultural, and environmental sciences and the college of~~	56890
~~education of the Ohio state university for aligning teacher~~	56891
~~preparation programs in agricultural education with recognized~~	56892
~~standards for this purpose.~~	56893

~~(2)~~ Monitor compliance with the ~~teacher and principal~~	56894
standards developed under division (A) of this section and make	56895
recommendations to the state board of education for appropriate	56896
corrective action if such standards are not met;	56897

~~(3)~~(2) Research, develop, and recommend policies on the	56898
professions of teaching and school administration;	56899

~~(4)~~(3) Recommend policies to close the achievement gap	56900
between students of different subgroups;	56901

~~(5)~~(4) Define a "master teacher" in a manner that can be used	56902
uniformly by all school districts;	56903

(5) Adopt criteria that a candidate for a lead professional	56904
educator license under section 3319.22 of the Revised Code who	56905
does not hold a valid certificate issued by the national board	56906
for professional teaching standards must meet to be considered a	56907
lead teacher for purposes of division (B)(4)(d) of that section.	56908
It is the intent of the general assembly that ~~when defining~~	56909
~~"master teacher,"~~ the educator standards board shall adopt	56910
multiple, equal-weighted criteria to use in determining whether a	56911
person is a ~~master~~lead teacher. ~~Such~~The criteria shall be in	56912
addition to the other standards and qualifications prescribed in	56913
division (B)(4) of section 3319.22 of the Revised Code. The	56914
criteria may include, but shall not be limited to, ~~attainment of~~	56915
~~a master's degree in an appropriate subject area,~~ completion of	56916
~~other~~ educational levels beyond a master's degree or other	56917
professional development courses~~, certification by the national~~	56918
~~board for professional teaching standards,~~ or demonstration of a	56919
leadership role in the teacher's school building or district. The	56920
board shall determine the number of criteria that a teacher shall	56921
satisfy to be recognized as a ~~master~~lead teacher, which shall	56922
not be the total number of criteria adopted by the board.	56923

(6) Develop model teacher and principal evaluation	56924
instruments and processes. The models shall be based on the	56925
standards developed under division (A) of this section.	56926

(G) The educator standards board shall submit recommendations	56927
of standards developed under division (A) of this section to the	56928
state board of education ~~within one year after the educator~~	56929
~~standards board first convenes~~not later than September 1, 2010.	56930
The state board of education shall review those recommendations at	56931
the state board's regular meeting that next succeeds the date that	56932
the recommendations are submitted to the state board. At that	56933
meeting, the state board of education shall vote to either adopt	56934
standards based on those recommendations or request that the	56935
educator standards board reconsider its recommendations. The state	56936
board of education shall articulate reasons for requesting	56937
reconsideration of the recommendations but shall not direct the	56938
content of the recommendations. The educator standards board shall	56939
reconsider its recommendations if the state board of education so	56940
requests, may revise the recommendations, and shall resubmit the	56941
recommendations, whether revised or not, to the state board not	56942
later than two weeks prior to the state board's regular meeting	56943
that next succeeds the meeting at which the state board requested	56944
reconsideration of the initial recommendations. The state board of	56945
education shall review the recommendations as resubmitted by the	56946
educator standards board at the state board's regular meeting that	56947
next succeeds the meeting at which the state board requested	56948
reconsideration of the initial recommendations and may adopt the	56949
standards as resubmitted or, if the resubmitted standards have not	56950
addressed the state board's concerns, the state board may modify	56951
the standards prior to adopting them. The final responsibility to	56952
determine whether to adopt standards as described in division (A)	56953
of this section and the content of those standards, if adopted,	56954
belongs solely to the state board of education.	56955

Sec. 3319.611. The subcommittee on standards for	56956
superintendents of the education standards board is hereby	56957
established. The subcommittee shall consist of the following	56958
members:	56959

(A) The school district superintendent appointed to the	56960
educator standards board under section 3319.60 of the Revised	56961
Code, who shall act as chairperson of the subcommittee;	56962

(B) Three additional school district superintendents	56963
appointed by the state board of education, for terms of two years.	56964
The buckeye association of school administrators shall submit a	56965
list of six nominees for appointments under this section.	56966

(C) Three additional members of the educator standards board,	56967
appointed by the chairperson of the educator standards board;	56968

(D) The superintendent of public instruction and the	56969
chancellor of the Ohio board of regents, or their designees, who	56970
shall serve as nonvoting, ex officio members of the subcommittee.	56971

Members of the subcommittee shall receive no compensation for	56972
their services. The members appointed under divisions (B) and (C)	56973
of this section may be reappointed.	56974

The subcommittee shall assist the educator standards board in	56975
developing the standards for superintendents and with any	56976
additional matters the educator standards board directs the	56977
subcommittee to examine.	56978

Sec. 3319.612. The subcommittee on standards for school	56979
treasurers and business managers of the educator standards board	56980
is hereby established. The subcommittee shall consist of the	56981
following members:	56982

(A) The school district treasurer or business manager	56983
appointed to the educator standards board under section 3319.60 of	56984
the Revised Code, who shall act as chairperson of the	56985
subcommittee;	56986

(B) Three additional school district treasurers or business	56987
managers appointed by the state board of education for terms of	56988
two years. The Ohio association of school business officials shall	56989
submit a list of six nominees for appointments under this section.	56990

(C) Three additional members of the educator standards board,	56991
appointed by the chairperson of the educator standards board;	56992

(D) The superintendent of public instruction and the	56993
chancellor of the Ohio board of regents, or their designees, who	56994
shall serve as nonvoting, ex officio members of the subcommittee.	56995

Members of the subcommittee shall receive no compensation for	56996
their services. The members appointed under divisions (B) and (C)	56997
of this section may be reappointed.	56998

The subcommittee shall assist the educator standards board in	56999
developing the standards for school treasurers and business	57000
managers and with any additional matters the educator standards	57001
board directs the subcommittee to examine.	57002

Sec. 3319.63. The board of education of a school district	57003
that employs any person who is appointed to serve as a member of	57004
the educator standards board under division (A)(1)(a) or ~~(3)~~(c) of	57005
section 3319.60, as a member of the subcommittee on standards for	57006
superintendents under division (B) or (C) of section 3319.611, or	57007
as a member of the subcommittee on standards for school	57008
treasurers and business managers under division (B) or (C) of	57009
section 3319.612 of the Revised Code shall grant that person paid	57010
professional leave for the purpose of attending meetings and	57011
conducting official business of the educator standards board and	57012
the subcommittees.	57013

Sec. 3319.70. (A) The school health services advisory council	57014
is hereby established. The council shall consist of the following	57015
members:	57016

(1) A registered nurse licensed under Chapter 4723. of the	57017
Revised Code who also is licensed as a school nurse pursuant to	57018
section 3319.221 or former section 3319.22 of the Revised Code and	57019
is a member of the Ohio association of school nurses, appointed by	57020
the governor;	57021

(2) A representative of the board of nursing, appointed by	57022
the governor;	57023

(3) A representative of the department of health who has	57024
expertise in school and adolescent health services, appointed by	57025
the director of health;	57026

(4) A representative of the department of education,	57027
appointed by the superintendent of public instruction;	57028

(5) A representative of the chancellor of the Ohio board of	57029
regents, appointed by the chancellor;	57030

(6) A representative of a nurse education program, appointed	57031
by the chancellor;	57032

(7) A representative of the department of development who has	57033
expertise in workforce development, appointed by the director of	57034
development;	57035

(8) A representative of the department of job and family	57036
services who has expertise in child and adolescent care, appointed	57037
by the director of job and family services;	57038

(9) A representative of the public, appointed by the	57039
governor.	57040

(B) Initial appointments to the council shall be made within	57041
thirty days after the effective date of this section. Members of	57042
the council shall serve at the pleasure of their appointing	57043
authorities. Vacancies shall be filled in the same manner as the	57044
original appointment. Members shall receive no compensation for	57045
their services, except to the extent that service on the council	57046
is part of their regular employment duties.	57047

(C) The representative of the department of education shall	57048
call the first meeting of the council. At that meeting, the	57049
members shall select a chairperson and vice-chairperson.	57050
Subsequent meetings of the council shall be held at the call of	57051
the chairperson.	57052

Sec. 3319.71. (A) The school health services advisory council	57053
shall make recommendations on the following topics:	57054

(1) The content of the course of instruction required to	57055
obtain a school nurse license under section 3319.221 of the	57056
Revised Code;	57057

(2) The content of the course of instruction required to	57058
obtain a school nurse wellness coordinator license under section	57059
3319.221 of the Revised Code;	57060

(3) Best practices for the use of school nurses and school	57061
nurse wellness coordinators in providing health and wellness	57062
programs for students and employees of school districts, community	57063
schools established under Chapter 3314. of the Revised Code, and	57064
STEM schools established under Chapter 3326. of the Revised Code.	57065

(B) The council shall issue its initial recommendations not	57066
later than March 31, 2010, and may issue subsequent	57067
recommendations as it considers necessary. Copies of all	57068
recommendations shall be provided to the state board of education,	57069
the chancellor of the Ohio board of regents, the board of	57070
nursing, and the health care coverage and quality council.	57071

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	57072
"guardian," or "other person having charge or care of a child"	57073
means either parent unless the parents are separated or divorced	57074
or their marriage has been dissolved or annulled, in which case	57075
"parent" means the parent who is the residential parent and legal	57076
custodian of the child. If the child is in the legal or permanent	57077
custody of a person or government agency, "parent" means that	57078
person or government agency. When a child is a resident of a home,	57079
as defined in section 3313.64 of the Revised Code, and the child's	57080
parent is not a resident of this state, "parent," "guardian," or	57081
"other person having charge or care of a child" means the head of	57082
the home.	57083

A child between six and eighteen years of age is "of	57084
compulsory school age" for the purpose of sections 3321.01 to	57085
3321.13 of the Revised Code. A child under six years of age who	57086
has been enrolled in kindergarten also shall be considered "of	57087
compulsory school age" for the purpose of sections 3321.01 to	57088
3321.13 of the Revised Code unless at any time the child's parent	57089
or guardian, at the parent's or guardian's discretion and in	57090
consultation with the child's teacher and principal, formally	57091
withdraws the child from kindergarten. The compulsory school age	57092
of a child shall not commence until the beginning of the term of	57093
such schools, or other time in the school year fixed by the rules	57094
of the board of the district in which the child resides.	57095

(2) No child shall be admitted to a kindergarten or a first	57096
grade of a public school in a district in which all children are	57097
admitted to kindergarten and the first grade in August or	57098
September unless the child is five or six years of age,	57099
respectively, by the thirtieth day of September of the year of	57100
admittance, or by the first day of a term or semester other than	57101
one beginning in August or September in school districts granting	57102
admittance at the beginning of such term or semester, except that	57103
in those school districts using or obtaining educationally	57104
accepted standardized testing programs for determining entrance,	57105
as approved by the board of education of such districts, the board	57106
shall admit a child to kindergarten or the first grade who fails	57107
to meet the age requirement, provided the child meets necessary	57108
standards as determined by such standardized testing programs. If	57109
the board of education has not established a standardized testing	57110
program, the board shall designate the necessary standards and a	57111
testing program it will accept for the purpose of admitting a	57112
child to kindergarten or first grade who fails to meet the age	57113
requirement. Each child who will be the proper age for entrance to	57114
kindergarten or first grade by the first day of January of the	57115
school year for which admission is requested shall be so tested	57116
upon the request of the child's parent.	57117

(3) Notwithstanding divisions (A)(2) and (D) of this section,	57118
beginning with the school year that starts in 2001 and continuing	57119
thereafter the board of education of any district may adopt a	57120
resolution establishing the first day of August in lieu of the	57121
thirtieth day of September as the required date by which students	57122
must have attained the age specified in those divisions.	57123

(B) As used in divisions (C) and (D) of this section,	57124
"successfully completed kindergarten" and "successful completion	57125
of kindergarten" mean that the child has completed the	57126
kindergarten requirements at one of the following:	57127

(1) A public or chartered nonpublic school;

57128

(2) A kindergarten class that is both of the following:

57129

(a) Offered by a day-care provider licensed under Chapter	57130
5104. of the Revised Code;	57131

(b) If offered after July 1, 1991, is directly taught by a	57132
teacher who holds one of the following:	57133

(i) A valid educator license issued under section 3319.22 of	57134
the Revised Code;	57135

(ii) A Montessori preprimary credential or age-appropriate	57136
diploma granted by the American Montessori society or the	57137
association Montessori internationale;	57138

(iii) Certification determined under division (G) of this	57139
section to be equivalent to that described in division	57140
(B)(2)(b)(ii) of this section;	57141

(iv) Certification for teachers in nontax-supported schools	57142
pursuant to section 3301.071 of the Revised Code.	57143

(C) Except as provided in division (D) of this section, no	57144
school district shall admit to the first grade any child who has	57145
not successfully completed kindergarten.	57146

(D) Upon request of a parent, the requirement of division (C)	57147
of this section may be waived by the district's pupil personnel	57148
services committee in the case of a child who is at least six	57149
years of age by the thirtieth day of September of the year of	57150
admittance and who demonstrates to the satisfaction of the	57151
committee the possession of the social, emotional, and cognitive	57152
skills necessary for first grade.	57153

The board of education of each city, local, and exempted	57154
village school district shall establish a pupil personnel services	57155
committee. The committee shall be composed of all of the following	57156
to the extent such personnel are either employed by the district	57157
or employed by the governing board of the educational service	57158
center within whose territory the district is located and the	57159
educational service center generally furnishes the services of	57160
such personnel to the district:	57161

(1) The director of pupil personnel services;

57162

(2) An elementary school counselor;

57163

(3) An elementary school principal;

57164

(4) A school psychologist;

57165

(5) A teacher assigned to teach first grade;

57166

(6) A gifted coordinator.

57167

The responsibilities of the pupil personnel services	57168
committee shall be limited to the issuing of waivers allowing	57169
admittance to the first grade without the successful completion of	57170
kindergarten. The committee shall have no other authority except	57171
as specified in this section.	57172

(E) The scheduling of times for kindergarten classes and	57173
length of the school day for kindergarten shall be determined by	57174
the board of education of a city, exempted village, or local	57175
school district, subject to section 3321.05 of the Revised Code.	57176

(F) Any kindergarten class offered by a day-care provider or	57177
school described by division (B)(1) or (B)(2)(a) of this section	57178
shall be developmentally appropriate.	57179

(G) Upon written request of a day-care provider described by	57180
division (B)(2)(a) of this section, the department of education	57181
shall determine whether certification held by a teacher employed	57182
by the provider meets the requirement of division (B)(2)(b)(iii)	57183
of this section and, if so, shall furnish the provider a statement	57184
to that effect.	57185

(H) ~~As used in this division, "all-day kindergarten" has the~~	57186
~~same meaning as in section 3317.029 of the Revised Code.~~	57187

~~(1) Any school district that is not eligible to receive~~	57188
~~poverty-based assistance for all-day kindergarten under division~~	57189
~~(D) of section 3317.029 of the Revised Code may charge fees or~~	57190
~~tuition for students enrolled in all-day kindergarten. If a~~	57191
~~district charges fees or tuition for all-day kindergarten under~~	57192
~~this division, the district shall develop a sliding fee scale~~	57193
~~based on family incomes.~~	57194

~~(2)~~ The department of education shall conduct an annual	57195
survey of each school district ~~described in division (H)(1) of~~	57196
~~this section~~ to determine the following:	57197

~~(a) Whether the district charges fees or tuition for students~~	57198
~~enrolled in all-day kindergarten;~~	57199

~~(b) The amount of the fees or tuition charged;~~

57200

~~(c)~~(1) How many ~~of the~~ students ~~for whom tuition is charged~~	57201
are eligible for free lunches under the "National School Lunch	57202
Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the	57203
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as	57204
amended~~, and how many of the students for whom tuition is charged~~	57205
~~are eligible for reduced price lunches under those acts;~~	57206

~~(d)~~(2) How many students are enrolled in ~~traditional~~ half-day	57207
kindergarten ~~rather than~~and how many students are enrolled in	57208
all-day kindergarten, as defined in section 3321.05 of the Revised	57209
Code.	57210

Each district shall report to the department, in the manner	57211
prescribed by the department, the information ~~described in~~	57212
~~divisions (H)(2)(a) to (d) of this section~~required by this	57213
division.	57214

The department shall issue an annual report on the results of	57215
the survey and shall post the report on its web site. The	57216
department shall issue the first report not later than April 30,	57217
2008, and shall issue a report not later than the thirtieth day of	57218
April each year thereafter.	57219

Sec. 3321.041. (A) As used in this section, "extracurricular	57220
activity" means a pupil activity program that a school or school	57221
district operates and is not included in the school district's	57222
graded course of study, including an interscholastic	57223
extracurricular activity that a school or school district sponsors	57224
or participates in and that has participants from more than one	57225
school or school district.	57226

(B) Beginning in the 2009-2010 school year, if a student	57227
enrolled in a school district is absent from school for the sole	57228
purpose of traveling out of the state to participate in an	57229
enrichment activity approved by the district board of education or	57230
in an extracurricular activity, the district shall count that	57231
absence as an excused absence, up to a maximum of four days per	57232
school year. The district shall require any such student to	57233
complete any classroom assignments that the student misses because	57234
of the absence.	57235

(C) If a student will be absent from school for four or more	57236
consecutive school days for a purpose described in division (B) of	57237
this section, a classroom teacher employed by the school district	57238
shall accompany the student during the travel period to provide	57239
the student with instructional assistance.	57240

Sec. 3321.05. (A) As used in this section, "all-day	57241
kindergarten" means a kindergarten class that is in session five	57242
days per week for not less than the same number of clock hours	57243
each day as for students in grades one through six.	57244

(B) Any school district may operate all-day kindergarten or	57245
extended kindergarten, but nobeginning in fiscal year 2011, each	57246
city, local, and exempted village school district shall provide	57247
all-day kindergarten to each student enrolled in kindergarten,	57248
except as specified in divisions (C) and (D) of this section.	57249

(C) The board of education of a school district may apply to	57250
the superintendent of public instruction for a waiver of the	57251
requirement to provide all-day kindergarten for all kindergarten	57252
students. In making the determination to grant or deny the waiver,	57253
the state superintendent may consider space concerns or	57254
alternative delivery approaches used by the school district.	57255

(D) No district shall require any student to attend	57256
kindergarten for more than one-half of the number of clock hours	57257
required each day for ~~traditional kindergarten~~grades one through	57258
six by the minimum standards adopted under division (D) of section	57259
3301.07 of the Revised Code. Each school district ~~that operates~~	57260
~~all-day or extended kindergarten~~ shall accommodate kindergarten	57261
students whose parents or guardians elect to enroll them for	57262
one-half of the minimum number of hours required each day for	57263
grades one through six.	57264

(E) A school district may use space in child day-care centers	57265
licensed under Chapter 5104. of the Revised Code to provide	57266
all-day kindergarten under this section.	57267

Sec. 3323.05. The state board of education shall establish	57268
procedures to ensure that children with disabilities and their	57269
parents are guaranteed procedural safeguards under this chapter	57270
with respect to a free appropriate public education.	57271

The procedures shall include, but need not be limited to:

57272

(A) An opportunity for the parents of a child with a	57273
disability to examine all records related to the child and to	57274
participate in meetings with respect to identification,	57275
evaluation, and educational placement of the child, and to	57276
obtain an independent educational evaluation of the child;	57277

(B) Procedures to protect the rights of the child whenever	57278
the parents of the child are not known, an agency after making	57279
reasonable efforts cannot find the parents, or the child is a	57280
ward of the state, including the assignment~~, in accordance with~~	57281
~~section 3323.051 of the Revised Code,~~ of an individual to act as	57282
a surrogate for the parents;made by the school district or other	57283
educational agency responsible for educating the child or by the	57284
court with jurisdiction over the child's custody. Such assignment	57285
shall be made in accordance with section 3323.051 of the Revised	57286
Code.	57287

(C) Prior written notice to the child's parents of a school	57288
district's proposal or refusal to initiate or change the	57289
identification, evaluation, or educational placement of the child	57290
or the provision of a free appropriate education for the child.	57291
The procedures established under this division shall:	57292

(1) Be designed to ensure that the written prior notice is in	57293
the native language of the parents, unless it clearly is not	57294
feasible to do so.	57295

(2) Specify that the prior written notice shall include:

57296

(a) A description of the action proposed or refused by the	57297
district;	57298

(b) An explanation of why the district proposes or refuses to	57299
take the action and a description of each evaluation procedure,	57300
assessment, record, or report the district used as a basis for the	57301
proposed or refused action;	57302

(c) A statement that the parents of a child with a disability	57303
have protection under the procedural safeguards and, if the notice	57304
is not in regard to an initial referral for evaluation, the means	57305
by which a copy of a description of the procedural safeguards can	57306
be obtained;	57307

(d) Sources for parents to contact to obtain assistance in	57308
understanding the provisions of Part B of the "Individuals with	57309
Disabilities Education Improvement Act of 2004";	57310

(e) A description of other options considered by the IEP team	57311
and the reason why those options were rejected;	57312

(f) A description of the factors that are relevant to the	57313
agency's proposal or refusal.	57314

(D) An opportunity for the child's parents to present	57315
complaints to the superintendent of the child's school district	57316
of residence with respect to any matter relating to the	57317
identification, evaluation, or educational placement of the child,	57318
or the provision of a free appropriate public education under	57319
this chapter.	57320

Within twenty school days after receipt of a complaint, the	57321
district superintendent or the superintendent's designee, without	57322
undue delay and at a time and place convenient to all parties,	57323
shall review the case, may conduct an administrative review, and	57324
shall notify all parties in writing of the superintendent's or	57325
designee's decision. Where the child is placed in a program	57326
operated by a county MR/DD board or other educational agency, the	57327
superintendent shall consult with the administrator of that county	57328
MR/DD board or agency.	57329

Any party aggrieved by the decision of the district	57330
superintendent or the superintendent's designee may file a	57331
complaint with the state board as provided under division (E) of	57332
this section, request mediation as provided under division (F) of	57333
this section, or present a due process complaint notice and	57334
request for a due process hearing in writing to the superintendent	57335
of the district, with a copy to the state board, as provided under	57336
division (G) of this section.	57337

(E) An opportunity for a party to file a complaint with the	57338
state board of education with respect to the identification,	57339
evaluation, or educational placement of the child, or the	57340
provision of a free appropriate public education to such child.	57341
The department of education shall review and, where appropriate,	57342
investigate the complaint and issue findings.	57343

(F) An opportunity for parents and a school district to	57344
resolve through mediation disputes involving any matter.	57345

(1) The procedures established under this section shall	57346
ensure that the mediation process is voluntary on the part of the	57347
parties, is not used to deny or delay a parent's right to a due	57348
process hearing or to deny any other rights afforded under this	57349
chapter, and is conducted by a qualified and impartial mediator	57350
who is trained in effective mediation techniques.	57351

(2) A school district may establish procedures to offer to	57352
parents and schools that choose not to use the mediation process,	57353
an opportunity to meet, at a time and location convenient to the	57354
parents, with a disinterested party to encourage the use, and	57355
explain the benefits, of the mediation process to the parents. The	57356
disinterested party shall be an individual who is under contract	57357
with a parent training and information center or community parent	57358
resource center in the state or is under contract with an	57359
appropriate alternative dispute resolution entity.	57360

(3) The department shall maintain a list of individuals who	57361
are qualified mediators and knowledgeable in laws and regulations	57362
relating to the provision of special education and related	57363
services.	57364

(4) The department shall bear the cost of the mediation	57365
process, including the costs of meetings described in division	57366
(F)(2) of this section.	57367

(5) Each session in the mediation process shall be scheduled	57368
in a timely manner and shall be held in a location that is	57369
convenient to the parties to the dispute.	57370

(6) Discussions that occur during the mediation process shall	57371
be confidential and shall not be used as evidence in any	57372
subsequent due process hearing or civil proceeding.	57373

(7) In the case that a resolution is reached to resolve the	57374
complaint through the mediation process, the parties shall execute	57375
a legally binding agreement that sets forth the resolution and	57376
that:	57377

(a) States that all discussions that occurred during the	57378
mediation process shall be confidential and shall not be used as	57379
evidence in any subsequent due process hearing or civil	57380
proceeding;	57381

(b) Is signed by both the parent and a representative for the	57382
school district who has the authority to bind the district;	57383

(c) Is enforceable in any state court of competent	57384
jurisdiction or in a district court of the United States.	57385

(G)(1) An opportunity for parents or a school district to	57386
present a due process complaint and request for a due process	57387
hearing to the superintendent of the school district of the	57388
child's residence with respect to the identification, evaluation,	57389
or educational placement of the child, or the provision of a free	57390
appropriate public education to the child. The party presenting	57391
the due process complaint and request for a due process hearing	57392
shall provide due process complaint notice to the other party and	57393
forward a copy of the notice to the state board. The due process	57394
complaint notice shall include:	57395

(a) The name of the child, the address of the residence of	57396
the child, or the available contact information in the case of a	57397
homeless child, and the name of the school the child is attending;	57398

(b) A description of the nature of the problem of the child	57399
relating to the proposed initiation or change, including facts	57400
relating to the problem;	57401

(c) A proposed resolution of the problem to the extent known	57402
and available to the party at the time.	57403

A party shall not have a due process hearing until the party,	57404
or the attorney representing the party, files a notice that meets	57405
the requirement for filing a due process complaint notice.	57406

A due process hearing shall be conducted by an impartial	57407
hearing officer in accordance with standards and procedures	57408
adopted by the state board. A hearing officer shall not be an	57409
employee of the state board or any agency involved in the	57410
education or care of the child or a person having a personal or	57411
professional interest that conflicts with the person's objectivity	57412
in the hearing. A hearing officer shall possess knowledge of, and	57413
the ability to understand, the provisions of the "Individuals with	57414
Disabilities Education Improvement Act of 2004," federal and state	57415
regulations pertaining to that act, and legal interpretations of	57416
that act by federal and state courts; possess the knowledge and	57417
ability to conduct hearings in accordance with appropriate	57418
standard legal practice; and possess the knowledge and ability to	57419
render and write decisions in accordance with appropriate standard	57420
legal practice. The due process requirements of section 615 of the	57421
"Individuals with Disabilities Education Improvement Act of 2004,"	57422
20 U.S.C. 1415, apply to due process complaint notices and	57423
requests for due process hearings and to due process hearings held	57424
under division (G) of this section, including, but not limited to,	57425
timelines for requesting hearings, requirements for sufficient	57426
complaint notices, resolution sessions, and sufficiency and	57427
hearing decisions.	57428

(2) Discussions that occur during a resolution session shall	57429
be confidential and shall not be used as evidence in any	57430
subsequent due process hearing or civil proceeding. If a	57431
resolution to the dispute is reached at a resolution session, the	57432
parties must execute a legally binding written settlement	57433
agreement which shall state that all discussions that occurred	57434
during the resolution process shall be confidential and shall not	57435
be used as evidence in any subsequent due process hearing or civil	57436
proceeding.	57437

(3) A party to a hearing under division (G) of this section	57438
shall be accorded:	57439

(a) The right to be accompanied and advised by counsel and by	57440
individuals with special knowledge or training with respect to the	57441
problems of children with disabilities;	57442

(b) The right to present evidence and confront,	57443
cross-examine, and compel the attendance of witnesses;	57444

(c) The right to a written or electronic verbatim record of	57445
the hearing;	57446

(d) The right to written findings of fact and decisions,	57447
which findings of fact and decisions shall be made available to	57448
the public consistent with the requirements relating to the	57449
confidentiality of personally identifiable data, information, and	57450
records collected and maintained by state educational agencies and	57451
local educational agencies; and shall be transmitted to the	57452
advisory panel established and maintained by the department for	57453
the purpose of providing policy guidance with respect to special	57454
education and related services for children with disabilities in	57455
the state.	57456

(H) An opportunity for any party aggrieved by the findings	57457
and decision rendered in a hearing under division (G) of this	57458
section to appeal within forty-five days of notification of the	57459
decision to the state board, which shall appoint a state level	57460
officer who shall review the case and issue a final order. The	57461
state level officer shall be appointed and shall review the case	57462
in accordance with standards and procedures adopted by the state	57463
board.	57464

Any party aggrieved by the final order of the state level	57465
officer may appeal the final order, in accordance with Chapter	57466
119. of the Revised Code, within forty-five days after	57467
notification of the order to the court of common pleas of the	57468
county in which the child's school district of residence is	57469
located, or to a district court of the United States within	57470
ninety days after the date of the decision of the state level	57471
review officer, as provided in section 615(i)(2) of the	57472
"Individuals with Disabilities Education Improvement Act of	57473
2004," 20 U.S.C. 1415(i)(2).	57474

Sec. 3323.091. (A) The department of mental health, the	57475
department of mental retardation and developmental disabilities,	57476
the department of youth services, and the department of	57477
rehabilitation and correction shall establish and maintain special	57478
education programs for children with disabilities in institutions	57479
under their jurisdiction according to standards adopted by the	57480
state board of education.	57481

(B) The superintendent of each state institution required to	57482
provide services under division (A) of this section, and each	57483
county MR/DD board, providing special education for preschool	57484
children with disabilities under this chapter may apply to the	57485
state department of education for unit funding, which shall be	57486
paid in accordance with sections 3317.052 and 3317.053 of the	57487
Revised Code.	57488

The superintendent of each state institution required to	57489
provide services under division (A) of this section may apply to	57490
the department of education for special education and related	57491
services weighted funding for children with disabilities other	57492
than preschool children with disabilities, calculated in	57493
accordance with section 3317.201 of the Revised Code.	57494

Each county MR/DD board providing special education for	57495
children with disabilities other than preschool children with	57496
disabilities may apply to the department of education for base	57497
cost and special education and related services weighted funding	57498
calculated in accordance with section 3317.20 of the Revised	57499
Code.	57500

(C) In addition to the authorization to apply for state	57501
funding described in division (B) of this section, each state	57502
institution required to provide services under division (A) of	57503
this section is entitled to tuition payments calculated in the	57504
manner described in division (C) of this section.	57505

On or before the thirtieth day of June of each year, the	57506
superintendent of each institution that during the school year	57507
provided special education pursuant to this section shall prepare	57508
a statement for each child with a disability under twenty-two	57509
years of age who has received special education. The statement	57510
shall contain the child's data verification code assigned	57511
pursuant to division (D)(2) of section 3301.0714 of the Revised	57512
Code and the name of the child's school district of residence.	57513
Within sixty days after receipt of such statement, the department	57514
of education shall perform one of the following:	57515

(1) For any child except a preschool child with a disability	57516
described in division (C)(2) of this section, pay to the	57517
institution submitting the statement an amount equal to the	57518
tuition calculated under division (A) of section 3317.08 of the	57519
Revised Code for the period covered by the statement, and deduct	57520
the same from the amount of state funds, if any, payable under	57521
sections ~~3317.022~~3306.13 and 3317.023 of the Revised Code, to the	57522
child's school district of residence or, if the amount of such	57523
state funds is insufficient, require the child's school district	57524
of residence to pay the institution submitting the statement an	57525
amount equal to the amount determined under this division.	57526

(2) For any preschool child with a disability not included	57527
in a unit approved under division (B) of section 3317.05 of the	57528
Revised Code, perform the following:	57529

(a) Pay to the institution submitting the statement an amount	57530
equal to the tuition calculated under division (B) of section	57531
3317.08 of the Revised Code for the period covered by the	57532
statement, except that in calculating the tuition under that	57533
section the operating expenses of the institution submitting the	57534
statement under this section shall be used instead of the	57535
operating expenses of the school district of residence;	57536

(b) Deduct from the amount of state funds, if any, payable	57537
under sections ~~3317.022~~3306.13 and 3317.023 of the Revised Code	57538
to the child's school district of residence an amount equal to the	57539
amount paid under division (C)(2)(a) of this section.	57540

Sec. 3323.14. This section does not apply to any preschool	57541
child with a disability except if included in a unit approved	57542
under division (B) of section 3317.05 of the Revised Code.	57543

(A) Where a child who is a school resident of one school	57544
district receives special education from another district and the	57545
per capita cost to the educating district for that child exceeds	57546
the sum of the amount received by the educating district for that	57547
child under division (A) of section 3317.08 of the Revised Code	57548
and the amount received by the district from the state board of	57549
education for that child, then the board of education of the	57550
district of residence shall pay to the board of the school	57551
district that is providing the special education such excess cost	57552
as is determined by using a formula approved by the department of	57553
education and agreed upon in contracts entered into by the boards	57554
of the districts concerned at the time the district providing	57555
such special education accepts the child for enrollment. The	57556
department shall certify the amount of the payments under ~~Chapter~~	57557
Chapters 3306. and 3317. of the Revised Code for such pupils	57558
with disabilities for each school year ending on the thirtieth	57559
day of July.	57560

(B) In the case of a child described in division (A) of this	57561
section who has been placed in a home, as defined in section	57562
3313.64 of the Revised Code, pursuant to the order of a court and	57563
who is not subject to section 3323.141 of the Revised Code, the	57564
district providing the child with special education and related	57565
services may charge to the child's district of residence the	57566
excess cost determined by formula approved by the department,	57567
regardless of whether the district of residence has entered into a	57568
contract with the district providing the services. If the district	57569
providing the services chooses to charge excess costs, the	57570
district may report the amount calculated under this division to	57571
the department.	57572

(C) If a district providing special education for a child	57573
reports an amount for the excess cost of those services, as	57574
authorized and calculated under division (A) or (B) of this	57575
section, the department shall pay that amount of excess cost to	57576
the district providing the services and shall deduct that amount	57577
from the child's district of residence in accordance with division	57578
(N) of section 3317.023 of the Revised Code.	57579

Sec. 3323.142. This section does not apply to any preschool	57580
child with a disability except if included in a unit approved	57581
under division (B) of section 3317.05 of the Revised Code.	57582

As used in this section, "per pupil amount" for a preschool	57583
child with a disability included in such an approved unit means	57584
the amount determined by dividing the amount received for the	57585
classroom unit in which the child has been placed by the number of	57586
children in the unit. For any other child, "per pupil amount"	57587
means the amount paid for the child under section 3317.20 of the	57588
Revised Code.	57589

When a school district places or has placed a child with a	57590
county MR/DD board for special education, but another district is	57591
responsible for tuition under section 3313.64 or 3313.65 of the	57592
Revised Code and the child is not a resident of the territory	57593
served by the county MR/DD board, the board may charge the	57594
district responsible for tuition with the educational costs in	57595
excess of the per pupil amount received by the board under ~~Chapter~~	57596
Chapters 3306. and 3317. of the Revised Code. The amount of the	57597
excess cost shall be determined by the formula established by	57598
rule of the department of education under section 3323.14 of the	57599
Revised Code, and the payment for such excess cost shall be made	57600
by the school district directly to the county MR/DD board.	57601

A school district board of education and the county MR/DD	57602
board that serves the school district may negotiate and contract,	57603
at or after the time of placement, for payments by the board of	57604
education to the county MR/DD board for additional services	57605
provided to a child placed with the county MR/DD board and whose	57606
individualized education program established pursuant to section	57607
3323.08 of the Revised Code requires additional services that are	57608
not routinely provided children in the county MR/DD board's	57609
program but are necessary to maintain the child's enrollment and	57610
participation in the program. Additional services may include, but	57611
are not limited to, specialized supplies and equipment for the	57612
benefit of the child and instruction, training, or assistance	57613
provided by staff members other than staff members for which	57614
funding is received under Chapter 3306. or 3317. of the Revised	57615
Code.	57616

Sec. 3324.05. (A) Each school district shall submit an	57617
annual report to the department of education specifying the number	57618
of students in each of grades kindergarten through twelfth	57619
screened, the number assessed, and the number identified as gifted	57620
in each category specified in section 3324.03 of the Revised Code.	57621

(B) The department of education shall audit each school	57622
district's identification numbers at least once every three years	57623
and may select any district at random or upon complaint or	57624
suspicion of noncompliance for a further audit to determine	57625
compliance with sections 3324.03 to 3324.06 of the Revised Code.	57626

(C) The department shall provide technical assistance to any	57627
district found in noncompliance under division (B) of this	57628
section. The department may reduce funds received by the district	57629
under ~~Chapter~~Chapters 3306. and 3317. of the Revised Code by any	57630
amount if the district continues to be noncompliant.	57631

Sec. 3325.08. (A) A diploma shall be granted by the	57632
superintendent of the state school for the blind and the	57633
superintendent of the state school for the deaf to any student	57634
enrolled in one of these state schools to whom all of the	57635
following apply:	57636

(1) The student has successfully completed the individualized	57637
education program developed for the student for the student's high	57638
school education pursuant to section 3323.08 of the Revised Code;	57639

(2) Subject to section 3313.614 of the Revised Code, the	57640
student has met the assessment requirements of division (A)(2)(a)	57641
or (b) of this section, as applicable.	57642

(a) If the student entered the ninth grade prior to the date	57643
prescribed by rule of the state board of education under division	57644
(E)(2) of section 3301.0712 of the Revised Code, the student	57645
either:	57646

~~(a)~~(i) Has attained at least the applicable scores designated	57647
under division (B)(1) of section 3301.0710 of the Revised Code on	57648
all the ~~tests~~assessments prescribed by that division unless	57649
division (L) of section 3313.61 of the Revised Code applies to the	57650
student;	57651

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	57652
in section 3313.615 of the Revised Code.	57653

(b) If the student entered the ninth grade on or after the	57654
date prescribed by rule of the state board under division (E)(2)	57655
of section 3301.0712 of the Revised Code, the student has	57656
attained on the entire assessment system prescribed under	57657
division (B)(2) of section 3301.0710 of the Revised Code at least	57658
the required passing composite score, designated under division	57659
(C)(1) of section 3301.0712 of the Revised Code, except to the	57660
extent that division (L) of section 3313.61 of the Revised Code	57661
applies to the student.	57662

(3) The student is not eligible to receive an honors diploma	57663
granted pursuant to division (B) of this section.	57664

No diploma shall be granted under this division to anyone	57665
except as provided under this division.	57666

(B) In lieu of a diploma granted under division (A) of this	57667
section, the superintendent of the state school for the blind and	57668
the superintendent of the state school for the deaf shall grant	57669
an honors diploma, in the same manner that the boards of	57670
education of school districts grant such diplomas under division	57671
(B) of section 3313.61 of the Revised Code, to any student	57672
enrolled in one of these state schools who accomplishes all of	57673
the following:	57674

(1) Successfully completes the individualized education	57675
program developed for the student for the student's high school	57676
education pursuant to section 3323.08 of the Revised Code;	57677

(2) Subject to section 3313.614 of the Revised Code, has met	57678
the assessment requirements of division (B)(2)(a) or (b) of this	57679
section, as applicable.	57680

(a) If the student entered the ninth grade prior to the date	57681
prescribed by rule of the state board under division (E)(2) of	57682
section 3301.0712 of the Revised Code, the student either:	57683

~~(a)~~(i) Has attained at least the applicable scores designated	57684
under division (B)(1) of section 3301.0710 of the Revised Code on	57685
all the ~~tests~~assessments prescribed under that division;	57686

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	57687
in section 3313.615 of the Revised Code.	57688

(b) If the student entered the ninth grade on or after the	57689
date prescribed by rule of the state board under division (E)(2)	57690
of section 3301.0712 of the Revised Code, the student has	57691
attained on the entire assessment system prescribed under	57692
division (B)(2) of section 3301.0710 of the Revised Code at least	57693
the required passing composite score, designated under division	57694
(C)(1) of section 3301.0712 of the Revised Code.	57695

(3) Has met additional criteria for granting an honors	57696
diploma.	57697

These additional criteria shall be the same as those	57698
prescribed by the state board under division (B) of section	57699
3313.61 of the Revised Code for the granting of such diplomas by	57700
school districts. No honors diploma shall be granted to anyone	57701
failing to comply with this division and not more than one honors	57702
diploma shall be granted to any student under this division.	57703

(C) A diploma or honors diploma awarded under this section	57704
shall be signed by the superintendent of public instruction and	57705
the superintendent of the state school for the blind or the	57706
superintendent of the state school for the deaf, as applicable.	57707
Each diploma shall bear the date of its issue and be in such form	57708
as the school superintendent prescribes.	57709

(D) Upon granting a diploma to a student under this section,	57710
the superintendent of the state school in which the student is	57711
enrolled shall provide notice of receipt of the diploma to the	57712
board of education of the school district where the student is	57713
entitled to attend school under section 3313.64 or 3313.65 of the	57714
Revised Code when not residing at the state school for the blind	57715
or the state school for the deaf. The notice shall indicate the	57716
type of diploma granted.	57717

Sec. 3326.11. Each science, technology, engineering, and	57718
mathematics school established under this chapter and its	57719
governing body shall comply with division (A)(9) of section	57720
3313.60 of the Revised Code and sections 9.90, 9.91, 109.65,	57721
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	57722
~~3301.0712,~~ 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	57723
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	57724
3313.50, 3313.536, 3313.605, 3313.607, 3313.608, 3313.6012,	57725
3313.6013, 3313.6014, 3313.61, 3313.611, 3313.614, 3313.615,	57726
3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.666,	57727
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69,	57728
3313.71, 3313.716, 3313.718, 3313.80, 3313.801, 3313.82,	57729
3313.821, 3313.822, 3313.96, 3319.073, 3319.21, 3319.32,	57730
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	57731
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	57732
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	57733
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	57734
4123., 4141., and 4167. of the Revised Code as if it were a	57735
school district.	57736

Sec. 3326.14. Each science, technology, engineering, and	57737
mathematics school and its governing body shall administer the	57738
~~tests~~assessments required by sections 3301.0710 ~~and~~, 3301.0711,	57739
and 3301.0712 of the Revised Code, as if it were a school	57740
district, except that, notwithstanding any provision of those	57741
sections to the contrary, any student enrolled in a grade lower	57742
than the tenth grade in a STEM school may take one or more of	57743
the Ohio graduation tests prescribed under division (B)(1) of	57744
section 3301.0710 of the Revised Code on any of the dates	57745
prescribed ~~in division (C)(3) of that section~~for that	57746
assessment.	57747

Sec. 3326.21. (A) Each science, technology, engineering, and	57748
mathematics school shall have a treasurer who is licensed under	57749
section 3301.074 of the Revised Code. The governing body of the	57750
school and the treasurer shall comply with sections 3301.072,	57751
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in	57752
the same manner as a school district board of education and a	57753
district treasurer.	57754

(B) Each STEM school shall comply with the financial	57755
reporting standards adopted by the state board of education under	57756
division (B)(2) of section 3301.07 of the Revised Code. Financial	57757
records of each STEM school shall be maintained in the same	57758
manner as are financial records of school districts, pursuant to	57759
rules of the auditor of state.	57760

Sec. 3326.23. The governing body of each science,	57761
technology, engineering, and mathematics school annually shall	57762
provide the following assurances in writing to the department of	57763
education not later than ten business days prior to the opening	57764
of the school:	57765

(A) That the school has a plan for providing special	57766
education and related services to students with disabilities and	57767
has demonstrated the capacity to provide those services in	57768
accordance with Chapter 3323. of the Revised Code and federal	57769
law;	57770

(B) That the school has a plan and procedures for	57771
administering the achievement ~~tests~~ and diagnostic assessments	57772
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	57773
Revised Code;	57774

(C) That school personnel have the necessary training,	57775
knowledge, and resources to properly use and submit information to	57776
all databases maintained by the department for the collection of	57777
education data, including the education management information	57778
system established under section 3301.0714 of the Revised Code;	57779

(D) That all required information about the school has been	57780
submitted to the Ohio education directory system or any successor	57781
system;	57782

(E) That all classroom teachers are licensed in accordance	57783
with sections 3319.22 to 3319.31 of the Revised Code or are	57784
engaged to teach pursuant to section 3319.301 of the Revised Code;	57785

(F) That the school's treasurer is in compliance with	57786
section 3326.21 of the Revised Code;	57787

(G) That the school has complied with sections 3319.39 and	57788
3319.391 of the Revised Code with respect to all employees and	57789
that the school has conducted a criminal records check of each	57790
of its governing body members;	57791

(H) That the school holds all of the following:

57792

(1) Proof of property ownership or a lease for the facilities	57793
used by the school;	57794

(2) A certificate of occupancy;

57795

(3) Liability insurance for the school, as required by	57796
section 3326.11 of the Revised Code;	57797

(4) A satisfactory health and safety inspection;

57798

(5) A satisfactory fire inspection;

57799

(6) A valid food permit, if applicable.

57800

(I) That the governing body has conducted a pre-opening site	57801
visit to the school for the school year for which the assurances	57802
are provided;	57803

(J) That the school has designated a date it will open for	57804
the school year for which the assurances are provided;	57805

(K) That the school has met all of the governing body's	57806
requirements for opening and any other requirements of the	57807
governing body.	57808

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	57809
Revised Code:	57810

(A) ~~"Applicable special education weight" means the multiple~~	57811
~~specified in section 3317.013 of the Revised Code for a disability~~	57812
~~described in that section.~~	57813

~~(B) "Applicable vocational education weight" means the~~	57814
~~multiple specified in section 3317.014 of the Revised Code for~~	57815
~~vocational education programs or classes described in that~~	57816
~~section.~~	57817

~~(C) "Formula amount" has the same meaning as in section~~	57818
~~3317.02 of the Revised Code.~~	57819

~~(D)~~ "IEP" means an individualized education program as	57820
defined in section 3323.01 of the Revised Code.	57821

~~(E) A student is "included in the poverty student count of~~	57822
~~the student's resident district" if the student's family receives~~	57823
~~assistance under the Ohio works first program.~~	57824

~~(F)~~(B) "Resident district" means the school district in which	57825
a student is entitled to attend school under section 3313.64 or	57826
3313.65 of the Revised Code.	57827

~~(G) "State education aid" has the same meaning as in section~~	57828
~~5751.20 of the Revised Code.~~	57829

Sec. 3326.32. Each science, technology, engineering, and	57830
mathematics school shall report to the department of education, in	57831
the form and manner required by the department, all of the	57832
following information:	57833

(A) The total number of students enrolled in the school;

57834

(B) The number of students who are receiving special	57835
education and related services pursuant to an IEP;	57836

(C) For each student reported under division (B) of this	57837
section, which category specified in divisions ~~(A) to (F)~~(D)(1) to	57838
(6) of section ~~3317.013~~3306.02 of the Revised Code applies to	57839
the student;	57840

(D) The full-time equivalent number of students who are	57841
enrolled in vocational education programs or classes described in	57842
each of divisions (A) and (B) of section 3317.014 of the Revised	57843
Code that are provided by the STEM school;	57844

(E) The resident district of each student;

57845

(F) Any additional information the department determines	57846
necessary to make payments ~~under this chapter~~to the school.	57847

Sec. 3326.33. For each student enrolled in a science,	57848
technology, engineering, and mathematics school established under	57849
this chapter other than a school that is governed as provided in	57850
section 3326.51 of the Revised Code, the department of education	57851
annually shall ~~deduct from the state education aid of a student's~~	57852
~~resident school district and, if necessary, from the payment made~~	57853
~~to the district under sections 321.24 and 323.156 of the Revised~~	57854
~~Code and~~ pay to the school the ~~sum of the following:~~	57855

~~(A) The sum of the formula amount plus the per pupil amount~~	57856
~~of the base funding supplements specified in divisions (C)(1) to~~	57857
~~(4) of section 3317.012 of the Revised Code.~~	57858

~~(B) If the student is receiving special education and related~~	57859
~~services pursuant to an IEP, the product of the applicable special~~	57860
~~education weight times the formula amount;~~	57861

~~(C) If the student is enrolled in vocational education~~	57862
~~programs or classes that are described in section 3317.014 of the~~	57863
~~Revised Code, are provided by the school, and are comparable as~~	57864
~~determined by the superintendent of public instruction to school~~	57865
~~district vocational education programs and classes eligible for~~	57866
~~state weighted funding under section 3317.014 of the Revised Code,~~	57867
~~the product of the applicable vocational education weight times~~	57868
~~the formula amount times the percentage of time the student spends~~	57869
~~in the vocational education programs or classes;~~	57870

~~(D) If the student is included in the poverty student count~~	57871
~~of the student's resident district, the per pupil amount of the~~	57872
~~district's payment under division (C) of section 3317.029 of the~~	57873
~~Revised Code;~~	57874

~~(E) If the student is identified as limited English~~	57875
~~proficient and the student's resident district receives a payment~~	57876
~~for services to limited English proficient students under division~~	57877
~~(F) of section 3317.029 of the Revised Code, the per pupil amount~~	57878
~~of the district's payment under that division, calculated in the~~	57879
~~same manner as per pupil payments are calculated under division~~	57880
~~(C)(6) of section 3314.08 of the Revised Code;~~	57881

~~(F) If the student's resident district receives a payment~~	57882
~~under division (G), (H), or (I) of section 3317.029 of the Revised~~	57883
~~Code, the per pupil amount of the district's payments under each~~	57884
~~division, calculated in the same manner as per pupil payments are~~	57885
~~calculated under divisions (C)(7) and (8) of section 3314.08 of~~	57886
~~the Revised Code;~~	57887

~~(G) If the student's resident district receives a parity aid~~	57888
~~payment under section 3317.0217 of the Revised Code, the per pupil~~	57889
~~amount calculated for the district under division (C) or (D) of~~	57890
~~that section~~amount calculated for the school under section	57891
3306.17 of the Revised Code.	57892

Sec. 3326.34. If a science, technology, engineering, and	57893
mathematics school established under this chapter, other than a	57894
school that is governed as provided in section 3326.51 of the	57895
Revised Code, incurs costs for a fiscal year for a student	57896
receiving special education and related services pursuant to an	57897
IEP for a disability described in divisions ~~(B)~~(D)(1) to ~~(F)~~(6)	57898
of section ~~3317.013~~3306.02 of the Revised Code that exceed the	57899
threshold catastrophic cost for serving the student as specified	57900
in division (C)(3)(b) of section 3317.022 of the Revised Code,	57901
the STEM school may submit to the superintendent of public	57902
instruction documentation, as prescribed by the superintendent, of	57903
all its costs for that student. Upon submission of documentation	57904
for a student of the type and in the manner prescribed, the	57905
department of education shall pay to the school an amount equal to	57906
the school's costs for the student in excess of the threshold	57907
catastrophic costs.	57908

The school shall only report under this section, and the	57909
department shall only pay for, the costs of educational expenses	57910
and the related services provided to the student in accordance	57911
with the student's IEP. Any legal fees, court costs, or other	57912
costs associated with any cause of action relating to the student	57913
may not be included in the amount.	57914

Sec. 3326.36. The department of education shall reduce the	57915
amounts paid to a science, technology, engineering, and	57916
mathematics school under section 3326.33 of the Revised Code to	57917
reflect payments made to colleges under division (B) of section	57918
3365.07 of the Revised Code or through alternative funding	57919
agreements entered into under rules adopted under section 3365.12	57920
of the Revised Code. A student shall be considered enrolled in	57921
the school for any portion of the school year the student is	57922
attending a college under Chapter 3365. of the Revised Code.	57923

Sec. 3326.37. The department of education shall not pay to a	57924
science, technology, engineering, and mathematics school any	57925
amount for any of the following:	57926

(A) Any student who has graduated from the twelfth grade of a	57927
public or nonpublic school;	57928

(B) Any student who is not a resident of the state;

57929

(C) Any student who was enrolled in a STEM school during the	57930
previous school year when ~~tests~~assessments were administered	57931
under section 3301.0711 of the Revised Code but did not take one	57932
or more of the ~~tests~~assessments required by that section and was	57933
not excused pursuant to division (C)(1) or (3) of that section,	57934
unless the superintendent of public instruction grants the	57935
student a waiver from the requirement to take the ~~test~~	57936
assessment. The superintendent may grant a waiver only for good	57937
cause in accordance with rules adopted by the state board of	57938
education.	57939

(D) Any student who has attained the age of twenty-two years,	57940
except for veterans of the armed services whose attendance was	57941
interrupted before completing the recognized twelve-year course of	57942
the public schools by reason of induction or enlistment in the	57943
armed forces and who apply for enrollment in a STEM school not	57944
later than four years after termination of war or their honorable	57945
discharge. If, however, any such veteran elects to enroll in	57946
special courses organized for veterans for whom tuition is paid	57947
under federal law, or otherwise, the department shall not pay to	57948
the school any amount for that veteran.	57949

Sec. 3326.38. A science, technology, engineering, and	57950
mathematics school may do all of the following:	57951

(A) ~~Apply to the department of education for gifted unit~~	57952
~~funding;~~	57953

~~(B)~~ Apply to any state or federal agency for grants that a	57954
school district or public school may receive under federal or	57955
state law or any appropriations act of the general assembly;	57956

~~(C)~~(B) Apply to any private entity or foundation for	57957
additional funds.	57958

Sec. 3326.51. (A) As used in this section:

57959

(1) "Resident district" has the same meaning as in section	57960
3326.31 of the Revised Code.	57961

(2) "STEM school sponsoring district" means a municipal,	57962
city, local, exempted village, or joint vocational school district	57963
that governs and controls a STEM school pursuant to this section.	57964

(B) Notwithstanding any other provision of this chapter to	57965
the contrary:	57966

(1) If a proposal for a STEM school submitted under section	57967
3326.03 of the Revised Code proposes that the governing body of	57968
the school be the board of education of a municipal, city, local,	57969
exempted village, or joint vocational school district that is one	57970
of the partners submitting the proposal, and the partnership for	57971
continued learning approves that proposal, that school district	57972
board shall govern and control the STEM school as one of the	57973
schools of its district.	57974

(2) The STEM school sponsoring district shall maintain a	57975
separate accounting for the STEM school as a separate and distinct	57976
operational unit within the district's finances. The auditor of	57977
state, in the course of an annual or biennial audit of the school	57978
district serving as the STEM school sponsoring district, shall	57979
audit that school district for compliance with the financing	57980
requirements of this section.	57981

(3) With respect to students enrolled in a STEM school whose	57982
resident district is the STEM school sponsoring district:	57983

(a) ~~The department of education shall make no deductions~~	57984
~~under section 3326.33 of the Revised Code from the STEM school~~	57985
~~sponsoring district's state payments.~~	57986

~~(b)~~ The STEM school sponsoring district shall ensure that it	57987
allocates to the STEM school funds equal to or exceeding the	57988
amount ~~that would be~~ calculated pursuant to ~~division (B) of~~	57989
~~section 3313.981~~Chapter 3306. of the Revised Code for the	57990
students attending the school whose resident district is the STEM	57991
school sponsoring district.	57992

~~(c)~~(b) The STEM school sponsoring district is responsible for	57993
providing children with disabilities with a free appropriate	57994
public education under Chapter 3323. of the Revised Code.	57995

~~(d)~~(c) The STEM school sponsoring district shall provide	57996
student transportation in accordance with laws and policies	57997
generally applicable to the district.	57998

(4) With respect to students enrolled in the STEM school	57999
whose resident district is another school district, ~~the department~~	58000
~~shall make no payments or deductions under sections 3326.31 to~~	58001
~~3326.49 of the Revised Code. Instead,~~ the students shall be	58002
considered as open enrollment students and the ~~department shall~~	58003
~~make payments and deductions in accordance with~~STEM school	58004
sponsoring district shall include those students in its formula	58005
ADM reported under section ~~3313.981~~3317.03 of the Revised Code.	58006
The STEM school sponsoring district shall allocate ~~the~~state	58007
payments received under Chapter 3306. of the Revised Code that are	58008
attributable to those students to the STEM school. The STEM school	58009
sponsoring district may enter into financial agreements with the	58010
students' resident districts, which agreements may provide	58011
financial support in addition to the funds received ~~from the open~~	58012
~~enrollment calculation~~under Chapter 3306. of the Revised Code.	58013
The STEM school sponsoring district shall allocate all such	58014
additional funds to the STEM school.	58015

(5) Where the department is required to make, deny, reduce,	58016
or adjust payments to a STEM school sponsoring district pursuant	58017
to this section, it shall do so in such a manner that the STEM	58018
school sponsoring district may allocate that action to the STEM	58019
school.	58020

(6) A STEM school sponsoring district and its board may	58021
assign its district employees to the STEM school, in which case	58022
section 3326.18 of the Revised Code shall not apply. The district	58023
and board may apply any other resources of the district to the	58024
STEM school in the same manner that it applies district resources	58025
to other district schools.	58026

(7) Provisions of this chapter requiring a STEM school and	58027
its governing body to comply with specified laws as if it were a	58028
school district and in the same manner as a board of education	58029
shall instead require such compliance by the STEM school	58030
sponsoring district and its board of education, respectively, with	58031
respect to the STEM school. Where a STEM school or its governing	58032
body is required to perform a specific duty or permitted to take a	58033
specific action under this chapter, that duty is required to be	58034
performed or that action is permitted to be taken by the STEM	58035
school sponsoring district or its board of education,	58036
respectively, with respect to the STEM school.	58037

(8) No provision of this chapter limits the authority, as	58038
provided otherwise by law, of a school district and its board of	58039
education to levy taxes and issue bonds secured by tax revenues.	58040

(9) The treasurer of the STEM school sponsoring district or,	58041
if the STEM school sponsoring district is a municipal school	58042
district, the chief financial officer of the district, shall have	58043
all of the respective rights, authority, exemptions, and duties	58044
otherwise conferred upon the treasurer or chief financial officer	58045
by the Revised Code.	58046

Sec. 3327.02. (A) After considering each of the following	58047
factors, the board of education of a city, exempted village, or	58048
local school district may determine that it is impractical to	58049
transport a pupil who is eligible for transportation to and from a	58050
school under section 3327.01 of the Revised Code:	58051

(1) The time and distance required to provide the	58052
transportation;	58053

(2) The number of pupils to be transported;

58054

(3) The cost of providing transportation in terms of	58055
equipment, maintenance, personnel, and administration;	58056

(4) Whether similar or equivalent service is provided to	58057
other pupils eligible for transportation;	58058

(5) Whether and to what extent the additional service	58059
unavoidably disrupts current transportation schedules;	58060

(6) Whether other reimbursable types of transportation are	58061
available.	58062

(B)(1) Based on its consideration of the factors established	58063
in division (A) of this section, the board may pass a resolution	58064
declaring the impracticality of transportation. The resolution	58065
shall include each pupil's name and the reason for impracticality.	58066

(2) The board shall report its determination to the state	58067
board of education in a manner determined by the state board.	58068

(3) The board of education of a local school district	58069
additionally shall submit the resolution for concurrence to the	58070
educational service center that contains the local district's	58071
territory. If the educational service center governing board	58072
considers transportation by school conveyance practicable, it	58073
shall so inform the local board and transportation shall be	58074
provided by such local board. If the educational service center	58075
board agrees with the view of the local board, the local board may	58076
offer payment in lieu of transportation as provided in this	58077
section.	58078

(C) After passing the resolution declaring the impracticality	58079
of transportation, the district board shall offer to provide	58080
payment in lieu of transportation by doing the following:	58081

(1) In accordance with guidelines established by the	58082
department of education, informing the pupil's parent, guardian,	58083
or other person in charge of the pupil of both of the following:	58084

(a) The board's resolution;

58085

(b) The right of the pupil's parent, guardian, or other	58086
person in charge of the pupil to accept the offer of payment in	58087
lieu of transportation or to reject the offer and instead request	58088
the department to initiate mediation procedures.	58089

(2) Issuing the pupil's parent, guardian, or other person in	58090
charge of the pupil a contract or other form on which the parent,	58091
guardian, or other person in charge of the pupil is given the	58092
option to accept or reject the board's offer of payment in lieu of	58093
transportation.	58094

(D) If the parent, guardian, or other person in charge of the	58095
pupil accepts the offer of payment in lieu of providing	58096
transportation, the board shall pay the parent, guardian, or other	58097
person in charge of the child an amount that shall be not less	58098
than the amount determined by the department of education as the	58099
minimum for payment in lieu of transportation, and not more than	58100
the amount determined by the department as the average cost of	58101
pupil transportation for the previous school year. Payment may be	58102
prorated if the time period involved is only a part of the school	58103
year.	58104

(E)(1)(a) Upon the request of a parent, guardian, or other	58105
person in charge of the pupil who rejected the payment in lieu of	58106
transportation, the department shall conduct mediation procedures.	58107

(b) If the mediation does not resolve the dispute, the state	58108
board of education shall conduct a hearing in accordance with	58109
Chapter 119. of the Revised Code. The state board may approve the	58110
payment in lieu of transportation or may order the board of	58111
education to provide transportation. The decision of the state	58112
board is binding in subsequent years and on future parties in	58113
interest provided the facts of the determination remain	58114
comparable.	58115

(2) The school district shall provide transportation for the	58116
pupil from the time the parent, guardian, or other person in	58117
charge of the pupil requests mediation until the matter is	58118
resolved under division (E)(1)(a) or (b) of this section.	58119

(F)(1) If the department determines that a school district	58120
board has failed or is failing to provide transportation as	58121
required by division (E)(2) of this section or as ordered by the	58122
state board under division (E)(1)(b) of this section, the	58123
department shall order the school district board to pay to the	58124
pupil's parent, guardian, or other person in charge of the pupil,	58125
an amount equal to the state average daily cost of transportation	58126
as determined by the state board of education for the previous	58127
year. The school district board shall make payments on a schedule	58128
ordered by the department.	58129

(2) If the department subsequently finds that a school	58130
district board is not in compliance with an order issued under	58131
division (F)(1) of this section and the affected pupils are	58132
enrolled in a nonpublic or community school, the department shall	58133
deduct the amount that the board is required to pay under that	58134
order from any payments the department makes to the school	58135
district board under ~~division (D) of~~ section ~~3317.022~~3306.12 of	58136
the Revised Code. The department shall use the moneys so deducted	58137
to make payments to the nonpublic or community school attended by	58138
the pupil. The department shall continue to make the deductions	58139
and payments required under this division until the school	58140
district board either complies with the department's order issued	58141
under division (F)(1) of this section or begins providing	58142
transportation.	58143

(G) A nonpublic or community school that receives payments	58144
from the department under division (F)(2) of this section shall do	58145
either of the following:	58146

(1) Disburse the entire amount of the payments to the parent,	58147
guardian, or other person in control of the pupil affected by the	58148
failure of the school district of residence to provide	58149
transportation;	58150

(2) Use the entire amount of the payments to provide	58151
acceptable transportation for the affected pupil.	58152

Sec. 3327.04. (A) The board of education of any city,	58153
exempted village, or local school district may contract with the	58154
board of another district for the admission or transportation, or	58155
both, of pupils into any school in such other district, on terms	58156
agreed upon by such boards.	58157

(B) The boards of two school districts may enter into a	58158
contract under this section to share the provision of	58159
transportation to a child who resides in one school district and	58160
attends school in the other district. Under such an agreement,	58161
one district may claim the total transportation subsidy available	58162
for such child under ~~division (D) of~~ section ~~3317.022~~3306.12 of	58163
the Revised Code and may agree to pay any portion of such subsidy	58164
to the other district sharing the provision of transportation to	58165
that child. The contract shall delineate the transportation	58166
responsibilities of each district.	58167

A school district that enters into a contract under this	58168
section is not liable for any injury, death, or loss to the person	58169
or property of a student that may occur while the student is being	58170
furnished transportation by the other school district that is a	58171
party to the contract.	58172

(C) Whenever a board not maintaining a high school enters	58173
into an agreement with one or more boards maintaining such school	58174
for the schooling of all its high school pupils, the board making	58175
such agreement is exempt from the payment of tuition at other high	58176
schools of pupils living within three miles of the school	58177
designated in the agreement. In case no such agreement is entered	58178
into, the high school to be attended can be selected by the pupil	58179
holding an eighth grade diploma, and the tuition shall be paid by	58180
the board of the district of school residence.	58181

Sec. 3327.05. (A) Except as provided in division (B) of this	58182
section, no board of education of any school district shall	58183
provide transportation for any pupil who is a school resident of	58184
another school district unless the pupil is enrolled pursuant to	58185
section 3313.98 of the Revised Code or the board of the other	58186
district has given its written consent thereto. If the board of	58187
any school district files with the state board of education a	58188
written complaint that transportation for resident pupils is being	58189
provided by the board of another school district contrary to this	58190
division, the state board of education shall make an investigation	58191
of such complaint. If the state board of education finds that	58192
transportation is being provided contrary to this section, it may	58193
withdraw from state funds due the offending district any part of	58194
the amount that has been approved for transportation pursuant to	58195
~~division (D) of~~ section ~~3317.022~~3306.12 of the Revised Code.	58196

(B) Notwithstanding division (D) of section 3311.19 and	58197
division (D) of section 3311.52 of the Revised Code, this division	58198
does not apply to any joint vocational or cooperative education	58199
school district.	58200

A board of education may provide transportation to and from	58201
the nonpublic school of attendance if both of the following apply:	58202

(1) The parent, guardian, or other person in charge of the	58203
pupil agrees to pay the board for all costs incurred in providing	58204
the transportation that are not reimbursed pursuant to Chapter	58205
3306. or 3317. of the Revised Code;	58206

(2) The pupil's school district of residence does not provide	58207
transportation for public school pupils of the same grade as the	58208
pupil being transported under this division, or that district is	58209
not required under section 3327.01 of the Revised Code to	58210
transport the pupil to and from the nonpublic school because the	58211
direct travel time to the nonpublic school is more than thirty	58212
minutes.	58213

Upon receipt of the request to provide transportation, the	58214
board shall review the request and determine whether the board	58215
will accommodate the request. If the board agrees to transport the	58216
pupil, the board may transport the pupil to and from the nonpublic	58217
school and a collection point in the district, as determined by	58218
the board. If the board transports the pupil, the board may	58219
include the pupil in the district's transportation ADM reported to	58220
the department of education under section 3317.03 of the Revised	58221
Code and, accordingly, may receive a state payment under ~~division~~	58222
~~(D) of~~ section ~~3317.022~~3306.12 of the Revised Code for	58223
transporting the pupil.	58224

If the board declines to transport the pupil, the board, in a	58225
written communication to the parent, guardian, or other person in	58226
charge of the pupil, shall state the reasons for declining the	58227
request.	58228

Sec. 3329.16. If the superintendent of public instruction	58229
determines that a school district has expended for other purposes	58230
any moneys appropriated by the general assembly for the specific	58231
purpose of purchasing textbooks or other instructional materials,	58232
the superintendent shall notify the school district of this	58233
determination within seven days and shall deduct the amount so	58234
expended from payments otherwise due to the district under Chapter	58235
3306. or 3317. of the Revised Code.	58236

Sec. 3333.04. The chancellor of the Ohio board of regents	58237
shall:	58238

(A) Make studies of state policy in the field of higher	58239
education and formulate a master plan for higher education for the	58240
state, considering the needs of the people, the needs of the	58241
state, and the role of individual public and private institutions	58242
within the state in fulfilling these needs;	58243

(B)(1) Report annually to the governor and the general	58244
assembly on the findings from the chancellor's studies and the	58245
master plan for higher education for the state;	58246

(2) Report at least semiannually to the general assembly and	58247
the governor the enrollment numbers at each state-assisted	58248
institution of higher education.	58249

(C) Approve or disapprove the establishment of new branches	58250
or academic centers of state colleges and universities;	58251

(D) Approve or disapprove the establishment of state	58252
technical colleges or any other state institution of higher	58253
education;	58254

(E) Recommend the nature of the programs, undergraduate,	58255
graduate, professional, state-financed research, and public	58256
services which should be offered by the state colleges,	58257
universities, and other state-assisted institutions of higher	58258
education in order to utilize to the best advantage their	58259
facilities and personnel;	58260

(F) Recommend to the state colleges, universities, and other	58261
state-assisted institutions of higher education graduate or	58262
professional programs, including, but not limited to, doctor of	58263
philosophy, doctor of education, and juris doctor programs, that	58264
could be eliminated because they constitute unnecessary	58265
duplication, as shall be determined using the process developed	58266
pursuant to this division, or for other good and sufficient cause.	58267
Prior to recommending a program for elimination, the chancellor	58268
shall request the board of regents to hold at least one public	58269
hearing on the matter and advise the chancellor on whether the	58270
program should be recommended for elimination. The board shall	58271
provide notice of each hearing within a reasonable amount of time	58272
prior to its scheduled date. Following the hearing, the board	58273
shall issue a recommendation to the chancellor. The chancellor	58274
shall consider the board's recommendation but shall not be	58275
required to accept it.	58276

For purposes of determining the amounts of any state	58277
instructional subsidies paid to state colleges, universities, and	58278
other state-assisted institutions of higher education, the	58279
chancellor may exclude students enrolled in any program that the	58280
chancellor has recommended for elimination pursuant to this	58281
division except that the chancellor shall not exclude any such	58282
student who enrolled in the program prior to the date on which the	58283
chancellor initially commences to exclude students under this	58284
division.	58285

The chancellor and state colleges, universities, and other	58286
state-assisted institutions of higher education shall jointly	58287
develop a process for determining which existing graduate or	58288
professional programs constitute unnecessary duplication.	58289

(G) Recommend to the state colleges, universities, and other	58290
state-assisted institutions of higher education programs which	58291
should be added to their present programs;	58292

(H) Conduct studies for the state colleges, universities, and	58293
other state-assisted institutions of higher education to assist	58294
them in making the best and most efficient use of their existing	58295
facilities and personnel;	58296

(I) Make recommendations to the governor and general assembly	58297
concerning the development of state-financed capital plans for	58298
higher education; the establishment of new state colleges,	58299
universities, and other state-assisted institutions of higher	58300
education; and the establishment of new programs at the existing	58301
state colleges, universities, and other institutions of higher	58302
education;	58303

(J) Review the appropriation requests of the public community	58304
colleges and the state colleges and universities and submit to the	58305
office of budget and management and to the chairpersons of the	58306
finance committees of the house of representatives and of the	58307
senate the chancellor's recommendations in regard to the biennial	58308
higher education appropriation for the state, including	58309
appropriations for the individual state colleges and universities	58310
and public community colleges. For the purpose of determining the	58311
amounts of instructional subsidies to be paid to state-assisted	58312
colleges and universities, the chancellor shall define "full-time	58313
equivalent student" by program per academic year. The definition	58314
may take into account the establishment of minimum enrollment	58315
levels in technical education programs below which support	58316
allowances will not be paid. Except as otherwise provided in this	58317
section, the chancellor shall make no change in the definition of	58318
"full-time equivalent student" in effect on November 15, 1981,	58319
which would increase or decrease the number of subsidy-eligible	58320
full-time equivalent students, without first submitting a fiscal	58321
impact statement to the president of the senate, the speaker of	58322
the house of representatives, the legislative service commission,	58323
and the director of budget and management. The chancellor shall	58324
work in close cooperation with the director of budget and	58325
management in this respect and in all other matters concerning the	58326
expenditures of appropriated funds by state colleges,	58327
universities, and other institutions of higher education.	58328

(K) Seek the cooperation and advice of the officers and	58329
trustees of both public and private colleges, universities, and	58330
other institutions of higher education in the state in performing	58331
the chancellor's duties and making the chancellor's plans,	58332
studies, and recommendations;	58333

(L) Appoint advisory committees consisting of persons	58334
associated with public or private secondary schools, members of	58335
the state board of education, or personnel of the state department	58336
of education;	58337

(M) Appoint advisory committees consisting of college and	58338
university personnel, or other persons knowledgeable in the field	58339
of higher education, or both, in order to obtain their advice and	58340
assistance in defining and suggesting solutions for the problems	58341
and needs of higher education in this state;	58342

(N) Approve or disapprove all new degrees and new degree	58343
programs at all state colleges, universities, and other	58344
state-assisted institutions of higher education;	58345

(O) Adopt such rules as are necessary to carry out the	58346
chancellor's duties and responsibilities. The rules shall	58347
prescribe procedures for the chancellor to follow when taking	58348
actions associated with the chancellor's duties and	58349
responsibilities and shall indicate which types of actions are	58350
subject to those procedures. The procedures adopted under this	58351
division shall be in addition to any other procedures prescribed	58352
by law for such actions. However, if any other provision of the	58353
Revised Code or rule adopted by the chancellor prescribes	58354
different procedures for such an action, the procedures adopted	58355
under this division shall not apply to that action to the extent	58356
they conflict with the procedures otherwise prescribed by law. The	58357
procedures adopted under this division shall include at least the	58358
following:	58359

(1) Provision for public notice of the proposed action;

58360

(2) An opportunity for public comment on the proposed action,	58361
which may include a public hearing on the action by the board of	58362
regents;	58363

(3) Methods for parties that may be affected by the proposed	58364
action to submit comments during the public comment period;	58365

(4) Submission of recommendations from the board of regents	58366
regarding the proposed action, at the request of the chancellor;	58367

(5) Written publication of the final action taken by the	58368
chancellor and the chancellor's rationale for the action;	58369

(6) A timeline for the process described in divisions (O)(1)	58370
to (5) of this section.	58371

(P) Establish and submit to the governor and the general	58372
assembly a clear and measurable set of goals and timetables for	58373
their achievement for each program under the chancellor's	58374
supervision that is designed to accomplish any of the following:	58375

(1) Increased access to higher education;

58376

(2) Job training;

58377

(3) Adult literacy;

58378

(4) Research;

58379

(5) Excellence in higher education;

58380

(6) Reduction in the number of graduate programs within the	58381
same subject area.	58382

In July of each odd-numbered year, the chancellor shall	58383
submit to the governor and the general assembly a report on	58384
progress made toward these goals.	58385

(Q) Make recommendations to the governor and the general	58386
assembly regarding the design and funding of the student financial	58387
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	58388
~~3333.27~~3333.26, and 5910.02 of the Revised Code;	58389

(R) Participate in education-related state or federal	58390
programs on behalf of the state and assume responsibility for the	58391
administration of such programs in accordance with applicable	58392
state or federal law;	58393

(S) Adopt rules for student financial aid programs as	58394
required by sections 3333.12, 3333.122, 3333.21 to ~~3333.27~~	58395
3333.26, 3333.28, and 5910.02 of the Revised Code, and perform	58396
any other administrative functions assigned to the chancellor by	58397
those sections;	58398

(T) Conduct enrollment audits of state-supported	58399
institutions of higher education;	58400

(U) Appoint consortia of college and university personnel	58401
to advise or participate in the development and operation of	58402
statewide collaborative efforts, including the Ohio supercomputer	58403
center, the Ohio academic resources network, OhioLink, and the	58404
Ohio learning network. For each consortium, the chancellor shall	58405
designate a college or university to serve as that consortium's	58406
fiscal agent, financial officer, and employer. Any funds	58407
appropriated for the consortia shall be distributed to the	58408
fiscal agents for the operation of the consortia. A consortium	58409
shall follow the rules of the college or university that serves	58410
as its fiscal agent. The chancellor may restructure existing	58411
consortia, appointed under this division, in accordance with	58412
procedures adopted under divisions (D)(1) to (6) of this section.	58413

(V) Adopt rules establishing advisory duties and	58414
responsibilities of the board of regents not otherwise prescribed	58415
by law;	58416

(W) Respond to requests for information about higher	58417
education from members of the general assembly and direct staff to	58418
conduct research or analysis as needed for this purpose.	58419

Sec. 3333.048. (A) Not later than one year after the	58420
effective date of this section, the chancellor of the Ohio board	58421
of regents and the superintendent of public instruction jointly	58422
shall do the following:	58423

(1) In accordance with Chapter 119. of the Revised Code,	58424
establish metrics and educator preparation programs for the	58425
preparation of educators and other school personnel and the	58426
institutions of higher education that are engaged in their	58427
preparation. The metrics and educator preparation programs shall	58428
be aligned with the standards and qualifications for educator	58429
licenses adopted by the state board of education under section	58430
3319.22 of the Revised Code and the requirements of the Ohio	58431
teacher residency program established under section 3319.223 of	58432
the Revised Code. The metrics and educator preparation programs	58433
also shall ensure that educators and other school personnel are	58434
adequately prepared to use the value-added progress dimension	58435
prescribed by section 3302.021 of the Revised Code.	58436

(2) Provide for the inspection of institutions of higher	58437
education desiring to prepare educators and other school	58438
personnel.	58439

(B) Not later than one year after the effective date of this	58440
section, the chancellor shall approve institutions of higher	58441
education engaged in the preparation of educators and other school	58442
personnel that maintain satisfactory training procedures and	58443
records of performance, as determined by the chancellor.	58444

(C) If the metrics established under division (A)(1) of this	58445
section require an institution of higher education that prepares	58446
teachers to satisfy the standards of an independent accreditation	58447
organization, the chancellor shall permit each institution to	58448
satisfy the standards of either the national council for	58449
accreditation of teacher education or the teacher education	58450
accreditation council.	58451

(D) The metrics and educator preparation programs established	58452
under division (A)(1) of this section may require an institution	58453
of higher education, as a condition of approval by the	58454
chancellor, to make changes in the curricula of its preparation	58455
programs for educators and other school personnel.	58456

Notwithstanding division (D) of section 119.03 and division	58457
(A)(1) of section 119.04 of the Revised Code, any metrics,	58458
educator preparation programs, rules, and regulations, or any	58459
amendment or rescission of such metrics, educator preparation	58460
programs, rules, and regulations, adopted under this section that	58461
necessitate institutions offering preparation programs for	58462
educators and other school personnel approved by the chancellor	58463
to revise the curricula of those programs shall not be effective	58464
for at least one year after the first day of January next	58465
succeeding the publication of the said change.	58466

Each institution shall allocate money from its existing	58467
appropriations to pay the cost of making the curricular changes.	58468

(E) The chancellor shall notify the state board of the	58469
metrics and educator preparation programs established under	58470
division (A)(1) of this section and the institutions of higher	58471
education approved under division (B) of this section. The state	58472
board shall publish the metrics, educator preparation programs,	58473
and approved institutions with the standards and qualifications	58474
for each type of educator license.	58475

(F) The graduates of institutions of higher education	58476
approved by the chancellor shall be licensed by the state board in	58477
accordance with the standards and qualifications adopted under	58478
section 3319.22 of the Revised Code.	58479

~~Sec. 3319.233.~~ Sec. 3333.049. The ~~state board of education~~	58480
chancellor of the Ohio board of regents, in collaboration with the	58481
~~Ohio board of regents~~state board of education, shall issue an	58482
annual report on the quality of institutions approved for the	58483
preparation of teachers pursuant to section ~~3319.23~~3333.048 of	58484
the Revised Code. The ~~state board~~chancellor shall prepare the	58485
report in collaboration with the state board ~~of regents~~ and the	58486
teacher quality partnership and shall use data collected by the	58487
partnership and other educational agencies as the basis for the	58488
information contained in the report. The report shall include at	58489
least the following information:	58490

(A) Identification of best practices in the preparation of	58491
teachers drawn from research conducted by the teacher quality	58492
partnership and other regional and national educational research	58493
efforts;	58494

(B) A plan for implementing best practices in approved	58495
teacher preparation institutions;	58496

(C) The number of graduates of approved teacher preparation	58497
institutions who graduated with a subject area specialty and teach	58498
grades seven through twelve. The number shall be disaggregated	58499
according to the subject areas of mathematics, science, foreign	58500
language, special education and related services, and any other	58501
subject area determined by the ~~state board~~chancellor.	58502

(D) A plan to be implemented by the teacher preparation	58503
programs approved by the ~~state board~~chancellor under section	58504
~~3319.23~~3333.048 of the Revised Code for increasing the number of	58505
classroom teachers in science, mathematics, and foreign language	58506
toward meeting the identified needs for teachers in those subject	58507
areas throughout the state but especially in hard-to-staff	58508
schools.	58509

The ~~state board~~chancellor shall submit the report to the	58510
governor, the speaker and minority leader of the house of	58511
representatives, the president and minority leader of the senate,	58512
the chairpersons and ranking minority members of the standing	58513
committees of the house of representatives and the senate that	58514
consider education legislation, and the ~~chancellor of the~~state	58515
board ~~of regents~~.	58516

Sec. 3333.122. (A) ~~As used in this section:~~

58517

~~(1) "Eligible student" means a student who is:~~

58518

~~(a) An Ohio resident who first enrolls in an undergraduate~~	58519
~~program in the 2006-2007 academic year or thereafter;~~	58520

~~(b) If the student first enrolled in an undergraduate~~	58521
~~program in the 2006-2007 or 2007-2008 academic year, the student~~	58522
~~is enrolled in one of the following:~~	58523

~~(i) An accredited institution of higher education in this~~	58524
~~state that meets the requirements of Title VI of the Civil Rights~~	58525
~~Act of 1964 and is state-assisted, is nonprofit and has a~~	58526
~~certificate of authorization pursuant to Chapter 1713. of the~~	58527
~~Revised Code, has a certificate of registration from the state~~	58528
~~board of career colleges and schools and program authorization to~~	58529
~~award an associate or bachelor's degree, or is a private~~	58530
~~institution exempt from regulation under Chapter 3332. of the~~	58531
~~Revised Code as prescribed in section 3333.046 of the Revised~~	58532
~~Code. Students who attend an institution that holds a certificate~~	58533
~~of registration shall be enrolled in a program leading to an~~	58534
~~associate or bachelor's degree for which associate or bachelor's~~	58535
~~degree program the institution has program authorization issued~~	58536
~~under section 3332.05 of the Revised Code.~~	58537

~~(ii) A technical education program of at least two years~~	58538
~~duration sponsored by a private institution of higher education in~~	58539
~~this state that meets the requirements of Title VI of the Civil~~	58540
~~Rights Act of 1964;~~	58541

~~(iii) A nursing diploma program approved by the board of~~	58542
~~nursing under division (A)(5) of section 4723.06 of the Revised~~	58543
~~Code and that meets the requirements of Title VI of the Civil~~	58544
~~Rights Act of 1964.~~	58545

~~(c) If the student first enrolled in an undergraduate program~~	58546
~~after the 2007-2008 academic year, the student is enrolled in~~	58547
~~one of the following:~~	58548

~~(i) An accredited institution of higher education in this~~	58549
~~state that meets the requirements of Title VI of the Civil Rights~~	58550
~~Act of 1964 and is state-assisted, is nonprofit and has a~~	58551
~~certificate of authorization pursuant to Chapter 1713. of the~~	58552
~~Revised Code, or is a private institution exempt from regulation~~	58553
~~under Chapter 3332. of the Revised Code as prescribed in section~~	58554
~~3333.046 of the Revised Code;~~	58555

~~(ii) An education program of at least two years duration~~	58556
~~sponsored by a private institution of higher education in this~~	58557
~~state that meets the requirements of Title VI of the Civil Rights~~	58558
~~Act of 1964 and has a certificate of authorization pursuant to~~	58559
~~Chapter 1713. of the Revised Code;~~	58560

~~(iii) A nursing diploma program approved by the board of~~	58561
~~nursing under division (A)(5) of section 4723.06 of the Revised~~	58562
~~Code and that meets the requirements of Title VI of the Civil~~	58563
~~Rights Act of 1964.~~	58564

~~(2) A student who participated in either the early college~~	58565
~~high school program administered by the department of education or~~	58566
~~in the post-secondary enrollment options program pursuant to~~	58567
~~Chapter 3365. of the Revised Code before the 2006-2007 academic~~	58568
~~year shall not be excluded from eligibility for a needs-based~~	58569
~~financial aid grant under this section.~~	58570

~~(3) "Resident~~The chancellor of the Ohio board of regents	58571
shall adopt rules to carry out this section and as authorized	58572
under section 3333.123 of the Revised Code. The rules shall	58573
include definitions of the terms "resident," "expected family	58574
contribution~~" or "EFC~~," "full-time student," "three-quarters-time	58575
student," "half-time student," "one-quarter-time student," "state	58576
cost of attendance," and "accredited" ~~shall be defined by rules~~	58577
~~adopted by the chancellor of the Ohio board of regents~~for the	58578
purpose of those sections.	58579

(B)(1) Only an Ohio resident who meets both of the following	58580
is eligible for a grant awarded under this division:	58581

(a) The resident has an expected family contribution of two	58582
thousand one hundred ninety or less;	58583

(b) The resident enrolls in an undergraduate program or in a	58584
nursing diploma program approved by the board of nursing under	58585
division (A)(5) of section 4723.06 of the Revised Code, at a	58586
state-assisted state institution of higher education, as defined	58587
in section 3345.12 of the Revised Code, that meets the	58588
requirements of Title VI of the Civil Rights Act of 1964.	58589

(2) The chancellor shall establish and administer a	58590
needs-based financial aid grants program based on the United	58591
States department of education's method of determining financial	58592
need ~~and may adopt rules to carry out this section~~. The program	58593
shall be known as the Ohio college opportunity grant program. The	58594
general assembly shall support the needs-based financial aid	58595
program by such sums and in such manner as it may provide, but	58596
the chancellor also may ~~also~~ receive funds from other sources to	58597
support the program. If, for any academic year, the amounts	58598
available for support of the program are inadequate to provide	58599
grants to all eligible students, the chancellor shall do one of	58600
the following:	58601

(a) Give preference in the payment of grants ~~shall be given~~	58602
~~in terms of~~based upon expected family contribution, beginning	58603
with the lowest expected family contribution category and	58604
proceeding upward by category to the highest expected family	58605
contribution category;	58606

(b) Proportionately reduce the amount of each grant to be	58607
awarded for the academic year under division (B) of this section;	58608

(c) Use an alternate formula for such grants that addresses	58609
the shortage of available funds and has been submitted to and	58610
approved by the controlling board.	58611

A(3) The needs-based financial aid grant shall be paid to an	58612
the eligible student through the institution in which the student	58613
is enrolled, except that no needs-based financial aid grant shall	58614
be paid to any person serving a term of imprisonment.	58615
Applications for ~~such~~the grants shall be made as prescribed by	58616
the chancellor, and such applications may be made in conjunction	58617
with and upon the basis of information provided in conjunction	58618
with student assistance programs funded by agencies of the United	58619
States government or from financial resources of the institution	58620
of higher education. The institution shall certify that the	58621
student applicant meets the requirements set forth in ~~divisions~~	58622
~~(A)(1)(a) and (b)~~division (B)(1) of this section. Needs-based	58623
financial aid grants shall be provided to an eligible student	58624
only as long as the student is making appropriate progress toward	58625
a nursing diploma or an associate or bachelor's degree. No	58626
student shall be eligible to receive a grant for more than ten	58627
semesters, fifteen quarters, or the equivalent of five academic	58628
years. A grant made to an eligible student on the basis of less	58629
than full-time enrollment shall be based on the number of credit	58630
hours for which the student is enrolled and shall be computed in	58631
accordance with a formula adopted by rule issued by the	58632
chancellor. No student shall receive more than one grant on the	58633
basis of less than full-time enrollment.	58634

~~A needs-based financial aid grant shall not exceed the total~~	58635
~~instructional and general charges of the institution.~~	58636

~~(C) The tables in this division prescribe the maximum grant~~	58637
~~amounts covering two semesters, three quarters, or a comparable~~	58638
~~portion of one academic year. Grant amounts for additional terms~~	58639
~~in the same academic year shall be determined under division (D)~~	58640
~~of this section.~~	58641

~~As used in the tables in division (C) of this section:~~

58642

~~(1) "Private institution" means an institution that is~~	58643
~~nonprofit and has a certificate of authorization pursuant to~~	58644
~~Chapter 1713. of the Revised Code.~~	58645

~~(2) "Career college" means either an institution that holds a~~	58646
~~certificate of registration from the state board of career~~	58647
~~colleges and schools or a private institution exempt from~~	58648
~~regulation under Chapter 3332. of the Revised Code as prescribed~~	58649
~~in section 3333.046 of the Revised Code.~~	58650

~~Full-time students shall be eligible to receive awards~~	58651
~~according to the following table:~~	58652

~~Full-Time Enrollment~~	58653

~~If the EFC is equal to or greater than:~~	~~And if the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	58654
~~$2,101~~	~~$2,190~~	~~$300~~	~~$600~~	~~$480~~	58655
~~2,001~~	~~2,100~~	~~402~~	~~798~~	~~642~~	58656
~~1,901~~	~~2,000~~	~~498~~	~~1,002~~	~~798~~	58657
~~1,801~~	~~1,900~~	~~600~~	~~1,200~~	~~960~~	58658
~~1,701~~	~~1,800~~	~~702~~	~~1,398~~	~~1,122~~	58659
~~1,601~~	~~1,700~~	~~798~~	~~1,602~~	~~1,278~~	58660
~~1,501~~	~~1,600~~	~~900~~	~~1,800~~	~~1,440~~	58661
~~1,401~~	~~1,500~~	~~1,002~~	~~1,998~~	~~1,602~~	58662
~~1,301~~	~~1,400~~	~~1,098~~	~~2,202~~	~~1,758~~	58663
~~1,201~~	~~1,300~~	~~1,200~~	~~2,400~~	~~1,920~~	58664
~~1,101~~	~~1,200~~	~~1,302~~	~~2,598~~	~~2,082~~	58665
~~1,001~~	~~1,100~~	~~1,398~~	~~2,802~~	~~2,238~~	58666
~~901~~	~~1,000~~	~~1,500~~	~~3,000~~	~~2,400~~	58667
~~801~~	~~900~~	~~1,602~~	~~3,198~~	~~2,562~~	58668
~~701~~	~~800~~	~~1,698~~	~~3,402~~	~~2,718~~	58669
~~601~~	~~700~~	~~1,800~~	~~3,600~~	~~2,280~~	58670
~~501~~	~~600~~	~~1,902~~	~~3,798~~	~~3,042~~	58671
~~401~~	~~500~~	~~1,998~~	~~4,002~~	~~3,198~~	58672
~~301~~	~~400~~	~~2,100~~	~~4,200~~	~~3,360~~	58673
~~201~~	~~300~~	~~2,202~~	~~4,398~~	~~3,522~~	58674
~~101~~	~~200~~	~~2,298~~	~~4,602~~	~~3,678~~	58675
1	~~100~~	~~2,400~~	~~4,800~~	~~3,840~~	58676
0	0	~~2,496~~	~~4,992~~	~~3,996~~	58677

~~Three-quarters-time students shall be eligible to receive~~	58678
~~awards according to the following table:~~	58679

~~Three-Quarters-Time Enrollment~~	58680

~~If the EFC is equal to or greater than:~~	~~And the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	58681
~~$2,101~~	~~$2,190~~	~~$228~~	~~$450~~	~~$360~~	58682
~~2,001~~	~~2,100~~	~~300~~	~~600~~	~~480~~	58683
~~1,901~~	~~2,000~~	~~372~~	~~750~~	~~600~~	58684
~~1,801~~	~~1,900~~	~~450~~	~~900~~	~~720~~	58685
~~1,701~~	~~1,800~~	~~528~~	~~1,050~~	~~840~~	58686
~~1,601~~	~~1,700~~	~~600~~	~~1,200~~	~~960~~	58687
~~1,501~~	~~1,600~~	~~678~~	~~1,350~~	~~1,080~~	58688
~~1,401~~	~~1,500~~	~~750~~	~~1,500~~	~~1,200~~	58689
~~1,301~~	~~1,400~~	~~822~~	~~1,650~~	~~1,320~~	58690
~~1,201~~	~~1,300~~	~~900~~	~~1,800~~	~~1,440~~	58691
~~1,101~~	~~1,200~~	~~978~~	~~1,950~~	~~1,560~~	58692
~~1,001~~	~~1,100~~	~~1,050~~	~~2,100~~	~~1,680~~	58693
~~901~~	~~1,000~~	~~1,128~~	~~2,250~~	~~1,800~~	58694
~~801~~	~~900~~	~~1,200~~	~~2,400~~	~~1,920~~	58695
~~701~~	~~800~~	~~1,272~~	~~2,550~~	~~2,040~~	58696
~~601~~	~~700~~	~~1,350~~	~~2,700~~	~~2,160~~	58697
~~501~~	~~600~~	~~1,428~~	~~2,850~~	~~2,280~~	58698
~~401~~	~~500~~	~~1,500~~	~~3,000~~	~~2,400~~	58699
~~301~~	~~400~~	~~1,578~~	~~3,150~~	~~2,520~~	58700
~~201~~	~~300~~	~~1,650~~	~~3,300~~	~~2,640~~	58701
~~101~~	~~200~~	~~1,722~~	~~3,450~~	~~2,760~~	58702
1	~~100~~	~~1,800~~	~~3,600~~	~~2,880~~	58703
0	0	~~1,872~~	~~3,744~~	~~3,000~~	58704

~~Half-time students shall be eligible to receive awards~~	58705
~~according to the following table:~~	58706

~~Half-Time Enrollment~~	58707

~~If the EFC is equal to or greater than:~~	~~And if the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	58708
~~$2,101~~	~~$2,190~~	~~$150~~	~~$300~~	~~$240~~	58709
~~2,001~~	~~2,100~~	~~204~~	~~402~~	~~324~~	58710
~~1,901~~	~~2,000~~	~~252~~	~~504~~	~~402~~	58711
~~1,801~~	~~1,900~~	~~300~~	~~600~~	~~480~~	58712
~~1,701~~	~~1,800~~	~~354~~	~~702~~	~~564~~	58713
~~1,601~~	~~1,700~~	~~402~~	~~804~~	~~642~~	58714
~~1,501~~	~~1,600~~	~~450~~	~~900~~	~~720~~	58715
~~1,401~~	~~1,500~~	~~504~~	~~1,002~~	~~804~~	58716
~~1,301~~	~~1,400~~	~~552~~	~~1,104~~	~~882~~	58717
~~1,201~~	~~1,300~~	~~600~~	~~1,200~~	~~960~~	58718
~~1,101~~	~~1,200~~	~~654~~	~~1,302~~	~~1,044~~	58719
~~1,001~~	~~1,100~~	~~702~~	~~1,404~~	~~1,122~~	58720
~~901~~	~~1,000~~	~~750~~	~~1,500~~	~~1,200~~	58721
~~801~~	~~900~~	~~804~~	~~1,602~~	~~1,284~~	58722
~~701~~	~~800~~	~~852~~	~~1,704~~	~~1,362~~	58723
~~601~~	~~700~~	~~900~~	~~1,800~~	~~1,440~~	58724
~~501~~	~~600~~	~~954~~	~~1,902~~	~~1,524~~	58725
~~401~~	~~500~~	~~1,002~~	~~2,004~~	~~1,602~~	58726
~~301~~	~~400~~	~~1,050~~	~~2,100~~	~~1,680~~	58727
~~201~~	~~300~~	~~1,104~~	~~2,202~~	~~1,764~~	58728
~~101~~	~~200~~	~~1,152~~	~~2,304~~	~~1,842~~	58729
1	~~100~~	~~1,200~~	~~2,400~~	~~1,920~~	58730
0	0	~~1,248~~	~~2,496~~	~~1,998~~	58731

~~One-quarter-time students shall be eligible to receive awards~~	58732
~~according to the following table:~~	58733

~~One-Quarter-Time Enrollment~~	58734

~~If the EFC is equal to or greater than:~~	~~And if the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	58735
~~$2,101~~	~~$2,190~~	~~$78~~	~~$150~~	~~$120~~	58736
~~2,001~~	~~2,100~~	~~102~~	~~198~~	~~162~~	58737
~~1,901~~	~~2,000~~	~~126~~	~~252~~	~~198~~	58738
~~1,801~~	~~1,900~~	~~150~~	~~300~~	~~240~~	58739
~~1,701~~	~~1,800~~	~~174~~	~~348~~	~~282~~	58740
~~1,601~~	~~1,700~~	~~198~~	~~402~~	~~318~~	58741
~~1,501~~	~~1,600~~	~~228~~	~~450~~	~~360~~	58742
~~1,401~~	~~1,500~~	~~252~~	~~498~~	~~402~~	58743
~~1,301~~	~~1,400~~	~~276~~	~~552~~	~~438~~	58744
~~1,201~~	~~1,300~~	~~300~~	~~600~~	~~480~~	58745
~~1,101~~	~~1,200~~	~~324~~	~~648~~	~~522~~	58746
~~1,001~~	~~1,100~~	~~348~~	~~702~~	~~558~~	58747
~~901~~	~~1,000~~	~~378~~	~~750~~	~~600~~	58748
~~801~~	~~900~~	~~402~~	~~798~~	~~642~~	58749
~~701~~	~~800~~	~~426~~	~~852~~	~~678~~	58750
~~601~~	~~700~~	~~450~~	~~900~~	~~720~~	58751
~~501~~	~~600~~	~~474~~	~~948~~	~~762~~	58752
~~401~~	~~500~~	~~498~~	~~1,002~~	~~798~~	58753
~~301~~	~~400~~	~~528~~	~~1,050~~	~~840~~	58754
~~201~~	~~300~~	~~552~~	~~1,098~~	~~882~~	58755
~~101~~	~~200~~	~~576~~	~~1,152~~	~~918~~	58756
1	~~100~~	~~600~~	~~1,200~~	~~960~~	58757
0	0	~~624~~	~~1,248~~	~~1,002~~	58758

~~(D)~~(4)(a) Except as provided in division (B)(4)(d) of this	58759
section, no grant awarded under division (B) of this section	58760
shall exceed the total state cost of attendance.	58761

(b) Subject to divisions (B)(4)(a), (c), and (d) of this	58762
section, the amount of a grant awarded to a student under	58763
division (B) of this section shall equal the student's remaining	58764
state cost of attendance after the student's Pell grant and	58765
expected family contribution are applied to the instructional and	58766
general charges for the undergraduate program. However, for	58767
students enrolled in a state university or college as defined in	58768
section 3345.12 of the Revised Code or a university branch, the	58769
chancellor may provide that the grant amount shall equal the	58770
student's remaining instructional and general charges for the	58771
undergraduate program after the student's Pell grant and expected	58772
family contribution have been applied to those charges, but, in	58773
no case, shall the grant amount for such a student exceed any	58774
maximum that the chancellor may set by rule.	58775

(c) For a ~~full-time~~ student enrolled in ~~an eligible~~	58776
~~institution~~a program described in division (B)(1)(b) of this	58777
section for a semester or quarter in addition to the portion of	58778
the academic year covered by a grant ~~determined~~ under division	58779
~~(C)~~(B) of this section, the maximum grant amount shall be a	58780
percentage of the maximum ~~prescribed~~specified in ~~the applicable~~	58781
any table ~~of that division~~established in rules adopted by the	58782
chancellor as provided in division (A) of this section. The	58783
maximum grant for a fourth quarter shall be one-third of the	58784
maximum amount so prescribed ~~under that division~~. The maximum	58785
grant for a third semester shall be one-half of the maximum amount	58786
so prescribed ~~under that division~~.	58787

(d) If a student is enrolled in a two-year institution of	58788
higher education and is eligible for an education and training	58789
voucher through the Ohio education and training voucher program	58790
that receives federal funding under the John H. Chafee foster care	58791
independence program, 42 U.S.C. 677, the amount of a grant awarded	58792
under division (B) of this section may exceed the total state cost	58793
of attendance to additionally cover housing costs.	58794

~~(E)~~(C)(1) The chancellor shall administer and may adopt rules	58795
to carry out a block grant program to provide money to support	58796
needs-based financial aid grants for Ohio resident students	58797
enrolled in nursing or undergraduate programs of nonprofit	58798
private institutions in this state holding certificates of	58799
authorization pursuant to Chapter 1713. of the Revised Code. The	58800
chancellor shall establish by rule and administer a separate	58801
block grant program to provide money for such grants to Ohio	58802
resident students enrolled in nursing or undergraduate programs	58803
of career colleges in this state that hold certificates of	58804
registration from the state board of career colleges and schools	58805
or are exempt from regulation under Chapter 3332. of the Revised	58806
Code as prescribed in section 3333.046 of the Revised Code and	58807
hold certificates of authorization pursuant to Chapter 1713. of	58808
the Revised Code. The former shall be known as the private	58809
higher education needs-based financial aid block grant program	58810
and the latter, the career college needs-based financial aid	58811
block grant program. The general assembly shall support these	58812
programs in such sums and in such manner as it may provide, but	58813
the chancellor also may receive funds from other sources to	58814
support the programs.	58815

(2) The chancellor by rule shall determine the eligibility of	58816
the nonprofit private institutions and career colleges for, the	58817
terms and conditions of, and the manner of distributing, grants	58818
under each program, as well as determine the needs-based standard	58819
that shall apply to grants awarded to students under each program.	58820
The rules shall include a requirement that, on the financial aid	58821
statement that it shall provide to each student aid recipient, a	58822
nonprofit private institution or career college receiving a grant	58823
under this division must note that a portion of the student's	58824
award is from the state of Ohio.	58825

(D) No grant shall be made pursuant to division (B) or (C) of	58826
this section to any student in a course of study in theology,	58827
religion, or other field of preparation for a religious profession	58828
unless such course of study leads to an accredited bachelor of	58829
arts, bachelor of science, associate of arts, or associate of	58830
science degree.	58831

~~(F)~~(E)(1) Except as provided in division ~~(F)~~(E)(2) of this	58832
section, no grant shall be made to any student ~~for enrollment~~	58833
~~during a fiscal year in an~~under division (B) of this section if	58834
the state institution of higher education under that division has,	58835
and no grant shall be made to a nonprofit private institution or	58836
career college under division (C) of this section if the	58837
institution ~~with~~or college has, a cohort default rate determined	58838
by the United States secretary of education pursuant to the	58839
"Higher Education Amendments of 1986," 100 Stat. 1278, 1408, 20	58840
U.S.C.A. 1085, as amended, as of the fifteenth day of June	58841
preceding the fiscal year, equal to or greater than thirty per	58842
cent for each of the preceding two fiscal years.	58843

(2) Division ~~(F)~~(E)(1) of this section does not apply toin	58844
the case of either of the following:	58845

(a) ~~Any student enrolled in an~~The university institution	58846
~~that under the~~or college pursuant to federal law appeals its	58847
loss of eligibility for federal financial aid and the United	58848
States secretary of education determines its cohort default rate	58849
after recalculation is lower than the rate specified in division	58850
~~(F)~~(E)(1) of this section or the secretary determines due to	58851
mitigating circumstances that the institution or college may	58852
continue to participate in federal financial aid programs. The	58853
chancellor shall adopt rules requiring ~~institutions~~any such	58854
appellant to provide information to the chancellor regarding an	58855
appeal ~~to the chancellor~~.	58856

(b) Any student who has previously received a grant ~~under~~	58857
pursuant to any provision of this section, including prior to the	58858
section's amendment by H.B. 1 of the 128th general assembly, and	58859
who meets all other eligibility requirements ~~of this section~~for	58860
the respective grant under division (B) or (C) of this section.	58861

(3) The chancellor shall adopt rules for the notification of	58862
all institutions or colleges whose students will be ineligible to	58863
participate in the grant program pursuant to division ~~(F)~~(E)(1)	58864
of this section.	58865

(4) A student's attendance at anany institution or college	58866
whose students ~~lose eligibility~~are ineligible for grants ~~under~~	58867
due to division ~~(F)~~(E)(1) of this section shall not affect that	58868
student's eligibility to receive a grant when enrolled in another	58869
institution or college.	58870

~~(G) Institutions of higher education~~(F)(1) A state	58871
university or state institution of higher education that ~~enroll~~	58872
enrolls students receiving needs-based financial aid grants under	58873
division (B) of this section shall report to the chancellor all	58874
students who have received such needs-based financial aid grants	58875
but are no longer eligible for all or part of ~~such~~those grants	58876
and shall refund any moneys due the state within thirty days	58877
after the beginning of the quarter or term immediately following	58878
the quarter or term in which the student was no longer eligible	58879
to receive all or part of the student's grant. There shall be an	58880
interest charge of one per cent per month on all moneys due and	58881
payable after such thirty-day period. The chancellor shall	58882
immediately notify the office of budget and management and the	58883
legislative service commission of all refunds so received.	58884

(2) A nonprofit private institution or career college that	58885
receives a grant under division (C) of this section shall report	58886
to the chancellor all students who have received a portion of	58887
that award and shall report the amount of its award not	58888
distributed to students. That amount shall be deducted from the	58889
next such grant amount received by the institution or college.	58890

Sec. 3333.123. (A) As used in this section:

58891

(1) "The Ohio college opportunity grant program" means the	58892
program established under section 3333.122 of the Revised Code.	58893

(2) "Rules for the Ohio college opportunity grant program"	58894
means the rules authorized in division (S) of section 3333.04 of	58895
the Revised Code for the implementation of the program.	58896

(B) In adopting rules for the Ohio college opportunity grant	58897
program, the chancellor of the Ohio board of regents may include	58898
provisions that give preferential or priority funding to	58899
low-income students who in their primary and secondary school work	58900
participate in or complete rigorous academic coursework, attain	58901
passing scores on the ~~tests~~assessments prescribed in section	58902
3301.0710 of the Revised Code, or meet other high academic	58903
performance standards determined by the chancellor to reduce the	58904
need for remediation and ensure academic success at the	58905
postsecondary education level. Any such rules shall include a	58906
specification of procedures needed to certify student achievement	58907
of primary and secondary standards as well as the timeline for	58908
implementation of the provisions authorized by this section.	58909

Sec. 3333.16. As used in this section "state institution of	58910
higher education" means an institution of higher education as	58911
defined in section 3345.12 of the Revised Code.	58912

(A) The chancellor of the Ohio board of regents shall do all	58913
of the following:	58914

(1) Establish policies and procedures applicable to all state	58915
institutions of higher education that ensure that students can	58916
begin higher education at any state institution of higher	58917
education and transfer coursework and degrees to any other state	58918
institution of higher education without unnecessary duplication or	58919
institutional barriers. The purpose of this requirement is to	58920
allow students to attain their highest educational aspirations in	58921
the most efficient and effective manner for the students and the	58922
state. These policies and procedures shall require state	58923
institutions of higher education to make changes or modifications,	58924
as needed, to strengthen course content so as to ensure	58925
equivalency for that course at any state institution of higher	58926
education.	58927

(2) Develop and implement a universal course equivalency	58928
classification system for state institutions of higher education	58929
so that the transfer of students and the transfer and articulation	58930
of equivalent courses or specified learning modules or units	58931
completed by students are not inhibited by inconsistent judgment	58932
about the application of transfer credits. Coursework completed	58933
within such a system at one state institution of higher education	58934
and transferred to another institution shall be applied to the	58935
student's degree objective in the same manner as equivalent	58936
coursework completed at the receiving institution.	58937

(3) Develop a system of transfer policies that ensure that	58938
graduates with associate degrees which include completion of	58939
approved transfer modules shall be admitted to a state institution	58940
of higher education, shall be able to compete for admission to	58941
specific programs on the same basis as students native to the	58942
institution, and shall have priority over out-of-state associate	58943
degree graduates and transfer students. To assist a student in	58944
advising and transferring, all state institutions of higher	58945
education shall fully implement the ~~course applicability~~	58946
information system for advising and transferring selected by,	58947
contracted for, or developed by the chancellor.	58948

(4) Examine the feasibility of developing a transfer	58949
marketing agenda that includes materials and interactive	58950
technology to inform the citizens of Ohio about the availability	58951
of transfer options at state institutions of higher education and	58952
to encourage adults to return to colleges and universities for	58953
additional education;	58954

(5) Study, in consultation with the state board of career	58955
colleges and schools, and in light of existing criteria and any	58956
other criteria developed by the articulation and transfer advisory	58957
council, the feasibility of credit recognition and transferability	58958
to state institutions of higher education for graduates who have	58959
received associate degrees from a career college or school with a	58960
certificate of registration from the state board of career	58961
colleges and schools under Chapter 3332. of the Revised Code.	58962

(B) All provisions of the existing articulation and transfer	58963
policy developed by the Ohio board of regents shall remain in	58964
effect except where amended by this section.	58965

Sec. 3333.28. (A) The chancellor of the Ohio board of	58966
regents shall establish the nurse education assistance program,	58967
the purpose of which shall be to make loans to students enrolled	58968
in prelicensure nurse education programs at institutions approved	58969
by the board of nursing under section 4723.06 of the Revised Code	58970
and postlicensure nurse education programs approved by the	58971
chancellor under section 3333.04 of the Revised Code or offered by	58972
an institution holding a certificate of authorization issued under	58973
Chapter 1713. of the Revised Code. The board of nursing shall	58974
assist the chancellor in administering the program.	58975

(B) There is hereby created in the state treasury the nurse	58976
education assistance fund, which shall consist of all money	58977
transferred to it pursuant to section 4743.05 of the Revised Code.	58978
The fund shall be used by the chancellor for loans made under	58979
division (A) of this section and for expenses of administering the	58980
loan program.	58981

(C) Between July 1, 2005, and January 1, 2012, the chancellor	58982
shall distribute money in the nurse education assistance fund in	58983
the following manner:	58984

(1)(a) Fifty per cent of available funds shall be awarded as	58985
loans to registered nurses enrolled in postlicensure nurse	58986
education programs described in division (A) of this section. To	58987
be eligible for a loan, the applicant shall provide the chancellor	58988
with a letter of intent to practice as a faculty member at a	58989
prelicensure or postlicensure program for nursing in this state	58990
upon completion of the applicant's academic program.	58991

(b) If the borrower of a loan under division (C)(1)(a) of	58992
this section secures employment as a faculty member of an approved	58993
nursing education program in this state within six months	58994
following graduation from an approved nurse education program, the	58995
chancellor may forgive the principal and interest of the student's	58996
loans received under division (C)(1)(a) of this section at a rate	58997
of twenty-five per cent per year, for a maximum of four years, for	58998
each year in which the borrower is so employed. A deferment of the	58999
service obligation, and other conditions regarding the forgiveness	59000
of loans may be granted as provided by the rules adopted under	59001
division (D)(7) of this section.	59002

(c) Loans awarded under division (C)(1)(a) of this section	59003
shall be awarded on the basis of the student's expected family	59004
contribution, with preference given to those applicants with the	59005
lowest expected family contribution. However, the chancellor may	59006
consider other factors the chancellor determines relevant in	59007
ranking the applications.	59008

(d) Each loan awarded to a student under division (C)(1)(a)	59009
of this section shall be not less than five thousand dollars per	59010
year.	59011

(2) Twenty-five per cent of available funds shall be awarded	59012
to students enrolled in prelicensure nurse education programs for	59013
registered nurses, as defined in section 4723.01 of the Revised	59014
Code.	59015

(3) Twenty-five per cent of available funds shall be awarded	59016
to students enrolled in ~~prelicensure professional~~ nurse education	59017
programs ~~for licensed practical nurses, as defined in section~~	59018
~~4723.01 of the Revised Code~~as determined by the chancellor, with	59019
preference given to programs aimed at increasing enrollment in an	59020
area of need.	59021

After January 1, 2012, the chancellor shall determine the	59022
manner in which to distribute loans under this section.	59023

(D) Subject to the requirements specified in division (C) of	59024
this section, the chancellor shall adopt rules in accordance with	59025
Chapter 119. of the Revised Code establishing:	59026

(1) Eligibility criteria for receipt of a loan;

59027

(2) Loan application procedures;

59028

(3) The amounts in which loans may be made and the total	59029
amount that may be loaned to an individual;	59030

(4) The total amount of loans that can be made each year;

59031

(5) The percentage of the money in the fund that must remain	59032
in the fund at all times as a fund balance;	59033

(6) Interest and principal repayment schedules;

59034

(7) Conditions under which a portion of principal and	59035
interest obligations incurred by an individual under the program	59036
will be forgiven;	59037

(8) Ways that the program may be used to encourage	59038
individuals who are members of minority groups to enter the	59039
nursing profession;	59040

(9) Any other matters incidental to the operation of the	59041
program.	59042

(E) The obligation to repay a portion of the principal and	59043
interest on a loan made under this section shall be forgiven if	59044
the recipient of the loan meets the criteria for forgiveness	59045
established by division (C)(1)(b) of this section, in the case of	59046
loans awarded under division (C)(1)(a) of this section, or by the	59047
chancellor under the rule adopted under division (D)(7) of this	59048
section, in the case of other loans awarded under this section.	59049

(F) The receipt of a loan under this section shall not affect	59050
a student's eligibility for assistance, or the amount of that	59051
assistance, granted under section 3333.12, 3333.122, 3333.22,	59052
3333.26, ~~3333.27,~~ 5910.03, 5910.032, or 5919.34 of the Revised	59053
Code, but the rules of the chancellor may provide for taking	59054
assistance received under those sections into consideration when	59055
determining a student's eligibility for a loan under this section.	59056

Sec. 3333.35. The state board of education and the	59057
chancellor of the Ohio board of regents shall strive to reduce	59058
unnecessary student remediation costs incurred by colleges and	59059
universities in this state, increase overall access for students	59060
to higher education, enhance the post-secondary enrollment options	59061
program in accordance with Chapter 3365. of the Revised Code, and	59062
enhance the alternative resident educator licensure program in	59063
accordance with section 3319.26 of the Revised Code.	59064

Sec. 3333.38. (A) As used in this section:

59065

(1) "Institution of higher education" includes all of the	59066
following:	59067

(a) A state institution of higher education, as defined in	59068
section 3345.011 of the Revised Code;	59069

(b) A nonprofit institution issued a certificate of	59070
authorization under Chapter 1713. of the Revised Code;	59071

(c) A private institution exempt from regulation under	59072
Chapter 3332. of the Revised Code, as prescribed in section	59073
3333.046 of the Revised Code;	59074

(d) An institution of higher education with a certificate of	59075
registration from the state board of career colleges and schools	59076
under Chapter 3332. of the Revised Code.	59077

(2) "Student financial assistance supported by state funds"	59078
includes assistance granted under sections 3315.33, 3333.12,	59079
3333.122, 3333.21, 3333.26, ~~3333.27,~~ 3333.28, 3333.372, 3333.391,	59080
5910.03, 5910.032, and 5919.34 of the Revised Code, financed by	59081
an award under the choose Ohio first scholarship program	59082
established under section 3333.61 of the Revised Code, or	59083
financed by an award under the Ohio co-op/internship program	59084
established under section 3333.72 of the Revised Code, and any	59085
other post-secondary student financial assistance supported by	59086
state funds.	59087

(B) An individual who is convicted of, pleads guilty to, or	59088
is adjudicated a delinquent child for one of the following	59089
violations shall be ineligible to receive any student financial	59090
assistance supported by state funds at an institution of higher	59091
education for two calendar years from the time the individual	59092
applies for assistance of that nature:	59093

(1) A violation of section 2917.02 or 2917.03 of the Revised	59094
Code;	59095

(2) A violation of section 2917.04 of the Revised Code that	59096
is a misdemeanor of the fourth degree;	59097

(3) A violation of section 2917.13 of the Revised Code that	59098
is a misdemeanor of the fourth or first degree and occurs within	59099
the proximate area where four or more others are acting in a	59100
course of conduct in violation of section 2917.11 of the Revised	59101
Code.	59102

(C) If an individual is convicted of, pleads guilty to, or is	59103
adjudicated a delinquent child for committing a violation of	59104
section 2917.02 or 2917.03 of the Revised Code, and if the	59105
individual is enrolled in a state-supported institution of higher	59106
education, the institution in which the individual is enrolled	59107
shall immediately dismiss the individual. No state-supported	59108
institution of higher education shall admit an individual of that	59109
nature for one academic year after the individual applies for	59110
admission to a state-supported institution of higher education.	59111
This division does not limit or affect the ability of a	59112
state-supported institution of higher education to suspend or	59113
otherwise discipline its students.	59114

Sec. 3333.39. The chancellor of the Ohio board of regents and	59115
the superintendent of public instruction shall establish and	59116
administer the teach Ohio program to promote and encourage	59117
citizens of this state to consider teaching as a profession. The	59118
program shall include all of the following:	59119

(A) A statewide program administered by a nonprofit	59120
corporation that has been in existence for at least fifteen years	59121
with demonstrated results in encouraging high school students from	59122
economically disadvantaged groups to enter the teaching	59123
profession. The chancellor and superintendent jointly shall select	59124
the nonprofit corporation.	59125

(B) The Ohio teaching fellows program established under	59126
sections 3333.391 and 3333.392 of the Revised Code;	59127

(C) The Ohio teacher residency program established under	59128
section 3319.223 of the Revised Code;	59129

(D) Alternative licensure procedures established under	59130
section 3319.26 of the Revised Code;	59131

(E) Any other program as identified by the chancellor and the	59132
superintendent.	59133

Sec. 3333.391. (A) As used in this section and in section	59134
3333.392 of the Revised Code:	59135

(1) "Academic year" shall be as defined by the chancellor of	59136
the Ohio board of regents.	59137

(2) "Hard-to-staff school" and "hard-to-staff subject" shall	59138
be as defined by the department of education.	59139

(3) "Parent" means the parent, guardian, or custodian of a	59140
qualified student.	59141

(4) "Qualified service" means teaching at a qualifying	59142
school.	59143

(5) "Qualifying school" means a hard-to-staff school district	59144
building or a school district building that has a performance	59145
rating of academic watch or academic emergency under section	59146
3302.03 of the Revised Code at the time the recipient becomes	59147
employed by the district.	59148

(B) The chancellor of the Ohio board of regents and the	59149
superintendent of public instruction jointly shall develop and	59150
agree on a plan for the Ohio teaching fellows program to promote	59151
and encourage high school seniors to enter and remain in the	59152
teaching profession. Upon agreement of such a plan, the chancellor	59153
shall establish and administer the program in conjunction with the	59154
superintendent and with the cooperation of teacher training	59155
institutions. Under the program, the chancellor annually shall	59156
provide scholarships to students who commit to teaching in a	59157
qualifying school for a minimum of four years upon graduation from	59158
a teacher training program at a state institution of higher	59159
education or an Ohio nonprofit institution of higher education	59160
that has a certificate of authorization under Chapter 1713. of the	59161
Revised Code. The scholarships shall be for up to four years at	59162
the undergraduate level at an amount determined by the chancellor	59163
based on state appropriations.	59164

(C) The chancellor shall adopt a competitive process for	59165
awarding scholarships under the teaching fellows program, which	59166
shall include minimum grade point average and scores on national	59167
standardized tests for college admission. The process shall also	59168
give additional consideration to all of the following:	59169

(1) A person who has participated in the program described in	59170
division (A) of section 3333.39 of the Revised Code;	59171

(2) A person who plans to specialize in teaching students	59172
with special needs;	59173

(3) A person who plans to teach in the disciplines of	59174
science, technology, engineering, or mathematics.	59175

The chancellor shall require that all applicants to the	59176
teaching fellows program shall file a statement of service status	59177
in compliance with section 3345.32 of the Revised Code, if	59178
applicable, and that all applicants have not been convicted of,	59179
plead guilty to, or adjudicated a delinquent child for any	59180
violation listed in section 3333.38 of the Revised Code.	59181

(D) Teaching fellows shall complete the four-year teaching	59182
commitment within not more than seven years after graduating from	59183
the teacher training program. Failure to fulfill the commitment	59184
shall convert the scholarship into a loan to be repaid under	59185
section 3333.392 of the Revised Code.	59186

(E) The chancellor shall adopt rules in accordance with	59187
Chapter 119. of the Revised Code to administer this section and	59188
section 3333.392 of the Revised Code.	59189

Sec. 3333.392. (A) Each recipient who accepts a scholarship	59190
under the Ohio teaching fellows program created under section	59191
3333.391 of the Revised Code, or the recipient's parent if the	59192
recipient is younger than eighteen years of age, shall sign a	59193
promissory note payable to the state in the event the recipient	59194
does not satisfy the service requirement of division (D) of	59195
section 3333.391 of the Revised Code or the scholarship is	59196
terminated. The amount payable under the note shall be the amount	59197
of total scholarships accepted by the recipient under the program	59198
plus ten per cent interest accrued annually beginning on the first	59199
day of September after graduating from the teacher training	59200
program or immediately after termination of the scholarship. The	59201
period of repayment under the note shall be determined by the	59202
chancellor of the Ohio board of regents. The note shall stipulate	59203
that the obligation to make payments under the note is canceled	59204
following completion of four years of qualified service by the	59205
recipient in accordance with division (D) of section 3333.391 of	59206
the Revised Code, or if the recipient dies, becomes totally and	59207
permanently disabled, or is unable to complete the required	59208
qualified service as a result of a reduction in force at the	59209
recipient's school of employment before the obligation under the	59210
note has been satisfied.	59211

(B) Repayment of the principal amount of the scholarship and	59212
interest accrued shall be deferred while the recipient is enrolled	59213
in an approved teaching program, while the recipient is seeking	59214
employment to fulfill the service obligation, for a period not to	59215
exceed six months, or while the recipient is engaged in qualified	59216
service.	59217

(C) During the seven-year period following the recipient's	59218
graduation from an approved teaching program, the chancellor shall	59219
deduct twenty-five per cent of the outstanding balance that may be	59220
converted to a loan for each year the recipient teaches at a	59221
qualifying school.	59222

(D) The chancellor may terminate the scholarship, in which	59223
case the scholarship shall be converted to a loan to be repaid	59224
under division (A) of this section.	59225

(E) The scholarship shall be deemed terminated upon the	59226
recipient's withdrawal from school or the recipient's failure to	59227
meet the standards of the scholarship as determined by the	59228
chancellor and shall be converted to a loan to be repaid under	59229
division (A) of this section.	59230

(F) The chancellor and the attorney general shall collect	59231
payments on the converted loan in accordance with section 131.02	59232
of the Revised Code.	59233

Sec. 3333.61. The chancellor of the Ohio board of regents	59234
shall establish and administer the Ohio innovation partnership,	59235
which shall consist of the choose Ohio first scholarship program	59236
and the Ohio research scholars program. Under the programs, the	59237
chancellor, subject to approval by the controlling board, shall	59238
make awards to state universities or colleges for programs and	59239
initiatives that recruit students and scientists in the fields of	59240
science, technology, engineering, mathematics, and medicine to	59241
state universities or colleges, in order to enhance regional	59242
educational and economic strengths and meet the needs of the	59243
state's regional economies. Awards may be granted for programs and	59244
initiatives to be implemented by a state university or college	59245
alone or in collaboration with other state institutions of higher	59246
education, nonpublic Ohio universities and colleges, or other	59247
public or private Ohio entities. If the chancellor makes an award	59248
to a program or initiative that is intended to be implemented by a	59249
state university or college in collaboration with other state	59250
institutions of higher education or nonpublic Ohio universities or	59251
colleges, the chancellor may provide that some portion of the	59252
award be received directly by the collaborating universities or	59253
colleges consistent with all terms of the Ohio innovation	59254
partnership.	59255

The choose Ohio first scholarship program shall assign a	59256
number of scholarships to state universities and colleges to	59257
recruit Ohio residents as undergraduate, or as provided in section	59258
3333.66 of the Revised Code graduate, students in the fields of	59259
science, technology, engineering, mathematics, and medicine, or	59260
in science, technology, engineering, mathematics, or medical	59261
education. Choose Ohio first scholarships shall be awarded to each	59262
participating eligible student as a grant to the state university	59263
or college the student is attending and shall be reflected on the	59264
student's tuition bill. Choose Ohio first scholarships are	59265
student-centered grants from the state to students to use to	59266
attend a university or college and are not grants from the state	59267
to universities or colleges.	59268

Notwithstanding any other provision of this section or	59269
sections 3333.62 to 3333.70 of the Revised Code, a nonpublic	59270
four-year Ohio institution of higher education may submit a	59271
proposal for choose Ohio first scholarships ~~if the proposal is to~~	59272
~~be implemented in collaboration with a state university or~~	59273
~~college~~or Ohio research scholars grants. If the chancellor ~~grants~~	59274
awards a nonpublic institution ~~an award of~~ scholarships or	59275
grants, the nonpublic institution shall comply with all	59276
requirements of this section, sections 3333.62 to 3333.70 of the	59277
Revised Code, and the rules adopted under this section that apply	59278
to state universities or colleges awarded choose Ohio first	59279
scholarships or Ohio research scholars grants.	59280

The Ohio research scholars program shall award grants to use	59281
in recruiting scientists to the faculties of state universities or	59282
colleges.	59283

The chancellor shall adopt rules in accordance with Chapter	59284
119. of the Revised Code to administer the programs.	59285

Sec. 3333.62. The chancellor of the Ohio board of regents	59286
shall establish a competitive process for making awards under the	59287
choose Ohio first scholarship program and the Ohio research	59288
scholars program. The chancellor, on completion of that process,	59289
shall make a recommendation to the controlling board asking for	59290
approval of each award selected by the chancellor.	59291

Any state university or college may apply for one or more	59292
awards under one or both programs. The state university or college	59293
shall submit a proposal and other documentation required by the	59294
chancellor, in the form and manner prescribed by the chancellor,	59295
for each award it seeks. A proposal may propose an initiative to	59296
be implemented solely by the state university or college or in	59297
collaboration with other state institutions of higher education,	59298
nonpublic Ohio universities or colleges, or other public or	59299
nonpublic Ohio entities. A single proposal may seek an award under	59300
one or both programs.	59301

The chancellor shall determine which proposals will receive	59302
awards each fiscal year, and the amount of each award, on the	59303
basis of the merit of each proposal, which the chancellor, subject	59304
to approval by the controlling board, shall determine based on one	59305
or more of the following criteria:	59306

(A) The quality of the program that is the subject of the	59307
proposal and the extent to which additional resources will enhance	59308
its quality;	59309

(B) The extent to which the proposal is integrated with the	59310
strengths of the regional economy;	59311

(C) The extent to which the proposal is integrated with	59312
centers of research excellence within the private sector;	59313

(D) The amount of other institutional, public, or private	59314
resources, whether monetary or nonmonetary, that the proposal	59315
pledges to leverage;	59316

(E) The extent to which the proposal is collaborative with	59317
other public or nonpublic Ohio institutions of higher education;	59318

(F) The extent to which the proposal is integrated with the	59319
university's or college's mission and does not displace existing	59320
resources already committed to the mission;	59321

(G) The extent to which the proposal facilitates a more	59322
efficient utilization of existing faculty and programs;	59323

(H) The extent to which the proposal meets a statewide	59324
educational need;	59325

(I) The demonstrated productivity or future capacity of the	59326
students or scientists to be recruited;	59327

(J) The extent to which the proposal will create additional	59328
capacity in educational or economic areas of need;	59329

(K) The extent to which the proposal will encourage students	59330
who received degrees in the fields of science, technology,	59331
engineering, mathematics, or medicine from two-year institutions	59332
to transfer to state universities or colleges to pursue	59333
baccalaureate degrees in science, technology, engineering,	59334
mathematics, or medicine;	59335

(L) The extent to which the proposal encourages students	59336
enrolled in state universities to transfer into science,	59337
technology, engineering, mathematics, or medicine programs;	59338

(M) The extent to which the proposal facilitates the	59339
completion of a baccalaureate degree in a cost-effective manner,	59340
for example, by facilitating students' completing two years at a	59341
two-year institution and two years at a state university or	59342
college;	59343

(N) The extent to which the proposal allows attendance at a	59344
state university or college of students who otherwise could not	59345
afford to attend;	59346

(O) The extent to which other institutional, public, or	59347
private resources pledged to the proposal will be deployed to	59348
assist in sustaining students' scholarships over their academic	59349
careers;	59350

(P) The extent to which the proposal increases the likelihood	59351
that students will successfully complete their degree programs in	59352
science, technology, engineering, mathematics, or medicine or in	59353
science, technology, engineering, mathematics, or medical	59354
education;	59355

(Q) The extent to which the proposal ensures that a student	59356
who is awarded a scholarship is appropriately qualified and	59357
prepared to successfully complete a degree program in science,	59358
technology, engineering, mathematics, or medicine or in science,	59359
technology, engineering, mathematics, or medical education;	59360

(R) The extent to which the proposal will increase the number	59361
of women participating in the choose Ohio first scholarship	59362
program.	59363

Sec. 3333.66. (A) In(1) Except as provided in division	59364
(A)(2) of this section, in each academic year, no student who	59365
receives a choose Ohio first scholarship shall receive less than	59366
one thousand five hundred dollars or more than one-half of the	59367
highest in-state undergraduate instructional and general fees	59368
charged by all state universities. For this purpose, if Miami	59369
university is implementing the pilot tuition restructuring plan	59370
originally recognized in Am. Sub. H.B. 95 of the 125th general	59371
assembly, that university's instructional and general fees shall	59372
be considered to be the average full-time in-state undergraduate	59373
instructional and general fee amount after taking into account the	59374
Ohio resident and Ohio leader scholarships and any other credit	59375
provided to all Ohio residents.	59376

(2) The chancellor of the Ohio board of regents may authorize	59377
a state university or college or a nonpublic Ohio institution of	59378
higher education to award a choose Ohio first scholarship in an	59379
amount greater than one-half of the highest in-state undergraduate	59380
instructional and general fees charged by all state universities	59381
to either of the following:	59382

(a) Any undergraduate student who qualifies for a scholarship	59383
and is enrolled in a program leading to a teaching profession in	59384
science, technology, engineering, mathematics, or medicine;	59385

(b) Any graduate student who qualifies for a scholarship, if	59386
any initiatives are selected for award under division (B) of this	59387
section.	59388

(B) The chancellor ~~of the Ohio board of regents~~ shall	59389
encourage state universities and colleges, alone or in	59390
collaboration with other state institutions of higher education,	59391
nonpublic Ohio universities and colleges, or other public or	59392
private Ohio entities, to submit proposals under the choose Ohio	59393
first scholarship program for initiatives that recruit Ohio	59394
residents enrolled in colleges and universities in other states or	59395
other countries to return to Ohio and enroll in state universities	59396
or colleges as graduate students in the fields of science,	59397
technology, engineering, mathematics, and medicine, or in the	59398
fields of science, technology, engineering, mathematics, or	59399
medical education. If such proposals are submitted and meet the	59400
chancellor's competitive criteria for awards, the chancellor,	59401
subject to approval by the controlling board, shall give at least	59402
one of the proposals preference for an award.	59403

(C) The general assembly intends that money appropriated for	59404
the choose Ohio first scholarship program in each fiscal year be	59405
used for scholarships in the following academic year.	59406

Sec. 3333.73. The chancellor of the Ohio board of regents	59407
shall establish a competitive process for making awards under the	59408
Ohio co-op/internship program. The chancellor, on completion of	59409
that process, shall make a recommendation to the controlling	59410
board asking for approval of each award selected by the	59411
chancellor.	59412

The state institution of higher education shall submit a	59413
proposal and other documentation required by the chancellor, in	59414
the form and manner prescribed by the chancellor, for each award	59415
it seeks. A proposal may propose an initiative to be implemented	59416
solely by the state institution of higher education or in	59417
collaboration with other state institutions of higher education or	59418
nonpublic Ohio universities or colleges.	59419

The chancellor shall determine which proposals will receive	59420
awards each fiscal year, and the amount of each award, on the	59421
basis of the merit of each proposal, which the chancellor, subject	59422
to approval by the controlling board, shall determine based on one	59423
or more of the following criteria:	59424

(A) The extent to which the proposal will keep Ohio students	59425
in Ohio institutions of higher education;	59426

(B) The extent to which the proposal will attract Ohio	59427
residents who left Ohio to attend out-of-state institutions of	59428
higher education to return to Ohio institutions of higher	59429
education;	59430

(C) The extent to which the proposal will increase the number	59431
of Ohio graduates who remain in Ohio and enter Ohio's workforce;	59432

(D) The quality of the program that is the subject of the	59433
proposal and the extent to which additional resources will enhance	59434
its quality;	59435

(E) The extent to which the proposal is integrated with the	59436
strengths of the regional economy;	59437

(F) The extent to which the proposal is aligned with the	59438
report submitted by the chancellor pursuant to Section 4 of Sub.	59439
H.B. 2 of the 127th general assembly, as amended;	59440

(G) The extent to which the proposal facilitates the	59441
development of high quality academic programs with a cooperative	59442
education program or a significant internship program at state	59443
institutions of higher education;	59444

(H) The extent to which the proposal is integrated with	59445
supporting private companies to fill potential job growth;	59446

(I) The amount of other institutional, public, or private	59447
resources, whether monetary or nonmonetary, the proposal pledges	59448
to leverage that are in addition to the monetary cost-sharing	59449
requirement prescribed in section 3333.74 of the Revised Code;	59450

(J) The extent to which the proposal is collaborative with	59451
other Ohio institutions of higher education;	59452

(K) The extent to which the proposal is integrated with the	59453
institution's mission;	59454

(L) The extent to which the proposal meets a statewide	59455
educational need at the undergraduate or graduate level;	59456

(M) The demonstrated productivity or future capacity of the	59457
students to be recruited;	59458

(N) The extent to which the proposal will create additional	59459
capacity in a high quality academic program with a cooperative	59460
education program or significant internship program;	59461

(O) The extent to which the proposal will encourage students	59462
who received degrees from two-year institutions to pursue	59463
baccalaureate degrees;	59464

(P) The extent to which the proposal facilitates the	59465
completion of a baccalaureate degree in a cost-effective manner;	59466

(Q) The extent to which other institutional, public, or	59467
private resources that are pledged to the proposal, in addition to	59468
the monetary cost-sharing requirement prescribed in section	59469
3333.74 of the Revised Code, will be deployed to assist in	59470
sustaining the academic program of excellence;	59471

(R) The extent to which the proposal increases the likelihood	59472
that students will successfully complete their degree programs or	59473
certificate programs;	59474

(S) The extent to which the proposal ensures that a student	59475
participating in the high quality academic program funded by the	59476
Ohio co-op/internship program is appropriately qualified and	59477
prepared to successfully transition into professions in Ohio's	59478
growing companies and industries;	59479

(T) The extent to which the proposal will increase the number	59480
of women participating in cooperative education programs and	59481
internship programs.	59482

Sec. 3333.83. (A) A student who is enrolled in a school	59483
operated by a school district or in a community school or STEM	59484
school may enroll in a course through the clearinghouse only if	59485
both of the following conditions are satisfied:	59486

(1) The student's enrollment in the course is approved by the	59487
student's school district, community school, or STEM school.	59488

(2) The student's school district, community school, or	59489
STEM school agrees to accept for credit the grade assigned by	59490
the course provider, if that provider is another school	59491
district, community school, or STEM school.	59492

(B) For each student enrolled in a school operated by a	59493
school district or in a community school or STEM school who is	59494
enrolling in a course provided through the clearinghouse by	59495
another school district, community school, or STEM school, the	59496
student's school district, community school, or STEM school	59497
shall transmit the student's name to the course provider.	59498

The course provider may request from the student's school	59499
district, community school, or STEM school other information	59500
from the student's school record. The district or school shall	59501
provide the requested information only in accordance with	59502
section 3319.321 of the Revised Code.	59503

(C) The student's school district, community school, or STEM	59504
school shall determine the manner in which and facilities at	59505
which the student shall participate in the course consistent	59506
with specifications for technology and connectivity adopted by	59507
the chancellor of the Ohio board of regents.	59508

(D) A student may withdraw from a course prior to the end of	59509
the course only by a date and in a manner prescribed by the	59510
student's school district, community school, or STEM school.	59511

(E) A student who is enrolled in a school operated by a	59512
school district or in a ~~community school or~~ STEM school that is	59513
governed as provided in section 3326.51 of the Revised Code and	59514
who takes a course through the clearinghouse shall be counted	59515
in the formula ADM of a school district under section 3317.03	59516
of the Revised Code as if the student were taking the course	59517
from the student's school district~~, community school,~~ or STEM	59518
school.	59519

Sec. 3333.90. (A) As used in this section:

59520

(1) "Allocated state share of instruction" means, for any	59521
fiscal year, the amount of the state share of instruction	59522
appropriated to the Ohio board of regents by the general assembly	59523
that is allocated to a community or technical college or community	59524
or technical college district for such fiscal year.	59525

(2) "Authority" means the Ohio building authority.

59526

(3) "Bond service charges" has the same meaning as in section	59527
152.09 of the Revised Code.	59528

(4) "Chancellor" means the chancellor of the Ohio board of	59529
regents.	59530

(5) "Community or technical college" or "college" means any	59531
of the following state-supported or state-assisted institutions of	59532
higher education:	59533

(a) A community college as defined in section 3354.01 of the	59534
Revised Code;	59535

(b) A technical college as defined in section 3357.01 of the	59536
Revised Code;	59537

(c) A state community college as defined in section 3358.01	59538
of the Revised Code.	59539

(6) "Community or technical college district" or "district"	59540
means any of the following institutions of higher education that	59541
are state-supported or state-assisted:	59542

(a) A community college district as defined in section	59543
3354.01 of the Revised Code;	59544

(b) A technical college district as defined in section	59545
3357.01 of the Revised Code;	59546

(c) A state community college district as defined in section	59547
3358.01 of the Revised Code.	59548

(7) "Credit enhancement facilities" has the same meaning as	59549
in section 133.01 of the Revised Code.	59550

(8) "Obligations" has the meaning as in section 152.09 or	59551
3345.12 of the Revised Code, as the context requires.	59552

(B) The board of trustees of any community or technical	59553
college district authorizing the issuance of obligations under	59554
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	59555
Revised Code, or for whose benefit and on whose behalf the	59556
authority proposes to issue obligations under division (G) of	59557
section 152.09 of the Revised Code, may adopt a resolution	59558
requesting the chancellor to enter into an agreement with the	59559
community or technical college district and the primary paying	59560
agent or fiscal agent for such obligations, providing for the	59561
withholding and deposit of funds otherwise due the district or the	59562
community or technical college it operates in respect of its	59563
allocated state share of instruction, for the payment of bond	59564
service charges on such obligations.	59565

The board of trustees shall deliver to the chancellor a copy	59566
of the resolution and any additional pertinent information the	59567
chancellor may require.	59568

The chancellor and the office of budget and management, and	59569
the authority in the case of obligations to be issued by the	59570
authority, shall evaluate each request received from a community	59571
or technical college district under this section. The chancellor,	59572
with the advice and consent of the director of budget and	59573
management and the authority in the case of obligations to be	59574
issued by the authority, shall approve each request if all of the	59575
following conditions are met:	59576

(1) Approval of the request will enhance the marketability of	59577
the obligations for which the request is made;	59578

(2) The chancellor and the office of budget and management,	59579
and the authority in the case of obligations to be issued by the	59580
authority, have no reason to believe the requesting community or	59581
technical college district or the community or technical college	59582
it operates will be unable to pay when due the bond service	59583
charges on the obligations for which the request is made, and bond	59584
service charges on those obligations are therefore not anticipated	59585
to be paid pursuant to this section from the allocated state share	59586
of instruction for purposes of Section 17 of Article VIII, Ohio	59587
Constitution.	59588

(3) Any other pertinent conditions established in rules	59589
adopted under division (H) of this section.	59590

(C) If the chancellor approves the request of a community or	59591
technical college district to withhold and deposit funds pursuant	59592
to this section, the chancellor shall enter into a written	59593
agreement with the district and the primary paying agent or fiscal	59594
agent for the obligations, which agreement shall provide for the	59595
withholding of funds pursuant to this section for the payment of	59596
bond service charges on those obligations. The agreement may also	59597
include both of the following:	59598

(1) Provisions for certification by the district to the	59599
chancellor, prior to the deadline for payment of the applicable	59600
bond service charges, whether the district and the community or	59601
technical college it operates are able to pay those bond service	59602
charges when due;	59603

(2) Requirements that the district or the community or	59604
technical college it operates deposits amounts for the payment of	59605
those bond service charges with the primary paying agent or fiscal	59606
agent for the obligations prior to the date on which the bond	59607
service charges are due to the owners or holders of the	59608
obligations.	59609

(D) Whenever a district or the community or technical college	59610
it operates notifies the chancellor that it will not be able to	59611
pay the bond service charges when they are due, subject to the	59612
withholding provisions of this section, or whenever the applicable	59613
paying agent or fiscal agent notifies the chancellor that it has	59614
not timely received from a district or from the college it	59615
operates the full amount needed for payment of the bond service	59616
charges when due to the holders or owners of such obligations, the	59617
chancellor shall immediately contact the district or college and	59618
the paying agent or fiscal agent to confirm that the district and	59619
the college are not able to make the required payment by the date	59620
on which it is due.	59621

If the chancellor confirms that the district and the college	59622
are not able to make the payment and the payment will not be made	59623
pursuant to a credit enhancement facility, the chancellor shall	59624
promptly pay to the applicable primary paying agent or fiscal	59625
agent the lesser of the amount due for bond service charges or the	59626
amount of the next periodic distribution scheduled to be made to	59627
the district or to the college in respect of its allocated state	59628
share of instruction. If this amount is insufficient to pay the	59629
total amount then due the agent for the payment of bond service	59630
charges, the chancellor shall continue to pay to the agent from	59631
each periodic distribution thereafter, and until the full amount	59632
due the agent for unpaid bond service charges is paid in full, the	59633
lesser of the remaining amount due the agent for bond service	59634
charges or the amount of the next periodic distribution scheduled	59635
to be made to the district or college in respect of its allocated	59636
state share of instruction.	59637

(E) The chancellor may make any payments under this section	59638
by direct deposit of funds by electronic transfer.	59639

Any amount received by a paying agent or fiscal agent under	59640
this section shall be applied only to the payment of bond service	59641
charges on the obligations of the community or technical college	59642
district or community or technical college subject to this section	59643
or to the reimbursement of the provider of a credit enhancement	59644
facility that has paid the bond service charges.	59645

(F) The chancellor may make payments under this section to	59646
paying agents or fiscal agents during any fiscal biennium of the	59647
state only from and to the extent that money is appropriated to	59648
the board of regents by the general assembly for distribution	59649
during such biennium for the state share of instruction and only	59650
to the extent that a portion of the state share of instruction has	59651
been allocated to the community or technical college district or	59652
community or technical college. Obligations of the authority or of	59653
a community or technical college district to which this section is	59654
made applicable do not constitute an obligation or a debt or a	59655
pledge of the faith, credit, or taxing power of the state, and the	59656
holders or owners of those obligations have no right to have	59657
excises or taxes levied or appropriations made by the general	59658
assembly for the payment of bond service charges on the	59659
obligations, and the obligations shall contain a statement to that	59660
effect. The agreement for or the actual withholding and payment of	59661
money under this section does not constitute the assumption by the	59662
state of any debt of a community or technical college district or	59663
a community or technical college, and bond service charges on the	59664
related obligations are not anticipated to be paid from the state	59665
general revenue fund for purposes of Section 17 of Article VIII,	59666
Ohio Constitution.	59667

(G) In the case of obligations subject to the withholding	59668
provisions of this section, the issuing community or technical	59669
college district, or the authority in the case of obligations	59670
issued by the authority, shall appoint a paying agent or fiscal	59671
agent who is not an officer or employee of the district or	59672
college.	59673

(H) The chancellor, with the advice and consent of the office	59674
of budget and management, may adopt reasonable rules not	59675
inconsistent with this section for the implementation of this	59676
section to secure payment of bond service charges on obligations	59677
issued by a community or technical college district or by the	59678
authority for the benefit of a community or technical college	59679
district or the community or technical college it operates. Those	59680
rules shall include criteria for the evaluation and approval or	59681
denial of community or technical college district requests for	59682
withholding under this section.	59683

(I) The authority granted by this section is in addition to	59684
and not a limitation on any other authorizations granted by or	59685
pursuant to law for the same or similar purposes.	59686

Sec. 3333.91. (A) As used in this section, "bioscience	59687
sector" includes companies that manufacture medical devices,	59688
biopharmaceutical products, biofuel, or agricultural bioproducts;	59689
health care service companies; health care organizations; and	59690
medical research organizations.	59691

(B) The chancellor of the Ohio board of regents shall provide	59692
grants to entities that satisfy the requirements specified in	59693
this section to provide training for individuals who are not	59694
employed in the field of biotechnology or the bioscience sector	59695
and wish to receive training to be employed in that field or	59696
sector. The chancellor may provide such grants to entities	59697
engaged in any other field in which critical demands exist for	59698
certain skills.	59699

(C) The chancellor may accept applications for training grant	59700
funds awarded pursuant to this section from any of the following	59701
entities:	59702

(1) A municipal corporation that provides any of the	59703
training programs described in division (D) of this section;	59704

(2) An employer, including an intermediary or a training	59705
agent of the employer, that provides any of the training programs	59706
described in division (D) of this section;	59707

(3) Any of the following entities that sponsor multi-company	59708
employee training projects that offer programs described in	59709
division (D) of this section if those projects will address	59710
common training needs identified by employers that elect to	59711
participate in the project offered by the entity:	59712

(a) Business associations;

59713

(b) Strategic business partnerships;

59714

59715

(d) Large manufacturers for supplier network companies;

59716

(e) Agencies of the state or of a political subdivision of	59717
the state or grant recipients under the federal "Workforce	59718
Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as	59719
amended.	59720

(D) The chancellor may award grants to eligible applicants	59721
described in division (C) of this section if in the application,	59722
the applicant specifies that the money received from the grant	59723
will be used for employee training programs that include, but are	59724
not limited to, any of the following:	59725

(1) Training programs that are in response to new or changing	59726
technology introduced into the workplace;	59727

(2) Job-linked training programs that offer special skills	59728
for career advancement or that are preparatory for, and lead	59729
directly to, a job with definite career potential and long-term	59730
job security;	59731

(3) Training programs that are necessary to implement a total	59732
quality management system, a total quality improvement system, or	59733
both within the workplace;	59734

(4) Training related to learning how to operate new machinery	59735
or equipment;	59736

(5) Training for employees of companies that are expanding	59737
into new markets or expanding exports from this state and that	59738
provide jobs in this state;	59739

(6) Basic training, remedial training, or both of employees	59740
as a prerequisite for other vocational or technical skills	59741
training or as a condition for sustained employment;	59742

(7) Other training activities, training projects, or both,	59743
related to the support, development, or evaluation of job training	59744
programs, activities, and delivery systems, including training	59745
needs assessment and design.	59746

(E) The chancellor shall use the same competitive process	59747
established under section 3333.73 of the Revised Code for making	59748
awards under the Ohio co-op/internship program, adapted as	59749
necessary, to award training grants under this section.	59750

(F) The chancellor shall adopt rules in accordance with	59751
Chapter 119. of the Revised Code to establish the terms and	59752
conditions under which a grant may be awarded under this section	59753
and as necessary to implement this section. The chancellor shall	59754
include in the rules a requirement that, if an entity that	59755
applies for a grant awarded under this section is not an	59756
employer, the entity must specify in the entity's application	59757
employers that will benefit from the training the entity provides	59758
to ensure that the training provided satisfies the needs of	59759
employers located in the area where the entity provides the	59760
training programs described in division (D) of this section. No	59761
grant awarded under this section shall be for an amount that	59762
exceeds fifty per cent of the allowable costs of the training	59763
programs described in division (D) of this section provided by an	59764
entity described in division (C) of this section. Under this	59765
section, allowable costs include, but are not limited to, the	59766
following costs:	59767

(1) Administrative costs for tracking, documenting,	59768
reporting, and processing training funds or project costs;	59769

(2) Costs for developing a curriculum;

59770

(3) Wages for instructors and if the individuals receiving	59771
training are employed by the employer who offers the program,	59772
wages for those individuals;	59773

(4) Costs incurred for producing training materials,	59774
including scrap product costs;	59775

(5) Trainee travel expenses;

59776

(6) Costs for rent, purchase, or lease of training equipment;

59777

(7) Other usual and customary training costs.

59778

(G) An entity described in division (C) of this section shall	59779
use money received from a grant only for the programs that the	59780
entity specified in the entity's application in accordance with	59781
division (D) of this section. A municipal corporation that	59782
receives a grant under this section may use the money received for	59783
a training program that also is funded pursuant to the federal	59784
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801,	59785
as amended.	59786

(H) The chancellor shall adopt rules in accordance with	59787
Chapter 119. of the Revised Code to establish methods and	59788
procedures the chancellor shall use to identify transitional jobs	59789
and to develop and identify training strategies that will enable	59790
individuals who are not employed in the field of biotechnology or	59791
the bioscience sector to be employed in that field or sector.	59792

(I) The chancellor shall require an employee of the board of	59793
regents to conduct at least one on-site visit to monitor the	59794
application of the grant and compliance with this section and any	59795
rules the chancellor adopts pursuant to it, either during the	59796
course of the grant period or within six months after the end of	59797
the grant period. The employee shall verify that the grantee's	59798
financial management system is structured to provide for accurate,	59799
current, and complete disclosure of the financial results of the	59800
grant program in accordance with all provisions, terms, and	59801
conditions contained in the grant contract entered into by the	59802
grantee and the chancellor pursuant to this section and any rules	59803
the chancellor adopts pursuant to it.	59804

Sec. 3334.01. As used in this chapter:

59805

(A) "Aggregate original principal amount" means the aggregate	59806
of the initial offering prices to the public of college savings	59807
bonds, exclusive of accrued interest, if any. "Aggregate original	59808
principal amount" does not mean the aggregate accreted amount	59809
payable at maturity or redemption of such bonds.	59810

(B) "Beneficiary" means:

59811

(1) An individual designated by the purchaser under a tuition	59812
payment contract or through a scholarship program as the	59813
individual on whose behalf tuition units purchased under the	59814
contract or awarded through the scholarship program will be	59815
applied toward the payment of undergraduate, graduate, or	59816
professional tuition; or	59817

(2) An individual designated by the contributor under a	59818
variable college savings program contract as the individual whose	59819
tuition and other higher education expenses will be paid from a	59820
variable college savings program account.	59821

(C) "Capital appreciation bond" means a bond for which the	59822
following is true:	59823

(1) The principal amount is less than the amount payable at	59824
maturity or early redemption; and	59825

(2) No interest is payable on a current basis.

59826

(D) "Tuition unit" means a credit ~~of the Ohio tuition trust~~	59827
~~authority~~ purchased under section 3334.09 of the Revised Code.	59828
"Tuition unit" includes a tuition credit purchased prior to July	59829
1, 1994.	59830

(E) "College savings bonds" means revenue and other	59831
obligations issued on behalf of the state or any agency or issuing	59832
authority thereof as a zero-coupon or capital appreciation bond,	59833
and designated as college savings bonds as provided in this	59834
chapter. "College savings bond issue" means any issue of bonds of	59835
which any part has been designated as college savings bonds.	59836

(F) "Institution of higher education" means a state	59837
institution of higher education, a private college, university, or	59838
other postsecondary institution located in this state that	59839
possesses a certificate of authorization issued ~~by the Ohio board~~	59840
~~of regents~~ pursuant to Chapter 1713. of the Revised Code or a	59841
certificate of registration issued by the state board of career	59842
colleges and schools under Chapter 3332. of the Revised Code, or	59843
an accredited college, university, or other postsecondary	59844
institution located outside this state that is accredited by an	59845
accrediting organization or professional association recognized by	59846
the ~~authority~~chancellor of the Ohio board of regents. To be	59847
considered an institution of higher education, an institution	59848
shall meet the definition of an eligible educational institution	59849
under section 529 of the Internal Revenue Code.	59850

(G) "Issuing authority" means any authority, commission,	59851
body, agency, or individual empowered by the Ohio Constitution or	59852
the Revised Code to issue bonds or any other debt obligation of	59853
the state or any agency or department thereof. "Issuer" means the	59854
issuing authority or, if so designated under division (B) of	59855
section 3334.04 of the Revised Code, the treasurer of state.	59856

(H) "Tuition" means the charges imposed to attend an	59857
institution of higher education as an undergraduate, graduate, or	59858
professional student and all fees required as a condition of	59859
enrollment, as determined by the ~~Ohio tuition trust authority~~	59860
chancellor. "Tuition" does not include laboratory fees, room and	59861
board, or other similar fees and charges.	59862

(I) "Weighted average tuition" means the tuition cost	59863
resulting from the following calculation:	59864

(1) Add the products of the annual undergraduate tuition	59865
charged to Ohio residents at each four-year state university	59866
multiplied by that institution's total number of undergraduate	59867
fiscal year equated students; and	59868

(2) Divide the gross total of the products from division	59869
(I)(1) of this section by the total number of undergraduate fiscal	59870
year equated students attending four-year state universities.	59871

When making this calculation, the "annual undergraduate	59872
tuition charged to Ohio residents" shall not incorporate any	59873
tuition reductions that vary in amount among individual recipients	59874
and that are awarded to Ohio residents based upon their particular	59875
circumstances, beyond any minimum amount awarded uniformly to all	59876
Ohio residents. In addition, any tuition reductions awarded	59877
uniformly to all Ohio residents shall be incorporated into this	59878
calculation.	59879

(J) "Zero-coupon bond" means a bond which has a stated	59880
interest rate of zero per cent and on which no interest is payable	59881
until the maturity or early redemption of the bond, and is offered	59882
at a substantial discount from its original stated principal	59883
amount.	59884

(K) "State institution of higher education" includes the	59885
state universities listed in section 3345.011 of the Revised Code,	59886
community colleges created pursuant to Chapter 3354. of the	59887
Revised Code, university branches created pursuant to Chapter	59888
3355. of the Revised Code, technical colleges created pursuant to	59889
Chapter 3357. of the Revised Code, state community colleges	59890
created pursuant to Chapter 3358. of the Revised Code, and the	59891
northeastern Ohio universities college of medicine.	59892

(L) "Four-year state university" means those state	59893
universities listed in section 3345.011 of the Revised Code.	59894

(M) "Principal amount" refers to the initial offering price	59895
to the public of an obligation, exclusive of the accrued interest,	59896
if any. "Principal amount" does not refer to the aggregate	59897
accreted amount payable at maturity or redemption of an	59898
obligation.	59899

(N) "Scholarship program" means a program registered with the	59900
~~Ohio tuition trust authority~~chancellor pursuant to section	59901
3334.17 of the Revised Code.	59902

(O) "Internal Revenue Code" means the "Internal Revenue Code	59903
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	59904

(P) "Other higher education expenses" means room and board	59905
and books, supplies, equipment, and nontuition-related fees	59906
associated with the cost of attendance of a beneficiary at an	59907
institution of higher education, but only to the extent that such	59908
expenses meet the definition of "qualified higher education	59909
expenses" under section 529 of the Internal Revenue Code. "Other	59910
higher education expenses" does not include tuition as defined in	59911
division (H) of this section.	59912

(Q) "Purchaser" means the person signing the tuition payment	59913
contract, who controls the account and acquires tuition units for	59914
an account under the terms and conditions of the contract.	59915

(R) "Contributor" means a person who signs a variable college	59916
savings program contract with the ~~Ohio tuition trust authority~~	59917
chancellor and contributes to and owns the account created under	59918
the contract.	59919

(S) "Contribution" means any payment directly allocated to an	59920
account for the benefit of the designated beneficiary of the	59921
account.	59922

Sec. 3334.02. (A) In order to help make higher education	59923
affordable and accessible to all citizens of Ohio, to maintain	59924
state institutions of higher education by helping to provide a	59925
stable financial base to these institutions, to provide the	59926
citizens of Ohio with financing assistance for higher education	59927
and protection against rising tuition costs, to encourage saving	59928
to enhance the ability of citizens of Ohio to obtain financial	59929
access to institutions of higher education, to encourage	59930
elementary and secondary students in this state to achieve	59931
academic excellence, and to promote a well-educated and	59932
financially secure population to the ultimate benefit of all	59933
citizens of the state of Ohio, there is hereby created the Ohio	59934
college savings program. The program shall consist of the issuance	59935
of college savings bonds and the sale of tuition units.	59936

(B) The provisions of Chapter 1707. of the Revised Code shall	59937
not apply to tuition units or any agreement or transaction related	59938
thereto.	59939

(C) To provide the citizens of Ohio with a choice of	59940
tax-advantaged college savings programs and the opportunity to	59941
participate in more than one type of college savings program at a	59942
time, the chancellor of the Ohio ~~tuition trust authority~~board of	59943
regents shall establish and administer a variable college savings	59944
program as a qualified state tuition program under section 529 of	59945
the Internal Revenue Code. The program shall allow contributors to	59946
make cash contributions to variable college savings program	59947
accounts created for the purpose of paying future tuition and	59948
other higher education expenses and providing variable rates of	59949
return on contributions.	59950

(D) A person may participate simultaneously in both the Ohio	59951
college savings program and the variable college savings program.	59952

Sec. 3334.03. (A) The chancellor of the Ohio board of	59953
regents shall operate programs under this chapter as a qualified	59954
state tuition program within the meaning of section 529 of the	59955
Internal Revenue Code. The chancellor's exercise of the	59956
chancellor's powers under this chapter shall be and is hereby	59957
declared to be an essential state government function. In	59958
exercising powers under this chapter, the chancellor is subject to	59959
all provisions of law generally applicable to state agencies that	59960
do not conflict with the provisions of this chapter.	59961

(B) The chancellor shall provide the Ohio tuition trust	59962
advisory board with administrative assistance and all necessary	59963
documentation regarding the chancellor's administration of the	59964
programs established under this chapter and the costs of that	59965
administration in order to assist the advisory board in its	59966
preparation of the annual report required under section 3334.031	59967
of the Revised Code and its quarterly meetings.	59968

(C) The chancellor may adopt rules establishing advisory	59969
duties and responsibilities of the advisory board not otherwise	59970
prescribed by law.	59971

~~Sec. 3334.03.~~ Sec. 3334.031. (A) ~~There is hereby created the Ohio~~	59972
~~tuition trust authority, which shall have the powers enumerated in~~	59973
~~this chapter and which shall operate as a qualified state tuition~~	59974
~~program within the meaning of section 529 of the Internal Revenue~~	59975
~~Code. The exercise by the authority of its powers shall be and is~~	59976
~~hereby declared an essential state governmental function. The~~	59977
~~authority is subject to all provisions of law generally applicable~~	59978
~~to state agencies which do not conflict with the provisions of~~	59979
~~this chapter~~The Ohio tuition trust advisory board is hereby	59980
established to advise the chancellor of the Ohio board of regents	59981
on the chancellor's duties and responsibilities under this chapter	59982
and on other matters established by the chancellor in rules	59983
adopted under section 3334.03 of the Revised Code.	59984

(B) The ~~Ohio tuition trust authority~~advisory board shall	59985
submit to the general assembly, in accordance with division (B) of	59986
section 101.68 of the Revised Code, and to the governor, an annual	59987
report on the chancellor's administration of the programs	59988
established under this chapter.	59989

(C) The advisory board shall consist of eleven members, no	59990
more than six of whom shall be of the same political party. ~~Six~~	59991
Seven members shall be appointed by the governor with the advice	59992
and consent of the senate as follows: one shall represent state	59993
institutions of higher education, one shall represent private	59994
nonprofit colleges and universities located in Ohio, one shall	59995
have experience in the field of marketing or public relations, one	59996
shall have experience in the field of information systems design	59997
or management, and ~~two~~three shall have experience in the field of	59998
banking, investment banking, insurance, or law. Four members shall	59999
be appointed by the speaker of the house of representatives and	60000
the president of the senate as follows: the speaker of the house	60001
of representatives shall appoint one member of the house from each	60002
political party and the president of the senate shall appoint one	60003
member of the senate from each political party. ~~The chancellor of~~	60004
~~the board of regents shall be an ex officio voting member;~~	60005
~~provided, however, that the chancellor may designate a~~	60006
~~vice-chancellor of the board of regents to serve as the~~	60007
~~chancellor's representative. The political party of the chancellor~~	60008
~~shall be deemed the political party of the designee for purposes~~	60009
~~of determining that no more than six members are of the same~~	60010
~~political party.~~	60011

Initial gubernatorial appointees to the ~~authority~~advisory	60012
board shall serve staggered terms, with two terms expiring on	60013
January 31, 1991, one term expiring on January 31, 1992, and one	60014
term expiring on January 31, 1993. The governor shall appoint two	60015
additional members to the ~~authority~~advisory board no later than	60016
thirty days after March 30, 1999, and their initial terms shall	60017
expire January 31, 2002. The governor shall appoint an additional	60018
member to the advisory board not later than ninety days after the	60019
effective date of this amendment, and the member's initial term	60020
shall expire January 31, 2013. Thereafter, terms of office for	60021
gubernatorial appointees shall be for four years. The initial	60022
terms of the four legislative members shall expire on January 31,	60023
1991. Thereafter legislative members shall serve two-year terms,	60024
provided that legislative members may continue to serve on the	60025
~~authority~~advisory board only if they remain members of the	60026
general assembly. Any vacancy on the ~~authority~~advisory board	60027
shall be filled in the same manner as the original appointment,	60028
except that any person appointed to fill a vacancy shall be	60029
appointed to the remainder of the unexpired term. Any member is	60030
eligible for reappointment.	60031

~~(C)~~(D) Any member may be removed by the appointing authority	60032
for misfeasance, malfeasance, or willful neglect of duty or for	60033
other cause after notice and a public hearing, unless the notice	60034
and hearing are waived in writing by the member. Members shall	60035
serve without compensation but shall receive their reasonable and	60036
necessary expenses incurred in the conduct of authority business.	60037

~~(D)~~(E) The speaker of the house of representatives and the	60038
president of the senate shall each designate a member of the	60039
~~authority~~advisory board to serve as co-chairpersons. The ~~six~~	60040
seven gubernatorial appointees ~~and the chancellor of the board of~~	60041
~~regents or the chancellor's designee~~ shall serve as the executive	60042
committee of the ~~authority~~advisory board, and shall elect an	60043
executive chairperson from among the executive committee members.	60044
The ~~authority~~advisory board and the executive committee may elect	60045
such other officers as determined by the ~~authority~~advisory board	60046
or the executive committee respectively. The ~~authority~~advisory	60047
board shall meet at least ~~annually~~quarterly at the call of either	60048
co-chairperson and at such other times as either co-chairperson or	60049
the ~~authority~~advisory board determines necessary. In the absence	60050
of both co-chairpersons, the executive chairperson shall serve as	60051
the presiding officer of the ~~authority~~advisory board. The	60052
executive committee shall meet at the call of the executive	60053
chairperson or as the executive committee determines necessary.	60054
The ~~authority~~advisory board may delegate to the executive	60055
committee such duties and responsibilities as the ~~authority~~	60056
advisory board determines appropriate~~, except that the authority~~	60057
~~may not delegate to the executive committee the final~~	60058
~~determination of the annual price of a tuition unit, the final~~	60059
~~designation of bonds as college savings bonds, or the employment~~	60060
~~of an executive director of the authority~~. Upon such delegation,	60061
the executive committee shall have the authority to act pursuant	60062
to such delegation without further approval or action by the	60063
~~authority~~advisory board. A majority of the ~~authority~~advisory	60064
board shall constitute a quorum of the ~~authority~~advisory board,	60065
and the affirmative vote of a majority of the members present	60066
shall be necessary for any action taken by the ~~authority~~advisory	60067
board. A majority of the executive committee shall constitute a	60068
quorum of the executive committee, and the affirmative vote of a	60069
majority of the members present shall be necessary for any action	60070
taken by the executive committee. No vacancy in the membership of	60071
the ~~authority~~advisory board or the executive committee shall	60072
impair the rights of a quorum to exercise all rights and perform	60073
all duties of the ~~authority~~advisory board or the executive	60074
committee, respectively.	60075

Sec. 3334.032. Whenever the term "Ohio tuition trust	60076
authority" is used, referred to, or designated in any statute,	60077
rule, contract, grant, or other document, the use, reference, or	60078
designation shall be construed to mean the "chancellor of the Ohio	60079
board of regents."	60080

Sec. 3334.04. (A) Any bonds authorized for issuance by any	60081
issuing authority may, with the approval of the chancellor of the	60082
Ohio ~~tuitition trust authority~~board of regents and at the option	60083
of the issuing authority, be designated as college savings bonds	60084
in accordance with this chapter. Bonds so designated shall be	60085
known as college savings bonds. The issuer shall sell as college	60086
savings bonds as many bonds from such an issue as is practical.	60087

(B) Issuing authorities designating bonds as a college	60088
savings bonds issue, with the approval of the ~~authority~~	60089
chancellor, may delegate to the treasurer of state the powers and	60090
duties related to the issuance and retirement of the bonds as	60091
provided by law. The financing costs, including the expenses	60092
incurred by the treasurer of ~~the~~ state in performing the powers	60093
and duties, are payable as provided in the bond proceedings from	60094
the bond proceeds, special funds, or other moneys available.	60095

(C) In connection with the authority granted by division (B)	60096
of this section, the issuer, with the approval of the ~~authority~~	60097
chancellor, may contract for services of financial consultants,	60098
accounting experts, marketing, remarketing, underwriter and	60099
administrative agents, and other consultants and independent	60100
contractors as the issuer determines necessary to carry out such	60101
powers and duties.	60102

(D) Notwithstanding any limitation to the contrary, college	60103
savings bonds may be sold at public or private sale in a manner	60104
which assures, to the extent practicable, the broadest retail	60105
distribution of the bonds to investors residing in the state.	60106

(E) Holders of college savings bonds have all of the rights	60107
and remedies accorded to such holders under the provisions of the	60108
law pursuant to which such bonds are issued, whether or not	60109
issuance of such bonds has been delegated to the treasurer of	60110
state pursuant to division (B) of this section. In addition, the	60111
bond proceedings or other documents pertaining to the bonds may	60112
contain such covenants of the issuer and other matters deemed	60113
advisable by the issuer in consultation with the ~~authority~~	60114
chancellor, including the terms and conditions for creating and	60115
maintaining sinking funds, reserve funds, and any other special	60116
funds as may be created in the bond proceedings separate and apart	60117
from all other funds and accounts of the state or of the issuing	60118
authority.	60119

(F) In advertising or promoting the sale of college savings	60120
bonds, the issuer and the ~~authority~~chancellor jointly may	60121
encourage purchasers to apply the value at maturity of college	60122
savings bonds toward the cost of tuition at an institution of	60123
higher education; however, neither the ~~authority~~chancellor, the	60124
treasurer of state, nor the issuing authority or the issuer shall	60125
provide any guarantee, nor shall any guarantee be inferred, to the	60126
effect that the value at maturity of the bonds held by a person	60127
shall be an amount sufficient to pay for the cost of tuition at	60128
any institution of higher education attended by that person for	60129
such purposes as hethe person determines.	60130

Sec. 3334.06. (A) The chancellor of the Ohio ~~tuition trust~~	60131
~~authority~~board of regents shall, after consultation with the	60132
issuer, develop a plan for the sale of college savings bonds. The	60133
plan shall include:	60134

(1) An advertising program to inform the public about the	60135
availability of college savings bonds;	60136

(2) The estimated cost of financing and administering the	60137
plan;	60138

(3) A description of the ongoing administrative authority and	60139
responsibility for the plan.	60140

(B) The ~~authority~~chancellor shall approve the sale of a	60141
college savings bond issue under division (A) of section 3334.04	60142
of the Revised Code only after itthe chancellor has determined	60143
that the issuance would comply with section 3334.04 of the Revised	60144
Code.	60145

(C) The ~~authority~~chancellor shall cooperate with all state	60146
issuing authorities in identifying potential bond issues which may	60147
be appropriate for designation as college savings bonds and shall	60148
encourage those issuing authorities to participate in the Ohio	60149
college savings program.	60150

Sec. 3334.07. (A) The chancellor of the Ohio ~~tuition trust~~	60151
~~authority~~board of regents shall develop a plan for the sale of	60152
tuition units. ~~The Ohio board of regents shall cooperate with the~~	60153
~~authority and provide technical assistance upon request.~~	60154

(B) Annually, the ~~authority~~chancellor shall determine the	60155
weighted average tuition of four-year state universities in the	60156
academic year that begins on or after the first day of August of	60157
the current calendar year, and shall establish the price of a	60158
tuition unit in the ensuing sales period. Such price shall be	60159
based on sound actuarial principles, and shall, to the extent	60160
actuarially possible, reasonably approximate one per cent of the	60161
weighted average tuition for that academic year plus the costs of	60162
administering the program that are in excess of general revenue	60163
fund appropriations for administrative costs. The sales period to	60164
which such price applies shall consist of twelve months, and the	60165
~~authority~~chancellor by rule shall establish the date on which the	60166
sales period begins. If circumstances arise during a sales period	60167
that the ~~authority~~chancellor determines causes the price of	60168
tuition units to be insufficient to ensure the actuarial soundness	60169
of the Ohio tuition trust fund, the ~~authority~~chancellor may	60170
adjust the price of tuition units purchased during the remainder	60171
of the sales period. To promote the purchase of tuition units and	60172
in accordance with actuarially sound principles, the ~~authority~~	60173
chancellor may adjust the sales price as part of incentive	60174
programs, such as discounting for lump sum purchases and	60175
multi-year installment plans at a fixed rate of purchase.	60176

Sec. 3334.08. (A) Subject to division (B) of this section,	60177
in addition to any other powers conferred by this chapter, the	60178
chancellor of the Ohio ~~tuition trust authority~~board of regents	60179
may do any of the following:	60180

(1) Impose reasonable residency requirements for	60181
beneficiaries of tuition units;	60182

(2) Impose reasonable limits on the number of tuition unit	60183
participants;	60184

(3) Impose and collect administrative fees and charges in	60185
connection with any transaction under this chapter;	60186

(4) Purchase insurance from insurers licensed to do business	60187
in this state providing for coverage against any loss in	60188
connection with ~~the authority's~~ property, assets, or activities or	60189
to further ensure the value of tuition units;	60190

(5) Indemnify or purchase policies of insurance on behalf of	60191
~~members, officers, and~~ employees of the ~~authority~~chancellor from	60192
insurers licensed to do business in this state providing for	60193
coverage for any liability incurred in connection with any civil	60194
action, demand, or claim against ~~a director, officer, or~~an	60195
employee by reason of an act or omission by the ~~director, officer,~~	60196
or employee that was not manifestly outside the scope of the	60197
employment or official duties of the ~~director, officer, or~~	60198
employee or with malicious purpose, in bad faith, or in a wanton	60199
or reckless manner;	60200

(6) Make, execute, and deliver contracts, conveyances, and	60201
other instruments necessary to the exercise and discharge of the	60202
powers and duties of the ~~authority~~chancellor;	60203

(7) Promote, advertise, and publicize the Ohio college	60204
savings program and the variable college savings program;	60205

(8) Adopt rules under section 111.15 of the Revised Code for	60206
the implementation of the Ohio college savings program;	60207

(9) Contract, for the provision of all or part of the	60208
services necessary for the management and operation of the Ohio	60209
college savings program and the variable college savings program,	60210
with a bank, trust company, savings and loan association,	60211
insurance company, or licensed dealer in securities if the bank,	60212
company, association, or dealer is authorized to do business in	60213
this state and information about the contract is filed with the	60214
controlling board pursuant to division (D)(6) of section 127.16 of	60215
the Revised Code;	60216

(10) Contract for other services, or for goods, needed by the	60217
~~authority~~chancellor in the conduct of ~~its~~the chancellor's	60218
business under this chapter, including but not limited to credit	60219
card services;	60220

~~(11) Employ an executive director and other personnel as~~	60221
~~necessary to carry out its responsibilities under this chapter,~~	60222
~~and fix the compensation of these persons. All employees of the~~	60223
~~authority shall be in the unclassified civil service and shall be~~	60224
~~eligible for membership in the public employees retirement system.~~	60225

~~(12)~~ Contract with financial consultants, actuaries,	60226
auditors, and other consultants as necessary to carry out ~~its~~the	60227
chancellor's responsibilities under this chapter;	60228

~~(13)~~(12) Enter into agreements with any agency of the state	60229
or its political subdivisions or with private employers under	60230
which an employee may agree to have a designated amount deducted	60231
in each payroll period from the wages or salary due the employee	60232
for the purpose of purchasing tuition units pursuant to a tuition	60233
payment contract or making contributions pursuant to a variable	60234
college savings program contract;	60235

~~(14)~~(13) Enter into an agreement with the treasurer of state	60236
under which the treasurer of state will receive, and credit to the	60237
Ohio tuition trust fund or variable college savings program fund,	60238
from any bank or savings and loan association authorized to do	60239
business in this state, amounts that a depositor of the bank or	60240
association authorizes the bank or association to withdraw	60241
periodically from the depositor's account for the purpose of	60242
purchasing tuition units pursuant to a tuition payment contract or	60243
making contributions pursuant to a variable college savings	60244
program contract;	60245

~~(15)~~(14) Solicit and accept gifts, grants, and loans from any	60246
person or governmental agency and participate in any governmental	60247
program;	60248

~~(16)~~(15) Impose limits on the number of units which may be	60249
purchased on behalf of or assigned or awarded to any beneficiary	60250
and on the total amount of contributions that may be made on	60251
behalf of a beneficiary;	60252

~~(17)~~(16) Impose restrictions on the substitution of another	60253
individual for the original beneficiary under the Ohio college	60254
savings program;	60255

~~(18)~~(17) Impose a limit on the age of a beneficiary, above	60256
which tuition units may not be purchased on behalf of that	60257
beneficiary;	60258

~~(19)~~(18) Enter into a cooperative agreement with the	60259
treasurer of state to provide for the direct disbursement of	60260
payments under tuition payment or variable college savings program	60261
contracts;	60262

~~(20)~~(19) Determine the other higher education expenses for	60263
which tuition units or contributions may be used;	60264

~~(21)~~(20) Terminate any tuition payment or variable college	60265
savings program contract if no purchases or contributions are made	60266
for a period of three years or more and there are fewer than a	60267
total of five tuition units or less than a dollar amount set by	60268
rule on account, provided that notice of a possible termination	60269
shall be provided in advance, explaining any options to prevent	60270
termination, and a reasonable amount of time shall be provided	60271
within which to act to prevent a termination;	60272

~~(22)~~(21) Maintain a separate account for each tuition payment	60273
or variable college savings program contract;	60274

~~(23)~~(22) Perform all acts necessary and proper to carry out	60275
the duties and responsibilities of the ~~authority~~chancellor	60276
pursuant to this chapter.	60277

(B) The ~~authority~~chancellor shall adopt rules under section	60278
111.15 of the Revised Code for the implementation and	60279
administration of the variable college savings program. The rules	60280
shall provide taxpayers with the maximum tax advantages and	60281
flexibility consistent with section 529 of the Internal Revenue	60282
Code and regulations adopted thereunder with regard to disposition	60283
of contributions and earnings, designation of beneficiaries, and	60284
rollover of account assets to other programs.	60285

(C) Except as otherwise specified in this chapter, the	60286
provisions of Chapters 123., 125., and 4117. of the Revised Code	60287
shall not apply to the ~~authority. The department of administrative~~	60288
~~services shall, upon the request of the authority, act as the~~	60289
~~authority's agent for the purchase of equipment, supplies,~~	60290
~~insurance, or services, or the performance of administrative~~	60291
~~services pursuant to Chapter 125. of the Revised Code~~chancellor's	60292
exercise of duties and responsibilities under this chapter.	60293

Sec. 3334.09. (A) Except in the case of a scholarship	60294
program established in accordance with section 3334.17 of the	60295
Revised Code, the chancellor of the Ohio ~~tuition trust authority~~	60296
board of regents may enter into a tuition payment contract with	60297
any person for the purchase of tuition units if either the	60298
purchaser or the beneficiary is a resident of this state at the	60299
time the contract is entered into. A tuition payment contract	60300
shall allow any person to purchase tuition units at the price	60301
determined by the ~~authority~~chancellor pursuant to section 3334.07	60302
or 3334.12 of the Revised Code for the year in which the tuition	60303
unit is purchased. The purchaser shall name in the payment	60304
contract one specific individual as the beneficiary for the	60305
tuition units.	60306

In accordance with rules of the ~~authority~~chancellor, units	60307
may be transferred to the credit of another beneficiary and a new	60308
beneficiary may be substituted for the beneficiary originally	60309
named in the contract.	60310

(B) Each tuition unit shall entitle the beneficiary to an	60311
amount equal to one per cent of the weighted average tuition.	60312

(C) Nothing in this chapter or in any tuition payment	60313
contract entered into pursuant to this chapter shall be construed	60314
as a guarantee by the state, the ~~authority~~chancellor, or any	60315
institution of higher education that a beneficiary will be	60316
admitted to an institution of higher education, or, upon admission	60317
to an institution of higher education, will be permitted to	60318
continue to attend or will receive a degree from an institution of	60319
higher education. Nothing in this chapter or in any tuition	60320
payment contract entered into pursuant to this chapter shall be	60321
considered a guarantee that the beneficiary's cost of tuition at	60322
an institution of higher education other than a state institution	60323
of higher education will be covered in full by the proceeds of the	60324
beneficiary's tuition units.	60325

(D) The following information shall be disclosed in writing	60326
to each purchaser of tuition units and, where appropriate, to each	60327
entity establishing a scholarship program under section 3334.17 of	60328
the Revised Code:	60329

(1) The terms and conditions for the purchase and use of	60330
tuition units;	60331

(2) In the case of a contract described by division (A) of	60332
this section, any restrictions on the substitution of another	60333
individual for the original beneficiary and any restrictions on	60334
the transfer of ownership of units in the payment account;	60335

(3) The person or entity entitled to terminate the contract;

60336

(4) The terms and conditions under which the contract may be	60337
terminated and the amount of the refund, if any, to which the	60338
person or entity terminating the contract, or that person's or	60339
entity's designee, is entitled upon termination;	60340

(5) The obligation of the ~~authority~~chancellor to make	60341
payments to a beneficiary, or an institution of higher education	60342
on behalf of a beneficiary, under division (B) of this section	60343
based upon the number of tuition units purchased on behalf of the	60344
beneficiary or awarded to the beneficiary pursuant to a	60345
scholarship program;	60346

(6) The method by which tuition units shall be applied toward	60347
payment of tuition and other higher education expenses if in any	60348
academic term the beneficiary is a part-time student;	60349

(7) The period of time during which a beneficiary may receive	60350
benefits under the contract;	60351

(8) The terms and conditions under which money may be wholly	60352
or partially withdrawn from the program, including, but not	60353
limited to, any reasonable charges and fees that may be imposed	60354
for withdrawal;	60355

(9) All other rights and obligations of the purchaser and the	60356
~~authority~~chancellor, including the provisions of division (A) of	60357
section 3334.12 of the Revised Code, and any other terms,	60358
conditions, and provisions the ~~authority~~chancellor considers	60359
necessary and appropriate.	60360

(E) A tuition payment contract may provide that the ~~authority~~	60361
chancellor will pay directly to the institution of higher	60362
education in which a beneficiary is enrolled during a term the	60363
amount represented by the tuition units being used that term.	60364

(F) A tuition payment contract described by division (A) of	60365
this section may provide that if the contract has not been	60366
terminated or units purchased under the contract have not been	60367
applied toward the payment of tuition or other higher education	60368
expenses within a specified period of time, the ~~authority~~	60369
chancellor may, after making a reasonable effort to locate the	60370
purchaser of the tuition units, the beneficiary, and any person	60371
designated in the contract to act on behalf of the purchaser of	60372
the units or the beneficiary, terminate the contract and retain	60373
the amounts payable under the contract.	60374

(G) If, at any time after tuition units are purchased on	60375
behalf of a beneficiary or awarded to a beneficiary or pursuant to	60376
a scholarship program, the beneficiary becomes a nonresident of	60377
this state, or, if the beneficiary was not a resident of this	60378
state at the time the tuition payment contract was entered into,	60379
the purchaser becomes a nonresident of this state, units purchased	60380
or awarded while the beneficiary was a resident may be applied on	60381
behalf of the beneficiary toward the payment of tuition at an	60382
institution of higher education and other higher education	60383
expenses in the manner specified in division (B) of this section,	60384
except that if the beneficiary enrolls in a state institution of	60385
higher education, the beneficiary shall be responsible for payment	60386
of all nonresident fees charged to out-of-state residents by the	60387
institution in which the beneficiary is enrolled.	60388

Sec. 3334.10. Divisions (A) and (B) of this section do not	60389
apply to scholarship programs established under section 3334.17 of	60390
the Revised Code.	60391

(A) Unless otherwise provided for in the tuition payment	60392
contract, the purchaser may rollover amounts to another qualified	60393
tuition program under section 529 of the Internal Revenue Code or	60394
terminate the contract for any reason by filing written notice	60395
with the chancellor of the Ohio ~~tuition trust authority~~board of	60396
regents.	60397

(1) If the contract is terminated and the beneficiary is	60398
under eighteen years of age, the ~~authority~~chancellor shall use	60399
actuarially sound principles to determine the amount of the	60400
refund.	60401

(2) If the contract is terminated because of the death or	60402
permanent disability of the beneficiary, the amount of the refund	60403
shall be equal to the greater of the following:	60404

(a) One per cent of the weighted average tuition in the	60405
academic year the refund is paid, multiplied by the number of	60406
tuition units purchased and not used;	60407

(b) The total purchase price of all tuition units purchased	60408
for the beneficiary and not used.	60409

(3) If all or part of the amount accrued under the contract	60410
is liquidated for a rollover to another qualified tuition program	60411
under section 529 of the Internal Revenue Code, the rollover	60412
amount shall be determined in an actuarially sound manner.	60413

(B) The contributor of a variable college savings program	60414
account may rollover amounts to another qualified tuition program	60415
under section 529 of the Internal Revenue Code or terminate the	60416
account for any reason by filing written notice with the ~~Ohio~~	60417
~~tuition trust authority~~chancellor.	60418

The contributor may receive an amount equal to the account	60419
balance, less any applicable administrative fees.	60420

(C) A scholarship program may request a refund of tuition	60421
units in the program's account by filing a written request with	60422
the ~~authority~~chancellor. The refund shall be paid to the entity	60423
that established the scholarship program or, with that entity's	60424
approval, to the ~~authority~~chancellor if this is authorized by	60425
federal tax law. The amount of any refund shall be determined by	60426
the ~~authority~~chancellor and shall meet the requirements for	60427
refunds made on account of scholarships under section 529 of the	60428
Internal Revenue Code.	60429

(D) The ~~authority~~chancellor shall maintain a separate	60430
account for each variable college savings contract entered into	60431
pursuant to division (A) of section 3334.18 of the Revised Code	60432
for contributions made on behalf of a beneficiary, showing the	60433
name of the beneficiary of that contract and the amount of	60434
contributions made pursuant to that contract. Upon request of any	60435
beneficiary or contributor, the ~~authority~~chancellor shall provide	60436
a statement indicating, in the case of a beneficiary, the amount	60437
of contributions made pursuant to that contract on behalf of the	60438
beneficiary, or, in the case of a contributor, contributions made,	60439
disbursed, or refunded pursuant to that contract.	60440

Sec. 3334.11. (A) The assets ~~of the Ohio tuition trust~~	60441
~~authority~~ reserved for payment of the obligations ~~of the authority~~	60442
pursuant to tuition payment contracts shall be placed in a fund,	60443
which is hereby created and shall be known as the Ohio tuition	60444
trust fund. The fund shall be in the custody of the treasurer of	60445
state, but shall not be part of the state treasury. That portion	60446
of payments received by the ~~authority~~chancellor of the Ohio board	60447
of regents or the treasurer of state from persons purchasing	60448
tuition units under tuition payment contracts that the ~~authority~~	60449
chancellor determines is actuarially necessary for the payment of	60450
obligations ~~of the authority~~ pursuant to tuition payment	60451
contracts, all interest and investment income earned by the fund,	60452
and all other receipts of the ~~authority~~chancellor from any other	60453
source that the ~~authority~~chancellor determines appropriate, shall	60454
be deposited in the fund. No purchaser or beneficiary of tuition	60455
units shall have any claim against the funds of any state	60456
institution of higher education. All investment fees and other	60457
costs incurred in connection with the exercise of the investment	60458
powers of the ~~authority~~chancellor pursuant to divisions (D) and	60459
(E) of this section shall be paid from the assets of the fund.	60460

(B) Unless otherwise provided by the ~~authority~~chancellor,	60461
the assets of the Ohio tuition trust fund shall be expended in the	60462
following order:	60463

(1) To make payments to beneficiaries, or institutions of	60464
higher education on behalf of beneficiaries, under division (B) of	60465
section 3334.09 of the Revised Code;	60466

(2) To make refunds as provided in divisions (A) and (C) of	60467
section 3334.10 of the Revised Code;	60468

(3) To pay the investment fees and other costs of	60469
administering the fund.	60470

(C)(1) Except as may be provided in an agreement under	60471
division (A)~~(19)~~(18) of section 3334.08 of the Revised Code, all	60472
disbursements from the Ohio tuition trust fund shall be made by	60473
the treasurer of state on order of a designee of the ~~authority~~	60474
chancellor.	60475

(2) The treasurer of state shall deposit any portion of the	60476
Ohio tuition trust fund not needed for immediate use in the same	60477
manner as state funds are deposited.	60478

(D) The ~~authority~~chancellor is the trustee of the Ohio	60479
tuition trust fund. The ~~authority~~chancellor shall have full power	60480
to invest the assets of the fund and in exercising this power	60481
shall be subject to the limitations and requirements contained in	60482
divisions (K) to (M) of this section and sections 145.112 and	60483
145.113 of the Revised Code. The evidences of title of all	60484
investments shall be delivered to the treasurer of state or to a	60485
qualified trustee designated by the treasurer of state as provided	60486
in section 135.18 of the Revised Code. Assets of the fund shall be	60487
administered by the ~~authority~~chancellor in a manner designed to	60488
be actuarially sound so that the assets of the fund will be	60489
sufficient to satisfy the obligations ~~of the authority~~ pursuant to	60490
tuition payment contracts and defray the reasonable expenses of	60491
administering the fund.	60492

(E) ~~The public employees retirement board shall, with the~~	60493
~~approval of the authority, exercise the investment powers of the~~	60494
~~authority as set forth~~The chancellor may contract with any	60495
business, entity, or government agency to carry out the	60496
chancellor's investment powers provided in division (D) of this	60497
section ~~until the authority determines that assumption and~~	60498
~~exercise by the authority of the investment powers is financially~~	60499
~~and administratively feasible~~. The investment powers shall be	60500
exercised by the ~~public employees retirement board~~contractor in a	60501
manner agreed upon by the ~~authority~~chancellor that maximizes the	60502
return on investment and minimizes the administrative expenses.	60503

(F)(1) The ~~authority~~chancellor shall maintain a separate	60504
account for each tuition payment contract entered into pursuant to	60505
division (A) of section 3334.09 of the Revised Code for the	60506
purchase of tuition units on behalf of a beneficiary or	60507
beneficiaries showing the beneficiary or beneficiaries of that	60508
contract and the number of tuition units purchased pursuant to	60509
that contract. Upon request of any beneficiary or person who has	60510
entered into a tuition payment contract, the ~~authority~~chancellor	60511
shall provide a statement indicating, in the case of a	60512
beneficiary, the number of tuition units purchased on behalf of	60513
the beneficiary, or in the case of a person who has entered into a	60514
tuition payment contract, the number of tuition units purchased,	60515
used, or refunded pursuant to that contract. A beneficiary and	60516
person that have entered into a tuition payment contract each may	60517
file only one request under this division in any year.	60518

(2) The ~~authority~~chancellor shall maintain an account for	60519
each scholarship program showing the number of tuition units that	60520
have been purchased for or donated to the program and the number	60521
of tuition units that have been used. Upon the request of the	60522
entity that established the scholarship program, the ~~authority~~	60523
chancellor shall provide a statement indicating these numbers.	60524

(G) In addition to the Ohio tuition trust fund, there is	60525
hereby established a reserve fund that shall be in the custody of	60526
the treasurer of state but shall not be part of the state	60527
treasury, and shall be known as the Ohio tuition trust reserve	60528
fund, and an operating fund that shall be part of the state	60529
treasury, and shall be known as the Ohio tuition trust operating	60530
fund. That portion of payments received by the ~~authority~~	60531
chancellor or the treasurer of state from persons purchasing	60532
tuition units under tuition payment contracts that the ~~authority~~	60533
chancellor determines is not actuarially necessary for the payment	60534
of obligations ~~of the authority~~ pursuant to tuition payment	60535
contracts, any interest and investment income earned by the	60536
reserve fund, any administrative charges and fees imposed by the	60537
~~authority~~chancellor on transactions under this chapter or on	60538
purchasers or beneficiaries of tuition units, and all other	60539
receipts from any other source that the ~~authority~~chancellor	60540
determines appropriate, shall be deposited in the reserve fund to	60541
pay the operating expenses of the ~~authority~~chancellor and the	60542
costs of administering the program. The assets of the reserve fund	60543
may be invested in the same manner and subject to the same	60544
limitations set forth in divisions (D), (E), and (K) to (M) of	60545
this section and sections 145.112 and 145.113 of the Revised Code.	60546
All investment fees and other costs incurred in connection with	60547
the exercise of the investment powers shall be paid from the	60548
assets of the reserve fund. Except as otherwise provided for in	60549
this chapter, all operating expenses of the ~~authority~~chancellor	60550
and costs of administering the program shall be paid from the	60551
operating fund. The treasurer shall, upon request of the ~~authority~~	60552
chancellor, transfer funds from the reserve fund to the operating	60553
fund as the ~~authority~~chancellor determines appropriate to pay	60554
those current operating expenses ~~of the authority~~ and costs of	60555
administering the program as the ~~authority~~chancellor designates.	60556
Any interest or investment income earned on the assets of the	60557
operating fund shall be deposited in the operating fund.	60558

(H) In January of each year the ~~authority~~chancellor shall	60559
report to each person who received any payments or refunds under	60560
this chapter from the ~~authority~~chancellor during the preceding	60561
year information relative to the value of the payments or refunds	60562
to assist in determining that person's tax liability.	60563

(I) The ~~authority~~chancellor shall report to the tax	60564
commissioner any information, and at the times, as the tax	60565
commissioner requires to determine any tax liability that a person	60566
may have incurred during the preceding year as a result of having	60567
received any payments or refunds from the ~~authority~~chancellor.	60568

(J) All records of the ~~authority~~chancellor indicating the	60569
identity of purchasers and beneficiaries of tuition units or	60570
college savings bonds, the number of tuition units purchased,	60571
used, or refunded under a tuition payment contract, and the number	60572
of college savings bonds purchased, held, or redeemed are not	60573
public records within the meaning of section 149.43 of the Revised	60574
Code.	60575

(K) The ~~authority~~chancellor and other fiduciaries shall	60576
discharge their duties with respect to the funds with care, skill,	60577
prudence, and diligence under the circumstances then prevailing	60578
that a prudent person acting in a like capacity and familiar with	60579
such matters would use in the conduct of an enterprise of a like	60580
character and with like aims; and by diversifying the investments	60581
of the assets of the funds so as to minimize the risk of large	60582
losses, unless under the circumstances it is clearly prudent not	60583
to do so.	60584

To facilitate investment of the funds, the ~~authority~~	60585
chancellor may establish a partnership, trust, limited liability	60586
company, corporation, including a corporation exempt from taxation	60587
under the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as	60588
amended, or any other legal entity authorized to transact business	60589
in this state.	60590

(L) In exercising ~~its~~the chancellor's fiduciary	60591
responsibility with respect to the investment of the assets of the	60592
funds, it shall be the intent of the ~~authority~~chancellor to give	60593
consideration to investments that enhance the general welfare of	60594
the state and its citizens where the investments offer quality,	60595
return, and safety comparable to other investments currently	60596
available to the ~~authority~~chancellor. In fulfilling this intent,	60597
equal consideration shall also be given to investments otherwise	60598
qualifying under this section that involve minority owned and	60599
controlled firms and firms owned and controlled by women, either	60600
alone or in joint venture with other firms.	60601

The ~~authority~~chancellor shall ~~adopt, in regular meeting,~~	60602
establish policies, objectives, or criteria for the operation of	60603
the investment program that include asset allocation targets and	60604
ranges, risk factors, asset class benchmarks, time horizons, total	60605
return objectives, and performance evaluation guidelines. In	60606
~~adopting~~establishing policies and criteria for the selection of	60607
agents and investment managers with whom the ~~authority~~chancellor	60608
may contract for the administration of the assets of the funds,	60609
the ~~authority shall give equal consideration to~~chancellor may set	60610
aside approximately fifteen per cent of the contracts for minority	60611
owned and controlled firms, firms owned and controlled by women,	60612
and ventures involving minority owned and controlled firms and	60613
firms owned and controlled by women that otherwise meet the	60614
policies and criteria established by the ~~authority~~chancellor.	60615
~~Amendments and additions to the policies and criteria shall be~~	60616
~~adopted in regular meeting.~~ The ~~authority~~chancellor shall	60617
publish ~~its~~the policies, objectives, and criteria under this	60618
provision no less often than annually and shall make copies	60619
available to interested parties.	60620

When reporting on the performance of investments, the	60621
~~authority~~chancellor shall comply with the performance	60622
presentation standards established by the association for	60623
investment management and research.	60624

(M) All investments shall be purchased at current market	60625
prices and the evidences of title of the investments shall be	60626
placed in the hands of the treasurer of state, who is hereby	60627
designated as custodian thereof, or in the hands of the treasurer	60628
of state's authorized agent. The treasurer of state or the agent	60629
shall collect the principal, dividends, distributions, and	60630
interest thereon as they become due and payable and place them	60631
when so collected into the custodial funds.	60632

The treasurer of state shall pay for investments purchased by	60633
the ~~authority~~chancellor on receipt of written or electronic	60634
instructions from the ~~authority~~chancellor or the ~~authority's~~	60635
chancellor's designated agent authorizing the purchase and pending	60636
receipt of the evidence of title of the investment by the	60637
treasurer of state or the treasurer of state's authorized agent.	60638
The ~~authority~~chancellor may sell investments held by the	60639
~~authority~~chancellor, and the treasurer of state or the treasurer	60640
of state's authorized agent shall accept payment from the	60641
purchaser and deliver evidence of title of the investment to the	60642
purchaser on receipt of written or electronic instructions from	60643
the ~~authority~~chancellor or the ~~authority's~~chancellor's	60644
designated agent authorizing the sale, and pending receipt of the	60645
moneys for the investments. The amount received shall be placed in	60646
the custodial funds. The ~~authority~~chancellor and the treasurer	60647
of state may enter into agreements to establish procedures for the	60648
purchase and sale of investments under this division and the	60649
custody of the investments.	60650

No purchase or sale of any investment shall be made under	60651
this section except as authorized by the ~~authority~~chancellor.	60652

Any statement of financial position distributed by the	60653
~~authority~~chancellor shall include fair value, as of the statement	60654
date, of all investments held by the ~~authority~~chancellor under	60655
this section.	60656

Sec. 3334.111. (A) As used in this section:

60657

(1) "Minority business enterprise" has the meaning defined in	60658
section 122.71 of the Revised Code.	60659

(2) "Women's business enterprise" means a business, or a	60660
partnership, corporation, limited liability company, or joint	60661
venture of any kind, that is owned and controlled by women who are	60662
United States citizens and residents of this state.	60663

(B) The chancellor of the board of regents shall submit	60664
annually to the governor and to the general assembly (under	60665
section 101.68 of the Revised Code) a report containing the	60666
following information:	60667

(1) The name of each investment manager that is a minority	60668
business enterprise or a women's business enterprise with which	60669
the chancellor contracts;	60670

(2) The amount of assets managed by investment managers that	60671
are minority business enterprises or women's business enterprises,	60672
expressed as a percentage of assets managed by investment managers	60673
with which the chancellor has contracted;	60674

(3) Efforts by the chancellor to increase utilization of	60675
investment managers that are minority business enterprises or	60676
women's business enterprises.	60677

Sec. 3334.12. Notwithstanding anything to the contrary in	60678
sections 3334.07 and 3334.09 of the Revised Code:	60679

(A) Annually, the chancellor of the Ohio ~~tuition trust~~	60680
~~authority~~board of regents shall have the actuarial soundness of	60681
the Ohio tuition trust fund evaluated by a nationally recognized	60682
actuary and shall determine whether additional assets are	60683
necessary to defray ~~the~~ obligations ~~of the authority~~. If, after	60684
the ~~authority~~chancellor sets the price for tuition units,	60685
circumstances arise that the ~~executive director~~chancellor	60686
determines necessitate an additional evaluation of the actuarial	60687
soundness of the fund, the ~~executive director~~chancellor shall	60688
have a nationally recognized actuary conduct the necessary	60689
evaluation. If the assets of the fund are insufficient to ensure	60690
the actuarial soundness of the fund, the ~~authority~~chancellor	60691
shall adjust the price of subsequent purchases of tuition units to	60692
the extent necessary to help restore the actuarial soundness of	60693
the fund. If, at any time, the adjustment is likely, in the	60694
opinion of the ~~authority~~chancellor, to diminish the marketability	60695
of tuition units to an extent that the continued sale of the units	60696
likely would not restore the actuarial soundness of the fund and	60697
external economic factors continue to negatively impact the	60698
soundness of the program, the ~~authority~~chancellor may suspend	60699
sales, either permanently or temporarily, of tuition units. During	60700
any suspension, the ~~authority~~chancellor shall continue to service	60701
existing college savings program accounts.	60702

(B) Upon termination of the program or liquidation of the	60703
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and	60704
the Ohio tuition trust operating fund, any remaining assets of the	60705
funds after all obligations of the funds have been satisfied	60706
pursuant to division (B) of section 3334.11 of the Revised Code	60707
shall be transferred to the general revenue fund of the state.	60708

(C) The ~~authority~~chancellor shall prepare and cause to have	60709
audited an annual financial report on all financial activity of	60710
the ~~Ohio tuition trust authority~~chancellor under this chapter	60711
within ninety days of the end of the fiscal year. The ~~authority~~	60712
chancellor shall transmit a copy of the audited financial report	60713
to the governor, the president of the senate, the speaker of the	60714
house of representatives, and the minority leaders of the senate	60715
and the house of representatives. Copies of the audited financial	60716
report also shall be made available, upon request, to the persons	60717
entering into contracts with the ~~authority~~chancellor and to	60718
prospective purchasers of tuition units and prospective	60719
contributors to variable college savings program accounts.	60720

Sec. 3334.16. The general assembly hereby finds that the	60721
prepaid tuition program providing for the sale of tuition ~~credits~~	60722
units by the chancellor of the Ohio ~~tuition trust authority~~board	60723
of regents is an official state function, offered through an	60724
agency of this state, which agency receives state appropriations.	60725
Therefore, the ~~authority~~chancellor is directed by the state of	60726
Ohio to assume itthe program is exempt from federal tax	60727
liability.	60728

Sec. 3334.17. (A) The state, any political subdivision of	60729
the state, and any organization that is exempt from federal income	60730
taxation under section 501 (a) and described in section 501 (c)(3)	60731
of the Internal Revenue Code, including the chancellor of the Ohio	60732
~~tuition trust authority~~board of regents if this is authorized	60733
under federal tax law, may establish a scholarship program to	60734
award scholarships consisting of contributions made to any college	60735
savings program for students. Any scholarship program established	60736
under this section shall be registered with the ~~authority~~	60737
chancellor. The ~~authority~~chancellor shall be notified of the name	60738
and address of each scholarship beneficiary under the program, the	60739
amounts awarded, and the institution of higher education in which	60740
the beneficiary is enrolled. Scholarship beneficiaries shall be	60741
selected by the entity establishing the scholarship program, in	60742
accordance with criteria established by the entity.	60743

(B) Any person or governmental entity may purchase tuition	60744
units on behalf of a scholarship program that is or is to be	60745
established in accordance with division (A) of this section at the	60746
same price as is established for the purchase of units for named	60747
beneficiaries pursuant to this chapter. Tuition units shall have	60748
the same value to the beneficiary of a scholarship awarded	60749
pursuant to this section as they would have to any other	60750
beneficiary pursuant to division (B) of section 3334.09 of the	60751
Revised Code.	60752

(C) The entity establishing and maintaining a scholarship	60753
program shall specify whether a scholarship beneficiary may	60754
receive a refund or payment for the amount awarded under the	60755
scholarship program directly from the ~~authority~~chancellor, or	60756
whether the amount awarded shall be paid by the ~~authority~~	60757
chancellor only to the institution of higher education in which	60758
the student is enrolled.	60759

(D) If a scholarship beneficiary does not use the amount	60760
awarded within a length of time specified under the scholarship	60761
program, the amount may be awarded to another beneficiary.	60762

Sec. 3334.18. (A) A variable college savings program	60763
established by the chancellor of the Ohio ~~tuition trust authority~~	60764
board of regents shall include provisions for a contract to be	60765
entered into between a contributor and the ~~authority~~chancellor	60766
that will authorize the contributor to open an account for a	60767
beneficiary and authorize the contributor to substitute a new	60768
beneficiary for one originally named in the contract, to the	60769
extent permitted by section 529 of the Internal Revenue Code.	60770

(B) The ~~authority~~chancellor shall provide adequate	60771
safeguards to prevent total contributions to a variable college	60772
savings program account or purchases of tuition units, either	60773
separately or combined, that are made on behalf of a beneficiary	60774
from exceeding the amount necessary to provide for the tuition and	60775
other higher education expenses of the beneficiary, consistent	60776
with the maximum contributions permitted by section 529 of the	60777
Internal Revenue Code. However, in no event shall contributions or	60778
purchases exceed the allowable limit for a qualified tuition	60779
program under section 529 of the Internal Revenue Code.	60780

(C)(1) Participation in the variable college savings program	60781
does not guarantee that contributions and the investment return on	60782
contributions, if any, will be adequate to cover future tuition	60783
and other higher education expenses or that a beneficiary will be	60784
admitted to or permitted to continue to attend an institution of	60785
higher education.	60786

(2) Returns on contributors' investments in the variable	60787
college savings program are not guaranteed by the state and the	60788
contributors to the variable college savings program assume all	60789
investment risk, including the potential loss of principal and	60790
liability for penalties such as those levied for noneducational	60791
withdrawals.	60792

(3) The state shall have no debt or obligation to any	60793
contributor, beneficiary, or any other person as a result of the	60794
establishment of the program, and the state assumes no risk or	60795
liability for funds invested in the variable college savings	60796
program.	60797

(4) Informational materials about the variable college	60798
savings program prepared by the ~~authority~~chancellor or ~~its~~the	60799
chancellor's agents and provided to prospective contributors shall	60800
state clearly the information set forth in division (C) of this	60801
section.	60802

Sec. 3334.19. (A) The chancellor of the Ohio ~~tuition trust~~	60803
~~authority~~board of regents shall adopt an investment plan that	60804
sets forth investment policies and guidelines to be utilized in	60805
administering the variable college savings program. Except as	60806
provided in section 3334.20 of the Revised Code, the ~~authority~~	60807
chancellor shall contract with one or more insurance companies,	60808
banks, or other financial institutions to act as its investment	60809
agents and to provide such services as the ~~authority~~chancellor	60810
considers appropriate to the investment plan, including:	60811

(1) Purchase, control, and safekeeping of assets;

60812

(2) Record keeping and accounting for individual accounts and	60813
for the program as a whole;	60814

(3) Provision of consolidated statements of account.

60815

(B) The ~~authority~~chancellor or ~~its~~the chancellor's	60816
investment agents shall maintain a separate account for the	60817
beneficiary of each contract entered into under the variable	60818
college savings program. If a beneficiary has more than one such	60819
account, the ~~authority~~chancellor or ~~its~~the chancellor's agents	60820
shall track total contributions and earnings and provide a	60821
consolidated system of account distributions to institutions of	60822
higher education.	60823

(C) The ~~authority~~chancellor or ~~its~~the chancellor's	60824
investment agents may place assets of the program in savings	60825
accounts and may purchase fixed or variable life insurance or	60826
annuity contracts, securities, evidence of indebtedness, or other	60827
investment products pursuant to the investment plan.	60828

(D) Contributors shall not direct the investment of their	60829
contributions under the investment plan. The ~~authority~~chancellor	60830
shall impose other limits on contributors' investment discretion	60831
to the extent required under section 529 of the Internal Revenue	60832
Code.	60833

(E) The investment agents with which the ~~authority~~chancellor	60834
contracts shall discharge their duties with respect to program	60835
funds with the care and diligence that a prudent person familiar	60836
with such matters and with the character and aims of the program	60837
would use.	60838

(F) The assets of the program shall be preserved, invested,	60839
and expended solely for the purposes of this chapter and shall not	60840
be loaned or otherwise transferred or used by the state for any	60841
other purpose. This section shall not be construed to prohibit the	60842
investment agents of the ~~authority~~chancellor from investing, by	60843
purchase or otherwise, in bonds, notes, or other obligations of	60844
the state or any agency or instrumentality of the state. Unless	60845
otherwise specified by the ~~authority~~chancellor, assets of the	60846
program shall be expended in the following order of priority:	60847

(1) To make payments on behalf of beneficiaries;

60848

(2) To make refunds upon termination of variable college	60849
savings program contracts;	60850

(3) To pay the ~~authority's~~chancellor's costs of	60851
administering the program;	60852

(4) To pay or cover any other expenditure or disbursement the	60853
~~authority~~chancellor determines necessary or appropriate.	60854

(G) Fees, charges, and other costs imposed or collected by	60855
the ~~authority~~chancellor in connection with the variable college	60856
savings program, including any fees or other payments that the	60857
~~authority~~chancellor requires an investment agent to pay to the	60858
~~authority~~chancellor, shall be credited to either the variable	60859
operating fund or the index operating fund at the discretion of	60860
the ~~authority~~chancellor. These funds are hereby created in the	60861
state treasury. Expenses incurred in the administration of the	60862
variable college savings program, as well as other expenses,	60863
disbursements, or payments the ~~authority~~chancellor considers	60864
appropriate for the benefit of any college savings programs	60865
administered by the ~~authority~~chancellor, the state of Ohio and	60866
its citizens, shall be paid from the variable operating fund or	60867
the index operating fund at the discretion of the ~~authority~~	60868
chancellor.	60869

(H) No records ~~of the authority~~ indicating the identity of	60870
purchasers, contributors, and beneficiaries under the program or	60871
amounts contributed to, earned by, or distributed from program	60872
accounts are public records within the meaning of section 149.43	60873
of the Revised Code.	60874

Sec. 3334.20. (A) As used in this section, "state agency"	60875
means every department, bureau, board, commission, office, or	60876
other organized body established by the constitution or laws of	60877
this state for the exercise of state government.	60878

(B) If a condition arises concerning the investment of funds	60879
received under the variable college savings program and requiring	60880
an interim period for investment of program funds, which condition	60881
is determined pursuant to division (D) of this section, the	60882
chancellor of the Ohio ~~tuition trust authority~~board of regents	60883
shall choose the treasurer of state, a state agency having	60884
investment authority, or an investment agent under contract with	60885
the ~~authority~~chancellor to invest program funds pursuant to the	60886
investment plan established under division (A) of section 3334.19	60887
of the Revised Code. The treasurer of state, state agency, or	60888
investment agent chosen by the ~~authority~~chancellor pursuant to	60889
this division shall be subject to the requirements and conditions	60890
that apply to investment agents specified in section 3334.19 of	60891
the Revised Code.	60892

(C) The ~~authority~~chancellor shall be the trustee of the	60893
program. During the interim period, the ~~authority~~chancellor shall	60894
receive and hold all payments, deposits, and contributions, as	60895
well as gifts, bequests, endowments, and federal, state, or local	60896
grants and any funds from any other source, public or private, and	60897
all earnings, until disbursed to pay tuition or other higher	60898
education expenses or refunds pursuant to college savings plans	60899
contracts. The ~~authority~~chancellor shall keep such funds	60900
segregated from all other assets ~~of the authority~~.	60901

(D) The ~~authority~~chancellor shall adopt rules under section	60902
111.15 of the Revised Code defining the conditions under which an	60903
interim investment period is required and this section applies.	60904
The rules shall include any condition requiring the termination of	60905
the interim period and the authority to contract with alternative	60906
investment agents pursuant to section 3334.19 of the Revised Code	60907
and any other requirements that apply during the interim	60908
investment period.	60909

(E) When the interim period for investment of program funds	60910
terminates, the investment agents selected pursuant to section	60911
3334.19 of the Revised Code for the investment of program funds	60912
shall have the sole authority to invest program funds pursuant to	60913
the investment plan established under division (A) of that section	60914
and shall be subject to that section.	60915

Sec. 3334.21. The variable college savings program may be	60916
terminated by statute or upon the determination of the chancellor	60917
of the Ohio ~~tuition trust authority~~board of regents that the	60918
program is not financially feasible. Upon termination, all	60919
amounts held in program accounts shall be returned to account	60920
owners, to the extent possible, and any unclaimed assets in the	60921
program shall be transferred to the unclaimed funds trust fund and	60922
disposed of in accordance with section 169.05 of the Revised Code.	60923

Sec. 3345.011. "State university" means a public institution	60924
of higher education which is a body politic and corporate. Each of	60925
the following institutions of higher education shall be recognized	60926
as a state university: university of Akron, Bowling Green state	60927
university, Central state university, university of Cincinnati,	60928
Cleveland state university, Kent state university, Miami	60929
university, Ohio university, Ohio state university, Shawnee state	60930
university, university of Toledo, Wright state university, and	60931
Youngstown state university.	60932

"State institution of higher education" means any state	60933
university or college as defined in division (A)(1) of section	60934
3345.12 of the Revised Code, community college, state community	60935
college, university branch established under Chapter 3355. of the	60936
Revised Code, or technical college.	60937

"University system of Ohio" means the collective group of all	60938
of the state institutions of higher education.	60939

"Member of the university system of Ohio" means any	60940
individual state institution of higher education.	60941

Sec. 3345.12. (A) As used in this section and sections	60942
3345.07 and 3345.11 of the Revised Code, in other sections of the	60943
Revised Code that make reference to this section unless the	60944
context does not permit, and in related bond proceedings unless	60945
otherwise expressly provided:	60946

(1) "State university or college" means each of the state	60947
universities identified in section 3345.011 of the Revised Code	60948
and the northeastern Ohio universities college of medicine, and	60949
includes its board of trustees.	60950

(2) "Institution of higher education" or "institution" means	60951
a state university or college, or a community college district,	60952
technical college district, university branch district, or state	60953
community college, and includes the applicable board of trustees	60954
or, in the case of a university branch district, any other	60955
managing authority.	60956

(3) "Housing and dining facilities" means buildings,	60957
structures, and other improvements, and equipment, real estate,	60958
and interests in real estate therefor, to be used for or in	60959
connection with dormitories or other living quarters and	60960
accommodations, or related dining halls or other food service and	60961
preparation facilities, for students, members of the faculty,	60962
officers, or employees of the institution of higher education, and	60963
their spouses and families.	60964

(4) "Auxiliary facilities" means buildings, structures, and	60965
other improvements, and equipment, real estate, and interests in	60966
real estate therefor, to be used for or in connection with student	60967
activity or student service facilities, housing and dining	60968
facilities, dining halls, and other food service and preparation	60969
facilities, vehicular parking facilities, bookstores, athletic and	60970
recreational facilities, faculty centers, auditoriums, assembly	60971
and exhibition halls, hospitals, infirmaries and other medical and	60972
health facilities, research, and continuing education facilities.	60973

(5) "Education facilities" means buildings, structures, and	60974
other improvements, and equipment, real estate, and interests in	60975
real estate therefor, to be used for or in connection with,	60976
classrooms or other instructional facilities, libraries,	60977
administrative and office facilities, and other facilities, other	60978
than auxiliary facilities, to be used directly or indirectly for	60979
or in connection with the conduct of the institution of higher	60980
education.	60981

(6) "Facilities" means housing and dining facilities,	60982
auxiliary facilities, or education facilities, and includes any	60983
one, part of, or any combination of such facilities, and further	60984
includes site improvements, utilities, machinery, furnishings, and	60985
any separate or connected buildings, structures, improvements,	60986
sites, open space and green space areas, utilities or equipment to	60987
be used in, or in connection with the operation or maintenance of,	60988
or supplementing or otherwise related to the services or	60989
facilities to be provided by, such facilities.	60990

(7) "Obligations" means bonds or notes or other evidences of	60991
obligation, including interest coupons pertaining thereto,	60992
authorized to be issued under this section or section 3345.07,	60993
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	60994
Code.	60995

(8) "Bond service charges" means principal, including any	60996
mandatory sinking fund or redemption requirements for the	60997
retirement of obligations or assurances, interest, or interest	60998
equivalent and other accreted amounts, and any call premium	60999
required to be paid on obligations or assurances.	61000

(9) "Bond proceedings" means the resolutions, trust	61001
agreement, indenture, and other agreements and credit enhancement	61002
facilities, and amendments and supplements to the foregoing, or	61003
any one or more or combination thereof, authorizing, awarding, or	61004
providing for the terms and conditions applicable to, or providing	61005
for the security or liquidity of, obligations or assurances, and	61006
the provisions contained in those obligations or assurances.	61007

(10) "Costs of facilities" means the costs of acquiring,	61008
constructing, reconstructing, rehabilitating, remodeling,	61009
renovating, enlarging, improving, equipping, or furnishing	61010
facilities, and the financing thereof, including the cost of	61011
clearance and preparation of the site and of any land to be used	61012
in connection with facilities, the cost of any indemnity and	61013
surety bonds and premiums on insurance, all related direct	61014
administrative expenses and allocable portions of direct costs of	61015
the institution of higher education or state agency, cost of	61016
engineering, architectural services, design, plans, specifications	61017
and surveys, estimates of cost, legal fees, fees and expenses of	61018
trustees, depositories, bond registrars, and paying agents for the	61019
obligations, cost of issuance of the obligations and financing	61020
costs and fees and expenses of financial advisers and consultants	61021
in connection therewith, interest on the obligations from the date	61022
thereof to the time when interest is to be covered by available	61023
receipts or other sources other than proceeds of the obligations,	61024
amounts necessary to establish reserves as required by the bond	61025
proceedings, costs of audits, the reimbursements of all moneys	61026
advanced or applied by or borrowed from the institution or others,	61027
from whatever source provided, including any temporary advances	61028
from state appropriations, for the payment of any item or items of	61029
cost of facilities, and all other expenses necessary or incident	61030
to planning or determining feasibility or practicability with	61031
respect to facilities, and such other expenses as may be necessary	61032
or incident to the acquisition, construction, reconstruction,	61033
rehabilitation, remodeling, renovation, enlargement, improvement,	61034
equipment, and furnishing of facilities, the financing thereof and	61035
the placing of them in use and operation, including any one, part	61036
of, or combination of such classes of costs and expenses.	61037

(11) "Available receipts" means all moneys received by the	61038
institution of higher education, including income, revenues, and	61039
receipts from the operation, ownership, or control of facilities	61040
or entrepreneurial projects, grants, gifts, donations, and pledges	61041
and receipts therefrom, receipts from fees and charges, and the	61042
proceeds of the sale of obligations or assurances, including	61043
proceeds of obligations or assurances issued to refund obligations	61044
or assurances previously issued, but excluding any special fee,	61045
and receipts therefrom, charged pursuant to division (D) of	61046
section 154.21 of the Revised Code.	61047

(12) "Credit enhancement facilities" has the meaning given in	61048
division (H) of section 133.01 of the Revised Code.	61049

(13) "Financing costs" has the meaning given in division (K)	61050
of section 133.01 of the Revised Code.	61051

(14) "Interest" or "interest equivalent" has the meaning	61052
given in division (R) of section 133.01 of the Revised Code.	61053

(15) "Assurances" means bonds, notes, or other evidence of	61054
indebtedness, including interest coupons pertaining thereto,	61055
authorized to be issued under section 3345.36 of the Revised Code.	61056

(16) "Entrepreneurial project" has the same meaning as in	61057
section 3345.36 of the Revised Code.	61058

(17) "Costs of entrepreneurial projects" means any costs	61059
related to the establishment or development of entrepreneurial	61060
projects pursuant to a resolution adopted under section 3345.36 of	61061
the Revised Code.	61062

(B) Obligations issued under section 3345.07 or 3345.11 of	61063
the Revised Code by a state university or college shall be	61064
authorized by resolution of its board of trustees. Obligations	61065
issued by any other institution of higher education shall be	61066
authorized by resolution of its board of trustees, or managing	61067
directors in the case of certain university branch districts, as	61068
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	61069
apply to obligations and assurances. Obligations and assurances	61070
may be issued to pay costs of facilities or entrepreneurial	61071
projects even if the institution anticipates the possibility of a	61072
future state appropriation to pay all or a portion of such costs.	61073

(C) Obligations and assurances shall be secured by a pledge	61074
of and lien on all or such part of the available receipts of the	61075
institution of higher education as it provides for in the bond	61076
proceedings, excluding moneys raised by taxation and state	61077
appropriations except as permitted by section 3333.90 of the	61078
Revised Code. Such pledge and lien may be made prior to all other	61079
expenses, claims, or payments, excepting any pledge of such	61080
available receipts previously made to the contrary and except as	61081
provided by any existing restrictions on the use thereof, or such	61082
pledge and lien may be made subordinate to such other expenses,	61083
claims, or payments, as provided in the bond proceedings.	61084
Obligations or assurances may be additionally secured by covenants	61085
of the institution to make, fix, adjust, collect, and apply such	61086
charges, rates, fees, rentals, and other items of available	61087
receipts as will produce pledged available receipts sufficient to	61088
meet bond service charges, reserve, and other requirements	61089
provided for in the bond proceedings. Notwithstanding this and	61090
any other sections of the Revised Code, the holders or owners of	61091
the obligations or assurances shall not be given the right and	61092
shall have no right to have excises or taxes levied by the	61093
general assembly for the payment of bond service charges thereon,	61094
and each such obligation or assurance shall bear on its face a	61095
statement to that effect and to the effect that the right to such	61096
payment is limited to the available receipts and special funds	61097
pledged to such purpose under the bond proceedings.	61098

All pledged available receipts and funds and the proceeds of	61099
obligations or assurances are trust funds and, subject to the	61100
provisions of this section and the applicable bond proceedings,	61101
shall be held, deposited, invested, reinvested, disbursed,	61102
applied, and used to such extent, in such manner, at such times,	61103
and for such purposes, as are provided in the bond proceedings.	61104

(D) The bond proceedings for obligations or assurances shall	61105
provide for the purpose thereof and the principal amount or	61106
maximum principal amount, and provide for or authorize the manner	61107
of determining the principal maturity or maturities, the sale	61108
price including any permitted discount, the interest rate or	61109
rates, which may be a variable rate or rates, or the maximum	61110
interest rate, the date of the obligations or assurances and the	61111
date or dates of payment of interest thereon, their	61112
denominations, the manner of sale thereof, and the establishment	61113
within or without the state of a place or places of payment of	61114
bond service charges. The bond proceedings also shall provide for	61115
a pledge of and lien on available receipts of the institution of	61116
higher education as provided in division (C) of this section, and	61117
a pledge of and lien on such fund or funds provided in the bond	61118
proceedings arising from available receipts, which pledges and	61119
liens may provide for parity with obligations or assurances	61120
theretofore or thereafter issued by the institution. The available	61121
receipts so pledged and thereafter received by the institution and	61122
the funds so pledged are immediately subject to the lien of such	61123
pledge without any physical delivery thereof or further act, and	61124
the lien of any such pledge is valid and binding against all	61125
parties having claims of any kind against the institution,	61126
irrespective of whether such parties have notice thereof, and	61127
shall create a perfected security interest for all purposes of	61128
Chapter 1309. of the Revised Code, without the necessity for	61129
separation or delivery of funds or for the filing or recording of	61130
the bond proceedings by which such pledge is created or any	61131
certificate, statement, or other document with respect thereto;	61132
and the pledge of such available receipts and funds shall be	61133
effective and the money therefrom and thereof may be applied to	61134
the purposes for which pledged without necessity for any act of	61135
appropriation.	61136

(E) The bond proceedings may contain additional provisions	61137
customary or appropriate to the financing or to the obligations or	61138
assurances or to particular obligations and assurances,	61139
including:	61140

(1) The acquisition, construction, reconstruction, equipment,	61141
furnishing, improvement, operation, alteration, enlargement,	61142
maintenance, insurance, and repair of facilities or	61143
entrepreneurial projects, and the duties of the institution of	61144
higher education with reference thereto;	61145

(2) The terms of the obligations or assurances, including	61146
provisions for their redemption prior to maturity at the option of	61147
the institution of higher education at such price or prices and	61148
under such terms and conditions as are provided in the bond	61149
proceedings;	61150

(3) Limitations on the purposes to which the proceeds of the	61151
obligations or assurances may be applied;	61152

(4) The rates or rentals or other charges for the use of or	61153
right to use the facilities or entrepreneurial projects financed	61154
by the obligations or assurances, or other properties the	61155
revenues or receipts from which are pledged to the obligations or	61156
assurances, and rules for assuring any applicable use and	61157
occupancy thereof, including limitations upon the right to modify	61158
such rates, rentals, other charges, or regulations;	61159

(5) The use and expenditure of the pledged available receipts	61160
in such manner and to such extent as shall be determined, which	61161
may include provision for the payment of the expenses of	61162
operation, maintenance, and repair of facilities or	61163
entrepreneurial projects so that such expenses, or part thereof,	61164
shall be paid or provided as a charge prior or subsequent to the	61165
payment of bond service charges and any other payments required	61166
to be made by the bond proceedings;	61167

(6) Limitations on the issuance of additional obligations or	61168
assurances;	61169

(7) The terms of any trust agreement or indenture securing	61170
the obligations or assurances or under which the same may be	61171
issued;	61172

(8) The deposit, investment, and application of funds, and	61173
the safeguarding of funds on hand or on deposit without regard to	61174
Chapter 131. or 135. of the Revised Code, and any bank or trust	61175
company or other financial institution that acts as depository of	61176
any moneys under the bond proceedings shall furnish such	61177
indemnifying bonds or pledge such securities as required by the	61178
bond proceedings or otherwise by the institution of higher	61179
education;	61180

(9) The binding effect of any or every provision of the bond	61181
proceedings upon such officer, board, commission, authority,	61182
agency, department, or other person or body as may from time to	61183
time have the authority under law to take such actions as may be	61184
necessary to perform all or any part of the duty required by such	61185
provision;	61186

(10) Any provision that may be made in a trust agreement or	61187
indenture;	61188

(11) Any other or additional agreements with respect to the	61189
facilities of the institution of higher education or its	61190
entrepreneurial projects, their operation, the available receipts	61191
and funds pledged, and insurance of facilities or entrepreneurial	61192
projects and of the institution, its officers and employees.	61193

(F) Such obligations or assurances may have the seal of the	61194
institution of higher education or a facsimile thereof affixed	61195
thereto or printed thereon and shall be executed by such officers	61196
as are designated in the bond proceedings, which execution may be	61197
by facsimile signatures. Any obligations or assurances may be	61198
executed by an officer who, on the date of execution, is the	61199
proper officer although on the date of such obligations or	61200
assurances such person was not the proper officer. In case any	61201
officer whose signature or a facsimile of whose signature appears	61202
on any such obligation or assurance ceases to be such officer	61203
before delivery thereof, such signature or facsimile is	61204
nevertheless valid and sufficient for all purposes as if the	61205
person had remained such officer until such delivery; and in case	61206
the seal of the institution has been changed after a facsimile of	61207
the seal has been imprinted on such obligations or assurances,	61208
such facsimile seal continues to be sufficient as to such	61209
obligations or assurances and obligations or assurances issued in	61210
substitution or exchange therefor.	61211

(G) All such obligations or assurances are negotiable	61212
instruments and securities under Chapter 1308. of the Revised	61213
Code, subject to the provisions of the bond proceedings as to	61214
registration. The obligations or assurances may be issued in	61215
coupon or in registered form, or both. Provision may be made for	61216
the registration of any obligations or assurances with coupons	61217
attached thereto as to principal alone or as to both principal	61218
and interest, their exchange for obligations or assurances so	61219
registered, and for the conversion or reconversion into	61220
obligations or assurances with coupons attached thereto of any	61221
obligations or assurances registered as to both principal and	61222
interest, and for reasonable charges for such registration,	61223
exchange, conversion, and reconversion.	61224

(H) Pending preparation of definitive obligations or	61225
assurances, the institution of higher education may issue interim	61226
receipts or certificates which shall be exchanged for such	61227
definitive obligations or assurances.	61228

(I) Such obligations or assurances may be secured	61229
additionally by a trust agreement or indenture between the	61230
institution of higher education and a corporate trustee, which may	61231
be any trust company or bank having the powers of a trust company	61232
within or without this state but authorized to exercise trust	61233
powers within this state. Any such agreement or indenture may	61234
contain the resolution authorizing the issuance of the	61235
obligations or assurances, any provisions that may be contained	61236
in the bond proceedings as authorized by this section, and other	61237
provisions which are customary or appropriate in an agreement or	61238
indenture of such type, including:	61239

(1) Maintenance of each pledge, trust agreement, and	61240
indenture, or other instrument comprising part of the bond	61241
proceedings until the institution of higher education has fully	61242
paid the bond service charges on the obligations or assurances	61243
secured thereby, or provision therefor has been made;	61244

(2) In the event of default in any payments required to be	61245
made by the bond proceedings, or any other agreement of the	61246
institution of higher education made as a part of the contract	61247
under which the obligations or assurances were issued, enforcement	61248
of such payments or agreement by mandamus, the appointment of a	61249
receiver, suit in equity, action at law, or any combination of	61250
the foregoing;	61251

(3) The rights and remedies of the holders of obligations or	61252
assurances and of the trustee, and provisions for protecting and	61253
enforcing them, including limitations on rights of individual	61254
holders of obligations or assurances;	61255

(4) The replacement of any obligations or assurances that	61256
become mutilated or are destroyed, lost, or stolen;	61257

(5) Such other provisions as the trustee and the institution	61258
of higher education agree upon, including limitations, conditions,	61259
or qualifications relating to any of the foregoing.	61260

(J) Each duty of the institution of higher education and its	61261
officers or employees, undertaken pursuant to the bond proceedings	61262
or any related agreement or lease made under authority of law, is	61263
hereby established as a duty of such institution, and of each such	61264
officer or employee having authority to perform such duty,	61265
specially enjoined by law resulting from an office, trust, or	61266
station within the meaning of section 2731.01 of the Revised Code.	61267
The persons who are at the time the members of the board of	61268
trustees or the managing directors of the institution or its	61269
officers or employees are not liable in their personal capacities	61270
on such obligations or assurances, or lease, or other agreement of	61271
the institution.	61272

(K) The authority to issue obligations or assurances includes	61273
authority to:	61274

(1) Issue obligations or assurances in the form of bond	61275
anticipation notes and to renew them from time to time by the	61276
issuance of new notes. Such notes are payable solely from the	61277
available receipts and funds that may be pledged to the payment of	61278
such bonds, or from the proceeds of such bonds or renewal notes,	61279
or both, as the institution of higher education provides in its	61280
resolution authorizing such notes. Such notes may be additionally	61281
secured by covenants of the institution to the effect that it	61282
will do such or all things necessary for the issuance of such	61283
bonds or renewal notes in appropriate amount, and either exchange	61284
such bonds or renewal notes therefor or apply the proceeds	61285
thereof to the extent necessary, to make full payment of the bond	61286
service charges on such notes at the time or times contemplated,	61287
as provided in such resolution. Subject to the provisions of this	61288
division, all references to obligations or assurances in this	61289
section apply to such anticipation notes.	61290

(2) Issue obligations or assurances to refund, including	61291
funding and retirement of, obligations or assurances previously	61292
issued to pay costs of facilities or entrepreneurial projects.	61293
Such obligations or assurances may be issued in amounts sufficient	61294
for payment of the principal amount of the obligations or	61295
assurances to be so refunded, any redemption premiums thereon,	61296
principal maturities of any obligations or assurances maturing	61297
prior to the redemption of any other obligations or assurances on	61298
a parity therewith to be so refunded, interest accrued or to	61299
accrue to the maturity date or dates of redemption of such	61300
obligations or assurances, and any expenses incurred or to be	61301
incurred in connection with such refunding or the issuance of the	61302
obligations or assurances.	61303

(L) Obligations and assurances are lawful investments for	61304
banks, societies for savings, savings and loan associations,	61305
deposit guarantee associations, trust companies, trustees,	61306
fiduciaries, insurance companies, including domestic for life and	61307
domestic not for life, trustees or other officers having charge	61308
of sinking and bond retirement or other special funds of	61309
political subdivisions and taxing districts of this state, the	61310
commissioners of the sinking fund, the administrator of workers'	61311
compensation in accordance with the investment policy approved by	61312
the bureau of workers' compensation board of directors pursuant	61313
to section 4121.12 of the Revised Code, the state teachers	61314
retirement system, the public employees retirement system, the	61315
school employees retirement system, and the Ohio police and fire	61316
pension fund, notwithstanding any other provisions of the Revised	61317
Code or rules adopted pursuant thereto by any state agency with	61318
respect to investments by them, and are also acceptable as	61319
security for the deposit of public moneys.	61320

(M) All facilities or entrepreneurial projects purchased,	61321
acquired, constructed, or owned by an institution of higher	61322
education, or financed in whole or in part by obligations or	61323
assurances issued by an institution, and used for the purposes of	61324
the institution or other publicly owned and controlled college or	61325
university, is public property used exclusively for a public	61326
purpose, and such property and the income therefrom is exempt	61327
from all taxation and assessment within this state, including ad	61328
valorem and excise taxes. The obligations or assurances, the	61329
transfer thereof, and the income therefrom, including any profit	61330
made on the sale thereof, are at all times free from taxation	61331
within the state. The transfer of tangible personal property by	61332
lease under authority of this section or section 3345.07, 3345.11,	61333
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	61334
Code is not a sale as used in Chapter 5739. of the Revised Code.	61335

(N) The authority granted by this section is cumulative with	61336
the authority granted to institutions of higher education under	61337
Chapter 154. of the Revised Code, and nothing in this section	61338
impairs or limits the authority granted by Chapter 154. of the	61339
Revised Code. In any lease, agreement, or commitment made by an	61340
institution of higher education under Chapter 154. of the Revised	61341
Code, it may agree to restrict or subordinate any pledge it may	61342
thereafter make under authority of this section.	61343

(O) Title to lands acquired under this section and sections	61344
3345.07 and 3345.11 of the Revised Code by a state university or	61345
college shall be taken in the name of the state.	61346

(P) Except where costs of facilities or entrepreneurial	61347
projects are to be paid in whole or in part from funds	61348
appropriated by the general assembly, section 125.81 of the	61349
Revised Code and the requirement for certification with respect	61350
thereto under section 153.04 of the Revised Code do not apply to	61351
such facilities or entrepreneurial projects.	61352

(Q) A state university or college may sell or lease lands or	61353
interests in land owned by it or by the state for its use, or	61354
facilities authorized to be acquired or constructed by it under	61355
section 3345.07 or 3345.11 of the Revised Code, to permit the	61356
purchasers or lessees thereof to acquire, construct, equip,	61357
furnish, reconstruct, alter, enlarge, remodel, renovate,	61358
rehabilitate, improve, maintain, repair, or maintain and operate	61359
thereon and to provide by lease or otherwise to such institution,	61360
facilities authorized in section 3345.07 or 3345.11 of the Revised	61361
Code or entrepreneurial projects authorized under section 3345.36	61362
of the Revised Code. Such land or interests therein shall be sold	61363
for such appraised value, or leased, and on such terms as the	61364
board of trustees determines. All deeds or other instruments	61365
relating to such sales or leases shall be executed by such	61366
officer of the state university or college as the board of	61367
trustees designates. The state university or college shall hold,	61368
invest, or use the proceeds of such sales or leases for the same	61369
purposes for which proceeds of borrowings may be used under	61370
sections 3345.07 and 3345.11 of the Revised Code or, if the	61371
proceeds relate to the sale or lease of entrepreneurial projects,	61372
for purposes of section 3345.36 of the Revised Code.	61373

(R) An institution of higher education may pledge available	61374
receipts, to the extent permitted by division (C) of this section	61375
with respect to obligations, to secure the payments to be made by	61376
it under any lease, lease with option to purchase, or	61377
lease-purchase agreement authorized under this section or section	61378
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	61379
3358.10 of the Revised Code.	61380

Sec. 3345.32. (A) As used in this section:

61381

(1) "State university or college" means the institutions	61382
described in section 3345.27 of the Revised Code and the	61383
northeastern Ohio universities college of medicine.	61384

(2) "Resident" has the meaning specified by rule of the	61385
chancellor of the Ohio board of regents.	61386

(3) "Statement of selective service status" means a statement	61387
certifying one of the following:	61388

(a) That the individual filing the statement has registered	61389
with the selective service system in accordance with the "Military	61390
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	61391
amended;	61392

(b) That the individual filing the statement is not required	61393
to register with the selective service for one of the following	61394
reasons:	61395

(i) The individual is under eighteen or over twenty-six years	61396
of age.	61397

(ii) The individual is on active duty with the armed forces	61398
of the United States other than for training in a reserve or	61399
national guard unit.	61400

(iii) The individual is a nonimmigrant alien lawfully in the	61401
United States in accordance with section 101 (a)(15) of the	61402
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.	61403

(iv) The individual is not a citizen of the United States and	61404
is a permanent resident of the Trust Territory of the Pacific	61405
Islands or the Northern Mariana Islands.	61406

(4) "Institution of higher education" means any eligible	61407
institution approved by the United States department of education	61408
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	61409
amended, or any institution whose students are eligible for	61410
financial assistance under any of the programs described by	61411
division (E) of this section.	61412

(B) The chancellor shall, by rule, specify the form of	61413
statements of selective service status to be filed in compliance	61414
with divisions (C) to (F) of this section. Each statement of	61415
selective service status shall contain a section wherein a male	61416
student born after December 31, 1959, certifies that the student	61417
has registered with the selective service system in accordance	61418
with the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C.	61419
App. 453, as amended. For those students not required to register	61420
with the selective service, as specified in divisions	61421
(A)(2)(b)(i) to (iv) of this section, a section shall be provided	61422
on the statement of selective service status for the	61423
certification of nonregistration and for an explanation of the	61424
reason for the exemption. The chancellor may require that such	61425
statements be accompanied by documentation specified by rule of	61426
the chancellor.	61427

(C) A state university or college that enrolls in any course,	61428
class, or program a male student born after December 31, 1959, who	61429
has not filed a statement of selective service status with the	61430
university or college shall, regardless of the student's	61431
residency, charge the student any tuition surcharge charged	61432
students who are not residents of this state.	61433

(D) No male born after December 31, 1959, shall be eligible	61434
to receive any loan, grant, scholarship, or other financial	61435
assistance for educational expenses granted under section 3315.33,	61436
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, ~~3333.27,~~3333.391,	61437
5910.03, 5910.032, or 5919.34 of the Revised Code, financed by an	61438
award under the choose Ohio first scholarship program established	61439
under section 3333.61 of the Revised Code, or financed by an	61440
award under the Ohio co-op/internship program established under	61441
section 3333.72 of the Revised Code, unless that person has	61442
filed a statement of selective service status with that person's	61443
institution of higher education.	61444

(E) If an institution of higher education receives a	61445
statement from an individual certifying that the individual has	61446
registered with the selective service system in accordance with	61447
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	61448
453, as amended or that the individual is exempt from registration	61449
for a reason other than that the individual is under eighteen	61450
years of age, the institution shall not require the individual to	61451
file any further statements. If it receives a statement certifying	61452
that the individual is not required to register because the	61453
individual is under eighteen years of age, the institution shall	61454
require the individual to file a new statement of selective	61455
service status each time the individual seeks to enroll for a new	61456
academic term or makes application for a new loan or loan	61457
guarantee or for any form of financial assistance for educational	61458
expenses, until it receives a statement certifying that the	61459
individual has registered with the selective service system or is	61460
exempt from registration for a reason other than that the	61461
individual is under eighteen years of age.	61462

Sec. 3345.36. (A) For purposes of this section:

61463

(1) "Entrepreneurial project" means an effort to develop or	61464
commercialize technology through research or technology transfer	61465
or investment of real or personal property, or both, including	61466
undivided and other interests therein, acquired by gift or	61467
purchase, constructed, reconstructed, enlarged, improved,	61468
furnished, or equipped, or any combination thereof, by an	61469
institution of higher education or by others.	61470

(2) "Governmental agency" has the same meaning as in section	61471
166.01 of the Revised Code.	61472

(3) "Person" means individuals or entities engaged in	61473
industry, commerce, distribution, or research.	61474

(4) "Institution of higher education" has the same meaning as	61475
in section 3345.12 of the Revised Code.	61476

(5) "Stock or other ownership" means equity or other	61477
ownership rights held or received in return for the grant of	61478
rights to intellectual property developed by an institution of	61479
higher education. "Stock or other ownership" excludes equity or	61480
other ownership rights held or received in return for the	61481
investment of money.	61482

(B) To create or preserve jobs and employment opportunities	61483
and to improve the economic welfare of the people of the state	61484
pursuant to Section 13 of Article VIII, Ohio Constitution, it is	61485
hereby declared to be the public policy of the state for	61486
institutions of higher education to facilitate and assist with	61487
establishing and developing entrepreneurial projects or to assist	61488
and cooperate with any governmental agency in achieving such	61489
purpose. An entrepreneurial project is hereby determined to	61490
qualify as property, structures, equipment, and facilities	61491
described in Section 13 of Article VIII, Ohio Constitution.	61492

In furtherance of such public policy, and pursuant to Section	61493
13 of Article VIII, Ohio Constitution, a board of trustees of an	61494
institution of higher education may do any of the following by	61495
resolution:	61496

(1) Enter into an agreement with persons and with	61497
governmental agencies to induce such persons to acquire,	61498
construct, reconstruct, rehabilitate, renovate, enlarge, improve,	61499
equip, furnish, or otherwise develop entrepreneurial projects;	61500

(2) Acquire stock or other ownership in an entrepreneurial	61501
project or a legal entity formed in connection with an	61502
entrepreneurial project;	61503

(3) Make or guarantee loans and borrow money and issue bonds,	61504
notes, or other evidence of indebtedness to provide moneys for the	61505
acquisition, construction, enlargement, improvement, equipment,	61506
maintenance, repair, or operation of entrepreneurial projects,	61507
provided that such bonds, notes, or other evidence of indebtedness	61508
shall not constitute debt for which the full faith and credit of	61509
the state or an instrumentality or political subdivision of the	61510
state may be pledged and moneys raised by taxation shall not be	61511
obligated or pledged for their repayment.	61512

Sec. 3345.61. As used in this section and sections 3345.62	61513
to 3345.66 of the Revised Code:	61514

(A) "Avoided capital costs" means a measured reduction in the	61515
cost of future equipment or other capital purchases that results	61516
from implementation of one or more energy or water conservation	61517
measures, when compared to an established baseline for previous	61518
such cost.	61519

(B) "Board of trustees of a state institution of higher	61520
education" means the board of trustees of a state institution of	61521
higher education as defined in section 3345.011 of the Revised	61522
Code.	61523

~~(B)~~(C) "Energy conservation measure" means an installation	61524
or modification of an installation in, or a remodeling of, an	61525
existing building in order to reduce energy consumption ~~and~~	61526
~~operating costs~~. The term includes any of the following:	61527

(1) Installation or modification of insulation in the	61528
building structure and systems within the building;	61529

(2) Installation or modification of a storm ~~windows and doors~~	61530
window or door, a multiglazed ~~windows and doors~~window or door,	61531
~~and~~ or a heat absorbing or heat reflective glazed and coated	61532
window and door ~~systems~~system; installation of additional	61533
glazing; ~~reductions~~a reduction in glass area; ~~and~~or other window	61534
~~and~~or door system ~~modifications~~modification that ~~reduce~~reduces	61535
energy consumption and operating costs;	61536

(3) Installation or modification of an automatic energy	61537
control ~~systems~~system;	61538

(4) Replacement or modification of a heating, ventilating, or	61539
air conditioning ~~systems~~system;	61540

(5) Application of caulking and weatherstripping;

61541

(6) Replacement or modification of a lighting ~~fixtures~~	61542
fixture to increase the energy efficiency of the system without	61543
increasing the overall illumination of a facility, unless such	61544
increase in illumination is necessary to conform to the applicable	61545
state or local building code for the proposed lighting system;	61546

(7) Installation or modification of an energy recovery	61547
~~systems~~system;	61548

(8) Installation or modification of cogeneration systems that	61549
produce steam or forms of energy such as heat, as well as	61550
electricity, for use primarily within a building or complex of	61551
buildings;	61552

(9) Any other modification, installation, or remodeling	61553
approved by the board of trustees of a state institution of higher	61554
education as an energy conservation measure for one or more	61555
buildings owned by the institution.	61556

~~(C)~~(D) "Energy saving measure" means the acquisition and	61557
installation, by purchase, lease, lease-purchase, lease with an	61558
option to buy, or installment purchase, of an energy conservation	61559
measure and any attendant architectural and engineering consulting	61560
services.	61561

(E) "Energy, water, or wastewater cost savings" means a	61562
measured reduction in, as applicable, the cost of fuel, energy or	61563
water consumption, wastewater production, or stipulated operation	61564
or maintenance resulting from the implementation of one or more	61565
energy or water conservation measures, when compared to an	61566
established baseline for previous such costs, respectively.	61567

(F) "Operating cost savings" means a measured reduction in	61568
the cost of stipulated operation or maintenance created by the	61569
installation of new equipment or implementation of a new service,	61570
when compared with an established baseline for previous such	61571
stipulated costs.	61572

(G) "Water conservation measure" means an installation or	61573
modification of an installation in, or a remodeling of, an	61574
existing building or the surrounding grounds in order to reduce	61575
water consumption. The term includes any of the following:	61576

(1) Water-conserving fixture, appliance, or equipment, or the	61577
substitution of a nonwater-using fixture, appliance, or equipment;	61578

(2) Water-conserving, landscape irrigation equipment;

61579

(3) Landscaping measure that reduces storm water runoff	61580
demand and capture and hold applied water and rainfall, including	61581
landscape contouring such as the use of a berm, swale, or terrace	61582
and including the use of a soil amendment, including compost, that	61583
increases the water-holding capacity of the soil;	61584

(4) Rainwater harvesting equipment or equipment to make use	61585
of water collected as part of a storm water system installed for	61586
water quality control;	61587

(5) Equipment for recycling or reuse of water originating on	61588
the premises or from another source, including treated, municipal	61589
effluent;	61590

(6) Equipment needed to capture water for nonpotable uses	61591
from any nonconventional, alternate source, including air	61592
conditioning condensate or gray water;	61593

(7) Any other modification, installation, or remodeling	61594
approved by the board of trustees of a state institution of higher	61595
education, as defined in section 3345.011 of the Revised Code, as	61596
a water conservation measure for one or more buildings or the	61597
surrounding grounds owned by the institution.	61598

(H) "Water saving measure" means the acquisition and	61599
installation, by the purchase, lease, lease-purchase, lease with	61600
an option to buy, or installment purchases of a water conservation	61601
measure and any attendant architectural and engineering consulting	61602
services.	61603

Sec. 3345.62. The board of trustees of a state institution	61604
of higher education may contract with an energy or water services	61605
company, architect, professional engineer, contractor, or other	61606
person experienced in the design and implementation of energy or	61607
water conservation measures for a report containing an analysis	61608
and recommendations pertaining to the implementation of energy or	61609
water conservation measures that would ~~significantly reduce~~result	61610
in energy ~~consumption and~~, water, or wastewater cost savings,	61611
operating ~~costs in buildings owned by~~cost savings, or avoided	61612
capital costs for the institution. The report shall include	61613
estimates of all costs of such installations, including the costs	61614
of design, engineering, installation, maintenance, repairs, and	61615
debt service, and estimates of the ~~amounts by which~~ energy	61616
~~consumption and~~, water, or wastewater cost savings, operating	61617
~~costs would be reduced~~cost savings, and avoided capital costs	61618
created.	61619

Sec. 3345.63. If the board of trustees of a state	61620
institution of higher education wishes to enter into a contract,	61621
other than an installment payment contract provided under section	61622
3345.64 of the Revised Code, to implement one or more energy or	61623
water saving measures, the board may proceed under the applicable	61624
competitive bidding requirements in Chapter 153. or section	61625
3354.16, 3355.12, 3357.16, or 3358.10 of the Revised Code or,	61626
notwithstanding those requirements, may enter into such a contract	61627
as provided in section 3345.65 of the Revised Code.	61628

Sec. 3345.64. In accordance with this section, the board of	61629
trustees of a state institution of higher education may enter into	61630
an installment payment contract for the implementation of one or	61631
more energy or water saving measures. Any such contract shall be	61632
subject to the competitive bidding requirements of Chapter 153. or	61633
section 3354.16, 3355.12, 3357.16, or 3358.10 of the Revised Code,	61634
as applicable to each such board, except as follows:	61635

(A) If the board does not exempt the entire installment	61636
payment contract from the applicable competitive bidding	61637
requirements pursuant to division (B) of this section, the	61638
provisions of the contract dealing with interest charges and	61639
financing terms shall not be subject to the applicable competitive	61640
bidding requirements. Each such contract shall require repayment	61641
on the following terms:	61642

(1) Not less than one-~~tenth~~fifteenth of the costs of the	61643
contract shall be paid within two years from the date of purchase;	61644

(2)~~(a)~~ The remaining balance of the costs of the contract~~, in~~	61645
~~the case of an installment payment contract for a cogeneration~~	61646
~~system described in division (B)(8) of section 3345.61 of the~~	61647
~~Revised Code,~~ shall be paid within ~~five~~fifteen years from the	61648
date of purchase;	61649

~~(b) The remaining balance of the costs of the contract, in~~	61650
~~the case of an installment payment contract for an energy saving~~	61651
~~measure that is not a cogeneration system, shall be paid within~~	61652
~~ten years from the date of purchase~~.	61653

(B) The board by majority vote may exempt from the applicable	61654
competitive bidding requirements an entire installment payment	61655
contract for the implementation of energy or water saving measures	61656
pursuant to this section and instead of those requirements shall	61657
enter into the contract as provided in section 3345.65 of the	61658
Revised Code.	61659

Sec. 3345.65. To enter into a contract under this section	61660
pursuant to section 3345.63 or division (B) of section 3345.64 of	61661
the Revised Code, a board of trustees of a state institution of	61662
higher education shall request proposals from at least three	61663
parties for the implementation of energy or water saving measures.	61664
Prior to providing any interested party a copy of any such	61665
request, the board shall advertise, in a newspaper of general	61666
circulation in the county where the contract is to be performed,	61667
its intent to request proposals for the implementation of energy	61668
or water saving measures. The notice shall invite interested	61669
parties to submit proposals for consideration and shall be	61670
published at least thirty days prior to the date for accepting	61671
proposals.	61672

Upon receiving the proposals, the board shall analyze them.	61673
After considering the cost estimates of each proposal, how	61674
qualified each party submitting a proposal is to implement its	61675
proposal, and the institution's ability to pay for each with	61676
current revenues or by financing the cost of each, the board may	61677
select one or more proposals or, instead, reject all proposals. In	61678
selecting proposals, the board shall select the proposal or	61679
proposals most likely to result in the greatest savings when the	61680
cost of the proposal is compared to the ~~reduced~~ energy ~~and~~, water,	61681
or wastewater cost savings, operating cost savings, and avoided	61682
capital costs that will result from implementing the proposal.	61683

No board shall award a contract to implement energy or water	61684
saving measures under this section unless the board finds that ~~one~~	61685
~~or both of the following circumstances exists, as applicable:~~	61686

~~(A) In the case of a contract for a cogeneration system~~	61687
~~described in division (B)(8) of section 3345.61 of the Revised~~	61688
~~Code,~~ the cost of the contract is not likely to exceed the amount	61689
of ~~money the board would save in~~ energy ~~and~~, water, or wastewater	61690
savings, operating cost savings, and avoided capital costs over no	61691
more than ~~five~~fifteen years;	61692

~~(B) In the case of any contract for any energy saving measure~~	61693
~~other than a cogeneration system, the cost of the contract is not~~	61694
~~likely to exceed the amount of money the board would save in~~	61695
~~energy and operating costs over no more than ten years~~.	61696

Sec. 3345.66. The board of trustees of a state institution	61697
of higher education may issue notes of the institution signed by	61698
the ~~chairman~~chairperson and treasurer or other chief fiscal	61699
officer of the board and specifying the terms of the purchase and	61700
securing the payments provided in section 3345.64 of the Revised	61701
Code, payable at the times provided and bearing interest at a rate	61702
not exceeding a rate determined under section 9.95 of the Revised	61703
Code. The notes may contain an option for prepayment and are not	61704
subject to Chapter 133. of the Revised Code. Revenues derived from	61705
any source, other than money appropriated by the general assembly,	61706
that may be used for the purpose of ~~conserving~~implementing energy	61707
or water saving measures or for defraying the current operating	61708
expenses of the institution may be pledged to the payment of	61709
interest and the retirement of such notes. The notes may be sold	61710
at private sale or given to the contractor under the installment	61711
payment contract authorized by section 3345.64 of the Revised	61712
Code.	61713

Sec. 3349.242. Any agreement authorized by section 3349.241	61714
of the Revised Code may provide for the amounts of such	61715
participation by such school district or districts in the	61716
development, maintenance, and operation of such municipal	61717
university, but no funds granted to school districts under Chapter	61718
3306. or 3317. of the Revised Code shall be used for such	61719
purposes. By the terms of any such agreement the school district	61720
or districts and their residents shall be entitled to the	61721
educational advantages of said municipal university at the same	61722
rate of tuition, fees, and other charges as are provided for the	61723
residents of the municipal corporation in which such municipal	61724
university is situated.	61725

Sec. 3353.09. (A) Not later than January 1, 2010, the eTech	61726
Ohio commission shall develop and implement a state technology	61727
plan to create an aligned educational technology system that spans	61728
preschool to postsecondary education and complies with federal	61729
mandates. The commission periodically shall modify the plan as it	61730
determines necessary.	61731

(B) Upon request of the commission, the state board of	61732
education shall assist in the commission's development and	61733
modification of the state technology plan.	61734

Sec. 3353.20. (A) The eTech Ohio commission shall develop	61735
and implement an interactive distance learning pilot project to	61736
provide, beginning with the 2009-2010 school year, access to at	61737
least three interactive distance learning courses in each school	61738
year free of charge for all high schools operated by school	61739
districts. The courses offered shall include two advanced	61740
placement courses and one foreign language course.	61741

The commission shall do all of the following:

61742

(1) Contract for the development and offering of interactive	61743
distance learning courses;	61744

(2) Produce and broadcast the courses offered by the pilot	61745
project;	61746

(3) Provide the funds for schools to purchase video	61747
conferencing telecommunications equipment and connectivity	61748
devices, if necessary, so that the schools may participate in the	61749
pilot project;	61750

(4) Assist schools in arranging for the purchase and	61751
installation of telecommunications equipment and connectivity	61752
devices, if necessary, so that the schools may participate in the	61753
pilot project;	61754

(5) Pay, for up to one school year, the cost of upgrading	61755
internet service for schools that currently have a connection not	61756
faster than 1.544 megabits per second;	61757

(6) Offer training in the use of the telecommunications	61758
equipment necessary to participate in the pilot project;	61759

(7) Administer and oversee the operation of the pilot	61760
project.	61761

(B) The department of education, in consultation with the	61762
chancellor of the Ohio board of regents, shall select courses to	61763
be offered by the pilot project and shall develop the standards	61764
for the curriculum of each course selected.	61765

(C) The commission and the department jointly, and in	61766
consultation with the chancellor, shall select the teachers to	61767
develop and teach the courses offered by the pilot project.	61768

(D) The commission, the department, and the chancellor	61769
jointly shall notify schools of and promote participation in the	61770
pilot project.	61771

(E) Each high school shall determine the manner in which and	61772
facilities at which students may participate in courses consistent	61773
with specifications for technology and connectivity required by	61774
the commission.	61775

(F) The grade for a student enrolled in a course offered	61776
through the pilot project shall be assigned by the course teacher	61777
and shall be transmitted to the student's high school.	61778

(G) Not later than December 31, 2010, the superintendent of	61779
public instruction, the chancellor, and the commission shall	61780
submit to the governor and the general assembly, in accordance	61781
with section 101.68 of the Revised Code, a formative evaluation of	61782
the implementation and results of and legislative recommendations	61783
for changes in the pilot project.	61784

Sec. 3354.24. (A) The provisions of this section prevail	61785
over conflicting provisions of this chapter; however, except as	61786
otherwise provided in this section, the eastern gateway community	61787
college district and its board of trustees shall comply with the	61788
provisions of this chapter.	61789

(B) The territory of Columbiana, Mahoning, and Trumbull	61790
counties is hereby added to the territory of the community college	61791
district of Jefferson county, creating a new community college	61792
district to replace the former community college district of	61793
Jefferson county. The district created under this section shall be	61794
known as and operate under the name of "eastern gateway community	61795
college district," and its charter shall be amended to this name.	61796
The Jefferson county campus is hereby part of the eastern gateway	61797
community college district and shall remain in operation unless	61798
otherwise specified by the board of trustees of the community	61799
college.	61800

The eastern gateway community college district is divided	61801
into two taxing subdistricts, one consisting of the territory of	61802
Jefferson county, and the other consisting of the territories of	61803
Columbiana, Mahoning, and Trumbull counties.	61804

(C) On the effective date of this section as enacted by H.B.	61805
1 of the 128th general assembly, the government of the eastern	61806
gateway community college district shall be vested in a board of	61807
eleven trustees to be appointed by the governor, with the advice	61808
and consent of the senate. The board of trustees of the former	61809
community college district of Jefferson county is abolished on	61810
that date.	61811

The governor shall appoint the members of the board of	61812
trustees of the eastern gateway community college district as	61813
successors to the board of trustees of Jefferson community college	61814
as follows: Three members of the board of trustees shall be	61815
residents of Jefferson county. (The initial Jefferson county	61816
members shall be members of the board of trustees of the former	61817
community college district of Jefferson county, as it existed	61818
before the effective date of this section.) Eight members of the	61819
board of trustees shall be residents of Columbiana, Mahoning, and	61820
Trumbull counties.	61821

The initial board of trustees shall be appointed within	61822
ninety days after the effective date of this section for terms as	61823
follows: Of the trustees who are residents of Jefferson county,	61824
one trustee shall be appointed for a one-year term, one trustee	61825
shall be appointed for a three-year term, and one trustee shall be	61826
appointed for a five-year term. Of the trustees who are residents	61827
of Columbiana, Mahoning, and Trumbull counties, one trustee shall	61828
be appointed for a one-year term, two trustees shall be appointed	61829
for two-year terms, two trustees shall be appointed for three-year	61830
terms, two trustees shall be appointed for four-year terms, and	61831
one trustee shall be appointed for a five-year term.	61832

At the conclusion of each initial term, the term of office of	61833
each trustee shall be five years, each term ending on the same day	61834
of the same month of the year as did the term that it succeeds.	61835

Each trustee shall hold office from the date of the trustee's	61836
appointment until the end of the term for which the trustee was	61837
appointed. Any trustee appointed to fill a vacancy occurring	61838
before the expiration of the term for which the trustee's	61839
predecessor was appointed shall hold office for the remainder of	61840
that term. Any trustee shall continue in office subsequent to the	61841
expiration date of the trustee's term until the trustee's	61842
successor takes office, or until a period of sixty days has	61843
elapsed, whichever occurs first.	61844

If a vacancy occurs and the Jefferson county tax levy is no	61845
longer in place or a conversion under division (H) of this section	61846
has occurred, the governor shall fill the vacancy with a person	61847
residing within the eastern gateway community college district.	61848

(D) The board of trustees of the eastern gateway community	61849
college district shall continue to comply with division (G) of	61850
section 3354.09 of the Revised Code regarding tuition for students	61851
who are residents of Ohio but not residents of the district, and	61852
for students who are nonresidents of Ohio. The tuition rate shall	61853
be based on the student's county of residence and shall apply to	61854
all eastern gateway community college district classes in all	61855
district locations. Except as provided in division (F)(3) of this	61856
section, students who are residents of Columbiana, Mahoning, or	61857
Trumbull county shall continue to be charged tuition at the same	61858
rate as Ohio residents who are not residents of the district.	61859

(E)(1) Except as provided in divisions (E)(2) and (3) of this	61860
section, each member of the board of trustees shall have full	61861
voting rights on all matters that come before the board.	61862

(2) The three trustees representing Jefferson county shall	61863
have sole authority to vote on the following matters:	61864

(a) The Jefferson county tax levy;

61865

(b) The expenditure of revenue from that tax levy;

61866

61867

(3) The voting restrictions under division (E)(2) of this	61868
section apply until the electors of the Columbiana, Mahoning, and	61869
Trumbull county taxing subdistrict approve a tax levy under	61870
division (F)(3) of this section that is equivalent to the tax levy	61871
approved by the electors of Jefferson county for the support of	61872
the former community college district of Jefferson county on the	61873
effective date of this section. For the purposes of this division,	61874
the tax levy is an equivalent tax levy if either:	61875

(a) In the first tax year for which the tax is collected, it	61876
yields revenue per capita equal to or greater than the yield per	61877
capita of levies of the community college district in effect that	61878
year in Jefferson county, as jointly determined by the county	61879
auditors of Jefferson, Columbiana, Mahoning, and Trumbull	61880
counties; or	61881

(b) In the first tax year for which the tax is collected, the	61882
effective tax rate of the tax is equal to or greater than the	61883
effective tax rate of levies of the community college district in	61884
effect that tax year in Jefferson county, as jointly determined by	61885
the county auditors of Jefferson, Columbiana, Mahoning, and	61886
Trumbull counties.	61887

As used in this division, "effective tax rate" means the	61888
quotient obtained by dividing the total taxes charged and payable	61889
for a taxing subdistrict for a tax year after the reduction	61890
prescribed by section 319.301 of the Revised Code but before the	61891
reduction prescribed by section 319.302 or 323.152 of the Revised	61892
Code, by the taxable value for the taxing subdistrict for that tax	61893
year.	61894

(F)(1) For each taxing subdistrict of the eastern gateway	61895
community college district, the board of trustees may propose to	61896
levy a tax in accordance with the procedures prescribed in section	61897
3354.12 of the Revised Code, except the following terms used in	61898
that section shall have the meanings given them in this section:	61899

(a) "District" and "community college district" mean the	61900
appropriate taxing subdistrict defined in this section;	61901

(b) "Board of trustees of the community college district"	61902
means the board of trustees for the entire eastern gateway	61903
community college district. That board of trustees may propose	61904
separate levies for either of the two taxing subdistricts.	61905

(c) "Tax duplicate" means the tax duplicate of only the	61906
appropriate taxing subdistrict and not the tax duplicate of the	61907
entire eastern gateway community college district.	61908

(2) The board of trustees may propose to levy a tax on	61909
taxable property in Jefferson county to be voted on by the	61910
electors of Jefferson county as provided in division (F)(1) of	61911
this section. An affirmative vote by a majority of the electors of	61912
the subdistrict voting on the question is necessary for passage.	61913
Any money raised by a tax levied by the former community college	61914
district of Jefferson county or a subsequent tax levied in	61915
Jefferson county in accordance with division (F)(1) of this	61916
section shall be used solely for the benefit of Jefferson county	61917
residents attending the eastern gateway community college in the	61918
form of student tuition subsidies, student scholarships, and	61919
instructional facilities, equipment, and support services located	61920
within Jefferson county, or for any purpose approved by the	61921
electors. Such amounts shall be deposited into a separate fund of	61922
the taxing subdistrict, and shall be budgeted separately.	61923

(3) The board of trustees may propose to levy a tax on	61924
taxable property in Columbiana, Mahoning, and Trumbull counties to	61925
be voted on by the electors of the counties as provided in	61926
division (F)(1) of this section. An affirmative vote by a majority	61927
of the electors of the subdistrict voting on the question is	61928
necessary for passage. Any amounts raised by such a tax in the tax	61929
subdistrict shall be used solely for the benefit of residents of	61930
the subdistrict attending the eastern gateway community college in	61931
the form of student tuition subsidies, student scholarships, and	61932
instructional facilities, equipment, and support services located	61933
within Columbiana, Mahoning, and Trumbull counties, or for any	61934
purpose approved by the electors. Amounts collected shall be	61935
deposited into a separate fund from all other revenues collected	61936
by each taxing subdistrict.	61937

The board of trustees may adjust the rate of tuition charged	61938
to each taxing subdistrict's residents to an amount commensurate	61939
with the amount of tax the board of trustees dedicates for	61940
instructional and general services provided to the residents of	61941
the subdistrict.	61942

(G) The board of trustees of the eastern gateway community	61943
college district may issue bonds in accordance with section	61944
3354.11 of the Revised Code, but the board may limit the question	61945
of approval of the issue of those bonds to the electors of only	61946
one of the two taxing subdistricts, in which case the board also	61947
may limit the use of the property or improvements to the residents	61948
of that subdistrict.	61949

(H) If the tax levy in Jefferson county expires, is not	61950
renewed, or is not approved by the electors of Jefferson county	61951
and the other taxing subdistrict does not levy a tax for the	61952
purposes of this section, the board of trustees of the eastern	61953
gateway community college district shall submit a proposal to the	61954
chancellor of the board of regents to convert to a state community	61955
college and, upon the chancellor's approval of the proposal, enter	61956
into a transition agreement with the chancellor following the	61957
procedures set forth in section 3358.05 of the Revised Code for a	61958
technical college district.	61959

Sec. 3365.01. As used in this chapter:

61960

(A) "College" means any state-assisted college or university	61961
described in section 3333.041 of the Revised Code, any nonprofit	61962
institution holding a certificate of authorization pursuant to	61963
Chapter 1713. of the Revised Code, any private institution exempt	61964
from regulation under Chapter 3332. of the Revised Code as	61965
prescribed in section 3333.046 of the Revised Code, and any	61966
institution holding a certificate of registration from the state	61967
board of career colleges and schools and program authorization for	61968
an associate or bachelor's degree program issued under section	61969
3332.05 of the Revised Code.	61970

(B) "School district," except as specified in division (G) of	61971
this section, means any school district to which a student is	61972
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	61973
the Revised Code and does not include a joint vocational or	61974
cooperative education school district.	61975

(C) "Parent" has the same meaning as in section 3313.64 of	61976
the Revised Code.	61977

(D) "Participant" means a student enrolled in a college under	61978
the post-secondary enrollment options program established by this	61979
chapter.	61980

(E) "Secondary grade" means the ninth through twelfth grades.

61981

(F) "School foundation payments" means the amount required to	61982
be paid to a school district for a fiscal year under ~~Chapter~~	61983
Chapters 3306. and 3317. of the Revised Code.	61984

(G) "Tuition base" means~~, with respect to a participant's~~	61985
~~school district, the sum of~~ the formula amount ~~plus the per pupil~~	61986
~~amount of the base funding supplements specified in divisions~~	61987
~~(C)(1) to (4) of section 3317.012~~, as defined in section 3317.02	61988
of the Revised Code.	61989

~~The participant's "school district" in the case of a~~	61990
~~participant enrolled in a community school shall be the school~~	61991
~~district in which the student is entitled to attend school under~~	61992
~~section 3313.64 or 3313.65 of the Revised Code.~~	61993

(H) "Educational program" means enrollment in one or more	61994
school districts, in a nonpublic school, or in a college under	61995
division (B) of section 3365.04 of the Revised Code.	61996

(I) "Nonpublic school" means a chartered or nonchartered	61997
school for which minimum standards are prescribed by the state	61998
board of education pursuant to division (D) of section 3301.07 of	61999
the Revised Code.	62000

(J) "School year" means the year beginning on the first day	62001
of July and ending on the thirtieth day of June.	62002

(K) "Community school" means any school established pursuant	62003
to Chapter 3314. of the Revised Code that includes secondary	62004
grades.	62005

(L) "STEM school" means a science, technology, engineering,	62006
and mathematics school established under Chapter 3326. of the	62007
Revised Code.	62008

Sec. 3365.04. The rules adopted under section 3365.02 of the	62009
Revised Code shall provide for students to enroll in courses under	62010
either of the following options:	62011

(A) The student may elect at the time of enrollment to be	62012
responsible for payment of all tuition and the cost of all	62013
textbooks, materials, and fees associated with the course. The	62014
college shall notify the student about payment of tuition and fees	62015
in the customary manner followed by the college. A student	62016
electing this option also shall elect, at the time of enrollment,	62017
whether to receive only college credit or high school credit and	62018
college credit for the course.	62019

(1) The student may elect to receive only college credit for	62020
the course. Except as provided in section 3365.041 of the Revised	62021
Code, if the student successfully completes the course, the	62022
college shall award the student full credit for the course, but	62023
the board of education, community school governing authority, STEM	62024
school, or nonpublic participating school shall not award the high	62025
school credit.	62026

(2) The student may elect to receive both high school credit	62027
and college credit for the course. Except as provided in section	62028
3365.041 of the Revised Code, if the student successfully	62029
completes the course, the college shall award the student full	62030
credit for the course and the board of education, community school	62031
governing authority, STEM school, or nonpublic school shall award	62032
the student high school credit.	62033

(B) The student may elect at the time of enrollment for each	62034
course to have the college reimbursed under section 3365.07 of the	62035
Revised Code or as provided in alternative funding agreements	62036
entered into under rules adopted under section 3365.12 of the	62037
Revised Code. Except as provided in section 3365.041 of the	62038
Revised Code, if the student successfully completes the course,	62039
the college shall award the student full credit for the course,	62040
the board of education, community school governing authority, STEM	62041
school, or nonpublic school shall award the student high school	62042
credit, and the college shall be reimbursed in accordance with	62043
section 3365.07 of the Revised Code or alternative funding	62044
agreements entered into under rules adopted under section 3365.12	62045
of the Revised Code.	62046

When determining a school district's formula ADM under	62047
section 3317.03 of the Revised Code, the time a participant is	62048
attending courses under division (A) of this section shall be	62049
considered as time the participant is not attending or enrolled in	62050
school anywhere, and the time a participant is attending courses	62051
under division (B) of this section shall be considered as time the	62052
participant is attending or enrolled in the district's schools.	62053

Sec. 3365.041. (A) When a school district superintendent,	62054
the governing authority of a community school, or the chief	62055
administrative officer of a STEM school expels a student under	62056
division (B) of section 3313.66 of the Revised Code, the district	62057
superintendent, governing authority, or chief administrative	62058
officer shall send a written notice of the expulsion to any	62059
college in which the expelled student is enrolled under section	62060
3365.03 of the Revised Code at the time the expulsion is imposed.	62061
The notice shall indicate the date the expulsion is scheduled to	62062
expire. The notice also shall indicate whether the district board	62063
of education, community school governing authority, or the STEM	62064
school has adopted a policy under section 3313.613 of the	62065
Revised Code to deny high school credit for post-secondary	62066
courses taken during an expulsion. If the expulsion is extended	62067
under division (F) of section 3313.66 of the Revised Code, the	62068
district superintendent, community school governing authority, or	62069
STEM school chief administrative officer shall notify the	62070
college of the extension.	62071

(B) A college may withdraw its acceptance under section	62072
3365.03 of the Revised Code of a student who is expelled from	62073
school under division (B) of section 3313.66 of the Revised Code.	62074
As provided in section 3365.03 of the Revised Code, regardless of	62075
whether the college withdraws its acceptance of the student for	62076
the college term in which the student is expelled, the student is	62077
ineligible to enroll in a college under that section for	62078
subsequent college terms during the period of the expulsion,	62079
unless the student enrolls in another school district or community	62080
school, or a participating nonpublic school during that period.	62081

If a college withdraws its acceptance of an expelled student	62082
who elected either option of division (A)(1) or (2) of section	62083
3365.04 of the Revised Code, the college shall refund tuition and	62084
fees paid by the student in the same proportion that it refunds	62085
tuition and fees to students who voluntarily withdraw from the	62086
college at the same time in the term.	62087

If a college withdraws its acceptance of an expelled student	62088
who elected the option of division (B) of section 3365.04 of the	62089
Revised Code, the school district, community school, or STEM	62090
school shall not award high school credit for the college courses	62091
in which the student was enrolled at the time the college withdrew	62092
its acceptance, and any reimbursement under section 3365.07 of the	62093
Revised Code or through alternative funding agreements entered	62094
into under rules adopted under section 3365.12 of the Revised Code	62095
for the student's attendance prior to the withdrawal shall be the	62096
same as would be paid for a student who voluntarily withdrew from	62097
the college at the same time in the term. If the withdrawal	62098
results in the college's receiving no reimbursement, the college	62099
may require the student to return or pay for the textbooks and	62100
materials it provided the student free of charge under section	62101
3365.08 of the Revised Code.	62102

(C) When a student who elected the option of division (B) of	62103
section 3365.04 of the Revised Code is expelled under division (B)	62104
of section 3313.66 of the Revised Code from a school district,	62105
community school, or STEM school that has adopted a policy under	62106
section 3313.613 of the Revised Code, that election is	62107
automatically revoked for all college courses in which the student	62108
is enrolled during the college term in which the expulsion is	62109
imposed. Any reimbursement under section 3365.07 of the Revised	62110
Code or through alternative funding agreements entered into under	62111
rules adopted under section 3365.12 of the Revised Code for the	62112
student's attendance prior to the expulsion shall be the same as	62113
would be paid for a student who voluntarily withdrew from the	62114
college at the same time in the term. If the revocation results	62115
in the college's receiving no reimbursement, the college may	62116
require the student to return or pay for the textbooks and	62117
materials it provided the student free of charge under section	62118
3365.08 of the Revised Code.	62119

No later than five days after receiving an expulsion notice	62120
from the superintendent of a district, the governing authority of	62121
a community school, or the chief administrative officer of a STEM	62122
school that has adopted a policy under section 3313.613 of the	62123
Revised Code, the college shall send a written notice to the	62124
expelled student that the student's election of division (B) of	62125
section 3365.04 of the Revised Code is revoked. If the college	62126
elects not to withdraw its acceptance of the student, the student	62127
shall pay all applicable tuition and fees for the college courses	62128
and shall pay for the textbooks and materials that the college	62129
provided under section 3365.08 of the Revised Code.	62130

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	62131
the Revised Code shall specify a method for each of the following:	62132

(1) Determining, with respect to any participant, the	62133
percentage of a full-time educational program constituted by the	62134
participant's total educational program. That percentage shall be	62135
the participant's full-time equivalency percentage for purposes of	62136
the computation required by division (B)(1) of this section.	62137

(2) In the case of a participant who is not enrolled in a	62138
participating nonpublic school, determining the percentage of a	62139
participant's school day during which the participant is	62140
participating in each of the following:	62141

(a) Programs provided by the city, local, or exempted village	62142
school district, a community school, or a STEM school;	62143

(b) Programs provided by a joint vocational school district;

62144

(c) Programs provided by a college under division (B) of	62145
section 3365.04 of the Revised Code.	62146

The sum of divisions (A)(2)(a) to (c) of this section shall equal	62147
one hundred per cent.	62148

(3) In the case of a participant who is not enrolled in a	62149
participating nonpublic school, determining the percentage of a	62150
participant's enrollment that shall be deemed to be enrollment in	62151
a joint vocational school district and the percentage that shall	62152
be deemed to be enrollment in a city, local, or exempted village	62153
school district. The sum of such percentages shall equal one	62154
hundred per cent.	62155

(4) In the case of a participant who is enrolled in a	62156
participating nonpublic school, determining the percentage of a	62157
participant's school day during which the participant is	62158
participating in programs provided by a college under division (B)	62159
of section 3365.04 of the Revised Code.	62160

(B) Each July, unless provided otherwise in an alternative	62161
funding agreement entered into under rules adopted under section	62162
3365.12 of the Revised Code, the department of education shall pay	62163
each college for any participant enrolled in the college in the	62164
prior school year under division (B) of section 3365.04 of the	62165
Revised Code an amount computed as follows:	62166

(1) Multiply the tuition base by the participant's full-time	62167
equivalency percentage and multiply the resulting amount by a	62168
percentage equal to the percentage of the participant's school day	62169
apportioned to the college under division (A)(2)(c) or (4) of this	62170
section, as applicable.	62171

(2) Pay the college the lesser of:

62172

(a) The amount computed under division (B)(1) of this	62173
section;	62174

(b) The actual costs that would have been the responsibility	62175
of the participant had the participant elected to enroll under	62176
division (A) of section 3365.04 of the Revised Code, as verified	62177
by the department, of tuition, textbooks, materials, and fees	62178
directly related to any courses elected by the participant during	62179
the prior school year under division (B) of section 3365.04 of the	62180
Revised Code.	62181

(C) The department shall not reimburse any college for any	62182
course taken by a participant under division (A) of section	62183
3365.04 of the Revised Code.	62184

(D) If the participant was not enrolled in a participating	62185
nonpublic school, the amount paid under division (B) of this	62186
section for each participant shall be subtracted from the school	62187
foundation payments made to the participant's school district or,	62188
if the participant was enrolled in a community school or a STEM	62189
school, from the payments made to the participant's school under	62190
section 3314.08 or 3326.33 of the Revised Code. If the	62191
participant was enrolled in a joint vocational school district, a	62192
portion of the amount shall be subtracted from the payments to	62193
the joint vocational school district and a portion shall be	62194
subtracted from the payments to the participant's city, local, or	62195
exempted village school district. The amount of the payment	62196
subtracted from the city, local, or exempted village school	62197
district shall be computed as follows:	62198

(1) Add the following:

62199

(a) The percentage of the participant's enrollment in the	62200
school district, determined under division (A)(3) of this section;	62201
and	62202

(b) Twenty-five per cent times the percentage of the	62203
participant's enrollment in the joint vocational school district,	62204
determined under division (A)(3) of this section.	62205

(2) Multiply the sum obtained under division (D)(1) of this	62206
section by the amount computed under division (B)(2) of this	62207
section.	62208

The balance of the payment shall be subtracted from the joint	62209
vocational district's school foundation payments.	62210

(E) If the participant was enrolled in a participating	62211
nonpublic school, the amount paid under division (B) of this	62212
section shall be subtracted from moneys set aside by the general	62213
assembly for such purpose from funds appropriated for the purposes	62214
of section 3317.06 of the Revised Code.	62215

Sec. 3365.08. (A) A college that expects to receive or	62216
receives reimbursement under section 3365.07 of the Revised Code	62217
or through alternative funding agreements entered into under rules	62218
adopted under section 3365.12 of the Revised Code shall furnish to	62219
a participant all textbooks and materials directly related to a	62220
course taken by the participant under division (B) of section	62221
3365.04 of the Revised Code. No college shall charge such	62222
participant for tuition, textbooks, materials, or other fees	62223
directly related to any such course.	62224

(B) No student enrolled under this chapter in a course for	62225
which credit toward high school graduation is awarded shall	62226
receive direct financial aid through any state or federal program.	62227

(C) If a school district provides transportation for resident	62228
school students in grades eleven and twelve under section 3327.01	62229
of the Revised Code, a parent of a pupil enrolled in a course	62230
under division (A)(2) or (B) of section 3365.04 of the Revised	62231
Code may apply to the board of education for full or partial	62232
reimbursement for the necessary costs of transporting the student	62233
between the secondary school the student attends and the college	62234
in which the student is enrolled. Reimbursement may be paid solely	62235
from funds received by the district under ~~division (D) of~~ section	62236
~~3317.022~~3306.12 of the Revised Code. The state board of education	62237
shall establish guidelines, based on financial need, under which a	62238
district may provide such reimbursement.	62239

(D) If a community school provides or arranges transportation	62240
for its pupils in grades nine through twelve under section	62241
3314.091 of the Revised Code, a parent of a pupil of the community	62242
school who is enrolled in a course under division (A)(2) or (B) of	62243
section 3365.04 of the Revised Code may apply to the governing	62244
authority of the community school for full or partial	62245
reimbursement of the necessary costs of transporting the student	62246
between the community school and the college. The governing	62247
authority may pay the reimbursement in accordance with the state	62248
board's rules adopted under division (C) of this section solely	62249
from funds paid to it under section 3314.091 of the Revised Code.	62250

Sec. 3365.09. Section 3365.07 ~~and~~, divisions (A) and (C) of	62251
section 3365.08, and agreements entered into under rules adopted	62252
under section 3365.12 of the Revised Code do not apply to any	62253
college course in which a student is enrolled if during the term	62254
such student is enrolled in the college course the student is	62255
also a full-time student in the student's district, community	62256
school, STEM school, or nonpublic school. The rules adopted under	62257
section 3365.02 of the Revised Code shall prescribe a method for	62258
determining whether a student is enrolled full-time in the	62259
student's district, community school, STEM school, or nonpublic	62260
school.	62261

Sec. 3365.10. As used in this section, the "base amount" for	62262
any school year is one million dollars. "Full-time equivalency	62263
percentage" and "percentage of the school day" enrolled in college	62264
shall be determined under the rules described by divisions (A)(1)	62265
and (4) of section 3365.07 of the Revised Code or the rules	62266
adopted under section 3365.12 of the Revised Code.	62267

(A) Each nonpublic school student who wishes to become a	62268
participant in any school year shall send to the department of	62269
education a copy of ~~his~~the student's acceptance from a college	62270
and an application. The application shall be made on forms	62271
provided by the state board and shall include information about	62272
the student's proposed participation, including the school year in	62273
which hethe student wishes to participate; the semesters or terms	62274
the student wishes to enroll during such year; the student's	62275
expected full-time equivalency percentage for each such semester	62276
or term; and the percentage of the school day each such semester	62277
or term that the student expects to be enrolled in programs	62278
provided by a college under division (B) of section 3365.04 of the	62279
Revised Code. The department shall mark each application with the	62280
date and time of receipt.	62281

(B) Calculations involving applications under this division	62282
shall be made in the order in which the applications are received.	62283

Upon receipt of an application under division (A) of this	62284
section, the department shall calculate the amount the college	62285
would be paid under division (B) of section 3365.07 of the Revised	62286
Code or through alternative funding agreements entered into under	62287
rules adopted under section 3365.12 of the Revised Code for the	62288
student's expected participation. ~~The~~For calculations made under	62289
division (B) of section 3365.07 of the Revised Code, the	62290
department shall subtract each such calculated amount from the	62291
base amount for that year, or the amount remaining for that year	62292
after the subtraction from the base amount of amounts previously	62293
calculated under this division as a result of prior applications	62294
for participation in that year, whichever is the lesser amount.	62295

(C) If such a subtraction under division (B) of this section	62296
results in a positive number, the department shall notify the	62297
applicant within three weeks of the receipt of ~~his~~the application	62298
that hesuch applicant may participate in the post-secondary	62299
enrollment options program to the extent indicated in the	62300
application.	62301

(D) If such a subtraction under division (B) of this section	62302
results in a negative number, the department shall, within one	62303
week of the receipt of such application, notify the applicant, the	62304
applicant's nonpublic school, and the college accepting the	62305
applicant that funds will not be available for the applicant's	62306
participation in the program during the year for which the	62307
application was made. The department shall also notify all	62308
applicants whose applications for that year are subsequently	62309
received, their nonpublic schools, and the colleges accepting them	62310
of the same fact.	62311

(E) No applicant receiving notification under division (D) of	62312
this section may become a participant under division (B) of	62313
section 3365.04 of the Revised Code for the year for which hethe	62314
applicant applied and no college shall be paid under division (B)	62315
of section 3365.07 of the Revised Code or through alternative	62316
funding agreements entered into under rules adopted under section	62317
3365.12 of the Revised Code for participation by any such	62318
applicant in such year.	62319

Sec. 3365.12. The superintendent of public instruction and	62320
the chancellor of the Ohio board of regents jointly may adopt	62321
rules in accordance with Chapter 119. of the Revised Code	62322
permitting a board of education of a school district or joint	62323
vocational school district, governing authority of a community	62324
school, governing body of a STEM school, or governing authority of	62325
a participating nonpublic school to enter into an agreement with a	62326
college or university to use an alternate funding formula to	62327
calculate, or an alternate method to transmit, the amount the	62328
college or university would be paid for a student participating in	62329
a program under this chapter, including the program known as	62330
seniors to sophomores.	62331

Rules adopted under this section may include, but need not be	62332
limited to, any of the following alternative funding options:	62333

(A) Direct payment of funds necessary to support students	62334
participating in a program under this chapter, including the	62335
seniors to sophomores program, by the school district, joint	62336
vocational school district, community school, STEM school, or any	62337
combination thereof, to the college or university in which the	62338
student enrolled;	62339

(B) Alternate funding formulas to calculate the amount of	62340
money to be paid to colleges for participants;	62341

(C) A negotiated amount to be paid, as agreed by the school	62342
district, joint vocational school district, community school, or	62343
STEM school and the college or university.	62344

Sec. 3375.79. There is hereby created in the state treasury	62345
the Bill and Melinda Gates foundation grant fund consisting of	62346
Bill and Melinda Gates foundation grants awarded to the state	62347
library of Ohio. The state library board shall use the fund for	62348
the improvement of public library services, interlibrary	62349
cooperation, or other library purposes. All investment earnings of	62350
the fund shall be credited to the fund.	62351

Sec. 3501.17. (A) The expenses of the board of elections	62352
shall be paid from the county treasury, in pursuance of	62353
appropriations by the board of county commissioners, in the same	62354
manner as other county expenses are paid. If the board of county	62355
commissioners fails to appropriate an amount sufficient to provide	62356
for the necessary and proper expenses of the board of elections	62357
pertaining to the conduct of elections, the board of elections	62358
may apply to the court of common pleas within the county, which	62359
shall fix the amount necessary to be appropriated and the amount	62360
shall be appropriated. Payments shall be made upon vouchers of the	62361
board of elections certified to by its chairperson or acting	62362
chairperson and the director or deputy director, upon warrants of	62363
the county auditor.	62364

The board of elections shall not incur any obligation	62365
involving the expenditure of money unless there are moneys	62366
sufficient in the funds appropriated therefor to meet the	62367
obligation. If the board of elections requests a transfer of funds	62368
from one of its appropriation items to another, the board of	62369
county commissioners shall adopt a resolution providing for the	62370
transfer except as otherwise provided in section 5705.40 of the	62371
Revised Code. The expenses of the board of elections shall be	62372
apportioned among the county and the various subdivisions as	62373
provided in this section, and the amount chargeable to each	62374
subdivision shall be withheld by the auditor from the moneys	62375
payable thereto at the time of the next tax settlement. At the	62376
time of submitting budget estimates in each year, the board of	62377
elections shall submit to the taxing authority of each	62378
subdivision, upon the request of the subdivision, an estimate of	62379
the amount to be withheld from the subdivision during the next	62380
fiscal year.	62381

(B) Except as otherwise provided in division (F) of this	62382
section, the compensation of the members of the board of	62383
elections and of the director, deputy director, and regular	62384
employees in the board's offices, other than compensation for	62385
overtime worked; the expenditures for the rental, furnishing, and	62386
equipping of the office of the board and for the necessary office	62387
supplies for the use of the board; the expenditures for the	62388
acquisition, repair, care, and custody of the polling places,	62389
booths, guardrails, and other equipment for polling places; the	62390
cost of tally sheets, maps, flags, ballot boxes, and all other	62391
permanent records and equipment; the cost of all elections held	62392
in and for the state and county; and all other expenses of the	62393
board which are not chargeable to a political subdivision in	62394
accordance with this section shall be paid in the same manner as	62395
other county expenses are paid.	62396

(C) The compensation of judges of elections and intermittent	62397
employees in the board's offices; the cost of renting, moving,	62398
heating, and lighting polling places and of placing and removing	62399
ballot boxes and other fixtures and equipment thereof, including	62400
voting machines, marking devices, and automatic tabulating	62401
equipment; the cost of printing and delivering ballots, cards of	62402
instructions, registration lists required under section 3503.23	62403
of the Revised Code, and other election supplies, including the	62404
supplies required to comply with division (H) of section 3506.01	62405
of the Revised Code; the cost of contractors engaged by the board	62406
to prepare, program, test, and operate voting machines, marking	62407
devices, and automatic tabulating equipment; and all other	62408
expenses of conducting primaries and elections in the odd-numbered	62409
years shall be charged to the subdivisions in and for which such	62410
primaries or elections are held. The charge for each primary or	62411
general election in odd-numbered years for each subdivision shall	62412
be determined in the following manner: first, the total cost of	62413
all chargeable items used in conducting such elections shall be	62414
ascertained; second, the total charge shall be divided by the	62415
number of precincts participating in such election, in order to	62416
fix the cost per precinct; third, the cost per precinct shall be	62417
prorated by the board of elections to the subdivisions conducting	62418
elections for the nomination or election of offices in such	62419
precinct; fourth, the total cost for each subdivision shall be	62420
determined by adding the charges prorated to it in each precinct	62421
within the subdivision.	62422

(D) The entire cost of special elections held on a day other	62423
than the day of a primary or general election, both in	62424
odd-numbered or in even-numbered years, shall be charged to the	62425
subdivision. Where a special election is held on the same day as a	62426
primary or general election in an even-numbered year, the	62427
subdivision submitting the special election shall be charged only	62428
for the cost of ballots and advertising. Where a special election	62429
is held on the same day as a primary or general election in an	62430
odd-numbered year, the subdivision submitting the special election	62431
shall be charged for the cost of ballots and advertising for such	62432
special election, in addition to the charges prorated to such	62433
subdivision for the election or nomination of candidates in each	62434
precinct within the subdivision, as set forth in the preceding	62435
paragraph.	62436

(E) Where a special election is held on the day specified by	62437
division (E) of section 3501.01 of the Revised Code for the	62438
holding of a primary election, for the purpose of submitting to	62439
the voters of the state constitutional amendments proposed by the	62440
general assembly, and a subdivision conducts a special election on	62441
the same day, the entire cost of the special election shall be	62442
divided proportionally between the state and the subdivision based	62443
upon a ratio determined by the number of issues placed on the	62444
ballot by each, except as otherwise provided in division (G) of	62445
this section. Such proportional division of cost shall be made	62446
only to the extent funds are available for such purpose from	62447
amounts appropriated by the general assembly to the secretary of	62448
state. If a primary election is also being conducted in the	62449
subdivision, the costs shall be apportioned as otherwise provided	62450
in this section.	62451

(F) When a precinct is open during a general, primary, or	62452
special election solely for the purpose of submitting to the	62453
voters a statewide ballot issue, the state shall bear the entire	62454
cost of the election in that precinct and shall reimburse the	62455
county for all expenses incurred in opening the precinct.	62456

(G)(1) The state shall bear the entire cost of advertising in	62457
newspapers statewide ballot issues, explanations of those issues,	62458
and arguments for or against those issues, as required by Section	62459
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	62460
and any other section of law. Appropriations made to the	62461
controlling board shall be used to reimburse the secretary of	62462
state for all expenses the secretary of state incurs for such	62463
advertising under division (G) of section 3505.062 of the	62464
Revised Code.	62465

(2) There is hereby created in the state treasury the	62466
statewide ballot advertising fund. The fund shall receive	62467
transfers approved by the controlling board, and shall be used by	62468
the secretary of state to pay the costs of advertising state	62469
ballot issues as required under division (G)(1) of this section.	62470
Any such transfers may be requested from and approved by the	62471
controlling board prior to placing the advertising, in order to	62472
facilitate timely provision of the required advertising.	62473

(H) The cost of renting, heating, and lighting registration	62474
places; the cost of the necessary books, forms, and supplies for	62475
the conduct of registration; and the cost of printing and posting	62476
precinct registration lists shall be charged to the subdivision in	62477
which such registration is held.	62478

(I) At the request of a majority of the members of the board	62479
of elections, the board of county commissioners may, by	62480
resolution, establish an elections revenue fund. Except as	62481
otherwise provided in this division, the purpose of the fund shall	62482
be to accumulate revenue withheld by or paid to the county under	62483
this section for the payment of any expense related to the duties	62484
of the board of elections specified in section 3501.11 of the	62485
Revised Code, upon approval of a majority of the members of the	62486
board of elections. The fund shall not accumulate any revenue	62487
withheld by or paid to the county under this section for the	62488
compensation of the members of the board of elections or of the	62489
director, deputy director, or other regular employees in the	62490
board's offices, other than compensation for overtime worked.	62491

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	62492
Revised Code, the board of county commissioners may, by	62493
resolution, transfer money to the elections revenue fund from any	62494
other fund of the political subdivision from which such payments	62495
lawfully may be made. Following an affirmative vote of a majority	62496
of the members of the board of elections, the board of county	62497
commissioners may, by resolution, rescind an elections revenue	62498
fund established under this division. If an elections revenue fund	62499
is rescinded, money that has accumulated in the fund shall be	62500
transferred to the county general fund.	62501

(J) As used in this section:

62502

(1) "Political subdivision" and "subdivision" mean any board	62503
of county commissioners, board of township trustees, legislative	62504
authority of a municipal corporation, board of education, or any	62505
other board, commission, district, or authority that is empowered	62506
to levy taxes or permitted to receive the proceeds of a tax levy,	62507
regardless of whether the entity receives tax settlement moneys as	62508
described in division (A) of this section;	62509

(2) "Statewide ballot issue" means any ballot issue, whether	62510
proposed by the general assembly or by initiative or referendum,	62511
that is submitted to the voters throughout the state.	62512

Sec. 3701.024. (A)(1) Under a procedure established in rules	62513
adopted under section 3701.021 of the Revised Code, the department	62514
of health shall determine the amount each county shall provide	62515
annually for the program for medically handicapped children, based	62516
on a proportion of the county's total general property tax	62517
duplicate, not to exceed one-tenth of a mill, and charge the	62518
county for any part of expenses incurred under the program for	62519
diagnostic and treatment services on behalf of medically	62520
handicapped children having legal settlement in the county that is	62521
not paid from federal funds or through the medical assistance	62522
program established under section 5111.01 of the Revised Code. The	62523
department shall not charge the county for expenses exceeding the	62524
difference between the amount determined under division (A)(1) of	62525
this section and any amounts retained under divisions (A)(2) and	62526
(3) of this section.	62527

All amounts collected by the department under division (A)(1)	62528
of this section shall be deposited into the state treasury to the	62529
credit of the medically handicapped children-county assessment	62530
fund, which is hereby created. The fund shall be used by the	62531
department to comply with sections 3701.021 to 3701.028 of the	62532
Revised Code.	62533

(2) The department, in accordance with rules adopted under	62534
section 3701.021 of the Revised Code, may allow each county to	62535
retain up to ten per cent of the amount determined under division	62536
(A)(1) of this section to provide funds to city or general health	62537
districts of the county with which the districts shall provide	62538
service coordination, public health nursing, or transportation	62539
services for medically handicapped children.	62540

(3) In addition to any amount retained under division (A)(2)	62541
of this section, the department, in accordance with rules adopted	62542
under section 3701.021 of the Revised Code, may allow counties	62543
that it determines have significant numbers of potentially	62544
eligible medically handicapped children to retain an amount equal	62545
to the difference between:	62546

(a) Twenty-five per cent of the amount determined under	62547
division (A)(1) of this section;	62548

(b) Any amount retained under division (A)(2) of this	62549
section.	62550

Counties shall use amounts retained under division (A)(3) of	62551
this section to provide funds to city or general health districts	62552
of the county with which the districts shall conduct outreach	62553
activities to increase participation in the program for medically	62554
handicapped children.	62555

(4) Prior to any increase in the millage charged to a county,	62556
the public health council shall hold a public hearing on the	62557
proposed increase and shall give notice of the hearing to each	62558
board of county commissioners that would be affected by the	62559
increase at least thirty days prior to the date set for the	62560
hearing. Any county commissioner may appear and give testimony at	62561
the hearing. Any increase in the millage any county is required to	62562
provide for the program for medically handicapped children shall	62563
be determined, and notice of the amount of the increase shall be	62564
provided to each affected board of county commissioners, no later	62565
than the first day of June of the fiscal year next preceding the	62566
fiscal year in which the increase will take effect.	62567

(B) Each board of county commissioners shall establish a	62568
medically handicapped children's fund and shall appropriate	62569
thereto an amount, determined in accordance with division (A)(1)	62570
of this section, for the county's share in providing medical,	62571
surgical, and other aid to medically handicapped children residing	62572
in such county and for the purposes specified in divisions (A)(2)	62573
and (3) of this section. Each county shall use money retained	62574
under divisions (A)(2) and (3) of this section only for the	62575
purposes specified in those divisions.	62576

Sec. 3701.0211. (A) There is hereby created the hemophilia	62577
advisory council in the department of health. The council shall	62578
consist of the following members:	62579

(1) The following nonvoting members:

62580

(a) The director of health or the director's designee;

62581

(b) The superintendent of insurance or the superintendent's	62582
designee;	62583

(c) A representative of the department of job and family	62584
services.	62585

(2) The following voting members, to be appointed by the	62586
governor with the advice and consent of the senate:	62587

(a) Two individuals authorized under Chapter 4731. of the	62588
Revised Code to practice medicine and surgery or osteopathic	62589
medicine and surgery who are currently treating patients with	62590
hemophilia or related bleeding disorders, one of whom specializes	62591
in pediatrics and one of whom specializes in the treatment of	62592
adults;	62593

(b) An individual licensed under Chapter 4723. of the Revised	62594
Code to practice nursing who is currently treating patients with	62595
hemophilia or related bleeding disorders;	62596

(c) An individual licensed under Chapter 4757. of the Revised	62597
Code as an independent social worker or social worker who is	62598
currently treating patients with hemophilia or related bleeding	62599
disorders;	62600

(d) A representative of a federally funded hemophilia	62601
treatment center;	62602

(e) A representative of a health insuring corporation that	62603
holds a certificate of authority issued under Chapter 1751. of the	62604
Revised Code or a company authorized under Chapter 3923. of the	62605
Revised Code to do the business of sickness and accident insurance	62606
in this state;	62607

(f) A representative of an Ohio chapter of the national	62608
hemophilia foundation that serves the community of persons with	62609
hemophilia and related bleeding disorders community;	62610

(g) An adult with hemophilia or caregiver of an adult with	62611
hemophilia;	62612

(h) A caregiver of a minor with hemophilia;

62613

(i) A person with a bleeding disorder other than hemophilia	62614
or caregiver of a person with a bleeding disorder other than	62615
hemophilia;	62616

(j) A person with hemophilia who is a member of the Amish	62617
sect or a health professional currently treating persons with	62618
hemophilia who are members of the Amish sect.	62619

(B) Not later than ninety days after the effective date of	62620
this section, the governor shall make initial appointments to the	62621
council. Of the initial appointments, four shall be for terms	62622
ending two years after the effective date of this section, four	62623
shall be for terms ending three years after that date, and three	62624
shall be for terms ending four years after that date. Thereafter,	62625
terms of office shall be two years, with each term ending on the	62626
same day of the same month as the term it succeeds. Each member	62627
shall hold office from the date of appointment until the end of	62628
the term for which the member was appointed. Members may be	62629
reappointed.	62630

Vacancies shall be filled in the same manner as original	62631
appointments. Any member appointed to fill a vacancy occurring	62632
prior to the expiration of the term for which the member's	62633
predecessor was appointed shall hold office for the remainder of	62634
that term. A member shall continue in office subsequent to the	62635
expiration date of the member's term until the member's successor	62636
takes office or until a period of sixty days has elapsed,	62637
whichever occurs first.	62638

(C) The voting members shall elect from among the council's	62639
members a chairperson who shall serve a one-year term. The council	62640
shall meet at the call of the chairperson, but not less than four	62641
times each year. A majority of the members of the council	62642
constitutes a quorum.	62643

(D) Members shall serve without compensation, but may be	62644
reimbursed for actual and necessary expenses incurred in the	62645
performance of their duties.	62646

(E) The council shall advise the director of health on all of	62647
the following:	62648

(1) Reviewing the impact of changes to both of the following:

62649

(a) Existing programs for persons with hemophilia and related	62650
bleeding disorders;	62651

(b) Existing policies for persons with hemophilia and	62652
related bleeding disorders.	62653

(2) Developing standards of care and standards of treatment	62654
for persons with hemophilia and related bleeding disorders;	62655

(3) Developing programs of care and programs of treatment for	62656
persons with hemophilia and related bleeding disorders, including	62657
self-administration of medication, home care, medical and dental	62658
procedures, and techniques designed to provide maximum control	62659
over bleeding episodes;	62660

(4) Reviewing data and making recommendations regarding the	62661
ability of persons with hemophilia and related bleeding disorders	62662
to obtain appropriate health insurance coverage and access to	62663
appropriate care;	62664

(5) Coordinating with other state agencies and private	62665
organizations to develop community-based initiatives to increase	62666
awareness of hemophilia and related bleeding disorders.	62667

(F) The council shall annually submit to the governor and	62668
general assembly a report with recommendations on increasing	62669
access to care and treatment and obtaining appropriate health	62670
insurance coverage for persons with hemophilia and related	62671
bleeding disorders.	62672

Sec. 3701.045. (A) The department of health, in consultation	62673
with the children's trust fund board established under section	62674
3109.15 of the Revised Code and any bodies acting as child	62675
fatality review boards on ~~the effective date of this section~~	62676
October 5, 2000, shall adopt rules in accordance with Chapter 119.	62677
of the Revised Code that establish a procedure for child fatality	62678
review boards to follow in conducting a review of the death of a	62679
child. The rules shall do all of the following:	62680

(1) Establish the format for the annual reports required by	62681
section 307.626 of the Revised Code;	62682

(2) Establish guidelines for a child fatality review board to	62683
follow in compiling statistics for annual reports so that the	62684
reports do not contain any information that would permit any	62685
person's identity to be ascertained from a report;	62686

(3) Establish guidelines for a child fatality review board to	62687
follow in creating and maintaining the comprehensive database of	62688
child deaths required by section 307.623 of the Revised Code,	62689
including provisions establishing uniform record-keeping	62690
procedures;	62691

(4) Establish guidelines for reporting child fatality review	62692
data to the department of health or a national child death review	62693
database, either of which must maintain the confidentiality of	62694
information that would permit a person's identity to be	62695
ascertained;	62696

(5) Establish guidelines, materials, and training to help	62697
educate members of child fatality review boards about the purpose	62698
of the review process and the confidentiality of the information	62699
described in section 307.629 of the Revised Code and to make them	62700
aware that such information is not a public record under section	62701
149.43 of the Revised Code.	62702

(B) On or before the thirtieth day of September of each year,	62703
the department of health and the children's trust fund board	62704
jointly shall prepare and publish a report organizing and setting	62705
forth the data from the department of health child death review	62706
database or the national child death review database, data in all	62707
the reports provided by child fatality review boards in their	62708
annual reports for the previous calendar year, and ~~recommending~~	62709
recommendations for any changes to law and policy that might	62710
prevent future deaths. The department and the children's trust	62711
fund board jointly shall provide a copy of the report to the	62712
governor, the speaker of the house of representatives, the	62713
president of the senate, the minority leaders of the house of	62714
representatives and the senate, each county or regional child	62715
fatality review board, and each county or regional family and	62716
children first council.	62717

Sec. 3701.07. (A) The public health council shall adopt	62718
rules in accordance with Chapter 119. of the Revised Code defining	62719
and classifying hospitals and dispensaries and providing for the	62720
reporting of information by hospitals and dispensaries. Except as	62721
otherwise provided in the Revised Code, the rules providing for	62722
the reporting of information shall not require inclusion of any	62723
confidential patient data or any information concerning the	62724
financial condition, income, expenses, or net worth of the	62725
facilities other than that financial information already contained	62726
in those portions of the medicare or medicaid cost report that is	62727
necessary for the department of health to certify the per diem	62728
cost under section 3701.62 of the Revised Code. The rules may	62729
require the reporting of information in the following categories:	62730

(1) Information needed to identify and classify the	62731
institution;	62732

(2) Information on facilities and type and volume of services	62733
provided by the institution;	62734

(3) The number of beds listed by category of care provided;

62735

(4) The number of licensed or certified professional	62736
employees by classification;	62737

(5) The number of births that occurred at the institution the	62738
previous calendar year;	62739

(6) Any other information that the council considers relevant	62740
to the safety of patients served by the institution.	62741

Every hospital and dispensary, public or private, annually	62742
shall register with and report to the department of health.	62743
Reports shall be submitted in the manner prescribed in rules	62744
adopted under this division.	62745

(B) Every governmental entity or private nonprofit	62746
corporation or association whose employees or representatives are	62747
defined as residents' rights advocates under divisions (E)(1) and	62748
(2) of section 3721.10 or division (A)(10) of section 3722.01 of	62749
the Revised Code shall register with the department of health on	62750
forms furnished by the director of health and shall provide such	62751
reasonable identifying information as the director may prescribe.	62752

The department shall compile a list of the governmental	62753
entities, corporations, or associations registering under this	62754
division and shall update the list annually. Copies of the list	62755
shall be made available to nursing home administrators as defined	62756
in division (C) of section 3721.10 of the Revised Code and to	62757
adult care facility managers as defined in section 3722.01 of the	62758
Revised Code.	62759

~~(C) Every governmental entity or private nonprofit~~	62760
~~corporation or association whose employees or representatives act~~	62761
~~as residents' rights advocates for community alternative homes~~	62762
~~pursuant to section 3724.08 of the Revised Code shall register~~	62763
~~with the department of health on forms furnished by the director~~	62764
~~of health and shall provide such reasonable identifying~~	62765
~~information as the director may prescribe.~~	62766

~~The department shall compile a list of the governmental~~	62767
~~entities, corporations, and associations registering under this~~	62768
~~division and shall update the list annually. Copies of the list~~	62769
~~shall be made available to operators or residence managers of~~	62770
~~community alternative homes as defined in section 3724.01 of the~~	62771
~~Revised Code.~~	62772

Sec. 3701.136. (A) There is hereby created the sickle cell	62773
anemia advisory committee. The committee shall assist the	62774
director of health in fulfilling the director's duties under	62775
section 3701.131 of the Revised Code.	62776

(B) The director shall appoint five members to the committee	62777
who are familiar with sickle cell anemia, including researchers,	62778
health care professionals, and persons personally affected by	62779
sickle cell anemia.	62780

Not later than ninety days after the effective date of this	62781
section, the director shall make initial appointments to the	62782
committee. Of the initial appointments, one shall be for a term	62783
ending one year after the effective date of this section, two	62784
shall be for terms ending two years after that date, and two shall	62785
be for terms ending three years after that date. Thereafter, terms	62786
of office shall be three years, with each term ending on the same	62787
day of the same month as did the term that it succeeds. Each	62788
member shall hold office from the date of appointment until the	62789
end of the term for which the member was appointed. Members may be	62790
reappointed.	62791

Vacancies shall be filled in the same manner as original	62792
appointments. Any member appointed to fill a vacancy occurring	62793
prior to the expiration of the term for which the member's	62794
predecessor was appointed shall hold office for the remainder of	62795
that term. A member shall continue in office subsequent to the	62796
expiration date of the member's term until the member's successor	62797
takes office or until a period of sixty days has elapsed,	62798
whichever occurs first.	62799

Members of the committee shall serve without compensation,	62800
but may be reimbursed for actual and necessary expenses incurred	62801
in the performance of their duties.	62802

(C) The committee shall annually select from among its	62803
members a chairperson. The committee shall meet at the call of the	62804
chairperson, but not less than twice each year. A majority of the	62805
members of the committee constitutes a quorum.	62806

Sec. 3701.344. As used in this section and sections	62807
3701.345, 3701.346, and 3701.347 of the Revised Code:	62808

(A) "Private water system" means any water system for the	62809
provision of water for human consumption, if such system has fewer	62810
than fifteen service connections and does not regularly serve an	62811
average of at least twenty-five individuals daily at least sixty	62812
days out of the year. A private water system includes any well,	62813
spring, cistern, pond, or hauled water and any equipment for the	62814
collection, transportation, filtration, disinfection, treatment,	62815
or storage of such water extending from and including the source	62816
of the water to the point of discharge from any pressure tank or	62817
other storage vessel; to the point of discharge from the water	62818
pump where no pressure tank or other storage vessel is present;	62819
or, in the case of multiple service connections serving more than	62820
one dwelling, to the point of discharge from each service	62821
connection. ~~A private~~"Private water system" does not include the	62822
water service line extending from the point of discharge to a	62823
structure.	62824

(B) Notwithstanding section 3701.347 of the Revised Code and	62825
subject to division (C) of this section, rules adopted by the	62826
public health council regarding private water systems shall	62827
provide for the following:	62828

(1) Except as otherwise provided in this division, boards of	62829
health of city or general health districts shall be given the	62830
exclusive power to establish fees in accordance with section	62831
3709.09 of the Revised Code for administering and enforcing such	62832
rules. Such fees shall establish a different rate for	62833
administering and enforcing the rules relative to private water	62834
systems serving single-family dwelling houses and nonsingle-family	62835
dwelling houses. Except for an amount established by the public	62836
health council, pursuant to division (B)(5) of this section, for	62837
each new private water system installation, no portion of any fee	62838
for administering and enforcing such rules shall be returned to	62839
the department of health. If the director of health determines	62840
that a board of health of a city or general health district is	62841
unable to administer and enforce a private water system program in	62842
the district, the director shall administer and enforce such a	62843
program in the district and establish fees for such administration	62844
and enforcement.	62845

(2) Boards of health of city or general health districts	62846
shall be given the exclusive power to determine the number of	62847
inspections necessary for determining the safe drinking	62848
characteristics of a private water system.	62849

(3) Private water systems contractors, as a condition of	62850
doing business in this state, shall annually register with, and	62851
comply with surety bonding requirements of, the department of	62852
health. No such contractor shall be permitted to register if he	62853
the contractor fails to comply with all applicable rules adopted	62854
by the public health council and the board of health of the city	62855
or general health district. The annual registration fee for	62856
private water systems contractors shall be sixty-five dollars. The	62857
public health council, by rule adopted in accordance with Chapter	62858
119. of the Revised Code, may increase the annual registration	62859
fee. Before January 1, 1993, the fee shall not be increased by	62860
more than fifty per cent of the amount prescribed by this section.	62861

(4) Boards of health of city or general health districts	62862
subject to such rules of the public health council shall have the	62863
option of determining whether bacteriological examinations shall	62864
be performed at approved laboratories of the state or at approved	62865
private laboratories.	62866

(5) The public health council may establish fees for each new	62867
private water system installation, which shall be collected by the	62868
appropriate ~~city or general health district~~board of health and	62869
~~returned~~transmitted to the ~~department~~director of health	62870
pursuant to section 3709.092 of the Revised Code.	62871

(6) All fees ~~collected~~received by the director of health	62872
under divisions (B)(1), (3), and (5) of this section shall be	62873
deposited in the state treasury to the credit of the general	62874
operations fund created in section 3701.83 of the Revised Code	62875
for use in the administration and enforcement of sections	62876
3701.344 to 3701.347 of the Revised Code and the rules pertaining	62877
to private water systems adopted under those sections or section	62878
3701.34 of the Revised Code.	62879

(C) To the extent that rules adopted under division (B) of	62880
this section require health districts to follow specific	62881
procedures or use prescribed forms, no such procedure or form	62882
shall be implemented until it is approved by majority vote of an	62883
approval board of health commissioners, hereby created. Members of	62884
the board shall be the officers of the association of Ohio health	62885
commissioners, or any successor organization, and membership on	62886
the board shall be coterminous with holding an office of the	62887
association. No health district is required to follow a procedure	62888
or use a form required by a rule adopted under division (B) of	62889
this section without the approval of the board.	62890

(D) A board of health shall collect well log filing fees on	62891
behalf of the division of soil and water resources in the	62892
department of natural resources in accordance with section	62893
1521.05 of the Revised Code and rules adopted under it. The fees	62894
shall be submitted to the division quarterly as provided in those	62895
rules.	62896

Sec. 3701.611. (A) The governor shall create the help me	62897
grow advisory council in accordance with 20 U.S.C. 1441, which	62898
shall serve as the state interagency coordinating council, as	62899
described in 20 U.S.C. 1441. Members of the council shall	62900
reasonably represent the population of this state. The governor	62901
shall appoint as a member of the council a representative of a	62902
board of health of a city or general health district or an	62903
authority having the duties of a board of health under section	62904
3709.05 of the Revised Code.	62905

The governor shall appoint one of the council members to	62906
serve as chairperson of the council, or the governor may delegate	62907
appointment of the chairperson to the council. No member of the	62908
council representing the department of health shall serve as	62909
chairperson.	62910

(B) The council shall meet at least once in each quarter of	62911
the calendar year. The chairperson may call additional meetings if	62912
necessary.	62913

(C) A member of the council shall not vote on any matter that	62914
is likely to provide a direct financial benefit to that member or	62915
otherwise be a conflict of interest.	62916

(D) The governor may reimburse members of the council for	62917
actual and necessary expenses incurred in the performance of their	62918
official duties, including child care for the parent	62919
representatives described in 20 U.S.C. 1441(b)(1)(A). The governor	62920
also may compensate members of the council who are not employed or	62921
who must forfeit wages from other employment when performing	62922
official council business.	62923

(E) The department of health shall serve as the "lead	62924
agency," as described by 20 U.S.C. 1435(a)(10).	62925

(F) The help me grow advisory council shall do all of the	62926
following:	62927

(1) Advise and assist the department of health in the	62928
performance of the responsibilities described in 20 U.S.C.	62929
1435(a)(10), including the following:	62930

(a) Identification of the sources of fiscal and other support	62931
for services for early intervention programs;	62932

(b) Assignment of financial responsibility to the appropriate	62933
agency, in accordance with 20 U.S.C. 1437(a)(2);	62934

(c) Promotion of formal interagency agreements that define	62935
the financial responsibility of each agency for paying for early	62936
intervention services and procedures for resolving disputes;	62937

(2) Advise and assist the department of health in the	62938
preparation and amendment of applications related to the	62939
department of health's responsibilities described in 20 U.S.C.	62940
1435(a)(10);	62941

(3) Advise and assist the department of education regarding	62942
the transition of toddlers with disabilities to preschool and	62943
other appropriate services;	62944

(4) Prepare and submit an annual report to the governor,	62945
before the thirtieth day of September, on the status of early	62946
intervention programs for infants and toddlers with disabilities	62947
and their families operated within this state during the most	62948
recent fiscal year.	62949

(G) The help me grow advisory council may advise and assist	62950
the department of health and the department of education regarding	62951
the provision of appropriate services for children age five and	62952
younger. The council may advise appropriate agencies about the	62953
integration of services for infants and toddlers with	62954
disabilities, and at-risk infants and toddlers and their families,	62955
regardless of whether at-risk infants and toddlers are eligible	62956
for early intervention services.	62957

Sec. 3701.78. (A) There is hereby created the commission on	62958
minority health, consisting of ~~eighteen~~twenty-one members. The	62959
governor shall appoint to the commission nine members from among	62960
health researchers, health planners, and health professionals. The	62961
governor also shall appoint two members who are representatives of	62962
the lupus awareness and education program. The speaker of the	62963
house of representatives shall appoint to the commission two	62964
members of the house of representatives, not more than one of whom	62965
is a member of the same political party, and the president of the	62966
senate shall appoint to the commission two members of the senate,	62967
not more than one of whom is a member of the same political party.	62968
The directors of health, mental health, mental retardation and	62969
developmental disabilities, alcohol and drug addiction services,	62970
and job and family services, or their designees, and the	62971
superintendent of public instruction, or the superintendent's	62972
designee, shall be members of the commission. The commission	62973
shall elect a chairperson from among its members. Of the members	62974
appointed by the governor, five shall be appointed to initial	62975
terms of one year, and four shall be appointed to initial terms	62976
of two years. Thereafter, all members appointed by the governor	62977
shall be appointed to terms of two years. All members of the	62978
commission appointed by the speaker of the house of	62979
representatives or the president of the senate shall be nonvoting	62980
members of the commission and be appointed within thirty days	62981
after the commencement of the first regular session of each	62982
general assembly, and shall serve until the expiration of the	62983
session of the general assembly during which they were appointed.	62984
Members of the commission shall serve without compensation, but	62985
shall be reimbursed for the actual and necessary expenses they	62986
incur in the performance of their official duties.	62987

(B) The commission shall promote health and the prevention of	62988
disease among members of minority groups. Each year the commission	62989
shall distribute grants from available funds to community-based	62990
health groups to be used to promote health and the prevention of	62991
disease among members of minority groups. As used in this	62992
division, "minority group" means any of the following economically	62993
disadvantaged groups: Blacks, American Indians, Hispanics, and	62994
Orientals. The commission shall adopt and maintain rules pursuant	62995
to Chapter 119. of the Revised Code to provide for the	62996
distribution of these grants. No group shall qualify to receive a	62997
grant from the commission unless it receives at least twenty per	62998
cent of its funds from sources other than grants distributed under	62999
this section.	63000

(C) The commission may appoint such employees as it considers	63001
necessary to carry out its duties under this section. The	63002
department of health shall provide office space for the	63003
commission.	63004

(D) The commission shall meet at the call of its chairperson	63005
to conduct its official business. A majority of the voting members	63006
of the commission constitute a quorum. The votes of at least eight	63007
voting members of the commission are necessary for the commission	63008
to take any official action or to approve the distribution of	63009
grants under this section.	63010

Sec. 3701.84. The department of health may prepare a plan	63011
to reduce tobacco use by Ohioans, with emphasis on reducing the	63012
use of tobacco by youth, minority and regional populations,	63013
pregnant women, and others who may be disproportionately affected	63014
by the use of tobacco. The plan may provide for periodic surveys	63015
to measure tobacco use and behavior toward tobacco use by	63016
Ohioans. If the department prepares a plan, copies of the plan	63017
shall be available to the public.	63018

The plan may also describe youth tobacco consumption	63019
prevention programs to be eligible for consideration for grants	63020
from the department and may set forth the criteria by which	63021
applications for grants for such programs will be considered by	63022
the department. Programs eligible for consideration may include:	63023

(A) Media campaigns directed to youth to prevent underage	63024
tobacco consumption;	63025

(B) School-based education programs to prevent youth tobacco	63026
consumption;	63027

(C) Community-based youth programs involving youth tobacco	63028
consumption prevention through general youth development;	63029

(D) Retailer education and compliance efforts to prevent	63030
youth tobacco consumption;	63031

(E) Mentoring programs designed to prevent or reduce tobacco	63032
use by students.	63033

Pursuant to the plan, the department may carry out, or	63034
provide funding for private or public agencies to carry out,	63035
research and programs related to tobacco use prevention and	63036
cessation. If the department provides such funding, the department	63037
shall establish an objective process to determine which research	63038
and program proposals to fund. When appropriate, proposals for	63039
research shall be peer-reviewed. No program shall be carried out	63040
or funded by the department unless there is research that	63041
indicates that the program is likely to achieve the results	63042
desired. All research and programs funded by the department shall	63043
be goal-oriented and independently and objectively evaluated	63044
annually on whether it is meeting its goals. The department shall	63045
contract for such evaluations and shall adopt rules under Chapter	63046
119. of the Revised Code regarding conflicts of interest in the	63047
research and programs it funds.	63048

The department may form a nonprofit corporation pursuant to	63049
Chapter 1702. of the Revised Code for the purpose of raising money	63050
to aid the department pursuant to this section.	63051

The department shall endeavor to coordinate its research and	63052
programs with the efforts of other agencies of this state to	63053
reduce tobacco use by Ohioans. Any state agency that conducts a	63054
survey that measures tobacco use or behavior toward tobacco use by	63055
Ohioans shall share the results of the survey with the department.	63056

The department may adopt rules under Chapter 119. of the	63057
Revised Code as necessary to implement this section.	63058

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	63059
Revised Code:	63060

(A) "Applicant" means any person that submits an application	63061
for a certificate of need and who is designated in the application	63062
as the applicant.	63063

(B) "Person" means any individual, corporation, business	63064
trust, estate, firm, partnership, association, joint stock	63065
company, insurance company, government unit, or other entity.	63066

(C) "Certificate of need" means a written approval granted by	63067
the director of health to an applicant to authorize conducting a	63068
reviewable activity.	63069

(D) "Health service area" means a geographic region	63070
designated by the director of health under section 3702.58 of the	63071
Revised Code.	63072

(E) "Health service" means a clinically related service, such	63073
as a diagnostic, treatment, rehabilitative, or preventive service.	63074

(F) "Health service agency" means an agency designated to	63075
serve a health service area in accordance with section 3702.58 of	63076
the Revised Code.	63077

(G) "Health care facility" means:

63078

(1) A hospital registered under section 3701.07 of the	63079
Revised Code;	63080

(2) A nursing home licensed under section 3721.02 of the	63081
Revised Code, or by a political subdivision certified under	63082
section 3721.09 of the Revised Code;	63083

(3) A county home or a county nursing home as defined in	63084
section 5155.31 of the Revised Code that is certified under Title	63085
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	63086
U.S.C.A. 301, as amended;	63087

(4) A freestanding dialysis center;

63088

(5) A freestanding inpatient rehabilitation facility;

63089

(6) An ambulatory surgical facility;

63090

(7) A freestanding cardiac catheterization facility;

63091

(8) A freestanding birthing center;

63092

(9) A freestanding or mobile diagnostic imaging center;

63093

(10) A freestanding radiation therapy center.

63094

A health care facility does not include the offices of	63095
private physicians and dentists whether for individual or group	63096
practice, residential facilities licensed under section 5123.19 of	63097
the Revised Code, or an institution for the sick that is operated	63098
exclusively for patients who use spiritual means for healing and	63099
for whom the acceptance of medical care is inconsistent with their	63100
religious beliefs, accredited by a national accrediting	63101
organization, exempt from federal income taxation under section	63102
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	63103
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	63104
care pursuant to the exemption in division (E) of section 4723.32	63105
of the Revised Code from the licensing requirements of Chapter	63106
4723. of the Revised Code.	63107

(H) "Medical equipment" means a single unit of medical	63108
equipment or a single system of components with related functions	63109
that is used to provide health services.	63110

(I) "Third-party payer" means a health insuring corporation	63111
licensed under Chapter 1751. of the Revised Code, a health	63112
maintenance organization as defined in division (K) of this	63113
section, an insurance company that issues sickness and accident	63114
insurance in conformity with Chapter 3923. of the Revised Code, a	63115
state-financed health insurance program under Chapter 3701.,	63116
4123., or 5111. of the Revised Code, or any self-insurance plan.	63117

(J) "Government unit" means the state and any county,	63118
municipal corporation, township, or other political subdivision of	63119
the state, or any department, division, board, or other agency of	63120
the state or a political subdivision.	63121

(K) "Health maintenance organization" means a public or	63122
private organization organized under the law of any state that is	63123
qualified under section 1310(d) of Title XIII of the "Public	63124
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	63125

(L) "Existing health care facility" means either of the	63126
following:	63127

(1) A health care facility that is licensed or otherwise	63128
authorized to operate in this state in accordance with applicable	63129
law, including a county home or a county nursing home that is	63130
certified as of February 1, 2008, under Title XVIII or Title XIX	63131
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	63132
as amended, is staffed and equipped to provide health care	63133
services, and is actively providing health services;	63134

(2) A health care facility that is licensed or otherwise	63135
authorized to operate in this state in accordance with applicable	63136
law, including a county home or a county nursing home that is	63137
certified as of February 1, 2008, under Title XVIII or Title XIX	63138
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	63139
as amended, or that has beds registered under section 3701.07 of	63140
the Revised Code as skilled nursing beds or long-term care beds	63141
and has provided services for at least three hundred sixty-five	63142
consecutive days within the twenty-four months immediately	63143
preceding the date a certificate of need application is filed with	63144
the director of health.	63145

(M) "State" means the state of Ohio, including, but not	63146
limited to, the general assembly, the supreme court, the offices	63147
of all elected state officers, and all departments, boards,	63148
offices, commissions, agencies, institutions, and other	63149
instrumentalities of the state of Ohio. "State" does not include	63150
political subdivisions.	63151

(N) "Political subdivision" means a municipal corporation,	63152
township, county, school district, and all other bodies corporate	63153
and politic responsible for governmental activities only in	63154
geographic areas smaller than that of the state to which the	63155
sovereign immunity of the state attaches.	63156

(O) "Affected person" means:

63157

(1) An applicant for a certificate of need, including an	63158
applicant whose application was reviewed comparatively with the	63159
application in question;	63160

(2) The person that requested the reviewability ruling in	63161
question;	63162

(3) Any person that resides or regularly uses health care	63163
facilities within the geographic area served or to be served by	63164
the health care services that would be provided under the	63165
certificate of need or reviewability ruling in question;	63166

(4) Any health care facility that is located in the health	63167
service area where the health care services would be provided	63168
under the certificate of need or reviewability ruling in question;	63169

(5) Third-party payers that reimburse health care facilities	63170
for services in the health service area where the health care	63171
services would be provided under the certificate of need or	63172
reviewability ruling in question;	63173

(6) Any other person who testified at a public hearing held	63174
under division (B) of section 3702.52 of the Revised Code or	63175
submitted written comments in the course of review of the	63176
certificate of need application in question.	63177

(P) "Osteopathic hospital" means a hospital registered under	63178
section 3701.07 of the Revised Code that advocates osteopathic	63179
principles and the practice and perpetuation of osteopathic	63180
medicine by doing any of the following:	63181

(1) Maintaining a department or service of osteopathic	63182
medicine or a committee on the utilization of osteopathic	63183
principles and methods, under the supervision of an osteopathic	63184
physician;	63185

(2) Maintaining an active medical staff, the majority of	63186
which is comprised of osteopathic physicians;	63187

(3) Maintaining a medical staff executive committee that has	63188
osteopathic physicians as a majority of its members.	63189

(Q) "Ambulatory surgical facility" has the same meaning as in	63190
section 3702.30 of the Revised Code.	63191

(R) ~~Except as otherwise provided in division (T) of this~~	63192
~~section, and until the termination date specified in section~~	63193
~~3702.511 of the Revised Code, "reviewable activity" means any of~~	63194
~~the following:~~	63195

~~(1) The addition by any person of any of the following health~~	63196
~~services, regardless of the amount of operating costs or capital~~	63197
~~expenditures:~~	63198

~~(a) A heart, heart-lung, lung, liver, kidney, bowel,~~	63199
~~pancreas, or bone marrow transplantation service, a stem cell~~	63200
~~harvesting and reinfusion service, or a service for~~	63201
~~transplantation of any other organ unless transplantation of the~~	63202
~~organ is designated by public health council rule not to be a~~	63203
~~reviewable activity;~~	63204

~~(b) A cardiac catheterization service;~~

63205

~~(c) An open-heart surgery service;~~

63206

~~(d) Any new, experimental medical technology that is~~	63207
~~designated by rule of the public health council.~~	63208

~~(2) The acceptance of high-risk patients, as defined in rules~~	63209
~~adopted under section 3702.57 of the Revised Code, by any cardiac~~	63210
~~catheterization service that was initiated without a certificate~~	63211
~~of need pursuant to division (R)(3)(b) of the version of this~~	63212
~~section in effect immediately prior to April 20, 1995;~~	63213

~~(3)(a) The establishment, development, or construction of a~~	63214
~~new health care facility other than a new long-term care facility~~	63215
~~or a new hospital;~~	63216

~~(b) The establishment, development, or construction of a new~~	63217
~~hospital or the relocation of an existing hospital;~~	63218

~~(c) The relocation of hospital beds, other than long-term~~	63219
~~care, perinatal, or pediatric intensive care beds, into or out of~~	63220
~~a rural area.~~	63221

~~(4)(a) The replacement of an existing hospital;~~

63222

~~(b) The replacement of an existing hospital obstetric or~~	63223
~~newborn care unit or freestanding birthing center.~~	63224

~~(5)(a) The renovation of a hospital that involves a capital~~	63225
~~expenditure, obligated on or after June 30, 1995, of five million~~	63226
~~dollars or more, not including expenditures for equipment,~~	63227
~~staffing, or operational costs. For purposes of division (R)(5)(a)~~	63228
~~of this section, a capital expenditure is obligated:~~	63229

~~(i) When a contract enforceable under Ohio law is entered~~	63230
~~into for the construction, acquisition, lease, or financing of a~~	63231
~~capital asset;~~	63232

~~(ii) When the governing body of a hospital takes formal~~	63233
~~action to commit its own funds for a construction project~~	63234
~~undertaken by the hospital as its own contractor;~~	63235

~~(iii) In the case of donated property, on the date the gift~~	63236
~~is completed under applicable Ohio law.~~	63237

~~(b) The renovation of a hospital obstetric or newborn care~~	63238
~~unit or freestanding birthing center that involves a capital~~	63239
~~expenditure of five million dollars or more, not including~~	63240
~~expenditures for equipment, staffing, or operational costs.~~	63241

~~(6) Any change in the health care services, bed capacity, or~~	63242
~~site, or any other failure to conduct the reviewable activity in~~	63243
~~substantial accordance with the approved application for which a~~	63244
~~certificate of need was granted, if the change is made prior to~~	63245
~~the date the activity for which the certificate was issued ceases~~	63246
~~to be a reviewable activity;~~	63247

~~(7) Any of the following changes in perinatal bed capacity or~~	63248
~~pediatric intensive care bed capacity:~~	63249

~~(a) An increase in bed capacity;~~

63250

~~(b) A change in service or service-level designation of~~	63251
~~newborn care beds or obstetric beds in a hospital or freestanding~~	63252
~~birthing center, other than a change of service that is provided~~	63253
~~within the service-level designation of newborn care or obstetric~~	63254
~~beds as registered by the department of health;~~	63255

~~(c) A relocation of perinatal or pediatric intensive care~~	63256
~~beds from one physical facility or site to another, excluding the~~	63257
~~relocation of beds within a hospital or freestanding birthing~~	63258
~~center or the relocation of beds among buildings of a hospital or~~	63259
~~freestanding birthing center at the same site.~~	63260

~~(8) The expenditure of more than one hundred ten per cent of~~	63261
~~the maximum expenditure specified in a certificate of need;~~	63262

~~(9) Any transfer of a certificate of need issued prior to~~	63263
~~April 20, 1995, from the person to whom it was issued to another~~	63264
~~person before the project that constitutes a reviewable activity~~	63265
~~is completed, any agreement that contemplates the transfer of a~~	63266
~~certificate of need issued prior to that date upon completion of~~	63267
~~the project, and any transfer of the controlling interest in an~~	63268
~~entity that holds a certificate of need issued prior to that date.~~	63269
~~However, the transfer of a certificate of need issued prior to~~	63270
~~that date or agreement to transfer such a certificate of need from~~	63271
~~the person to whom the certificate of need was issued to an~~	63272
~~affiliated or related person does not constitute a reviewable~~	63273
~~transfer of a certificate of need for the purposes of this~~	63274
~~division, unless the transfer results in a change in the person~~	63275
~~that holds the ultimate controlling interest in the certificate of~~	63276
~~need.~~	63277

~~(10)(a) The acquisition by any person of any of the following~~	63278
~~medical equipment, regardless of the amount of operating costs or~~	63279
~~capital expenditure:~~	63280

~~(i) A cobalt radiation therapy unit;~~

63281

~~(ii) A linear accelerator;~~

63282

~~(iii) A gamma knife unit.~~

63283

~~(b) The acquisition by any person of medical equipment with a~~	63284
~~cost of two million dollars or more. The cost of acquiring medical~~	63285
~~equipment includes the sum of the following:~~	63286

~~(i) The greater of its fair market value or the cost of its~~	63287
~~lease or purchase;~~	63288

~~(ii) The cost of installation and any other activities~~	63289
~~essential to the acquisition of the equipment and its placement~~	63290
~~into service.~~	63291

~~(11) The addition of another cardiac catheterization~~	63292
~~laboratory to an existing cardiac catheterization service.~~	63293

~~(S)~~ Except as provided in division ~~(T)~~(S) of this section,	63294
"reviewable activity" ~~also~~ means any of the following activities,	63295
~~none of which are subject to a termination date~~:	63296

(1) The establishment, development, or construction of a new	63297
long-term care facility;	63298

(2) The replacement of an existing long-term care facility;

63299

(3) The renovation of a long-term care facility that involves	63300
a capital expenditure of two million dollars or more, not	63301
including expenditures for equipment, staffing, or operational	63302
costs;	63303

(4) ~~Any~~Either of the following changes in long-term care bed	63304
capacity:	63305

(a) An increase in bed capacity;

63306

(b) A relocation of beds from one physical facility or site	63307
to another, excluding the relocation of beds within a long-term	63308
care facility or among buildings of a long-term care facility at	63309
the same site;	63310

~~(c) A recategorization of hospital beds registered under~~	63311
~~section 3701.07 of the Revised Code from another registration~~	63312
~~category to skilled nursing beds or long-term care beds~~.	63313

(5) Any change in the health services, bed capacity, or site,	63314
or any other failure to conduct the reviewable activity in	63315
substantial accordance with the approved application for which a	63316
certificate of need concerning long-term care beds was granted, if	63317
the change is made within five years after the implementation of	63318
the reviewable activity for which the certificate was granted;	63319

(6) The expenditure of more than one hundred ten per cent of	63320
the maximum expenditure specified in a certificate of need	63321
concerning long-term care beds;	63322

~~(7) Any transfer of a certificate of need that concerns~~	63323
~~long-term care beds and was issued prior to April 20, 1995, from~~	63324
~~the person to whom it was issued to another person before the~~	63325
~~project that constitutes a reviewable activity is completed, any~~	63326
~~agreement that contemplates the transfer of such a certificate of~~	63327
~~need upon completion of the project, and any transfer of the~~	63328
~~controlling interest in an entity that holds such a certificate of~~	63329
~~need. However, the transfer of a certificate of need that concerns~~	63330
~~long-term care beds and was issued prior to April 20, 1995, or~~	63331
~~agreement to transfer such a certificate of need from the person~~	63332
~~to whom the certificate was issued to an affiliated or related~~	63333
~~person does not constitute a reviewable transfer of a certificate~~	63334
~~of need for purposes of this division, unless the transfer results~~	63335
~~in a change in the person that holds the ultimate controlling~~	63336
~~interest in the certificate of need~~.	63337

~~(T)~~(S) "Reviewable activity" does not include any of the	63338
following activities:	63339

(1) Acquisition of computer hardware or software;

63340

(2) Acquisition of a telephone system;

63341

(3) Construction or acquisition of parking facilities;

63342

(4) Correction of cited deficiencies that are in violation of	63343
federal, state, or local fire, building, or safety laws and rules	63344
and that constitute an imminent threat to public health or safety;	63345

(5) Acquisition of an existing health care facility that does	63346
not involve a change in the number of the beds, by service, or in	63347
the number or type of health services;	63348

(6) Correction of cited deficiencies identified by	63349
accreditation surveys of the joint commission on accreditation of	63350
healthcare organizations or of the American osteopathic	63351
association;	63352

(7) Acquisition of medical equipment to replace the same or	63353
similar equipment for which a certificate of need has been issued	63354
if the replaced equipment is removed from service;	63355

(8) Mergers, consolidations, or other corporate	63356
reorganizations of health care facilities that do not involve a	63357
change in the number of beds, by service, or in the number or type	63358
of health services;	63359

(9) Construction, repair, or renovation of bathroom	63360
facilities;	63361

(10) Construction of laundry facilities, waste disposal	63362
facilities, dietary department projects, heating and air	63363
conditioning projects, administrative offices, and portions of	63364
medical office buildings used exclusively for physician services;	63365

(11) Acquisition of medical equipment to conduct research	63366
required by the United States food and drug administration or	63367
clinical trials sponsored by the national institute of health. Use	63368
of medical equipment that was acquired without a certificate of	63369
need under division ~~(T)~~(S)(11) of this section and for which	63370
premarket approval has been granted by the United States food and	63371
drug administration to provide services for which patients or	63372
reimbursement entities will be charged shall be a reviewable	63373
activity.	63374

(12) Removal of asbestos from a health care facility.

63375

Only that portion of a project that meets the requirements of	63376
this division ~~(T) of this section~~ is not a reviewable activity.	63377

~~(U)~~(T) "Small rural hospital" means a hospital that is	63378
located within a rural area, has fewer than one hundred beds, and	63379
to which fewer than four thousand persons were admitted during the	63380
most recent calendar year.	63381

~~(V)~~(U) "Children's hospital" means any of the following:

63382

(1) A hospital registered under section 3701.07 of the	63383
Revised Code that provides general pediatric medical and surgical	63384
care, and in which at least seventy-five per cent of annual	63385
inpatient discharges for the preceding two calendar years were	63386
individuals less than eighteen years of age;	63387

(2) A distinct portion of a hospital registered under section	63388
3701.07 of the Revised Code that provides general pediatric	63389
medical and surgical care, has a total of at least one hundred	63390
fifty registered pediatric special care and pediatric acute care	63391
beds, and in which at least seventy-five per cent of annual	63392
inpatient discharges for the preceding two calendar years were	63393
individuals less than eighteen years of age;	63394

(3) A distinct portion of a hospital, if the hospital is	63395
registered under section 3701.07 of the Revised Code as a	63396
children's hospital and the children's hospital meets all the	63397
requirements of division ~~(V)~~(U)(1) of this section.	63398

~~(W)~~(V) "Long-term care facility" means any of the following:

63399

(1) A nursing home licensed under section 3721.02 of the	63400
Revised Code or by a political subdivision certified under section	63401
3721.09 of the Revised Code;	63402

(2) The portion of any facility, including a county home or	63403
county nursing home, that is certified as a skilled nursing	63404
facility or a nursing facility under Title XVIII or XIX of the	63405
"Social Security Act";	63406

(3) The portion of any hospital that contains beds registered	63407
under section 3701.07 of the Revised Code as skilled nursing beds	63408
or long-term care beds.	63409

~~(X)~~(W) "Long-term care bed" means a bed in a long-term care	63410
facility.	63411

~~(Y) "Perinatal bed" means a bed in a hospital that is~~	63412
~~registered under section 3701.07 of the Revised Code as a newborn~~	63413
~~care bed or obstetric bed, or a bed in a freestanding birthing~~	63414
~~center.~~	63415

~~(Z)~~(X) "Freestanding birthing center" means any facility in	63416
which deliveries routinely occur, regardless of whether the	63417
facility is located on the campus of another health care facility,	63418
and which is not licensed under Chapter 3711. of the Revised Code	63419
as a level one, two, or three maternity unit or a limited	63420
maternity unit.	63421

~~(AA)~~(Y)(1) "Reviewability ruling" means a ruling issued by	63422
the director of health under division (A) of section 3702.52 of	63423
the Revised Code as to whether a particular proposed project is or	63424
is not a reviewable activity.	63425

(2) "Nonreviewability ruling" means a ruling issued under	63426
that division that a particular proposed project is not a	63427
reviewable activity.	63428

~~(BB)~~(Z)(1) "Metropolitan statistical area" means an area of	63429
this state designated a metropolitan statistical area or primary	63430
metropolitan statistical area in United States office of	63431
management and budget bulletin no. 93-17, June 30, 1993, and its	63432
attachments.	63433

(2) "Rural area" means any area of this state not located	63434
within a metropolitan statistical area.	63435

~~(CC)~~(AA) "County nursing home" has the same meaning as in	63436
section 5155.31 of the Revised Code.	63437

Sec. 3702.52. The director of health shall administer a	63438
state certificate of need program in accordance with sections	63439
3702.51 to 3702.62 of the Revised Code and rules adopted under	63440
those sections.	63441

(A) The director shall issue rulings on whether a particular	63442
proposed project is a reviewable activity. The director shall	63443
issue a ruling not later than forty-five days after receiving a	63444
request for a ruling accompanied by the information needed to make	63445
the ruling. If the director does not issue a ruling in that time,	63446
the project shall be considered to have been ruled not a	63447
reviewable activity.	63448

(B) The director shall review applications for certificates	63449
of need. Each application shall be submitted to the director on	63450
forms prescribed by the director, shall include all information	63451
required by rules adopted under division (B) of section 3702.57 of	63452
the Revised Code, and shall be accompanied by the application fee	63453
established in rules adopted under division (G) of that section.	63454

Application fees received by the director under this division	63455
shall be deposited into the state treasury to the credit of the	63456
certificate of need fund, which is hereby created. The director	63457
shall use the fund only to pay the costs of administering sections	63458
3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised	63459
Code and rules adopted under those sections.	63460

The director shall mail to the applicant a written notice	63461
that the application meets the criteria for a complete application	63462
specified in rules adopted under section 3702.57 of the Revised	63463
Code, or a written request for additional information, not later	63464
than thirty days after receiving an application or a response to	63465
an earlier request for information. The director shall not make	63466
more than two requests for additional information.	63467

The director may conduct a public informational hearing in	63468
the course of reviewing any application for a certificate of need,	63469
and shall conduct one if requested to do so by any affected person	63470
not later than fifteen days after the director mails the notice	63471
that the application is complete. The hearing shall be conducted	63472
in the community in which the activities authorized by the	63473
certificate of need would be carried out. Any affected person may	63474
testify at the hearing. The director may, with the health service	63475
agency's consent, designate a health service agency to conduct the	63476
hearing.	63477

Except during a public hearing or as necessary to comply with	63478
a subpoena issued under division ~~(F)~~(E) of this section, after a	63479
notice of completeness has been received, no person shall make	63480
revisions to information that was submitted to the director before	63481
the director mailed the notice of completeness or knowingly	63482
discuss in person or by telephone the merits of the application	63483
with the director. A person may supplement an application after a	63484
notice of completeness has been received by submitting clarifying	63485
information to the director. If one or more persons request a	63486
meeting in person or by telephone, the director shall make a	63487
reasonable effort to invite interested parties to the meeting or	63488
conference call.	63489

(C) All of the following apply to the process of granting or	63490
denying a certificate of need:	63491

(1) If the project proposed in a certificate of need	63492
application meets all of the applicable certificate of need	63493
criteria for approval under sections 3702.51 to 3702.62 of the	63494
Revised Code and the rules adopted under those sections, the	63495
director shall grant a certificate of need for all or part of the	63496
~~entire~~ project that is the subject of the application ~~immediately~~	63497
~~after both of the following conditions are met:~~	63498

~~(a) The board of trustees of the health service agency of the~~	63499
~~health service area in which the reviewable activity is proposed~~	63500
~~to be conducted recommends, prior to the deadline specified in~~	63501
~~division (C)(4) of this section or any extension of it under~~	63502
~~division (C)(5) of this section, that the certificate of need be~~	63503
~~granted;~~	63504

~~(b) The director does not receive any written objections to~~	63505
~~the application from any affected person by the thirtieth day~~	63506
~~after the director mails the notice of completeness~~by the	63507
applicable deadline specified in division (C)(4) of this section	63508
or any extension of it under division (C)(5) of this section.	63509

(2) ~~In the case of certificate of need applications under~~	63510
~~comparative review, if the projects proposed in the applications~~	63511
~~meet all of the applicable certificate of need criteria for~~	63512
~~approval under sections 3702.51 to 3702.62 of the Revised Code and~~	63513
~~the rules adopted under those sections, the director shall grant~~	63514
~~certificates of need for the entire projects that are the subject~~	63515
~~of the applications immediately after both of the following~~	63516
~~conditions are met:~~	63517

~~(a) The board of trustees of the health service agency of~~	63518
~~each health service area in which the reviewable activities are~~	63519
~~proposed to be conducted recommends, prior to the deadline~~	63520
~~specified in division (C)(4) of this section or any extension of~~	63521
~~it under division (C)(5) of this section, that certificates of~~	63522
~~need be granted for each of the reviewable activities to be~~	63523
~~conducted in its health service area;~~	63524

~~(b) The director does not receive any written objections to~~	63525
~~any of the applications from any affected person by the thirtieth~~	63526
~~day after the director mails the last notice of completeness.~~	63527

~~The~~The director's grant of a certificate of need ~~under~~	63528
~~division (C)(1) or (2) of this section~~ does not affect, and sets	63529
no precedent for, the director's decision to grant or deny other	63530
applications for similar reviewable activities proposed to be	63531
conducted in the same or different health service areas.	63532

(3) If the director receives written objections to an	63533
application from any affected person by the thirtieth day after	63534
mailing the notice of completeness, ~~regardless of the health~~	63535
~~service agency's recommendation,~~ the director shall notify the	63536
applicant and assign a hearing examiner to conduct an	63537
adjudication hearing concerning the application in accordance	63538
with Chapter 119. of the Revised Code. In the case of	63539
applications under comparative review, if the director receives	63540
written objections to any of the applications from any affected	63541
person by the thirtieth day after the director mails the last	63542
notice of completeness, ~~regardless of the health service agencies'~~	63543
~~recommendation,~~ the director shall notify all of the applicants	63544
and appoint a hearing examiner to conduct a consolidated	63545
adjudication hearing concerning the applications in accordance	63546
with Chapter 119. of the Revised Code. The hearing examiner shall	63547
be employed by or under contract with the department of health.	63548

The adjudication hearings may be conducted in the health	63549
service area in which the reviewable activity is proposed to be	63550
conducted. Consolidated adjudication hearings for applications in	63551
comparative review may be conducted in the geographic region in	63552
which all of the reviewable activities will be conducted. The	63553
applicant, the director, and the affected persons that filed	63554
objections to the application shall be parties to the hearing. If	63555
none of the affected persons that submitted written objections to	63556
the application appears or prosecutes the hearing, the hearing	63557
examiner shall dismiss the hearing and the director shall grant a	63558
certificate of need for all or part of the ~~entire~~ project that is	63559
the subject of the application if the proposed project meets all	63560
of the applicable certificate of need criteria for approval under	63561
sections 3702.51 to 3702.62 of the Revised Code and the rules	63562
adopted under those sections. The affected persons bear the burden	63563
of proving by a preponderance of evidence that the project is not	63564
needed or that granting the certificate would not be in accordance	63565
with sections 3702.51 to 3702.62 of the Revised Code or the rules	63566
adopted under those sections.	63567

(4) Except as provided in ~~divisions~~division (C)~~(1) and~~	63568
~~(2)~~(5) of this section, the director shall grant or deny	63569
certificate of need applications for which an adjudication hearing	63570
is not conducted under division (C)(3) of this section not later	63571
than sixty days after mailing the notice of completeness or, in	63572
the case of an application proposing addition of long-term care	63573
beds, not later than sixty days after such other time as is	63574
specified in rules adopted under section 3702.57 of the Revised	63575
Code. ~~The~~Except as provided in division (C)(5) of this section,	63576
the director shall grant or deny certificate of need	63577
applications for which an adjudication hearing is conducted under	63578
division (C)(3) of this section not later than thirty days after	63579
the expiration of the time for filing objections to the report	63580
and recommendation of the hearing examiner under section 119.09	63581
of the Revised Code. The director shall base decisions concerning	63582
applications for which an adjudication hearing is conducted under	63583
division (C)(3) of this section on the report and recommendations	63584
of the hearing examiner.	63585

(5) Except as otherwise provided in division (C)~~(1), (2), or~~	63586
(6) of this section, the director or the applicant may extend the	63587
deadline prescribed in division (C)(4) of this section once, for	63588
no longer than thirty days, by written notice before the end of	63589
the ~~original thirty-day period~~deadline prescribed by division	63590
(C)(4) of this section. An extension by the director under	63591
division (C)(5) of this section shall apply to all applications	63592
that are in comparative review.	63593

(6) No applicant in a comparative review may extend the	63594
deadline specified in division (C)(4) of this section.	63595

(7) ~~Except as provided in divisions (C)(1) and (2) of this~~	63596
~~section, the director may grant a certificate of need for all or~~	63597
~~part of the project that is the subject of an application.~~ If the	63598
director does not grant or deny the certificate by the applicable	63599
deadline specified in division (C)(4) of this section or any	63600
extension of it under division (C)(5) of this section, the	63601
certificate shall be considered to have been granted.	63602

(8) In granting a certificate of need, the director shall	63603
specify as the maximum capital expenditure the certificate holder	63604
may obligate under the certificate a figure equal to one hundred	63605
ten per cent of the approved project cost.	63606

(9) In granting a certificate of need, the director may	63607
grant the certificate with conditions that must be met by the	63608
holder of the certificate.	63609

(D) The director shall monitor the activities of persons	63610
granted certificates of need ~~concerning long-term care beds~~ during	63611
the period beginning with the granting of the certificate of need	63612
and ending five years after implementation of the activity for	63613
which the certificate was granted.	63614

~~In the case of any other certificate of need, the director~~	63615
~~shall monitor the activities of persons granted certificates of~~	63616
~~need during the period beginning with the granting of the~~	63617
~~certificate of need and ending when the activity for which the~~	63618
~~certificate was granted ceases to be a reviewable activity in~~	63619
~~accordance with section 3702.511 of the Revised Code.~~	63620

(E) When reviewing applications for certificates of need or	63621
monitoring activities of persons granted certificates of need,	63622
the director may issue and enforce, in the manner provided in	63623
section 119.09 of the Revised Code, subpoenas duces tecum to	63624
compel the production of documents relevant to review of the	63625
application or monitoring of the activities. In addition, the	63626
director or the director's designee, which may include a health	63627
service agency, may visit the sites where the activities are or	63628
will be conducted.	63629

(F) The director may withdraw certificates of need.

63630

(G) The director shall conduct, on a regular basis, health	63631
system data collection and analysis activities and prepare	63632
reports. The director shall make recommendations based upon these	63633
activities to the public health council concerning the adoption of	63634
appropriate rules under section 3702.57 of the Revised Code. All	63635
health care facilities and other health care providers shall	63636
submit to the director, upon request, any information that is	63637
necessary to conduct reviews of certificate of need applications	63638
and to develop recommendations for criteria for reviews, and that	63639
is prescribed by rules adopted under division (H) of section	63640
3702.57 of the Revised Code.	63641

(H) Any decision to grant or deny a certificate of need shall	63642
consider the special needs and circumstances resulting from moral	63643
and ethical values and the free exercise of religious rights of	63644
health care facilities administered by religious organizations,	63645
and the special needs and circumstances of ~~children's hospitals,~~	63646
inner city ~~hospitals,~~ and ~~small~~ rural ~~hospitals~~communities.	63647

Sec. 3702.524. (A) Except as provided in division (B) ~~or (C)~~	63648
of this section, a certificate of need granted on or after April	63649
20, 1995, is not transferable prior to the completion of the	63650
reviewable activity for which it was granted. If any person	63651
holding a certificate of need issued on or after that date	63652
transfers the certificate of need to another person before the	63653
reviewable activity is completed, or enters into an agreement that	63654
contemplates the transfer of the certificate of need on the	63655
completion of the reviewable activity, the certificate of need is	63656
void. If the controlling interest in an entity that holds a	63657
certificate of need issued on or after that date is transferred	63658
prior to the completion of the reviewable activity, the	63659
certificate of need is void.	63660

(B) Division (A) of this section does not prohibit the	63661
transfer of a certificate of need issued on or after April 20,	63662
1995, between affiliated or related persons, as defined in rules	63663
adopted under section 3702.57 of the Revised Code, if the transfer	63664
does not result in a change in the person that holds the ultimate	63665
controlling interest, as defined in the rules, in the certificate	63666
of need.	63667

The transfer of a health care facility after the completion	63668
of a reviewable activity for which a certificate of need was	63669
issued on or after April 20, 1995, is not a transfer of the	63670
certificate of need, unless the facility is transferred pursuant	63671
to an agreement entered into prior to the completion of the	63672
reviewable activity.	63673

~~(C) Division (A) of this section does not apply to a transfer~~	63674
~~of a certificate of need that meets all of the following~~	63675
~~conditions:~~	63676

~~(1) The certificate of need is transferred for no more than~~	63677
~~the amount of money the person transferring the certificate~~	63678
~~expended for reasonable and necessary expenses incurred in~~	63679
~~applying for and obtaining the certificate;~~	63680

~~(2) The person holding the certificate of need is unable to~~	63681
~~complete the reviewable activity for which it was issued due to~~	63682
~~circumstances beyond the person's control, including zoning~~	63683
~~restrictions, natural disasters, or comparable events;~~	63684

~~(3) The director, after reviewing documentation supplied by~~	63685
~~the person transferring the certificate of need, certifies in~~	63686
~~writing prior to the transfer that the transfer meets the~~	63687
~~conditions specified in divisions (C)(1) and (2) of this section.~~	63688

~~If the person that acquires a certificate of need under this~~	63689
~~division intends to implement the project other than in~~	63690
~~substantial compliance with the approved application for the~~	63691
~~certificate, that change is a reviewable activity for which the~~	63692
~~person must obtain another certificate of need.~~	63693

Sec. 3702.525. (A) Not later than twenty-four months after	63694
the date the director of health mails the notice that the	63695
certificate of need has been granted or, if the grant or denial of	63696
the certificate of need is appealed under section 3702.60 of the	63697
Revised Code, not later than twenty-four months after issuance of	63698
an order granting the certificate that is not subject to further	63699
appeal, each person holding a certificate of need granted on or	63700
after April 20, 1995, shall:	63701

(1) If the project for which the certificate of need was	63702
granted primarily involves construction and is to be financed	63703
primarily through external borrowing of funds, secure financial	63704
commitment for the stated purpose of developing the project and	63705
commence construction that continues uninterrupted except for	63706
interruptions or delays that are unavoidable due to reasons beyond	63707
the person's control, including labor strikes, natural disasters,	63708
material shortages, or comparable events;	63709

(2) If the project for which the certificate of need was	63710
granted primarily involves construction and is to be financed	63711
primarily internally, receive formal approval from the holder's	63712
board of directors or trustees or other governing authority to	63713
commit specified funds for implementation of the project and	63714
commence construction that continues uninterrupted except for	63715
interruptions or delays that are unavoidable due to reasons beyond	63716
the person's control, including labor strikes, natural disasters,	63717
material shortages, or comparable events;	63718

(3) If the project for which the certificate of need was	63719
granted primarily involves acquisition of medical equipment, enter	63720
into a contract to purchase or lease the equipment and to accept	63721
the equipment at the site for which the certificate was granted;	63722

(4) If the project for which the certificate of need was	63723
granted involves no capital expenditure or only minor renovations	63724
to existing structures, provide the health service or activity by	63725
the means specified in the approved application for the	63726
certificate;	63727

(5) If the project for which the certificate of need was	63728
granted primarily involves leasing a building or space that	63729
requires only minor renovations to the existing space, execute a	63730
lease and provide the health service or activity by the means	63731
specified in the approved application for the certificate;	63732

(6) If the project for which the certificate of need was	63733
granted primarily involves leasing a building or space that has	63734
not been constructed or requires substantial renovations to	63735
existing space, commence construction for the purpose of	63736
implementing the reviewable activity that continues uninterrupted	63737
except for interruptions or delays that are unavoidable due to	63738
reasons beyond the person's control, including labor strikes,	63739
natural disasters, material shortages, or comparable events.	63740

(B) The twenty-four-month period specified in division (A) of	63741
this section shall not be extended by any means, including the	63742
~~transfer of a certificate of need under division (C) of section~~	63743
~~3702.524 of the Revised Code or~~ granting of a subsequent or	63744
replacement certificate of need. Each person holding a certificate	63745
of need granted on or after April 20, 1995, shall provide the	63746
director of health documentation of compliance with that division	63747
not later than the earlier of thirty days after complying with	63748
that division or five days after the twenty-four-month period	63749
expires. Not later than the earlier of fifteen days after	63750
receiving the documentation or fifteen days after the	63751
twenty-four-month period expires, the director shall send by	63752
certified mail a notice to the holder of the certificate of need	63753
specifying whether the holder has complied with division (A) of	63754
this section.	63755

(C) Notwithstanding division (B) of this section, the	63756
twenty-four-month period specified in division (A) of this section	63757
shall be extended for an additional twenty-four months for any	63758
certificate of need granted for the purchase and relocation of	63759
licensed nursing home beds on February 26, 1999.	63760

(D) A certificate of need granted on or after April 20, 1995,	63761
expires, regardless of whether the director sends a notice under	63762
division (B) of this section, if the holder fails to comply with	63763
division (A) or (C) of this section or to provide information	63764
under division (B) of this section as necessary for the director	63765
to determine compliance.	63766

Sec. 3702.53. (A) No person shall carry out any reviewable	63767
activity unless a certificate of need for such activity has been	63768
granted under sections 3702.51 to 3702.62 of the Revised Code or	63769
the person is exempted by division ~~(T)~~(S) of section 3702.51 or	63770
section ~~3702.527, 3702.528, 3702.529,~~ 3702.5210, or 3702.62 of the	63771
Revised Code from the requirement that a certificate of need be	63772
obtained. No person shall carry out any reviewable activity if a	63773
certificate of need authorizing that activity has been withdrawn	63774
by the director of health under section 3702.52 or 3702.526 of the	63775
Revised Code. No person shall carry out a reviewable activity if	63776
the certificate of need authorizing that activity is void pursuant	63777
to section 3702.524 of the Revised Code or has expired pursuant to	63778
section 3702.525 of the Revised Code.	63779

(B) No person shall separate portions of any proposal for any	63780
reviewable activity to evade the requirements of sections 3702.51	63781
to 3702.62 of the Revised Code.	63782

(C) No person granted a certificate of need shall carry out	63783
the reviewable activity authorized by the certificate of need	63784
other than in substantial accordance with the approved application	63785
for the certificate of need.	63786

Sec. 3702.532. When the director of health determines that a	63787
person has violated section 3702.53 of the Revised Code, the	63788
director shall send a notice to the person by certified mail,	63789
return receipt requested, specifying the activity constituting the	63790
violation and the penalties imposed under section 3702.54,or	63791
3702.541~~, or 3702.542~~ of the Revised Code.	63792

Sec. 3702.54. Except as provided in ~~sections~~section	63793
3702.541 ~~and 3702.542 and former section 3702.543~~ of the Revised	63794
Code, divisions (A) and (B) of this section apply when the	63795
director of health determines that a person has violated section	63796
3702.53 of the Revised Code.	63797

(A) The director shall impose a civil penalty on the person	63798
in an amount equal to the greatest of the following:	63799

(1) Three thousand dollars;

63800

(2) Five per cent of the operating cost of the activity that	63801
constitutes the violation during the period of time it was	63802
conducted in violation of section 3702.53 of the Revised Code;	63803

(3) ~~Two~~If a certificate of need was granted, two per cent of	63804
the total approved capital cost associated with implementation of	63805
the activity for which the certificate of need was granted.	63806

In no event, however, shall the penalty exceed two hundred	63807
fifty thousand dollars.	63808

(B)(1) Notwithstanding section 3702.52 of the Revised Code,	63809
the director shall refuse to accept for review any application for	63810
a certificate of need filed by or on behalf of the person, or any	63811
successor to the person or entity related to the person, for a	63812
period of not less than one year and not more than three years	63813
after the director mails the notice of the director's	63814
determination under section 3702.532 of the Revised Code or, if	63815
the determination is appealed under section 3702.60 of the Revised	63816
Code, the issuance of the order upholding the determination that	63817
is not subject to further appeal. In determining the length of	63818
time during which applications will not be accepted, the director	63819
may consider any of the following:	63820

(a) The nature and magnitude of the violation;

63821

(b) The ability of the person to have averted the violation;

63822

(c) Whether the person disclosed the violation to the	63823
director before the director commenced his investigation;	63824

(d) The person's history of compliance with sections 3702.51	63825
to 3702.62 and the rules adopted under section 3702.57 of the	63826
Revised Code;	63827

(e) Any community hardship that may result from refusing to	63828
accept future applications from the person.	63829

(2) Notwithstanding the one-year minimum imposed by division	63830
(B)(1) of this section, the director may establish a period of	63831
less than one year during which the director will refuse to accept	63832
certificate of need applications if, after reviewing all	63833
information available to the director, the director determines and	63834
expressly indicates in the notice mailed under section 3702.532 of	63835
the Revised Code that refusing to accept applications for a longer	63836
period would result in hardship to the community in which the	63837
person provides health services. The director's finding of	63838
community hardship shall not affect the granting or denial of any	63839
future certificate of need application filed by the person.	63840

Sec. 3702.544. Each person required by section 3702.54,or	63841
3702.541~~, or 3702.542, or former section 3702.543~~ of the Revised	63842
Code to pay a civil penalty shall do so not later than sixty days	63843
after receiving the notice mailed under section 3702.532 of the	63844
Revised Code or, if the person appeals under section 3702.60 of	63845
the Revised Code the director of health's determination that a	63846
violation has occurred, not later than sixty days after the	63847
issuance of an order upholding the director's determination that	63848
is not subject to further appeal. The civil penalties shall be	63849
paid to the director. The director shall deposit them into the	63850
certificate of need fund created by section 3702.52 of the Revised	63851
Code.	63852

Sec. 3702.55. ~~Except as provided in section 3702.542 of the~~	63853
~~Revised Code, a~~A person that the director of health determines	63854
has violated section 3702.53 of the Revised Code shall cease	63855
conducting the activity that constitutes the violation or	63856
utilizing the equipment or facility resulting from the violation	63857
not later than thirty days after the person receives the notice	63858
mailed under section 3702.532 of the Revised Code or, if the	63859
person appeals the director's determination under section 3702.60	63860
of the Revised Code, thirty days after the person receives an	63861
order upholding the director's determination that is not subject	63862
to further appeal. ~~A person that applies for a certificate of need~~	63863
~~as described in section 3702.542 of the Revised Code shall cease~~	63864
~~conducting the activity or using the equipment or facility in~~	63865
~~accordance with the timetable established by the director of~~	63866
~~health under that section.~~	63867

If any person determined to have violated section 3702.53 of	63868
the Revised Code fails to cease conducting an activity or using	63869
equipment or a facility as required by this section ~~or a timetable~~	63870
~~established under section 3702.542 of the Revised Code,~~ or if the	63871
person continues to seek payment or reimbursement for services	63872
rendered or costs incurred in conducting the activity as	63873
prohibited by section 3702.56 of the Revised Code, in addition to	63874
the penalties imposed under section 3702.54,or 3702.541~~, or~~	63875
~~3702.542 or former section 3702.543~~ of the Revised Code:	63876

(A) The director of health may refuse to include any beds	63877
involved in the activity in the bed capacity of a hospital for	63878
purposes of registration under section 3701.07 of the Revised	63879
Code;	63880

(B) The director of health may refuse to license, or may	63881
revoke a license or reduce bed capacity previously granted to, a	63882
hospice care program under section 3712.04 of the Revised Code; a	63883
nursing home, rest home, or home for the aging under section	63884
3721.02 of the Revised Code; or any beds within any of those	63885
facilities that are involved in the activity;	63886

(C) A political subdivision certified under section 3721.09	63887
of the Revised Code may refuse to license, or may revoke a license	63888
or reduce bed capacity previously granted to, a nursing home, rest	63889
home, or home for the aging, or any beds within any of those	63890
facilities that are involved in the activity;	63891

(D) The director of mental health may refuse to license under	63892
section 5119.20 of the Revised Code, or may revoke a license or	63893
reduce bed capacity previously granted to, a hospital receiving	63894
mentally ill persons or beds within such a hospital that are	63895
involved in the activity;	63896

(E) The department of job and family services may refuse to	63897
enter into a provider agreement that includes a facility, beds, or	63898
services that result from the activity.	63899

Sec. 3702.57. (A) The public health council shall adopt	63900
rules establishing procedures and criteria for reviews of	63901
applications for certificates of need and issuance, denial, or	63902
withdrawal of certificates.	63903

(1) ~~The rules shall require that, in addition to any other~~	63904
~~applicable review requirements of sections 3702.51 to 3702.62 of~~	63905
~~the Revised Code and rules adopted thereunder, any application for~~	63906
~~a certificate of need from an osteopathic hospital be reviewed on~~	63907
~~the basis of the need for and the availability in the community of~~	63908
~~services and hospitals for osteopathic physicians and their~~	63909
~~patients, and in terms of its impact on existing and proposed~~	63910
~~institutional training programs for doctors of osteopathy and~~	63911
~~doctors of medicine at the student, internship, and residency~~	63912
~~training levels.~~	63913

~~(2)~~ In adopting rules that establish criteria for reviews of	63914
applications of certificates of need, the council shall consider	63915
the availability of and need for long-term care beds to provide	63916
care and treatment to persons diagnosed as having traumatic brain	63917
injuries and shall prescribe criteria for reviewing applications	63918
that propose to add long-term care beds to provide care and	63919
treatment to persons diagnosed as having traumatic brain injuries.	63920

~~(3)~~(2) The criteria for reviews of applications for	63921
certificates of need shall relate to the need for the reviewable	63922
activity and shall pertain to all of the following matters:	63923

(a) The impact of the reviewable activity on the cost and	63924
quality of health services in the relevant geographic area,	63925
including, but not limited, to the historical and projected	63926
utilization of the services to which the application pertains and	63927
the effect of the reviewable activity on utilization of other	63928
providers of similar services;	63929

(b) The quality of the services to be provided as the result	63930
of the activity, as evidenced by the historical performance of the	63931
persons that will be involved in providing the services and by the	63932
provisions that are proposed in the application to ensure quality,	63933
including but not limited to adequate available personnel,	63934
available ancillary and support services, available equipment,	63935
size and configuration of physical plant, and relations with other	63936
providers;	63937

(c) The impact of the reviewable activity on the availability	63938
and accessibility of the type of services proposed in the	63939
application to the population of the relevant geographic area, and	63940
the level of access to the services proposed in the application	63941
that will be provided to medically underserved individuals such as	63942
recipients of public assistance and individuals who have no health	63943
insurance or whose health insurance is insufficient;	63944

(d) The activity's short- and long-term financial feasibility	63945
and cost-effectiveness, the impact of the activity on the	63946
applicant's costs and charges, and a comparison of the applicant's	63947
costs and charges with those of providers of similar services in	63948
the applicant's proposed service area;	63949

(e) The advantages, disadvantages, and costs of alternatives	63950
to the reviewable activity;	63951

(f) The impact of the activity on all other providers of	63952
similar services in the health service area or other relevant	63953
geographic area, including the impact on their utilization, market	63954
share, and financial status;	63955

(g) The historical performance of the applicant and related	63956
or affiliated parties in complying with previously granted	63957
certificates of need and any applicable certification,	63958
accreditation, or licensure requirements;	63959

(h) The relationship of the activity to the current edition	63960
of the state health resources plan issued under section 3702.521	63961
of the Revised Code;	63962

(i) The historical performance of the applicant and related	63963
or affiliated parties in providing cost-effective health care	63964
services;	63965

(j) The special needs and circumstances of the applicant or	63966
population proposed to be served by the proposed project,	63967
including research activities, prevalence of particular diseases,	63968
unusual demographic characteristics, cost-effective contractual	63969
affiliations, and other special circumstances;	63970

(k) The appropriateness of the zoning status of the proposed	63971
site of the activity;	63972

(l) The participation by the applicant in research conducted	63973
by the United States food and drug administration or clinical	63974
trials sponsored by the national institutes of health.	63975

~~(4)~~(3) The criteria for reviews of applications shall include	63976
a formula for determining each county's long-term care bed need	63977
for purposes of section 3702.593 of the Revised Code and may	63978
include other formulas for determining need for beds ~~and~~	63979
~~services~~.	63980

~~(a) The criteria prescribing formulas shall not, either by~~	63981
~~themselves or in conjunction with any established occupancy~~	63982
~~guidelines, require, as a condition of being granted a certificate~~	63983
~~of need, that a hospital reduce its complement of registered beds~~	63984
~~or discontinue any service that is not related to the service or~~	63985
~~project for which the certificate of need is sought.~~	63986

~~(b) With respect to applications to conduct reviewable~~	63987
~~activities that are affected directly by the inpatient occupancy~~	63988
~~of a health care facility, including addition, relocation, or~~	63989
~~recategorization of beds or renovation or other construction~~	63990
~~activities relating to inpatient services, the rules shall~~	63991
~~prescribe criteria for determining whether the scope of the~~	63992
~~proposed project is appropriate in light of the historical and~~	63993
~~reasonably projected occupancy rates for the beds related to the~~	63994
~~project.~~	63995

~~(c)~~ Any rules prescribing criteria that establish ratios of	63996
beds~~, services, or equipment~~ to population shall specify the bases	63997
for establishing the ratios or mitigating factors or exceptions to	63998
the ratios.	63999

(B) The council shall adopt rules specifying all of the	64000
following:	64001

(1) Information that must be provided in applications for	64002
certificates of need, which shall include a plan for obligating	64003
the capital expenditure or implementing the proposed project on a	64004
timely basis in accordance with section 3702.525 of the Revised	64005
Code;	64006

(2) Procedures for reviewing applications for completeness of	64007
information;	64008

(3) Criteria for determining that the application is	64009
complete.	64010

(C) The council shall adopt rules specifying requirements	64011
that holders of certificates of need must meet in order for the	64012
certificates to remain valid and establishing definitions and	64013
requirements for obligation of capital expenditures and	64014
implementation of projects authorized by certificates of need.	64015

(D) The council shall adopt rules establishing criteria and	64016
procedures under which the director of health may withdraw a	64017
certificate of need if the holder fails to meet requirements for	64018
continued validity of the certificate.	64019

(E) The council shall adopt rules establishing procedures	64020
under which the department of health shall monitor project	64021
implementation activities of holders of certificates of need. The	64022
rules adopted under this division also may establish procedures	64023
for monitoring implementation activities of persons that have	64024
received nonreviewability rulings.	64025

(F) The council shall adopt rules establishing procedures	64026
under which the director of health shall review certificates of	64027
need whose holders exceed or appear likely to exceed an	64028
expenditure maximum specified in a certificate.	64029

(G) The council shall adopt rules establishing certificate of	64030
need application fees sufficient to pay the costs incurred by the	64031
department for administering sections 3702.51 to 3702.62 of the	64032
Revised Code and to pay health service agencies for the functions	64033
they perform under division (D)(5) of section 3702.58 of the	64034
Revised Code. Unless rules are adopted under this division	64035
establishing different application fees, the application fee for a	64036
project not involving a capital expenditure shall be three	64037
thousand dollars and the application fee for a project involving a	64038
capital expenditure shall be nine-tenths of one per cent of the	64039
capital expenditure proposed subject to a minimum of three	64040
thousand dollars and a maximum of twenty thousand dollars.	64041

(H) The council shall adopt rules specifying information that	64042
is necessary to conduct reviews of certificate of need	64043
applications and to develop recommendations for criteria for	64044
reviews that health care facilities and other health care	64045
providers are to submit to the director under division (G) of	64046
section 3702.52 of the Revised Code.	64047

(I) The council shall adopt rules defining "affiliated	64048
person," "related person," and "ultimate controlling interest" for	64049
purposes of section 3702.524 of the Revised Code.	64050

(J) The council shall adopt rules prescribing requirements	64051
for holders of certificates of need to demonstrate to the director	64052
under section 3702.526 of the Revised Code that reasonable	64053
progress is being made toward completion of the reviewable	64054
activity and establishing standards by which the director shall	64055
determine whether reasonable progress is being made.	64056

(K) ~~The council shall adopt rules defining high-risk cardiac~~	64057
~~catheterization patients. High-risk patients shall include~~	64058
~~patients with significant ischemic syndromes or unstable~~	64059
~~myocardial infarction, patients who need intervention such as~~	64060
~~angioplasty or bypass surgery, patients who may require difficult~~	64061
~~or complex catheterization procedures such as transeptal~~	64062
~~assessment of valvular dysfunction, patients with critical aortic~~	64063
~~stenosis or congestive heart failure, and other patients specified~~	64064
~~by the council.~~	64065

~~(L)~~ The public health council shall adopt all rules under	64066
divisions (A) to ~~(K)~~(J) of this section in accordance with Chapter	64067
119. of the Revised Code. The council may adopt other rules as	64068
necessary to carry out the purposes of sections 3702.51 to 3702.62	64069
of the Revised Code.	64070

Sec. 3702.59. (A) ~~Notwithstanding any conflicting provision~~	64071
~~of sections 3702.51 to 3702.62 of the Revised Code, other than~~	64072
~~the provisions of sections 3702.5210, 3702.5211, 3702.5212, and~~	64073
~~3702.5213 of the Revised Code, both of the following apply under~~	64074
~~the certificate of need program:~~	64075

~~(1) Divisions (B) to (E) of this section apply to the review~~	64076
~~of certificate of need applications during the period beginning~~	64077
~~July 1, 1993, and ending June 30, 2009.~~	64078

~~(2) Beginning July 1, 2009, the director of health shall not~~	64079
~~accept for review under section 3702.52 of the Revised Code any~~	64080
~~application for a certificate of need to recategorize hospital~~	64081
~~beds as described in section 3702.522 of the Revised Code.~~	64082

~~(B)(1) Except as provided in division (B)(2) of this section,~~	64083
~~the director of health shall neither grant nor deny any~~	64084
~~application for a certificate of need submitted prior to July 1,~~	64085
~~1993, if the application was for any of the following and the~~	64086
~~director had not issued a written decision concerning the~~	64087
~~application prior to that date:~~	64088

~~(a) Approval of beds in a new health care facility or an~~	64089
~~increase of beds in an existing health care facility, if the beds~~	64090
~~are proposed to be licensed as nursing home beds under Chapter~~	64091
~~3721. of the Revised Code;~~	64092

~~(b) Approval of beds in a new county home or new county~~	64093
~~nursing home as defined in section 5155.31 of the Revised Code, or~~	64094
~~an increase of beds in an existing county home or existing county~~	64095
~~nursing home, if the beds are proposed to be certified as skilled~~	64096
~~nursing facility beds under Title XVIII or nursing facility beds~~	64097
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	64098
~~42 U.S.C.A. 301, as amended;~~	64099

~~(c) Recategorization of hospital beds as described in section~~	64100
~~3702.522 of the Revised Code, an increase of hospital beds~~	64101
~~registered pursuant to section 3701.07 of the Revised Code as~~	64102
~~long-term care beds or skilled nursing facility beds, or a~~	64103
~~recategorization of hospital beds that would result in an increase~~	64104
~~of beds registered pursuant to that section as long-term care beds~~	64105
~~or skilled nursing facility beds.~~	64106

~~On July 1, 1993, the director shall return each such~~	64107
~~application to the applicant and, notwithstanding section 3702.52~~	64108
~~of the Revised Code regarding the uses of the certificate of need~~	64109
~~fund, shall refund to the applicant the application fee paid under~~	64110
~~that section. Applications returned under division (B)(1) of this~~	64111
~~section may be resubmitted in accordance with section 3702.52 of~~	64112
~~the Revised Code no sooner than July 1, 2009.~~	64113

~~(2) The director shall continue to review and shall issue a~~	64114
~~decision regarding any application submitted prior to July 1,~~	64115
~~1993, to increase beds for either of the purposes described in~~	64116
~~division (B)(1)(a) or (b) of this section if the proposed increase~~	64117
~~in beds is attributable solely to a replacement or relocation of~~	64118
~~existing beds within the same county. The director shall authorize~~	64119
~~under such an application no additional beds beyond those being~~	64120
~~replaced or relocated.~~	64121

~~(C)(1) Except as provided in division (C)(2) of this section,~~	64122
~~the director, during the period beginning July 1, 1993, and ending~~	64123
~~June 30, 2009, shall not accept for review under section 3702.52~~	64124
~~of the Revised Code any application for a certificate of need for~~	64125
~~any of the purposes described in divisions (B)(1)(a) to (c) of~~	64126
~~this section.~~	64127

~~(2)(a)~~ The director of health shall accept for review ~~any~~	64128
~~application for either of the purposes described in division~~	64129
~~(B)(1)(a) or (b) of this section if the proposed increase in beds~~	64130
~~is attributable solely to a replacement or relocation of existing~~	64131
~~beds from an existing health care facility within the same~~	64132
~~county. The director shall authorize under such an application no~~	64133
~~additional beds beyond those being replaced or relocated~~	64134
certificate of need applications as provided in sections 3702.592	64135
and 3702.593 of the Revised Code.	64136

(B) The director shall not approve an application for a	64137
certificate of need for addition of long-term care beds to an	64138
existing health care facility ~~by relocation of beds~~ or for the	64139
development of a new health care facility ~~by relocation of beds~~	64140
unless all of the following conditions are met:	64141

~~(i)~~(1) The existing health care facility toin which the beds	64142
are being ~~relocated~~placed has no waivers for life safety code	64143
deficiencies, no state fire code violations, and no state	64144
building code violations, or the project identified in the	64145
application proposes to correct all life safety code	64146
deficiencies for which a waiver has been granted, all state fire	64147
code violations, and all state building code violations at the	64148
existing health care facility toin which the beds are being	64149
~~relocated~~placed;	64150

~~(ii)~~(2) During the sixty-month period preceding the filing of	64151
the application, no notice of proposed revocation of the	64152
facility's license was issued under section 3721.03 of the Revised	64153
Code to the operator of the existing facility toin which the beds	64154
are being ~~relocated~~placed or to any health care facility owned or	64155
operated by the applicant or any principal participant in the same	64156
corporation or other business;	64157

~~(iii)~~(3) Neither the existing health care facility toin	64158
which the beds are being ~~relocated~~placed nor any health care	64159
facility owned or operated by the applicant or any principal	64160
participant in the same corporation or other business has had a	64161
long-standing pattern of violations of this chapter or Chapter	64162
3721. of the Revised Code or deficiencies that caused one or more	64163
residents physical, emotional, mental, or psychosocial harm.	64164

~~(b)~~(C) The director also shall accept for review any	64165
application for the conversion of infirmary beds to long-term	64166
care beds if the infirmary meets all of the following conditions:	64167

~~(i)~~(1) Is operated exclusively by a religious order;

64168

~~(ii)~~(2) Provides care exclusively to members of religious	64169
orders who take vows of celibacy and live by virtue of their vows	64170
within the orders as if related;	64171

~~(iii)~~(3) Was providing care exclusively to members of such a	64172
religious order on January 1, 1994.	64173

~~(D) The director shall issue a decision regarding any case~~	64174
~~remanded by a court as the result of a decision issued by the~~	64175
~~director prior to July 1, 1993, to grant, deny, or withdraw a~~	64176
~~certificate of need for any of the purposes described in divisions~~	64177
~~(B)(1)(a) to (c) of this section.~~	64178

~~(E) The director shall not project the need for beds listed~~	64179
~~in division (B)(1) of this section for the period beginning July~~	64180
~~1, 1993, and ending June 30, 2009~~At no time shall individuals	64181
other than those described in division (C)(2) of this section be	64182
admitted to a facility to use beds for which a certificate of need	64183
is approved under this division.	64184

Sec. 3702.592. (A) The director of health shall accept, for	64185
review under section 3702.52 of the Revised Code, certificate of	64186
need applications for any of the following purposes if the	64187
proposed increase in beds is attributable solely to a replacement	64188
or relocation of existing beds from an existing health care	64189
facility within the same county:	64190

(1) Approval of beds in a new health care facility or an	64191
increase of beds in an existing health care facility if the beds	64192
are proposed to be licensed as nursing home beds under Chapter	64193
3721. of the Revised Code;	64194

(2) Approval of beds in a new county home or new county	64195
nursing home, or an increase of beds in an existing county home or	64196
existing county nursing home if the beds are proposed to be	64197
certified as skilled nursing facility beds under the medicare	64198
program, Title XVIII of the "Social Security Act," 49 Stat. 286	64199
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	64200
the medicaid program, Title XIX of the "Social Security Act," 49	64201
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	64202

(3) An increase of hospital beds registered pursuant to	64203
section 3701.07 of the Revised Code as long-term care beds;	64204

(4) An increase of hospital beds registered pursuant to	64205
section 3701.07 of the Revised Code as special skilled nursing	64206
beds that were originally authorized by and operate in accordance	64207
with section 3702.522 of the Revised Code.	64208

(B) The director shall accept applications described in	64209
division (A) of this section at any time.	64210

Sec. 3702.593. (A) At the times specified in this section,	64211
the director of health shall accept, for review under section	64212
3702.52 of the Revised Code, certificate of need applications for	64213
any of the following purposes if the proposed increase in beds is	64214
attributable solely to relocation of existing beds from an	64215
existing health care facility in a county with excess beds to a	64216
health care facility in a county in which there are fewer	64217
long-term care beds than the county's bed need:	64218

(1) Approval of beds in a new health care facility or an	64219
increase of beds in an existing health care facility if the beds	64220
are proposed to be licensed as nursing home beds under Chapter	64221
3721. of the Revised Code;	64222

(2) Approval of beds in a new county home or new county	64223
nursing home, or an increase of beds in an existing county home or	64224
existing county nursing home if the beds are proposed to be	64225
certified as skilled nursing facility beds under the medicare	64226
program, Title XVIII of the "Social Security Act," 49 Stat. 286	64227
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	64228
the medicaid program, Title XIX of the "Social Security Act," 49	64229
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	64230

(3) An increase of hospital beds registered pursuant to	64231
section 3701.07 of the Revised Code as long-term care beds.	64232

(B) For the purpose of implementing this section, the	64233
director shall do all of the following:	64234

(1) Determine the long-term care bed supply for each county,	64235
which shall consist of all of the following:	64236

(a) Nursing home beds licensed under Chapter 3721. of the	64237
Revised Code;	64238

(b) Beds certified as skilled nursing facility beds under the	64239
medicare program or nursing facility beds under the medicaid	64240
program;	64241

(c) Beds in a county home or county nursing home that are	64242
certified under section 5155.38 of the Revised Code as having been	64243
in operation on July 1, 1993, and are eligible for licensure as	64244
nursing home beds;	64245

(d) Beds held as approved long-term care beds under a	64246
certificate of need approved by the director.	64247

(2) Determine the long-term care bed occupancy rate for the	64248
state at the time the determination is made;	64249

(3) Not later than April 1, 2010, and every four years	64250
thereafter, for each county determine, using the formula developed	64251
in rules adopted under section 3702.57 of the Revised Code, and	64252
publish on the department of health's web site, the county's bed	64253
need by identifying the number of long-term beds that would be	64254
needed in the county for the statewide occupancy rate for a	64255
projected population aged sixty-five and older to be ninety-five	64256
per cent.	64257

(C) The director's consideration of a certificate of need	64258
that would increase the number of beds in a county shall be	64259
consistent with the county's bed need determined under division	64260
(B) of this section except as follows:	64261

(1) If a county's occupancy rate is less than eighty-five per	64262
cent, the county shall be considered to have no need for	64263
additional beds.	64264

(2) Even if a county is determined not to need any additional	64265
long-term care beds, the director may approve an increase in beds	64266
equal to up to ten per cent of the county's bed supply if the	64267
county's occupancy rate is greater than ninety-five per cent.	64268

(D) Applications made under this section shall be subject to	64269
comparative review. The period for each comparative review process	64270
shall be four years with the first period beginning July 1, 2010,	64271
and ending June 30, 2014.	64272

Certificate of need applications shall be accepted and	64273
reviewed from the first day of the period through the thirtieth	64274
day of April of the following year, which shall be the initial	64275
phase of the review period. If the director determines that there	64276
will be acceptance and review of additional certificate of need	64277
applications, the second phase of the review period shall begin on	64278
the first day of July of the third year of the review period. The	64279
second phase shall be limited to acceptance and review of	64280
applications for redistribution of beds made available pursuant to	64281
division (G)(2) of this section. During the period between the	64282
first and second phases of the review period, the director shall	64283
act in accordance with division (H) of this section.	64284

(E) The director shall consider certificate of need	64285
applications in accordance with all of the following:	64286

(1) The number of beds approved for a county shall include	64287
only beds available for relocation from another county and shall	64288
not exceed the bed need of the receiving county;	64289

(2) The director shall consider the existence of community	64290
resources serving persons who are age sixty-five or older or	64291
disabled that are demonstrably effective in providing alternatives	64292
to long-term care facility placement.	64293

(3) The director shall approve relocation of beds from a	64294
county only if, after the relocation, the number of beds remaining	64295
in the county will exceed the county's bed need by at least one	64296
hundred beds;	64297

(4) The director shall approve relocation of beds from a	64298
health care facility only if, after the relocation, the number of	64299
beds within a fifteen mile radius of the facility is at least	64300
equal to the state bed need rate.	64301

(F) In determining which applicants should receive preference	64302
in the comparative review process, the director shall consider all	64303
of the following:	64304

(1) Whether the beds will be part of a continuing care	64305
retirement community;	64306

(2) Whether the beds will serve an underserved population,	64307
such as low-income individuals, individuals with disabilities, or	64308
individuals who are members of racial or ethnic minority groups;	64309

(3) Whether the project in which the beds will be included	64310
will provide alternatives to institutional care, such as adult	64311
day-care, home health care, respite or hospice care, mobile	64312
meals, residential care, independent living, or congregate living	64313
services;	64314

(4) Whether the health care facility's owner or operator will	64315
participate in medicaid waiver programs for alternatives to	64316
institutional care;	64317

(5) Whether the project in which the beds will be included	64318
will reduce alternatives to institutional care by converting	64319
residential care beds or other alternative care beds to long-term	64320
care beds;	64321

(6) Whether the facility in which the beds will be placed	64322
has positive resident and family satisfaction surveys;	64323

(7) Whether the facility in which the beds will be placed	64324
has fewer than fifty long-term care beds;	64325

(8) Whether the health care facility in which the beds will	64326
be placed is located within the service area of a hospital and is	64327
designed to accept patients for rehabilitation after an in-patient	64328
hospital stay;	64329

(9) Whether the health care facility in which the beds will	64330
be placed is or proposes to become a nurse aide training and	64331
testing site;	64332

(10) The rating, under the centers for medicare and medicaid	64333
services' five star nursing home quality rating system, of the	64334
health care facility in which the beds will be placed.	64335

(G)(1) When a certificate of need application is approved	64336
during the initial phase of a review period, on completion of the	64337
project under which the beds are relocated, that number of beds	64338
shall cease to be operated in the health care facility from which	64339
they were relocated and, if the licensure or certification of	64340
those beds cannot be or is not transferred to the facility to	64341
which the beds are relocated, the licensure or certification shall	64342
be surrendered.	64343

(2) In addition to the actions required by division (G)(1) of	64344
this section, the health care facility from which the beds were	64345
relocated shall reduce the number of beds operated in the facility	64346
by a number of beds equal to at least ten per cent of the number	64347
of beds relocated and shall surrender the licensure or	64348
certification of those beds. This reduction shall be made not	64349
later than the completion date of the project for which the beds	64350
were relocated.	64351

(H)(1) Once approval of certificate of need applications in	64352
the first phase of a review period is complete, the director shall	64353
make a new determination of the bed need for each county by	64354
reducing the county's bed need by the number of beds approved for	64355
relocation to the county. The new bed-need determination shall be	64356
made not later than the first day of April of the third year of	64357
the review period.	64358

(2) The director may publish on the department's web site the	64359
remaining bed need for counties that will be considered for	64360
redistribution of beds that, in accordance with division (G)(2) of	64361
this section, have ceased or will cease to be operated. The	64362
director shall base the determination of whether to include a	64363
county on all of the following:	64364

(a) The statewide number of beds that, in accordance with	64365
division (G)(2) of this section, have ceased or will cease to be	64366
operated;	64367

(b) The county's remaining bed need;

64368

64369

(I) If the director publishes the remaining bed need for a	64370
county under division (H)(2) of this section, the director may,	64371
beginning on the first day of the second phase of the review	64372
period, accept certificate of need applications for redistribution	64373
to health care facilities in that county of beds that have ceased	64374
or will cease operation in accordance with division (G)(2) of	64375
this section. The total number of beds approved for	64376
redistribution in the second phase of a review period shall not	64377
exceed the number that have ceased or will cease operation in	64378
accordance with division (G)(2) of this section. Beds that are	64379
not approved for redistribution during the second phase of a	64380
review period shall not be available for redistribution at any	64381
future time.	64382

Sec. 3702.60. (A) Any affected person may appeal a	64383
reviewability ruling issued on or after April 20, 1995, to the	64384
director of health in accordance with Chapter 119. of the Revised	64385
Code, and the director shall provide an adjudication hearing in	64386
accordance with that chapter. An affected person may appeal the	64387
director's ruling in the adjudication hearing to the tenth	64388
district court of appeals.	64389

(B) The certificate of need applicant or another affected	64390
person may appeal to the director in accordance with Chapter 119.	64391
of the Revised Code a decision issued by the director on or after	64392
April 20, 1995, to grant or deny a certificate of need application	64393
for which an adjudication hearing was not conducted under section	64394
3702.52 of the Revised Code, and the director shall provide an	64395
adjudication hearing in accordance with that chapter. The	64396
certificate of need applicant or an affected person that was a	64397
party to and participated in an adjudication hearing conducted	64398
under this division or section 3702.52 of the Revised Code may	64399
appeal to the tenth district court of appeals the decision issued	64400
by the director following the adjudication hearing. No person may	64401
appeal to the director or a court the director's granting of a	64402
certificate of need prior to June 30, 1995, under the version of	64403
section 3702.52 of the Revised Code in effect immediately prior to	64404
that date due to failure to submit timely written objections, no	64405
person may appeal to the director or a court the director's	64406
granting of a certificate of need under division (C)(1) ~~or (2)~~ of	64407
section 3702.52 of the Revised Code.	64408

(C) The certificate of need holder may appeal to the director	64409
in accordance with Chapter 119. of the Revised Code a decision	64410
issued by the director under section 3702.52 or 3702.526 of the	64411
Revised Code on or after April 20, 1995, to withdraw a certificate	64412
of need, and the director shall provide an adjudication hearing in	64413
accordance with that chapter. The person may appeal the director's	64414
ruling in the adjudication hearing to the tenth district court of	64415
appeals.	64416

(D) Any person determined by the director to have violated	64417
section 3702.53 of the Revised Code may appeal that determination,	64418
or the penalties imposed under section 3702.54,or 3702.541~~, or~~	64419
~~3702.542 or former section 3702.543~~ of the Revised Code, to the	64420
director in accordance with Chapter 119. of the Revised Code, and	64421
the director shall provide an adjudication hearing in accordance	64422
with that chapter. The person may appeal the director's ruling in	64423
the adjudication hearing to the tenth district court of appeals.	64424

(E) Each person appealing under this section to the director	64425
shall file with the director, not later than thirty days after the	64426
decision, ruling, or determination of the director was mailed, a	64427
notice of appeal designating the decision, ruling, or	64428
determination appealed from.	64429

(F) Each person appealing under this section to the tenth	64430
district court of appeals shall file with the court, not later	64431
than thirty days after the date the director's adjudication order	64432
was mailed, a notice of appeal designating the order appealed	64433
from. The appellant also shall file notice with the director not	64434
later than thirty days after the date the order was mailed.	64435

(1) Not later than thirty days after receipt of the notice of	64436
appeal, the director shall prepare and certify to the court the	64437
complete record of the proceedings out of which the appeal arises.	64438
The expense of preparing and transcribing the record shall be	64439
taxed as part of the costs of the appeal. In the event that the	64440
record or a part thereof is not certified within the time	64441
prescribed by this division, the appellant may apply to the court	64442
for an order that the record be certified.	64443

(2) In hearing the appeal, the court shall consider only the	64444
evidence contained in the record certified to it by the director.	64445
The court may remand the matter to the director for the admission	64446
of additional evidence on a finding that the additional evidence	64447
is material, newly discovered, and could not with reasonable	64448
diligence have been ascertained before the hearing before the	64449
director. Except as otherwise provided by statute, the court shall	64450
give the hearing on the appeal preference over all other civil	64451
matters, irrespective of the position of the proceedings on the	64452
calendar of the court.	64453

(3) The court shall affirm the director's order if it finds,	64454
upon consideration of the entire record and any additional	64455
evidence admitted under division (F)(2) of this section, that the	64456
order is supported by reliable, probative, and substantial	64457
evidence and is in accordance with law. In the absence of such a	64458
finding, it shall reverse, vacate, or modify the order.	64459

(4) If the court determines that the director committed	64460
material procedural error, the court shall remand the matter to	64461
the director for further consideration or action.	64462

(G) The court may award reasonable attorney's fees against	64463
the appellant if it determines that the appeal was frivolous.	64464
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not	64465
apply to adjudication hearings under this section or section	64466
3702.52 of the Revised Code and judicial appeals under this	64467
section.	64468

(H) No person may intervene in an appeal brought under this	64469
section.	64470

Sec. 3702.61. In addition to the sanctions imposed under	64471
sections 3702.54, 3702.541, ~~3702.542,~~ and 3702.55 ~~and former~~	64472
~~section 3702.543~~ of the Revised Code, if any person violates	64473
section 3702.53 of the Revised Code, the attorney general may	64474
commence necessary legal proceedings in the court of common pleas	64475
of Franklin county to enjoin the person from such violation until	64476
the requirements of sections 3702.51 to 3702.62 of the Revised	64477
Code have been satisfied. At the request of the director of	64478
health, the attorney general shall commence any necessary	64479
proceedings. The court has jurisdiction to grant and, on a showing	64480
of a violation, shall grant appropriate injunctive relief.	64481

Sec. 3702.87. The director of health shall designate, as	64482
dental health resource shortage areas, areas in this state that	64483
experience special dental health problems and dentist practice	64484
patterns that limit access to dental care. The designations shall	64485
be made by rule and may apply to a geographic area, one or more	64486
facilities within a particular area, or a population group within	64487
a particular area. The director shall consider for designation as	64488
a dental health resource shortage area, any area in this state	64489
that has been designated by the United States secretary of health	64490
and human services as a health professional shortage area under	64491
Title III of the "Public Health Service Act," 58 Stat. 682 (1944),	64492
42 U.S.C. 201, as amended.	64493

Sec. 3702.89. (A) An individual who iswill not ~~receiving~~	64494
~~national health service corps tuition or student~~have an	64495
outstanding obligation for dental service to the federal	64496
government, a state, or other entity at the time of participation	64497
in the dentist loan repayment ~~assistance~~program and meets one of	64498
the following requirements may apply for participation in the	64499
dentist loan repayment program:	64500

(1) The applicant is a dental student enrolled in the final	64501
year of dental college.	64502

(2) The applicant is a dental resident in the final year of	64503
residency.	64504

(3) The applicant ~~has been engaged in the~~holds a valid	64505
license to practice of dentistry ~~for not more than three years~~	64506
~~prior to submitting the application~~issued under Chapter 4715. of	64507
the Revised Code.	64508

(B) An application for participation in the dentist loan	64509
repayment program shall be submitted to the director of health on	64510
a form the director shall prescribe. The following information	64511
shall be included or supplied:	64512

(1) The applicant's name, permanent address or address at	64513
which the applicant is currently residing if different from the	64514
permanent address, and telephone number;	64515

(2) The dental college the applicant attended or is attending	64516
~~or attended~~, dates of attendance, and verification of attendance;	64517

(3) If the applicant has completed a dental residency program	64518
or is a dental resident, the facility or institution ~~at which~~	64519
where the dental residency was completed or is being performed,	64520
and, if completed, the date of completion;	64521

(4) A summary and verification of the educational expenses	64522
for which the applicant seeks reimbursement under the program;	64523

(5) If the applicant is a dentist, verification of the	64524
applicant's license issued under Chapter 4715. of the Revised Code	64525
to practice dentistry and proof of good standing;	64526

(6) Verification of the applicant's United States citizenship	64527
or status as a legal alien.	64528

Sec. 3702.90. If funds are available in the dentist loan	64529
repayment fund created under section 3702.95 of the Revised Code	64530
and the general assembly has appropriated the funds for the	64531
program, the director of health shall approve an applicant for	64532
participation in the program on finding in accordance with the	64533
priorities established under section 3702.88 of the Revised Code	64534
that the applicant is eligible for participation and is needed in	64535
a dental health resource shortage area.	64536

On approving an application, the director shall notify and	64537
enter into discussions with the applicant. The object of the	64538
discussions is to facilitate recruitment of the applicant to a	64539
site within a dental health resource shortage area at which,	64540
according to the priorities established under section 3702.88 of	64541
the Revised Code, the applicant is needed. ~~The director may pay~~	64542
~~the costs incurred by the applicant and the applicant's spouse for~~	64543
~~travel, meals, and lodging in making one visit to one dental~~	64544
~~health resource shortage area. The director may also refer an~~	64545
~~applicant to the Ohio dental association for assistance in being~~	64546
~~recruited to a site within a dental health resource shortage area~~	64547
~~at which the applicant will agree to be placed.~~	64548

If the director and applicant agree on the applicant's	64549
placement at a particular site within a dental health resource	64550
shortage area, the applicant shall sign and deliver to the	64551
director a letter of intent agreeing to that placement.	64552

Sec. 3702.91. (A) An individual who has signed a letter of	64553
intent under section 3702.90 of the Revised Code may enter into a	64554
contract with the director of health for participation in the	64555
dentist loan repayment program. ~~A lending institution~~The	64556
dentist's employer or other funding source may also be a party to	64557
the contract.	64558

(B) The contract shall include all of the following	64559
obligations:	64560

(1) The individual agrees to provide dental services in the	64561
dental health resource shortage area identified in the letter of	64562
intent for at least ~~one year~~two years.	64563

(2) When providing dental services in the dental health	64564
resource shortage area, the individual agrees to do all of the	64565
following:	64566

(a) Provide dental services for a minimum of forty hours per	64567
week;	64568

(b) Provide dental services without regard to a patient's	64569
ability to pay;	64570

(c) Meet the conditions prescribed by the "Social Security	64571
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the	64572
department of job and family services for participation in the	64573
medicaid program established under Chapter 5111. of the Revised	64574
Code and enter into a contract with the department to provide	64575
dental services to medicaid recipients.	64576

(3) The department of health agrees, as provided in section	64577
3702.85 of the Revised Code, to repay, so long as the individual	64578
performs the service obligation agreed to under division (B)(1)	64579
of this section, all or part of the principal and interest of a	64580
government or other educational loan taken by the individual for	64581
expenses described in section 3702.85 of the Revised Code ~~up to~~	64582
~~but not exceeding twenty thousand dollars per year of service~~.	64583

(4) The individual agrees to pay the department of health	64584
~~the following as damages~~an amount established by rules adopted	64585
under section 3702.86 of the Revised Code, if the individual fails	64586
to complete the service obligation agreed to under division	64587
(B)(1) of this section:	64588

~~(a) If the failure occurs during the first two years of the~~	64589
~~service obligation, three times the total amount the department~~	64590
~~has agreed to repay under division (B)(3) of this section;~~	64591

~~(b) If the failure occurs after the first two years of the~~	64592
~~service obligation, three times the amount the department is~~	64593
~~still obligated to repay under division (B)(3) of this section~~.	64594

(C) The contract may include any other terms agreed upon by	64595
the parties~~, including an assignment to the department of health~~	64596
~~of the individual's duty to pay the principal and interest of a~~	64597
~~government or other educational loan taken by the individual for~~	64598
~~expenses described in section 3702.85 of the Revised Code. If the~~	64599
~~department assumes the individual's duty to pay a loan, the~~	64600
~~contract shall set forth the total amount of principal and~~	64601
~~interest to be paid, an amortization schedule, and the amount of~~	64602
~~each payment to be made under the schedule~~.	64603

(D) Not later than the thirty-first day of January of each	64604
year, the department of health shall mail to each individual to	64605
whom or on whose behalf repayment is made under the dentist loan	64606
repayment program a statement showing the amount of principal and	64607
interest repaid by the department pursuant to the contract in the	64608
preceding year. The statement shall be sent by ordinary mail with	64609
address correction and forwarding requested in the manner	64610
prescribed by the United States postal service.	64611

Sec. 3702.92. There is hereby created the dentist loan	64612
repayment advisory board. The board shall consist of the following	64613
members:	64614

(A) ~~One member~~Two members of the house of representatives,	64615
one from each political party, appointed by the speaker of the	64616
house of representatives;	64617

(B) ~~One member~~Two members of the senate, one from each	64618
political party, appointed by the president of the senate;	64619

(C) A representative of the board of regents, appointed by	64620
the chancellor;	64621

(D) The director of health or an employee of the department	64622
of health designated by the director;	64623

(E) ~~Three~~Four representatives of the dental profession,	64624
appointed by the governor from persons nominated by the Ohio	64625
dental association.	64626

Terms of office of the appointed members shall be two years,	64627
with each term commencing on the twenty-eighth day of January and	64628
ending on the twenty-seventh day of January of the second year	64629
after appointment. The governor ~~shall appoint the dental~~	64630
~~profession representatives not later than ninety days after~~	64631
~~October 29, 2003. The terms of all members shall commence~~	64632
~~ninety-one days after October 29, 2003. Of the initial~~	64633
~~appointments made by the governor, two shall serve a term of one~~	64634
~~year and one shall serve a term of two years. The initial~~	64635
~~appointment made by the~~, speaker of the house of representatives	64636
~~shall be for a term of one year. The initial appointment made by~~	64637
~~the~~, and president of the senate shall ~~be for a term of two years~~	64638
make each of their respective appointments not later than the	64639
twenty-seventh day of January of the year in which the term of the	64640
member being appointed is to commence. Each member shall hold	64641
office from the date of appointment until the end of the term for	64642
which the member was appointed, except that a legislative member	64643
ceases to be a member of the board on ceasing to be a member of	64644
the general assembly. No person shall be appointed to the board	64645
for more than two consecutive terms.	64646

Vacancies shall be filled in the manner prescribed for the	64647
original appointment. A member appointed to fill a vacancy	64648
occurring prior to the expiration of the term for which the	64649
member's predecessor was appointed shall hold office for the	64650
remainder of that term. A member shall continue in office	64651
subsequent to the expiration of the member's term until a	64652
successor takes office or until sixty days have elapsed, whichever	64653
occurs first. ~~No person shall be appointed to the board for more~~	64654
~~than two consecutive terms. Thereafter, terms of office shall be~~	64655
~~two years. Each member shall hold office from the date of~~	64656
~~appointment until the end of the term for which the member was~~	64657
~~appointed, except that a legislative member ceases to be a member~~	64658
~~of the board on ceasing to be a member of the general assembly.~~	64659

The governor, speaker, or president may remove a member for	64660
whom the governor, speaker, or president was the appointing	64661
authority, for misfeasance, malfeasance, or willful neglect of	64662
duty.	64663

The board shall designate a member to serve as chairperson of	64664
the board.	64665

The board shall meet at least once annually. The chairperson	64666
shall call special meetings as needed or upon the request of four	64667
members.	64668

~~Four~~Six members of the board constitute a quorum to transact	64669
and vote on all business coming before the board.	64670

Members of the board shall serve without compensation~~, but~~	64671
~~may be reimbursed for reasonable and necessary expenses incurred~~	64672
~~in the discharge of their duties~~.	64673

The department of health shall provide the board with staff	64674
assistance as requested by the board.	64675

Sec. 3702.93. The dentist loan repayment advisory board shall	64676
determine the amounts that will be paid as loan repayments on	64677
behalf of participants in the dentist loan repayment program. No	64678
In the first and second years, no repayment shall exceed ~~twenty~~	64679
twenty-five thousand dollars in ~~any~~each year~~, except that if~~. In	64680
the third and fourth years, no repayment shall exceed thirty-five	64681
thousand dollars in each year. If, however, a repayment results in	64682
an increase in the participant's federal, state, or local income	64683
tax liability, the department of health, at the participant's	64684
request and with the approval of the director of health, may	64685
reimburse the participant for the increased tax liability,	64686
regardless of the amount of the repayment in that year. ~~Total~~	64687
~~repayment on behalf of a participant shall not exceed eighty~~	64688
~~thousand dollars over the time of participation in the program.~~	64689

Sec. 3702.94. The dentist loan repayment advisory board,	64690
annually on or before the first day of March, shall submit a	64691
report to the governor and general assembly describing the	64692
operations of the dentist loan repayment program during the	64693
previous calendar year. The report shall include information about	64694
all of the following:	64695

(A) The number of requests received by the director of health	64696
that a particular area be designated as a dental health resource	64697
shortage area;	64698

(B) The areas that have been designated as dental health	64699
resource shortage areas and the priorities that have been assigned	64700
to them;	64701

(C) The number of applicants for participation in the dentist	64702
loan repayment program;	64703

(D) The number of dentists assigned to dental health resource	64704
shortage areas and the payments made on behalf of those dentists	64705
under the dentist loan repayment program;	64706

(E) The dental health resource shortage areas that have not	64707
been matched with all of the dentists they need;	64708

(F) The number of dentists failing to complete their service	64709
obligations, the amount of damages owed, and the amount of damages	64710
collected.	64711

Sec. 3703.01. (A) Except as otherwise provided in this	64712
section, the division of ~~industrial compliance~~labor in the	64713
department of commerce shall do all of the following:	64714

(1) Inspect all nonresidential buildings within the meaning	64715
of section 3781.06 of the Revised Code;	64716

(2) Condemn all unsanitary or defective plumbing that is	64717
found in connection with those places;	64718

(3) Order changes in plumbing necessary to insure the safety	64719
of the public health.	64720

(B)(1)(a) The division of ~~industrial compliance~~labor, boards	64721
of health of city and general health districts, and county	64722
building departments shall not inspect plumbing or collect fees	64723
for inspecting plumbing in particular types of buildings in any	64724
municipal corporation that is certified by the board of building	64725
standards under section 3781.10 of the Revised Code to exercise	64726
enforcement authority for plumbing in those types of buildings.	64727

(b) The division shall not inspect plumbing or collect fees	64728
for inspecting plumbing in particular types of buildings in any	64729
health district that employs one or more plumbing inspectors	64730
certified pursuant to division (D) of this section to enforce	64731
Chapters 3781. and 3791. of the Revised Code and the rules adopted	64732
pursuant to those chapters relating to plumbing in those types of	64733
buildings.	64734

(c) The division shall not inspect plumbing or collect fees	64735
for inspecting plumbing in particular types of buildings in any	64736
health district where the county building department is	64737
authorized to inspect those types of buildings pursuant to a	64738
contract described in division (C)(1) of this section.	64739

(d) The division shall not inspect plumbing or collect fees	64740
for inspecting plumbing in particular types of buildings in any	64741
health district where the board of health has entered into a	64742
contract with the board of health of another district to conduct	64743
inspections pursuant to division (C)(2) of this section.	64744

(2) No county building department shall inspect plumbing or	64745
collect fees for inspecting plumbing in any type of building in a	64746
health district unless the department is authorized to inspect	64747
that type of building pursuant to a contract described in division	64748
(C)(1) of this section.	64749

(3) No municipal corporation shall inspect plumbing or	64750
collect fees for inspecting plumbing in types of buildings for	64751
which it is not certified by the board of building standards	64752
under section 3781.10 of the Revised Code to exercise enforcement	64753
authority.	64754

(4) No board of health of a health district shall inspect	64755
plumbing or collect fees for inspecting plumbing in types of	64756
buildings for which it does not have a plumbing inspector	64757
certified pursuant to division (D) of this section.	64758

(C)(1) The board of health of a health district may enter	64759
into a contract with a board of county commissioners to authorize	64760
the county building department to inspect plumbing in buildings	64761
within the health district. The contract may designate that the	64762
department inspect either residential or nonresidential buildings,	64763
as those terms are defined in section 3781.06 of the Revised Code,	64764
or both types of buildings, so long as the department employs or	64765
contracts with a plumbing inspector certified pursuant to	64766
division (D) of this section to inspect the types of buildings	64767
the contract designates. The board of health may enter into a	64768
contract regardless of whether the health district employs any	64769
certified plumbing inspectors to enforce Chapters 3781. and	64770
3791. of the Revised Code.	64771

(2) The board of health of a health district, regardless of	64772
whether it employs any certified plumbing inspectors to enforce	64773
Chapters 3781. and 3791. of the Revised Code, may enter into a	64774
contract with the board of health of another health district to	64775
authorize that board to inspect plumbing in buildings within the	64776
contracting board's district. The contract may designate the	64777
inspection of either residential or nonresidential buildings as	64778
defined in section 3781.06 of the Revised Code, or both types of	64779
buildings, so long as the board that performs the inspections	64780
employs a plumbing inspector certified pursuant to division (D) of	64781
this section to inspect the types of buildings the contract	64782
designates.	64783

(D) The superintendent of ~~industrial compliance~~labor shall	64784
adopt rules prescribing minimum qualifications based on education,	64785
training, experience, or demonstrated ability, that the	64786
superintendent shall use in certifying or recertifying plumbing	64787
inspectors to do plumbing inspections for health districts and	64788
county building departments that are authorized to perform	64789
inspections pursuant to a contract under division (C)(1) of this	64790
section, and for continuing education of plumbing inspectors.	64791
Those minimum qualifications shall be related to the types of	64792
buildings for which a person seeks certification.	64793

(E) The superintendent may enter into reciprocal	64794
registration, licensure, or certification agreements with other	64795
states and other agencies of this state relative to plumbing	64796
inspectors if both of the following apply:	64797

(1) The requirements for registration, licensure, or	64798
certification of plumbing inspectors under the laws of the other	64799
state or laws administered by the other agency are substantially	64800
equal to the requirements the superintendent adopts under division	64801
(D) of this section for certifying plumbing inspectors.	64802

(2) The other state or agency extends similar reciprocity to	64803
persons certified under this chapter.	64804

(F) The superintendent may select and contract with one or	64805
more persons to do all of the following regarding examinations for	64806
certification of plumbing inspectors:	64807

(1) Prepare, administer, score, and maintain the	64808
confidentiality of the examination;	64809

(2) Maintain responsibility for all expenses required to	64810
comply with division (F)(1) of this section;	64811

(3) Charge each applicant a fee for administering the	64812
examination in an amount the superintendent authorizes;	64813

(4) Design the examination for certification of plumbing	64814
inspectors to determine an applicant's competence to inspect	64815
plumbing.	64816

(G) Standards and methods prescribed in local plumbing	64817
regulations shall not be less than those prescribed in Chapters	64818
3781. and 3791. of the Revised Code and the rules adopted pursuant	64819
to those chapters.	64820

(H) Notwithstanding any other provision of this section, the	64821
division shall make a plumbing inspection of any building or	64822
other place that there is reason to believe is in a condition to	64823
be a menace to the public health.	64824

Sec. 3703.03. In the administration of sections 3703.01 to	64825
~~3703.09~~3703.08 of the Revised Code, the division of ~~industrial~~	64826
~~compliance~~labor shall enforce rules governing plumbing adopted	64827
by the board of building standards under authority of sections	64828
3781.10 and 3781.11 of the Revised Code, and register those	64829
persons engaged in or at the plumbing business.	64830

Plans and specifications for all plumbing to be installed in	64831
or for buildings coming within such sections shall be submitted to	64832
and approved by the division before the contract for plumbing is	64833
let.	64834

Sec. 3703.04. The superintendent of ~~industrial compliance~~	64835
labor shall appoint such number of plumbing inspectors as is	64836
required. The inspectors shall be practical plumbers with at least	64837
seven years' experience, and skilled and well-trained in matters	64838
pertaining to sanitary regulations concerning plumbing work.	64839

Sec. 3703.05. Plumbing inspectors employed by the division	64840
of ~~industrial compliance~~labor assigned to the enforcement of	64841
sections 3703.01 to ~~3703.09~~3703.08 of the Revised Code may,	64842
between sunrise and sunset, enter any building where there is good	64843
and sufficient reason to believe that the sanitary condition of	64844
the premises endangers the public health, for the purpose of	64845
making an inspection to ascertain the condition of the premises.	64846

Sec. 3703.06. When any building is found to be in a sanitary	64847
condition or when changes which are ordered, under authority of	64848
this chapter, in the plumbing, drainage, or ventilation have been	64849
made, and after a thorough inspection and approval by the	64850
superintendent of ~~industrial compliance~~labor, the superintendent	64851
shall issue a certificate, which shall be posted in a conspicuous	64852
place for the benefit of the public at large. Upon notification by	64853
the superintendent, the certificate shall be revoked for any	64854
violation of those sections.	64855

Sec. 3703.07. No plumbing work shall be done in any building	64856
or place coming within the jurisdiction of the division of	64857
~~industrial compliance~~labor, except in cases of repairs or leaks	64858
in existing plumbing, until a permit has been issued by the	64859
division.	64860

Before granting such permit, an application shall be made by	64861
the owner of the property or by the person, firm, or corporation	64862
which is to do the work. The application shall be made on a form	64863
prepared by the division for the purpose, and each application	64864
shall be accompanied by a fee of twenty-seven dollars, and an	64865
additional fee of seven dollars for each trap, vented fixture,	64866
appliance, or device. Each application also shall be accompanied	64867
by a plan approval fee of eighteen dollars for work containing one	64868
through twenty fixtures; thirty-six dollars for work containing	64869
twenty-one through forty fixtures; and fifty-four dollars for work	64870
containing forty-one or more fixtures.	64871

Whenever a reinspection is made necessary by the failure of	64872
the applicant or plumbing contractor to have the work ready for	64873
inspection when so reported, or by reason of faulty or improper	64874
installation, the person shall pay a fee of forty-five dollars for	64875
each reinspection.	64876

All fees collected pursuant to this section shall be paid	64877
into the state treasury to the credit of the ~~industrial compliance~~	64878
labor operating fund created in section 121.084 of the Revised	64879
Code.	64880

The superintendent of ~~industrial compliance~~labor, by rule	64881
adopted in accordance with Chapter 119. of the Revised Code, may	64882
increase the fees required by this section and may establish fees	64883
to pay the costs of the division to fulfill its duties established	64884
by this chapter, including, but not limited to, fees for	64885
administering a program for continuing education for, and	64886
certifying and recertifying plumbing inspectors. The fees shall	64887
bear some reasonable relationship to the cost of administering and	64888
enforcing the provisions of this chapter.	64889

Sec. 3703.08. Any owner, agent, or manager of a building in	64890
which an inspection is made by the division of ~~industrial~~	64891
~~compliance~~labor, a board of health of a health district, or a	64892
certified department of building inspection of a municipal	64893
corporation or a county shall have the entire system of drainage	64894
and ventilation repaired, as the division, board of health, or	64895
department of building inspection directs by its order. After due	64896
notice to repair that work is given, the owner, agent, or manager	64897
shall notify the public authority that issued the order when the	64898
work is ready for its inspection. No person shall fail to have	64899
the work ready for inspection at the time specified in the	64900
notice.	64901

Sec. 3703.10. All prosecutions and proceedings by the	64902
division of ~~industrial compliance~~labor for the violation of	64903
sections 3703.01 to ~~3703.09~~3703.08 of the Revised Code, or for	64904
the violation of any of the orders or rules of the division under	64905
those sections, shall be instituted by the superintendent of	64906
~~industrial compliance~~labor. All fines or judgments collected by	64907
the division shall be paid into the state treasury to the credit	64908
of the ~~industrial compliance~~labor operating fund created by	64909
section 121.084 of the Revised Code.	64910

The superintendent, the board of health of a general or city	64911
health district, or any person charged with enforcing the rules of	64912
the division adopted under sections 3703.01 to ~~3703.09~~3703.08 of	64913
the Revised Code may petition the court of common pleas for	64914
injunctive or other appropriate relief requiring any person	64915
violating a rule adopted or order issued by the superintendent	64916
under those sections to comply with the rule or order. The court	64917
of common pleas of the county in which the offense is alleged to	64918
be occurring may grant injunctive or other appropriate relief.	64919

The superintendent may do all of the following:

64920

(A) Deny an applicant certification as a plumbing inspector;

64921

(B) Suspend or revoke the certification of a plumbing	64922
inspector;	64923

64924

(D) Examine the records and books of any certified plumbing	64925
inspector if the superintendent finds the material to be examined	64926
relevant to a determination described in division (A), (B), or (C)	64927
of this section.	64928

Sec. 3703.21. (A) Within ninety days after ~~the effective~~	64929
~~date of this section~~September 16, 2004, the superintendent of ~~the~~	64930
~~division of industrial compliance~~labor shall appoint a backflow	64931
advisory board consisting of not more than ten members, who shall	64932
serve at the pleasure of the superintendent. The superintendent	64933
shall appoint a representative from the plumbing section of the	64934
division of ~~industrial compliance~~labor, three representatives	64935
recommended by the plumbing administrator of the division of	64936
~~industrial compliance~~labor, a representative of the drinking	64937
water program of the Ohio environmental protection agency, three	64938
representatives recommended by the director of environmental	64939
protection, and not more than two members who are not employed by	64940
the plumbing or water industry.	64941

The board shall advise the superintendent on matters	64942
pertaining to the training and certification of backflow	64943
technicians.	64944

(B) The superintendent shall adopt rules in accordance with	64945
Chapter 119. of the Revised Code to provide for the certification	64946
of backflow technicians. The rules shall establish all of the	64947
following requirements, specifications, and procedures:	64948

(1) Requirements and procedures for the initial certification	64949
of backflow technicians, including eligibility criteria and	64950
application requirements and fees;	64951

(2) Specifications concerning and procedures for taking	64952
examinations required for certification as a backflow technician,	64953
including eligibility criteria to take the examination and	64954
application requirements and fees for taking the examination;	64955

(3) Specifications concerning and procedures for renewing a	64956
certification as a backflow technician, including eligibility	64957
criteria, application requirements, and fees for renewal;	64958

(4) Specifications concerning and procedures for both of the	64959
following:	64960

(a) Approval of training agencies authorized to teach	64961
required courses to candidates for certification as backflow	64962
technicians or continuing education courses to certified backflow	64963
technicians;	64964

(b) Renewal of the approval described in division (B)(4)(a)	64965
of this section.	64966

(5) Education requirements that candidates for initial	64967
certification as backflow technicians must satisfy and continuing	64968
education requirements that certified backflow technicians must	64969
satisfy;	64970

(6) Grounds and procedures for denying, suspending, or	64971
revoking certification, or denying the renewal of certification,	64972
as a backflow technician;	64973

(7) Procedures for issuing administrative orders for the	64974
remedy of any violation of this section or any rule adopted	64975
pursuant to division (B) of this section, including, but not	64976
limited to, procedures for assessing a civil penalty authorized	64977
under division (D) of this section;	64978

(8) Any provision the superintendent determines is necessary	64979
to administer or enforce this section.	64980

(C) No individual shall engage in the installation, testing,	64981
or repair of any isolation backflow prevention device unless that	64982
individual possesses a valid certification as a backflow	64983
technician. This division does not apply with respect to the	64984
installation, testing, or repair of any containment backflow	64985
prevention device.	64986

(D) Whoever violates division (C) of this section or any rule	64987
adopted pursuant to division (B) of this section shall pay a civil	64988
penalty of not more than five thousand dollars for each day that	64989
the violation continues. The superintendent may, by order, assess	64990
a civil penalty under this division, or may request the attorney	64991
general to bring a civil action to impose the civil penalty in the	64992
court of common pleas of the county in which the violation	64993
occurred or where the violator resides.	64994

(E) Any action taken under a rule adopted pursuant to	64995
division (B)(6) of this section is subject to the appeal process	64996
of Chapter 119. of the Revised Code. An administrative order	64997
issued pursuant to rules adopted under division (B)(7) of this	64998
section and an appeal to that type of administrative order shall	64999
be executed in accordance with Chapter 119. of the Revised Code.	65000

(F) As used in this section:

65001

(1) "Isolation backflow prevention device" means a device for	65002
the prevention of the backflow of liquids, solids, or gases that	65003
is regulated by the building code adopted pursuant to section	65004
3781.10 of the Revised Code and rules adopted pursuant to this	65005
section.	65006

(2) "Containment backflow prevention device" means a device	65007
for the prevention of the backflow of liquids, solids, or gases	65008
that is installed by the supplier of, or as a requirement of, any	65009
public water system as defined in division (A) of section 6109.01	65010
of the Revised Code.	65011

Sec. 3703.99. Whoever violates sections 3703.01 to ~~3703.09~~	65012
3703.08 of the Revised Code, or any rule the division of	65013
~~industrial compliance~~labor is required to enforce under such	65014
sections, shall be fined not less than ten nor more than one	65015
hundred dollars or imprisoned for not less than ten nor more than	65016
ninety days, or both. No person shall be imprisoned under this	65017
section for the first offense, and the prosecution always shall be	65018
as for a first offense unless the affidavit upon which the	65019
prosecution is instituted contains the allegation that the offense	65020
is a second or repeated offense.	65021

Sec. 3704.14. (A) ~~The director of environmental protection~~	65022
~~shall continue to implement an enhanced motor vehicle inspection~~	65023
~~and maintenance program for a period of two years beginning on~~	65024
~~January 1, 2006, and ending on December 31, 2007, in counties in~~	65025
~~which a motor vehicle inspection and maintenance program is~~	65026
~~federally mandated. The program shall be substantially similar to~~	65027
~~the enhanced program implemented in those counties under a~~	65028
~~contract that is scheduled to expire on December 31, 2005. The~~(1)	65029
If the director of environmental protection determines that	65030
implementation of a motor vehicle inspection and maintenance	65031
program is necessary for the state to effectively comply with the	65032
federal Clean Air Act after June 30, 2009, the director may	65033
provide for the implementation of the program in those counties in	65034
this state in which such a program is federally mandated. Upon	65035
making such a determination, the director of environmental	65036
protection may request the director of administrative services to	65037
extend the terms of the contract that was entered into under the	65038
authority of Section 7 of Am. Sub. H.B. 24 of the 127th general	65039
assembly. Upon receiving the request, the director of	65040
administrative services shall extend the contract, beginning on	65041
July 1, 2009, in accordance with this section. The contract shall	65042
be extended for a period of up to six months with the contractor	65043
who conducted the motor vehicle inspection and maintenance program	65044
under that contract.	65045

(2) Prior to the expiration of the contract extension that is	65046
authorized by division (A)(1) of this section, the director of	65047
environmental protection may request the director of	65048
administrative services to enter into a contract with a vendor to	65049
operate a motor vehicle inspection and maintenance program in each	65050
county in this state in which such a program is federally mandated	65051
through June 30, 2011, with an option for the state to renew the	65052
contract through June 30, 2012. The contract shall ensure that the	65053
motor vehicle inspection and maintenance program achieve at least	65054
the same ozone precursor reductions as achieved by the program	65055
operated under the authority of the contract that was extended	65056
under division (A)(1) of this section. The director of	65057
administrative services shall select a vendor through a	65058
competitive selection process in compliance with Chapter 125. of	65059
the Revised Code.	65060

(3) A motor vehicle inspection and maintenance program	65061
operated under this section shall comply with division (B) of this	65062
section. The director of environmental protection shall administer	65063
the motor vehicle inspection and maintenance program operated	65064
under this section.	65065

(B) The motor vehicle inspection and maintenance program	65066
authorized by this section, at a minimum, shall do all of the	65067
following:	65068

(1) Comply with the federal Clean Air Act;

65069

(2) ~~Provide for the extension of a contract for a period of~~	65070
~~two years, beginning on January 1, 2006, and ending on December~~	65071
~~31, 2007, with the contractor who conducted the enhanced motor~~	65072
~~vehicle inspection and maintenance program in those federally~~	65073
~~mandated counties pursuant to a contract entered into under former~~	65074
~~section 3704.14 of the Revised Code as that section existed prior~~	65075
~~to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th~~	65076
~~General Assembly;~~	65077

~~(3)~~ Provide for the issuance of inspection certificates;

65078

~~(4)~~(3) Provide for a new car exemption for motor vehicles	65079
four years old or newer and provide that a new motor vehicle is	65080
exempt for four years regardless of whether legal title to the	65081
motor vehicle is transferred during that period.	65082

~~(B)~~(C) The director of environmental protection shall not	65083
implement a motor vehicle inspection and maintenance program in	65084
any county other than a county in which a motor vehicle	65085
inspection and maintenance program is federally mandated.	65086

~~(C)~~(D) The director of environmental protection shall adopt	65087
rules in accordance with Chapter 119. of the Revised Code that	65088
the director determines are necessary to implement this section.	65089
The director may continue to implement and enforce rules	65090
pertaining to the ~~enhanced~~ motor vehicle inspection and	65091
maintenance program previously implemented under former section	65092
3704.14 of the Revised Code as that section existed prior to its	65093
repeal and reenactment by Am. Sub. H.B. 66 of the 126th general	65094
assembly, provided that the rules do not conflict with this	65095
section.	65096

~~(D)~~(E) There is hereby created in the state treasury the	65097
~~motor vehicle inspection and maintenance~~auto emissions test fund,	65098
which shall consist of money ~~received by the director~~of	65099
environmental protection from any ~~fees for inspections that are~~	65100
~~established in rules adopted~~cash transfers, state and local	65101
grants, and other contributions that are received for the purpose	65102
of funding the program established under this section. The	65103
director shall use money in the fund solely for the	65104
implementation, supervision, administration, operation, and	65105
enforcement of the ~~enhanced~~ motor vehicle inspection and	65106
maintenance program established under this section. Money in the	65107
fund shall not be used for either of the following:	65108

(1) To pay for the inspection costs incurred by a motor	65109
vehicle dealer so that the dealer may provide inspection	65110
certificates to an individual purchasing a motor vehicle from the	65111
dealer when that individual resides in a county that is subject to	65112
the motor vehicle inspection and maintenance program;	65113

(2) To provide payment for more than one free passing	65114
emissions inspection or a total of three emissions inspections for	65115
a motor vehicle in any three-hundred-sixty-five day period. The	65116
owner or lessee of a motor vehicle is responsible for inspection	65117
fees that are related to emissions inspections beyond one free	65118
passing emissions inspection or three total emissions inspections	65119
in any three-hundred-sixty-five day period. Inspection fees that	65120
are charged by a contractor conducting emissions inspections under	65121
a motor vehicle inspection and maintenance program shall be	65122
approved by the director of environmental protection.	65123

~~(E)~~(F) The ~~enhanced~~ motor vehicle inspection and maintenance	65124
program established under this section expires ~~on December 31,~~	65125
~~2007,~~upon the termination of all contracts entered into under	65126
this section and shall not be ~~continued~~implemented beyond ~~that~~	65127
the final date on which termination occurs unless otherwise	65128
federally mandated.	65129

Sec. 3704.144. Gifts, grants, and contributions for the	65130
purpose of adding pollution control equipment to diesel-powered	65131
school buses, including contributions that are made pursuant to	65132
the settlement of an administrative action or civil action that is	65133
brought at the request of the director of environmental protection	65134
pursuant to Chapter 3704., 3714., 3734., 6109., or 6111. of the	65135
Revised Code, shall be credited to the clean diesel school bus	65136
fund, which is hereby created in the state treasury. The director	65137
shall use money credited to the fund to make grants to school	65138
districts in the state and to county boards of mental retardation	65139
and developmental disabilities for the purpose of adding pollution	65140
control equipment to diesel-powered school buses and to pay the	65141
environmental protection agency's costs incurred in administering	65142
this section. In addition, the director may use money credited to	65143
the fund to make grants to school districts and to county boards	65144
of mental retardation and developmental disabilities for the	65145
purpose of maintaining pollution control equipment that is	65146
installed on diesel-powered school buses and to pay the additional	65147
cost incurred by a school district or a county board for using	65148
ultra-low sulfur diesel fuel instead of diesel fuel for the	65149
operation of diesel-powered school buses.	65150

In making grants under this section, the director shall give	65151
priority to school districts and to county boards of mental	65152
retardation and developmental disabilities that are located in a	65153
county that is designated as nonattainment by the United States	65154
environmental protection agency for the fine particulate national	65155
ambient air quality standard under the federal Clean Air Act. In	65156
addition, the director may give a higher priority to a school	65157
district or a county board of mental retardation and developmental	65158
disabilities that employs additional measures that reduce air	65159
pollution from the district's or the county board's school bus	65160
fleet.	65161

The director shall adopt rules establishing procedures and	65162
requirements that are necessary to implement this section,	65163
including procedures and requirements governing applications for	65164
grants.	65165

Sec. 3705.24. (A)(1) The public health council shall, in	65166
accordance with section 111.15 of the Revised Code, adopt rules	65167
prescribing fees for the following items or services provided by	65168
the state office of vital statistics:	65169

(a) Except as provided in division (A)(4) of this section:

65170

(i) A certified copy of a vital record or a certification of	65171
birth;	65172

(ii) A search by the office of vital statistics of its files	65173
and records pursuant to a request for information, regardless of	65174
whether a copy of a record is provided;	65175

(iii) A copy of a record provided pursuant to a request;

65176

(b) Replacement of a birth certificate following an adoption,	65177
legitimation, paternity determination or acknowledgement, or court	65178
order;	65179

65180

(d) Amendment of a vital record that is requested later than	65181
one year after the filing date of the vital record;	65182

(e) Any other documents or services for which the public	65183
health council considers the charging of a fee appropriate.	65184

(2) Fees prescribed under division (A)(1)(a) of this section	65185
shall not be less than ~~seven~~twelve dollars.	65186

(3) Fees prescribed under division (A)(1) of this section	65187
shall be collected in addition to any fees required by sections	65188
3109.14 and 3705.242 of the Revised Code.	65189

(4) Fees prescribed under division (A) of this section shall	65190
not apply to certifications issued under division (H) of this	65191
section or copies provided under section 3705.241 of the Revised	65192
Code.	65193

(B) In addition to the fees prescribed under division (A) of	65194
this section or section 3709.09 of the Revised Code, the office of	65195
vital statistics or the board of health of a city or general	65196
health district shall charge a five-dollar fee for each certified	65197
copy of a vital record and each certification of birth. This fee	65198
shall be deposited in the general operations fund created under	65199
section 3701.83 of the Revised Code and be used to support the	65200
operations, the modernization, and the automation of the vital	65201
records program in this state. A board of health shall forward	65202
all fees collected under this division to the department of	65203
health not later than thirty days after the end of each calendar	65204
quarter.	65205

(C) Except as otherwise provided in division (H) of this	65206
section, and except as provided in section 3705.241 of the Revised	65207
Code, fees collected by the director of health under sections	65208
3705.01 to 3705.29 of the Revised Code shall be paid into the	65209
state treasury to the credit of the general operations fund	65210
created by section 3701.83 of the Revised Code. Except as	65211
provided in division (B) or (I) of this section, money generated	65212
by the fees shall be used only for administration and enforcement	65213
of this chapter and the rules adopted under it. Amounts	65214
submitted to the department of health for copies of vital records	65215
or services in excess of the fees imposed by this section shall	65216
be dealt with as follows:	65217

(1) An overpayment of two dollars or less shall be retained	65218
by the department and deposited in the state treasury to the	65219
credit of the general operations fund created by section 3701.83	65220
of the Revised Code.	65221

(2) An overpayment in excess of two dollars shall be returned	65222
to the person who made the overpayment.	65223

(D) If a local registrar is a salaried employee of a city or	65224
a general health district, any fees the local registrar receives	65225
pursuant to section 3705.23 of the Revised Code shall be paid into	65226
the general fund of the city or the health fund of the general	65227
health district.	65228

Each local registrar of vital statistics, or each health	65229
district where the local registrar is a salaried employee of the	65230
district, shall be entitled to a fee for each birth, fetal death,	65231
death, or military service certificate properly and completely	65232
made out and registered with the local registrar or district and	65233
correctly copied and forwarded to the office of vital statistics	65234
in accordance with the population of the primary registration	65235
district at the last federal census. The fee for each birth, fetal	65236
death, death, or military service certificate shall be:	65237

(1) In primary registration districts of over two hundred	65238
fifty thousand, twenty cents;	65239

(2) In primary registration districts of over one hundred	65240
twenty-five thousand and less than two hundred fifty thousand,	65241
sixty cents;	65242

(3) In primary registration districts of over fifty thousand	65243
and less than one hundred twenty-five thousand, eighty cents;	65244

(4) In primary registration districts of less than fifty	65245
thousand, one dollar.	65246

(E) The director of health shall annually certify to the	65247
county treasurers of the several counties the number of birth,	65248
fetal death, death, and military service certificates registered	65249
from their respective counties with the names of the local	65250
registrars and the amounts due each registrar and health district	65251
at the rates fixed in this section. Such amounts shall be paid by	65252
the treasurer of the county in which the registration districts	65253
are located. No fees shall be charged or collected by registrars	65254
except as provided by this chapter and section 3109.14 of the	65255
Revised Code.	65256

(F) A probate judge shall be paid a fee of fifteen cents for	65257
each certified abstract of marriage prepared and forwarded by the	65258
probate judge to the department of health pursuant to section	65259
3705.21 of the Revised Code. The fee shall be in addition to the	65260
fee paid for a marriage license and shall be paid by the	65261
applicants for the license.	65262

(G) The clerk of a court of common pleas shall be paid a fee	65263
of one dollar for each certificate of divorce, dissolution, and	65264
annulment of marriage prepared and forwarded by the clerk to the	65265
department pursuant to section 3705.21 of the Revised Code. The	65266
fee for the certified abstract of divorce, dissolution, or	65267
annulment of marriage shall be added to the court costs allowed in	65268
these cases.	65269

(H) The fee for an heirloom certification of birth issued	65270
pursuant to division (B)(2) of section 3705.23 of the Revised Code	65271
shall be an amount prescribed by rule by the director of health	65272
plus any fee required by section 3109.14 of the Revised Code. In	65273
setting the amount of the fee, the director shall establish a	65274
surcharge in addition to an amount necessary to offset the expense	65275
of processing heirloom certifications of birth. The fee prescribed	65276
by the director of health pursuant to this division shall be	65277
deposited into the state treasury to the credit of the heirloom	65278
certification of birth fund which is hereby created. Money	65279
credited to the fund shall be used by the office of vital	65280
statistics to offset the expense of processing heirloom	65281
certifications of birth. However, the money collected for the	65282
surcharge, subject to the approval of the controlling board, shall	65283
be used for the purposes specified by the family and children	65284
first council pursuant to section 121.37 of the Revised Code.	65285

(I) Four dollars of each fee collected by the director of	65286
health or the board of health of a city or general health district	65287
for an item or service described in division (A)(1)(a) of this	65288
section shall be transferred to the office of vital statistics	65289
not later than thirty days after the end of each calendar quarter.	65290

Sec. 3706.04. The Ohio air quality development authority	65291
may:	65292

(A) Adopt bylaws for the regulation of its affairs and the	65293
conduct of its business;	65294

(B) Adopt an official seal;

65295

(C) Maintain a principal office and suboffices at such places	65296
within the state as it designates;	65297

(D) Sue and plead in its own name; be sued and impleaded in	65298
its own name with respect to its contracts or torts of its	65299
members, employees, or agents acting within the scope of their	65300
employment, or to enforce its obligations and covenants made under	65301
sections 3706.05, 3706.07, and 3706.12 of the Revised Code. Any	65302
such actions against the authority shall be brought in the court	65303
of common pleas of the county in which the principal office of the	65304
authority is located, or in the court of common pleas of the	65305
county in which the cause of action arose, provided such county is	65306
located within this state, and all summonses, exceptions, and	65307
notices of every kind shall be served on the authority by leaving	65308
a copy thereof at the principal office with the person in charge	65309
thereof or with the secretary-treasurer of the authority.	65310

(E) Make loans and grants to governmental agencies for the	65311
acquisition or construction of air quality projects by any such	65312
governmental agency and adopt rules and procedures for making such	65313
loans and grants;	65314

(F) Acquire, construct, reconstruct, enlarge, improve,	65315
furnish, equip, maintain, repair, operate, lease or rent to, or	65316
contract for operation by, a person or governmental agency, air	65317
quality projects, and establish rules for the use of such	65318
projects;	65319

(G) Make available the use or services of any air quality	65320
project to one or more persons, one or more governmental agencies,	65321
or any combination thereof;	65322

(H) Issue air quality revenue bonds and notes and air quality	65323
revenue refunding bonds of the state, payable solely from revenues	65324
as provided in section 3706.05 of the Revised Code, unless the	65325
bonds be refunded by refunding bonds, for the purpose of paying	65326
any part of the cost of one or more air quality projects or parts	65327
thereof;	65328

(I) Acquire by gift or purchase, hold, and dispose of real	65329
and personal property in the exercise of the powers of the	65330
authority and the performance of its duties under this chapter;	65331

(J) Acquire, in the name of the state, by purchase or	65332
otherwise, on such terms and in such manner as the authority finds	65333
proper, or by the exercise of the right of condemnation in the	65334
manner provided by section 3706.17 of the Revised Code, such	65335
public or private lands, including public parks, playgrounds, or	65336
reservations, or parts thereof or rights therein, rights-of-way,	65337
property, rights, easements, and interests as it finds necessary	65338
for carrying out this chapter, but excluding the acquisition by	65339
the exercise of the right of condemnation of any air quality	65340
facility owned by any person or governmental agency; and	65341
compensation shall be paid for public or private lands so taken;	65342

(K) Make and enter into all contracts and agreements and	65343
execute all instruments necessary or incidental to the performance	65344
of its duties and the execution of its powers under this chapter.	65345

(1) When the cost under any such contract or agreement, other	65346
than compensation for personal services, involves an expenditure	65347
of more than two thousand dollars, the authority shall make a	65348
written contract with the lowest responsive and responsible	65349
bidder, in accordance with section 9.312 of the Revised Code,	65350
after advertisement for not less than two consecutive weeks in a	65351
newspaper of general circulation in Franklin county, and in such	65352
other publications as the authority determines, which notice shall	65353
state the general character of the work and the general character	65354
of the materials to be furnished, the place where plans and	65355
specifications therefor may be examined, and the time and place of	65356
receiving bids; provided, that a contract or lease for the	65357
operation of an air quality project constructed and owned by the	65358
authority or an agreement for cooperation in the acquisition or	65359
construction of an air quality project pursuant to section 3706.12	65360
of the Revised Code or any contract for the construction of an air	65361
quality project that is to be leased by the authority to, and	65362
operated by, persons who are not governmental agencies and the	65363
cost of such project is to be amortized exclusively from rentals	65364
or other charges paid to the authority by persons who are not	65365
governmental agencies is not subject to the foregoing requirements	65366
and the authority may enter into such contract, lease, or	65367
agreement pursuant to negotiation and upon such terms and	65368
conditions and for such period as it finds to be reasonable and	65369
proper in the circumstances and in the best interests of proper	65370
operation or of efficient acquisition or construction of such	65371
project.	65372

(2) Each bid for a contract for the construction, demolition,	65373
alteration, repair, or reconstruction of an improvement shall	65374
contain the full name of every person interested in it and meet	65375
the requirements of section 153.54 of the Revised Code.	65376

(3) Each bid for a contract except as provided in division	65377
(K)(2) of this section shall contain the full name of every person	65378
interested in it and shall be accompanied by a sufficient bond or	65379
certified check on a solvent bank that if the bid is accepted a	65380
contract will be entered into and the performance thereof secured.	65381

(4) The authority may reject any and all bids.

65382

(5) A bond with good and sufficient surety, approved by the	65383
authority, shall be required of every contractor awarded a	65384
contract except as provided in division (K)(2) of this section, in	65385
an amount equal to at least fifty per cent of the contract price,	65386
conditioned upon the faithful performance of the contract.	65387

(L) Employ managers, superintendents, and other employees and	65388
retain or contract with consulting engineers, financial	65389
consultants, accounting experts, architects, attorneys, and such	65390
other consultants and independent contractors as are necessary in	65391
its judgment to carry out this chapter, and fix the compensation	65392
thereof. All expenses thereof shall be payable solely from the	65393
proceeds of air quality revenue bonds or notes issued under this	65394
chapter, from revenues, or from funds appropriated for such	65395
purpose by the general assembly.	65396

(M) Receive and accept from any federal agency, subject to	65397
the approval of the governor, grants for or in aid of the	65398
construction of any air quality project or for research and	65399
development with respect to air quality facilities, and receive	65400
and accept aid or contributions from any source of money,	65401
property, labor, or other things of value, to be held, used, and	65402
applied only for the purposes for which such grants and	65403
contributions are made;	65404

(N) Engage in research and development with respect to air	65405
quality facilities;	65406

(O) Purchase fire and extended coverage and liability	65407
insurance for any air quality project and for the principal office	65408
and suboffices of the authority, insurance protecting the	65409
authority and its officers and employees against liability for	65410
damage to property or injury to or death of persons arising from	65411
its operations, and any other insurance the authority may agree to	65412
provide under any resolution authorizing its air quality revenue	65413
bonds or in any trust agreement securing the same;	65414

(P) Charge, alter, and collect rentals and other charges for	65415
the use or services of any air quality project as provided in	65416
section 3706.13 of the Revised Code;	65417

(Q) Develop energy initiatives, projects, and policy for the	65418
state in accordance with section 3706.35 of the Revised Code;	65419

(R) Provide coverage for its employees under Chapters 145.,	65420
4123., and 4141. of the Revised Code;	65421

~~(R)~~(S) Do all acts necessary or proper to carry out the	65422
powers expressly granted in this chapter.	65423

Any instrument by which real property is acquired pursuant to	65424
this section shall identify the agency of the state that has the	65425
use and benefit of the real property as specified in section	65426
5301.012 of the Revised Code.	65427

Sec. 3706.25. As used in sections 3706.25 to 3706.30 of the	65428
Revised Code:	65429

(A) "Advanced energy project" means any technologies,	65430
products, activities, or management practices or strategies that	65431
facilitate the generation or use of electricity or energy and that	65432
reduce or support the reduction of energy consumption or support	65433
the production of clean, renewable energy for industrial,	65434
distribution, commercial, institutional, governmental, research,	65435
not-for-profit, or residential energy users including, but not	65436
limited to, advanced energy resources and renewable energy	65437
resources. "Advanced energy project" includes any project	65438
described in division (A), (B), or (C) of section 4928.621 of the	65439
Revised Code.	65440

(B) "Advanced energy resource" means any of the following:

65441

(1) Any method or any modification or replacement of any	65442
property, process, device, structure, or equipment that increases	65443
the generation output of an electric generating facility to the	65444
extent such efficiency is achieved without additional carbon	65445
dioxide emissions by that facility;	65446

(2) Any distributed generation system consisting of customer	65447
cogeneration of electricity and thermal output simultaneously,	65448
primarily to meet the energy needs of the customer's facilities;	65449

(3) Advanced nuclear energy technology consisting of	65450
generation III technology as defined by the nuclear regulatory	65451
commission; other, later technology; or significant improvements	65452
to existing facilities;	65453

(4) Any fuel cell used in the generation of electricity,	65454
including, but not limited to, a proton exchange membrane fuel	65455
cell, phosphoric acid fuel cell, molten carbonate fuel cell, or	65456
solid oxide fuel cell;	65457

(5) Advanced solid waste or construction and demolition	65458
debris conversion technology, including, but not limited to,	65459
advanced stoker technology, and advanced fluidized bed	65460
gasification technology, that results in measurable greenhouse	65461
gas emissions reductions as calculated pursuant to the United	65462
States environmental protection agency's waste reduction model	65463
(WARM);	65464

(6) Methane gas emitted from an operating or abandoned coal	65465
mine.	65466

(C) "Renewable energy resource" means solar photovoltaic or	65467
solar thermal energy, wind energy, power produced by a	65468
hydroelectric facility, geothermal energy, fuel derived from	65469
solid wastes, as defined in section 3734.01 of the Revised Code,	65470
through fractionation, biological decomposition, or other	65471
process that does not principally involve combustion, biomass	65472
energy, biologically derived methane gas, or energy derived	65473
from nontreated by-products of the pulping process or wood	65474
manufacturing process, including bark, wood chips, sawdust,	65475
and lignin in spent pulping liquors. "Renewable energy	65476
resource" includes, but is not limited to, any fuel cell used	65477
in the generation of electricity, including, but not limited	65478
to, a proton exchange membrane fuel cell, phosphoric acid fuel	65479
cell, molten carbonate fuel cell, or solid oxide fuel cell; wind	65480
turbine located in the state's territorial waters of Lake Erie;	65481
storage facility that will promote the better utilization of a	65482
renewable energy resource that primarily generates off peak; or	65483
distributed generation system used by a customer to generate	65484
electricity from any such energy. As used in this division,	65485
"hydroelectric facility" means a hydroelectric generating	65486
facility that is located at a dam on a river, or on any water	65487
discharged to a river, that is within or bordering this state	65488
or within or bordering an adjoining state and meets all of the	65489
following standards:	65490

(1) The facility provides for river flows that are not	65491
detrimental for fish, wildlife, and water quality, including	65492
seasonal flow fluctuations as defined by the applicable licensing	65493
agency for the facility.	65494

(2) The facility demonstrates that it complies with the	65495
water quality standards of this state, which compliance may	65496
consist of certification under Section 401 of the "Clean Water	65497
Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and	65498
demonstrates that it has not contributed to a finding by this	65499
state that the river has impaired water quality under Section	65500
303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33	65501
U.S.C. 1313.	65502

(3) The facility complies with mandatory prescriptions	65503
regarding fish passage as required by the federal energy	65504
regulatory commission license issued for the project, regarding	65505
fish protection for riverine, anadromous, and catadromus fish.	65506

(4) The facility complies with the recommendations of the	65507
Ohio environmental protection agency and with the terms of its	65508
federal energy regulatory commission license regarding watershed	65509
protection, mitigation, or enhancement, to the extent of each	65510
agency's respective jurisdiction over the facility.	65511

(5) The facility complies with provisions of the "Endangered	65512
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as	65513
amended.	65514

(6) The facility does not harm cultural resources of the	65515
area. This can be shown through compliance with the terms of its	65516
federal energy regulatory commission license or, if the facility	65517
is not regulated by that commission, through development of a plan	65518
approved by the Ohio historic preservation office, to the extent	65519
it has jurisdiction over the facility.	65520

(7) The facility complies with the terms of its federal	65521
energy regulatory commission license or exemption that are related	65522
to recreational access, accommodation, and facilities or, if the	65523
facility is not regulated by that commission, the facility	65524
complies with similar requirements as are recommended by	65525
resource agencies, to the extent they have jurisdiction over the	65526
facility; and the facility provides access to water to the	65527
public without fee or charge.	65528

(8) The facility is not recommended for removal by any	65529
federal agency or agency of any state, to the extent the	65530
particular agency has jurisdiction over the facility.	65531

Sec. 3706.35. The Ohio air quality development authority	65532
shall establish the energy strategy development program for the	65533
purpose of developing energy initiatives, projects, and policy for	65534
the state. Issues addressed by such initiatives, projects, and	65535
policy shall not be limited to those governed by this chapter.	65536

There is hereby created in the state treasury the energy	65537
strategy development fund. The fund shall consist of money	65538
credited to it and money obtained for advanced energy projects	65539
from federal or private grants, loans, or other sources. Money in	65540
the fund shall be used to carry out the purposes of the program.	65541
Interest earned on the money in the fund shall be credited to the	65542
general revenue fund.	65543

Sec. 3709.09. (A) The board of health of a city or general	65544
health district may, by rule, establish a uniform system of fees	65545
to pay the costs of any services provided by the board.	65546

The fee for issuance of a certified copy of a vital record or	65547
a certification of birth shall not be less than the fee prescribed	65548
for the same service under division (A)(1) of section 3705.24 of	65549
the Revised Code and shall include the fees required by division	65550
(B) of section 3705.24 and section 3109.14 of the Revised Code.	65551

Fees for services provided by the board for purposes	65552
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	65553
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall	65554
be established in accordance with rules adopted under division (B)	65555
of this section. The district advisory council, in the case of a	65556
general health district, and the legislative authority of the	65557
city, in the case of a city health district, may disapprove any	65558
fee established by the board of health under this division, and	65559
any such fee, as disapproved, shall not be charged by the board of	65560
health.	65561

(B) The public health council shall adopt rules under section	65562
111.15 of the Revised Code that establish fee categories and a	65563
uniform ~~methodologies~~methodology for use in calculating the costs	65564
of services provided for purposes specified in sections 3701.344,	65565
3711.10, 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, and 3749.04	65566
of the Revised Code. In adopting the rules, the public health	65567
council shall consider recommendations it receives from advisory	65568
boards established either by statute or the director of health	65569
for entities subject to the fees.	65570

(C) ~~At least thirty days prior to establishing a~~Except when	65571
a board of health establishes a fee by adopting a rule as an	65572
emergency measure, the board of health shall hold a public hearing	65573
regarding each proposed fee for a service provided by the board	65574
for a purpose specified in section 3701.344, 3711.10, 3718.06,	65575
3729.07, 3730.03, 3733.04, 3733.25, or 3749.04 of the Revised	65576
Code~~, a board of health shall notify any entity that would be~~	65577
~~affected by the proposed fee of the amount of the proposed fee~~.	65578
If a public hearing is held, at least twenty days prior to the	65579
public hearing the board shall give written notice of the hearing	65580
to each entity affected by the proposed fee. The notice shall be	65581
mailed to the last known address of each entity and shall specify	65582
the date, time, and place of the hearing and the amount of the	65583
proposed fee.	65584

(D) If a fee established under this section is not received	65585
by the end of the last day on which it is due, the board of health	65586
shall assess a penalty. The amount of the penalty shall be equal	65587
to the greater of the following amounts:	65588

(1) Twenty-five per cent of the fee;

65589

(2) Ten per cent of the fee multiplied by the number of weeks	65590
that have elapsed since the payment was due.	65591

(E) All rules adopted by a board of health under this section	65592
shall be adopted, recorded, and certified as are ordinances of	65593
municipal corporations and the record thereof shall be given in	65594
all courts the same effect as is given such ordinances, but the	65595
advertisements of such rules shall be by publication in one	65596
newspaper of general circulation within the health district.	65597
Publication shall be made once a week for two consecutive weeks	65598
and such rules shall take effect and be in force ten days from the	65599
date of the first publication.	65600

Sec. 3709.092. (A) A board of health of a city or general	65601
health district shall transmit to the director of health all fees	65602
or additional amounts that the public health council requires to	65603
be collected under sections 3701.344, 3718.06, 3729.07, 3733.04,	65604
3733.25, and 3749.04 of the Revised Code. The fees and amounts	65605
shall be transmitted according to the following schedule:	65606

(1) For fees and amounts received by the board on or after	65607
the first day of January but not later than the thirty-first day	65608
of March, transmit the fees and amounts not later than the	65609
fifteenth day of May;	65610

(2) For fees and amounts received by the board on or after	65611
the first day of April but not later than the thirtieth day of	65612
June, transmit the fees and amounts not later than the fifteenth	65613
day of August;	65614

(3) For fees and amounts received by the board on or after	65615
the first day of July but not later than the thirtieth day of	65616
September, transmit the fees and amounts not later than the	65617
fifteenth day of November;	65618

(4) For fees and amounts received by the board on or after	65619
the first day of October but not later than the thirty-first day	65620
of December, transmit the fees and amounts not later than the	65621
fifteenth day of February of the following year.	65622

(B) The director shall deposit the fees and amounts received	65623
under this section into the state treasury to the credit of the	65624
general operations fund created in section 3701.83 of the Revised	65625
Code. Each amount shall be used solely for the purpose for which	65626
it was collected.	65627

Sec. 3710.01. As used in this chapter:

65628

(A) "Asbestos" means the asbestiform varieties of chrysotile	65629
or serpentine, amosite or cummingtonitegrunerite, crocidolite or	65630
riebeckite, actinolite, tremolite, and anthophylite.	65631

(B) "Asbestos hazard abatement activity" means any activity	65632
involving the removal, renovation, enclosure, repair, or	65633
encapsulation, or operation and maintenance of reasonably related	65634
friable asbestos-containing materials in an amount greater than	65635
~~fifty~~three linear feet or ~~fifty~~three square feet. ~~"Asbestos~~	65636
~~hazard abatement activity" also includes any such activity~~	65637
~~involving such asbestos-containing materials in an amount of fifty~~	65638
~~linear or fifty square feet or less if, when combined with any~~	65639
~~other reasonably related activity in terms of time and location of~~	65640
~~the activity, the total amount is in an amount greater than fifty~~	65641
~~linear or fifty square feet.~~	65642

(C) "Asbestos hazard abatement contractor" means a business	65643
entity or public entity that engages in or intends to engage in	65644
asbestos hazard abatement ~~activities~~projects and that employs or	65645
supervises one or more asbestos hazard abatement specialists for	65646
asbestos hazard abatement activities. "Asbestos hazard abatement	65647
contractor" does not mean an employee of an asbestos hazard	65648
abatement contractor, a general contractor who subcontracts to an	65649
asbestos hazard abatement contractor an asbestos hazard abatement	65650
~~activity~~project, or any individual who engages in an asbestos	65651
hazard abatement ~~activity~~project in ~~his~~the individual's own	65652
home.	65653

(D) "Asbestos hazard abatement project" means one or more	65654
asbestos hazard abatement activities ~~that are~~the sum total of	65655
which is in an amount greater than fifty linear feet or fifty	65656
square feet of friable asbestos-containing materials and that is	65657
conducted by one asbestos hazard abatement contractor ~~and that are~~	65658
~~reasonably related to each other~~. "Asbestos hazard abatement	65659
project" also includes any such activity involving such friable	65660
asbestos-containing materials in an amount of fifty linear feet or	65661
fifty square feet or less if, when combined with any other	65662
reasonably related activity in terms of time or location of the	65663
activity, the total amount is in an amount greater than fifty	65664
linear feet or fifty square feet.	65665

(E) "Asbestos hazard abatement specialist" means a person	65666
with responsibility for the oversight or supervision of asbestos	65667
hazard abatement activities, including asbestos hazard abatement	65668
project managers, hazard abatement project supervisors and	65669
foremen, and employees of school districts or other governmental	65670
or public entities who coordinate or directly supervise or oversee	65671
asbestos hazard abatement activities performed by school district,	65672
governmental, or other public employees in school district,	65673
governmental, or other public buildings.	65674

(F) "Asbestos hazard evaluation specialist" means a person	65675
responsible for the inspection, identification, detection, and	65676
assessment of asbestos-containing materials or suspect	65677
asbestos-containing materials, the determination of appropriate	65678
response actions, or the preparation of asbestos management plans	65679
for the purpose of protecting the public health from the hazards	65680
associated with exposure to asbestos, including the performance of	65681
air and bulk sampling. This category of specialists includes	65682
inspectors, management planners, health professionals, industrial	65683
hygienists, private consultants, or other individuals involved in	65684
asbestos risk identification or assessment or regulatory	65685
activities.	65686

(G) "Business entity" means a partnership, firm, association,	65687
corporation, sole proprietorship, or other business concern.	65688

(H) "Public entity" means the state or any of its political	65689
subdivisions or any agency or instrumentality of either.	65690

(I) "License" means a document issued by the department of	65691
health to a business entity or public entity affirming that the	65692
entity has met the requirements set forth in this chapter to	65693
engage in asbestos hazard abatement ~~activities~~projects as an	65694
asbestos hazard abatement contractor.	65695

(J) "Certificate" means:

65696

(1) A document issued by the department to an individual	65697
affirming that the individual has successfully completed the	65698
training and other requirements set forth in this chapter to	65699
qualify as an asbestos hazard abatement specialist, an asbestos	65700
hazard evaluation specialist, an asbestos hazard abatement worker,	65701
an asbestos hazard abatement project designer, an asbestos hazard	65702
abatement air-monitoring technician, an approved asbestos hazard	65703
training provider, or other category of asbestos hazard specialist	65704
that the public health council establishes by rule; or	65705

(2) A document issued by a training institution in accordance	65706
with rules adopted by the public health council affirming that an	65707
individual has successfully completed the instruction required in	65708
all categories as provided in sections 3710.07 and 3710.10 of the	65709
Revised Code.	65710

(K) "Person" means any individual, business entity,	65711
governmental body, or other public or private entity.	65712

(L) "Encapsulate" means to coat, bind, or resurface	65713
asbestos-containing materials on walls, ceilings, pipes, or other	65714
structures to prevent friable asbestos from becoming airborne.	65715

(M) "Friable asbestos-containing material" means any material	65716
that contains more than one per cent asbestos ~~by weight~~as	65717
determined using the methods specified in 40 C.F.R. Part 763,	65718
Subpart E, Appendix E, Section 1, "Polarized Light Microscopy,"	65719
and that can be crumbled, pulverized, or reduced to powder, when	65720
dry, by hand pressure. "Friable asbestos-containing material"	65721
includes previously non-friable material after that material	65722
becomes damaged to the extent that, when dry, it may be crumbled,	65723
pulverized, or reduced to powder by hand pressure.	65724

(N) "Enclosure" means the permanent confinement of friable	65725
asbestos-containing materials with an airtight barrier in an area	65726
not used as an air plenum.	65727

(O) "Renovation" means the removal or stripping of friable	65728
asbestos-containing materials used on any pipe, duct, boiler,	65729
tank, reactor, turbine, furnace, or load supporting member.	65730

(P) "Asbestos hazard abatement worker" means the person	65731
responsible in a nonsupervisory capacity for the performance of an	65732
asbestos hazard abatement activity.	65733

(Q) "Asbestos hazard abatement project designer" means the	65734
person responsible for the oversight of an asbestos hazard	65735
abatement activity or the determination of the workscope, work	65736
sequence, or performance standards for an asbestos hazard	65737
abatement activity, including preparation of specifications,	65738
plans, and contract documents.	65739

(R) "Director" means the director of health or ~~his~~the	65740
director's authorized representative.	65741

(S) "Clearance air sampling" means an air sampling performed	65742
after the completion of any asbestos hazard abatement ~~activity~~	65743
project and prior to the reoccupation of the contained work area	65744
by the public and conducted for the purpose of protecting the	65745
public from the health hazards associated with exposure to friable	65746
asbestos-containing material.	65747

(T) "Asbestos hazard abatement air-monitoring technician"	65748
means the person who is responsible for environmental monitoring	65749
or work area clearance air sampling, including air monitoring	65750
performed to determine completion of response actions under the	65751
rules set forth in 40 C.F.R. 763 Subpart E, adopted by the United	65752
States environmental protection agency pursuant to the "Asbestos	65753
Hazard Emergency Response Act of 1986," Pub. L. 99-519, 100 Stat.	65754
2970. "Asbestos hazard abatement air-monitoring technician" does	65755
not mean an industrial hygienist ~~or industrial hygienist in~~	65756
~~training~~, certified by the American board of industrial hygiene.	65757

Sec. 3710.04. (A) To qualify for an asbestos hazard	65758
abatement contractor's license, a business entity or public entity	65759
shall meet the requirements of this section.	65760

(B) Each employee or agent of the business entity or public	65761
entity applying for a license who will come in contact with	65762
asbestos or will be responsible for an asbestos hazard abatement	65763
~~project~~activity shall do both of the following:	65764

(1) Be familiar with all applicable state and federal	65765
standards for asbestos hazard abatement projects;	65766

(2) Have successfully completed the course of instruction on	65767
asbestos hazard abatement activities, for their particular	65768
certification, approved by the department of health pursuant to	65769
section 3710.10 of the Revised Code, have passed an examination	65770
approved by the department, and demonstrate to the department that	65771
hethe employee or agent is capable of complying with all	65772
applicable standards of this state, the United States	65773
environmental protection agency, and the United States	65774
occupational safety and health administration.	65775

(C) A business entity or public entity applying for an	65776
asbestos hazard abatement contractor's license shall, in addition	65777
to the other requirements of this section, provide at least one	65778
asbestos hazard abatement specialist, certified pursuant to this	65779
chapter and the rules of the public health council adopted	65780
pursuant thereto, for each asbestos hazard abatement project, and	65781
demonstrate to the satisfaction of the department that heall of	65782
the following apply to the applicant:	65783

(1) ~~Has~~The applicant has access to at least one asbestos	65784
disposal site approved by the Ohio environmental protection agency	65785
that is sufficient for the deposit of all asbestos waste that he	65786
the applicant will generate during the term of the license;	65787

(2) IsThe applicant is sufficiently qualified to safely	65788
remove asbestos, demonstrated by reliability as an asbestos hazard	65789
abatement contractor, possesses a work program that prevents the	65790
contamination or recontamination of the environment and protects	65791
the public health from the hazards of exposure to asbestos,	65792
possesses evidence of certification of each individual employee or	65793
agent who will be responsible for others who may come in contact	65794
with friable asbestos-containing materials, possesses evidence of	65795
training of workers required by section 3710.07 of the Revised	65796
Code, and has prior successful experience in asbestos hazard	65797
abatement projects or equivalent qualifications as determined by	65798
rule by the public health council;	65799

(3) ~~Possesses~~The applicant possesses a worker protection	65800
program consistent with requirements established by the public	65801
health council if the contractor is a public entity, and a worker	65802
protection program consistent with the requirements of the United	65803
States occupational safety and health administration if the	65804
contractor is a business entity;	65805

(4) IsThe applicant is registered as a business entity with	65806
the secretary of state.	65807

(D) No applicant for licensure as an asbestos hazard	65808
abatement contractor, in order to meet the requirements of this	65809
chapter, shall list an employee of another contractor.	65810

(E) The business entity or public entity shall meet any other	65811
standards that the public health council, by rule, sets.	65812

(F) Nothing in this chapter or the rules adopted pursuant	65813
thereto relating to asbestos hazard abatement project designers	65814
shall be interpreted as authorizing or permitting an individual	65815
who is certified as an asbestos hazard abatement project designer	65816
to perform the services of a registered architect or professional	65817
engineer unless that person is registered under Chapter 4703. or	65818
4733. of the Revised Code to perform such services.	65819

Sec. 3710.05. (A) Except as otherwise provided in this	65820
chapter, no person shall engage in any asbestos hazard abatement	65821
activities in this state unless licensed or certified pursuant to	65822
this chapter.	65823

(B) To apply for licensure as an asbestos hazard abatement	65824
contractor or certification as an asbestos hazard abatement	65825
specialist, an asbestos hazard evaluation specialist, an asbestos	65826
hazard abatement project designer, or an asbestos hazard abatement	65827
air-monitoring technician, a person shall do all of the following:	65828

(1) Submit a completed application to the department of	65829
health, on a form provided by the department;	65830

(2) Pay the requisite fee as provided in division (D) of this	65831
section;	65832

(3) Submit any other information the public health council by	65833
rule requires.	65834

(C) The application form for a business entity or public	65835
entity applying for an asbestos hazard abatement contractor's	65836
license shall include all of the following:	65837

(1) A description of the protective clothing and respirators	65838
that the public entity will use to comply with rules adopted by	65839
the public health council and that the business entity will use to	65840
comply with requirements of the United States occupational safety	65841
and health administration;	65842

(2) A description of procedures the business entity or public	65843
entity will use for the selection, utilization, handling, removal,	65844
and disposal of clothing to prevent contamination or	65845
recontamination of the environment and to protect the public	65846
health from the hazards associated with exposure to asbestos;	65847

(3) The name and address of each asbestos disposal site that	65848
the business entity or public entity might use during the year;	65849

(4) A description of the site decontamination procedures that	65850
the business entity or public entity will use;	65851

(5) A description of the asbestos hazard abatement procedures	65852
that the business entity or public entity will use;	65853

(6) A description of the procedures that the business entity	65854
or public entity will use for handling waste containing asbestos;	65855

(7) A description of the air-monitoring procedures that the	65856
business entity or public entity will use to prevent contamination	65857
or recontamination of the environment and to protect the public	65858
health from the hazards of exposure to asbestos;	65859

(8) A description of the final clean-up procedures that the	65860
business entity or public entity will use;	65861

(9) A list of all partners, owners, and officers of the	65862
business entity along with their social security numbers;	65863

(10) The federal tax identification number of the business	65864
entity or the public entity.	65865

(D) The fees to be charged to each public entity and business	65866
entity and their employees and agents for licensure,	65867
certification, approval, and renewal of licenses, certifications,	65868
and approvals granted under this chapter, subject to division	65869
(A)(4) of section 3710.02 of the Revised Code, are as follows:	65870

(1) Seven hundred fifty dollars for asbestos hazard abatement	65871
contractors;	65872

(2) Two hundred dollars for asbestos hazard abatement project	65873
designers;	65874

(3) Fifty dollars for asbestos hazard abatement workers;

65875

(4) Two hundred dollars for asbestos hazard abatement	65876
specialists;	65877

(5) Two hundred dollars for asbestos hazard evaluation	65878
specialists; ~~and~~	65879

(6) Nine hundred dollars for approval or renewal of asbestos	65880
hazard training providers.	65881

(E) Notwithstanding division (A) of this section, no business	65882
entity which engages in asbestos hazard abatement ~~activities~~	65883
projects solely at its own place of business is required to be	65884
licensed as an asbestos hazard abatement contractor provided that	65885
the business entity is required to and does comply with all	65886
applicable standards of the United States environmental protection	65887
agency and the United States occupational safety and health	65888
administration and provided further that all persons employed by	65889
the business entity on the ~~activity~~project meet the requirements	65890
of this chapter.	65891

Sec. 3710.051. No ~~person~~asbestos hazard abatement	65892
contractor shall enter into an agreement to perform any aspect of	65893
an asbestos hazard abatement project unless the agreement is	65894
written and contains at least all of the following:	65895

(A) A requirement that all persons working on the project are	65896
licensed or certified by the department of health as required by	65897
this chapter;	65898

(B) A requirement that all project clearance levels and	65899
sampling be in accordance with the public health council rules;	65900

(C) A requirement that all clearance air-monitoring be	65901
conducted by asbestos hazard abatement air-monitoring technicians	65902
or asbestos hazard evaluation specialists certified by the	65903
department.	65904

Sec. 3710.06. (A) Within fifteen business days after	65905
receiving an application, the department of health shall	65906
acknowledge receipt of the application and notify the applicant of	65907
any deficiency in the application. Within sixty calendar days	65908
after receiving a completed application, including all additional	65909
information requested by the department, the department shall	65910
issue a license or certificate or deny the application. The	65911
department shall issue only one license or certificate that is in	65912
effect at one time to a business entity and its principal officers	65913
and a public entity and its principal officers.	65914

(B)(1) The department shall deny an application if it	65915
determines that the applicant has not demonstrated the ability to	65916
comply fully with all applicable federal and state requirements	65917
and all requirements, procedures, and standards established by the	65918
public health council in this chapter.	65919

(2) The department shall deny any application for an asbestos	65920
hazard abatement contractor's license if the applicant or an	65921
officer or employee of the applicant has been convicted of a	65922
felony or found liable in a civil proceeding under any state or	65923
federal law designed to protect the environment.	65924

(3) The department shall send all denials of an application	65925
by certified mail to the applicant. If the department receives a	65926
timely request for a hearing from the applicant, as provided in	65927
division (D) of section 3710.13 of the Revised Code, the	65928
department shall hold a hearing in accordance with Chapter 119. of	65929
the Revised Code.	65930

(C) In an emergency that results from a sudden, unexpected	65931
event that is not a planned asbestos hazard abatement project, the	65932
department may waive the requirements for a license or	65933
~~certificate~~. For the purposes of this division, "emergency"	65934
includes operations necessitated by nonroutine failures of	65935
equipment or by actions of fire and emergency medical personnel	65936
pursuant to duties within their official capacities. Any person	65937
who performs an asbestos hazard abatement ~~activity~~project under	65938
emergency conditions shall notify the director within three days	65939
after performance thereof.	65940

(D) Each license or certificate issued under this chapter	65941
expires one year after the date of issue, but each licensee or	65942
certificate holder may apply to the department for the extension	65943
of ~~his~~the holder's license or certificate under the standard	65944
renewal procedures of Chapter 4745. of the Revised Code.	65945

To qualify for renewal of a license or certificate issued	65946
under this chapter, each licensee or certificate holder shall send	65947
the appropriate renewal fee set forth in division (D) of section	65948
3710.05 of the Revised Code or as adopted by rule by the public	65949
health council pursuant to division (A)(4) of section 3710.02 of	65950
the Revised Code.	65951

Certificate holders also shall successfully complete an	65952
annual renewal course approved by the department pursuant to	65953
section 3710.10 of the Revised Code.	65954

(E) The department may charge a fee in addition to those	65955
specified in division (D) of section 3710.05 of the Revised Code	65956
or in rule of the public health council pursuant to division	65957
(A)(4) of section 3710.02 of the Revised Code if the licensee or	65958
certificate holder applies for renewal after the expiration	65959
thereof or requests a reissuance of any license or certificate,	65960
provided that no such fee shall exceed the original fees by more	65961
than fifty per cent.	65962

Sec. 3710.07. (A) Prior to engaging in any asbestos hazard	65963
abatement project, an asbestos hazard abatement contractor shall	65964
do all of the following:	65965

(1) Prepare a written respiratory protection program as	65966
defined by the public health council pursuant to rule, and make	65967
the program available to the department of health, and workers at	65968
the job site if the contractor is a public entity or prepare a	65969
written respiratory protection program, consistent with 29 C.F.R.	65970
1910.134 and make the program available to the department, and	65971
workers at the job site if the contractor is a business entity;	65972

(2) Ensure that each worker who will be involved in any	65973
asbestos hazard abatement project has been examined within the	65974
preceding year and has been declared by a physician to be	65975
physically capable of working while wearing a respirator;	65976

(3) Ensure that each of the contractor's employees or agents	65977
who will come in contact with asbestos-containing materials or	65978
will be responsible for an asbestos hazard abatement project	65979
receives the appropriate certification or licensure required by	65980
this chapter and completes both of the following training courses:	65981

(a) An initial course approved by the department pursuant to	65982
section 3710.10 of the Revised Code, completed before engaging in	65983
any asbestos hazard abatement ~~project~~activity; ~~and~~	65984

(b) An annual review course approved by the department	65985
pursuant to section 3710.10 of the Revised Code.	65986

(B) After obtaining or renewing a license, an asbestos hazard	65987
abatement contractor shall notify the department, on a form	65988
approved by the director of health, at least ten business days	65989
before beginning each asbestos hazard abatement project conducted	65990
during the term of the contractor's license.	65991

(C) In addition to any other fee imposed under this chapter,	65992
an asbestos hazard abatement contractor shall pay, at the time of	65993
providing notice under division (B) of this section, the	65994
department a fee of sixty-five dollars for each asbestos hazard	65995
abatement project conducted.	65996

Sec. 3710.08. (A) An asbestos hazard abatement contractor	65997
engaging in any asbestos hazard abatement project shall, during	65998
the course of the project:	65999

(1) Conduct each project in a manner that is in compliance	66000
with the requirements the director of environmental protection	66001
adopts pursuant to section 3704.03 of the Revised Code and the	66002
asbestos requirements of the United States occupational safety and	66003
health administration set forth in 29 C.F.R. ~~1926.58~~1926.1101;	66004

(2) Comply with all applicable rules adopted by the public	66005
health council pursuant to section 3710.02 of the Revised Code.	66006

(B) An asbestos hazard abatement contractor that is a public	66007
entity shall:	66008

(1) Provide workers with protective clothing and equipment	66009
and ensure that the workers involved in any asbestos hazard	66010
abatement project use the items properly. Protective clothing and	66011
equipment shall include:	66012

(a) Respirators approved by the national institute of	66013
occupational safety and health. These respirators shall be fit	66014
tested in accordance with requirements of the United States	66015
occupational safety and health administration set forth in 29	66016
C.F.R. ~~1926.58(h)~~1926.1101(h). At the request of an employee, the	66017
asbestos hazard abatement contractor shall provide the employee	66018
with a powered air purifying respirator, in which case, the	66019
testing requirements of division (B)(1)(a) of this section do not	66020
apply.	66021

(b) Items required by the public health council by rule as	66022
provided in division (A)(7) of section 3710.02 of the Revised	66023
Code.	66024

(2) Comply with all applicable standards of conduct and	66025
requirements adopted by the public health council and the director	66026
of health pursuant to section 3710.02 of the Revised Code.	66027

(C) An asbestos hazard abatement specialist engaging in any	66028
asbestos hazard abatement ~~project~~activity shall, during the	66029
course of the ~~project~~activity do all of the following:	66030

(1) Conduct each ~~project~~activity in a manner that will meet	66031
decontamination procedures, project containment procedures, and	66032
asbestos fiber dispersal methods as provided in division (A)(6) of	66033
section 3710.02 of the Revised Code;	66034

(2) Ensure that workers utilize, handle, remove, and dispose	66035
of the disposable clothing provided by abatement contractors in a	66036
manner that will prevent contamination or recontamination of the	66037
environment and protect the public health from the hazards of	66038
exposure to asbestos;	66039

(3) Ensure that workers utilize protective clothing and	66040
equipment and comply with the applicable health and safety	66041
standards set forth in division (A) of this section ~~3710.08 of the~~	66042
~~Revised Code~~;	66043

(4) Ensure that there is no smoking, eating, or drinking in	66044
the work area;	66045

(5) Comply with all applicable standards of conduct and	66046
requirements adopted by the public health council and director of	66047
health pursuant to section 3710.02 of the Revised Code.	66048

(D) An asbestos hazard evaluation specialist engaged in the	66049
identification, detection, and assessment of asbestos-containing	66050
materials, the determination of appropriate response actions, or	66051
other activities associated with an abatement project or the	66052
preparation of management plans, shall comply with the applicable	66053
standards of conduct and requirements adopted by the public health	66054
council and the director of health pursuant to section 3710.02 of	66055
the Revised Code.	66056

(E) Every asbestos hazard abatement worker shall comply with	66057
all applicable standards adopted by the public health council	66058
pursuant to section 3710.02 of the Revised Code.	66059

~~(F) The department may, on a case-by-case basis, approve an~~	66060
~~alternative to the worker protection requirements of divisions~~	66061
~~(A), (B), and (C) of this section for an asbestos hazard abatement~~	66062
~~project conducted by a public entity, provided that the asbestos~~	66063
~~hazard abatement contractor submits the alternative procedure to~~	66064
~~the department in writing and demonstrates to the satisfaction of~~	66065
~~the department that the proposed alternative procedure provides~~	66066
~~equivalent worker protection.~~	66067

Sec. 3710.12. Subject to the hearing provisions of this	66068
chapter, the department of health may deny, suspend, or revoke any	66069
license or certificate, or renewal thereof, if the licensee or	66070
certificate holder does or is doing one of the following:	66071

(A) Fraudulently or deceptively obtains or attempts to obtain	66072
a license or certificate;	66073

(B) Fails at any time to meet the qualifications for a	66074
license or certificate;	66075

(C) Is violating or threatening to violate any provisions of	66076
one of the following:	66077

(1) This chapter or the rules of the public health council or	66078
director of health adopted pursuant thereto;	66079

(2) The "National Emission Standard for Hazardous Air	66080
Pollutants" regulations of the United States environmental	66081
protection agency as the regulations pertain to asbestos; or	66082

(3) The regulations of the United States occupational safety	66083
and health administration as the regulations pertain to asbestos;	66084

(4) The regulations set forth in 40 C.F.R. Part 763 that were	66085
adopted by the United States environmental protection agency	66086
pursuant to Title II of the "Toxic Substances Control Act," Pub.	66087
L. No. 94-469, 90 Stat. 2003, as amended by the "Asbestos Hazard	66088
Emergency Response Act of 1986," Pub. L. No. 99-519, 100 Stat.	66089
2970.	66090

Sec. 3710.13. (A) Except as otherwise provided in Chapter	66091
119. of the Revised Code or this section, before the department of	66092
health takes any action under section 3710.12 of the Revised Code,	66093
it shall give the licensee or certificate holder against whom	66094
action is contemplated an opportunity for a hearing.	66095

Except as otherwise provided in this section, the department	66096
shall give notice and hold the hearing in accordance with Chapter	66097
119. of the Revised Code.	66098

(B) The department, without notice or hearing and in	66099
accordance with the rules of the public health council, may issue	66100
an order requiring any action necessary to meet a public health	66101
emergency involving asbestos. Any person to whom an order is	66102
directed shall immediately comply with the order. Upon application	66103
to the director of health, the person shall be afforded a hearing	66104
as soon as possible, but no more than twenty days after receipt of	66105
the application by the director.	66106

(C) If the director determines, pursuant to division (B) of	66107
this section, that a public health emergency exists, hethe	66108
director may order, without a hearing, the denial, suspension, or	66109
revocation of any license or certificate issued under this chapter	66110
of the parties involved, provided that an opportunity for a	66111
hearing is provided to the affected party as soon as reasonably	66112
possible.	66113

(D) All proceedings under this chapter are subject to Chapter	66114
119. of the Revised Code, except that:	66115

(1) Upon the request of a licensee or certificate holder, the	66116
location of an adjudicatory hearing is the county seat of the	66117
county in which the licensee or certificate holder conducts	66118
business.	66119

(2) The director shall notify, by certified mail or personal	66120
delivery, a licensee or certificate holder that hethe licensee or	66121
certificate holder is entitled to a hearing if hethe licensee or	66122
certificate holder requests it, in writing, within ten business	66123
days of the time that hethe licensee or certificate holder	66124
receives the notice. If the licensee or certificate holder	66125
requests such a hearing, the director shall set the hearing date	66126
no later than ten business days after the director receives the	66127
request.	66128

(3) The director shall not apply for or receive a	66129
postponement or continuation of an adjudication hearing. If a	66130
licensee or certificate holder requests a postponement or	66131
continuation of an adjudication hearing, the director only shall	66132
grant the request if the licensee or certificate holder	66133
demonstrates extreme hardship in complying with the hearing date.	66134
If the director grants a postponement or continuation on the	66135
grounds of extreme hardship, the director shall include in the	66136
record of the case, the nature and cause of the extreme hardship.	66137

(4) In lieu of an adjudicatory hearing required by this	66138
chapter, a licensee or certificate holder, by no later than the	66139
date set for a hearing pursuant to division (A)~~(3)~~(2) of this	66140
section, may by written request to the director, request that the	66141
matter be resolved by the licensee or certificate holder	66142
submitting documents, papers, and other written evidence to the	66143
director to support ~~his~~the licensee's or certificate holder's	66144
claim.	66145

(5) If the director appoints a referee or an examiner to	66146
conduct a hearing, all of the following apply:	66147

(a) The examiner or referee shall serve, by certified mail	66148
and within three business days of the conclusion of the hearing, a	66149
copy of the written adjudication report and ~~his~~the referee's or	66150
examiner's recommendations, on the director and the affected	66151
licensee or certificate holder or the licensee's or certificate	66152
holder's attorney or other representative of record.	66153

(b) The licensee or certificate holder, within three business	66154
days of receipt of the report under division (D)(5)(a) of this	66155
section, may file with the director written objections to the	66156
report and recommendations.	66157

(c) The director shall consider any objections received under	66158
division (D)(5)(b) of this section prior to approving, modifying,	66159
or disapproving the report and recommendations. Within six	66160
business days of receiving the report under division (D)(5)(a) of	66161
this section, the director shall serve ~~his~~the director's order,	66162
by certified mail or personal delivery, on the affected licensee	66163
or certificate holder or the licensee's or certificate holder's	66164
attorney or other representative of record.	66165

(6) If the director conducts an adjudicatory hearing under	66166
this chapter, hethe director shall serve ~~his~~the director's	66167
decision, by certified mail or personal delivery and within three	66168
business days of the conclusion of the hearing, on the affected	66169
licensee or certificate holder or the licensee's or certificate	66170
holder's attorney or other representative of record.	66171

(7) If no hearing is held, the director shall issue an order,	66172
by certified mail or personal delivery and within three business	66173
days of the last date possible for a hearing, based upon the	66174
record available to ~~him~~the director, to the affected licensee or	66175
certificate holder or the licensee's or certificate holder's	66176
attorney or other representative of record.	66177

(8) A licensee or certificate holder shall file a notice of	66178
appeal to an adverse adjudication decision within fifteen days	66179
after receipt of the director's order.	66180

Sec. 3710.141. The director of health may issue an order	66181
requiring any action necessary to meet a public health emergency	66182
involving asbestos. Any unlicensed or uncertified person to whom	66183
an order is directed shall comply immediately with the order. If	66184
immediate action to comply with the order and correct the	66185
emergency is not taken, the attorney general at the request of the	66186
director may commence a civil action for civil penalties and	66187
injunctions in accordance with section 3710.14 of the Revised	66188
Code.	66189

Sec. 3712.01. As used in this chapter:

66190

(A) "Hospice care program" means a coordinated program of	66191
home, outpatient, and inpatient care and services that is operated	66192
by a person or public agency and that provides the following care	66193
and services to hospice patients, including services as indicated	66194
below to hospice patients' families, through a medically directed	66195
interdisciplinary team, under interdisciplinary plans of care	66196
established pursuant to section 3712.06 of the Revised Code, in	66197
order to meet the physical, psychological, social, spiritual, and	66198
other special needs that are experienced during the final stages	66199
of illness, dying, and bereavement:	66200

(1) Nursing care by or under the supervision of a registered	66201
nurse;	66202

(2) Physical, occupational, or speech or language therapy,	66203
unless waived by the department of health pursuant to rules	66204
adopted under division (A) of section 3712.03 of the Revised Code;	66205

(3) Medical social services by a social worker under the	66206
direction of a physician;	66207

(4) Services of a home health aide;

66208

(5) Medical supplies, including drugs and biologicals, and	66209
the use of medical appliances;	66210

(6) Physician's services;

66211

(7) Short-term inpatient care, including both palliative and	66212
respite care and procedures;	66213

(8) Counseling for hospice patients and hospice patients'	66214
families;	66215

(9) Services of volunteers under the direction of the	66216
provider of the hospice care program;	66217

(10) Bereavement services for hospice patients' families.

66218

(B) "Hospice patient" means a patient who has been diagnosed	66219
as terminally ill, has an anticipated life expectancy of six	66220
months or less, and has voluntarily requested and is receiving	66221
care from a person or public agency licensed under this chapter to	66222
provide a hospice care program.	66223

(C) "Hospice patient's family" means a hospice patient's	66224
immediate family members, including a spouse, brother, sister,	66225
child, or parent, and any other relative or individual who has	66226
significant personal ties to the patient and who is designated as	66227
a member of the patient's family by mutual agreement of the	66228
patient, the relative or individual, and the patient's	66229
interdisciplinary team.	66230

(D) "Interdisciplinary team" means a working unit composed of	66231
professional and lay persons that includes at least a physician, a	66232
registered nurse, a social worker, a member of the clergy or a	66233
counselor, and a volunteer.	66234

(E) "Palliative care" means treatment for a patient with a	66235
serious or life-threatening illness directed at controlling pain,	66236
relieving other symptoms, and ~~focusing on the special needs~~	66237
enhancing the quality of life of ~~a hospice~~the patient and the	66238
~~hospice~~ patient's family ~~as they experience the stress of the~~	66239
~~dying process~~ rather than treatment ~~aimed at investigation and~~	66240
~~intervention~~ for the purpose of cure ~~or prolongation of life~~.	66241
Nothing in this section shall be interpreted to mean that	66242
palliative care can be provided only as a component of a hospice	66243
care program.	66244

(F) "Physician" means a person authorized under Chapter 4731.	66245
of the Revised Code to practice medicine and surgery or	66246
osteopathic medicine and surgery.	66247

(G) "Attending physician" means the physician identified by	66248
the hospice patient or the hospice patient's family as having	66249
primary responsibility for the hospice patient's medical care.	66250

(H) "Registered nurse" means a person registered under	66251
Chapter 4723. of the Revised Code to practice professional	66252
nursing.	66253

(I) "Social worker" means a person licensed under Chapter	66254
4757. of the Revised Code to practice as a social worker or	66255
independent social worker.	66256

Sec. 3712.03. (A) In accordance with Chapter 119. of the	66257
Revised Code, the public health council shall adopt, and may amend	66258
and rescind, rules:	66259

(1) Providing for the licensing of persons or public agencies	66260
providing hospice care programs within this state by the	66261
department of health and for the suspension and revocation of	66262
licenses;	66263

(2) Establishing a license fee and license renewal fee ~~not~~	66264
to, neither of which shall, except as provided in division (B) of	66265
this section, exceed ~~three~~six hundred dollars. The fees shall	66266
cover the three-year period during which an existing license is	66267
valid as provided in division (B) of section 3712.04 of the	66268
Revised Code.	66269

(3) Establishing an inspection fee not to exceed, except as	66270
provided in division (B) of this section, one thousand seven	66271
hundred fifty dollars;	66272

(4) Establishing requirements for hospice care program	66273
facilities and services;	66274

(5) Providing for a waiver of the requirement for the	66275
provision of physical, occupational, or speech or language therapy	66276
contained in division (A)(2) of section 3712.01 of the Revised	66277
Code when the requirement would create a hardship because such	66278
therapy is not readily available in the geographic area served by	66279
the provider of a hospice care program;	66280

(6) Providing for the granting of licenses to provide hospice	66281
care programs to persons and public agencies that are accredited	66282
or certified to provide such programs by an entity whose standards	66283
for accreditation or certification equal or exceed those provided	66284
for licensure under this chapter and rules adopted under it; ~~and~~	66285

(7) Establishing interpretive guidelines for each rule.

66286

(B) Subject to the approval of the controlling board, the	66287
public health council may establish fees in excess of the maximum	66288
amounts ~~provided by sections 3712.01 and 3712.03 to 3712.06 of the~~	66289
~~Revised Code~~specified in this section, provided that the fees do	66290
not exceed those amounts by greater than fifty per cent.	66291

66292

(1) Grant, suspend, and revoke licenses for hospice care	66293
programs in accordance with this chapter and rules adopted under	66294
it;	66295

(2) Make such inspections as are necessary to determine	66296
whether hospice care program facilities and services meet the	66297
requirements of this chapter and rules adopted under it; and	66298

(3) Implement and enforce this chapter and rules adopted	66299
under it.	66300

Sec. 3713.01. As used in sections 3713.01 to 3713.10 of the	66301
Revised Code:	66302

(A) "Person" has the same meaning as used in division (C) of	66303
section 1.59 of the Revised Code and also means any limited	66304
company, limited liability partnership, joint stock company, or	66305
other association.	66306

(B) "Bedding" means any upholstered furniture, any mattress,	66307
upholstered spring, comforter, bolster, pad, cushion, pillow,	66308
mattress protector, quilt, and any other upholstered article, to	66309
be used for sleeping, resting, or reclining purposes, and any	66310
glider, hammock, or other substantially similar article that is	66311
wholly or partly upholstered.	66312

(C) "Secondhand" means any article, or material, or portion	66313
thereof of which prior use has been made in any manner whatsoever.	66314

(D) "Remade, repaired, or renovated articles not for sale"	66315
means any article that is remade, repaired, or renovated for and	66316
is returned to the owner for the owner's own use.	66317

(E) "Sale," "sell," or "sold" shall, in the corresponding	66318
tense, mean sell, offer to sell, or deliver or consign in sale, or	66319
possess with intent to sell, or deliver in sale.	66320

(F) "Upholstered furniture" means any article of furniture	66321
wholly or partly stuffed or filled with material and that is used	66322
or intended for use for sitting, resting, or reclining purposes.	66323

(G) "Stuffed toy" means any article intended for use as a	66324
plaything or for an educational or recreational purpose that is	66325
wholly or partially stuffed with material.	66326

(H) "Tag" or "label" means any material prescribed by the	66327
superintendent of ~~industrial compliance~~labor to be attached to an	66328
article that contains information required under this chapter.	66329

Sec. 3713.02. (A) Except as provided in section 3713.05 of	66330
the Revised Code, no person shall import, manufacture, renovate,	66331
wholesale, or reupholster stuffed toys or articles of bedding in	66332
this state without first registering to do so with the	66333
superintendent of ~~industrial compliance~~labor in accordance with	66334
section 3713.05 of the Revised Code.	66335

(B) No person shall manufacture, offer for sale, sell,	66336
deliver, or possess for the purpose of manufacturing, selling, or	66337
delivering, an article of bedding or a stuffed toy that is not	66338
labeled in accordance with section 3713.08 of the Revised Code.	66339

(C) No person shall manufacture, offer for sale, sell,	66340
deliver, or possess for the purpose of manufacturing, selling, or	66341
delivering, an article of bedding or a stuffed toy that is falsely	66342
labeled.	66343

(D) No person shall sell or offer for sale any secondhand	66344
article of bedding or any secondhand stuffed toy that has not been	66345
sanitized in accordance with section 3713.08 of the Revised Code.	66346

(E) The possession of any article of bedding or stuffed toy	66347
in the course of business by a person required to obtain	66348
registration under this chapter, or by that person's agent or	66349
servant shall be prima-facie evidence of the person's intent to	66350
sell the article of bedding or stuffed toy.	66351

Sec. 3713.03. The superintendent of ~~industrial compliance~~	66352
labor in the department of commerce shall administer and enforce	66353
this chapter.	66354

Sec. 3713.04. (A) In accordance with Chapter 119. of the	66355
Revised Code, the superintendent of ~~industrial compliance~~labor	66356
shall:	66357

(1) Adopt rules pertaining to the definition, name, and	66358
description of materials necessary to carry out this chapter;	66359

(2) Determine the testing standards, fees, and charges to be	66360
paid for making any test or analysis required pursuant to section	66361
3713.08 of the Revised Code.	66362

(B) In accordance with Chapter 119. of the Revised Code, the	66363
superintendent may adopt rules regarding the following:	66364

(1) Establishing an initial application fee or an annual	66365
registration renewal fee not more than fifty per cent higher than	66366
the fees set forth in section 4713.05 of the Revised Code;	66367

(2) Establishing standards, on a reciprocal basis, for the	66368
acceptance of labels and laboratory analyses from other states	66369
where the labeling requirements and laboratory analysis standards	66370
are substantially equal to the requirements of this state,	66371
provided the other state extends similar reciprocity to labels and	66372
laboratory analysis conducted under this chapter;	66373

(3) Any other rules necessary to administer and carry out	66374
this chapter.	66375

66376

(1) Issue administrative orders, conduct hearings, and take	66377
all actions necessary under the authority of Chapter 119. of the	66378
Revised Code for the administration of this chapter. The authority	66379
granted under this division shall include the authority to	66380
suspend, revoke, or deny registration under this chapter.	66381

(2) Establish and maintain facilities within the department	66382
of commerce to make tests and analysis of materials used in the	66383
manufacture of bedding and stuffed toys. The superintendent also	66384
may designate established laboratories in various sections of the	66385
state that are qualified to make these tests. If the	66386
superintendent exercises this authority, the superintendent shall	66387
adopt rules to determine the fees and charges to be paid for	66388
making the tests or analyses authorized under this section.	66389

(3) Exercise such other powers and duties as are necessary to	66390
carry out the purpose and intent of this chapter.	66391

Sec. 3713.05. (A) Applications to register to import,	66392
manufacture, renovate, wholesale, make, or reupholster stuffed	66393
toys or bedding in this state shall be made in writing on forms	66394
provided by the superintendent of ~~industrial compliance~~labor. The	66395
application shall be accompanied by a registration fee of fifty	66396
dollars per person unless the applicant engages only in	66397
renovation, in which case the registration fee shall be	66398
thirty-five dollars.	66399

(B) Upon receipt of the application and the appropriate fee,	66400
the superintendent shall register the applicant and assign a	66401
registration number to the registrant.	66402

(C) Notwithstanding section 3713.02 of the Revised Code and	66403
division (A) of this section, the following are exempt from	66404
registration:	66405

(1) An organization described in section 501(c)(3) of the	66406
"Internal Revenue Code of 1986," and exempt from income tax under	66407
section 501(a) of that code and that is operated exclusively to	66408
provide recreation or social services;	66409

(2) A person who is not regularly engaged in the business of	66410
manufacturing, making, wholesaling, or importing stuffed toys but	66411
who manufactures or makes stuffed toys as a leisure pursuit and	66412
who sells one hundred or fewer stuffed toys within one calendar	66413
year;	66414

(3) A person who is not regularly engaged in the business of	66415
manufacturing, making, wholesaling, or importing quilts,	66416
comforters, pillows, or cushions, but who manufactures or makes	66417
these items as a leisure pursuit and who sells five or fewer	66418
quilts, ten or fewer comforters, or twenty or fewer pillows or	66419
cushions within one calendar year.	66420

(D) Notwithstanding division (C)(2) or (3) of this section, a	66421
person exempt under that division must attach a label to each	66422
stuffed toy that contains all of the following information:	66423

(1) The person's name and address;

66424

(2) A statement that the person is not registered by the	66425
state of Ohio;	66426

(3) A statement that the contents of the product have not	66427
been inspected.	66428

Sec. 3713.06. (A) Any person required to register under	66429
division (A) of section 3713.02 of the Revised Code who imports	66430
bedding or stuffed toys into this state for retail sale or use in	66431
this state and any person required to register under division (A)	66432
of section 3713.02 of the Revised Code who manufactures bedding or	66433
stuffed toys in this state for retail sale or use in this state	66434
shall submit a report to the superintendent of ~~industrial~~	66435
~~compliance~~labor, in a form and manner prescribed by the	66436
superintendent. The form shall be submitted once every six months	66437
and shall show the total number of items of bedding or stuffed	66438
toys imported into this state or manufactured in this state. Each	66439
report shall be accompanied by a fee of four cents for each item	66440
of bedding or stuffed toy imported into this state or manufactured	66441
in this state.	66442

(B) Every importer, manufacturer, or wholesaler of stuffed	66443
toys or articles of bedding, and every mobile home and	66444
recreational vehicle dealer, conversion van dealer, secondhand	66445
dealer, and auction house shall retain records, designated by the	66446
superintendent in rule, for the time period established in rule.	66447

(C) Every importer, manufacturer, or wholesaler of stuffed	66448
toys or articles of bedding, and every mobile home and	66449
recreational vehicle dealer, conversion van dealer, secondhand	66450
dealer, and auction house shall make sufficient investigation of	66451
its records to ensure that the information reported to the	66452
superintendent under division (A) of this section is accurate.	66453

Sec. 3713.07. (A) Registration obtained under this chapter	66454
expires annually on the last day of the month in the month that	66455
the registration was obtained. The superintendent of ~~industrial~~	66456
~~compliance~~labor shall renew the registration in accordance with	66457
Chapter 4745. of the Revised Code.	66458

(B) Failure on the part of any registrant to renew	66459
registration prior to its expiration, when notified as required in	66460
this section, shall not deprive the person of the right to renewal	66461
within the ninety days that follow expiration, but the fee to be	66462
paid for renewal after its expiration shall be one hundred dollars	66463
plus the standard registration fee for the registrant.	66464

(C) If a registrant fails to renew registration within ninety	66465
days of the date that it expired, the former registrant shall	66466
comply with the registration requirements under section 3713.05 of	66467
the Revised Code to obtain valid registration.	66468

Sec. 3713.08. (A) All persons required to register under	66469
division (A) of section 3713.02 of the Revised Code manufacturing,	66470
making, or wholesaling bedding or stuffed toys, or both, that are	66471
sold or offered for sale shall have the material content of their	66472
products tested and analyzed at an established laboratory	66473
designated by the superintendent of ~~industrial compliance~~labor	66474
before the bedding or stuffed toys are sold or offered for sale.	66475

(B) Every stuffed toy or item of bedding sold or offered for	66476
sale shall have a label affixed to it that reports the contents of	66477
the stuffed toy or bedding material in conformity with	66478
requirements established by the superintendent, a registration	66479
number, and any other identifying information as required by the	66480
superintendent.	66481

(C) The seller of any secondhand articles of bedding or	66482
stuffed toys shall sanitize all items in accordance with rules	66483
established by the superintendent prior to the sale of or the	66484
offering for sale of any secondhand articles.	66485

(D) This section does not apply to any of the following:

66486

(1) Persons who meet the qualifications of division (C)(2) or	66487
(3) of section 3713.05 of the Revised Code;	66488

(2) The sale of furniture more than fifty years old;

66489

(3) The sale of furniture from the home of the owner directly	66490
to the purchaser.	66491

Sec. 3713.09. (A) The superintendent of ~~industrial compliance~~	66492
labor may appoint inspectors and periodically inspect and	66493
investigate any establishment where bedding or stuffed toys are	66494
manufactured, made, remade, renovated, repaired, sanitized, sold,	66495
or offered for sale, or where previously used material is	66496
processed for use in the manufacture of bedding or stuffed toys.	66497

(1) Each inspector shall make a written report to the	66498
superintendent of each examination and inspection complete with	66499
the inspector's findings and recommendations. Inspectors may place	66500
"off sale" any article of bedding or stuffed toy offered for sale,	66501
or found in the possession of any person with the intent to sell,	66502
in violation of section 3713.02 of the Revised Code. Inspectors	66503
shall perform other duties related to inspection and examination	66504
as prescribed by the superintendent.	66505

(2) When articles are placed "off sale" under division (A)(1)	66506
of this section, they shall be tagged, and the tag shall not be	66507
removed except by an authorized representative of the division of	66508
~~industrial compliance~~labor after the violator demonstrates to the	66509
satisfaction of the superintendent proof of compliance with the	66510
requirements of section 3713.08 of the Revised Code.	66511

(B)(1) When an inspector has cause to believe that any	66512
bedding or stuffed toy is not tagged or labeled in accordance with	66513
section 3713.08 of the Revised Code, the inspector may open any	66514
seam of the bedding or stuffed toy in question to examine the	66515
material used or contained within it and take a reasonable amount	66516
of the material for testing and analysis and, if necessary,	66517
examine any and all purchase records in order to determine the	66518
contents or the kind of material used in the bedding or stuffed	66519
toy in question. An inspector may seize and hold evidence of any	66520
article of bedding, stuffed toy, or material manufactured, made,	66521
possessed, renovated, remade, or repaired, sold, or offered for	66522
sale contrary to this chapter.	66523

(2) Immediately after seizing articles believed to be in	66524
violation of this chapter, the inspector immediately shall report	66525
the seizure to the superintendent. The superintendent shall hold a	66526
hearing in accordance with Chapter 119. of the Revised Code or	66527
make a ruling in the matter. If the superintendent finds that the	66528
article of bedding, stuffed toy, or material is not in violation	66529
of this chapter, the superintendent shall order the item or items	66530
returned to the owner. If the superintendent finds a violation of	66531
this chapter, the superintendent may do either of the following:	66532

(a) Return the articles to the owner for proper treatment,	66533
tagging or labeling, or other action as ordered by the	66534
superintendent, subject to the requirement that the articles be	66535
reinspected at cost to the owner, prior to being sold or offered	66536
for sale;	66537

(b) Report the violation to the appropriate prosecuting	66538
attorney or city law director.	66539

(C) The superintendent, at reasonable times and upon	66540
reasonable notice, may examine or cause to be examined the records	66541
of any importer, manufacturer, or wholesaler of stuffed toys or	66542
articles of bedding, mobile home and recreational vehicle dealer,	66543
conversion van dealer, secondhand dealer, or auction house to	66544
determine compliance with this chapter. The superintendent may	66545
enter into contracts, pursuant to procedures prescribed by the	66546
superintendent, with persons to examine these records to determine	66547
compliance with this chapter. These persons may collect and remit	66548
to the superintendent any amounts due under this chapter.	66549

(D) Records audited pursuant to division (C) of this section	66550
are confidential and shall not be disclosed except as required by	66551
section 149.43 of the Revised Code, or as the superintendent finds	66552
necessary for the proper administration of this chapter.	66553

(E) In the case of any investigation or examination, or both,	66554
that requires investigation or examination outside of this state	66555
of any importer, manufacturer, or wholesaler of stuffed toys or	66556
articles of bedding, or of any mobile home or recreational vehicle	66557
dealer, conversion van dealer, secondhand dealer, or auction	66558
house, the superintendent may require the investigated or examined	66559
person to pay the actual expense of the investigation or	66560
examination. The superintendent shall provide an itemized	66561
statement of actual expenses to the investigated or examined	66562
person.	66563

(F) Whenever the superintendent has reason to believe, from	66564
the superintendent's own information, upon complaint, or	66565
otherwise, that any person has engaged in, is engaging in, or is	66566
about to engage in any practice prohibited by this chapter, or	66567
when the superintendent has reason to believe that it is necessary	66568
for public health and safety, the superintendent may do any of the	66569
following:	66570

(1) Investigate violations of this chapter, and for that	66571
purpose, may subpoena witnesses in connection with the	66572
investigation. The superintendent may make application to the	66573
appropriate court of common pleas for an order enjoining the	66574
violation of this chapter, and upon a showing by the	66575
superintendent that any registrant or person acting in a manner	66576
that requires registration has violated or is about to violate	66577
this chapter, an injunction, restraining order, or other order as	66578
may be appropriate shall be granted by the court.	66579

(2) Compel by subpoena the attendance of witnesses to testify	66580
in relation to any matter over which the superintendent has	66581
jurisdiction and that is the subject of inquiry and investigation	66582
by the superintendent, and require the production of any book,	66583
paper, or document pertaining to the matter. In case any person	66584
fails to file any statement or report, obey any subpoena, give	66585
testimony, or produce any books, records, or papers as required by	66586
a subpoena, the court of common pleas of any county in the state,	66587
upon application made to it by the superintendent, shall compel	66588
obedience by attachment proceedings for contempt.	66589

(3) Suspend or revoke the registration of any importer,	66590
manufacturer, or wholesaler of stuffed toys or articles of	66591
bedding, mobile home or recreational vehicle dealer, conversion	66592
van dealer, secondhand dealer, or auction house;	66593

(4) Submit evidence of the violation or violations to any	66594
city prosecutor, city director of law, or prosecuting attorney	66595
with authority to prosecute. If the city prosecutor, city director	66596
of law, or prosecuting attorney with authority to prosecute fails	66597
to prosecute, the superintendent shall submit the evidence to the	66598
attorney general who may proceed with the prosecution.	66599

Sec. 3713.10. All money collected under this chapter shall	66600
be deposited into the state treasury to the credit of the	66601
~~industrial compliance~~labor operating fund created under section	66602
121.084 of the Revised Code.	66603

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	66604
health and the environmental protection agency in administering	66605
and enforcing this chapter and rules adopted under it, there is	66606
hereby levied on the disposal of construction and demolition	66607
debris at a construction and demolition debris facility that is	66608
licensed under this chapter or at a solid waste facility that is	66609
licensed under Chapter 3734. of the Revised Code a fee of thirty	66610
cents per cubic yard or sixty cents per ton, as applicable.	66611

(2) The owner or operator of a construction and demolition	66612
debris facility or a solid waste facility shall determine if cubic	66613
yards or tons will be used as the unit of measurement. In	66614
estimating the fee based on cubic yards, the owner or operator	66615
shall utilize either the maximum cubic yard capacity of the	66616
container, or the hauling volume of the vehicle, that transports	66617
the construction and demolition debris to the facility or the	66618
cubic yards actually logged for disposal by the owner or operator	66619
in accordance with rules adopted under section 3714.02 of the	66620
Revised Code. If basing the fee on tonnage, the owner or operator	66621
shall use certified scales to determine the tonnage of	66622
construction and demolition debris that is transported to the	66623
facility for disposal.	66624

(3) The owner or operator of a construction and demolition	66625
debris facility or a solid waste facility shall collect the fee	66626
levied under division (A) of this section as a trustee for the	66627
health district having jurisdiction over the facility, if that	66628
district is on the approved list under section 3714.09 of the	66629
Revised Code, or for the state. The owner or operator shall	66630
prepare and file with the appropriate board of health or the	66631
director of environmental protection monthly returns indicating	66632
the total volume or weight, as applicable, of construction and	66633
demolition debris received for disposal at the facility and the	66634
total amount of money required to be collected on the construction	66635
and demolition debris disposed of during that month. Not later	66636
than thirty days after the last day of the month to which the	66637
return applies, the owner or operator shall mail to the board of	66638
health or the director the return for that month together with the	66639
money required to be collected on the construction and demolition	66640
debris disposed of during that month or may submit the return and	66641
money electronically in a manner approved by the director. The	66642
owner or operator may request, in writing, an extension of not	66643
more than thirty days after the last day of the month to which the	66644
return applies. A request for extension may be denied. If the	66645
owner or operator submits the money late, the owner or operator	66646
shall pay a penalty of ten per cent of the amount of the money due	66647
for each month that it is late.	66648

(4) Of the money that is collected from a construction and	66649
demolition debris facility or a solid waste facility on a per	66650
cubic yard or per ton basis under this section, a board of health	66651
shall transmit three cents per cubic yard or six cents per ton, as	66652
applicable, to the director not later than forty-five days after	66653
the receipt of the money. The money retained by a board of health	66654
under this section shall be paid into a special fund, which is	66655
hereby created in each health district, and used solely to	66656
administer and enforce this chapter and rules adopted under it.	66657

The director shall transmit all money received from the	66658
boards of health of health districts under this section and all	66659
money from the disposal fee collected by the director under this	66660
section to the treasurer of state to be credited to the	66661
construction and demolition debris facility oversight fund, which	66662
is hereby created in the state treasury. The fund shall be	66663
administered by the director, and money credited to the fund shall	66664
be used exclusively for the administration and enforcement of this	66665
chapter and rules adopted under it.	66666

(B) The board of health of a health district or the director	66667
may enter into an agreement with the owner or operator of a	66668
construction and demolition debris facility or a solid waste	66669
facility for the quarterly payment of the money collected from the	66670
disposal fee. The board of health shall notify the director of any	66671
such agreement. Not later than forty-five days after receipt of	66672
the quarterly payment, the board of health shall transmit the	66673
amount established in division (A)(4) of this section to the	66674
director. The money retained by the board of health shall be	66675
deposited in the special fund of the district as required under	66676
that division. Upon receipt of the money from a board of health,	66677
the director shall transmit the money to the treasurer of state to	66678
be credited to the construction and demolition debris facility	66679
oversight fund.	66680

(C) If a construction and demolition debris facility or a	66681
solid waste facility is located within the territorial boundaries	66682
of a municipal corporation or the unincorporated area of a	66683
township, the municipal corporation or township may appropriate up	66684
to four cents per cubic yard or up to eight cents per ton of the	66685
disposal fee required to be paid by the facility under division	66686
(A) of this section for the same purposes that a municipal	66687
corporation or township may levy a fee under division (C) of	66688
section 3734.57 of the Revised Code.	66689

The legislative authority of the municipal corporation or	66690
township may appropriate the money from the fee by enacting an	66691
ordinance or adopting a resolution establishing the amount of the	66692
fee to be appropriated. Upon doing so, the legislative authority	66693
shall mail a certified copy of the ordinance or resolution to the	66694
board of health of the health district in which the construction	66695
and demolition debris facility or the solid waste facility is	66696
located or, if the facility is located in a health district that	66697
is not on the approved list under section 3714.09 of the Revised	66698
Code, to the director. Upon receipt of the copy of the ordinance	66699
or resolution and not later than forty-five days after receipt of	66700
money collected from the fee, the board or the director, as	66701
applicable, shall transmit to the treasurer or other appropriate	66702
officer of the municipal corporation or clerk of the township that	66703
portion of the money collected from the disposal fee by the owner	66704
or operator of the facility that is required by the ordinance or	66705
resolution to be paid to that municipal corporation or township.	66706

Money received by the treasurer or other appropriate officer	66707
of a municipal corporation under this division shall be paid into	66708
the general fund of the municipal corporation. Money received by	66709
the clerk of a township under this division shall be paid into the	66710
general fund of the township. The treasurer or other officer of	66711
the municipal corporation or the clerk of the township, as	66712
appropriate, shall maintain separate records of the money received	66713
under this division.	66714

The legislative authority of a municipal corporation or	66715
township may cease collecting money under this division by	66716
repealing the ordinance or resolution that was enacted or adopted	66717
under this division.	66718

The director shall adopt rules in accordance with Chapter	66719
119. of the Revised Code establishing requirements for prorating	66720
the amount of the fee that may be appropriated under this division	66721
by a municipal corporation or township in which only a portion of	66722
a construction and demolition debris facility is located within	66723
the territorial boundaries of the municipal corporation or	66724
township.	66725

(D) The board of county commissioners of a county in which a	66726
construction and demolition debris facility or a solid waste	66727
facility is located may appropriate up to three cents per cubic	66728
yard or up to six cents per ton of the disposal fee required to be	66729
paid by the facility under division (A) of this section for the	66730
same purposes that a solid waste management district may levy a	66731
fee under division (B) of section 3734.57 of the Revised Code.	66732

The board of county commissioners may appropriate the money	66733
from the fee by adopting a resolution establishing the amount of	66734
the fee to be appropriated. Upon doing so, the board of county	66735
commissioners shall mail a certified copy of the resolution to the	66736
board of health of the health district in which the construction	66737
and demolition debris facility or the solid waste facility is	66738
located or, if the facility is located in a health district that	66739
is not on the approved list under section 3714.09 of the Revised	66740
Code, to the director. Upon receipt of the copy of the resolution	66741
and not later than forty-five days after receipt of money	66742
collected from the fee, the board of health or the director, as	66743
applicable, shall transmit to the treasurer of the county that	66744
portion of the money collected from the disposal fee by the owner	66745
or operator of the facility that is required by the resolution to	66746
be paid to that county.	66747

Money received by a county treasurer under this division	66748
shall be paid into the general fund of the county. The county	66749
treasurer shall maintain separate records of the money received	66750
under this division.	66751

A board of county commissioners may cease collecting money	66752
under this division by repealing the resolution that was adopted	66753
under this division.	66754

(E)(1) This section does not apply to the disposal of	66755
construction and demolition debris at a solid waste facility that	66756
is licensed under Chapter 3734. of the Revised Code if there is no	66757
construction and demolition debris facility licensed under this	66758
chapter within thirty-five miles of the solid waste facility as	66759
determined by a facility's property boundaries.	66760

(2) This section does not apply to the disposal of	66761
construction and demolition debris at a solid waste facility that	66762
is licensed under Chapter 3734. of the Revised Code if the owner	66763
or operator of the facility chooses to collect fees on the	66764
disposal of the construction and demolition debris that are	66765
identical to the fees that are collected under Chapters 343. and	66766
3734. of the Revised Code on the disposal of solid wastes at that	66767
facility.	66768

(3) This section does not apply to the disposal of source	66769
separated materials that are exclusively composed of reinforced or	66770
nonreinforced concrete, asphalt, clay tile, building or paving	66771
brick, or building or paving stone at a construction and	66772
demolition debris facility that is licensed under this chapter	66773
when either of the following applies:	66774

(a) The materials are placed within the limits of	66775
construction and demolition debris placement at the facility as	66776
specified in the license issued to the facility under section	66777
3714.06 of the Revised Code, are not placed within the unloading	66778
zone of the facility, and are used as a fire prevention measure in	66779
accordance with rules adopted by the director under section	66780
3714.02 of the Revised Code.	66781

(b) The materials are not placed within the unloading zone of	66782
the facility or within the limits of construction and demolition	66783
debris placement at the facility as specified in the license	66784
issued to the facility under section 3714.06 of the Revised Code,	66785
but are used as fill material, either alone or in conjunction with	66786
clean soil, sand, gravel, or other clean aggregates, in legitimate	66787
fill operations for construction purposes at the facility or to	66788
bring the facility up to a consistent grade.	66789

(F) Notwithstanding any provision of law to the contrary, the	66790
fee levied under this section applies to the disposal of asbestos	66791
and asbestos-containing materials or products at a construction	66792
and demolition debris facility that is licensed under this	66793
chapter.	66794

Sec. 3714.073. (A) In addition to the fee levied under	66795
division (A)(1) of section 3714.07 of the Revised Code, beginning	66796
July 1, ~~2005~~2009, there is hereby levied on the disposal of	66797
construction and demolition debris at a construction and	66798
demolition debris facility that is licensed under this chapter or	66799
at a solid waste facility that is licensed under Chapter 3734. of	66800
the Revised Code the following fees:	66801

(1) A fee of ~~twelve~~one dollar and ~~one-half~~twenty-five cents	66802
per cubic yard or ~~twenty-five~~two dollars and fifty cents per ton,	66803
as applicable, the proceeds of which shall be deposited in the	66804
state treasury to the credit of the soil and water conservation	66805
district assistance fund created in section 1515.14 of the Revised	66806
Code;	66807

(2) A fee of thirty-seven and one-half cents per cubic yard	66808
or seventy-five cents per ton, as applicable, the proceeds of	66809
which shall be deposited in the state treasury to the credit of	66810
the recycling and litter prevention fund created in section	66811
1502.02 of the Revised Code.	66812

(B) The owner or operator of a construction and demolition	66813
debris facility or a solid waste facility, as a trustee of the	66814
state, shall collect the fees levied under this section and remit	66815
the money from the fees in the manner that is established in	66816
divisions (A)(2) and (3) of section 3714.07 of the Revised Code	66817
for the fee that is levied under division (A)(1) of that section	66818
and may enter into an agreement for the quarterly payment of the	66819
fees in the manner established in division (B) of that section for	66820
the quarterly payment of the fee that is levied under division	66821
(A)(1) of that section.	66822

(C) The money that is collected from a construction and	66823
demolition debris facility or a solid waste facility and remitted	66824
to a board of health or the director of environmental protection,	66825
as applicable, pursuant to this section shall be transmitted by	66826
the board or director to the treasurer of state not later than	66827
forty-five days after the receipt of the money to be credited to	66828
the soil and water conservation district assistance fund or the	66829
recycling and litter prevention fund, as applicable.	66830

(D) This section does not apply to the disposal of	66831
construction and demolition debris at a solid waste facility that	66832
is licensed under Chapter 3734. of the Revised Code if the owner	66833
or operator of the facility chooses to collect fees on the	66834
disposal of the construction and demolition debris that are	66835
identical to the fees that are collected under Chapters 343. and	66836
3734. of the Revised Code on the disposal of solid wastes at that	66837
facility.	66838

(E) This section does not apply to the disposal of source	66839
separated materials that are exclusively composed of reinforced or	66840
nonreinforced concrete, asphalt, clay tile, building or paving	66841
brick, or building or paving stone at a construction and	66842
demolition debris facility that is licensed under this chapter	66843
when either of the following applies:	66844

(1) The materials are placed within the limits of	66845
construction and demolition debris placement at the facility as	66846
specified in the license issued to the facility under section	66847
3714.06 of the Revised Code, are not placed within the unloading	66848
zone of the facility, and are used as a fire prevention measure in	66849
accordance with rules adopted by the director under section	66850
3714.02 of the Revised Code.	66851

(2) The materials are not placed within the unloading zone of	66852
the facility or within the limits of construction and demolition	66853
debris placement at the facility as specified in the license	66854
issued to the facility under section 3714.06 of the Revised Code,	66855
but are used as fill material, either alone or in conjunction with	66856
clean soil, sand, gravel, or other clean aggregates, in legitimate	66857
fill operations for construction purposes at the facility or to	66858
bring the facility up to a consistent grade.	66859

(F) Notwithstanding any provision of law to the contrary, the	66860
fees levied under this section apply to the disposal of asbestos	66861
and asbestos-containing materials or products at a construction	66862
and demolition debris facility that is licensed under this	66863
chapter.	66864

Sec. 3715.041. (A)(1) As used in this section, "food	66865
processing establishment" has the same meaning as in section	66866
3715.021 of the Revised Code.	66867

(2) A person that operates a food processing establishment	66868
shall register the establishment annually with the director of	66869
agriculture. The person shall submit an application for	66870
registration or renewal on a form prescribed and provided by the	66871
director. Except as provided in division (H) of this section, an	66872
application for registration or renewal shall be accompanied by a	66873
registration fee in an amount established in rules adopted under	66874
this section. If a person files an application for registration on	66875
or after the first day of August of any year, the fee shall be	66876
one-half of the annual registration fee.	66877

(B)(1) The director shall inspect the food processing	66878
establishment for which an application for initial registration	66879
has been submitted. If, upon inspection, the director finds that	66880
the establishment is in compliance with this section and section	66881
3715.021 or 3715.60, applicable provisions of section 3715.52, or	66882
Chapter 911., 913., 915., or 925. of the Revised Code, as	66883
applicable, or applicable rules adopted under those sections or	66884
chapters, the director shall issue a certificate of registration	66885
to the food processing establishment. A food processing	66886
establishment registration expires on the thirty-first day of	66887
January and is valid until that date unless it is suspended or	66888
revoked under this section.	66889

(2) A person that is operating a food processing	66890
establishment on the effective date of this section shall apply to	66891
the director for a certificate of registration not later than	66892
ninety days after the effective date of this section. If an	66893
application is not filed with the director or postmarked on or	66894
before ninety days after the effective date of this section, the	66895
director shall assess a late fee in an amount established in rules	66896
adopted under this section.	66897

(C)(1) A food processing establishment registration may be	66898
renewed by the director. A person seeking registration renewal	66899
shall submit an application for renewal to the director not later	66900
than the thirty-first day of January. The director shall issue a	66901
renewed certificate of registration on receipt of a complete	66902
renewal application except as provided in division (C)(2) of this	66903
section.	66904

(2) If a renewal application is not filed with the director	66905
or postmarked on or before the thirty-first day of January, the	66906
director shall assess a late fee in an amount established in rules	66907
adopted under this section. The director shall not renew the	66908
registration until the applicant pays the late fee.	66909

(D) A copy of the food processing establishment registration	66910
certificate shall be conspicuously displayed in an area of the	66911
establishment to which customers of the establishment have	66912
access.	66913

(E) Except for a food processing establishment that is	66914
operating in a home prior to the effective date of this section,	66915
no food processing establishment shall be operated in a home. If a	66916
food processing establishment that is operating in a home prior to	66917
the effective date of this section increases its existing	66918
operating capacity or transfers ownership, the person operating	66919
the food processing establishment or to whom ownership of the	66920
establishment will be transferred shall apply for a food	66921
processing establishment registration under this section.	66922

(F)(1) The director or the director's designee may issue an	66923
order suspending or revoking a food processing establishment	66924
registration upon determining that the registration holder is in	66925
violation of this section or section 3715.021 or 3715.60,	66926
applicable provisions of section 3715.52, or Chapter 911., 913.,	66927
915., or 925. of the Revised Code, as applicable, or applicable	66928
rules adopted under those sections or chapters. Except as provided	66929
in division (F)(2) of this section, a registration shall not be	66930
suspended or revoked until the registration holder is provided an	66931
opportunity to appeal the suspension or revocation in accordance	66932
with Chapter 119. of the Revised Code.	66933

(2) If the director determines that a food processing	66934
establishment presents an immediate danger to the public health,	66935
the director may issue an order immediately suspending the	66936
establishment's registration without affording the registration	66937
holder an opportunity for a hearing. The director then shall	66938
afford the registration holder a hearing in accordance with	66939
Chapter 119. of the Revised Code not later than ten days after the	66940
date of suspension.	66941

(G) The director shall adopt rules in accordance with Chapter	66942
119. of the Revised Code that establish all of the following:	66943

(1) The amount of the registration fee that must be submitted	66944
with an application for a food processing establishment	66945
registration and with an application for renewal;	66946

(2) The amount of the late fee that is required in division	66947
(B)(2) of this section;	66948

(3) The amount of the fee for the late renewal of a food	66949
processing establishment registration that is required in division	66950
(C)(2) of this section;	66951

(4) Any other procedures and requirements that are necessary	66952
to administer and enforce this section.	66953

(H) The following are not required to pay any registration	66954
fee that is otherwise required in this section:	66955

(1) Home bakeries registered under section 911.02 of the	66956
Revised Code;	66957

(2) Canneries licensed under section 913.02 of the Revised	66958
Code;	66959

(3) Soft drink plants licensed under section 913.23 of the	66960
Revised Code;	66961

(4) Cold-storage warehouses licensed under section 915.02 of	66962
the Revised Code;	66963

(5) Persons licensed under section 915.15 of the Revised	66964
Code;	66965

(6) Persons that are engaged in egg production and that	66966
maintain annually five hundred or fewer laying hens.	66967

(J) All money that is collected under this section shall be	66968
credited to the food safety fund created in section 915.24 of the	66969
Revised Code.	66970

Sec. 3717.07. (A) For purposes of establishing a licensing	66971
fee under sections 3717.25 and 3717.45 of the Revised Code, all of	66972
the following apply:	66973

(1) The director of agriculture ~~and the public health council~~	66974
shall adopt rules establishing a uniform ~~methodologies~~methodology	66975
for use in calculating the costs of licensing retail food	66976
establishments in the categories specified by the director ~~and~~.	66977

(2) The public health council shall adopt rules establishing	66978
a uniform methodology for use in calculating the costs of	66979
licensing food service operations in the categories specified by	66980
the council. In	66981

(3) In adopting the rules, the director of agriculture and	66982
the public health council shall consider any recommendations	66983
received from advisory boards or other entities representing the	66984
interests of retail food establishments and food service	66985
operations.	66986

(B) The rules shall include provisions that do all of the	66987
following:	66988

(1) Provide for calculations to be made according to fiscal	66989
years rather than licensing periods;	66990

(2) Limit the direct costs that may be attributed to the use	66991
of sanitarians by establishing appropriate statewide averages that	66992
may not be exceeded;	66993

(3) Limit the indirect costs that may be included in the	66994
calculation of fees to an amount that does not exceed thirty per	66995
cent of the cost of the licensing program;	66996

(4) Provide for a proportionate reduction in the fees to be	66997
charged if a licensor included anticipated costs in the	66998
immediately preceding calculation of licensing fees and the total	66999
amount of the anticipated costs was not incurred;	67000

(5) Provide for a proportionate reduction in the fees to be	67001
charged if it is discovered through an audit by the auditor of	67002
state or through any other means that the licensor has charged or	67003
is charging a licensing fee that exceeds the amount that should	67004
have been charged;	67005

(6) Provide for a twenty per cent reduction in the fees to be	67006
charged when the reduction is imposed as a penalty under division	67007
(C) of section 3717.071 of the Revised Code;	67008

(7) With regard to any fees charged for licensing vending	67009
machine locations, the rules shall prohibit a licensor from	67010
increasing fees by a percentage of increase over the previous	67011
year's fee that exceeds the percentage of increase in the consumer	67012
price index for all urban consumers (United States city average,	67013
all items), prepared by the United States department of labor,	67014
bureau of labor statistics, for the immediately preceding calendar	67015
year.	67016

Sec. 3717.23. (A) Each person or government entity seeking a	67017
retail food establishment license or the renewal of a license	67018
shall apply to the appropriate licensor on a form provided by the	67019
licensor. A licensor shall use a form prescribed and furnished to	67020
the licensor by the director of agriculture or a form prescribed	67021
by the licensor that has been approved by the director. The	67022
applicant shall include with the application all information	67023
necessary for the licensor to process the application, as	67024
requested by the licensor.	67025

An application for a retail food establishment license, other	67026
than an application for a mobile retail food establishment	67027
license, shall be submitted to the licensor for the health	67028
district in which the retail food establishment is located. An	67029
application for a mobile retail food establishment license shall	67030
be submitted to the licensor for the health district in which the	67031
applicant's business headquarters are located, or, if the	67032
headquarters are located outside this state, to the licensor for	67033
the district where the applicant will first operate in this state.	67034

(B) The licensor shall review all applications received. The	67035
licensor shall issue a license for a new retail food establishment	67036
when the applicant submits a complete application and the licensor	67037
determines that the applicant meets all other requirements of this	67038
chapter and the rules adopted under it for receiving the license.	67039
The licensor shall issue a renewed license on receipt of a	67040
complete renewal application.	67041

The licensor shall issue licenses for retail food	67042
establishments on forms prescribed and furnished by the director	67043
of agriculture. If the license is for a mobile retail food	67044
establishment, the licensor shall post the establishment's layout,	67045
equipment, and items to be sold on the back of the license.	67046

A mobile retail food establishment license issued by one	67047
licensor shall be recognized by all other licensors in this state.	67048

(C)(1) A retail food establishment license expires at the end	67049
of the licensing period for which the license is issued, except as	67050
follows:	67051

(a) A license issued to a new retail food establishment after	67052
the first day of December does not expire until the end of the	67053
licensing period next succeeding issuance of the license.	67054

(b) A temporary retail food establishment license expires at	67055
the end of the period for which it is issued.	67056

(2) All retail food establishment licenses remain valid until	67057
scheduled to expire unless earlier suspended or revoked under	67058
section 3717.29 or 3717.30 of the Revised Code.	67059

(D) A retail food establishment license may be renewed,	67060
except that a temporary retail food establishment license is not	67061
renewable. A person or government entity seeking license renewal	67062
shall submit an application for renewal to the licensor not later	67063
than the first day of March, except in the case of a mobile or	67064
seasonal retail food establishment, when the renewal application	67065
shall be submitted before commencing operation in a new licensing	67066
period. A licensor may renew a license prior to the first day of	67067
March or the first day of operation in a new licensing period, but	67068
not before the first day of February immediately preceding the	67069
licensing period for which the license is being renewed.	67070

If a person or government entity does not file a renewal	67071
application with the licensor postmarked on or before the first	67072
day of March or, in the case of a mobile or seasonal retail food	67073
establishment, the first day of operation in a new licensing	67074
period, the licensor shall assess a penalty if the licensor	67075
charges a license renewal fee. The amount of the penalty shall be	67076
the ~~lesser of fifty dollars or~~greater of twenty-five per cent of	67077
the renewal fee ~~charged for renewing the license~~, ~~if the licensor~~	67078
~~charges renewal fees~~or ten per cent of the renewal fee multiplied	67079
by the number of weeks that have elapsed since payment of the fee	67080
was due. If an applicant is subject to a penalty, the licensor	67081
shall not renew the license until the applicant pays the penalty.	67082

(E)(1) A licensor may issue not more than ten temporary	67083
retail food establishment licenses per licensing period to the	67084
same person or government entity to operate at different events	67085
within the licensor's jurisdiction. For each particular event, a	67086
licensor may issue only one temporary retail food establishment	67087
license to the same person or government entity.	67088

(2) A licensor may issue a temporary retail food	67089
establishment license to operate for more than five consecutive	67090
days if both of the following apply:	67091

(a) The establishment will be operated at an event organized	67092
by a county agricultural society or independent agricultural	67093
society organized under Chapter 1711. of the Revised Code.	67094

(b) The person who will receive the license is a resident of	67095
the county or one of the counties for which the agricultural	67096
society was organized.	67097

(3) A person may be granted only one temporary retail food	67098
establishment license per licensing period pursuant to division	67099
(E)(2) of this section.	67100

(F) The licensor may place restrictions or conditions on a	67101
retail food establishment license, based on the equipment or	67102
facilities of the establishment, limiting the types of food that	67103
may be stored, processed, prepared, manufactured, or otherwise	67104
held or handled for retail sale. Limitations pertaining to a	67105
mobile retail food establishment shall be posted on the back of	67106
the license.	67107

(G) The person or government entity holding a license for a	67108
retail food establishment shall display the license for that	67109
retail food establishment at all times at the licensed location.	67110

(H) With the assistance of the department of agriculture, the	67111
licensor, to the extent practicable, shall computerize the process	67112
for licensing retail food establishments.	67113

Sec. 3717.25. (A) A licensor may charge fees for issuing and	67114
renewing retail food establishment licenses. Any licensing fee	67115
charged shall be used solely for the administration and	67116
enforcement of the provisions of this chapter and the rules	67117
adopted under it applicable to retail food establishments.	67118

Any licensing fee charged under this section shall be based	67119
on the licensor's costs of regulating retail food establishments,	67120
as determined according to the uniform ~~methodologies~~methodology	67121
established under section 3717.07 of the Revised Code. If the	67122
licensor is a board of health, a fee may be disapproved by the	67123
district advisory council in the case of a general health district	67124
or the legislative authority of the city in the case of a city	67125
health district. A disapproved fee shall not be charged by the	67126
board of health.	67127

~~At least thirty days prior to establishing~~Except when a	67128
licensing fee is established as an emergency measure, the licensor	67129
shall hold a public hearing regarding the proposed fee. AtIf a	67130
public hearing is held, at least ~~thirty~~twenty days prior to the	67131
public hearing, the licensor shall give written notice of the	67132
hearing to each person or government entity holding a retail food	67133
establishment license that may be affected by the proposed fee.	67134
The notice shall be mailed to the last known address of the	67135
licensee and shall specify the date, time, and place of the	67136
hearing and the amount of the proposed fee. On request, the	67137
licensor shall provide the completed uniform methodology used in	67138
the calculation of the licensor's costs and the proposed fee.	67139

(B) In addition to licensing fees, a licensor may charge fees	67140
for any of the following:	67141

(1) Review of facility layout and equipment specifications	67142
pertaining to retail food establishments, other than mobile and	67143
temporary retail food establishments;	67144

(2) Any necessary collection and bacteriological examination	67145
of samples from retail food establishments or similar services	67146
specified in rules adopted under this chapter by the director of	67147
agriculture;	67148

(3) Attendance at a course of study offered by the licensor	67149
in food protection as it pertains to retail food establishments,	67150
if the course is approved under section 3717.09 of the Revised	67151
Code.	67152

(C)(1) The director may determine by rule an amount to be	67153
collected from applicants for retail food establishment licenses	67154
for use by the director in administering and enforcing the	67155
provisions of this chapter and the rules adopted under it	67156
applicable to retail food establishments. Licensors shall collect	67157
the amount prior to issuing an applicant's new or renewed license.	67158
If a licensing fee is charged under this section, the licensor	67159
shall collect the amount at the same time the fee is collected.	67160
Licensors are not required to provide notice or hold public	67161
hearings regarding amounts to be collected ~~under this division~~.	67162

~~Not later than sixty days after the last day of the month in~~	67163
~~which a license is issued, the~~	67164

(2) A licensor shall certify the amount collected under ~~this~~	67165
division (C)(1) of this section and transmit the amount to the	67166
treasurer of state~~. All~~according to the following schedule:	67167

(a) For amounts received by the licensor on or after the	67168
first day of January but not later than the thirty-first day of	67169
March, transmit the amounts not later than the fifteenth day of	67170
May;	67171

(b) For amounts received by the licensor on or after the	67172
first day of April but not later than the thirtieth day of June,	67173
transmit the amounts not later than the fifteenth day of August;	67174

(c) For amounts received by the licensor on or after the	67175
first day of July but not later than the thirtieth day of	67176
September, transmit the amounts not later than the fifteenth day	67177
of November;	67178

(d) For amounts received by the licensor on or after the	67179
first day of October but not later than the thirty-first day of	67180
December, transmit the amounts not later than the fifteenth day of	67181
February of the following year.	67182

(3) All amounts received shall be deposited into the food	67183
safety fund created in section 915.24 of the Revised Code. The	67184
director shall use the amounts solely for the administration and	67185
enforcement of the provisions of this chapter and the rules	67186
adopted under it applicable to retail food establishments.	67187

(4) When adopting rules regarding the amounts collected under	67188
this division, the director shall make available during the rule	67189
making process the current and projected expenses of administering	67190
and enforcing the provisions of this chapter and the rules adopted	67191
under it applicable to retail food establishments and the total of	67192
all amounts that have been deposited in the food safety fund	67193
pursuant to ~~this~~ division (C)(3) of this section.	67194

Sec. 3717.43. (A) Each person or government entity	67195
requesting a food service operation license or the renewal of a	67196
license shall apply to the appropriate licensor on a form provided	67197
by the licensor. Licensors shall use a form prescribed and	67198
furnished to the licensor by the director of health or a form	67199
prescribed by the licensor that has been approved by the director.	67200
The applicant shall include with the application all information	67201
necessary for the licensor to process the application, as	67202
requested by the licensor.	67203

An application for a food service operation license, other	67204
than an application for a mobile or catering food service	67205
operation license, shall be submitted to the licensor for the	67206
health district in which the food service operation is located. An	67207
application for a mobile food service operation license shall be	67208
submitted to the licensor for the health district in which the	67209
applicant's business headquarters are located, or, if the	67210
headquarters are located outside this state, to the licensor for	67211
the district where the applicant will first operate in this state.	67212
An application for a catering food service operation license shall	67213
be submitted to the licensor for the district where the	67214
applicant's base of operation is located.	67215

(B) The licensor shall review all applications received. The	67216
licensor shall issue a license for a new food service operation	67217
when the applicant submits a complete application and the licensor	67218
determines that the applicant meets all other requirements of this	67219
chapter and the rules adopted under it for receiving the license.	67220
The licensor shall issue a renewed license on receipt of a	67221
complete renewal application.	67222

The licensor shall issue licenses for food service operations	67223
on forms prescribed and furnished by the director of health. If	67224
the license is for a mobile food service operation, the licensor	67225
shall post the operation's layout, equipment, and menu on the back	67226
of the license.	67227

A mobile or catering food service operation license issued by	67228
one licensor shall be recognized by all other licensors in this	67229
state.	67230

(C)(1) A food service operation license expires at the end of	67231
the licensing period for which the license is issued, except as	67232
follows:	67233

(a) A license issued to a new food service operation after	67234
the first day of December shall not expire until the end of the	67235
licensing period next succeeding issuance of the license.	67236

(b) A temporary food service operation license expires at the	67237
end of the period for which it is issued.	67238

(2) All food service operation licenses remain valid until	67239
they are scheduled to expire unless earlier suspended or revoked	67240
under section 3717.49 of the Revised Code.	67241

(D) A food service operation license may be renewed, except	67242
that a temporary food service operation license is not renewable.	67243
A person or government entity seeking license renewal shall submit	67244
an application for renewal to the licensor not later than the	67245
first day of March, except that in the case of a mobile or	67246
seasonal food service operation the renewal application shall be	67247
submitted before commencing operation in a new licensing period. A	67248
licensor may renew a license prior to the first day of March or	67249
the first day of operation in a new licensing period, but not	67250
before the first day of February immediately preceding the	67251
licensing period for which the license is being renewed.	67252

If a renewal application is not filed with the licensor or	67253
postmarked on or before the first day of March or, in the case of	67254
a mobile or seasonal food service operation, the first day of	67255
operation in a new licensing period, the licensor shall assess a	67256
penalty if the licensor charges a license renewal fee. The amount	67257
of the penalty shall be the ~~lesser of fifty dollars or~~greater of	67258
twenty-five per cent of the renewal fee ~~charged for renewing~~	67259
~~licenses~~, ~~if the licensor charges renewal fees~~or ten per cent of	67260
the renewal fee multiplied by the number of weeks that have	67261
elapsed since payment of the fee was due. If an applicant is	67262
subject to a penalty, the licensor shall not renew the license	67263
until the applicant pays the penalty.	67264

(E)(1) A licensor may issue not more than ten temporary food	67265
service operation licenses per licensing period to the same person	67266
or government entity to operate at different events within the	67267
licensor's jurisdiction. For each particular event, a licensor may	67268
issue only one temporary food service operation license to the	67269
same person or government entity.	67270

(2) A licensor may issue a temporary food service operation	67271
license to operate for more than five consecutive days if both of	67272
the following apply:	67273

(a) The operation will be operated at an event organized by a	67274
county agricultural society or independent agricultural society	67275
organized under Chapter 1711. of the Revised Code;	67276

(b) The person who will receive the license is a resident of	67277
the county or one of the counties for which the agricultural	67278
society was organized.	67279

(3) A person may be granted only one temporary food service	67280
operation license per licensing period pursuant to division (E)(2)	67281
of this section.	67282

(F) The licensor may place restrictions or conditions on a	67283
food service operation license limiting the types of food that may	67284
be prepared or served by the food service operation based on the	67285
equipment or facilities of the food service operation. Limitations	67286
pertaining to a mobile or catering food service operation shall be	67287
posted on the back of the license.	67288

(G) The person or government entity holding a license for a	67289
food service operation shall display the license for that food	67290
service operation at all times at the licensed location. A person	67291
or government entity holding a catering food service operation	67292
license shall also maintain a copy of the license at each catered	67293
event.	67294

(H) With the assistance of the department of health, the	67295
licensor, to the extent practicable, shall computerize the process	67296
for licensing food service operations.	67297

Sec. 3717.45. (A) A licensor may charge fees for issuing and	67298
renewing food service operation licenses. Any licensing fee	67299
charged shall be used solely for the administration and	67300
enforcement of the provisions of this chapter and the rules	67301
adopted under it applicable to food service operations.	67302

Any licensing fee charged under this section shall be based	67303
on the licensor's costs of regulating food service operations, as	67304
determined according to the uniform ~~methodologies~~methodology	67305
established under section 3717.07 of the Revised Code. If the	67306
licensor is a board of health, a fee may be disapproved by the	67307
district advisory council in the case of a general health district	67308
or the legislative authority of the city in the case of a city	67309
health district. A disapproved fee shall not be charged by the	67310
board of health.	67311

~~At least thirty days prior to establishing~~Except when a	67312
licensing fee is established as an emergency measure, the licensor	67313
shall hold a public hearing regarding the proposed fee. AtIf a	67314
public hearing is held, at least ~~thirty~~twenty days prior to the	67315
public hearing, the licensor shall give written notice of the	67316
hearing to each person or government entity holding a food service	67317
operation license that may be affected by the proposed fee. The	67318
notice shall be mailed to the last known address of the licensee	67319
and shall specify the date, time, and place of the hearing and the	67320
amount of the proposed fee. On request, the licensor shall provide	67321
the completed uniform methodology used in the calculation of the	67322
licensor's costs and the proposed fee.	67323

(B) In addition to licensing fees, a licensor may charge fees	67324
for the following:	67325

(1) Review of facility layout and equipment specifications	67326
pertaining to food service operations, other than mobile and	67327
temporary food service operations, or similar reviews conducted	67328
for vending machine locations;	67329

(2) Any necessary collection and bacteriological examination	67330
of samples from food service operations, or similar services	67331
specified in rules adopted under this chapter by the public health	67332
council;	67333

(3) Attendance at a course of study offered by the licensor	67334
in food protection as it pertains to food service operations, if	67335
the course is approved under section 3717.09 of the Revised Code.	67336

(C)(1) The public health council may determine by rule an	67337
amount to be collected from applicants for food service operation	67338
licenses for use by the director of health in administering and	67339
enforcing the provisions of this chapter and the rules adopted	67340
under it applicable to food service operations. Licensors shall	67341
collect the amount prior to issuing an applicant's new or renewed	67342
license. If a licensing fee is charged under this section, the	67343
licensor shall collect the amount at the same time the fee is	67344
collected. Licensors are not required to provide notice or hold	67345
public hearings regarding amounts to be collected ~~under this~~	67346
~~division~~.	67347

~~Not later than sixty days after the last day of the month in~~	67348
~~which a license is issued, the~~	67349

(2) A licensor shall certify the amount collected under ~~this~~	67350
division (C)(1) of this section and transmit the amount to the	67351
treasurer of state~~. All~~according to the following schedule:	67352

(a) For amounts received by the licensor on or after the	67353
first day of January but not later than the thirty-first day of	67354
March, transmit the amounts not later than the fifteenth day of	67355
May;	67356

(b) For amounts received by the licensor on or after the	67357
first day of April but not later than the thirtieth day of June,	67358
transmit the amounts not later than the fifteenth day of August;	67359

(c) For amounts received by the licensor on or after the	67360
first day of July but not later than the thirtieth day of	67361
September, transmit the amounts not later than the fifteenth day	67362
of November;	67363

(d) For amounts received by the licensor on or after the	67364
first day of October but not later than the thirty-first day of	67365
December, transmit the amounts not later than the fifteenth day of	67366
February of the following year.	67367

(3) All amounts received shall be deposited into the general	67368
operations fund created in section 3701.83 of the Revised Code.	67369
The director shall use the amounts solely for the administration	67370
and enforcement of the provisions of this chapter and the rules	67371
adopted under it applicable to food service operations.	67372

(4) The director may submit recommendations to the public	67373
health council regarding the amounts collected under this	67374
division. When making recommendations, the director shall submit a	67375
report stating the current and projected expenses of administering	67376
and enforcing the provisions of this chapter and the rules adopted	67377
under it applicable to food service operations and the total of	67378
all amounts that have been deposited in the general operations	67379
fund pursuant to ~~this~~ division (C)(3) of this section. The	67380
director may include in the report any recommendations for	67381
modifying the department's administration and enforcement of the	67382
provisions of this chapter and the rules adopted under it	67383
applicable to food service operations.	67384

Sec. 3718.03. (A) There is hereby created the sewage	67385
treatment system technical advisory committee consisting of the	67386
director of health or the director's designee and ten members who	67387
are knowledgeable about sewage treatment systems and technologies.	67388
Of the ten members, four shall be appointed by the governor,	67389
three shall be appointed by the president of the senate, and	67390
three shall be appointed by the speaker of the house of	67391
representatives.	67392

(1) Of the members appointed by the governor, one shall	67393
represent academia, one shall be a representative of the public	67394
who is not employed by the state or any of its political	67395
subdivisions and who does not have a pecuniary interest in	67396
household sewage treatment systems, one shall be an engineer from	67397
the environmental protection agency, and one shall be selected	67398
from among soil scientists in the division of soil and water	67399
~~conservation~~resources in the department of natural resources.	67400

(2) Of the members appointed by the president of the senate,	67401
one shall be a health commissioner who is a member of and	67402
recommended by the association of Ohio health commissioners, one	67403
shall represent the interests of manufacturers of household sewage	67404
treatment systems, and one shall represent installers and service	67405
providers.	67406

(3) Of the members appointed by the speaker of the house of	67407
representatives, one shall be a health commissioner who is a	67408
member of and recommended by the association of Ohio health	67409
commissioners, one shall represent the interests of manufacturers	67410
of household sewage treatment systems, and one shall be a	67411
sanitarian who is registered under Chapter 4736. of the Revised	67412
Code and who is a member of the Ohio environmental health	67413
association.	67414

(B) Terms of members appointed to the committee shall be for	67415
three years, with each term ending on the same day of the same	67416
month as did the term that it succeeds. Each member shall serve	67417
from the date of appointment until the end of the term for which	67418
the member was appointed.	67419

Members may be reappointed. Vacancies shall be filled in the	67420
same manner as provided for original appointments. Any member	67421
appointed to fill a vacancy occurring prior to the expiration date	67422
of the term for which the member was appointed shall hold office	67423
for the remainder of that term. A member shall continue to serve	67424
after the expiration date of the member's term until the member's	67425
successor is appointed or until a period of sixty days has	67426
elapsed, whichever occurs first. The applicable appointing	67427
authority may remove a member from the committee for failure to	67428
attend two consecutive meetings without showing good cause for	67429
the absences.	67430

(C) The technical advisory committee annually shall select	67431
from among its members a chairperson and a vice-chairperson and a	67432
secretary to keep a record of its proceedings. A majority vote of	67433
the members of the full committee is necessary to take action on	67434
any matter. The committee may adopt bylaws governing its	67435
operation, including bylaws that establish the frequency of	67436
meetings.	67437

(D) Serving as a member of the sewage treatment system	67438
technical advisory committee does not constitute holding a public	67439
office or position of employment under the laws of this state and	67440
does not constitute grounds for removal of public officers or	67441
employees from their offices or positions of employment. Members	67442
of the committee shall serve without compensation for attending	67443
committee meetings.	67444

(E) A member of the committee shall not have a conflict of	67445
interest with the position. For the purposes of this division,	67446
"conflict of interest" means the taking of any action that	67447
violates any provision of Chapter 102. or 2921. of the Revised	67448
Code.	67449

(F) The sewage treatment system technical advisory committee	67450
shall do all of the following:	67451

(1) Develop with the department of health standards and	67452
guidelines for approving or disapproving a sewage treatment	67453
system or components of a system under section 3718.04 of the	67454
Revised Code;	67455

(2) Develop with the department an application form to be	67456
submitted to the director by an applicant for approval or	67457
disapproval of a sewage treatment system or components of a system	67458
and specify the information that must be included with an	67459
application form;	67460

(3) Advise the director on the approval or disapproval of an	67461
application sent to the director under section 3718.04 of the	67462
Revised Code requesting approval of a sewage treatment system or	67463
components of a system;	67464

(4) Pursue and recruit in an active manner the research,	67465
development, introduction, and timely approval of innovative and	67466
cost-effective household sewage treatment systems and components	67467
of a system for use in this state, which shall include conducting	67468
pilot projects to assess the effectiveness of a system or	67469
components of a system;	67470

(5) By January 1, 2008, provide the household sewage and	67471
small flow on-site sewage treatment system study commission	67472
created by Am. Sub. H.B. 119 of the 127th general assembly with a	67473
list of available alternative systems and the estimated cost of	67474
each system.	67475

(G) The chairperson of the committee shall prepare and	67476
submit an annual report concerning the activities of the	67477
committee to the general assembly not later than ninety days after	67478
the end of the calendar year. The report shall discuss the number	67479
of applications submitted under section 3718.04 of the Revised	67480
Code for the approval of a new sewage treatment system or a	67481
component of a system, the number of such systems and components	67482
that were approved, any information that the committee considers	67483
beneficial to the general assembly, and any other information that	67484
the chairperson determines is beneficial to the general assembly.	67485
If other members of the committee determine that certain	67486
information should be included in the report, they shall submit	67487
the information to the chairperson not later than thirty days	67488
after the end of the calendar year.	67489

(H) The department shall provide meeting space for the	67490
committee. The committee shall be assisted in its duties by the	67491
staff of the department.	67492

(I) Sections 101.82 to 101.87 of the Revised Code do not	67493
apply to the sewage treatment system technical advisory committee.	67494

Sec. 3718.06. (A)(1) A board of health shall establish fees	67495
in accordance with section 3709.09 of the Revised Code for the	67496
purpose of carrying out its duties under this chapter and rules	67497
adopted under it, including a fee for an installation permit	67498
issued by the board. All fees so established and collected by the	67499
board shall be deposited in a special fund of the district to be	67500
used exclusively by the board in carrying out those duties.	67501

(2) In accordance with Chapter 119. of the Revised Code, the	67502
public health council may establish by rule a fee to be collected	67503
from applicants for installation permits issued under rules	67504
adopted under this chapter. The director of health shall use the	67505
proceeds from that fee for administering and enforcing this	67506
chapter and the rules adopted under it by the council. A board of	67507
health shall collect and transmit the fee ~~at the same time that it~~	67508
~~collects the fee established by it under division (A)(1) of this~~	67509
~~section for installation permits~~.	67510

~~Not later than sixty days after the last day of the month in~~	67511
~~which an installation permit is issued, a board shall certify the~~	67512
~~amount collected under division (A)(2) of this section and~~	67513
~~transmit the amount to the treasurer of state. All money so~~	67514
~~received shall be deposited in the state treasury to the credit of~~	67515
~~the general operations fund created in section 3701.83 of the~~	67516
~~Revised Code~~to the director pursuant to section 3709.092 of the	67517
Revised Code. The director shall use the money so credited solely	67518
for the administration and enforcement of this chapter and the	67519
rules adopted under it by the public health council.	67520

(B) The director may submit recommendations to the council	67521
regarding the amount of the fee collected under division (A)(2) of	67522
this section for installation permits. When making the	67523
recommendations, the director shall submit a report stating the	67524
current and projected expenses of administering and enforcing this	67525
chapter and the rules adopted under it by the council and the	67526
total of all money that has been deposited to the credit of the	67527
general operations fund under division (A)(2) of this section. The	67528
director may include in the report any recommendations for	67529
modifying the requirements established under this chapter and the	67530
rules adopted under it by the council.	67531

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	67532
3721.99 of the Revised Code:	67533

(1)(a) "Home" means an institution, residence, or facility	67534
that provides, for a period of more than twenty-four hours,	67535
whether for a consideration or not, accommodations to three or	67536
more unrelated individuals who are dependent upon the services of	67537
others, including a nursing home, residential care facility, home	67538
for the aging, and a veterans' home operated under Chapter 5907.	67539
of the Revised Code.	67540

(b) "Home" also means both of the following:

67541

(i) Any facility that a person, as defined in section 3702.51	67542
of the Revised Code, proposes for certification as a skilled	67543
nursing facility or nursing facility under Title XVIII or XIX of	67544
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	67545
as amended, and for which a certificate of need, other than a	67546
certificate to recategorize hospital beds as described in section	67547
3702.522 of the Revised Code or division (R)(7)(d) of the version	67548
of section 3702.51 of the Revised Code in effect immediately prior	67549
to April 20, 1995, has been granted to the person under sections	67550
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	67551

(ii) A county home or district home that is or has been	67552
licensed as a residential care facility.	67553

67554

(i) Except as provided in division (A)(1)(b) of this section,	67555
a public hospital or hospital as defined in section 3701.01 or	67556
5122.01 of the Revised Code;	67557

(ii) A residential facility for mentally ill persons as	67558
defined under section 5119.22 of the Revised Code;	67559

(iii) A residential facility as defined in section 5123.19 of	67560
the Revised Code;	67561

(iv) ~~A community alternative home as defined in section~~	67562
~~3724.01 of the Revised Code;~~	67563

~~(v)~~ An adult care facility as defined in section 3722.01 of	67564
the Revised Code;	67565

~~(vi)~~(v) An alcohol or drug addiction program as defined in	67566
section 3793.01 of the Revised Code;	67567

~~(vii)~~(vi) A facility licensed to provide methadone treatment	67568
under section 3793.11 of the Revised Code;	67569

~~(viii)~~(vii) A facility providing services under contract with	67570
the department of mental retardation and developmental	67571
disabilities under section 5123.18 of the Revised Code;	67572

~~(ix)~~(viii) A facility operated by a hospice care program	67573
licensed under section 3712.04 of the Revised Code that is used	67574
exclusively for care of hospice patients;	67575

~~(x)~~(ix) A facility, infirmary, or other entity that is	67576
operated by a religious order, provides care exclusively to	67577
members of religious orders who take vows of celibacy and live by	67578
virtue of their vows within the orders as if related, and does not	67579
participate in the medicare program established under Title XVIII	67580
of the "Social Security Act" or the medical assistance program	67581
established under Chapter 5111. of the Revised Code and Title XIX	67582
of the "Social Security Act," if on January 1, 1994, the facility,	67583
infirmary, or entity was providing care exclusively to members of	67584
the religious order;	67585

~~(xi)~~(x) A county home or district home that has never been	67586
licensed as a residential care facility.	67587

(2) "Unrelated individual" means one who is not related to	67588
the owner or operator of a home or to the spouse of the owner or	67589
operator as a parent, grandparent, child, grandchild, brother,	67590
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	67591
uncle.	67592

(3) "Mental impairment" does not mean mental illness as	67593
defined in section 5122.01 of the Revised Code or mental	67594
retardation as defined in section 5123.01 of the Revised Code.	67595

(4) "Skilled nursing care" means procedures that require	67596
technical skills and knowledge beyond those the untrained person	67597
possesses and that are commonly employed in providing for the	67598
physical, mental, and emotional needs of the ill or otherwise	67599
incapacitated. "Skilled nursing care" includes, but is not limited	67600
to, the following:	67601

(a) Irrigations, catheterizations, application of dressings,	67602
and supervision of special diets;	67603

(b) Objective observation of changes in the patient's	67604
condition as a means of analyzing and determining the nursing care	67605
required and the need for further medical diagnosis and treatment;	67606

67607

(d) Administration of medication by any method ordered by a	67608
physician, such as hypodermically, rectally, or orally, including	67609
observation of the patient after receipt of the medication;	67610

(e) Carrying out other treatments prescribed by the physician	67611
that involve a similar level of complexity and skill in	67612
administration.	67613

(5)(a) "Personal care services" means services including, but	67614
not limited to, the following:	67615

(i) Assisting residents with activities of daily living;

67616

(ii) Assisting residents with self-administration of	67617
medication, in accordance with rules adopted under section 3721.04	67618
of the Revised Code;	67619

(iii) Preparing special diets, other than complex therapeutic	67620
diets, for residents pursuant to the instructions of a physician	67621
or a licensed dietitian, in accordance with rules adopted under	67622
section 3721.04 of the Revised Code.	67623

(b) "Personal care services" does not include "skilled	67624
nursing care" as defined in division (A)(4) of this section. A	67625
facility need not provide more than one of the services listed in	67626
division (A)(5)(a) of this section to be considered to be	67627
providing personal care services.	67628

(6) "Nursing home" means a home used for the reception and	67629
care of individuals who by reason of illness or physical or mental	67630
impairment require skilled nursing care and of individuals who	67631
require personal care services but not skilled nursing care. A	67632
nursing home is licensed to provide personal care services and	67633
skilled nursing care.	67634

(7) "Residential care facility" means a home that provides	67635
either of the following:	67636

(a) Accommodations for seventeen or more unrelated	67637
individuals and supervision and personal care services for three	67638
or more of those individuals who are dependent on the services of	67639
others by reason of age or physical or mental impairment;	67640

(b) Accommodations for three or more unrelated individuals,	67641
supervision and personal care services for at least three of those	67642
individuals who are dependent on the services of others by reason	67643
of age or physical or mental impairment, and, to at least one of	67644
those individuals, any of the skilled nursing care authorized by	67645
section 3721.011 of the Revised Code.	67646

(8) "Home for the aging" means a home that provides services	67647
as a residential care facility and a nursing home, except that the	67648
home provides its services only to individuals who are dependent	67649
on the services of others by reason of both age and physical or	67650
mental impairment.	67651

The part or unit of a home for the aging that provides	67652
services only as a residential care facility is licensed as a	67653
residential care facility. The part or unit that may provide	67654
skilled nursing care beyond the extent authorized by section	67655
3721.011 of the Revised Code is licensed as a nursing home.	67656

(9) "County home" and "district home" mean a county home or	67657
district home operated under Chapter 5155. of the Revised Code.	67658

(B) The public health council may further classify homes. For	67659
the purposes of this chapter, any residence, institution, hotel,	67660
congregate housing project, or similar facility that meets the	67661
definition of a home under this section is such a home regardless	67662
of how the facility holds itself out to the public.	67663

(C) For purposes of this chapter, personal care services or	67664
skilled nursing care shall be considered to be provided by a	67665
facility if they are provided by a person employed by or	67666
associated with the facility or by another person pursuant to an	67667
agreement to which neither the resident who receives the services	67668
nor the resident's sponsor is a party.	67669

(D) Nothing in division (A)(4) of this section shall be	67670
construed to permit skilled nursing care to be imposed on an	67671
individual who does not require skilled nursing care.	67672

Nothing in division (A)(5) of this section shall be construed	67673
to permit personal care services to be imposed on an individual	67674
who is capable of performing the activity in question without	67675
assistance.	67676

(E) Division (A)(1)(c)~~(x)~~(ix) of this section does not	67677
prohibit a facility, infirmary, or other entity described in that	67678
division from seeking licensure under sections 3721.01 to 3721.09	67679
of the Revised Code or certification under Title XVIII or XIX of	67680
the "Social Security Act." However, such a facility, infirmary, or	67681
entity that applies for licensure or certification must meet the	67682
requirements of those sections or titles and the rules adopted	67683
under them and obtain a certificate of need from the director of	67684
health under section 3702.52 of the Revised Code.	67685

(F) Nothing in this chapter, or rules adopted pursuant to it,	67686
shall be construed as authorizing the supervision, regulation, or	67687
control of the spiritual care or treatment of residents or	67688
patients in any home who rely upon treatment by prayer or	67689
spiritual means in accordance with the creed or tenets of any	67690
recognized church or religious denomination.	67691

Sec. 3721.02. (A) The director of health shall license homes	67692
and establish procedures to be followed in inspecting and	67693
licensing homes. The director may inspect a home at any time. Each	67694
home shall be inspected by the director at least once prior to the	67695
issuance of a license and at least once every fifteen months	67696
thereafter. The state fire marshal or a township, municipal, or	67697
other legally constituted fire department approved by the marshal	67698
shall also inspect a home prior to issuance of a license, at least	67699
once every fifteen months thereafter, and at any other time	67700
requested by the director. A home does not have to be inspected	67701
prior to issuance of a license by the director, state fire	67702
marshal, or a fire department if ownership of the home is assigned	67703
or transferred to a different person and the home was licensed	67704
under this chapter immediately prior to the assignment or	67705
transfer. The director may enter at any time, for the purposes of	67706
investigation, any institution, residence, facility, or other	67707
structure that has been reported to the director or that the	67708
director has reasonable cause to believe is operating as a nursing	67709
home, residential care facility, or home for the aging without a	67710
valid license required by section 3721.05 of the Revised Code or,	67711
in the case of a county home or district home, is operating	67712
despite the revocation of its residential care facility license.	67713
The director may delegate the director's authority and duties	67714
under this chapter to any division, bureau, agency, or official of	67715
the department of health.	67716

(B) A single facility may be licensed both as a nursing home	67717
pursuant to this chapter and as an adult care facility pursuant to	67718
Chapter 3722. of the Revised Code if the director determines that	67719
the part or unit to be licensed as a nursing home can be	67720
maintained separate and discrete from the part or unit to be	67721
licensed as an adult care facility.	67722

(C) In determining the number of residents in a home for the	67723
purpose of licensing, the director shall consider all the	67724
individuals for whom the home provides accommodations as one group	67725
unless one of the following is the case:	67726

(1) The home is a home for the aging, in which case all the	67727
individuals in the part or unit licensed as a nursing home shall	67728
be considered as one group, and all the individuals in the part or	67729
unit licensed as a rest home shall be considered as another group.	67730

(2) The home is both a nursing home and an adult care	67731
facility. In that case, all the individuals in the part or unit	67732
licensed as a nursing home shall be considered as one group, and	67733
all the individuals in the part or unit licensed as an adult care	67734
facility shall be considered as another group.	67735

(3) The home maintains, in addition to a nursing home or	67736
residential care facility, a separate and discrete part or unit	67737
that provides accommodations to individuals who do not require or	67738
receive skilled nursing care and do not receive personal care	67739
services from the home, in which case the individuals in the	67740
separate and discrete part or unit shall not be considered in	67741
determining the number of residents in the home if the separate	67742
and discrete part or unit is in compliance with the Ohio basic	67743
building code established by the board of building standards under	67744
Chapters 3781. and 3791. of the Revised Code and the home permits	67745
the director, on request, to inspect the separate and discrete	67746
part or unit and speak with the individuals residing there, if	67747
they consent, to determine whether the separate and discrete part	67748
or unit meets the requirements of this division.	67749

(D)(1) The director of health shall charge anthe following	67750
application fee and an annual renewal licensing and inspection fee	67751
~~of one hundred seventy dollars~~ for each fifty persons or part	67752
thereof of a home's licensed capacity:	67753

(a) For state fiscal year 2010, two hundred twenty dollars;

67754

(b) For state fiscal year 2011, two hundred seventy dollars;

67755

(c) For each state fiscal year thereafter, three hundred	67756
twenty dollars. ~~All~~	67757

(2) All fees collected by the director for the issuance or	67758
renewal of licenses shall be deposited into the state treasury to	67759
the credit of the general operations fund created in section	67760
3701.83 of the Revised Code for use only in administering and	67761
enforcing this chapter and rules adopted under it.	67762

(E)(1) Except as otherwise provided in this section, the	67763
results of an inspection or investigation of a home that is	67764
conducted under this section, including any statement of	67765
deficiencies and all findings and deficiencies cited in the	67766
statement on the basis of the inspection or investigation, shall	67767
be used solely to determine the home's compliance with this	67768
chapter or another chapter of the Revised Code in any action or	67769
proceeding other than an action commenced under division (I) of	67770
section 3721.17 of the Revised Code. Those results of an	67771
inspection or investigation, that statement of deficiencies, and	67772
the findings and deficiencies cited in that statement shall not be	67773
used in any court or in any action or proceeding that is pending	67774
in any court and are not admissible in evidence in any action or	67775
proceeding unless that action or proceeding is an appeal of an	67776
action by the department of health under this chapter or is an	67777
action by any department or agency of the state to enforce this	67778
chapter or another chapter of the Revised Code.	67779

(2) Nothing in division (E)(1) of this section prohibits the	67780
results of an inspection or investigation conducted under this	67781
section from being used in a criminal investigation or	67782
prosecution.	67783

Sec. 3721.071. The buildings in which a home is housed shall	67784
be equipped with both an automatic fire extinguishing system and	67785
fire alarm system. Such systems shall conform to standards set	67786
forth in the regulations of the board of building standards and	67787
the state fire marshal.	67788

The time for compliance with the requirements imposed by this	67789
section shall be January 1, 1975, except that the date for	67790
compliance with the automatic fire extinguishing requirements is	67791
extended to January 1, 1976, provided the buildings of the home	67792
are otherwise in compliance with fire safety laws and regulations	67793
and:	67794

(A) The home within thirty days after August 4, 1975, files a	67795
written plan with the state fire marshal's office that:	67796

(1) Outlines the interim safety procedures which shall be	67797
carried out to reduce the possibility of a fire;	67798

(2) Provides evidence that the home has entered into an	67799
agreement for a fire safety inspection to be conducted not less	67800
than monthly by a qualified independent safety engineer consultant	67801
or a township, municipal, or other legally constituted fire	67802
department, or by a township or municipal fire prevention officer;	67803

(3) Provides verification that the home has entered into a	67804
valid contract for the installation of an automatic fire	67805
extinguishing system or fire alarm system, or both, as required to	67806
comply with this section;	67807

(4) Includes a statement regarding the expected date for the	67808
completion of the fire extinguishing system or fire alarm system,	67809
or both.	67810

(B) Inspections by a qualified independent safety engineer	67811
consultant or a township, municipal, or other legally constituted	67812
fire department, or by a township or municipal fire prevention	67813
officer are initiated no later than sixty days after August 4,	67814
1975, and are conducted no less than monthly thereafter, and	67815
reports of the consultant, fire department, or fire prevention	67816
officer identifying existing hazards and recommended corrective	67817
actions are submitted to the state fire marshal, the division of	67818
~~industrial compliance~~labor in the department of commerce, and the	67819
department of health.	67820

It is the express intent of the general assembly that the	67821
department of job and family services shall terminate payments	67822
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	67823
42 U.S.C. 301, as amended, to those homes which do not comply with	67824
the requirements of this section for the submission of a written	67825
fire safety plan and the deadline for entering into contracts for	67826
the installation of systems.	67827

Sec. 3721.23. (A) The director of health shall receive,	67828
review, and investigate allegations of abuse or neglect of a	67829
resident or misappropriation of the property of a resident by any	67830
individual used by a long-term care facility or residential care	67831
facility to provide services to residents.	67832

(B) The director shall make findings regarding alleged abuse,	67833
neglect, or misappropriation of property after doing both of the	67834
following:	67835

(1) Investigating the allegation and determining that there	67836
is a reasonable basis for itthe allegation;	67837

(2) Giving notice to the individual named in the allegation	67838
and affording the individual a reasonable opportunity for a	67839
hearing.	67840

Notice to the person named in an allegation shall be given	67841
and the hearing shall be conducted pursuant to rules adopted by	67842
the director under section 3721.26 of the Revised Code. ~~For~~	67843

For purposes of conducting a hearing or investigation under	67844
this section, the director may issue subpoenas compelling	67845
attendance of witnesses or production of documents or other	67846
evidence. The subpoenas ~~shall~~may be served in the same manner	67847
as subpoenas and subpoenas duces tecum issued for a trial of a	67848
civil action in a court of common pleas or they may be served by	67849
a representative of the director. If a person who is served a	67850
subpoena fails to attend a hearing or to produce documents or	67851
other evidence for purposes of a hearing or investigation, or	67852
refuses to be sworn or to answer any questions, the director may	67853
apply to the common pleas court of the county in which the	67854
person resides, or the county in which the long-term care	67855
facility or residential care facility is located, for a contempt	67856
order, as in the case of a failure of a person who is served a	67857
subpoena issued by the court to attend or to produce documents	67858
or other evidence or a refusal of such person to testify.	67859

(C)(1) If the director finds that an individual used by a	67860
long-term care facility or residential care facility has neglected	67861
or abused a resident or misappropriated property of a resident,	67862
the director shall notify the individual, the facility using the	67863
individual, and the attorney general, county prosecutor, or other	67864
appropriate law enforcement official. The director also shall do	67865
the following:	67866

(a) If the individual is used by a long-term care facility as	67867
a nurse aide, the director shall, in accordance with section	67868
3721.32 of the Revised Code, include in the nurse aide registry	67869
established under that section a statement detailing the findings	67870
pertaining to the individual.	67871

(b) If the individual is a licensed health professional used	67872
by a long-term care facility or residential care facility to	67873
provide services to residents, the director shall notify the	67874
appropriate professional licensing authority established under	67875
Title XLVII of the Revised Code.	67876

(c) If the individual is used by a long-term care facility	67877
and is neither a nurse aide nor a licensed health professional, or	67878
is used by a residential care facility and is not a licensed	67879
health professional, the director shall, in accordance with	67880
section 3721.32 of the Revised Code, include in the nurse aide	67881
registry a statement detailing the findings pertaining to the	67882
individual.	67883

(2) A nurse aide or other individual about whom a statement	67884
is required by this division to be included in the nurse aide	67885
registry may provide the director with a statement disputing the	67886
director's findings and explaining the circumstances of the	67887
allegation. The statement shall be included in the nurse aide	67888
registry with the director's findings.	67889

(D)(1) If the director finds that alleged neglect or abuse of	67890
a resident or misappropriation of property of a resident cannot be	67891
substantiated, the director shall notify the individual and	67892
expunge all files and records of the investigation and the hearing	67893
by doing all of the following:	67894

(a) Removing and destroying the files and records, originals	67895
and copies, and deleting all index references;	67896

(b) Reporting to the individual the nature and extent of any	67897
information about the individual transmitted to any other person	67898
or government entity by the director of health;	67899

(c) Otherwise ensuring that any examination of files and	67900
records in question show no record whatever with respect to the	67901
individual.	67902

(2)(a) If, in accordance with division (C)(1)(a) or (c) of	67903
this section, the director includes in the nurse aide registry a	67904
statement of a finding of neglect, the individual found to have	67905
neglected a resident may, not earlier than one year after the date	67906
of the finding, petition the director to rescind the finding and	67907
remove the statement and any accompanying information from the	67908
nurse aide registry. The director shall consider the petition. If,	67909
in the judgment of the director, the neglect was a singular	67910
occurrence and the employment and personal history of the	67911
individual does not evidence abuse or any other incident of	67912
neglect of residents, the director shall notify the individual and	67913
remove the statement and any accompanying information from the	67914
nurse aide registry. The director shall expunge all files and	67915
records of the investigation and the hearing, except the petition	67916
for rescission of the finding of neglect and the director's notice	67917
that the rescission has been approved.	67918

(b) A petition for rescission of a finding of neglect and the	67919
director's notice that the rescission has been approved are not	67920
public records for the purposes of section 149.43 of the Revised	67921
Code.	67922

(3) When files and records have been expunged under division	67923
(D)(1) or (2) of this section, all rights and privileges are	67924
restored, and the individual, the director, and any other person	67925
or government entity may properly reply to an inquiry that no such	67926
record exists as to the matter expunged.	67927

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	67928
Revised Code:	67929

(A) "Hospital" has the same meaning as in section 3727.01 of	67930
the Revised Code.	67931

(B) "Inpatient days" means all days during which a resident	67932
of a nursing facility, regardless of payment source, occupies a	67933
bed in the nursing facility that is included in the facility's	67934
certified capacity under Title XIX. Therapeutic or hospital leave	67935
days for which payment is made under section 5111.26 of the	67936
Revised Code are considered inpatient days proportionate to the	67937
percentage of the facility's per resident per day rate paid for	67938
those days.	67939

(C) "Medicaid" has the same meaning as in section 5111.01 of	67940
the Revised Code.	67941

(D) "Medicaid day" means all days during which a resident who	67942
is a medicaid recipient occupies a bed in a nursing facility that	67943
is included in the facility's certified capacity under Title XIX.	67944
Therapeutic or hospital leave days for which payment is made under	67945
section 5111.26 of the Revised Code are considered medicaid days	67946
proportionate to the percentage of the nursing facility's per	67947
resident per day rate for those days.	67948

(E) "Medicare" means the program established by Title XVIII.

67949

(F) "Nursing facility" has the same meaning as in section	67950
5111.20 of the Revised Code.	67951

~~(F)~~(G)(1) "Nursing home" means all of the following:

67952

(a) A nursing home licensed under section 3721.02 or 3721.09	67953
of the Revised Code, including any part of a home for the aging	67954
licensed as a nursing home;	67955

(b) A facility or part of a facility, other than a hospital,	67956
that is certified as a skilled nursing facility under Title XVIII;	67957

(c) A nursing facility, other than a portion of a hospital	67958
certified as a nursing facility.	67959

(2) "Nursing home" does not include any of the following:

67960

(a) A county home, county nursing home, or district home	67961
operated pursuant to Chapter 5155. of the Revised Code;	67962

(b) A nursing home maintained and operated by the Ohio	67963
veterans' home agency under section 5907.01 of the Revised Code;	67964

(c) A nursing home or part of a nursing home licensed under	67965
section 3721.02 or 3721.09 of the Revised Code that is certified	67966
as an intermediate care facility for the mentally retarded under	67967
Title XIX.	67968

~~(G)~~(H) "Title XIX" means Title XIX of the "Social Security	67969
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	67970

~~(H)~~(I) "Title XVIII" means Title XVIII of the "Social	67971
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	67972

Sec. 3721.51. The department of job and family services	67973
shall do all of the following:	67974

(A) Subject to sections 3721.512 and 3721.513 of the Revised	67975
Code and division (C) of this section and for the purposes	67976
specified in sections 3721.56 and 3721.561 of the Revised Code,	67977
determine an annual franchise permit fee on each nursing home in	67978
an amount equal to ~~six~~eleven dollars ~~and twenty-five cents~~,	67979
multiplied by the product of the following:	67980

(1) The number of beds licensed as nursing home beds, plus	67981
any other beds certified as skilled nursing facility beds under	67982
Title XVIII or nursing facility beds under Title XIX on the first	67983
day of May of the calendar year in which the fee is determined	67984
pursuant to division (A) of section 3721.53 of the Revised Code;	67985

(2) The number of days in the fiscal year beginning on the	67986
first day of July of the calendar year in which the fee is	67987
determined pursuant to division (A) of section 3721.53 of the	67988
Revised Code.	67989

(B) Subject to sections 3721.512 and 3721.513 of the Revised	67990
Code and division (C) of this section and for the purposes	67991
specified in sections 3721.56 and 3721.561 of the Revised Code,	67992
determine an annual franchise permit fee on each hospital in an	67993
amount equal to ~~six~~eleven dollars ~~and twenty-five cents~~,	67994
multiplied by the product of the following:	67995

(1) The number of beds registered pursuant to section 3701.07	67996
of the Revised Code as skilled nursing facility beds or long-term	67997
care beds, plus any other beds licensed as nursing home beds under	67998
section 3721.02 or 3721.09 of the Revised Code, on the first day	67999
of May of the calendar year in which the fee is determined	68000
pursuant to division (A) of section 3721.53 of the Revised Code;	68001

(2) The number of days in the fiscal year beginning on the	68002
first day of July of the calendar year in which the fee is	68003
determined pursuant to division (A) of section 3721.53 of the	68004
Revised Code.	68005

(C) If the United States centers for medicare and medicaid	68006
services determines that the franchise permit fee established by	68007
sections 3721.50 to 3721.58 of the Revised Code is an	68008
impermissible health care related tax under section 1903(w) of the	68009
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	68010
amended, take all necessary actions to cease implementation of	68011
sections 3721.50 to 3721.58 of the Revised Code in accordance with	68012
rules adopted under section 3721.58 of the Revised Code.	68013

Sec. 3721.511. (A) Not later than one month after the	68014
effective date of this section, the department of job and family	68015
services shall apply to the United States secretary of health and	68016
human services for a waiver under 42 U.S.C. 1396b(w)(3)(E) as	68017
necessary to do both of the following regarding the franchise	68018
permit fee imposed by section 3721.51 of the Revised Code:	68019

(1) Reduce the franchise permit fee to zero dollars for each	68020
nursing home licensed under section 3721.02 or 3721.09 of the	68021
Revised Code that meets all of the following requirements:	68022

(a) It is exempt from state taxation under section 140.08 of	68023
the Revised Code or is exempt from state taxation as a home for	68024
the aged as defined in section 5701.13 of the Revised Code.	68025

(b) It is exempt from federal income taxation under section	68026
501 of the Internal Revenue Code of 1986.	68027

68028

(d) It provides services for the life of each resident	68029
without regard to the resident's ability to secure payment for the	68030
services.	68031

(2) For each nursing facility with more than two hundred beds	68032
certified as nursing facility beds under Title XIX, reduce the	68033
franchise permit fee for a number of the nursing facility's beds	68034
specified by the department to the amount necessary to obtain	68035
approval of the waiver sought under this section.	68036

(B) The effective date of the waiver sought under this	68037
section shall be the first day of the calendar quarter beginning	68038
after the United States secretary approves the waiver.	68039

Sec. 3721.512. If the United States secretary of health and	68040
human services approves the waiver sought under section 3721.511	68041
of the Revised Code, the department of job and family services	68042
shall, for each nursing home and hospital that qualifies for a	68043
reduction of its franchise permit fee under the waiver, reduce the	68044
franchise permit fee in accordance with the terms of the waiver.	68045
For purposes of the first fiscal year during which the waiver	68046
takes effect, the department shall determine the amount of the	68047
reduction not later than the effective date of the waiver and	68048
shall mail to each nursing home and hospital qualifying for the	68049
reduction notice of the reduction not later than the last day of	68050
the first month of the calendar quarter that begins after the	68051
United States secretary approves the waiver. For purposes of	68052
subsequent fiscal years, the department shall make such	68053
determinations and mail such notices in accordance with section	68054
3721.53 of the Revised Code.	68055

Sec. 3721.513. (A) If the United States secretary of health	68056
and human services approves the waiver sought under section	68057
3721.511 of the Revised Code, the department of job and family	68058
services may do both of the following regarding the franchise	68059
permit fee imposed by section 3721.51 of the Revised Code:	68060

(1) Determine how much money the franchise permit fee would	68061
have raised in a fiscal year if not for the waiver;	68062

(2) For each nursing home and hospital subject to the	68063
franchise permit fee, other than a nursing home or hospital that	68064
has its franchise permit fee reduced under section 3721.512 of the	68065
Revised Code, uniformly increase the amount of the franchise	68066
permit fee for a fiscal year to an amount that will have the	68067
franchise permit fee raise an amount of money that does not exceed	68068
the amount determined under division (A)(1) of this section for	68069
that fiscal year.	68070

(B) If the department increases the franchise permit fee in	68071
accordance with division (A) of this section for the first fiscal	68072
year during which the waiver takes effect, the department shall	68073
determine the amount of the increase not later than the effective	68074
date of the waiver and shall mail to each nursing home and	68075
hospital subject to the increase notice of the increase not later	68076
than the last day of the first month of the calendar quarter that	68077
begins after the United States secretary approves the waiver. If	68078
the department increases the franchise permit fee in accordance	68079
with division (A) of this section for a subsequent fiscal year,	68080
the department shall make such determinations and mail such	68081
notices in accordance with section 3721.53 of the Revised Code.	68082

Sec. 3721.53. (A) Not later than the fifteenth day of August	68083
of each year, the department of job and family services shall	68084
determine the annual franchise permit fee for each nursing home	68085
and hospital in accordance with ~~division (A) of~~ section 3721.51 of	68086
the Revised Code and ~~the annual franchise permit fee for each~~	68087
~~hospital~~any adjustments made in accordance with ~~division (B) of~~	68088
~~that section~~sections 3721.512 and 3721.513 of the Revised Code.	68089

(B) Not later than the first day of September of each year,	68090
the department shall mail to each nursing home and hospital notice	68091
of the amount of the franchise permit fee that has been determined	68092
for the nursing home or hospital.	68093

(C) Each nursing home and hospital shall pay its fee under	68094
section 3721.51 of the Revised Code, as adjusted in accordance	68095
with sections 3721.512 and 3721.513 of the Revised Code, to the	68096
department in quarterly installment payments not later than	68097
forty-five days after the last day of each September, December,	68098
March, and June.	68099

(D) No nursing home or hospital shall directly bill its	68100
residents for the fee paid under this section, or otherwise	68101
directly pass the fee through to its residents.	68102

Sec. 3721.55. (A) A nursing home or hospital may appeal the	68103
fee imposed under section 3721.51 of the Revised Code, as adjusted	68104
under section 3721.512 or 3721.513 of the Revised Code, solely on	68105
the grounds that the department of job and family services	68106
committed a material error in determining the amount of the fee. A	68107
request for an appeal must be received by the department not later	68108
than fifteen days after the date the department mails the notice	68109
of the fee and must include written materials setting forth the	68110
basis for the appeal.	68111

(B) If a nursing home or hospital submits a request for an	68112
appeal within the time required under division (A) of this	68113
section, the department of job and family services shall hold a	68114
public hearing in Columbus not later than thirty days after the	68115
date the department receives the request for an appeal. The	68116
department shall, not later than ten days before the date of the	68117
hearing, mail a notice of the date, time, and place of the hearing	68118
to the nursing home or hospital. The department may hear all the	68119
requested appeals in one public hearing.	68120

(C) On the basis of the evidence presented at the hearing or	68121
any other evidence submitted by the nursing home or hospital, the	68122
department may adjust a fee. The department's decision is final.	68123

Sec. 3721.56. There is hereby created in the state treasury	68124
the home- and community-based services for the aged fund. ~~Sixteen~~	68125
Nine and nine hundredths per cent of all payments and penalties	68126
paid by nursing homes and hospitals under sections 3721.53 and	68127
3721.54 of the Revised Code shall be deposited into the fund.	68128
The departments of job and family services and aging shall use	68129
the moneys in the fund to fund the following in accordance with	68130
rules adopted under section 3721.58 of the Revised Code:	68131

(A) The medicaid program established under Chapter 5111. of	68132
the Revised Code, including the PASSPORT program established under	68133
section 173.40 of the Revised Code;	68134

(B) The residential state supplement program established	68135
under section 173.35 of the Revised Code.	68136

Sec. 3722.01. (A) As used in this chapter:

68137

(1) "Owner" means the person who owns the business of and who	68138
ultimately controls the operation of an adult care facility and to	68139
whom the manager, if different from the owner, is responsible.	68140

(2) "Manager" means the person responsible for the daily	68141
operation of an adult care facility. The manager and the owner of	68142
a facility may be the same person.	68143

(3) "Adult" means an individual eighteen years of age or	68144
older.	68145

(4) "Unrelated" means that an adult resident is not related	68146
to the owner or manager of an adult care facility or to the	68147
owner's or manager's spouse as a parent, grandparent, child,	68148
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	68149
uncle, or as the child of an aunt or uncle.	68150

(5) "Skilled nursing care" means skilled nursing care as	68151
defined in section 3721.01 of the Revised Code.	68152

(6)(a) "Personal care services" means services including, but	68153
not limited to, the following:	68154

(i) ~~Assisting residents~~Assistance with activities of daily	68155
living;	68156

(ii) ~~Assisting residents~~Assistance with self-administration	68157
of medication, in accordance with rules adopted by the public	68158
health council pursuant to this chapter;	68159

(iii) ~~Preparing~~Preparation of special diets, other than	68160
complex therapeutic diets, for residents pursuant to the	68161
instructions of a physician or a licensed dietitian, in accordance	68162
with rules adopted by the public health council pursuant to this	68163
chapter.	68164

(b) "Personal care services" does not include "skilled	68165
nursing care" as defined in section 3721.01 of the Revised Code. A	68166
facility need not provide more than one of the services listed in	68167
division (A)(6)(a) of this section for the facility to be	68168
considered to be providing personal care services.	68169

(7) "Adult family home" means a residence or facility that	68170
provides accommodations and supervision to three to five unrelated	68171
adults ~~and supervision and personal care services to~~, at least	68172
three of ~~those adults~~whom require personal care services.	68173

(8) "Adult group home" means a residence or facility that	68174
provides accommodations and supervision to six to sixteen	68175
unrelated adults ~~and provides supervision and personal care~~	68176
~~services to~~, at least three of ~~the unrelated adults~~whom require	68177
personal care services.	68178

(9) "Adult care facility" means an adult family home or an	68179
adult group home. For the purposes of this chapter, any residence,	68180
facility, institution, hotel, congregate housing project, or	68181
similar facility that provides accommodations and supervision to	68182
three to sixteen unrelated adults, at least three of whom ~~are~~	68183
~~provided~~require personal care services, is an adult care facility	68184
regardless of how the facility holds itself out to the public.	68185
"Adult care facility" does not include:	68186

(a) A facility operated by a hospice care program licensed	68187
under section 3712.04 of the Revised Code that is used exclusively	68188
for care of hospice patients;	68189

(b) A nursing home, residential care facility, or home for	68190
the aging as defined in section 3721.01 of the Revised Code;	68191

(c) ~~A community alternative home as defined in section~~	68192
~~3724.01 of the Revised Code;~~	68193

~~(d)~~ An alcohol and drug addiction program as defined in	68194
section 3793.01 of the Revised Code;	68195

~~(e)~~(d) A residential facility for the mentally ill licensed	68196
by the department of mental health under section 5119.22 of the	68197
Revised Code;	68198

~~(f)~~(e) A facility licensed to provide methadone treatment	68199
under section 3793.11 of the Revised Code;	68200

~~(g)~~(f) A residential facility licensed under section 5123.19	68201
of the Revised Code or otherwise regulated by the department of	68202
mental retardation and developmental disabilities;	68203

~~(h)~~(g) Any residence, institution, hotel, congregate housing	68204
project, or similar facility that provides personal care services	68205
to fewer than three residents or that provides, for any number of	68206
residents, only housing, housekeeping, laundry, meal preparation,	68207
social or recreational activities, maintenance, security,	68208
transportation, and similar services that are not personal care	68209
services or skilled nursing care;	68210

~~(i)~~(h) Any facility that receives funding for operating costs	68211
from the department of development under any program established	68212
to provide emergency shelter housing or transitional housing for	68213
the homeless;	68214

~~(j)~~(i) A terminal care facility for the homeless that has	68215
entered into an agreement with a hospice care program under	68216
section 3712.07 of the Revised Code;	68217

~~(k)~~(j) A facility approved by the veterans administration	68218
under section 104(a) of the "Veterans Health Care Amendments of	68219
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used	68220
exclusively for the placement and care of veterans;	68221

~~(l) Until January 1, 1994, the portion of a facility in which~~	68222
~~care is provided exclusively to members of a religious order if~~	68223
~~the facility is owned by or part of a nonprofit institution of~~	68224
~~higher education authorized to award degrees by the Ohio board of~~	68225
~~regents under Chapter 1713. of the Revised Code~~.	68226

(10) "Residents' rights advocate" means:

68227

(a) An employee or representative of any state or local	68228
government entity that has a responsibility for residents of adult	68229
care facilities and has registered with the department of health	68230
under section 3701.07 of the Revised Code;	68231

(b) An employee or representative, other than a manager or	68232
employee of an adult care facility or nursing home, of any private	68233
nonprofit corporation or association that qualifies for tax-exempt	68234
status under section 501(a) of the "Internal Revenue Code of	68235
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has	68236
registered with the department of health under section 3701.07 of	68237
the Revised Code, and whose purposes include educating and	68238
counseling residents, assisting residents in resolving problems	68239
and complaints concerning their care and treatment, and assisting	68240
them in securing adequate services.	68241

(11) "Sponsor" means an adult relative, friend, or guardian	68242
of a resident of an adult care facility who has an interest in or	68243
responsibility for the resident's welfare.	68244

(12) "Ombudsperson" means a "representative of the office of	68245
the state long-term care ombudsperson program" as defined in	68246
section 173.14 of the Revised Code.	68247

(13) "Mental health agency" means a community mental health	68248
agency, as defined in section 5119.22 of the Revised Code, under	68249
contract with aan ADAMHS board ~~of alcohol, drug addiction, and~~	68250
~~mental health services~~ pursuant to division (A)(8)(a) of section	68251
340.03 of the Revised Code.	68252

(14) "ADAMHS board" means a board of alcohol, drug addiction,	68253
and mental health services;	68254

(15) "Mental health resident program participation agreement"	68255
means a written agreement between an adult care facility and the	68256
ADAMHS board serving the alcohol, drug addiction, and mental	68257
health service district in which the facility is located, under	68258
which the facility is authorized to admit residents who are	68259
receiving or are eligible for publicly funded mental health	68260
services.	68261

(16) "PASSPORT administrative agency" means an entity under	68262
contract with the department of aging to provide administrative	68263
services regarding the PASSPORT program created under section	68264
173.40 of the Revised Code.	68265

(B) For purposes of this chapter, personal care services or	68266
skilled nursing care shall be considered to be provided by a	68267
facility if they are provided by a person employed by or	68268
associated with the facility or by another person pursuant to an	68269
agreement to which neither the resident who receives the services	68270
nor the resident's sponsor is a party.	68271

(C) Nothing in division (A)(6) of this section shall be	68272
construed to permit personal care services to be imposed upon a	68273
resident who is capable of performing the activity in question	68274
without assistance.	68275

Sec. 3722.011. (A) All medication taken by residents of an	68276
adult care facility shall be self-administered, except that	68277
medication may be administered to a resident ~~by a home health~~	68278
~~agency, hospice care program, nursing home staff, mental health~~	68279
~~agency, or board of alcohol, drug addiction, and mental health~~	68280
~~services under~~as part of the skilled nursing care provided in	68281
accordance with division (B) of section 3722.16 of the Revised	68282
Code. ~~Members of the staff of an adult care facility shall not~~	68283
~~administer medication to residents.~~ No person shall be admitted to	68284
or retained by an adult care facility unless the person is capable	68285
of ~~taking~~self-administering the person's ~~own~~ medication ~~and~~	68286
~~biologicals~~, as determined in writing by ~~the person's personal~~a	68287
physician, except that a person may be admitted to or retained by	68288
such a facility if the person's medication is administered ~~by a~~	68289
~~home health agency, hospice care program, nursing home staff,~~	68290
~~mental health agency, or board of alcohol, drug addiction, and~~	68291
~~mental health services under~~as part of the skilled nursing care	68292
provided in accordance with division (B) of section 3722.16 of	68293
the Revised Code. ~~Members~~	68294

(B) Members of the staff of an adult care facility shall not	68295
administer medication to residents but may do any of the	68296
following:	68297

~~(A)~~ Remind a resident when to take medication and watch to	68298
ensure that the resident follows the directions on the container;	68299

~~(B)~~ Assist a resident in the self-administration of	68300
medication by taking the medication from the locked area where it	68301
is stored, in accordance with rules adopted by the public health	68302
council pursuant to this chapter, and handing it to the resident.	68303
If the resident is physically unable to open the container, a	68304
staff member may open the container for the resident.	68305

~~(C)~~ Assist a physically impaired but mentally alert resident,	68306
such as a resident with arthritis, cerebral palsy, or Parkinson's	68307
disease, in removing oral or topical medication from containers	68308
and in consuming or applying the medication, upon request by or	68309
with the consent of the resident. If a resident is physically	68310
unable to place a dose of medicine to the resident's mouth without	68311
spilling it, a staff member may place the dose in a container and	68312
place the container to the mouth of the resident.	68313

Sec. 3722.02. A person seeking a license to operate an adult	68314
care facility shall submit to the director of health an	68315
application on a form prescribed by the director and the	68316
following:	68317

(A) In the case of an adult group home seeking licensure as	68318
an adult care facility, evidence that the home has been inspected	68319
and approved by a local certified building department or by the	68320
division of ~~industrial compliance~~labor in the department of	68321
commerce as meeting the applicable requirements of sections	68322
3781.06 to 3781.18 and 3791.04 of the Revised Code and any rules	68323
adopted under those sections and evidence that the home has been	68324
inspected by the state fire marshal or fire prevention officer of	68325
a municipal, township, or other legally constituted fire	68326
department approved by the state fire marshal and found to be in	68327
compliance with rules adopted under section 3737.83 of the	68328
Revised Code regarding fire prevention and safety in adult group	68329
homes;	68330

(B) Valid approvals of the facility's water and sewage	68331
systems issued by the responsible governmental entity, if	68332
applicable;	68333

(C) A statement of ownership containing the following	68334
information:	68335

(1) If the owner is an individual, the owner's name, address,	68336
telephone number, business address, business telephone number, and	68337
occupation. If the owner is an association, corporation, or	68338
partnership, the business activity, address, and telephone number	68339
of the entity and the name of every person who has an ownership	68340
interest of five per cent or more in the entity.	68341

(2) If the owner does not own the building or if the owner	68342
owns only part of the building in which the facility is housed,	68343
the name of each person who has an ownership interest of five per	68344
cent or more in the building;	68345

(3) The address of any adult care facility and any facility	68346
described in divisions (A)(9)(a) to ~~(h)~~(j) of section 3722.01 of	68347
the Revised Code in which the owner has an ownership interest of	68348
five per cent or more;	68349

(4) The identity of the manager of the adult care facility,	68350
if different from the owner;	68351

(5) The name and address of any adult care facility and any	68352
facility described in divisions (A)(9)(a) to ~~(h)~~(j) of section	68353
3722.01 of the Revised Code with which either the owner or manager	68354
has been affiliated through ownership or employment in the five	68355
years prior to the date of the application;	68356

(6) The names and addresses of three persons not employed by	68357
or associated in business with the owner who will provide	68358
information about the character, reputation, and competence of the	68359
owner and the manager and the financial responsibility of the	68360
owner;	68361

(7) Information about any arrest of the owner or manager for,	68362
or adjudication or conviction of, a criminal offense related to	68363
the provision of care in an adult care facility or any facility	68364
described in divisions (A)(9)(a) to ~~(h)~~(j) of section 3722.01 of	68365
the Revised Code or the ability to operate a facility;	68366

(8) Any other information the director may require regarding	68367
the owner's ability to operate the facility.	68368

(D) If the facility is an adult group home, a balance sheet	68369
showing the assets and liabilities of the owner and a statement	68370
projecting revenues and expenses for the first twelve months of	68371
the facility's operation;	68372

(E) ~~Proof of insurance in an amount and type determined in~~	68373
~~rules adopted by the public health council pursuant to this~~	68374
~~chapter to be adequate;~~A statement containing the following	68375
information regarding admissions to the facility:	68376

(1) The intended bed capacity of the facility;

68377

(2) If the facility will admit persons referred by or	68378
receiving services from an ADAMHS board or a mental health agency,	68379
the total number of beds anticipated to be occupied as a result	68380
of those admissions.	68381

If an inspection is conducted to investigate an alleged	68382
violation of the requirements of this chapter in a facility with	68383
residents referred by or receiving services from a mental health	68384
agency or ADAMHS board or a facility with residents receiving	68385
assistance under the residential state supplement program	68386
administered by the department of aging pursuant to section 173.35	68387
of the Revised Code, the director shall coordinate the inspection	68388
with the appropriate mental health agency, ADAMHS board, or	68389
PASSPORT administrative agency. As the director considers	68390
appropriate, the director shall conduct the inspection jointly	68391
with the mental health agency, ADAMHS board, or PASSPORT	68392
administrative agency.	68393

(F) A nonrefundable license application fee in an amount	68394
established in rules adopted by the public health council pursuant	68395
to this chapter.	68396

Sec. 3722.021. In determining the number of residents in a	68397
facility for the purpose of licensure under this chapter, the	68398
director of health shall consider all the individuals for whom the	68399
facility provides accommodations as one group unless either of the	68400
following is the case:	68401

(A) ~~The~~In addition to being an adult care facility, the	68402
facility is ~~both~~ a nursing home licensed under Chapter 3721. of	68403
the Revised Code ~~and an adult care facility~~, a residential	68404
facility licensed under that chapter, or both. In that case, all	68405
the individuals in the part or unit licensed as a nursing home,	68406
residential care facility, or both, shall be considered as one	68407
group and all the individuals in the part or unit licensed as an	68408
adult care facility shall be considered as another group.	68409

(B) The facility maintains, in addition to an adult care	68410
facility, a separate and discrete part or unit that provides	68411
accommodations to individuals who do not receive supervision or	68412
personal care services from the adult care facility, in which case	68413
the individuals in the separate and discrete part or unit shall	68414
not be considered in determining the number of residents in the	68415
adult care facility if the separate and discrete part or unit is	68416
in compliance with the Ohio basic building code established by the	68417
board of building standards under Chapters 3781. and 3791. of the	68418
Revised Code and the adult care facility, to the extent of its	68419
authority, permits the director, on request, to inspect the	68420
separate and discrete part or unit and speak with the individuals	68421
residing there, if they consent, to determine whether the separate	68422
and discrete part or unit meets the requirements of this division.	68423

Sec. 3722.022. A person may not apply for a license to	68424
operate an adult care facility if the person is or has been the	68425
owner or manager of an adult care facility for which a license to	68426
operate was revoked or for which renewal of a license was refused	68427
for any reason other than nonpayment of the license renewal fee,	68428
unless both of the following conditions are met:	68429

(A) A period of not less than two years has elapsed since the	68430
date the director of health issued the order revoking or refusing	68431
to renew the facility's license.	68432

(B) The director's revocation or refusal to renew the license	68433
was not based on an act or omission at the facility that violated	68434
a resident's right to be free from abuse, neglect, or	68435
exploitation.	68436

Sec. 3722.04. (A)~~(1)~~ The director of health shall inspect,	68437
license, and regulate adult care facilities. Except as otherwise	68438
provided in division (D) of this section, the director shall issue	68439
a license to an adult care facility that meets the requirements of	68440
section 3722.02 of the Revised Code and that the director	68441
determines to be in substantial compliance with the rules adopted	68442
by the public health council pursuant to this chapter. The	68443
director shall consider the past record of the owner and manager	68444
and any individuals who are principal participants in an entity	68445
that is the owner or manager in operating facilities providing	68446
care to adults. The director may, in accordance with Chapter 119.	68447
of the Revised Code, deny a license if the past record indicates	68448
that the owner or manager is not suitable to own or manage an	68449
adult care facility.	68450

The license shall contain the name and address of the	68451
facility for which it was issued, the date of expiration of the	68452
license, and the maximum number of residents that may be	68453
accommodated by the facility. A license for an adult care facility	68454
shall be valid for a period of two years after the date of	68455
issuance. No single facility may be licensed to operate as more	68456
than one adult care facility.	68457

~~(2) Notwithstanding division (A)(1) of this section and~~	68458
~~sections 3722.02 and 3722.041 of the Revised Code, the director~~	68459
~~may issue a temporary license if the requirements of divisions~~	68460
~~(C), (D), and (F) of section 3722.02 of the Revised Code have been~~	68461
~~met. A temporary license shall be valid for a period of ninety~~	68462
~~days and, except as otherwise provided in division (A)(3) of~~	68463
~~section 3722.05 of the Revised Code, may be renewed, without~~	68464
~~payment of an additional application fee, for an additional ninety~~	68465
~~days.~~	68466

(B) The director shall renew a license for a two-year period	68467
if the facility continues to be in compliance with the	68468
requirements of this chapter and in substantial compliance with	68469
the rules adopted under this chapter. The owner shall submit a	68470
nonrefundable license renewal application fee in an amount	68471
established in rules adopted by the public health council pursuant	68472
to this chapter. Before the license of an adult group home is	68473
renewed, if any alterations have been made to the buildings, a	68474
certificate of occupancy for the facility shall have been issued	68475
by the division of ~~industrial compliance~~labor in the department	68476
of commerce or a local certified building department. The facility	68477
shall have water and sewage system approvals, if required by law,	68478
and, in the case of an adult group home, documentation of	68479
continued compliance with the rules adopted by the state fire	68480
marshal under division (F) of section 3737.83 of the Revised Code.	68481

(C) ~~The~~(1) During each licensure period, the director shall	68482
make at least one unannounced inspection of an adult care facility	68483
~~during each licensure period~~ in addition to inspecting the	68484
facility to determine whether a license should be issued or	68485
renewed, and may make additional unannounced inspections as the	68486
director considers necessary. Other inspections may be made at any	68487
time that the director considers appropriate. ~~The~~	68488

The director shall take all reasonable actions to avoid	68489
giving notice of an inspection by the manner in which the	68490
inspection is scheduled or performed. ~~Not~~	68491

Not later than sixty days after the date of an inspection of	68492
a facility, the director shall send a report of the inspection to	68493
the ombudsperson in whose region the facility is located. ~~The~~	68494

(2) The state fire marshal or fire prevention officer of a	68495
municipal, township, or other legally constituted fire department	68496
approved by the state fire marshal shall inspect an adult group	68497
home seeking a license or renewal under this chapter as an adult	68498
care facility prior to issuance of a license or renewal, at least	68499
once annually thereafter, and at any other time at the request of	68500
the director, to determine compliance with the rules adopted under	68501
division (F) of section 3737.83 of the Revised Code.	68502

(D) The director may waive any of the licensing requirements	68503
~~having to do with fire and safety requirements or building~~	68504
~~standards~~ established by rule adopted by the public health council	68505
pursuant to this chapter upon written request of the facility. The	68506
director may grant a waiver if the director determines that the	68507
strict application of the licensing requirement would cause undue	68508
hardship to the facility and that granting the waiver would not	68509
jeopardize the health or safety of any resident. The director may	68510
provide a facility with an informal hearing concerning the denial	68511
of a waiver request, but the facility shall not be entitled to a	68512
hearing under Chapter 119. of the Revised Code unless the director	68513
takes an action that requires a hearing to be held under section	68514
3722.05 of the Revised Code.	68515

(E)(1) Not later than thirty days after each of the	68516
following, the owner of an adult care facility shall submit an	68517
inspection fee of twenty dollars for each bed for which the	68518
facility is licensed:	68519

(a) Issuance or renewal of a license~~, other than a temporary~~	68520
~~license~~;	68521

(b) The unannounced inspection required by division (C)(1) of	68522
this section that is in addition to the inspection conducted to	68523
determine whether a license should be issued or renewed;	68524

(c) If, during an inspection conducted in addition to the two	68525
inspections required by division (C)(1) of this section, the	68526
facility was found to be in violation of this chapter or the rules	68527
adopted under it, receipt by the facility of the report of that	68528
investigation.	68529

(2) The director may revoke the license of any adult care	68530
facility that fails to submit the fee within the thirty-day	68531
period.	68532

(3) All inspection fees received by the director, all civil	68533
penalties assessed under section 3722.08 of the Revised Code, all	68534
fines imposed under section 3722.99 of the Revised Code, and all	68535
license application and renewal application fees received under	68536
division (F) of section 3722.02 of the Revised Code or under	68537
division (B) of this section shall be deposited into the general	68538
operations fund created in section 3701.83 of the Revised Code and	68539
shall be used only to pay the costs of administering and enforcing	68540
the requirements of this chapter and rules adopted under it.	68541

(F)(1) An owner shall inform the director in writing of any	68542
changes in the information contained in the statement of ownership	68543
made pursuant to division (C) of section 3722.02 of the Revised	68544
Code or in the identity of the manager, not later than ten days	68545
after the change occurs.	68546

(2) An owner who sells or transfers an adult care facility	68547
shall be responsible and liable for the following:	68548

(a) Any civil penalties imposed against the facility under	68549
section 3722.08 of the Revised Code for violations that occur	68550
before the date of transfer of ownership or during any period in	68551
which the seller or the seller's agent operates the facility;	68552

(b) Any outstanding liability to the state, unless the buyer	68553
or transferee has agreed, as a condition of the sale or transfer,	68554
to accept the outstanding liabilities and to guarantee their	68555
payment, except that if the buyer or transferee fails to meet	68556
these obligations the seller or transferor shall remain	68557
responsible for the outstanding liability.	68558

(G) The director shall annually publish a list of licensed	68559
adult care facilities, facilities ~~whose~~for which licenses have	68560
been revoked ~~or not renewed~~, facilities for which license renewal	68561
has been refused, any facilities under an order suspending	68562
admissions pursuant to section 3722.07 of the Revised Code, and	68563
any facilities that have been assessed a civil penalty pursuant to	68564
section 3722.08 of the Revised Code. The director shall furnish	68565
information concerning the status of licensure of any facility to	68566
any person upon request. The director shall annually send a copy	68567
of the list to the department of job and family services, to the	68568
department of mental health, and to the department of aging.	68569

Sec. 3722.041. (A) Sections 3781.06 to 3781.18 and 3791.04	68570
of the Revised Code do not apply to an adult family home for which	68571
application is made to the director of health for licensure as an	68572
adult care facility under this chapter. Adult family homes shall	68573
not be required to submit evidence to the director of health that	68574
the home has been inspected by a local certified building	68575
department or the division of ~~industrial compliance~~labor in the	68576
department of commerce or by the state fire marshal or a fire	68577
prevention officer under section 3722.02 of the Revised Code, but	68578
shall be inspected by the director of health to determine	68579
compliance with this section. An inspection made under this	68580
section may be made at the same time as an inspection made under	68581
section 3722.04 of the Revised Code.	68582

(B) The director shall not license or renew the license of an	68583
adult family home unless it meets the fire protection standards	68584
established by rules adopted by the public health council pursuant	68585
to this chapter.	68586

Sec. 3722.05. ~~(A)(1)~~ If an adult care facility fails to	68587
comply with any requirement of this chapter or with any rule	68588
adopted pursuant to this chapter, the director of health may do	68589
any one or all of the following:	68590

~~(a)~~(A) In accordance with Chapter 119. of the Revised Code,	68591
deny, revoke, or refuse to renew the license of the facility;	68592

~~(b)~~(B) Give the facility an opportunity to correct the	68593
violation, in accordance with section 3722.06 of the Revised Code;	68594

~~(c)~~(C) Issue an order suspending the admission of residents	68595
to the facility, in accordance with section 3722.07 of the Revised	68596
Code;	68597

~~(d)~~(D) Impose a civil penalty in accordance with section	68598
3722.08 of the Revised Code;	68599

~~(e)~~(E) Petition the court of common pleas for injunctive	68600
relief in accordance with section 3722.09 of the Revised Code.	68601

~~(2) The director may refuse to renew the temporary license of~~	68602
~~any adult care facility for failure to make reasonable progress~~	68603
~~toward compliance with the requirements for licensure under~~	68604
~~section 3722.02 of the Revised Code and rules adopted by the~~	68605
~~public health council pursuant to this chapter. The director may~~	68606
~~revoke a temporary license upon a finding that the facility~~	68607
~~jeopardizes the health or safety of any of its residents.~~	68608
~~Proceedings initiated to deny, revoke, or refuse to renew a~~	68609
~~temporary license are not subject to Chapter 119. of the Revised~~	68610
~~Code.~~	68611

~~(3) The director may renew a temporary license for the~~	68612
~~duration of proceedings under Chapter 119. of the Revised Code~~	68613
~~regarding the denial of a permanent license if he determines that~~	68614
~~the continued operation of the facility will not jeopardize the~~	68615
~~health or safety of the residents.~~	68616

Sec. 3722.06. Except as otherwise provided in sections	68617
3722.07 to 3722.09 of the Revised Code and except in cases of	68618
violations that jeopardize the health and safety of any of the	68619
residents, if the director determines that a licensed adult care	68620
facility is in violation of this chapter or of rules adopted	68621
pursuant to this chapter, hethe director shall give the facility	68622
an opportunity to correct the violation. The director shall notify	68623
the facility of the violation~~, prescribe the steps necessary to~~	68624
~~correct the condition,~~ and specify a reasonable time for making	68625
the corrections. Notice of the violation ~~and the prescribed~~	68626
~~corrections~~ shall be in writing and shall include a citation to	68627
the statute or rule violated. The director shall state the action	68628
that hethe director will take if the corrections are not made	68629
within the specified period of time.	68630

The facility shall submit to the director a plan of	68631
correction stating the actions that will be taken to correct the	68632
violation. The director shall conduct an inspection to determine	68633
whether the facility has corrected the violation in accordance	68634
with the plan of correction.	68635

If the director determines that the facility has failed to	68636
correct the violation in accordance with the plan of correction,	68637
the director may impose a penalty under section 3722.08 of the	68638
Revised Code. If the director ~~subsequently~~ determines that the	68639
license of the facility should be revoked or should not be renewed	68640
because the facility has failed to correct the violation within	68641
the time specified or because the violation jeopardizes the health	68642
or safety of any of the residents, the director shall revoke or	68643
refuse to renew the license in accordance with Chapter 119. of the	68644
Revised Code.	68645

Sec. 3722.08. (A) If the director of health determines that	68646
an adult care facility is in violation of this chapter or rules	68647
adopted under it, the director may impose a civil penalty on the	68648
owner of the facility, pursuant to rules adopted by the public	68649
health council under this chapter~~, on the owner of the facility~~.	68650
The director shall determine the classification and amount of the	68651
penalty by considering the following factors:	68652

(1) The gravity of the violation, the severity of the actual	68653
or potential harm, and the extent to which the provisions of this	68654
chapter or rules adopted under it were violated;	68655

(2) Actions taken by the owner or manager to correct the	68656
violation;	68657

(3) The number, if any, of previous violations by the adult	68658
care facility.	68659

(B) The director shall give written notice of the order	68660
imposing a civil penalty to the adult care facility by certified	68661
mail, return receipt requested, or shall provide for delivery of	68662
the notice in person. The notice shall specify the classification	68663
of the violation as determined by rules adopted by the public	68664
health council pursuant to this chapter, the amount of the penalty	68665
and the rate of interest, the action that is required to be taken	68666
to correct the violation, the time within which it is to be	68667
corrected as specified in division (C) of this section, and the	68668
procedures for the facility to follow to request a conference on	68669
the order imposing a civil penalty. If the facility requests a	68670
conference in a letter mailed or delivered not later than two	68671
working days after it has received the notice, the director shall	68672
hold a conference with representatives of the facility concerning	68673
the civil penalty. The conference shall be held not later than	68674
seven days after the director receives the request. The conference	68675
shall be conducted as prescribed in division (C) of section	68676
3722.07 of the Revised Code. If the director issues an order	68677
upholding the civil penalty, the facility may request an	68678
adjudication hearing pursuant to Chapter 119. of the Revised Code,	68679
but the order of the director shall be in effect during	68680
proceedings instituted pursuant to that chapter until a final	68681
adjudication is made.	68682

(C) The director shall order that the condition or practice	68683
constituting a class I violation be abated or eliminated within	68684
twenty-four hours or any longer period that the director considers	68685
reasonable. The notice for a class II or a class III violation	68686
shall specify a time within which the violation is required to be	68687
corrected.	68688

(D) If the facility does not request a conference or if,	68689
after a conference, it fails to take action to correct a violation	68690
in the time prescribed by the director, the director shall issue	68691
an order upholding the penalty, plus interest at the rate	68692
specified in section 1343.03 of the Revised Code for each day	68693
beyond the date set for payment of the penalty. The director may	68694
waive the interest payment for the period prior to the conference	68695
if the director concludes that the conference was necessitated by	68696
a legitimate dispute.	68697

(E) The director may cancel or reduce the penalty for a class	68698
I violation if the facility corrects the violation within the time	68699
specified in the notice ~~unless~~, except that the director shall	68700
impose the penalty even though the facility has corrected the	68701
violation if a resident suffers physical harm because of the	68702
violation or ~~unless~~ the facility has been cited previously for	68703
the same violation~~, in which case the director shall impose the~~	68704
~~penalty even though the facility has corrected the violation~~. The	68705
director ~~shall~~may cancel the penalty for a class II or class III	68706
violation if the facility corrects the violation within the time	68707
specified in the notice ~~unless~~and the facility has not been	68708
cited previously for the same violation. Each day of a violation	68709
of any class, after the date the director sets for abatement or	68710
elimination, constitutes a separate and additional violation.	68711

(F) If an adult care facility fails to pay a penalty imposed	68712
under this section, the director may commence a civil action to	68713
collect the penalty. The license of an adult care facility that	68714
has failed to pay a penalty imposed under this section shall not	68715
be renewed until the penalty has been paid.	68716

(G) If a penalty is imposed under this section, a fine shall	68717
not be imposed under section 3722.99 of the Revised Code for the	68718
same violation.	68719

~~(H) Notwithstanding any other division of this section, the~~	68720
~~director shall not impose a penalty for a class I violation if all~~	68721
~~of the following apply:~~	68722

~~(1) A resident has not suffered physical harm because of the~~	68723
~~violation;~~	68724

~~(2) The violation has been corrected and is no longer~~	68725
~~occurring;~~	68726

~~(3) The violation is discovered by an inspector authorized to~~	68727
~~inspect an adult care facility pursuant to this chapter by an~~	68728
~~examination of the records of the facility.~~	68729

Sec. 3722.09. (A) If the director of health determines that	68730
the operation of an adult care facility jeopardizes the health or	68731
safety of any of the residents of the facility or if the director	68732
determines that an adult care facility is operating without a	68733
license, the director may petition the court of common pleas in	68734
the county in which the facility is located for appropriate	68735
injunctive relief against the facility. ~~The~~If injunctive relief	68736
is granted against a facility for operating without a license and	68737
the facility continues to operate without a license, the director	68738
shall refer the case to the attorney general for further action.	68739

(B) The court petitioned under division (A) of this section	68740
shall grant injunctive relief upon a showing that the operation of	68741
the facility jeopardizes the health or safety of any of the	68742
residents of the facility or that the facility is operating	68743
without a license. When the court grants injunctive relief in the	68744
case of a facility operating without a license, the court shall	68745
issue, at a minimum, an order enjoining the facility from	68746
admitting new residents to the facility and an order requiring the	68747
facility to assist resident rights advocates with the safe and	68748
orderly relocation of the facility's residents.	68749

Sec. 3722.10. (A) The public health council shall have the	68750
exclusive authority to adopt, and the council shall adopt, rules	68751
~~in accordance with Chapter 119. of the Revised Code~~ governing the	68752
licensing and operation of adult care facilities. The rules shall	68753
be adopted in accordance with Chapter 119. of the Revised Code and	68754
shall specify all of the following:	68755

(1) Procedures for the issuance, renewal, and revocation of	68756
licenses ~~and temporary licenses~~, for the granting and denial of	68757
waivers, and for the issuance and termination of orders of	68758
suspension of admission pursuant to section 3722.07 of the Revised	68759
Code;	68760

(2) The qualifications required for owners, managers, and	68761
employees of adult care facilities, including character, training,	68762
education, experience, and financial resources and the number of	68763
staff members required in a facility;	68764

(3) Adequate space, equipment, safety, and sanitation	68765
standards for the premises of adult care facilities, and fire	68766
protection standards for adult family homes as required by section	68767
3722.041 of the Revised Code;	68768

(4) The personal, social, dietary, and recreational services	68769
to be provided to each resident of adult care facilities;	68770

(5) Rights of residents of adult care facilities, in addition	68771
to the rights enumerated under section 3722.12 of the Revised	68772
Code, and procedures to protect and enforce the rights of these	68773
residents;	68774

(6) Provisions for keeping records of residents and for	68775
maintaining the confidentiality of the records as required by	68776
division (B) of section 3722.12 of the Revised Code. The	68777
provisions for maintaining the confidentiality of records shall,	68778
at the minimum, meet the requirements for maintaining the	68779
confidentiality of records under Title XIX of the "Social Security	68780
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations	68781
promulgated thereunder.	68782

(7) Measures to be taken by adult care facilities relative to	68783
residents' medication, including policies and procedures	68784
concerning medication, storage of medication in a locked area, and	68785
disposal of medication and assistance with self-administration of	68786
medication, if the facility provides assistance;	68787

(8) Requirements for initial and periodic health assessments	68788
of prospective and current adult care facility residents by	68789
physicians or other health professionals to ensure that they do	68790
not require a level of care beyond that which is provided by the	68791
adult care facility, including assessment of their capacity to	68792
self-administer the medications prescribed for them;	68793

(9) Requirements relating to preparation of special diets;

68794

(10) The amount of the fees for new and renewal license	68795
applications made pursuant to sections 3722.02 and 3722.04 of the	68796
Revised Code;	68797

(11) Measures to be taken by any employee of the state or any	68798
political subdivision of the state authorized by this chapter to	68799
enter an adult care facility to inspect the facility or for any	68800
other purpose, to ensure that the employee respects the privacy	68801
and dignity of residents of the facility, cooperates with	68802
residents of the facility and behaves in a congenial manner toward	68803
them, and protects the rights of residents;	68804

(12) How an owner or manager of an adult care facility is to	68805
comply with section 3722.18 of the Revised Code. ~~The~~At a minimum,	68806
the rules shall ~~do at least both of the following:~~	68807

~~(a) Establish~~establish the procedures an owner or manager is	68808
to follow under division (A)~~(2)~~ of section 3722.18 of the Revised	68809
Code regarding referrals to the facility of prospective residents	68810
with mental illness or severe mental disability and effective	68811
arrangements for ongoing mental health services for such	68812
prospective residents. The procedures may provide for any of the	68813
following:	68814

~~(i)~~(a) That the owner or manager ~~sign written agreements with~~	68815
~~the mental health agencies and boards of alcohol, drug addiction,~~	68816
~~and mental health services that refer such prospective residents~~	68817
~~to the facility. Each agreement shall cover all such prospective~~	68818
~~residents referred by the agency or board with which the owner or~~	68819
~~manager enters into the agreement.~~	68820

~~(ii)~~and the ADAMHS board serving the alcohol, drug	68821
addiction, and mental health service district in which the	68822
facility is located sign a mental health resident program	68823
participation agreement, as developed by the director of mental	68824
health under section 5119.613 of the Revised Code;	68825

(b) That the owner or manager comply with the requirements of	68826
its mental health resident program participation agreement;	68827

(c) That the owner or manager and the mental health agencies	68828
and ADAMHS boards ~~of alcohol, drug addiction, and mental health~~	68829
~~services~~ that refer such prospective residents to the facility	68830
develop and sign a mental health plan for ongoing mental health	68831
services for each such prospective resident;	68832

~~(iii)~~(d) Any other process established by the public health	68833
council in consultation with the director of health and director	68834
of mental health regarding referrals and effective arrangements	68835
for ongoing mental health services for prospective residents with	68836
mental illness.	68837

~~(b) Specify the date an owner or manager must begin to follow~~	68838
~~the procedures established by division (A)(12)(a) of this section.~~	68839

(13) Any other rules necessary for the administration and	68840
enforcement of this chapter.	68841

(B) After consulting with relevant constituencies, the	68842
director of mental health shall prepare and submit to the director	68843
of health recommendations for the content of rules to be adopted	68844
under division (A)(12) of this section. ~~The public health council~~	68845
~~shall adopt the rules required by division (A)(12) of this section~~	68846
~~no later than July 1, 2000.~~	68847

(C) The director of health shall advise adult care facilities	68848
regarding compliance with the requirements of this chapter and	68849
with the rules adopted pursuant to this chapter.	68850

(D) Any duty or responsibility imposed upon the director of	68851
health by this chapter may be carried out by an employee of the	68852
department of health.	68853

(E) Employees of the department of health may enter, for the	68854
purposes of investigation, any institution, residence, facility,	68855
or other structure which has been reported to the department as,	68856
or that the department has reasonable cause to believe is,	68857
operating as an adult care facility without a valid license.	68858

Sec. 3722.13. (A) Each adult care facility shall establish a	68859
written residents' rights policy containing the text of sections	68860
3722.12 and 3722.14 of the Revised Code and rules adopted by the	68861
public health council pursuant to this chapter, a discussion of	68862
the rights and responsibilities of residents under that section,	68863
and the text of any additional rule for residents promulgated by	68864
the facility. At the time of admission the manager shall give a	68865
copy of the residents' rights policy to the resident and ~~his~~the	68866
resident's sponsor, if any, and explain the contents of the policy	68867
to them. The facility shall establish procedures for facilitating	68868
the residents' exercise of their rights.	68869

(B) Each adult care facility shall post prominently within	68870
the facility a copy of the residents' rights listed in division	68871
(B) of section 3722.12 of the Revised Code and any additional	68872
residents' rights established by rules adopted by the public	68873
health council pursuant to this chapter, ~~and~~ the addresses and	68874
telephone numbers of the state long-term care ~~facilities ombudsman~~	68875
ombudsperson and the regional ~~ombudsman~~long-term care	68876
ombudsperson program for the area in which the facility is	68877
located, and ~~of the central and district offices of~~the telephone	68878
number maintained by the department of health for accepting	68879
complaints.	68880

Sec. 3722.14. (A)(1) Except as provided in division (A)(2)	68881
of this section, an adult care facility may transfer or discharge	68882
a resident, in the absence of a request from the resident, only	68883
for the following reasons:	68884

(a) Charges for the resident's accommodations and services	68885
have not been paid within thirty days after the date on which they	68886
became due;	68887

(b) The mental, emotional, or physical condition of the	68888
resident requires a level of care that the facility is unable to	68889
provide;	68890

(c) The health, safety, or welfare of the resident or of	68891
another resident requires a transfer or discharge;	68892

(d) The facility's license has been revoked or renewal has	68893
been denied pursuant to this chapter;	68894

(e) The owner closes the facility;

68895

(f) The resident is relocated as the result of a court's	68896
order issued under section 3722.09 of the Revised Code as part of	68897
the injunctive relief granted against a facility that is operating	68898
without a license;	68899

(g) The resident is receiving publicly funded mental health	68900
services and the facility's mental health resident program	68901
participation agreement is terminated by the facility or ADAMHS	68902
board.	68903

(2) An adult family home may transfer or discharge a resident	68904
if transfer or discharge is required for the health, safety, or	68905
welfare of an individual who resides in the home but is not a	68906
resident for whom supervision or personal services are provided.	68907

(B)(1) The facility shall give a resident thirty days advance	68908
notice, in writing, of a proposed transfer or discharge, except	68909
that if the transfer or discharge is for a reason given in	68910
divisions (A)(1)(b) to (g) or (A)(2) ~~to (5)~~ of this section and an	68911
emergency exists, the notice need not be given thirty days in	68912
advance. ~~The resident may request and the director of health shall~~	68913
~~conduct a hearing if the transfer or discharge is based upon~~	68914
~~division (A)(1), (2), or (3) of this section. The public health~~	68915
~~council shall adopt rules governing the procedure for conducting~~	68916
~~such a hearing.~~ The facility shall state in the written notice the	68917
reasons for the proposed transfer or discharge. If the resident is	68918
entitled to a hearing as specified in division (B)(2) of this	68919
section, the written notice shall outline the procedure for the	68920
resident to follow in requesting a hearing.	68921

(2) A resident may request a hearing if a proposed transfer	68922
or discharge is based on reason given in division (A)(1)(a) to (c)	68923
or (A)(2) of this section. If the resident seeks a hearing, hethe	68924
resident shall submit a request to the director not later than ten	68925
days after receiving the written notice. The director shall hold	68926
the hearing not later than ten days after receiving the request. A	68927
representative of the director shall preside over the hearing and	68928
shall issue a written recommendation of action to be taken by the	68929
director not later than three days after the hearing. The director	68930
shall issue an order regarding the transfer or discharge not later	68931
than two days after receipt of the recommendation. The order may	68932
prohibit or place conditions on the discharge or transfer. In the	68933
case of a transfer, the order may require that the transfer be to	68934
an institution or facility specified by the director. The hearing	68935
is not subject to section 121.22 of the Revised Code. The public	68936
health council shall adopt rules governing any additional	68937
procedures necessary for conducting the hearing.	68938

(C)(1) The owner of an adult care facility who is closing the	68939
facility shall inform the director of health in writing at least	68940
thirty days prior to the proposed date of closing. At the same	68941
time, the owner or manager shall inform each resident, ~~his~~the	68942
resident's guardian, ~~his~~the resident's sponsor, or any	68943
organization or agency acting on behalf of the resident, of the	68944
closing of the facility and the date of the closing.	68945

(2) Immediately upon receiving notice that a facility is to	68946
be closed, the director shall monitor the transfer of residents to	68947
other facilities and ensure that residents' rights are protected.	68948
The director shall notify the ~~ombudsman~~ombudsperson in the region	68949
in which the facility is located of the closing.	68950

(3) All charges shall be prorated as of the date on which the	68951
facility closes. If payments have been made in advance, the	68952
payments for services not rendered shall be refunded to the	68953
resident or the resident's guardian not later than seven days	68954
after the closing of the facility.	68955

(4) Immediately upon the closing of a facility, the owner	68956
shall surrender the license to the director, and the license shall	68957
be canceled.	68958

Sec. 3722.15. (A) The following may enter an adult care	68959
facility at any time:	68960

(1) Employees designated by the director of health;

68961

(2) Employees designated by the director of aging;

68962

(3) Employees designated by the attorney general;

68963

(4) Employees designated by a county department of job and	68964
family services to implement sections 5101.60 to 5101.71 of the	68965
Revised Code;	68966

(5) Persons employed pursuant to division (M) of section	68967
173.01 of the Revised Code in the long-term care ~~facilities~~	68968
ombudsperson program;	68969

(6) Employees of the department of mental health designated	68970
by the director of mental health;	68971

(7) Employees of a mental health agency~~, if~~under any of the	68972
following circumstances:	68973

(a) When the agency has a client residing in the facility;

68974

(b) When the agency is acting as an agent of an ADAMHS board	68975
other than the board with which it is under contract;	68976

(c) When there is a mental health resident program	68977
participation agreement between the facility and the ADAMHS board	68978
with which the agency is under contract.	68979

(8) Employees of aan ADAMHS board ~~of alcohol, drug~~	68980
~~addiction, and mental health services, when~~under any of the	68981
following circumstances:	68982

(a) When authorized by section 340.05 of the Revised Code or	68983
~~if an individual~~;	68984

(b) When a resident of the facility is receiving mental	68985
health services provided by ~~the~~that ADAMHS board or another	68986
ADAMHS board pursuant to division (A)(8)(b) of section 340.03 of	68987
the Revised Code or;	68988

(c) When a resident of the facility is receiving services	68989
from a mental health agency under contract with ~~the~~that ADAMHS	68990
board ~~resides in the facility~~or another ADAMHS board;	68991

(d) When there is a mental health resident program	68992
participation agreement between the facility and that ADAMHS	68993
board.	68994

~~These~~The employees specified in divisions (A)(1) to (8) of	68995
this section shall be afforded access to all records of the	68996
facility, including records pertaining to residents, and may copy	68997
the records. Neither these employees nor the director of health	68998
shall release, without consent, any information obtained from the	68999
records of an adult care facility that reasonably would tend to	69000
identify a specific resident of the facility, except as ordered by	69001
a court of competent jurisdiction.	69002

(B) The following persons may enter any adult care facility	69003
during reasonable hours:	69004

(1) A resident's sponsor;

69005

(2) Residents' rights advocates;

69006

(3) A resident's attorney;

69007

(4) A minister, priest, rabbi, or other person ministering to	69008
a resident's religious needs;	69009

(5) A physician or other person providing health care	69010
services to a resident;	69011

(6) Employees authorized by county departments of job and	69012
family services and local boards of health or health departments	69013
to enter adult care facilities;	69014

(7) A prospective resident and prospective resident's	69015
sponsor.	69016

(C) The manager of an adult care facility may require a	69017
person seeking to enter the facility to present identification	69018
sufficient to identify the person as an authorized person under	69019
this section.	69020

Sec. 3722.16. (A) No person shall:

69021

(1) Operate an adult care facility unless the facility is	69022
validly licensed by the director of health under section 3722.04	69023
of the Revised Code;	69024

(2) Admit to an adult care facility more residents than the	69025
number authorized in the facility's license;	69026

(3) Admit a resident to an adult care facility after the	69027
director has issued an order pursuant to section 3722.07 of the	69028
Revised Code suspending admissions to the facility. Violation of	69029
division (A)(3) of this section is cause for revocation of the	69030
facility's license.	69031

(4) Interfere with any authorized inspection of an adult care	69032
facility conducted pursuant to section 3722.02 or 3722.04 of the	69033
Revised Code;	69034

(5) Admit to an adult care facility a resident requiring	69035
publicly funded mental health services, unless both of the	69036
following conditions are met:	69037

(a) The ADAMHS board serving the alcohol, drug addiction,	69038
and mental health service district in which the facility is	69039
located is notified;	69040

(b) The facility and ADAMHS board have entered into a mental	69041
health resident program participation agreement by using the	69042
standardized form approved by the director of mental health under	69043
section 5119.613 of the Revised Code.	69044

(6) Violate any of the provisions of this chapter or any of	69045
the rules adopted pursuant to it.	69046

(B) No adult care facility shall provide, or admit or retain	69047
any resident in need of, skilled nursing care unless all of the	69048
following conditions are ~~the case~~met:	69049

(1) The care will be provided on a part-time, intermittent	69050
basis for not more than a total of one hundred twenty days in any	69051
twelve-month period.	69052

(2) The care will be provided by one or more of the	69053
following:	69054

(a) A home health agency certified under Title XVIII of the	69055
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	69056
amended:;	69057

(b) A hospice care program licensed under Chapter 3712. of	69058
the Revised Code;	69059

(c) A nursing home licensed under Chapter 3721. of the	69060
Revised Code and owned and operated by the same person and located	69061
on the same site as the adult care facility;	69062

(d) A mental health agency or, pursuant to division (A)(8)(b)	69063
of section 340.03 of the Revised Code, aan ADAMHS board of	69064
~~alcohol, drug addiction, and mental health services~~.	69065

~~(2)~~(3) Each individual employed by, under contract with, or	69066
otherwise used by any of the entities specified in division (B)(2)	69067
of this section to perform the skilled nursing care is authorized	69068
under the laws of this state to perform the care by being	69069
appropriately licensed, as specified in rules adopted under	69070
division (G) of this section.	69071

(4) The staff of the ~~home health agency, hospice care~~	69072
~~program, nursing home, mental health agency, or board of alcohol,~~	69073
~~drug addiction, and mental health services~~one or more entities	69074
providing the skilled nursing care does not train the adult care	69075
facility staff to provide the skilled nursing care;	69076

~~(3)~~(5) The individual to whom the skilled nursing care is	69077
provided is suffering from a short-term illness;	69078

~~(4)~~(6) If the skilled nursing care is to be provided by the	69079
nursing staff of a nursing home, all of the following are the	69080
case:	69081

(a) The adult care facility evaluates the individual	69082
receiving the skilled nursing care at least once every seven days	69083
to determine whether the individual should be transferred to a	69084
nursing home;	69085

(b) The adult care facility meets at all times staffing	69086
requirements established by rules adopted under section 3722.10 of	69087
the Revised Code;	69088

(c) The nursing home does not include the cost of providing	69089
skilled nursing care to the adult care facility residents in a	69090
cost report filed under section 5111.26 of the Revised Code;	69091

(d) The nursing home meets at all times the nursing home	69092
licensure staffing ratios established by rules adopted under	69093
section 3721.04 of the Revised Code;	69094

(e) The nursing home staff providing skilled nursing care to	69095
adult care facility residents are registered nurses or licensed	69096
practical nurses licensed under Chapter 4723. of the Revised Code	69097
and meet the personnel qualifications for nursing home staff	69098
established by rules adopted under section 3721.04 of the Revised	69099
Code;	69100

(f) The skilled nursing care is provided in accordance with	69101
rules established for nursing homes under section 3721.04 of the	69102
Revised Code;	69103

(g) The nursing home meets the skilled nursing care needs of	69104
the adult care facility residents;	69105

(h) Using the nursing home's nursing staff does not prevent	69106
the nursing home or adult care facility from meeting the needs of	69107
the nursing home and adult care facility residents in a quality	69108
and timely manner.	69109

(7) No adult care facility staff shall provide skilled	69110
nursing care.	69111

Notwithstanding section 3721.01 of the Revised Code, an adult	69112
care facility in which residents receive skilled nursing care as	69113
described in division (B) of this section is not a nursing home.	69114
~~No adult care facility shall provide skilled nursing care.~~	69115

(C) A home health agency or hospice care program that	69116
provides skilled nursing care pursuant to division (B) of this	69117
section may not be associated with the adult care facility unless	69118
the facility is part of a home for the aged as defined in section	69119
5701.13 of the Revised Code or the adult care facility is owned	69120
and operated by the same person and located on the same site as a	69121
nursing home licensed under Chapter 3721. of the Revised Code that	69122
is associated with the home health agency or hospice care program.	69123
In addition, the following requirements shall be met:	69124

(1) The adult care facility shall evaluate the individual	69125
receiving the skilled nursing care not less than once every seven	69126
days to determine whether the individual should be transferred to	69127
a nursing home;	69128

(2) If the costs of providing the skilled nursing care are	69129
included in a cost report filed pursuant to section 5111.26 of the	69130
Revised Code by the nursing home that is part of the same home for	69131
the aged, the home health agency or hospice care program shall not	69132
seek reimbursement for the care under the medical assistance	69133
program established under Chapter 5111. of the Revised Code.	69134

(D)~~(1)~~ No person knowingly shall place or recommend placement	69135
of any person in an adult care facility that is operating without	69136
a license.	69137

~~(2)~~(E) No employee of a unit of local or state government,	69138
ADAMHS board ~~of alcohol, drug addiction, and mental health~~	69139
~~services~~, mental health agency, or PASSPORT administrative agency	69140
shall place or recommend placement of any person in an adult care	69141
facility if the employee knows ~~that~~any of the following:	69142

(1) That the facility cannot meet the needs of the potential	69143
resident;	69144

(2) That placement of the resident would cause the facility	69145
to exceed its licensed capacity;	69146

(3) That an enforcement action initiated by the director of	69147
health is pending and may result in the revocation of or refusal	69148
to renew the facility's license;	69149

(4) That the potential resident is receiving or is eligible	69150
for publicly funded mental health services and the facility has	69151
not entered into a mental health resident program participation	69152
agreement.	69153

~~(3)~~(F) No person who has reason to believe that an adult care	69154
facility is operating without a license shall fail to report this	69155
information to the director of health.	69156

~~(E)~~(G) In accordance with Chapter 119. of the Revised Code,	69157
the public health council shall adopt rules ~~that define~~for	69158
purposes of division (B) of this section that do all of the	69159
following:	69160

(1) Define a short-term illness for purposes of division	69161
(B)~~(3)~~(5) of this section ~~and specify~~;	69162

(2) Specify, consistent with rules pertaining to home health	69163
care adopted by the director of job and family services under the	69164
medical assistance program established under Chapter 5111. of the	69165
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	69166
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	69167
part-time, intermittent basis for purposes of division (B)(1) of	69168
this section;	69169

(3) Specify what constitutes being appropriately licensed for	69170
purposes of division (B)(3) of this section.	69171

Sec. 3722.17. (A) Any person who believes that an adult care	69172
facility is in violation of this chapter or of any of the rules	69173
promulgated pursuant to it may report the information to the	69174
director of health. The director shall investigate each report	69175
made under this section or section 3722.16 of the Revised Code and	69176
shall inform the facility of the results of the investigation.	69177
When investigating a report made pursuant to section 340.05 of the	69178
Revised Code, the director shall consult with the ADAMHS board of	69179
~~alcohol, drug addiction, and mental health services~~ that made the	69180
report. The director shall keep a record of the investigation and	69181
the action taken as a result of the investigation.	69182

The director shall not reveal, without consent, the identity	69183
of a person who makes a report under this section or division	69184
~~(D)(3)~~(G) of section 3722.16 of the Revised Code, the identity of	69185
a specific resident or residents referred to in such a report, or	69186
any other information that could reasonably be expected to reveal	69187
the identity of the person making the report or the resident or	69188
residents referred to in the report, except that the director may	69189
provide this information to a government agency responsible for	69190
enforcing laws applying to adult care facilities.	69191

(B) Any person who believes that a resident's rights under	69192
sections 3722.12 to 3722.15 of the Revised Code have been violated	69193
may report the information to the state ~~or regional~~ long-term care	69194
~~facilities~~ ombudsperson, the regional long-term care ombudsperson	69195
program for the area in which the facility is located, or to the	69196
director of health. If the person believes that the resident has	69197
mental illness or severe mental disability and is suffering abuse	69198
or neglect, the person may report the information to the ADAMHS	69199
board ~~of alcohol, drug addiction, and mental health services~~	69200
serving the alcohol, drug addiction, and mental health service	69201
district in which the adult care facility is located or a mental	69202
health agency under contract with the board in addition to or	69203
instead of the ombudsperson, regional program, or director.	69204

(C) Any person who makes a report pursuant to division (A) or	69205
(B) of this section or division ~~(D)(3)~~(G) of section 3722.16 of	69206
the Revised Code or any person who participates in an	69207
administrative or judicial proceeding resulting from such a report	69208
is immune from any civil liability or criminal liability, other	69209
than perjury, that might otherwise be incurred or imposed as a	69210
result of these actions, unless the person has acted in bad faith	69211
or with malicious purpose.	69212

Sec. 3722.18. Before an adult care facility admits a	69213
prospective resident who the owner or manager of the facility	69214
knows has been assessed as having a mental illness or severe	69215
mental disability, the owner or manager ~~shall do~~is subject to	69216
both of the following ~~in accordance with rules adopted under~~	69217
~~division (A)(12) of section 3722.10 of the Revised Code~~:	69218

(A) If the prospective resident is referred to the facility	69219
by a mental health agency or ADAMHS board ~~of alcohol, drug~~	69220
~~addiction, and mental health services~~, ~~do the following:~~	69221

~~(1) Except in an emergency and only until the date an owner~~	69222
~~or manager of an adult care facility must begin to follow~~	69223
~~procedures under division (A)(2) of this section, enter into an~~	69224
~~affiliation agreement with the agency or board. An affiliation~~	69225
~~agreement with the agency is subject to the board's approval. An~~	69226
~~affiliation agreement must be consistent with the residential~~	69227
~~portion of the board's community mental health plan submitted to~~	69228
~~the department of mental health under section 340.03 of the~~	69229
~~Revised Code.~~	69230

~~(2) Beginning on the date specified in rules adopted under~~	69231
~~division (A)(12) of section 3722.10 of the Revised Code,~~the owner	69232
or manager shall follow procedures established in ~~those~~ rules	69233
adopted under division (A)(12) of section 3722.10 of the Revised	69234
Code regarding referrals and effective arrangements for ongoing	69235
mental health services.	69236

(B) If the prospective resident is not referred to the	69237
facility by a mental health agency or ADAMHS board ~~of alcohol,~~	69238
~~drug addiction, and mental health services~~, ~~document that~~ the	69239
owner or manager ~~has offered~~shall offer to assist the	69240
prospective resident in obtaining appropriate mental health	69241
services and document the offer of assistance in accordance with	69242
rules adopted under division (A)(12) of section 3722.10 of the	69243
Revised Code.	69244

Sec. 3722.99. Whoever violates division (A) ~~or (B)~~(1) of	69245
section 3722.16 of the Revised Code shall be fined ~~five hundred~~	69246
two thousand dollars for a first offense; for each subsequent	69247
offense, such person shall be fined ~~one~~five thousand dollars.	69248

Whoever violates division (C) of section 3722.12 or division	69249
(A)(2), (3), (4), (5) or (6), (B), (C), (D), (E), or (F) of	69250
section 3722.16 of the Revised Code shall be fined ~~one~~five	69251
hundred dollars for a first offense; for each subsequent offense,	69252
such person shall be fined ~~five hundred~~one thousand dollars.	69253

Sec. 3727.02. (A) No person and no political subdivision,	69254
agency, or instrumentality of this state shall operate a hospital	69255
unless it is certified under Title XVIII of the "Social Security	69256
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or is	69257
accredited by ~~the joint commission or the American osteopathic~~	69258
~~association~~a national accrediting organization approved by the	69259
centers for medicare and medicaid services and the director of	69260
health.	69261

(B) No person and no political subdivision, agency, or	69262
instrumentality of this state shall hold out as a hospital any	69263
health facility that is not certified or accredited as required in	69264
division (A) of this section.	69265

~~Sec. 3727.05.~~ Sec. 3727.04. The director of health may petition	69266
the court of common pleas of the county in which a hospital is	69267
located for an order enjoining any person or any political	69268
subdivision, agency, or instrumentality of this state from	69269
violating section 3727.02 of the Revised Code. Irrespective of any	69270
other remedy the director may have in law or equity, the court may	69271
grant the order upon a showing that the respondent named in the	69272
petition is violating section 3727.02 of the Revised Code.	69273

~~Sec. 3701.71.~~ Sec. 3727.05. ~~To comply with the Social Security Act~~	69274
~~Amendments of 1950, known as Public Law 734-81st Congress, the~~	69275
~~Ohio~~The department of health ~~is hereby designated as the state~~	69276
~~authority responsible for establishing and maintaining~~shall	69277
establish, maintain, and enforce minimum standards for ~~voluntary~~	69278
~~and governmental hospitals~~every hospital and ~~in units~~for every	69279
unit providing medical and nursing care in city and county	69280
institutions.	69281

~~Sec. 3701.72.~~ Sec. 3727.051. ~~Subject to the provisions of sections~~	69282
~~119.01 to 119.13 inclusive, of the Revised Code, the~~The Ohio	69283
department of health ~~shall have the power to~~may adopt reasonable	69284
rules ~~and regulations~~ to ~~establish and maintain such minimum~~	69285
~~standards~~implement section 3727.05 of the Revised Code. The rules	69286
shall be adopted under Chapter 119. of the Revised Code.	69287

Sec. 3727.052. All prosecutions and proceedings by the	69288
department of health for a violation of the minimum standards	69289
established under section 3727.05 of the Revised Code, a violation	69290
of any of the rules adopted under section 3727.051 of the Revised	69291
Code, or a violation of any order issued by the department to	69292
enforce those standards or rules shall be instituted by the	69293
director of health. All fines or judgments the department	69294
collects shall be paid into the state treasury to the credit of	69295
the general revenue fund.	69296

The director may petition the court of common pleas for	69297
injunctive or other appropriate relief requiring any person	69298
committing the alleged violation to comply with the applicable	69299
standard, rule, or order. The court of common pleas of the county	69300
in which the offense is alleged to be occurring may grant such	69301
injunctive or other appropriate relief as the equities of the case	69302
require.	69303

~~Sec. 3727.04.~~ Sec. 3727.053. In addition to any other inspections	69304
authorized by law, the director of health may inspect any hospital	69305
if there are substantial allegations or evidence of a significant	69306
deficiency or deficiencies that would, if found to be present,	69307
adversely affect the health or safety of its patients and may make	69308
such other inspections as are necessary to enforce this chapter.	69309

Sec. 3729.07. The licensor of a recreational vehicle park,	69310
recreation camp, or combined park-camp may charge a fee for an	69311
annual license to operate such a park, camp, or park-camp. In the	69312
case of a temporary park-camp, the licensor may charge a fee for a	69313
license to operate the temporary park-camp for the period	69314
specified in division (A) of section 3729.05 of the Revised Code.	69315
The fees for both types of licenses shall be determined in	69316
accordance with section 3709.09 of the Revised Code and shall	69317
include the cost of licensing and all inspections.	69318

Except for the fee for a temporary park-camp license, the fee	69319
also shall include any additional amount determined by rule of the	69320
public health council, which shall be collected and transmitted by	69321
the board of health to the ~~treasurer of state to be credited to~~	69322
~~the general operations fund created in section 3701.83 of the~~	69323
~~Revised Code~~director of health pursuant to section 3709.092 of	69324
the Revised Code and used only for the purpose of administering	69325
and enforcing this chapter and rules adopted under it. The portion	69326
of any fee retained by the board of health shall be paid into a	69327
special fund and used only for the purpose of administering and	69328
enforcing this chapter and rules adopted under it.	69329

Sec. 3733.02. (A)(1) The public health council, subject to	69330
Chapter 119. of the Revised Code, shall adopt, and has the	69331
exclusive power to adopt, rules of uniform application throughout	69332
the state governing the review of plans, issuance of flood plain	69333
management permits, and issuance of licenses for manufactured home	69334
parks; the location, layout, density, construction, drainage,	69335
sanitation, safety, and operation of those parks; and notices of	69336
flood events concerning, and flood protection at, those parks.	69337
The rules pertaining to flood plain management shall be consistent	69338
with and not less stringent than the flood plain management	69339
criteria of the national flood insurance program adopted under the	69340
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.	69341
4001, as amended. The rules shall not apply to the construction,	69342
erection, or manufacture of any building to which section 3781.06	69343
of the Revised Code is applicable.	69344

(2) The rules pertaining to manufactured home parks	69345
constructed after June 30, 1971, shall specify that each home must	69346
be placed on its lot to provide not less than fifteen feet between	69347
the side of one home and the side of another home, ten feet	69348
between the end of one home and the side of another home, and five	69349
feet between the ends of two homes placed end to end.	69350

(3) The ~~department of health~~manufactured homes commission	69351
shall determine compliance with the installation, blocking,	69352
tiedown, foundation, and base support system standards for	69353
manufactured housing located in manufactured home parks adopted by	69354
the ~~manufactured homes~~ commission pursuant to section 4781.04 of	69355
the Revised Code. All inspections of the installation, blocking,	69356
tiedown, foundation, and base support systems of manufactured	69357
housing in a manufactured home park that the department of health	69358
or a licensor conducts shall be conducted by a person who has	69359
completed an installation training course approved by the	69360
manufactured homes commission pursuant to division (B)(12) of	69361
section 4781.04 of the Revised Code.	69362

As used in division (A)(3) of this section, "manufactured	69363
housing" has the same meaning as in section 4781.01 of the Revised	69364
Code.	69365

(B) The public health council, in accordance with Chapter	69366
119. of the Revised Code, shall adopt rules of uniform application	69367
throughout the state establishing requirements and procedures in	69368
accordance with which the director of health may authorize	69369
licensors for the purposes of sections 3733.022 and 3733.025 of	69370
the Revised Code. The rules shall include at least provisions	69371
under which a licensor may enter into contracts for the purpose of	69372
fulfilling the licensor's responsibilities under either or both of	69373
those sections.	69374

Sec. 3733.04. The licensor of a manufactured home park may	69375
charge a fee for an annual license to operate such a park. The fee	69376
for a license shall be determined in accordance with section	69377
3709.09 of the Revised Code and shall include the cost of	69378
licensing and all inspections.	69379

The fee also shall include any additional amount determined	69380
by rule of the public health council, which shall be collected and	69381
transmitted by the board of health to the ~~treasurer of state to be~~	69382
~~credited to the general operations fund created in section 3701.83~~	69383
~~of the Revised Code~~director of health pursuant to section	69384
3709.092 of the Revised Code and used only for the purpose of	69385
administering and enforcing sections 3733.01 to 3733.08 of the	69386
Revised Code and the rules adopted under those sections. The	69387
portion of any fee retained by the board of health shall be paid	69388
into a special fund and used only for the purpose of administering	69389
and enforcing sections 3733.01 to 3733.08 of the Revised Code and	69390
the rules adopted thereunder.	69391

Sec. 3733.25. Any fee for the license required by section	69392
3733.24 of the Revised Code shall be determined in accordance with	69393
section 3709.09 of the Revised Code. The license fee shall include	69394
any additional amount determined by rule of the public health	69395
council, which shall be collected and transmitted by the board of	69396
health ~~district~~ to the director of health ~~for deposit in the state~~	69397
~~treasury to the credit of the general operations fund created in~~	69398
~~section 3701.83 of the Revised Code~~pursuant to section 3709.092	69399
of the Revised Code and shall be used by the director to	69400
administer and enforce sections 3733.21 to 3733.30 of the Revised	69401
Code and rules adopted thereunder. The portion of any fee retained	69402
by the health district shall be paid into a special fund which is	69403
hereby created in each health district and shall be used only by	69404
the board for the purpose of administering and enforcing sections	69405
3733.21 to 3733.30 of the Revised Code and the rules adopted	69406
thereunder. The health district may charge additional reasonable	69407
fees for the collection and bacteriological examination of any	69408
necessary water samples taken from a marina.	69409

Sec. 3733.43. (A) Except as otherwise provided in this	69410
division, prior to the fifteenth day of April in each year, every	69411
person who intends to operate an agricultural labor camp shall	69412
make application to the licensor for a license to operate such	69413
camp, effective for the calendar year in which it is issued. The	69414
licensor may accept an application on or after the fifteenth day	69415
of April. The license fees specified in this division shall be	69416
submitted to the licensor with the application for a license. No	69417
agricultural labor camp shall be operated in this state without a	69418
license. Any person operating an agricultural labor camp without a	69419
current and valid agricultural labor camp license is not excepted	69420
from compliance with sections 3733.41 to 3733.49 of the Revised	69421
Code by holding a valid and current hotel license. Each person	69422
proposing to open an agricultural labor camp shall submit with the	69423
application for a license any plans required by any rule adopted	69424
under section 3733.42 of the Revised Code. ~~The~~For any license	69425
issued on or after July 1, 2009, the annual license fee is	69426
~~seventy-five~~one hundred fifty dollars, unless the application for	69427
a license is made on or after the fifteenth day of April in any	69428
given year, in which case the annual license fee is one hundred	69429
sixty-six dollars. AnFor any license issued on or after July 1,	69430
2009, an additional fee of ~~ten~~twenty dollars per housing unit per	69431
year shall be assessed to defray the costs of enforcing sections	69432
3733.41 to 3733.49 of the Revised Code, unless the application for	69433
a license is made on or after the fifteenth day of April in any	69434
given year, in which case an additional fee of ~~fifteen~~forty-two	69435
dollars and fifty cents per housing unit shall be assessed. All	69436
fees collected under this division shall be deposited in the state	69437
treasury to the credit of the general operations fund created in	69438
section 3701.83 of the Revised Code and shall be used for the	69439
administration and enforcement of sections 3733.41 to 3733.49 of	69440
the Revised Code and rules adopted thereunder.	69441

(B) Any license under this section may be denied, suspended,	69442
or revoked by the licensor for violation of sections 3733.41 to	69443
3733.49 of the Revised Code or the rules adopted thereunder.	69444
Unless there is an immediate serious public health hazard, no	69445
denial, suspension, or revocation of a license shall be made	69446
effective until the person operating the agricultural labor camp	69447
has been given notice in writing of the specific violations and a	69448
reasonable time to make corrections. When the licensor determines	69449
that an immediate serious public health hazard exists, the	69450
licensor shall issue an order denying or suspending the license	69451
without a prior hearing.	69452

(C) All proceedings under this section are subject to Chapter	69453
119. of the Revised Code except as provided in section 3733.431 of	69454
the Revised Code.	69455

(D) Every occupant of an agricultural labor camp shall keep	69456
that part of the dwelling unit, and premises thereof, that the	69457
occupant occupies and controls in a clean and sanitary condition.	69458

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	69459
(8), and (9) of this section, no person shall operate or maintain	69460
a solid waste facility without a license issued under this	69461
division by the board of health of the health district in which	69462
the facility is located or by the director of environmental	69463
protection when the health district in which the facility is	69464
located is not on the approved list under section 3734.08 of the	69465
Revised Code.	69466

During the month of December, but before the first day of	69467
January of the next year, every person proposing to continue to	69468
operate an existing solid waste facility shall procure a license	69469
under this division to operate the facility for that year from the	69470
board of health of the health district in which the facility is	69471
located or, if the health district is not on the approved list	69472
under section 3734.08 of the Revised Code, from the director. The	69473
application for such a license shall be submitted to the board of	69474
health or to the director, as appropriate, on or before the last	69475
day of September of the year preceding that for which the license	69476
is sought. In addition to the application fee prescribed in	69477
division (A)(2) of this section, a person who submits an	69478
application after that date shall pay an additional ten per cent	69479
of the amount of the application fee for each week that the	69480
application is late. Late payment fees accompanying an application	69481
submitted to the board of health shall be credited to the special	69482
fund of the health district created in division (B) of section	69483
3734.06 of the Revised Code, and late payment fees accompanying an	69484
application submitted to the director shall be credited to the	69485
general revenue fund. A person who has received a license, upon	69486
sale or disposition of a solid waste facility, and upon consent of	69487
the board of health and the director, may have the license	69488
transferred to another person. The board of health or the director	69489
may include such terms and conditions in a license or revision to	69490
a license as are appropriate to ensure compliance with this	69491
chapter and rules adopted under it. The terms and conditions may	69492
establish the authorized maximum daily waste receipts for the	69493
facility. Limitations on maximum daily waste receipts shall be	69494
specified in cubic yards of volume for the purpose of regulating	69495
the design, construction, and operation of solid waste facilities.	69496
Terms and conditions included in a license or revision to a	69497
license by a board of health shall be consistent with, and pertain	69498
only to the subjects addressed in, the rules adopted under	69499
division (A) of section 3734.02 and division (D) of section	69500
3734.12 of the Revised Code.	69501

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	69502
(9) of this section, each person proposing to open a new solid	69503
waste facility or to modify an existing solid waste facility shall	69504
submit an application for a permit with accompanying detail plans	69505
and specifications to the environmental protection agency for	69506
required approval under the rules adopted by the director pursuant	69507
to division (A) of section 3734.02 of the Revised Code and	69508
applicable rules adopted under division (D) of section 3734.12 of	69509
the Revised Code at least two hundred seventy days before proposed	69510
operation of the facility and shall concurrently make application	69511
for the issuance of a license under division (A)(1) of this	69512
section with the board of health of the health district in which	69513
the proposed facility is to be located.	69514

(b) On and after the effective date of the rules adopted	69515
under division (A) of section 3734.02 of the Revised Code and	69516
division (D) of section 3734.12 of the Revised Code governing	69517
solid waste transfer facilities, each person proposing to open a	69518
new solid waste transfer facility or to modify an existing solid	69519
waste transfer facility shall submit an application for a permit	69520
with accompanying engineering detail plans, specifications, and	69521
information regarding the facility and its method of operation to	69522
the environmental protection agency for required approval under	69523
those rules at least two hundred seventy days before commencing	69524
proposed operation of the facility and concurrently shall make	69525
application for the issuance of a license under division (A)(1) of	69526
this section with the board of health of the health district in	69527
which the facility is located or proposed.	69528

(c) Each application for a permit under division (A)(2)(a) or	69529
(b) of this section shall be accompanied by a nonrefundable	69530
application fee of four hundred dollars that shall be credited to	69531
the general revenue fund. Each application for an annual license	69532
under division (A)(1) or (2) of this section shall be accompanied	69533
by a nonrefundable application fee of one hundred dollars. If the	69534
application for an annual license is submitted to a board of	69535
health on the approved list under section 3734.08 of the Revised	69536
Code, the application fee shall be credited to the special fund of	69537
the health district created in division (B) of section 3734.06 of	69538
the Revised Code. If the application for an annual license is	69539
submitted to the director, the application fee shall be credited	69540
to the general revenue fund. If a permit or license is issued, the	69541
amount of the application fee paid shall be deducted from the	69542
amount of the permit fee due under division (Q) of section 3745.11	69543
of the Revised Code or the amount of the license fee due under	69544
division (A)(1), (2), (3), or (4) of section 3734.06 of the	69545
Revised Code.	69546

(d) As used in divisions (A)(2)(d), (e), and (f) of this	69547
section, "modify" means any of the following:	69548

(i) Any increase of more than ten per cent in the total	69549
capacity of a solid waste facility;	69550

(ii) Any expansion of the limits of solid waste placement at	69551
a solid waste facility;	69552

(iii) Any increase in the depth of excavation at a solid	69553
waste facility;	69554

(iv) Any change in the technique of waste receipt or type of	69555
waste received at a solid waste facility that may endanger human	69556
health, as determined by the director by rules adopted in	69557
accordance with Chapter 119. of the Revised Code.	69558

Not later than thirty-five days after submitting an	69559
application under division (A)(2)(a) or (b) of this section for a	69560
permit to open a new or modify an existing solid waste facility,	69561
the applicant, in conjunction with an officer or employee of the	69562
environmental protection agency, shall hold a public meeting on	69563
the application within the county in which the new or modified	69564
solid waste facility is or is proposed to be located or within a	69565
contiguous county. Not less than thirty days before holding the	69566
public meeting on the application, the applicant shall publish	69567
notice of the meeting in each newspaper of general circulation	69568
that is published in the county in which the facility is or is	69569
proposed to be located. If no newspaper of general circulation is	69570
published in the county, the applicant shall publish the notice in	69571
a newspaper of general circulation in the county. The notice shall	69572
contain the date, time, and location of the public meeting and a	69573
general description of the proposed new or modified facility. Not	69574
later than five days after publishing the notice, the applicant	69575
shall send by certified mail a copy of the notice and the date the	69576
notice was published to the director and the legislative authority	69577
of each municipal corporation, township, and county, and to the	69578
chief executive officer of each municipal corporation, in which	69579
the facility is or is proposed to be located. At the public	69580
meeting, the applicant shall provide information and describe the	69581
application and respond to comments or questions concerning the	69582
application, and the officer or employee of the agency shall	69583
describe the permit application process. At the public meeting,	69584
any person may submit written or oral comments on or objections to	69585
the application. Not more than thirty days after the public	69586
meeting, the applicant shall provide the director with a copy of a	69587
transcript of the full meeting, copies of any exhibits, displays,	69588
or other materials presented by the applicant at the meeting, and	69589
the original copy of any written comments submitted at the	69590
meeting.	69591

(e) Except as provided in division (A)(2)(f) of this section,	69592
prior to taking an action, other than a proposed or final denial,	69593
upon an application submitted under division (A)(2)(a) of this	69594
section for a permit to open a new or modify an existing solid	69595
waste facility, the director shall hold a public information	69596
session and a public hearing on the application within the county	69597
in which the new or modified solid waste facility is or is	69598
proposed to be located or within a contiguous county. If the	69599
application is for a permit to open a new solid waste facility,	69600
the director shall hold the hearing not less than fourteen days	69601
after the information session. If the application is for a permit	69602
to modify an existing solid waste facility, the director may hold	69603
both the information session and the hearing on the same day	69604
unless any individual affected by the application requests in	69605
writing that the information session and the hearing not be held	69606
on the same day, in which case the director shall hold the hearing	69607
not less than fourteen days after the information session. The	69608
director shall publish notice of the public information session or	69609
public hearing not less than thirty days before holding the	69610
information session or hearing, as applicable. The notice shall be	69611
published in each newspaper of general circulation that is	69612
published in the county in which the facility is or is proposed to	69613
be located. If no newspaper of general circulation is published in	69614
the county, the director shall publish the notice in a newspaper	69615
of general circulation in the county. The notice shall contain the	69616
date, time, and location of the information session or hearing, as	69617
applicable, and a general description of the proposed new or	69618
modified facility. At the public information session, an officer	69619
or employee of the environmental protection agency shall describe	69620
the status of the permit application and be available to respond	69621
to comments or questions concerning the application. At the public	69622
hearing, any person may submit written or oral comments on or	69623
objections to the approval of the application. The applicant, or a	69624
representative of the applicant who has knowledge of the location,	69625
construction, and operation of the facility, shall attend the	69626
information session and public hearing to respond to comments or	69627
questions concerning the facility directed to the applicant or	69628
representative by the officer or employee of the environmental	69629
protection agency presiding at the information session and	69630
hearing.	69631

(f) The solid waste management policy committee of a county	69632
or joint solid waste management district may adopt a resolution	69633
requesting expeditious consideration of a specific application	69634
submitted under division (A)(2)(a) of this section for a permit to	69635
modify an existing solid waste facility within the district. The	69636
resolution shall make the finding that expedited consideration of	69637
the application without the public information session and public	69638
hearing under division (A)(2)(e) of this section is in the public	69639
interest and will not endanger human health, as determined by the	69640
director by rules adopted in accordance with Chapter 119. of the	69641
Revised Code. Upon receiving such a resolution, the director, at	69642
the director's discretion, may issue a final action upon the	69643
application without holding a public information session or public	69644
hearing pursuant to division (A)(2)(e) of this section.	69645

(3) Except as provided in division (A)(10) of this section,	69646
and unless the owner or operator of any solid waste facility,	69647
other than a solid waste transfer facility or a compost facility	69648
that accepts exclusively source separated yard wastes, that	69649
commenced operation on or before July 1, 1968, has obtained an	69650
exemption from the requirements of division (A)(3) of this section	69651
in accordance with division (G) of section 3734.02 of the Revised	69652
Code, the owner or operator shall submit to the director an	69653
application for a permit with accompanying engineering detail	69654
plans, specifications, and information regarding the facility and	69655
its method of operation for approval under rules adopted under	69656
division (A) of section 3734.02 of the Revised Code and applicable	69657
rules adopted under division (D) of section 3734.12 of the Revised	69658
Code in accordance with the following schedule:	69659

(a) Not later than September 24, 1988, if the facility is	69660
located in the city of Garfield Heights or Parma in Cuyahoga	69661
county;	69662

(b) Not later than December 24, 1988, if the facility is	69663
located in Delaware, Greene, Guernsey, Hamilton, Madison,	69664
Mahoning, Ottawa, or Vinton county;	69665

(c) Not later than March 24, 1989, if the facility is located	69666
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	69667
Washington county, or is located in the city of Brooklyn or	69668
Cuyahoga Heights in Cuyahoga county;	69669

(d) Not later than June 24, 1989, if the facility is located	69670
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	69671
Summit county or is located in Cuyahoga county outside the cities	69672
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	69673

(e) Not later than September 24, 1989, if the facility is	69674
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	69675
county;	69676

(f) Not later than December 24, 1989, if the facility is	69677
located in a county not listed in divisions (A)(3)(a) to (e) of	69678
this section;	69679

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	69680
section, not later than December 31, 1990, if the facility is a	69681
solid waste facility owned by a generator of solid wastes when the	69682
solid waste facility exclusively disposes of solid wastes	69683
generated at one or more premises owned by the generator	69684
regardless of whether the facility is located on a premises where	69685
the wastes are generated and if the facility disposes of more than	69686
one hundred thousand tons of solid wastes per year, provided that	69687
any such facility shall be subject to division (A)(5) of this	69688
section.	69689

(4) Except as provided in divisions (A)(8), (9), and (10) of	69690
this section, unless the owner or operator of any solid waste	69691
facility for which a permit was issued after July 1, 1968, but	69692
before January 1, 1980, has obtained an exemption from the	69693
requirements of division (A)(4) of this section under division (G)	69694
of section 3734.02 of the Revised Code, the owner or operator	69695
shall submit to the director an application for a permit with	69696
accompanying engineering detail plans, specifications, and	69697
information regarding the facility and its method of operation for	69698
approval under those rules.	69699

(5) The director may issue an order in accordance with	69700
Chapter 3745. of the Revised Code to the owner or operator of a	69701
solid waste facility requiring the person to submit to the	69702
director updated engineering detail plans, specifications, and	69703
information regarding the facility and its method of operation for	69704
approval under rules adopted under division (A) of section 3734.02	69705
of the Revised Code and applicable rules adopted under division	69706
(D) of section 3734.12 of the Revised Code if, in the director's	69707
judgment, conditions at the facility constitute a substantial	69708
threat to public health or safety or are causing or contributing	69709
to or threatening to cause or contribute to air or water pollution	69710
or soil contamination. Any person who receives such an order shall	69711
submit the updated engineering detail plans, specifications, and	69712
information to the director within one hundred eighty days after	69713
the effective date of the order.	69714

(6) The director shall act upon an application submitted	69715
under division (A)(3) or (4) of this section and any updated	69716
engineering plans, specifications, and information submitted under	69717
division (A)(5) of this section within one hundred eighty days	69718
after receiving them. If the director denies any such permit	69719
application, the order denying the application or disapproving the	69720
plans shall include the requirements that the owner or operator	69721
submit a plan for closure and post-closure care of the facility to	69722
the director for approval within six months after issuance of the	69723
order, cease accepting solid wastes for disposal or transfer at	69724
the facility, and commence closure of the facility not later than	69725
one year after issuance of the order. If the director determines	69726
that closure of the facility within that one-year period would	69727
result in the unavailability of sufficient solid waste management	69728
facility capacity within the county or joint solid waste	69729
management district in which the facility is located to dispose of	69730
or transfer the solid waste generated within the district, the	69731
director in the order of denial or disapproval may postpone	69732
commencement of closure of the facility for such period of time as	69733
the director finds necessary for the board of county commissioners	69734
or directors of the district to secure access to or for there to	69735
be constructed within the district sufficient solid waste	69736
management facility capacity to meet the needs of the district,	69737
provided that the director shall certify in the director's order	69738
that postponing the date for commencement of closure will not	69739
endanger ground water or any property surrounding the facility,	69740
allow methane gas migration to occur, or cause or contribute to	69741
any other type of environmental damage.	69742

If an emergency need for disposal capacity that may affect	69743
public health and safety exists as a result of closure of a	69744
facility under division (A)(6) of this section, the director may	69745
issue an order designating another solid waste facility to accept	69746
the wastes that would have been disposed of at the facility to be	69747
closed.	69748

(7) If the director determines that standards more stringent	69749
than those applicable in rules adopted under division (A) of	69750
section 3734.02 of the Revised Code and division (D) of section	69751
3734.12 of the Revised Code, or standards pertaining to subjects	69752
not specifically addressed by those rules, are necessary to ensure	69753
that a solid waste facility constructed at the proposed location	69754
will not cause a nuisance, cause or contribute to water pollution,	69755
or endanger public health or safety, the director may issue a	69756
permit for the facility with such terms and conditions as the	69757
director finds necessary to protect public health and safety and	69758
the environment. If a permit is issued, the director shall state	69759
in the order issuing it the specific findings supporting each such	69760
term or condition.	69761

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	69762
not apply to a solid waste compost facility that accepts	69763
exclusively source separated yard wastes and that is registered	69764
under division (C) of section 3734.02 of the Revised Code or,	69765
unless otherwise provided in rules adopted under division (N)(3)	69766
of section 3734.02 of the Revised Code, to a solid waste compost	69767
facility if the director has adopted rules establishing an	69768
alternative system for authorizing the establishment, operation,	69769
or modification of a solid waste compost facility under that	69770
division.	69771

(9) Divisions (A)(1) to (7) of this section do not apply to	69772
scrap tire collection, storage, monocell, monofill, and recovery	69773
facilities. The approval of plans and specifications, as	69774
applicable, and the issuance of registration certificates,	69775
permits, and licenses for those facilities are subject to sections	69776
3734.75 to 3734.78 of the Revised Code, as applicable, and section	69777
3734.81 of the Revised Code.	69778

(10) Divisions (A)(3) and (4) of this section do not apply to	69779
a solid waste incinerator that was placed into operation on or	69780
before October 12, 1994, and that is not authorized to accept and	69781
treat infectious wastes pursuant to division (B) of this section.	69782

(B)(1) Each person who is engaged in the business of treating	69783
infectious wastes for profit at a treatment facility located off	69784
the premises where the wastes are generated that is in operation	69785
on August 10, 1988, and who proposes to continue operating the	69786
facility shall submit to the board of health of the health	69787
district in which the facility is located an application for a	69788
license to operate the facility.	69789

Thereafter, no person shall operate or maintain an infectious	69790
waste treatment facility without a license issued by the board of	69791
health of the health district in which the facility is located or	69792
by the director when the health district in which the facility is	69793
located is not on the approved list under section 3734.08 of the	69794
Revised Code.	69795

(2)(a) During the month of December, but before the first day	69796
of January of the next year, every person proposing to continue to	69797
operate an existing infectious waste treatment facility shall	69798
procure a license to operate the facility for that year from the	69799
board of health of the health district in which the facility is	69800
located or, if the health district is not on the approved list	69801
under section 3734.08 of the Revised Code, from the director. The	69802
application for such a license shall be submitted to the board of	69803
health or to the director, as appropriate, on or before the last	69804
day of September of the year preceding that for which the license	69805
is sought. In addition to the application fee prescribed in	69806
division (B)(2)(c) of this section, a person who submits an	69807
application after that date shall pay an additional ten per cent	69808
of the amount of the application fee for each week that the	69809
application is late. Late payment fees accompanying an application	69810
submitted to the board of health shall be credited to the special	69811
infectious waste fund of the health district created in division	69812
(C) of section 3734.06 of the Revised Code, and late payment fees	69813
accompanying an application submitted to the director shall be	69814
credited to the general revenue fund. A person who has received a	69815
license, upon sale or disposition of an infectious waste treatment	69816
facility and upon consent of the board of health and the director,	69817
may have the license transferred to another person. The board of	69818
health or the director may include such terms and conditions in a	69819
license or revision to a license as are appropriate to ensure	69820
compliance with the infectious waste provisions of this chapter	69821
and rules adopted under them.	69822

(b) Each person proposing to open a new infectious waste	69823
treatment facility or to modify an existing infectious waste	69824
treatment facility shall submit an application for a permit with	69825
accompanying detail plans and specifications to the environmental	69826
protection agency for required approval under the rules adopted by	69827
the director pursuant to section 3734.021 of the Revised Code two	69828
hundred seventy days before proposed operation of the facility and	69829
concurrently shall make application for a license with the board	69830
of health of the health district in which the facility is or is	69831
proposed to be located. Not later than ninety days after receiving	69832
a completed application under division (B)(2)(b) of this section	69833
for a permit to open a new infectious waste treatment facility or	69834
modify an existing infectious waste treatment facility to expand	69835
its treatment capacity, or receiving a completed application under	69836
division (A)(2)(a) of this section for a permit to open a new	69837
solid waste incineration facility, or modify an existing solid	69838
waste incineration facility to also treat infectious wastes or to	69839
increase its infectious waste treatment capacity, that pertains to	69840
a facility for which a notation authorizing infectious waste	69841
treatment is included or proposed to be included in the solid	69842
waste incineration facility's license pursuant to division (B)(3)	69843
of this section, the director shall hold a public hearing on the	69844
application within the county in which the new or modified	69845
infectious waste or solid waste facility is or is proposed to be	69846
located or within a contiguous county. Not less than thirty days	69847
before holding the public hearing on the application, the director	69848
shall publish notice of the hearing in each newspaper that has	69849
general circulation and that is published in the county in which	69850
the facility is or is proposed to be located. If there is no	69851
newspaper that has general circulation and that is published in	69852
the county, the director shall publish the notice in a newspaper	69853
of general circulation in the county. The notice shall contain the	69854
date, time, and location of the public hearing and a general	69855
description of the proposed new or modified facility. At the	69856
public hearing, any person may submit written or oral comments on	69857
or objections to the approval or disapproval of the application.	69858
The applicant, or a representative of the applicant who has	69859
knowledge of the location, construction, and operation of the	69860
facility, shall attend the public hearing to respond to comments	69861
or questions concerning the facility directed to the applicant or	69862
representative by the officer or employee of the environmental	69863
protection agency presiding at the hearing.	69864

(c) Each application for a permit under division (B)(2)(b) of	69865
this section shall be accompanied by a nonrefundable application	69866
fee of four hundred dollars that shall be credited to the general	69867
revenue fund. Each application for an annual license under	69868
division (B)(2)(a) of this section shall be accompanied by a	69869
nonrefundable application fee of one hundred dollars. If the	69870
application for an annual license is submitted to a board of	69871
health on the approved list under section 3734.08 of the Revised	69872
Code, the application fee shall be credited to the special	69873
infectious waste fund of the health district created in division	69874
(C) of section 3734.06 of the Revised Code. If the application for	69875
an annual license is submitted to the director, the application	69876
fee shall be credited to the general revenue fund. If a permit or	69877
license is issued, the amount of the application fee paid shall be	69878
deducted from the amount of the permit fee due under division (Q)	69879
of section 3745.11 of the Revised Code or the amount of the	69880
license fee due under division (C) of section 3734.06 of the	69881
Revised Code.	69882

(d) The owner or operator of any infectious waste treatment	69883
facility that commenced operation on or before July 1, 1968, shall	69884
submit to the director an application for a permit with	69885
accompanying engineering detail plans, specifications, and	69886
information regarding the facility and its method of operation for	69887
approval under rules adopted under section 3734.021 of the Revised	69888
Code in accordance with the following schedule:	69889

(i) Not later than December 24, 1988, if the facility is	69890
located in Delaware, Greene, Guernsey, Hamilton, Madison,	69891
Mahoning, Ottawa, or Vinton county;	69892

(ii) Not later than March 24, 1989, if the facility is	69893
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	69894
or Washington county, or is located in the city of Brooklyn,	69895
Cuyahoga Heights, or Parma in Cuyahoga county;	69896

(iii) Not later than June 24, 1989, if the facility is	69897
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	69898
Lucas, or Summit county or is located in Cuyahoga county outside	69899
the cities of Brooklyn, Cuyahoga Heights, and Parma;	69900

(iv) Not later than September 24, 1989, if the facility is	69901
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	69902
county;	69903

(v) Not later than December 24, 1989, if the facility is	69904
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	69905
of this section.	69906

The owner or operator of an infectious waste treatment	69907
facility required to submit a permit application under division	69908
(B)(2)(d) of this section is not required to pay any permit	69909
application fee under division (B)(2)(c) of this section, or	69910
permit fee under division (Q) of section 3745.11 of the Revised	69911
Code, with respect thereto unless the owner or operator also	69912
proposes to modify the facility.	69913

(e) The director may issue an order in accordance with	69914
Chapter 3745. of the Revised Code to the owner or operator of an	69915
infectious waste treatment facility requiring the person to submit	69916
to the director updated engineering detail plans, specifications,	69917
and information regarding the facility and its method of operation	69918
for approval under rules adopted under section 3734.021 of the	69919
Revised Code if, in the director's judgment, conditions at the	69920
facility constitute a substantial threat to public health or	69921
safety or are causing or contributing to or threatening to cause	69922
or contribute to air or water pollution or soil contamination. Any	69923
person who receives such an order shall submit the updated	69924
engineering detail plans, specifications, and information to the	69925
director within one hundred eighty days after the effective date	69926
of the order.	69927

(f) The director shall act upon an application submitted	69928
under division (B)(2)(d) of this section and any updated	69929
engineering plans, specifications, and information submitted under	69930
division (B)(2)(e) of this section within one hundred eighty days	69931
after receiving them. If the director denies any such permit	69932
application or disapproves any such updated engineering plans,	69933
specifications, and information, the director shall include in the	69934
order denying the application or disapproving the plans the	69935
requirement that the owner or operator cease accepting infectious	69936
wastes for treatment at the facility.	69937

(3) Division (B) of this section does not apply to an	69938
infectious waste treatment facility that meets any of the	69939
following conditions:	69940

(a) Is owned or operated by the generator of the wastes and	69941
exclusively treats, by methods, techniques, and practices	69942
established by rules adopted under division (C)(1) or (3) of	69943
section 3734.021 of the Revised Code, wastes that are generated at	69944
any premises owned or operated by that generator regardless of	69945
whether the wastes are generated on the same premises where the	69946
generator's treatment facility is located or, if the generator is	69947
a hospital as defined in section 3727.01 of the Revised Code,	69948
infectious wastes that are described in division (A)(1)(g), (h),	69949
or (i) of section 3734.021 of the Revised Code;	69950

(b) Holds a license or renewal of a license to operate a	69951
crematory facility issued under Chapter 4717. and a permit issued	69952
under Chapter 3704. of the Revised Code;	69953

(c) Treats or disposes of dead animals or parts thereof, or	69954
the blood of animals, and is subject to any of the following:	69955

(i) Inspection under the "Federal Meat Inspection Act," 81	69956
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	69957

(ii) Chapter 918. of the Revised Code;

69958

(iii) Chapter 953. of the Revised Code.

69959

Nothing in division (B) of this section requires a facility	69960
that holds a license issued under division (A) of this section as	69961
a solid waste facility and that also treats infectious wastes by	69962
the same method, technique, or process to obtain a license under	69963
division (B) of this section as an infectious waste treatment	69964
facility. However, the solid waste facility license for the	69965
facility shall include the notation that the facility also treats	69966
infectious wastes.	69967

On and after the effective date of the amendments to the	69968
rules adopted under division (C)(2) of section 3734.021 of the	69969
Revised Code that are required by Section 6 of Substitute House	69970
Bill No. 98 of the 120th General Assembly, the director shall not	69971
issue a permit to open a new solid waste incineration facility	69972
unless the proposed facility complies with the requirements for	69973
the location of new infectious waste incineration facilities	69974
established in the required amendments to those rules.	69975

(C) Except for a facility or activity described in division	69976
(E)(3) of section 3734.02 of the Revised Code, a person who	69977
proposes to establish or operate a hazardous waste facility shall	69978
submit a complete application for a hazardous waste facility	69979
installation and operation permit and accompanying detail plans,	69980
specifications, and such information as the director may require	69981
to the environmental protection agency at least one hundred eighty	69982
days before the proposed beginning of operation of the facility.	69983
The applicant shall notify by certified mail the legislative	69984
authority of each municipal corporation, township, and county in	69985
which the facility is proposed to be located of the submission of	69986
the application within ten days after the submission or at such	69987
earlier time as the director may establish by rule. If the	69988
application is for a proposed new hazardous waste disposal or	69989
thermal treatment facility, the applicant also shall give actual	69990
notice of the general design and purpose of the facility to the	69991
legislative authority of each municipal corporation, township, and	69992
county in which the facility is proposed to be located at least	69993
ninety days before the permit application is submitted to the	69994
environmental protection agency.	69995

In accordance with rules adopted under section 3734.12 of the	69996
Revised Code, prior to the submission of a complete application	69997
for a hazardous waste facility installation and operation permit,	69998
the applicant shall hold at least one meeting in the township or	69999
municipal corporation in which the facility is proposed to be	70000
located, whichever is geographically closer to the proposed	70001
location of the facility. The meeting shall be open to the public	70002
and shall be held to inform the community of the proposed	70003
hazardous waste management activities and to solicit questions	70004
from the community concerning the activities.	70005

(D)(1) Except as provided in section 3734.123 of the Revised	70006
Code, upon receipt of a complete application for a hazardous waste	70007
facility installation and operation permit under division (C) of	70008
this section, the director shall consider the application and	70009
accompanying information to determine whether the application	70010
complies with agency rules and the requirements of division (D)(2)	70011
of this section. After making a determination, the director shall	70012
issue either a draft permit or a notice of intent to deny the	70013
permit. The director, in accordance with rules adopted under	70014
section 3734.12 of the Revised Code or with rules adopted to	70015
implement Chapter 3745. of the Revised Code, shall provide public	70016
notice of the application and the draft permit or the notice of	70017
intent to deny the permit, provide an opportunity for public	70018
comments, and, if significant interest is shown, schedule a public	70019
meeting in the county in which the facility is proposed to be	70020
located and give public notice of the date, time, and location of	70021
the public meeting in a newspaper of general circulation in that	70022
county.	70023

(2) The director shall not approve an application for a	70024
hazardous waste facility installation and operation permit or an	70025
application for a modification under division (I)(3) of this	70026
section unless the director finds and determines as follows:	70027

(a) The nature and volume of the waste to be treated, stored,	70028
or disposed of at the facility;	70029

(b) That the facility complies with the director's hazardous	70030
waste standards adopted pursuant to section 3734.12 of the Revised	70031
Code;	70032

(c) That the facility represents the minimum adverse	70033
environmental impact, considering the state of available	70034
technology and the nature and economics of various alternatives,	70035
and other pertinent considerations;	70036

(d) That the facility represents the minimum risk of all of	70037
the following:	70038

(i) Fires or explosions from treatment, storage, or disposal	70039
methods;	70040

(ii) Release of hazardous waste during transportation of	70041
hazardous waste to or from the facility;	70042

(iii) Adverse impact on the public health and safety.

70043

(e) That the facility will comply with this chapter and	70044
Chapters 3704. and 6111. of the Revised Code and all rules and	70045
standards adopted under them;	70046

(f) That if the owner of the facility, the operator of the	70047
facility, or any other person in a position with the facility from	70048
which the person may influence the installation and operation of	70049
the facility has been involved in any prior activity involving	70050
transportation, treatment, storage, or disposal of hazardous	70051
waste, that person has a history of compliance with this chapter	70052
and Chapters 3704. and 6111. of the Revised Code and all rules and	70053
standards adopted under them, the "Resource Conservation and	70054
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	70055
amended, and all regulations adopted under it, and similar laws	70056
and rules of other states if any such prior operation was located	70057
in another state that demonstrates sufficient reliability,	70058
expertise, and competency to operate a hazardous waste facility	70059
under the applicable provisions of this chapter and Chapters 3704.	70060
and 6111. of the Revised Code, the applicable rules and standards	70061
adopted under them, and terms and conditions of a hazardous waste	70062
facility installation and operation permit, given the potential	70063
for harm to the public health and safety and the environment that	70064
could result from the irresponsible operation of the facility. For	70065
off-site facilities, as defined in section 3734.41 of the Revised	70066
Code, the director may use the investigative reports of the	70067
attorney general prepared pursuant to section 3734.42 of the	70068
Revised Code as a basis for making a finding and determination	70069
under division (D)(2)(f) of this section.	70070

(g) That the active areas within a new hazardous waste	70071
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	70072
(e), as amended, or organic waste that is toxic and is listed	70073
under 40 C.F.R. 261, as amended, is being stored, treated, or	70074
disposed of and where the aggregate of the storage design capacity	70075
and the disposal design capacity of all hazardous waste in those	70076
areas is greater than two hundred fifty thousand gallons, are not	70077
located or operated within any of the following:	70078

(i) Two thousand feet of any residence, school, hospital,	70079
jail, or prison;	70080

(ii) Any naturally occurring wetland;

70081

(iii) Any flood hazard area if the applicant cannot show that	70082
the facility will be designed, constructed, operated, and	70083
maintained to prevent washout by a one-hundred-year flood.	70084

Division (D)(2)(g) of this section does not apply to the	70085
facility of any applicant who demonstrates to the director that	70086
the limitations specified in that division are not necessary	70087
because of the nature or volume of the waste and the manner of	70088
management applied, the facility will impose no substantial danger	70089
to the health and safety of persons occupying the structures	70090
listed in division (D)(2)(g)(i) of this section, and the facility	70091
is to be located or operated in an area where the proposed	70092
hazardous waste activities will not be incompatible with existing	70093
land uses in the area.	70094

(h) That the facility will not be located within the	70095
boundaries of a state park established or dedicated under Chapter	70096
1541. of the Revised Code, a state park purchase area established	70097
under section 1541.02 of the Revised Code, any unit of the	70098
national park system, or any property that lies within the	70099
boundaries of a national park or recreation area, but that has not	70100
been acquired or is not administered by the secretary of the	70101
United States department of the interior, located in this state,	70102
or any candidate area located in this state identified for	70103
potential inclusion in the national park system in the edition of	70104
the "national park system plan" submitted under paragraph (b) of	70105
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	70106
U.S.C.A. 1a-5, as amended, current at the time of filing of the	70107
application for the permit, unless the facility will be used	70108
exclusively for the storage of hazardous waste generated within	70109
the park or recreation area in conjunction with the operation of	70110
the park or recreation area. Division (D)(2)(h) of this section	70111
does not apply to the facility of any applicant for modification	70112
of a permit unless the modification application proposes to	70113
increase the land area included in the facility or to increase the	70114
quantity of hazardous waste that will be treated, stored, or	70115
disposed of at the facility.	70116

(3) Not later than one hundred eighty days after the end of	70117
the public comment period, the director, without prior hearing,	70118
shall issue or deny the permit in accordance with Chapter 3745. of	70119
the Revised Code. If the director approves an application for a	70120
hazardous waste facility installation and operation permit, the	70121
director shall issue the permit, upon such terms and conditions as	70122
the director finds are necessary to ensure the construction and	70123
operation of the hazardous waste facility in accordance with the	70124
standards of this section.	70125

(E); No political subdivision of this state shall require any	70126
additional zoning or other approval, consent, permit, certificate,	70127
or condition for the construction or operation of a hazardous	70128
waste facility authorized by a hazardous waste facility	70129
installation and operation permit issued pursuant to this chapter,	70130
nor shall any political subdivision adopt or enforce any law,	70131
ordinance, or rule that in any way alters, impairs, or limits the	70132
authority granted in the permit.	70133

(F) The director may issue a single hazardous waste facility	70134
installation and operation permit to a person who operates two or	70135
more adjoining facilities where hazardous waste is stored,	70136
treated, or disposed of if the application includes detail plans,	70137
specifications, and information on all facilities. For the	70138
purposes of this section, "adjoining" means sharing a common	70139
boundary, separated only by a public road, or in such proximity	70140
that the director determines that the issuance of a single permit	70141
will not create a hazard to the public health or safety or the	70142
environment.	70143

(G) No person shall falsify or fail to keep or submit any	70144
plans, specifications, data, reports, records, manifests, or other	70145
information required to be kept or submitted to the director by	70146
this chapter or the rules adopted under it.	70147

(H)(1) Each person who holds an installation and operation	70148
permit issued under this section and who wishes to obtain a permit	70149
renewal shall submit a completed application for an installation	70150
and operation permit renewal and any necessary accompanying	70151
general plans, detail plans, specifications, and such information	70152
as the director may require to the director no later than one	70153
hundred eighty days prior to the expiration date of the existing	70154
permit or upon a later date prior to the expiration of the	70155
existing permit if the permittee can demonstrate good cause for	70156
the late submittal. The director shall consider the application	70157
and accompanying information, inspection reports of the facility,	70158
results of performance tests, a report regarding the facility's	70159
compliance or noncompliance with the terms and conditions of its	70160
permit and rules adopted by the director under this chapter, and	70161
such other information as is relevant to the operation of the	70162
facility and shall issue a draft renewal permit or a notice of	70163
intent to deny the renewal permit. The director, in accordance	70164
with rules adopted under this section or with rules adopted to	70165
implement Chapter 3745. of the Revised Code, shall give public	70166
notice of the application and draft renewal permit or notice of	70167
intent to deny the renewal permit, provide for the opportunity for	70168
public comments within a specified time period, schedule a public	70169
meeting in the county in which the facility is located if	70170
significant interest is shown, and give public notice of the	70171
public meeting.	70172

(2) Within sixty days after the public meeting or close of	70173
the public comment period, the director, without prior hearing,	70174
shall issue or deny the renewal permit in accordance with Chapter	70175
3745. of the Revised Code. The director shall not issue a renewal	70176
permit unless the director determines that the facility under the	70177
existing permit has a history of compliance with this chapter,	70178
rules adopted under it, the existing permit, or orders entered to	70179
enforce such requirements that demonstrates sufficient	70180
reliability, expertise, and competency to operate the facility	70181
henceforth under this chapter, rules adopted under it, and the	70182
renewal permit. If the director approves an application for a	70183
renewal permit, the director shall issue the permit subject to the	70184
payment of the annual permit fee required under division (E) of	70185
section 3734.02 of the Revised Code and upon such terms and	70186
conditions as the director finds are reasonable to ensure that	70187
continued operation, maintenance, closure, and post-closure care	70188
of the hazardous waste facility are in accordance with the rules	70189
adopted under section 3734.12 of the Revised Code.	70190

(3) An installation and operation permit renewal application	70191
submitted to the director that also contains or would constitute	70192
an application for a modification shall be acted upon by the	70193
director in accordance with division (I) of this section in the	70194
same manner as an application for a modification. In approving or	70195
disapproving the renewal portion of a permit renewal application	70196
containing an application for a modification, the director shall	70197
apply the criteria established under division (H)(2) of this	70198
section.	70199

(4) An application for renewal or modification of a permit	70200
that does not contain an application for a modification as	70201
described in divisions (I)(3)(a) to (d) of this section shall not	70202
be subject to division (D)(2) of this section.	70203

(I)(1) As used in this section, "modification" means a change	70204
or alteration to a hazardous waste facility or its operations that	70205
is inconsistent with or not authorized by its existing permit or	70206
authorization to operate. Modifications shall be classified as	70207
Class 1, 2, or 3 modifications in accordance with rules adopted	70208
under division (K) of this section. Modifications classified as	70209
Class 3 modifications, in accordance with rules adopted under that	70210
division, shall be further classified by the director as either	70211
Class 3 modifications that are to be approved or disapproved by	70212
the director under divisions (I)(3)(a) to (d) of this section or	70213
as Class 3 modifications that are to be approved or disapproved by	70214
the director under division (I)(5) of this section. Not later than	70215
thirty days after receiving a request for a modification under	70216
division (I)(4) of this section that is not listed in Appendix I	70217
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	70218
section, the director shall classify the modification and shall	70219
notify the owner or operator of the facility requesting the	70220
modification of the classification. Notwithstanding any other law	70221
to the contrary, any modification that involves the transfer of a	70222
hazardous waste facility installation and operation permit to a	70223
new owner or operator for an off-site facility as defined in	70224
section 3734.41 of the Revised Code shall be classified as a Class	70225
3 modification. The transfer of a hazardous waste facility	70226
installation and operation permit to a new owner or operator for a	70227
facility that is not an off-site facility shall be classified as a	70228
Class 1 modification requiring prior approval of the director.	70229

(2) Except as provided in section 3734.123 of the Revised	70230
Code, a hazardous waste facility installation and operation permit	70231
may be modified at the request of the director or upon the written	70232
request of the permittee only if any of the following applies:	70233

(a) The permittee desires to accomplish alterations,	70234
additions, or deletions to the permitted facility or to undertake	70235
alterations, additions, deletions, or activities that are	70236
inconsistent with or not authorized by the existing permit;	70237

(b) New information or data justify permit conditions in	70238
addition to or different from those in the existing permit;	70239

(c) The standards, criteria, or rules upon which the existing	70240
permit is based have been changed by new, amended, or rescinded	70241
standards, criteria, or rules, or by judicial decision after the	70242
existing permit was issued, and the change justifies permit	70243
conditions in addition to or different from those in the existing	70244
permit;	70245

(d) The permittee proposes to transfer the permit to another	70246
person.	70247

(3) The director shall approve or disapprove an application	70248
for a modification in accordance with division (D)(2) of this	70249
section and rules adopted under division (K) of this section for	70250
all of the following categories of Class 3 modifications:	70251

(a) Authority to conduct treatment, storage, or disposal at a	70252
site, location, or tract of land that has not been authorized for	70253
the proposed category of treatment, storage, or disposal activity	70254
by the facility's permit;	70255

(b) Modification or addition of a hazardous waste management	70256
unit, as defined in rules adopted under section 3734.12 of the	70257
Revised Code, that results in an increase in a facility's storage	70258
capacity of more than twenty-five per cent over the capacity	70259
authorized by the facility's permit, an increase in a facility's	70260
treatment rate of more than twenty-five per cent over the rate so	70261
authorized, or an increase in a facility's disposal capacity over	70262
the capacity so authorized. The authorized disposal capacity for a	70263
facility shall be calculated from the approved design plans for	70264
the disposal units at that facility. In no case during a five-year	70265
period shall a facility's storage capacity or treatment rate be	70266
modified to increase by more than twenty-five per cent in the	70267
aggregate without the director's approval in accordance with	70268
division (D)(2) of this section. Notwithstanding any provision of	70269
division (I) of this section to the contrary, a request for	70270
modification of a facility's annual total waste receipt limit	70271
shall be classified and approved or disapproved by the director	70272
under division (I)(5) of this section.	70273

(c) Authority to add any of the following categories of	70274
regulated activities not previously authorized at a facility by	70275
the facility's permit: storage at a facility not previously	70276
authorized to store hazardous waste, treatment at a facility not	70277
previously authorized to treat hazardous waste, or disposal at a	70278
facility not previously authorized to dispose of hazardous waste;	70279
or authority to add a category of hazardous waste management unit	70280
not previously authorized at the facility by the facility's	70281
permit. Notwithstanding any provision of division (I) of this	70282
section to the contrary, a request for authority to add or to	70283
modify an activity or a hazardous waste management unit for the	70284
purposes of performing a corrective action shall be classified and	70285
approved or disapproved by the director under division (I)(5) of	70286
this section.	70287

(d) Authority to treat, store, or dispose of waste types	70288
listed or characterized as reactive or explosive, in rules adopted	70289
under section 3734.12 of the Revised Code, or any acute hazardous	70290
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	70291
previously authorized to treat, store, or dispose of those types	70292
of wastes by the facility's permit unless the requested authority	70293
is limited to wastes that no longer exhibit characteristics	70294
meeting the criteria for listing or characterization as reactive	70295
or explosive wastes, or for listing as acute hazardous waste, but	70296
still are required to carry those waste codes as established in	70297
rules adopted under section 3734.12 of the Revised Code because of	70298
the requirements established in 40 C.F.R. 261(a) and (e), as	70299
amended, that is, the "mixture," "derived-from," or "contained-in"	70300
regulations.	70301

(4) A written request for a modification from the permittee	70302
shall be submitted to the director and shall contain such	70303
information as is necessary to support the request. Requests for	70304
modifications shall be acted upon by the director in accordance	70305
with this section and rules adopted under it.	70306

(5) Class 1 modification applications that require prior	70307
approval of the director, as provided in division (I)(1) of this	70308
section or as determined in accordance with rules adopted under	70309
division (K) of this section, Class 2 modification applications,	70310
and Class 3 modification applications that are not described in	70311
divisions (I)(3)(a) to (d) of this section shall be approved or	70312
disapproved by the director in accordance with rules adopted under	70313
division (K) of this section. The board of county commissioners of	70314
the county, the board of township trustees of the township, and	70315
the city manager or mayor of the municipal corporation in which a	70316
hazardous waste facility is located shall receive notification of	70317
any application for a modification for that facility and shall be	70318
considered as interested persons with respect to the director's	70319
consideration of the application.	70320

~~For those modification applications for a transfer of a~~	70321
~~permit to a new owner or operator of a facility, the director also~~	70322
~~shall determine that, if the transferee owner or operator has been~~	70323
~~involved in any prior activity involving the transportation,~~	70324
~~treatment, storage, or disposal of hazardous waste, the transferee~~	70325
~~owner or operator has a history of compliance with this chapter~~	70326
~~and Chapters 3704. and 6111. of the Revised Code and all rules and~~	70327
~~standards adopted under them, the "Resource Conservation and~~	70328
~~Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as~~	70329
~~amended, and all regulations adopted under it, and similar laws~~	70330
~~and rules of another state if the transferee owner or operator~~	70331
~~owns or operates a facility in that state, that demonstrates~~	70332
~~sufficient reliability, expertise, and competency to operate a~~	70333
~~hazardous waste facility under this chapter and Chapters 3704. and~~	70334
~~6111. of the Revised Code, all rules and standards adopted under~~	70335
~~them, and terms and conditions of a hazardous waste facility~~	70336
~~installation and operation permit, given the potential for harm to~~	70337
~~the public health and safety and the environment that could result~~	70338
~~from the irresponsible operation of the facility. A permit may be~~	70339
~~transferred to a new owner or operator only pursuant to a Class 3~~	70340
~~permit modification.~~	70341

~~As used in division (I)(5) of this section:~~

70342

~~(a) "Owner" means the person who owns a majority or~~	70343
~~controlling interest in a facility.~~	70344

~~(b) "Operator" means the person who is responsible for the~~	70345
~~overall operation of a facility.~~	70346

The director shall approve or disapprove an application for a	70347
Class 1 modification that requires the director's approval within	70348
sixty days after receiving the request for modification. The	70349
director shall approve or disapprove an application for a Class 2	70350
modification within three hundred days after receiving the request	70351
for modification. The director shall approve or disapprove an	70352
application for a Class 3 modification within three hundred	70353
sixty-five days after receiving the request for modification.	70354

(6) The approval or disapproval by the director of a Class 1	70355
modification application is not a final action that is appealable	70356
under Chapter 3745. of the Revised Code. The approval or	70357
disapproval by the director of a Class 2 modification or a Class 3	70358
modification is a final action that is appealable under that	70359
chapter. In approving or disapproving a request for a	70360
modification, the director shall consider all comments pertaining	70361
to the request that are received during the public comment period	70362
and the public meetings. The administrative record for appeal of a	70363
final action by the director in approving or disapproving a	70364
request for a modification shall include all comments received	70365
during the public comment period relating to the request for	70366
modification, written materials submitted at the public meetings	70367
relating to the request, and any other documents related to the	70368
director's action.	70369

(7) Notwithstanding any other provision of law to the	70370
contrary, a change or alteration to a hazardous waste facility	70371
described in division (E)(3)(a) or (b) of section 3734.02 of the	70372
Revised Code, or its operations, is a modification for the	70373
purposes of this section. An application for a modification at	70374
such a facility shall be submitted, classified, and approved or	70375
disapproved in accordance with divisions (I)(1) to (6) of this	70376
section in the same manner as a modification to a hazardous waste	70377
facility installation and operation permit.	70378

(J)(1) Except as provided in division (J)(2) of this section,	70379
an owner or operator of a hazardous waste facility that is	70380
operating in accordance with a permit by rule under rules adopted	70381
by the director under division (E)(3)(b) of section 3734.02 of the	70382
Revised Code shall submit either a hazardous waste facility	70383
installation and operation permit application for the facility or	70384
a modification application, whichever is required under division	70385
(J)(1)(a) or (b) of this section, within one hundred eighty days	70386
after the director has requested the application or upon a later	70387
date if the owner or operator demonstrates to the director good	70388
cause for the late submittal.	70389

(a) If the owner or operator does not have a hazardous waste	70390
facility installation and operation permit for any hazardous waste	70391
treatment, storage, or disposal activities at the facility, the	70392
owner or operator shall submit an application for such a permit to	70393
the director for the activities authorized by the permit by rule.	70394
Notwithstanding any other provision of law to the contrary, the	70395
director shall approve or disapprove the application for the	70396
permit in accordance with the procedures governing the approval or	70397
disapproval of permit renewals under division (H) of this section.	70398

(b) If the owner or operator has a hazardous waste facility	70399
installation and operation permit for hazardous waste treatment,	70400
storage, or disposal activities at the facility other than those	70401
authorized by the permit by rule, the owner or operator shall	70402
submit to the director a request for modification in accordance	70403
with division (I) of this section. Notwithstanding any other	70404
provision of law to the contrary, the director shall approve or	70405
disapprove the modification application in accordance with	70406
division (I)(5) of this section.	70407

(2) The owner or operator of a boiler or industrial furnace	70408
that is conducting thermal treatment activities in accordance with	70409
a permit by rule under rules adopted by the director under	70410
division (E)(3)(b) of section 3734.02 of the Revised Code shall	70411
submit a hazardous waste facility installation and operation	70412
permit application if the owner or operator does not have such a	70413
permit for any hazardous waste treatment, storage, or disposal	70414
activities at the facility or, if the owner or operator has such a	70415
permit for hazardous waste treatment, storage, or disposal	70416
activities at the facility other than thermal treatment activities	70417
authorized by the permit by rule, a modification application to	70418
add those activities authorized by the permit by rule, whichever	70419
is applicable, within one hundred eighty days after the director	70420
has requested the submission of the application or upon a later	70421
date if the owner or operator demonstrates to the director good	70422
cause for the late submittal. The application shall be accompanied	70423
by information necessary to support the request. The director	70424
shall approve or disapprove an application for a hazardous waste	70425
facility installation and operation permit in accordance with	70426
division (D) of this section and approve or disapprove an	70427
application for a modification in accordance with division (I)(3)	70428
of this section, except that the director shall not disapprove an	70429
application for the thermal treatment activities on the basis of	70430
the criteria set forth in division (D)(2)(g) or (h) of this	70431
section.	70432

(3) As used in division (J) of this section:

70433

(a) "Modification application" means a request for a	70434
modification submitted in accordance with division (I) of this	70435
section.	70436

(b) "Thermal treatment," "boiler," and "industrial furnace"	70437
have the same meanings as in rules adopted under section 3734.12	70438
of the Revised Code.	70439

(K) The director shall adopt, and may amend, suspend, or	70440
rescind, rules in accordance with Chapter 119. of the Revised Code	70441
in order to implement divisions (H) and (I) of this section.	70442
Except when in actual conflict with this section, rules governing	70443
the classification of and procedures for the modification of	70444
hazardous waste facility installation and operation permits shall	70445
be substantively and procedurally identical to the regulations	70446
governing hazardous waste facility permitting and permit	70447
modifications adopted under the "Resource Conservation and	70448
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	70449
amended.	70450

Sec. 3734.28. ~~All~~Except as otherwise provided in section	70451
3734.282 of the Revised Code, moneys collected under sections	70452
3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the	70453
Revised Code and ~~natural resource damages collected by the state~~	70454
under the "Comprehensive Environmental Response, Compensation, and	70455
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	70456
amended, shall be paid into the state treasury to the credit of	70457
the hazardous waste clean-up fund, which is hereby created. In	70458
addition, any moneys recovered for costs paid from the fund for	70459
activities described in ~~division~~divisions (A)(1) and (2) of	70460
section 3745.12 of the Revised Code shall be credited to the fund.	70461
The environmental protection agency shall use the moneys in the	70462
fund for the purposes set forth in division (D) of section	70463
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	70464
3734.26, and 3734.27, ~~and, through October 15, 2005,~~ divisions	70465
(A)(1) and (2) of section 3745.12, and Chapter 3746. of the	70466
Revised Code, including any related enforcement expenses. In	70467
addition, the agency shall use the moneys in the fund to pay the	70468
state's long-term operation and maintenance costs or matching	70469
share for actions taken under the "Comprehensive Environmental	70470
Response, Compensation, and Liability Act of 1980," as amended. If	70471
those moneys are reimbursed by grants or other moneys from the	70472
United States or any other person, the moneys shall be placed in	70473
the fund and not in the general revenue fund.	70474

The director of environmental protection may enter into	70475
contracts and grant agreements with federal, state, or local	70476
government agencies, nonprofit organizations, and colleges and	70477
universities for the purpose of carrying out the responsibilities	70478
of the environmental protection agency for which money may be	70479
expended from the fund.	70480

Sec. 3734.281. ~~Notwithstanding any provision of law to the~~	70481
~~contrary, any moneys set aside by the state for the cleanup and~~	70482
~~remediation of the Ashtabula river; any~~Except as otherwise	70483
provided in section 3734.282 of the Revised Code, moneys collected	70484
from judgements for the state or settlements ~~made by~~with the	70485
director of environmental protection, including those associated	70486
with bankruptcies, related to actions brought under Chapter 3714.	70487
and section 3734.13, 3734.20, 3734.22, 6111.03, or 6111.04 of the	70488
Revised Code; and ~~any~~ moneys received under the "Comprehensive	70489
Environmental Response, Compensation, and Liability Act of 1980,"	70490
94 Stat. 2767, 42 U.S.C. ~~9602~~9601 et seq., as amended, may be	70491
paid into the state treasury to the credit of the environmental	70492
protection remediation fund, which is hereby created. The	70493
environmental protection agency shall use the moneys in the fund	70494
only for the purpose of remediating conditions at a hazardous	70495
waste facility, a solid waste facility, a construction and	70496
demolition debris facility licensed under Chapter 3714. of the	70497
Revised Code, or another location at which the director has reason	70498
to believe there is a substantial threat to public health or	70499
safety or the environment. Remediation may include the direct and	70500
indirect costs associated with the overseeing, supervising,	70501
performing, verifying, or reviewing of remediation activities by	70502
agency employees. All investment earnings of the fund shall be	70503
credited to the fund.	70504

The director of environmental protection may enter into	70505
contracts and grant agreements with federal, state, or local	70506
government agencies, nonprofit organizations, and colleges and	70507
universities for the purpose of carrying out the responsibilities	70508
of the environmental protection agency for which money may be	70509
expended from the fund.	70510

Sec. 3734.282. All money collected by the state for natural	70511
resources damages under the "Comprehensive Environmental Response,	70512
Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.	70513
9601 et seq., as amended, the "Oil Pollution Act of 1990," 104	70514
Stat. 484, 33 U.S.C. 2701 et seq., as amended, the "Clean Water	70515
Act," 86 Stat. 862, 33 U.S.C. 1321, as amended, or any other	70516
applicable federal or state law shall be paid into the state	70517
treasury to the credit of the natural resource damages fund, which	70518
is hereby created. The director of environmental protection shall	70519
use money in the fund only in accordance with the purposes of and	70520
the limitations on natural resources damages set forth in the	70521
"Comprehensive Environmental Response, Compensation, and Liability	70522
Act of 1980," as amended, the "Oil Pollution Act of 1990," as	70523
amended, the "Clean Water Act," as amended, or another applicable	70524
federal or state law. All investment earnings of the fund shall be	70525
credited to the fund.	70526

The director of environmental protection may enter into	70527
contracts and grant agreements with federal, state, or local	70528
government agencies, nonprofit organizations, and colleges and	70529
universities for the purpose of carrying out the director's	70530
responsibilities for which money may be expended from the fund.	70531

Sec. 3734.53. (A) The solid waste management plan of any	70532
county or joint solid waste management district shall be prepared	70533
in a format prescribed by the director of environmental protection	70534
and shall provide for compliance with the objectives of the state	70535
solid waste management plan and rules adopted under section	70536
3734.50 of the Revised Code. The plan shall provide for,	70537
demonstrate, and certify the availability of and access to	70538
sufficient solid waste management facility capacity to meet the	70539
solid waste management needs of the district for the ten-year	70540
period covered by the plan. The solid waste management policy	70541
committee of a county or joint district created in section 3734.54	70542
of the Revised Code may prepare and submit a solid waste	70543
management plan that covers and makes the required demonstration	70544
for a longer period of time.	70545

The solid waste management plan shall contain all of the	70546
following:	70547

(1) An inventory of the sources, composition, and quantities	70548
of solid wastes generated in the district during the current year;	70549

(2) An inventory of all existing facilities where solid	70550
wastes are being disposed of, all resource recovery facilities,	70551
and all recycling activities within the district. The inventory	70552
shall identify each such facility or activity and, for each	70553
disposal facility, shall estimate the remaining disposal capacity	70554
available at the facility. The inventory shall be accompanied by a	70555
map that shows the location of each such existing facility or	70556
activity.	70557

(3) An inventory of existing solid waste collection systems	70558
and routes, transportation systems and routes, and transfer	70559
facilities within the district. The inventory shall identify the	70560
entities engaging in solid waste collection within the district.	70561

(4) An inventory of open dumping sites for solid wastes,	70562
including solid wastes consisting of scrap tires, and facilities	70563
for the disposal of fly ash and bottom ash, foundry sand, and slag	70564
within the district. The inventory shall identify each such site	70565
or facility and shall be accompanied by a map that shows the	70566
location of each of them.	70567

(5) A projection of population changes within the district	70568
during the next ten years;	70569

(6) For each year of the forecast period, projections of the	70570
amounts and composition of solid wastes that will be generated	70571
within the district, the amounts of solid wastes originating	70572
outside the district that will be brought into the district for	70573
disposal or resource recovery, the nature of industrial activities	70574
within the district, and the effect of newly regulated waste	70575
streams, solid waste minimization activities, and solid waste	70576
recycling and reuse activities on solid waste generation rates.	70577
For each year of the forecast period, projections of waste	70578
quantities shall be compiled as an aggregate quantity of wastes.	70579

(7) An identification of the additional solid waste	70580
management facilities and the amount of additional capacity needed	70581
to dispose of the quantities of wastes projected in division	70582
(A)(6) of this section;	70583

(8) A strategy for identification of sites for the additional	70584
solid waste management facilities and capacity identified under	70585
division (A)(7) of this section;	70586

(9) An analysis and comparison of the capital and operating	70587
costs of the solid waste disposal facilities, solid waste resource	70588
recovery facilities, and solid waste recycling and reuse	70589
activities necessary to meet the solid waste management needs of	70590
the district, projected in five- and ten-year increments;	70591

(10) An analysis of expenses for which the district is liable	70592
under section 3734.35 of the Revised Code;	70593

(11) A projection of solid waste transfer facilities that	70594
will be needed in conjunction with existing solid waste facilities	70595
and those projected under division (A)(7) of this section;	70596

(12) Such other projections as the district considers	70597
necessary or appropriate to ascertain and meet the solid waste	70598
management needs of the district during the period covered by the	70599
plan;	70600

(13) A schedule for implementation of the plan that, when	70601
applicable, contains all of the following:	70602

(a) An identification of the solid waste disposal, transfer,	70603
and resource recovery facilities and recycling activities	70604
contained in the plan where solid wastes generated within or	70605
transported into the district will be taken for disposal,	70606
transfer, resource recovery, or recycling. An initial or amended	70607
plan prepared and ordered to be implemented by the director under	70608
section 3734.521, 3734.55, or 3734.56 of the Revised Code may	70609
designate solid waste disposal, transfer, or resource recovery	70610
facilities or recycling activities that are owned by a municipal	70611
corporation, county, county or joint solid waste management	70612
district, township, or township waste disposal district created	70613
under section 505.28 of the Revised Code for which debt issued	70614
under Chapter 133., 343., or 6123. of the Revised Code is	70615
outstanding where solid wastes generated within or transported	70616
into the district shall be taken for disposal, transfer, resource	70617
recovery, or recycling.	70618

(b) A schedule for closure of existing solid waste	70619
facilities, expansion of existing facilities, and establishment of	70620
new facilities. The schedule for expansion of existing facilities	70621
or establishment of new facilities shall include, without	70622
limitation, the approximate dates for filing applications for	70623
appropriate permits to install or modify those facilities under	70624
section 3734.05 of the Revised Code.	70625

(c) A schedule for implementation of solid waste recycling,	70626
reuse, and reduction programs needed to meet the waste reduction,	70627
recycling, reuse, and minimization objectives of the state solid	70628
waste management plan and rules adopted by the director under	70629
section 3734.50 of the Revised Code;	70630

(d) The methods of financing implementation of the plan and a	70631
demonstration of the availability of financial resources for that	70632
purpose.	70633

(14) A program for providing informational or technical	70634
assistance regarding source reduction to solid waste generators,	70635
or particular categories of solid waste generators, within the	70636
district. The plan shall set forth the types of assistance to be	70637
provided by the district and the specific categories of generators	70638
that are to be served. The district has the sole discretion to	70639
determine the types of assistance that are to be provided under	70640
the program and the categories of generators to be served by it.	70641

(B) In addition to the information, projections,	70642
demonstrations, and certification required by division (A) of this	70643
section, a plan shall do all of the following:	70644

(1) Establish the schedule of fees, if any, to be levied	70645
under divisions (B)(1) to (3) of section 3734.57 of the Revised	70646
Code;	70647

(2) Establish the fee, if any, to be levied under division	70648
(A) of section 3734.573 of the Revised Code;	70649

(3) Contain provisions governing the allocation among the	70650
purposes enumerated in divisions (G)(1) to (10) of section 3734.57	70651
of the Revised Code of the moneys credited to the special fund of	70652
the district under division (G) of that section that are available	70653
for expenditure by the district under that division. The plan	70654
shall do all of the following:	70655

(a) Ensure that sufficient of the moneys so credited to and	70656
available from the special fund are available for use by the solid	70657
waste management policy committee of the district at the time the	70658
moneys are needed to monitor implementation of the plan and	70659
conduct its periodic review and amendment as required under	70660
section 3734.56 of the Revised Code;	70661

(b) Contain provisions governing the allocation and	70662
distribution of moneys credited to and available from the special	70663
fund of the district to health districts within the county or	70664
joint district that have approved programs under section 3734.08	70665
of the Revised Code for the purposes of division (G)(3) of section	70666
3734.57 of the Revised Code;	70667

(c) Contain provisions governing the allocation and	70668
distribution of moneys credited to and available from the special	70669
fund of the district to the county in which solid waste facilities	70670
are or are to be located and operated under the plan for the	70671
purposes of division (G)(4) of section 3734.57 of the Revised	70672
Code;	70673

(d) Contain provisions governing the allocation and	70674
distribution, pursuant to contracts entered into for that purpose,	70675
of moneys credited to and available from the special fund of the	70676
district to boards of health within the district in which solid	70677
waste facilities contained in the district's plan are located for	70678
the purposes of division (G)(5) of section 3734.57 of the Revised	70679
Code.	70680

(4) Incorporate all solid waste recycling activities that	70681
were in operation within the district on the effective date of the	70682
plan.	70683

(C) The solid waste management plan of a county or joint	70684
district may provide for the adoption of rules under division (G)	70685
of section 343.01 of the Revised Code after approval of the plan	70686
under section 3734.521 or 3734.55 of the Revised Code doing any or	70687
all of the following:	70688

(1) Prohibiting or limiting the receipt at facilities ~~covered~~	70689
~~by the plan~~located within the solid waste management district of	70690
solid wastes generated outside the district or outside a	70691
prescribed service area consistent with the projections under	70692
divisions (A)(6) and (7) of this section~~, except that~~. However,	70693
rules adopted by a board under division (C)(1) of this section	70694
may be adopted and enforced with respect to facilities in the	70695
solid waste management district that are not owned by a county	70696
or the solid waste management district only if the board submits	70697
an application to the director of environmental protection that	70698
demonstrates that there is insufficient capacity to dispose of all	70699
solid wastes that are generated within the district at the	70700
facilities located within the district and the director approves	70701
the application. The demonstration in the application shall be	70702
based on projections contained in the plan or amended plan of the	70703
district. The director shall establish the form of the	70704
application. The approval or disapproval of such an application by	70705
the director is an action that is appealable under section 3745.04	70706
of the Revised Code.	70707

In addition, the director of environmental protection may	70708
issue an order modifying a rule authorized to be adopted under	70709
division (C)(1) of this section to allow the disposal in the	70710
district of wastes from another county or joint solid waste	70711
management district if all of the following apply:	70712

(a) The district in which the wastes were generated does not	70713
have sufficient capacity to dispose of solid wastes generated	70714
within it for six months following the date of the director's	70715
order;	70716

(b) No new solid waste facilities will begin operation during	70717
those six months in the district in which the wastes were	70718
generated and, despite good faith efforts to do so, it is	70719
impossible to site new solid waste facilities within the district	70720
because of its high population density;	70721

(c) The district in which the wastes were generated has made	70722
good faith efforts to negotiate with other districts to	70723
incorporate its disposal needs within those districts' solid waste	70724
management plans, including efforts to develop joint facilities	70725
authorized under section 343.02 of the Revised Code, and the	70726
efforts have been unsuccessful;	70727

(d) The district in which the wastes were generated has	70728
located a facility willing to accept the district's solid wastes	70729
for disposal within the receiving district;	70730

(e) The district in which the wastes were generated has	70731
demonstrated to the director that the conditions specified in	70732
divisions (C)(1)(a) to (d) of this section have been met;	70733

(f) The director finds that the issuance of the order will be	70734
consistent with the state solid waste management plan and that	70735
receipt of the out-of-district wastes will not limit the capacity	70736
of the receiving district to dispose of its in-district wastes to	70737
less than eight years. Any order issued under division (C)(1) of	70738
this section shall not become final until thirty days after it has	70739
been served by certified mail upon the county or joint solid waste	70740
management district that will receive the out-of-district wastes.	70741

(2) Governing the maintenance, protection, and use of solid	70742
waste collection, storage, disposal, transfer, recycling,	70743
processing, and resource recovery facilities within the district	70744
and requiring the submission of general plans and specifications	70745
for the construction, enlargement, or modification of any such	70746
facility to the board of county commissioners or board of	70747
directors of the district for review and approval as complying	70748
with the plan or amended plan of the district;	70749

(3) Governing development and implementation of a program for	70750
the inspection of solid wastes generated outside the boundaries of	70751
the state that are being disposed of at solid waste facilities	70752
included in the district's plan;	70753

(4) Exempting the owner or operator of any existing or	70754
proposed solid waste facility provided for in the plan from	70755
compliance with any amendment to a township zoning resolution	70756
adopted under section 519.12 of the Revised Code or to a county	70757
rural zoning resolution adopted under section 303.12 of the	70758
Revised Code that rezoned or redistricted the parcel or parcels	70759
upon which the facility is to be constructed or modified and that	70760
became effective within two years prior to the filing of an	70761
application for a permit required under division (A)(2)(a) of	70762
section 3734.05 of the Revised Code to open a new or modify an	70763
existing solid waste facility.	70764

(D) Except for the inventories required by divisions (A)(1),	70765
(2), and (4) of this section and the projections required by	70766
division (A)(6) of this section, neither this section nor the	70767
solid waste management plan of a county or joint district applies	70768
to the construction, operation, use, repair, or maintenance of	70769
either of the following:	70770

(1) A solid waste facility owned by a generator of solid	70771
wastes when the solid waste facility exclusively disposes of solid	70772
wastes generated at one or more premises owned by the generator	70773
regardless of whether the facility is located on a premises where	70774
the wastes are generated;	70775

(2) A facility that exclusively disposes of wastes that are	70776
generated from the combustion of coal, or from the combustion of	70777
primarily coal in combination with scrap tires, that is not	70778
combined in any way with garbage at one or more premises owned by	70779
the generator.	70780

(E)(1) The initial solid waste management plans prepared by	70781
county or joint districts under section 3734.521 of the Revised	70782
Code and the amended plans prepared under section 3734.521 or	70783
3734.56 of the Revised Code shall contain a clear statement as to	70784
whether the board of county commissioners or directors is	70785
authorized to or precluded from establishing facility designations	70786
under section 343.014 of the Revised Code.	70787

(2) A policy committee that is preparing a draft or revised	70788
draft plan under section 3734.55 of the Revised Code on October	70789
29, 1993, may include in the draft or revised draft plan only one	70790
of the following pertaining to the solid waste facilities or	70791
recycling activities where solid wastes generated within or	70792
transported into the district are to be taken for disposal,	70793
transfer, resource recovery, or recycling:	70794

(a) The designations required under former division	70795
(A)(12)(a) of this section as it existed prior to October 29,	70796
1993;	70797

(b) The identifications required in division (A)(12)(a) of	70798
this section and the statement required under division (E)(1) of	70799
this section;	70800

70801

(i) The designations required under former division	70802
(A)(12)(a) of this section as it existed prior to October 29,	70803
1993, except that those designations only shall pertain to solid	70804
waste disposal, transfer, or resource recovery facilities or	70805
recycling activities that are owned by a municipal corporation,	70806
county, county or joint solid waste management district, township,	70807
or township waste disposal district created under section 505.28	70808
of the Revised Code for which debt issued under Chapter 133.,	70809
343., or 6123. of the Revised Code is outstanding;	70810

(ii) The identifications required under division (A)(12)(a)	70811
of this section, and the statement required under division (E)(1)	70812
of this section, pertaining to the solid waste facilities and	70813
recycling activities described in division (A) of section 343.014	70814
of the Revised Code.	70815

(F) Notwithstanding section 3734.01 of the Revised Code,	70816
"solid wastes" does not include scrap tires and "facility" does	70817
not include any scrap tire collection, storage, monocell,	70818
monofill, or recovery facility in either of the following	70819
circumstances:	70820

(1) For the purposes of an initial plan prepared and ordered	70821
to be implemented by the director under section 3734.55 of the	70822
Revised Code;	70823

(2) For the purposes of an initial or amended plan prepared	70824
and ordered to be implemented by the director under division (D)	70825
or (F)(1) or (2) of section 3734.521 of the Revised Code in	70826
connection with a change in district composition as defined in	70827
that section that involves an existing district that is operating	70828
under either an initial plan approved or prepared and ordered to	70829
be implemented under section 3734.55 of the Revised Code or an	70830
initial or amended plan approved or prepared and ordered to be	70831
implemented under section 3734.521 of the Revised Code that does	70832
not provide for the management of scrap tires and scrap tire	70833
facilities.	70834

(G) Notwithstanding section 3734.01 of the Revised Code, and	70835
except as provided in division (A)(4) of this section, "solid	70836
wastes" need not include scrap tires and "facility" need not	70837
include any scrap tire collection, storage, monocell, monofill, or	70838
recovery facility in either of the following circumstances:	70839

(1) For the purposes of an initial plan prepared under	70840
sections 3734.54 and 3734.55 of the Revised Code unless the solid	70841
waste management policy committee preparing the initial plan	70842
chooses to include the management of scrap tires and scrap tire	70843
facilities in the plan;	70844

(2) For the purposes of a preliminary demonstration of	70845
capacity as defined in section 3734.521 of the Revised Code, if	70846
any, and an initial or amended plan prepared under that section by	70847
the solid waste management policy committee of a solid waste	70848
management district resulting from proceedings for a change in	70849
district composition under sections 343.012 and 3734.521 of the	70850
Revised Code that involves an existing district that is operating	70851
either under an initial plan approved or prepared and ordered to	70852
be implemented under section 3734.55 of the Revised Code or under	70853
an initial or amended plan approved or prepared and ordered to be	70854
implemented under section 3734.521 of the Revised Code that does	70855
not provide for the management of scrap tires and scrap tire	70856
facilities unless the solid waste management policy committee of	70857
the district resulting from the change chooses to include the	70858
management of scrap tires and scrap tire facilities in the	70859
preliminary demonstration of capacity, if any, and the initial or	70860
amended plan prepared under section 3734.521 of the Revised Code	70861
in connection with the change proceedings.	70862

If a policy committee chooses to include the management of	70863
scrap tires and scrap tire facilities in an initial plan pursuant	70864
to division (G)(1) of this section, the initial plan shall	70865
incorporate all of the elements required under this section, and	70866
may incorporate any of the elements authorized under this section,	70867
for the purpose of managing solid wastes that consist of scrap	70868
tires and solid waste facilities that are scrap tire collection,	70869
storage, monocell, monofill, or recovery facilities. If a policy	70870
committee chooses to provide for the management of scrap tires and	70871
scrap tire facilities pursuant to division (G)(2) of this section,	70872
the preliminary demonstration of capacity, if one is required,	70873
shall incorporate all of the elements required under division	70874
(E)(1) or (2) of section 3734.521 of the Revised Code, as	70875
appropriate, for the purpose of managing solid wastes that consist	70876
of scrap tires and solid waste facilities that are scrap tire	70877
collection, storage, monocell, monofill, or recovery facilities.	70878
The initial or amended plan also shall incorporate all of the	70879
elements required under this section, and may incorporate any of	70880
the elements authorized under this section, for the purpose of	70881
managing solid wastes that consist of scrap tires and solid waste	70882
facilities that are scrap tire collection, storage, monocell,	70883
monofill, or recovery facilities.	70884

(H) Neither this section nor the solid waste management plan	70885
of a county or joint district applies to the construction,	70886
operation, use, repair, or maintenance of any compost facility	70887
that exclusively composts raw rendering material.	70888

Sec. 3734.57. (A) The following fees are hereby levied on	70889
the transfer or disposal of solid wastes in this state:	70890

(1) One dollar per ton on and after July 1, 2003, through	70891
June 30, ~~2010~~2012, one-half of the proceeds of which shall be	70892
deposited in the state treasury to the credit of the hazardous	70893
waste facility management fund created in section 3734.18 of the	70894
Revised Code and one-half of the proceeds of which shall be	70895
deposited in the state treasury to the credit of the hazardous	70896
waste clean-up fund created in section 3734.28 of the Revised	70897
Code;	70898

(2) An additional one dollar per ton on and after July 1,	70899
2003, through June 30, ~~2010~~2012, the proceeds of which shall be	70900
deposited in the state treasury to the credit of the solid waste	70901
fund, which is hereby created. The environmental protection agency	70902
shall use money in the solid waste fund to pay the costs of	70903
administering and enforcing the laws pertaining to solid wastes,	70904
infectious wastes, and construction and demolition debris,	70905
including, without limitation, ground water evaluations related to	70906
solid wastes, infectious wastes, and construction and demolition	70907
debris, under this chapter and Chapter 3714. of the Revised Code	70908
and any rules adopted under them, providing compliance assistance	70909
to small businesses, and paying a share of the administrative	70910
costs of the environmental protection agency pursuant to section	70911
3745.014 of the Revised Code.	70912

(3) An additional one dollar and fifty cents per ton on and	70913
after July 1, 2005, through June 30, ~~2010~~2012, the proceeds of	70914
which shall be deposited in the state treasury to the credit of	70915
the environmental protection fund created in section 3745.015 of	70916
the Revised Code;	70917

(4) An additional one dollar per ton on and after August 1,	70918
2009, through June 30, 2012, the proceeds of which shall be	70919
deposited in the state treasury to the credit of the environmental	70920
protection fund;	70921

(5) An additional twenty-five cents per ton on and after	70922
August 1, 2009, through June 30, 2012, the proceeds of which	70923
shall be deposited in the state treasury to the credit of the	70924
soil and water conservation district assistance fund created in	70925
section 1515.14 of the Revised Code.	70926

In the case of solid wastes that are taken to a solid waste	70927
transfer facility located in this state prior to being transported	70928
for disposal at a solid waste disposal facility located in this	70929
state or outside of this state, the fees levied under this	70930
division shall be collected by the owner or operator of the	70931
transfer facility as a trustee for the state. The amount of fees	70932
required to be collected under this division at such a transfer	70933
facility shall equal the total tonnage of solid wastes received at	70934
the facility multiplied by the fees levied under this division. In	70935
the case of solid wastes that are not taken to a solid waste	70936
transfer facility located in this state prior to being transported	70937
to a solid waste disposal facility, the fees shall be collected by	70938
the owner or operator of the solid waste disposal facility as a	70939
trustee for the state. The amount of fees required to be collected	70940
under this division at such a disposal facility shall equal the	70941
total tonnage of solid wastes received at the facility that was	70942
not previously taken to a solid waste transfer facility located in	70943
this state multiplied by the fees levied under this division. Fees	70944
levied under this division do not apply to materials separated	70945
from a mixed waste stream for recycling by a generator or	70946
materials removed from the solid waste stream through recycling,	70947
as "recycling" is defined in rules adopted under section 3734.02	70948
of the Revised Code.	70949

The owner or operator of a solid waste transfer facility or	70950
disposal facility, as applicable, shall prepare and file with the	70951
director of environmental protection each month a return	70952
indicating the total tonnage of solid wastes received at the	70953
facility during that month and the total amount of the fees	70954
required to be collected under this division during that month. In	70955
addition, the owner or operator of a solid waste disposal facility	70956
shall indicate on the return the total tonnage of solid wastes	70957
received from transfer facilities located in this state during	70958
that month for which the fees were required to be collected by the	70959
transfer facilities. The monthly returns shall be filed on a form	70960
prescribed by the director. Not later than thirty days after the	70961
last day of the month to which a return applies, the owner or	70962
operator shall mail to the director the return for that month	70963
together with the fees required to be collected under this	70964
division during that month as indicated on the return or may	70965
submit the return and fees electronically in a manner approved by	70966
the director. If the return is filed and the amount of the fees	70967
due is paid in a timely manner as required in this division, the	70968
owner or operator may retain a discount of three-fourths of one	70969
per cent of the total amount of the fees that are required to be	70970
paid as indicated on the return.	70971

The owner or operator may request an extension of not more	70972
than thirty days for filing the return and remitting the fees,	70973
provided that the owner or operator has submitted such a request	70974
in writing to the director together with a detailed description of	70975
why the extension is requested, the director has received the	70976
request not later than the day on which the return is required to	70977
be filed, and the director has approved the request. If the fees	70978
are not remitted within thirty days after the last day of the	70979
month to which the return applies or are not remitted by the last	70980
day of an extension approved by the director, the owner or	70981
operator shall not retain the three-fourths of one per cent	70982
discount and shall pay an additional ten per cent of the amount of	70983
the fees for each month that they are late. For purposes of	70984
calculating the late fee, the first month in which fees are late	70985
begins on the first day after the deadline has passed for timely	70986
submitting the return and fees, and one additional month shall be	70987
counted every thirty days thereafter.	70988

The owner or operator of a solid waste facility may request a	70989
refund or credit of fees levied under this division and remitted	70990
to the director that have not been paid to the owner or operator.	70991
Such a request shall be made only if the fees have not been	70992
collected by the owner or operator, have become a debt that has	70993
become worthless or uncollectable for a period of six months or	70994
more, and may be claimed as a deduction, including a deduction	70995
claimed if the owner or operator keeps accounts on an accrual	70996
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	70997
U.S.C. 166, as amended, and regulations adopted under it. Prior to	70998
making a request for a refund or credit, an owner or operator	70999
shall make reasonable efforts to collect the applicable fees. A	71000
request for a refund or credit shall not include any costs	71001
resulting from those efforts to collect unpaid fees.	71002

A request for a refund or credit of fees shall be made in	71003
writing, on a form prescribed by the director, and shall be	71004
supported by evidence that may be required in rules adopted by the	71005
director under this chapter. After reviewing the request, and if	71006
the request and evidence submitted with the request indicate that	71007
a refund or credit is warranted, the director shall grant a refund	71008
to the owner or operator or shall permit a credit to be taken by	71009
the owner or operator on a subsequent monthly return submitted by	71010
the owner or operator. The amount of a refund or credit shall not	71011
exceed an amount that is equal to ninety days' worth of fees owed	71012
to an owner or operator by a particular debtor of the owner or	71013
operator. A refund or credit shall not be granted by the director	71014
to an owner or operator more than once in any twelve-month period	71015
for fees owed to the owner or operator by a particular debtor.	71016

If, after receiving a refund or credit from the director, an	71017
owner or operator receives payment of all or part of the fees, the	71018
owner or operator shall remit the fees with the next monthly	71019
return submitted to the director together with a written	71020
explanation of the reason for the submittal.	71021

For purposes of computing the fees levied under this division	71022
or division (B) of this section, any solid waste transfer or	71023
disposal facility that does not use scales as a means of	71024
determining gate receipts shall use a conversion factor of three	71025
cubic yards per ton of solid waste or one cubic yard per ton for	71026
baled waste, as applicable.	71027

The fees levied under this division and divisions (B) and (C)	71028
of this section are in addition to all other applicable fees and	71029
taxes and shall be paid by the customer or a political subdivision	71030
to the owner or operator of a solid waste transfer or disposal	71031
facility. In the alternative, the fees shall be paid by a customer	71032
or political subdivision to a transporter of waste who	71033
subsequently transfers the fees to the owner or operator of such a	71034
facility. The fees shall be paid notwithstanding the existence of	71035
any provision in a contract that the customer or a political	71036
subdivision may have with the owner or operator or with a	71037
transporter of waste to the facility that would not require or	71038
allow such payment regardless of whether the contract was entered	71039
prior to or after the effective date of this amendment. For those	71040
purposes, "customer" means a person who contracts with, or	71041
utilizes the solid waste services of, the owner or operator of a	71042
solid waste transfer or disposal facility or a transporter of	71043
solid waste to such a facility.	71044

(B) For the purposes specified in division (G) of this	71045
section, the solid waste management policy committee of a county	71046
or joint solid waste management district may levy fees upon the	71047
following activities:	71048

(1) The disposal at a solid waste disposal facility located	71049
in the district of solid wastes generated within the district;	71050

(2) The disposal at a solid waste disposal facility within	71051
the district of solid wastes generated outside the boundaries of	71052
the district, but inside this state;	71053

(3) The disposal at a solid waste disposal facility within	71054
the district of solid wastes generated outside the boundaries of	71055
this state.	71056

The solid waste management plan of the county or joint	71057
district approved under section 3734.521 or 3734.55 of the Revised	71058
Code and any amendments to it, or the resolution adopted under	71059
this division, as appropriate, shall establish the rates of the	71060
fees levied under divisions (B)(1), (2), and (3) of this section,	71061
if any, and shall specify whether the fees are levied on the basis	71062
of tons or cubic yards as the unit of measurement. A solid waste	71063
management district that levies fees under this division on the	71064
basis of cubic yards shall do so in accordance with division (A)	71065
of this section.	71066

The fee levied under division (B)(1) of this section shall be	71067
not less than one dollar per ton nor more than two dollars per	71068
ton, the fee levied under division (B)(2) of this section shall be	71069
not less than two dollars per ton nor more than four dollars per	71070
ton, and the fee levied under division (B)(3) of this section	71071
shall be not more than the fee levied under division (B)(1) of	71072
this section.	71073

Prior to the approval of the solid waste management plan of a	71074
district under section 3734.55 of the Revised Code, the solid	71075
waste management policy committee of a district may levy fees	71076
under this division by adopting a resolution establishing the	71077
proposed amount of the fees. Upon adopting the resolution, the	71078
committee shall deliver a copy of the resolution to the board of	71079
county commissioners of each county forming the district and to	71080
the legislative authority of each municipal corporation and	71081
township under the jurisdiction of the district and shall prepare	71082
and publish the resolution and a notice of the time and location	71083
where a public hearing on the fees will be held. Upon adopting the	71084
resolution, the committee shall deliver written notice of the	71085
adoption of the resolution; of the amount of the proposed fees;	71086
and of the date, time, and location of the public hearing to the	71087
director and to the fifty industrial, commercial, or institutional	71088
generators of solid wastes within the district that generate the	71089
largest quantities of solid wastes, as determined by the	71090
committee, and to their local trade associations. The committee	71091
shall make good faith efforts to identify those generators within	71092
the district and their local trade associations, but the	71093
nonprovision of notice under this division to a particular	71094
generator or local trade association does not invalidate the	71095
proceedings under this division. The publication shall occur at	71096
least thirty days before the hearing. After the hearing, the	71097
committee may make such revisions to the proposed fees as it	71098
considers appropriate and thereafter, by resolution, shall adopt	71099
the revised fee schedule. Upon adopting the revised fee schedule,	71100
the committee shall deliver a copy of the resolution doing so to	71101
the board of county commissioners of each county forming the	71102
district and to the legislative authority of each municipal	71103
corporation and township under the jurisdiction of the district.	71104
Within sixty days after the delivery of a copy of the resolution	71105
adopting the proposed revised fees by the policy committee, each	71106
such board and legislative authority, by ordinance or resolution,	71107
shall approve or disapprove the revised fees and deliver a copy of	71108
the ordinance or resolution to the committee. If any such board or	71109
legislative authority fails to adopt and deliver to the policy	71110
committee an ordinance or resolution approving or disapproving the	71111
revised fees within sixty days after the policy committee	71112
delivered its resolution adopting the proposed revised fees, it	71113
shall be conclusively presumed that the board or legislative	71114
authority has approved the proposed revised fees. The committee	71115
shall determine if the resolution has been ratified in the same	71116
manner in which it determines if a draft solid waste management	71117
plan has been ratified under division (B) of section 3734.55 of	71118
the Revised Code.	71119

The committee may amend the schedule of fees levied pursuant	71120
to a resolution adopted and ratified under this division by	71121
adopting a resolution establishing the proposed amount of the	71122
amended fees. The committee may repeal the fees levied pursuant to	71123
such a resolution by adopting a resolution proposing to repeal	71124
them. Upon adopting such a resolution, the committee shall proceed	71125
to obtain ratification of the resolution in accordance with this	71126
division.	71127

Not later than fourteen days after declaring the new fees to	71128
be ratified or the fees to be repealed under this division, the	71129
committee shall notify by certified mail the owner or operator of	71130
each solid waste disposal facility that is required to collect the	71131
fees of the ratification and the amount of the fees or of the	71132
repeal of the fees. Collection of any fees shall commence or	71133
collection of repealed fees shall cease on the first day of the	71134
second month following the month in which notification is sent to	71135
the owner or operator.	71136

Fees levied under this division also may be established,	71137
amended, or repealed by a solid waste management policy committee	71138
through the adoption of a new district solid waste management	71139
plan, the adoption of an amended plan, or the amendment of the	71140
plan or amended plan in accordance with sections 3734.55 and	71141
3734.56 of the Revised Code or the adoption or amendment of a	71142
district plan in connection with a change in district composition	71143
under section 3734.521 of the Revised Code.	71144

Not later than fourteen days after the director issues an	71145
order approving a district's solid waste management plan, amended	71146
plan, or amendment to a plan or amended plan that establishes,	71147
amends, or repeals a schedule of fees levied by the district, the	71148
committee shall notify by certified mail the owner or operator of	71149
each solid waste disposal facility that is required to collect the	71150
fees of the approval of the plan or amended plan, or the amendment	71151
to the plan, as appropriate, and the amount of the fees, if any.	71152
In the case of an initial or amended plan approved under section	71153
3734.521 of the Revised Code in connection with a change in	71154
district composition, other than one involving the withdrawal of a	71155
county from a joint district, the committee, within fourteen days	71156
after the change takes effect pursuant to division (G) of that	71157
section, shall notify by certified mail the owner or operator of	71158
each solid waste disposal facility that is required to collect the	71159
fees that the change has taken effect and of the amount of the	71160
fees, if any. Collection of any fees shall commence or collection	71161
of repealed fees shall cease on the first day of the second month	71162
following the month in which notification is sent to the owner or	71163
operator.	71164

If, in the case of a change in district composition involving	71165
the withdrawal of a county from a joint district, the director	71166
completes the actions required under division (G)(1) or (3) of	71167
section 3734.521 of the Revised Code, as appropriate, forty-five	71168
days or more before the beginning of a calendar year, the policy	71169
committee of each of the districts resulting from the change that	71170
obtained the director's approval of an initial or amended plan in	71171
connection with the change, within fourteen days after the	71172
director's completion of the required actions, shall notify by	71173
certified mail the owner or operator of each solid waste disposal	71174
facility that is required to collect the district's fees that the	71175
change is to take effect on the first day of January immediately	71176
following the issuance of the notice and of the amount of the fees	71177
or amended fees levied under divisions (B)(1) to (3) of this	71178
section pursuant to the district's initial or amended plan as so	71179
approved or, if appropriate, the repeal of the district's fees by	71180
that initial or amended plan. Collection of any fees set forth in	71181
such a plan or amended plan shall commence on the first day of	71182
January immediately following the issuance of the notice. If such	71183
an initial or amended plan repeals a schedule of fees, collection	71184
of the fees shall cease on that first day of January.	71185

If, in the case of a change in district composition involving	71186
the withdrawal of a county from a joint district, the director	71187
completes the actions required under division (G)(1) or (3) of	71188
section 3734.521 of the Revised Code, as appropriate, less than	71189
forty-five days before the beginning of a calendar year, the	71190
director, on behalf of each of the districts resulting from the	71191
change that obtained the director's approval of an initial or	71192
amended plan in connection with the change proceedings, shall	71193
notify by certified mail the owner or operator of each solid waste	71194
disposal facility that is required to collect the district's fees	71195
that the change is to take effect on the first day of January	71196
immediately following the mailing of the notice and of the amount	71197
of the fees or amended fees levied under divisions (B)(1) to (3)	71198
of this section pursuant to the district's initial or amended plan	71199
as so approved or, if appropriate, the repeal of the district's	71200
fees by that initial or amended plan. Collection of any fees set	71201
forth in such a plan or amended plan shall commence on the first	71202
day of the second month following the month in which notification	71203
is sent to the owner or operator. If such an initial or amended	71204
plan repeals a schedule of fees, collection of the fees shall	71205
cease on the first day of the second month following the month in	71206
which notification is sent to the owner or operator.	71207

If the schedule of fees that a solid waste management	71208
district is levying under divisions (B)(1) to (3) of this section	71209
is amended or repealed, the fees in effect immediately prior to	71210
the amendment or repeal shall continue to be collected until	71211
collection of the amended fees commences or collection of the	71212
repealed fees ceases, as applicable, as specified in this	71213
division. In the case of a change in district composition, money	71214
so received from the collection of the fees of the former	71215
districts shall be divided among the resulting districts in	71216
accordance with division (B) of section 343.012 of the Revised	71217
Code and the agreements entered into under division (B) of section	71218
343.01 of the Revised Code to establish the former and resulting	71219
districts and any amendments to those agreements.	71220

For the purposes of the provisions of division (B) of this	71221
section establishing the times when newly established or amended	71222
fees levied by a district are required to commence and the	71223
collection of fees that have been amended or repealed is required	71224
to cease, "fees" or "schedule of fees" includes, in addition to	71225
fees levied under divisions (B)(1) to (3) of this section, those	71226
levied under section 3734.573 or 3734.574 of the Revised Code.	71227

(C) For the purposes of defraying the added costs to a	71228
municipal corporation or township of maintaining roads and other	71229
public facilities and of providing emergency and other public	71230
services, and compensating a municipal corporation or township for	71231
reductions in real property tax revenues due to reductions in real	71232
property valuations resulting from the location and operation of a	71233
solid waste disposal facility within the municipal corporation or	71234
township, a municipal corporation or township in which such a	71235
solid waste disposal facility is located may levy a fee of not	71236
more than twenty-five cents per ton on the disposal of solid	71237
wastes at a solid waste disposal facility located within the	71238
boundaries of the municipal corporation or township regardless of	71239
where the wastes were generated.	71240

The legislative authority of a municipal corporation or	71241
township may levy fees under this division by enacting an	71242
ordinance or adopting a resolution establishing the amount of the	71243
fees. Upon so doing the legislative authority shall mail a	71244
certified copy of the ordinance or resolution to the board of	71245
county commissioners or directors of the county or joint solid	71246
waste management district in which the municipal corporation or	71247
township is located or, if a regional solid waste management	71248
authority has been formed under section 343.011 of the Revised	71249
Code, to the board of trustees of that regional authority, the	71250
owner or operator of each solid waste disposal facility in the	71251
municipal corporation or township that is required to collect the	71252
fee by the ordinance or resolution, and the director of	71253
environmental protection. Although the fees levied under this	71254
division are levied on the basis of tons as the unit of	71255
measurement, the legislative authority, in its ordinance or	71256
resolution levying the fees under this division, may direct that	71257
the fees be levied on the basis of cubic yards as the unit of	71258
measurement based upon a conversion factor of three cubic yards	71259
per ton generally or one cubic yard per ton for baled wastes.	71260

Not later than five days after enacting an ordinance or	71261
adopting a resolution under this division, the legislative	71262
authority shall so notify by certified mail the owner or operator	71263
of each solid waste disposal facility that is required to collect	71264
the fee. Collection of any fee levied on or after March 24, 1992,	71265
shall commence on the first day of the second month following the	71266
month in which notification is sent to the owner or operator.	71267

(D)(1) The fees levied under divisions (A), (B), and (C) of	71268
this section do not apply to the disposal of solid wastes that:	71269

(a) Are disposed of at a facility owned by the generator of	71270
the wastes when the solid waste facility exclusively disposes of	71271
solid wastes generated at one or more premises owned by the	71272
generator regardless of whether the facility is located on a	71273
premises where the wastes are generated;	71274

(b) Are disposed of at facilities that exclusively dispose of	71275
wastes that are generated from the combustion of coal, or from the	71276
combustion of primarily coal in combination with scrap tires, that	71277
is not combined in any way with garbage at one or more premises	71278
owned by the generator.	71279

(2) Except as provided in section 3734.571 of the Revised	71280
Code, any fees levied under division (B)(1) of this section apply	71281
to solid wastes originating outside the boundaries of a county or	71282
joint district that are covered by an agreement for the joint use	71283
of solid waste facilities entered into under section 343.02 of the	71284
Revised Code by the board of county commissioners or board of	71285
directors of the county or joint district where the wastes are	71286
generated and disposed of.	71287

(3) When solid wastes, other than solid wastes that consist	71288
of scrap tires, are burned in a disposal facility that is an	71289
incinerator or energy recovery facility, the fees levied under	71290
divisions (A), (B), and (C) of this section shall be levied upon	71291
the disposal of the fly ash and bottom ash remaining after burning	71292
of the solid wastes and shall be collected by the owner or	71293
operator of the sanitary landfill where the ash is disposed of.	71294

(4) When solid wastes are delivered to a solid waste transfer	71295
facility, the fees levied under divisions (B) and (C) of this	71296
section shall be levied upon the disposal of solid wastes	71297
transported off the premises of the transfer facility for disposal	71298
and shall be collected by the owner or operator of the solid waste	71299
disposal facility where the wastes are disposed of.	71300

(5) The fees levied under divisions (A), (B), and (C) of this	71301
section do not apply to sewage sludge that is generated by a waste	71302
water treatment facility holding a national pollutant discharge	71303
elimination system permit and that is disposed of through	71304
incineration, land application, or composting or at another	71305
resource recovery or disposal facility that is not a landfill.	71306

(6) The fees levied under divisions (A), (B), and (C) of this	71307
section do not apply to solid wastes delivered to a solid waste	71308
composting facility for processing. When any unprocessed solid	71309
waste or compost product is transported off the premises of a	71310
composting facility and disposed of at a landfill, the fees levied	71311
under divisions (A), (B), and (C) of this section shall be	71312
collected by the owner or operator of the landfill where the	71313
unprocessed waste or compost product is disposed of.	71314

(7) When solid wastes that consist of scrap tires are	71315
processed at a scrap tire recovery facility, the fees levied under	71316
divisions (A), (B), and (C) of this section shall be levied upon	71317
the disposal of the fly ash and bottom ash or other solid wastes	71318
remaining after the processing of the scrap tires and shall be	71319
collected by the owner or operator of the solid waste disposal	71320
facility where the ash or other solid wastes are disposed of.	71321

(8) The director of environmental protection may issue an	71322
order exempting from the fees levied under this section solid	71323
wastes, including, but not limited to, scrap tires, that are	71324
generated, transferred, or disposed of as a result of a contract	71325
providing for the expenditure of public funds entered into by the	71326
administrator or regional administrator of the United States	71327
environmental protection agency, the director of environmental	71328
protection, or the director of administrative services on behalf	71329
of the director of environmental protection for the purpose of	71330
remediating conditions at a hazardous waste facility, solid waste	71331
facility, or other location at which the administrator or regional	71332
administrator or the director of environmental protection has	71333
reason to believe that there is a substantial threat to public	71334
health or safety or the environment or that the conditions are	71335
causing or contributing to air or water pollution or soil	71336
contamination. An order issued by the director of environmental	71337
protection under division (D)(8) of this section shall include a	71338
determination that the amount of the fees not received by a solid	71339
waste management district as a result of the order will not	71340
adversely impact the implementation and financing of the	71341
district's approved solid waste management plan and any approved	71342
amendments to the plan. Such an order is a final action of the	71343
director of environmental protection.	71344

(E) The fees levied under divisions (B) and (C) of this	71345
section shall be collected by the owner or operator of the solid	71346
waste disposal facility where the wastes are disposed of as a	71347
trustee for the county or joint district and municipal corporation	71348
or township where the wastes are disposed of. Moneys from the fees	71349
levied under division (B) of this section shall be forwarded to	71350
the board of county commissioners or board of directors of the	71351
district in accordance with rules adopted under division (H) of	71352
this section. Moneys from the fees levied under division (C) of	71353
this section shall be forwarded to the treasurer or such other	71354
officer of the municipal corporation as, by virtue of the charter,	71355
has the duties of the treasurer or to the fiscal officer of the	71356
township, as appropriate, in accordance with those rules.	71357

(F) Moneys received by the treasurer or other officer of the	71358
municipal corporation under division (E) of this section shall be	71359
paid into the general fund of the municipal corporation. Moneys	71360
received by the fiscal officer of the township under that division	71361
shall be paid into the general fund of the township. The treasurer	71362
or other officer of the municipal corporation or the township	71363
fiscal officer, as appropriate, shall maintain separate records of	71364
the moneys received from the fees levied under division (C) of	71365
this section.	71366

(G) Moneys received by the board of county commissioners or	71367
board of directors under division (E) of this section or section	71368
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	71369
shall be paid to the county treasurer, or other official acting in	71370
a similar capacity under a county charter, in a county district or	71371
to the county treasurer or other official designated by the board	71372
of directors in a joint district and kept in a separate and	71373
distinct fund to the credit of the district. If a regional solid	71374
waste management authority has been formed under section 343.011	71375
of the Revised Code, moneys received by the board of trustees of	71376
that regional authority under division (E) of this section shall	71377
be kept by the board in a separate and distinct fund to the credit	71378
of the district. Moneys in the special fund of the county or joint	71379
district arising from the fees levied under division (B) of this	71380
section and the fee levied under division (A) of section 3734.573	71381
of the Revised Code shall be expended by the board of county	71382
commissioners or directors of the district in accordance with the	71383
district's solid waste management plan or amended plan approved	71384
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	71385
exclusively for the following purposes:	71386

(1) Preparation of the solid waste management plan of the	71387
district under section 3734.54 of the Revised Code, monitoring	71388
implementation of the plan, and conducting the periodic review and	71389
amendment of the plan required by section 3734.56 of the Revised	71390
Code by the solid waste management policy committee;	71391

(2) Implementation of the approved solid waste management	71392
plan or amended plan of the district, including, without	71393
limitation, the development and implementation of solid waste	71394
recycling or reduction programs;	71395

(3) Providing financial assistance to boards of health within	71396
the district, if solid waste facilities are located within the	71397
district, for enforcement of this chapter and rules, orders, and	71398
terms and conditions of permits, licenses, and variances adopted	71399
or issued under it, other than the hazardous waste provisions of	71400
this chapter and rules adopted and orders and terms and conditions	71401
of permits issued under those provisions;	71402

(4) Providing financial assistance to each county within the	71403
district to defray the added costs of maintaining roads and other	71404
public facilities and of providing emergency and other public	71405
services resulting from the location and operation of a solid	71406
waste facility within the county under the district's approved	71407
solid waste management plan or amended plan;	71408

(5) Pursuant to contracts entered into with boards of health	71409
within the district, if solid waste facilities contained in the	71410
district's approved plan or amended plan are located within the	71411
district, for paying the costs incurred by those boards of health	71412
for collecting and analyzing samples from public or private water	71413
wells on lands adjacent to those facilities;	71414

(6) Developing and implementing a program for the inspection	71415
of solid wastes generated outside the boundaries of this state	71416
that are disposed of at solid waste facilities included in the	71417
district's approved solid waste management plan or amended plan;	71418

(7) Providing financial assistance to boards of health within	71419
the district for the enforcement of section 3734.03 of the Revised	71420
Code or to local law enforcement agencies having jurisdiction	71421
within the district for enforcing anti-littering laws and	71422
ordinances;	71423

(8) Providing financial assistance to boards of health of	71424
health districts within the district that are on the approved list	71425
under section 3734.08 of the Revised Code to defray the costs to	71426
the health districts for the participation of their employees	71427
responsible for enforcement of the solid waste provisions of this	71428
chapter and rules adopted and orders and terms and conditions of	71429
permits, licenses, and variances issued under those provisions in	71430
the training and certification program as required by rules	71431
adopted under division (L) of section 3734.02 of the Revised Code;	71432

(9) Providing financial assistance to individual municipal	71433
corporations and townships within the district to defray their	71434
added costs of maintaining roads and other public facilities and	71435
of providing emergency and other public services resulting from	71436
the location and operation within their boundaries of a	71437
composting, energy or resource recovery, incineration, or	71438
recycling facility that either is owned by the district or is	71439
furnishing solid waste management facility or recycling services	71440
to the district pursuant to a contract or agreement with the board	71441
of county commissioners or directors of the district;	71442

(10) Payment of any expenses that are agreed to, awarded, or	71443
ordered to be paid under section 3734.35 of the Revised Code and	71444
of any administrative costs incurred pursuant to that section. In	71445
the case of a joint solid waste management district, if the board	71446
of county commissioners of one of the counties in the district is	71447
negotiating on behalf of affected communities, as defined in that	71448
section, in that county, the board shall obtain the approval of	71449
the board of directors of the district in order to expend moneys	71450
for administrative costs incurred.	71451

Prior to the approval of the district's solid waste	71452
management plan under section 3734.55 of the Revised Code, moneys	71453
in the special fund of the district arising from the fees shall be	71454
expended for those purposes in the manner prescribed by the solid	71455
waste management policy committee by resolution.	71456

Notwithstanding division (G)(6) of this section as it existed	71457
prior to October 29, 1993, or any provision in a district's solid	71458
waste management plan prepared in accordance with division	71459
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	71460
prior to that date, any moneys arising from the fees levied under	71461
division (B)(3) of this section prior to January 1, 1994, may be	71462
expended for any of the purposes authorized in divisions (G)(1) to	71463
(10) of this section.	71464

(H) The director shall adopt rules in accordance with Chapter	71465
119. of the Revised Code prescribing procedures for collecting and	71466
forwarding the fees levied under divisions (B) and (C) of this	71467
section to the boards of county commissioners or directors of	71468
county or joint solid waste management districts and to the	71469
treasurers or other officers of municipal corporations and the	71470
fiscal officers of townships. The rules also shall prescribe the	71471
dates for forwarding the fees to the boards and officials and may	71472
prescribe any other requirements the director considers necessary	71473
or appropriate to implement and administer divisions (A), (B), and	71474
(C) of this section.	71475

Sec. 3734.573. (A) For the purposes specified in division	71476
(G) of section 3734.57 of the Revised Code, the solid waste	71477
management policy committee of a county or joint solid waste	71478
management district may levy a fee on the generation of solid	71479
wastes within the district.	71480

The initial or amended solid waste management plan of the	71481
county or joint district approved under section 3734.521, 3734.55,	71482
or 3734.56 of the Revised Code, an amendment to the district's	71483
plan adopted under division (E) of section 3734.56 of the Revised	71484
Code, or the resolution adopted and ratified under division (B) of	71485
this section shall establish the rate of the fee levied under this	71486
division and shall specify whether the fee is levied on the basis	71487
of tons or cubic yards as the unit of measurement.	71488

(B) Prior to the approval under division (A) of section	71489
3734.56 of the Revised Code of the first amended plan that the	71490
district is required to submit for approval under that section,	71491
the approval of an initial plan under section 3734.521 of the	71492
Revised Code, the approval of an amended plan under section	71493
3734.521 or division (D) of section 3734.56 of the Revised Code,	71494
or the amendment of the district's plan under division (E) of	71495
section 3734.56 of the Revised Code, the solid waste management	71496
policy committee of a county or joint district that is operating	71497
under an initial plan approved under section 3734.55 of the	71498
Revised Code, or one for which approval of its initial plan is	71499
pending before the director of environmental protection on	71500
October 29, 1993, under section 3734.55 of the Revised Code, may	71501
levy a fee under division (A) of this section by adopting and	71502
obtaining ratification of a resolution establishing the amount of	71503
the fee. A policy committee that, after December 1, 1993,	71504
concurrently proposes to levy a fee under division (A) of this	71505
section and to amend the fees levied by the district under	71506
divisions (B)(1) to (3) of section 3734.57 of the Revised Code may	71507
adopt and obtain ratification of one resolution proposing to do	71508
both. The requirements and procedures set forth in division (B) of	71509
section 3734.57 of the Revised Code governing the adoption,	71510
amendment, and repeal of resolutions levying fees under divisions	71511
(B)(1) to (3) of that section, the ratification of those	71512
resolutions, and the notification of owners and operators of solid	71513
waste facilities required to collect fees levied under those	71514
divisions govern the adoption of the resolutions authorized to be	71515
adopted under this division, the ratification thereof, and the	71516
notification of owners and operators required to collect the fees,	71517
except as otherwise specifically provided in division (C) of this	71518
section.	71519

(C) Any initial or amended plan of a district adopted under	71520
section 3734.521 or 3734.56 of the Revised Code, or resolution	71521
adopted under division (B) of this section, that proposes to levy	71522
a fee under division (A) of this section that exceeds five dollars	71523
per ton shall be ratified in accordance with the provisions of	71524
section 3734.55 or division (B) of section 3734.57 of the Revised	71525
Code, as applicable, except that such an initial or amended plan	71526
or resolution shall be approved by a combination of municipal	71527
corporations and townships with a combined population within the	71528
boundaries of the district comprising at least seventy-five per	71529
cent, rather than at least sixty per cent, of the total population	71530
of the district.	71531

(D) The policy committee of a county or joint district may	71532
amend the fee levied by the district under division (A) of this	71533
section by adopting and obtaining ratification of a resolution	71534
establishing the amount of the amended fee. The policy committee	71535
may abolish the fee or an amended fee established under this	71536
division by adopting and obtaining ratification of a resolution	71537
proposing to repeal it. The requirements and procedures under	71538
division (B) and, if applicable, division (C) of this section	71539
govern the adoption and ratification of a resolution authorized to	71540
be adopted under this division and the notification of owners and	71541
operators of solid waste facilities required to collect the fees.	71542

(E) Collection of a fee or amended fee levied under division	71543
(A) or (D) of this section shall commence or cease in accordance	71544
with division (B) of section 3734.57 of the Revised Code. If a	71545
district is levying a fee under section 3734.572 of the Revised	71546
Code, collection of that fee shall cease on the date on which	71547
collection of the fee levied under division (A) of this section	71548
commences in accordance with division (B) of section 3734.57 of	71549
the Revised Code.	71550

(F) In the case of solid wastes that are taken to a solid	71551
waste transfer facility prior to being transported to a solid	71552
waste disposal facility for disposal, the fee levied under	71553
division (A) of this section shall be collected by the owner or	71554
operator of the transfer facility as a trustee for the district.	71555
In the case of solid wastes that are not taken to a solid waste	71556
transfer facility prior to being transported to a solid waste	71557
disposal facility, the fee shall be collected by the owner or	71558
operator of the solid waste disposal facility where the wastes are	71559
disposed of. An owner or operator of a solid waste transfer or	71560
disposal facility who is required to collect the fee shall collect	71561
and forward the fee to the district in accordance with section	71562
3734.57 of the Revised Code and rules adopted under division (H)	71563
of that section.	71564

If the owner or operator of a solid waste transfer or	71565
disposal facility who did not receive notice pursuant to division	71566
(B) of this section to collect the fee levied by a district under	71567
division (A) of this section receives solid wastes generated in	71568
the district, the owner or operator, within thirty days after	71569
receiving the wastes, shall send written notice of that fact to	71570
the board of county commissioners or directors of the district.	71571
Within thirty days after receiving such a notice, the board of	71572
county commissioners or directors shall send written notice to the	71573
owner or operator indicating whether the district is levying a fee	71574
under division (A) of this section and, if so, the amount of the	71575
fee.	71576

(G) Moneys received by a district levying a fee under	71577
division (A) of this section shall be credited to the special fund	71578
of the district created in division (G) of section 3734.57 of the	71579
Revised Code and shall be used exclusively for the purposes	71580
specified in that division. Prior to the approval under division	71581
(A) of section 3734.56 of the Revised Code of the first amended	71582
plan that the district is required to submit for approval under	71583
that section, the approval of an initial plan under section	71584
3734.521 of the Revised Code, the approval of an amended plan	71585
under that section or division (D) of section 3734.56 of the	71586
Revised Code, or the amendment of the district's plan under	71587
division (E) of section 3734.56 of the Revised Code, moneys	71588
credited to the special fund arising from the fee levied pursuant	71589
to a resolution adopted and ratified under division (B) of this	71590
section shall be expended for those purposes in the manner	71591
prescribed by the solid waste management policy committee by	71592
resolution.	71593

(H) The fee levied under division (A) of this section does	71594
not apply to the management of solid wastes that:	71595

(1) Are disposed of at a facility owned by the generator of	71596
the wastes when the solid waste facility exclusively disposes of	71597
solid wastes generated at one or more premises owned by the	71598
generator regardless of whether the facility is located on a	71599
premises where the wastes were generated;	71600

(2) Are disposed of at facilities that exclusively dispose of	71601
wastes that are generated from the combustion of coal, or from the	71602
combustion of primarily coal in combination with scrap tires, that	71603
is not combined in any way with garbage at one or more premises	71604
owned by the generator.	71605

(I) When solid wastes that are burned in a disposal facility	71606
that is an incinerator or energy recovery facility are delivered	71607
to a solid waste transfer facility prior to being transported to	71608
the incinerator or energy recovery facility where they are burned,	71609
the fee levied under division (A) of this section shall be levied	71610
on the wastes delivered to the transfer facility.	71611

(J) When solid wastes that are burned in a disposal facility	71612
that is an incinerator or energy recovery facility are not	71613
delivered to a solid waste transfer facility prior to being	71614
transported to the incinerator or energy recovery facility where	71615
they are burned, the fee levied under division (A) of this section	71616
shall be levied on the wastes delivered to the incinerator or	71617
energy recovery facility.	71618

(K) The fee levied under division (A) of this section does	71619
not apply to sewage sludge that is generated by a waste water	71620
treatment facility holding a national pollutant discharge	71621
elimination system permit and that is disposed of through	71622
incineration, land application, or composting or at another	71623
resource recovery or disposal facility that is not a landfill.	71624

(L) The fee levied under division (A) of this section does	71625
not apply to ~~yard waste~~solid waste delivered to a solid waste	71626
composting facility for processing ~~or to a solid waste transfer~~	71627
~~facility~~. If any unprocessed solid waste or compost product is	71628
transported off the premises of a composting facility for disposal	71629
at a landfill, the fee levied under division (A) of this section	71630
applies and shall be collected by the owner or operator of the	71631
landfill.	71632

(M) The fee levied under division (A) of this section does	71633
not apply to materials separated from a mixed waste stream for	71634
recycling by the generator or materials removed from the solid	71635
waste stream as a result of recycling, as "recycling" is defined	71636
in rules adopted under section 3734.02 of the Revised Code.	71637

(N) The director of environmental protection may issue an	71638
order exempting from the fees levied under this section solid	71639
wastes, including, but not limited to, scrap tires, that are	71640
generated, transferred, or disposed of as a result of a contract	71641
providing for the expenditure of public funds entered into by the	71642
administrator or regional administrator of the United States	71643
environmental protection agency, the director of environmental	71644
protection, or the director of administrative services on behalf	71645
of the director of environmental protection for the purpose of	71646
remediating conditions at a hazardous waste facility, solid waste	71647
facility, or other location at which the administrator or regional	71648
administrator or the director of environmental protection has	71649
reason to believe that there is a substantial threat to public	71650
health or safety or the environment or that the conditions are	71651
causing or contributing to air or water pollution or soil	71652
contamination. An order issued by the director of environmental	71653
protection under this division shall include a determination that	71654
the amount of fees not received by a solid waste management	71655
district as a result of the order will not adversely impact the	71656
implementation and financing of the district's approved solid	71657
waste ~~managment~~management plan and any approved amendments to the	71658
plan. Such an order is a final action of the director of	71659
environmental protection.	71660

Sec. 3734.82. (A) The annual fee for a scrap tire recovery	71661
facility license issued under section 3734.81 of the Revised Code	71662
shall be in accordance with the following schedule:	71663

Daily Design	Annual	71664
Input Capacity	License	71665
(Tons)	Fee	71666

1 or less	$ 100	71667
2 to 25	500	71668
26 to 50	1,000	71669
51 to 100	1,500	71670
101 to 200	2,500	71671
201 to 500	3,500	71672
501 or more	5,500	71673

For the purpose of determining the applicable license fee	71674
under this division, the daily design input capacity shall be the	71675
quantity of scrap tires the facility is designed to process daily	71676
as set forth in the registration certificate or permit for the	71677
facility, and any modifications to the permit, if applicable,	71678
issued under section 3734.78 of the Revised Code.	71679

(B) The annual fee for a scrap tire monocell or monofill	71680
facility license shall be in accordance with the following	71681
schedule:	71682

Authorized Maximum	Annual	71683
Daily Waste Receipt	License	71684
(Tons)	Fee	71685
100 or less	$ 5,000	71686
101 to 200	12,500	71687
201 to 500	30,000	71688
501 or more	60,000	71689

For the purpose of determining the applicable license fee	71690
under this division, the authorized maximum daily waste receipt	71691
shall be the maximum amount of scrap tires the facility is	71692
authorized to receive daily that is established in the permit for	71693
the facility, and any modification to that permit, issued under	71694
section 3734.77 of the Revised Code.	71695

(C)(1) Except as otherwise provided in division (C)(2) of	71696
this section, the annual fee for a scrap tire storage facility	71697
license shall equal one thousand dollars times the number of acres	71698
on which scrap tires are to be stored at the facility during the	71699
license year, as set forth on the application for the annual	71700
license, except that the total annual license fee for any such	71701
facility shall not exceed three thousand dollars.	71702

(2) The annual fee for a scrap tire storage facility license	71703
for a storage facility that is owned or operated by a motor	71704
vehicle salvage dealer licensed under Chapter 4738. of the Revised	71705
Code is one hundred dollars.	71706

(D)(1) Except as otherwise provided in division (D)(2) of	71707
this section, the annual fee for a scrap tire collection facility	71708
license is two hundred dollars.	71709

(2) The annual fee for a scrap tire collection facility	71710
license for a collection facility that is owned or operated by a	71711
motor vehicle salvage dealer licensed under Chapter 4738. of the	71712
Revised Code is fifty dollars.	71713

(E) Except as otherwise provided in divisions (C)(2) and	71714
(D)(2) of this section, the same fees apply to private operators	71715
and to the state and its political subdivisions and shall be paid	71716
within thirty days after the issuance of a license. The fees	71717
include the cost of licensing, all inspections, and other costs	71718
associated with the administration of the scrap tire provisions of	71719
this chapter and rules adopted under them. Each license shall	71720
specify that it is conditioned upon payment of the applicable fee	71721
to the board of health or the director of environmental	71722
protection, as appropriate, within thirty days after the issuance	71723
of the license.	71724

(F) The board of health shall retain fifteen thousand dollars	71725
of each license fee collected by the board under division (B) of	71726
this section, or the entire amount of any such fee that is less	71727
than fifteen thousand dollars, and the entire amount of each	71728
license fee collected by the board under divisions (A), (C), and	71729
(D) of this section. The moneys retained shall be paid into a	71730
special fund, which is hereby created in each health district, and	71731
used solely to administer and enforce the scrap tire provisions of	71732
this chapter and rules adopted under them. The remainder, if any,	71733
of each license fee collected by the board under division (B) of	71734
this section shall be transmitted to the director within	71735
forty-five days after receipt of the fee.	71736

(G) The director shall transmit the moneys received by the	71737
director from license fees collected under division (B) of this	71738
section to the treasurer of state to be credited to the scrap tire	71739
management fund, which is hereby created in the state treasury.	71740
The fund shall consist of all federal moneys received by the	71741
environmental protection agency for the scrap tire management	71742
program; all grants, gifts, and contributions made to the director	71743
for that program; and all other moneys that may be provided by law	71744
for that program. The director shall use moneys in the fund as	71745
follows:	71746

(1) Expend ~~not more than seven hundred fifty thousand dollars~~	71747
~~during each fiscal year~~amounts determined necessary by the	71748
director to implement, administer, and enforce the scrap tire	71749
provisions of this chapter and rules adopted under them;	71750

(2) During each fiscal year, request the director of budget	71751
and management to, and the director of budget and management	71752
shall, transfer one million dollars to the scrap tire grant fund	71753
created in section 1502.12 of the Revised Code for ~~the purposes~~	71754
~~specified in that section;~~supporting market development	71755
activities for scrap tires and synthetic rubber from tire	71756
manufacturing processes and tire recycling processes. In addition,	71757
during a fiscal year, the director of environmental protection may	71758
request the director of budget and management to, and the director	71759
of budget and management shall, transfer up to an additional five	71760
hundred thousand dollars to the scrap tire grant fund for scrap	71761
tire amnesty events and scrap tire cleanup events.	71762

(3) ~~Expend not more than three million dollars per year~~	71763
~~during fiscal years 2002 and 2003 to conduct removal actions under~~	71764
~~section 3734.85 of the Revised Code and to make grants to boards~~	71765
~~of health under section 3734.042 of the Revised Code. However,~~	71766
~~more than three million dollars may be expended in fiscal years~~	71767
~~2002 and 2003 for the purposes of division (G)(3) of this section~~	71768
~~if more moneys are collected from the fee levied under division~~	71769
~~(A)(2) of section 3734.901 of the Revised Code. During each~~	71770
~~subsequent fiscal year the director shall expend not more than~~	71771
~~four million five hundred thousand dollars to conduct removal~~	71772
~~actions under section 3734.85 of the Revised Code and to make~~	71773
~~grants to boards of health under section 3734.042 of the Revised~~	71774
~~Code. However, more than four million five hundred thousand~~	71775
~~dollars may be expended in a fiscal year for the purposes of~~	71776
~~division (G)(3) of this section if more moneys are collected from~~	71777
~~the fee levied under division (A)(2) of section 3734.901 of the~~	71778
~~Revised Code. The director shall request the approval of the~~	71779
~~controlling board prior to the use of the moneys to conduct~~	71780
~~removal actions under section 3734.85 of the Revised Code. The~~	71781
~~request shall be accompanied by a plan describing the removal~~	71782
~~actions to be conducted during the fiscal year and an estimate of~~	71783
~~the costs of conducting them. The controlling board shall approve~~	71784
~~the plan only if it finds that the proposed removal actions are in~~	71785
~~accordance with the priorities set forth in division (B) of~~	71786
~~section 3734.85 of the Revised Code and that the costs of~~	71787
~~conducting them are reasonable. Controlling board approval is not~~	71788
~~required for grants made to boards of health under section~~	71789
~~3734.042 of the Revised Code.~~	71790

~~(H) If, during a fiscal year, more than seven million dollars~~	71791
~~are credited to the scrap tire management fund, the director, at~~	71792
~~the conclusion of the fiscal year, shall request the director of~~	71793
~~budget and management to, and the director of budget and~~	71794
~~management shall, transfer one-half of those excess moneys to the~~	71795
~~scrap tire grant fund. The director shall expend the remaining~~	71796
~~excess moneys in the scrap tire management fund to conduct removal~~	71797
~~actions under section 3734.85 of the Revised Code in accordance~~	71798
~~with the procedures established under division (I) of this~~	71799
~~section.~~	71800

~~(I) After the actions in divisions (G)(1) to (3) and (H) of~~	71801
~~this section are completed during each prior fiscal year, the~~	71802
~~director may expend up to the balance remaining from prior fiscal~~	71803
~~years in the scrap tire management fund to conduct removal actions~~	71804
~~under section 3734.85 of the Revised Code. Prior to using any~~	71805
~~moneys in the fund for that purpose in a fiscal year, the director~~	71806
~~shall request the approval of the controlling board for that use~~	71807
~~of the moneys. The request shall be accompanied by a plan~~	71808
~~describing the removal actions to be conducted during the fiscal~~	71809
~~year and an estimate of the costs of conducting them. The~~	71810
~~controlling board shall approve the plan only if the board finds~~	71811
~~that the proposed removal actions are in accordance with the~~	71812
~~priorities set forth in division (B) of section 3734.85 of the~~	71813
~~Revised Code and that the costs of conducting them are reasonable~~	71814
After the expenditures and transfers are made under divisions	71815
(G)(1) and (2) of this section, expend the balance of the money	71816
in the scrap tire management fund remaining in each fiscal year	71817
to conduct removal actions under section 3734.85 of the Revised	71818
Code and to provide grants to boards of health under section	71819
3734.042 of the Revised Code.	71820

Sec. 3734.901. (A)(1) For the purpose of providing revenue	71821
to defray the cost of administering and enforcing the scrap tire	71822
provisions of this chapter, rules adopted under those provisions,	71823
and terms and conditions of orders, variances, and licenses issued	71824
under those provisions; to abate accumulations of scrap tires; to	71825
make grants ~~to promote research regarding alternative methods of~~	71826
~~recycling scrap tires and~~supporting market development activities	71827
for scrap tires and synthetic rubber from tire manufacturing	71828
processes and tire recycling processes and to support scrap tire	71829
amnesty and cleanup events; to make loans to promote the recycling	71830
or recovery of energy from scrap tires; and to defray the costs of	71831
administering and enforcing sections 3734.90 to 3734.9014 of the	71832
Revised Code, a fee of fifty cents per tire is hereby levied on	71833
the sale of tires. The proceeds of the fee shall be deposited in	71834
the state treasury to the credit of the scrap tire management fund	71835
created in section 3734.82 of the Revised Code. The fee is levied	71836
from the first day of the calendar month that begins next after	71837
thirty days from October 29, 1993, through June 30, 2011.	71838

(2) Beginning on September 5, 2001, and ending on June 30,	71839
2011, there is hereby levied an additional fee of fifty cents per	71840
tire on the sale of tires the proceeds of which shall be deposited	71841
in the state treasury to the credit of the scrap tire management	71842
fund ~~created in section 3734.82 of the Revised Code~~ and be used	71843
exclusively for the purposes specified in division (G)(3) of that	71844
section.	71845

(B) Only one sale of the same article shall be used in	71846
computing the amount of the fee due.	71847

Sec. 3734.9010. Two per cent of all amounts paid to the	71848
treasurer of state pursuant to sections 3734.90 to 3734.9014 of	71849
the Revised Code shall be certified directly to the credit of the	71850
tire fee administrative fund, which is hereby created in the state	71851
treasury, for appropriation to the department of taxation for use	71852
in administering those sections. The remainder of the amounts paid	71853
to the treasurer of state shall be deposited ~~to the credit of the~~	71854
~~scrap tire management fund created~~and credited in accordance	71855
with section ~~3734.82~~3734.901 of the Revised Code.	71856

Sec. 3737.71. Each insurance company doing business in this	71857
state shall pay to the state in installments, at the time of	71858
making the payments required by section 5729.05 of the Revised	71859
Code, in addition to the taxes required to be paid by it,	71860
three-fourths of one per cent on the gross premium receipts	71861
derived from fire insurance and that portion of the premium	71862
reasonably allocable to insurance against the hazard of fire	71863
included in other coverages except life and sickness and accident	71864
insurance, after deducting return premiums paid and considerations	71865
received for reinsurances as shown by the annual statement of such	71866
company made pursuant to sections 3929.30, 3931.06, and 5729.02 of	71867
the Revised Code. The money received shall be paid into the state	71868
treasury to the credit of the state fire marshal's fund, which is	71869
hereby created. The fund shall be used for the maintenance and	71870
administration of the office of the fire marshal and the Ohio fire	71871
academy established by section 3737.33 of the Revised Code. If the	71872
director of commerce certifies to the director of budget and	71873
management that the cash balance in the state fire marshal's fund	71874
is in excess of the amount needed to pay ongoing operating	71875
expenses, the director of commerce, with the approval of the	71876
director of budget and management, may use the excess amount to	71877
acquire by purchase, lease, or otherwise, real property or	71878
interests in real property to be used for the benefit of the	71879
office of the state fire marshal, or to construct, acquire,	71880
enlarge, equip, furnish, or improve the fire marshal's office	71881
facilities or the facilities of the Ohio fire academy. The state	71882
fire marshal's fund shall be assessed a proportionate share of	71883
the administrative costs of the department of commerce in	71884
accordance with procedures prescribed by the director of commerce	71885
and approved by the director of budget and management. Such	71886
assessment shall be paid from the state fire marshal's fund to	71887
the division of administration fund.	71888

Notwithstanding any other provision in this section, if the	71889
director of budget and management determines at any time that the	71890
money in the state fire marshal's fund exceeds the amount	71891
necessary to defray ongoing operating expenses in a fiscal year,	71892
the director may transfer the excess to the general revenue fund	71893
.	71894

Sec. 3743.04. (A) The license of a manufacturer of fireworks	71895
is effective for one year beginning on the first day of December.	71896
The state fire marshal shall issue or renew a license only on that	71897
date and at no other time. If a manufacturer of fireworks wishes	71898
to continue manufacturing fireworks at the designated fireworks	71899
plant after its then effective license expires, it shall apply no	71900
later than the first day of October for a new license pursuant to	71901
section 3743.02 of the Revised Code. The state fire marshal shall	71902
send a written notice of the expiration of its license to a	71903
licensed manufacturer at least three months before the expiration	71904
date.	71905

(B) If, during the effective period of its licensure, a	71906
licensed manufacturer of fireworks wishes to construct, locate, or	71907
relocate any buildings or other structures on the premises of its	71908
fireworks plant, to make any structural change or renovation in	71909
any building or other structure on the premises of its fireworks	71910
plant, or to change the nature of its manufacturing of fireworks	71911
so as to include the processing of fireworks, the manufacturer	71912
shall notify the state fire marshal in writing. The state fire	71913
marshal may require a licensed manufacturer also to submit	71914
documentation, including, but not limited to, plans covering the	71915
proposed construction, location, relocation, structural change or	71916
renovation, or change in manufacturing of fireworks, if the state	71917
fire marshal determines the documentation is necessary for	71918
evaluation purposes in light of the proposed construction,	71919
location, relocation, structural change or renovation, or change	71920
in manufacturing of fireworks.	71921

Upon receipt of the notification and additional documentation	71922
required by the state fire marshal, the state fire marshal shall	71923
inspect the premises of the fireworks plant to determine if the	71924
proposed construction, location, relocation, structural change or	71925
renovation, or change in manufacturing of fireworks conforms to	71926
sections 3743.02 to 3743.08 of the Revised Code and the rules	71927
adopted by the state fire marshal pursuant to section 3743.05 of	71928
the Revised Code. The state fire marshal shall issue a written	71929
authorization to the manufacturer for the construction, location,	71930
relocation, structural change or renovation, or change in	71931
manufacturing of fireworks if the state fire marshal determines,	71932
upon the inspection and a review of submitted documentation, that	71933
the construction, location, relocation, structural change or	71934
renovation, or change in manufacturing of fireworks conforms to	71935
those sections and rules. Upon authorizing a change in	71936
manufacturing of fireworks to include the processing of	71937
fireworks, the state fire marshal shall make notations on the	71938
manufacturer's license and in the list of licensed manufacturers	71939
in accordance with section 3743.03 of the Revised Code.	71940

On or before June 1, 1998, a licensed manufacturer shall	71941
install, in every licensed building in which fireworks are	71942
manufactured, stored, or displayed and to which the public has	71943
access, interlinked fire detection, smoke exhaust, and smoke	71944
evacuation systems that are approved by the superintendent of ~~the~~	71945
~~division of industrial compliance~~labor, and shall comply with	71946
floor plans showing occupancy load limits and internal circulation	71947
and egress patterns that are approved by the state fire marshal	71948
and superintendent, and that are submitted under seal as required	71949
by section 3791.04 of the Revised Code. Notwithstanding section	71950
3743.59 of the Revised Code, the construction and safety	71951
requirements established in this division are not subject to any	71952
variance, waiver, or exclusion.	71953

(C) The license of a manufacturer of fireworks authorizes the	71954
manufacturer to engage only in the following activities:	71955

(1) The manufacturing of fireworks on the premises of the	71956
fireworks plant as described in the application for licensure or	71957
in the notification submitted under division (B) of this section,	71958
except that a licensed manufacturer shall not engage in the	71959
processing of fireworks unless authorized to do so by its license.	71960

(2) To possess for sale at wholesale and sell at wholesale	71961
the fireworks manufactured by the manufacturer, to persons who are	71962
licensed wholesalers of fireworks, to out-of-state residents in	71963
accordance with section 3743.44 of the Revised Code, to residents	71964
of this state in accordance with section 3743.45 of the Revised	71965
Code, or to persons located in another state provided the	71966
fireworks are shipped directly out of this state to them by the	71967
manufacturer. A person who is licensed as a manufacturer of	71968
fireworks on June 14, 1988, also may possess for sale and sell	71969
pursuant to division (C)(2) of this section fireworks other than	71970
those the person manufactures. The possession for sale shall be on	71971
the premises of the fireworks plant described in the application	71972
for licensure or in the notification submitted under division (B)	71973
of this section, and the sale shall be from the inside of a	71974
licensed building and from no other structure or device outside a	71975
licensed building. At no time shall a licensed manufacturer sell	71976
any class of fireworks outside a licensed building.	71977

(3) Possess for sale at retail and sell at retail the	71978
fireworks manufactured by the manufacturer, other than 1.4G	71979
fireworks as designated by the state fire marshal in rules adopted	71980
pursuant to division (A) of section 3743.05 of the Revised Code,	71981
to licensed exhibitors in accordance with sections 3743.50 to	71982
3743.55 of the Revised Code, and possess for sale at retail and	71983
sell at retail the fireworks manufactured by the manufacturer,	71984
including 1.4G fireworks, to out-of-state residents in accordance	71985
with section 3743.44 of the Revised Code, to residents of this	71986
state in accordance with section 3743.45 of the Revised Code, or	71987
to persons located in another state provided the fireworks are	71988
shipped directly out of this state to them by the manufacturer. A	71989
person who is licensed as a manufacturer of fireworks on June 14,	71990
1988, may also possess for sale and sell pursuant to division	71991
(C)(3) of this section fireworks other than those the person	71992
manufactures. The possession for sale shall be on the premises of	71993
the fireworks plant described in the application for licensure or	71994
in the notification submitted under division (B) of this section,	71995
and the sale shall be from the inside of a licensed building and	71996
from no other structure or device outside a licensed building. At	71997
no time shall a licensed manufacturer sell any class of fireworks	71998
outside a licensed building.	71999

A licensed manufacturer of fireworks shall sell under	72000
division (C) of this section only fireworks that meet the	72001
standards set by the consumer product safety commission or by the	72002
American fireworks standard laboratories or that have received an	72003
EX number from the United States department of transportation.	72004

(D) The license of a manufacturer of fireworks shall be	72005
protected under glass and posted in a conspicuous place on the	72006
premises of the fireworks plant. Except as otherwise provided in	72007
this division, the license is not transferable or assignable. A	72008
license may be transferred to another person for the same	72009
fireworks plant for which the license was issued if the assets of	72010
the plant are transferred to that person by inheritance or by a	72011
sale approved by the state fire marshal. The license is subject to	72012
revocation in accordance with section 3743.08 of the Revised Code.	72013

(E) The state fire marshal shall not place the license of a	72014
manufacturer of fireworks in a temporarily inactive status while	72015
the holder of the license is attempting to qualify to retain the	72016
license.	72017

(F) Each licensed manufacturer of fireworks that possesses	72018
fireworks for sale and sells fireworks under division (C) of	72019
section 3743.04 of the Revised Code, or a designee of the	72020
manufacturer, whose identity is provided to the state fire marshal	72021
by the manufacturer, annually shall attend a continuing education	72022
program. The state fire marshal shall develop the program and the	72023
state fire marshal or a person or public agency approved by the	72024
state fire marshal shall conduct it. A licensed manufacturer or	72025
the manufacturer's designee who attends a program as required	72026
under this division, within one year after attending the program,	72027
shall conduct in-service training as approved by the state fire	72028
marshal for other employees of the licensed manufacturer	72029
regarding the information obtained in the program. A licensed	72030
manufacturer shall provide the state fire marshal with notice of	72031
the date, time, and place of all in-service training. For any	72032
program conducted under this division, the state fire marshal	72033
shall, in accordance with rules adopted by the state fire	72034
marshal under Chapter 119. of the Revised Code, establish the	72035
subjects to be taught, the length of classes, the standards for	72036
approval, and time periods for notification by the licensee to	72037
the state fire marshal of any in-service training.	72038

(G) A licensed manufacturer shall maintain comprehensive	72039
general liability insurance coverage in the amount and type	72040
specified under division (B)(2) of section 3743.02 of the Revised	72041
Code at all times. Each policy of insurance required under this	72042
division shall contain a provision requiring the insurer to give	72043
not less than fifteen days' prior written notice to the state fire	72044
marshal before termination, lapse, or cancellation of the policy,	72045
or any change in the policy that reduces the coverage below the	72046
minimum required under this division. Prior to canceling or	72047
reducing the amount of coverage of any comprehensive general	72048
liability insurance coverage required under this division, a	72049
licensed manufacturer shall secure supplemental insurance in an	72050
amount and type that satisfies the requirements of this division	72051
so that no lapse in coverage occurs at any time. A licensed	72052
manufacturer who secures supplemental insurance shall file	72053
evidence of the supplemental insurance with the state fire marshal	72054
prior to canceling or reducing the amount of coverage of any	72055
comprehensive general liability insurance coverage required under	72056
this division.	72057

(H) The state fire marshal shall adopt rules for the	72058
expansion or contraction of a licensed premises and for approval	72059
of such expansions or contractions. The boundaries of a licensed	72060
premises, including any geographic expansion or contraction of	72061
those boundaries, shall be approved by the state fire marshal in	72062
accordance with rules the state fire marshal adopts. If the	72063
licensed premises consists of more than one parcel of real	72064
estate, those parcels shall be contiguous unless an exception is	72065
allowed pursuant to division (I) of this section.	72066

(I)(1) A licensed manufacturer may expand its licensed	72067
premises within this state to include not more than two storage	72068
locations that are located upon one or more real estate parcels	72069
that are noncontiguous to the licensed premises as that licensed	72070
premises exists on the date a licensee submits an application as	72071
described below, if all of the following apply:	72072

(a) The licensee submits an application to the state fire	72073
marshal and an application fee of one hundred dollars per storage	72074
location for which the licensee is requesting approval.	72075

(b) The identity of the holder of the license remains the	72076
same at the storage location.	72077

(c) The storage location has received a valid certificate of	72078
zoning compliance as applicable and a valid certificate of	72079
occupancy for each building or structure at the storage location	72080
issued by the authority having jurisdiction to issue the	72081
certificate for the storage location, and those certificates	72082
permit the distribution and storage of fireworks regulated under	72083
this chapter at the storage location and in the buildings or	72084
structures. The storage location shall be in compliance with all	72085
other applicable federal, state, and local laws and regulations.	72086

(d) Every building or structure located upon the storage	72087
location is separated from occupied residential and nonresidential	72088
buildings or structures, railroads, highways, or any other	72089
buildings or structures on the licensed premises in accordance	72090
with the distances specified in the rules adopted by the state	72091
fire marshal pursuant to section 3743.05 of the Revised Code.	72092

(e) Neither the licensee nor any person holding, owning, or	72093
controlling a five per cent or greater beneficial or equity	72094
interest in the licensee has been convicted of or pleaded guilty	72095
to a felony under the laws of this state, any other state, or the	72096
United States, after September 29, 2005.	72097

(f) The state fire marshal approves the application for	72098
expansion.	72099

(2) The state fire marshal shall approve an application for	72100
expansion requested under division (I)(1) of this section if the	72101
state fire marshal receives the application fee and proof that	72102
the requirements of divisions (I)(1)(b) to (e) of this section	72103
are satisfied. The storage location shall be considered part of	72104
the original licensed premises and shall use the same distinct	72105
number assigned to the original licensed premises with any	72106
additional designations as the state fire marshal deems necessary	72107
in accordance with section 3743.03 of the Revised Code.	72108

(J)(1) A licensee who obtains approval for the use of a	72109
storage location in accordance with division (I) of this section	72110
shall use the storage location exclusively for the following	72111
activities, in accordance with division (C) of this section:	72112

(a) The packaging, assembling, or storing of fireworks, which	72113
shall only occur in buildings or structures approved for such	72114
hazardous uses by the building code official having jurisdiction	72115
for the storage location or, for 1.4G fireworks, in containers or	72116
trailers approved for such hazardous uses by the state fire	72117
marshal if such containers or trailers are not subject to	72118
regulation by the building code adopted in accordance with	72119
Chapter 3781. of the Revised Code. All such storage shall be in	72120
accordance with the rules adopted by the state fire marshal	72121
under division (G) of section 3743.05 of the Revised Code for	72122
the packaging, assembling, and storage of fireworks.	72123

(b) Distributing fireworks to other parcels of real estate	72124
located on the manufacturer's licensed premises, to licensed	72125
wholesalers or other licensed manufacturers in this state or to	72126
similarly licensed persons located in another state or country;	72127

(c) Distributing fireworks to a licensed exhibitor of	72128
fireworks pursuant to a properly issued permit in accordance with	72129
section 3743.54 of the Revised Code.	72130

(2) A licensed manufacturer shall not engage in any sales	72131
activity, including the retail sale of fireworks otherwise	72132
permitted under division (C)(2) or (C)(3) of this section, or	72133
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the	72134
storage location approved under this section.	72135

(3) A storage location may not be relocated for a minimum	72136
period of five years after the storage location is approved by the	72137
state fire marshal in accordance with division (I) of this	72138
section.	72139

(K) The licensee shall prohibit public access to the storage	72140
location. The state fire marshal shall adopt rules to describe the	72141
acceptable measures a manufacturer shall use to prohibit access to	72142
the storage site.	72143

Sec. 3743.25. (A)(1) Except as described in division (A)(2)	72144
of this section, all retail sales of 1.4G fireworks by a licensed	72145
manufacturer or wholesaler shall only occur from an approved	72146
retail sales showroom on a licensed premises or from a	72147
representative sample showroom as described in this section on a	72148
licensed premises. For the purposes of this section, a retail sale	72149
includes the transfer of the possession of the 1.4G fireworks from	72150
the licensed manufacturer or wholesaler to the purchaser of the	72151
fireworks.	72152

(2) Sales of 1.4G fireworks to a licensed exhibitor for a	72153
properly permitted exhibition shall occur in accordance with the	72154
provisions of the Revised Code and rules adopted by the state fire	72155
marshal under Chapter 119. of the Revised Code. Such rules shall	72156
specify, at a minimum, that the licensed exhibitor holds a license	72157
under section 3743.51 of the Revised Code, that the exhibitor	72158
possesses a valid exhibition permit issued in accordance with	72159
section 3743.54 of the Revised Code, and that the fireworks	72160
shipped are to be used at the specifically permitted exhibition.	72161

(B) All wholesale sales of fireworks by a licensed	72162
manufacturer or wholesaler shall only occur from a licensed	72163
premises to persons who intend to resell the fireworks purchased	72164
at wholesale. A wholesale sale by a licensed manufacturer or	72165
wholesaler may occur as follows:	72166

(1) The direct sale and shipment of fireworks to a person	72167
outside of this state;	72168

(2) From an approved retail sales showroom as described in	72169
this section;	72170

(3) From a representative sample showroom as described in	72171
this section;	72172

(4) By delivery of wholesale fireworks to a purchaser at a	72173
licensed premises outside of a structure or building on that	72174
premises. All other portions of the wholesale sales transaction	72175
may occur at any location on a licensed premises.	72176

(5) Any other method as described in rules adopted by the	72177
state fire marshal under Chapter 119. of the Revised Code.	72178

(C) A licensed manufacturer or wholesaler shall only sell	72179
1.4G fireworks from a representative sample showroom or a retail	72180
sales showroom. Each licensed premises shall only contain one	72181
sales structure.	72182

A representative sample showroom shall consist of a structure	72183
constructed and maintained in accordance with the nonresidential	72184
building code adopted under Chapter 3781. of the Revised Code and	72185
the fire code adopted under section 3737.82 of the Revised Code	72186
for a use and occupancy group that permits mercantile sales. A	72187
representative sample showroom shall not contain any pyrotechnics,	72188
pyrotechnic materials, fireworks, explosives, explosive materials,	72189
or any similar hazardous materials or substances. A representative	72190
sample showroom shall be used only for the public viewing of	72191
fireworks product representations, including paper materials,	72192
packaging materials, catalogs, photographs, or other similar	72193
product depictions. The delivery of product to a purchaser of	72194
fireworks at a licensed premises that has a representative sample	72195
structure shall not occur inside any structure on a licensed	72196
premises. Such product delivery shall occur on the licensed	72197
premises in a manner prescribed by rules adopted by the state fire	72198
marshal pursuant to Chapter 119. of the Revised Code.	72199

If a manufacturer or wholesaler elects to conduct sales from	72200
a retail sales showroom, the showroom structures, to which the	72201
public may have any access and in which employees are required to	72202
work, on all licensed premises, shall comply with the following	72203
safety requirements:	72204

(1) A fireworks showroom that is constructed or upon which	72205
expansion is undertaken on and after June 30, 1997, shall be	72206
equipped with interlinked fire detection, fire suppression, smoke	72207
exhaust, and smoke evacuation systems that are approved by the	72208
superintendent of ~~the division of industrial compliance~~labor in	72209
the department of commerce.	72210

(2) A fireworks showroom that first begins to operate on or	72211
after June 30, 1997, and to which the public has access for	72212
retail purposes shall not exceed five thousand square feet in	72213
floor area.	72214

(3) A newly constructed or an existing fireworks showroom	72215
structure that exists on ~~the effective date of this amendment~~	72216
September 23, 2008, but that, on or after ~~the effective date of~~	72217
~~this amendment~~September 23, 2008, is altered or added to in a	72218
manner requiring the submission of plans, drawings,	72219
specifications, or data pursuant to section 3791.04 of the	72220
Revised Code, shall comply with a graphic floor plan layout	72221
that is approved by the state fire marshal and superintendent of	72222
~~the division of industrial compliance~~ showing width of aisles,	72223
parallel arrangement of aisles to exits, number of exits per	72224
wall, maximum occupancy load, evacuation plan for occupants,	72225
height of storage or display of merchandise, and other	72226
information as may be required by the state fire marshal and	72227
superintendent.	72228

(4) A fireworks showroom structure that exists on June 30,	72229
1997, shall be in compliance on or after June 30, 1997, with	72230
floor plans showing occupancy load limits and internal	72231
circulation and egress patterns that are approved by the state	72232
fire marshal and superintendent ~~of industrial compliance~~, and	72233
that are submitted under seal as required by section 3791.04 of	72234
the Revised Code.	72235

(D) The safety requirements established in division (C) of	72236
this section are not subject to any variance, waiver, or	72237
exclusion pursuant to this chapter or any applicable building	72238
code.	72239

Sec. 3745.015. There is hereby created in the state treasury	72240
the environmental protection fund consisting of money credited to	72241
the fund under division (A)(3) of section 3714.073 and division	72242
(A)(3) of section 3734.57 of the Revised Code. The environmental	72243
protection agency shall use money in the fund to pay the agency's	72244
costs associated with administering and enforcing, or otherwise	72245
conducting activities under, this chapter and Chapters 3704.,	72246
3734., 3746., 3747., 3748., 3750., 3751., 3752., 3753., 5709.,	72247
6101., 6103., 6105., 6109., 6111., 6112., 6113., 6115., 6117., and	72248
6119. and sections 122.65 and 1521.19 of the Revised Code.	72249

Sec. 3745.11. (A) Applicants for and holders of permits,	72250
licenses, variances, plan approvals, and certifications issued by	72251
the director of environmental protection pursuant to Chapters	72252
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	72253
to the environmental protection agency for each such issuance and	72254
each application for an issuance as provided by this section. No	72255
fee shall be charged for any issuance for which no application has	72256
been submitted to the director.	72257

(B) Each person who is issued a permit to install prior to	72258
July 1, 2003, pursuant to rules adopted under division (F) of	72259
section 3704.03 of the Revised Code shall pay the fees specified	72260
in the following schedules:	72261

(1) Fuel-burning equipment (boilers)

72262

Input capacity (maximum)					72263
(million British thermal units per hour)		Permit to install			72264

Greater than 0, but less than 10	$ 200	72265
10 or more, but less than 100	400	72266
100 or more, but less than 300	800	72267
300 or more, but less than 500	1500	72268
500 or more, but less than 1000	2500	72269
1000 or more, but less than 5000	4000	72270
5000 or more	6000	72271

Units burning exclusively natural gas, number two fuel oil,	72272
or both shall be assessed a fee that is one-half of the applicable	72273
amount established in division (F)(1) of this section.	72274

(2) Incinerators

72275

Input capacity (pounds per hour)

Permit to install

72276

0 to 100	$ 100	72277
101 to 500	400	72278
501 to 2000	750	72279
2001 to 20,000	1000	72280
more than 20,000	2500	72281

(3)(a) Process

72282

Process weight rate (pounds per hour)

Permit to install

72283

0 to 1000	$ 200	72284
1001 to 5000	400	72285
5001 to 10,000	600	72286
10,001 to 50,000	800	72287
more than 50,000	1000	72288

In any process where process weight rate cannot be	72289
ascertained, the minimum fee shall be assessed.	72290

(b) Notwithstanding division (B)(3)(a) of this section, any	72291
person issued a permit to install pursuant to rules adopted under	72292
division (F) of section 3704.03 of the Revised Code shall pay the	72293
fees established in division (B)(3)(c) of this section for a	72294
process used in any of the following industries, as identified by	72295
the applicable four-digit standard industrial classification code	72296
according to the Standard Industrial Classification Manual	72297
published by the United States office of management and budget in	72298
the executive office of the president, 1972, as revised:	72299

1211 Bituminous coal and lignite mining;

72300

1213 Bituminous coal and lignite mining services;

72301

1411 Dimension stone;

72302

1422 Crushed and broken limestone;

72303

1427 Crushed and broken stone, not elsewhere classified;

72304

1442 Construction sand and gravel;

72305

1446 Industrial sand;

72306

3281 Cut stone and stone products;

72307

3295 Minerals and earth, ground or otherwise treated.

72308

(c) The fees established in the following schedule apply to	72309
the issuance of a permit to install pursuant to rules adopted	72310
under division (F) of section 3704.03 of the Revised Code for a	72311
process listed in division (B)(3)(b) of this section:	72312

Process weight rate (pounds per hour)

Permit to install

72313

0 to 1000	$ 200	72314
10,001 to 50,000	300	72315
50,001 to 100,000	400	72316
100,001 to 200,000	500	72317
200,001 to 400,000	600	72318
400,001 or more	700	72319

(4) Storage tanks

72320

Gallons (maximum useful capacity)

Permit to install

72321

0 to 20,000	$ 100	72322
20,001 to 40,000	150	72323
40,001 to 100,000	200	72324
100,001 to 250,000	250	72325
250,001 to 500,000	350	72326
500,001 to 1,000,000	500	72327
1,000,001 or greater	750	72328

(5) Gasoline/fuel dispensing facilities

72329

For each gasoline/fuel dispensing		Permit to install			72330
facility		$ 100			72331

(6) Dry cleaning facilities

72332

For each dry cleaning facility		Permit to install			72333
(includes all units at the facility)		$ 100			72334

(7) Registration status

72335

For each source covered		Permit to install			72336
by registration status		$ 75			72337

(C)(1) Except as otherwise provided in division (C)(2) of	72338
this section, beginning July 1, 1994, each person who owns or	72339
operates an air contaminant source and who is required to apply	72340
for and obtain a Title V permit under section 3704.036 of the	72341
Revised Code shall pay the fees set forth in division (C)(1) of	72342
this section. For the purposes of that division, total emissions	72343
of air contaminants may be calculated using engineering	72344
calculations, emissions factors, material balance calculations, or	72345
performance testing procedures, as authorized by the director.	72346

The following fees shall be assessed on the total actual	72347
emissions from a source in tons per year of the regulated	72348
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	72349
organic compounds, and lead:	72350

(a) Fifteen dollars per ton on the total actual emissions of	72351
each such regulated pollutant during the period July through	72352
December 1993, to be collected no sooner than July 1, 1994;	72353

(b) Twenty dollars per ton on the total actual emissions of	72354
each such regulated pollutant during calendar year 1994, to be	72355
collected no sooner than April 15, 1995;	72356

(c) Twenty-five dollars per ton on the total actual emissions	72357
of each such regulated pollutant in calendar year 1995, and each	72358
subsequent calendar year, to be collected no sooner than the	72359
fifteenth day of April of the year next succeeding the calendar	72360
year in which the emissions occurred.	72361

The fees levied under division (C)(1) of this section do not	72362
apply to that portion of the emissions of a regulated pollutant at	72363
a facility that exceed four thousand tons during a calendar year.	72364

(2) The fees assessed under division (C)(1) of this section	72365
are for the purpose of providing funding for the Title V permit	72366
program.	72367

(3) The fees assessed under division (C)(1) of this section	72368
do not apply to emissions from any electric generating unit	72369
designated as a Phase I unit under Title IV of the federal Clean	72370
Air Act prior to calendar year 2000. Those fees shall be assessed	72371
on the emissions from such a generating unit commencing in	72372
calendar year 2001 based upon the total actual emissions from the	72373
generating unit during calendar year 2000 and shall continue to be	72374
assessed each subsequent calendar year based on the total actual	72375
emissions from the generating unit during the preceding calendar	72376
year.	72377

(4) The director shall issue invoices to owners or operators	72378
of air contaminant sources who are required to pay a fee assessed	72379
under division (C) or (D) of this section. Any such invoice shall	72380
be issued no sooner than the applicable date when the fee first	72381
may be collected in a year under the applicable division, shall	72382
identify the nature and amount of the fee assessed, and shall	72383
indicate that the fee is required to be paid within thirty days	72384
after the issuance of the invoice.	72385

(D)(1) Except as provided in division (D)(3) of this section,	72386
from January 1, 1994, through December 31, 2003, each person who	72387
owns or operates an air contaminant source; who is required to	72388
apply for a permit to operate pursuant to rules adopted under	72389
division (G), or a variance pursuant to division (H), of section	72390
3704.03 of the Revised Code; and who is not required to apply for	72391
and obtain a Title V permit under section 3704.036 of the Revised	72392
Code shall pay a single fee based upon the sum of the actual	72393
annual emissions from the facility of the regulated pollutants	72394
particulate matter, sulfur dioxide, nitrogen oxides, organic	72395
compounds, and lead in accordance with the following schedule:	72396

Total tons per year		72397
of regulated pollutants	Annual fee	72398
emitted	per facility	72399
More than 0, but less than 50	$ 75	72400
50 or more, but less than 100	300	72401
100 or more	700	72402

(2) Except as provided in division (D)(3) of this section,	72403
beginning January 1, 2004, each person who owns or operates an air	72404
contaminant source; who is required to apply for a permit to	72405
operate pursuant to rules adopted under division (G), or a	72406
variance pursuant to division (H), of section 3704.03 of the	72407
Revised Code; and who is not required to apply for and obtain a	72408
Title V permit under section 3704.03 of the Revised Code shall pay	72409
a single fee based upon the sum of the actual annual emissions	72410
from the facility of the regulated pollutants particulate matter,	72411
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	72412
accordance with the following schedule:	72413

Total tons per year		72414
of regulated pollutants	Annual fee	72415
emitted	per facility	72416
More than 0, but less than 10	$ 100	72417
10 or more, but less than 50	200	72418
50 or more, but less than 100	300	72419
100 or more	700	72420

(3)(a) As used in division (D) of this section, "synthetic	72421
minor facility" means a facility for which one or more permits to	72422
install or permits to operate have been issued for the air	72423
contaminant sources at the facility that include terms and	72424
conditions that lower the facility's potential to emit air	72425
contaminants below the major source thresholds established in	72426
rules adopted under section 3704.036 of the Revised Code.	72427

(b) Beginning January 1, 2000, through June 30, ~~2010~~2012,	72428
each person who owns or operates a synthetic minor facility shall	72429
pay an annual fee based on the sum of the actual annual emissions	72430
from the facility of particulate matter, sulfur dioxide, nitrogen	72431
dioxide, organic compounds, and lead in accordance with the	72432
following schedule:	72433

Combined total tons		72434
per year of all regulated	Annual fee	72435
pollutants emitted	per facility	72436

Less than 10	$ 170	72437
10 or more, but less than 20	340	72438
20 or more, but less than 30	670	72439
30 or more, but less than 40	1,010	72440
40 or more, but less than 50	1,340	72441
50 or more, but less than 60	1,680	72442
60 or more, but less than 70	2,010	72443
70 or more, but less than 80	2,350	72444
80 or more, but less than 90	2,680	72445
90 or more, but less than 100	3,020	72446
100 or more	3,350	72447

(4) The fees assessed under division (D)(1) of this section	72448
shall be collected annually no sooner than the fifteenth day of	72449
April, commencing in 1995. The fees assessed under division	72450
(D)(2) of this section shall be collected annually no sooner than	72451
the fifteenth day of April, commencing in 2005. The fees assessed	72452
under division (D)(3) of this section shall be collected no sooner	72453
than the fifteenth day of April, commencing in 2000. The fees	72454
assessed under division (D) of this section in a calendar year	72455
shall be based upon the sum of the actual emissions of those	72456
regulated pollutants during the preceding calendar year. For the	72457
purpose of division (D) of this section, emissions of air	72458
contaminants may be calculated using engineering calculations,	72459
emission factors, material balance calculations, or performance	72460
testing procedures, as authorized by the director. The director,	72461
by rule, may require persons who are required to pay the fees	72462
assessed under division (D) of this section to pay those fees	72463
biennially rather than annually.	72464

(E)(1) Consistent with the need to cover the reasonable costs	72465
of the Title V permit program, the director annually shall	72466
increase the fees prescribed in division (C)(1) of this section by	72467
the percentage, if any, by which the consumer price index for the	72468
most recent calendar year ending before the beginning of a year	72469
exceeds the consumer price index for calendar year 1989. Upon	72470
calculating an increase in fees authorized by division (E)(1) of	72471
this section, the director shall compile revised fee schedules for	72472
the purposes of division (C)(1) of this section and shall make the	72473
revised schedules available to persons required to pay the fees	72474
assessed under that division and to the public.	72475

(2) For the purposes of division (E)(1) of this section:

72476

(a) The consumer price index for any year is the average of	72477
the consumer price index for all urban consumers published by the	72478
United States department of labor as of the close of the	72479
twelve-month period ending on the thirty-first day of August of	72480
that year.	72481

(b) If the 1989 consumer price index is revised, the director	72482
shall use the revision of the consumer price index that is most	72483
consistent with that for calendar year 1989.	72484

(F) Each person who is issued a permit to install pursuant to	72485
rules adopted under division (F) of section 3704.03 of the Revised	72486
Code on or after July 1, 2003, shall pay the fees specified in the	72487
following schedules:	72488

(1) Fuel-burning equipment (boilers, furnaces, or process	72489
heaters used in the process of burning fuel for the primary	72490
purpose of producing heat or power by indirect heat transfer)	72491

Input capacity (maximum)		72492
(million British thermal units per hour)	Permit to install	72493
Greater than 0, but less than 10	$ 200	72494
10 or more, but less than 100	400	72495
100 or more, but less than 300	1000	72496
300 or more, but less than 500	2250	72497
500 or more, but less than 1000	3750	72498
1000 or more, but less than 5000	6000	72499
5000 or more	9000	72500

Units burning exclusively natural gas, number two fuel oil,	72501
or both shall be assessed a fee that is one-half the applicable	72502
amount shown in division (F)(1) of this section.	72503

(2) Combustion turbines and stationary internal combustion	72504
engines designed to generate electricity	72505

Generating capacity (mega watts)	Permit to install	72506
0 or more, but less than 10	$ 25	72507
10 or more, but less than 25	150	72508
25 or more, but less than 50	300	72509
50 or more, but less than 100	500	72510
100 or more, but less than 250	1000	72511
250 or more	2000	72512

(3) Incinerators

72513

Input capacity (pounds per hour)	Permit to install	72514
0 to 100	$ 100	72515
101 to 500	500	72516
501 to 2000	1000	72517
2001 to 20,000	1500	72518
more than 20,000	3750	72519

(4)(a) Process

72520

Process weight rate (pounds per hour)	Permit to install	72521
0 to 1000	$ 200	72522
1001 to 5000	500	72523
5001 to 10,000	750	72524
10,001 to 50,000	1000	72525
more than 50,000	1250	72526

In any process where process weight rate cannot be	72527
ascertained, the minimum fee shall be assessed. A boiler, furnace,	72528
combustion turbine, stationary internal combustion engine, or	72529
process heater designed to provide direct heat or power to a	72530
process not designed to generate electricity shall be assessed a	72531
fee established in division (F)(4)(a) of this section. A	72532
combustion turbine or stationary internal combustion engine	72533
designed to generate electricity shall be assessed a fee	72534
established in division (F)(2) of this section.	72535

(b) Notwithstanding division (F)(4)(a) of this section, any	72536
person issued a permit to install pursuant to rules adopted under	72537
division (F) of section 3704.03 of the Revised Code shall pay the	72538
fees set forth in division (F)(4)(c) of this section for a process	72539
used in any of the following industries, as identified by the	72540
applicable two-digit, three-digit, or four-digit standard	72541
industrial classification code according to the Standard	72542
Industrial Classification Manual published by the United States	72543
office of management and budget in the executive office of the	72544
president, 1987, as revised:	72545

Major group 10, metal mining;

72546

Major group 12, coal mining;

72547

Major group 14, mining and quarrying of nonmetallic minerals;

72548

Industry group 204, grain mill products;

72549

2873 Nitrogen fertilizers;

72550

2874 Phosphatic fertilizers;

72551

3281 Cut stone and stone products;

72552

3295 Minerals and earth, ground or otherwise treated;

72553

4221 Grain elevators (storage only);

72554

5159 Farm related raw materials;

72555

5261 Retail nurseries and lawn and garden supply stores.

72556

(c) The fees set forth in the following schedule apply to the	72557
issuance of a permit to install pursuant to rules adopted under	72558
division (F) of section 3704.03 of the Revised Code for a process	72559
identified in division (F)(4)(b) of this section:	72560

Process weight rate (pounds per hour)	Permit to install	72561
0 to 10,000	$ 200	72562
10,001 to 50,000	400	72563
50,001 to 100,000	500	72564
100,001 to 200,000	600	72565
200,001 to 400,000	750	72566
400,001 or more	900	72567

(5) Storage tanks

72568

Gallons (maximum useful capacity)	Permit to install	72569
0 to 20,000	$ 100	72570
20,001 to 40,000	150	72571
40,001 to 100,000	250	72572
100,001 to 500,000	400	72573
500,001 or greater	750	72574

(6) Gasoline/fuel dispensing facilities

72575

For each gasoline/fuel		72576
dispensing facility (includes all	Permit to install	72577
units at the facility)	$ 100	72578

(7) Dry cleaning facilities

72579

For each dry cleaning		72580
facility (includes all units	Permit to install	72581
at the facility)	$ 100	72582

(8) Registration status

72583

For each source covered			Permit to install			72584
by registration status			$ 75			72585

(G) An owner or operator who is responsible for an asbestos	72586
demolition or renovation project pursuant to rules adopted under	72587
section 3704.03 of the Revised Code shall pay the fees set forth	72588
in the following schedule:	72589

Action	Fee	72590
Each notification	$75	72591
Asbestos removal	$3/unit	72592
Asbestos cleanup	$4/cubic yard	72593

For purposes of this division, "unit" means any combination of	72594
linear feet or square feet equal to fifty.	72595

(H) A person who is issued an extension of time for a permit	72596
to install an air contaminant source pursuant to rules adopted	72597
under division (F) of section 3704.03 of the Revised Code shall	72598
pay a fee equal to one-half the fee originally assessed for the	72599
permit to install under this section, except that the fee for such	72600
an extension shall not exceed two hundred dollars.	72601

(I) A person who is issued a modification to a permit to	72602
install an air contaminant source pursuant to rules adopted under	72603
section 3704.03 of the Revised Code shall pay a fee equal to	72604
one-half of the fee that would be assessed under this section to	72605
obtain a permit to install the source. The fee assessed by this	72606
division only applies to modifications that are initiated by the	72607
owner or operator of the source and shall not exceed two thousand	72608
dollars.	72609

(J) Notwithstanding division (B) or (F) of this section, a	72610
person who applies for or obtains a permit to install pursuant to	72611
rules adopted under division (F) of section 3704.03 of the Revised	72612
Code after the date actual construction of the source began shall	72613
pay a fee for the permit to install that is equal to twice the fee	72614
that otherwise would be assessed under the applicable division	72615
unless the applicant received authorization to begin construction	72616
under division (W) of section 3704.03 of the Revised Code. This	72617
division only applies to sources for which actual construction of	72618
the source begins on or after July 1, 1993. The imposition or	72619
payment of the fee established in this division does not preclude	72620
the director from taking any administrative or judicial	72621
enforcement action under this chapter, Chapter 3704., 3714.,	72622
3734., or 6111. of the Revised Code, or a rule adopted under any	72623
of them, in connection with a violation of rules adopted under	72624
division (F) of section 3704.03 of the Revised Code.	72625

As used in this division, "actual construction of the source"	72626
means the initiation of physical on-site construction activities	72627
in connection with improvements to the source that are permanent	72628
in nature, including, without limitation, the installation of	72629
building supports and foundations and the laying of underground	72630
pipework.	72631

(K) Fifty cents per ton of each fee assessed under division	72632
(C) of this section on actual emissions from a source and received	72633
by the environmental protection agency pursuant to that division	72634
shall be deposited into the state treasury to the credit of the	72635
small business assistance fund created in section 3706.19 of the	72636
Revised Code. The remainder of the moneys received by the division	72637
pursuant to that division and moneys received by the agency	72638
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	72639
section shall be deposited in the state treasury to the credit of	72640
the clean air fund created in section 3704.035 of the Revised	72641
Code.	72642

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	72643
or (c) of this section, a person issued a water discharge permit	72644
or renewal of a water discharge permit pursuant to Chapter 6111.	72645
of the Revised Code shall pay a fee based on each point source to	72646
which the issuance is applicable in accordance with the following	72647
schedule:	72648

Design flow discharge (gallons per day)	Fee	72649
0 to 1000	$ 0	72650
1,001 to 5000	100	72651
5,001 to 50,000	200	72652
50,001 to 100,000	300	72653
100,001 to 300,000	525	72654
over 300,000	750	72655

(b) Notwithstanding the fee schedule specified in division	72656
(L)(1)(a) of this section, the fee for a water discharge permit	72657
that is applicable to coal mining operations regulated under	72658
Chapter 1513. of the Revised Code shall be two hundred fifty	72659
dollars per mine.	72660

(c) Notwithstanding the fee schedule specified in division	72661
(L)(1)(a) of this section, the fee for a water discharge permit	72662
for a public discharger identified by I in the third character of	72663
the permittee's NPDES permit number shall not exceed seven hundred	72664
fifty dollars.	72665

(2) A person applying for a plan approval for a wastewater	72666
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	72667
of the Revised Code shall pay a fee of one hundred dollars plus	72668
sixty-five one-hundredths of one per cent of the estimated project	72669
cost through June 30, ~~2010~~2012, and one hundred dollars plus	72670
two-tenths of one per cent of the estimated project cost on and	72671
after July 1, ~~2010~~2012, except that the total fee shall not	72672
exceed fifteen thousand dollars through June 30, ~~2010~~2012, and	72673
five thousand dollars on and after July 1, ~~2010~~2012. The fee	72674
shall be paid at the time the application is submitted.	72675

(3) A person issued a modification of a water discharge	72676
permit shall pay a fee equal to one-half the fee that otherwise	72677
would be charged for a water discharge permit, except that the fee	72678
for the modification shall not exceed four hundred dollars.	72679

(4) A person who has entered into an agreement with the	72680
director under section 6111.14 of the Revised Code shall pay an	72681
administrative service fee for each plan submitted under that	72682
section for approval that shall not exceed the minimum amount	72683
necessary to pay administrative costs directly attributable to	72684
processing plan approvals. The director annually shall calculate	72685
the fee and shall notify all persons who have entered into	72686
agreements under that section, or who have applied for agreements,	72687
of the amount of the fee.	72688

(5)(a)(i) Not later than January 30, ~~2008~~2010, and January	72689
30, ~~2009~~2011, a person holding an NPDES discharge permit issued	72690
pursuant to Chapter 6111. of the Revised Code with an average	72691
daily discharge flow of five thousand gallons or more shall pay a	72692
nonrefundable annual discharge fee. Any person who fails to pay	72693
the fee at that time shall pay an additional amount that equals	72694
ten per cent of the required annual discharge fee.	72695

(ii) The billing year for the annual discharge fee	72696
established in division (L)(5)(a)(i) of this section shall consist	72697
of a twelve-month period beginning on the first day of January of	72698
the year preceding the date when the annual discharge fee is due.	72699
In the case of an existing source that permanently ceases to	72700
discharge during a billing year, the director shall reduce the	72701
annual discharge fee, including the surcharge applicable to	72702
certain industrial facilities pursuant to division (L)(5)(c) of	72703
this section, by one-twelfth for each full month during the	72704
billing year that the source was not discharging, but only if the	72705
person holding the NPDES discharge permit for the source notifies	72706
the director in writing, not later than the first day of October	72707
of the billing year, of the circumstances causing the cessation of	72708
discharge.	72709

(iii) The annual discharge fee established in division	72710
(L)(5)(a)(i) of this section, except for the surcharge applicable	72711
to certain industrial facilities pursuant to division (L)(5)(c) of	72712
this section, shall be based upon the average daily discharge flow	72713
in gallons per day calculated using first day of May through	72714
thirty-first day of October flow data for the period two years	72715
prior to the date on which the fee is due. In the case of NPDES	72716
discharge permits for new sources, the fee shall be calculated	72717
using the average daily design flow of the facility until actual	72718
average daily discharge flow values are available for the time	72719
period specified in division (L)(5)(a)(iii) of this section. The	72720
annual discharge fee may be prorated for a new source as described	72721
in division (L)(5)(a)(ii) of this section.	72722

(b) An NPDES permit holder that is a public discharger shall	72723
pay the fee specified in the following schedule:	72724

Average daily	Fee due by	72725
discharge flow	January 30,	72726
	~~2008~~ 2010, and	72727
	January 30, ~~2009~~ 2011	72728

5,000 to 49,999	$ 200	72729
50,000 to 100,000	500	72730
100,001 to 250,000	1,050	72731
250,001 to 1,000,000	2,600	72732
1,000,001 to 5,000,000	5,200	72733
5,000,001 to 10,000,000	10,350	72734
10,000,001 to 20,000,000	15,550	72735
20,000,001 to 50,000,000	25,900	72736
50,000,001 to 100,000,000	41,400	72737
100,000,001 or more	62,100	72738

Public dischargers owning or operating two or more publicly	72739
owned treatment works serving the same political subdivision, as	72740
"treatment works" is defined in section 6111.01 of the Revised	72741
Code, and that serve exclusively political subdivisions having a	72742
population of fewer than one hundred thousand shall pay an annual	72743
discharge fee under division (L)(5)(b) of this section that is	72744
based on the combined average daily discharge flow of the	72745
treatment works.	72746

(c) An NPDES permit holder that is an industrial discharger,	72747
other than a coal mining operator identified by P in the third	72748
character of the permittee's NPDES permit number, shall pay the	72749
fee specified in the following schedule:	72750

Average daily	Fee due by	72751
discharge flow	January 30,	72752
	~~2008~~ 2010, and	72753
	January 30, ~~2009~~ 2011	72754

5,000 to 49,999	$ 250	72755
50,000 to 250,000	1,200	72756
250,001 to 1,000,000	2,950	72757
1,000,001 to 5,000,000	5,850	72758
5,000,001 to 10,000,000	8,800	72759
10,000,001 to 20,000,000	11,700	72760
20,000,001 to 100,000,000	14,050	72761
100,000,001 to 250,000,000	16,400	72762
250,000,001 or more	18,700	72763

In addition to the fee specified in the above schedule, an	72764
NPDES permit holder that is an industrial discharger classified as	72765
a major discharger during all or part of the annual discharge fee	72766
billing year specified in division (L)(5)(a)(ii) of this section	72767
shall pay a nonrefundable annual surcharge of seven thousand five	72768
hundred dollars not later than January 30, ~~2008~~2010, and not	72769
later than January 30, ~~2009~~2011. Any person who fails to pay the	72770
surcharge at that time shall pay an additional amount that equals	72771
ten per cent of the amount of the surcharge.	72772

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	72773
section, a public discharger identified by I in the third	72774
character of the permittee's NPDES permit number and an industrial	72775
discharger identified by I, J, L, V, W, X, Y, or Z in the third	72776
character of the permittee's NPDES permit number shall pay a	72777
nonrefundable annual discharge fee of one hundred eighty dollars	72778
not later than January 30, ~~2008~~2010, and not later than January	72779
30, ~~2009~~2011. Any person who fails to pay the fee at that time	72780
shall pay an additional amount that equals ten per cent of the	72781
required fee.	72782

(6) Each person obtaining a national pollutant discharge	72783
elimination system general or individual permit for municipal	72784
storm water discharge shall pay a nonrefundable storm water	72785
discharge fee of one hundred dollars per square mile of area	72786
permitted. The fee shall not exceed ten thousand dollars and shall	72787
be payable on or before January 30, 2004, and the thirtieth day of	72788
January of each year thereafter. Any person who fails to pay the	72789
fee on the date specified in division (L)(6) of this section shall	72790
pay an additional amount per year equal to ten per cent of the	72791
annual fee that is unpaid.	72792

(7) The director shall transmit all moneys collected under	72793
division (L) of this section to the treasurer of state for deposit	72794
into the state treasury to the credit of the surface water	72795
protection fund created in section 6111.038 of the Revised Code.	72796

(8) As used in division (L) of this section:

72797

(a) "NPDES" means the federally approved national pollutant	72798
discharge elimination system program for issuing, modifying,	72799
revoking, reissuing, terminating, monitoring, and enforcing	72800
permits and imposing and enforcing pretreatment requirements under	72801
Chapter 6111. of the Revised Code and rules adopted under it.	72802

(b) "Public discharger" means any holder of an NPDES permit	72803
identified by P in the second character of the NPDES permit number	72804
assigned by the director.	72805

(c) "Industrial discharger" means any holder of an NPDES	72806
permit identified by I in the second character of the NPDES permit	72807
number assigned by the director.	72808

(d) "Major discharger" means any holder of an NPDES permit	72809
classified as major by the regional administrator of the United	72810
States environmental protection agency in conjunction with the	72811
director.	72812

(M) Through June 30, ~~2010~~2012, a person applying for a	72813
license or license renewal to operate a public water system under	72814
section 6109.21 of the Revised Code shall pay the appropriate fee	72815
established under this division at the time of application to the	72816
director. Any person who fails to pay the fee at that time shall	72817
pay an additional amount that equals ten per cent of the required	72818
fee. The director shall transmit all moneys collected under this	72819
division to the treasurer of state for deposit into the drinking	72820
water protection fund created in section 6109.30 of the Revised	72821
Code.	72822

Except as provided in division (M)(4) of this section, fees	72823
required under this division shall be calculated and paid in	72824
accordance with the following schedule:	72825

(1) For the initial license required under division (A)(1) of	72826
section 6109.21 of the Revised Code for any public water system	72827
that is a community water system as defined in section 6109.01 of	72828
the Revised Code, and for each license renewal required for such a	72829
system prior to January 31, ~~2010~~2012, the fee is:	72830

Number of service connections		Fee amount	72831
	Not more than 49	$ 112	72832
	50 to 99	176	72833

Number of service connections		Average cost per connection	72834
	100 to 2,499	$ 1.92	72835
	2,500 to 4,999	1.48	72836
	5,000 to 7,499	1.42	72837
	7,500 to 9,999	1.34	72838
	10,000 to 14,999	1.16	72839
	15,000 to 24,999	1.10	72840
	25,000 to 49,999	1.04	72841
	50,000 to 99,999	.92	72842
	100,000 to 149,999	.86	72843
	150,000 to 199,999	.80	72844
	200,000 or more	.76	72845

A public water system may determine how it will pay the total	72846
amount of the fee calculated under division (M)(1) of this	72847
section, including the assessment of additional user fees that may	72848
be assessed on a volumetric basis.	72849

As used in division (M)(1) of this section, "service	72850
connection" means the number of active or inactive pipes,	72851
goosenecks, pigtails, and any other fittings connecting a water	72852
main to any building outlet.	72853

(2) For the initial license required under division (A)(2) of	72854
section 6109.21 of the Revised Code for any public water system	72855
that is not a community water system and serves a nontransient	72856
population, and for each license renewal required for such a	72857
system prior to January 31, ~~2010~~2012, the fee is:	72858

Population served	Fee amount	72859
Fewer than 150	$ 112	72860
150 to 299	176	72861
300 to 749	384	72862
750 to 1,499	628	72863
1,500 to 2,999	1,268	72864
3,000 to 7,499	2,816	72865
7,500 to 14,999	5,510	72866
15,000 to 22,499	9,048	72867
22,500 to 29,999	12,430	72868
30,000 or more	16,820	72869

As used in division (M)(2) of this section, "population	72870
served" means the total number of individuals receiving water from	72871
the water supply during a twenty-four-hour period for at least	72872
sixty days during any calendar year. In the absence of a specific	72873
population count, that number shall be calculated at the rate of	72874
three individuals per service connection.	72875

(3) For the initial license required under division (A)(3) of	72876
section 6109.21 of the Revised Code for any public water system	72877
that is not a community water system and serves a transient	72878
population, and for each license renewal required for such a	72879
system prior to January 31, ~~2010~~2012, the fee is:	72880

Number of wells supplying system		Fee amount	72881
	1	$112	72882
	2	112	72883
	3	176	72884
	4	278	72885
	5	568	72886
	System designated as using a		72887
	surface water source	792	72888

As used in division (M)(3) of this section, "number of wells	72889
supplying system" means those wells that are physically connected	72890
to the plumbing system serving the public water system.	72891

(4) A public water system designated as using a surface water	72892
source shall pay a fee of seven hundred ninety-two dollars or the	72893
amount calculated under division (M)(1) or (2) of this section,	72894
whichever is greater.	72895

(N)(1) A person applying for a plan approval for a public	72896
water supply system under section 6109.07 of the Revised Code	72897
shall pay a fee of one hundred fifty dollars plus thirty-five	72898
hundredths of one per cent of the estimated project cost, except	72899
that the total fee shall not exceed twenty thousand dollars	72900
through June 30, ~~2010~~2012, and fifteen thousand dollars on and	72901
after July 1, ~~2010~~2012. The fee shall be paid at the time the	72902
application is submitted.	72903

(2) A person who has entered into an agreement with the	72904
director under division (A)(2) of section 6109.07 of the Revised	72905
Code shall pay an administrative service fee for each plan	72906
submitted under that section for approval that shall not exceed	72907
the minimum amount necessary to pay administrative costs directly	72908
attributable to processing plan approvals. The director annually	72909
shall calculate the fee and shall notify all persons that have	72910
entered into agreements under that division, or who have applied	72911
for agreements, of the amount of the fee.	72912

(3) Through June 30, ~~2010~~2012, the following fee, on a per	72913
survey basis, shall be charged any person for services rendered by	72914
the state in the evaluation of laboratories and laboratory	72915
personnel for compliance with accepted analytical techniques and	72916
procedures established pursuant to Chapter 6109. of the Revised	72917
Code for determining the qualitative characteristics of water:	72918

microbiological			72919
	MMO-MUG	$2,000	72920
	MF	2,100	72921
	MMO-MUG and MF	2,550	72922
organic chemical		5,400	72923
trace metals		5,400	72924
standard chemistry		2,800	72925
limited chemistry		1,550	72926

On and after July 1, ~~2010~~2012, the following fee, on a per	72927
survey basis, shall be charged any such person:	72928

microbiological	$ 1,650	72929
organic chemicals	3,500	72930
trace metals	3,500	72931
standard chemistry	1,800	72932
limited chemistry	1,000	72933

The fee for those services shall be paid at the time the request	72934
for the survey is made. Through June 30, ~~2010~~ 2012, an individual	72935
laboratory shall not be assessed a fee under this division more	72936
than once in any three-year period unless the person requests the	72937
addition of analytical methods or analysts, in which case the	72938
person shall pay eighteen hundred dollars for each additional	72939
survey requested.	72940

As used in division (N)(3) of this section:

72941

(a) "MF" means microfiltration.

72942

(b) "MMO" means minimal medium ONPG.

72943

72944

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

72945

The director shall transmit all moneys collected under this	72946
division to the treasurer of state for deposit into the drinking	72947
water protection fund created in section 6109.30 of the Revised	72948
Code.	72949

(O) Any person applying to the director for examination for	72950
certification as an operator of a water supply system or	72951
wastewater system under Chapter 6109. or 6111. of the Revised	72952
Code, at the time the application is submitted, shall pay an	72953
application fee of forty-five dollars through November 30, ~~2010~~	72954
2012, and twenty-five dollars on and after December 1, ~~2010~~2012.	72955
Upon approval from the director that the applicant is eligible to	72956
take the examination therefor, the applicant shall pay a fee in	72957
accordance with the following schedule through November 30, ~~2010~~	72958
2012:	72959

Class A operator	$35	72960
Class I operator	60	72961
Class II operator	75	72962
Class III operator	85	72963
Class IV operator	100	72964

On and after December 1, ~~2010~~2012, the applicant shall pay a	72965
fee in accordance with the following schedule:	72966

Class A operator	$25	72967
Class I operator	$45	72968
Class II operator	55	72969
Class III operator	65	72970
Class IV operator	75	72971

A person shall pay a biennial certification renewal fee for	72972
each applicable class of certification in accordance with the	72973
following schedule:	72974

Class A operator	$25	72975
Class I operator	35	72976
Class II operator	45	72977
Class III operator	55	72978
Class IV operator	65	72979

If a certification renewal fee is received by the director	72980
more than thirty days, but not more than one year after the	72981
expiration date of the certification, the person shall pay a	72982
certification renewal fee in accordance with the following	72983
schedule:	72984

Class A operator	$45	72985
Class I operator	55	72986
Class II operator	65	72987
Class III operator	75	72988
Class IV operator	85	72989

A person who requests a replacement certificate shall pay a	72990
fee of twenty-five dollars at the time the request is made.	72991

The director shall transmit all moneys collected under this	72992
division to the treasurer of state for deposit into the drinking	72993
water protection fund created in section 6109.30 of the Revised	72994
Code.	72995

(P) Any person submitting an application for an industrial	72996
water pollution control certificate under section 6111.31 of the	72997
Revised Code, as that section existed before its repeal by H.B. 95	72998
of the 125th general assembly, shall pay a nonrefundable fee of	72999
five hundred dollars at the time the application is submitted. The	73000
director shall transmit all moneys collected under this division	73001
to the treasurer of state for deposit into the surface water	73002
protection fund created in section 6111.038 of the Revised Code. A	73003
person paying a certificate fee under this division shall not pay	73004
an application fee under division (S)(1) of this section. On and	73005
after June 26, 2003, persons shall file such applications and pay	73006
the fee as required under sections 5709.20 to 5709.27 of the	73007
Revised Code, and proceeds from the fee shall be credited as	73008
provided in section 5709.212 of the Revised Code.	73009

(Q) Except as otherwise provided in division (R) of this	73010
section, a person issued a permit by the director for a new solid	73011
waste disposal facility other than an incineration or composting	73012
facility, a new infectious waste treatment facility other than an	73013
incineration facility, or a modification of such an existing	73014
facility that includes an increase in the total disposal or	73015
treatment capacity of the facility pursuant to Chapter 3734. of	73016
the Revised Code shall pay a fee of ten dollars per thousand cubic	73017
yards of disposal or treatment capacity, or one thousand dollars,	73018
whichever is greater, except that the total fee for any such	73019
permit shall not exceed eighty thousand dollars. A person issued a	73020
modification of a permit for a solid waste disposal facility or an	73021
infectious waste treatment facility that does not involve an	73022
increase in the total disposal or treatment capacity of the	73023
facility shall pay a fee of one thousand dollars. A person issued	73024
a permit to install a new, or modify an existing, solid waste	73025
transfer facility under that chapter shall pay a fee of two	73026
thousand five hundred dollars. A person issued a permit to install	73027
a new or to modify an existing solid waste incineration or	73028
composting facility, or an existing infectious waste treatment	73029
facility using incineration as its principal method of treatment,	73030
under that chapter shall pay a fee of one thousand dollars. The	73031
increases in the permit fees under this division resulting from	73032
the amendments made by Amended Substitute House Bill 592 of the	73033
117th general assembly do not apply to any person who submitted an	73034
application for a permit to install a new, or modify an existing,	73035
solid waste disposal facility under that chapter prior to	73036
September 1, 1987; any such person shall pay the permit fee	73037
established in this division as it existed prior to June 24, 1988.	73038
In addition to the applicable permit fee under this division, a	73039
person issued a permit to install or modify a solid waste facility	73040
or an infectious waste treatment facility under that chapter who	73041
fails to pay the permit fee to the director in compliance with	73042
division (V) of this section shall pay an additional ten per cent	73043
of the amount of the fee for each week that the permit fee is	73044
late.	73045

Permit and late payment fees paid to the director under this	73046
division shall be credited to the general revenue fund.	73047

(R)(1) A person issued a registration certificate for a scrap	73048
tire collection facility under section 3734.75 of the Revised Code	73049
shall pay a fee of two hundred dollars, except that if the	73050
facility is owned or operated by a motor vehicle salvage dealer	73051
licensed under Chapter 4738. of the Revised Code, the person shall	73052
pay a fee of twenty-five dollars.	73053

(2) A person issued a registration certificate for a new	73054
scrap tire storage facility under section 3734.76 of the Revised	73055
Code shall pay a fee of three hundred dollars, except that if the	73056
facility is owned or operated by a motor vehicle salvage dealer	73057
licensed under Chapter 4738. of the Revised Code, the person shall	73058
pay a fee of twenty-five dollars.	73059

(3) A person issued a permit for a scrap tire storage	73060
facility under section 3734.76 of the Revised Code shall pay a fee	73061
of one thousand dollars, except that if the facility is owned or	73062
operated by a motor vehicle salvage dealer licensed under Chapter	73063
4738. of the Revised Code, the person shall pay a fee of fifty	73064
dollars.	73065

(4) A person issued a permit for a scrap tire monocell or	73066
monofill facility under section 3734.77 of the Revised Code shall	73067
pay a fee of ten dollars per thousand cubic yards of disposal	73068
capacity or one thousand dollars, whichever is greater, except	73069
that the total fee for any such permit shall not exceed eighty	73070
thousand dollars.	73071

(5) A person issued a registration certificate for a scrap	73072
tire recovery facility under section 3734.78 of the Revised Code	73073
shall pay a fee of one hundred dollars.	73074

(6) A person issued a permit for a scrap tire recovery	73075
facility under section 3734.78 of the Revised Code shall pay a fee	73076
of one thousand dollars.	73077

(7) In addition to the applicable registration certificate or	73078
permit fee under divisions (R)(1) to (6) of this section, a person	73079
issued a registration certificate or permit for any such scrap	73080
tire facility who fails to pay the registration certificate or	73081
permit fee to the director in compliance with division (V) of this	73082
section shall pay an additional ten per cent of the amount of the	73083
fee for each week that the fee is late.	73084

(8) The registration certificate, permit, and late payment	73085
fees paid to the director under divisions (R)(1) to (7) of this	73086
section shall be credited to the scrap tire management fund	73087
created in section 3734.82 of the Revised Code.	73088

(S)(1) Except as provided by divisions (L), (M), (N), (O),	73089
(P), and (S)(2) of this section, division (A)(2) of section	73090
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	73091
and rules adopted under division (T)(1) of this section, any	73092
person applying for a registration certificate under section	73093
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	73094
variance, or plan approval under Chapter 3734. of the Revised Code	73095
shall pay a nonrefundable fee of fifteen dollars at the time the	73096
application is submitted.	73097

Except as otherwise provided, any person applying for a	73098
permit, variance, or plan approval under Chapter 6109. or 6111. of	73099
the Revised Code shall pay a nonrefundable fee of one hundred	73100
dollars at the time the application is submitted through June 30,	73101
~~2010~~2012, and a nonrefundable fee of fifteen dollars at the time	73102
the application is submitted on and after July 1, ~~2010~~2012.	73103
Through June 30, ~~2010~~2012, any person applying for a national	73104
pollutant discharge elimination system permit under Chapter 6111.	73105
of the Revised Code shall pay a nonrefundable fee of two hundred	73106
dollars at the time of application for the permit. On and after	73107
July 1, ~~2010~~2012, such a person shall pay a nonrefundable fee of	73108
fifteen dollars at the time of application.	73109

In addition to the application fee established under division	73110
(S)(1) of this section, any person applying for a national	73111
pollutant discharge elimination system general storm water	73112
construction permit shall pay a nonrefundable fee of twenty	73113
dollars per acre for each acre that is permitted above five acres	73114
at the time the application is submitted. However, the per acreage	73115
fee shall not exceed three hundred dollars. In addition, any	73116
person applying for a national pollutant discharge elimination	73117
system general storm water industrial permit shall pay a	73118
nonrefundable fee of one hundred fifty dollars at the time the	73119
application is submitted.	73120

The director shall transmit all moneys collected under	73121
division (S)(1) of this section pursuant to Chapter 6109. of the	73122
Revised Code to the treasurer of state for deposit into the	73123
drinking water protection fund created in section 6109.30 of the	73124
Revised Code.	73125

The director shall transmit all moneys collected under	73126
division (S)(1) of this section pursuant to Chapter 6111. of the	73127
Revised Code to the treasurer of state for deposit into the	73128
surface water protection fund created in section 6111.038 of the	73129
Revised Code.	73130

If a registration certificate is issued under section	73131
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	73132
the application fee paid shall be deducted from the amount of the	73133
registration certificate fee due under division (R)(1), (2), or	73134
(5) of this section, as applicable.	73135

If a person submits an electronic application for a	73136
registration certificate, permit, variance, or plan approval for	73137
which an application fee is established under division (S)(1) of	73138
this section, the person shall pay the applicable application fee	73139
as expeditiously as possible after the submission of the	73140
electronic application. An application for a registration	73141
certificate, permit, variance, or plan approval for which an	73142
application fee is established under division (S)(1) of this	73143
section shall not be reviewed or processed until the applicable	73144
application fee, and any other fees established under this	73145
division, are paid.	73146

(2) Division (S)(1) of this section does not apply to an	73147
application for a registration certificate for a scrap tire	73148
collection or storage facility submitted under section 3734.75 or	73149
3734.76 of the Revised Code, as applicable, if the owner or	73150
operator of the facility or proposed facility is a motor vehicle	73151
salvage dealer licensed under Chapter 4738. of the Revised Code.	73152

(T) The director may adopt, amend, and rescind rules in	73153
accordance with Chapter 119. of the Revised Code that do all of	73154
the following:	73155

(1) Prescribe fees to be paid by applicants for and holders	73156
of any license, permit, variance, plan approval, or certification	73157
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	73158
the Revised Code that are not specifically established in this	73159
section. The fees shall be designed to defray the cost of	73160
processing, issuing, revoking, modifying, denying, and enforcing	73161
the licenses, permits, variances, plan approvals, and	73162
certifications.	73163

The director shall transmit all moneys collected under rules	73164
adopted under division (T)(1) of this section pursuant to Chapter	73165
6109. of the Revised Code to the treasurer of state for deposit	73166
into the drinking water protection fund created in section 6109.30	73167
of the Revised Code.	73168

The director shall transmit all moneys collected under rules	73169
adopted under division (T)(1) of this section pursuant to Chapter	73170
6111. of the Revised Code to the treasurer of state for deposit	73171
into the surface water protection fund created in section 6111.038	73172
of the Revised Code.	73173

(2) Exempt the state and political subdivisions thereof,	73174
including education facilities or medical facilities owned by the	73175
state or a political subdivision, or any person exempted from	73176
taxation by section 5709.07 or 5709.12 of the Revised Code, from	73177
any fee required by this section;	73178

(3) Provide for the waiver of any fee, or any part thereof,	73179
otherwise required by this section whenever the director	73180
determines that the imposition of the fee would constitute an	73181
unreasonable cost of doing business for any applicant, class of	73182
applicants, or other person subject to the fee;	73183

(4) Prescribe measures that the director considers necessary	73184
to carry out this section.	73185

(U) When the director reasonably demonstrates that the direct	73186
cost to the state associated with the issuance of a permit to	73187
install, license, variance, plan approval, or certification	73188
exceeds the fee for the issuance or review specified by this	73189
section, the director may condition the issuance or review on the	73190
payment by the person receiving the issuance or review of, in	73191
addition to the fee specified by this section, the amount, or any	73192
portion thereof, in excess of the fee specified under this	73193
section. The director shall not so condition issuances for which	73194
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	73195
section.	73196

(V) Except as provided in divisions (L), (M), and (P) of this	73197
section or unless otherwise prescribed by a rule of the director	73198
adopted pursuant to Chapter 119. of the Revised Code, all fees	73199
required by this section are payable within thirty days after the	73200
issuance of an invoice for the fee by the director or the	73201
effective date of the issuance of the license, permit, variance,	73202
plan approval, or certification. If payment is late, the person	73203
responsible for payment of the fee shall pay an additional ten per	73204
cent of the amount due for each month that it is late.	73205

(W) As used in this section, "fuel-burning equipment,"	73206
"fuel-burning equipment input capacity," "incinerator,"	73207
"incinerator input capacity," "process," "process weight rate,"	73208
"storage tank," "gasoline dispensing facility," "dry cleaning	73209
facility," "design flow discharge," and "new source treatment	73210
works" have the meanings ascribed to those terms by applicable	73211
rules or standards adopted by the director under Chapter 3704. or	73212
6111. of the Revised Code.	73213

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	73214
and (J) of this section, and in any other provision of this	73215
section pertaining to fees paid pursuant to Chapter 3704. of the	73216
Revised Code:	73217

(1) "Facility," "federal Clean Air Act," "person," and "Title	73218
V permit" have the same meanings as in section 3704.01 of the	73219
Revised Code.	73220

(2) "Title V permit program" means the following activities	73221
as necessary to meet the requirements of Title V of the federal	73222
Clean Air Act and 40 C.F.R. part 70, including at least:	73223

(a) Preparing and adopting, if applicable, generally	73224
applicable rules or guidance regarding the permit program or its	73225
implementation or enforcement;	73226

(b) Reviewing and acting on any application for a Title V	73227
permit, permit revision, or permit renewal, including the	73228
development of an applicable requirement as part of the processing	73229
of a permit, permit revision, or permit renewal;	73230

(c) Administering the permit program, including the	73231
supporting and tracking of permit applications, compliance	73232
certification, and related data entry;	73233

(d) Determining which sources are subject to the program and	73234
implementing and enforcing the terms of any Title V permit, not	73235
including any court actions or other formal enforcement actions;	73236

(e) Emission and ambient monitoring;

73237

(f) Modeling, analyses, or demonstrations;

73238

(g) Preparing inventories and tracking emissions;

73239

(h) Providing direct and indirect support to small business	73240
stationary sources to determine and meet their obligations under	73241
the federal Clean Air Act pursuant to the small business	73242
stationary source technical and environmental compliance	73243
assistance program required by section 507 of that act and	73244
established in sections 3704.18, 3704.19, and 3706.19 of the	73245
Revised Code.	73246

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	73247
of this section, each sewage sludge facility shall pay a	73248
nonrefundable annual sludge fee equal to three dollars and fifty	73249
cents per dry ton of sewage sludge, including the dry tons of	73250
sewage sludge in materials derived from sewage sludge, that the	73251
sewage sludge facility treats or disposes of in this state. The	73252
annual volume of sewage sludge treated or disposed of by a sewage	73253
sludge facility shall be calculated using the first day of January	73254
through the thirty-first day of December of the calendar year	73255
preceding the date on which payment of the fee is due.	73256

(2)(a) Except as provided in division (Y)(2)(d) of this	73257
section, each sewage sludge facility shall pay a minimum annual	73258
sewage sludge fee of one hundred dollars.	73259

(b) The annual sludge fee required to be paid by a sewage	73260
sludge facility that treats or disposes of exceptional quality	73261
sludge in this state shall be thirty-five per cent less per dry	73262
ton of exceptional quality sludge than the fee assessed under	73263
division (Y)(1) of this section, subject to the following	73264
exceptions:	73265

(i) Except as provided in division (Y)(2)(d) of this section,	73266
a sewage sludge facility that treats or disposes of exceptional	73267
quality sludge shall pay a minimum annual sewage sludge fee of one	73268
hundred dollars.	73269

(ii) A sewage sludge facility that treats or disposes of	73270
exceptional quality sludge shall not be required to pay the annual	73271
sludge fee for treatment or disposal in this state of exceptional	73272
quality sludge generated outside of this state and contained in	73273
bags or other containers not greater than one hundred pounds in	73274
capacity.	73275

A thirty-five per cent reduction for exceptional quality	73276
sludge applies to the maximum annual fees established under	73277
division (Y)(3) of this section.	73278

(c) A sewage sludge facility that transfers sewage sludge to	73279
another sewage sludge facility in this state for further treatment	73280
prior to disposal in this state shall not be required to pay the	73281
annual sludge fee for the tons of sewage sludge that have been	73282
transferred. In such a case, the sewage sludge facility that	73283
disposes of the sewage sludge shall pay the annual sludge fee.	73284
However, the facility transferring the sewage sludge shall pay the	73285
one-hundred-dollar minimum fee required under division (Y)(2)(a)	73286
of this section.	73287

In the case of a sewage sludge facility that treats sewage	73288
sludge in this state and transfers it out of this state to another	73289
entity for disposal, the sewage sludge facility in this state	73290
shall be required to pay the annual sludge fee for the tons of	73291
sewage sludge that have been transferred.	73292

(d) A sewage sludge facility that generates sewage sludge	73293
resulting from an average daily discharge flow of less than five	73294
thousand gallons per day is not subject to the fees assessed under	73295
division (Y) of this section.	73296

(3) No sewage sludge facility required to pay the annual	73297
sludge fee shall be required to pay more than the maximum annual	73298
fee for each disposal method that the sewage sludge facility uses.	73299
The maximum annual fee does not include the additional amount that	73300
may be charged under division (Y)(5) of this section for late	73301
payment of the annual sludge fee. The maximum annual fee for the	73302
following methods of disposal of sewage sludge is as follows:	73303

(a) Incineration: five thousand dollars;

73304

(b) Preexisting land reclamation project or disposal in a	73305
landfill: five thousand dollars;	73306

(c) Land application, land reclamation, surface disposal, or	73307
any other disposal method not specified in division (Y)(3)(a) or	73308
(b) of this section: twenty thousand dollars.	73309

(4)(a) In the case of an entity that generates sewage sludge	73310
or a sewage sludge facility that treats sewage sludge and	73311
transfers the sewage sludge to an incineration facility for	73312
disposal, the incineration facility, and not the entity generating	73313
the sewage sludge or the sewage sludge facility treating the	73314
sewage sludge, shall pay the annual sludge fee for the tons of	73315
sewage sludge that are transferred. However, the entity or	73316
facility generating or treating the sewage sludge shall pay the	73317
one-hundred-dollar minimum fee required under division (Y)(2)(a)	73318
of this section.	73319

(b) In the case of an entity that generates sewage sludge and	73320
transfers the sewage sludge to a landfill for disposal or to a	73321
sewage sludge facility for land reclamation or surface disposal,	73322
the entity generating the sewage sludge, and not the landfill or	73323
sewage sludge facility, shall pay the annual sludge fee for the	73324
tons of sewage sludge that are transferred.	73325

(5) Not later than the first day of April of the calendar	73326
year following March 17, 2000, and each first day of April	73327
thereafter, the director shall issue invoices to persons who are	73328
required to pay the annual sludge fee. The invoice shall identify	73329
the nature and amount of the annual sludge fee assessed and state	73330
the first day of May as the deadline for receipt by the director	73331
of objections regarding the amount of the fee and the first day of	73332
July as the deadline for payment of the fee.	73333

Not later than the first day of May following receipt of an	73334
invoice, a person required to pay the annual sludge fee may submit	73335
objections to the director concerning the accuracy of information	73336
regarding the number of dry tons of sewage sludge used to	73337
calculate the amount of the annual sludge fee or regarding whether	73338
the sewage sludge qualifies for the exceptional quality sludge	73339
discount established in division (Y)(2)(b) of this section. The	73340
director may consider the objections and adjust the amount of the	73341
fee to ensure that it is accurate.	73342

If the director does not adjust the amount of the annual	73343
sludge fee in response to a person's objections, the person may	73344
appeal the director's determination in accordance with Chapter	73345
119. of the Revised Code.	73346

Not later than the first day of June, the director shall	73347
notify the objecting person regarding whether the director has	73348
found the objections to be valid and the reasons for the finding.	73349
If the director finds the objections to be valid and adjusts the	73350
amount of the annual sludge fee accordingly, the director shall	73351
issue with the notification a new invoice to the person	73352
identifying the amount of the annual sludge fee assessed and	73353
stating the first day of July as the deadline for payment.	73354

Not later than the first day of July, any person who is	73355
required to do so shall pay the annual sludge fee. Any person who	73356
is required to pay the fee, but who fails to do so on or before	73357
that date shall pay an additional amount that equals ten per cent	73358
of the required annual sludge fee.	73359

(6) The director shall transmit all moneys collected under	73360
division (Y) of this section to the treasurer of state for deposit	73361
into the surface water protection fund created in section 6111.038	73362
of the Revised Code. The moneys shall be used to defray the costs	73363
of administering and enforcing provisions in Chapter 6111. of the	73364
Revised Code and rules adopted under it that govern the use,	73365
storage, treatment, or disposal of sewage sludge.	73366

(7) Beginning in fiscal year 2001, and every two years	73367
thereafter, the director shall review the total amount of moneys	73368
generated by the annual sludge fees to determine if that amount	73369
exceeded six hundred thousand dollars in either of the two	73370
preceding fiscal years. If the total amount of moneys in the fund	73371
exceeded six hundred thousand dollars in either fiscal year, the	73372
director, after review of the fee structure and consultation with	73373
affected persons, shall issue an order reducing the amount of the	73374
fees levied under division (Y) of this section so that the	73375
estimated amount of moneys resulting from the fees will not exceed	73376
six hundred thousand dollars in any fiscal year.	73377

If, upon review of the fees under division (Y)(7) of this	73378
section and after the fees have been reduced, the director	73379
determines that the total amount of moneys collected and	73380
accumulated is less than six hundred thousand dollars, the	73381
director, after review of the fee structure and consultation with	73382
affected persons, may issue an order increasing the amount of the	73383
fees levied under division (Y) of this section so that the	73384
estimated amount of moneys resulting from the fees will be	73385
approximately six hundred thousand dollars. Fees shall never be	73386
increased to an amount exceeding the amount specified in division	73387
(Y)(7) of this section.	73388

Notwithstanding section 119.06 of the Revised Code, the	73389
director may issue an order under division (Y)(7) of this section	73390
without the necessity to hold an adjudicatory hearing in	73391
connection with the order. The issuance of an order under this	73392
division is not an act or action for purposes of section 3745.04	73393
of the Revised Code.	73394

(8) As used in division (Y) of this section:

73395

(a) "Sewage sludge facility" means an entity that performs	73396
treatment on or is responsible for the disposal of sewage sludge.	73397

(b) "Sewage sludge" means a solid, semi-solid, or liquid	73398
residue generated during the treatment of domestic sewage in a	73399
treatment works as defined in section 6111.01 of the Revised Code.	73400
"Sewage sludge" includes, but is not limited to, scum or solids	73401
removed in primary, secondary, or advanced wastewater treatment	73402
processes. "Sewage sludge" does not include ash generated during	73403
the firing of sewage sludge in a sewage sludge incinerator, grit	73404
and screenings generated during preliminary treatment of domestic	73405
sewage in a treatment works, animal manure, residue generated	73406
during treatment of animal manure, or domestic septage.	73407

(c) "Exceptional quality sludge" means sewage sludge that	73408
meets all of the following qualifications:	73409

(i) Satisfies the class A pathogen standards in 40 C.F.R.	73410
503.32(a);	73411

(ii) Satisfies one of the vector attraction reduction	73412
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	73413

(iii) Does not exceed the ceiling concentration limitations	73414
for metals listed in table one of 40 C.F.R. 503.13;	73415

(iv) Does not exceed the concentration limitations for metals	73416
listed in table three of 40 C.F.R. 503.13.	73417

(d) "Treatment" means the preparation of sewage sludge for	73418
final use or disposal and includes, but is not limited to,	73419
thickening, stabilization, and dewatering of sewage sludge.	73420

(e) "Disposal" means the final use of sewage sludge,	73421
including, but not limited to, land application, land reclamation,	73422
surface disposal, or disposal in a landfill or an incinerator.	73423

(f) "Land application" means the spraying or spreading of	73424
sewage sludge onto the land surface, the injection of sewage	73425
sludge below the land surface, or the incorporation of sewage	73426
sludge into the soil for the purposes of conditioning the soil or	73427
fertilizing crops or vegetation grown in the soil.	73428

(g) "Land reclamation" means the returning of disturbed land	73429
to productive use.	73430

(h) "Surface disposal" means the placement of sludge on an	73431
area of land for disposal, including, but not limited to,	73432
monofills, surface impoundments, lagoons, waste piles, or	73433
dedicated disposal sites.	73434

(i) "Incinerator" means an entity that disposes of sewage	73435
sludge through the combustion of organic matter and inorganic	73436
matter in sewage sludge by high temperatures in an enclosed	73437
device.	73438

(j) "Incineration facility" includes all incinerators owned	73439
or operated by the same entity and located on a contiguous tract	73440
of land. Areas of land are considered to be contiguous even if	73441
they are separated by a public road or highway.	73442

(k) "Annual sludge fee" means the fee assessed under division	73443
(Y)(1) of this section.	73444

(l) "Landfill" means a sanitary landfill facility, as defined	73445
in rules adopted under section 3734.02 of the Revised Code, that	73446
is licensed under section 3734.05 of the Revised Code.	73447

(m) "Preexisting land reclamation project" means a	73448
property-specific land reclamation project that has been in	73449
continuous operation for not less than five years pursuant to	73450
approval of the activity by the director and includes the	73451
implementation of a community outreach program concerning the	73452
activity.	73453

Sec. 3748.01. As used in this chapter:

73454

(A) "Byproduct material" means either of the following:

73455

(1) Any radioactive material, except special nuclear	73456
material, yielded in or made radioactive by exposure to radiation	73457
incident to the process of producing or utilizing special nuclear	73458
material;	73459

(2) The tailings or wastes produced by the extraction or	73460
concentration of uranium or thorium from any ore processed	73461
primarily for its source material content.	73462

(B) "Certified radiation expert" means an individual who has	73463
complied with all of the following:	73464

(1) Applied to the director of health for certification as a	73465
radiation expert under section 3748.12 of the Revised Code;	73466

(2) Met minimum education and experience requirements	73467
established in rules adopted under division (C) of section 3748.04	73468
of the Revised Code;	73469

(3) Been granted a certificate as a radiation expert by the	73470
director under section 3748.12 of the Revised Code.	73471

(C) "Closure" or "site closure" refers to a facility for the	73472
disposal of low-level radioactive waste or a byproduct material	73473
site, as "byproduct material" is defined in division (A)(2) of	73474
this section, and means all activities performed at a licensed	73475
operation, such as stabilization and contouring, to ensure that	73476
the site where the operation occurred is in a stable condition so	73477
that only minor custodial care, surveillance, and monitoring are	73478
necessary at the site following the termination of the licensed	73479
operation.	73480

(D) "Decommissioning" means to safely remove any licensed	73481
operation from service and reduce residual radioactivity to a	73482
level that permits release of the licensee's property for	73483
unrestricted use. With regard to a facility for the disposal of	73484
low-level radioactive waste or a byproduct material site, as	73485
"byproduct material" is defined in division (A)(2) of this	73486
section, "decommissioning" does not include the reduction of	73487
residual radioactivity to a level that permits release of the	73488
facility for unrestricted use.	73489

(E) "Director of health" includes a designee or authorized	73490
representative of the director.	73491

(F) "Disposal," with regard to low-level radioactive waste,	73492
means the permanent isolation of that waste in accordance with	73493
requirements established by the United States nuclear regulatory	73494
commission or the licensing agreement state.	73495

(G) "Disposal site" means that portion of a facility that is	73496
used for the disposal of low-level radioactive waste and that	73497
consists of disposal units and a buffer zone. "Disposal unit"	73498
means a discrete portion of such a facility into which low-level	73499
radioactive waste is placed for disposal.	73500

(H)(1) Except as provided in division (H)(2) of this section,	73501
"facility" means the state, any political subdivision, person,	73502
public or private institution, or group, or any unit of one of	73503
those entities, but does not include the federal government or any	73504
of its agencies.	73505

(2) For the purposes of the disposal of low-level radioactive	73506
waste, "facility" has the same meaning as in section 3747.01 of	73507
the Revised Code.	73508

(I) "Handle" means receive, possess, use, store, transfer,	73509
install, service, or dispose of sources of radiation unless	73510
possession is solely for the purpose of transportation.	73511

(J) "Handler" means a facility that handles sources of	73512
radiation unless possession is solely for the purpose of	73513
transportation.	73514

(K) "Inspection" means an official review, examination, or	73515
observation, including, without limitation, tests, surveys, and	73516
monitoring, that is used to determine compliance with rules,	73517
orders, requirements, and conditions of the department of health	73518
and that is conducted by the director of health.	73519

(L) "Low-level radioactive waste" has the same meaning as in	73520
section 3747.01 of the Revised Code with regard to the disposal of	73521
low-level radioactive waste. In regard to regulatory control at	73522
locations other than a disposal facility, "low-level radioactive	73523
waste" has the same meaning as in 42 U.S.C.A. 2021b.	73524

(M) "Quality assurance program" means a program providing for	73525
verification by written procedures such as testing, auditing, and	73526
inspection to ensure that deficiencies, deviations, defective	73527
equipment, or unsafe practices, or a combination thereof, relating	73528
to the use, disposal, management, or manufacture of radiation	73529
sources are identified, promptly corrected, and reported to the	73530
appropriate regulatory authorities.	73531

(N) "Radiation" means ionizing and nonionizing radiation.

73532

(1) "Ionizing radiation" means gamma rays and X-rays, alpha	73533
and beta particles, high-speed electrons, neutrons, protons, and	73534
other nuclear particles, but does not include sound or radio waves	73535
or visible, infrared, or ultraviolet light.	73536

(2) "Nonionizing radiation" means any electromagnetic	73537
radiation, other than ionizing electromagnetic radiation, or any	73538
sonic, ultrasonic, or infrasonic wave.	73539

(O) "Radioactive material" means any solid, liquid, or	73540
gaseous material that emits ionizing radiation spontaneously.	73541
"Radioactive material" includes accelerator-produced and naturally	73542
occurring materials and byproduct, source, and special nuclear	73543
material.	73544

(P) "Radiation-generating equipment" means any manufactured	73545
product or device, or component of such a product or device, or	73546
any machine or system that during operation can generate or emit	73547
radiation, except those that emit radiation only from radioactive	73548
material. "Radiation-generating equipment" does not include either	73549
of the following:	73550

(1) Diathermy machines;

73551

(2) Microwave ovens, including food service microwave ovens	73552
used for commercial and industrial uses, television receivers,	73553
electric lamps, and other household appliances and products that	73554
generate very low levels of radiation.	73555

(Q) "Source material" means uranium, thorium, or any	73556
combination thereof in any physical or chemical form, or any ores	73557
that contain by weight at least one-twentieth of one per cent of	73558
uranium, thorium, or any combination thereof. "Source material"	73559
does not include special nuclear material.	73560

(R) "Source of radiation" means radioactive material or	73561
radiation-generating equipment.	73562

(S) "Special nuclear material" means either of the following:

73563

(1) Plutonium, uranium 233, uranium enriched in the isotope	73564
233 or in the isotope 235, and any other material that the United	73565
States nuclear regulatory commission determines to be special	73566
nuclear material, but does not include source material pursuant to	73567
section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42	73568
U.S.C.A. 2071."	73569

(2) Except for any source material, any material artificially	73570
enriched by any of the materials identified in division (S)(1) of	73571
this section.	73572

(T) "Storage" means the retention of radioactive materials,	73573
including low-level radioactive waste, prior to disposal in a	73574
manner that allows for surveillance, control, and subsequent	73575
retrieval.	73576

(U) "Medical practitioner" means a person who is authorized	73577
pursuant to Chapter 4715. of the Revised Code to practice	73578
dentistry; pursuant to Chapter 4731. of the Revised Code to	73579
practice medicine and surgery, osteopathic medicine and surgery,	73580
or podiatric medicine and surgery; or pursuant to Chapter 4734. of	73581
the Revised Code to practice chiropractic.	73582

(V) "Medical-practitioner group" means a corporation,	73583
partnership, or other business entity, other than a hospital as	73584
defined in section 3727.01 of the Revised Code, consisting of	73585
medical practitioners.	73586

Sec. 3748.04. The public health council, in accordance with	73587
Chapter 119. of the Revised Code, shall adopt and may amend or	73588
rescind rules doing all of the following:	73589

(A) Listing types of radioactive material for which licensure	73590
by its handler is required and types of radiation-generating	73591
equipment for which registration by its handler is required, and	73592
establishing requirements governing them. Rules adopted under	73593
division (A) of this section shall be compatible with applicable	73594
federal regulations and shall establish all of the following,	73595
without limitation:	73596

(1) Requirements governing both of the following:

73597

(a) The licensing and inspection of handlers of radioactive	73598
material. Standards established in rules adopted under division	73599
(A)(1)(a) of this section regarding byproduct material or any	73600
activity that results in the production of that material, to the	73601
extent practicable, shall be equivalent to or more stringent than	73602
applicable standards established by the United States nuclear	73603
regulatory commission.	73604

(b) The registration and inspection of handlers of	73605
radiation-generating equipment. Standards established in rules	73606
adopted under division (A)(1)(b) of this section, to the extent	73607
practicable, shall be equivalent to applicable standards	73608
established by the food and drug administration in the United	73609
States department of health and human services.	73610

(2) Identification of and requirements governing possession	73611
and use of specifically licensed and generally licensed quantities	73612
of radioactive material as either sealed sources or unsealed	73613
sources;	73614

(3) A procedure for the issuance of and the frequency of	73615
renewal of the licenses of handlers of radioactive material, other	73616
than a license for a facility for the disposal of low-level	73617
radioactive waste, and of the certificates of registration of	73618
handlers of radiation-generating equipment;	73619

(4) Procedures for suspending and revoking the licenses of	73620
handlers of radioactive material and the certificates of	73621
registration of handlers of radiation-generating equipment;	73622

(5) Criteria to be used by the director of health in amending	73623
the license of a handler of radioactive material or the	73624
certificate of registration of a handler of radiation-generating	73625
equipment subsequent to its issuance;	73626

(6) Criteria for achieving and maintaining compliance with	73627
this chapter and rules adopted under it by licensees and	73628
registrants;	73629

(7) Criteria governing environmental monitoring of licensed	73630
and registered activities to assess compliance with this chapter	73631
and rules adopted under it;	73632

(8) ~~Except as otherwise provided in division (A)(8) of this~~	73633
~~section, fees~~Fees for ~~the~~both of the following:	73634

(a) The licensing of handlers ~~of radioactive material~~, other	73635
than ~~a facility~~facilities for the disposal of low-level	73636
radioactive waste, ~~and the~~of radioactive material;	73637

(b) The registration of handlers, other than facilities that	73638
are, or are operated by, medical practitioners or	73639
medical-practitioner groups, of radiation-generating equipment ~~and~~	73640
a.	73641

(9) A fee schedule for ~~their~~both of the following that	73642
includes fees for reviews, conducted during an inspection, of	73643
shielding plans or the adequacy of shielding:	73644

(a) The inspection of handlers of radioactive material;

73645

(b) The inspection of handlers, other than facilities that	73646
are, or are operated by, medical practitioners or	73647
medical-practitioner groups, of radiation-generating equipment.	73648
~~Rules adopted under division (A)(8) of this section shall not~~	73649
~~revise any fees established in section 3748.07 or 3748.13 of the~~	73650
~~Revised Code to be paid by any handler of radiation-generating~~	73651
~~equipment that is a medical practitioner or a corporation,~~	73652
~~partnership, or other business entity consisting of medical~~	73653
~~practitioners, other than a hospital as defined in section~~	73654
~~3727.01 of the Revised Code.~~	73655

~~As used in division (A)(8) of this section, "medical~~	73656
~~practitioner" means a person who is authorized to practice~~	73657
~~dentistry pursuant to Chapter 4715. of the Revised Code; medicine~~	73658
~~and surgery, osteopathic medicine and surgery, or podiatry~~	73659
~~pursuant to Chapter 4731. of the Revised Code; or chiropractic~~	73660
~~pursuant to Chapter 4734. of the Revised Code.~~	73661

(B)(1) Identifying sources of radiation, circumstances of	73662
possession, use, or disposal of sources of radiation, and levels	73663
of radiation that constitute an unreasonable or unnecessary risk	73664
to human health or the environment;	73665

(2) Establishing requirements for the achievement and	73666
maintenance of compliance with standards for the receipt,	73667
possession, use, storage, installation, transfer, servicing, and	73668
disposal of sources of radiation to prevent levels of radiation	73669
that constitute an unreasonable or unnecessary risk to human	73670
health or the environment;	73671

(3) Requiring the maintenance of records on the receipt, use,	73672
storage, transfer, and disposal of radioactive material and on the	73673
radiological safety aspects of the use and maintenance of	73674
radiation-generating equipment.	73675

In adopting rules under divisions (A) and (B) of this	73676
section, the council shall use standards no less stringent than	73677
the "suggested state regulations for control of radiation"	73678
prepared by the conference of radiation control program directors,	73679
inc., and regulations adopted by the United States nuclear	73680
regulatory commission, the United States environmental protection	73681
agency, and the United States department of health and human	73682
services and shall consider reports of the national council on	73683
radiation protection and measurement and the relevant standards of	73684
the American national standards institute.	73685

(C) Establishing fees, procedures, and requirements for	73686
certification as a radiation expert, including all of the	73687
following, without limitation:	73688

(1) Minimum training and experience requirements;

73689

(2) Procedures for applying for certification;

73690

(3) Procedures for review of applications and issuance of	73691
certificates;	73692

(4) Procedures for suspending and revoking certification.

73693

(D) Establishing a schedule for inspection of sources of	73694
radiation and their shielding and surroundings;	73695

(E) Establishing the responsibilities of a radiation expert;

73696

(F) Establishing criteria for quality assurance programs for	73697
licensees of radioactive material and registrants of	73698
radiation-generating equipment;	73699

(G) Establishing fees to be paid by any facility that, on	73700
September 8, 1995, holds a license from the United States nuclear	73701
regulatory commission in order to provide moneys necessary for the	73702
transfer of licensing and other regulatory authority from the	73703
commission to the state pursuant to section 3748.03 of the Revised	73704
Code. Rules adopted under this division shall stipulate that fees	73705
so established do not apply to any functions dealing specifically	73706
with a facility for the disposal of low-level radioactive waste.	73707
Fees collected under this division shall be deposited into the	73708
state treasury to the credit of the general operations fund	73709
created in section 3701.83 of the Revised Code. The fees shall be	73710
used solely to administer and enforce this chapter and rules	73711
adopted under it.	73712

(H) Establishing fees to be collected annually from	73713
generators of low-level radioactive waste, which shall be based	73714
upon the volume and radioactivity of the waste generated and the	73715
costs of administering low-level radioactive waste management	73716
activities under this chapter and rules adopted under it. All fees	73717
collected under this division shall be deposited into the state	73718
treasury to the credit of the general operations fund created in	73719
section 3701.83 of the Revised Code. The fees shall be used solely	73720
to administer and enforce this chapter and rules adopted under it.	73721
Any fee required under this division that has not been paid within	73722
ninety days after the invoice date shall be assessed at two times	73723
the original invoiced fee. Any fee that has not been paid within	73724
one hundred eighty days after the invoice date shall be assessed	73725
at five times the original invoiced fee.	73726

(I) Establishing requirements governing closure,	73727
decontamination, decommissioning, reclamation, and long-term	73728
surveillance and care of a facility licensed under this chapter	73729
and rules adopted under it. Rules adopted under division (I) of	73730
this section shall include, without limitation, all of the	73731
following:	73732

(1) Standards and procedures to ensure that a licensee	73733
prepares a decommissioning funding plan that provides an adequate	73734
financial guaranty to permit the completion of all requirements	73735
governing the closure, decontamination, decommissioning, and	73736
reclamation of sites, structures, and equipment used in	73737
conjunction with a licensed activity;	73738

(2) For licensed activities where radioactive material that	73739
will require surveillance or care is likely to remain at the site	73740
after the licensed activities cease, as indicated in the	73741
application for the license submitted under section 3748.07 of the	73742
Revised Code, standards and procedures to ensure that the licensee	73743
prepares an additional decommissioning funding plan for long-term	73744
surveillance and care, before termination of the license, that	73745
provides an additional adequate financial guaranty as necessary to	73746
provide for that surveillance and care;	73747

(3) For the purposes of the decommissioning funding plans	73748
required in rules adopted under divisions (I)(1) and (2) of this	73749
section, the types of acceptable financial guaranties, which shall	73750
include bonds issued by fidelity or surety companies authorized to	73751
do business in the state, certificates of deposit, deposits of	73752
government securities, irrevocable letters or lines of credit,	73753
trust funds, escrow accounts, or other similar types of	73754
arrangements, but shall not include any arrangement that	73755
constitutes self-insurance;	73756

(4) A requirement that the decommissioning funding plans	73757
required in rules adopted under divisions (I)(1) and (2) of this	73758
section contain financial guaranties in amounts sufficient to	73759
ensure compliance with any standards established by the United	73760
States nuclear regulatory commission, or by the state if it has	73761
become an agreement state pursuant to section 3748.03 of the	73762
Revised Code, pertaining to closure, decontamination,	73763
decommissioning, reclamation, and long-term surveillance and care	73764
of licensed activities and sites of licensees.	73765

Standards established in rules adopted under division (I) of	73766
this section regarding any activity that resulted in the	73767
production of byproduct material, as defined in division (A)(2) of	73768
section 3748.01 of the Revised Code, to the extent practicable,	73769
shall be equivalent to or more stringent than standards	73770
established by the United States nuclear regulatory commission for	73771
sites at which ores were processed primarily for their source	73772
material content and at which byproduct material, as defined in	73773
division (A)(2) of section 3748.01 of the Revised Code, is	73774
deposited.	73775

(J) Establishing criteria governing inspections of a facility	73776
for the disposal of low-level radioactive waste, including,	73777
without limitation, the establishment of a resident inspector	73778
program at such a facility;	73779

(K) Establishing requirements and procedures governing the	73780
filing of complaints under section 3748.16 of the Revised Code,	73781
including, without limitation, those governing intervention in a	73782
hearing held under division (B)(3) of that section.	73783

Sec. 3748.07. (A) Every facility that proposes to handle	73784
radioactive material or radiation-generating equipment for which	73785
licensure or registration, respectively, by its handler is	73786
required shall apply in writing to the director of health on forms	73787
prescribed and provided by the director for licensure or	73788
registration. Terms and conditions of licenses and certificates of	73789
registration may be amended in accordance with rules adopted under	73790
section 3748.04 of the Revised Code or orders issued by the	73791
director pursuant to section 3748.05 of the Revised Code.	73792

(B) ~~Until rules are adopted under section 3748.04 of the~~	73793
~~Revised Code~~(1) Except as provided in division (B)(2) of this	73794
section, an application for a license, registration certificate,	73795
or renewal of either shall be accompanied by the appropriate fee	73796
specified in rules adopted under section 3748.04 of the Revised	73797
Code.	73798

(2) In the case of an applicant that is, or is operated by, a	73799
medical practitioner or medical-practitioner group and proposes to	73800
handle radiation-generating equipment, an application for a	73801
certificate of registration shall be accompanied by a biennial	73802
registration fee of two hundred ~~eighteen~~sixty-two dollars and,	73803
in the case of a renewal application, a biennial renewal fee in	73804
the same amount. ~~On and after the effective date of those rules,~~	73805
~~an applicant for a license, registration certificate, or renewal~~	73806
~~of either shall pay the appropriate fee established in those~~	73807
~~rules.~~	73808

(C) All fees collected under this section shall be deposited	73809
in the state treasury to the credit of the general operations fund	73810
created in section 3701.83 of the Revised Code. The fees shall be	73811
used solely to administer and enforce this chapter and rules	73812
adopted under it.	73813

(D) Any fee required under this section that has not been	73814
paid within ninety days after the invoice date shall be assessed	73815
at two times the original invoiced fee. Any fee that has not been	73816
paid within one hundred eighty days after the invoice date shall	73817
be assessed at five times the original invoiced fee.	73818

~~(C)~~(E) The director shall grant a license or registration to	73819
any applicant who has paid the required fee and is in compliance	73820
with this chapter and rules adopted under it.	73821

~~Until rules are adopted under section 3748.04 of the Revised~~	73822
~~Code, certificates of registration shall be effective for two~~	73823
~~years from the date of issuance. On and after the effective date~~	73824
~~of those rules~~(F) Except as provided in division (B)(2) of this	73825
section, licenses and certificates of registration shall be	73826
effective for the applicable period established in ~~those~~ rules	73827
adopted under section 3748.04 of the Revised Code. Licenses and	73828
certificates of registration shall be renewed in accordance with	73829
the ~~standard~~ renewal procedure established in ~~Chapter 4745.~~rules	73830
adopted under section 3748.04 of the Revised Code.	73831

Sec. 3748.12. The director of health shall certify radiation	73832
experts pursuant to rules adopted under division (C) of section	73833
3748.04 of the Revised Code. The director shall issue a	73834
certificate to each person certified under this section. An	73835
individual certified by the director is qualified to develop,	73836
provide periodic review of, and conduct audits of the quality	73837
assurance program for sources of radiation for which such a	73838
program is required under division (A) of section 3748.13 of the	73839
Revised Code.	73840

The public health council shall establish an application fee	73841
for applying for certification and a biennial certification	73842
renewal fee in rules adopted under division (C) of section 3748.04	73843
of the Revised Code. ~~Until those rules are adopted, the~~	73844
~~application fee for initial certification shall be fifty dollars~~	73845
~~plus an additional twenty-five dollars for each type of~~	73846
~~radiation-generating equipment listed in division (B) of section~~	73847
~~3748.13 of the Revised Code for which application is being made.~~	73848
~~The certification renewal fee shall be one hundred fifteen~~	73849
~~dollars.~~ A certificate issued under this section shall expire two	73850
years after the date of its issuance. To maintain certification, a	73851
radiation expert shall apply to the director for renewal of	73852
certification in accordance with the standard renewal procedures	73853
established in Chapter 4745. of the Revised Code. The	73854
certification renewal fee is not required for initial	73855
certification, but shall be paid for every renewal of	73856
certification. Fees collected under this section shall be	73857
deposited into the state treasury to the credit of the general	73858
operations fund created in section 3701.83 of the Revised Code.	73859
The fees shall be used solely to administer and enforce this	73860
chapter and rules adopted under it. Any fee required under this	73861
section that has not been paid within ninety days after the	73862
invoice date shall be assessed at two times the original invoiced	73863
fee. Any fee that has not been paid within one hundred eighty days	73864
after the invoice date shall be assessed at five times the	73865
original invoiced fee.	73866

Sec. 3748.13. (A) The director of health shall inspect	73867
sources of radiation for which licensure or registration by the	73868
handler is required, and the sources' shielding and surroundings,	73869
according to the schedule established in rules adopted under	73870
division (D) of section 3748.04 of the Revised Code. In accordance	73871
with rules adopted under ~~that~~ section 3748.04 of the Revised Code,	73872
the director shall inspect all records and operating procedures	73873
of handlers that install or service sources of radiation and all	73874
sources of radiation for which licensure of radioactive material	73875
or registration of radiation-generating equipment by the handler	73876
is required. The director may make other inspections upon	73877
receiving complaints or other evidence of a violation of this	73878
chapter or rules adopted under it.	73879

The director shall require any hospital registered under	73880
division (A) of section 3701.07 of the Revised Code to develop and	73881
maintain a quality assurance program for all sources of	73882
radiation-generating equipment. A certified radiation expert	73883
shall conduct oversight and maintenance of the program and shall	73884
file a report of audits of the program with the director on forms	73885
prescribed by the director. The audit reports shall become part of	73886
the inspection record.	73887

(B) ~~Until rules are adopted under division (A)(8) of section~~	73888
~~3748.04 of the Revised Code~~(1) Except as provided in division	73889
(B)(2) of this section, a facility shall pay inspection fees for	73890
radioactive material and radiation-generating equipment according	73891
to the ~~following~~ schedule and categories established in rules	73892
adopted under division (A)(9) of section 3748.04 of the Revised	73893
Code.	73894

(2) A facility that is, or is operated by, a medical	73895
practitioner or medical-practitioner group shall pay inspection	73896
fees for radiation-generating equipment according to the following	73897
schedule and categories:	73898

First dental x-ray tube	$ ~~129.00~~ 155.00	73899
Each additional dental x-ray tube at the same location	$ ~~64.00~~ 77.00	73900
First medical x-ray tube	$ ~~256.00~~ 307.00	73901
Each additional medical x-ray tube at the same location	$ ~~136.00~~ 163.00	73902
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$ ~~508.00~~ 610.00	73903
First nonionizing radiation-generating equipment of any kind	$ ~~256.00~~ 307.00	73904
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ ~~136.00~~ 163.00	73905
Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation	$ ~~317.00~~ 380.00	73906

~~Until rules are adopted under division (A)(8) of section~~	73907
~~3748.04 of the Revised Code, the fee for an inspection to~~	73908
~~determine whether violations cited in a previous inspection have~~	73909
~~been corrected is fifty per cent of the fee applicable under the~~	73910
~~schedule in this division. Until those rules are adopted~~(C)(1)	73911
Except as provided in division (C)(2) of this section, the fee	73912
for the inspection of a facility that proposes to handle	73913
radioactive material or radiation-generating equipment and is not	73914
licensed or registered, and for which no license or registration	73915
application is pending at the time of inspection, is ~~three~~four	73916
hundred ~~ninety-five~~seventy-four dollars plus the applicable fee	73917
specified in rules adopted under division (A)(9) of section	73918
3748.04 of the Revised Code.	73919

(2) For a facility that is, or is operated by, a medical	73920
practitioner or medical-practitioner group and proposes to handle	73921
radiation-generating equipment, the fee for an inspection if the	73922
facility is not licensed or registered, and no license or	73923
registration is pending at the time of inspection, is four hundred	73924
seventy-four dollars plus the fee applicable under the schedule in	73925
~~this~~ division (B)(2) of this section.	73926

(D)(1) Except as provided in division (D)(2) of this section,	73927
for a facility that handles radioactive material or	73928
radiation-generating equipment, the fee for an inspection to	73929
determine whether violations cited in a previous inspection have	73930
been corrected is the amount specified in rules adopted under	73931
division (A)(9) of section 3748.04 of the Revised Code.	73932

(2) For a facility that is, or is operated by, a medical	73933
practitioner or medical-practitioner group and handles	73934
radiation-generating equipment, the fee for an inspection to	73935
determine whether violations cited in a previous inspection have	73936
been corrected is fifty per cent of the applicable fee under the	73937
schedule in division (B)(2) of this section.	73938

(E) The director may conduct a review of shielding plans or	73939
the adequacy of shielding on the request of a licensee or	73940
registrant or an applicant for licensure or registration or	73941
during an inspection when the director considers a review to be	73942
necessary. ~~Until rules are adopted under division (A)(8) of~~	73943
~~section 3748.04 of the Revised Code~~	73944

(1) Except as provided in division (E)(2) of this section,	73945
the fee for the review is ~~six~~the applicable amount specified in	73946
rules adopted under division (A)(9) of section 3748.04 of the	73947
Revised Code.	73948

(2) For a facility that is, or is operated by, a medical	73949
practitioner or medical-practitioner group and handles or proposes	73950
to handle radiation-generating equipment, the fee for the review	73951
is seven hundred ~~thirty-five~~sixty-two dollars for each room	73952
where a source of radiation is used and is in addition to any	73953
other fee applicable under the schedule in ~~this~~ division (B)(2)	73954
of this section.	73955

(F) All fees shall be paid to the department of health no	73956
later than thirty days after the invoice for the fee is mailed.	73957
Fees shall be deposited in the general operations fund created in	73958
section 3701.83 of the Revised Code. The fees shall be used solely	73959
to administer and enforce this chapter and rules adopted under it.	73960

(G) Any fee required under this section that has not been	73961
paid within ninety days after the invoice date shall be assessed	73962
at two times the original invoiced fee. Any fee that has not been	73963
paid within one hundred eighty days after the invoice date shall	73964
be assessed at five times the original invoiced fee.	73965

~~(C)~~(H) If the director determines that a board of health of a	73966
city or general health district is qualified to conduct	73967
inspections of radiation-generating equipment, the director may	73968
delegate to the board, by contract, the authority to conduct such	73969
inspections. In making a determination of the qualifications of a	73970
board of health to conduct those inspections, the director shall	73971
evaluate the credentials of the individuals who are to conduct the	73972
inspections of radiation-generating equipment and the radiation	73973
detection and measuring equipment available to them for that	73974
purpose. If a contract is entered into, the board shall have the	73975
same authority to make inspections of radiation-generating	73976
equipment as the director has under this chapter and rules adopted	73977
under it. The contract shall stipulate that only individuals	73978
approved by the director as qualified shall be permitted to	73979
inspect radiation-generating equipment under the contract's	73980
provisions. The contract shall provide for such compensation for	73981
services as is agreed to by the director and the board of health	73982
of the contracting health district. The director may reevaluate	73983
the credentials of the inspection personnel and their radiation	73984
detecting and measuring equipment as often as the director	73985
considers necessary and may terminate any contract with the board	73986
of health of any health district that, in the director's opinion,	73987
is not satisfactorily performing the terms of the contract.	73988

~~(D)~~(I) The director may enter at all reasonable times upon	73989
any public or private property to determine compliance with this	73990
chapter and rules adopted under it.	73991

Sec. 3749.04. (A) No person shall operate or maintain a	73992
public swimming pool, public spa, or special-use pool without a	73993
license issued by the licensor having jurisdiction.	73994

(B) Every person who intends to operate or maintain an	73995
existing public swimming pool, public spa, or special-use pool	73996
shall, during the month of April of each year, apply to the	73997
licensor having jurisdiction for a license to operate the pool or	73998
spa. Any person proposing to operate or maintain a new or	73999
otherwise unlicensed public swimming pool, public spa, or	74000
special-use pool shall apply to the licensor having jurisdiction	74001
at least thirty days prior to the intended start of operation of	74002
the pool or spa. Within thirty days of receipt of an application	74003
for licensure of a public swimming pool, public spa, or	74004
special-use pool, the licensor shall process the application and	74005
either issue a license or otherwise respond to the applicant	74006
regarding the application.	74007

(C) Each license issued shall be effective from the date of	74008
issuance until the last day of May of the following year.	74009

(D) Each licensor administering and enforcing sections	74010
3749.01 to 3749.09 of the Revised Code and the rules adopted	74011
thereunder may establish licensing and inspection fees in	74012
accordance with section 3709.09 of the Revised Code, which shall	74013
not exceed the cost of licensing and inspecting public swimming	74014
pools, public spas, and special-use pools.	74015

(E) Except as provided in division (F) of this section and in	74016
division (B) of section 3749.07 of the Revised Code, all license	74017
fees collected by a licensor shall be deposited into a swimming	74018
pool fund, which is hereby created in each health district. The	74019
fees shall be used by the licensor solely for the purpose of	74020
administering and enforcing this chapter and the rules adopted	74021
under this chapter.	74022

(F) An annual license fee established under division (D) of	74023
this section shall include any additional amount determined by	74024
rule of the public health council, which the ~~licensor~~board of	74025
health shall collect and transmit to the ~~treasurer of state to be~~	74026
~~deposited in the general operations fund created by section~~	74027
~~3701.83 of the Revised Code~~director of health pursuant to section	74028
3709.092 of the Revised Code. The amounts collected under this	74029
division shall be administered by the director of health and shall	74030
be used solely for the administration and enforcement of this	74031
chapter and the rules adopted under this chapter.	74032

Sec. 3770.05. (A) As used in this section, "person" means	74033
any person, association, corporation, partnership, club, trust,	74034
estate, society, receiver, trustee, person acting in a fiduciary	74035
or representative capacity, instrumentality of the state or any of	74036
its political subdivisions, or any other combination of	74037
individuals meeting the requirements set forth in this section or	74038
established by rule or order of the state lottery commission.	74039

(B) The director of the state lottery commission may license	74040
any person as a lottery sales agent. No license shall be issued to	74041
any person or group of persons to engage in the sale of lottery	74042
tickets as the person's or group's sole occupation or business.	74043

Before issuing any license to a lottery sales agent, the	74044
director shall consider all of the following:	74045

(1) The financial responsibility and security of the	74046
applicant and the applicant's business or activity;	74047

(2) The accessibility of the applicant's place of business or	74048
activity to the public;	74049

(3) The sufficiency of existing licensed agents to serve the	74050
public interest;	74051

(4) The volume of expected sales by the applicant;

74052

(5) Any other factors pertaining to the public interest,	74053
convenience, or trust.	74054

(C) Except as otherwise provided in division (F) of this	74055
section, the director of the state lottery commission shall refuse	74056
to grant, or shall suspend or revoke, a license if the applicant	74057
or licensee:	74058

(1) Has been convicted of a felony or has been convicted of a	74059
crime involving moral turpitude;	74060

(2) Has been convicted of an offense that involves illegal	74061
gambling;	74062

(3) Has been found guilty of fraud or misrepresentation in	74063
any connection;	74064

(4) Has been found to have violated any rule or order of the	74065
commission; or	74066

(5) Has been convicted of illegal trafficking in ~~food stamps~~	74067
supplemental nutrition assistance program benefits.	74068

(D) Except as otherwise provided in division (F) of this	74069
section, the director of the state lottery commission shall refuse	74070
to grant, or shall suspend or revoke, a license if the applicant	74071
or licensee is a corporation and any of the following applies:	74072

(1) Any of the corporation's directors, officers, or	74073
controlling shareholders has been found guilty of any of the	74074
activities specified in divisions (C)(1) to (5) of this section;	74075

(2) It appears to the director of the state lottery	74076
commission that, due to the experience, character, or general	74077
fitness of any director, officer, or controlling shareholder of	74078
the corporation, the granting of a license as a lottery sales	74079
agent would be inconsistent with the public interest, convenience,	74080
or trust;	74081

(3) The corporation is not the owner or lessee of the	74082
business at which it would conduct a lottery sales agency pursuant	74083
to the license applied for;	74084

(4) Any person, firm, association, or corporation other than	74085
the applicant or licensee shares or will share in the profits of	74086
the applicant or licensee, other than receiving dividends or	74087
distributions as a shareholder, or participates or will	74088
participate in the management of the affairs of the applicant or	74089
licensee.	74090

(E)(1) The director of the state lottery commission shall	74091
refuse to grant a license to an applicant for a lottery sales	74092
agent license and shall revoke a lottery sales agent license if	74093
the applicant or licensee is or has been convicted of a violation	74094
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	74095

(2) The director shall refuse to grant a license to an	74096
applicant for a lottery sales agent license that is a corporation	74097
and shall revoke the lottery sales agent license of a corporation	74098
if the corporation is or has been convicted of a violation of	74099
division (A) or (C)(1) of section 2913.46 of the Revised Code.	74100

(F) The director of the state lottery commission shall	74101
request the bureau of criminal identification and investigation,	74102
the department of public safety, or any other state, local, or	74103
federal agency to supply the director with the criminal records of	74104
any applicant for a lottery sales agent license, and may	74105
periodically request the criminal records of any person to whom a	74106
lottery sales agent license has been issued. At or prior to the	74107
time of making such a request, the director shall require an	74108
applicant or licensee to obtain fingerprint impressions on	74109
fingerprint cards prescribed by the superintendent of the bureau	74110
of criminal identification and investigation at a qualified law	74111
enforcement agency, and the director shall cause those	74112
fingerprint cards to be forwarded to the bureau of criminal	74113
identification and investigation, to the federal bureau of	74114
investigation, or to both bureaus. The commission shall assume the	74115
cost of obtaining the fingerprint cards.	74116

The director shall pay to each agency supplying criminal	74117
records for each investigation a reasonable fee, as determined by	74118
the agency.	74119

The commission may adopt uniform rules specifying time	74120
periods after which the persons described in divisions (C)(1) to	74121
(5) and (D)(1) to (4) of this section may be issued a license and	74122
establishing requirements for those persons to seek a court order	74123
to have records sealed in accordance with law.	74124

(G)(1) Each applicant for a lottery sales agent license shall	74125
do both of the following:	74126

(a) Pay to the state lottery commission, at the time the	74127
application is submitted, a fee in an amount that the director of	74128
the state lottery commission determines by rule adopted under	74129
Chapter 119. of the Revised Code and that the controlling board	74130
approves;	74131

(b) Prior to approval of the application, obtain a surety	74132
bond in an amount the director determines by rule adopted under	74133
Chapter 119. of the Revised Code or, alternatively, with the	74134
director's approval, deposit the same amount into a dedicated	74135
account for the benefit of the state lottery. The director also	74136
may approve the obtaining of a surety bond to cover part of the	74137
amount required, together with a dedicated account deposit to	74138
cover the remainder of the amount required.	74139

A surety bond may be with any company that complies with the	74140
bonding and surety laws of this state and the requirements	74141
established by rules of the commission pursuant to this chapter.	74142
A dedicated account deposit shall be conducted in accordance with	74143
policies and procedures the director establishes.	74144

A surety bond, dedicated account, or both, as applicable, may	74145
be used to pay for the lottery sales agent's failure to make	74146
prompt and accurate payments for lottery ticket sales, for missing	74147
or stolen lottery tickets, or for damage to equipment or materials	74148
issued to the lottery sales agent, or to pay for expenses the	74149
commission incurs in connection with the lottery sales agent's	74150
license.	74151

(2) A lottery sales agent license is effective for one year.

74152

A licensed lottery sales agent, on or before the date	74153
established by the director, shall renew the agent's license and	74154
provide at that time evidence to the director that the surety	74155
bond, dedicated account deposit, or both, required under division	74156
(G)(1)(b) of this section has been renewed or is active, whichever	74157
applies.	74158

Before the commission renews a lottery sales agent license,	74159
the lottery sales agent shall submit a renewal fee to the	74160
commission in an amount that the director determines by rule	74161
adopted under Chapter 119. of the Revised Code and that the	74162
controlling board approves. The renewal fee shall not exceed the	74163
actual cost of administering the license renewal and processing	74164
changes reflected in the renewal application. The renewal of the	74165
license is effective for up to one year.	74166

(3) A lottery sales agent license shall be complete,	74167
accurate, and current at all times during the term of the license.	74168
Any changes to an original license application or a renewal	74169
application may subject the applicant or lottery sales agent, as	74170
applicable, to paying an administrative fee that shall be in an	74171
amount that the director determines by rule adopted under Chapter	74172
119. of the Revised Code, that the controlling board approves, and	74173
that shall not exceed the actual cost of administering and	74174
processing the changes to an application.	74175

(4) The relationship between the commission and a lottery	74176
sales agent is one of trust. A lottery sales agent collects funds	74177
on behalf of the commission through the sale of lottery tickets	74178
for which the agent receives a compensation.	74179

(H) Pending a final resolution of any question arising under	74180
this section, the director of the state lottery commission may	74181
issue a temporary lottery sales agent license, subject to the	74182
terms and conditions the director considers appropriate.	74183

(I) If a lottery sales agent's rental payments for the	74184
lottery sales agent's premises are determined, in whole or in	74185
part, by the amount of retail sales the lottery sales agent makes,	74186
and if the rental agreement does not expressly provide that the	74187
amount of those retail sales includes the amounts the lottery	74188
sales agent receives from lottery ticket sales, only the amounts	74189
the lottery sales agent receives as compensation from the state	74190
lottery commission for selling lottery tickets shall be considered	74191
to be amounts the lottery sales agent receives from the retail	74192
sales the lottery sales agent makes, for the purpose of computing	74193
the lottery sales agent's rental payments.	74194

Sec. 3773.35. Any person who wishes to conduct a public or	74195
private competition that involves boxing or, wrestling ~~match or~~	74196
~~exhibition~~, mixed martial arts, kick boxing, tough man contests,	74197
tough guy contests, or any other form of boxing or martial arts	74198
shall apply to the Ohio athletic commission for a promoter's	74199
license. Each application shall be filed with the commission on	74200
forms provided by the commission, and shall be accompanied by an	74201
application fee as prescribed in section 3773.43 of the Revised	74202
Code and, with the exception of wrestling events, by a ~~cash~~	74203
~~bond, certified check, bank draft, or~~ surety bond of not less	74204
than ~~five~~twenty thousand dollars conditioned for compliance	74205
with sections 3773.31 to 3773.57 of the Revised Code and the	74206
rules of the commission. ~~The applicant shall verify the~~	74207
~~application under oath.~~	74208

The commission shall prescribe the form of the application	74209
for the promoter's license. The application shall include the name	74210
of the applicant, the post office address of the applicant, and	74211
any other information the commission requires.	74212

Sec. 3773.36. Upon the proper filing of an application to	74213
conduct any public or private competition that involves boxing or	74214
~~wrestling matches or exhibitions~~, mixed martial arts, kick boxing,	74215
tough man contests, tough guy contests, or any other form of	74216
boxing or martial arts, accompanied by the ~~cash bond, certified~~	74217
~~check, bank draft, or~~ surety bond ~~required by section 3773.35,~~ and	74218
the application fee ~~required by section 3773.43 of the Revised~~	74219
~~Code~~, or upon the proper filing of an application to conduct any	74220
public or private competition that involves wrestling accompanied	74221
by the application fee, the Ohio athletic commission shall issue a	74222
promoter's license to the applicant if it finds that the applicant	74223
is not in default on any payment, obligation, or debt payable to	74224
the state under sections 3773.31 to 3773.57 of the Revised Code,	74225
is financially responsible, and is knowledgeable in the proper	74226
conduct of such matches or exhibitions.	74227

Each license issued pursuant to this section shall bear the	74228
name of the licensee, the post office address of the licensee, the	74229
date of ~~issue~~expiration, ~~a serial~~an identification number	74230
designated by the commission, and the seal of the commission~~, and~~	74231
~~the signature of the commission chairperson~~.	74232

A promoter's license shall expire twelve months after its	74233
date of issuance and shall become invalid on that date unless	74234
renewed. A promoter's license may be renewed upon application to	74235
the commission and upon payment of the renewal fee prescribed in	74236
section 3773.43 of the Revised Code. The commission shall renew	74237
the license unless it denies the application for renewal for one	74238
or more reasons stated in section 3123.47 or 3773.53 of the	74239
Revised Code.	74240

Sec. 3773.43. The Ohio athletic commission shall charge the	74241
following fees:	74242

(A) For an application for or renewal of a promoter's license	74243
for a public or private competition that involves boxing ~~matches~~	74244
~~or exhibitions~~, mixed martial arts, kick boxing, tough man	74245
contests, tough guy contests, or any other form of boxing or	74246
martial arts, one hundred dollars.	74247

(B) For an application for or renewal of a license to	74248
participate in a public boxing match or exhibition as a	74249
contestant, or as a referee, judge, matchmaker, manager,	74250
timekeeper, trainer, or second of a contestant, twenty dollars.	74251

(C) For a permit to conduct a public boxing match or	74252
exhibition, fifty dollars.	74253

(D) For an application for or renewal of a promoter's license	74254
for ~~professional~~a public or private competition that involves	74255
wrestling ~~matches or exhibitions~~, two hundred dollars.	74256

(E) For a permit to conduct a professional wrestling match or	74257
exhibition, one hundred dollars.	74258

The commission, subject to the approval of the controlling	74259
board, may establish fees in excess of the amounts provided in	74260
this section, provided that such fees do not exceed the amounts	74261
permitted by this section by more than fifty per cent.	74262

The fees prescribed by this section shall be paid to the	74263
treasurer of state, who shall deposit the fees in the occupational	74264
licensing and regulatory fund.	74265

Sec. 3773.45. (A) ~~Each contestant in a public boxing match~~	74266
~~or exhibition shall be examined not more than twenty-four hours~~	74267
~~before entering the ring by a licensed physician, a physician~~	74268
~~assistant, a clinical nurse specialist, a certified nurse~~	74269
~~practitioner, or a certified nurse-midwife. Each contestant who~~	74270
~~has had a previous match or exhibition on or after July 27, 1981,~~	74271
~~and was knocked out at that match or exhibition shall present to~~	74272
~~the examiner a record of the physical examination performed at the~~	74273
~~conclusion of that match or exhibition. If, after reviewing such~~	74274
~~record and performing a physical examination of the contestant,~~	74275
~~the examiner determines that the contestant is physically fit to~~	74276
~~compete, the physician shall certify that fact on the contestant's~~	74277
~~physical examination form. No physician, physician assistant,~~	74278
~~clinical nurse specialist, certified nurse practitioner, or~~	74279
~~certified nurse-midwife shall certify a contestant as physically~~	74280
~~fit to compete if the physician, physician assistant, clinical~~	74281
~~nurse specialist, certified nurse practitioner, or certified~~	74282
~~nurse-midwife determines that the contestant was knocked out in a~~	74283
~~contest that took place within the preceding thirty days. No~~	74284
~~contestant shall compete in a public boxing match or exhibition~~	74285
~~unless the contestant has been certified as physically fit in~~	74286
~~accordance with this section.~~	74287

~~Immediately after the end of a match or exhibition, the~~	74288
~~examiner shall examine each contestant who was knocked out in the~~	74289
~~match or exhibition, and record the outcome of the match or~~	74290
~~exhibition and any physical injuries sustained by the contestant~~	74291
~~on the contestant's physical examination form.~~	74292

~~Within twenty-four hours after the match or exhibition, the~~	74293
~~examiner shall mail one copy of the examination report to the Ohio~~	74294
~~athletic commission and one copy to the contestant. The commission~~	74295
~~shall furnish blank copies of the examination report to the~~	74296
~~examiner. The examiner shall answer all questions on the form. The~~	74297
~~person conducting the match or exhibition shall compensate the~~	74298
~~examiner. No person shall conduct such a match or exhibition~~	74299
~~unless an examiner appointed by the commission is in attendance.~~	74300
The Ohio athletic commission shall adopt, and may amend or	74301
rescind, rules that do both of the following:	74302

(1) Require the physical examination by appropriate medical	74303
personnel of each contestant in any public competition that	74304
involves boxing, mixed martial arts, kick boxing, karate, tough	74305
man contests, or any other form of boxing or martial arts within a	74306
specified time period before and after the competition to	74307
determine whether the contestant is physically fit to compete in	74308
the competition under specified standards, has sustained physical	74309
injuries in the competition, or requires follow-up examination;	74310
and	74311

(2) Require the reporting of each examination to the	74312
commission.	74313

(B) No holder of a promoter's license shall conduct a boxing	74314
match or exhibition that exceeds twelve rounds. Each round shall	74315
be not more than three minutes in length. A period of at least one	74316
minute, during which no boxing or sparring takes place, shall	74317
occur between rounds.	74318

No holder of a promoter's license or a permit issued under	74319
section 3773.39 of the Revised Code shall allow a professional	74320
boxer to participate in more than twelve rounds of boxing within a	74321
period of seventy-two consecutive hours. For any match or	74322
exhibition or for a class of contestants, the commission may limit	74323
the number of rounds within the maximum of twelve rounds.	74324

(C) No person shall conduct a boxing match or exhibition	74325
unless a licensed referee appointed by the commission and paid by	74326
the person is present. The referee shall direct and control the	74327
match or exhibition. Before each match or exhibition the referee	74328
shall obtain from each contestant the name of the contestant's	74329
chief second and shall hold the chief second responsible for the	74330
conduct of any assistant seconds during the match or exhibition.	74331
The referee may declare a prize, remuneration, or purse or any	74332
part thereof to which a contestant is otherwise entitled withheld	74333
if, in the referee's judgment, the contestant is not competing or	74334
did not compete honestly. A contestant may appeal the referee's	74335
decision in a hearing before the commission conducted in	74336
accordance with section 3773.52 of the Revised Code.	74337

(D) No person shall hold or conduct a boxing match or	74338
exhibition unless three licensed judges appointed by the	74339
commission and paid by the person are present. Each judge shall	74340
render a decision at the end of each match or exhibition. The	74341
judges shall determine the outcome of the match or exhibition, and	74342
their decision shall be final.	74343

(E) Each contestant in a boxing match or exhibition shall	74344
wear gloves weighing not less than six ounces during the boxing	74345
match or exhibition.	74346

Sec. 3773.53. The Ohio athletic commission may revoke,	74347
suspend, or refuse to renew any license issued under sections	74348
3773.31 to 3773.57 of the Revised Code if the licensee:	74349

(A) Has committed an act detrimental to any sport regulated	74350
by this chapter or to the public interest, convenience, or	74351
necessity;	74352

(B) Is associating or consorting with any person who has been	74353
convicted of a crime involving the sports regulated by the	74354
commission;	74355

(C) Is or has been consorting with bookmakers or gamblers, or	74356
has engaged in similar pursuits;	74357

(D) Is financially irresponsible;

74358

(E) Has been found guilty of any fraud or misrepresentation	74359
in connection with any sport regulated by this chapter;	74360

(F) Has violated any law with respect to any sport regulated	74361
by this chapter or any rule or order of the commission;	74362

(G) Has engaged in any other activity that the commission	74363
determines is detrimental to any sport regulated by this chapter.	74364

The commission, in addition to any other action it may take	74365
under this chapter, may impose a fine ~~of not more than one~~	74366
~~hundred dollars~~in an amount to be determined by rule of the	74367
commission adopted under Chapter 119. of the Revised Code against	74368
any person licensed under sections 3773.31 to 3773.57 of the	74369
Revised Code for a violation of any of these sections or a	74370
violation of any rule or order of the commission. The amount of	74371
fines collected shall be deposited into the general revenue	74372
fund.	74373

Sec. 3781.03. (A) The state fire marshal, the fire chief of a	74374
municipal corporation that has a fire department, or the fire	74375
chief of a township that has a fire department shall enforce the	74376
provisions of this chapter and Chapter 3791. of the Revised Code	74377
that relate to fire prevention.	74378

(B) The superintendent of ~~the division of industrial~~	74379
~~compliance~~labor, or the building inspector or commissioner of	74380
buildings in a municipal corporation, county, or township in which	74381
the building department is certified by the board of building	74382
standards under section 3781.10 of the Revised Code shall enforce	74383
in the jurisdiction of each entity all the provisions in this	74384
chapter and Chapter 3791. of the Revised Code and any rules	74385
adopted pursuant to those chapters that relate to the	74386
construction, arrangement, and erection of all buildings or parts	74387
of buildings, as defined in section 3781.06 of the Revised Code,	74388
including the sanitary condition of those buildings in relation to	74389
heating and ventilation.	74390

(C) The division of ~~industrial compliance~~labor in the	74391
department of commerce, boards of health of health districts,	74392
certified departments of building inspection of municipal	74393
corporations, and county building departments that have authority	74394
to perform inspections pursuant to a contract under division	74395
(C)(1) of section 3703.01 of the Revised Code, subject to	74396
Chapter 3703. of the Revised Code, shall enforce this chapter	74397
and Chapter 3791. of the Revised Code and the rules adopted	74398
pursuant to those chapters that relate to plumbing. Building	74399
drains are considered plumbing for the purposes of enforcement	74400
of those chapters.	74401

(D)(1) In accordance with Chapter 3703. of the Revised Code,	74402
the department of the city engineer, in cities having such	74403
departments, the boards of health of health districts, or the	74404
sewer purveyor, as appropriate, shall have complete authority to	74405
supervise and regulate the entire sewerage and drainage system in	74406
the jurisdiction in which it is exercising the authority described	74407
in this division, including the building sewer and all laterals	74408
draining into the street sewers.	74409

(2) In accordance with Chapter 3703. of the Revised Code, the	74410
department of the city engineer, the boards of health of health	74411
districts, or the sewer purveyor, as appropriate, shall control	74412
and supervise the installation and construction of all drains and	74413
sewers that become a part of the sewerage system and shall issue	74414
all the necessary permits and licenses for the construction and	74415
installation of all building sewers and of all other lateral	74416
drains that empty into the main sewers. The department of the city	74417
engineer, the boards of health of health districts, and the sewer	74418
purveyor, as appropriate, shall keep a permanent record of the	74419
installation and location of every drain and sewer of the drainage	74420
and sewerage system of the jurisdiction in which it has exercised	74421
the authority described in this division.	74422

(E) This section does not exempt any officer or department	74423
from the obligation to enforce this chapter and Chapter 3791. of	74424
the Revised Code.	74425

Sec. 3781.10. (A)(1) The board of building standards shall	74426
formulate and adopt rules governing the erection, construction,	74427
repair, alteration, and maintenance of all buildings or classes of	74428
buildings specified in section 3781.06 of the Revised Code,	74429
including land area incidental to those buildings, the	74430
construction of industrialized units, the installation of	74431
equipment, and the standards or requirements for materials used	74432
in connection with those buildings. The board shall incorporate	74433
those rules into separate residential and nonresidential building	74434
codes. The standards shall relate to the conservation of energy	74435
and the safety and sanitation of those buildings.	74436

(2) The rules governing nonresidential buildings are the	74437
lawful minimum requirements specified for those buildings and	74438
industrialized units, except that no rule other than as provided	74439
in division (C) of section 3781.108 of the Revised Code that	74440
specifies a higher requirement than is imposed by any section of	74441
the Revised Code is enforceable. The rules governing residential	74442
buildings are uniform requirements for residential buildings in	74443
any area with a building department certified to enforce the state	74444
residential building code. In no case shall any local code or	74445
regulation differ from the state residential building code unless	74446
that code or regulation addresses subject matter not addressed by	74447
the state residential building code or is adopted pursuant to	74448
section 3781.01 of the Revised Code.	74449

(3) The rules adopted pursuant to this section are complete,	74450
lawful alternatives to any requirements specified for buildings	74451
or industrialized units in any section of the Revised Code. The	74452
board shall, on its own motion or on application made under	74453
sections 3781.12 and 3781.13 of the Revised Code, formulate,	74454
propose, adopt, modify, amend, or repeal the rules to the extent	74455
necessary or desirable to effectuate the purposes of sections	74456
3781.06 to 3781.18 of the Revised Code.	74457

(B) The board shall report to the general assembly proposals	74458
for amendments to existing statutes relating to the purposes	74459
declared in section 3781.06 of the Revised Code that public	74460
health and safety and the development of the arts require and	74461
shall recommend any additional legislation to assist in carrying	74462
out fully, in statutory form, the purposes declared in that	74463
section. The board shall prepare and submit to the general	74464
assembly a summary report of the number, nature, and disposition	74465
of the petitions filed under sections 3781.13 and 3781.14 of the	74466
Revised Code.	74467

(C) On its own motion or on application made under sections	74468
3781.12 and 3781.13 of the Revised Code, and after thorough	74469
testing and evaluation, the board shall determine by rule that any	74470
particular fixture, device, material, process of manufacture,	74471
manufactured unit or component, method of manufacture, system, or	74472
method of construction complies with performance standards adopted	74473
pursuant to section 3781.11 of the Revised Code. The board shall	74474
make its determination with regard to adaptability for safe and	74475
sanitary erection, use, or construction, to that described in any	74476
section of the Revised Code, wherever the use of a fixture,	74477
device, material, method of manufacture, system, or method of	74478
construction described in that section of the Revised Code is	74479
permitted by law. The board shall amend or annul any rule or issue	74480
an authorization for the use of a new material or manufactured	74481
unit on any like application. No department, officer, board, or	74482
commission of the state other than the board of building standards	74483
or the board of building appeals shall permit the use of any	74484
fixture, device, material, method of manufacture, newly designed	74485
product, system, or method of construction at variance with what	74486
is described in any rule the board of building standards adopts or	74487
issues or that is authorized by any section of the Revised Code.	74488
Nothing in this section shall be construed as requiring approval,	74489
by rule, of plans for an industrialized unit that conforms with	74490
the rules the board of building standards adopts pursuant to	74491
section 3781.11 of the Revised Code.	74492

(D) The board shall recommend rules, codes, and standards to	74493
help carry out the purposes of section 3781.06 of the Revised Code	74494
and to help secure uniformity of state administrative rulings and	74495
local legislation and administrative action to the bureau of	74496
workers' compensation, the director of commerce, any other	74497
department, officer, board, or commission of the state, and to	74498
legislative authorities and building departments of counties,	74499
townships, and municipal corporations, and shall recommend that	74500
they audit those recommended rules, codes, and standards by any	74501
appropriate action that they are allowed pursuant to law or the	74502
constitution.	74503

(E)(1) The board shall certify municipal, township, and	74504
county building departments and the personnel of those building	74505
departments, and persons and employees of individuals, firms, or	74506
corporations as described in division (E)(7) of this section to	74507
exercise enforcement authority, to accept and approve plans and	74508
specifications, and to make inspections, pursuant to sections	74509
3781.03, 3791.04, and 4104.43 of the Revised Code.	74510

(2) The board shall certify departments, personnel, and	74511
persons to enforce the state residential building code, to enforce	74512
the nonresidential building code, or to enforce both the	74513
residential and the nonresidential building codes. Any department,	74514
personnel, or person may enforce only the type of building code	74515
for which certified.	74516

(3) The board shall not require a building department, its	74517
personnel, or any persons that it employs to be certified for	74518
residential building code enforcement if that building department	74519
does not enforce the state residential building code. The board	74520
shall specify, in rules adopted pursuant to Chapter 119. of the	74521
Revised Code, the requirements for certification for residential	74522
and nonresidential building code enforcement, which shall be	74523
consistent with this division. The requirements for residential	74524
and nonresidential certification may differ. Except as otherwise	74525
provided in this division, the requirements shall include, but are	74526
not limited to, the satisfactory completion of an initial	74527
examination and, to remain certified, the completion of a	74528
specified number of hours of continuing building code education	74529
within each three-year period following the date of certification	74530
which shall be not less than thirty hours. The rules shall provide	74531
that continuing education credits and certification issued by the	74532
council of American building officials, national model code	74533
organizations, and agencies or entities the board recognizes are	74534
acceptable for purposes of this division. The rules shall specify	74535
requirements that are compatible, to the extent possible, with	74536
requirements the council of American building officials and	74537
national model code organizations establish.	74538

(4) The board shall establish and collect a certification and	74539
renewal fee for building department personnel, and persons and	74540
employees of persons, firms, or corporations as described in this	74541
section, who are certified pursuant to this division.	74542

(5) Any individual certified pursuant to this division shall	74543
complete the number of hours of continuing building code education	74544
that the board requires or, for failure to do so, forfeit	74545
certification.	74546

(6) This division does not require or authorize the board to	74547
certify personnel of municipal, township, and county building	74548
departments, and persons and employees of persons, firms, or	74549
corporations as described in this section, whose responsibilities	74550
do not include the exercise of enforcement authority, the approval	74551
of plans and specifications, or making inspections under the state	74552
residential and nonresidential building codes.	74553

(7) Enforcement authority for approval of plans and	74554
specifications and enforcement authority for inspections may be	74555
exercised, and plans and specifications may be approved and	74556
inspections may be made on behalf of a municipal corporation,	74557
township, or county, by any of the following who the board of	74558
building standards certifies:	74559

(a) Officers or employees of the municipal corporation,	74560
township, or county;	74561

(b) Persons, or employees of persons, firms, or corporations,	74562
pursuant to a contract to furnish architectural, engineering, or	74563
other services to the municipal corporation, township, or county;	74564

(c) Officers or employees of, and persons under contract	74565
with, a municipal corporation, township, county, health district,	74566
or other political subdivision, pursuant to a contract to furnish	74567
architectural, engineering, or other services.	74568

(8) Municipal, township, and county building departments have	74569
jurisdiction within the meaning of sections 3781.03, 3791.04, and	74570
4104.43 of the Revised Code, only with respect to the types of	74571
buildings and subject matters for which they are certified under	74572
this section.	74573

(9) Certification shall be granted upon application by the	74574
municipal corporation, the board of township trustees, or the	74575
board of county commissioners and approval of that application by	74576
the board of building standards. The application shall set forth:	74577

(a) Whether the certification is requested for residential or	74578
nonresidential buildings, or both;	74579

(b) The number and qualifications of the staff composing the	74580
building department;	74581

(c) The names, addresses, and qualifications of persons,	74582
firms, or corporations contracting to furnish work or services	74583
pursuant to division (E)(7)(b) of this section;	74584

(d) The names of any other municipal corporation, township,	74585
county, health district, or political subdivision under contract	74586
to furnish work or services pursuant to division (E)(7) of this	74587
section;	74588

(e) The proposed budget for the operation of the building	74589
department.	74590

(10) The board of building standards shall adopt rules	74591
governing all of the following:	74592

(a) The certification of building department personnel and	74593
persons and employees of persons, firms, or corporations	74594
exercising authority pursuant to division (E)(7) of this section.	74595
The rules shall disqualify any employee of the department or	74596
person who contracts for services with the department from	74597
performing services for the department when that employee or	74598
person would have to pass upon, inspect, or otherwise exercise	74599
authority over any labor, material, or equipment the employee or	74600
person furnishes for the construction, alteration, or maintenance	74601
of a building or the preparation of working drawings or	74602
specifications for work within the jurisdictional area of the	74603
department. The department shall provide other similarly qualified	74604
personnel to enforce the residential and nonresidential building	74605
codes as they pertain to that work.	74606

(b) The minimum services to be provided by a certified	74607
building department.	74608

(11) The board of building standards may revoke or suspend	74609
certification to enforce the residential and nonresidential	74610
building codes, on petition to the board by any person affected by	74611
that enforcement or approval of plans, or by the board on its own	74612
motion. Hearings shall be held and appeals permitted on any	74613
proceedings for certification or revocation or suspension of	74614
certification in the same manner as provided in section 3781.101	74615
of the Revised Code for other proceedings of the board of building	74616
standards.	74617

(12) Upon certification, and until that authority is revoked,	74618
any county or township building department shall enforce the	74619
residential and nonresidential building codes for which it is	74620
certified without regard to limitation upon the authority of	74621
boards of county commissioners under Chapter 307. of the Revised	74622
Code or boards of township trustees under Chapter 505. of the	74623
Revised Code.	74624

(F) In addition to hearings sections 3781.06 to 3781.18 and	74625
3791.04 of the Revised Code require, the board of building	74626
standards shall make investigations and tests, and require from	74627
other state departments, officers, boards, and commissions	74628
information the board considers necessary or desirable to assist	74629
it in the discharge of any duty or the exercise of any power	74630
mentioned in this section or in sections 3781.06 to 3781.18,	74631
3791.04, and 4104.43 of the Revised Code.	74632

(G) The board shall adopt rules and establish reasonable fees	74633
for the review of all applications submitted where the applicant	74634
applies for authority to use a new material, assembly, or product	74635
of a manufacturing process. The fee shall bear some reasonable	74636
relationship to the cost of the review or testing of the	74637
materials, assembly, or products and for the notification of	74638
approval or disapproval as provided in section 3781.12 of the	74639
Revised Code.	74640

(H) The residential construction advisory committee shall	74641
provide the board with a proposal for a state residential building	74642
code that the committee recommends pursuant to division ~~(C)~~(D)(1)	74643
of section 4740.14 of the Revised Code. Upon receiving a	74644
recommendation from the committee that is acceptable to the board,	74645
the board shall adopt rules establishing that code as the state	74646
residential building code.	74647

(I) The committee shall provide the board with proposed	74648
rules to update or amend the state residential building code or	74649
to update or amend rules that the board adopts pursuant to	74650
division (E) of this section that relate to the certification of	74651
entities that enforce the state residential building code that	74652
the committee recommends pursuant to division (D)(2) of section	74653
4740.14 of the Revised Code.	74654

(J) The board shall cooperate with the director of job and	74655
family services when the director promulgates rules pursuant to	74656
section 5104.05 of the Revised Code regarding safety and	74657
sanitation in type A family day-care homes.	74658

~~(J)~~(K) The board shall adopt rules to implement the	74659
requirements of section 3781.108 of the Revised Code.	74660

Sec. 3781.102. (A) Any county or municipal building	74661
department certified pursuant to division (E) of section 3781.10	74662
of the Revised Code as of September 14, 1970, and that, as of	74663
that date, was inspecting single-family, two-family, and	74664
three-family residences, and any township building department	74665
certified pursuant to division (E) of section 3781.10 of the	74666
Revised Code, is hereby declared to be certified to inspect	74667
single-family, two-family, and three-family residences containing	74668
industrialized units, and shall inspect the buildings or classes	74669
of buildings subject to division (E) of section 3781.10 of the	74670
Revised Code.	74671

(B) Each board of county commissioners may adopt, by	74672
resolution, rules establishing standards and providing for the	74673
licensing of electrical and heating, ventilating, and air	74674
conditioning contractors who are not required to hold a valid and	74675
unexpired license pursuant to Chapter 4740. of the Revised Code.	74676

Rules adopted by a board of county commissioners pursuant to	74677
this division may be enforced within the unincorporated areas of	74678
the county and within any municipal corporation where the	74679
legislative authority of the municipal corporation has contracted	74680
with the board for the enforcement of the county rules within the	74681
municipal corporation pursuant to section 307.15 of the Revised	74682
Code. The rules shall not conflict with rules adopted by the board	74683
of building standards pursuant to section 3781.10 of the Revised	74684
Code or by the department of commerce pursuant to Chapter 3703. of	74685
the Revised Code. This division does not impair or restrict the	74686
power of municipal corporations under Section 3 of Article XVIII,	74687
Ohio Constitution, to adopt rules concerning the erection,	74688
construction, repair, alteration, and maintenance of buildings and	74689
structures or of establishing standards and providing for the	74690
licensing of specialty contractors pursuant to section 715.27 of	74691
the Revised Code.	74692

A board of county commissioners, pursuant to this division,	74693
may require all electrical contractors and heating, ventilating,	74694
and air conditioning contractors, other than those who hold a	74695
valid and unexpired license issued pursuant to Chapter 4740. of	74696
the Revised Code, to successfully complete an examination, test,	74697
or demonstration of technical skills, and may impose a fee and	74698
additional requirements for a license to engage in their	74699
respective occupations within the jurisdiction of the board's	74700
rules under this division.	74701

(C) No board of county commissioners shall require any	74702
specialty contractor who holds a valid and unexpired license	74703
issued pursuant to Chapter 4740. of the Revised Code to	74704
successfully complete an examination, test, or demonstration of	74705
technical skills in order to engage in the type of contracting	74706
for which the license is held, within the unincorporated areas of	74707
the county and within any municipal corporation whose legislative	74708
authority has contracted with the board for the enforcement of	74709
county regulations within the municipal corporation, pursuant to	74710
section 307.15 of the Revised Code.	74711

(D) A board may impose a fee for registration of a specialty	74712
contractor who holds a valid and unexpired license issued pursuant	74713
to Chapter 4740. of the Revised Code before that specialty	74714
contractor may engage in the type of contracting for which the	74715
license is held within the unincorporated areas of the county and	74716
within any municipal corporation whose legislative authority has	74717
contracted with the board for the enforcement of county	74718
regulations within the municipal corporation, pursuant to section	74719
307.15 of the Revised Code, provided that the fee is the same for	74720
all specialty contractors who wish to engage in that type of	74721
contracting. If a board imposes such a fee, the board immediately	74722
shall permit a specialty contractor who presents proof of holding	74723
a valid and unexpired license and pays the required fee to engage	74724
in the type of contracting for which the license is held within	74725
the unincorporated areas of the county and within any municipal	74726
corporation whose legislative authority has contracted with the	74727
board for the enforcement of county regulations within the	74728
municipal corporation, pursuant to section 307.15 of the Revised	74729
Code.	74730

(E) The political subdivision associated with each municipal,	74731
township, and county building department the board of building	74732
standards certifies pursuant to division (E) of section 3781.10 of	74733
the Revised Code may prescribe fees to be paid by persons,	74734
political subdivisions, or any department, agency, board,	74735
commission, or institution of the state, for the acceptance and	74736
approval of plans and specifications, and for the making of	74737
inspections, pursuant to sections 3781.03 and 3791.04 of the	74738
Revised Code.	74739

(F) Each political subdivision that prescribes fees pursuant	74740
to division (E) of this section shall collect, on behalf of the	74741
board of building standards, fees equal to the following:	74742

(1) Three per cent of the fees the political subdivision	74743
collects in connection with nonresidential buildings;	74744

(2) One per cent of the fees the political subdivision	74745
collects in connection with residential buildings.	74746

(G)(1) The board shall adopt rules, in accordance with	74747
Chapter 119. of the Revised Code, specifying the manner in which	74748
the fee assessed pursuant to division (F) of this section shall be	74749
collected and remitted monthly to the board. The board shall pay	74750
the fees into the state treasury to the credit of the ~~industrial~~	74751
~~compliance~~labor operating fund created in section 121.084 of the	74752
Revised Code.	74753

(2) All money credited to the ~~industrial compliance~~labor	74754
operating fund under this division shall be used exclusively for	74755
the following:	74756

(a) Operating costs of the board;

74757

(b) Providing services, including educational programs, for	74758
the building departments that are certified by the board pursuant	74759
to division (E) of section 3781.10 of the Revised Code;	74760

(c) Paying the expenses of the residential construction	74761
advisory committee, including the expenses of committee members as	74762
provided in section 4740.14 of the Revised Code.	74763

(H) A board of county commissioners that adopts rules	74764
providing for the licensing of electrical and heating,	74765
ventilating, and air conditioning contractors, pursuant to	74766
division (B) of this section, may accept, for purposes of	74767
satisfying the requirements of rules adopted under that division,	74768
a valid and unexpired license issued pursuant to Chapter 4740. of	74769
the Revised Code that is held by an electrical or heating,	74770
ventilating, and air conditioning contractor, for the	74771
construction, replacement, maintenance, or repair of one-family,	74772
two-family, or three-family dwelling houses or accessory	74773
structures incidental to those dwelling houses.	74774

(I) A board of county commissioners shall not register a	74775
specialty contractor who is required to hold a license under	74776
Chapter 4740. of the Revised Code but does not hold a valid	74777
license issued under that chapter.	74778

(J) As used in this section, "specialty contractor" means a	74779
heating, ventilating, and air conditioning contractor,	74780
refrigeration contractor, electrical contractor, plumbing	74781
contractor, or hydronics contractor, as those contractors are	74782
described in Chapter 4740. of the Revised Code.	74783

Sec. 3781.11. (A) The rules of the board of building	74784
standards shall:	74785

(1) For nonresidential buildings, provide uniform minimum	74786
standards and requirements, and for residential buildings, provide	74787
standards and requirements that are uniform throughout the state,	74788
for construction and construction materials, including	74789
construction of industrialized units, to make residential and	74790
nonresidential buildings safe and sanitary as defined in section	74791
3781.06 of the Revised Code;	74792

(2) Formulate such standards and requirements, so far as may	74793
be practicable, in terms of performance objectives, so as to make	74794
adequate performance for the use intended the test of	74795
acceptability;	74796

(3) Permit, to the fullest extent feasible, the use of	74797
materials and technical methods, devices, and improvements,	74798
including the use of industrialized units which tend to reduce the	74799
cost of construction and erection without affecting minimum	74800
requirements for the health, safety, and security of the occupants	74801
or users of buildings or industrialized units and without	74802
preferential treatment of types or classes of materials or	74803
products or methods of construction;	74804

(4) Encourage, so far as may be practicable, the	74805
standardization of construction practices, methods, equipment,	74806
material, and techniques, including methods employed to produce	74807
industrialized units;	74808

(5) Not require any alteration or repair of any part of a	74809
school building owned by a chartered nonpublic school or a city,	74810
local, exempted village, or joint vocational school district and	74811
operated in conjunction with any primary or secondary school	74812
program that is not being altered or repaired if all of the	74813
following apply:	74814

(a) The school building meets all of the applicable building	74815
code requirements in existence at the time of the construction of	74816
the building.	74817

(b) The school building otherwise satisfies the requirements	74818
of section 3781.06 of the Revised Code.	74819

(c) The part of the school building altered or repaired	74820
conforms to all rules of the board existing on the date of the	74821
repair or alteration.	74822

(6) Not require any alteration or repair to any part of a	74823
workshop or factory that is not otherwise being altered, repaired,	74824
or added to if all of the following apply:	74825

(a) The workshop or factory otherwise satisfies the	74826
requirements of section 3781.06 of the Revised Code.	74827

(b) The part of the workshop or factory altered, repaired, or	74828
added conforms to all rules of the board existing on the date of	74829
plan approval of the repair, alteration, or addition.	74830

(B) The rules of the board shall supersede and govern any	74831
order, standard, or rule of the division of ~~industrial compliance~~	74832
labor in the department of commerce, division of the state fire	74833
marshal, the department of health, and of counties and townships,	74834
in all cases where such orders, standards, or rules are in	74835
conflict with the rules of the board, except that rules adopted	74836
and orders issued by the state fire marshal pursuant to Chapter	74837
3743. of the Revised Code prevail in the event of a conflict.	74838

(C) The construction, alteration, erection, and repair of	74839
buildings including industrialized units, and the materials and	74840
devices of any kind used in connection with them and the heating	74841
and ventilating of them and the plumbing and electric wiring in	74842
them shall conform to the statutes of this state or the rules	74843
adopted and promulgated by the board, and to provisions of local	74844
ordinances not inconsistent therewith. Any building, structure, or	74845
part thereof, constructed, erected, altered, manufactured, or	74846
repaired not in accordance with the statutes of this state or with	74847
the rules of the board, and any building, structure, or part	74848
thereof in which there is installed, altered, or repaired any	74849
fixture, device, and material, or plumbing, heating, or	74850
ventilating system, or electric wiring not in accordance with such	74851
statutes or rules is a public nuisance.	74852

(D) As used in this section:

74853

(1) "Nonpublic school" means a chartered school for which	74854
minimum standards are prescribed by the state board of education	74855
pursuant to division (D) of section 3301.07 of the Revised Code.	74856

(2) "Workshop or factory" includes manufacturing, mechanical,	74857
electrical, mercantile, art, and laundering establishments,	74858
printing, telegraph, and telephone offices, railroad depots, and	74859
memorial buildings, but does not include hotels and tenement and	74860
apartment houses.	74861

Sec. 3781.12. (A)(1) Any person may petition the board of	74862
building standards to adopt, amend, or annul a rule adopted	74863
pursuant to section 3781.10 of the Revised Code, or to permit the	74864
use of any particular fixture, device, material, system, method	74865
of manufacture, product of a manufacturing process, or method or	74866
manner of construction or installation that complies with	74867
performance standards adopted pursuant to section 3781.11 of the	74868
Revised Code, as regards the purposes declared in section 3781.06	74869
of the Revised Code, of the fixtures, devices, materials, systems,	74870
or methods or manners of construction, manufacture or installation	74871
described in any section of the Revised Code relating to those	74872
purposes, where the use is permitted by law.	74873

(2) Any person may petition the residential construction	74874
advisory committee to recommend a rule to update or amend the	74875
state residential building code or to update or amend rules that	74876
the board adopts pursuant to division (E) of section 3781.10 of	74877
the Revised Code that relate to the certification of entities that	74878
enforce the state residential building code.	74879

(B) Upon petition, the board shall cause to be conducted	74880
testing and evaluation that the board determines desirable of	74881
any fixture, device, material, system, assembly or product of a	74882
manufacturing process, or method or manner of construction or	74883
installation sought to be used under the rules the board adopts	74884
pursuant to section 3781.10 of the Revised Code.	74885

(C) If the board, after hearing, determines it advisable to	74886
adopt the rule, amendment, or annulment, or to permit the use of	74887
the materials or assemblages petitioned for, it shall give at	74888
least thirty days' notice of the time and place of a public	74889
hearing as provided by section 119.03 of the Revised Code. No	74890
rule shall be adopted, amended, or annulled or the use of	74891
materials or assemblages authorized until after the public	74892
hearing. A copy of every rule, amendment, or annulment, and a	74893
copy of every approved material or assembly authorization signed	74894
by the chairperson of the board of building standards and sealed	74895
with the seal of the department of commerce shall, after final	74896
adoption or authorization by the board, be filed with the	74897
secretary of state and published as the board determines. The	74898
issuance of the authorization for the use of the materials or	74899
assemblages described in the petition constitutes approval for	74900
their use anywhere in this state. Any rule, amendment, or	74901
annulment does not take effect until a date the board fixes and	74902
states. No rule, amendment, or annulment applies to any building	74903
for which the plans or drawings, specifications, and data were	74904
approved prior to the time the rule, amendment, or annulment	74905
becomes effective. All hearings of the board are open to the	74906
public. Each member of the board may administer oaths in the	74907
performance of the member's duties.	74908

Sec. 3781.19. There is hereby established in the department	74909
of commerce a board of building appeals consisting of five members	74910
who shall be appointed by the governor with the advice and consent	74911
of the senate. Terms of office shall be for four years, commencing	74912
on the fourteenth day of October and ending on the thirteenth day	74913
of October. Each member shall hold office from the date of	74914
appointment until the end of the term for which the member was	74915
appointed. Any member appointed to fill a vacancy occurring prior	74916
to the expiration of the term for which the member's predecessor	74917
was appointed shall hold office for the remainder of such term.	74918
Any member shall continue in office subsequent to the expiration	74919
date of the member's term until a successor takes office, or until	74920
a period of sixty days has elapsed, whichever occurs first. One	74921
member shall be an attorney-at-law, admitted to the bar of this	74922
state and of the remaining members, one shall be a registered	74923
architect and one shall be a professional engineer, each of whom	74924
shall be duly licensed to practice their respective professions in	74925
this state, one shall be a fire prevention officer qualified under	74926
section 3737.66 of the Revised Code, and one shall be a person	74927
with recognized ability in the plumbing or pipefitting profession.	74928
No member of the board of building standards shall be a member of	74929
the board of building appeals. Each member shall be paid an amount	74930
fixed pursuant to Chapter 124. of the Revised Code per diem. The	74931
department shall provide and assign to the board such employees as	74932
are required by the board to perform its functions. The board may	74933
adopt its own rules of procedure not inconsistent with sections	74934
3781.06 to 3781.18 and 3791.04 of the Revised Code, and may change	74935
them in its discretion. The board may establish reasonable fees,	74936
based on actual costs for administration of filing and processing,	74937
not to exceed two hundred dollars, for the costs of filing and	74938
processing appeals. A full and complete record of all proceedings	74939
of the board shall be kept and be open to public inspection.	74940

In the enforcement by any department of the state or any	74941
political subdivision of this chapter and Chapter 3791., and	74942
sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.43, 4104.44,	74943
4104.45, 4105.011, and 4105.11 of the Revised Code and any rule	74944
made thereunder, such department is the agency referred to in	74945
sections 119.07, 119.08, and 119.10 of the Revised Code.	74946

The appropriate municipal or county board of appeals, where	74947
one exists, certified pursuant to section 3781.20 of the Revised	74948
Code shall conduct the adjudication hearing referred to in	74949
sections 119.09 to 119.13 and required by section 3781.031 of the	74950
Revised Code. If there is no certified municipal or county board	74951
of appeals, the board of building appeals shall conduct the	74952
adjudication hearing. If the adjudication hearing concerns section	74953
3781.111 of the Revised Code or any rule made thereunder,	74954
reasonable notice of the time, date, place, and subject of the	74955
hearing shall be given to any local corporation, association, or	74956
other organization composed of or representing handicapped	74957
persons, as defined in section 3781.111 of the Revised Code, or if	74958
there is no local organization, then to any statewide corporation,	74959
association, or other organization composed of or representing	74960
handicapped persons.	74961

In addition to the provisions of Chapter 119. of the Revised	74962
Code, the municipal, county, or state board of building appeals,	74963
as the agency conducting the adjudication hearing, may reverse or	74964
modify the order of the enforcing agency if it finds that the	74965
order is contrary to this chapter and Chapters 3791. and 4104.,	74966
and sections 3737.41, 3737.42, 4105.011, and 4105.11 of the	74967
Revised Code and any rule made thereunder or to a fair	74968
interpretation or application of such laws or any rule made	74969
thereunder, or that a variance from the provisions of such laws or	74970
any rule made thereunder, in the specific case, will not be	74971
contrary to the public interest where a literal enforcement of	74972
such provisions will result in unnecessary hardship.	74973

The state board of building appeals or a certified municipal	74974
or county board of appeals shall render its decision within thirty	74975
days after the date of the adjudication hearing. Following the	74976
adjudication hearing, any municipal or county officer, official	74977
municipal or county board, or person who was a party to the	74978
hearing before the municipal or county board of appeals may apply	74979
to the state board of appeals for a de novo hearing before the	74980
state board, or may appeal directly to the court of common pleas	74981
pursuant to section 3781.031 of the Revised Code.	74982

In addition, any local corporation, association, or other	74983
organization composed of or representing handicapped persons as	74984
defined in section 3781.111 of the Revised Code, or, if no local	74985
corporation, association, or organization exists, then any	74986
statewide corporation, association, or other organization composed	74987
of or representing handicapped persons may apply for the de novo	74988
hearing or appeal to the court of common pleas from any decision	74989
of a certified municipal or county board of appeals interpreting,	74990
applying, or granting a variance from section 3781.111 of the	74991
Revised Code and any rule made thereunder. Application for a de	74992
novo hearing before the state board shall be made no later than	74993
thirty days after the municipal or county board renders its	74994
decision.	74995

The state board of building appeals or the appropriate	74996
certified local board of building appeals shall grant variances	74997
and exemptions from the requirements of section 3781.108 of the	74998
Revised Code in accordance with rules adopted by the board of	74999
building standards pursuant to division ~~(J)~~(K) of section 3781.10	75000
of the Revised Code.	75001

The state board of building appeals or the appropriate	75002
certified local board of building appeals shall, in granting a	75003
variance or exemption from section 3781.108 of the Revised Code,	75004
in addition to any other considerations the state or the	75005
appropriate local board determines appropriate, consider the	75006
architectural and historical significance of the building.	75007

Sec. 3783.05. The board of building standards, in accordance	75008
with Chapters 119., 3781., and 3791. of the Revised Code, shall	75009
adopt, amend, or repeal such rules as may be reasonably necessary	75010
to administer this chapter. All fees collected by the board	75011
pursuant to this chapter shall be paid into the state treasury to	75012
the credit of the ~~industrial compliance~~labor operating fund	75013
created in section 121.084 of the Revised Code.	75014

Sec. 3791.02. No owner, or person having the control as an	75015
officer or member of a board or committee or otherwise of any	75016
opera house, hall, theater, church, schoolhouse, college, academy,	75017
seminary, infirmary, sanitarium, children's home, hospital,	75018
medical institute, asylum, memorial building, armory, assembly	75019
hall, or other building for the assemblage or betterment of people	75020
shall fail to obey any order of the state fire marshal, boards of	75021
health of city and general health districts, the building	75022
inspector or commissioner in cities having a building inspection	75023
department, or the superintendent of ~~the division of industrial~~	75024
~~compliance~~labor in the department of commerce under Chapters	75025
3781. and 3791. of the Revised Code or rules or regulations	75026
adopted pursuant thereto.	75027

Whoever violates this section shall be fined not more than	75028
one thousand dollars.	75029

Sec. 3791.04. (A)(1) Before beginning the construction,	75030
erection, or manufacture of any building to which section 3781.06	75031
of the Revised Code applies, including all industrialized units,	75032
the owner of that building, in addition to any other submission	75033
required by law, shall submit plans or drawings, specifications,	75034
and data prepared for the construction, erection, equipment,	75035
alteration, or addition that indicate the portions that have been	75036
approved pursuant to section 3781.12 of the Revised Code and for	75037
which no further approval is required, to the municipal, township,	75038
or county building department having jurisdiction unless one of	75039
the following applies:	75040

(a) If no municipal, township, or county building department	75041
certified for nonresidential buildings pursuant to division (E) of	75042
section 3781.10 of the Revised Code has jurisdiction, the owner	75043
shall make the submissions described in division (A)(1) of this	75044
section to the superintendent of ~~the division of industrial~~	75045
~~compliance~~labor.	75046

(b) If no certified municipal, township, or county building	75047
department certified for residential buildings pursuant to	75048
division (E) of section 3781.10 of the Revised Code has	75049
jurisdiction, the owner is not required to make the submissions	75050
described in division (A)(1) of this section.	75051

(2)(a) The seal of an architect registered under Chapter	75052
4703. of the Revised Code or an engineer registered under Chapter	75053
4733. of the Revised Code is required for any plans, drawings,	75054
specifications, or data submitted for approval, unless the plans,	75055
drawings, specifications, or data are permitted to be prepared by	75056
persons other than registered architects pursuant to division (C)	75057
or (D) of section 4703.18 of the Revised Code, or by persons other	75058
than registered engineers pursuant to division (C) or (D) of	75059
section 4733.18 of the Revised Code.	75060

(b) No seal is required for any plans, drawings,	75061
specifications, or data submitted for approval for any residential	75062
buildings, as defined in section 3781.06 of the Revised Code, or	75063
erected as industrialized one-, two-, or three-family units or	75064
structures within the meaning of "industrialized unit" as defined	75065
in section 3781.06 of the Revised Code.	75066

(c) No seal is required for approval of the installation of	75067
replacement equipment or systems that are similar in type or	75068
capacity to the equipment or systems being replaced. No seal is	75069
required for approval for any new construction, improvement,	75070
alteration, repair, painting, decorating, or other modification of	75071
any buildings or structures subject to sections 3781.06 to 3781.18	75072
and 3791.04 of the Revised Code if the proposed work does not	75073
involve technical design analysis, as defined by rule adopted by	75074
the board of building standards.	75075

(B) No owner shall proceed with the construction, erection,	75076
alteration, or equipment of any building until the plans or	75077
drawings, specifications, and data have been approved as this	75078
section requires, or the industrialized unit inspected at the	75079
point of origin. No plans or specifications shall be approved or	75080
inspection approval given unless the building represented would,	75081
if constructed, repaired, erected, or equipped, comply with	75082
Chapters 3781. and 3791. of the Revised Code and any rule made	75083
under those chapters.	75084

(C) The approval of plans or drawings and specifications or	75085
data pursuant to this section is invalid if construction,	75086
erection, alteration, or other work upon the building has not	75087
commenced within twelve months of the approval of the plans or	75088
drawings and specifications. One extension shall be granted for an	75089
additional twelve-month period if the owner requests at least ten	75090
days in advance of the expiration of the permit and upon payment	75091
of a fee not to exceed one hundred dollars. If in the course of	75092
construction, work is delayed or suspended for more than six	75093
months, the approval of plans or drawings and specifications or	75094
data is invalid. Two extensions shall be granted for six months	75095
each if the owner requests at least ten days in advance of the	75096
expiration of the permit and upon payment of a fee for each	75097
extension of not more than one hundred dollars. Before any work	75098
may continue on the construction, erection, alteration, or	75099
equipment of any building for which the approval is invalid, the	75100
owner of the building shall resubmit the plans or drawings and	75101
specifications for approval pursuant to this section.	75102

(D) Subject to section 3791.042 of the Revised Code, the	75103
board of building standards or the legislative authority of a	75104
municipal corporation, township, or county, by rule, may regulate	75105
the requirements for the submission of plans and specifications to	75106
the respective enforcing departments and for processing by those	75107
departments. The board of building standards or the legislative	75108
authority of a municipal corporation, township, or county may	75109
adopt rules to provide for the approval, subject to section	75110
3791.042 of the Revised Code, by the department having	75111
jurisdiction of the plans for construction of a foundation or any	75112
other part of a building or structure before the complete plans	75113
and specifications for the entire building or structure are	75114
submitted. When any plans are approved by the department having	75115
jurisdiction, the structure and every particular represented by	75116
and disclosed in those plans shall, in the absence of fraud or a	75117
serious safety or sanitation hazard, be conclusively presumed to	75118
comply with Chapters 3781. and 3791. of the Revised Code and any	75119
rule issued pursuant to those chapters, if constructed, altered,	75120
or repaired in accordance with those plans and any rule in effect	75121
at the time of approval.	75122

(E) The approval of plans and specifications, including	75123
inspection of industrialized units, under this section is a	75124
"license" and the failure to approve plans or specifications as	75125
submitted or to inspect the unit at the point of origin within	75126
thirty days after the plans or specifications are filed or the	75127
request to inspect the industrialized unit is made, the	75128
disapproval of plans and specifications, or the refusal to approve	75129
an industrialized unit following inspection at the point of origin	75130
is "an adjudication order denying the issuance of a license"	75131
requiring an "adjudication hearing" as provided by sections 119.07	75132
to 119.13 of the Revised Code and as modified by sections 3781.031	75133
and 3781.19 of the Revised Code. An adjudication order denying the	75134
issuance of a license shall specify the reasons for that denial.	75135

(F) The board of building standards shall not require the	75136
submission of site preparation plans or plot plans to the division	75137
of ~~industrial compliance~~labor when industrialized units are used	75138
exclusively as one-, two-, or three-family dwellings.	75139

(G) Notwithstanding any procedures the board establishes, if	75140
the agency having jurisdiction objects to any portion of the plans	75141
or specifications, the owner or the owner's representative may	75142
request the agency to issue conditional approval to proceed with	75143
construction up to the point of the objection. Approval shall be	75144
issued only when the objection results from conflicting	75145
interpretations of the rules of the board of building standards	75146
rather than the application of specific technical requirements of	75147
the rules. Approval shall not be issued where the correction of	75148
the objection would cause extensive changes in the building design	75149
or construction. The giving of conditional approval is a	75150
"conditional license" to proceed with construction up to the point	75151
where the construction or materials objected to by the agency are	75152
to be incorporated into the building. No construction shall	75153
proceed beyond that point without the prior approval of the agency	75154
or another agency that conducts an adjudication hearing relative	75155
to the objection. The agency having jurisdiction shall specify its	75156
objections to the plans or specifications, which is an	75157
"adjudication order denying the issuance of a license" and may be	75158
appealed pursuant to sections 119.07 to 119.13 of the Revised Code	75159
and as modified by sections 3781.031 and 3781.19 of the Revised	75160
Code.	75161

(H) A certified municipal, township, or county building	75162
department having jurisdiction, or the superintendent ~~of the~~	75163
~~division of industrial compliance~~, as appropriate, shall review	75164
any plans, drawings, specifications, or data described in this	75165
section that are submitted to it or to the superintendent.	75166

(I) No owner or persons having control as an officer, or as a	75167
member of a board or committee, or otherwise, of a building to	75168
which section 3781.06 of the Revised Code is applicable, and no	75169
architect, designer, engineer, builder, contractor, subcontractor,	75170
or any officer or employee of a municipal, township, or county	75171
building department shall violate this section.	75172

(J) Whoever violates this section shall be fined not more	75173
than five hundred dollars.	75174

Sec. 3791.05. No owner, lessee, agent, factor, architect, or	75175
contractor engaged in and having supervision or charge of the	75176
building, erection, or construction of a block, building, or	75177
structure, shall neglect or refuse to place or have placed upon	75178
the joists of each story thereof, as soon as joists are in	75179
position, counter floors of such quality and strength as to render	75180
perfectly safe the going to and from thereon of all mechanics,	75181
laborers, and other persons engaged upon the work of construction	75182
or supervision, or in placing materials for such construction.	75183

Whoever violates this section shall be fined not less than	75184
twenty-five nor more than two hundred dollars.	75185

Each day that such person neglects or refuses to have such	75186
counter floors so placed, after notice is given by a building	75187
inspector, a chief inspector, or deputy inspector of the city	75188
building inspection department in cities where such department is	75189
organized, or by the superintendent of ~~the division of industrial~~	75190
~~compliance~~labor of the state, in cities where such departments	75191
are not organized, or from a person whose life or personal safety	75192
may be endangered by such neglect or refusal, is a separate	75193
offense.	75194

Sec. 3791.07. (A) The board of building standards may	75195
establish such reasonable inspection fee schedules as it	75196
determines necessary or desirable relating to the inspection of	75197
all plans and specifications submitted for approval to the	75198
division of ~~industrial compliance~~labor, and all industrialized	75199
units inspected at the point of origin and at the construction	75200
site of the building. The inspection fee schedule established	75201
shall bear some reasonable relationship to the cost of	75202
administering and enforcing the provisions of Chapters 3781. and	75203
3791. of the Revised Code.	75204

(B) In addition to the fee assessed in division (A) of this	75205
section, the board shall assess a fee of not more than five	75206
dollars for each application for acceptance and approval of plans	75207
and specifications and for making inspections pursuant to section	75208
3791.04 of the Revised Code. The board shall adopt rules, in	75209
accordance with Chapter 119. of the Revised Code, specifying the	75210
manner by which the superintendent of ~~the division of industrial~~	75211
~~compliance~~labor shall collect and remit to the board the fees	75212
assessed under this division and requiring that remittance of the	75213
fees be made at least quarterly.	75214

(C) Any person who fails to pay an inspection fee required	75215
for any inspection conducted by the department of commerce	75216
pursuant to Chapters 3781. and 3791. of the Revised Code, except	75217
for fees charged for the inspection of plans and specifications,	75218
within forty-five days after the inspection is conducted, shall	75219
pay a late payment fee equal to twenty-five per cent of the	75220
inspection fee.	75221

(D) The board shall pay the fees assessed under this section	75222
into the state treasury to the credit of the ~~industrial compliance~~	75223
labor operating fund created in section 121.084 of the Revised	75224
Code.	75225

Sec. 3793.02. (A) The department of alcohol and drug	75226
addiction services shall promote, assist in developing, and	75227
coordinate or conduct programs of education and research for the	75228
prevention of alcohol and drug addiction, the prevention of	75229
gambling addiction, the treatment, including intervention, of	75230
alcoholics and persons who abuse drugs of abuse, including	75231
anabolic steroids, and the treatment, including intervention, of	75232
persons with gambling addictions. Programs established by the	75233
department shall include abstinence-based prevention and treatment	75234
programs.	75235

(B) In addition to the other duties prescribed by this	75236
chapter, the department shall do all of the following:	75237

(1) Promote and coordinate efforts in the provision of	75238
alcohol and drug addiction services and of gambling addiction	75239
services by other state agencies, as defined in section 1.60 of	75240
the Revised Code; courts; hospitals; clinics; physicians in	75241
private practice; public health authorities; boards of alcohol,	75242
drug addiction, and mental health services; alcohol and drug	75243
addiction programs; law enforcement agencies; gambling addiction	75244
programs; and related groups;	75245

(2) Provide for education and training in prevention,	75246
diagnosis, treatment, and control of alcohol and drug addiction	75247
and of gambling addiction for medical students, physicians,	75248
nurses, social workers, professional counselors, psychologists,	75249
and other persons who provide alcohol and drug addiction services	75250
or gambling addiction services;	75251

(3) Provide training and consultation for persons who	75252
supervise alcohol and drug addiction programs and facilities or	75253
gambling addiction programs and facilities;	75254

(4) Develop measures for evaluating the effectiveness of	75255
alcohol and drug addiction services, including services that use	75256
methadone treatment, and of gambling addiction services, and for	75257
increasing the accountability of alcohol and drug addiction	75258
programs and of gambling addiction programs;	75259

(5) Provide to each court of record, and biennially update, a	75260
list of the treatment and education programs within that court's	75261
jurisdiction that the court may require an offender, sentenced	75262
pursuant to section 4511.19 of the Revised Code, to attend;	75263

(6) ~~Print and distribute~~Make the warning sign described in	75264
sections 3313.752, 3345.41, and 3707.50 of the Revised Code	75265
available on the department's internet web site;	75266

(7) Provide a program of gambling addiction services on	75267
behalf of the state lottery commission, pursuant to an agreement	75268
entered into with the director of the commission under division	75269
(K) of section 3770.02 of the Revised Code.	75270

(C) The department may accept and administer grants from	75271
public or private sources for carrying out any of the duties	75272
enumerated in this section.	75273

(D) Pursuant to Chapter 119. of the Revised Code, the	75274
department shall adopt a rule defining the term "intervention" as	75275
it is used in this chapter in connection with alcohol and drug	75276
addiction services and in connection with gambling addiction	75277
services. The department may adopt other rules as necessary to	75278
implement the requirements of this chapter.	75279

Sec. 3793.04. The department of alcohol and drug addiction	75280
services shall develop, administer, and revise as necessary a	75281
comprehensive statewide alcohol and drug addiction services plan	75282
for the implementation of this chapter. The plan shall emphasize	75283
abstinence from the use of alcohol and drugs of abuse as the	75284
primary goal of alcohol and drug addiction services. The council	75285
on alcohol and drug addiction services shall advise the department	75286
in the development and implementation of the plan.	75287

The plan shall provide for the allocation of state and	75288
federal funds for service furnished by alcohol and drug addiction	75289
programs under contract with boards of alcohol, drug addiction,	75290
and mental health services and for distribution of the funds to	75291
such boards. The plan shall specify the methodology that the	75292
department will use for determining how funds will be allocated	75293
and distributed. A portion of the funds shall be allocated on the	75294
basis of the ratio of the population of each alcohol, drug	75295
addiction, and mental health service district to the total	75296
population of the state as determined from the most recent federal	75297
census or the most recent official estimate made by the United	75298
States census bureau.	75299

The plan shall ensure that alcohol and drug addiction	75300
services of a high quality are accessible to, and responsive to	75301
the needs of, all persons, especially those who are members of	75302
underserved groups, including, but not limited to, African	75303
Americans, Hispanics, native Americans, Asians, juvenile and adult	75304
offenders, women, and persons with special services needs due to	75305
age or disability. The plan shall include a program to promote and	75306
protect the rights of those who receive services.	75307

To aid in formulating the plan and in evaluating the	75308
effectiveness and results of alcohol and drug addiction services,	75309
the department, in consultation with the department of mental	75310
health, shall establish and maintain an information system or	75311
systems. The department of alcohol and drug addiction services	75312
shall specify the information that must be provided by boards of	75313
alcohol, drug addiction, and mental health services and by alcohol	75314
and drug addiction programs for inclusion in the system. The	75315
department shall not collect any personal information ~~for the~~	75316
~~purpose of identifying by name any person who receives a service~~	75317
~~through a board,~~from the boards except as required or permitted	75318
by ~~the~~ state or federal law ~~to validate appropriate reimbursement~~	75319
for purposes related to payment, health care operations, program	75320
and service evaluation, reporting activities, research, system	75321
administration, and oversight.	75322

In consultation with boards, programs, and persons receiving	75323
services, the department shall establish guidelines for the use of	75324
state and federal funds and for the boards' development of plans	75325
for services required by sections 340.033 and 3793.05 of the	75326
Revised Code.	75327

In any fiscal year, the department shall spend, or allocate	75328
to boards, for methadone maintenance programs or any similar	75329
programs not more than eight per cent of the total amount	75330
appropriated to the department for the fiscal year.	75331

Sec. 3793.21. (A) The department of alcohol and drug	75332
addiction services shall annually establish a limit on the amount	75333
or portion of state and federal funds provided by the department	75334
to boards of alcohol, drug addiction, and mental health services	75335
that may be used for a board's administrative functions. The	75336
department may deny state or federal funds to a board that	75337
exceeds the limit established by the department. Administrative	75338
functions for which funds may be provided may include continuous	75339
quality improvement, utilization review, resource development,	75340
fiscal administration, general administration, and any other	75341
administrative function required by Chapter 340. of the Revised	75342
Code.	75343

(B) Any state or federal funds used for board administrative	75344
functions shall be from the funds allocated by the department to	75345
the boards according to the methodology specified by the	75346
department under the plan described in section 3793.04 of the	75347
Revised Code.	75348

(C) The director of alcohol and drug addiction services may	75349
waive the limit described by this section for a board of alcohol,	75350
drug addiction, and mental health services if, based on the	75351
board's prior written request, the director determines that an	75352
exception to the limit is warranted.	75353

(D) Each board shall submit an annual report to the	75354
department detailing its use of state and federal funds for the	75355
administrative functions of the board.	75356

Sec. 3901.38. As used in this section and sections 3901.381	75357
to 3901.3814 of the Revised Code:	75358

(A) "Beneficiary" means any policyholder, subscriber, member,	75359
employee, or other person who is eligible for benefits under a	75360
benefits contract.	75361

(B) "Benefits contract" means a sickness and accident	75362
insurance policy providing hospital, surgical, or medical expense	75363
coverage, or a health insuring corporation contract or other	75364
policy or agreement under which a third-party payer agrees to	75365
reimburse for covered health care or dental services rendered to	75366
beneficiaries, up to the limits and exclusions contained in the	75367
benefits contract.	75368

(C) "Hospital" has the same meaning as in section 3727.01 of	75369
the Revised Code.	75370

(D) "Medicaid managed care organization" means a managed care	75371
organization that has a contract with the department of job and	75372
family services pursuant to section 5111.17 of the Revised Code.	75373

(E) "Provider" means a hospital, nursing home, physician,	75374
podiatrist, dentist, pharmacist, chiropractor, or other health	75375
care provider entitled to reimbursement by a third-party payer for	75376
services rendered to a beneficiary under a benefits contract.	75377

~~(E)~~(F) "Reimburse" means indemnify, make payment, or	75378
otherwise accept responsibility for payment for health care	75379
services rendered to a beneficiary, or arrange for the provision	75380
of health care services to a beneficiary.	75381

~~(F)~~(G) "Third-party payer" means any of the following:

75382

(1) An insurance company;

75383

(2) A health insuring corporation;

75384

(3) A labor organization;

75385

(4) An employer;

75386

(5) An intermediary organization, as defined in section	75387
1751.01 of the Revised Code, that is not a health delivery network	75388
contracting solely with self-insured employers;	75389

(6) An administrator subject to sections 3959.01 to 3959.16	75390
of the Revised Code;	75391

(7) A health delivery network, as defined in section 1751.01	75392
of the Revised Code;	75393

(8) A medicaid managed care organization;

75394

(9) Any other person that is obligated pursuant to a benefits	75395
contract to reimburse for covered health care services rendered to	75396
beneficiaries under such contract.	75397

Sec. 3901.383. (A) A provider and a third-party payer may do	75398
either of the following:	75399

(1) Enter into a contractual agreement under which time	75400
periods shorter than those set forth in section 3901.381 of the	75401
Revised Code are applicable to the third-party payer in paying a	75402
claim for any amount due for health care services rendered by the	75403
provider;	75404

(2) Enter into a contractual agreement under which the timing	75405
of payments by the third-party payer is not directly related to	75406
the receipt of a claim form. The contractual arrangement may	75407
include periodic interim payment arrangements, capitation payment	75408
arrangements, or other periodic payment arrangements acceptable to	75409
the provider and the third-party payer. Under a capitation payment	75410
arrangement, the third-party payer shall begin paying the	75411
capitated amounts to the beneficiary's primary care provider not	75412
later than sixty days after the date the beneficiary selects or is	75413
assigned to the provider. Under any other contractual periodic	75414
payment arrangement, the contractual agreement shall state, with	75415
specificity, the timing of payments by the third-party payer.	75416

(B) ~~Regardless of whether a third-party payer is exempted~~	75417
~~under division (D) of section 3901.3814 from sections 3901.38 and~~	75418
~~3901.381 to 3901.3813 of the Revised Code, a~~A provider and ~~the~~a	75419
third-party payer, including a third-party payer that provides	75420
coverage under the medicaid program, shall not enter into a	75421
contractual arrangement under which time periods longer than those	75422
provided for in paragraph (c)(1) of 42 C.F.R. 447.46 are	75423
applicable to the third-party payer in paying a claim for any	75424
amount due for health care services rendered by the provider.	75425

Sec. 3901.3812. (A) If, after completion of an examination	75426
involving information collected from a six-month period, the	75427
superintendent finds that a third-party payer has committed a	75428
series of violations that, taken together, constitutes a	75429
consistent pattern or practice of violating division (A) of	75430
section 3901.3811 of the Revised Code, the superintendent may	75431
impose on the third-party payer any of the administrative remedies	75432
specified in division (B) of this section. In making a finding	75433
under this division, the superintendent shall apply the error	75434
tolerance standards for claims processing contained in the market	75435
conduct examiners handbook issued by the national association of	75436
insurance commissioners in effect at the time the claims were	75437
processed.	75438

Before imposing an administrative remedy, the superintendent	75439
shall provide written notice to the third-party payer informing	75440
the third-party payer of the reasons for the superintendent's	75441
finding, the administrative remedy the superintendent proposes to	75442
impose, and the opportunity to submit a written request for an	75443
administrative hearing regarding the finding and proposed remedy.	75444
If the third-party payer requests a hearing, the superintendent	75445
shall conduct the hearing in accordance with Chapter 119. of the	75446
Revised Code not later than fifteen days after receipt of the	75447
request.	75448

(B)(1) In imposing administrative remedies under division (A)	75449
of this section for violations of section 3901.381 of the Revised	75450
Code, the superintendent may do any of the following:	75451

(a) Levy a monetary penalty in an amount determined in	75452
accordance with division (B)(3) of this section;	75453

(b) Order the payment of interest directly to the provider in	75454
accordance with section 3901.389 of the Revised Code;	75455

(c) Order the third-party payer to cease and desist from	75456
engaging in the violations;	75457

(d) If a monetary penalty is not levied under division	75458
(B)(1)(a) of this section, impose any of the administrative	75459
remedies provided for in section 3901.22 of the Revised Code,	75460
other than those specified in divisions (D)(4) and (5) and (G) of	75461
that section.	75462

(2) In imposing administrative remedies under division (A)	75463
of this section for violations of sections 3901.384 to 3901.3810	75464
of the Revised Code, the superintendent may do any of the	75465
following:	75466

(a) Levy a monetary penalty in an amount determined in	75467
accordance with division (B)(3) of this section;	75468

(b) Order the payment of interest directly to the provider in	75469
accordance with section 3901.38 of the Revised Code;	75470

(c) Order the third-party payer to cease and desist from	75471
engaging in the violations;	75472

(d) If a monetary penalty is not levied under division	75473
(B)(2)(a) of this section, impose any of the administrative	75474
remedies provided for in section 3901.22 of the Revised Code,	75475
other than those specified in divisions (D)(4) and (5) and (G) of	75476
that section. For violations of sections 3901.384 to 3901.3810 of	75477
the Revised Code that did not comply with section 3901.381 of the	75478
Revised Code, the superintendent may also use section 3901.22 of	75479
the Revised Code except divisions (D)(4) and (5) of that section.	75480

(3) A finding by the superintendent that a third-party payer	75481
has committed a series of violations that, taken together,	75482
constitutes a consistent pattern or practice of violating division	75483
(A) of section 3901.3811 of the Revised Code, shall constitute a	75484
single offense for purposes of levying a fine under division	75485
(B)(1)(a) and (B)(2)(a) of this section. For a first offense, the	75486
superintendent may levy a fine of not more than one hundred	75487
thousand dollars. For a second offense that occurs on or earlier	75488
than four years from the first offense, the superintendent may	75489
levy a fine of not more than one hundred fifty thousand dollars.	75490
For a third or additional offense that occurs on or earlier than	75491
seven years after a first offense, the superintendent may levy a	75492
fine of not more than three hundred thousand dollars. In	75493
determining the amount of a fine to be levied within the specified	75494
limits, the superintendent shall consider the following factors:	75495

(a) The extent and frequency of the violations;

75496

(b) Whether the violations were due to circumstances beyond	75497
the third-party payer's control;	75498

(c) Any remedial actions taken by the third-party payer to	75499
prevent future violations;	75500

(d) The actual or potential harm to others resulting from the	75501
violations;	75502

(e) If the third-party payer knowingly and willingly	75503
committed the violations;	75504

(f) The third-party payer's financial condition;

75505

(g) Any other factors the superintendent considers	75506
appropriate.	75507

(C) The remedies imposed by the superintendent under this	75508
section are in addition to, and not in lieu of, such other	75509
remedies as providers and beneficiaries may otherwise have by law.	75510

(D) Any fine collected under this section shall be paid into	75511
the state treasury as follows:	75512

(1) Twenty-five per cent of the total to the credit of the	75513
department of insurance operating fund created by section 3901.021	75514
of the Revised Code;	75515

(2) Sixty-five per cent of the total to the credit of the	75516
general revenue fund;	75517

(3) Ten per cent of the total to the credit of claims	75518
processing education ~~fund~~account, which is hereby created within	75519
the department of insurance operating fund created by section	75520
3901.021 of the Revised Code.	75521

All money credited to the claims processing education ~~fund~~	75522
account shall be used by the department of insurance to make	75523
technical assistance available to third-party payers, providers,	75524
and beneficiaries for effective implementation of the provisions	75525
of sections 3901.38 and 3901.381 to 3901.3814 of the Revised Code.	75526

Sec. 3901.3814. (A) Sections 3901.38 and 3901.381 to	75527
3901.3813 of the Revised Code do not apply to the following:	75528

~~(A)~~(1) Policies offering coverage that is regulated under	75529
Chapters 3935. and 3937. of the Revised Code;	75530

~~(B)~~(2) An employer's self-insurance plan and any of its	75531
administrators, as defined in section 3959.01 of the Revised Code,	75532
to the extent that federal law supersedes, preempts, prohibits, or	75533
otherwise precludes the application of any provisions of those	75534
sections to the plan and its administrators;	75535

~~(C)~~(3) A third-party payer for coverage provided under the	75536
medicare advantage program operated under Title XVIII of the	75537
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	75538
amended;	75539

~~(D) A third-party payer for coverage provided under the~~	75540
~~medicaid program operated under Title XIX of the "Social Security~~	75541
~~Act," except that if a federal waiver applied for under section~~	75542
~~5111.178 of the Revised Code is granted or the director of job and~~	75543
~~family services determines that this provision can be implemented~~	75544
~~without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of~~	75545
~~the Revised Code apply to claims submitted electronically or~~	75546
~~non-electronically that are made with respect to coverage of~~	75547
~~medicaid recipients by health insuring corporations licensed under~~	75548
~~Chapter 1751. of the Revised Code, instead of the prompt payment~~	75549
~~requirements of 42 C.F.R. 447.46;~~	75550

~~(E)~~(4) A third-party payer for coverage provided under the	75551
tricare program offered by the United States department of	75552
defense.;	75553

~~(F)~~(5) A third-party payer for coverage provided under the	75554
children's buy-in program established under sections 5101.5211 to	75555
5101.5216 of the Revised Code.	75556

(B) The application of sections 3901.38 to 3901.3813 of the	75557
Revised Code to medicaid managed care organizations neither	75558
affects the department of job and family services' authority	75559
under section 5111.01 of the Revised Code to act as the single	75560
state medicaid agency nor affects the department's authority to	75561
enter into contracts with managed care organizations under section	75562
5111.17 of the Revised Code.	75563

Sec. 3903.77. (A) Every property and casualty insurance	75564
company doing business in this state, except as exempted by rule	75565
adopted by the superintendent of insurance, annually, shall cause	75566
to be prepared by an actuary, appointed by the company, the	75567
following documents:	75568

(1) An actuarial opinion that certifies to the current	75569
adequacy of the insurance company's reserves and that shall be	75570
entitled a "statement of actuarial opinion";	75571

(2) A summary that shall be in support of the statement of	75572
actuarial opinion and that shall be entitled an "actuarial opinion	75573
summary." An insurance company licensed but not domiciled in this	75574
state need not include the actuarial opinion summary in its	75575
submissions to the superintendent but shall make the summary	75576
available to the superintendent upon request.	75577

(B) The insurance company annually shall submit the documents	75578
prepared pursuant to division (A) of this section to the	75579
superintendent in accordance with the national association of	75580
insurance commissioners' property and casualty annual statement	75581
instructions. The documents shall accompany the insurance	75582
company's annual financial statement described in section 3901.77	75583
of the Revised Code.	75584

(C)(1) Every property and casualty insurance company doing	75585
business in this state shall prior to preparation of the statement	75586
of actuarial opinion and the actuarial opinion summary prepare an	75587
actuarial report and underlying work papers to support the	75588
statement of actuarial opinion and the actuarial opinion summary	75589
required under division (A) of this section in accordance with the	75590
national association of insurance commissioners' property and	75591
casualty statement instructions. The insurance company shall make	75592
the actuarial report and underlying work papers available to the	75593
superintendent upon request.	75594

(2) If an insurance company fails to provide the actuarial	75595
report or work papers at the request of the superintendent	75596
pursuant to division (C)(1) of this section or the superintendent	75597
determines that the actuarial report or work papers provided are	75598
unacceptable, the superintendent may contract with a qualified	75599
actuary at the expense of the insurance company to review the	75600
statement of actuarial opinion provided by the insurance company	75601
pursuant to division (A) of this section and the basis for that	75602
opinion and to prepare an actuarial report and work papers.	75603

(D) Except in cases of fraud or willful misconduct on the	75604
part of the actuary, no actuary appointed by an insurance company	75605
to prepare the statement of actuarial opinion and actuarial	75606
opinion summary required under division (A) of this section is	75607
liable for damages to any person except the insurance company and	75608
the superintendent for any act, error, omission, decision, or	75609
conduct with respect to the actuary's opinion.	75610

(E) The statement of actuarial opinion required under	75611
division (A) of this section is a public document and a public	75612
record as defined in section 149.43 of the Revised Code. However,	75613
the actuarial opinion summary, actuarial report, work papers, and	75614
any documents, materials or other information provided in support	75615
of the statement of actuarial opinion are privileged and	75616
confidential, are not a public record, and are not subject to	75617
subpoena or to discovery, and are not admissible in evidence in	75618
any private civil action.	75619

Neither the superintendent nor any person who receives	75620
documents, materials, or other information required to be kept	75621
confidential under this division while acting under the authority	75622
of the superintendent shall testify in any private civil action	75623
concerning any documents, materials, or other information required	75624
to be kept confidential under this division.	75625

This section shall not be construed to limit the	75626
superintendent's authority to release documents to the actuarial	75627
board for counseling and discipline so long as the documents are	75628
necessary for the purpose of professional disciplinary proceedings	75629
and the actuarial board for counseling and discipline establishes	75630
procedures satisfactory to the superintendent for preserving the	75631
confidentiality of the documents. Neither shall this section be	75632
construed to limit the superintendent's authority to use	75633
documents, materials, nor other information in furtherance of any	75634
regulatory or legal action brought as part of the superintendent's	75635
official duties.	75636

(F) In order to assist in the performance of the	75637
superintendent's duties, the superintendent may do all of the	75638
following:	75639

(1) Share documents, materials, or other information,	75640
including any documents, materials, or other information required	75641
to be kept confidential under division (E) of this section, with	75642
other state, federal, and international regulatory and law	75643
enforcement agencies and with the national association of	75644
insurance commissioners including its affiliates and subsidiaries	75645
if the recipient agrees to maintain the confidentiality and	75646
privileged status of the document, material, or other information	75647
and has the legal authority to maintain confidentiality;	75648

(2) Receive documents, materials, or other information,	75649
including otherwise confidential and privileged documents,	75650
materials, and information from other state, federal, and	75651
international regulatory and law enforcement agencies and from the	75652
national association of insurance commissioners including its	75653
affiliates and subsidiaries. The superintendent shall maintain the	75654
confidentiality and privileged status of any document, material,	75655
or other information received with notice of confidential and	75656
privileged status under the laws of the jurisdiction that is the	75657
source of the document, material, or information.	75658

(3) Enter into agreements consistent with divisions (E) and	75659
(F) of this section for the sharing and use of information.	75660

(G) No waiver of any privilege or claim of confidentiality of	75661
documents, materials, or other information shall occur as a result	75662
of any disclosure to the superintendent under this section or as a	75663
result of any sharing of documents, materials, or other	75664
information authorized by the superintendent under division (G) of	75665
this section.	75666

(H) As used in this section, "qualified actuary" means a	75667
person who is a member in good standing of the American academy of	75668
actuaries and who meets the requirements identified in the	75669
national association of insurance commissioners' property and	75670
casualty statement instructions.	75671

Sec. 3923.021. (A) As used in this section~~, "benefits~~:

75672

(1) "Benefits provided are not unreasonable in relation to	75673
the premium charged" means the rates were calculated in accordance	75674
with sound actuarial principles.	75675

(2) "Individual policy of sickness and accident insurance"	75676
includes sickness and accident insurance made available by	75677
insurers in the individual market to individuals, with or without	75678
family members or dependents, through group policies issued to one	75679
or more associations or entities.	75680

(B) With respect to any filing, made pursuant to section	75681
3923.02 of the Revised Code, of any premium rates for any	75682
individual policy of sickness and accident insurance or	75683
certificates made available by an insurer to individuals in the	75684
individual market through a group policy or for any indorsement or	75685
rider pertaining thereto, the superintendent of insurance may,	75686
within thirty days after filing:	75687

(1) Disapprove such filing after finding that the benefits	75688
provided are unreasonable in relation to the premium charged.	75689
Such disapproval shall be effected by written order of the	75690
superintendent, a copy of which shall be mailed to the insurer	75691
that has made the filing. In the order, the superintendent shall	75692
specify the reasons for the disapproval and state that a hearing	75693
will be held within fifteen days after requested in writing by the	75694
insurer. If a hearing is so requested, the superintendent shall	75695
also give such public notice as the superintendent considers	75696
appropriate. The superintendent, within fifteen days after the	75697
commencement of any hearing, shall issue a written order, a copy	75698
of which shall be mailed to the insurer that has made the filing,	75699
either affirming the prior disapproval or approving such filing	75700
after finding that the benefits provided are not unreasonable in	75701
relation to the premium charged.	75702

(2) Set a date for a public hearing to commence no later than	75703
forty days after the filing. The superintendent shall give the	75704
insurer making the filing twenty days' written notice of the	75705
hearing and shall give such public notice as the superintendent	75706
considers appropriate. The superintendent, within twenty days	75707
after the commencement of a hearing, shall issue a written order,	75708
a copy of which shall be mailed to the insurer that has made the	75709
filing, either approving such filing if the superintendent finds	75710
that the benefits provided are not unreasonable in relation to the	75711
premium charged, or disapproving such filing if the superintendent	75712
finds that the benefits provided are unreasonable in relation to	75713
the premium charged. This division does not apply to any insurer	75714
organized or transacting the business of insurance under Chapter	75715
3907. or 3909. of the Revised Code.	75716

(3) Take no action, in which case such filing shall be deemed	75717
to be approved and shall become effective upon the thirty-first	75718
day after such filing, unless the superintendent has previously	75719
given to the insurer a written approval.	75720

(C) At any time after any filing has been approved pursuant	75721
to this section, the superintendent may, after a hearing of which	75722
at least twenty days' written notice has been given to the insurer	75723
that has made such filing and for which such public notice as the	75724
superintendent considers appropriate has been given, withdraw	75725
approval of such filing after finding that the benefits provided	75726
are unreasonable in relation to the premium charged. Such	75727
withdrawal of approval shall be effected by written order of the	75728
superintendent, a copy of which shall be mailed to the insurer	75729
that has made the filing, which shall state the ground for such	75730
withdrawal and the date, not less than forty days after the date	75731
of such order, when the withdrawal or approval shall become	75732
effective.	75733

(D) The superintendent may retain at the insurer's expense	75734
such attorneys, actuaries, accountants, and other experts not	75735
otherwise a part of the superintendent's staff as shall be	75736
reasonably necessary to assist in the preparation for and conduct	75737
of any public hearing under this section. The expense for	75738
retaining such experts and the expenses of the department of	75739
insurance incurred in connection with such public hearing shall be	75740
assessed against the insurer in an amount not to exceed one	75741
one-hundredth of one per cent of the sum of premiums earned plus	75742
net realized investment gain or loss of such insurer as reflected	75743
in the most current annual statement on file with the	75744
superintendent. Any person retained shall be under the direction	75745
and control of the superintendent and shall act in a purely	75746
advisory capacity.	75747

Sec. 3923.022. (A) As used in this section:

75748

(1)(a) "Administrative expense" means the amount resulting	75749
from the following: the amount of premiums ~~received~~earned by the	75750
insurer for sickness and accident insurance business plus the	75751
amount of losses recovered from reinsurance coverage minus the sum	75752
of the amount of claims for losses paid; the amount of losses	75753
incurred but not reported; the amount ~~paid~~incurred for state	75754
fees, federal and state taxes, and reinsurance; and the incurred	75755
costs and expenses related, either directly or indirectly, to the	75756
payment of commissions, measures to control fraud, and managed	75757
care.	75758

(b) "Administrative expense" does not include any amounts	75759
collected, or administrative expenses incurred, by an insurer for	75760
the administration of an employee health benefit plan subject to	75761
regulation by the federal "Employee Retirement Income Security Act	75762
of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended. "Amounts	75763
collected or administrative expenses incurred" means the total	75764
amount paid to an administrator for the administration and payment	75765
of claims minus the sum of the amount of claims for losses paid	75766
and the amount of losses incurred but not reported.	75767

(2) "Insurer" means any insurance company authorized under	75768
Title XXXIX of the Revised Code to do the business of sickness and	75769
accident insurance in this state.	75770

(3) "Sickness and accident insurance business" does not	75771
include coverage provided by an insurer for specific diseases or	75772
accidents only; any hospital indemnity, medicare supplement,	75773
long-term care, disability income, one-time-limited-duration	75774
policy of no longer than six months, or other policy that offers	75775
only supplemental benefits; or coverage provided to individuals	75776
who are not residents of this state.	75777

(4) "Individual business" includes both individual sickness	75778
and accident insurance and sickness and accident insurance made	75779
available by insurers in the individual market to individuals,	75780
with or without family members or dependents, through group	75781
policies issued to one or more associations or entities.	75782

(B) Notwithstanding section 3941.14 of the Revised Code, ~~the~~	75783
~~following apply to every insurer:~~	75784

~~(1) For calendar year 1993, each insurer shall have aggregate~~	75785
~~administrative expenses of no more than forty per cent of the~~	75786
~~premium income of the insurer, based on the premiums received in~~	75787
~~that year on the sickness and accident insurance business of the~~	75788
~~insurer.~~	75789

~~(2) For calendar year 1994, each insurer shall have aggregate~~	75790
~~administrative expenses of no more than thirty per cent of the~~	75791
~~premium income of the insurer, based on the premiums received in~~	75792
~~that year on the sickness and accident insurance business of the~~	75793
~~insurer.~~	75794

~~(3) For calendar year 1995, each insurer shall have aggregate~~	75795
~~administrative expenses of no more than twenty-five per cent of~~	75796
~~the premium income of the insurer, based on the premiums received~~	75797
~~in that year on the sickness and accident insurance business of~~	75798
~~the insurer.~~	75799

~~(4) For calendar year 1996 and every calendar year~~	75800
~~thereafter,~~ each insurer shall have aggregate administrative	75801
expenses of no more than twenty per cent of the premium income of	75802
the insurer, based on the premiums ~~received~~earned in that year on	75803
the sickness and accident insurance business of the insurer.	75804

(C)(1) Each insurer, on the first day of January or within	75805
sixty days thereafter, shall annually prepare, under oath, and	75806
deposit in the office of the superintendent of insurance a	75807
statement of the aggregate administrative expenses of the insurer,	75808
based on the premiums ~~received~~earned in the immediately preceding	75809
calendar year on the sickness and accident insurance business of	75810
the insurer. The statement shall itemize and separately detail all	75811
of the following information with respect to the insurer's	75812
sickness and accident insurance business:	75813

(a) The amount of premiums earned by the insurer both before	75814
and after any costs related to the insurer's purchase of	75815
reinsurance coverage;	75816

(b) The total amount of claims for losses paid by the insurer	75817
both before and after any reimbursement from reinsurance coverage;	75818

(c) The amount of any losses incurred by the insurer but not	75819
reported by the insurer in the current or prior year;	75820

(d) The amount of costs incurred by the insurer for state	75821
fees and federal and state taxes;	75822

(e) The amount of costs incurred by the insurer for	75823
reinsurance coverage;	75824

(f) The amount of costs incurred by the insurer that are	75825
related to the insurer's payment of commissions;	75826

(g) The amount of costs incurred by the insurer that are	75827
related to the insurer's fraud prevention measures;	75828

(h) The amount of costs incurred by the insurer that are	75829
related to managed care; and	75830

(i) Any other administrative expenses incurred by the	75831
insurer.	75832

(2) The statement also shall include all of the information	75833
required under division (C)(1) of this section separately detailed	75834
for the insurer's individual business, small group business, and	75835
large group business.	75836

(D) No insurer shall fail to comply with ~~division (B) of~~ this	75837
section.	75838

(E) If the superintendent determines that an insurer has	75839
violated ~~division (D) of~~ this section, the superintendent,	75840
pursuant to an adjudication conducted in accordance with Chapter	75841
119. of the Revised Code, may order the suspension of the	75842
insurer's license to do the business of sickness and accident	75843
insurance in this state until the superintendent is satisfied that	75844
the insurer is in compliance with ~~division (B) of~~ this section. If	75845
the insurer continues to do the business of sickness and accident	75846
insurance in this state while under the suspension order, the	75847
superintendent shall order the insurer to pay one thousand dollars	75848
for each day of the violation.	75849

(F) Any money collected by the superintendent under division	75850
(E) of this section shall be deposited by ~~him~~the superintendent	75851
into the state treasury to the credit of the department of	75852
insurance operating fund.	75853

Sec. 3923.122. (A) Every policy of group sickness and	75854
accident insurance providing hospital, surgical, or medical	75855
expense coverage for other than specific diseases or accidents	75856
only, and delivered, issued for delivery, or renewed in this state	75857
on or after January 1, 1976, shall include a provision giving each	75858
insured the option to convert to the following:	75859

(1) In the case of an individual who is not a federally	75860
eligible individual, any of the individual policies of hospital,	75861
surgical, or medical expense insurance then being issued by the	75862
insurer with benefit limits not to exceed those in effect under	75863
the group policy;	75864

(2) In the case of a federally eligible individual, a basic	75865
or standard plan established ~~by the board of directors of the Ohio~~	75866
~~health reinsurance program~~in accordance with section 3924.10 of	75867
the Revised Code or plans substantially similar to the basic and	75868
standard plan in benefit design and scope of covered services. For	75869
purposes of division (A)(2) of this section, the superintendent of	75870
insurance shall determine whether a plan is substantially similar	75871
to the basic or standard plan in benefit design and scope of	75872
covered services.	75873

(B) An option for conversion to an individual policy shall be	75874
available without evidence of insurability to every insured,	75875
including any person eligible under division (D) of this section,	75876
who terminates employment or membership in the group holding the	75877
policy after having been continuously insured thereunder for at	75878
least one year.	75879

Upon receipt of the insured's written application and upon	75880
payment of at least the first quarterly premium not later than	75881
thirty-one days after the termination of coverage under the group	75882
policy, the insurer shall issue a converted policy on a form then	75883
available for conversion. The premium shall be in accordance with	75884
the insurer's table of premium rates in effect on the later of the	75885
following dates:	75886

(1) The effective date of the converted policy;

75887

(2) The date of application therefor; and shall be applicable	75888
to the class of risk to which each person covered belongs and to	75889
the form and amount of the policy at the person's then attained	75890
age. However, premiums charged federally eligible individuals may	75891
not exceed an amount that is ~~two~~one and one-half times the	75892
~~midpoint of the standard~~base rate charged any other individual of	75893
a group to which the insurer is currently accepting new business	75894
and for which similar copayments and deductibles are applied.	75895

At the election of the insurer, a separate converted policy	75896
may be issued to cover any dependent of an employee or member of	75897
the group.	75898

Except as provided in division (H) of this section, any	75899
converted policy shall become effective as of the day following	75900
the date of termination of insurance under the group policy.	75901

Any probationary or waiting period set forth in the converted	75902
policy is deemed to commence on the effective date of the	75903
insured's coverage under the group policy.	75904

(C) No insurer shall be required to issue a converted policy	75905
to any person who is, or is eligible to be, covered for benefits	75906
at least comparable to the group policy under:	75907

(1) Title XVIII of the Social Security Act, as amended or	75908
superseded;	75909

(2) Any act of congress or law under this or any other state	75910
of the United States that duplicates coverage offered under	75911
division (C)(1) of this section;	75912

(3) Any policy that duplicates coverage offered under	75913
division (C)(1) of this section;	75914

(4) Any other group sickness and accident insurance providing	75915
hospital, surgical, or medical expense coverage for other than	75916
specific diseases or accidents only.	75917

(D) The option for conversion shall be available:

75918

(1) Upon the death of the employee or member, to the	75919
surviving spouse with respect to such of the spouse and dependents	75920
as are then covered by the group policy;	75921

(2) To a child solely with respect to the child upon	75922
attaining the limiting age of coverage under the group policy	75923
while covered as a dependent thereunder;	75924

(3) Upon the divorce, dissolution, or annulment of the	75925
marriage of the employee or member, to the divorced spouse, or	75926
former spouse in the event of annulment, of such employee or	75927
member, or upon the legal separation of the spouse from such	75928
employee or member, to the spouse.	75929

Persons possessing the option for conversion pursuant to this	75930
division shall be considered members for the purposes of division	75931
(H) of this section.	75932

(E) If coverage is continued under a group policy on an	75933
employee following retirement prior to the time the employee is,	75934
or is eligible to be, covered by Title XVIII of the Social	75935
Security Act, the employee may elect, in lieu of the continuance	75936
of group insurance, to have the same conversion rights as would	75937
apply had the employee's insurance terminated at retirement by	75938
reason of termination of employment.	75939

(F) If the insurer and the group policyholder agree upon one	75940
or more additional plans of benefits to be available for converted	75941
policies, the applicant for the converted policy may elect such a	75942
plan in lieu of a converted policy.	75943

(G) The converted policy may contain provisions for avoiding	75944
duplication of benefits provided pursuant to divisions (C)(1),	75945
(2), (3), and (4) of this section or provided under any other	75946
insured or noninsured plan or program.	75947

(H) If an employee or member becomes entitled to obtain a	75948
converted policy pursuant to this section, and if the employee or	75949
member has not received notice of the conversion privilege at	75950
least fifteen days prior to the expiration of the thirty-one-day	75951
conversion period provided in division (B) of this section, then	75952
the employee or member has an additional period within which to	75953
exercise the privilege. This additional period shall expire	75954
fifteen days after the employee or member receives notice, but in	75955
no event shall the period extend beyond sixty days after the	75956
expiration of the thirty-one-day conversion period.	75957

Written notice presented to the employee or member, or mailed	75958
by the policyholder to the last known address of the employee or	75959
member as indicated on its records, constitutes notice for the	75960
purpose of this division. In the case of a person who is eligible	75961
for a converted policy under division (D)(2) or (D)(3) of this	75962
section, a policyholder shall not be responsible for presenting or	75963
mailing such notice, unless such policyholder has actual knowledge	75964
of the person's eligibility for a converted policy.	75965

If an additional period is allowed by an employee or member	75966
for the exercise of a conversion privilege, and if written	75967
application for the converted policy, accompanied by at least the	75968
first quarterly premium, is made after the expiration of the	75969
thirty-one-day conversion period, but within the additional period	75970
allowed an employee or member in accordance with this division,	75971
the effective date of the converted policy shall be the date of	75972
application.	75973

(I) The converted policy may provide that any hospital,	75974
surgical, or medical expense benefits otherwise payable with	75975
respect to any person may be reduced by the amount of any such	75976
benefits payable under the group policy for the same loss after	75977
termination of coverage.	75978

(J) The converted policy may contain:

75979

(1) Any exclusion, reduction, or limitation contained in the	75980
group policy or customarily used in individual policies issued by	75981
the insurer;	75982

(2) Any provision permitted in this section;

75983

(3) Any other provision not prohibited by law.

75984

Any provision required or permitted in this section may be	75985
made a part of any converted policy by means of an endorsement or	75986
rider.	75987

(K) The time limit specified in a converted policy for	75988
certain defenses with respect to any person who was covered by a	75989
group policy shall commence on the effective date of such person's	75990
coverage under the group policy.	75991

(L) No insurer shall use deterioration of health as the basis	75992
for refusing to renew a converted policy.	75993

(M) No insurer shall use age or health status as the basis	75994
for refusing to renew a converted policy.	75995

(N) A converted policy made available pursuant to this	75996
section shall, if delivery of the policy is to be made in this	75997
state, comply with this section. If delivery of a converted policy	75998
is to be made in another state, it may be on a form offered by the	75999
insurer in the jurisdiction where the delivery is to be made and	76000
which provides benefits substantially in compliance with those	76001
required in a policy delivered in this state.	76002

(O) As used in this section~~, "federally~~:

76003

(1) "Base rate" means, as to any health benefit plan that is	76004
issued by an insurer in the individual market, the lowest premium	76005
rate for new or existing business prescribed by the insurer for	76006
the same or similar coverage under a plan or arrangement covering	76007
any individual with similar case characteristics.	76008

(2) "Federally eligible individual" means an eligible	76009
individual as defined in 45 C.F.R. 148.103.	76010

Sec. 3923.24. ~~Every~~(A) Notwithstanding section 3901.71 of	76011
the Revised Code, every certificate furnished by an insurer in	76012
connection with, or pursuant to any provision of, any group	76013
sickness and accident insurance policy delivered, issued for	76014
delivery, renewed, or used in this state on or after January 1,	76015
1972, ~~and~~ every policy of sickness and accident insurance	76016
delivered, issued for delivery, renewed, or used in this state on	76017
or after January 1, 1972, and every multiple employer welfare	76018
arrangement offering an insurance program, which provides that	76019
coverage of an unmarried dependent child of a parent or legal	76020
guardian will terminate upon attainment of the limiting age for	76021
dependent children specified in the contract shall also provide	76022
in substance ~~that~~both of the following:	76023

(1) Once an unmarried child has attained the limiting age for	76024
dependent children, as provided in the policy, upon the request of	76025
the insured, the insurer shall offer to cover the unmarried child	76026
until the child attains twenty-nine years of age if all of the	76027
following are true:	76028

(a) The child is a resident of this state or a full-time	76029
student at an accredited public or private institution of higher	76030
education.	76031

(b) The child is not employed by an employer that offers any	76032
health benefit plan under which the child is eligible for	76033
coverage.	76034

(c) The child is not eligible for coverage under the medicaid	76035
program established under Chapter 5111. of the Revised Code or the	76036
medicare program established under Title XVIII of the "Social	76037
Security Act," 42 U.S.C. 1395.	76038

(2) That attainment of ~~such~~the limiting age for dependent	76039
children shall not operate to terminate the coverage of ~~such~~a	76040
dependent child if the child is and continues to be both of the	76041
following:	76042

~~(A)~~(a) Incapable of self-sustaining employment by reason of	76043
mental retardation or physical handicap;	76044

~~(B)~~(b) Primarily dependent upon the policyholder or	76045
certificate holder for support and maintenance.	76046

(B) Proof of such incapacity and dependence for purposes of	76047
division (A)(2) of this section shall be furnished by the	76048
policyholder or by the certificate holder to the insurer within	76049
thirty-one days of the child's attainment of the limiting age.	76050
Upon request, but not more frequently than annually after the	76051
two-year period following the child's attainment of the limiting	76052
age, the insurer may require proof satisfactory to it of the	76053
continuance of such incapacity and dependency.	76054

(C) Nothing in this section shall require an insurer to cover	76055
a dependent child who is mentally retarded or physically	76056
handicapped if the contract is underwritten on evidence of	76057
insurability based on health factors set forth in the application,	76058
or if such dependent child does not satisfy the conditions of the	76059
contract as to any requirement for evidence of insurability or	76060
other provision of the contract, satisfaction of which is required	76061
for coverage thereunder to take effect. In any such case, the	76062
terms of the contract shall apply with regard to the coverage or	76063
exclusion of the dependent from such coverage. Nothing in this	76064
section shall apply to accidental death or dismemberment benefits	76065
provided by any such policy of sickness and accident insurance.	76066

(D) Nothing in this section shall do any of the following:

76067

(1) Require that any policy offer coverage for dependent	76068
children or provide coverage for an unmarried dependent child's	76069
children as dependents on the policy;	76070

(2) Require an employer to pay for any part of the premium	76071
for an unmarried dependent child that has attained the limiting	76072
age for dependents, as provided in the policy;	76073

(3) Require an employer to offer health insurance coverage to	76074
the dependents of any employee.	76075

(E) This section does not apply to any policies or	76076
certificates covering only accident, credit, dental, disability	76077
income, long-term care, hospital indemnity, medicare supplement,	76078
specified disease, or vision care; coverage under a	76079
one-time-limited-duration policy of not longer than six months;	76080
coverage issued as a supplement to liability insurance; insurance	76081
arising out of a workers' compensation or similar law; automobile	76082
medical-payment insurance; or insurance under which benefits are	76083
payable with or without regard to fault and that is statutorily	76084
required to be contained in any liability insurance policy or	76085
equivalent self-insurance.	76086

(F) As used in this section, "health benefit plan" has the	76087
same meaning as in section 3924.01 of the Revised Code and also	76088
includes both of the following:	76089

(1) A public employee benefit plan;

76090

(2) A health benefit plan as regulated under the "Employee	76091
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	76092

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	76093
Revised Code, any public employee benefit plan that provides that	76094
coverage of an unmarried dependent child will terminate upon	76095
attainment of the limiting age for dependent children specified in	76096
the plan shall also provide in substance both of the following:	76097

(1) Once an unmarried child has attained the limiting age for	76098
dependent children, as provided in the plan, upon the request of	76099
the employee, the public employee benefit plan shall offer to	76100
cover the unmarried child until the child attains twenty-nine	76101
years of age if all of the following are true:	76102

(a) The child is a resident of this state or a full-time	76103
student at an accredited public or private institution of higher	76104
education.	76105

(b) The child is not employed by an employer that offers any	76106
health benefit plan under which the child is eligible for	76107
coverage.	76108

(c) The child is not eligible for coverage under the medicaid	76109
program established under Chapter 5111. of the Revised Code or the	76110
medicare program established under Title XVIII of the "Social	76111
Security Act," 42 U.S.C. 1395.	76112

(2) That attainment of the limiting age for dependent	76113
children shall not operate to terminate the coverage of a	76114
dependent child if the child is and continues to be both of the	76115
following:	76116

(a) Incapable of self-sustaining employment by reason of	76117
mental retardation or physical handicap;	76118

(b) Primarily dependent upon the plan member for support and	76119
maintenance.	76120

(B) Proof of incapacity and dependence for purposes of	76121
division (A)(2) of this section shall be furnished to the public	76122
employee benefit plan within thirty-one days of the child's	76123
attainment of the limiting age. Upon request, but not more	76124
frequently than annually, the public employee benefit plan may	76125
require proof satisfactory to it of the continuance of such	76126
incapacity and dependency.	76127

76128

(1) Require that any public employee benefit plan offer	76129
coverage for dependent children or provide coverage for an	76130
unmarried dependent child's children as dependents on the public	76131
employee benefit plan;	76132

(2) Require an employer to pay for any part of the premium	76133
for an unmarried dependent child that has attained the limiting	76134
age for dependents, as provided in the plan;	76135

(3) Require an employer to offer health insurance coverage to	76136
the dependents of any employee.	76137

(D) This section does not apply to any public employee	76138
benefit plan covering only accident, credit, dental, disability	76139
income, long-term care, hospital indemnity, medicare supplement,	76140
specified disease, or vision care; coverage under a	76141
one-time-limited-duration policy of not longer than six months;	76142
coverage issued as a supplement to liability insurance; insurance	76143
arising out of a workers' compensation or similar law; automobile	76144
medical-payment insurance; or insurance under which benefits are	76145
payable with or without regard to fault and which is statutorily	76146
required to be contained in any liability insurance policy or	76147
equivalent self-insurance.	76148

(E) As used in this section, "health benefit plan" has the	76149
same meaning as in section 3924.01 of the Revised Code and also	76150
includes both of the following:	76151

(1) A public employee benefit plan;

76152

(2) A health benefit plan as regulated under the "Employee	76153
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	76154

Sec. 3923.57. Notwithstanding any provision of this chapter,	76155
every individual policy of sickness and accident insurance that is	76156
delivered, issued for delivery, or renewed in this state is	76157
subject to the following conditions, as applicable:	76158

(A) Pre-existing conditions provisions shall not exclude or	76159
limit coverage for a period beyond twelve months following the	76160
policyholder's effective date of coverage and may only relate to	76161
conditions during the six months immediately preceding the	76162
effective date of coverage.	76163

(B) In determining whether a pre-existing conditions	76164
provision applies to a policyholder or dependent, each policy	76165
shall credit the time the policyholder or dependent was covered	76166
under a previous policy, contract, or plan if the previous	76167
coverage was continuous to a date not more than ~~thirty~~sixty-three	76168
days prior to the effective date of the new coverage, exclusive of	76169
any applicable service waiting period under the policy.	76170

(C)(1) Except as otherwise provided in division (C) of this	76171
section, an insurer that provides an individual sickness and	76172
accident insurance policy to an individual shall renew or continue	76173
in force such coverage at the option of the individual.	76174

(2) An insurer may nonrenew or discontinue coverage of an	76175
individual in the individual market based only on one or more of	76176
the following reasons:	76177

(a) The individual failed to pay premiums or contributions in	76178
accordance with the terms of the policy or the insurer has not	76179
received timely premium payments.	76180

(b) The individual performed an act or practice that	76181
constitutes fraud or made an intentional misrepresentation of	76182
material fact under the terms of the policy.	76183

(c) The insurer is ceasing to offer coverage in the	76184
individual market in accordance with division (D) of this section	76185
and the applicable laws of this state.	76186

(d) If the insurer offers coverage in the market through a	76187
network plan, the individual no longer resides, lives, or works in	76188
the service area, or in an area for which the insurer is	76189
authorized to do business; provided, however, that such coverage	76190
is terminated uniformly without regard to any health	76191
status-related factor of covered individuals.	76192

(e) If the coverage is made available in the individual	76193
market only through one or more bona fide associations, the	76194
membership of the individual in the association, on the basis of	76195
which the coverage is provided, ceases; provided, however, that	76196
such coverage is terminated under division (C)(2)(e) of this	76197
section uniformly without regard to any health status-related	76198
factor of covered individuals.	76199

An insurer offering coverage to individuals solely through	76200
membership in a bona fide association shall not be deemed, by	76201
virtue of that offering, to be in the individual market for	76202
purposes of sections 3923.58 and 3923.581 of the Revised Code.	76203
Such an insurer shall not be required to accept applicants for	76204
coverage in the individual market pursuant to sections 3923.58 and	76205
3923.581 of the Revised Code unless the insurer also offers	76206
coverage to individuals other than through bona fide associations.	76207

(3) An insurer may cancel or decide not to renew the coverage	76208
of a dependent of an individual if the dependent has performed an	76209
act or practice that constitutes fraud or made an intentional	76210
misrepresentation of material fact under the terms of the coverage	76211
and if the cancellation or nonrenewal is not based, either	76212
directly or indirectly, on any health status-related factor in	76213
relation to the dependent.	76214

(D)(1) If an insurer decides to discontinue offering a	76215
particular type of health insurance coverage offered in the	76216
individual market, coverage of such type may be discontinued by	76217
the insurer if the insurer does all of the following:	76218

(a) Provides notice to each individual provided coverage of	76219
this type in such market of the discontinuation at least ninety	76220
days prior to the date of the discontinuation of the coverage;	76221

(b) Offers to each individual provided coverage of this type	76222
in such market, the option to purchase any other individual health	76223
insurance coverage currently being offered by the insurer for	76224
individuals in that market;	76225

(c) In exercising the option to discontinue coverage of this	76226
type and in offering the option of coverage under division	76227
(D)(1)(b) of this section, acts uniformly without regard to any	76228
health status-related factor of covered individuals or of	76229
individuals who may become eligible for such coverage.	76230

(2) If an insurer elects to discontinue offering all health	76231
insurance coverage in the individual market in this state, health	76232
insurance coverage may be discontinued by the insurer only if both	76233
of the following apply:	76234

(a) The insurer provides notice to the department of	76235
insurance and to each individual of the discontinuation at least	76236
one hundred eighty days prior to the date of the expiration of the	76237
coverage.	76238

(b) All health insurance delivered or issued for delivery in	76239
this state in such market is discontinued and coverage under that	76240
health insurance in that market is not renewed.	76241

(3) In the event of a discontinuation under division (D)(2)	76242
of this section in the individual market, the insurer shall not	76243
provide for the issuance of any health insurance coverage in the	76244
market and this state during the five-year period beginning on the	76245
date of the discontinuation of the last health insurance coverage	76246
not so renewed.	76247

(E) Notwithstanding divisions (C) and (D) of this section, an	76248
insurer may, at the time of coverage renewal, modify the health	76249
insurance coverage for a policy form offered to individuals in the	76250
individual market if the modification is consistent with the law	76251
of this state and effective on a uniform basis among all	76252
individuals with that policy form.	76253

(F) Such policies are subject to sections 2743 and 2747 of	76254
the "Health Insurance Portability and Accountability Act of 1996,"	76255
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-43 and	76256
300gg-47, as amended.	76257

(G) Sections 3924.031 and 3924.032 of the Revised Code shall	76258
apply to sickness and accident insurance policies offered in the	76259
individual market in the same manner as they apply to health	76260
benefit plans offered in the small employer market.	76261

In accordance with 45 C.F.R. 148.102, divisions (C) to (G) of	76262
this section also apply to all group sickness and accident	76263
insurance policies that are not sold in connection with an	76264
employment-related group health plan and that provide more than	76265
short-term, limited duration coverage.	76266

In applying divisions (C) to (G) of this section with respect	76267
to health insurance coverage that is made available by an insurer	76268
in the individual market to individuals only through one or more	76269
associations, the term "individual" includes the association of	76270
which the individual is a member.	76271

For purposes of this section, any policy issued pursuant to	76272
division (C) of section 3923.13 of the Revised Code in connection	76273
with a public or private college or university student health	76274
insurance program is considered to be issued to a bona fide	76275
association.	76276

As used in this section, "bona fide association" has the same	76277
meaning as in section 3924.03 of the Revised Code, and "health	76278
status-related factor" and "network plan" have the same meanings	76279
as in section 3924.031 of the Revised Code.	76280

This section does not apply to any policy that provides	76281
coverage for specific diseases or accidents only, or to any	76282
hospital indemnity, medicare supplement, long-term care,	76283
disability income, one-time-limited-duration policy of no longer	76284
than six months, or other policy that offers only supplemental	76285
benefits.	76286

Sec. 3923.58. (A) As used in sections 3923.58 and 3923.59 of	76287
the Revised Code:	76288

(1) ~~"Health~~"Base rate" means, as to any health benefit plan	76289
that is issued by an insurer in the individual market, the lowest	76290
premium rate for new or existing business prescribed by the	76291
insurer for the same or similar coverage under a plan or	76292
arrangement covering any individual with similar case	76293
characteristics.	76294

(2) "Carrier," "health benefit plan," and "MEWA" have the	76295
same meanings as in section 3924.01 of the Revised Code.	76296

~~(2)~~(3) "Insurer" means any sickness and accident insurance	76297
company authorized to do business in this state, or MEWA	76298
authorized to issue insured health benefit plans in this state.	76299
"Insurer" does not include any health insuring corporation that is	76300
owned or operated by an insurer.	76301

~~(3)~~(4) "Ohio health care basic and standard plans" means	76302
those plans established under section 3924.10 of the Revised Code.	76303

(5) "Pre-existing conditions provision" means a policy	76304
provision that excludes or limits coverage for charges or expenses	76305
incurred during a specified period following the insured's	76306
effective date of coverage as to a condition which, during a	76307
specified period immediately preceding the effective date of	76308
coverage, had manifested itself in such a manner as would cause an	76309
ordinarily prudent person to seek medical advice, diagnosis, care,	76310
or treatment or for which medical advice, diagnosis, care, or	76311
treatment was recommended or received, or a pregnancy existing on	76312
the effective date of coverage.	76313

(B) Beginning in January of each year, insurers in the	76314
business of issuing individual policies of sickness and accident	76315
insurance as contemplated by section 3923.021 of the Revised Code,	76316
except individual policies issued pursuant to section 3923.122 of	76317
the Revised Code, shall accept applicants for open enrollment	76318
coverage, as set forth in this division, in the order in which	76319
they apply for coverage and subject to the limitation set forth in	76320
division (G) of this section. Insurers shall accept for coverage	76321
pursuant to this section individuals to whom both of the following	76322
conditions apply:	76323

(1) The individual is not applying for coverage as an	76324
employee of an employer, as a member of an association, or as a	76325
member of any other group.	76326

(2) The individual is not covered, and is not eligible for	76327
coverage, under any other private or public health benefits	76328
arrangement, including the medicare program established under	76329
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	76330
U.S.C.A. 301, as amended, or any other act of congress or law of	76331
this or any other state of the United States that provides	76332
benefits comparable to the benefits provided under this section,	76333
any medicare supplement policy, or any continuation of coverage	76334
policy under state or federal law.	76335

(C) An insurer shall offer to any individual accepted under	76336
this section the Ohio health care basic and standard plans	76337
~~established by the board of directors of the Ohio health~~	76338
~~reinsurance program under division (A) of section 3924.10 of the~~	76339
~~Revised Code~~ or health benefit plans that are substantially	76340
similar to the Ohio health care basic and standard plans in	76341
benefit plan design and scope of covered services.	76342

An insurer may offer other health benefit plans in addition	76343
to, but not in lieu of, the plans required to be offered under	76344
this division. A basic health benefit plan shall provide, at a	76345
minimum, the coverage provided by the Ohio health care basic plan	76346
or any health benefit plan that is substantially similar to the	76347
Ohio health care basic plan in benefit plan design and scope of	76348
covered services. A standard health benefit plan shall provide, at	76349
a minimum, the coverage provided by the Ohio health care standard	76350
plan or any health benefit plan that is substantially similar to	76351
the Ohio health care standard plan in benefit plan design and	76352
scope of covered services.	76353

For purposes of this division, the superintendent of	76354
insurance shall determine whether a health benefit plan is	76355
substantially similar to the Ohio health care basic and standard	76356
plans in benefit plan design and scope of covered services.	76357

(D)(1) Health benefit plans issued under this section may	76358
establish pre-existing conditions provisions that exclude or limit	76359
coverage for a period of up to twelve months following the	76360
individual's effective date of coverage and that may relate only	76361
to conditions during the six months immediately preceding the	76362
effective date of coverage.	76363

(2) In determining whether a pre-existing conditions	76364
provision applies to a policyholder or dependent, each policy	76365
shall credit the time the policyholder or dependent was covered	76366
under a previous policy, contract, or plan if the previous	76367
coverage was continuous to a date not more than sixty-three days	76368
prior to the effective date of the new coverage, exclusive of any	76369
applicable service waiting period under the policy.	76370

(E) Premiums charged to individuals under this section may	76371
not exceed an amount that is ~~two~~one and one-half times the	76372
~~highest~~base rate ~~charged~~for coverage offered to any other	76373
individual to which the insurer is currently accepting new	76374
business, and for which similar copayments and deductibles are	76375
applied.	76376

(F) In offering health benefit plans under this section, an	76377
insurer may require the purchase of health benefit plans that	76378
condition the reimbursement of health services upon the use of a	76379
specific network of providers.	76380

(G)(1) ~~In no event shall an~~An insurer shall not be required	76381
to accept new applicants under this section if the total number of	76382
new insureds accepted annually under this section ~~individuals who,~~	76383
~~in the aggregate, would cause the insurer to have a total number~~	76384
~~of new insureds that is more than~~and section 3923.581 of the	76385
Revised Code exceeds four and one-half per cent of ~~its~~the	76386
insurer's total number of insured individuals and nonemployer	76387
group insureds in this state per year, ~~as contemplated by section~~	76388
~~3923.021 of the Revised Code,~~ calculated as of the immediately	76389
preceding thirty-first day of December and excluding the insurer's	76390
medicare supplement policies and conversion or continuation of	76391
coverage policies under state or federal law and any policies	76392
described in division (L) of this section.	76393

(2) An officer of the insurer shall certify to the department	76394
of insurance when it has met the enrollment limit set forth in	76395
division (G)(1) of this section. Upon providing such	76396
certification, the insurer shall be relieved of its open	76397
enrollment requirement under this section for the remainder of the	76398
calendar year.	76399

(H) An insurer shall not be required to accept under this	76400
section applicants who, at the time of enrollment, are confined to	76401
a health care facility because of chronic illness, permanent	76402
injury, or other infirmity that would cause economic impairment to	76403
the insurer if the applicants were accepted~~, or~~. An insurer shall	76404
not be required to make the effective date of benefits for	76405
individuals accepted under this section earlier than ninety days	76406
after the date of acceptance, except that when the individual had	76407
prior coverage with a health benefit plan that was terminated by a	76408
carrier because the carrier exited the market and the individual	76409
was accepted for open enrollment under this section within	76410
sixty-three days of that termination, the effective date of	76411
benefits shall be the date of enrollment.	76412

(I) The requirements of this section do not apply to any	76413
insurer that is currently in a state of supervision, insolvency,	76414
or liquidation. If an insurer demonstrates to the satisfaction of	76415
the superintendent that the requirements of this section would	76416
place the insurer in a state of supervision, insolvency, or	76417
liquidation, the superintendent may waive or modify the	76418
requirements of division (B) or (G) of this section. The actions	76419
of the superintendent under this division shall be effective for a	76420
period of not more than one year. At the expiration of such time,	76421
a new showing of need for a waiver or modification by the insurer	76422
shall be made before a new waiver or modification is issued or	76423
imposed.	76424

(J) No hospital, health care facility, or health care	76425
practitioner, and no person who employs any health care	76426
practitioner, shall balance bill any individual or dependent of an	76427
individual for any health care supplies or services provided to	76428
the individual or dependent who is insured under a policy issued	76429
under this section. The hospital, health care facility, or health	76430
care practitioner, or any person that employs the health care	76431
practitioner, shall accept payments made to it by the insurer	76432
under the terms of the policy or contract insuring or covering	76433
such individual as payment in full for such health care supplies	76434
or services.	76435

As used in this division, "hospital" has the same meaning as	76436
in section 3727.01 of the Revised Code; "health care practitioner"	76437
has the same meaning as in section 4769.01 of the Revised Code;	76438
and "balance bill" means charging or collecting an amount in	76439
excess of the amount reimbursable or payable under the policy or	76440
health care service contract issued to an individual under this	76441
section for such health care supply or service. "Balance bill"	76442
does not include charging for or collecting copayments or	76443
deductibles required by the policy or contract.	76444

(K) An insurer ~~shall~~may pay an agent a commission in the	76445
amount of not more than five per cent of the premium charged for	76446
initial placement or for otherwise securing the issuance of a	76447
policy or contract issued to an individual under this section, and	76448
not more than four per cent of the premium charged for the renewal	76449
of such a policy or contract. The superintendent may adopt, in	76450
accordance with Chapter 119. of the Revised Code, such rules as	76451
are necessary to enforce this division.	76452

(L) This section does not apply to any policy that provides	76453
coverage for specific diseases or accidents only, or to any	76454
hospital indemnity, medicare supplement, long-term care,	76455
disability income, one-time-limited-duration policy of no longer	76456
than six months, or other policy that offers only supplemental	76457
benefits.	76458

Sec. 3923.581. (A) As used in this section:

76459

(1) "Base rate" means, as to any health benefit plan that is	76460
issued by a carrier in the individual market, the lowest premium	76461
rate for new or existing business prescribed by the carrier for	76462
the same or similar coverage under a plan or arrangement covering	76463
any individual with similar case characteristics.	76464

(2) "Carrier," "health benefit plan," "MEWA," and	76465
"pre-existing conditions provision" have the same meanings as in	76466
section 3924.01 of the Revised Code.	76467

~~(2)~~(3) "Federally eligible individual" means an eligible	76468
individual as defined in 45 C.F.R. 148.103.	76469

~~(3)~~(4) "Health status-related factor" means any of the	76470
following:	76471

(a) Health status;

76472

(b) Medical condition, including both physical and mental	76473
illnesses;	76474

76475

(d) Receipt of health care;

76476

(e) Medical history;

76477

(f) Genetic information;

76478

(g) Evidence of insurability, including conditions arising	76479
out of acts of domestic violence;	76480

(h) Disability.

76481

~~(4) "Midpoint rate" means, for individuals with similar case~~	76482
~~characteristics and plan designs and as determined by the~~	76483
~~applicable carrier for a rating period, the arithmetic average of~~	76484
~~the applicable base premium rate and the corresponding highest~~	76485
~~premium rate.~~	76486

(5) "Network plan" means a health benefit plan of a carrier	76487
under which the financing and delivery of medical care, including	76488
items and services paid for as medical care, are provided, in	76489
whole or in part, through a defined set of providers under	76490
contract with the carrier.	76491

(6) "Ohio health care basic and standard plans" means those	76492
plans established under section 3924.10 of the Revised Code.	76493

(B) Beginning in January of each year, carriers in the	76494
business of issuing health benefit plans to individuals or	76495
nonemployer groups shall accept federally eligible individuals for	76496
open enrollment coverage, as provided in this section, in the	76497
order in which they apply for coverage and subject to the	76498
limitation set forth in division (J) of this section.	76499

76500

(1) Decline to offer such coverage to, or deny enrollment of,	76501
such individuals;	76502

(2) Apply any pre-existing conditions provision to such	76503
coverage.	76504

(D) A carrier shall offer to federally eligible individuals	76505
the Ohio health care basic and standard ~~plan established by the~~	76506
~~board of directors of the Ohio health reinsurance program~~plans or	76507
plans substantially similar to the basic and standard ~~plan~~plans	76508
in benefit design and scope of covered services. For purposes of	76509
this division, the superintendent of insurance shall determine	76510
whether a plan is substantially similar to the basic or standard	76511
plan in benefit design and scope of covered services.	76512

(E) Premiums charged to individuals under this section may	76513
not exceed an amount that is ~~two~~one and one-half times the	76514
~~midpoint~~base rate ~~charged~~for coverage offered to any other	76515
individual to which the carrier is currently accepting new	76516
business, and for which similar copayments and deductibles are	76517
applied.	76518

(F) If a carrier offers a health benefit plan in the	76519
individual market through a network plan, the carrier may do both	76520
of the following:	76521

(1) Limit the federally eligible individuals that may apply	76522
for such coverage to those who live, work, or reside in the	76523
service area of the network plan;	76524

(2) Within the service area of the network plan, deny the	76525
coverage to federally eligible individuals if the carrier has	76526
demonstrated both of the following to the superintendent:	76527

(a) The carrier will not have the capacity to deliver	76528
services adequately tto any additional individuals because of the	76529
carrier's obligations to existing group contract holders and	76530
individuals.	76531

(b) The carrier is applying division (F)(2) of this section	76532
uniformly to all federally eligible individuals without regard to	76533
any health status-related factor of those individuals.	76534

(G) A carrier that, pursuant to division (F)(2) of this	76535
section, denies coverage to an individual in the service area of a	76536
network plan, shall not offer coverage in the individual market	76537
within that service area for at least one hundred eighty days	76538
after the date the coverage is denied.	76539

(H) A carrier may refuse to issue health benefit plans to	76540
federally eligible individuals if the carrier has demonstrated	76541
both of the following to the superintendent:	76542

(1) The carrier does not have the financial reserves	76543
necessary to underwrite additional coverage.	76544

(2) The carrier is applying division (H) of this section	76545
uniformly to all federally eligible individuals in this state	76546
consistent with the applicable laws and rules of this state and	76547
without regard to any health status-related factor relating to	76548
those individuals.	76549

(I) A carrier that, pursuant to division (H) of this section,	76550
refuses to issue health benefit plans to federally eligible	76551
individuals, shall not offer health benefit plans in the	76552
individual market in this state for at least one hundred eighty	76553
days after the date the coverage is denied or until the carrier	76554
has demonstrated to the superintendent that the carrier has	76555
sufficient financial reserves to underwrite additional coverage,	76556
whichever is later.	76557

(J)(1) Except as provided in division (J)(2) of this section,	76558
a carrier shall not be required to accept ~~annually~~new applicants	76559
under this section ~~federally eligible individuals who, in the~~	76560
~~aggregate, would cause the carrier to have a total number of new~~	76561
~~insureds that is more than~~if the total number of new insureds	76562
accepted annually under this section and section 3923.58 of the	76563
Revised Code exceeds four and one-half per cent of ~~its~~the	76564
carrier's total number of insured individuals and nonemployer	76565
~~groups~~group insureds in this state per year, calculated as of the	76566
immediately preceding thirty-first day of December and excluding	76567
the carrier's medicare supplement policies and conversion or	76568
continuation of coverage policies under state or federal law and	76569
any policies described in division ~~(M)~~(L) of section 3923.58 of	76570
the Revised Code.	76571

(2) An officer of the carrier shall certify to the department	76572
of insurance when it has met the enrollment limit set forth in	76573
division (J)(1) of this section. Upon providing such	76574
certification, the carrier shall be relieved of its open	76575
enrollment requirement under this section for the remainder of the	76576
calendar year unless, prior to the end of the calendar year, all	76577
the carriers subject to this section have individually met the	76578
enrollment limit set forth in division (J)(1) of this section. In	76579
that event, carriers shall again accept applicants for open	76580
enrollment coverage pursuant to this section, subject to ~~the~~an	76581
additional enrollment limit equal to that set forth in division	76582
(J)(1) of this section.	76583

(K) The superintendent may provide for the application of	76584
this section on a service-area-specific basis.	76585

(L) The requirements of this section do not apply to any	76586
health benefit plan described in division ~~(M)~~(L) of section	76587
3923.58 of the Revised Code.	76588

(M) A carrier may pay an agent a commission in the amount of	76589
not more than five per cent of the premium charged for initial	76590
placement or for otherwise securing the issuance of a policy or	76591
contract issued to an individual under this section, and not more	76592
than four per cent of the premium charged for the renewal of such	76593
a policy or contract. The superintendent may adopt, in accordance	76594
with Chapter 119. of the Revised Code, such rules as are necessary	76595
to enforce this division.	76596

Sec. 3923.66. (A) As used in sections 3923.66 to 3923.70 of	76597
the Revised Code:	76598

(1) "Clinical peer" and "physician" have the same meanings as	76599
in section 1751.77 of the Revised Code.	76600

(2) "Authorized person" means a parent, guardian, or other	76601
person authorized to act on behalf of an insured with respect to	76602
health care decisions.	76603

(B) Sections 3923.66 to 3923.70 of the Revised Code do not	76604
apply to any individual or group policy of sickness and accident	76605
insurance covering only accident, credit, dental, disability	76606
income, long-term care, hospital indemnity, medicare supplement,	76607
medicare, tricare, specified disease, or vision care; coverage	76608
issued as a supplement to liability insurance; insurance arising	76609
out of workers' compensation or similar law; automobile medical	76610
payment insurance; or insurance under which benefits are payable	76611
with or without regard to fault and which is statutorily required	76612
to be contained in any liability insurance policy or equivalent	76613
self-insurance.	76614

(C) The superintendent of insurance shall establish and	76615
maintain a system for receiving and reviewing requests for review	76616
from insureds who have been denied coverage of a health care	76617
service on the grounds that the service is not a service covered	76618
under the terms of the insured's policy or certificate.	76619

On receipt of a written request from an insured or authorized	76620
person, the superintendent shall consider whether the health care	76621
service is a service covered under the terms of the insured's	76622
policy or certificate, except that the superintendent shall not	76623
conduct a review under this section unless the insured has	76624
exhausted the insurer's internal review process. The insurer and	76625
the insured or authorized person shall provide the superintendent	76626
with any information required by the superintendent that is in	76627
their possession and is germane to the review.	76628

Unless the superintendent is not able to do so because making	76629
the determination requires resolution of a medical issue, the	76630
superintendent shall determine whether the health care service at	76631
issue is a service covered under the terms of the insured's policy	76632
or certificate. The superintendent shall notify the insured, or	76633
authorized person, and the insurer of its determination or that it	76634
is not able to make a determination because the determination	76635
requires the resolution of a medical issue.	76636

If the superintendent notifies the insurer that making the	76637
determination requires the resolution of a medical issue, the	76638
insurer shall ~~afford the insured an opportunity for~~initiate an	76639
external review under section 3923.67 or 3923.68 of the Revised	76640
Code. If the superintendent notifies the insurer that the health	76641
care service is not a covered service, the insurer is not required	76642
to cover the service or afford the insured an external review.	76643

Sec. 3923.67. (A) Except as provided in divisions (B) and	76644
(C) of this section, an insurer shall afford an insured an	76645
opportunity for an external review of a coverage denial when	76646
requested by the insured or authorized person, if both of the	76647
following are the case:	76648

(1) The insurer has denied, reduced, or terminated coverage	76649
for what would be a covered health care service except that the	76650
insurer has determined that the health care service is not	76651
medically necessary.	76652

(2) Except in the case of expedited review, the proposed	76653
service, plus any ancillary services and follow-up care, will cost	76654
the insured more than five hundred dollars if the proposed service	76655
is not covered by the insurer.	76656

External review shall be conducted in accordance with this	76657
section, except that if an insured with a terminal condition meets	76658
all of the criteria of division (A) of section 3923.68 of the	76659
Revised Code, an external review shall be conducted under that	76660
section.	76661

(B) An insured need not be afforded a review under this	76662
section in any of the following circumstances:	76663

(1) The superintendent of insurance has determined under	76664
section 3923.66 of the Revised Code that the health care service	76665
is not a service covered under the terms of the insured's policy	76666
or certificate.	76667

(2) The insured has failed to exhaust the insurer's internal	76668
review process.	76669

(3) The insured has previously afforded an external review	76670
for the same denial of coverage, and no new clinical information	76671
has been submitted to the insurer.	76672

(C)(1) An insurer may deny a request from an insured for an	76673
external review of an adverse decision from the insurer's internal	76674
appeal process if it is requested later than ~~sixty~~one hundred	76675
eighty days after receipt ~~by the insured~~ of notice ~~from the~~	76676
~~superintendent of insurance under section 3923.66 of the Revised~~	76677
~~Code that making a determination requires the resolution of a~~	76678
~~medical issue~~from the insurer of the adverse decision. An	76679
external review may be requested by the insured, an authorized	76680
person, the insured's provider, or a health care facility	76681
rendering health care service to the insured. The insured may	76682
request a review without the approval of the provider or the	76683
health care facility rendering the health care service. The	76684
provider or health care facility may not request a review without	76685
the prior consent of the insured.	76686

(2) An external review must be requested in writing, except	76687
that if the insured has a condition that requires expedited	76688
review, the review may be requested orally or by electronic means.	76689
When an oral or electronic request for review is made, written	76690
confirmation of the request must be submitted to the insurer not	76691
later than five days after the request is made.	76692

Except in the case of an expedited review, a request for an	76693
external review must be accompanied by written certification from	76694
the insured's provider or the health care facility rendering the	76695
health care service to the insured that the proposed service, plus	76696
any ancillary services and follow-up care, will cost the insured	76697
more than five hundred dollars if the proposed service is not	76698
covered by the insurer.	76699

(3) For an expedited review, the insured's provider must	76700
certify that the insured's condition could, in the absence of	76701
immediate medical attention, result in any of the following:	76702

(a) Placing the health of the insured or, with respect to a	76703
pregnant woman, the health of the insured or the unborn child, in	76704
serious jeopardy;	76705

(b) Serious impairment to bodily functions;

76706

76707

(D) The procedures used in conducting an external review	76708
shall include all of the following:	76709

(1) The review shall be conducted by an independent review	76710
organization assigned by the superintendent of insurance under	76711
section 3901.80 of the Revised Code.	76712

(2) Except as provided in divisions (D)(3) and (4) of this	76713
section, neither the clinical peer nor any health care facility	76714
with which the clinical peer is affiliated shall have any	76715
professional, familial, or financial affiliation with any of the	76716
following:	76717

(a) The insurer or any officer, director, or managerial	76718
employee of the insurer;	76719

(b) The insured, the insured's provider, or the practice	76720
group of the insured's provider;	76721

(c) The health care facility at which the health care service	76722
requested by the insured would be provided;	76723

(d) The development or manufacture of the principal drug,	76724
device, procedure, or therapy proposed for the insured.	76725

(3) Division (D)(2) of this section does not prohibit a	76726
clinical peer from conducting a review under any of the following	76727
circumstances:	76728

(a) The clinical peer is affiliated with an academic medical	76729
center that provides health care services to insureds of the	76730
insurer.	76731

(b) The clinical peer has staff privileges at a health care	76732
facility that provides health care services to insureds of the	76733
insurer.	76734

(c) The clinical peer has a contractual relationship with the	76735
insurer but was not involved with the insurer's coverage decision.	76736

(4) Division (D)(2) of this section does not prohibit the	76737
insurer from paying the independent review organization for the	76738
conduct of the review.	76739

(5) An insured shall not be required to pay for any part of	76740
the cost of the review. The cost of the review shall be borne by	76741
the insurer.	76742

(6)(a) The insurer shall provide to the independent review	76743
organization conducting the review a copy of those records in its	76744
possession that are relevant to the insured's medical condition	76745
and the review.	76746

Records shall be used solely for the purpose of this	76747
division. At the request of the independent review organization,	76748
the insurer, insured, provider, or health care facility rendering	76749
health care services to the insured shall provide any additional	76750
information the independent review organization requests to	76751
complete the review. A request for additional information may be	76752
made in writing, orally, or by electronic means. The independent	76753
review organization shall submit the request to the insured and	76754
insurer. If a request is submitted orally or by electronic means	76755
to an insured or insurer, not later than five days after the	76756
request is submitted, the independent review organization shall	76757
provide written confirmation of the request. If the review was	76758
initiated by a provider or health care facility, a copy of the	76759
request shall be submitted to the provider or health care	76760
facility.	76761

(b) An independent review organization is not required to	76762
make a decision if it has not received any requested information	76763
that it considers necessary to complete a review. An independent	76764
review organization that does not make a decision for this reason	76765
shall notify the insured and the insurer that a decision is not	76766
being made. The notice may be made in writing, orally, or by	76767
electronic means. An oral or electronic notice shall be confirmed	76768
in writing not later than five days after the oral or electronic	76769
notice is made. If the review was initiated by a provider or	76770
health care facility, a copy of the notice shall be submitted to	76771
the provider or health care facility.	76772

(7) The insurer may elect to cover the service requested and	76773
terminate the review. The insurer shall notify the insured and all	76774
other parties involved with the decision by mail, or with the	76775
consent or approval of the insured, by electronic means.	76776

(8) In making its decision, an independent review	76777
organization conducting the review shall take into account all of	76778
the following:	76779

(a) Information submitted by the insurer, the insured, the	76780
insured's provider, and the health care facility rendering the	76781
health care service, including the following:	76782

(i) The insured's medical records;

76783

(ii) The standards, criteria, and clinical rationale used by	76784
the insurer to make its decision.	76785

(b) Findings, studies, research, and other relevant documents	76786
of government agencies and nationally recognized organizations,	76787
including the national institutes of health or any board	76788
recognized by the national institutes of health, the national	76789
cancer institute, the national academy of sciences, the United	76790
States food and drug administration, the health care financing	76791
administration of the United States department of health and human	76792
services, and the agency for health care policy and research;	76793

(c) Relevant findings in peer-reviewed medical or scientific	76794
literature, published opinions of nationally recognized medical	76795
experts, and clinical guidelines adopted by relevant national	76796
medical societies.	76797

(9)(a) In the case of an expedited review, the independent	76798
review organization shall issue a written decision not later than	76799
seven days after the filing of the request for review. In all	76800
other cases, the independent review organization shall issue a	76801
written decision not later than thirty days after the filing of	76802
the request. The independent review organization shall send a copy	76803
of its decision to the insurer and the insured. If the insured's	76804
provider or the health care facility rendering health care	76805
services to the insured requested the review, the independent	76806
review organization shall also send a copy of its decision to the	76807
insured's provider or the health care facility.	76808

(b) The independent review organization's decision shall	76809
include a description of the insured's condition and the principal	76810
reasons for the decision and an explanation of the clinical	76811
rationale for the decision.	76812

(E) The independent review organization shall base its	76813
decision on the information submitted under division (D)(8) of	76814
this section. In making its decision, the independent review	76815
organization shall consider safety, efficacy, appropriateness, and	76816
cost-effectiveness.	76817

(F) The insurer shall provide any coverage determined by the	76818
independent review organization's decision to be medically	76819
necessary, subject to the other terms, limitations, and conditions	76820
of the insured's policy or certificate.	76821

Sec. 3923.68. (A) Each insurer shall establish a reasonable	76822
external, independent review process to examine the insurer's	76823
coverage decisions for insureds who meet all of the following	76824
criteria:	76825

(1) The insured has a terminal condition that, according to	76826
the current diagnosis of the insured's physician, has a high	76827
probability of causing death within two years.	76828

(2) The insured requests a review not later than ~~sixty~~one	76829
hundred eighty days after receipt by the insured of notice from	76830
the ~~superintendent of insurance under section 3923.66 of the~~	76831
~~Revised Code that making a determination requires resolution of a~~	76832
~~medical issue~~insurer of the adverse decision.	76833

(3) The insured's physician certifies that the insured has	76834
the condition described in division (A)(1) of this section and any	76835
of the following situations are applicable:	76836

(a) Standard therapies have not been effective in improving	76837
the condition of the insured.	76838

(b) Standard therapies are not medically appropriate for the	76839
insured.	76840

(c) There is no standard therapy covered by the insurer that	76841
is more beneficial than therapy described in division (A)(4) of	76842
this section.	76843

(4) The insured's physician has recommended a drug, device,	76844
procedure, or other therapy that the physician certifies, in	76845
writing, is likely to be more beneficial to the insured, in the	76846
physician's opinion, than standard therapies, or the insured has	76847
requested a therapy that has been found in a preponderance of	76848
peer-reviewed published studies to be associated with effective	76849
clinical outcomes for the same condition.	76850

(5) The insured has been denied coverage by the insurer for	76851
a drug, device, procedure, or other therapy recommended or	76852
requested pursuant to division (A)(4) of this section, and has	76853
exhausted the insurer's internal review process.	76854

(6) The drug, device, procedure, or other therapy, for which	76855
coverage has been denied, would be a covered health care service	76856
except for the insurer's determination that the drug, device,	76857
procedure, or other therapy is experimental or investigational.	76858

(B) A review shall be requested in writing, except that if	76859
the insured's physician determines that a therapy would be	76860
significantly less effective if not promptly initiated, the review	76861
may be requested orally or by electronic means. When an oral or	76862
electronic request for review is made, written confirmation of the	76863
request shall be submitted to the insurer not later than five days	76864
after the oral or written request is submitted.	76865

(C) The external, independent review process established by	76866
an insurer shall meet all of the following criteria:	76867

(1) Except as provided in division (E) of this section, the	76868
process shall afford all insureds who meet the criteria set forth	76869
in division (A) of this section the opportunity to have the	76870
insurer's decision to deny coverage of the recommended or	76871
requested therapy reviewed under the process. Each eligible	76872
insured shall be notified of that opportunity within thirty	76873
business days after the insurer denies coverage.	76874

(2) The review shall be conducted by an independent review	76875
organization assigned by the superintendent of insurance under	76876
section 3901.80 of the Revised Code.	76877

The independent review organization shall select a panel to	76878
conduct the review, which panel shall be composed of at least	76879
three physicians or other providers who, through clinical	76880
experience in the past three years, are experts in the treatment	76881
of the insured's medical condition and knowledgeable about the	76882
recommended or requested therapy.	76883

In either of the following circumstances, an exception may be	76884
made to the requirement that the review be conducted by an expert	76885
panel composed of a minimum of three physicians or other	76886
providers:	76887

(a) A review may be conducted by an expert panel composed of	76888
only two physicians or other providers if an insured has consented	76889
in writing to a review by the smaller panel.	76890

(b) A review may be conducted by a single expert physician or	76891
other provider if only the expert physician or other provider is	76892
available for the review.	76893

(3) Neither the insurer nor the insured shall choose, or	76894
control the choice of, the physician or other provider experts.	76895

(4) The selected experts, any health care facility with which	76896
an expert is affiliated, and the independent review organization	76897
arranging for the experts' review shall not have any professional,	76898
familial, or financial affiliation with any of the following:	76899

(a) The insurer or any officer, director, or managerial	76900
employee of the insurer;	76901

(b) The insured, the insured's physician, ofor the practice	76902
group of the insured's physician;	76903

(c) The health care facility at which the recommended or	76904
requested therapy would be provided;	76905

(d) The development or manufacture of the principal drug,	76906
device, procedure, or therapy involved in the recommended or	76907
requested therapy.	76908

However, experts affiliated with academic medical centers who	76909
provide health care services to insureds of the insurer may serve	76910
as experts on the review panel. Further, experts with staff	76911
privileges at a health care facility that provides health care	76912
services to insureds of the insurer, as well as experts who have a	76913
contractual relationship with the insurer, but who were not	76914
involved with the insurer's denial of coverage for the therapy	76915
under review, may serve as experts on the review panel. These	76916
nonaffiliation provisions do not preclude an insurer from paying	76917
for the experts' review, as specified in division (C)(5) of this	76918
section.	76919

(5) Insureds shall not be required to pay for any part of the	76920
cost of the review. The cost of the review shall be borne by the	76921
insurer.	76922

(6) The insurer shall provide to the independent review	76923
organization arranging for the experts' review a copy of those	76924
records in the insurer's possession that are relevant to the	76925
insured's medical condition and the review. The records shall be	76926
disclosed solely to the expert reviewers and shall be used solely	76927
for the purpose of this section. At the request of the expert	76928
reviewers, the insurer or the physician requesting the therapy	76929
shall provide any additional information that the expert reviewers	76930
request to complete the review. An expert reviewer is not required	76931
to render an opinion if the reviewer has not received any	76932
requested information that the reviewer considers necessary to	76933
complete the review.	76934

(7)(a) In the case of an expedited review, the independent	76935
review organization shall issue a written decision not later than	76936
seven days after the filing of the request for review. In all	76937
other cases, the independent review organization shall issue a	76938
written decision not later than thirty days after the filing of	76939
the request. The independent review organization shall send a copy	76940
of its decision to the insurer and the insured. If the insured's	76941
provider or the health care facility rendering health care	76942
services to the insured requested the review, the independent	76943
review organization shall also send a copy of its decision to the	76944
insured's provider or the health care facility.	76945

(b) In conducting the review, the experts on the panel shall	76946
take into account all of the following:	76947

(i) Information submitted by the insurer, the insured, and	76948
the insured's physician, including the insured's medical records	76949
and the standards, criteria, and clinical rationale used by the	76950
insurer to reach its coverage decision;	76951

(ii) Findings, studies, research, and other relevant	76952
documents of government agencies and nationally recognized	76953
organizations;	76954

(iii) Relevant findings in peer-reviewed medical or	76955
scientific literature and published opinions of nationally	76956
recognized medical experts;	76957

(iv) Clinical guidelines adopted by relevant national medical	76958
societies;	76959

(v) Safety, efficacy, appropriateness, and cost	76960
effectiveness.	76961

(8) Each expert on the panel shall provide the independent	76962
review organization with a professional opinion as to whether	76963
there is sufficient evidence to demonstrate that the recommended	76964
or requested therapy is likely to be more beneficial to the	76965
insured than standard therapies.	76966

(9) Each expert's opinion shall be presented in written form	76967
and shall include the following information:	76968

(a) A description of the insured's condition;

76969

(b) A description of the indicators relevant to determining	76970
whether there is sufficient evidence to demonstrate that the	76971
recommended or requested therapy is more likely than not to be	76972
more beneficial to the insured than standard therapies;	76973

(c) A description and analysis of any relevant findings	76974
published in peer-reviewed medical or scientific literature or the	76975
published opinions of medical experts or specialty societies;	76976

(d) A description of the insured's suitability to receive the	76977
recommended or requested therapy according to a treatment protocol	76978
in a clinical trial, if applicable.	76979

(10) The independent review organization shall provide the	76980
insurer with the opinions of the experts. The insurer shall make	76981
the experts' opinions available to the insured and the insured's	76982
physician, upon request.	76983

(11) The opinion of the majority of the experts on the panel,	76984
rendered pursuant to division (C)(8) of this section, is binding	76985
on the insurer with respect to that insured. If the opinions of	76986
the experts on the panel are evenly divided as to whether the	76987
therapy should be covered, the insurer's final decision shall be	76988
in favor of coverage. If less than a majority of the experts on	76989
the panel recommend coverage of the therapy, the insurer may, in	76990
its discretion, cover the therapy. However, any coverage provided	76991
pursuant to division (C)(11) of this section is subject to the	76992
terms, limitations, and conditions of the insured's policy or	76993
certificate with the insurer.	76994

(12) The insurer shall have written policies describing the	76995
external, independent review process.	76996

(D) If an insurer's initial denial of coverage for a therapy	76997
recommended or requested pursuant to division (A)(3) of this	76998
section is based upon an external, independent review of that	76999
therapy meeting the requirements of division (C) of this section,	77000
this section shall not be a basis for requiring a second external,	77001
independent review of the recommended or requested therapy.	77002

(E) At any time during the external, independent review	77003
process, the insurer may elect to cover the recommended or	77004
requested health care service and terminate the review. The	77005
insurer shall notify the insured and all other parties involved by	77006
mail or, with consent or approval of the insured, by electronic	77007
means.	77008

(F) The insurer shall annually file a certificate with the	77009
superintendent of insurance certifying its compliance with the	77010
requirements of this section.	77011

Sec. 3923.75. (A) As used in sections 3923.75 to 3923.79 of	77012
the Revised Code:	77013

(1) "Clinical peer" and "physician" have the same meanings as	77014
in section 1751.77 of the Revised Code.	77015

(2) "Authorized person" means a parent, guardian, or other	77016
person authorized to act on behalf of a plan member with respect	77017
to health care decisions.	77018

(B) Sections 3923.75 to 3923.79 of the Revised Code do not	77019
apply to any public employee benefit plan covering only accident,	77020
credit, dental, disability income, long-term care, hospital	77021
indemnity, medicare supplement, medicare, tricare, specified	77022
disease, or vision care; coverage issued as a supplement to	77023
liability insurance; insurance arising out of workers'	77024
compensation or similar law; automobile medical payment insurance;	77025
or insurance under which benefits are payable with or without	77026
regard to fault and which is statutorily required to be contained	77027
in any liability insurance policy or equivalent self-insurance.	77028

(C) The superintendent of insurance shall establish and	77029
maintain a system for receiving and reviewing requests for review	77030
from plan members who have been denied coverage of a health care	77031
service on the grounds that the service is not a service covered	77032
under the terms of the public employee benefit plan.	77033

On receipt of a written request from a plan member or	77034
authorized person, the superintendent shall consider whether the	77035
health care service is a service covered under the terms of the	77036
plan, except that the superintendent shall not conduct a review	77037
under this section unless the plan member has exhausted the plan's	77038
internal review process. The plan and the plan member or	77039
authorized person shall provide the superintendent with any	77040
information required by the superintendent that is in their	77041
possession and is germane to the review.	77042

Unless the superintendent is not able to do so because making	77043
the determination requires resolution of a medical issue, the	77044
superintendent shall determine whether the health care service at	77045
issue is a service covered under the terms of the plan. The	77046
superintendent shall notify the plan member, or authorized person,	77047
and the plan of its determination or that it is not able to make a	77048
determination because the determination requires the resolution of	77049
a medical issue.	77050

If the superintendent notifies the plan that making the	77051
determination requires the resolution of a medical issue, the plan	77052
shall ~~afford the plan member~~initiate an ~~opportunity for~~ external	77053
review under section 3923.76 or 3923.77 of the Revised Code. If	77054
the superintendent notifies the plan that the health care service	77055
is not a covered service, the plan is not required to cover the	77056
service or afford the plan member an external review.	77057

Sec. 3923.76. (A) Except as provided in divisions (B) and	77058
(C) of this section, a public employee benefit plan shall afford a	77059
plan member an opportunity for an external review of a coverage	77060
denial when requested by the plan member or authorized person, if	77061
both of the following are the case:	77062

(1) The plan has denied, reduced, or terminated coverage for	77063
what would be a covered health care service except that the plan	77064
has determined that the health care service is not medically	77065
necessary.	77066

(2) Except in the case of expedited review, the proposed	77067
service, plus any ancillary services and follow-up care, will cost	77068
the plan member more than five hundred dollars if the proposed	77069
service is not covered by the plan.	77070

External review shall be conducted in accordance with this	77071
section, except that if a plan member with a terminal condition	77072
meets all of the criteria of division (A) of section 3923.77 of	77073
the Revised Code, an external review shall be conducted under that	77074
section.	77075

(B) A plan member need not be afforded a review under this	77076
section in any of the following circumstances:	77077

(1) The superintendent of insurance has determined under	77078
section 3923.75 of the Revised Code that the health care service	77079
is not a service covered under the terms of the plan.	77080

(2) The plan member has failed to exhaust the plan's internal	77081
review process.	77082

(3) The plan member has previously been afforded an external	77083
review for the same denial of coverage, and no new clinical	77084
information has been submitted to the plan.	77085

(C)(1) A plan may deny a request from a plan member for an	77086
external review of an adverse decision from the plan's internal	77087
appeal process if it is requested later than ~~sixty~~one hundred	77088
eighty days after receipt by the plan member of notice from the	77089
~~superintendent of insurance under section 3923.75 of the Revised~~	77090
~~Code that making the determination requires the resolution of a~~	77091
~~medical issue~~plan of the adverse decision. An external review may	77092
be requested by the plan member, an authorized person, the plan	77093
member's provider, or a health care facility rendering health care	77094
service to the plan member. The plan member may request a review	77095
without the approval of the provider or the health care facility	77096
rendering the health care service. The provider or health care	77097
facility may not request a review without the prior consent of the	77098
plan member.	77099

(2) An external review must be requested in writing, except	77100
that if the plan member has a condition that requires expedited	77101
review, the review may be requested orally or by electronic means.	77102
When an oral or electronic request for review is made, written	77103
confirmation of the request must be submitted to the plan not	77104
later than five days after the request is made.	77105

Except in the case of an expedited review, a request for an	77106
external review must be accompanied by written certification from	77107
the plan member's provider or the health care facility rendering	77108
the health care service to the plan member that the proposed	77109
service, plus any ancillary services and follow-up care, will cost	77110
the plan member more than five hundred dollars if the proposed	77111
service is not covered by the plan.	77112

(3) For an expedited review, the plan member's provider must	77113
certify that the plan member's condition could, in the absence of	77114
immediate medical attention, result in any of the following:	77115

(a) Placing the health of the plan member or, with respect to	77116
a pregnant woman, the health of the plan member or the unborn	77117
child, in serious jeopardy;	77118

(b) Serious impairment to bodily functions;

77119

77120

(D) The procedures used in conducting an external review	77121
shall include all of the following:	77122

(1) The review shall be conducted by an independent review	77123
organization assigned by the superintendent of insurance under	77124
section 3901.80 of the Revised Code.	77125

(2) Except as provided in divisions (D)(3) and (4) of this	77126
section, neither the clinical peer nor any health care facility	77127
with which the clinical peer is affiliated shall have any	77128
professional, familial, or financial affiliation with any of the	77129
following:	77130

(a) The plan or any officer, director, or managerial employee	77131
of the plan;	77132

(b) The plan member, the plan member's provider, or the	77133
practice group of the plan member's provider;	77134

(c) The health care facility at which the health care service	77135
requested by the plan member would be provided:;	77136

(d) The development or manufacture of the principal drug,	77137
device, procedure, or therapy proposed for the plan member.	77138

(3) Division (D)(2) of this section does not prohibit a	77139
clinical peer from conducting a review under any of the following	77140
circumstances:	77141

(a) The clinical peer is affiliated with an academic medical	77142
center that provides health care services to members of the plan.	77143

(b) The clinical peer has staff privileges at a health care	77144
facility that provides health care services to members of the	77145
plan.	77146

(c) The clinical peer has a contractual relationship with the	77147
plan but was not involved with the plan's coverage decision.	77148

(4) Division (D)(2) of this section does not prohibit the	77149
plan from paying the independent review organization for the	77150
conduct of the review.	77151

(5) A plan member shall not be required to pay for any part	77152
of the cost of the review. The cost of the review shall be borne	77153
by the plan.	77154

(6)(a) The plan shall provide to the independent review	77155
organization conducting the review a copy of those records in its	77156
possession that are relevant to the plan member's medical	77157
condition and the review.	77158

Records shall be used solely for the purpose of this	77159
division. At the request of the independent review organization,	77160
the plan, plan member, provider, or health care facility rendering	77161
health care services to the plan member shall provide any	77162
additional information the independent review organization	77163
requests to complete the review. A request for additional	77164
information may be made in writing, orally, or by electronic	77165
means. The independent review organization shall submit the	77166
request to the plan member and the plan. If a request is submitted	77167
orally or by electronic means to a plan member or plan, not later	77168
than five days after the request is submitted, the independent	77169
review organization shall provide written confirmation of the	77170
request. If the review was initiated by a provider or health care	77171
facility, a copy of the request shall be submitted to the provider	77172
or health care facility.	77173

(b) An independent review organization is not required to	77174
make a decision if it has not received any requested information	77175
that it considers necessary to complete a review. An independent	77176
review organization that does not make a decision for this reason	77177
shall notify the plan member and the plan that a decision is not	77178
being made. The notice may be made in writing, orally, or by	77179
electronic means. An oral or electronic notice shall be confirmed	77180
in writing not later than five days after the oral or electronic	77181
notice is made. If the review was initiated by a provider or	77182
health care facility, a copy of the notice shall be submitted to	77183
the provider or health care facility.	77184

(7) The plan may elect to cover the service requested and	77185
terminate the review. The plan shall notify the plan member and	77186
all other parties involved with the decision by mail, or with the	77187
consent or approval of the plan member, by electronic means.	77188

(8) In making its decision, an independent review	77189
organization conducting the review shall take into account all of	77190
the following:	77191

(a) Information submitted by the plan, the plan member, the	77192
plan member's provider, and the health care facility rendering the	77193
health care service, including the following:	77194

(i) The plan member's medical records;

77195

(ii) The standards, criteria, and clinical rationale used by	77196
the plan to make its decision.	77197

(b) Findings, studies, research, and other relevant documents	77198
of government agencies and nationally recognized organizations,	77199
including the national institutes of health or any board	77200
recognized by the national institutes of health, the national	77201
cancer institute, the national academy of sciences, the United	77202
States food and drug administration, the health care financing	77203
administration of the United States department of health and human	77204
services, and the agency for health care policy and research;	77205

(c) Relevant findings in peer-reviewed medical or scientific	77206
literature, published opinions of nationally recognized medical	77207
experts, and clinical guidelines adopted by relevant national	77208
medical societies.	77209

(9)(a) In the case of an expedited review, the independent	77210
review organization shall issue a written decision not later than	77211
seven days after the filing of the request for review. In all	77212
other cases, the independent review organization shall issue a	77213
written decision not later than thirty days after the filing of	77214
the request. The independent review organization shall send a copy	77215
of its decision to the plan and the plan member. If the plan	77216
member's provider or the health care facility rendering health	77217
care services to the plan member requested the review, the	77218
independent review organization shall also send a copy of its	77219
decision to the plan member's provider or the health care	77220
facility.	77221

(b) The independent review organization's decision shall	77222
include a description of the plan member's condition and the	77223
principal reasons for the decision and an explanation of the	77224
clinical rationale for the decision.	77225

(E) The independent review organization shall base its	77226
decision on the information submitted under division (D)(8) of	77227
this section. In making its decision, the independent review	77228
organization shall consider safety, efficacy, appropriateness, and	77229
cost-effectiveness.	77230

(F) The plan shall provide any coverage determined by the	77231
independent review organization's decision to be medically	77232
necessary, subject to the other terms, limitations, and conditions	77233
of the plan.	77234

Sec. 3923.77. (A) Each public employee benefit plan shall	77235
establish a reasonable external review process to examine the	77236
plan's coverage decisions for plan members who meet all of the	77237
following criteria:	77238

(1) The plan member has a terminal condition that, according	77239
to the current diagnosis of the plan member's physician, has a	77240
high probability of causing death within two years.	77241

(2) The plan member requests a review not later than ~~sixty~~	77242
one hundred eighty days after receipt by the plan member of	77243
notice from the ~~superintendent of insurance under section 3923.75~~	77244
~~of the Revised Code that making a determination requires~~	77245
~~resolution of a medical issue~~plan of the adverse decision.	77246

(3) The plan member's physician certifies that the plan	77247
member has the condition described in division (A)(1) of this	77248
section and any of the following situations are applicable:	77249

(a) Standard therapies have not been effective in improving	77250
the condition of the plan member.	77251

(b) Standard therapies are not medically appropriate for the	77252
plan member.	77253

(c) There is no standard therapy covered by the plan that is	77254
more beneficial than therapy described in division (A)(4) of this	77255
section.	77256

(4) The plan member's physician has recommended a drug,	77257
device, procedure, or other therapy that the physician certifies,	77258
in writing, is likely to be more beneficial to the plan member, in	77259
the physician's opinion, than standard therapies, or the plan	77260
member has requested a therapy that has been found in a	77261
preponderance of peer-reviewed published studies to be associated	77262
with effective clinical outcomes for the same condition.	77263

(5) The plan member has been denied coverage by the plan for	77264
a drug, device, procedure, or other therapy recommended or	77265
requested pursuant to division (A)(4) of this section, and has	77266
exhausted all internal appeals.	77267

(6) The drug, device, procedure, or other therapy, for which	77268
coverage has been denied, would be a covered health care service	77269
except for the plan's determination that the drug, device,	77270
procedure, or other therapy is experimental or investigational.	77271

(B) A review shall be requested in writing, except that if	77272
the plan member's physician determines that a therapy would be	77273
significantly less effective if not promptly initiated, the review	77274
may be requested orally or by electronic means. When an oral or	77275
electronic request for review is made, written confirmation of the	77276
request shall be submitted to the plan not later than five days	77277
after the oral or written request is submitted. For an expedited	77278
review, the plan member's provider must certify that the requested	77279
or recommended therapy would be significantly less effective if	77280
not promptly initiated.	77281

(C) The external review process established by a plan shall	77282
meet all of the following criteria:	77283

(1) Except as provided in division (E) of this section, the	77284
process shall afford all plan members who meet the criteria set	77285
forth in division (A) of this section the opportunity to have the	77286
plan's decision to deny coverage of the recommended or requested	77287
therapy reviewed under the process. Each eligible plan member	77288
shall be notified of that opportunity within thirty business days	77289
after the plan denies coverage.	77290

(2) The review shall be conducted by an independent review	77291
organization assigned by the superintendent of insurance under	77292
section 3901.80 of the Revised Code. The independent review	77293
organization shall select a panel to conduct the review, which	77294
panel shall be composed of at least three physicians or other	77295
providers who, through clinical experience in the past three	77296
years, are experts in the treatment of the plan member's medical	77297
condition and knowledgeable about the recommended or requested	77298
therapy. If the independent review organization retained by the	77299
plan is an academic medical center, the panel may include experts	77300
affiliated with or employed by the academic medical center.	77301

In either of the following circumstances, an exception may be	77302
made to the requirement that the review be conducted by an expert	77303
panel composed of a minimum of three physicians or other	77304
providers:	77305

(a) A review may be conducted by an expert panel composed of	77306
only two physicians or other providers if a plan member has	77307
consented in writing to a review by the smaller panel.	77308

(b) A review may be conducted by a single expert physician or	77309
other provider if only the expert physician or other provider is	77310
available for the review.	77311

(3) Neither the plan nor the plan member shall choose, or	77312
control the choice of, the physician or other provider experts.	77313

(4) The selected experts, any health care facility with which	77314
an expert is affiliated, and the independent review organization	77315
arranging for the experts' review shall not have any professional,	77316
familial, or financial affiliation with any of the following:	77317

(a) The plan or any officer, director, or managerial employee	77318
of the plan;	77319

(b) The plan member, the plan member's physician, or the	77320
practice group of the plan member's physician;	77321

(c) The health care facility at which the recommended or	77322
requested therapy would be provided;	77323

(d) The development or manufacture of the principal drug,	77324
device, procedure, or therapy involved in the recommended or	77325
requested therapy. However, experts affiliated with academic	77326
medical centers who provide health care services to members of the	77327
plan may serve as experts on the review panel. Further, experts	77328
with staff privileges at a health care facility that provides	77329
health care services to members of the plan, as well as experts	77330
who have a contractual relationship with the plan, but who were	77331
not involved with the plan's denial of coverage for the therapy	77332
under review, may serve as experts on the review panel. These	77333
nonaffiliation provisions do not preclude a plan from paying for	77334
the experts' review, as specified in division (C)(5) of this	77335
section.	77336

(5) Plan members shall not be required to pay for any part of	77337
the cost of the review. The cost of the review shall be borne by	77338
the plan.	77339

(6) The plan shall provide to the independent review	77340
organization arranging for the experts' review a copy of those	77341
records in the plan's possession that are relevant to the plan	77342
member's medical condition and the review. The records shall be	77343
disclosed solely to the expert reviewers and shall be used solely	77344
for the purpose of this section. At the request of the expert	77345
reviewers, the plan or the physician requesting the therapy shall	77346
provide any additional information that the expert reviewers	77347
request to complete the review. An expert reviewer is not required	77348
to render an opinion if the reviewer has not received any	77349
requested information that the reviewer considers necessary to	77350
complete the review.	77351

(7)(a) In the case of an expedited review, the independent	77352
review organization shall issue a written decision not later than	77353
seven days after the filing of the request for review. In all	77354
other cases, the independent review organization shall issue a	77355
written decision not later than thirty days after the filing of	77356
the request. The independent review organization shall send a copy	77357
of its decision to the plan and the plan member. If the plan	77358
member's provider or the health care facility rendering health	77359
care services to the plan member requested the review, the	77360
independent review organization shall also send a copy of its	77361
decision to the plan member's provider or the health care	77362
facility.	77363

(b) In conducting the review, the experts on the panel shall	77364
take into account all of the following:	77365

(i) Information submitted by the plan, the plan member, and	77366
the plan member's physician, including the plan member's medical	77367
records and the standards, criteria, and clinical rationale used	77368
by the plan to reach its coverage decision;	77369

(ii) Findings, studies, research, and other relevant	77370
documents of government agencies and nationally recognized	77371
organizations;	77372

(iii) Relevant findings in peer-reviewed medical or	77373
scientific literature and published opinions of nationally	77374
recognized medical experts;	77375

(iv) Clinical guidelines adopted by relevant national medical	77376
societies;	77377

(v) Safety, efficacy, appropriateness, and	77378
cost-effectiveness.	77379

(8) Each expert on the panel shall provide the independent	77380
review organization with a professional opinion as to whether	77381
there is sufficient evidence to demonstrate that the recommended	77382
or requested therapy is likely to be more beneficial to the plan	77383
member than standard therapies.	77384

(9) Each expert's opinion shall be presented in written form	77385
and shall include the following information:	77386

(a) A description of the plan member's condition;

77387

(b) A description of the indicators relevant to determining	77388
whether there is sufficient evidence to demonstrate that the	77389
recommended or requested therapy is more likely than not to be	77390
more beneficial to the plan member than standard therapies;	77391

(c) A description and analysis of any relevant findings	77392
published in peer-reviewed medical or scientific literature or the	77393
published opinions of medical experts or specialty societies;	77394

(d) A description of the plan member's suitability to receive	77395
the recommended or requested therapy according to a treatment	77396
protocol in a clinical trial, if applicable.	77397

(10) The independent review organization shall provide the	77398
plan with the opinions of the experts. The plan shall make the	77399
experts' opinions available to the plan member and the plan	77400
member's physician, upon request.	77401

(11) The opinion of the majority of the experts on the panel,	77402
rendered pursuant to division (C)(8) of this section, is binding	77403
on the plan with respect to that plan member. If the opinions of	77404
the experts on the panel are evenly divided as to whether the	77405
therapy should be covered, the plan's final decision shall be in	77406
favor of coverage. If less than a majority of the experts on the	77407
panel recommend coverage of the therapy, the plan may, in its	77408
discretion, cover the therapy. However, any coverage provided	77409
pursuant to division (C)(11) of this section is subject to the	77410
terms, limitations, and conditions of the plan.	77411

(12) The plan shall have written policies describing the	77412
external review process.	77413

(D) If a plan's initial denial of coverage for a therapy	77414
recommended or requested pursuant to division (A)(3) of this	77415
section is based upon an external review of that therapy meeting	77416
the requirements of division (C) of this section, this section	77417
shall not be a basis for requiring a second external review of the	77418
recommended or requested therapy.	77419

(E) At any time during the external review process, the plan	77420
may elect to cover the recommended or requested health care	77421
service and terminate the review. The plan shall notify the plan	77422
member and all other parties involved by mail or, with consent or	77423
approval of the plan member, by electronic means.	77424

(F) The plan shall annually file a certificate with the	77425
superintendent of insurance certifying its compliance with the	77426
requirements of this section.	77427

Sec. 3923.84. (A) Notwithstanding section 3901.71 of the	77428
Revised Code, no individual or group policy of sickness and	77429
accident insurance that is delivered, issued for delivery, or	77430
renewed in this state or public employee benefit plan established	77431
or modified in this state shall exclude coverage for the screening	77432
and diagnosis of autism spectrum disorders or for any of the	77433
following services when those services are medically necessary	77434
and are prescribed, provided, or ordered for an individual	77435
diagnosed with an autism spectrum disorder by a health care	77436
professional licensed or certified under the laws of this state to	77437
prescribe, provide, or order such services:	77438

(1) Habilitative or rehabilitative care;

77439

(2) Pharmacy care if the policy, contract, or agreement	77440
provides coverage for other prescription drug services;	77441

(3) Psychiatric care;

77442

(4) Psychological care;

77443

(5) Therapeutic care;

77444

(6) Counseling services;

77445

(7) Any additional treatments or therapies adopted by the	77446
director of mental retardation and developmental disabilities	77447
pursuant to division (I)(4) of this section.	77448

(B) Coverage provided under this section shall be delineated	77449
in a treatment plan developed by the attending psychologist or	77450
physician and shall not be subject to any limits on the number or	77451
duration of visits an individual may make to any autism services	77452
provider, except as indicated in the treatment plan, if the	77453
services are medically necessary.	77454

(C) Coverage provided under this section may be subject to	77455
any copayment, deductible, and coinsurance provisions of the	77456
policy or plan to the extent that other medical services covered	77457
by the policy or plan are subject to those provisions. Coverage	77458
provided under this section may be subject to a yearly maximum	77459
limitation of thirty-six thousand dollars on claims paid for	77460
services related to coverage provided under this section.	77461

(D)(1) Not more than once every six months, an insurer may	77462
request a review of any treatment provided under this section	77463
unless the insured's licensed physician or licensed psychologist	77464
agrees that more frequent review is necessary. The insurer shall	77465
pay for any review requested under this division.	77466

(2) If requested by the insurer, the provider shall provide	77467
the insurer with an annual treatment plan.	77468

(3) Inpatient services are not subject to the six-month	77469
review limitation under division (D)(1) of this section.	77470

(E) This section shall not be construed as limiting benefits	77471
otherwise available under an individual's policy or plan.	77472

(F) This section shall not be construed as affecting any	77473
obligation to provide services to an individual under an	77474
individualized family service plan developed under 20 U.S.C. 1436	77475
or individualized service plan developed under section 5126.31 of	77476
the Revised Code, or affecting the duty of a public school to	77477
provide a child with a disability with a free appropriate public	77478
education under the "Individuals with Disabilities Education	77479
Improvement Act of 2004," 20 U.S.C. 1400 et seq., as amended, and	77480
Chapter 3323. of the Revised Code.	77481

(G) This section does not apply to the offer or renewal of	77482
any individual or group policy of sickness and accident insurance	77483
that provides coverage for specific diseases or accidents only, or	77484
to any hospital indemnity, medicare supplement, medicare, tricare,	77485
long-term care, disability income, one-time limited duration	77486
policy of not longer than six months, or other policy that offers	77487
only supplemental benefits.	77488

(H) A public employee benefit plan or insurer that offers a	77489
policy of sickness and accident insurance is not required to	77490
offer the coverage required under division (A) of this section	77491
if all of the following apply:	77492

(1) The insurer or public employee benefit plan submits	77493
documentation certified by an independent member of the American	77494
academy of actuaries to the superintendent of insurance showing	77495
that incurred claims for the coverage required under division (A)	77496
of this section for a period of at least six months independently	77497
caused the costs for claims and administrative expenses for the	77498
coverage of all covered services to increase by more than one per	77499
cent per year.	77500

(2) The insurer or public employee benefit plan submits a	77501
signed letter from an independent member of the American academy	77502
of actuaries to the superintendent of insurance opining that the	77503
increase in costs described in division (D)(1) of this section	77504
could reasonably justify an increase of more than one per cent in	77505
the annual premiums or rates charged by the insurer or public	77506
employee benefit plan for the coverage of all covered services.	77507

(3) The superintendent of insurance makes the following	77508
determinations from the documentation and opinion submitted	77509
pursuant to divisions (D)(1) and (2) of this section:	77510

(a) Incurred claims for the coverage required under division	77511
(A) of this section for a period of at least six months	77512
independently caused the costs for claims and administrative	77513
expenses for the coverage of all covered services to increase by	77514
more than one per cent per year.	77515

(b) The increase in costs reasonably justifies an increase of	77516
more than one per cent in the annual premiums or rates charged by	77517
the insurer or public employee benefit plan for the coverage of	77518
all covered services.	77519

Any determination made by the superintendent under this	77520
division is subject to Chapter 119. of the Revised Code.	77521

(I)(1) The director of mental retardation and developmental	77522
disabilities shall convene a committee on the coverage of autism	77523
spectrum disorders to investigate and recommend treatments or	77524
therapies for autism spectrum disorders that the committee	77525
believes should be included in the services that health benefit	77526
plans and public employee benefit plans are required to cover	77527
under division (A) of this section and the qualifications of the	77528
providers of those treatments or therapies.	77529

(2) The committee shall consist of nine members appointed by	77530
the director of mental retardation and developmental disabilities	77531
including the director of mental retardation and developmental	77532
disabilities, the director of health, at least one licensed	77533
physician, licensed psychologist, and parent of an individual	77534
diagnosed with an autism spectrum disorder.	77535

(3) The committee shall serve at the pleasure of the	77536
director.	77537

(4) The committee shall submit its recommendations to the	77538
director of mental retardation and developmental disabilities. The	77539
director may adopt rules in accordance with Chapter 119. of the	77540
Revised Code to include additional treatments or therapies for	77541
autism spectrum disorders in the services that health benefit	77542
plans and public employee benefit plans are required to cover	77543
under division (A) of this section.	77544

(J) As used in this section:

77545

(1) "Applied behavior analysis" means the design,	77546
implementation, and evaluation of environmental modifications	77547
using behavioral stimuli and consequences to produce socially	77548
significant improvement in human behavior, including, but not	77549
limited to, the use of direct observation, measurement, and	77550
functional analysis of the relationship between environment and	77551
behavior.	77552

(2) "Autism services provider" means any person whose	77553
professional scope of practice allows treatment of autism spectrum	77554
disorders, whose services are delineated in the treatment plan	77555
under division (B) of this section, and of whom one of the	77556
following is true:	77557

(a) The person is licensed, certified, or registered by an	77558
appropriate agency of this state to perform the services assigned	77559
to the person in the treatment plan.	77560

(b) The person is directly supervised by an individual who is	77561
licensed, certified, or registered by an appropriate agency of	77562
this state to perform the services assigned to the person in the	77563
treatment plan.	77564

(3) "Autism spectrum disorder" means any of the pervasive	77565
developmental disorders as defined by the most recent edition of	77566
the diagnostic and statistical manual of mental disorders,	77567
published by the American psychiatric association, or if that	77568
manual is no longer published, a similar diagnostic manual. Autism	77569
spectrum disorders includes, but is not limited to, autistic	77570
disorder, Asperger's disorder, Rett's disorder, childhood	77571
disintegrative disorder, and pervasive developmental disorder.	77572

(4) "Diagnosis of autism spectrum disorders" means medically	77573
necessary assessments, evaluations, or tests, including but not	77574
limited to genetic and psychological tests to determine whether an	77575
individual has an autism spectrum disorder.	77576

(5) "Habilitative or rehabilitative care" means professional,	77577
counseling, and guidance services and treatment programs,	77578
including applied behavior analysis, that are necessary to	77579
develop, maintain, or restore the functioning of an individual to	77580
the maximum extent practicable.	77581

(6) "Health benefit plan" has the same meaning as in section	77582
3924.01 of the Revised Code.	77583

(7) "Medically necessary" means the service is based upon	77584
evidence; is prescribed, provided, or ordered by a health care	77585
professional licensed or certified under the laws of this state to	77586
prescribe, provide, or order autism-related services in accordance	77587
with accepted standards of practice; and will or is reasonably	77588
expected to do any of the following:	77589

(a) Prevent the onset of an illness, condition, injury, or	77590
disability;	77591

(b) Reduce or ameliorate the physical, mental or	77592
developmental effects of an illness, condition, injury, or	77593
disability;	77594

(c) Assist in achieving or maintaining maximum functional	77595
capacity for performing daily activities, taking into account both	77596
the functional capacity of the individual and the appropriate	77597
functional capacities of individuals of the same age.	77598

(8) "Pharmacy care" means prescribed medications and any	77599
medically necessary health-related services used to determine the	77600
need or effectiveness of the medications.	77601

(9) "Psychiatric care" means direct or consultative services	77602
provided by a psychiatrist licensed in the state in which the	77603
psychiatrist practices psychiatry.	77604

(10) "Psychological care" means direct or consultative	77605
services provided by a psychologist licensed in the state in which	77606
the psychologist practices psychology.	77607

(11) "Therapeutic care" means services, communication	77608
devices, or other adaptive devices or equipment provided by a	77609
licensed speech-language pathologist, licensed occupational	77610
therapist, or licensed physical therapist.	77611

Sec. 3923.90. (A) There is hereby created the health care	77612
coverage and quality council to advise the governor, general	77613
assembly, entities in the public and private sectors, and	77614
consumers on strategies to expand affordable health insurance	77615
coverage to more individuals and to improve the cost and quality	77616
of the state's health insurance system and health care system.	77617

(B) The council shall consist of the following members:

77618

(1) The superintendent of insurance or the superintendent's	77619
designee;	77620

(2) The director of the executive medicaid management	77621
administration;	77622

(3) The director of medicaid;

77623

(4) The director of health;

77624

(5) The benefits administrator of the office of benefits	77625
administration within the department of administrative services;	77626

(6) Two members of the house of representatives, one member	77627
appointed by the speaker of the house of representatives and one	77628
member appointed by the minority leader of the house of	77629
representatives;	77630

(7) Two members of the senate, one member appointed by the	77631
president of the senate and one member appointed by the minority	77632
leader of the senate;	77633

(8) The following members appointed by the governor:

77634

(a) Two representatives of consumers of health care services;

77635

(b) Two representatives of employers that provide health care	77636
coverage to their employees;	77637

(c) Two representatives of medical facilities, at least one	77638
of whom is a representative of a research and academic medical	77639
center;	77640

(d) Two individuals authorized under Chapter 4731. of the	77641
Revised Code to practice medicine and surgery or osteopathic	77642
medicine and surgery;	77643

(e) Two individuals or representatives of individuals	77644
authorized to practice any of the following:	77645

(i) Dentistry under Chapter 4715. of the Revised Code;

77646

(ii) Optometry under Chapter 4725. of the Revised Code;

77647

(iii) Podiatry under Chapter 4731. of the Revised Code;

77648

(iv) Chiropractic under Chapter 4734. of the Revised Code.

77649

(f) Two representatives of companies authorized under Chapter	77650
3923. of the Revised Code to do the business of sickness and	77651
accident insurance in this state or of health insuring	77652
corporations holding certificates of authority under Chapter 1751.	77653
of the Revised Code;	77654

(g) Two representatives of organized labor;

77655

(h) One representative of a nonprofit organization	77656
experienced in health care data collection and analysis;	77657

(i) One individual with expertise in health information	77658
technology and exchange;	77659

(j) One representative of a state retirement system;

77660

(k) One public health professional.

77661

(9) Other members appointed by the superintendent of	77662
insurance.	77663

(C) Not later than thirty days after the effective date of	77664
this section, initial appointments shall be made to the council.	77665
The initial legislative members shall be appointed for terms	77666
ending three years from the date of appointment. The initial	77667
members appointed by the governor and the superintendent of	77668
insurance shall serve staggered terms of one, two, or three years,	77669
as selected by the governor or superintendent when making their	77670
respective appointments. Thereafter, terms of office for all	77671
appointed members shall be three years, with each term ending on	77672
the same day of the same month as the term it succeeds. Each	77673
member shall hold office from the date of appointment until the	77674
end of the term for which the member was appointed, except that a	77675
legislative member ceases to be a member of the council on	77676
ceasing to be a member of the general assembly. Members may be	77677
reappointed.	77678

Vacancies shall be filled in the same manner as original	77679
appointments. Any member appointed to fill a vacancy occurring	77680
prior to the expiration of the term for which the member's	77681
predecessor was appointed shall hold office for the remainder of	77682
that term. A member shall continue in office subsequent to the	77683
expiration date of the member's term until the member's successor	77684
takes office or until a period of sixty days has elapsed,	77685
whichever occurs first.	77686

(D) The superintendent or the superintendent's designee shall	77687
serve as chairperson of the council. The council shall meet at the	77688
call of the chair. A majority of the members of the council	77689
constitutes a quorum.	77690

(E) Members shall serve without compensation, but may be	77691
reimbursed for mileage and actual and necessary expenses incurred	77692
in the performance of their official duties.	77693

(F) The superintendent may provide staff and other	77694
administrative support for the council to carry out its duties. In	77695
making staffing decisions, the superintendent may consider any	77696
recommendations made by the council.	77697

(G) Sections 101.82 to 101.87 of the Revised Code do not	77698
apply to the health care coverage and quality council.	77699

Sec. 3923.91. (A) The health care coverage and quality	77700
council shall do all of the following:	77701

(1) Advise the governor and general assembly on strategies to	77702
improve health care programs and health insurance policies and	77703
benefit plans;	77704

(2) Monitor and evaluate implementation of strategies for	77705
improving access to health insurance coverage and improving the	77706
quality of the state's health care system, identify barriers to	77707
implementing those strategies, and identify methods for overcoming	77708
the barriers;	77709

(3) Catalog existing health care data reporting efforts and	77710
make recommendations to improve data reporting in a manner that	77711
increases transparency and consistency in the health care and	77712
insurance coverage systems;	77713

(4) Study health care financing alternatives that will	77714
increase access to health insurance coverage, promote disease	77715
prevention and injury prevention, contain costs, and improve	77716
quality;	77717

(5) Evaluate the systems that individuals use to obtain or	77718
otherwise become connected with health insurance and recommend	77719
improvements to those systems or the use of alternative systems;	77720

(6) Recommend minimum coverage standards for basic and	77721
standard health insurance plans offered by insurance carriers;	77722

(7) Recommend strategies, such as subsidies, to assist	77723
individuals in being able to afford health insurance coverage;	77724

(8) Recommend strategies to implement health information	77725
technology to support improved access and quality and reduced	77726
costs in the state's health care system;	77727

(9) Develop programs to assist employers in adopting	77728
cafeteria plans meeting the requirements of federal law;	77729

(10) Perform any other duties specified in rules adopted by	77730
the superintendent of insurance.	77731

(B) The council shall prepare and issue an annual report,	77732
which may include recommendations, on or before the thirty-first	77733
day of December of each year. The council may prepare and issue	77734
other reports and recommendations at other times that the council	77735
finds appropriate.	77736

(C) The superintendent may adopt rules as necessary for the	77737
council to carry out its duties. The rules shall be adopted under	77738
Chapter 119. of the Revised Code. In adopting the rules, the	77739
superintendent may consider any recommendations made by the	77740
council.	77741

Sec. 3924.01. As used in sections 3924.01 to 3924.14 of the	77742
Revised Code:	77743

(A) "Actuarial certification" means a written statement	77744
prepared by a member of the American academy of actuaries, or by	77745
any other person acceptable to the superintendent of insurance,	77746
that states that, based upon the person's examination, a carrier	77747
offering health benefit plans to small employers is in compliance	77748
with sections 3924.01 to 3924.14 of the Revised Code. "Actuarial	77749
certification" shall include a review of the appropriate records	77750
of, and the actuarial assumptions and methods used by, the carrier	77751
relative to establishing premium rates for the health benefit	77752
plans.	77753

(B) "Adjusted average market premium price" means the average	77754
market premium price as determined by the board of directors of	77755
the Ohio health reinsurance program either on the basis of the	77756
arithmetic mean of all carriers' premium rates for an OHC plan	77757
sold to groups with similar case characteristics by all carriers	77758
selling OHC plans in the state, or on any other equitable basis	77759
determined by the board.	77760

(C) "Base premium rate" means, as to any health benefit plan	77761
that is issued by a carrier and that covers at least two but no	77762
more than fifty employees of a small employer, the lowest premium	77763
rate for a new or existing business prescribed by the carrier for	77764
the same or similar coverage under a plan or arrangement covering	77765
any small employer with similar case characteristics.	77766

(D) "Carrier" means any sickness and accident insurance	77767
company or health insuring corporation authorized to issue health	77768
benefit plans in this state or a MEWA. A sickness and accident	77769
insurance company that owns or operates a health insuring	77770
corporation, either as a separate corporation or as a line of	77771
business, shall be considered as a separate carrier from that	77772
health insuring corporation for purposes of sections 3924.01 to	77773
3924.14 of the Revised Code.	77774

(E) "Case characteristics" means, with respect to a small	77775
employer, the geographic area in which the employees work; the age	77776
and sex of the individual employees and their dependents; the	77777
appropriate industry classification as determined by the carrier;	77778
the number of employees and dependents; and such other objective	77779
criteria as may be established by the carrier. "Case	77780
characteristics" does not include claims experience, health	77781
status, or duration of coverage from the date of issue.	77782

(F) "Dependent" means the spouse or child of an eligible	77783
employee, subject to applicable terms of the health benefits plan	77784
covering the employee.	77785

(G) "Eligible employee" means an employee who works a normal	77786
work week of twenty-five or more hours. "Eligible employee" does	77787
not include a temporary or substitute employee, or a seasonal	77788
employee who works only part of the calendar year on the basis of	77789
natural or suitable times or circumstances.	77790

(H) "Health benefit plan" means any hospital or medical	77791
expense policy or certificate or any health plan provided by a	77792
carrier, that is delivered, issued for delivery, renewed, or used	77793
in this state on or after the date occurring six months after	77794
November 24, 1995. "Health benefit plan" does not include policies	77795
covering only accident, credit, dental, disability income,	77796
long-term care, hospital indemnity, medicare supplement, specified	77797
disease, or vision care; coverage under a	77798
one-time-limited-duration policy of no longer than six months;	77799
coverage issued as a supplement to liability insurance; insurance	77800
arising out of a workers' compensation or similar law; automobile	77801
medical-payment insurance; or insurance under which benefits are	77802
payable with or without regard to fault and which is statutorily	77803
required to be contained in any liability insurance policy or	77804
equivalent self-insurance.	77805

(I) "Late enrollee" means an eligible employee or dependent	77806
who enrolls in a small employer's health benefit plan other than	77807
during the first period in which the employee or dependent is	77808
eligible to enroll under the plan or during a special enrollment	77809
period described in section 2701(f) of the "Health Insurance	77810
Portability and Accountability Act of 1996," Pub. L. No. 104-191,	77811
110 Stat. 1955, 42 U.S.C.A. 300gg, as amended.	77812

(J) "MEWA" means any "multiple employer welfare arrangement"	77813
as defined in section 3 of the "Federal Employee Retirement Income	77814
Security Act of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended,	77815
except for any arrangement which is fully insured as defined in	77816
division (b)(6)(D) of section 514 of that act.	77817

(K) "Midpoint rate" means, for small employers with similar	77818
case characteristics and plan designs and as determined by the	77819
applicable carrier for a rating period, the arithmetic average of	77820
the applicable base premium rate and the corresponding highest	77821
premium rate.	77822

(L) "Pre-existing conditions provision" means a policy	77823
provision that excludes or limits coverage for charges or expenses	77824
incurred during a specified period following the insured's	77825
enrollment date as to a condition for which medical advice,	77826
diagnosis, care, or treatment was recommended or received during a	77827
specified period immediately preceding the enrollment date.	77828
Genetic information shall not be treated as such a condition in	77829
the absence of a diagnosis of the condition related to such	77830
information.	77831

For purposes of this division, "enrollment date" means, with	77832
respect to an individual covered under a group health benefit	77833
plan, the date of enrollment of the individual in the plan or, if	77834
earlier, the first day of the waiting period for such enrollment.	77835

(M) "Service waiting period" means the period of time after	77836
employment begins before an employee is eligible to be covered for	77837
benefits under the terms of any applicable health benefit plan	77838
offered by the small employer.	77839

(N)(1) "Small employer" means, in connection with a group	77840
health benefit plan and with respect to a calendar year and a plan	77841
year, an employer who employed an average of at least two but no	77842
more than fifty eligible employees on business days during the	77843
preceding calendar year and who employs at least two employees on	77844
the first day of the plan year.	77845

(2) For purposes of division (N)(1) of this section, all	77846
persons treated as a single employer under subsection (b), (c),	77847
(m), or (o) of section 414 of the "Internal Revenue Code of 1986,"	77848
100 Stat. 2085, 26 U.S.C.A. 1, as amended, shall be considered one	77849
employer. In the case of an employer that was not in existence	77850
throughout the preceding calendar year, the determination of	77851
whether the employer is a small or large employer shall be based	77852
on the average number of eligible employees that it is reasonably	77853
expected the employer will employ on business days in the current	77854
calendar year. Any reference in division (N) of this section to an	77855
"employer" includes any predecessor of the employer. Except as	77856
otherwise specifically provided, provisions of sections 3924.01 to	77857
3924.14 of the Revised Code that apply to a small employer that	77858
has a health benefit plan shall continue to apply until the plan	77859
anniversary following the date the employer no longer meets the	77860
requirements of this division.	77861

(O) "OHC plan" means an Ohio health care plan, which is the	77862
basic, standard, or carrier reimbursement plan for small employers	77863
and individuals established ~~by the board~~ in accordance with	77864
section 3924.10 of the Revised Code.	77865

Sec. 3924.06. (A) Compliance with the underwriting and	77866
rating requirements contained in sections 3924.01 to 3924.14 of	77867
the Revised Code shall be demonstrated through actuarial	77868
certification. Carriers offering health benefit plans to small	77869
employers shall file annually with the superintendent of insurance	77870
an actuarial certification stating that the underwriting and	77871
rating methods of the carrier do all of the following:	77872

(1) Comply with accepted actuarial practices;

77873

(2) Are uniformly applied to health benefit plans covering	77874
small employers;	77875

(3) Comply with the applicable provisions of sections 3924.01	77876
to 3924.14 of the Revised Code.	77877

(B) If a carrier has established a separate class of business	77878
for one or more small employer health care alliances in accordance	77879
with section 1731.09 of the Revised Code, this section shall apply	77880
in accordance with section 1731.09 of the Revised Code.	77881

(C) Carriers offering health benefit plans to small employers	77882
shall file premium rates with the superintendent in accordance	77883
with section 3923.02 of the Revised Code with respect to the	77884
carrier's sickness and accident insurance policies sold to small	77885
employers and in accordance with section 1751.12 of the Revised	77886
Code with respect to the carrier's health insuring corporation	77887
policies sold to small employers.	77888

Sec. 3924.09. The Ohio health reinsurance program shall have	77889
the general powers and authority granted under the laws of the	77890
state to insurance companies licensed to transact sickness and	77891
accident insurance, except the power to issue insurance. The board	77892
of directors of the program also shall have the specific authority	77893
to do all of the following:	77894

(A) Enter into contracts as are necessary or proper to carry	77895
out the provisions and purposes of sections 3924.07 to 3924.14 of	77896
the Revised Code, including the authority to enter into contracts	77897
with similar programs of other states for the joint performance of	77898
common functions, or with persons or other organizations for the	77899
performance of administrative functions;	77900

(B) Sue or be sued, including taking any legal actions	77901
necessary or proper for recovery of any assessments for, on behalf	77902
of, or against any program or board member;	77903

(C) Take such legal action as is necessary to avoid the	77904
payment of improper claims against the program;	77905

(D) ~~Design~~Make recommendations to the superintendent of	77906
insurance regarding the design of the OHC plans which, when	77907
offered by a carrier, are eligible for reinsurance and issue	77908
reinsurance policies in accordance with the requirements of	77909
sections 3924.07 to 3924.14 of the Revised Code;	77910

(E) Establish rules, conditions, and procedures pertaining to	77911
the reinsurance of members' risks by the program;	77912

(F) Establish appropriate rates, rate schedules, rate	77913
adjustments, rate classifications, and any other actuarial	77914
functions appropriate to the operation of the program;	77915

(G) Assess members in accordance with division (G) of section	77916
3924.11 and the provisions of section 3924.13 of the Revised Code,	77917
and make such advance interim assessments as may be reasonable and	77918
necessary for organizational and interim operating expenses. Any	77919
interim assessments shall be credited as offsets against any	77920
regular assessments due following the close of the calendar year.	77921

(H) Appoint members to appropriate legal, actuarial, and	77922
other committees if necessary to provide technical assistance with	77923
respect to the operation of the program, policy and other contract	77924
design, and any other function within the authority of the	77925
program;	77926

(I) Borrow money to effect the purposes of the program. Any	77927
notes or other evidence of indebtedness of the program not in	77928
default shall be legal investments for carriers and may be carried	77929
as admitted assets.	77930

(J) Reinsure risks, collect assessments, and otherwise carry	77931
out its duties under division (G) of section 3924.11 of the	77932
Revised Code;	77933

(K) Study the operation of the Ohio health reinsurance	77934
program and the open enrollment reinsurance program and, based on	77935
its findings, make legislative recommendations to the general	77936
assembly for improvements in the effectiveness, operation, and	77937
integrity of the programs;	77938

(L) ~~Design~~Make recommendations to the superintendent	77939
regarding the design of a basic and standard plan for purposes of	77940
sections 1751.16, 3923.122, and 3923.581 of the Revised Code.	77941

Sec. 3924.10. (A) The board of directors of the Ohio health	77942
reinsurance program ~~shall design~~may make recommendations to the	77943
superintendent of insurance, and the superintendent may adopt or	77944
amend by rule adopted in accordance with Chapter 119. of the	77945
Revised Code the OHC basic, standard, and carrier reimbursement	77946
plans which, when offered by a carrier, are eligible for	77947
reinsurance under the program. The ~~board~~superintendent shall	77948
establish the form and level of coverage to be made available by	77949
carriers in their OHC plans. ~~In designing the~~The plans ~~the board~~	77950
shall ~~also establish~~include benefit levels, deductibles,	77951
coinsurance factors, exclusions, and limitations for the plans.	77952
The forms and levels of coverage ~~established by the board~~ shall	77953
specify which components of health benefit plans offered by a	77954
carrier may be reinsured. The OHC plans are subject to division	77955
(C) of section 3924.02 of the Revised Code and to the provisions	77956
in Chapters 1751., 1753., 3923., and any other chapter of the	77957
Revised Code that require coverage or the offer of coverage of a	77958
health care service or benefit.	77959

(B) ~~The board shall adopt the OHC plans within one hundred~~	77960
~~eighty days after the effective date of this amendment~~Prior to	77961
adopting rules relating to the OHC basic and standard plans, the	77962
superintendent shall conduct an actuarial analysis of the cost	77963
impacts of any proposed rule that makes changes to the basic and	77964
standard plans. The superintendent also may consider	77965
recommendations of the Ohio health care coverage and quality	77966
council established under section 3923.90 of the Revised Code.	77967
The plans may include cost containment features including any of	77968
the following:	77969

(1) Utilization review of health care services, including	77970
review of the medical necessity of hospital and physician	77971
services;	77972

(2) Case management benefit alternatives;

77973

(3) Selective contracting with hospitals, physicians, and	77974
other health care providers;	77975

(4) Reasonable benefit differentials applicable to	77976
participating and nonparticipating providers;	77977

(5) Employee assistance program options that provide	77978
preventive and early intervention mental health and substance	77979
abuse services;	77980

(6) Other provisions for the cost-effective management of the	77981
plans.	77982

(C) OHC plans established for use by health insuring	77983
corporations shall be consistent with the basic method of	77984
operation of such corporations.	77985

(D) Each carrier shall certify to the superintendent of	77986
insurance, in the form and manner prescribed by the	77987
superintendent, that the OHC plans filed by the carrier are in	77988
substantial compliance with the provisions of the board OHC plans.	77989
Upon receipt by the superintendent of the certification, the	77990
carrier may use the certified plans.	77991

(E) Each carrier shall, on and after sixty days after the	77992
date that the program becomes operational and as a condition of	77993
transacting business in this state, renew coverage provided to any	77994
individual or group under its OHC plans.	77995

(F) The OHC plans in effect as of June 1, 2009, shall remain	77996
in effect until those plans are amended or new plans are adopted	77997
in accordance with this section.	77998

Sec. 3929.43. (A) The Ohio fair plan underwriting	77999
association is hereby created consisting of all insurers	78000
authorized to write within this state, on a direct basis, basic	78001
property insurance or any component thereof in multi-peril	78002
policies, to assist applicants in urban areas to secure basic	78003
property insurance or homeowners insurance, and to formulate and	78004
administer a program for the equitable apportionment of basic	78005
property insurance or homeowners insurance which cannot be	78006
obtained in the normal market. Every such insurer shall be a	78007
member of the association and shall remain a member as a condition	78008
of its authority to write any of such insurance in this state.	78009

(B) The association, pursuant to sections 3929.41 to 3929.49	78010
of the Revised Code, and the plan of operation, with respect to	78011
basic property insurance or homeowners insurance, may assume and	78012
cede reinsurance on insurable risks written by its members.	78013

(C) The board of governors of the association shall submit to	78014
the superintendent of insurance, for ~~his~~ approval, a proposed plan	78015
of operation which shall provide for economical, fair, and	78016
nondiscriminatory administration of a program for the equitable	78017
apportionment among members of basic property insurance or	78018
homeowners insurance which may be afforded in urban areas to	78019
applicants whose property is insurable in accordance with	78020
reasonable underwriting standards, but who are unable to procure	78021
such insurance through normal channels. The association is under	78022
no obligation to issue basic property insurance or homeowners	78023
insurance to any person, unless that person and ~~his~~that person's	78024
property would be insurable in the normal insurance market, and	78025
such property, except for its location, would constitute an	78026
insurable risk in accordance with reasonable underwriting	78027
standards. The plan of operation shall provide that the	78028
association, in determining whether the property is insurable,	78029
shall give no consideration to the condition of surrounding	78030
property or properties, where such condition is not within the	78031
control of the applicant. Rates for basic property insurance and	78032
homeowners insurance shall ~~not exceed those rates filed with~~be	78033
subject to the approval of the superintendent ~~by the major rating~~	78034
~~organization in this state, except that in the case of homeowners~~	78035
~~insurance the association may file deviations to the rating plan~~	78036
~~previously filed by such rating organization, and such deviations~~	78037
~~shall be subject to the approval of the superintendent in the same~~	78038
~~manner as other deviations under Chapter 3935. of the Revised~~	78039
~~Code~~. The plan of operation may also provide for assessment of all	78040
members in amounts sufficient to operate the association, maximum	78041
limits of liability per location to be placed through the program,	78042
reasonable underwriting standards for determining insurability of	78043
a risk, and the commission to be paid to the licensed producer	78044
designated by the applicant. The superintendent shall adopt such	78045
plan and all amendments thereto pursuant to Chapter 119. of the	78046
Revised Code.	78047

If the superintendent disapproves the proposed plan of	78048
operation, the board of governors shall, within fifteen days,	78049
submit for approval an appropriately revised plan of operation and	78050
if the board of governors fails to do so, or if the revised plan	78051
submitted is unacceptable, the superintendent shall promulgate a	78052
plan of operation.	78053

If amendment of the plan of operation is requested by the	78054
superintendent or the board of governors, the board of governors	78055
shall submit to the superintendent, for ~~his~~ approval, such	78056
amendments. If such amendments are not approved by the	78057
superintendent, the board of governors shall, within fifteen days,	78058
submit for approval an appropriately revised amendment. If the	78059
board of governors fails to do so, or if the amendment is not	78060
approved by the superintendent, the superintendent shall	78061
promulgate such amendment as hethe superintendent finds	78062
necessary.	78063

(D)(1) The plan of operation may provide for periodic advance	78064
assessments against member insurers in amounts considered	78065
necessary to cover any deficit or projected deficit arising out of	78066
the operation of the association. Any provision in the plan for	78067
implementation of such advance assessments shall be approved by	78068
the superintendent. Any such provision in the plan shall also	78069
provide for quarterly or other periodic installment payment of	78070
such assessments.	78071

(2) Such plan shall provide a method whereby member insurers	78072
may recoup assessments levied by the association. In order to	78073
recoup such assessments the plan may also provide for the	78074
calculation and use of rates or rating factors to be applied to	78075
direct premiums for basic property insurance and homeowners	78076
insurance located in this state. Such a provision is subject to	78077
the approval of the superintendent. Member insurers of the	78078
association implementing a change in rates pursuant to this	78079
section shall file such changes with the superintendent. Such	78080
changes shall not increase rates more than the amount authorized	78081
by the association and approved by the superintendent pursuant to	78082
the plan. The association may consult with member insurers or	78083
licensed rating bureaus in connection with the establishment and	78084
operation of any such provision.	78085

(E) Any insurer which is a member of the association shall	78086
participate in the writings, expenses, profits, and losses of the	78087
association in the proportion that its premiums written bear to	78088
the aggregate premiums written by all members of the association,	78089
except that this division shall not be construed to preclude the	78090
board of governors from taking action to adjust assessments in	78091
accordance with a program adopted pursuant to division (I) of this	78092
section.	78093

(F) Such plan shall require the issuance of a binder	78094
providing coverage for which the applicant tenders an amount equal	78095
to the annual premium as estimated by the association, ~~such~~or an	78096
appropriate percentage of that annual premium as determined by the	78097
association. The binder ~~taking~~shall take effect ~~fifteen days~~	78098
~~following the date of~~the day after the association receives the	78099
application, provided that the application meets the underwriting	78100
standards of the association, for such term, and under such	78101
conditions as are determined by the superintendent ~~of insurance~~.	78102
The superintendent may alter such time requirement on a specific	78103
risk under such conditions as hethe superintendent finds	78104
appropriate.	78105

(G) The association shall be governed by a board of governors	78106
consisting of twelve members, four of whom shall be appointed by	78107
the governor with the advice and consent of the senate. One of	78108
such members shall be a licensed agent writing basic property	78109
insurance for more than one insurer. None of the other three such	78110
members shall be a director, officer, salaried employee, agent, or	78111
substantial shareholder of any insurance company and not more than	78112
two of these three members shall be members of the same political	78113
party. Terms of office of members appointed by the governor shall	78114
be for two years, commencing on the nineteenth day of September	78115
and ending on the eighteenth day of September. Each member shall	78116
hold office from the date of ~~his~~ appointment until the end of the	78117
term for which hethe member was appointed. Any member appointed	78118
to fill a vacancy occurring prior to the expiration of the term	78119
for which ~~his~~the member's predecessor was appointed shall hold	78120
office for the remainder of such term. Any appointed member shall	78121
continue in office subsequent to the expiration date of ~~his~~the	78122
member's term until ~~his~~the member's successor takes office, or	78123
until a period of sixty days has elapsed, whichever occurs first.	78124
The remaining eight members shall be representatives from member	78125
companies, at least five of whom shall be Ohio domiciled members,	78126
elected annually by accumulated voting by members of the	78127
association whose votes shall be weighed in accordance with each	78128
member's premiums written during the second preceding calendar	78129
year. Not more than one insurer in a group under the same	78130
management or ownership shall serve on the board of governors at	78131
the same time. The eight representatives of member companies shall	78132
be elected at a meeting of the members or their authorized	78133
representatives, which shall be held at a time and place	78134
designated by the superintendent.	78135

(H) The plan shall be administered under the supervision of	78136
the superintendent.	78137

(I) The board of governors shall adopt a written program for	78138
decreasing the overall utilization of the association as a source	78139
of insurance. The program shall set forth actions that the board	78140
shall take to decrease such utilization, including actions	78141
intended to reduce the number of policies issued, the number of	78142
persons whose properties are insured, and the total amount and	78143
kinds of insurance written by the association, provided this	78144
division does not authorize the board to take action intended to	78145
decrease utilization of the association as a source of insurance	78146
if such action would substantially conflict with the purposes set	78147
forth in divisions (A), (B), and (D) of section 3929.41 of the	78148
Revised Code or the plan of operation of the association.	78149

Sec. 3929.67. (A) A medical liability insurance policy that	78150
insures a physician or podiatrist, written by or on behalf of the	78151
medical liability underwriting association pursuant to sections	78152
3929.62 to 3929.70 of the Revised Code, may only be cancelled	78153
during the term of the policy for one of the following reasons:	78154

(1) Nonpayment of premiums;

78155

(2) The license of the insured to practice medicine and	78156
surgery, osteopathic medicine and surgery, or podiatric medicine	78157
and surgery has been suspended or revoked;	78158

(3) The insured's failure to meet minimum eligibility and	78159
underwriting standards;	78160

(4) The occurrence of a change in the individual risk that	78161
substantially increases any hazard insured against after the	78162
coverage has been issued or renewed, except to the extent that the	78163
medical liability underwriting association reasonably should have	78164
foreseen the change or contemplated the risk in writing the	78165
policy;	78166

(5) Discovery of fraud or material misrepresentation in the	78167
procurement of insurance or with respect to any claim submitted	78168
thereunder.	78169

(B) A medical liability insurance policy that insures a	78170
hospital, written by or on behalf of the medical liability	78171
underwriting association pursuant to sections 3929.62 to 3929.70	78172
of the Revised Code, may only be cancelled during the term of the	78173
policy for one of the following reasons:	78174

(1) Nonpayment of premiums;

78175

(2) The hospital is not certified or accredited in accordance	78176
with Chapter 3727. of the Revised Code;	78177

(3) An injunction against the hospital has been granted under	78178
section ~~3727.05~~3727.04 of the Revised Code;	78179

(4) The insured's failure to meet minimum eligibility and	78180
underwriting standards;	78181

(5) The occurrence of a change in the individual risk that	78182
substantially increases any hazard insured against after the	78183
coverage has been issued or renewed, except to the extent that the	78184
medical liability underwriting association reasonably should have	78185
foreseen the change or contemplated the risk in writing the	78186
policy;	78187

(6) Discovery of fraud or material misrepresentation in the	78188
procurement of insurance or with respect to any claim submitted	78189
thereunder.	78190

Sec. 3953.23. (A) Every title insurance agent shall keep	78191
books of account and record and vouchers pertaining to the	78192
business of title insurance in such manner that the title	78193
insurance company may readily ascertain from time to time whether	78194
the agent has complied with this chapter.	78195

(B)(1) A title insurance agent may engage in the business of	78196
handling escrows of real property transactions ~~provided that~~	78197
subject to all of the following:	78198

(a) The agent shall maintain a separate record of all	78199
receipts and disbursements of escrow funds ~~and shall not~~.	78200

(b) The agent shall deposit funds held in trust at interest	78201
in either of the following accounts:	78202

(i) An account as required in section 3953.231 of the Revised	78203
Code and in accordance with all applicable rules;	78204

(ii) A separate escrow account for the benefit of one or more	78205
parties to the escrow transaction.	78206

(c) The agent shall not commingle any such funds with the	78207
agent's own funds or with funds held by the agent in any other	78208
capacity~~; and if~~.	78209

(d) The agent shall ensure that any person or entity	78210
delegated or assigned by the agent with the responsibility for	78211
handling escrows of real property transactions complies with all	78212
provisions of the Revised Code and any rules that are applicable	78213
to the agent.	78214

(e) If at any time the superintendent of insurance	78215
determines that an agent has failed to comply with any of the	78216
provisions of this section, the superintendent may revoke the	78217
license of the agent pursuant to section 3905.14 of the Revised	78218
Code, subject to review as provided for in Chapter 119. of the	78219
Revised Code.	78220

(C) All title insurance agents or agencies that handle	78221
escrows in real property transactions not involving the issuance	78222
of title insurance shall have coverage that protects the parties	78223
to such transactions against theft, misappropriation, fraud, or	78224
any other failure to properly disburse settlement, closing, or	78225
escrow funds. The superintendent shall adopt rules under Chapter	78226
119. of the Revised Code setting forth the minimum requirements	78227
for such coverage, including, but not limited to, the minimum	78228
amounts, terms, and conditions of such coverage.	78229

(D) The superintendent shall require every title insurance	78230
agent or agency and any subcontractors to maintain an errors and	78231
omissions policy, in any amount exceeding minimum limits	78232
established by the superintendent, that includes but is not	78233
limited to coverage for the agent's or agency's delegation of any	78234
agent or agency function. The superintendent shall adopt rules	78235
under Chapter 119. of the Revised Code setting forth the minimum	78236
requirements for that coverage, including but not limited to the	78237
minimum amounts, terms, and conditions of the coverage.	78238

Sec. 3953.231. (A)(1) Each title insurance agent or title	78239
insurance company shall establish and maintain an interest-bearing	78240
trust account for the deposit of all non-directed escrow funds	78241
~~that meet the requirements of sections 1349.20 to 1349.22 of the~~	78242
~~Revised Code~~received by the agent to affect an escrow	78243
transaction.	78244

(2) The account established under division (A)(1) of this	78245
section shall be established and maintained in ~~any federally~~	78246
~~insured bank, savings and loan association, credit union, or~~	78247
~~savings bank that is authorized to transact business in this state~~	78248
an eligible depository.	78249

(3) ~~The~~Each account established under division (A)(1) of	78250
this section shall be in the name of the title insurance agent or	78251
company, and shall be identified as an "interest on trust account"	78252
or "IOTA." The name of the account may contain additional	78253
identifying information to distinguish it from other accounts.	78254

(4) The title insurance agent or company establishing the	78255
account shall submit, in writing, to the superintendent of	78256
insurance the name, account number, and location of the ~~bank,~~	78257
~~savings and loan association, credit union, or savings bank~~	78258
eligible depository in which the trust account is maintained.	78259

(B) Each title insurance agent or company shall deposit all	78260
non-directed escrow funds that are nominal in amount or are to be	78261
held for a short period of time into the account established under	78262
division (A) of this section no later than the next business day	78263
after receipt.	78264

(C) Each account established under division (A) of this	78265
section shall comply with all of the following:	78266

(1) All funds ~~in the~~shall be deposited into an IOTA account	78267
product at an eligible depository and shall be subject to	78268
withdrawal or transfer upon request and without delay, or as soon	78269
as permitted by law;	78270

(2) ~~The rate of interest payable on the account shall not be~~	78271
~~less than the rate paid by the bank, savings and loan, credit~~	78272
~~union, or savings bank to its regular depositors. The rate may be~~	78273
~~higher if there is no impairment of the right to the immediate~~	78274
~~withdrawal or transfer of the principal;~~(a) The approved rate of	78275
interest payable on the account shall equal or exceed the highest	78276
interest rate or dividend paid by the eligible depository on its	78277
account products that are not IOTA account products. The eligible	78278
depository shall pay on its IOTA account product any higher rates	78279
offered by it on its account products that are not IOTA account	78280
products.	78281

(b) In paying not less than the highest interest rate or	78282
dividend paid by the eligible depository on its account products	78283
that are not IOTA account products, an eligible depository shall	78284
do both of the following:	78285

(i) For IOTA accounts with balances of less than one hundred	78286
thousand dollars, pay a rate that equals or exceeds the highest	78287
rate paid on its business checking account paying preferred	78288
interest rates, such as money market or indexed rates, or any	78289
other similar, suitable interest-bearing account offered by the	78290
eligible depository on its account products that are not IOTA	78291
account products;	78292

(ii) For IOTA accounts with balances of one hundred thousand	78293
dollars or more, pay a rate that equals or exceeds the highest	78294
rate paid on its business checking account with an automated	78295
investment feature, such as an overnight sweep account, business	78296
investment or other similar premium checking account, short-term	78297
jumbo certificate of deposit, money market account, or any other	78298
similar, suitable interest-bearing account offered by the	78299
eligible depository on its account products that are not IOTA	78300
account products.	78301

(c) In determining the highest interest rate or dividend paid	78302
by the eligible depository on its account products that are not	78303
IOTA account products, an eligible depository shall consider the	78304
rates it offers its customers from internal rate sheets or through	78305
preferred or negotiated rates on a per customer basis. In	78306
considering the rate for the IOTA account product, the eligible	78307
depository may also take into consideration and discount for	78308
factors such as fees paid by the account-holder, time commitments,	78309
and withdrawal limitations. The eligible depository shall not use	78310
these factors to preclude the consideration of the rates paid on	78311
one or more of its account products that are not IOTA account	78312
products in the eligible depository's establishment of a rate for	78313
the IOTA account product.	78314

(d) If an eligible depository determines that it is unable to	78315
pay the approved rate during any reporting period, the eligible	78316
depository may request from the Ohio legal assistance foundation a	78317
waiver from the approved rate requirement for that reporting	78318
period. If an eligible depository requests a waiver from the	78319
approved rate requirement, the eligible depository shall	78320
demonstrate in the form and manner prescribed in rules adopted by	78321
the Ohio legal assistance foundation pursuant to section 120.52 of	78322
the Revised Code that the rates of interest paid on its IOTA	78323
account product are generally not less than the highest rates	78324
paid by the eligible depository on its account products that are	78325
not IOTA account products. At a minimum, the eligible depository	78326
shall demonstrate by an independent, third-party auditor's	78327
certification that not more than five per cent of the eligible	78328
depository's account products that are not IOTA account products	78329
with an average daily balance of greater than or equal to one	78330
hundred thousand dollars have rates that are higher than the rate	78331
paid on the its IOTA account product during the same reporting	78332
period.	78333

(3) All interest earned on ~~the~~an account~~, net of service~~	78334
~~charges and other related charges,~~established under division	78335
(A)(1) of this section shall be transmitted to the treasurer of	78336
state for deposit in the legal aid fund established under section	78337
120.52 of the Revised Code. No part of the interest earned on	78338
funds deposited in an interest-bearing trust account established	78339
under division (A) of this section shall be paid to, or inure to	78340
the benefit of, the title insurance agent or company, the client	78341
or other person who owns or has a beneficial ownership of the	78342
funds deposited, or any other account, person, or entity other	78343
than in accordance with this section and sections 120.51 to 120.55	78344
of the Revised Code.	78345

(D) The title insurance agent or company establishing an	78346
account under division (A) of this section shall direct the ~~bank,~~	78347
~~savings and loan association, credit union, or savings bank~~	78348
eligible depository to do ~~both~~all of the following:	78349

(1) Remit by the fifteenth day of each month interest or	78350
dividends on the average monthly balance in the account earned in	78351
the preceding month, or as otherwise computed in accordance with	78352
the standard accounting practice of the ~~bank, savings and loan~~	78353
~~association, credit union, or savings bank, less reasonable~~	78354
~~service charges and other related charges,~~eligible depository, to	78355
the treasurer of state ~~at least quarterly~~ for deposit in the legal	78356
aid fund established under section 120.52 of the Revised Code;	78357

(2) At the time of each remittance, transmit to the treasurer	78358
of state~~, and if requested~~, to the Ohio legal assistance	78359
foundation, and, if requested, to the title insurance agent or	78360
company, a statement showing the name of the title insurance agent	78361
or company for whom the remittance is sent, the comparable	78362
accounts or product types and the rates paid as required in	78363
division (C)(2)(b) of this section, the rate of interest applied,	78364
the accounting period, the net amount remitted to the treasurer of	78365
state for each account, the total remitted, the average account	78366
balance for each month of the period for which the report is made,	78367
and the amount ~~deducted for~~of service charges and other related	78368
charges assessed to and paid by the account holder or other party.	78369

(3) Notify the superintendent or other entity designated by	78370
the superintendent on each occasion when a properly payable	78371
instrument is presented for payment from the account and the	78372
account contains insufficient funds, provide this notice without	78373
regard to whether the instrument is honored by the eligible	78374
depository, provide this notice by electronic or other means	78375
within five banking days of the date that the instrument was	78376
honored or returned as dishonored, and include in the notice all	78377
of the following:	78378

(a) The name and address of the eligible depository;

78379

(b) The name and address of the title insurance agent or	78380
company that maintains the account;	78381

(c) The account number and either the amount of the overdraft	78382
and the date issued or the amount of the dishonored instrument and	78383
the date returned.	78384

(E) The statements and reports submitted by the ~~bank, savings~~	78385
~~and loan association, credit union, or savings bank~~eligible	78386
depository under this section, are confidential and are not public	78387
records subject to section 149.43 of the Revised Code and shall be	78388
used ~~only~~by the Ohio legal assistance foundation to administer	78389
the legal aid fund and by the superintendent for the enforcement	78390
of this section. If any statement or report submitted by an	78391
eligible depository under this section is used by the	78392
superintendent for the enforcement of this section, that statement	78393
or report may become a public record subject to section 149.43 of	78394
the Revised Code.	78395

(F) No funds belonging to a title insurance agent or company	78396
shall be deposited into an account established under division (A)	78397
of this section except funds necessary to establish the account or	78398
to pay service charges and other related charges of the ~~bank,~~	78399
~~savings and loan association, credit union, or savings bank that~~	78400
~~are in excess of earnings on the account~~eligible depository.	78401

(G) No liability arising out of any negligent act or omission	78402
of any title insurance agent or company with respect to any	78403
account established under division (A) of this section shall be	78404
imputed to the ~~bank, savings and loan association, credit union,~~	78405
~~or savings bank~~eligible depository.	78406

(H) ~~No liability or responsibility arising out of any~~	78407
~~negligent act or omission of any title insurance agent with~~	78408
~~respect to any account established under division (A) of this~~	78409
~~section shall be imputed to a title insurance company.~~	78410

~~(I)~~ The superintendent may adopt, in accordance with Chapter	78411
119. of the Revised Code, rules that pertain to the use of	78412
accounts established under division (A) of this section and to the	78413
enforcement of this section. Any rules adopted by the	78414
superintendent under this division that pertain to the use of	78415
accounts established under division (A) of this section shall	78416
conform to the provisions of this section, section 3953.23 of the	78417
Revised Code, and any rules adopted by the Ohio legal assistance	78418
foundation pursuant to section 120.52 of the Revised Code.	78419

(I) As used in this section:

78420

(1) "Approved rate" means the minimum allowable rate of	78421
interest payable on an IOTA account product established and	78422
maintained under this section or an IOLTA account product	78423
established and maintained under sections 4705.09 and 4705.10 of	78424
the Revised Code.	78425

(2) "Eligible depository" means a depository or financial	78426
institution that satisfies all of the following requirements:	78427

(a) It voluntarily offers and maintains account products	78428
pursuant to sections 3953.231, 4705.09, and 4705.10 of the Revised	78429
Code and meets the requirements prescribed in those sections and	78430
any rules adopted by the Ohio legal assistance foundation pursuant	78431
to section 120.52 of the Revised Code.	78432

(b) It is a bank, savings bank, or savings and loan	78433
association authorized by federal or state law to do business in	78434
this state and insured by the Federal deposit insurance	78435
corporation or any successor insurance corporation or is a credit	78436
union authorized by federal or state law to do business in this	78437
state and insured by the national credit union administration or	78438
by a credit union share guaranty corporation in this state.	78439

(c) It has been certified by the Ohio legal assistance	78440
foundation as an eligible depository, based on the criterion	78441
provided in sections 120.52, 3953.231, 4705.09, and 4705.10 of the	78442
Revised Code, subject to a dispute resolution process established	78443
by rules adopted by the Ohio legal assistance foundation pursuant	78444
to section 120.52 of the Revised Code.	78445

(3) "Escrow transaction" means a transaction in which a	78446
person, for the purpose of effecting and closing the sale,	78447
purchase, exchange, transfer, encumbrance, or lease of an interest	78448
in commercial or residential real property located in this state	78449
to another person, provides a written instrument or document,	78450
money, negotiable instrument, check, evidence of title to real	78451
property, or anything of value to an escrow or closing agent to be	78452
held by the agent until a specified event occurs or until the	78453
performance of a prescribed condition, at which time the agent	78454
shall deliver it to a specific person in compliance with	78455
applicable instructions by filing that written instrument or	78456
document with the appropriate public entity or by direct tender to	78457
the appropriate person.	78458

(4) "IOTA account product" means a separate and unique	78459
product offered by an eligible depository that is used exclusively	78460
for the deposit of funds transferred electronically or otherwise,	78461
cash, money orders, or negotiable instruments that are received by	78462
a title insurance agent to effect an escrow transaction and fully	78463
complies with the account requirements of sections 120.52,	78464
3953.23, and 3953.231 of the Revised Code.	78465

Sec. 4104.01. As used in sections 4104.01 to 4104.20 and	78466
section 4104.99 of the Revised Code:	78467

(A) "Board of building standards" or "board" means the board	78468
established by section 3781.07 of the Revised Code.	78469

(B) "Superintendent" means the superintendent of ~~the division~~	78470
~~of industrial compliance~~labor created by section 121.04 of the	78471
Revised Code.	78472

(C) "Boiler" means a closed vessel in which water is heated,	78473
steam is generated, steam is superheated, or any combination	78474
thereof, under pressure or vacuum for use externally to itself by	78475
the direct application of heat from the combustion of fuels, or	78476
from electricity or nuclear energy. "Boiler" includes fired units	78477
for heating or vaporizing liquids other than water where these	78478
units are separate from processing systems and are complete within	78479
themselves.	78480

(D) "Power boiler" means a boiler in which steam or other	78481
vapor (to be used externally to itself) is generated at a pressure	78482
of more than fifteen psig.	78483

(E) "High pressure, high temperature water boiler" means a	78484
water heating boiler operating at pressures exceeding one hundred	78485
sixty psig or temperatures exceeding two hundred fifty degrees	78486
Fahrenheit.	78487

(F) "Low pressure boiler" means a steam boiler operating at	78488
pressures not exceeding fifteen psig, or a hot water heating	78489
boiler operating at pressures not exceeding one hundred sixty psig	78490
or temperatures not exceeding two hundred fifty degrees	78491
Fahrenheit.	78492

(G) "Pressure vessel" means a container for the containment	78493
of pressure, either internal or external. This pressure may be	78494
obtained from an external source or by the application of heat	78495
from a direct or indirect source or any combination thereof.	78496

(H) "Process boiler" means a boiler to which all of the	78497
following apply:	78498

(1) The steam in the boiler is either generated or	78499
superheated, or both, under pressure or vacuum for use external to	78500
itself.	78501

(2) The source of heat for the boiler is in part or in whole	78502
from a process other than the boiler itself.	78503

(3) The boiler is part of a continuous processing unit, such	78504
as used in chemical manufacture or petroleum refining, other than	78505
a steam-generated process unit.	78506

(I) "Stationary steam engine" means an engine or turbine in	78507
which the mechanical force arising from the elasticity and	78508
expansion action of steam or from its property of rapid	78509
condensation or from a combination of the two is made available as	78510
a motive power.	78511

Sec. 4104.02. The board of building standards shall:

78512

(A) Formulate rules for the construction, installation,	78513
repair, conservation of energy, and operation of boilers and the	78514
construction and repair of pressure vessels and for ascertaining	78515
the safe working pressures to be carried on such boilers and	78516
pressure vessels and the qualification of inspectors of boilers	78517
and pressure vessels;	78518

(B) Prescribe tests, if it is considered necessary, to	78519
ascertain the qualities of materials used in the construction of	78520
boilers and pressure vessels;	78521

(C) Adopt rules regulating the construction and sizes of	78522
safety valves for boilers and pressure vessels of different sizes	78523
and pressures, for the construction, use, and location of fusible	78524
plugs, appliances for indicating the pressure of steam and level	78525
of water in the boiler or pressure vessels, and such other	78526
appliances as the board considers necessary to safety in operating	78527
boilers;	78528

(D) Establish reasonable fees for the performance of reviews,	78529
surveys, or audits of manufacturer's facilities by the division of	78530
~~industrial compliance~~labor for certification by the American	78531
society of mechanical engineers and the national board of boiler	78532
and pressure vessel inspectors;	78533

(E) The definitions and rules adopted by the board for the	78534
construction, installation, repair, conservation of energy, and	78535
operation of boilers and the construction and repair of pressure	78536
vessels and for ascertaining the safe working pressures to be used	78537
on such boilers and pressure vessels shall be based upon and	78538
follow generally accepted engineering standards, formulae, and	78539
practices established and pertaining to boilers and pressure	78540
vessel construction, operation, and safety, and the board may, for	78541
this purpose, adopt existing published standards as well as	78542
amendments thereto subsequently published by the same authority.	78543

When a person desires to manufacture a special type of boiler	78544
or pressure vessel, the design of which is not covered by the	78545
rules of the board, the person shall submit drawings and	78546
specifications of such boiler or pressure vessel to the board for	78547
investigation, after which the board may permit its installation.	78548

The provisions of sections 119.03 and 119.11 of the Revised	78549
Code in particular, and the applicable provisions of Chapter 119.	78550
of the Revised Code in general, shall govern the proceedings of	78551
the board of building standards in adopting, amending, or	78552
rescinding rules pursuant to this section.	78553

Sec. 4104.06. (A) The inspection of boilers and their	78554
appurtenances and pressure vessels shall be made by the	78555
inspectors mentioned in sections 4104.07 to 4104.20 of the Revised	78556
Code. The superintendent of ~~industrial compliance~~labor shall	78557
administer and enforce such sections and rules adopted by the	78558
board of building standards pursuant to section 4104.02 of the	78559
Revised Code.	78560

(B) The superintendent shall adopt, amend, and repeal rules	78561
exclusively for the issuance, renewal, suspension, and revocation	78562
of certificates of competency and certificates of operation, for	78563
conducting hearings in accordance with Chapter 119. of the Revised	78564
Code related to these actions, and for the inspection of boilers	78565
and their appurtenances, and pressure vessels.	78566

(C) Notwithstanding division (B) of this section, the	78567
superintendent shall not adopt rules relating to construction,	78568
maintenance, or repair of boilers and their appurtenances, or	78569
repair of pressure vessels.	78570

(D) The superintendent and each general inspector may enter	78571
any premises and any building or room at all reasonable hours to	78572
perform an examination or inspection.	78573

Sec. 4104.07. (A) An application for examination as an	78574
inspector of boilers and pressure vessels shall be in writing,	78575
accompanied by a fee of one hundred fifty dollars, upon a blank to	78576
be furnished by the superintendent of ~~industrial compliance~~	78577
labor. Any moneys collected under this section shall be paid into	78578
the state treasury to the credit of the ~~industrial compliance~~	78579
labor operating fund created in section 121.084 of the Revised	78580
Code.	78581

(B) The superintendent shall determine if an applicant meets	78582
all the requirements for examination in accordance with rules	78583
adopted by the board of building standards under section 4104.02	78584
of the Revised Code. An application shall be rejected which	78585
contains any willful falsification, or untruthful statements.	78586

(C) An applicant shall be examined by the superintendent, by	78587
a written examination, prescribed by the board, dealing with the	78588
construction, installation, operation, maintenance, and repair of	78589
boilers and pressure vessels and their appurtenances, and the	78590
applicant shall be accepted or rejected on the merits of the	78591
applicant's application and examination.	78592

(D) Upon a favorable report by the superintendent of the	78593
result of an examination, the superintendent shall immediately	78594
issue to the successful applicant a certificate of competency to	78595
that effect.	78596

Sec. 4104.08. (A) The director of commerce may appoint from	78597
the holders of certificates of competency provided for in section	78598
4104.07 of the Revised Code, general inspectors of boilers and	78599
pressure vessels.	78600

(B) Any company authorized to insure boilers and pressure	78601
vessels against explosion in this state may designate from holders	78602
of certificates of competency issued by the superintendent of	78603
~~industrial compliance~~labor, or holders of certificates of	78604
competency or commissions issued by other states or nations whose	78605
examinations for certificates or commissions have been approved by	78606
the board of building standards, persons to inspect and stamp	78607
boilers and pressure vessels covered by the company's policies,	78608
and the superintendent shall issue to such persons commissions	78609
authorizing them to act as special inspectors. Special inspectors	78610
shall be compensated by the company designating them.	78611

(C) The director ~~of commerce~~ shall establish an annual fee to	78612
be charged by the superintendent for each certificate of	78613
competency or commission the superintendent issues.	78614

(D) The superintendent shall issue to each general or special	78615
inspector a commission to the effect that the holder thereof is	78616
authorized to inspect boilers and pressure vessels in this state.	78617

(E) No person shall be authorized to act as a general	78618
inspector or a special inspector who is directly or indirectly	78619
interested in the manufacture or sale of boilers or pressure	78620
vessels.	78621

Sec. 4104.09. The certificate of competency issued under	78622
section 4104.07 of the Revised Code or the commission provided for	78623
in section 4104.08 of the Revised Code may be revoked by the	78624
superintendent of ~~industrial compliance~~labor for the incompetence	78625
or untrustworthiness of the holder thereof, or for willful	78626
falsification of any matter or statement contained in the holder's	78627
application or in a report of any inspection in accordance with	78628
Chapter 119. of the Revised Code. If a certificate or commission	78629
is lost or destroyed, a new certificate or commission shall be	78630
issued in its place without another examination.	78631

Sec. 4104.10. All unfired pressure vessels, except unfired	78632
pressure vessels exempt under section 4104.04 of the Revised Code,	78633
shall be thoroughly inspected during fabrication and upon	78634
completion and shall not be operated until a copy of the	78635
manufacturers' data report, properly executed and signed by the	78636
inspector is filed in the office of the superintendent of	78637
~~industrial compliance~~labor. All unfired pressure vessels shall	78638
conform in every detail with applicable rules adopted by the board	78639
of building standards pursuant to section 4104.02 of the Revised	78640
Code.	78641

Sec. 4104.101. (A) No person shall install or make major	78642
repairs or modifications to any boiler without first registering	78643
to do so with the division of ~~industrial compliance~~labor.	78644

(B) No person shall make any installation or major repair or	78645
modification of any boiler without first obtaining a permit to do	78646
so from the division. The permit application form shall provide	78647
the name and address of the owner, location of the boiler, and	78648
type of repair or modification that will be made. The application	78649
permit fee shall be ~~fifty~~one hundred dollars.	78650

(C) The superintendent of ~~industrial compliance~~labor shall	78651
require annual registration of all contractors who install, make	78652
major repairs to, or modify any boiler. The board of building	78653
standards shall establish a reasonable fee to cover the cost of	78654
processing registrations.	78655

Sec. 4104.12. All boilers, except boilers mentioned in	78656
section 4104.04 of the Revised Code, shall be inspected when	78657
installed and shall not be operated until an appropriate	78658
certificate of operation has been issued by the superintendent of	78659
~~the division of industrial compliance~~labor. The certificate of	78660
operation required by this section shall not be issued for any	78661
boiler which has not been thoroughly inspected during construction	78662
and upon completion, by either a general or special inspector, and	78663
which does not conform in every detail with the rules adopted by	78664
the board of building standards and unless, upon completion, such	78665
boiler is distinctly stamped under such rules by such inspector.	78666

Sec. 4104.15. (A) All certificates of inspection for	78667
boilers, issued prior to October 15, 1965, are valid and effective	78668
for the period set forth in such certificates unless sooner	78669
withdrawn by the superintendent of ~~industrial compliance~~labor.	78670
The owner or user of any such boiler shall obtain an appropriate	78671
certificate of operation for such boiler, and shall not operate	78672
such boiler, or permit it to be operated unless a certificate of	78673
operation has been obtained in accordance with section 4104.17 of	78674
the Revised Code.	78675

(B) If, upon making the internal and external inspection	78676
required under sections 4104.11, 4104.12, and 4104.13 of the	78677
Revised Code, the inspector finds the boiler to be in safe working	78678
order, with the fittings necessary to safety, and properly set up,	78679
upon the inspector's report to the superintendent, the	78680
superintendent shall issue to the owner or user thereof, or renew,	78681
upon application and upon compliance with sections 4104.17 and	78682
4104.18 of the Revised Code, a certificate of operation which	78683
shall state the maximum pressure at which the boiler may be	78684
operated, as ascertained by the rules of the board of building	78685
standards. Such certificates shall also state the name of the	78686
owner or user, the location, size, and number of each boiler, and	78687
the date of issuance, and shall be so placed as to be easily read	78688
in the engine room or boiler room of the plant where the boiler is	78689
located, except that the certificate of operation for a portable	78690
boiler shall be kept on the premises and shall be accessible at	78691
all times.	78692

(C) If an inspector at any inspection finds that the boiler	78693
or pressure vessel is not in safe working condition, or is not	78694
provided with the fittings necessary to safety, or if the fittings	78695
are improperly arranged, the inspector shall immediately notify	78696
the owner or user and person in charge of the boiler and shall	78697
report the same to the superintendent who may revoke, suspend, or	78698
deny the certificate of operation and not renew the same until the	78699
boiler or pressure vessel and its fittings are put in condition to	78700
insure safety of operation, and the owner or user shall not	78701
operate the boiler or pressure vessel, or permit it to be operated	78702
until such certificate has been granted or restored.	78703

(D) If the superintendent or a general boiler inspector finds	78704
that a pressure vessel or boiler or a part thereof poses an	78705
explosion hazard that reasonably can be regarded as posing an	78706
imminent danger of death or serious physical harm to persons, the	78707
superintendent or the general boiler inspector shall seal the	78708
pressure vessel or boiler and order, in writing, the operator or	78709
owner of the pressure vessel or boiler to immediately cease the	78710
pressure vessel's or boiler's operation. The order shall be	78711
effective until the nonconformities are eliminated, corrected, or	78712
otherwise remedied, or for a period of seventy-two hours from the	78713
time of issuance, whichever occurs first. During the	78714
seventy-two-hour period, the superintendent may request that the	78715
prosecuting attorney or city attorney of Franklin county or of the	78716
county in which the pressure vessel or boiler is located obtain an	78717
injunction restraining the operator or owner of the pressure	78718
vessel or boiler from continuing its operation after the	78719
seventy-two-hour period expires until the nonconformities are	78720
eliminated, corrected, or otherwise remedied.	78721

(E) Each boiler which has been inspected shall be assigned a	78722
number by the superintendent, which number shall be stamped on a	78723
nonferrous metal tag affixed to the boiler or its fittings by seal	78724
or otherwise. No person except an inspector shall deface or remove	78725
any such number or tag.	78726

(F) If the owner or user of any pressure vessel or boiler	78727
disagrees with the inspector as to the necessity for shutting down	78728
a pressure vessel or boiler or for making repairs or alterations	78729
in it, or taking any other measures for safety that are requested	78730
by an inspector, the owner or user may appeal from the decision of	78731
the inspector to the superintendent, who may, after such other	78732
inspection by a general inspector or special inspector as the	78733
superintendent deems necessary, decide the issue.	78734

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	78735
nor an inspection or report by any inspector, shall relieve the	78736
owner or user of a pressure vessel or boiler of the duty of using	78737
due care in the inspection, operation, and repair of the pressure	78738
vessel or boiler or of any liability for damages for failure to	78739
inspect, repair, or operate the pressure vessel or boiler safely.	78740

Sec. 4104.16. The owner or user of any boiler required by	78741
sections 4104.01 to 4104.20 of the Revised Code, to be inspected,	78742
shall immediately notify the superintendent of ~~the division of~~	78743
~~industrial compliance~~labor in case a defect affecting the safety	78744
of the boiler is discovered.	78745

The owner or user of any stationary boiler required by such	78746
sections to be inspected, who moves the same, shall report to the	78747
superintendent the new location of the boiler. Such boiler shall	78748
be inspected before it is again operated.	78749

Sec. 4104.17. Certificates of operation issued for boilers	78750
subject to inspection under Chapter 4104. of the Revised Code	78751
shall be issued and renewed in accordance with and at dates	78752
prescribed by rules and regulations adopted by the superintendent	78753
of ~~industrial compliance~~labor.	78754

Sec. 4104.18. (A) The owner or user of a boiler required	78755
under section 4104.12 of the Revised Code to be inspected upon	78756
installation, and the owner or user of a boiler for which a	78757
certificate of inspection has been issued which is replaced with	78758
an appropriate certificate of operation, shall pay to the	78759
superintendent of ~~industrial compliance~~labor a fee in the amount	78760
of ~~forty-five~~fifty dollars for boilers subject to annual	78761
inspections under section 4104.11 of the Revised Code, ~~ninety~~one	78762
hundred dollars for boilers subject to biennial inspection under	78763
section 4104.13 of the Revised Code, one hundred ~~thirty-five~~fifty	78764
dollars for boilers subject to triennial inspection under section	78765
4104.11 of the Revised Code, or two hundred ~~twenty-five~~fifty	78766
dollars for boilers subject to quinquennial inspection under	78767
section 4104.13 of the Revised Code.	78768

~~A renewal fee in the amount of forty-five dollars shall be~~	78769
~~paid to the treasurer of state before the renewal of any~~	78770
~~certificate of operation.~~	78771

(B) The fee for complete inspection during construction by a	78772
general inspector on boilers and pressure vessels manufactured	78773
within the state shall be thirty-five dollars per hour. Boiler and	78774
pressure vessel manufacturers other than those located in the	78775
state may secure inspection by a general inspector on work during	78776
construction, upon application to the superintendent, and upon	78777
payment of a fee of thirty-five dollars per hour, plus the	78778
necessary traveling and hotel expenses incurred by the inspector.	78779

(C) The application fee for applicants for steam engineer,	78780
high pressure boiler operator, or low pressure boiler operator	78781
licenses is ~~fifty~~seventy-five dollars. The fee for each original	78782
or renewal steam engineer, high pressure boiler operator, or low	78783
pressure boiler operator license is ~~thirty-five~~fifty dollars.	78784

(D) The director of commerce, subject to the approval of the	78785
controlling board, may establish fees in excess of the fees	78786
provided in divisions (A), (B), and (C) of this section. Any	78787
moneys collected under this section shall be paid into the state	78788
treasury to the credit of the ~~industrial compliance~~labor	78789
operating fund created in section 121.084 of the Revised Code.	78790

(E) Any person who fails to pay an invoiced renewal fee or an	78791
invoiced inspection fee required for any inspection conducted by	78792
the division of ~~industrial compliance~~labor pursuant to this	78793
chapter within forty-five days of the invoice date shall pay a	78794
late payment fee equal to twenty-five per cent of the invoiced	78795
fee.	78796

(F) In addition to the fees assessed in divisions (A) and (B)	78797
of this section, the board of building standards shall assess the	78798
owner or user a fee of three dollars and twenty-five cents for	78799
each certificate of operation or renewal thereof issued under	78800
division (A) of this section and for each inspection conducted	78801
under division (B) of this section. The board shall adopt rules,	78802
in accordance with Chapter 119. of the Revised Code, specifying	78803
the manner by which the superintendent shall collect and remit to	78804
the board the fees assessed under this division and requiring that	78805
remittance of the fees be made at least quarterly.	78806

Sec. 4104.19. (A) Any person seeking a license to operate as	78807
a steam engineer, high pressure boiler operator, or low pressure	78808
boiler operator shall file a written application with the	78809
superintendent of ~~industrial compliance~~labor on a form prescribed	78810
by the superintendent with the appropriate application fee as set	78811
forth in section 4104.18 of the Revised Code. The application	78812
shall contain information satisfactory to the superintendent to	78813
demonstrate that the applicant meets the requirements of division	78814
(B) of this section. The application shall be filed with the	78815
superintendent not more than sixty days and not less than thirty	78816
days before the license examination is offered.	78817

(B) To qualify to take the examination required to obtain a	78818
steam engineer, high pressure boiler operator, or low pressure	78819
boiler operator license, a person shall meet both of the following	78820
requirements:	78821

(1) Be at least eighteen years of age;

78822

(2) Have one year of experience in the operation of steam	78823
engines, high pressure boilers, or low pressure boilers as	78824
applicable to the type of license being sought, or a combination	78825
of experience and education for the type of license sought as	78826
determined to be acceptable by the superintendent.	78827

(C) No applicant shall qualify to take an examination or to	78828
renew a license if the applicant has violated this chapter or if	78829
the applicant has obtained or renewed a license issued under this	78830
chapter by fraud, misrepresentation, or deception.	78831

(D) The superintendent shall issue a license to each	78832
applicant who receives a passing score on the examination, as	78833
determined by the superintendent, for the license for which the	78834
applicant applied.	78835

(E) The superintendent may select and contract with one or	78836
more persons to do all of the following relative to the	78837
examinations for a license to operate as a steam engineer, high	78838
pressure boiler operator, or low pressure boiler operator:	78839

(1) Prepare, administer, score, and maintain the	78840
confidentiality of the examination;	78841

(2) Maintain responsibility for all expenses required to	78842
fulfill division (E)(1) of this section;	78843

(3) Charge each applicant a fee for administering the	78844
examination, in an amount authorized by the superintendent;	78845

(4) Design the examination for each type of license to	78846
determine an applicant's competence to operate the equipment for	78847
which the applicant is seeking licensure.	78848

(F) Each license issued under this chapter expires one year	78849
after the date of issue. Each person holding a valid, unexpired	78850
license may renew the license, without reexamination, by applying	78851
to the superintendent not more than ninety days before the	78852
expiration of the license, and submitting with the application the	78853
renewal fee established in section 4104.18 of the Revised Code.	78854
Upon receipt of the renewal information and fee, the	78855
superintendent shall issue the licensee a certificate of renewal.	78856

(G) The superintendent, in accordance with Chapter 119. of	78857
the Revised Code, may suspend or revoke any license, or may refuse	78858
to issue a license under this chapter upon finding that a licensee	78859
or an applicant for a license has violated or is violating the	78860
requirements of this chapter.	78861

Sec. 4104.21. On receipt of a notice pursuant to section	78862
3123.43 of the Revised Code, the superintendent of ~~industrial~~	78863
~~compliance~~labor shall comply with sections 3123.41 to 3123.50 of	78864
the Revised Code and any applicable rules adopted under section	78865
3123.63 of the Revised Code with respect to a certificate or	78866
license issued pursuant to this chapter.	78867

Sec. 4104.33. There is hereby created the historical boilers	78868
licensing board consisting of seven members, three of whom shall	78869
be appointed by the governor with the advice and consent of the	78870
senate. The governor shall make initial appointments to the board	78871
within ninety days after ~~the effective date of this section~~	78872
October 24, 2002. Of the initial members appointed by the	78873
governor, one shall be for a term ending three years after ~~the~~	78874
~~effective date of this section~~October 24, 2002, one shall be for	78875
a term ending four years after ~~the effective date of this section~~	78876
October 24, 2002, and one shall be for a term ending five years	78877
after ~~the effective date of this section~~October 24, 2002.	78878
Thereafter, terms of office shall be for five years, each term	78879
ending on the same day of the same month of the year as did the	78880
term that it succeeds. Of the three members the governor appoints,	78881
one member shall be an employee of the division of boiler	78882
inspection in the department of commerce; one member shall be an	78883
independent mechanical engineer who is not involved in selling or	78884
inspecting historical boilers; and one shall be an active member	78885
of an association that represents managers of fairs or festivals.	78886

Two members of the board shall be appointed by the president	78887
of the senate and two members of the board shall be appointed by	78888
the speaker of the house of representatives. The president and	78889
speaker shall make initial appointments to the board within ninety	78890
days after ~~the effective date of this section~~October 24, 2002. Of	78891
the initial members appointed by the president, one shall be for a	78892
term ending four years after ~~the effective date of this section~~	78893
October 24, 2002 and one shall be for a term ending five years	78894
after ~~the effective date of this section~~October 24, 2002. Of the	78895
initial members appointed by the speaker, one shall be for a term	78896
ending three years after ~~the effective date of this section~~	78897
October 24, 2002 and one shall be for a term ending five years	78898
after ~~the effective date of this section~~October 24, 2002.	78899
Thereafter, terms of office shall be for five years, each term	78900
ending on the same day of the same month of the year as did the	78901
term that it succeeds. Of the four members appointed by the	78902
president and speaker, each shall own a historical boiler and also	78903
have at least ten years of experience in the operation of	78904
historical boilers, and each of these four members shall reside in	78905
a different region of the state.	78906

Each member shall hold office from the date of the member's	78907
appointment until the end of the term for which the member was	78908
appointed. Members may be reappointed. Vacancies shall be filled	78909
in the manner provided for initial appointments. Any member	78910
appointed to fill a vacancy occurring prior to the expiration date	78911
of the term for which the member's predecessor was appointed shall	78912
hold office as a member for the remainder of that term. A member	78913
shall continue in office subsequent to the expiration date of the	78914
member's term until the successor takes office or until a period	78915
of sixty days has elapsed, whichever occurs first.	78916

The members of the board, annually, shall elect, by majority	78917
vote, a chairperson from among their members. The board shall meet	78918
at least once annually and at other times at the call of the	78919
chairperson. Board members shall receive their actual and	78920
necessary expenses incurred in the discharge of their duties as	78921
board members.	78922

The superintendent of ~~the division of industrial compliance~~	78923
labor shall furnish office space, staff, and supplies to the board	78924
as the superintendent determines are necessary for the board to	78925
carry out its official duties under sections 4104.33 to 4104.37 of	78926
the Revised Code.	78927

Sec. 4104.42. (A) The owner of any power piping or process	78928
piping system shall ensure that all of the following are performed	78929
in compliance with applicable sections of the B31 standards	78930
contained in the code for pressure piping, published by the	78931
American society of mechanical engineers:	78932

(1) The design, fabrication, assembly, installation, testing,	78933
examination, and inspection of power and process piping systems;	78934

(2) Qualification of personnel and qualification of welding	78935
and brazing procedures;	78936

(3) The implementation of an inspection program.

78937

(B) The owner of a power piping or process piping system	78938
shall do both of the following:	78939

(1) Maintain for five years complete records documenting the	78940
design, examination, and testing of the piping system that include	78941
all of the following:	78942

(a) The specific edition of the code for pressure piping used	78943
in the design;	78944

(b) The design assumptions;

78945

(c) The calculations, piping material specifications, and	78946
construction documents for the piping;	78947

(d) The records of piping alterations;

78948

(e) The piping examination and inspection records.

78949

(2) Disclose the types and quantities of flammable,	78950
combustible, or hazardous materials proposed to be used in the	78951
facility to the building and fire code enforcement authorities who	78952
have inspection authority to enable those authorities to determine	78953
compliance with the rules the board of building standards adopts	78954
pursuant to section 3781.10 of the Revised Code and the rules the	78955
state fire marshal adopts pursuant to section 3737.82 of the	78956
Revised Code.	78957

(C) No person or state agency shall require that the records	78958
described in division (B)(1) of this section be submitted to the	78959
division of ~~industrial compliance~~labor in the department of	78960
commerce or to a certified building department for approval.	78961

(D) Nothing in this section limits the application of	78962
Chapters 4703. and 4733. of the Revised Code.	78963

Sec. 4104.43. (A)(1) The board of building standards shall	78964
adopt rules establishing requirements for the design,	78965
installation, inspection of and design review procedure for	78966
building services piping.	78967

(2) The board of building standards shall adopt rules	78968
establishing requirements for the design, installation, inspection	78969
of and design review procedure for nonflammable medical gas,	78970
medical oxygen, and medical vacuum piping systems.	78971

(B) A municipal, township, or county building department	78972
certified under division (E) of section 3781.10 of the Revised	78973
Code shall enforce the rules the board adopts pursuant to division	78974
(A)(2) of this section if that building department requests and	78975
obtains special certification to enforce those rules.	78976

(C) In a health district where no municipal, township, or	78977
county building department is specially certified under division	78978
(B) of this section, an employee of the health district shall	78979
enforce the rules adopted pursuant to division (A)(2) of this	78980
section if both of the following conditions are satisfied:	78981

(1) The health district employee requests and obtains special	78982
certification by the board to enforce those rules.	78983

(2) The health district notifies the superintendent of the	78984
division of ~~industrial compliance~~labor in the department of	78985
commerce that the health district's specially certified employee	78986
shall enforce those rules.	78987

(D) In a jurisdiction where enforcement authority as	78988
described in divisions (B) and (C) of this section does not exist,	78989
the superintendent of ~~the division of industrial compliance~~labor	78990
shall enforce the rules the board adopts pursuant to division	78991
(A)(2) of this section.	78992

Sec. 4104.44. All welding and brazing of metallic piping	78993
systems shall be performed in accordance with section IX of the	78994
boiler and pressure vessel code, published by the American society	78995
of mechanical engineers. The owner shall maintain, at the job	78996
site, the certified performance qualification records of all	78997
welders and brazers employed at the facility. The owner shall	78998
submit copies of all certified welding and brazing procedure	78999
specifications, procedure qualification records, and performance	79000
qualification records for building services piping for review to	79001
the superintendent of ~~the division of industrial compliance~~labor	79002
in the department of commerce in accordance with rules the	79003
superintendent adopts. The submission shall be accompanied by the	79004
fee the superintendent establishes.	79005

Sec. 4104.48. (A) No person shall violate sections 4104.41	79006
to 4104.48 of the Revised Code, fail to perform any duty lawfully	79007
enjoined in connection with those sections, or fail to comply with	79008
any order issued by the superintendent of ~~the division of~~	79009
~~industrial compliance~~labor or any judgment or decree issued by	79010
any court in connection with the enforcement of sections 4104.41	79011
to 4104.48 of the Revised Code.	79012

(B) Every day during which a person violates sections 4104.41	79013
to 4104.48 of the Revised Code, fails to perform any duty lawfully	79014
enjoined in connection with those sections, or fails to comply	79015
with any order issued by the superintendent ~~of the division of~~	79016
~~industrial compliance~~ or any judgment or decree issued by any	79017
court in connection with the enforcement of sections 4104.41 to	79018
4104.48 of the Revised Code constitutes a separate offense.	79019

Sec. 4105.01. As used in this chapter:

79020

(A) "Elevator" means a hoisting and lowering apparatus	79021
equipped with a car, cage, or platform which moves on or between	79022
permanent rails or guides and serves two or more fixed landings in	79023
a building or structure to which section 3781.06 of the Revised	79024
Code applies. "Elevator" includes dumb-waiters other than	79025
hand-powered dumb-waiters, escalators, ~~manlifts~~peoplelifts,	79026
moving walks, of the endless belt type, other lifting or lowering	79027
apparatus permanently installed on or between rails or guides, and	79028
all equipment, machinery, and construction related to any	79029
elevator; but does not include construction hoists and other	79030
similar temporary lifting or lowering apparatuses, ski lifts,	79031
traveling, portable amusement rides or devices that are not	79032
affixed to a permanent foundation, or nonportable amusement rides	79033
or devices that are affixed to a permanent foundation.	79034

(B) "Passenger elevator" means an elevator that is designed	79035
to carry persons to its contract capacity.	79036

(C) "Freight elevator" means an elevator normally used for	79037
carrying freight and on which only the operator and employees in	79038
the pursuit of their duties, by the permission of the employer,	79039
are allowed to ride.	79040

(D) "Gravity elevator" means an elevator utilizing gravity to	79041
move.	79042

(E) "General inspector" means a state inspector examined and	79043
hired to inspect elevators and lifting apparatus for that state.	79044

(F) "Special inspector" means an inspector examined and	79045
commissioned by the superintendent of ~~the division of industrial~~	79046
~~compliance~~labor to inspect elevators and lifting apparatus in the	79047
state.	79048

(G) "Inspector" means either a general or special inspector.

79049

Sec. 4105.02. No person may act, either as a general	79050
inspector or as a special inspector, of elevators, unless hethe	79051
person holds a certificate of competency from the division of	79052
~~industrial compliance~~labor.	79053

Application for examination as an inspector of elevators	79054
shall be in writing, accompanied by a fee to be established as	79055
provided in section 4105.17 of the Revised Code, and upon a blank	79056
to be furnished by the division, stating the school education of	79057
the applicant, a list of ~~his~~the applicant's employers, ~~his~~the	79058
applicant's period of employment, and the position held with each.	79059
An applicant shall also submit a letter from one or more of ~~his~~	79060
the applicant's previous employers certifying as to ~~his~~the	79061
applicant's character and experience.	79062

Applications shall be rejected which contain any willful	79063
falsification or untruthful statements. An applicant, if the	79064
division considers ~~his~~the applicant's history and experience	79065
sufficient, shall be examined by the superintendent of ~~the~~	79066
~~division of industrial compliance~~labor by a written examination	79067
dealing with the construction, installation, operation,	79068
maintenance, and repair of elevators and their appurtenances, and	79069
the applicant shall be accepted or rejected on the merits of ~~his~~	79070
the applicant's application and examination.	79071

The superintendent shall issue a certificate of competency in	79072
the inspection of elevators to any applicant found competent upon	79073
examination. A rejected applicant shall be entitled, after the	79074
expiration of ninety days and upon payment of an examination fee	79075
to be established as provided in section 4105.17 of the Revised	79076
Code, to another examination. Should an applicant fail to pass the	79077
prescribed examination on second trial, hethe applicant will not	79078
be permitted to be an applicant for another examination for a	79079
period of one year after the second examination.	79080

Sec. 4105.03. The superintendent of ~~the division of~~	79081
~~industrial compliance~~labor, with the consent of the director of	79082
commerce, shall hire an assistant who has at least ten years of	79083
experience in the construction, installation, maintenance, and	79084
repair of elevators and their appurtenances.	79085

The superintendent, with the consent of the director of	79086
~~commerce~~, and in compliance with Chapter 124. of the Revised Code,	79087
may appoint and hire general inspectors of elevators from the	79088
holders of certificates of competency.	79089

Sec. 4105.04. From the holders of certificates of competency	79090
in the inspection of elevators, any company that is authorized to	79091
insure elevators in the state, may designate persons to inspect	79092
elevators covered by such company's policies, and the department	79093
of public safety of any city and the clerk of any village may	79094
designate persons to inspect elevators in such city or village.	79095
Such persons shall, upon the payment of a fee to be established as	79096
provided in section 4105.17 of the Revised Code, have issued to	79097
them annually by the division of ~~industrial compliance~~labor,	79098
commissions to serve as special inspectors of elevators in the	79099
state.	79100

Sec. 4105.05. A commission to serve as a special inspector	79101
may be suspended or revoked by the superintendent of ~~the division~~	79102
~~of industrial compliance~~labor, for the incompetence or	79103
untrustworthiness of the holder thereof, or for the falsification	79104
of any matter or statement contained in ~~his~~the holder's	79105
application or in a report of any inspection.	79106

Sec. 4105.06. If a certificate or commission issued under	79107
sections 4105.02 and 4105.04 of the Revised Code is lost or	79108
destroyed a new one shall be issued in its place by the division	79109
of ~~industrial compliance~~labor without another examination, upon	79110
the payment of a fee to be established as provided in section	79111
4105.07 of the Revised Code.	79112

Sec. 4105.09. The owner or user of any elevator shall	79113
register, with the division of ~~industrial compliance~~labor, every	79114
elevator operated by ~~him~~the owner or user, giving the type,	79115
capacity, and description, name of manufacturer, and purpose for	79116
which each is used. Such registration shall be made on a form to	79117
be furnished by the division.	79118

Sec. 4105.11. The inspection of elevators shall be made by	79119
the inspectors authorized in sections 4105.03 and 4105.04 of the	79120
Revised Code, under the supervision of the superintendent of ~~the~~	79121
~~division of industrial compliance~~labor, and the superintendent	79122
shall enforce this chapter and any rules adopted pursuant thereto.	79123

Every inspector shall forward to the superintendent a full	79124
and complete report of each inspection made of any elevator and	79125
shall, on the day the inspection is completed, leave a copy of	79126
such report with the owner or operator of the elevator, or ~~his~~the	79127
owner's or operator's agent or representative. Such report shall	79128
indicate the exact condition of the elevator and shall list any	79129
and all of the provisions of this chapter and any rules adopted	79130
pursuant thereto, with which the elevator does not comply. Before	79131
attempting to enforce, by any remedy, civil or criminal, the	79132
provisions with which the inspected elevator does not comply, the	79133
chief shall issue an adjudication order within the meaning of	79134
Chapter 119. of the Revised Code.	79135

The approval of construction plans, or an application of	79136
specifications under section 4105.16 of the Revised Code is a	79137
license, and the failure to approve such plans or specifications	79138
by the chief within sixty days after they are filed is an	79139
adjudication order denying the issuance of a license.	79140

Every adjudication order shall specify what appliances, site	79141
preparations, additions, repairs, or alterations to any elevators,	79142
plans, materials, assemblages, or procedures are necessary for the	79143
same to comply with this chapter, or any rules adopted pursuant	79144
thereto. Such adjudication order shall be issued pursuant to	79145
Chapter 119. of the Revised Code and shall be effective without	79146
prior hearing, within thirty days after the receipt of such order,	79147
the owner of the elevator specified therein may appeal to the	79148
board of building appeals under section 3781.19 of the Revised	79149
Code.	79150

Notwithstanding the provisions of Chapter 119. of the Revised	79151
Code relating to adjudication hearings, a stenographic or	79152
mechanical record of the testimony and other evidence submitted	79153
before the board of building appeals shall be taken at the expense	79154
of the agency. A party adversely affected by an order issued	79155
following such adjudication hearing may appeal to the court of	79156
common pleas of the county in which hethe party is a resident or	79157
in which the elevator affected by such order is located. The court	79158
in such case shall not be confined to the record as certified to	79159
it by the agency, but any party may produce additional evidence	79160
and the court shall hear the matter upon such record and such	79161
additional evidence as is introduced by any party. The court shall	79162
not affirm the order of the agency unless the preponderance of the	79163
evidence before it supports the reasonableness and lawfulness of	79164
such order, and of any rules upon which the order of the agency is	79165
based in its application to the facts involved in the appeal.	79166

Failure to comply with the requirements of any order issued	79167
pursuant to this section or the continued operation of any	79168
elevator after it has been sealed pursuant to section 4105.21 of	79169
the Revised Code is hereby declared a public nuisance.	79170

Sec. 4105.12. (A) The superintendent of ~~the division of~~	79171
~~industrial compliance~~labor shall adopt, amend, and repeal rules	79172
exclusively for the issuance, renewal, suspension, and revocation	79173
of certificates of competency and certificates of operation, for	79174
the conduct of hearings related to these actions, and for the	79175
inspection of elevators.	79176

(B) Notwithstanding division (A) of this section, the	79177
superintendent shall not adopt rules relating to construction,	79178
maintenance, and repair of elevators.	79179

Sec. 4105.13. Every elevator shall be constructed, equipped,	79180
maintained, and operated, with respect to the supporting members,	79181
elevator car, shaftways, guides, cables, doors, and gates, safety	79182
stops and mechanism, electrical apparatus and wiring, mechanical	79183
apparatus, counterweights, and all other appurtenances, in	79184
accordance with state laws and rules as are authorized in respect	79185
thereto. Where reasonable safety is obtained without complying to	79186
the literal requirements of such rules as in cases of practical	79187
difficulty or unnecessary hardship, the literal requirements of	79188
such rules shall not be required. The superintendent of ~~the~~	79189
~~division of industrial compliance~~labor may permit the	79190
installation of vertical wheelchair lifts in public buildings to	79191
provide for handicapped accessibility where such lifts do not meet	79192
the literal requirements of the rules adopted by the board of	79193
building standards pursuant to section 4105.011 of the Revised	79194
Code, provided that reasonable safety may be obtained.	79195

Sec. 4105.15. No certificate of operation for any elevator	79196
shall be issued by the director of commerce until such elevator	79197
has been inspected as required by this chapter. Certificates of	79198
operation shall be renewed by the owner or user of the elevator in	79199
accordance with rules adopted by the superintendent of ~~the~~	79200
~~division of industrial compliance~~labor pursuant to section	79201
4105.12 of the Revised Code.	79202

Sec. 4105.16. Before any new installation of an elevator of	79203
permanent nature is erected or before any existing elevator is	79204
removed to and installed in a different location, an application	79205
of specifications in duplicate shall be submitted to the division	79206
of ~~industrial compliance~~labor giving such information concerning	79207
the construction, installation, and operation of said elevator as	79208
the division may require on forms to be furnished by the division,	79209
together with complete construction plans in duplicate. In all	79210
cases where any changes or repairs are made which alter its	79211
construction of classification, grade or rated lifting capacity,	79212
except when made pursuant to a report of an inspector, an	79213
application of specifications in duplicate shall be submitted to	79214
the division, containing such information, or approval, except in	79215
those municipal corporations which maintain their own elevator	79216
inspection departments, in which event such specifications shall	79217
be submitted to the elevator department of the municipal	79218
corporation for its approval, and if approved, a permit for the	79219
erection or repair of such elevator shall be issued by the	79220
municipal corporation. Upon approval of such application and	79221
construction plans, the superintendent of ~~industrial compliance~~	79222
labor shall issue a permit for the erection or repair of such	79223
elevator. No new elevator shall be operated until completion in	79224
accordance with the approved plans and specifications, unless a	79225
temporary permit is granted by the division.	79226

The final inspection, before operation, of a permanent, new	79227
or repaired elevator shall be made by a general inspector or a	79228
special inspector designated by the superintendent.	79229

Sec. 4105.17. (A) The fee for each inspection, or attempted	79230
inspection that, due to no fault of a general inspector or the	79231
division of ~~industrial compliance~~labor, is not successfully	79232
completed, by a general inspector before the operation of a	79233
permanent new elevator prior to the issuance of a certificate of	79234
operation, before operation of an elevator being put back into	79235
service after a repair or after an adjudication under section	79236
4105.11 of the Revised Code, or as a result of the operation of	79237
section 4105.08 of the Revised Code and is an elevator required	79238
to be inspected under this chapter is one hundred twenty dollars	79239
plus ten dollars for each floor where the elevator stops. The	79240
superintendent of ~~industrial compliance~~labor may assess an	79241
additional fee of one hundred ~~twenty-five~~twenty dollars plus ~~five~~	79242
ten dollars for each floor where an elevator stops for the	79243
reinspection of an elevator when a previous attempt to inspect	79244
that elevator has been unsuccessful through no fault of a general	79245
inspector or the division ~~of industrial compliance~~.	79246

(B) The fee for each inspection, or attempted inspection,	79247
that due to no fault of the general inspector or the division of	79248
~~industrial compliance,~~ is not successfully completed by a general	79249
inspector before operation of a permanent new escalator or moving	79250
walk prior to the issuance of a certificate of operation, before	79251
operation of an escalator or moving walk being put back in service	79252
after a repair, or as a result of the operation of section 4105.08	79253
of the Revised Code is three hundred dollars. The superintendent	79254
~~of the division of industrial compliance~~ may assess an additional	79255
fee of one hundred fifty dollars for the reinspection of an	79256
escalator or moving walk when a previous attempt to inspect that	79257
escalator or moving walk has been unsuccessful through no fault of	79258
the general inspector or the division ~~of industrial compliance~~.	79259

(C) The fee for issuing or renewing a certificate of	79260
operation under section 4105.15 of the Revised Code for an	79261
elevator that is inspected every six months in accordance with	79262
division (A) of section 4105.10 of the Revised Code is two hundred	79263
twenty dollars plus ~~ten~~twelve dollars for each floor where the	79264
elevator stops, except where the elevator has been inspected by a	79265
special inspector in accordance with section 4105.07 of the	79266
Revised Code.	79267

(D) The fee for issuing or renewing a certificate of	79268
operation under section 4105.05 of the Revised Code for an	79269
elevator that is inspected every twelve months in accordance with	79270
division (A) of section 4105.10 of the Revised Code is fifty-five	79271
dollars plus ten dollars for each floor where the elevator stops,	79272
except where the elevator has been inspected by a special	79273
inspector in accordance with section 4105.07 of the Revised Code.	79274

(E) The fee for issuing or renewing a certificate of	79275
operation under section 4105.15 of the Revised Code for an	79276
escalator or moving walk is three hundred dollars, except where	79277
the escalator or moving walk has been inspected by a special	79278
inspector in accordance section 4105.07 of the Revised Code.	79279

(F) All other fees to be charged for any examination given or	79280
other service performed by the division ~~of industrial compliance~~	79281
pursuant to this chapter shall be prescribed by the director of	79282
commerce. The fees shall be reasonably related to the costs of	79283
such examination or other service.	79284

(G) The director ~~of commerce~~, subject to the approval of the	79285
controlling board, may establish fees in excess of the fees	79286
provided in divisions (A), (B), (C), (D), and (E) of this section.	79287
Any moneys collected under this section shall be paid into the	79288
state treasury to the credit of the ~~industrial compliance~~labor	79289
operating fund created in section 121.084 of the Revised Code.	79290

(H) Any person who fails to pay an inspection fee required	79291
for any inspection conducted by the division pursuant to this	79292
chapter within forty-five days after the inspection is conducted	79293
shall pay a late payment fee equal to twenty-five per cent of the	79294
inspection fee.	79295

(I) In addition to the fees assessed in divisions (A), (B),	79296
(C), (D), and (E) of this section, the board of building standards	79297
shall assess a fee of three dollars and twenty-five cents for each	79298
certificate of operation or renewal thereof issued under	79299
divisions (A), (B), (C), (D), or (E) of this section and for each	79300
permit issued under section 4105.16 of the Revised Code. The	79301
board shall adopt rules, in accordance with Chapter 119. of the	79302
Revised Code, specifying the manner by which the superintendent	79303
~~of industrial compliance~~ shall collect and remit to the board the	79304
fees assessed under this division and requiring that remittance	79305
of the fees be made at least quarterly.	79306

(J) For purposes of this section:

79307

(1) "Escalator" means a power driven, inclined, continuous	79308
stairway used for raising or lowering passengers.	79309

(2) "Moving walk" means a passenger carrying device on which	79310
passengers stand or walk, with a passenger carrying surface that	79311
is uninterrupted and remains parallel to its direction of motion.	79312

Sec. 4105.191. Any person owning or operating any elevator	79313
subject to this chapter shall file a written report with the	79314
superintendent of ~~the division of industrial compliance~~labor	79315
within seventy-two hours after the occurrence of any accident	79316
involving such elevator which results in death or bodily injury to	79317
any person.	79318

Sec. 4105.20. No person shall violate any law relative to	79319
the operation, construction, maintenance, and repair of elevators.	79320
All fines collected for violation of this section shall be	79321
forwarded to the superintendent of ~~the division of industrial~~	79322
~~compliance~~labor, who shall pay them into the state treasury to	79323
the credit of the ~~industrial compliance~~labor operating fund	79324
created in section 121.084 of the Revised Code.	79325

Sec. 4105.21. The superintendent of ~~the division of~~	79326
~~industrial compliance~~labor shall enforce this chapter. If the	79327
superintendent or a general inspector of elevators finds that an	79328
elevator or a part thereof does not afford reasonable safety as	79329
required by section 4105.13 of the Revised Code, the	79330
superintendent or the general inspector may seal such elevator and	79331
post a notice thereon prohibiting further use of the elevator	79332
until the changes or alterations set forth in the notice have been	79333
made to the satisfaction of the superintendent or the inspector.	79334
The notice shall contain a statement that operators or passengers	79335
are subject to injury by its continued use, a description of the	79336
alteration or other change necessary to be made in order to secure	79337
safety of operation, date of such notice, name and signature of	79338
the superintendent or inspector issuing the notice.	79339

Sec. 4112.01. (A) As used in this chapter:

79340

(1) "Person" includes one or more individuals, partnerships,	79341
associations, organizations, corporations, legal representatives,	79342
trustees, trustees in bankruptcy, receivers, and other organized	79343
groups of persons. "Person" also includes, but is not limited to,	79344
any owner, lessor, assignor, builder, manager, broker,	79345
salesperson, appraiser, agent, employee, lending institution, and	79346
the state and all political subdivisions, authorities, agencies,	79347
boards, and commissions of the state.	79348

(2) "Employer" includes the state, any political subdivision	79349
of the state, any person employing four or more persons within the	79350
state, and any person acting directly or indirectly in the	79351
interest of an employer.	79352

(3) "Employee" means an individual employed by any employer	79353
but does not include any individual employed in the domestic	79354
service of any person.	79355

(4) "Labor organization" includes any organization that	79356
exists, in whole or in part, for the purpose of collective	79357
bargaining or of dealing with employers concerning grievances,	79358
terms or conditions of employment, or other mutual aid or	79359
protection in relation to employment.	79360

(5) "Employment agency" includes any person regularly	79361
undertaking, with or without compensation, to procure	79362
opportunities to work or to procure, recruit, refer, or place	79363
employees.	79364

(6) "Commission" means the Ohio civil rights commission	79365
created by section 4112.03 of the Revised Code.	79366

(7) "Discriminate" includes segregate or separate.

79367

(8) "Unlawful discriminatory practice" means any act	79368
prohibited by section 4112.02, 4112.021, or 4112.022 of the	79369
Revised Code.	79370

(9) "Place of public accommodation" means any inn,	79371
restaurant, eating house, barbershop, public conveyance by air,	79372
land, or water, theater, store, other place for the sale of	79373
merchandise, or any other place of public accommodation or	79374
amusement of which the accommodations, advantages, facilities, or	79375
privileges are available to the public.	79376

(10) "Housing accommodations" includes any building or	79377
structure, or portion of a building or structure, that is used or	79378
occupied or is intended, arranged, or designed to be used or	79379
occupied as the home residence, dwelling, dwelling unit, or	79380
sleeping place of one or more individuals, groups, or families	79381
whether or not living independently of each other; and any vacant	79382
land offered for sale or lease. "Housing accommodations" also	79383
includes any housing accommodations held or offered for sale or	79384
rent by a real estate broker, salesperson, or agent, by any other	79385
person pursuant to authorization of the owner, by the owner, or by	79386
the owner's legal representative.	79387

(11) "Restrictive covenant" means any specification limiting	79388
the transfer, rental, lease, or other use of any housing	79389
accommodations because of race, color, religion, sex, military	79390
status, familial status, national origin, disability, or ancestry,	79391
or any limitation based upon affiliation with or approval by any	79392
person, directly or indirectly, employing race, color, religion,	79393
sex, military status, familial status, national origin,	79394
disability, or ancestry as a condition of affiliation or approval.	79395

(12) "Burial lot" means any lot for the burial of deceased	79396
persons within any public burial ground or cemetery, including,	79397
but not limited to, cemeteries owned and operated by municipal	79398
corporations, townships, or companies or associations incorporated	79399
for cemetery purposes.	79400

(13) "Disability" means a physical or mental impairment that	79401
substantially limits one or more major life activities, including	79402
the functions of caring for one's self, performing manual tasks,	79403
walking, seeing, hearing, speaking, breathing, learning, and	79404
working; a record of a physical or mental impairment; or being	79405
regarded as having a physical or mental impairment.	79406

(14) Except as otherwise provided in section 4112.021 of the	79407
Revised Code, "age" means at least forty years old.	79408

(15) "Familial status" means either of the following:

79409

(a) One or more individuals who are under eighteen years of	79410
age and who are domiciled with a parent or guardian having legal	79411
custody of the individual or domiciled, with the written	79412
permission of the parent or guardian having legal custody, with a	79413
designee of the parent or guardian;	79414

(b) Any person who is pregnant or in the process of securing	79415
legal custody of any individual who is under eighteen years of	79416
age.	79417

(16)(a) Except as provided in division (A)(16)(b) of this	79418
section, "physical or mental impairment" includes any of the	79419
following:	79420

(i) Any physiological disorder or condition, cosmetic	79421
disfigurement, or anatomical loss affecting one or more of the	79422
following body systems: neurological; musculoskeletal; special	79423
sense organs; respiratory, including speech organs;	79424
cardiovascular; reproductive; digestive; genito-urinary; hemic and	79425
lymphatic; skin; and endocrine;	79426

(ii) Any mental or psychological disorder, including, but not	79427
limited to, mental retardation, organic brain syndrome, emotional	79428
or mental illness, and specific learning disabilities;	79429

(iii) Diseases and conditions, including, but not limited to,	79430
orthopedic, visual, speech, and hearing impairments, cerebral	79431
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	79432
cancer, heart disease, diabetes, human immunodeficiency virus	79433
infection, mental retardation, emotional illness, drug addiction,	79434
and alcoholism.	79435

(b) "Physical or mental impairment" does not include any of	79436
the following:	79437

(i) Homosexuality and bisexuality;

79438

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	79439
voyeurism, gender identity disorders not resulting from physical	79440
impairments, or other sexual behavior disorders;	79441

(iii) Compulsive gambling, kleptomania, or pyromania;

79442

(iv) Psychoactive substance use disorders resulting from the	79443
current illegal use of a controlled substance or the current use	79444
of alcoholic beverages.	79445

(17) "Dwelling unit" means a single unit of residence for a	79446
family of one or more persons.	79447

(18) "Common use areas" means rooms, spaces, or elements	79448
inside or outside a building that are made available for the use	79449
of residents of the building or their guests, and includes, but is	79450
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	79451
rooms, mail rooms, recreational areas, and passageways among and	79452
between buildings.	79453

(19) "Public use areas" means interior or exterior rooms or	79454
spaces of a privately or publicly owned building that are made	79455
available to the general public.	79456

(20) "Controlled substance" has the same meaning as in	79457
section 3719.01 of the Revised Code.	79458

(21) "Disabled tenant" means a tenant or prospective tenant	79459
who is a person with a disability.	79460

(22) "Military status" means a person's status in "service in	79461
the uniformed services" as defined in section 5923.05 of the	79462
Revised Code.	79463

(23) "Aggrieved person" means both of the following:

79464

(a) Any person who claims to have been injured by, or who	79465
believes that the person will be injured by, any unlawful	79466
discriminatory practice described in division (H) of section	79467
4112.02 of the Revised Code;	79468

(b) Any individual, fair housing enforcement organization as	79469
defined in 42 U.S.C. 3616a, other private nonprofit fair housing	79470
enforcement organization, or nonprofit group performing	79471
investigations and enforcement activities designed to identify,	79472
eliminate, and remedy the unlawful discriminatory practices	79473
described in division (H) of section 4112.02 of the Revised Code.	79474

(B) For the purposes of divisions (A) to (F) of section	79475
4112.02 of the Revised Code, the terms "because of sex" and "on	79476
the basis of sex" include, but are not limited to, because of or	79477
on the basis of pregnancy, any illness arising out of and	79478
occurring during the course of a pregnancy, childbirth, or related	79479
medical conditions. Women affected by pregnancy, childbirth, or	79480
related medical conditions shall be treated the same for all	79481
employment-related purposes, including receipt of benefits under	79482
fringe benefit programs, as other persons not so affected but	79483
similar in their ability or inability to work, and nothing in	79484
division (B) of section 4111.17 of the Revised Code shall be	79485
interpreted to permit otherwise. This division shall not be	79486
construed to require an employer to pay for health insurance	79487
benefits for abortion, except where the life of the mother would	79488
be endangered if the fetus were carried to term or except where	79489
medical complications have arisen from the abortion, provided that	79490
nothing in this division precludes an employer from providing	79491
abortion benefits or otherwise affects bargaining agreements in	79492
regard to abortion.	79493

Sec. 4112.04. (A) The commission shall do all of the	79494
following:	79495

(1) Establish and maintain a principal office in the city of	79496
Columbus and any other offices within the state that it considers	79497
necessary;	79498

(2) Appoint an executive director who shall serve at the	79499
pleasure of the commission and be its principal administrative	79500
officer. The executive director shall be paid a salary fixed	79501
pursuant to Chapter 124. of the Revised Code.	79502

(3) Appoint hearing examiners and other employees and agents	79503
who it considers necessary and prescribe their duties subject to	79504
Chapter 124. of the Revised Code;	79505

(4) Adopt, promulgate, amend, and rescind rules to effectuate	79506
the provisions of this chapter and the policies and practice of	79507
the commission in connection with this chapter;	79508

(5) Formulate policies to effectuate the purposes of this	79509
chapter and make recommendations to agencies and officers of the	79510
state or political subdivisions to effectuate the policies;	79511

(6) Receive, investigate, and pass upon written charges made	79512
under oath of unlawful discriminatory practices;	79513

(7) Make periodic surveys of the existence and effect of	79514
discrimination because of race, color, religion, sex, military	79515
status, familial status, national origin, disability, age, or	79516
ancestry on the enjoyment of civil rights by persons within the	79517
state;	79518

(8) Report, from time to time, but not less than once a year,	79519
to the general assembly and the governor, describing in detail the	79520
investigations, proceedings, and hearings it has conducted and	79521
their outcome, the decisions it has rendered, and the other work	79522
performed by it, which report shall include a copy of any surveys	79523
prepared pursuant to division (A)(7) of this section and shall	79524
include the recommendations of the commission as to legislative or	79525
other remedial action;	79526

(9) Prepare a comprehensive educational program, in	79527
cooperation with the department of education, for the students of	79528
the public schools of this state and for all other residents of	79529
this state that is designed to eliminate prejudice on the basis of	79530
race, color, religion, sex, military status, familial status,	79531
national origin, disability, age, or ancestry in this state, to	79532
further good will among those groups, and to emphasize the origin	79533
of prejudice against those groups, its harmful effects, and its	79534
incompatibility with American principles of equality and fair	79535
play;	79536

(10) Receive progress reports from agencies,	79537
instrumentalities, institutions, boards, commissions, and other	79538
entities of this state or any of its political subdivisions and	79539
their agencies, instrumentalities, institutions, boards,	79540
commissions, and other entities regarding affirmative action	79541
programs for the employment of persons against whom discrimination	79542
is prohibited by this chapter, or regarding any affirmative	79543
housing accommodations programs developed to eliminate or reduce	79544
an imbalance of race, color, religion, sex, military status,	79545
familial status, national origin, disability, or ancestry. All	79546
agencies, instrumentalities, institutions, boards, commissions,	79547
and other entities of this state or its political subdivisions,	79548
and all political subdivisions, that have undertaken affirmative	79549
action programs pursuant to a conciliation agreement with the	79550
commission, an executive order of the governor, any federal	79551
statute or rule, or an executive order of the president of the	79552
United States shall file progress reports with the commission	79553
annually on or before the first day of November. The commission	79554
shall analyze and evaluate the progress reports and report its	79555
findings annually to the general assembly on or before the	79556
thirtieth day of January of the year immediately following the	79557
receipt of the reports.	79558

(B) The commission may do any of the following:

79559

(1) Meet and function at any place within the state;

79560

(2) Initiate and undertake on its own motion investigations	79561
of problems of employment or housing accommodations	79562
discrimination;	79563

(3) Hold hearings, subpoena witnesses, compel their	79564
attendance, administer oaths, take the testimony of any person	79565
under oath, require the production for examination of any books	79566
and papers relating to any matter under investigation or in	79567
question before the commission, and make rules as to the issuance	79568
of subpoenas by individual commissioners.	79569

(a) In conducting a hearing or investigation, the commission	79570
shall have access at all reasonable times to premises, records,	79571
documents, individuals, and other evidence or possible sources of	79572
evidence and may examine, record, and copy the premises, records,	79573
documents, and other evidence or possible sources of evidence and	79574
take and record the testimony or statements of the individuals as	79575
reasonably necessary for the furtherance of the hearing or	79576
investigation. In investigations, the commission shall comply with	79577
the fourth amendment to the United States Constitution relating to	79578
unreasonable searches and seizures. The commission or a member of	79579
the commission may issue subpoenas to compel access to or the	79580
production of premises, records, documents, and other evidence or	79581
possible sources of evidence or the appearance of individuals, and	79582
may issue interrogatories to a respondent, to the same extent and	79583
subject to the same limitations as would apply if the subpoenas or	79584
interrogatories were issued or served in aid of a civil action in	79585
a court of common pleas.	79586

(b) Upon written application by a ~~respondent~~party to a	79587
hearing under division (B) of section 4112.05 of the Revised Code,	79588
the commission shall issue subpoenas in its name to the same	79589
extent and subject to the same limitations as subpoenas issued by	79590
the commission. Subpoenas issued at the request of a ~~respondent~~	79591
party shall show on their face the name and address of the	79592
~~respondent~~party and shall state that they were issued at the	79593
~~respondent's~~party's request.	79594

(c) Witnesses summoned by subpoena of the commission are	79595
entitled to the witness and mileage fees provided for under	79596
section 119.094 of the Revised Code.	79597

(d) Within five days after service of a subpoena upon any	79598
person, the person may petition the commission to revoke or modify	79599
the subpoena. The commission shall grant the petition if it finds	79600
that the subpoena requires an appearance or attendance at an	79601
unreasonable time or place, that it requires production of	79602
evidence that does not relate to any matter before the commission,	79603
that it does not describe with sufficient particularity the	79604
evidence to be produced, that compliance would be unduly onerous,	79605
or for other good reason.	79606

(e) In case of contumacy or refusal to obey a subpoena, the	79607
commission or person at whose request it was issued may petition	79608
for its enforcement in the court of common pleas in the county in	79609
which the person to whom the subpoena was addressed resides, was	79610
served, or transacts business.	79611

(4) Create local or statewide advisory agencies and	79612
conciliation councils to aid in effectuating the purposes of this	79613
chapter. The commission may itself, or it may empower these	79614
agencies and councils to, do either or both of the following:	79615

(a) Study the problems of discrimination in all or specific	79616
fields of human relationships when based on race, color, religion,	79617
sex, military status, familial status, national origin,	79618
disability, age, or ancestry;	79619

(b) Foster through community effort, or otherwise, good will	79620
among the groups and elements of the population of the state.	79621

The agencies and councils may make recommendations to the	79622
commission for the development of policies and procedures in	79623
general. They shall be composed of representative citizens who	79624
shall serve without pay, except that reimbursement for actual and	79625
necessary traveling expenses shall be made to citizens who serve	79626
on a statewide agency or council.	79627

(5) Issue any publications and the results of investigations	79628
and research that in its judgment will tend to promote good will	79629
and minimize or eliminate discrimination because of race, color,	79630
religion, sex, military status, familial status, national origin,	79631
disability, age, or ancestry.	79632

Sec. 4112.051. (A)(1) Aggrieved persons may enforce the	79633
rights granted by division (H) of section 4112.02 of the Revised	79634
Code by filing a civil action in the court of common pleas of the	79635
county in which the alleged unlawful discriminatory practice	79636
occurred within one year after it allegedly occurred. Upon	79637
application by an aggrieved person, upon a proper showing, and	79638
under circumstances that it considers just, a court of common	79639
pleas may appoint an attorney for the aggrieved person and	79640
authorize the commencement of a civil action under this division	79641
without the payment of costs.	79642

Each party to a civil action under this division has the	79643
right to a jury trial of the action. To assert the right, a party	79644
shall demand a jury trial in the manner prescribed in the Rules of	79645
Civil Procedure. If a party demands a jury trial in that manner,	79646
the civil action shall be tried to a jury.	79647

(2)(a) If a complaint is issued by the commission under	79648
division (B)(5) of section 4112.05 of the Revised Code for one or	79649
more alleged unlawful discriminatory practices described in	79650
division (H) of section 4112.02 of the Revised Code, the	79651
complainant, any aggrieved person on whose behalf the complaint is	79652
issued, or the respondent may elect, following receipt of the	79653
relevant notice described in division (B)(5) of section 4112.05 of	79654
the Revised Code, to proceed with the administrative hearing	79655
process under that section or to have the alleged unlawful	79656
discriminatory practices covered by the complaint addressed in a	79657
civil action commenced in accordance with divisions (A)(1) and	79658
(2)(b) of this section. An election to have the alleged unlawful	79659
discriminatory practices so addressed shall be made in a writing	79660
that is sent by certified mail, return receipt requested, to the	79661
commission, to the civil rights section of the office of the	79662
attorney general, and to the other parties to the pending	79663
administrative process within thirty days after the electing	79664
complainant, aggrieved person, or respondent received the relevant	79665
notice described in division (B)(5) of section 4112.05 of the	79666
Revised Code.	79667

(b) Upon receipt of a timely mailed election to have the	79668
alleged unlawful discriminatory practices addressed in a civil	79669
action, the commission shall authorize the office of the attorney	79670
general to commence and maintain the civil action in the court of	79671
common pleas of the county in which the alleged unlawful	79672
discriminatory practices occurred. Notwithstanding the period of	79673
limitations specified in division (A)(1) of this section, the	79674
office of the attorney general shall commence the civil action	79675
within thirty days after the receipt of the commission's	79676
authorization to commence the civil action.	79677

(c) Upon commencement of the civil action in accordance with	79678
division (A)(2)(b) of this section, the commission shall prepare	79679
an order dismissing the complaint in the pending administrative	79680
matter and serve a copy of the order upon the complainant, each	79681
aggrieved person on whose behalf the complaint was issued, and the	79682
respondent.	79683

(d) If an election to have the alleged unlawful	79684
discriminatory practices addressed in a civil action is not filed	79685
in accordance with division (A)(2)(a) of this section, the	79686
commission shall continue with the administrative hearing process	79687
described in section 4112.05 of the Revised Code.	79688

(e) With respect to the issues to be determined in a civil	79689
action commenced in accordance with division (A)(2)(b) of this	79690
section, the complainant and any aggrieved person may intervene as	79691
a matter of right in that civil action.	79692

(B) If the court or the jury in a civil action under this	79693
section finds that a violation of division (H) of section 4112.02	79694
of the Revised Code is about to occur, the court may order any	79695
affirmative action it considers appropriate, including a permanent	79696
or ~~termporary~~temporary injunction or temporary restraining order.	79697

(C) Any sale, encumbrance, or rental consummated prior to the	79698
issuance of any court order under the authority of this section	79699
and involving a bona fide purchaser, encumbrancer, or tenant	79700
without actual notice of the existence of a charge under division	79701
(H) of section 4112.02 of the Revised Code or a civil action under	79702
this section is not affected by the court order.	79703

(D) If the court or the jury in a civil action under this	79704
section finds that a violation of division (H) of section 4112.02	79705
of the Revised Code has occurred, the court shall award to the	79706
plaintiff or to the complainant or aggrieved person on whose	79707
behalf the office of the attorney general commenced or maintained	79708
the civil action, whichever is applicable, actual damages,	79709
reasonable attorney's fees, court costs incurred in the	79710
prosecution of the action, expert witness fees, and other	79711
litigation expenses, and may grant other relief that it considers	79712
appropriate, including a permanent or temporary injunction, a	79713
temporary restraining order, or other order and punitive damages.	79714

(E) Any civil action brought under this section shall be	79715
heard and determined as expeditiously as possible.	79716

(F) The court in a civil action under this section shall	79717
notify the commission of any finding pertaining to discriminatory	79718
housing practices within fifteen days after the entry of the	79719
finding.	79720

Sec. 4112.052. (A) Whenever the Ohio civil rights commission	79721
has reasonable cause to believe that any person or persons are	79722
engaged in a pattern or practice of resistance to a person or	79723
persons' full enjoyment of the rights granted by division (H) of	79724
section 4112.02 of the Revised Code, or that any group of persons	79725
has been denied any of the rights granted by that division and the	79726
denial raises an issue of public importance, the commission may	79727
refer the matter to the attorney general for commencement of a	79728
civil action in a court of common pleas. ~~The attorney general may~~	79729
~~seek any preventive relief considered necessary to ensure the full~~	79730
~~enjoyment of the rights granted by that division, including a~~	79731
~~permanent or temporary injunction or temporary restraining order.~~	79732

(B) Whenever a person breaches a conciliation agreement that	79733
the person entered into with the Ohio civil rights commission, the	79734
civil rights commission may refer the matter to the attorney	79735
general for commencement of a civil action in a court of common	79736
pleas.	79737

(C) In any action the attorney general brings pursuant to	79738
this section, the court may do any of the following:	79739

(1) Award preventative relief, including a permanent or	79740
temporary injunction, restraining order, or other order the court	79741
considers appropriate to assure the full enjoyment of the rights	79742
granted by division (H) of section 4112.02 of the Revised Code. No	79743
statute of limitation shall apply to such an award.	79744

(2) Award actual and punitive damages and other relief that	79745
the court considers appropriate;	79746

(3) Assess a penalty not to exceed fifty thousand dollars for	79747
a first violation or one hundred thousand dollars for any	79748
subsequent violation.	79749

(D)(1) Any person may intervene upon a timely application in	79750
a civil action the attorney general commences pursuant to this	79751
section when that action involves either of the following:	79752

(a) An alleged discriminatory housing practice with respect	79753
to which the person is an aggrieved person;	79754

(b) The breach of a conciliation agreement to which the	79755
person is a party.	79756

(2) The court may grant relief to an intervening party as the	79757
court considers appropriate and as section 4112.051 of the Revised	79758
Code authorizes to be granted in a civil action.	79759

(E) Nothing in this section limits any right or remedy that a	79760
person otherwise is entitled to under law.	79761

Sec. 4113.11. (A) As specified in division (B) of this	79762
section, all employers that employ ten or more employees shall	79763
adopt and maintain a cafeteria plan that allows the employer's	79764
employees to pay for health insurance coverage by a salary	79765
reduction arrangement as permitted under section 125 of the	79766
Internal Revenue Code.	79767

(B) Employers shall comply with the requirements of division	79768
(A) of this section as follows:	79769

(1) For employers that employ more than five hundred	79770
employees, by not later than January 1, 2011, or six months after	79771
the superintendent of insurance adopts rules as required by	79772
division (D) of this section, whichever is later.	79773

(2) For employers that employ one hundred fifty to five	79774
hundred employees, by not later than July 1, 2011, or twelve	79775
months after the superintendent adopts rules as required by	79776
division (D) of this section, whichever is later.	79777

(3) For employers that employ ten to one hundred forty-nine	79778
employees, by not later than January 1, 2012, or eighteen months	79779
after the superintendent adopts rules as required by division (D)	79780
of this section, whichever is later.	79781

(C) The health care coverage and quality council created	79782
under section 3923.90 of the Revised Code shall make	79783
recommendations to the superintendent for both of the following:	79784

(1) Development of strategies to educate, assist, and conduct	79785
outreach to employers to simplify administrative processes with	79786
respect to creating and maintaining cafeteria plans, including,	79787
but not limited to, providing employers with model cafeteria plan	79788
documents and technical assistance on creating and maintaining	79789
cafeteria plans that conform with state and federal law; and	79790

(2) Development strategies to educate, assist, and conduct	79791
outreach to employees with respect to finding, selecting, and	79792
purchasing a health insurance plan to be paid for through their	79793
employer's cafeteria plan under this section.	79794

(D) The superintendent shall adopt rules in accordance with	79795
Chapter 119. of the Revised Code to implement and enforce this	79796
section, including the strategies recommended by the council	79797
pursuant to division (C) of this section.	79798

(E) As used in this section:

79799

(1) "Cafeteria plan" has the same meaning as in section 125	79800
of the Internal Revenue Code.	79801

(2) "Employer" has the same meaning as in section 4113.51 of	79802
the Revised Code.	79803

(3) "Employee" means an individual employed for consideration	79804
who works twenty-five or more hours per week or who renders any	79805
other standard of service generally accepted by custom or	79806
specified by contract as full-time employment.	79807

Sec. 4113.81. For purposes of sections 4113.81, 4113.82,	79808
4113.83, 4113.84, 4113.85, and 4113.86 of the Revised Code:	79809

(A) "Appropriate unit" means independent child care providers	79810
or independent home care providers, whichever is the subject of	79811
the bargaining activity.	79812

(B) "Independent child care provider" means a child care	79813
provider categorized under the Revised Code as either a Type A	79814
licensed provider who does not meet the definition of employee	79815
under the National Labor Relations Act, or a Type B certified or	79816
licensed provider or an in-home aide who is not a county or state	79817
employee. The terms in this division have the same meaning as the	79818
terms defined in Chapter 5104. of the Revised Code.	79819

(C)(1) "Independent home care provider" means any person who	79820
meets either of the following criteria:	79821

(a) The person provides home services under a medicaid waiver	79822
component as described in section 5111.851 or 5111.87 of the	79823
Revised Code.	79824

(b) The person provides home services through a state	79825
medicaid plan amendment as described in 42 U.S.C. 1396n(i).	79826

(2) "Independent home care provider" does not include any	79827
person employed by a private agency for purposes of performing the	79828
activities described in division (C)(1) of this section.	79829

(D) "Provider" means an independent child care provider or an	79830
independent home care provider.	79831

(E) "Recipient" means any person receiving the services of an	79832
independent child care provider or an independent home care	79833
provider, or that person's parent or legal guardian.	79834

(F) "Representative organization" means any employee	79835
organization as defined in division (D) of section 4117.01 of the	79836
Revised Code or any labor or bona fide organization in which	79837
providers participate and that exists for the purpose, in whole or	79838
in part, of dealing with the state concerning grievances, wages,	79839
hours, terms, and other conditions of employment of providers that	79840
are within the control of the state.	79841

Sec. 4113.82. Providers may do all of the following:

79842

(A) Form, join, assist, or participate in, or refrain from	79843
forming, joining, assisting, or participating in, except as	79844
otherwise provided in sections 4113.81 to 4113.86 of the Revised	79845
Code, any representative organization of their own choosing;	79846

(B) Engage in concerted activities, other than those	79847
described in division (A) of this section, for the purpose of	79848
collective bargaining or other mutual aid and protection;	79849

79850

(D) Bargain collectively with the state to determine wages,	79851
hours, terms, other conditions of employment that are within the	79852
control of the state, the continuation, modification, or deletion	79853
of an existing provision of a collective bargaining agreement, and	79854
enter into a collective bargaining agreement.	79855

(E) Present grievances and have them adjusted, without the	79856
intervention of the representative organization, so long as the	79857
adjustment is not inconsistent with the terms of any collective	79858
bargaining agreement then in effect and the representative	79859
organization has the opportunity to be present at the adjustment.	79860

Sec. 4113.83. (A) A representative organization shall become	79861
the exclusive representative of all the providers in an	79862
appropriate unit for the purpose of collective bargaining by	79863
satisfying either of the following criteria:	79864

(1) Being certified by an impartial election monitor as	79865
described in the governor's executive order 2008-02S for	79866
independent child care providers or the governor's executive order	79867
2007-23S for independent home care providers;	79868

(2) Filing a request with the state for recognition as an	79869
exclusive representative, as described in division (B) of this	79870
section, a copy of which shall be sent to the state employment	79871
relations board.	79872

(B)(1) In the request for recognition, the representative	79873
organization shall do all of the following:	79874

(a) Describe the bargaining unit;

79875

(b) Allege that a majority of the providers in the bargaining	79876
unit wish to be represented by the representative organization;	79877

(c) Support the request with substantial evidence based on,	79878
and in accordance with, rules prescribed by the state employment	79879
relations board demonstrating that a majority of the providers in	79880
the bargaining unit wish to be represented by the representative	79881
organization.	79882

(2) Immediately upon receipt of the request described in	79883
divisions (A)(2) and (B)(1) of this section, the state shall	79884
request an election in accordance with the same requirements as	79885
provided in division (A)(2) of section 4117.07 of the Revised	79886
Code.	79887

(C) Nothing in this section shall be construed to permit the	79888
state to recognize, or the state employment relations board to	79889
certify, a representative organization as an exclusive	79890
representative if there is in effect a lawful written agreement,	79891
contract, or memorandum of understanding between the state and	79892
another representative organization that, on the effective date of	79893
this section, has been recognized by the state as the exclusive	79894
representative of the providers in an appropriate unit or that by	79895
tradition, custom, practice, election, or negotiation has been the	79896
only representative organization representing all providers in the	79897
unit. This division does not apply to any agreement that has been	79898
in effect in excess of three years. For purposes of this section,	79899
extensions of an agreement do not affect the expiration of the	79900
original agreement.	79901

Sec. 4113.84. (A) All matters pertaining to wages, hours,	79902
terms and other conditions of employment that are within the	79903
control of the state, the continuation, modification, or deletion	79904
of an existing provision of a collective bargaining agreement	79905
shall be subject to collective bargaining between the state and	79906
the exclusive representative as described in section 4113.83 of	79907
the Revised Code, except as otherwise specified in this section.	79908

(B) This section shall not alter the unique relations between	79909
providers and recipients of care. The recipient retains the	79910
absolute right to choose providers and to control the hiring,	79911
termination, and supervision of providers.	79912

(C) This section shall not affect the ability of the state to	79913
take appropriate action when a provider is no longer eligible to	79914
provide care under state or federal law, or any rules or	79915
regulations adopted thereunder.	79916

Sec. 4113.85. The parties to any collective bargaining	79917
agreement entered into pursuant to sections 4113.81, 4113.82,	79918
4113.83, and 4113.84 of the Revised Code shall record that	79919
agreement in writing, which is to be executed by all of the	79920
parties to the agreement. The agreement shall contain the same	79921
provisions as described in divisions (B), (C), and (E) of section	79922
4117.09 of the Revised Code. Such provisions shall apply to the	79923
state, its agents or representatives, any representative	79924
organization, its agents or representatives, and to providers in	79925
the same manner as the same provisions apply to public employers,	79926
public employees, and employee organizations as described in	79927
Chapter 4117. of the Revised Code.	79928

Sec. 4113.86. The state employment relations board has the	79929
same authority as described in sections 4117.12 and 4117.13 of the	79930
Revised Code to investigate, hold hearings, make determinations,	79931
and issue complaints regarding unfair labor practices, insofar as	79932
that authority does not conflict with sections 4113.81, 4113.82,	79933
4113.83, 4113.84, 4113.85, and 4113.86 of the Revised Code. For	79934
purposes of this section, "unfair labor practice" has the same	79935
meaning as section 4117.11 of the Revised Code, except any	79936
provisions applying to public employers shall apply to the state,	79937
any provisions applying to employee organizations shall apply to	79938
representative organizations, and any provisions applying to	79939
public employees shall apply to providers.	79940

Sec. 4117.01. As used in this chapter:

79941

(A) "Person," in addition to those included in division (C)	79942
of section 1.59 of the Revised Code, includes employee	79943
organizations, public employees, and public employers.	79944

(B)(1) "Public employer" means the state or any political	79945
subdivision of the state located entirely within the state,	79946
including, without limitation, any municipal corporation with a	79947
population of at least five thousand according to the most recent	79948
federal decennial census; county; township with a population of at	79949
least five thousand in the unincorporated area of the township	79950
according to the most recent federal decennial census; school	79951
district; governing authority of a community school established	79952
under Chapter 3314. of the Revised Code; state institution of	79953
higher learning; public or special district; state agency,	79954
authority, commission, or board; or other branch of public	79955
employment.	79956

(2) With respect to permanent, full-time, paid members of a	79957
fire department of a township, "public employer" also means a	79958
township, regardless of the population of the township.	79959

(C) "Public employee" means any person holding a position by	79960
appointment or employment in the service of a public employer,	79961
including any person working pursuant to a contract between a	79962
public employer and a private employer and over whom the national	79963
labor relations board has declined jurisdiction on the basis that	79964
the involved employees are employees of a public employer, except:	79965

(1) Persons holding elective office;

79966

(2) Employees of the general assembly and employees of any	79967
other legislative body of the public employer whose principal	79968
duties are directly related to the legislative functions of the	79969
body;	79970

(3) Employees on the staff of the governor or the chief	79971
executive of the public employer whose principal duties are	79972
directly related to the performance of the executive functions of	79973
the governor or the chief executive;	79974

(4) Persons who are members of the Ohio organized militia,	79975
while training or performing duty under section 5919.29 or 5923.12	79976
of the Revised Code;	79977

(5) Employees of the state employment relations board,	79978
including those employees of the state employment relations board	79979
utilized by the state personnel board of review in the exercise of	79980
the powers and the performance of the duties and functions of the	79981
state personnel board of review;	79982

(6) Confidential employees;

79983

(7) Management level employees;

79984

(8) ~~Employees and officers of the courts, assistants~~	79985
Assistants to the attorney general,and assistant prosecuting	79986
attorneys~~, and employees of the clerks of courts who perform a~~	79987
~~judicial function~~;	79988

(9) Employees of a public official who act in a fiduciary	79989
capacity, appointed pursuant to section 124.11 of the Revised	79990
Code;	79991

(10) Supervisors;

79992

(11) Students whose primary purpose is educational training,	79993
including graduate assistants or associates, residents, interns,	79994
or other students working as part-time public employees less than	79995
fifty per cent of the normal year in the employee's bargaining	79996
unit;	79997

(12) Employees of county boards of election;

79998

(13) Seasonal and casual employees as determined by the state	79999
employment relations board;	80000

(14) Part-time faculty members of an institution of higher	80001
education;	80002

(15) ~~Employees of the state personnel board of review;~~

80003

~~(16)~~ Participants in a work activity, developmental activity,	80004
or alternative work activity under sections 5107.40 to 5107.69 of	80005
the Revised Code who perform a service for a public employer that	80006
the public employer needs but is not performed by an employee of	80007
the public employer if the participant is not engaged in paid	80008
employment or subsidized employment pursuant to the activity;	80009

~~(17)~~(16) Employees included in the career professional	80010
service of the department of transportation under section 5501.20	80011
of the Revised Code;	80012

~~(18) Employees of community-based correctional facilities~~	80013
~~and district community-based correctional facilities created under~~	80014
~~sections 2301.51 to 2301.58 of the Revised Code who are not~~	80015
~~subject to a collective bargaining agreement on June 1, 2005~~.	80016

(D) "Employee organization" means any labor or bona fide	80017
organization in which public employees participate and that exists	80018
for the purpose, in whole or in part, of dealing with public	80019
employers concerning grievances, labor disputes, wages, hours,	80020
terms, and other conditions of employment.	80021

(E) "Exclusive representative" means the employee	80022
organization certified or recognized as an exclusive	80023
representative under section 4117.05 of the Revised Code.	80024

(F) "Supervisor" means any individual who has authority, in	80025
the interest of the public employer, to hire, transfer, suspend,	80026
lay off, recall, promote, discharge, assign, reward, or discipline	80027
other public employees; to responsibly direct them; to adjust	80028
their grievances; or to effectively recommend such action, if the	80029
exercise of that authority is not of a merely routine or clerical	80030
nature, but requires the use of independent judgment, provided	80031
that:	80032

(1) Employees of school districts who are department	80033
chairpersons or consulting teachers shall not be deemed	80034
supervisors;	80035

(2) With respect to members of a police or fire department,	80036
no person shall be deemed a supervisor except the chief of the	80037
department or those individuals who, in the absence of the chief,	80038
are authorized to exercise the authority and perform the duties of	80039
the chief of the department. Where prior to June 1, 1982, a public	80040
employer pursuant to a judicial decision, rendered in litigation	80041
to which the public employer was a party, has declined to engage	80042
in collective bargaining with members of a police or fire	80043
department on the basis that those members are supervisors, those	80044
members of a police or fire department do not have the rights	80045
specified in this chapter for the purposes of future collective	80046
bargaining. The state employment relations board shall decide all	80047
disputes concerning the application of division (F)(2) of this	80048
section.	80049

(3) With respect to faculty members of a state institution of	80050
higher education, heads of departments or divisions are	80051
supervisors; however, no other faculty member or group of faculty	80052
members is a supervisor solely because the faculty member or group	80053
of faculty members participate in decisions with respect to	80054
courses, curriculum, personnel, or other matters of academic	80055
policy;	80056

(4) No teacher as defined in section 3319.09 of the Revised	80057
Code shall be designated as a supervisor or a management level	80058
employee unless the teacher is employed under a contract governed	80059
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	80060
is assigned to a position for which a license deemed to be for	80061
administrators under state board rules is required pursuant to	80062
section 3319.22 of the Revised Code.	80063

(G) "To bargain collectively" means to perform the mutual	80064
obligation of the public employer, by its representatives, and the	80065
representatives of its employees to negotiate in good faith at	80066
reasonable times and places with respect to wages, hours, terms,	80067
and other conditions of employment and the continuation,	80068
modification, or deletion of an existing provision of a collective	80069
bargaining agreement, with the intention of reaching an agreement,	80070
or to resolve questions arising under the agreement. "To bargain	80071
collectively" includes executing a written contract incorporating	80072
the terms of any agreement reached. The obligation to bargain	80073
collectively does not mean that either party is compelled to agree	80074
to a proposal nor does it require the making of a concession.	80075

(H) "Strike" means continuous concerted action in failing to	80076
report to duty; willful absence from one's position; or stoppage	80077
of work in whole from the full, faithful, and proper performance	80078
of the duties of employment, for the purpose of inducing,	80079
influencing, or coercing a change in wages, hours, terms, and	80080
other conditions of employment. "Strike" does not include a	80081
stoppage of work by employees in good faith because of dangerous	80082
or unhealthful working conditions at the place of employment that	80083
are abnormal to the place of employment.	80084

(I) "Unauthorized strike" includes, but is not limited to,	80085
concerted action during the term or extended term of a collective	80086
bargaining agreement or during the pendency of the settlement	80087
procedures set forth in section 4117.14 of the Revised Code in	80088
failing to report to duty; willful absence from one's position;	80089
stoppage of work; slowdown, or abstinence in whole or in part from	80090
the full, faithful, and proper performance of the duties of	80091
employment for the purpose of inducing, influencing, or coercing a	80092
change in wages, hours, terms, and other conditions of employment.	80093
"Unauthorized strike" includes any such action, absence, stoppage,	80094
slowdown, or abstinence when done partially or intermittently,	80095
whether during or after the expiration of the term or extended	80096
term of a collective bargaining agreement or during or after the	80097
pendency of the settlement procedures set forth in section 4117.14	80098
of the Revised Code.	80099

(J) "Professional employee" means any employee engaged in	80100
work that is predominantly intellectual, involving the consistent	80101
exercise of discretion and judgment in its performance and	80102
requiring knowledge of an advanced type in a field of science or	80103
learning customarily acquired by a prolonged course in an	80104
institution of higher learning or a hospital, as distinguished	80105
from a general academic education or from an apprenticeship; or an	80106
employee who has completed the courses of specialized intellectual	80107
instruction and is performing related work under the supervision	80108
of a professional person to become qualified as a professional	80109
employee.	80110

(K) "Confidential employee" means any employee who works in	80111
the personnel offices of a public employer and deals with	80112
information to be used by the public employer in collective	80113
bargaining; or any employee who works in a close continuing	80114
relationship with public officers or representatives directly	80115
participating in collective bargaining on behalf of the employer.	80116

(L) "Management level employee" means an individual who	80117
formulates policy on behalf of the public employer, who	80118
responsibly directs the implementation of policy, or who may	80119
reasonably be required on behalf of the public employer to assist	80120
in the preparation for the conduct of collective negotiations,	80121
administer collectively negotiated agreements, or have a major	80122
role in personnel administration. Assistant superintendents,	80123
principals, and assistant principals whose employment is governed	80124
by section 3319.02 of the Revised Code are management level	80125
employees. With respect to members of a faculty of a state	80126
institution of higher education, no person is a management level	80127
employee because of the person's involvement in the formulation or	80128
implementation of academic or institution policy.	80129

(M) "Wages" means hourly rates of pay, salaries, or other	80130
forms of compensation for services rendered.	80131

(N) "Member of a police department" means a person who is in	80132
the employ of a police department of a municipal corporation as a	80133
full-time regular police officer as the result of an appointment	80134
from a duly established civil service eligibility list or under	80135
section 737.15 or 737.16 of the Revised Code, a full-time deputy	80136
sheriff appointed under section 311.04 of the Revised Code, a	80137
township constable appointed under section 509.01 of the Revised	80138
Code, or a member of a township police district police department	80139
appointed under section 505.49 of the Revised Code.	80140

(O) "Members of the state highway patrol" means highway	80141
patrol troopers and radio operators appointed under section	80142
5503.01 of the Revised Code.	80143

(P) "Member of a fire department" means a person who is in	80144
the employ of a fire department of a municipal corporation or a	80145
township as a fire cadet, full-time regular firefighter, or	80146
promoted rank as the result of an appointment from a duly	80147
established civil service eligibility list or under section	80148
505.38, 709.012, or 737.22 of the Revised Code.	80149

(Q) "Day" means calendar day.

80150

Sec. 4117.02. (A) There is hereby created the state	80151
employment relations board, consisting of three members to be	80152
appointed by the governor with the advice and consent of the	80153
senate. Members shall be knowledgeable about labor relations or	80154
personnel practices. No more than two of the three members shall	80155
belong to the same political party. A member of the state	80156
employment relations board during the member's period of service	80157
shall hold no other public office or public or private employment	80158
and shall allow no other responsibilities to interfere or conflict	80159
with the member's duties as a full-time state employment relations	80160
board member. Of the initial appointments made to the state	80161
employment relations board, one shall be for a term ending October	80162
6, 1984, one shall be for a term ending October 6, 1985, and one	80163
shall be for a term ending October 6, 1986. Thereafter, terms of	80164
office shall be for six years, each term ending on the same day of	80165
the same month of the year as did the term that it succeeds. Each	80166
member shall hold office from the date of the member's appointment	80167
until the end of the term for which the member is appointed. Any	80168
member appointed to fill a vacancy occurring prior to the	80169
expiration of the term for which the member's predecessor was	80170
appointed shall hold office for the remainder of the term. Any	80171
member shall continue in office subsequent to the expiration of	80172
the member's term until the member's successor takes office or	80173
until a period of sixty days has elapsed, whichever occurs first.	80174
The governor may remove any member of the state employment	80175
relations board, upon notice and public hearing, for neglect of	80176
duty or malfeasance in office, but for no other cause.	80177

(B)(1) The governor shall designate one member of the state	80178
employment relations board to serve as chairperson of the state	80179
employment relations board. The chairperson is the head of the	80180
state employment relations board and its chief executive officer.	80181

(2) The chairperson shall exercise all administrative powers	80182
and duties conferred upon the state employment relations board	80183
under this chapter and shall do all of the following:	80184

(a) ~~Except as provided in division (F)(2) of this section,~~	80185
~~employ~~Employ, promote, supervise, and remove all employees of the	80186
state employment relations board, and establish, change, or	80187
abolish positions and assign or reassign the duties of those	80188
employees as the chairperson determines necessary to achieve the	80189
most efficient performance of the ~~board's~~ duties of the state	80190
employment relations board under this chapter;	80191

(b) Determine the utilization by the state personnel board of	80192
review of employees of the state employment relations board as	80193
necessary for the state personnel board of review to exercise the	80194
powers and perform the duties of the state personnel board of	80195
review.	80196

(c) Maintain the office of the state employment relations	80197
board in Columbus and manage the office's daily operations,	80198
including securing offices, facilities, equipment, and supplies	80199
necessary to house the state employment relations board,	80200
employees of the state employment relations board, the state	80201
personnel board of review, and files and records under the	80202
~~board's~~ control of the state employment relations board and	80203
under the control of the state personnel board of review;	80204

~~(c)~~(d) Prepare and submit to the office of budget and	80205
management a budget for each biennium according to section	80206
107.03 of the Revised Code, and include in the budget the costs	80207
of the state employment relations board and its staff and the	80208
~~board's~~ costs of the state employment relations board in	80209
discharging any duty imposed by law upon the state employment	80210
relations board, the chairperson, or any of the ~~board's~~ employees	80211
or agents of the state employment relations board, and the costs	80212
of the state personnel board of review in discharging any duty	80213
imposed by law on the state personnel board of review or an agent	80214
of the state personnel board of review.	80215

(C) The vacancy on the state employment relations board does	80216
not impair the right of the remaining members to exercise all the	80217
powers of the state employment relations board, and two members of	80218
the state employment relations board, at all times, constitute a	80219
quorum. The state employment relations board shall have an	80220
official seal of which courts shall take judicial notice.	80221

(D) The state employment relations board shall make an annual	80222
report in writing to the governor and to the general assembly,	80223
stating in detail the work it has done.	80224

(E) Compensation of the chairperson and members shall be in	80225
accordance with division (J) of section 124.15 of the Revised	80226
Code. The chairperson and the members are eligible for	80227
reappointment. In addition to such compensation, all members shall	80228
be reimbursed for their necessary expenses incurred in the	80229
performance of their work as members.	80230

(F)(1) The chairperson, after consulting with the other state	80231
employment relations board members and receiving the consent of at	80232
least one other board member, shall appoint an executive director.	80233
The chairperson also shall appoint attorneys and ~~attorney-trial~~	80234
~~examiners~~shall appoint an assistant executive director who shall	80235
be an attorney admitted to practice law in this state and who	80236
shall serve as a liaison to the attorney general on legal matters	80237
before the state employment relations board.	80238

(2) The state employment relations board shall appoint	80239
~~mediators, arbitrators,~~ members of fact-finding panels~~, and~~	80240
~~directors for local areas,~~ and shall prescribe their job duties.	80241

(G)(1) The executive director shall serve at the pleasure of	80242
the chairperson. The executive director, under the direction of	80243
the chairperson, shall do all of the following:	80244

(a) Act as chief administrative officer for the state	80245
employment relations board;	80246

(b) Ensure that all employees of the state employment	80247
relations board comply with the rules of the state employment	80248
relations board;	80249

(c) Do all things necessary for the efficient and effective	80250
implementation of the duties of the state employment relations	80251
board.	80252

(2) The duties of the executive director described in	80253
division (G)(1) of this section do not relieve the chairperson	80254
from final responsibility for the proper performance of the duties	80255
described in that division.	80256

(H) The attorney general shall be the legal adviser of the	80257
state employment relations board and shall appear for and	80258
represent the state employment relations board and its agents in	80259
all legal proceedings. The state employment relations board may	80260
utilize regional, local, or other agencies, and utilize voluntary	80261
and uncompensated services as needed. The state employment	80262
relations board may contract with the federal mediation and	80263
conciliation service for the assistance of mediators, arbitrators,	80264
and other personnel the service makes available. The ~~board and the~~	80265
chairperson~~, respectively,~~ shall appoint all employees on the	80266
basis of training, practical experience, education, and character,	80267
notwithstanding the requirements established by section 119.09 of	80268
the Revised Code. The ~~board~~chairperson shall give special regard	80269
to the practical training and experience that employees have for	80270
the particular position involved. ~~All full-time employees of the~~	80271
~~board excepting the~~The executive director, ~~the head of the bureau~~	80272
~~of mediation~~assistant executive director, administrative law	80273
judges, employees holding a fiduciary or administrative relation	80274
to the state employment relations board as described in division	80275
(A)(9) of section 124.11 of the Revised Code, and the personal	80276
secretaries and assistants of the state employment relations board	80277
members are in the ~~classified~~unclassified service. All other	80278
full-time employees of the state employment relations board are in	80279
the classified service. All employees of the state employment	80280
relations board shall be paid in accordance with Chapter 124. of	80281
the Revised Code.	80282

(I) The ~~board~~chairperson shall select and assign ~~examiners~~	80283
administrative law judges and other agents whose functions are to	80284
conduct hearings with due regard to their impartiality, judicial	80285
temperament, and knowledge. If in any proceeding under this	80286
chapter, any party prior to five days before the hearing thereto	80287
files with the state employment relations board a sworn statement	80288
charging that the ~~examiner~~administrative law judge or other agent	80289
designated to conduct the hearing is biased or partial in the	80290
proceeding, the state employment relations board may disqualify	80291
the person and designate another ~~examiner~~administrative law judge	80292
or agent to conduct the proceeding. At least ten days before any	80293
hearing, the state employment relations board shall notify all	80294
parties to a proceeding of the name of the ~~examiner~~administrative	80295
law judge or agent designated to conduct the hearing.	80296

(J) The principal office of the state employment relations	80297
board is in Columbus, but it may meet and exercise any or all of	80298
its powers at any other place within the state. The state	80299
employment relations board may, by one or more of its employees,	80300
or any agents or agencies it designates, conduct in any part of	80301
this state any proceeding, hearing, investigation, inquiry, or	80302
election necessary to the performance of its functions; provided,	80303
that no person so designated may later sit in determination of an	80304
appeal of the decision of that cause or matter.	80305

(K) In addition to the powers and functions provided in other	80306
sections of this chapter, the state employment relations board	80307
shall do all of the following:	80308

(1) Create a bureau of mediation within the state employment	80309
relations board, to perform the functions provided in section	80310
4117.14 of the Revised Code. This bureau shall also establish,	80311
after consulting representatives of employee organizations and	80312
public employers, panels of qualified persons to be available to	80313
serve as members of fact-finding panels and arbitrators.	80314

(2) Conduct studies of problems involved in representation	80315
and negotiation and make recommendations for legislation;	80316

(3) Hold hearings pursuant to this chapter and, for the	80317
purpose of the hearings and inquiries, administer oaths and	80318
affirmations, examine witnesses and documents, take testimony and	80319
receive evidence, compel the attendance of witnesses and the	80320
production of documents by the issuance of subpoenas, and delegate	80321
these powers to any members of the state employment relations	80322
board or any ~~attorney-trial examiner appointed~~administrative law	80323
judge employed by the state employment relations board for the	80324
performance of its functions;	80325

(4) Train representatives of employee organizations and	80326
public employers in the rules and techniques of collective	80327
bargaining procedures;	80328

(5) Make studies and analyses of, and act as a clearinghouse	80329
of information relating to, conditions of employment of public	80330
employees throughout the state and request assistance, services,	80331
and data from any public employee organization, public employer,	80332
or governmental unit. Public employee organizations, public	80333
employers, and governmental units shall provide such assistance,	80334
services, and data as will enable the state employment relations	80335
board to carry out its functions and powers.	80336

(6) Make available to employee organizations, public	80337
employers, mediators, fact-finding panels, arbitrators, and joint	80338
study committees statistical data relating to wages, benefits, and	80339
employment practices in public and private employment applicable	80340
to various localities and occupations to assist them to resolve	80341
issues in negotiations;	80342

(7) Notwithstanding section 119.13 of the Revised Code,	80343
establish standards of persons who practice before it;	80344

(8) Adopt, amend, and rescind rules and procedures and	80345
exercise other powers appropriate to carry out this chapter.	80346
Before the adoption, amendment, or rescission of rules and	80347
procedures under this section, the state employment relations	80348
board shall do all of the following:	80349

(a) Maintain a list of interested public employers and	80350
employee organizations and mail notice to such groups of any	80351
proposed rule or procedure, amendment thereto, or rescission	80352
thereof at least thirty days before any public hearing thereon;	80353

(b) Mail a copy of each proposed rule or procedure, amendment	80354
thereto, or rescission thereof to any person who requests a copy	80355
within five days after receipt of the request therefor;	80356

(c) Consult with appropriate statewide organizations	80357
representing public employers or employees who would be affected	80358
by the proposed rule or procedure.	80359

Although the state employment relations board is expected to	80360
discharge these duties diligently, failure to mail any notice or	80361
copy, or to so consult with any person, is not jurisdictional and	80362
shall not be construed to invalidate any proceeding or action of	80363
the state employment relations board.	80364

(L) In case of neglect or refusal to obey a subpoena issued	80365
to any person, the court of common pleas of the county in which	80366
the investigation or the public hearing occurs, upon application	80367
by the state employment relations board, may issue an order	80368
requiring the person to appear before the state employment	80369
relations board and give testimony about the matter under	80370
investigation. The court may punish a failure to obey the order as	80371
contempt.	80372

(M) Any subpoena, notice of hearing, or other process or	80373
notice of the state employment relations board issued under this	80374
section may be served personally, by certified mail, or by leaving	80375
a copy at the principal office or personal residence of the	80376
respondent required to be served. A return, made and verified by	80377
the individual making the service and setting forth the manner of	80378
service, is proof of service, and a return post office receipt,	80379
when certified mail is used, is proof of service. All process in	80380
any court to which application is made under this chapter may be	80381
served in the county wherein the persons required to be served	80382
reside or are found.	80383

(N) All expenses of the state employment relations board,	80384
including all necessary traveling and subsistence expenses	80385
incurred by the members or employees of the state employment	80386
relations board under its orders, shall be paid pursuant to	80387
itemized vouchers approved by the chairperson of the state	80388
employment relations board, the executive director, or both, or	80389
such other person as the chairperson designates for that purpose.	80390

(O) Whenever the state employment relations board determines	80391
that a substantial controversy exists with respect to the	80392
application or interpretation of this chapter and the matter is of	80393
public or great general interest, the state employment relations	80394
board shall certify its final order directly to the court of	80395
appeals having jurisdiction over the area in which the principal	80396
office of the public employer directly affected by the application	80397
or interpretation is located. The chairperson shall file with the	80398
clerk of the court a certified copy of the transcript of the	80399
proceedings before the state employment relations board pertaining	80400
to the final order. If upon hearing and consideration the court	80401
decides that the final order of the state employment relations	80402
board is unlawful or is not supported by substantial evidence on	80403
the record as a whole, the court shall reverse and vacate the	80404
final order or modify it and enter final judgment in accordance	80405
with the modification; otherwise, the court shall affirm the final	80406
order. The notice of the final order of the state employment	80407
relations board to the interested parties shall contain a	80408
certification by the chairperson of the state employment relations	80409
board that the final order is of public or great general interest	80410
and that a certified transcript of the record of the proceedings	80411
before the state employment relations board had been filed with	80412
the clerk of the court as an appeal to the court. For the purposes	80413
of this division, the state employment relations board has	80414
standing to bring its final order properly before the court of	80415
appeals.	80416

(P) Except as otherwise specifically provided in this	80417
section, the state employment relations board is subject to	80418
Chapter 119. of the Revised Code, including the procedure for	80419
submission of proposed rules to the general assembly for	80420
legislative review under division (H) of section 119.03 of the	80421
Revised Code.	80422

Sec. 4117.07. (A) When a petition is filed, in accordance	80423
with rules prescribed by the state employment relations board:	80424

(1) By any employee or group of employees, or any individual	80425
or employee organization acting in their behalf, alleging that at	80426
least thirty per cent of the employees in an appropriate unit wish	80427
to be represented for collective bargaining by an exclusive	80428
representative, or asserting that the designated exclusive	80429
representative is no longer the representative of the majority of	80430
employees in the unit, the board shall investigate the petition,	80431
and if it has reasonable cause to believe that a question of	80432
representation exists, provide for an appropriate hearing upon due	80433
notice to the parties;	80434

(2) By the employer alleging that one or more employee	80435
organizations has presented to it a claim to be recognized as the	80436
exclusive representative in an appropriate unit, the board shall	80437
investigate the petition, and if it has reasonable cause to	80438
believe that a question of representation exists, provide for an	80439
appropriate hearing upon due notice to the parties.	80440

If the board finds upon the record of a hearing that a	80441
question of representation exists, it shall direct an election and	80442
certify the results thereof. No one may vote in an election by	80443
~~mail or~~ proxy. The board may also certify an employee organization	80444
as an exclusive representative if it determines that a free and	80445
untrammelled election cannot be conducted because of the	80446
employer's unfair labor practices and that at one time the	80447
employee organization had the support of the majority of the	80448
employees in the unit.	80449

(B) Only the names of those employee organizations designated	80450
by more than ten per cent of the employees in the unit found to be	80451
appropriate may be placed on the ballot. Nothing in this section	80452
shall be construed to prohibit the waiving of hearings by	80453
stipulation, in conformity with the rules of the board, for the	80454
purpose of a consent election.	80455

(C) The board shall conduct representation elections by	80456
secret ballot cast, at the board's discretion, by mail or	80457
electronically or in person, and at times and places selected by	80458
the board subject to the following:	80459

(1) The board shall give no less than ten days' notice of the	80460
time and place of an election;	80461

(2) The board shall establish rules concerning the conduct of	80462
any election including, but not limited to, rules to guarantee the	80463
secrecy of the ballot;	80464

(3) The board may not certify a representative unless the	80465
representative receives a majority of the valid ballots cast;	80466

(4) Except as provided in this section, the board shall	80467
include on the ballot a choice of "no representative";	80468

(5) In an election where none of the choices on the ballot	80469
receives a majority, the board shall conduct a runoff election. In	80470
that case, the ballot shall provide for a selection between the	80471
two choices or parties receiving the highest and the second	80472
highest number of ballots cast in the election.	80473

(6) The board may not conduct an election under this section	80474
in any appropriate bargaining unit within which a board-conducted	80475
election was held in the preceding twelve-month period, nor during	80476
the term of any lawful collective bargaining agreement between a	80477
public employer and an exclusive representative.	80478

Petitions for elections may be filed with the board no sooner	80479
than one hundred twenty days or later than ninety days before the	80480
expiration date of any collective bargaining agreement, or after	80481
the expiration date, until the public employer and exclusive	80482
representative enter into a new written agreement.	80483

For the purposes of this section, extensions of agreements do	80484
not affect the expiration date of the original agreement.	80485

Sec. 4117.12. (A) Whoever violates section 4117.11 of the	80486
Revised Code is guilty of an unfair labor practice remediable by	80487
the state employment relations board as specified in this section.	80488

(B) When anyone files a charge with the board alleging that	80489
an unfair labor practice has been committed, the board or its	80490
designated agent shall investigate the charge. If the board has	80491
probable cause for believing that a violation has occurred, the	80492
board shall issue a complaint and shall conduct a hearing	80493
concerning the charge. The board shall cause the complaint to be	80494
served upon the charged party which shall contain a notice of the	80495
time at which the hearing on the complaint will be held either	80496
before the board, a board member, or ~~a hearing officer~~an	80497
administrative law judge. The board may not issue a notice of	80498
hearing based upon any unfair labor practice occurring more than	80499
ninety days prior to the filing of the charge with the board,	80500
unless the person aggrieved thereby is prevented from filing the	80501
charge by reason of service in the armed forces, in which event	80502
the ninety-day period shall be computed from the day of ~~his~~the	80503
person's discharge. If the board dismisses a complaint as	80504
frivolous, it shall assess costs to the complainant pursuant to	80505
its standards governing such matters, and for that purpose, the	80506
board shall adopt a rule defining the standards by which the board	80507
will declare a complaint to be frivolous and the costs that will	80508
be assessed accordingly.	80509

(1) The board, board member, or ~~hearing officer~~	80510
administrative law judge shall hold a hearing on the charge within	80511
ten days after service of the complaint. The board may amend a	80512
complaint, upon receipt of a notice from the charging party, at	80513
any time prior to the close of the hearing, and the charged party	80514
shall within ten days from receipt of the complaint or amendment	80515
to the complaint, file an answer to the complaint or amendment to	80516
the complaint. The charged party may file an answer to an original	80517
or amended complaint. The agents of the board and the person	80518
charged are parties and may appear or otherwise give evidence at	80519
the hearing. At the discretion of the board, board member, or	80520
~~hearing officer~~administrative law judge, any interested party may	80521
intervene and present evidence at the hearing. The board, board	80522
member, or ~~hearing officer~~administrative law judge is not bound	80523
by the rules of evidence prevailing in the courts.	80524

(2) A board member or ~~hearing officer~~administrative law	80525
judge who conducts the hearing shall reduce the evidence taken to	80526
writing and file it with the board. The board member or the	80527
~~hearing officer~~administrative law judge may thereafter take	80528
further evidence or hear further argument if notice is given to	80529
all interested parties. The ~~hearing officer~~administrative law	80530
judge or board member shall issue to the parties a proposed	80531
decision, together with a recommended order and file it with the	80532
board. If the parties file no exceptions within twenty days after	80533
service thereof, the recommended order becomes the order of the	80534
board effective as therein prescribed. If the parties file	80535
exceptions to the proposed report, the board shall determine	80536
whether substantial issues have been raised. The board may rescind	80537
or modify the proposed order of the board member or ~~hearing~~	80538
~~officer~~administrative law judge; however, if the board determines	80539
that the exceptions do not raise substantial issues of fact or	80540
law, it may refuse to grant review, and the recommended order	80541
becomes effective as therein prescribed.	80542

(3) If upon the preponderance of the evidence taken, the	80543
board believes that any person named in the complaint has engaged	80544
in any unfair labor practice, the board shall state its findings	80545
of fact and issue and cause to be served on the person an order	80546
requiring that hethe person cease and desist from these unfair	80547
labor practices, and take such affirmative action, including	80548
reinstatement of employees with or without back pay, as will	80549
effectuate the policies of Chapter 4117. of the Revised Code. If	80550
upon a preponderance of the evidence taken, the board believes	80551
that the person named in the complaint has not engaged in an	80552
unfair labor practice it shall state its findings of fact and	80553
issue an order dismissing the complaint.	80554

(4) The board may order the public employer to reinstate the	80555
public employee and further may order either the public employer	80556
or the employee organization, depending on who was responsible for	80557
the discrimination suffered by the public employee, to make such	80558
payment of back pay to the public employee as the board	80559
determines. No order of the board shall require the reinstatement	80560
of any individual as an employee who has been suspended or	80561
discharged, or require the payment to ~~him~~the employee of any back	80562
pay, if the suspension or discharge was for just cause not related	80563
to rights provided in section 4117.03 of the Revised Code and the	80564
procedure contained in the collective bargaining agreement	80565
governing suspension or discharge was followed. The order of the	80566
board may require the party against whom the order is issued to	80567
make periodic reports showing the extent to which hethe party has	80568
complied with the order.	80569

(C) Whenever a complaint alleges that a person has engaged in	80570
an unfair labor practice and that the complainant will suffer	80571
substantial and irreparable injury if not granted temporary	80572
relief, the board may petition the court of common pleas for any	80573
county wherein the alleged unfair labor practice in question	80574
occurs, or wherein any person charged with the commission of any	80575
unfair labor practice resides or transacts business for	80576
appropriate injunctive relief, pending the final adjudication by	80577
the board with respect to the matter. Upon the filing of any	80578
petition, the court shall cause notice thereof to be served upon	80579
the parties, and thereupon has jurisdiction to grant the temporary	80580
relief or restraining order it considers just and proper.	80581

(D) Until the record in a case is filed in a court, as	80582
specified in Chapter 4117. of the Revised Code, the board may at	80583
any time upon reasonable notice and in a manner it considers	80584
proper, modify or set aside, in whole or in part, any finding or	80585
order made or issued by it.	80586

Sec. 4117.24. (A) The training, publications, and grants fund	80587
is hereby created in the state treasury. The state employment	80588
relations board shall deposit into the training, publications, and	80589
grants fund all moneys received from the following sources:	80590

~~(A)~~(1) Payments received by the state employment relations	80591
board for copies of documents, rulebooks, and other publications;	80592

~~(B)~~(2) Fees received from seminar participants;

80593

~~(C)~~(3) Receipts from the sale of clearinghouse data;

80594

~~(D)~~(4) Moneys received from grants, donations, awards,	80595
bequests, gifts, reimbursements, and similar funds;	80596

~~(E)~~(5) Reimbursement received for professional services and	80597
expenses related to professional services;	80598

~~(F)~~(6) Funds received to support the development of labor	80599
relations services and programs~~. The~~;	80600

(7) Moneys received by the state personnel board of review	80601
pursuant to division (C) of section 124.03 of the Revised Code.	80602

(B) The state employment relations board shall use all moneys	80603
deposited into the training, publications, and grants fund to	80604
defray ~~the~~all of the following:	80605

(1) The costs of furnishing and making available copies of	80606
documents, rulebooks, and other publications; ~~the~~	80607

(2) The costs of planning, organizing, and conducting	80608
training seminars; ~~the~~	80609

(3) The costs associated with grant projects, innovative	80610
labor-management cooperation programs, research projects related	80611
to these grants and programs, and the advancement in	80612
professionalism of public sector relations; ~~the~~	80613

(4) The professional development of state employment	80614
relations board employees; ~~and the~~	80615

(5) The costs of compiling clearinghouse data;

80616

(6) The cost of producing the administrative record of the	80617
state personnel board of review.	80618

The state employment relations board may seek, solicit, apply	80619
for, receive, and accept grants, gifts, and contributions of	80620
money, property, labor, and other things of value to be held for,	80621
used for, and applied to only the purpose for which the grants,	80622
gifts, and contributions are made, from individuals, private and	80623
public corporations, the United States or any agency thereof, the	80624
state or any agency thereof, and any political subdivision of the	80625
state, and may enter into any contract with any such public or	80626
private source in connection therewith to be held for, used for,	80627
and applied to only the purposes for which such grants are made	80628
and contracts are entered into, all subject to and in accordance	80629
with the purposes of this chapter. Any money received from the	80630
grants, gifts, contributions, or contracts shall be deposited into	80631
the training, publications, and grants fund.	80632

Sec. 4121.125. (A) The bureau of workers' compensation board	80633
of directors, based upon recommendations of the workers'	80634
compensation actuarial committee, may contract with one or more	80635
outside actuarial firms and other professional persons, as the	80636
board determines necessary, to assist the board in measuring the	80637
performance of Ohio's workers' compensation system and in	80638
comparing Ohio's workers' compensation system to other state and	80639
private workers' compensation systems. The board, actuarial firm	80640
or firms, and professional persons shall make such measurements	80641
and comparisons using accepted insurance industry standards,	80642
including, but not limited to, standards promulgated by the	80643
National Council on Compensation Insurance.	80644

(B) The board may contract with one or more outside firms to	80645
conduct management and financial audits of the workers'	80646
compensation system, including audits of the reserve fund	80647
belonging to the state insurance fund, and to establish objective	80648
quality management principles and methods by which to review the	80649
performance of the workers' compensation system.	80650

80651

(1) Contract to have prepared annually by or under the	80652
supervision of an actuary a report that meets the requirements	80653
specified under division (E) of this section and that consists of	80654
an actuarial valuation of the assets, liabilities, and funding	80655
requirements of the state insurance fund and all other funds	80656
specified in this chapter and Chapters 4123., 4127., and 4131. of	80657
the Revised Code;	80658

(2) Require that the actuary or person supervised by an	80659
actuary referred to in division (C)(1) of this section complete	80660
the valuation in accordance with the actuarial standards of	80661
practice promulgated by the actuarial standards board of the	80662
American academy of actuaries;	80663

(3) Submit the report referred to in division (C)(1) of this	80664
section to the workers' compensation council and the standing	80665
committees of the house of representatives and the senate with	80666
primary responsibility for workers' compensation legislation not	80667
later than the first day of September following the year for which	80668
the valuation was made;	80669

(4) Have an actuary or a person who provides actuarial	80670
services under the supervision of an actuary, at such time as the	80671
board determines, and at least once during the five-year period	80672
that commences on ~~the effective date of this amendment~~September	80673
10, 2007, and once within each five-year period thereafter,	80674
conduct an actuarial investigation of the experience of	80675
employers, the mortality, service, and injury rate of employees,	80676
and the payment of temporary total disability, permanent partial	80677
disability, and permanent total disability under sections 4123.56	80678
to 4123.58 of the Revised Code to update the actuarial	80679
assumptions used in the report required by division (C)(1) of	80680
this section;	80681

(5) Submit the report required under division (F) of this	80682
section to the council and the standing committees of the house of	80683
representatives and the senate with primary responsibility for	80684
workers' compensation legislation not later than the first day of	80685
November following the fifth year of the period that the report	80686
covers;	80687

(6) Have prepared by or under the supervision of an actuary	80688
an actuarial analysis of any introduced legislation expected to	80689
have a measurable financial impact on the workers' compensation	80690
system;	80691

(7) Submit the report required under division (G) of this	80692
section to the legislative service commission, the standing	80693
committees of the house of representatives and the senate with	80694
primary responsibility for workers' compensation legislation, and	80695
the council not later than sixty days after the date of	80696
introduction of the legislation.	80697

(D) The administrator of workers' compensation and the	80698
industrial commission shall compile information and provide access	80699
to records of the bureau and the industrial commission to the	80700
board to the extent necessary for fulfillment of both of the	80701
following requirements:	80702

(1) Conduct of the measurements and comparisons described in	80703
division (A) of this section;	80704

(2) Conduct of the management and financial audits and	80705
establishment of the principles and methods described in division	80706
(B) of this section.	80707

(E) The firm or person with whom the board contracts pursuant	80708
to division (C)(1) of this section shall prepare a report of the	80709
valuation and submit the report to the board. The firm or person	80710
shall include all of the following information in the report that	80711
is required under division (C)(1) of this section:	80712

(1) A summary of the compensation and benefit provisions	80713
evaluated;	80714

(2) A summary of the census data and financial information	80715
used in the valuation;	80716

(3) A description of the actuarial assumptions, actuarial	80717
cost method, and asset valuation method used in the valuation;	80718

(4) A summary of findings that includes a statement of the	80719
actuarial accrued compensation and benefit liabilities and	80720
unfunded actuarial accrued compensation and benefit liabilities;	80721

(5) A schedule showing the effect of any changes in the	80722
compensation and benefit provisions, actuarial assumptions, or	80723
cost methods since the previous annual actuarial valuation report	80724
was submitted to the board.	80725

(F) The actuary or person whom the board designates to	80726
conduct an actuarial investigation under division (C)(4) of this	80727
section shall prepare a report of the actuarial investigation and	80728
shall submit the report to the board. The actuary or person shall	80729
prepare the report and make any recommended changes in actuarial	80730
assumptions in accordance with the actuarial standards of practice	80731
promulgated by the actuarial standards board of the American	80732
academy of actuaries. The actuary or person shall include all of	80733
the following information in the report:	80734

(1) A summary of relevant decrement and economic assumption	80735
experience;	80736

(2) Recommended changes in actuarial assumptions to be used	80737
in subsequent actuarial valuations required by division (C)(1) of	80738
this section;	80739

(3) A measurement of the financial effect of the recommended	80740
changes in actuarial assumptions.	80741

(G) The actuary or person whom the board designates to	80742
conduct the actuarial analysis under division (C)(6) of this	80743
section shall prepare a report of the actuarial analysis and shall	80744
submit that report to the board. The actuary or person shall	80745
complete the analysis in accordance with the actuarial standards	80746
of practice promulgated by the actuarial standards board of the	80747
American academy of actuaries. The actuary or person shall include	80748
all of the following information in the report:	80749

(1) A summary of the statutory changes being evaluated;

80750

(2) A description of or reference to the actuarial	80751
assumptions and actuarial cost method used in the report;	80752

(3) A description of the participant group or groups included	80753
in the report;	80754

(4) A statement of the financial impact of the legislation,	80755
including the resulting increase, if any, in employer premiums, in	80756
actuarial accrued liabilities, and, if an increase in actuarial	80757
accrued liabilities is predicted, the per cent of premium increase	80758
that would be required to amortize the increase in those	80759
liabilities as a level per cent of employer premiums over a period	80760
not to exceed thirty years.	80761

(5) A statement of whether the employer premiums paid to the	80762
bureau of workers' compensation after the proposed change is	80763
enacted are expected to be sufficient to satisfy the funding	80764
objectives established by the board.	80765

(H) The board may, at any time, request an actuary to make	80766
any studies or actuarial valuations to determine the adequacy of	80767
the premium rates established by the administrator in accordance	80768
with sections 4123.29 and 4123.34 of the Revised Code, and may	80769
adjust those rates as recommended by the actuary.	80770

(I) The board shall have an independent auditor, at least	80771
once every ten years, conduct a fiduciary performance audit of the	80772
investment program of the bureau of workers' compensation. That	80773
audit shall include an audit of the investment policies approved	80774
by the board and investment procedures of the bureau. The board	80775
shall submit a copy of that audit to the auditor of state.	80776

(J) The ~~administrator, with the advice and consent of the~~	80777
~~board, shall employ an~~chief internal auditor ~~who shall report~~or	80778
the office of internal auditing in the office of budget and	80779
management, as applicable, shall submit a copy of the preliminary	80780
report of the internal audit findings and recommendations and a	80781
copy of the final report directly to the board,and the workers'	80782
compensation audit committee~~, and~~in addition to the	80783
administrator~~, except that the internal auditor shall not report~~	80784
~~findings directly to the administrator when those findings involve~~	80785
~~malfeasance, misfeasance, or nonfeasance on the part of the~~	80786
~~administrator. The board and the workers' compensation audit~~	80787
~~committee may request and review internal audits conducted by the~~	80788
~~internal auditor~~as required under section 126.47 of the Revised	80789
Code.	80790

(K) The administrator shall pay the expenses incurred by the	80791
board to effectively fulfill its duties and exercise its powers	80792
under this section as the administrator pays other operating	80793
expenses of the bureau.	80794

Sec. 4123.442. When developing the investment policy for the	80795
investment of the assets of the funds specified in this chapter	80796
and Chapters 4121., 4127., and 4131. of the Revised Code, the	80797
workers' compensation investment committee shall do all of the	80798
following:	80799

(A) Specify the asset allocation targets and ranges, risk	80800
factors, asset class benchmarks, time horizons, total return	80801
objectives, and performance evaluation guidelines;	80802

(B) Prohibit investing the assets of those funds, directly or	80803
indirectly, in vehicles that target any of the following:	80804

(1) Coins;

80805

(2) Artwork;

80806

(3) Horses;

80807

(4) Jewelry or gems;

80808

(5) Stamps;

80809

(6) Antiques;

80810

(7) Artifacts;

80811

(8) Collectibles;

80812

(9) Memorabilia;

80813

(10) Similar unregulated investments that are not commonly	80814
part of an institutional portfolio, that lack liquidity, and that	80815
lack readily determinable valuation.	80816

(C) Specify that the administrator of workers' compensation	80817
may invest in an investment class only if the bureau of workers'	80818
compensation board of directors, by a majority vote, opens that	80819
class;	80820

(D) Prohibit investing the assets of those funds in any class	80821
of investments the board, by majority vote, closed, or any	80822
specific investment in which the board prohibits the administrator	80823
from investing;	80824

(E) Not specify in the investment policy that the	80825
administrator or employees of the bureau of workers' compensation	80826
are prohibited from conducting business with an investment	80827
management firm, any investment management professional associated	80828
with that firm, any third party solicitor associated with that	80829
firm, or any political action committee controlled by that firm or	80830
controlled by an investment management professional of that firm	80831
based on criteria that are more restrictive than the restrictions	80832
described in divisions (Y) and (Z) of section 3517.13 of the	80833
Revised Code.	80834

(F) Specify in the investment policy that the administrator	80835
or employees of the bureau of workers' compensation, when	80836
contracting with agents and investment managers for the	80837
administration of the assets of the funds, may set aside	80838
approximately fifteen per cent of the contracts for minority owned	80839
and controlled firms, to firms owned and controlled by women, to	80840
ventures involving minority owned and controlled firms, and to	80841
ventures involving firms owned and controlled by women that	80842
otherwise meet the policies and criteria established by the	80843
committee.	80844

Sec. 4123.446. (A) As used in this section:

80845

(1) "Minority business enterprise" has the meaning defined in	80846
section 122.71 of the Revised Code.	80847

(2) "Women's business enterprise" means a business, or a	80848
partnership, corporation, limited liability company, or joint	80849
venture of any kind, that is owned and controlled by women who are	80850
United States citizens and residents of this state.	80851

(B) The administrator of workers' compensation shall submit	80852
annually to the governor and to the general assembly (under	80853
section 101.68 of the Revised Code) a report containing the	80854
following information:	80855

(1) The name of each investment manager that is a minority	80856
business enterprise or a women's business enterprise with which	80857
the administrator contracts;	80858

(2) The amount of assets managed by investment managers that	80859
are minority business enterprises or women's business enterprises,	80860
expressed as a percentage of assets managed by investment managers	80861
with which the administrator has contracted;	80862

(3) Efforts by the administrator to increase utilization of	80863
investment managers that are minority business enterprises or	80864
women's business enterprises.	80865

Sec. 4141.08. (A) There is hereby created an unemployment	80866
compensation advisory council appointed as follows:	80867

(1) Three members who on account of their vocation,	80868
employment, or affiliations can be classed as representative of	80869
employers and three members who on account of their vocation,	80870
employment, or affiliation can be classed as representatives of	80871
employees appointed by the governor with the advice and consent of	80872
the senate. All appointees shall be persons whose training and	80873
experience qualify them to deal with the difficult problems of	80874
unemployment compensation, particularly with respect to the legal,	80875
accounting, actuarial, economic, and social aspects of	80876
unemployment compensation;	80877

(2) The chairpersons of the standing committees of the senate	80878
and the house of representatives to which legislation pertaining	80879
to Chapter 4141. of the Revised Code is customarily referred;	80880

(3) Two members of the senate appointed by the president of	80881
the senate; and	80882

(4) Two members of the house of representatives appointed by	80883
the speaker of the house of representatives.	80884

The speaker and the president shall arrange that of the six	80885
legislative members appointed to the council, not more than three	80886
are members of the same political party.	80887

(B) Members appointed by the governor shall serve for a term	80888
of four years, each term ending on the same day as the date of	80889
their original appointment. Legislative members shall serve during	80890
the session of the general assembly to which they are elected and	80891
for as long as they are members of the general assembly. Vacancies	80892
shall be filled in the same manner as the original appointment but	80893
only for the unexpired part of a term.	80894

(C) Members of the council shall serve without salary but,	80895
notwithstanding section 101.26 of the Revised Code, shall be paid	80896
a meeting stipend of fifty dollars per day each and their actual	80897
and necessary expenses while engaged in the performance of their	80898
duties as members of the council which shall be paid from funds	80899
allocated to pay the expenses of the council pursuant to this	80900
section.	80901

(D) The council shall organize itself and select a	80902
chairperson or co-chairpersons and other officers and committees	80903
as it considers necessary. Seven members constitute a quorum and	80904
the council may act only upon the affirmative vote of seven	80905
members. The council shall meet at least once each calendar	80906
quarter but it may meet more often as the council considers	80907
necessary or at the request of the chairperson.	80908

(E) The council may employ professional and clerical	80909
assistance as it considers necessary and may request of the	80910
director of job and family services assistance as it considers	80911
necessary. The director shall furnish the council with office and	80912
meeting space as requested by the council.	80913

(F) The director shall pay the operating expenses of the	80914
council as determined by the council from moneys in the	80915
unemployment compensation special administrative fund established	80916
in section 4141.11 of the Revised Code.	80917

(G) The council shall have access to only the records of the	80918
department of job and family services that are necessary for the	80919
administration of this chapter and to the reasonable services of	80920
the employees of the department. It may request the director, or	80921
any of the employees appointed by the director, or any employer or	80922
employee subject to this chapter, to appear before it and to	80923
testify relative to the functioning of this chapter and to other	80924
relevant matters. The council may conduct research of its own,	80925
make and publish reports, and recommend to the director, the	80926
unemployment compensation review commission, the governor, or the	80927
general assembly needed changes in this chapter, or in the rules	80928
of the department as it considers necessary.	80929

Sec. 4141.11. There is hereby created in the state treasury	80930
the unemployment compensation special administrative fund. The	80931
fund shall consist of all interest collected on delinquent	80932
contributions pursuant to this chapter, all fines and forfeitures	80933
collected under this chapter, and all court costs and interest	80934
paid or collected in connection with the repayment of fraudulently	80935
obtained benefits pursuant to section 4141.35 of the Revised Code.	80936
All interest earned on the money in the fund shall be retained in	80937
the fund and shall not be credited or transferred to any other	80938
fund or account, except as provided in division (B) of this	80939
section. All moneys which are deposited or paid into this fund may	80940
be used by:	80941

(A) The director of job and family services ~~with the approval~~	80942
~~of the unemployment compensation advisory council~~, whenever it	80943
appears that such use is necessary for:	80944

(1) The proper administration of this chapter and no federal	80945
funds are available for the specific purpose for which the	80946
expenditure is to be made, provided the moneys are not substituted	80947
for appropriations from federal funds, which in the absence of	80948
such moneys would be available;	80949

(2) The proper administration of this chapter for which	80950
purpose appropriations from federal funds have been requested and	80951
approved but not received, provided the fund would be reimbursed	80952
upon receipt of the federal appropriation;	80953

(3) To the extent possible, the repayment to the unemployment	80954
compensation administration fund of moneys found by the proper	80955
agency of the United States to have been lost or expended for	80956
purposes other than, or an amount in excess of, those found	80957
necessary by the proper agency of the United States for the	80958
administration of this chapter.	80959

(B) The director or the director's deputy whenever it appears	80960
that such use is necessary for the payment of refunds or	80961
adjustments of interest, fines, forfeitures, or court costs	80962
erroneously collected and paid into this fund pursuant to this	80963
chapter.	80964

(C) The director, to pay state disaster unemployment benefits	80965
pursuant to section 4141.292 of the Revised Code. The director	80966
need not have prior approval from the unemployment compensation	80967
advisory council to make these payments.	80968

(D) The director, to pay any costs attributable to the	80969
director that are associated with the sale of real property under	80970
section 4141.131 of the Revised Code. The director need not have	80971
prior approval from the council to make these payments.	80972

Whenever the balance in the unemployment compensation special	80973
administrative fund is considered to be excessive by the ~~council~~	80974
director, the director shall request the director of budget and	80975
management to transfer to the unemployment compensation fund the	80976
amount considered to be excessive. Any balance in the unemployment	80977
compensation special administrative fund shall not lapse at any	80978
time, but shall be continuously available to the director of ~~jobs~~	80979
job and family services ~~or to the council~~ for expenditures	80980
consistent with this chapter.	80981

Sec. 4141.162. (A) The director of job and family services	80982
shall establish an income and eligibility verification system that	80983
complies with section 1137 of the "Social Security Act." The	80984
programs included in the system are all of the following:	80985

(1) Unemployment compensation pursuant to section 3304 of the	80986
"Internal Revenue Code of 1954";	80987

(2) The state programs funded in part under part A of Title	80988
IV of the "Social Security Act" and administered under Chapters	80989
5107. and 5108. of the Revised Code;	80990

(3) Medicaid pursuant to Title XIX of the "Social Security	80991
Act";	80992

(4) ~~Food stamps~~The supplemental nutrition assistance program	80993
pursuant to the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat.~~	80994
~~958,~~2008 (7 U.S.C.A. 2011~~, as amended~~et seq.;	80995

(5) Any Ohio program under a plan approved under Title I, X,	80996
XIV, or XVI of the "Social Security Act."	80997

Wage information provided by employers to the director shall	80998
be furnished to the income and eligibility verification system.	80999
Such information shall be used by the director to determine	81000
eligibility of individuals for unemployment compensation benefits	81001
and the amount of those benefits and used by the agencies that	81002
administer the programs identified in divisions (A)(2) to (5) of	81003
this section to determine or verify eligibility for or the amount	81004
of benefits under those programs.	81005

The director shall fully implement the use of wage	81006
information to determine eligibility for and the amount of	81007
unemployment compensation benefits by September 30, 1988.	81008

Information furnished under the system shall also be made	81009
available to the appropriate state or local child support	81010
enforcement agency for the purposes of an approved plan under	81011
Title IV-D of the "Social Security Act" and to the appropriate	81012
federal agency for the purposes of Titles II and XVI of the	81013
"Social Security Act."	81014

(B) The director shall adopt rules as necessary under which	81015
the department of job and family services and other state agencies	81016
that the director determines must participate in order to ensure	81017
compliance with section 1137 of the "Social Security Act" exchange	81018
information with each other or authorized federal agencies about	81019
individuals who are applicants for or recipients of benefits under	81020
any of the programs enumerated in division (A) of this section.	81021
The rules shall extend to all of the following:	81022

(1) A requirement for standardized formats and procedures for	81023
a participating agency to request and receive information about an	81024
individual, which information shall include the individual's	81025
social security number;	81026

(2) A requirement that all applicants for and recipients of	81027
benefits under any program enumerated in division (A) of this	81028
section be notified at the time of application, and periodically	81029
thereafter, that information available through the system may be	81030
shared with agencies that administer other benefit programs and	81031
utilized in establishing or verifying eligibility or benefit	81032
amounts under the other programs enumerated in division (A) of	81033
this section;	81034

(3) A requirement that information is made available only to	81035
the extent necessary to assist in the valid administrative needs	81036
of the program receiving the information and is targeted for use	81037
in ways which are most likely to be productive in identifying and	81038
preventing ineligibility and incorrect payments;	81039

(4) A requirement that information is adequately protected	81040
against unauthorized disclosures for purposes other than to	81041
establish or verify eligibility or benefit amounts under the	81042
programs enumerated in division (A) of this section;	81043

(5) A requirement that a program providing information is	81044
reimbursed by the program using the information for the actual	81045
costs of furnishing the information and that the director be	81046
reimbursed by the participating programs for any actual costs	81047
incurred in operating the system;	81048

(6) Requirements for any other matters necessary to ensure	81049
the effective, efficient, and timely exchange of necessary	81050
information or that the director determines must be addressed in	81051
order to ensure compliance with the requirements of section 1137	81052
of the "Social Security Act."	81053

(C) Each participating agency shall furnish to the income and	81054
eligibility verification system established in division (A) of	81055
this section that information, which the director, by rule,	81056
determines is necessary in order to comply with section 1137 of	81057
the "Social Security Act."	81058

(D) Notwithstanding the information disclosure requirements	81059
of this section and section 4141.21 and division (A) of section	81060
4141.284 of the Revised Code, the director shall administer those	81061
provisions of law so as to comply with section 1137 of the "Social	81062
Security Act."	81063

(E) Requirements in section 4141.21 of the Revised Code with	81064
respect to confidentiality of information obtained in the	81065
administration of Chapter 4141. of the Revised Code and any	81066
sanctions imposed for improper disclosure of such information	81067
shall apply to the redisclosure of information disclosed under	81068
this section.	81069

Sec. 4169.02. (A) For the purposes of regulating the	81070
construction, maintenance, mechanical operation, and inspection of	81071
passenger tramways that are associated with ski areas and of	81072
registering operators of passenger tramways in this state, there	81073
is hereby established in the division of ~~industrial compliance~~	81074
labor in the department of commerce a ski tramway board to be	81075
appointed by the governor, with the advice and consent of the	81076
senate. The board shall consist of three members, one of whom	81077
shall be a public member who is an experienced skier and familiar	81078
with ski areas in this state, one of whom shall be a ski area	81079
operator actively engaged in the business of recreational skiing	81080
in this state, and one of whom shall be a professional engineer	81081
who is knowledgeable in the design or operation of passenger	81082
tramways.	81083

Of the initial appointments, one member shall be appointed	81084
for a term of one year, one for a term of two years, and one for a	81085
term of three years. The member appointed to the term beginning on	81086
July 1, 1996, shall be appointed to a term ending on June 30,	81087
1997; the member appointed to a term beginning on July 1, 1997,	81088
shall be appointed to a term ending on June 30, 1999; and the	81089
member appointed to a term beginning on July 1, 1998, shall be	81090
appointed to a term ending on June 30, 2001. Thereafter, each of	81091
the members shall be appointed for a term of six years. Each	81092
member shall hold office from the date of appointment until the	81093
end of the term for which the member was appointed. In the event	81094
of a vacancy, the governor, with the advice and consent of the	81095
senate, shall appoint a successor who shall hold office for the	81096
remainder of the term for which the successor's predecessor was	81097
appointed. A member shall continue in office subsequent to the	81098
expiration date of the member's term until the member's successor	81099
takes office or until a period of sixty days has elapsed,	81100
whichever occurs first. The board shall elect a chairperson from	81101
its members.	81102

The governor may remove any member of the board at any time	81103
for misfeasance, nonfeasance, or malfeasance in office after	81104
giving the member a copy of the charges against the member and an	81105
opportunity to be heard publicly in person or by counsel in the	81106
member's defense. Any such act of removal by the governor is	81107
final. A statement of the findings of the governor, the reason for	81108
the governor's action, and the answer, if any, of the member shall	81109
be filed by the governor with the secretary of state and shall be	81110
open to public inspection.	81111

Members of the board shall be paid two hundred fifty dollars	81112
for each meeting that the member attends, except that no member	81113
shall be paid or receive more than seven hundred fifty dollars for	81114
attending meetings during any calendar year. Each member shall be	81115
reimbursed for the member's actual and necessary expenses incurred	81116
in the performance of official board duties. The chairperson shall	81117
be paid two hundred fifty dollars annually in addition to any	81118
compensation the chairperson receives under this division for	81119
attending meetings and any other compensation the chairperson	81120
receives for serving on the board.	81121

The division shall provide the board with such offices and	81122
such clerical, professional, and other assistance as may be	81123
reasonably necessary for the board to carry on its work. The	81124
division shall maintain accurate copies of the board's rules as	81125
promulgated in accordance with division (B) of this section and	81126
shall keep all of the board's records, including business records,	81127
and inspection reports as well as its own records and reports. The	81128
cost of administering the board and conducting inspections shall	81129
be included in the budget of the division based on revenues	81130
generated by the registration fees established under section	81131
4169.03 of the Revised Code.	81132

(B) In accordance with Chapter 119. of the Revised Code, the	81133
board shall adopt and may amend or rescind rules relating to	81134
public safety in the construction, maintenance, mechanical	81135
operation, and inspection of passenger tramways. The rules shall	81136
be in accordance with established standards in the business of ski	81137
area operation, if any, and shall not discriminate in their	81138
application to ski area operators.	81139

No person shall violate the rules of the board.

81140

(C) The authority of the board shall not extend to any matter	81141
relative to the operation of a ski area other than the	81142
construction, maintenance, mechanical operation, and inspection of	81143
passenger tramways.	81144

(D) A majority of the board constitutes a quorum and may	81145
perform and exercise all the duties and powers devolving upon the	81146
board.	81147

Sec. 4169.03. (A) Before a passenger tramway operator may	81148
operate any passenger tramway in the state, the operator shall	81149
apply to the ski tramway board, on forms prepared by it, for	81150
registration by the board. The application shall contain an	81151
inventory of the passenger tramways that the applicant intends to	81152
operate and other information as the board may reasonably require	81153
and shall be accompanied by the following annual fees:	81154

(1) Each aerial passenger tramway, five hundred dollars;

81155

(2) Each skimobile, two hundred dollars;

81156

(3) Each chair lift, two hundred dollars;

81157

(4) Each J bar, T bar, or platter pull, one hundred dollars;

81158

(5) Each rope tow, fifty dollars;

81159

(6) Each wire rope tow, seventy-five dollars;

81160

(7) Each conveyor, one hundred dollars.

81161

When an operator operates an aerial passenger tramway, a	81162
skimobile, or a chair lift during both a winter and summer season,	81163
the annual fee shall be one and one-half the above amount for the	81164
respective passenger tramway.	81165

(B) Upon payment of the appropriate annual fees in accordance	81166
with division (A) of this section, the board shall issue a	81167
registration certificate to the operator. Each certificate shall	81168
remain in force until the thirtieth day of September next ensuing.	81169
The board shall renew an operator's certificate in accordance with	81170
the standard renewal procedure in Chapter 4745. of the Revised	81171
Code upon payment of the appropriate annual fees.	81172

(C) Money received from the registration fees and from the	81173
fines collected pursuant to section 4169.99 of the Revised Code	81174
shall be paid into the state treasury to the credit of the	81175
~~industrial compliance~~labor operating fund created in section	81176
121.084 of the Revised Code.	81177

(D) No person shall operate a passenger tramway in this state	81178
unless the person has been registered by the board.	81179

Sec. 4169.04. (A) The division of ~~industrial compliance~~	81180
labor in the department of commerce shall make such inspection of	81181
the construction, maintenance, and mechanical operation of	81182
passenger tramways as the ski tramway board may reasonably	81183
require. The division may contract with other qualified engineers	81184
to make such inspection or may accept the inspection report by any	81185
qualified inspector of an insurance company authorized to insure	81186
passenger tramways in this state.	81187

(B) If, as the result of an inspection, an employee of the	81188
division or other agent with whom the division has contracted	81189
finds that a violation of the board's rules exists or a condition	81190
in passenger tramway construction, maintenance, or mechanical	81191
operation exists that endangers public safety, the employee or	81192
agent shall make an immediate report to the board for appropriate	81193
investigation and order.	81194

Sec. 4171.04. (A) Before a person may operate any roller	81195
skating rink in the state, the person shall:	81196

(1) Apply to the superintendent of ~~the division of industrial~~	81197
~~compliance~~labor in the department of commerce on forms designated	81198
by the superintendent for a certificate of registration;	81199

(2) Provide an inventory of all the roller skating rinks that	81200
the applicant intends to operate, and any other information the	81201
superintendent may reasonably require on the application;	81202

(3) Include with the application a registration fee of	81203
twenty-five dollars for each roller skating rink to be operated by	81204
the applicant.	81205

(B) Upon compliance with division (A) of this section, the	81206
superintendent shall issue a certificate of registration to the	81207
operator for each roller skating rink to be operated by the	81208
applicant. Each certificate shall remain in force as follows:	81209

(1) Until the thirty-first day of December next ensuing; or

81210

(2) For sixty days after the dissolution of a partnership.

81211

(C) In case of the dissolution of a partnership by death, the	81212
surviving partner or partners may operate a roller skating rink	81213
pursuant to the certificate of registration obtained by the	81214
partnership in accordance with this chapter for a period of sixty	81215
days following dissolution. The heirs or representatives of	81216
deceased persons and receivers or trustees in bankruptcy appointed	81217
by any competent authority may operate under the certificate of	81218
registration of the person succeeded in possession.	81219

(D) The superintendent shall renew an operator's certificate	81220
of registration in accordance with the standard license renewal	81221
procedure set forth in Chapter 4745. of the Revised Code upon	81222
payment of a renewal fee of twenty-five dollars for each roller	81223
skating rink to be operated by the applicant.	81224

(E) Money received from the registration and renewal fees	81225
collected pursuant to this chapter shall be paid into the state	81226
treasury to the credit of the ~~industrial compliance~~labor	81227
operating fund created in section 121.084 of the Revised Code.	81228

Sec. 4301.333. (A) The privilege of local option conferred	81229
by section 4301.323 of the Revised Code may be exercised if, not	81230
later than four p.m. of the seventy-fifth day before the day of a	81231
general or primary election, a petition is presented to the board	81232
of elections of the county in which the precinct is situated by a	81233
petitioner who is one of the following:	81234

(1) An applicant for the issuance or transfer of a liquor	81235
permit at, or to, a particular location within the precinct;	81236

(2) The holder of a liquor permit at a particular location	81237
within the precinct;	81238

(3) A person who operates or seeks to operate a liquor agency	81239
store at a particular location within the precinct;	81240

(4) The designated agent for an applicant, liquor permit	81241
holder, or liquor agency store described in division (A)(1), (2),	81242
or (3) of this section.	81243

(B) The petition shall be signed by the electors of the	81244
precinct equal in number to at least thirty-five per cent of the	81245
total number of votes cast in the precinct for the office of	81246
governor at the preceding general election for that office and	81247
shall contain all of the following:	81248

(1) A notice that the petition is for the submission of the	81249
question or questions set forth in section 4301.355 of the	81250
Revised Code;	81251

(2) The name of the applicant for the issuance or transfer,	81252
or the holder, of the liquor permit or, if applicable, the name of	81253
the liquor agency store, including any trade or fictitious names	81254
under which the applicant, holder, or liquor agency store either	81255
intends to do or does business at the particular location;	81256

(3) The address and proposed use of the particular location	81257
within the election precinct to which the results of the question	81258
or questions specified in section 4301.355 of the Revised Code	81259
shall apply. For purposes of this division, "use" means all of the	81260
following:	81261

(a) The type of each liquor permit applied for by the	81262
applicant or held by the liquor permit holder as described in	81263
sections 4303.11 to 4303.183 of the Revised Code, including a	81264
description of the type of beer or intoxicating liquor sales	81265
authorized by each permit as provided in those sections;	81266

(b) If a liquor agency store, the fact that the business	81267
operated as a liquor agency store authorized to operate by this	81268
state;	81269

(c) A description of the general nature of the business of	81270
the applicant, liquor permit holder, or liquor agency store.	81271

(4) If the petition seeks approval of Sunday sales under	81272
question (B)(2) as set forth in section 4301.355 of the Revised	81273
Code, a statement indicating whether the hours of sale sought are	81274
between ten a.m. and midnight or between ~~one p.m.~~eleven a.m. and	81275
midnight.	81276

(C)(1) At the time the petitioner files the petition with the	81277
board of elections, the petitioner shall provide to the board both	81278
of the following:	81279

(a) An affidavit that is signed by the petitioner and that	81280
states the proposed use of the location following the election	81281
held to authorize the sale of beer or intoxicating liquor	81282
authorized by each permit as provided in sections 4303.11 to	81283
4303.183 of the Revised Code;	81284

(b) Written evidence of the designation of an agent by the	81285
applicant, liquor permit holder, or liquor agency store described	81286
in division (A)(1), (2), or (3) of this section for the purpose of	81287
petitioning for the local option election, if the petitioner is	81288
the designated agent of the applicant, liquor permit holder, or	81289
liquor agency store.	81290

(2) Failure to supply the affidavit, or the written evidence	81291
of the designation of the agent if the petitioner for the local	81292
option election is the agent of the applicant, liquor permit	81293
holder, or liquor agency store described in division (A)(1), (2),	81294
or (3) of this section, at the time the petition is filed	81295
invalidates the entire petition.	81296

(D) Not later than the sixty-eighth day before the day of the	81297
next general or primary election, whichever occurs first, the	81298
board shall examine and determine the sufficiency of the	81299
signatures and the validity of the petition. If the board finds	81300
that the petition contains sufficient signatures and in other	81301
respects is valid, it shall order the holding of an election in	81302
the precinct on the day of the next general or primary election,	81303
whichever occurs first, for the submission of the question or	81304
questions set forth in section 4301.355 of the Revised Code.	81305

(E) A petition filed with the board of elections under this	81306
section shall be open to public inspection under rules adopted by	81307
the board.	81308

(F) An elector who is eligible to vote on the question or	81309
questions set forth in section 4301.355 of the Revised Code may	81310
file, not later than four p.m. of the sixty-fourth day before the	81311
day of the election at which the question or questions will be	81312
submitted to the electors, a protest against a local option	81313
petition circulated and filed pursuant to this section. The	81314
protest shall be in writing and shall be filed with the election	81315
officials with whom the petition was filed. Upon the filing of the	81316
protest, the election officials with whom it is filed shall	81317
promptly establish a time and place for hearing the protest and	81318
shall mail notice of the time and place for the hearing to the	81319
applicant for, or the holder of, the liquor permit who is	81320
specified in the petition and to the elector who filed the	81321
protest. At the time and place established in the notice, the	81322
election officials shall hear the protest and determine the	81323
validity of the petition.	81324

Sec. 4301.334. (A) The privilege of local option conferred	81325
by section 4301.324 of the Revised Code may be exercised if, not	81326
later than four p.m. of the seventy-fifth day before the day of a	81327
general or primary election, a petition and other information	81328
required by division (B) of this section are presented to the	81329
board of elections of the county in which the community facility	81330
named in the petition is located. The petition shall be signed by	81331
electors of the municipal corporation or unincorporated area of	81332
the township in which the community facility is located equal in	81333
number to at least ten per cent of the total number of votes cast	81334
in the municipal corporation or unincorporated area of the	81335
township in which the community facility is located for the office	81336
of governor at the most recent general election for that office	81337
and shall contain both of the following:	81338

(1) A notice that the petition is for the submission of the	81339
question set forth in section 4301.356 of the Revised Code and a	81340
statement indicating whether the hours of Sunday sales sought in	81341
the local option election are between ten a.m. and midnight or	81342
between eleven a.m. and midnight;	81343

(2) The name and address of the community facility for which	81344
the local option election is sought and, if the community facility	81345
is a community entertainment district, the boundaries of the	81346
district.	81347

(B) Upon the request of a petitioner, a board of elections of	81348
a county shall furnish to the petitioner a copy of the	81349
instructions prepared by the secretary of state under division (P)	81350
of section 3501.05 of the Revised Code and, within fifteen days	81351
after the request, a certificate indicating the number of valid	81352
signatures that will be required on a petition to hold an election	81353
in the municipal corporation or unincorporated area of the	81354
township in which the community facility is located on the	81355
question specified in section 4301.356 of the Revised Code.	81356

The petitioner shall, not less than thirty days before the	81357
petition-filing deadline for an election on the question specified	81358
in section 4301.356 of the Revised Code, specify to the division	81359
of liquor control the name and address of the community facility	81360
for which the election is sought and, if the community facility is	81361
a community entertainment district, the boundaries of the	81362
district, the municipal corporation or unincorporated area of a	81363
township in which the election is sought, and the filing deadline.	81364
The division shall, within a reasonable period of time and not	81365
later than ten days before the filing deadline, supply the	81366
petitioner with the name and address of any permit holder for or	81367
within the community facility.	81368

The petitioner shall file the name and address of any permit	81369
holder who would be affected by the election at the time the	81370
petitioner files the petition with the board of elections. Within	81371
five days after receiving the petition, the board shall give	81372
notice by certified mail to any permit holder within the community	81373
facility that it has received the petition. Failure of the	81374
petitioner to supply the name and address of any permit holder for	81375
or within the community facility as furnished to the petitioner by	81376
the division invalidates the petition.	81377

(C) Not later than the sixty-eighth day before the day of the	81378
next general or primary election, whichever occurs first, the	81379
board shall examine and determine the sufficiency of the	81380
signatures on the petition. If the board finds that the petition	81381
is valid, it shall order the holding of an election in the	81382
municipal corporation or unincorporated area of a township on the	81383
day of the next general or primary election, whichever occurs	81384
first, for the submission of the question set forth in section	81385
4301.356 of the Revised Code.	81386

(D) A petition filed with a board of elections under this	81387
section shall be open to public inspection under rules adopted by	81388
the board.	81389

(E) An elector who is eligible to vote on the question set	81390
forth in section 4301.356 of the Revised Code or any permit holder	81391
for or within the community facility may, not later than four p.m.	81392
of the sixty-fourth day before the day of the election at which	81393
the question will be submitted to the electors, file a written	81394
protest against the local option petition with the board of	81395
elections with which the petition was filed. Upon the filing of	81396
the protest, the board shall promptly fix a time and place for	81397
hearing the protest and shall mail notice of the time and place to	81398
the person who filed the petition and to the person who filed the	81399
protest. At the time and place fixed, the board shall hear the	81400
protest and determine the validity of the petition.	81401

Sec. 4301.351. (A) If a petition is for submission of the	81402
question of whether the sale of intoxicating liquor shall be	81403
permitted on Sunday, a special election shall be held in the	81404
precinct at the time fixed as provided in section 4301.33 of the	81405
Revised Code. The expenses of holding the election shall be	81406
charged to the municipal corporation or township of which the	81407
precinct is a part.	81408

(B) At the election, one or more of the following questions,	81409
question (B)(1), (B)(2), or (B)(3) as designated in a valid	81410
petition or question (B)(4) as submitted by the legislative	81411
authority of a municipal corporation or the board of trustees of a	81412
township, shall be submitted to the electors of the precinct:	81413

(1) "Shall the sale of intoxicating liquor, of the same types	81414
as may be legally sold in this precinct on other days of the week,	81415
be permitted in this ........ for consumption on the premises	81416
where sold, between the hours of ~~one p.m.~~eleven a.m. and midnight	81417
on Sunday?"	81418

(2) "Shall the sale of intoxicating liquor, of the same types	81419
as may be legally sold in this precinct on other days of the week,	81420
be permitted in this ........ for consumption on the premises	81421
where sold, between the hours of ~~one p.m.~~eleven a.m. and midnight	81422
on Sunday, at licensed premises where the sale of food and other	81423
goods and services exceeds fifty per cent of the total gross	81424
receipts of the permit holder at the premises?"	81425

(3) "Shall the sale of wine and mixed beverages, of the same	81426
types as may be legally sold in this precinct on other days of the	81427
week, be permitted in this ........ for consumption off the	81428
premises where sold, between the hours of ~~one p.m.~~eleven a.m. and	81429
midnight on Sunday?"	81430

(4) "Shall the sale of intoxicating liquor, of the same types	81431
as may be legally sold in this precinct on other days of the week,	81432
be permitted in this ....... for consumption on the premises where	81433
sold, between the hours of one p.m. and midnight on Sunday, at	81434
outdoor performing arts centers, as defined in section 4303.182 of	81435
the Revised Code, that have been issued a D-6 permit?"	81436

Question (B)(4) shall be presented to the electors of a	81437
precinct in which an outdoor performing arts center is located	81438
only if the legislative authority of the municipal corporation in	81439
which, or the board of trustees of the township in which, the	81440
outdoor performing arts center is located submits, not later than	81441
four p.m. of the seventy-fifth day before the day of a primary or	81442
general election that occurs within two years after ~~the effective~~	81443
~~date of this amendment~~April 9, 2001, to the board of elections of	81444
the county in which the precinct is located, a copy of an	81445
ordinance or resolution requesting the submission of that question	81446
to the electors of the precinct. An election on question (B)(4)	81447
may not be sought by a petition under section 4301.33 of the	81448
Revised Code.	81449

(C) At the election, one or more of the following questions,	81450
as designated in a valid petition, shall be submitted to the	81451
electors of the precinct:	81452

(1) "Shall the sale of intoxicating liquor, of the same types	81453
as may be legally sold in this precinct on other days of the week,	81454
be permitted in this ........ for consumption on the premises	81455
where sold, between the hours of ten a.m. and midnight on Sunday?"	81456

(2) "Shall the sale of intoxicating liquor, of the same types	81457
as may be legally sold in this precinct on other days of the week,	81458
be permitted in this ........ for consumption on the premises	81459
where sold, between the hours of ten a.m. and midnight on Sunday,	81460
at licensed premises where the sale of food and other goods and	81461
services exceeds fifty per cent of the total gross receipts of the	81462
permit holder at the premises?"	81463

(3) "Shall the sale of wine and mixed beverages, of the same	81464
types as may be legally sold in this precinct on other days of the	81465
week, be permitted in this ........ for consumption off the	81466
premises where sold, between the hours of ten a.m. and midnight on	81467
Sunday?"	81468

(D) No C or D permit holder who first applied for such a	81469
permit after April 15, 1982, shall sell beer on Sunday unless the	81470
sale of intoxicating liquor is authorized in the precinct or	81471
portion of the precinct at an election on question (B)(1),	81472
(B)(2), or (B)(3) of this section, on question (C)(1), (C)(2), or	81473
(C)(3) of this section, on question (B)(1), (B)(2), or (B)(3) of	81474
section 4301.354 of the Revised Code, on question (C)(1), (C)(2),	81475
or (C)(3) of section 4301.354 of the Revised Code, or on question	81476
(B)(2) of section 4301.355 of the Revised Code. No D-6 permit is	81477
required for the sale of beer on Sunday.	81478

The board of elections to which the petition is presented	81479
shall furnish printed ballots at the election in accordance with	81480
section 3505.06 of the Revised Code, and separate ballots shall be	81481
used for the special election under this section. One or more of	81482
the questions prescribed by divisions (B) and (C) of this section,	81483
as designated in the petition, shall be set forth on each ballot,	81484
and the board shall insert in each question the name or an	81485
accurate description of the precinct in which the election is to	81486
be held. Votes shall be cast as provided in section 3505.06 of the	81487
Revised Code.	81488

Sec. 4301.354. (A) If a petition is filed under section	81489
4301.332 of the Revised Code for the submission of one or more	81490
questions set forth in this section, a special election shall be	81491
held in the precinct as ordered by the board of elections under	81492
that section. The expense of holding the special election shall be	81493
charged to the municipal corporation or township of which the	81494
precinct is a part.	81495

(B) At the election, one or more of the following questions,	81496
as designated in a valid petition, shall be submitted to the	81497
electors of the precinct concerning Sunday sales:	81498

(1) "Shall the sale of intoxicating liquor be permitted in a	81499
portion of this precinct between the hours of ~~one p.m.~~eleven a.m.	81500
and midnight on Sunday for consumption on the premises where sold,	81501
where the status of such Sunday sales as allowed or prohibited is	81502
inconsistent with the status of such Sunday sales in the remainder	81503
of the precinct?"	81504

(2) "Shall the sale of intoxicating liquor be permitted in a	81505
portion of this precinct between the hours of ~~one p.m.~~eleven a.m.	81506
and midnight on Sunday for consumption on the premises where sold	81507
at licensed premises where the sale of food and other goods	81508
exceeds fifty per cent of the total gross receipts of the permit	81509
holder at the premises, where the status of such Sunday sales as	81510
allowed or prohibited is inconsistent with the status of such	81511
Sunday sales in the remainder of the precinct?"	81512

(3) "Shall the sale of wine and mixed beverages be permitted	81513
in a portion of this precinct between the hours of ~~one p.m.~~eleven	81514
a.m. and midnight on Sunday for consumption off the premises where	81515
sold, where the status of such Sunday sales as allowed or	81516
prohibited is inconsistent with the status of such Sunday sales in	81517
the remainder of the precinct?"	81518

(C) At the election, one or more of the following questions,	81519
as designated in a valid petition, shall be submitted to the	81520
electors of the precinct concerning Sunday sales:	81521

(1) "Shall the sale of intoxicating liquor be permitted in a	81522
portion of this precinct between the hours of ten a.m. and	81523
midnight on Sunday for consumption on the premises where sold,	81524
where the status of such Sunday sales as allowed or prohibited is	81525
inconsistent with the status of such Sunday sales in the remainder	81526
of the precinct?"	81527

(2) "Shall the sale of intoxicating liquor be permitted in a	81528
portion of this precinct between the hours of ten a.m. and	81529
midnight on Sunday for consumption on the premises where sold at	81530
licensed premises where the sale of food and other goods exceeds	81531
fifty per cent of the total gross receipts of the permit holder at	81532
the premises, where the status of such Sunday sales as allowed or	81533
prohibited is inconsistent with the status of such Sunday sales in	81534
the remainder of the precinct?"	81535

(3) "Shall the sale of wine and mixed beverages be permitted	81536
in a portion of this precinct between the hours of ten a.m. and	81537
midnight on Sunday for consumption off the premises where sold,	81538
where the status of such Sunday sales as allowed or prohibited is	81539
inconsistent with the status of such Sunday sales in the remainder	81540
of the precinct?"	81541

(D) The board of elections shall furnish printed ballots at	81542
the special election as provided under section 3505.06 of the	81543
Revised Code, except that a separate ballot shall be used for the	81544
special election. The one or more questions set forth in divisions	81545
(B) and (C) of this section shall be printed on each ballot, and	81546
the board shall insert in the ~~question and statement~~questions	81547
appropriate words to complete each and a description of the	81548
portion of the precinct that would be affected by the results of	81549
the election.	81550

The description of the portion of the precinct shall include	81551
either the complete listing of street addresses in that portion or	81552
a condensed text that accurately describes the boundaries of the	81553
portion of the precinct by street name or by another name	81554
generally known by the residents of the portion of the precinct.	81555
If other than a full street listing is used, the full street	81556
listing also shall be posted in each polling place in a location	81557
that is easily accessible to all voters. Failure of the board of	81558
elections to completely and accurately list all street addresses	81559
in the affected area of the precinct does not affect the validity	81560
of the election at which the failure occurred and is not grounds	81561
for contesting an election under section 3515.08 of the Revised	81562
Code. Votes shall be cast as provided under section 3505.06 of the	81563
Revised Code.	81564

Sec. 4301.355. (A) If a petition is filed under section	81565
4301.333 of the Revised Code for the submission of the question or	81566
questions set forth in this section, it shall be held in the	81567
precinct as ordered by the board of elections under that section.	81568
The expense of holding the election shall be charged to the	81569
municipal corporation or township of which the precinct is a part.	81570

(B) At the election, one or more of the following questions,	81571
as designated in a valid petition, shall be submitted to the	81572
electors of the precinct:	81573

(1) "Shall the sale of .......... (insert beer, wine and	81574
mixed beverages, or spirituous liquor) be permitted by ..........	81575
(insert name of applicant, liquor permit holder, or liquor agency	81576
store, including trade or fictitious name under which applicant	81577
for, or holder of, liquor permit or liquor agency store either	81578
intends to do, or does, business at the particular location), an	81579
.......... (insert "applicant for" or "holder of" or "operator	81580
of") a .......... (insert class name of liquor permit or permits	81581
followed by the words "liquor permit(s)" or, if appropriate, the	81582
words "liquor agency store for the State of Ohio"), who is engaged	81583
in the business of .......... (insert general nature of the	81584
business in which applicant or liquor permit holder is engaged or	81585
will be engaged in at the particular location, as described in the	81586
petition) at .......... (insert address of the particular location	81587
within the precinct as set forth in the petition) in this	81588
precinct?"	81589

(2) "Shall the sale of .......... (insert beer, wine and	81590
mixed beverages, or spirituous liquor) be permitted for sale on	81591
Sunday between the hours of .......... (insert "ten a.m. and	81592
midnight" or "~~one p.m.~~eleven a.m. and midnight") by ..........	81593
(insert name of applicant, liquor permit holder, or liquor agency	81594
store, including trade or fictitious name under which applicant	81595
for, or holder of, liquor permit or liquor agency store either	81596
intends to do, or does, business at the particular location), an	81597
...... (insert "applicant for a D-6 liquor permit," "holder of a	81598
D-6 liquor permit," "applicant for or holder of an A-1-A, A-2,	81599
A-3a, C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c,	81600
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, or D-7	81601
liquor permit," if only the approval of beer sales is sought, or	81602
"liquor agency store") who is engaged in the business of	81603
.......... (insert general nature of the business in which	81604
applicant or liquor permit holder is engaged or will be engaged	81605
in at the particular location, as described in the petition) at	81606
.......... (insert address of the particular location within the	81607
precinct) in this precinct?"	81608

(C) The board of elections shall furnish printed ballots at	81609
the election as provided under section 3505.06 of the Revised	81610
Code, except that a separate ballot shall be used for the election	81611
under this section. The question set forth in this section shall	81612
be printed on each ballot, and the board shall insert in the	81613
question appropriate words to complete it. Votes shall be cast as	81614
provided under section 3505.06 of the Revised Code.	81615

Sec. 4301.356. If a petition is filed under section 4301.334	81616
of the Revised Code for the submission of the question set forth	81617
in this section, an election shall be held in the municipal	81618
corporation or unincorporated area of a township as ordered by the	81619
board of elections under that section.	81620

Except as otherwise provided in this section, if the	81621
legislative authority of a municipal corporation in whose	81622
territory, or the board of township trustees of a township in	81623
whose unincorporated area, a community facility is located	81624
submits, not later than four p.m. of the seventy-fifth day before	81625
the day of a primary or general election, to the board of	81626
elections of the county in which the community facility is located	81627
an ordinance or resolution requesting the submission of the	81628
question set forth in this section to the electors of the	81629
municipal corporation or unincorporated area of the township, the	81630
board of elections shall order that an election be held on that	81631
question in the municipal corporation or the unincorporated area	81632
of the township on the day of the next primary or general	81633
election, whichever occurs first. The legislative authority or	81634
board of township trustees shall submit the name and address of	81635
any permit holder who would be affected by the results of the	81636
election to the board of elections at the same time it submits the	81637
ordinance or resolution. The board of elections, within five days	81638
after receiving the name and address, shall give notice by	81639
certified mail to each permit holder that it has received the	81640
ordinance or resolution. Failure of the legislative authority or	81641
board of township trustees to supply the name and address of each	81642
permit holder to the board of elections invalidates the effect of	81643
the ordinance or resolution.	81644

At the election, the following question shall be submitted to	81645
the electors of the municipal corporation or unincorporated area	81646
of a township:	81647

"Shall the sale of beer and intoxicating liquor be permitted	81648
on days of the week other than Sunday and between the hours of ~~one~~	81649
~~p.m.~~.......... (insert "ten a.m." or "eleven a.m.") and midnight	81650
on Sunday, at .......... (insert name of community facility), a	81651
community facility as defined by section 4301.01 of the Revised	81652
Code, and located at ........ (insert the address of the community	81653
facility and, if the community facility is a community	81654
entertainment district, the boundaries of the district, as set	81655
forth in the petition)?"	81656

The board of elections shall furnish printed ballots at the	81657
election as provided under section 3505.06 of the Revised Code,	81658
except that a separate ballot shall be used for the election under	81659
this section. The question set forth in this section shall be	81660
printed on each ballot, and the board shall insert in the question	81661
appropriate words to complete ~~each~~it, subject to the approval of	81662
the secretary of state. Votes shall be cast as provided under	81663
section 3505.06 of the Revised Code.	81664

Sec. 4301.361. (A) If a majority of the electors voting on	81665
questions set forth in section 4301.351 of the Revised Code in a	81666
precinct vote "yes" on question (B)(1) or (C)(1), or, if both	81667
questions (B)(1) and (B)(2), or questions (C)(1) and (C)(2), are	81668
submitted, "yes" on both questions or "yes" on question (B)(1) or	81669
(C)(1) but "no" on question (B)(2) or (C)(2), sales of	81670
intoxicating liquor shall be allowed on Sunday in the manner and	81671
under the conditions specified in question (B)(1) or (C)(1), under	81672
a D-6 permit, within the precinct concerned, during the hours	81673
specified in division (A) of section 4303.182 of the Revised Code	81674
and during the period the election is in effect as defined in	81675
section 4301.37 of the Revised Code.	81676

(B) If only question (B)(2) or (C)(2) is submitted to the	81677
voters or if questions (B)(2) and (B)(3) or (C)(2) and (C)(3) are	81678
submitted and a majority of the electors voting in a precinct vote	81679
"yes" on question (B)(2) or (C)(2) as set forth in section	81680
4301.351 of the Revised Code, sales of intoxicating liquor shall	81681
be allowed on Sunday in the manner and under the conditions	81682
specified in question (B)(2) or (C)(2), under a D-6 permit, within	81683
the precinct concerned, during the hours specified in division (A)	81684
of section 4303.182 of the Revised Code and during the period the	81685
election is in effect as defined in section 4301.37 of the Revised	81686
Code, even if question (B)(1) or (C)(1) was also submitted and a	81687
majority of the electors voting in the precinct voted "no."	81688

(C) If question (B)(3) or (C)(3) is submitted and a majority	81689
of electors voting on question (B)(3) or (C)(3) as set forth in	81690
section 4301.351 of the Revised Code in a precinct vote "yes,"	81691
sales of wine and mixed beverages shall be allowed on Sunday in	81692
the manner and under the conditions specified in question (B)(3)	81693
or (C)(3), under a D-6 permit, within the precinct concerned,	81694
during the hours specified in division (A) of section 4303.182 of	81695
the Revised Code and during the period the election is in effect	81696
as defined in section 4301.37 of the Revised Code.	81697

(D) If questions (B)(1), (B)(2), and (B)(3), or questions	81698
(C)(1), (C)(2), and (C)(3), as set forth in section 4301.351 of	81699
the Revised Code, are all submitted and a majority of the electors	81700
voting in such precinct vote "no" on all three questions, no sales	81701
of intoxicating liquor shall be made within the precinct concerned	81702
after two-thirty a.m. on Sunday as specified in the questions	81703
submitted, during the period the election is in effect as defined	81704
in section 4301.37 of the Revised Code.	81705

(E) If question (C)(1) as set forth in section 4301.351 of	81706
the Revised Code is submitted to the voters in a precinct in which	81707
question (B)(1) as set forth in that section previously was	81708
submitted and approved, and the results of the election on	81709
question (B)(1) are still in effect in the precinct; or if	81710
question (C)(2) as set forth in that section is submitted to the	81711
voters in a precinct in which question (B)(2) as set forth in that	81712
section previously was submitted and approved, and the results of	81713
the election on question (B)(2) are still in effect in the	81714
precinct; or if question (C)(3) as set forth in that section is	81715
submitted to the voters in a precinct in which question (B)(3) as	81716
set forth in that section previously was submitted and approved,	81717
and the results of the election on question (B)(3) are still in	81718
effect in the precinct; and if a majority of the electors voting	81719
on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall	81720
continue to be allowed in the precinct in the manner and under the	81721
conditions specified in the previously approved question (B)(1),	81722
(B)(2), or (B)(3), as applicable.	81723

(F) If question (B)(4) as set forth in section 4301.351 of	81724
the Revised Code is submitted and a majority of the electors	81725
voting in the precinct vote "yes," sales of intoxicating liquor	81726
shall be allowed on Sunday at outdoor performing arts centers in	81727
the manner and under the conditions specified in question (B)(4)	81728
under a D-6 permit, within the precinct concerned, during the	81729
hours specified in division (F) of section 4303.182 of the Revised	81730
Code and during the period the election is in effect as defined in	81731
section 4301.37 of the Revised Code. If question (B)(4) as set	81732
forth in section 4301.351 of the Revised Code is submitted and a	81733
majority of the electors voting in the precinct vote "no," no	81734
sales of intoxicating liquor shall be allowed at outdoor	81735
performing arts centers in the precinct concerned under a D-6	81736
permit, after 2:30 a.m. on Sunday, during the period the election	81737
is in effect as defined in section 4301.37 of the Revised Code.	81738

Sec. 4301.364. (A) If a majority of the electors in a	81739
precinct vote "yes" on question (B)(1) or (C)(1) as set forth in	81740
section 4301.354 of the Revised Code, the sale of intoxicating	81741
liquor, of the same types as may be legally sold in the precinct	81742
on other days of the week, shall be permitted on Sunday in the	81743
portion of the precinct affected by the results of the election	81744
during the hours specified in division (A) of section 4303.182 of	81745
the Revised Code and in the manner and under the conditions	81746
specified in the question, subject only to this chapter and	81747
Chapter 4303. of the Revised Code.	81748

(B) If a majority of the electors in a precinct vote "yes" on	81749
question (B)(2) or (C)(2) as set forth in section 4301.354 of the	81750
Revised Code, the sale of intoxicating liquor, of the same types	81751
as may be legally sold in the precinct on other days of the week,	81752
shall be permitted on Sunday in the portion of the precinct	81753
affected by the results of the election during the hours specified	81754
in division (A) of section 4303.182 of the Revised Code and in the	81755
manner and under the conditions specified in the question, subject	81756
only to this chapter and Chapter 4303. of the Revised Code.	81757

(C) If a majority of the electors in a precinct vote "yes" on	81758
question (B)(3) or (C)(3) as set forth in section 4301.354 of the	81759
Revised Code, the sale of wine and mixed beverages shall be	81760
permitted on Sunday in the portion of the precinct affected by the	81761
results of the election during the hours specified in division (A)	81762
of section 4303.182 of the Revised Code and in the manner and	81763
under the conditions specified in the question, subject only to	81764
this chapter and Chapter 4303. of the Revised Code.	81765

(D) If a majority of the electors in a precinct vote "no" on	81766
question (B)(1) or (C)(1) as set forth in section 4301.354 of the	81767
Revised Code, no sale of intoxicating liquor shall be permitted on	81768
Sunday in the manner and under the conditions specified in the	81769
question in the portion of the precinct affected by the results of	81770
the election.	81771

(E) If a majority of the electors in a precinct vote "no" on	81772
question (B)(2) or (C)(2) as set forth in section 4301.354 of the	81773
Revised Code, no sale of intoxicating liquor shall be permitted on	81774
Sunday in the manner and under the conditions specified in the	81775
question in the portion of the precinct affected by the results of	81776
the election.	81777

(F) If a majority of the electors in a precinct vote "no" on	81778
question (B)(3) or (C)(3) as set forth in section 4301.354 of the	81779
Revised Code, no sale of wine or mixed beverages shall be	81780
permitted on Sunday in the manner and under the conditions	81781
specified in the question in the portion of the precinct affected	81782
by the results of the election.	81783

(G) If question (C)(1) as set forth in section 4301.354 of	81784
the Revised Code is submitted to the voters in a precinct in which	81785
question (B)(1) as set forth in that section previously was	81786
submitted and approved, and the results of the election on	81787
question (B)(1) are still in effect in the precinct; or if	81788
question (C)(2) as set forth in that section is submitted to the	81789
voters in a precinct in which question (B)(2) as set forth in that	81790
section previously was submitted and approved, and the results of	81791
the election on question (B)(2) are still in effect in the	81792
precinct; or if question (C)(3) as set forth in that section is	81793
submitted to the voters in a precinct in which question (B)(3) as	81794
set forth in that section previously was submitted and approved,	81795
and the results of the election on question (B)(3) are still in	81796
effect in the precinct; and if a majority of the electors voting	81797
on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall	81798
continue to be allowed in the precinct in the manner and under the	81799
conditions specified in the previously approved question (B)(1),	81800
(B)(2), or (B)(3), as applicable.	81801

Sec. 4301.365. (A) If a majority of the electors in a	81802
precinct vote "yes" on questions (B)(1) and (2) as set forth in	81803
section 4301.355 of the Revised Code, the sale of beer, wine and	81804
mixed beverages, or spirituous liquor, whichever was the subject	81805
of the election, shall be allowed at the particular location and	81806
for the use~~, and during the hours on Sunday,~~ specified in the	81807
questions under each permit applied for by the petitioner or at	81808
the address listed for the liquor agency store, and, in relation	81809
to question (B)(2), during the hours on Sunday specified in	81810
division (A) of section 4303.182 of the Revised Code, subject only	81811
to this chapter and Chapter 4303. of the Revised Code. Failure to	81812
continue to use the particular location for any proposed or stated	81813
use set forth in the petition is grounds for the denial of a	81814
renewal of the liquor permit under division (A) of section	81815
4303.271 of the Revised Code or is grounds for the nonrenewal or	81816
cancellation of the liquor agency store contract by the division	81817
of liquor control, except in the case where the liquor permit	81818
holder or liquor agency store decides to cease the sale of beer,	81819
wine and mixed beverages, or spirituous liquor, whichever was the	81820
subject of the election, on Sundays.	81821

(B) Except as otherwise provided in division (H) of this	81822
section, if a majority of the electors in a precinct vote "yes" on	81823
question (B)(1) and "no" on question (B)(2) as set forth in	81824
section 4301.355 of the Revised Code, the sale of beer, wine and	81825
mixed beverages, or spirituous liquor, whichever was the subject	81826
of the election, shall be allowed at the particular location for	81827
the use specified in question (B)(1) of section 4301.355 of the	81828
Revised Code and under each permit applied for by the petitioner,	81829
except for a D-6 permit, subject only to this chapter and Chapter	81830
4303. of the Revised Code.	81831

(C) If a majority of the electors in a precinct vote "no" on	81832
question (B)(1) as set forth in section 4301.355 of the Revised	81833
Code, no sales of beer, wine and mixed beverages, or spirituous	81834
liquor, whichever was the subject of the election, shall be	81835
allowed at the particular location for the use specified in the	81836
petition during the period the election is in effect as defined in	81837
section 4301.37 of the Revised Code.	81838

(D) If a majority of the electors in a precinct vote only on	81839
question (B)(2) as set forth in section 4301.355 of the Revised	81840
Code and that vote results in a majority "yes" vote, sales of	81841
beer, wine and mixed beverages, or spirituous liquor, whichever	81842
was the subject of the election, shall be allowed at the	81843
particular location for the use ~~and during the hours~~ specified in	81844
the petition on Sunday during the hours specified in division (A)	81845
of section 4303.182 of the Revised Code and during the period the	81846
election is in effect as defined in section 4301.37 of the Revised	81847
Code.	81848

(E) Except as otherwise provided in division (H) of this	81849
section, if a majority of the electors in a precinct vote only on	81850
question (B)(2) as set forth in section 4301.355 of the Revised	81851
Code and that vote results in a majority "no" vote, no sales of	81852
beer, wine and mixed beverages, or spirituous liquor, whichever	81853
was the subject of the election, shall be allowed at the	81854
particular location for the use and during the hours specified in	81855
the petition on Sunday during the period the election is in effect	81856
as defined in section 4301.37 of the Revised Code.	81857

(F) In case of elections in the same precinct for the	81858
question or questions set forth in section 4301.355 of the Revised	81859
Code and for a question or questions set forth in section 4301.35,	81860
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised	81861
Code, the results of the election held on the question or	81862
questions set forth in section 4301.355 of the Revised Code shall	81863
apply to the particular location notwithstanding the results of	81864
the election held on the question or questions set forth in	81865
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14	81866
of the Revised Code.	81867

(G) Sections 4301.32 to 4301.41 of the Revised Code do not	81868
prohibit the transfer of ownership of a permit that was issued to	81869
a particular location as the result of an election held on sales	81870
of beer, wine and mixed beverages, spirituous liquor, or	81871
intoxicating liquor at that particular location as long as the	81872
general nature of the business at that particular location	81873
described in the petition for that election remains the same after	81874
the transfer.	81875

(H) If question (B)(2) as set forth in section 4301.355 of	81876
the Revised Code is submitted to the electors of a precinct	81877
proposing to authorize the sale of beer, wine and mixed beverages,	81878
or spirituous liquor between the hours of ten a.m. and midnight at	81879
a particular location at which the sale of beer, wine and mixed	81880
beverages, spirituous liquor, or intoxicating liquor is already	81881
allowed between the hours of eleven a.m. and midnight or one p.m.	81882
and midnight and the question submitted is defeated, the sale of	81883
beer, wine and mixed beverages, spirituous liquor, or intoxicating	81884
liquor between the hours of eleven a.m. and midnight or one p.m.	81885
and midnight, as applicable, shall continue at that particular	81886
location.	81887

Sec. 4301.366. If a majority of the electors voting on the	81888
question specified in section 4301.356 of the Revised Code vote	81889
"yes," the sale of beer and intoxicating liquor shall be allowed	81890
at the community facility ~~and~~on days of the week other than	81891
Sunday and during the hours on Sunday specified in division (A) of	81892
section 4303.182 of the Revised Code, for the use specified in the	81893
question, subject only to this chapter and Chapter 4303. of the	81894
Revised Code. Failure to continue to use the location as a	81895
community facility constitutes good cause for rejection of the	81896
renewal of the liquor permit under division (A) of section	81897
4303.271 of the Revised Code.	81898

If a majority of the electors voting on the question	81899
specified in section 4301.356 of the Revised Code vote "no," no	81900
sales of beer or intoxicating liquor shall be made at or within	81901
the community facility during the period the election is in effect	81902
as defined in section 4301.37 of the Revised Code.	81903

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	81904
the Revised Code:	81905

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	81906
fluid ounces.	81907

(2) "Sale" or "sell" includes exchange, barter, gift,	81908
distribution, and, except with respect to A-4 permit holders,	81909
offer for sale.	81910

(B) For the purposes of providing revenues for the support of	81911
the state and encouraging the grape industries in the state, a tax	81912
is hereby levied on the sale or distribution of wine in Ohio,	81913
except for known sacramental purposes, at the rate of thirty cents	81914
per wine gallon for wine containing not less than four per cent of	81915
alcohol by volume and not more than fourteen per cent of alcohol	81916
by volume, ninety-eight cents per wine gallon for wine containing	81917
more than fourteen per cent but not more than twenty-one per cent	81918
of alcohol by volume, one dollar and eight cents per wine gallon	81919
for vermouth, and one dollar and forty-eight cents per wine gallon	81920
for sparkling and carbonated wine and champagne, the tax to be	81921
paid by the holders of A-2 and B-5 permits or by any other person	81922
selling or distributing wine upon which no tax has been paid. From	81923
the tax paid under this section on wine, vermouth, and sparkling	81924
and carbonated wine and champagne, the treasurer of state shall	81925
credit to the Ohio grape industries fund created under section	81926
924.54 of the Revised Code a sum equal to one cent per gallon for	81927
each gallon upon which the tax is paid.	81928

(C) For the purpose of providing revenues for the support of	81929
the state, there is hereby levied a tax on prepared and bottled	81930
highballs, cocktails, cordials, and other mixed beverages at the	81931
rate of one dollar and twenty cents per wine gallon to be paid by	81932
holders of A-4 permits or by any other person selling or	81933
distributing those products upon which no tax has been paid. Only	81934
one sale of the same article shall be used in computing the amount	81935
of tax due. The tax on mixed beverages to be paid by holders of	81936
A-4 permits under this section shall not attach until the	81937
ownership of the mixed beverage is transferred for valuable	81938
consideration to a wholesaler or retailer, and no payment of the	81939
tax shall be required prior to that time.	81940

(D) During the period of July 1, ~~2007~~2009, through June 30,	81941
~~2009~~2011, from the tax paid under this section on wine, vermouth,	81942
and sparkling and carbonated wine and champagne, the treasurer of	81943
state shall credit to the Ohio grape industries fund created under	81944
section 924.54 of the Revised Code a sum equal to two cents per	81945
gallon upon which the tax is paid. The amount credited under this	81946
division is in addition to the amount credited to the Ohio grape	81947
industries fund under division (B) of this section.	81948

(E) For the purpose of providing revenues for the support of	81949
the state, there is hereby levied a tax on cider at the rate of	81950
twenty-four cents per wine gallon to be paid by the holders of A-2	81951
and B-5 permits or by any other person selling or distributing	81952
cider upon which no tax has been paid. Only one sale of the same	81953
article shall be used in computing the amount of the tax due.	81954

Sec. 4303.182. (A) Except as otherwise provided in divisions	81955
(B) to (J) of this section, permit D-6 shall be issued to the	81956
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	81957
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	81958
D-5k, D-5l, D-5m, or D-7 permit to allow sale under that permit	81959
~~between~~as follows:	81960

(1) Between the hours of ten a.m. and midnight~~, or between~~	81961
on Sunday if sale during those hours has been approved under	81962
question (C)(1), (2), or (3) of section 4301.351 or 4301.354 of	81963
the Revised Code, under question (B)(2) of section 4301.355 of	81964
the Revised Code, or under section 4301.356 of the Revised Code	81965
and has been authorized under section 4301.361, 4301.364,	81966
4301.365, or 4301.366 of the Revised Code, under the restrictions	81967
of that authorization;	81968

(2) Between the hours of ~~one p.m.~~eleven a.m. and midnight,	81969
on Sunday~~, as applicable,~~ if ~~that~~ sale during those hours has been	81970
approved on or after the effective date of this amendment under	81971
question (B)(1), (2), or (3) of section 4301.351 or 4301.354 of	81972
the Revised Code, under question (B)(2) of section 4301.355 of the	81973
Revised Code, or under section 4301.356 of the Revised Code and	81974
has been authorized under section 4301.361, 4301.364, 4301.365, or	81975
4301.366 of the Revised Code ~~and~~, under the restrictions of that	81976
authorization;	81977

(3) Between the hours of eleven a.m. and midnight on Sunday	81978
if sale between the hours of one p.m. and midnight was approved	81979
before the effective date of this amendment under question (B)(1),	81980
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	81981
under question (B)(2) of section 4301.355 of the Revised Code, or	81982
under section 4301.356 of the Revised Code and has been authorized	81983
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	81984
Revised Code, under the other restrictions of that authorization.	81985

(B) Permit D-6 shall be issued to the holder of any permit,	81986
including a D-4a and D-5d permit, authorizing the sale of	81987
intoxicating liquor issued for a premises located at any publicly	81988
owned airport, as defined in section 4563.01 of the Revised Code,	81989
at which commercial airline companies operate regularly scheduled	81990
flights on which space is available to the public, to allow sale	81991
under such permit between the hours of ten a.m. and midnight on	81992
Sunday, whether or not that sale has been authorized under section	81993
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	81994

(C) Permit D-6 shall be issued to the holder of a D-5a	81995
permit, and to the holder of a D-3 or D-3a permit who is the owner	81996
or operator of a hotel or motel that is required to be licensed	81997
under section 3731.03 of the Revised Code, that contains at least	81998
fifty rooms for registered transient guests, and that has on its	81999
premises a retail food establishment or a food service operation	82000
licensed pursuant to Chapter 3717. of the Revised Code that	82001
operates as a restaurant for purposes of this chapter and is	82002
affiliated with the hotel or motel and within or contiguous to the	82003
hotel or motel and serving food within the hotel or motel, to	82004
allow sale under such permit between the hours of ten a.m. and	82005
midnight on Sunday, whether or not that sale has been authorized	82006
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	82007
Revised Code.	82008

(D) The holder of a D-6 permit that is issued to a sports	82009
facility may make sales under the permit between the hours of	82010
eleven a.m. and midnight on any Sunday on which a professional	82011
baseball, basketball, football, hockey, or soccer game is being	82012
played at the sports facility. As used in this division, "sports	82013
facility" means a stadium or arena that has a seating capacity of	82014
at least four thousand and that is owned or leased by a	82015
professional baseball, basketball, football, hockey, or soccer	82016
franchise or any combination of those franchises.	82017

(E) Permit D-6 shall be issued to the holder of any permit	82018
that authorizes the sale of beer or intoxicating liquor and that	82019
is issued to a premises located in or at the Ohio historical	82020
society area or the state fairgrounds, as defined in division (B)	82021
of section 4301.40 of the Revised Code, to allow sale under that	82022
permit between the hours of ten a.m. and midnight on Sunday,	82023
whether or not that sale has been authorized under section	82024
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	82025

(F) Permit D-6 shall be issued to the holder of any permit	82026
that authorizes the sale of intoxicating liquor and that is issued	82027
to an outdoor performing arts center to allow sale under that	82028
permit between the hours of one p.m. and midnight on Sunday,	82029
whether or not that sale has been authorized under section	82030
4301.361 of the Revised Code. A D-6 permit issued under this	82031
division is subject to the results of an election, held after the	82032
D-6 permit is issued, on question (B)(4) as set forth in section	82033
4301.351 of the Revised Code. Following the end of the period	82034
during which an election may be held on question (B)(4) as set	82035
forth in that section, sales of intoxicating liquor may continue	82036
at an outdoor performing arts center under a D-6 permit issued	82037
under this division, unless an election on that question is held	82038
during the permitted period and a majority of the voters voting in	82039
the precinct on that question vote "no."	82040

As used in this division, "outdoor performing arts center"	82041
means an outdoor performing arts center that is located on not	82042
less than eight hundred acres of land and that is open for	82043
performances from the first day of April to the last day of	82044
October of each year.	82045

(G) Permit D-6 shall be issued to the holder of any permit	82046
that authorizes the sale of beer or intoxicating liquor and that	82047
is issued to a golf course owned by the state, a conservancy	82048
district, a park district created under Chapter 1545. of the	82049
Revised Code, or another political subdivision to allow sale under	82050
that permit between the hours of ten a.m. and midnight on Sunday,	82051
whether or not that sale has been authorized under section	82052
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	82053

(H) Permit D-6 shall be issued to the holder of a D-5g permit	82054
to allow sale under that permit between the hours of ten a.m. and	82055
midnight on Sunday, whether or not that sale has been authorized	82056
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	82057
Revised Code.	82058

(I) Permit D-6 shall be issued to the holder of any D permit	82059
for a premises that is licensed under Chapter 3717. of the Revised	82060
Code and that is located at a ski area to allow sale under the D-6	82061
permit between the hours of ten a.m. and midnight on Sunday,	82062
whether or not that sale has been authorized under section	82063
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	82064

As used in this division, "ski area" means a ski area as	82065
defined in section 4169.01 of the Revised Code, provided that the	82066
passenger tramway operator at that area is registered under	82067
section 4169.03 of the Revised Code.	82068

(J) Permit D-6 shall be issued to the holder of a D-5j permit	82069
for a permit premises that is located in a community entertainment	82070
district, as defined in section 4301.80 of the Revised Code, that	82071
was approved by the legislative authority of a municipal	82072
corporation under that section between October 1 and October 15,	82073
2005, to allow sale under the permit between the hours of ten a.m.	82074
and midnight on Sunday, whether or not that sale has been	82075
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	82076
of the Revised Code.	82077

(K) If the restriction to licensed premises where the sale of	82078
food and other goods and services exceeds fifty per cent of the	82079
total gross receipts of the permit holder at the premises is	82080
applicable, the division of liquor control may accept an affidavit	82081
from the permit holder to show the proportion of the permit	82082
holder's gross receipts derived from the sale of food and other	82083
goods and services. If the liquor control commission determines	82084
that affidavit to have been false, it shall revoke the permits of	82085
the permit holder at the premises concerned.	82086

(L) The fee for the D-6 permit is five hundred dollars when	82087
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,	82088
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	82089
D-5i, D-5j, D-5k, D-5l, D-5m, or D-7 permit. The fee for the D-6	82090
permit is four hundred dollars when it is issued to the holder	82091
of a C-2 permit.	82092

Sec. 4303.331. No permit holder shall purchase and import	82093
into this state any beer from any manufacturer, bottler, importer,	82094
wholesale dealer, or broker outside this state and within the	82095
United States unless and until such manufacturer, bottler,	82096
importer, wholesale dealer, or broker registers with the tax	82097
commissioner and supplies such information as the commissioner may	82098
require.	82099

The commissioner may, by rule, require any registrant to file	82100
with the commissioner a bond payable to the state in such form and	82101
amount as the commissioner prescribes with surety to the	82102
satisfaction of the tax commissioner conditioned upon the making	82103
of the report to be made to the tax commissioner and the payment	82104
to the tax commissioner of taxes levied by sections 4301.42 and	82105
4305.01 of the Revised Code, all as provided in section 4303.33 of	82106
the Revised Code.	82107

Any such manufacturer, bottler, importer, wholesale dealer,	82108
or broker shall, as a part of such registration, make the	82109
secretary of state its agent for the service of process or notice	82110
of any assessment, action, or proceedings instituted in the state	82111
against such person under sections 4303.33, 4301.42, and 4305.01	82112
of the Revised Code.	82113

Such process or notice shall be served~~, by the officer to~~	82114
~~whom it is directed or by the tax commissioner, or by the sheriff~~	82115
~~of Franklin county, who may be deputized for such purpose by the~~	82116
~~officer to whom the service is directed, upon the secretary of~~	82117
~~state by leaving at the office of the secretary of state, at least~~	82118
~~fifteen days before the return day of such process or notice, a~~	82119
~~true and attested copy thereof, and by sending to the defendant by~~	82120
~~certified mail, postage prepaid, a like and true attested copy,~~	82121
~~with an endorsement thereon of the service upon the secretary of~~	82122
~~state, addressed to such defendant at the address listed in the~~	82123
~~registration or at the defendant's last known address~~in	82124
accordance with section 5703.37 of the Revised Code.	82125

Any B-1 permit holder who purchases beer from any	82126
manufacturer, bottler, importer, wholesale dealer, or broker	82127
outside this state and within the United States who has not	82128
registered with the tax commissioner and filed a bond as provided	82129
in this section shall be liable for any tax due on any beer	82130
purchased from such unregistered manufacturer, bottler, importer,	82131
wholesale dealer, or broker and shall be subject to any penalties	82132
provided in Chapters 4301., 4303., 4305., and 4307. of the Revised	82133
Code.	82134

Any B-1 permit holder who purchases beer from any	82135
manufacturer, bottler, importer, wholesale dealer, or broker	82136
outside this state and within the United States who has complied	82137
with this section shall not be liable for any tax due to the state	82138
on any beer purchased from any such manufacturer, bottler,	82139
importer, wholesale dealer, or broker.	82140

All money collected by the tax commissioner under this	82141
section shall be paid to the treasurer of state as revenue arising	82142
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	82143
4305.01 of the Revised Code.	82144

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	82145
referred to in division (O) of section 4503.04, division (E) of	82146
section 4503.042, division (B) of section 4503.07, division	82147
(C)(1) of section 4503.10, division (D) of section 4503.182,	82148
division (A) of section 4503.19, division (D)(2) of section	82149
4507.24, division (A) of section 4508.06, and sections 4503.40,	82150
4503.42, 4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05,	82151
4923.12, and 5502.12 of the Revised Code, and the taxes charged	82152
in section 4503.65 that are distributed in accordance with	82153
division (A)(2) of section 4501.044 of the Revised Code unless	82154
otherwise designated by law, shall be deposited in the state	82155
treasury to the credit of the state highway safety fund, which	82156
is hereby created, and shall, after receipt of certifications	82157
from the commissioners of the sinking fund certifying, as	82158
required by sections 5528.15 and 5528.35 of the Revised Code,	82159
that there are sufficient moneys to the credit of the highway	82160
improvement bond retirement fund created by section 5528.12 of	82161
the Revised Code to meet in full all payments of interest,	82162
principal, and charges for the retirement of bonds and other	82163
obligations issued pursuant to Section 2g of Article VIII, Ohio	82164
Constitution, and sections 5528.10 and 5528.11 of the Revised	82165
Code due and payable during the current calendar year, and that	82166
there are sufficient moneys to the credit of the highway	82167
obligations bond retirement fund created by section 5528.32 of	82168
the Revised Code to meet in full all payments of interest,	82169
principal, and charges for the retirement of highway obligations	82170
issued pursuant to Section 2i of Article VIII, Ohio	82171
Constitution, and sections 5528.30 and 5528.31 of the Revised	82172
Code due and payable during the current calendar year, be used	82173
for the purpose of enforcing and paying the expenses of	82174
administering the law relative to the registration and operation	82175
of motor vehicles on the public roads or highways. Amounts	82176
credited to the fund may also be used to pay the expenses of	82177
administering and enforcing the laws under which such fees were	82178
collected. All investment earnings of the state highway safety	82179
fund shall be credited to the fund.	82180

Sec. 4501.24. There is hereby created in the state treasury	82181
the scenic rivers protection fund. The fund shall consist of the	82182
contributions not to exceed forty dollars that are paid to the	82183
registrar of motor vehicles by applicants who voluntarily choose	82184
to obtain scenic rivers license plates pursuant to section 4503.56	82185
of the Revised Code.	82186

The contributions deposited in the fund shall be used by the	82187
department of natural resources to help finance wild, scenic, and	82188
recreational river areas conservation, education, ~~scenic river~~	82189
corridor protection ~~and~~, restoration, ~~scenic river~~and habitat	82190
enhancement, and clean-up projects along ~~scenic~~ rivers in those	82191
areas. The chief of the division of watercraft in the department	82192
may expend money in the fund for the acquisition of wild, scenic,	82193
and recreational river areas, for the maintenance, protection, and	82194
administration of such areas, and for construction of facilities	82195
within those areas. All investment earnings of the fund shall be	82196
credited to the fund.	82197

As used in this section, "wild river areas," "scenic river	82198
areas," and "recreational river areas" have the same meanings as	82199
in section 1547.01 of the Revised Code.	82200

Sec. 4501.243. There is hereby created in the state	82201
treasury the Ohio nature preserves fund. The fund shall consist	82202
of the contributions that are paid to the registrar of motor	82203
vehicles by applicants who obtain Ohio nature preserves license	82204
plates pursuant to section 4503.563 of the Revised Code. All	82205
investment earnings of the fund shall be credited to the fund.	82206

The department of natural resources shall use the money in	82207
the fund to help finance nature preserve education, nature	82208
preserve clean-up projects, and nature preserve maintenance,	82209
protection, and restoration.	82210

Sec. 4501.29. The department of administrative services shall	82211
collect user fees from participants in the multi-agency radio	82212
communications system (MARCS). The director of administrative	82213
services, with the advice of the MARCS steering committee and the	82214
consent of the director of budget and management, shall determine	82215
the amount of the user fees and the manner by which the fees shall	82216
be collected. All moneys from user fees shall be deposited in the	82217
MARCS administration fund, which is hereby created in the state	82218
treasury. All investment earnings on moneys in the fund shall be	82219
credited to the fund.	82220

Sec. 4503.068. On or before the second Monday in September	82221
of each year, the county treasurer shall total the amount by which	82222
the manufactured home taxes levied in that year were reduced	82223
pursuant to section 4503.065 of the Revised Code, and certify	82224
that amount to the tax commissioner. Within ninety days of the	82225
receipt of the certification, the commissioner shall ~~certify that~~	82226
~~amount to the director of budget and management and the director~~	82227
~~shall make two payments from the general revenue fund in favor of~~	82228
~~the county treasurer. One shall be in the full amount by which~~	82229
~~taxes were reduced. The other shall be in an amount equal to two~~	82230
~~per cent of such amount and shall be a payment~~provide for	82231
payment to the county treasurer, from the general revenue fund,	82232
of the amount certified, which shall be credited upon receipt to	82233
the county's undivided income tax fund, and an amount equal to	82234
two per cent of the amount by which taxes were reduced, which	82235
shall be credited upon receipt to the county general fund as a	82236
payment, in addition to the fees and charges authorized by	82237
sections 319.54 and 321.26 of the Revised Code, to the county	82238
auditor and county treasurer for the costs of administering	82239
sections 4503.064 to 4503.069 of the Revised Code.	82240

Immediately upon receipt of ~~the payment in the full amount by~~	82241
~~which taxes were reduced, the full amount of the payment shall be~~	82242
~~distributed~~funds into the county undivided income tax fund under	82243
this section, the county auditor shall distribute the full amount	82244
thereof among the taxing districts in the county as though it had	82245
been received as taxes under section 4503.06 of the Revised Code	82246
from each person for whom taxes were reduced under section	82247
4503.065 of the Revised Code.	82248

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	82249
motorcycle, and all-purpose vehicle required to be registered	82250
under section 4519.02 of the Revised Code shall file an	82251
application for registration under section 4519.03 of the Revised	82252
Code. The owner of a motor vehicle, other than a snowmobile,	82253
off-highway motorcycle, or all-purpose vehicle, that is not	82254
designed and constructed by the manufacturer for operation on a	82255
street or highway may not register it under this chapter except	82256
upon certification of inspection pursuant to section 4513.02 of	82257
the Revised Code by the sheriff, or the chief of police of the	82258
municipal corporation or township, with jurisdiction over the	82259
political subdivision in which the owner of the motor vehicle	82260
resides. Except as provided in section 4503.103 of the Revised	82261
Code, every owner of every other motor vehicle not previously	82262
described in this section and every person mentioned as owner in	82263
the last certificate of title of a motor vehicle that is operated	82264
or driven upon the public roads or highways shall cause to be	82265
filed each year, by mail or otherwise, in the office of the	82266
registrar of motor vehicles or a deputy registrar, a written or	82267
electronic application or a preprinted registration renewal notice	82268
issued under section 4503.102 of the Revised Code, the form of	82269
which shall be prescribed by the registrar, for registration for	82270
the following registration year, which shall begin on the first	82271
day of January of every calendar year and end on the thirty-first	82272
day of December in the same year. Applications for registration	82273
and registration renewal notices shall be filed at the times	82274
established by the registrar pursuant to section 4503.101 of the	82275
Revised Code. A motor vehicle owner also may elect to apply for or	82276
renew a motor vehicle registration by electronic means using	82277
electronic signature in accordance with rules adopted by the	82278
registrar. Except as provided in division (J) of this section,	82279
applications for registration shall be made on blanks furnished by	82280
the registrar for that purpose, containing the following	82281
information:	82282

(1) A brief description of the motor vehicle to be	82283
registered, including the year, make, model, and vehicle	82284
identification number, and, in the case of commercial cars, the	82285
gross weight of the vehicle fully equipped computed in the manner	82286
prescribed in section 4503.08 of the Revised Code;	82287

(2) The name and residence address of the owner, and the	82288
township and municipal corporation in which the owner resides;	82289

(3) The district of registration, which shall be determined	82290
as follows:	82291

(a) In case the motor vehicle to be registered is used for	82292
hire or principally in connection with any established business or	82293
branch business, conducted at a particular place, the district of	82294
registration is the municipal corporation in which that place is	82295
located or, if not located in any municipal corporation, the	82296
county and township in which that place is located.	82297

(b) In case the vehicle is not so used, the district of	82298
registration is the municipal corporation or county in which the	82299
owner resides at the time of making the application.	82300

(4) Whether the motor vehicle is a new or used motor vehicle;

82301

(5) The date of purchase of the motor vehicle;

82302

(6) Whether the fees required to be paid for the registration	82303
or transfer of the motor vehicle, during the preceding	82304
registration year and during the preceding period of the current	82305
registration year, have been paid. Each application for	82306
registration shall be signed by the owner, either manually or by	82307
electronic signature, or pursuant to obtaining a limited power of	82308
attorney authorized by the registrar for registration, or other	82309
document authorizing such signature. If the owner elects to apply	82310
for or renew the motor vehicle registration with the registrar by	82311
electronic means, the owner's manual signature is not required.	82312

(7) The owner's social security number, driver's license	82313
number, or state identification number, or, where a motor vehicle	82314
to be registered is used for hire or principally in connection	82315
with any established business, the owner's federal taxpayer	82316
identification number. The bureau of motor vehicles shall retain	82317
in its records all social security numbers provided under this	82318
section, but the bureau shall not place social security numbers on	82319
motor vehicle certificates of registration.	82320

(B) Except as otherwise provided in this division, each time	82321
an applicant first registers a motor vehicle in the applicant's	82322
name, the applicant shall present for inspection a physical	82323
certificate of title or memorandum certificate showing title to	82324
the motor vehicle to be registered in the name of the applicant if	82325
a physical certificate of title or memorandum certificate has	82326
been issued by a clerk of a court of common pleas. If, under	82327
sections 4505.021, 4505.06, and 4505.08 of the Revised Code, a	82328
clerk instead has issued an electronic certificate of title for	82329
the applicant's motor vehicle, that certificate may be presented	82330
for inspection at the time of first registration in a manner	82331
prescribed by rules adopted by the registrar. An applicant is not	82332
required to present a certificate of title to an electronic motor	82333
vehicle dealer acting as a limited authority deputy registrar in	82334
accordance with rules adopted by the registrar. When a motor	82335
vehicle inspection and maintenance program is in effect under	82336
section 3704.14 of the Revised Code and rules adopted under it,	82337
each application for registration for a vehicle required to be	82338
inspected under that section and those rules shall be accompanied	82339
by an inspection certificate for the motor vehicle issued in	82340
accordance with that section. The application shall be refused if	82341
any of the following applies:	82342

(1) The application is not in proper form.

82343

(2) The application is prohibited from being accepted by	82344
division (D) of section 2935.27, division (A) of section 2937.221,	82345
division (A) of section 4503.13, division (B) of section 4510.22,	82346
or division (B)(1) of section 4521.10 of the Revised Code.	82347

(3) A certificate of title or memorandum certificate of title	82348
is required but does not accompany the application or, in the case	82349
of an electronic certificate of title, is required but is not	82350
presented in a manner prescribed by the registrar's rules.	82351

(4) All registration and transfer fees for the motor vehicle,	82352
for the preceding year or the preceding period of the current	82353
registration year, have not been paid.	82354

(5) The owner or lessee does not have an inspection	82355
certificate for the motor vehicle as provided in section 3704.14	82356
of the Revised Code, and rules adopted under it, if that section	82357
is applicable.	82358

This section does not require the payment of license or	82359
registration taxes on a motor vehicle for any preceding year, or	82360
for any preceding period of a year, if the motor vehicle was not	82361
taxable for that preceding year or period under sections 4503.02,	82362
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	82363
Revised Code. When a certificate of registration is issued upon	82364
the first registration of a motor vehicle by or on behalf of the	82365
owner, the official issuing the certificate shall indicate the	82366
issuance with a stamp on the certificate of title or memorandum	82367
certificate or, in the case of an electronic certificate of title,	82368
an electronic stamp or other notation as specified in rules	82369
adopted by the registrar, and with a stamp on the inspection	82370
certificate for the motor vehicle, if any. The official also shall	82371
indicate, by a stamp or by other means the registrar prescribes,	82372
on the registration certificate issued upon the first registration	82373
of a motor vehicle by or on behalf of the owner the odometer	82374
reading of the motor vehicle as shown in the odometer statement	82375
included in or attached to the certificate of title. Upon each	82376
subsequent registration of the motor vehicle by or on behalf of	82377
the same owner, the official also shall so indicate the odometer	82378
reading of the motor vehicle as shown on the immediately preceding	82379
certificate of registration.	82380

The registrar shall include in the permanent registration	82381
record of any vehicle required to be inspected under section	82382
3704.14 of the Revised Code the inspection certificate number from	82383
the inspection certificate that is presented at the time of	82384
registration of the vehicle as required under this division.	82385

(C)(1) Except as otherwise provided in division (C)(1) of	82386
this section, for each registration renewal with an expiration	82387
date on or after October 1, 2003, and for each initial	82388
application for registration received on and after that date,	82389
the registrar and each deputy registrar shall collect an	82390
additional fee of eleven dollars for each application for	82391
registration and registration renewal received. For vehicles	82392
specified in divisions (A)(1) to (21) of section 4503.042 of the	82393
Revised Code, commencing with each registration renewal with an	82394
expiration date on or after October 1, 2009, and for each	82395
initial application received on or after that date, the registrar	82396
and deputy registrar shall collect an additional fee of thirty	82397
dollars for each application for registration and registration	82398
renewal received. The additional fee is for the purpose of	82399
defraying the department of public safety's costs associated with	82400
the administration and enforcement of the motor vehicle and	82401
traffic laws of Ohio. Each deputy registrar shall transmit the	82402
fees collected under division (C)(1) of this section in the time	82403
and manner provided in this section. The registrar shall deposit	82404
all moneys received under division (C)(1) of this section into	82405
the state highway safety fund established in section 4501.06 of	82406
the Revised Code.	82407

(2) In addition, a charge of twenty-five cents shall be made	82408
for each reflectorized safety license plate issued, and a single	82409
charge of twenty-five cents shall be made for each county	82410
identification sticker or each set of county identification	82411
stickers issued, as the case may be, to cover the cost of	82412
producing the license plates and stickers, including material,	82413
manufacturing, and administrative costs. Those fees shall be in	82414
addition to the license tax. If the total cost of producing the	82415
plates is less than twenty-five cents per plate, or if the total	82416
cost of producing the stickers is less than twenty-five cents per	82417
sticker or per set issued, any excess moneys accruing from the	82418
fees shall be distributed in the same manner as provided by	82419
section 4501.04 of the Revised Code for the distribution of	82420
license tax moneys. If the total cost of producing the plates	82421
exceeds twenty-five cents per plate, or if the total cost of	82422
producing the stickers exceeds twenty-five cents per sticker or	82423
per set issued, the difference shall be paid from the license tax	82424
moneys collected pursuant to section 4503.02 of the Revised Code.	82425

(D) Each deputy registrar shall be allowed a fee of three	82426
dollars and fifty cents for each application for registration and	82427
registration renewal notice the deputy registrar receives, which	82428
shall be for the purpose of compensating the deputy registrar for	82429
the deputy registrar's services, and such office and rental	82430
expenses, as may be necessary for the proper discharge of the	82431
deputy registrar's duties in the receiving of applications and	82432
renewal notices and the issuing of registrations.	82433

(E) Upon the certification of the registrar, the county	82434
sheriff or local police officials shall recover license plates	82435
erroneously or fraudulently issued.	82436

(F) Each deputy registrar, upon receipt of any application	82437
for registration or registration renewal notice, together with the	82438
license fee and any local motor vehicle license tax levied	82439
pursuant to Chapter 4504. of the Revised Code, shall transmit that	82440
fee and tax, if any, in the manner provided in this section,	82441
together with the original and duplicate copy of the application,	82442
to the registrar. The registrar, subject to the approval of the	82443
director of public safety, may deposit the funds collected by	82444
those deputies in a local bank or depository to the credit of the	82445
"state of Ohio, bureau of motor vehicles." Where a local bank or	82446
depository has been designated by the registrar, each deputy	82447
registrar shall deposit all moneys collected by the deputy	82448
registrar into that bank or depository not more than one business	82449
day after their collection and shall make reports to the	82450
registrar of the amounts so deposited, together with any other	82451
information, some of which may be prescribed by the treasurer of	82452
state, as the registrar may require and as prescribed by the	82453
registrar by rule. The registrar, within three days after receipt	82454
of notification of the deposit of funds by a deputy registrar in a	82455
local bank or depository, shall draw on that account in favor of	82456
the treasurer of state. The registrar, subject to the approval of	82457
the director and the treasurer of state, may make reasonable rules	82458
necessary for the prompt transmittal of fees and for safeguarding	82459
the interests of the state and of counties, townships, municipal	82460
corporations, and transportation improvement districts levying	82461
local motor vehicle license taxes. The registrar may pay service	82462
charges usually collected by banks and depositories for such	82463
service. If deputy registrars are located in communities where	82464
banking facilities are not available, they shall transmit the fees	82465
forthwith, by money order or otherwise, as the registrar, by rule	82466
approved by the director and the treasurer of state, may	82467
prescribe. The registrar may pay the usual and customary fees for	82468
such service.	82469

(G) This section does not prevent any person from making an	82470
application for a motor vehicle license directly to the registrar	82471
by mail, by electronic means, or in person at any of the	82472
registrar's offices, upon payment of a service fee of three	82473
dollars and fifty cents for each application.	82474

(H) No person shall make a false statement as to the district	82475
of registration in an application required by division (A) of this	82476
section. Violation of this division is falsification under section	82477
2921.13 of the Revised Code and punishable as specified in that	82478
section.	82479

(I)(1) Where applicable, the requirements of division (B) of	82480
this section relating to the presentation of an inspection	82481
certificate issued under section 3704.14 of the Revised Code and	82482
rules adopted under it for a motor vehicle, the refusal of a	82483
license for failure to present an inspection certificate, and the	82484
stamping of the inspection certificate by the official issuing the	82485
certificate of registration apply to the registration of and	82486
issuance of license plates for a motor vehicle under sections	82487
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	82488
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	82489
4503.47, and 4503.51 of the Revised Code.	82490

(2)(a) The registrar shall adopt rules ensuring that each	82491
owner registering a motor vehicle in a county where a motor	82492
vehicle inspection and maintenance program is in effect under	82493
section 3704.14 of the Revised Code and rules adopted under it	82494
receives information about the requirements established in that	82495
section and those rules and about the need in those counties to	82496
present an inspection certificate with an application for	82497
registration or preregistration.	82498

(b) Upon request, the registrar shall provide the director of	82499
environmental protection, or any person that has been awarded a	82500
contract under ~~division (D) of~~ section 3704.14 of the Revised	82501
Code, an on-line computer data link to registration information	82502
for all passenger cars, noncommercial motor vehicles, and	82503
commercial cars that are subject to that section. The registrar	82504
also shall provide to the director of environmental protection a	82505
magnetic data tape containing registration information regarding	82506
passenger cars, noncommercial motor vehicles, and commercial cars	82507
for which a multi-year registration is in effect under section	82508
4503.103 of the Revised Code or rules adopted under it, including,	82509
without limitation, the date of issuance of the multi-year	82510
registration, the registration deadline established under rules	82511
adopted under section 4503.101 of the Revised Code that was	82512
applicable in the year in which the multi-year registration was	82513
issued, and the registration deadline for renewal of the	82514
multi-year registration.	82515

(J) ~~Application~~Subject to division (K) of this section,	82516
application for registration under the international registration	82517
plan, as set forth in sections 4503.60 to 4503.66 of the Revised	82518
Code, shall be made to the registrar on forms furnished by the	82519
registrar. In accordance with international registration plan	82520
guidelines and pursuant to rules adopted by the registrar, the	82521
forms shall include the following:	82522

(1) A uniform mileage schedule;

82523

(2) The gross vehicle weight of the vehicle or combined gross	82524
vehicle weight of the combination vehicle as declared by the	82525
registrant;	82526

(3) Any other information the registrar requires by rule.

82527

(K) The registrar shall determine the feasibility of	82528
implementing an electronic commercial fleet licensing and	82529
management program that will enable the owners of commercial	82530
tractors, commercial trailers, and commercial semitrailers to	82531
conduct electronic transactions by July 1, 2010, or sooner. If	82532
the registrar determines that implementing such a program is	82533
feasible, the registrar shall adopt new rules under this division	82534
or amend existing rules adopted under this division as necessary	82535
in order to respond to advances in technology.	82536

If international registration plan guidelines and provisions	82537
allow member jurisdictions to permit applications for	82538
registrations under the international registration plan to be made	82539
via the internet, the rules the registrar adopts under this	82540
division shall permit such action.	82541

Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles	82542
may adopt rules to permit any person or lessee, other than a	82543
person receiving an apportioned license plate under the	82544
international registration plan, who owns or leases one or more	82545
motor vehicles to file a written application for registration for	82546
no more than five succeeding registration years. The rules adopted	82547
by the registrar may designate the classes of motor vehicles that	82548
are eligible for such registration. At the time of application,	82549
all annual taxes and fees shall be paid for each year for which	82550
the person is registering.	82551

(ii) Not later than October 1, 2009, the registrar shall	82552
adopt rules to permit any person or lessee who owns or leases ~~two~~	82553
~~or more trailers~~a trailer or ~~semitrailers~~semitrailer that ~~are~~is	82554
subject to the tax rates prescribed in section 4503.042 of the	82555
Revised Code for such trailers or semitrailers to file a written	82556
application for registration for not more than five succeeding	82557
registration years. At the time of application, all annual taxes	82558
and fees shall be paid for each year for which the person is	82559
registering. A person who registers a vehicle under division	82560
(A)(1)(a)(ii) of this section shall pay for each year of	82561
registration the additional fee established under division (C)(1)	82562
of section 4503.10 of the Revised Code. The person also shall pay	82563
for each year of registration the deputy registrar service fee	82564
specified in division (D) of section 4503.10 of the Revised Code	82565
or the bureau of motor vehicles service fee specified in division	82566
(G) of that section, as applicable.	82567

(b)(i) Except as provided in division (A)(1)(b)(ii) of this	82568
section, the registrar shall adopt rules to permit any person who	82569
owns a motor vehicle to file an application for registration for	82570
the next two succeeding registration years. At the time of	82571
application, the person shall pay the annual taxes and fees for	82572
each registration year, calculated in accordance with division (C)	82573
of section 4503.11 of the Revised Code. A person who is	82574
registering a vehicle under division (A)(1)(b) of this section	82575
shall pay for each year of registration the additional fee	82576
established under division (C)(1) of section 4503.10 of the	82577
Revised Code. The person shall also pay ~~one and one-half times~~for	82578
each year of registration the amount of the deputy registrar	82579
service fee specified in division (D) of section 4503.10 of the	82580
Revised Code or the bureau of motor vehicles service fee	82581
specified in division (G) of that section, as applicable.	82582

(ii) Division (A)(1)(b)(i) of this section does not apply to	82583
a person receiving an apportioned license plate under the	82584
international registration plan, or the owner of a commercial car	82585
used solely in intrastate commerce, or the owner of a bus as	82586
defined in section 4513.50 of the Revised Code.	82587

(2) No person applying for a multi-year registration under	82588
division (A)(1) of this section is entitled to a refund of any	82589
taxes or fees paid.	82590

(3) The registrar shall not issue to any applicant who has	82591
been issued a final, nonappealable order under division (B) of	82592
this section a multi-year registration or renewal thereof under	82593
this division or rules adopted under it for any motor vehicle that	82594
is required to be inspected under section 3704.14 of the Revised	82595
Code the district of registration of which, as determined under	82596
section 4503.10 of the Revised Code, is or is located in the	82597
county named in the order.	82598

(B) Upon receipt from the director of environmental	82599
protection of a notice issued under rules adopted under section	82600
3704.14 of the Revised Code indicating that an owner of a motor	82601
vehicle that is required to be inspected under that section who	82602
obtained a multi-year registration for the vehicle under division	82603
(A) of this section or rules adopted under that division has not	82604
obtained a required inspection certificate for the vehicle, the	82605
registrar in accordance with Chapter 119. of the Revised Code	82606
shall issue an order to the owner impounding the certificate of	82607
registration and identification license plates for the vehicle.	82608
The order also shall prohibit the owner from obtaining or renewing	82609
a multi-year registration for any vehicle that is required to be	82610
inspected under that section, the district of registration of	82611
which is or is located in the same county as the county named in	82612
the order during the number of years after expiration of the	82613
current multi-year registration that equals the number of years	82614
for which the current multi-year registration was issued.	82615

An order issued under this division shall require the owner	82616
to surrender to the registrar the certificate of registration and	82617
license plates for the vehicle named in the order within five days	82618
after its issuance. If the owner fails to do so within that time,	82619
the registrar shall certify that fact to the county sheriff or	82620
local police officials who shall recover the certificate of	82621
registration and license plates for the vehicle.	82622

(C) Upon the occurrence of either of the following	82623
circumstances, the registrar in accordance with Chapter 119. of	82624
the Revised Code shall issue to the owner a modified order	82625
rescinding the provisions of the order issued under division (B)	82626
of this section impounding the certificate of registration and	82627
license plates for the vehicle named in that original order:	82628

(1) Receipt from the director of environmental protection of	82629
a subsequent notice under rules adopted under section 3704.14 of	82630
the Revised Code that the owner has obtained the inspection	82631
certificate for the vehicle as required under those rules;	82632

(2) Presentation to the registrar by the owner of the	82633
required inspection certificate for the vehicle.	82634

(D) The owner of a motor vehicle for which the certificate of	82635
registration and license plates have been impounded pursuant to an	82636
order issued under division (B) of this section, upon issuance of	82637
a modified order under division (C) of this section, may apply to	82638
the registrar for their return. A fee of two dollars and fifty	82639
cents shall be charged for the return of the certificate of	82640
registration and license plates for each vehicle named in the	82641
application.	82642

Sec. 4503.19. (A) Upon the filing of an application for	82643
registration and the payment of the tax for registration, the	82644
registrar of motor vehicles or a deputy registrar shall determine	82645
whether the owner previously has been issued license plates for	82646
the motor vehicle described in the application. If no license	82647
plates previously have been issued to the owner for that motor	82648
vehicle, the registrar or deputy registrar shall assign to the	82649
motor vehicle a distinctive number and issue and deliver to the	82650
owner in the manner that the registrar may select a certificate of	82651
registration, in the form that the registrar shall prescribe, and,	82652
except as otherwise provided in this section, two license plates,	82653
duplicates of each other, and a validation sticker, or a	82654
validation sticker alone, to be attached to the number plates as	82655
provided in section 4503.191 of the Revised Code. The registrar or	82656
deputy registrar also shall charge the owner any fees required	82657
under division (C) of section 4503.10 of the Revised Code.	82658
Trailers, manufactured homes, mobile homes, semitrailers, the	82659
manufacturer thereof, the dealer, or in transit companies therein,	82660
shall be issued one license plate only and one validation sticker,	82661
or a validation sticker alone, and the license plate and	82662
validation sticker shall be displayed only on the rear of such	82663
vehicles. A commercial tractor that does not receive an	82664
apportioned license plate under the international registration	82665
plan shall be issued two license plates and one validation	82666
sticker, and the validation sticker shall be displayed on the	82667
front of the commercial tractor. An apportioned vehicle receiving	82668
an apportioned license plate under the international registration	82669
plan shall be issued one license plate only and one validation	82670
sticker, or a validation sticker alone; the license plate shall be	82671
displayed only on the front of a semitractor and on the rear of	82672
all other vehicles. School buses shall not be issued license	82673
plates but shall bear identifying numbers in the manner prescribed	82674
by section 4511.764 of the Revised Code. The certificate of	82675
registration and license plates and validation stickers, or	82676
validation stickers alone, shall be issued and delivered to the	82677
owner in person or by mail. Chauffeured limousines shall be issued	82678
license plates, a validation sticker, and a livery sticker as	82679
provided in section 4503.24 of the Revised Code. In the event of	82680
the loss, mutilation, or destruction of any certificate of	82681
registration, or of any license plates or validation stickers, or	82682
if the owner chooses to replace license plates previously issued	82683
for a motor vehicle, or if the registration certificate and	82684
license plates have been impounded as provided by division (B)(1)	82685
of section 4507.02 and section 4507.16 of the Revised Code, the	82686
owner of a motor vehicle, or manufacturer or dealer, may obtain	82687
from the registrar, or from a deputy registrar if authorized by	82688
the registrar, a duplicate thereof or new license plates bearing a	82689
different number, if the registrar considers it advisable, upon	82690
filing an application prescribed by the registrar, and upon paying	82691
a fee of one dollar for such certificate of registration, which	82692
one dollar fee shall be deposited into the state treasury to the	82693
credit of the state bureau of motor vehicles fund created in	82694
section 4501.25 of the Revised Code. Commencing with each request	82695
made on or after October 1, 2009, or in conjunction with	82696
replacement license plates issued for renewal registrations	82697
expiring on or after October 1, 2009, a fee of seven dollars and	82698
fifty cents for each set of two license plates, or six dollars	82699
and fifty cents for each single license plate or validation	82700
sticker shall be charged and collected, of which the registrar	82701
shall deposit five dollars and fifty cents of each seven dollar	82702
and fifty cent fee or each six dollar and fifty cent fee into the	82703
state treasury to the credit of the state highway safety fund	82704
created in section 4501.06 of the Revised Code and the remaining	82705
portion of each such fee into the state treasury to the credit of	82706
the state bureau of motor vehicles fund created in section 4501.25	82707
of the Revised Code. In addition, each applicant for a replacement	82708
certificate of registration, license plate, or validation sticker	82709
shall pay the fees provided in divisions (C) and (D) of section	82710
4503.10 of the Revised Code.	82711

~~The registrar shall pay five dollars and fifty cents of the~~	82712
~~fee collected for each license plate or set of license plates~~	82713
~~issued into the state highway safety fund created in section~~	82714
~~4501.06 of the Revised Code.~~	82715

Additionally, the registrar and each deputy registrar who	82716
either issues license plates and a validation sticker for use on	82717
any vehicle other than a commercial tractor, semitrailer, or	82718
apportioned vehicle, or who issues a validation sticker alone for	82719
use on such a vehicle and the owner has changed the owner's county	82720
of residence since the owner last was issued county identification	82721
stickers, also shall issue and deliver to the owner either one or	82722
two county identification stickers, as appropriate, which shall be	82723
attached to the license plates in a manner prescribed by the	82724
director of public safety. The county identification stickers	82725
shall identify prominently by name or number the county in which	82726
the owner of the vehicle resides at the time of registration.	82727

(B) Whoever violates this section is guilty of a minor	82728
misdemeanor.	82729

Sec. 4503.191. (A)(1) The identification license plate	82730
shall be issued for a multi-year period as determined by the	82731
director of public safety, and shall be accompanied by a	82732
validation sticker, to be attached to the license plate. Except	82733
as provided in division (A)(2) of this section, the validation	82734
sticker shall indicate the expiration of the registration period	82735
to which the motor vehicle for which the license plate is issued	82736
is assigned, in accordance with rules adopted by the registrar of	82737
motor vehicles. During each succeeding year of the multi-year	82738
period following the issuance of the plate and validation	82739
sticker, upon the filing of an application for registration and	82740
the payment of the tax therefor, a validation sticker alone shall	82741
be issued. The validation stickers required under this section	82742
shall be of different colors or shades each year, the new colors	82743
or shades to be selected by the director.	82744

(2)(a) Not later than October 1, 2009, the director shall	82745
develop a universal validation sticker that may be issued to any	82746
owner of two hundred fifty or more passenger vehicles, so that a	82747
sticker issued to the owner may be placed on any passenger	82748
vehicle in that owner's fleet. The director may establish and	82749
charge an additional fee of not more than one dollar per	82750
registration to compensate for necessary costs of the universal	82751
validation sticker program. The additional fee shall be credited	82752
to the state bureau of motor vehicles fund created in section	82753
4501.25 of the Revised Code.	82754

(b) A validation sticker issued for an all-purpose vehicle	82755
that is registered under Chapter 4519. of the Revised Code or for	82756
a trailer or semitrailer that is registered under division	82757
(A)(1)(a)(ii) of section 4503.103 of the Revised Code for a period	82758
of not more than five succeeding registration years may indicate	82759
the expiration of the registration period by any manner determined	82760
by the registrar by rule.	82761

(B) Identification license plates shall be produced by Ohio	82762
penal industries. Validation stickers and county identification	82763
stickers shall be produced by Ohio penal industries unless the	82764
registrar adopts rules that permit the registrar or deputy	82765
registrars to print or otherwise produce them in house.	82766

Sec. 4503.235. (A) If division (G) of section 4511.19 or	82767
division (B) of section 4511.193 of the Revised Code requires a	82768
court, as part of the sentence of an offender who is convicted of	82769
or pleads guilty to a violation of division (A) of section	82770
4511.19 of the Revised Code or as a sanction for an offender who	82771
is convicted of or pleaded guilty to a violation of a municipal	82772
OVI ordinance, to order the immobilization of a vehicle for a	82773
specified period of time, notwithstanding the requirement, the	82774
court in its discretion may determine not to order the	82775
immobilization of the vehicle if both of the following apply:	82776

(1) Prior to the issuance of the order of immobilization, a	82777
family or household member of the offender files a motion with	82778
the court identifying the vehicle and requesting that the	82779
immobilization order not be issued on the ground that the family	82780
or household member is completely dependent on the vehicle for	82781
the necessities of life and that the immobilization of the	82782
vehicle would be an undue hardship to the family or household	82783
member.	82784

(2) The court determines that the family or household member	82785
who files the motion is completely dependent on the vehicle for	82786
the necessities of life and that the immobilization of the	82787
vehicle would be an undue hardship to the family or household	82788
member.	82789

(B) If a court pursuant to division (A) of this section	82790
determines not to order the immobilization of a vehicle that	82791
otherwise would be required pursuant to division (G) of section	82792
4511.19 or division (B) of section 4511.193 of the Revised Code,	82793
the court shall issue an order that waives the immobilization that	82794
otherwise would be required pursuant to either of those divisions.	82795
The immobilization waiver order shall be in effect for the period	82796
of time for which the immobilization of the vehicle otherwise	82797
would have been required under division (G) of section 4511.19 or	82798
division (B) of section 4511.193 of the Revised Code if the	82799
immobilization waiver order had not been issued, subject to	82800
division (D) of this section. The immobilization waiver order	82801
shall specify the period of time for which it is in effect. The	82802
court shall provide a copy of an immobilization waiver order to	82803
the offender and to the family or household member of the	82804
offender who filed the motion requesting that the immobilization	82805
order not be issued and shall place a copy of the immobilization	82806
waiver order in the record in the case. The court shall impose an	82807
immobilization waiver fee in the amount of fifty dollars. The	82808
court shall determine whether the fee is to be paid by the	82809
offender or by the family or household member. The clerk of the	82810
court shall ~~transmit~~deposit all of the fees collected during a	82811
month on or before the twenty-third day of the following month	82812
tointo the ~~state treasury to be credited to the~~county or	82813
municipal indigent drivers alcohol treatment fund under the	82814
control of that court, as created by the county or municipal	82815
corporation under division (F) of section 4511.191 of the	82816
Revised Code.	82817

(C) If a court pursuant to division (B) of this section	82818
issues an immobilization waiver order, the order shall identify	82819
the family or household member who requested the order and the	82820
vehicle to which the order applies, shall identify the family or	82821
household members who are permitted to operate the vehicle, and	82822
shall identify the offender and specify that the offender is not	82823
permitted to operate the vehicle. The immobilization waiver order	82824
shall require that the family or household member display on the	82825
vehicle to which the order applies restricted license plates that	82826
are issued under section 4503.231 of the Revised Code for the	82827
entire period for which the immobilization of the vehicle	82828
otherwise would have been required under division (G) of section	82829
4511.19 or division (B) of section 4511.193 of the Revised Code	82830
if the immobilization waiver order had not been issued.	82831

(D) A family or household member who is permitted to operate	82832
a vehicle under an immobilization waiver order issued under this	82833
section shall not permit the offender to operate the vehicle. If	82834
a family or household member who is permitted to operate a	82835
vehicle under an immobilization waiver order issued under this	82836
section permits the offender to operate the vehicle, both of the	82837
following apply:	82838

(1) The court that issued the immobilization waiver order	82839
shall terminate that order and shall issue an immobilization order	82840
in accordance with section 4503.233 of the Revised Code that	82841
applies to the vehicle, and the immobilization order shall be in	82842
effect for the remaining period of time for which the	82843
immobilization of the vehicle otherwise would have been required	82844
under division (G) of section 4511.19 or division (B) of section	82845
4511.193 of the Revised Code if the immobilization waiver order	82846
had not been issued.	82847

(2) The conduct of the family or household member in	82848
permitting the offender to operate the vehicle is a violation of	82849
section 4511.203 of the Revised Code.	82850

(E) No offender shall operate a motor vehicle subject to an	82851
immobilization waiver order. Whoever violates this division is	82852
guilty of operating a motor vehicle in violation of an	82853
immobilization waiver, a misdemeanor of the first degree.	82854

(F) "Family or household member" has the same meaning as in	82855
section 2919.25 of the Revised Code, except that the person must	82856
be currently residing with the offender.	82857

Sec. 4503.40. ~~The~~For each registration renewal with an	82858
expiration date before October 1, 2009, and for each initial	82859
application for registration received before that date the	82860
registrar of motor vehicles shall be allowed a fee not to exceed	82861
ten dollars, and for each registration renewal with an expiration	82862
date on or after October 1, 2009, and for each initial application	82863
for registration received on or after that date the registrar of	82864
~~motor vehicles~~ shall be allowed a fee of twenty-five dollars, for	82865
each application received by the registrar for special state	82866
reserved license plate numbers and the issuing of such licenses,	82867
and validation stickers, in the several series as the registrar	82868
may designate. The fee shall be in addition to the license tax	82869
established by this chapter and, where applicable, Chapter 4504.	82870
of the Revised Code. Seven dollars and fifty cents of the fee	82871
shall be for the purpose of compensating the bureau of motor	82872
vehicles for additional services required in the issuing of such	82873
licenses, and the remaining ~~seventeen dollars and fifty cents~~	82874
portion of the fee shall be deposited by the registrar into the	82875
state treasury to the credit of the state highway safety fund	82876
created by section 4501.06 of the Revised Code. The types of	82877
motor vehicles for which special state reserved license plates	82878
may be issued in accordance with this section shall include at	82879
least motorcycles, buses, passenger cars, and noncommercial motor	82880
vehicles.	82881

Sec. 4503.42. ~~The~~For each registration renewal with an	82882
expiration date before October 1, 2009, and for each initial	82883
application for registration received before that date the	82884
registrar of motor vehicles shall be allowed a fee not to exceed	82885
thirty-five dollars, and for each registration renewal with an	82886
expiration date on or after October 1, 2009, and for each initial	82887
application for registration received on or after that date the	82888
registrar ~~of motor vehicles~~ shall be allowed a fee of fifty	82889
dollars, which shall be in addition to the regular license fee	82890
for tags as prescribed under section 4503.04 of the Revised Code	82891
and any tax levied under section 4504.02 or 4504.06 of the	82892
Revised Code, for each application received by the registrar for	82893
special reserved license plate numbers containing more than three	82894
letters or numerals, and the issuing of such licenses and	82895
validation stickers in the several series as the registrar may	82896
designate. Five dollars of the fee shall be for the purpose of	82897
compensating the bureau of motor vehicles for additional	82898
services required in the issuing of such licenses and validation	82899
stickers, and the remaining ~~forty-five dollars~~portion of the fee	82900
shall be deposited by the registrar into the state treasury to	82901
the credit of the state highway safety fund created by section	82902
4501.06 of the Revised Code.	82903

This section does not apply to the issuance of reserved	82904
license plates as authorized by sections 4503.14, 4503.15, and	82905
4503.40 of the Revised Code. The types of motor vehicles for which	82906
license plate numbers containing more than three letters or	82907
numerals may be issued in accordance with this section shall	82908
include at least buses, passenger cars, and noncommercial motor	82909
vehicles.	82910

Sec. 4503.44. (A) As used in this section and in section	82911
4511.69 of the Revised Code:	82912

(1) "Person with a disability that limits or impairs the	82913
ability to walk" means any person who, as determined by a health	82914
care provider, meets any of the following criteria:	82915

(a) Cannot walk two hundred feet without stopping to rest;

82916

(b) Cannot walk without the use of, or assistance from, a	82917
brace, cane, crutch, another person, prosthetic device,	82918
wheelchair, or other assistive device;	82919

(c) Is restricted by a lung disease to such an extent that	82920
the person's forced (respiratory) expiratory volume for one	82921
second, when measured by spirometry, is less than one liter, or	82922
the arterial oxygen tension is less than sixty millimeters of	82923
mercury on room air at rest;	82924

(d) Uses portable oxygen;

82925

(e) Has a cardiac condition to the extent that the person's	82926
functional limitations are classified in severity as class III or	82927
class IV according to standards set by the American heart	82928
association;	82929

(f) Is severely limited in the ability to walk due to an	82930
arthritic, neurological, or orthopedic condition;	82931

(g) Is blind.

82932

(2) "Organization" means any private organization or	82933
corporation, or any governmental board, agency, department,	82934
division, or office, that, as part of its business or program,	82935
transports persons with disabilities that limit or impair the	82936
ability to walk on a regular basis in a motor vehicle that has not	82937
been altered for the purpose of providing it with special	82938
equipment for use by handicapped persons. This definition does not	82939
apply to division (J) of this section.	82940

(3) "Health care provider" means a physician, physician	82941
assistant, advanced practice nurse, or chiropractor as defined in	82942
this section.	82943

(4) "Physician" means a person licensed to practice medicine	82944
or surgery or osteopathic medicine and surgery under Chapter 4731.	82945
of the Revised Code.	82946

(5) "Chiropractor" means a person licensed to practice	82947
chiropractic under Chapter 4734. of the Revised Code.	82948

(6) "Advanced practice nurse" means any certified nurse	82949
practitioner, clinical nurse specialist, certified registered	82950
nurse anesthetist, or certified nurse-midwife who holds a	82951
certificate of authority issued by the board of nursing under	82952
Chapter 4723. of the Revised Code.	82953

(7) "Physician assistant" means a person who holds a	82954
certificate to practice as a physician assistant issued under	82955
Chapter 4730. of the Revised Code.	82956

(B) Any organization or person with a disability that limits	82957
or impairs the ability to walk may apply to the registrar of motor	82958
vehicles for a removable windshield placard or, if the person owns	82959
or leases a motor vehicle, the person may apply for the	82960
registration of any motor vehicle the person owns or leases. In	82961
addition to one or more sets of license plates or one placard, a	82962
person with a disability that limits or impairs the ability to	82963
walk is entitled to one additional placard, but only if the person	82964
applies separately for the additional placard, states the reasons	82965
why the additional placard is needed, and the registrar, in the	82966
registrar's discretion, determines that good and justifiable cause	82967
exists to approve the request for the additional placard. When a	82968
motor vehicle has been altered for the purpose of providing it	82969
with special equipment for a person with a disability that limits	82970
or impairs the ability to walk, but is owned or leased by someone	82971
other than such a person, the owner or lessee may apply to the	82972
registrar or a deputy registrar for registration under this	82973
section. The application for registration of a motor vehicle owned	82974
or leased by a person with a disability that limits or impairs the	82975
ability to walk shall be accompanied by a signed statement from	82976
the applicant's health care provider certifying that the	82977
applicant meets at least one of the criteria contained in	82978
division (A)(1) of this section and that the disability is	82979
expected to continue for more than six consecutive months. The	82980
application for a removable windshield placard made by a person	82981
with a disability that limits or impairs the ability to walk	82982
shall be accompanied by a prescription from the applicant's	82983
health care provider prescribing such a placard for the	82984
applicant, provided that the applicant meets at least one of the	82985
criteria contained in division (A)(1) of this section. The	82986
health care provider shall state on the prescription the length	82987
of time the health care provider expects the applicant to have	82988
the disability that limits or impairs the applicant's ability to	82989
walk. The application for a removable windshield placard made by	82990
an organization shall be accompanied by such documentary evidence	82991
of regular transport of persons with disabilities that limit or	82992
impair the ability to walk by the organization as the registrar	82993
may require by rule and shall be completed in accordance with	82994
procedures that the registrar may require by rule. The application	82995
for registration of a motor vehicle that has been altered for the	82996
purpose of providing it with special equipment for a person with a	82997
disability that limits or impairs the ability to walk but is owned	82998
by someone other than such a person shall be accompanied by such	82999
documentary evidence of vehicle alterations as the registrar may	83000
require by rule.	83001

(C) When an organization, a person with a disability that	83002
limits or impairs the ability to walk, or a person who does not	83003
have a disability that limits or impairs the ability to walk but	83004
owns a motor vehicle that has been altered for the purpose of	83005
providing it with special equipment for a person with a disability	83006
that limits or impairs the ability to walk first submits an	83007
application for registration of a motor vehicle under this section	83008
and every fifth year thereafter, the organization or person shall	83009
submit a signed statement from the applicant's health care	83010
provider, a completed application, and any required documentary	83011
evidence of vehicle alterations as provided in division (B) of	83012
this section, and also a power of attorney from the owner of the	83013
motor vehicle if the applicant leases the vehicle. Upon	83014
submission of these items, the registrar or deputy registrar shall	83015
issue to the applicant appropriate vehicle registration and a set	83016
of license plates and validation stickers, or validation	83017
stickers alone when required by section 4503.191 of the Revised	83018
Code. In addition to the letters and numbers ordinarily	83019
inscribed thereon, the license plates shall be imprinted with	83020
the international symbol of access. The license plates and	83021
validation stickers shall be issued upon payment of the regular	83022
license fee as prescribed under section 4503.04 of the Revised	83023
Code and any motor vehicle tax levied under Chapter 4504. of the	83024
Revised Code, and the payment of a service fee equal to the	83025
amount specified in division (D) or (G) of section 4503.10 of	83026
the Revised Code.	83027

(D)(1) Upon receipt of a completed and signed application for	83028
a removable windshield placard, a prescription as described in	83029
division (B) of this section, documentary evidence of regular	83030
transport of persons with disabilities that limit or impair the	83031
ability to walk, if required, and payment of a service fee equal	83032
to the amount specified in division (D) or (G) of section 4503.10	83033
of the Revised Code, the registrar or deputy registrar shall issue	83034
to the applicant a removable windshield placard, which shall bear	83035
the date of expiration on both sides of the placard and shall be	83036
valid until expired, revoked, or surrendered. Every removable	83037
windshield placard expires as described in division (D)(2) of this	83038
section, but in no case shall a removable windshield placard be	83039
valid for a period of less than sixty days. Removable windshield	83040
placards shall be renewable upon application as provided in	83041
division (B) of this section, and a service fee equal to the	83042
amount specified in division (D) or (G) of section 4503.10 of the	83043
Revised Code shall be charged for the renewal of a removable	83044
windshield placard. The registrar shall provide the application	83045
form and shall determine the information to be included thereon.	83046
The registrar also shall determine the form and size of the	83047
removable windshield placard, the material of which it is to be	83048
made, and any other information to be included thereon, and shall	83049
adopt rules relating to the issuance, expiration, revocation,	83050
surrender, and proper display of such placards. Any placard	83051
issued after October 14, 1999, shall be manufactured in a manner	83052
that allows the expiration date of the placard to be indicated on	83053
it through the punching, drilling, boring, or creation by any	83054
other means of holes in the placard.	83055

(2) At the time a removable windshield placard is issued to a	83056
person with a disability that limits or impairs the ability to	83057
walk, the registrar or deputy registrar shall enter into the	83058
records of the bureau of motor vehicles the last date on which the	83059
person will have that disability, as indicated on the accompanying	83060
prescription. Not less than thirty days prior to that date and all	83061
removable windshield placard renewal dates, the bureau shall send	83062
a renewal notice to that person at the person's last known address	83063
as shown in the records of the bureau, informing the person that	83064
the person's removable windshield placard will expire on the	83065
indicated date not to exceed five years from the date of issuance,	83066
and that the person is required to renew the placard by submitting	83067
to the registrar or a deputy registrar another prescription, as	83068
described in division (B) of this section, and by complying with	83069
the renewal provisions prescribed in division (D)(1) of this	83070
section. If such a prescription is not received by the registrar	83071
or a deputy registrar by that date, the placard issued to that	83072
person expires and no longer is valid, and this fact shall be	83073
recorded in the records of the bureau.	83074

(3) At least once every year, on a date determined by the	83075
registrar, the bureau shall examine the records of the office of	83076
vital statistics, located within the department of health, that	83077
pertain to deceased persons, and also the bureau's records of all	83078
persons who have been issued removable windshield placards and	83079
temporary removable windshield placards. If the records of the	83080
office of vital statistics indicate that a person to whom a	83081
removable windshield placard or temporary removable windshield	83082
placard has been issued is deceased, the bureau shall cancel that	83083
placard, and note the cancellation in its records.	83084

The office of vital statistics shall make available to the	83085
bureau all information necessary to enable the bureau to comply	83086
with division (D)(3) of this section.	83087

(4) Nothing in this section shall be construed to require a	83088
person or organization to apply for a removable windshield placard	83089
or special license plates if the parking card or special license	83090
plates issued to the person or organization under prior law have	83091
not expired or been surrendered or revoked.	83092

(E)(1)(a) Any person with a disability that limits or impairs	83093
the ability to walk may apply to the registrar or a deputy	83094
registrar for a temporary removable windshield placard. The	83095
application for a temporary removable windshield placard shall be	83096
accompanied by a prescription from the applicant's health care	83097
provider prescribing such a placard for the applicant, provided	83098
that the applicant meets at least one of the criteria contained in	83099
division (A)(1) of this section and that the disability is	83100
expected to continue for six consecutive months or less. The	83101
health care provider shall state on the prescription the length	83102
of time the health care provider expects the applicant to have	83103
the disability that limits or impairs the applicant's ability to	83104
walk, which cannot exceed six months from the date of the	83105
prescription. Upon receipt of an application for a temporary	83106
removable windshield placard, presentation of the prescription	83107
from the applicant's health care provider, and payment of a	83108
service fee equal to the amount specified in division (D) or (G)	83109
of section 4503.10 of the Revised Code, the registrar or deputy	83110
registrar shall issue to the applicant a temporary removable	83111
windshield placard.	83112

(b) Any active-duty member of the armed forces of the United	83113
States, including the reserve components of the armed forces and	83114
the national guard, who has an illness or injury that limits or	83115
impairs the ability to walk may apply to the registrar or a deputy	83116
registrar for a temporary removable windshield placard. With the	83117
application, the person shall present evidence of the person's	83118
active-duty status and the illness or injury. Evidence of the	83119
illness or injury may include a current department of defense	83120
convalescent leave statement, any department of defense document	83121
indicating that the person currently has an ill or injured	83122
casualty status or has limited duties, or a prescription from any	83123
health care provider prescribing the placard for the applicant.	83124
Upon receipt of the application and the necessary evidence, the	83125
registrar or deputy registrar shall issue the applicant the	83126
temporary removable windshield placard without the payment of any	83127
service fee.	83128

(2) The temporary removable windshield placard shall be of	83129
the same size and form as the removable windshield placard, shall	83130
be printed in white on a red-colored background, and shall bear	83131
the word "temporary" in letters of such size as the registrar	83132
shall prescribe. A temporary removable windshield placard also	83133
shall bear the date of expiration on the front and back of the	83134
placard, and shall be valid until expired, surrendered, or	83135
revoked, but in no case shall such a placard be valid for a period	83136
of less than sixty days. The registrar shall provide the	83137
application form and shall determine the information to be	83138
included on it, provided that the registrar shall not require a	83139
health care provider's prescription or certification for a person	83140
applying under division (E)(1)(b) of this section. The registrar	83141
also shall determine the material of which the temporary	83142
removable windshield placard is to be made and any other	83143
information to be included on the placard and shall adopt rules	83144
relating to the issuance, expiration, surrender, revocation, and	83145
proper display of those placards. Any temporary removable	83146
windshield placard issued after October 14, 1999, shall be	83147
manufactured in a manner that allows for the expiration date of	83148
the placard to be indicated on it through the punching, drilling,	83149
boring, or creation by any other means of holes in the placard.	83150

(F) If an applicant for a removable windshield placard is a	83151
veteran of the armed forces of the United States whose disability,	83152
as defined in division (A)(1) of this section, is	83153
service-connected, the registrar or deputy registrar, upon receipt	83154
of the application, presentation of a signed statement from the	83155
applicant's health care provider certifying the applicant's	83156
disability, and presentation of such documentary evidence from the	83157
department of veterans affairs that the disability of the	83158
applicant meets at least one of the criteria identified in	83159
division (A)(1) of this section and is service-connected as the	83160
registrar may require by rule, but without the payment of any	83161
service fee, shall issue the applicant a removable windshield	83162
placard that is valid until expired, surrendered, or revoked.	83163

(G) Upon a conviction of a violation of division (I), (J), or	83164
(K) of this section, the court shall report the conviction, and	83165
send the placard or parking card, if available, to the registrar,	83166
who thereupon shall revoke the privilege of using the placard or	83167
parking card and send notice in writing to the placardholder or	83168
cardholder at that holder's last known address as shown in the	83169
records of the bureau, and the placardholder or cardholder shall	83170
return the placard or card if not previously surrendered to the	83171
court, to the registrar within ten days following mailing of the	83172
notice.	83173

Whenever a person to whom a removable windshield placard or	83174
parking card has been issued moves to another state, the person	83175
shall surrender the placard or card to the registrar; and whenever	83176
an organization to which a placard or card has been issued changes	83177
its place of operation to another state, the organization shall	83178
surrender the placard or card to the registrar.	83179

(H) Subject to division (F) of section 4511.69 of the Revised	83180
Code, the operator of a motor vehicle displaying a removable	83181
windshield placard, temporary removable windshield placard,	83182
parking card, or the special license plates authorized by this	83183
section is entitled to park the motor vehicle in any special	83184
parking location reserved for persons with disabilities that limit	83185
or impair the ability to walk, also known as handicapped parking	83186
spaces or disability parking spaces.	83187

(I) No person or organization that is not eligible under	83188
division (B) or (E) of this section shall willfully and falsely	83189
represent that the person or organization is so eligible.	83190

No person or organization shall display license plates issued	83191
under this section unless the license plates have been issued for	83192
the vehicle on which they are displayed and are valid.	83193

(J) No person or organization to which a removable windshield	83194
placard or temporary removable windshield placard is issued shall	83195
do either of the following:	83196

(1) Display or permit the display of the placard on any motor	83197
vehicle when having reasonable cause to believe the motor vehicle	83198
is being used in connection with an activity that does not include	83199
providing transportation for persons with disabilities that limit	83200
or impair the ability to walk;	83201

(2) Refuse to return or surrender the placard, when required.

83202

(K)(1) No person or organization to which a parking card is	83203
issued shall do either of the following:	83204

(a) Display or permit the display of the parking card on any	83205
motor vehicle when having reasonable cause to believe the motor	83206
vehicle is being used in connection with an activity that does not	83207
include providing transportation for a handicapped person;	83208

(b) Refuse to return or surrender the parking card, when	83209
required.	83210

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

83211

(a) "Handicapped person" means any person who has lost the	83212
use of one or both legs or one or both arms, who is blind, deaf,	83213
or so severely handicapped as to be unable to move about without	83214
the aid of crutches or a wheelchair, or whose mobility is	83215
restricted by a permanent cardiovascular, pulmonary, or other	83216
handicapping condition.	83217

(b) "Organization" means any private organization or	83218
corporation, or any governmental board, agency, department,	83219
division, or office, that, as part of its business or program,	83220
transports handicapped persons on a regular basis in a motor	83221
vehicle that has not been altered for the purposes of providing it	83222
with special equipment for use by handicapped persons.	83223

(L) If a removable windshield placard, temporary removable	83224
windshield placard, or parking card is lost, destroyed, or	83225
mutilated, the placardholder or cardholder may obtain a duplicate	83226
by doing both of the following:	83227

(1) Furnishing suitable proof of the loss, destruction, or	83228
mutilation to the registrar;	83229

(2) Paying a service fee equal to the amount specified in	83230
division (D) or (G) of section 4503.10 of the Revised Code.	83231

Any placardholder or cardholder who loses a placard or card	83232
and, after obtaining a duplicate, finds the original, immediately	83233
shall surrender the original placard or card to the registrar.	83234

(M) The registrar shall pay all fees received under this	83235
section for the issuance of removable windshield placards or	83236
temporary removable windshield placards or duplicate removable	83237
windshield placards or cards into the state treasury to the credit	83238
of the state bureau of motor vehicles fund created in section	83239
4501.25 of the Revised Code.	83240

(N) In addition to the fees collected under this section, the	83241
registrar or deputy registrar shall ask each person applying for a	83242
removable windshield placard or temporary removable windshield	83243
placard or duplicate removable windshield placard or license plate	83244
issued under this section, whether the person wishes to make a	83245
two-dollar voluntary contribution to support rehabilitation	83246
employment services. The registrar shall transmit the	83247
contributions received under this division to the treasurer of	83248
state for deposit into the rehabilitation employment fund, which	83249
is hereby created in the state treasury. A deputy registrar shall	83250
transmit the contributions received under this division to the	83251
registrar in the time and manner prescribed by the registrar. The	83252
contributions in the fund shall be used by the rehabilitation	83253
services commission to purchase services related to vocational	83254
evaluation, work adjustment, personal adjustment, job placement,	83255
job coaching, and community-based assessment from accredited	83256
community rehabilitation program facilities.	83257

(O) For purposes of enforcing this section, every peace	83258
officer is deemed to be an agent of the registrar. Any peace	83259
officer or any authorized employee of the bureau of motor vehicles	83260
who, in the performance of duties authorized by law, becomes aware	83261
of a person whose placard or parking card has been revoked	83262
pursuant to this section, may confiscate that placard or parking	83263
card and return it to the registrar. The registrar shall prescribe	83264
any forms used by law enforcement agencies in administering this	83265
section.	83266

No peace officer, law enforcement agency employing a peace	83267
officer, or political subdivision or governmental agency employing	83268
a peace officer, and no employee of the bureau is liable in a	83269
civil action for damages or loss to persons arising out of the	83270
performance of any duty required or authorized by this section. As	83271
used in this division, "peace officer" has the same meaning as in	83272
division (B) of section 2935.01 of the Revised Code.	83273

~~(O)~~(P) All applications for registration of motor vehicles,	83274
removable windshield placards, and temporary removable windshield	83275
placards issued under this section, all renewal notices for such	83276
items, and all other publications issued by the bureau that relate	83277
to this section shall set forth the criminal penalties that may be	83278
imposed upon a person who violates any provision relating to	83279
special license plates issued under this section, the parking of	83280
vehicles displaying such license plates, and the issuance,	83281
procurement, use, and display of removable windshield placards and	83282
temporary removable windshield placards issued under this section.	83283

~~(P)~~(Q) Whoever violates this section is guilty of a	83284
misdemeanor of the fourth degree.	83285

Sec. 4503.563. (A) The owner or lessee of any passenger	83286
car, noncommercial motor vehicle, recreational vehicle, or other	83287
vehicle of a class approved by the registrar of motor vehicles may	83288
apply to the registrar for the registration of the vehicle and	83289
issuance of Ohio nature preserves license plates. The application	83290
for Ohio nature preserves license plates may be combined with a	83291
request for a special reserved license plate under section 4503.40	83292
or 4503.42 of the Revised Code. Upon receipt of the completed	83293
application and compliance with division (B) of this section, the	83294
registrar shall issue to the applicant the appropriate vehicle	83295
registration and a set of Ohio nature preserves license plates	83296
with a validation sticker or a validation sticker alone when	83297
required by section 4503.191 of the Revised Code.	83298

In addition to the letters and numbers ordinarily inscribed	83299
thereon, Ohio nature preserves license plates shall be inscribed	83300
with identifying words or markings designed by the department of	83301
natural resources and approved by the registrar. Ohio nature	83302
preserves license plates shall bear county identification stickers	83303
that identify the county of registration by name or number.	83304

(B) The Ohio nature preserves license plates and validation	83305
sticker shall be issued upon receipt of a contribution as provided	83306
in division (C) of this section and upon payment of the regular	83307
license fees as prescribed under section 4503.04 of the Revised	83308
Code, a bureau of motor vehicles administrative fee of ten	83309
dollars, any applicable motor vehicle tax levied under Chapter	83310
4504. of the Revised Code, and compliance with all other	83311
applicable laws relating to the registration of motor vehicles. If	83312
the application for Ohio nature preserves license plates is	83313
combined with a request for a special reserved license plate under	83314
section 4503.40 or 4503.42 of the Revised Code, the license plates	83315
and validation sticker shall be issued upon payment of the	83316
contribution, fees, and taxes contained in this division and the	83317
additional fee prescribed under section 4503.40 or 4503.42 of the	83318
Revised Code.	83319

(C) For each application for registration and registration	83320
renewal submitted under this section, the registrar shall collect	83321
a contribution in an amount not to exceed forty dollars as	83322
determined by the department. The registrar shall transmit this	83323
contribution to the treasurer of state for deposit in the Ohio	83324
nature preserves fund created in section 4501.243 of the Revised	83325
Code.	83326

The registrar shall deposit the ten-dollar bureau	83327
administrative fee, the purpose of which is to compensate the	83328
bureau for additional services required in issuing Ohio nature	83329
preserves license plates, in the state bureau of motor vehicles	83330
fund created in section 4501.25 of the Revised Code.	83331

Sec. 4505.01. (A) As used in this chapter:

83332

(1) "Lien" includes, unless the context requires a different	83333
meaning, a security interest in a motor vehicle.	83334

(2) "Motor vehicle" includes manufactured homes, mobile	83335
homes, recreational vehicles, and trailers and semitrailers whose	83336
weight exceeds four thousand pounds.	83337

(3) "Manufactured home" has the same meaning as section	83338
3781.06 of the Revised Code.	83339

(4) "Mobile home" has the same meaning as in section 4501.01	83340
of the Revised Code.	83341

(5) "Manufactured housing dealer," "manufactured housing	83342
broker," and "manufactured housing salesperson" have the same	83343
meanings as in section 4781.01 of the Revised Code.	83344

(6) "Motor vehicle dealer" includes manufactured housing	83345
dealers.	83346

(7) "Motor vehicle salesperson" includes manufactured housing	83347
salespersons.	83348

(B) The various certificates, applications, and assignments	83349
necessary to provide certificates of title for manufactured homes,	83350
mobile homes, recreational vehicles, and trailers and semitrailers	83351
whose weight exceeds four thousand pounds, shall be made upon	83352
forms prescribed by the registrar of motor vehicles.	83353

Sec. 4505.06. (A)(1) Application for a certificate of title	83354
shall be made in a form prescribed by the registrar of motor	83355
vehicles and shall be sworn to before a notary public or other	83356
officer empowered to administer oaths. The application shall be	83357
filed with the clerk of any court of common pleas. An application	83358
for a certificate of title may be filed electronically by any	83359
electronic means approved by the registrar in any county with the	83360
clerk of the court of common pleas of that county. Any payments	83361
required by this chapter shall be considered as accompanying any	83362
electronically transmitted application when payment actually is	83363
received by the clerk. Payment of any fee or taxes may be made by	83364
electronic transfer of funds.	83365

(2) The application for a certificate of title shall be	83366
accompanied by the fee prescribed in section 4505.09 of the	83367
Revised Code. The fee shall be retained by the clerk who issues	83368
the certificate of title and shall be distributed in accordance	83369
with that section. If a clerk of a court of common pleas, other	83370
than the clerk of the court of common pleas of an applicant's	83371
county of residence, issues a certificate of title to the	83372
applicant, the clerk shall transmit data related to the	83373
transaction to the automated title processing system.	83374

(3) If a certificate of title previously has been issued for	83375
a motor vehicle in this state, the application for a certificate	83376
of title also shall be accompanied by that certificate of title	83377
duly assigned, unless otherwise provided in this chapter. If a	83378
certificate of title previously has not been issued for the motor	83379
vehicle in this state, the application, unless otherwise provided	83380
in this chapter, shall be accompanied by a manufacturer's or	83381
importer's certificate or by a certificate of title of another	83382
state from which the motor vehicle was brought into this state. If	83383
the application refers to a motor vehicle last previously	83384
registered in another state, the application also shall be	83385
accompanied by the physical inspection certificate required by	83386
section 4505.061 of the Revised Code. If the application is made	83387
by two persons regarding a motor vehicle in which they wish to	83388
establish joint ownership with right of survivorship, they may do	83389
so as provided in section 2131.12 of the Revised Code. If the	83390
applicant requests a designation of the motor vehicle in	83391
beneficiary form so that upon the death of the owner of the motor	83392
vehicle, ownership of the motor vehicle will pass to a designated	83393
transfer-on-death beneficiary or beneficiaries, the applicant may	83394
do so as provided in section 2131.13 of the Revised Code. A person	83395
who establishes ownership of a motor vehicle that is transferable	83396
on death in accordance with section 2131.13 of the Revised Code	83397
may terminate that type of ownership or change the designation of	83398
the transfer-on-death beneficiary or beneficiaries by applying for	83399
a certificate of title pursuant to this section. The clerk shall	83400
retain the evidence of title presented by the applicant and on	83401
which the certificate of title is issued, except that, if an	83402
application for a certificate of title is filed electronically by	83403
an electronic motor vehicle dealer on behalf of the purchaser of a	83404
motor vehicle, the clerk shall retain the completed electronic	83405
record to which the dealer converted the certificate of title	83406
application and other required documents. The registrar, after	83407
consultation with the attorney general, shall adopt rules that	83408
govern the location at which, and the manner in which, are stored	83409
the actual application and all other documents relating to the	83410
sale of a motor vehicle when an electronic motor vehicle dealer	83411
files the application for a certificate of title electronically on	83412
behalf of the purchaser.	83413

The clerk shall use reasonable diligence in ascertaining	83414
whether or not the facts in the application for a certificate of	83415
title are true by checking the application and documents	83416
accompanying it or the electronic record to which a dealer	83417
converted the application and accompanying documents with the	83418
records of motor vehicles in the clerk's office. If the clerk is	83419
satisfied that the applicant is the owner of the motor vehicle and	83420
that the application is in the proper form, the clerk, within five	83421
business days after the application is filed and except as	83422
provided in section 4505.021 of the Revised Code, shall issue a	83423
physical certificate of title over the clerk's signature and	83424
sealed with the clerk's seal, unless the applicant specifically	83425
requests the clerk not to issue a physical certificate of title	83426
and instead to issue an electronic certificate of title. For	83427
purposes of the transfer of a certificate of title, if the clerk	83428
is satisfied that the secured party has duly discharged a lien	83429
notation but has not canceled the lien notation with a clerk, the	83430
clerk may cancel the lien notation on the automated title	83431
processing system and notify the clerk of the county of origin.	83432

(4) In the case of the sale of a motor vehicle to a general	83433
buyer or user by a dealer, by a motor vehicle leasing dealer	83434
selling the motor vehicle to the lessee or, in a case in which the	83435
leasing dealer subleased the motor vehicle, the sublessee, at the	83436
end of the lease agreement or sublease agreement, or by a	83437
manufactured ~~home~~housing broker, the certificate of title shall	83438
be obtained in the name of the buyer by the dealer, leasing	83439
dealer, or manufactured ~~home~~housing broker, as the case may be,	83440
upon application signed by the buyer. The certificate of title	83441
shall be issued, or the process of entering the certificate of	83442
title application information into the automated title processing	83443
system if a physical certificate of title is not to be issued	83444
shall be completed, within five business days after the	83445
application for title is filed with the clerk. If the buyer of the	83446
motor vehicle previously leased the motor vehicle and is buying	83447
the motor vehicle at the end of the lease pursuant to that lease,	83448
the certificate of title shall be obtained in the name of the	83449
buyer by the motor vehicle leasing dealer who previously leased	83450
the motor vehicle to the buyer or by the motor vehicle leasing	83451
dealer who subleased the motor vehicle to the buyer under a	83452
sublease agreement.	83453

In all other cases, except as provided in section 4505.032	83454
and division (D)(2) of section 4505.11 of the Revised Code, such	83455
certificates shall be obtained by the buyer.	83456

(5)(a)(i) If the certificate of title is being obtained in	83457
the name of the buyer by a motor vehicle dealer or motor vehicle	83458
leasing dealer and there is a security interest to be noted on the	83459
certificate of title, the dealer or leasing dealer shall submit	83460
the application for the certificate of title and payment of the	83461
applicable tax to a clerk within seven business days after the	83462
later of the delivery of the motor vehicle to the buyer or the	83463
date the dealer or leasing dealer obtains the manufacturer's or	83464
importer's certificate, or certificate of title issued in the name	83465
of the dealer or leasing dealer, for the motor vehicle. Submission	83466
of the application for the certificate of title and payment of the	83467
applicable tax within the required seven business days may be	83468
indicated by postmark or receipt by a clerk within that period.	83469

(ii) Upon receipt of the certificate of title with the	83470
security interest noted on its face, the dealer or leasing dealer	83471
shall forward the certificate of title to the secured party at the	83472
location noted in the financing documents or otherwise specified	83473
by the secured party.	83474

(iii) A motor vehicle dealer or motor vehicle leasing dealer	83475
is liable to a secured party for a late fee of ten dollars per day	83476
for each certificate of title application and payment of the	83477
applicable tax that is submitted to a clerk more than seven	83478
business days but less than twenty-one days after the later of the	83479
delivery of the motor vehicle to the buyer or the date the dealer	83480
or leasing dealer obtains the manufacturer's or importer's	83481
certificate, or certificate of title issued in the name of the	83482
dealer or leasing dealer, for the motor vehicle and, from then on,	83483
twenty-five dollars per day until the application and applicable	83484
tax are submitted to a clerk.	83485

(b) In all cases of transfer of a motor vehicle except the	83486
transfer of a manufactured home, the application for certificate	83487
of title shall be filed within thirty days after the assignment	83488
or delivery of the motor vehicle. If	83489

(c) An application for a certificate of title for a new	83490
manufactured home shall be filed within thirty days after the	83491
delivery of the new manufactured home to the purchaser. The date	83492
of the delivery shall be the date on which an occupancy permit for	83493
the manufactured home is delivered to the purchaser of the home by	83494
the appropriate legal authority.	83495

(d) An application for a certificate of title for a used	83496
manufactured home or a used mobile home shall be filed as follows:	83497

(i) If a certificate of title for the used manufactured home	83498
or used mobile home was issued to the motor vehicle dealer prior	83499
to the sale of the manufactured or mobile home to the purchaser,	83500
the application for certificate of title shall be filed within	83501
thirty days after the date on which an occupancy permit for the	83502
manufactured or mobile home is delivered to the purchaser by the	83503
appropriate legal authority.	83504

(ii) If the motor vehicle dealer has been designated by a	83505
secured party to display the manufactured or mobile home for sale,	83506
or to sell the manufactured or mobile home under section 4505.20	83507
of the Revised Code, but the certificate of title has not been	83508
transferred by the secured party to the motor vehicle dealer, and	83509
the dealer has complied with the requirements of division (A) of	83510
section 4505.181 of the Revised Code, the application for	83511
certificate of title shall be filed within thirty days after the	83512
date on which the motor vehicle dealer obtains the certificate of	83513
title for the home from the secured party or the date on which an	83514
occupancy permit for the manufactured or mobile home is delivered	83515
to the purchaser by the appropriate legal authority, whichever	83516
occurs later.	83517

(6) If an application for a certificate of title is not filed	83518
within the period specified in division (A)(5)(b), (c), or (d) of	83519
this section, the clerk shall collect a fee of five dollars for	83520
the issuance of the certificate, except that no such fee shall be	83521
required from a motor vehicle salvage dealer, as defined in	83522
division (A) of section 4738.01 of the Revised Code, who	83523
immediately surrenders the certificate of title for cancellation.	83524
The fee shall be in addition to all other fees established by this	83525
chapter, and shall be retained by the clerk. The registrar shall	83526
provide, on the certificate of title form prescribed by section	83527
4505.07 of the Revised Code, language necessary to give evidence	83528
of the date on which the assignment or delivery of the motor	83529
vehicle was made.	83530

~~(6)~~(7) As used in division (A) of this section, "lease	83531
agreement," "lessee," and "sublease agreement" have the same	83532
meanings as in section 4505.04 of the Revised Code and "new	83533
manufactured home," "used manufactured home," and "used mobile	83534
home" have the same meanings as in section 5739.021 of the Revised	83535
Code.	83536

(B)(1) The clerk, except as provided in this section, shall	83537
refuse to accept for filing any application for a certificate of	83538
title and shall refuse to issue a certificate of title unless the	83539
dealer ~~or manufactured home broker~~ or the applicant, in cases in	83540
which the certificate shall be obtained by the buyer, submits with	83541
the application payment of the tax levied by or pursuant to	83542
Chapters 5739. and 5741. of the Revised Code based on the	83543
purchaser's county of residence. Upon payment of the tax in	83544
accordance with division (E) of this section, the clerk shall	83545
issue a receipt prescribed by the registrar and agreed upon by the	83546
tax commissioner showing payment of the tax or a receipt issued by	83547
the commissioner showing the payment of the tax. When submitting	83548
payment of the tax to the clerk, a dealer shall retain any	83549
discount to which the dealer is entitled under section 5739.12 of	83550
the Revised Code.	83551

(2) For receiving and disbursing such taxes paid to the clerk	83552
by a resident of the clerk's county, the clerk may retain a	83553
poundage fee of one and one one-hundredth per cent, and the clerk	83554
shall pay the poundage fee into the certificate of title	83555
administration fund created by section 325.33 of the Revised Code.	83556
The clerk shall not retain a poundage fee from payments of taxes	83557
by persons who do not reside in the clerk's county.	83558

A clerk, however, may retain from the taxes paid to the clerk	83559
an amount equal to the poundage fees associated with certificates	83560
of title issued by other clerks of courts of common pleas to	83561
applicants who reside in the first clerk's county. The registrar,	83562
in consultation with the tax commissioner and the clerks of the	83563
courts of common pleas, shall develop a report from the automated	83564
title processing system that informs each clerk of the amount of	83565
the poundage fees that the clerk is permitted to retain from those	83566
taxes because of certificates of title issued by the clerks of	83567
other counties to applicants who reside in the first clerk's	83568
county.	83569

(3) In the case of casual sales of motor vehicles, as defined	83570
in section 4517.01 of the Revised Code, the price for the purpose	83571
of determining the tax shall be the purchase price on the assigned	83572
certificate of title executed by the seller and filed with the	83573
clerk by the buyer on a form to be prescribed by the registrar,	83574
which shall be prima-facie evidence of the amount for the	83575
determination of the tax.	83576

(4) Each county clerk shall forward to the treasurer of state	83577
all sales and use tax collections resulting from sales of motor	83578
vehicles, off-highway motorcycles, and all-purpose vehicles during	83579
a calendar week on or before the Friday following the close of	83580
that week. If, on any Friday, the offices of the clerk of courts	83581
or the state are not open for business, the tax shall be forwarded	83582
to the treasurer of state on or before the next day on which the	83583
offices are open. Every remittance of tax under division (B)(4) of	83584
this section shall be accompanied by a remittance report in such	83585
form as the tax commissioner prescribes. Upon receipt of a tax	83586
remittance and remittance report, the treasurer of state shall	83587
date stamp the report and forward it to the tax commissioner. If	83588
the tax due for any week is not remitted by a clerk of courts as	83589
required under division (B)(4) of this section, the commissioner	83590
may require the clerk to forfeit the poundage fees for the sales	83591
made during that week. The treasurer of state may require the	83592
clerks of courts to transmit tax collections and remittance	83593
reports electronically.	83594

(C)(1) If the transferor indicates on the certificate of	83595
title that the odometer reflects mileage in excess of the designed	83596
mechanical limit of the odometer, the clerk shall enter the phrase	83597
"exceeds mechanical limits" following the mileage designation. If	83598
the transferor indicates on the certificate of title that the	83599
odometer reading is not the actual mileage, the clerk shall enter	83600
the phrase "nonactual: warning - odometer discrepancy" following	83601
the mileage designation. The clerk shall use reasonable care in	83602
transferring the information supplied by the transferor, but is	83603
not liable for any errors or omissions of the clerk or those of	83604
the clerk's deputies in the performance of the clerk's duties	83605
created by this chapter.	83606

The registrar shall prescribe an affidavit in which the	83607
transferor shall swear to the true selling price and, except as	83608
provided in this division, the true odometer reading of the motor	83609
vehicle. The registrar may prescribe an affidavit in which the	83610
seller and buyer provide information pertaining to the odometer	83611
reading of the motor vehicle in addition to that required by this	83612
section, as such information may be required by the United States	83613
secretary of transportation by rule prescribed under authority of	83614
subchapter IV of the "Motor Vehicle Information and Cost Savings	83615
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	83616

(2) Division (C)(1) of this section does not require the	83617
giving of information concerning the odometer and odometer reading	83618
of a motor vehicle when ownership of a motor vehicle is being	83619
transferred as a result of a bequest, under the laws of intestate	83620
succession, to a survivor pursuant to section 2106.18, 2131.12, or	83621
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	83622
beneficiaries pursuant to section 2131.13 of the Revised Code, in	83623
connection with the creation of a security interest or for a	83624
vehicle with a gross vehicle weight rating of more than sixteen	83625
thousand pounds.	83626

(D) When the transfer to the applicant was made in some other	83627
state or in interstate commerce, the clerk, except as provided in	83628
this section, shall refuse to issue any certificate of title	83629
unless the tax imposed by or pursuant to Chapter 5741. of the	83630
Revised Code based on the purchaser's county of residence has been	83631
paid as evidenced by a receipt issued by the tax commissioner, or	83632
unless the applicant submits with the application payment of the	83633
tax. Upon payment of the tax in accordance with division (E) of	83634
this section, the clerk shall issue a receipt prescribed by the	83635
registrar and agreed upon by the tax commissioner, showing payment	83636
of the tax.	83637

For receiving and disbursing such taxes paid to the clerk by	83638
a resident of the clerk's county, the clerk may retain a poundage	83639
fee of one and one one-hundredth per cent. The clerk shall not	83640
retain a poundage fee from payments of taxes by persons who do not	83641
reside in the clerk's county.	83642

A clerk, however, may retain from the taxes paid to the clerk	83643
an amount equal to the poundage fees associated with certificates	83644
of title issued by other clerks of courts of common pleas to	83645
applicants who reside in the first clerk's county. The registrar,	83646
in consultation with the tax commissioner and the clerks of the	83647
courts of common pleas, shall develop a report from the automated	83648
title processing system that informs each clerk of the amount of	83649
the poundage fees that the clerk is permitted to retain from those	83650
taxes because of certificates of title issued by the clerks of	83651
other counties to applicants who reside in the first clerk's	83652
county.	83653

When the vendor is not regularly engaged in the business of	83654
selling motor vehicles, the vendor shall not be required to	83655
purchase a vendor's license or make reports concerning those	83656
sales.	83657

(E) The clerk shall accept any payment of a tax in cash, or	83658
by cashier's check, certified check, draft, money order, or teller	83659
check issued by any insured financial institution payable to the	83660
clerk and submitted with an application for a certificate of title	83661
under division (B) or (D) of this section. The clerk also may	83662
accept payment of the tax by corporate, business, or personal	83663
check, credit card, electronic transfer or wire transfer, debit	83664
card, or any other accepted form of payment made payable to the	83665
clerk. The clerk may require bonds, guarantees, or letters of	83666
credit to ensure the collection of corporate, business, or	83667
personal checks. Any service fee charged by a third party to a	83668
clerk for the use of any form of payment may be paid by the clerk	83669
from the certificate of title administration fund created in	83670
section 325.33 of the Revised Code, or may be assessed by the	83671
clerk upon the applicant as an additional fee. Upon collection,	83672
the additional fees shall be paid by the clerk into that	83673
certificate of title administration fund.	83674

The clerk shall make a good faith effort to collect any	83675
payment of taxes due but not made because the payment was returned	83676
or dishonored, but the clerk is not personally liable for the	83677
payment of uncollected taxes or uncollected fees. The clerk shall	83678
notify the tax commissioner of any such payment of taxes that is	83679
due but not made and shall furnish the information to the	83680
commissioner that the commissioner requires. The clerk shall	83681
deduct the amount of taxes due but not paid from the clerk's	83682
periodic remittance of tax payments, in accordance with procedures	83683
agreed upon by the tax commissioner. The commissioner may collect	83684
taxes due by assessment in the manner provided in section 5739.13	83685
of the Revised Code.	83686

Any person who presents payment that is returned or	83687
dishonored for any reason is liable to the clerk for payment of a	83688
penalty over and above the amount of the taxes due. The clerk	83689
shall determine the amount of the penalty, and the penalty shall	83690
be no greater than that amount necessary to compensate the clerk	83691
for banking charges, legal fees, or other expenses incurred by the	83692
clerk in collecting the returned or dishonored payment. The	83693
remedies and procedures provided in this section are in addition	83694
to any other available civil or criminal remedies. Subsequently	83695
collected penalties, poundage fees, and title fees, less any title	83696
fee due the state, from returned or dishonored payments collected	83697
by the clerk shall be paid into the certificate of title	83698
administration fund. Subsequently collected taxes, less poundage	83699
fees, shall be sent by the clerk to the treasurer of state at the	83700
next scheduled periodic remittance of tax payments, with	83701
information as the commissioner may require. The clerk may abate	83702
all or any part of any penalty assessed under this division.	83703

(F) In the following cases, the clerk shall accept for	83704
filing an application and shall issue a certificate of title	83705
without requiring payment or evidence of payment of the tax:	83706

(1) When the purchaser is this state or any of its political	83707
subdivisions, a church, or an organization whose purchases are	83708
exempted by section 5739.02 of the Revised Code;	83709

(2) When the transaction in this state is not a retail sale	83710
as defined by section 5739.01 of the Revised Code;	83711

(3) When the purchase is outside this state or in interstate	83712
commerce and the purpose of the purchaser is not to use, store, or	83713
consume within the meaning of section 5741.01 of the Revised Code;	83714

(4) When the purchaser is the federal government;

83715

(5) When the motor vehicle was purchased outside this state	83716
for use outside this state;	83717

(6) When the motor vehicle is purchased by a nonresident	83718
under the circumstances described in division (B)(1) of section	83719
5739.029 of the Revised Code, and upon presentation of a copy of	83720
the affidavit provided by that section, and a copy of the	83721
exemption certificate provided by section 5739.03 of the Revised	83722
Code.	83723

(G) An application, as prescribed by the registrar and agreed	83724
to by the tax commissioner, shall be filled out and sworn to by	83725
the buyer of a motor vehicle in a casual sale. The application	83726
shall contain the following notice in bold lettering: "WARNING TO	83727
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	83728
law to state the true selling price. A false statement is in	83729
violation of section 2921.13 of the Revised Code and is punishable	83730
by six months' imprisonment or a fine of up to one thousand	83731
dollars, or both. All transfers are audited by the department of	83732
taxation. The seller and buyer must provide any information	83733
requested by the department of taxation. The buyer may be assessed	83734
any additional tax found to be due."	83735

(H) For sales of manufactured homes or mobile homes occurring	83736
on or after January 1, 2000, the clerk shall accept for filing,	83737
pursuant to Chapter 5739. of the Revised Code, an application for	83738
a certificate of title for a manufactured home or mobile home	83739
without requiring payment of any tax pursuant to section 5739.02,	83740
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	83741
issued by the tax commissioner showing payment of the tax. For	83742
sales of manufactured homes or mobile homes occurring on or after	83743
January 1, 2000, the applicant shall pay to the clerk an	83744
additional fee of five dollars for each certificate of title	83745
issued by the clerk for a manufactured or mobile home pursuant to	83746
division (H) of section 4505.11 of the Revised Code and for each	83747
certificate of title issued upon transfer of ownership of the	83748
home. The clerk shall credit the fee to the county certificate of	83749
title administration fund, and the fee shall be used to pay the	83750
expenses of archiving those certificates pursuant to division (A)	83751
of section 4505.08 and division (H)(3) of section 4505.11 of the	83752
Revised Code. The tax commissioner shall administer any tax on a	83753
manufactured or mobile home pursuant to Chapters 5739. and 5741.	83754
of the Revised Code.	83755

(I) Every clerk shall have the capability to transact by	83756
electronic means all procedures and transactions relating to the	83757
issuance of motor vehicle certificates of title that are described	83758
in the Revised Code as being accomplished by electronic means.	83759

Sec. 4505.062. Notwithstanding any general requirement in	83760
this chapter to the effect that an application for a certificate	83761
of title to a motor vehicle shall be "sworn to" or shall be "sworn	83762
to before a notary public or other officer empowered to administer	83763
oaths," that requirement shall apply only in the case of a	83764
transfer of a motor vehicle between parties in the course of a	83765
casual sale, as defined in ~~section~~sections 4517.01 and 4781.01 of	83766
the Revised Code.	83767

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	83768
shall charge and retain fees as follows:	83769

(a) Five dollars for each certificate of title that is not	83770
applied for within thirty days after the later of the assignment	83771
or delivery of the motor vehicle described in it. The entire fee	83772
shall be retained by the clerk.	83773

(b) Fifteen dollars for each certificate of title or	83774
duplicate certificate of title including the issuance of a	83775
memorandum certificate of title, or authorization to print a	83776
non-negotiable evidence of ownership described in division (G) of	83777
section 4505.08 of the Revised Code, non-negotiable evidence of	83778
ownership printed by the clerk under division (H) of that section,	83779
and notation of any lien on a certificate of title that is applied	83780
for at the same time as the certificate of title. The clerk shall	83781
retain eleven dollars and fifty cents of that fee for each	83782
certificate of title when there is a notation of a lien or	83783
security interest on the certificate of title, twelve dollars and	83784
twenty-five cents when there is no lien or security interest noted	83785
on the certificate of title, and eleven dollars and fifty cents	83786
for each duplicate certificate of title.	83787

(c) Five dollars for each certificate of title with no	83788
security interest noted that is issued to a licensed motor vehicle	83789
dealer for resale purposes. The clerk shall retain two dollars and	83790
twenty-five cents of that fee.	83791

(d) Five dollars for each memorandum certificate of title or	83792
non-negotiable evidence of ownership that is applied for	83793
separately. The clerk shall retain that entire fee.	83794

(2) The fees that are not retained by the clerk shall be	83795
paid to the registrar of motor vehicles by monthly returns, which	83796
shall be forwarded to the registrar not later than the fifth day	83797
of the month next succeeding that in which the certificate is	83798
issued or that in which the registrar is notified of a lien or	83799
cancellation of a lien.	83800

(B)(1) The registrar shall pay twenty-five cents of the	83801
amount received for each certificate of title issued to a motor	83802
vehicle dealer for resale ~~and~~, one dollar for ~~all other~~	83803
certificates of title issued with a lien or security interest	83804
noted on the certificate of title, and twenty-five cents for each	83805
certificate of title with no lien or security interest noted on	83806
the certificate of title into the state bureau of motor vehicles	83807
fund established in section 4501.25 of the Revised Code.	83808

(2) Fifty cents of the amount received for each certificate	83809
of title shall be paid by the registrar as follows:	83810

(a) Four cents shall be paid into the state treasury to the	83811
credit of the motor vehicle dealers board fund, which is hereby	83812
created. All investment earnings of the fund shall be credited to	83813
the fund. The moneys in the motor vehicle dealers board fund shall	83814
be used by the motor vehicle dealers board created under section	83815
4517.30 of the Revised Code, together with other moneys	83816
appropriated to it, in the exercise of its powers and the	83817
performance of its duties under Chapter 4517. of the Revised Code,	83818
except that the director of budget and management may transfer	83819
excess money from the motor vehicle dealers board fund to the	83820
bureau of motor vehicles fund if the registrar determines that the	83821
amount of money in the motor vehicle dealers board fund, together	83822
with other moneys appropriated to the board, exceeds the amount	83823
required for the exercise of its powers and the performance of its	83824
duties under Chapter 4517. of the Revised Code and requests the	83825
director to make the transfer.	83826

(b) Twenty-one cents shall be paid into the highway operating	83827
fund.	83828

(c) Twenty-five cents shall be paid into the state treasury	83829
to the credit of the motor vehicle sales audit fund, which is	83830
hereby created. The moneys in the fund shall be used by the tax	83831
commissioner together with other funds available to the	83832
commissioner to conduct a continuing investigation of sales and	83833
use tax returns filed for motor vehicles in order to determine if	83834
sales and use tax liability has been satisfied. The commissioner	83835
shall refer cases of apparent violations of section 2921.13 of the	83836
Revised Code made in connection with the titling or sale of a	83837
motor vehicle and cases of any other apparent violations of the	83838
sales or use tax law to the appropriate county prosecutor whenever	83839
the commissioner considers it advisable.	83840

(3) Two dollars of the amount received by the registrar for	83841
each certificate of title shall be paid into the state treasury to	83842
the credit of the automated title processing fund, which is hereby	83843
created and which shall consist of moneys collected under division	83844
(B)(3) of this section and under sections 1548.10 and 4519.59 of	83845
the Revised Code. All investment earnings of the fund shall be	83846
credited to the fund. The moneys in the fund shall be used as	83847
follows:	83848

(a) Except for moneys collected under section 1548.10 of the	83849
Revised Code and as provided in division (B)(3)(c) of this	83850
section, moneys collected under division (B)(3) of this section	83851
shall be used to implement and maintain an automated title	83852
processing system for the issuance of motor vehicle, off-highway	83853
motorcycle, and all-purpose vehicle certificates of title in the	83854
offices of the clerks of the courts of common pleas.	83855

(b) Moneys collected under section 1548.10 of the Revised	83856
Code shall be used to issue marine certificates of title in the	83857
offices of the clerks of the courts of common pleas as provided in	83858
Chapter 1548. of the Revised Code.	83859

(c) Moneys collected under division (B)(3) of this section	83860
shall be used in accordance with section 4505.25 of the Revised	83861
Code to implement Sub. S.B. 59 of the 124th general assembly.	83862

(C)(1) The automated title processing board is hereby created	83863
consisting of the registrar or the registrar's representative, a	83864
person selected by the registrar, the president of the Ohio clerks	83865
of court association or the president's representative, and two	83866
clerks of courts of common pleas appointed by the governor. The	83867
director of budget and management or the director's designee, the	83868
chief of the division of watercraft in the department of natural	83869
resources or the chief's designee, and the tax commissioner or	83870
the commissioner's designee shall be nonvoting members of the	83871
board. The purpose of the board is to facilitate the operation	83872
and maintenance of an automated title processing system and	83873
approve the procurement of automated title processing system	83874
equipment. Voting members of the board, excluding the registrar	83875
or the registrar's representative, shall serve without	83876
compensation, but shall be reimbursed for travel and other	83877
necessary expenses incurred in the conduct of their official	83878
duties. The registrar or the registrar's representative shall	83879
receive neither compensation nor reimbursement as a board	83880
member.	83881

(2) The automated title processing board shall determine each	83882
of the following:	83883

(a) The automated title processing equipment and certificates	83884
of title requirements for each county;	83885

(b) The payment of expenses that may be incurred by the	83886
counties in implementing an automated title processing system;	83887

(c) The repayment to the counties for existing title	83888
processing equipment.	83889

(3) The registrar shall purchase, lease, or otherwise acquire	83890
any automated title processing equipment and certificates of title	83891
that the board determines are necessary from moneys in the	83892
automated title processing fund established by division (B)(3) of	83893
this section.	83894

(D) All counties shall conform to the requirements of the	83895
registrar regarding the operation of their automated title	83896
processing system for motor vehicle titles, certificates of title	83897
for off-highway motorcycles and all-purpose vehicles, and	83898
certificates of title for watercraft and outboard motors.	83899

Sec. 4505.111. (A) Every motor vehicle, other than a	83900
manufactured home, a mobile home, or a motor vehicle as provided	83901
in divisions (C), (D), and (E) of section 4505.11 of the Revised	83902
Code, that is assembled from component parts by a person other	83903
than the manufacturer, shall be inspected by the state highway	83904
patrol prior to issuance of title to the motor vehicle. The	83905
inspection shall include establishing proof of ownership and an	83906
inspection of the motor number and vehicle identification number	83907
of the motor vehicle, and any items of equipment the director of	83908
public safety considers advisable and requires to be inspected by	83909
rule. A fee of forty dollars in fiscal year 1998 and fifty dollars	83910
in fiscal year 1999 and thereafter shall be assessed by the state	83911
highway patrol for each inspection made pursuant to this section,	83912
and shall be deposited in the state highway safety fund	83913
established by section 4501.06 of the Revised Code.	83914

(B) Whoever violates this section shall be fined not more	83915
than two thousand dollars, imprisoned not more than one year, or	83916
both.	83917

Sec. 4505.181. (A) Notwithstanding divisions (A)(2), (5),	83918
and (6) of section 4505.18 of the Revised Code, a motor vehicle	83919
dealer or person acting on behalf of a motor vehicle dealer may	83920
display, offer for sale, or sell a used motor vehicle, used	83921
manufactured home, or used mobile home without having first	83922
obtained a certificate of title for the vehicle in the name of the	83923
dealer as required by this chapter if the dealer or person acting	83924
on behalf of the dealer complies with divisions (A)(1)(a) and (2)	83925
of this section, or divisions (A)(1)(b) and (2) of this section,	83926
as follows:	83927

(1)(a) If the dealer has been licensed as a motor vehicle	83928
dealer or manufactured housing dealer for less than the three-year	83929
period prior to the date on which the dealer or person acting on	83930
behalf of the dealer displays, offers for sale, or sells the used	83931
motor vehicle for which the dealer has not obtained a certificate	83932
of title in the name of the dealer, or if the attorney general has	83933
paid a retail purchaser of the dealer under division (C) of this	83934
section within three years prior to such date, the dealer posts	83935
with the attorney general's office in favor of this state a bond	83936
of a surety company authorized to do business in this state, in an	83937
amount of not less than twenty-five thousand dollars, to be used	83938
solely for the purpose of compensating retail purchasers of motor	83939
vehicles, manufactured homes, or mobile homes who suffer damages	83940
due to failure of the dealer or person acting on behalf of the	83941
dealer to comply with this section. The dealer's surety shall	83942
notify the registrar and attorney general when a bond is canceled	83943
and shall notify the manufactured homes commission and the	83944
attorney general when a bond of a manufactured housing dealer is	83945
canceled. Such notification of cancellation shall include the	83946
effective date of and reason for cancellation.	83947

(b) If the dealer has been licensed as a motor vehicle dealer	83948
or manufactured housing dealer for longer than the three-year	83949
period prior to the date on which the dealer or person acting on	83950
behalf of the dealer displays, offers for sale, or sells the used	83951
motor vehicle, used manufactured home, or used mobile home for	83952
which the dealer has not obtained a certificate of title in the	83953
name of the dealer and the attorney general has not paid a retail	83954
purchaser of the dealer under division (C) of this section within	83955
three years prior to such date, the dealer pays one hundred fifty	83956
dollars to the attorney general for deposit into the title defect	83957
recision fund created by section 1345.52 of the Revised Code.	83958

(2) The dealer or person acting on behalf of the dealer	83959
possesses a bill of sale for each motor vehicle, used manufactured	83960
home, and used mobile home proposed to be displayed, offered for	83961
sale, or sold under this section and a properly executed power of	83962
attorney or other related documents from the prior owner of the	83963
motor vehicle, manufactured home, or mobile home giving the dealer	83964
or person acting on behalf of the dealer authority to have a	83965
certificate of title to the motor vehicle, manufactured home, or	83966
mobile home issued in the name of the dealer, and retains copies	83967
of all such documents in the dealer's or person's files until such	83968
time as a certificate of title in the dealer's name is issued for	83969
each such motor vehicle, manufactured home, or mobile home by the	83970
clerk of the court of common pleas. Such documents shall be	83971
available for inspection by the bureau of motor vehicles and the	83972
manufactured homes commission during normal business hours.	83973

(B) If a retail purchaser purchases a motor vehicle, used	83974
manufactured home, or used mobile home for which the dealer,	83975
pursuant to and in accordance with division (A) of this section,	83976
does not have a certificate of title issued in the name of the	83977
dealer at the time of the sale, the retail purchaser has an	83978
unconditional right to rescind the transaction and the dealer has	83979
an obligation to refund to the retail purchaser the full purchase	83980
price of the vehicle, if one of the following applies:	83981

(1) The dealer fails, on or before the fortieth day following	83982
the date of the sale, to obtain a title in the name of the retail	83983
purchaser.	83984

(2) The title for the vehicle indicates that it is a rebuilt	83985
salvage vehicle, and the fact that it is a rebuilt salvage vehicle	83986
was not disclosed to the retail purchaser in writing prior to the	83987
execution of the purchase agreement.	83988

(3) The title for the vehicle indicates that the dealer has	83989
made an inaccurate odometer disclosure to the retail purchaser.	83990

(4) The motor vehicle is a used manufactured home or used	83991
mobile home, as defined by section 5739.021 of the Revised Code,	83992
that has been repossessed under Chapter 1309. or 1317. of the	83993
Revised Code, but a certificate of title for the repossessed home	83994
has not yet been transferred by the repossessing party to the	83995
dealer on the date the retail purchaser purchases the used	83996
manufactured home or used mobile home from the dealer, and the	83997
dealer fails to obtain a certificate of title on or before the	83998
fortieth day after the dealer obtains the certificate of title for	83999
the home from the repossessing party or the date on which an	84000
occupancy permit for the home is delivered to the purchaser by the	84001
appropriate legal authority, whichever occurs later.	84002

If any of the circumstances described in divisions (B)(1) to	84003
~~(3)~~(4) of this section applies, a retail purchaser or the retail	84004
purchaser's representative shall notify the dealer and afford the	84005
dealer the opportunity to comply with the dealer's obligation to	84006
refund the full purchase price of the motor vehicle. Nothing in	84007
this division shall be construed as prohibiting the dealer and the	84008
retail purchaser or their representatives from negotiating a	84009
compromise resolution that is satisfactory to both parties.	84010

(C) If a retail purchaser notifies a dealer of one or more of	84011
the circumstances listed in division (B) of this section and the	84012
dealer fails to refund to the retail purchaser the full purchase	84013
price of the vehicle or reach a satisfactory compromise with the	84014
retail purchaser within three business days of presentation of the	84015
retail purchaser's recision claim, the retail purchaser may apply	84016
to the attorney general for payment from the fund of the full	84017
purchase price to the retail purchaser.	84018

(D) Upon application by a retail purchaser for payment from	84019
the fund, if the attorney general is satisfied that one or more of	84020
the circumstances contained in divisions (B)(1) to ~~(3)~~(4) of this	84021
section exist, the attorney general shall cause the full purchase	84022
price of the vehicle, manufactured home, or mobile home to be paid	84023
to the retail purchaser from the fund after delivery of the	84024
vehicle, manufactured home, or mobile home to the attorney	84025
general. The attorney general may sell or otherwise dispose of any	84026
vehicle, manufactured home, or mobile home that is delivered to	84027
the attorney general under this section, and may collect the	84028
proceeds of any bond posted under division (A) of this section by	84029
a dealer who has failed to comply with division (C) of this	84030
section. The proceeds from all such sales and collections shall	84031
be deposited into the title defect recision fund for use as	84032
specified in section 1345.52 of the Revised Code.	84033

(E) Failure by a dealer to comply with division (A) or (B) of	84034
this section constitutes a deceptive act or practice in connection	84035
with a consumer transaction, and is a violation of section 1345.02	84036
of the Revised Code.	84037

(F) The remedy provided in this section to retail purchasers	84038
is in addition to any remedies otherwise available to the retail	84039
purchaser for the same conduct of the dealer or person acting on	84040
behalf of the dealer under federal law or the laws of this state	84041
or a political subdivision of this state.	84042

(G) All motor vehicle dealers licensed under Chapter 4517. of	84043
the Revised Code and manufactured housing dealers licensed under	84044
Chapter 4781. of the Revised Code shall pay to the attorney	84045
general for deposit into the title defect recision fund the amount	84046
described in division (A)(1)(b) of this section beginning with the	84047
calendar year during which this section becomes effective and each	84048
year subsequent to that year until the balance in the fund is not	84049
less than three hundred thousand dollars. All such dealers also	84050
shall pay to the attorney general for deposit into the fund that	84051
amount during any year and subsequent years during which the	84052
balance in the fund is less than three hundred thousand dollars	84053
until the balance in the fund reaches three hundred thousand	84054
dollars.	84055

If a motor vehicle dealer or manufactured housing dealer	84056
fails to comply with this division, the attorney general may bring	84057
a civil action in a court of competent jurisdiction to collect the	84058
amount the dealer failed to pay to the attorney general for	84059
deposit into the fund.	84060

Sec. 4505.20. (A) Notwithstanding division (A)(2) of section	84061
4505.18 of the Revised Code or any other provision of this chapter	84062
or Chapter 4517. of the Revised Code, a secured party may	84063
designate any dealer to display, display for sale, or sell a	84064
manufactured or mobile home if the home has come into the	84065
possession of that secured party by a default in the terms of a	84066
security instrument and the certificate of title remains in the	84067
name and possession of the secured party.	84068

(B) Notwithstanding division (A)(2) of section 4505.18 of the	84069
Revised Code or any other provision of this chapter or Chapter	84070
4517. of the Revised Code, the owner of a recreational vehicle or	84071
a secured party of a recreational vehicle who has come into	84072
possession of the vehicle by a default in the terms of a security	84073
instrument, may designate any dealer to display, display for sale,	84074
or sell the vehicle while the certificate of title remains in the	84075
possession of the owner or secured party. No dealer may display or	84076
offer for sale more than five recreational vehicles at any time	84077
under this division. No dealer may display or offer for sale a	84078
recreational vehicle under this division unless the dealer	84079
maintains insurance or the bond of a surety company authorized to	84080
transact business within this state in an amount sufficient to	84081
satisfy the fair market value of the vehicle.	84082

(C) The registrar of motor vehicles may adopt rules in	84083
accordance with Chapter 119. of the Revised Code prescribing the	84084
maximum number of manufactured or mobile homes that have come into	84085
the possession of a secured party by a default in the terms of a	84086
security instrument that any dealer may display or offer for sale	84087
at any time. The registrar may adopt other reasonable rules	84088
regarding the resale of such manufactured homes, mobile homes, and	84089
recreational vehicles that the registrar considers necessary.	84090

(D) The secured party or owner shall provide the dealer with	84091
written authorization to display, display for sale, or sell the	84092
manufactured home, mobile home, or recreational vehicle. The	84093
dealer shall show and explain the written authorization to any	84094
prospective purchaser. The written authorization shall contain the	84095
vehicle identification number, make, model, year of manufacture,	84096
and physical description of the manufactured home, mobile home, or	84097
recreational vehicle that is provided to the dealer.	84098

(E) As used in this section, "dealer" means a ~~new motor~~	84099
~~vehicle~~manufactured housing dealer that is licensed under Chapter	84100
~~4517.~~4781. of the Revised Code.	84101

(F) Whoever violates this section shall be fined not more	84102
than two hundred dollars, imprisoned not more than ninety days, or	84103
both.	84104

Sec. 4507.03. (A)(1) No person shall be required to obtain	84105
a driver's or commercial driver's license for the purpose of	84106
temporarily driving, operating, drawing, moving, or propelling a	84107
road roller or road machinery upon a street or highway.	84108

(2) No person shall be required to obtain a driver's or	84109
commercial driver's license for the purpose of temporarily	84110
driving, operating, drawing, moving, or propelling any	84111
agricultural tractor or implement of husbandry upon a street or	84112
highway at a speed of twenty-five miles per hour or less.	84113

(3) No person shall drive, operate, draw, move, or propel any	84114
agricultural tractor or implement of husbandry upon a street or	84115
highway at a speed greater than twenty-five miles per hour unless	84116
the person has a current, valid driver's or commercial driver's	84117
license.	84118

(4) No person having a valid driver's or commercial driver's	84119
license shall be required to have a motorcycle operator's	84120
endorsement to operate a motorcycle having three wheels with a	84121
motor of not more than fifty cubic centimeters piston	84122
displacement.	84123

(B) Every person on active duty in the armed forces of the	84124
United States, when furnished with a driver's permit and when	84125
operating an official motor vehicle in connection with such duty,	84126
is exempt from the license requirements of Chapters 4506. and	84127
4507. of the Revised Code.	84128

Every person on active duty in the armed forces of the United	84129
States or in service with the peace corps, volunteers in service	84130
to America, or the foreign service of the United States is exempt	84131
from the license requirements of those chapters for the period of	84132
the person's active duty or service and for six months	84133
thereafter, provided the person was a licensee under those	84134
chapters at the time the person commenced ~~his~~the person's active	84135
duty or service. The spouse or a dependent of any such person on	84136
active duty or in service also is exempt from the license	84137
requirements of those chapters for the period of the person's	84138
active duty or service and for six months thereafter, provided	84139
the spouse or dependent was a licensee under those chapters at	84140
the time the person commenced the active duty or service, and	84141
provided further that the person's active duty or service causes	84142
the spouse or dependent to relocate outside of this state during	84143
the period of the active duty or service.	84144

This section does not prevent such a person or ~~his~~the	84145
person's spouse or dependent from making an application, as	84146
provided in division (C) of section 4507.10 of the Revised Code,	84147
for the renewal of a driver's license or motorcycle operator's	84148
endorsement or as provided in section 4506.14 of the Revised Code	84149
for the renewal of a commercial driver's license during the	84150
period of the person's active duty or service.	84151

(C) Whoever violates division (A)(3) of this section is	84152
guilty of a misdemeanor of the first degree.	84153

Sec. 4507.24. (A) Except as provided in division (C) of this	84154
section, the registrar of motor vehicles or a deputy registrar	84155
may collect a fee not to exceed the following:	84156

(1) Four dollars and fifty cents commencing on January 1,	84157
2004, and six dollars and twenty-five cents commencing on October	84158
1, 2009, for each application for renewal of a driver's license	84159
received by the deputy registrar, when the applicant is required	84160
to submit to a screening of the applicant's vision under section	84161
4507.12 of the Revised Code;	84162

(2) Three dollars and fifty cents commencing on January 1,	84163
2004, for each application for a driver's license, or motorized	84164
bicycle license, or for renewal of such a license, received by the	84165
deputy registrar, when the applicant is not required to submit to	84166
a screening of the applicant's vision under section 4507.12 of the	84167
Revised Code.	84168

(B) The fees prescribed by division (A) of this section shall	84169
be in addition to the fee for a temporary instruction permit and	84170
examination, a driver's license, a motorized bicycle license, or	84171
duplicates thereof. The fees retained by a deputy registrar shall	84172
compensate the deputy registrar for the deputy registrar's	84173
services, for office and rental expense, and for costs as provided	84174
in division (D) of this section, as are necessary for the proper	84175
discharge of the deputy registrar's duties under sections 4507.01	84176
to 4507.39 of the Revised Code.	84177

(C) A disabled veteran who has a service-connected disability	84178
rated at one hundred per cent by the veterans' administration is	84179
required to pay the applicable fee prescribed in division (A) of	84180
this section if the disabled veteran submits an application for a	84181
driver's license or motorized bicycle license or a renewal of	84182
either of these licenses to a deputy registrar who is acting as a	84183
deputy registrar pursuant to a contract with the registrar that is	84184
in effect on the effective date of this amendment. The disabled	84185
veteran also is required to submit with the disabled veteran's	84186
application such documentary evidence of disability as the	84187
registrar may require by rule.	84188

A disabled veteran who submits an application described in	84189
this division is not required to pay either of the fees prescribed	84190
in division (A) of this section if the disabled veteran submits	84191
the application to a deputy registrar who is acting as a deputy	84192
registrar pursuant to a contract with the registrar that is	84193
executed after the effective date of this amendment. The disabled	84194
veteran still is required to submit with the disabled veteran's	84195
application such documentary evidence of disability as the	84196
registrar may require by rule.	84197

A disabled veteran who submits an application described in	84198
this division directly to the registrar is not required to pay	84199
either of the fees prescribed in division (A) of this section if	84200
the disabled veteran submits with the disabled veteran's	84201
application such documentary evidence of disability as the	84202
registrar may require by rule.	84203

(D)(1) Each deputy registrar shall transmit to the registrar	84204
of motor vehicles, at such time and in such manner as the	84205
registrar shall require by rule, an amount of each fee collected	84206
under division (A)(1) of this section as shall be determined by	84207
the registrar. The registrar shall pay all such moneys so	84208
received into the state bureau of motor vehicles fund created in	84209
section 4501.25 of the Revised Code.	84210

(2) Commencing on October 1, 2009, each deputy registrar	84211
shall transmit one dollar and seventy-five cents of each fee	84212
collected under division (A)(1) of this section to the registrar	84213
at the time and in the manner provided by section 4503.10 of the	84214
Revised Code. The registrar shall deposit all moneys received	84215
under division (D)(2) of this section into the state highway	84216
safety fund established in section 4501.06 of the Revised Code.	84217

Sec. 4507.45. If a person's driver's license, commercial	84218
driver's license, or nonresident operating privilege is suspended,	84219
disqualified, or canceled for an indefinite period of time or for	84220
a period of at least ninety days, and if at the end of the period	84221
of suspension, disqualification, or cancellation the person is	84222
eligible to have the license or privilege reinstated, the	84223
registrar of motor vehicles shall collect a reinstatement fee of	84224
~~thirty~~forty dollars when the person requests reinstatement.	84225
However, the registrar shall not collect the fee prescribed by	84226
this section if a different driver's license, commercial driver's	84227
license, or nonresident operating privilege reinstatement fee is	84228
prescribed by law.	84229

The registrar shall deposit ten dollars of each forty-dollar	84230
fee into the state treasury to the credit of the indigent defense	84231
support fund created by section 120.08 of the Revised Code and	84232
thirty dollars of each fee into the state treasury to the credit	84233
of the state bureau of motor vehicles fund created by section	84234
4501.25 of the Revised Code.	84235

Sec. 4509.101. (A)(1) No person shall operate, or permit the	84236
operation of, a motor vehicle in this state, unless proof of	84237
financial responsibility is maintained continuously throughout the	84238
registration period with respect to that vehicle, or, in the case	84239
of a driver who is not the owner, with respect to that driver's	84240
operation of that vehicle.	84241

(2) Whoever violates division (A)(1) of this section shall be	84242
subject to the following civil penalties:	84243

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	84244
class E suspension of the person's driver's license, commercial	84245
driver's license, temporary instruction permit, probationary	84246
license, or nonresident operating privilege for the period of time	84247
specified in division (B)(5) of section 4510.02 of the Revised	84248
Code and impoundment of the person's license. The court may grant	84249
limited driving privileges to the person only if the person	84250
presents proof of financial responsibility and has complied with	84251
division (A)(5) of this section.	84252

(b) If, within five years of the violation, the person's	84253
operating privileges are again suspended and the person's license	84254
again is impounded for a violation of division (A)(1) of this	84255
section, a class C suspension of the person's driver's license,	84256
commercial driver's license, temporary instruction permit,	84257
probationary license, or nonresident operating privilege for the	84258
period of time specified in division (B)(3) of section 4510.02 of	84259
the Revised Code. The court may grant limited driving privileges	84260
to the person only if the person presents proof of financial	84261
responsibility and has complied with division (A)(5) of this	84262
section, and no court may grant limited driving privileges for the	84263
first fifteen days of the suspension.	84264

(c) If, within five years of the violation, the person's	84265
operating privileges are suspended and the person's license is	84266
impounded two or more times for a violation of division (A)(1) of	84267
this section, a class B suspension of the person's driver's	84268
license, commercial driver's license, temporary instruction	84269
permit, probationary license, or nonresident operating privilege	84270
for the period of time specified in division (B)(2) of section	84271
4510.02 of the Revised Code. No court may grant limited driving	84272
privileges during the suspension.	84273

(d) In addition to the suspension of an owner's license under	84274
division (A)(2)(a), (b), or (c) of this section, the suspension of	84275
the rights of the owner to register the motor vehicle and the	84276
impoundment of the owner's certificate of registration and license	84277
plates until the owner complies with division (A)(5) of this	84278
section.	84279

(3) A person to whom this state has issued a certificate of	84280
registration for a motor vehicle or a license to operate a motor	84281
vehicle or who is determined to have operated any motor vehicle or	84282
permitted the operation in this state of a motor vehicle owned by	84283
the person shall be required to verify the existence of proof of	84284
financial responsibility covering the operation of the motor	84285
vehicle or the person's operation of the motor vehicle under any	84286
of the following circumstances:	84287

(a) The person or a motor vehicle owned by the person is	84288
involved in a traffic accident that requires the filing of an	84289
accident report under section 4509.06 of the Revised Code.	84290

(b) The person receives a traffic ticket indicating that	84291
proof of the maintenance of financial responsibility was not	84292
produced upon the request of a peace officer or state highway	84293
patrol trooper made in accordance with division (D)(2) of this	84294
section.	84295

(c) Whenever, in accordance with rules adopted by the	84296
registrar, the person is randomly selected by the registrar and	84297
requested to provide such verification.	84298

(4) An order of the registrar that suspends and impounds a	84299
license or registration, or both, shall state the date on or	84300
before which the person is required to surrender the person's	84301
license or certificate of registration and license plates. The	84302
person is deemed to have surrendered the license or certificate of	84303
registration and license plates, in compliance with the order, if	84304
the person does either of the following:	84305

(a) On or before the date specified in the order, personally	84306
delivers the license or certificate of registration and license	84307
plates, or causes the delivery of the items, to the registrar;	84308

(b) Mails the license or certificate of registration and	84309
license plates to the registrar in an envelope or container	84310
bearing a postmark showing a date no later than the date specified	84311
in the order.	84312

(5) Except as provided in division (A)(6) or (L) of this	84313
section, the registrar shall not restore any operating privileges	84314
or registration rights suspended under this section, return any	84315
license, certificate of registration, or license plates impounded	84316
under this section, or reissue license plates under section	84317
4503.232 of the Revised Code, if the registrar destroyed the	84318
impounded license plates under that section, or reissue a license	84319
under section 4510.52 of the Revised Code, if the registrar	84320
destroyed the suspended license under that section, unless the	84321
rights are not subject to suspension or revocation under any other	84322
law and unless the person, in addition to complying with all other	84323
conditions required by law for reinstatement of the operating	84324
privileges or registration rights, complies with all of the	84325
following:	84326

(a) Pays a financial responsibility reinstatement fee of	84327
~~seventy-five~~one hundred dollars for the first violation of	84328
division (A)(1) of this section, ~~two~~three hundred ~~fifty~~ dollars	84329
for a second violation of that division, and ~~five~~six hundred	84330
dollars for a third or subsequent violation of that division;	84331

(b) If the person has not voluntarily surrendered the	84332
license, certificate, or license plates in compliance with the	84333
order, pays a financial responsibility nonvoluntary compliance fee	84334
in an amount, not to exceed fifty dollars, determined by the	84335
registrar;	84336

(c) Files and continuously maintains proof of financial	84337
responsibility under sections 4509.44 to 4509.65 of the Revised	84338
Code.	84339

(6) If the registrar issues an order under division (A)(2) of	84340
this section resulting from the failure of a person to respond to	84341
a financial responsibility random verification request under	84342
division (A)(3)(c) of this section and the person successfully	84343
maintains an affirmative defense to a violation of section 4510.16	84344
of the Revised Code or is determined by the registrar or a deputy	84345
registrar to have been in compliance with division (A)(1) of this	84346
section at the time of the initial financial responsibility random	84347
verification request, the registrar shall do both of the	84348
following:	84349

(a) Terminate the order of suspension or impoundment;

84350

(b) Restore the operating privileges and registration rights	84351
of the person without payment of the fees established in divisions	84352
(A)(5)(a) and (b) of this section and without a requirement to	84353
file proof of financial responsibility.	84354

(B)(1) Every party required to file an accident report under	84355
section 4509.06 of the Revised Code also shall include with the	84356
report a document described in division (G)(1) of this section.	84357

If the registrar determines, within forty-five days after the	84358
report is filed, that an operator or owner has violated division	84359
(A)(1) of this section, the registrar shall do all of the	84360
following:	84361

(a) Order the impoundment, with respect to the motor vehicle	84362
involved, required under division (A)(2)(d) of this section, of	84363
the certificate of registration and license plates of any owner	84364
who has violated division (A)(1) of this section;	84365

(b) Order the suspension required under division (A)(2)(a),	84366
(b), or (c) of this section of the license of any operator or	84367
owner who has violated division (A)(1) of this section;	84368

(c) Record the name and address of the person whose	84369
certificate of registration and license plates have been impounded	84370
or are under an order of impoundment, or whose license has been	84371
suspended or is under an order of suspension; the serial number of	84372
the person's license; the serial numbers of the person's	84373
certificate of registration and license plates; and the person's	84374
social security account number, if assigned, or, where the motor	84375
vehicle is used for hire or principally in connection with any	84376
established business, the person's federal taxpayer identification	84377
number. The information shall be recorded in such a manner that it	84378
becomes a part of the person's permanent record, and assists the	84379
registrar in monitoring compliance with the orders of suspension	84380
or impoundment.	84381

(d) Send written notification to every person to whom the	84382
order pertains, at the person's last known address as shown on the	84383
records of the bureau. The person, within ten days after the date	84384
of the mailing of the notification, shall surrender to the	84385
registrar, in a manner set forth in division (A)(4) of this	84386
section, any certificate of registration and registration plates	84387
under an order of impoundment, or any license under an order of	84388
suspension.	84389

(2) The registrar shall issue any order under division (B)(1)	84390
of this section without a hearing. Any person adversely affected	84391
by the order, within ten days after the issuance of the order, may	84392
request an administrative hearing before the registrar, who shall	84393
provide the person with an opportunity for a hearing in accordance	84394
with this paragraph. A request for a hearing does not operate as a	84395
suspension of the order. The scope of the hearing shall be limited	84396
to whether the person in fact demonstrated to the registrar proof	84397
of financial responsibility in accordance with this section. The	84398
registrar shall determine the date, time, and place of any	84399
hearing, provided that the hearing shall be held, and an order	84400
issued or findings made, within thirty days after the registrar	84401
receives a request for a hearing. If requested by the person in	84402
writing, the registrar may designate as the place of hearing the	84403
county seat of the county in which the person resides or a place	84404
within fifty miles of the person's residence. The person shall pay	84405
the cost of the hearing before the registrar, if the registrar's	84406
order of suspension or impoundment is upheld.	84407

(C) Any order of suspension or impoundment issued under this	84408
section or division (B) of section 4509.37 of the Revised Code may	84409
be terminated at any time if the registrar determines upon a	84410
showing of proof of financial responsibility that the operator or	84411
owner of the motor vehicle was in compliance with division (A)(1)	84412
of this section at the time of the traffic offense, motor vehicle	84413
inspection, or accident that resulted in the order against the	84414
person. A determination may be made without a hearing. This	84415
division does not apply unless the person shows good cause for the	84416
person's failure to present satisfactory proof of financial	84417
responsibility to the registrar prior to the issuance of the	84418
order.	84419

(D)(1) For the purpose of enforcing this section, every peace	84420
officer is deemed an agent of the registrar.	84421

(a) Except as provided in division (D)(1)(b) of this section,	84422
any peace officer who, in the performance of the peace officer's	84423
duties as authorized by law, becomes aware of a person whose	84424
license is under an order of suspension, or whose certificate of	84425
registration and license plates are under an order of impoundment,	84426
pursuant to this section, may confiscate the license, certificate	84427
of registration, and license plates, and return them to the	84428
registrar.	84429

(b) Any peace officer who, in the performance of the peace	84430
officer's duties as authorized by law, becomes aware of a person	84431
whose license is under an order of suspension, or whose	84432
certificate of registration and license plates are under an order	84433
of impoundment resulting from failure to respond to a financial	84434
responsibility random verification, shall not, for that reason,	84435
arrest the owner or operator or seize the vehicle or license	84436
plates. Instead, the peace officer shall issue a citation for a	84437
violation of section 4510.16 of the Revised Code specifying the	84438
circumstances as failure to respond to a financial responsibility	84439
random verification.	84440

(2) A peace officer shall request the owner or operator of a	84441
motor vehicle to produce proof of financial responsibility in a	84442
manner described in division (G) of this section at the time the	84443
peace officer acts to enforce the traffic laws of this state and	84444
during motor vehicle inspections conducted pursuant to section	84445
4513.02 of the Revised Code.	84446

(3) A peace officer shall indicate on every traffic ticket	84447
whether the person receiving the traffic ticket produced proof of	84448
the maintenance of financial responsibility in response to the	84449
officer's request under division (D)(2) of this section. The	84450
peace officer shall inform every person who receives a traffic	84451
ticket and who has failed to produce proof of the maintenance of	84452
financial responsibility that the person must submit proof to the	84453
traffic violations bureau with any payment of a fine and costs for	84454
the ticketed violation or, if the person is to appear in court for	84455
the violation, the person must submit proof to the court.	84456

(4)(a) If a person who has failed to produce proof of the	84457
maintenance of financial responsibility appears in court for a	84458
ticketed violation, the court may permit the defendant to present	84459
evidence of proof of financial responsibility to the court at such	84460
time and in such manner as the court determines to be necessary or	84461
appropriate. In a manner prescribed by the registrar, the clerk of	84462
courts shall provide the registrar with the identity of any person	84463
who fails to submit proof of the maintenance of financial	84464
responsibility pursuant to division (D)(3) of this section.	84465

(b) If a person who has failed to produce proof of the	84466
maintenance of financial responsibility also fails to submit that	84467
proof to the traffic violations bureau with payment of a fine and	84468
costs for the ticketed violation, the traffic violations bureau,	84469
in a manner prescribed by the registrar, shall notify the	84470
registrar of the identity of that person.	84471

(5)(a) Upon receiving notice from a clerk of courts or	84472
traffic violations bureau pursuant to division (D)(4) of this	84473
section, the registrar shall order the suspension of the license	84474
of the person required under division (A)(2)(a), (b), or (c) of	84475
this section and the impoundment of the person's certificate of	84476
registration and license plates required under division (A)(2)(d)	84477
of this section, effective thirty days after the date of the	84478
mailing of notification. The registrar also shall notify the	84479
person that the person must present the registrar with proof of	84480
financial responsibility in accordance with this section,	84481
surrender to the registrar the person's certificate of	84482
registration, license plates, and license, or submit a statement	84483
subject to section 2921.13 of the Revised Code that the person did	84484
not operate or permit the operation of the motor vehicle at the	84485
time of the offense. Notification shall be in writing and shall	84486
be sent to the person at the person's last known address as shown	84487
on the records of the bureau of motor vehicles. The person, within	84488
fifteen days after the date of the mailing of notification, shall	84489
present proof of financial responsibility, surrender the	84490
certificate of registration, license plates, and license to the	84491
registrar in a manner set forth in division (A)(4) of this	84492
section, or submit the statement required under this section	84493
together with other information the person considers appropriate.	84494

If the registrar does not receive proof or the person does	84495
not surrender the certificate of registration, license plates, and	84496
license, in accordance with this division, the registrar shall	84497
permit the order for the suspension of the license of the person	84498
and the impoundment of the person's certificate of registration	84499
and license plates to take effect.	84500

(b) In the case of a person who presents, within the	84501
fifteen-day period, documents to show proof of financial	84502
responsibility, the registrar shall terminate the order of	84503
suspension and the impoundment of the registration and license	84504
plates required under division (A)(2)(d) of this section and shall	84505
send written notification to the person, at the person's last	84506
known address as shown on the records of the bureau.	84507

(c) Any person adversely affected by the order of the	84508
registrar under division (D)(5)(a) or (b) of this section, within	84509
ten days after the issuance of the order, may request an	84510
administrative hearing before the registrar, who shall provide the	84511
person with an opportunity for a hearing in accordance with this	84512
paragraph. A request for a hearing does not operate as a	84513
suspension of the order. The scope of the hearing shall be limited	84514
to whether, at the time of the hearing, the person presents proof	84515
of financial responsibility covering the vehicle and whether the	84516
person is eligible for an exemption in accordance with this	84517
section or any rule adopted under it. The registrar shall	84518
determine the date, time, and place of any hearing; provided, that	84519
the hearing shall be held, and an order issued or findings made,	84520
within thirty days after the registrar receives a request for a	84521
hearing. If requested by the person in writing, the registrar may	84522
designate as the place of hearing the county seat of the county in	84523
which the person resides or a place within fifty miles of the	84524
person's residence. Such person shall pay the cost of the hearing	84525
before the registrar, if the registrar's order of suspension or	84526
impoundment under division (D)(5)(a) or (b) of this section is	84527
upheld.	84528

(6) A peace officer may charge an owner or operator of a	84529
motor vehicle with a violation of section 4510.16 of the Revised	84530
Code when the owner or operator fails to show proof of the	84531
maintenance of financial responsibility pursuant to a peace	84532
officer's request under division (D)(2) of this section, if a	84533
check of the owner or operator's driving record indicates that the	84534
owner or operator, at the time of the operation of the motor	84535
vehicle, is required to file and maintain proof of financial	84536
responsibility under section 4509.45 of the Revised Code for a	84537
previous violation of this chapter.	84538

(7) Any forms used by law enforcement agencies in	84539
administering this section shall be prescribed, supplied, and paid	84540
for by the registrar.	84541

(8) No peace officer, law enforcement agency employing a	84542
peace officer, or political subdivision or governmental agency	84543
that employs a peace officer shall be liable in a civil action for	84544
damages or loss to persons arising out of the performance of any	84545
duty required or authorized by this section.	84546

(9) As used in this division and divisions (E) and (G) of	84547
this section, "peace officer" has the meaning set forth in section	84548
2935.01 of the Revised Code.	84549

(E) All fees, except court costs and those portions of the	84550
financial responsibility reinstatement fees as otherwise specified	84551
in this division, collected under this section shall be paid into	84552
the state treasury to the credit of the financial responsibility	84553
compliance fund. The financial responsibility compliance fund	84554
shall be used exclusively to cover costs incurred by the bureau in	84555
the administration of this section and sections 4503.20, 4507.212,	84556
and 4509.81 of the Revised Code, and by any law enforcement agency	84557
employing any peace officer who returns any license, certificate	84558
of registration, and license plates to the registrar pursuant to	84559
division (C) of this section, except that the director of budget	84560
and management may transfer excess money from the financial	84561
responsibility compliance fund to the state bureau of motor	84562
vehicles fund if the registrar determines that the amount of money	84563
in the financial responsibility compliance fund exceeds the amount	84564
required to cover such costs incurred by the bureau or a law	84565
enforcement agency and requests the director to make the transfer.	84566

Of each financial responsibility reinstatement fee the	84567
registrar collects pursuant to division (A)(5)(a) of this section,	84568
the registrar shall deposit twenty-five dollars of each	84569
one-hundred-dollar reinstatement fee, fifty dollars of each	84570
three-hundred-dollar reinstatement fee, and one hundred dollars of	84571
each six-hundred-dollar reinstatement fee into the state treasury	84572
to the credit of the indigent defense support fund created by	84573
section 120.08 of the Revised Code.	84574

All investment earnings of the financial responsibility	84575
compliance fund shall be credited to the fund.	84576

(F) Chapter 119. of the Revised Code applies to this section	84577
only to the extent that any provision in that chapter is not	84578
clearly inconsistent with this section.	84579

(G)(1) The registrar, court, traffic violations bureau, or	84580
peace officer may require proof of financial responsibility to be	84581
demonstrated by use of a standard form prescribed by the	84582
registrar. If the use of a standard form is not required, a person	84583
may demonstrate proof of financial responsibility under this	84584
section by presenting to the traffic violations bureau, court,	84585
registrar, or peace officer any of the following documents or a	84586
copy of the documents:	84587

(a) A financial responsibility identification card as	84588
provided in section 4509.103 of the Revised Code;	84589

(b) A certificate of proof of financial responsibility on a	84590
form provided and approved by the registrar for the filing of an	84591
accident report required to be filed under section 4509.06 of the	84592
Revised Code;	84593

(c) A policy of liability insurance, a declaration page of a	84594
policy of liability insurance, or liability bond, if the policy or	84595
bond complies with section 4509.20 or sections 4509.49 to 4509.61	84596
of the Revised Code;	84597

(d) A bond or certification of the issuance of a bond as	84598
provided in section 4509.59 of the Revised Code;	84599

(e) A certificate of deposit of money or securities as	84600
provided in section 4509.62 of the Revised Code;	84601

(f) A certificate of self-insurance as provided in section	84602
4509.72 of the Revised Code.	84603

(2) If a person fails to demonstrate proof of financial	84604
responsibility in a manner described in division (G)(1) of this	84605
section, the person may demonstrate proof of financial	84606
responsibility under this section by any other method that the	84607
court or the bureau, by reason of circumstances in a particular	84608
case, may consider appropriate.	84609

(3) A motor carrier certificated by the interstate commerce	84610
commission or by the public utilities commission may demonstrate	84611
proof of financial responsibility by providing a statement	84612
designating the motor carrier's operating authority and averring	84613
that the insurance coverage required by the certificating	84614
authority is in full force and effect.	84615

(4)(a) A finding by the registrar or court that a person is	84616
covered by proof of financial responsibility in the form of an	84617
insurance policy or surety bond is not binding upon the named	84618
insurer or surety or any of its officers, employees, agents, or	84619
representatives and has no legal effect except for the purpose of	84620
administering this section.	84621

(b) The preparation and delivery of a financial	84622
responsibility identification card or any other document	84623
authorized to be used as proof of financial responsibility under	84624
this division does not do any of the following:	84625

(i) Create any liability or estoppel against an insurer or	84626
surety, or any of its officers, employees, agents, or	84627
representatives;	84628

(ii) Constitute an admission of the existence of, or of any	84629
liability or coverage under, any policy or bond;	84630

(iii) Waive any defenses or counterclaims available to an	84631
insurer, surety, agent, employee, or representative in an action	84632
commenced by an insured or third-party claimant upon a cause of	84633
action alleged to have arisen under an insurance policy or surety	84634
bond or by reason of the preparation and delivery of a document	84635
for use as proof of financial responsibility.	84636

(c) Whenever it is determined by a final judgment in a	84637
judicial proceeding that an insurer or surety, which has been	84638
named on a document accepted by a court or the registrar as proof	84639
of financial responsibility covering the operation of a motor	84640
vehicle at the time of an accident or offense, is not liable to	84641
pay a judgment for injuries or damages resulting from such	84642
operation, the registrar, notwithstanding any previous contrary	84643
finding, shall forthwith suspend the operating privileges and	84644
registration rights of the person against whom the judgment was	84645
rendered as provided in division (A)(2) of this section.	84646

(H) In order for any document described in division (G)(1)(b)	84647
of this section to be used for the demonstration of proof of	84648
financial responsibility under this section, the document shall	84649
state the name of the insured or obligor, the name of the insurer	84650
or surety company, and the effective and expiration dates of the	84651
financial responsibility, and designate by explicit description or	84652
by appropriate reference all motor vehicles covered which may	84653
include a reference to fleet insurance coverage.	84654

(I) For purposes of this section, "owner" does not include a	84655
licensed motor vehicle leasing dealer as defined in section	84656
4517.01 of the Revised Code, but does include a motor vehicle	84657
renting dealer as defined in section 4549.65 of the Revised Code.	84658
Nothing in this section or in section 4509.51 of the Revised Code	84659
shall be construed to prohibit a motor vehicle renting dealer from	84660
entering into a contractual agreement with a person whereby the	84661
person renting the motor vehicle agrees to be solely responsible	84662
for maintaining proof of financial responsibility, in accordance	84663
with this section, with respect to the operation, maintenance, or	84664
use of the motor vehicle during the period of the motor vehicle's	84665
rental.	84666

(J) The purpose of this section is to require the maintenance	84667
of proof of financial responsibility with respect to the operation	84668
of motor vehicles on the highways of this state, so as to minimize	84669
those situations in which persons are not compensated for injuries	84670
and damages sustained in motor vehicle accidents. The general	84671
assembly finds that this section contains reasonable civil	84672
penalties and procedures for achieving this purpose.	84673

(K) Nothing in this section shall be construed to be subject	84674
to section 4509.78 of the Revised Code.	84675

(L)(1) The registrar may terminate any suspension imposed	84676
under this section and not require the owner to comply with	84677
divisions (A)(5)(a), (b), and (c) of this section if the registrar	84678
with or without a hearing determines that the owner of the vehicle	84679
has established by clear and convincing evidence that all of the	84680
following apply:	84681

(a) The owner customarily maintains proof of financial	84682
responsibility.	84683

(b) Proof of financial responsibility was not in effect for	84684
the vehicle on the date in question for one of the following	84685
reasons:	84686

(i) The vehicle was inoperable.

84687

(ii) The vehicle is operated only seasonally, and the date in	84688
question was outside the season of operation.	84689

(iii) A person other than the vehicle owner or driver was at	84690
fault for the lapse of proof of financial responsibility through	84691
no fault of the owner or driver.	84692

(iv) The lapse of proof of financial responsibility was	84693
caused by excusable neglect under circumstances that are not	84694
likely to recur and do not suggest a purpose to evade the	84695
requirements of this chapter.	84696

(2) The registrar may grant an owner or driver relief for a	84697
reason specified in division (L)(1)(b)(i) or (ii) of this section	84698
whenever the owner or driver is randomly selected to verify the	84699
existence of proof of financial responsibility for such a vehicle.	84700
However, the registrar may grant an owner or driver relief for a	84701
reason specified in division (L)(1)(b)(iii) or (iv) of this	84702
section only if the owner or driver has not previously been	84703
granted relief under division (L)(1)(b)(iii) or (iv) of this	84704
section.	84705

(M) The registrar shall adopt rules in accordance with	84706
Chapter 119. of the Revised Code that are necessary to administer	84707
and enforce this section. The rules shall include procedures for	84708
the surrender of license plates upon failure to maintain proof of	84709
financial responsibility and provisions relating to reinstatement	84710
of registration rights, acceptable forms of proof of financial	84711
responsibility, and verification of the existence of financial	84712
responsibility during the period of registration.	84713

Sec. 4510.22. (A) If a person who has a current valid Ohio	84714
driver's, commercial driver's license, or temporary instruction	84715
permit is charged with a violation of any provision in sections	84716
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	84717
4549.65 of the Revised Code that is classified as a misdemeanor of	84718
the first, second, third, or fourth degree or with a violation of	84719
any substantially equivalent municipal ordinance and if the person	84720
either fails to appear in court at the required time and place to	84721
answer the charge or pleads guilty to or is found guilty of the	84722
violation and fails within the time allowed by the court to pay	84723
the fine imposed by the court, the court shall declare the	84724
forfeiture of the person's license. Thirty days after the	84725
declaration of forfeiture, the court shall inform the registrar of	84726
motor vehicles of the forfeiture by entering information relative	84727
to the of forfeiture on a form approved and furnished by the	84728
registrar and sending the form to the registrar. The court also	84729
shall forward the person's license, if it is in the possession of	84730
the court, to the registrar.	84731

The registrar shall impose a class F suspension of the	84732
person's driver's or commercial driver's license, or temporary	84733
instruction permit for the period of time specified in division	84734
(B)(6) of section 4510.02 of the Revised Code on any person who is	84735
named in a declaration received by the registrar under this	84736
section. The registrar shall send written notification of the	84737
suspension to the person at the person's last known address and,	84738
if the person is in possession of the license, order the person to	84739
surrender the person's license or permit to the registrar within	84740
forty-eight hours.	84741

No valid driver's or commercial driver's license shall be	84742
granted to the person after the suspension, unless the court	84743
having jurisdiction of the offense that led to the suspension	84744
orders that the forfeiture be terminated. The court shall order	84745
the termination of the forfeiture if the person thereafter appears	84746
to answer the charge and pays any fine imposed by the court or	84747
pays the fine originally imposed by the court. The court shall	84748
inform the registrar of the termination of the forfeiture by	84749
entering information relative to the termination on a form	84750
approved and furnished by the registrar and sending the form to	84751
the registrar. The person shall pay to the bureau of motor	84752
vehicles a ~~fifteen-dollar~~twenty-five-dollar reinstatement fee to	84753
~~cover the costs of the bureau in administering this section~~. The	84754
registrar shall deposit fifteen dollars of the fee into the state	84755
treasury to the credit of the state bureau of motor vehicles fund	84756
created by section 4501.25 of the Revised Code to cover the costs	84757
of the bureau in administering this section and shall deposit ten	84758
dollars of the fee into the state treasury to the credit of the	84759
indigent defense support fund created by section 120.08 of the	84760
Revised Code.	84761

(B) In addition to suspending the driver's or commercial	84762
driver's license or permit of the person named in a declaration of	84763
forfeiture, the registrar, upon receipt from the court of the copy	84764
of the declaration of forfeiture, shall take any measures that may	84765
be necessary to ensure that neither the registrar nor any deputy	84766
registrar accepts any application for the registration or transfer	84767
of registration of any motor vehicle owned or leased by the person	84768
named in the declaration of forfeiture. However, for a motor	84769
vehicle leased by a person named in a declaration of forfeiture,	84770
the registrar shall not implement the preceding sentence until the	84771
registrar adopts procedures for that implementation under section	84772
4503.39 of the Revised Code. The period of denial of registration	84773
or transfer shall continue until such time as the court having	84774
jurisdiction of the offense that led to the suspension orders the	84775
forfeiture be terminated. Upon receipt by the registrar of an	84776
order terminating the forfeiture, the registrar also shall take	84777
any measures that may be necessary to permit the person to	84778
register a motor vehicle owned or leased by the person or to	84779
transfer the registration of such a motor vehicle, if the person	84780
later makes application to take such action and otherwise is	84781
eligible to register the motor vehicle or to transfer its	84782
registration.	84783

The registrar shall not be required to give effect to any	84784
declaration of forfeiture or order terminating a forfeiture	84785
provided by a court under this section unless the information	84786
contained in the declaration or order is transmitted to the	84787
registrar by means of an electronic transfer system. The registrar	84788
shall not restore the person's driving or vehicle registration	84789
privileges until the person pays the reinstatement fee as provided	84790
in this section.	84791

The period of denial relating to the issuance or transfer of	84792
a certificate of registration for a motor vehicle imposed pursuant	84793
to this division remains in effect until the person pays any fine	84794
imposed by the court relative to the offense.	84795

Sec. 4511.191. (A)(1) As used in this section:

84796

(a) "Physical control" has the same meaning as in section	84797
4511.194 of the Revised Code.	84798

(b) "Alcohol monitoring device" means any device that	84799
provides for continuous alcohol monitoring, any ignition interlock	84800
device, any immobilizing or disabling device other than an	84801
ignition interlock device that is constantly available to monitor	84802
the concentration of alcohol in a person's system, or any other	84803
device that provides for the automatic testing and periodic	84804
reporting of alcohol consumption by a person and that a court	84805
orders a person to use as a sanction imposed as a result of the	84806
person's conviction of or plea of guilty to an offense.	84807

(2) Any person who operates a vehicle, streetcar, or	84808
trackless trolley upon a highway or any public or private property	84809
used by the public for vehicular travel or parking within this	84810
state or who is in physical control of a vehicle, streetcar, or	84811
trackless trolley shall be deemed to have given consent to a	84812
chemical test or tests of the person's whole blood, blood serum or	84813
plasma, breath, or urine to determine the alcohol, drug of abuse,	84814
controlled substance, metabolite of a controlled substance, or	84815
combination content of the person's whole blood, blood serum or	84816
plasma, breath, or urine if arrested for a violation of division	84817
(A) or (B) of section 4511.19 of the Revised Code, section	84818
4511.194 of the Revised Code or a substantially equivalent	84819
municipal ordinance, or a municipal OVI ordinance.	84820

(3) The chemical test or tests under division (A)(2) of this	84821
section shall be administered at the request of a law enforcement	84822
officer having reasonable grounds to believe the person was	84823
operating or in physical control of a vehicle, streetcar, or	84824
trackless trolley in violation of a division, section, or	84825
ordinance identified in division (A)(2) of this section. The law	84826
enforcement agency by which the officer is employed shall	84827
designate which of the tests shall be administered.	84828

(4) Any person who is dead or unconscious, or who otherwise	84829
is in a condition rendering the person incapable of refusal, shall	84830
be deemed to have consented as provided in division (A)(2) of this	84831
section, and the test or tests may be administered, subject to	84832
sections 313.12 to 313.16 of the Revised Code.	84833

(5)(a) If a law enforcement officer arrests a person for a	84834
violation of division (A) or (B) of section 4511.19 of the Revised	84835
Code, section 4511.194 of the Revised Code or a substantially	84836
equivalent municipal ordinance, or a municipal OVI ordinance and	84837
if the person if convicted would be required to be sentenced under	84838
division (G)(1)(c), (d), or (e) of section 4511.19 of the	84839
Revised Code, the law enforcement officer shall request the	84840
person to submit, and the person shall submit, to a chemical	84841
test or tests of the person's whole blood, blood serum or	84842
plasma, breath, or urine for the purpose of determining the	84843
alcohol, drug of abuse, controlled substance, metabolite of a	84844
controlled substance, or combination content of the person's	84845
whole blood, blood serum or plasma, breath, or urine. A law	84846
enforcement officer who makes a request pursuant to this	84847
division that a person submit to a chemical test or tests is not	84848
required to advise the person of the consequences of submitting	84849
to, or refusing to submit to, the test or tests and is not	84850
required to give the person the form described in division (B) of	84851
section 4511.192 of the Revised Code, but the officer shall	84852
advise the person at the time of the arrest that if the person	84853
refuses to take a chemical test the officer may employ whatever	84854
reasonable means are necessary to ensure that the person submits	84855
to a chemical test of the person's whole blood or blood serum or	84856
plasma. The officer shall also advise the person at the time of	84857
the arrest that the person may have an independent chemical test	84858
taken at the person's own expense. Divisions (A)(3) and (4) of	84859
this section apply to the administration of a chemical test or	84860
tests pursuant to this division.	84861

(b) If a person refuses to submit to a chemical test upon a	84862
request made pursuant to division (A)(5)(a) of this section, the	84863
law enforcement officer who made the request may employ whatever	84864
reasonable means are necessary to ensure that the person submits	84865
to a chemical test of the person's whole blood or blood serum or	84866
plasma. A law enforcement officer who acts pursuant to this	84867
division to ensure that a person submits to a chemical test of the	84868
person's whole blood or blood serum or plasma is immune from	84869
criminal and civil liability based upon a claim for assault and	84870
battery or any other claim for the acts, unless the officer so	84871
acted with malicious purpose, in bad faith, or in a wanton or	84872
reckless manner.	84873

(B)(1) Upon receipt of the sworn report of a law enforcement	84874
officer who arrested a person for a violation of division (A) or	84875
(B) of section 4511.19 of the Revised Code, section 4511.194 of	84876
the Revised Code or a substantially equivalent municipal	84877
ordinance, or a municipal OVI ordinance that was completed and	84878
sent to the registrar and a court pursuant to section 4511.192 of	84879
the Revised Code in regard to a person who refused to take the	84880
designated chemical test, the registrar shall enter into the	84881
registrar's records the fact that the person's driver's or	84882
commercial driver's license or permit or nonresident operating	84883
privilege was suspended by the arresting officer under this	84884
division and that section and the period of the suspension, as	84885
determined under this section. The suspension shall be subject to	84886
appeal as provided in section 4511.197 of the Revised Code. The	84887
suspension shall be for whichever of the following periods	84888
applies:	84889

(a) Except when division (B)(1)(b), (c), or (d) of this	84890
section applies and specifies a different class or length of	84891
suspension, the suspension shall be a class C suspension for the	84892
period of time specified in division (B)(3) of section 4510.02 of	84893
the Revised Code.	84894

(b) If the arrested person, within six years of the date on	84895
which the person refused the request to consent to the chemical	84896
test, had refused one previous request to consent to a chemical	84897
test or had been convicted of or pleaded guilty to one violation	84898
of division (A) or (B) of section 4511.19 of the Revised Code or	84899
one other equivalent offense, the suspension shall be a class B	84900
suspension imposed for the period of time specified in division	84901
(B)(2) of section 4510.02 of the Revised Code.	84902

(c) If the arrested person, within six years of the date on	84903
which the person refused the request to consent to the chemical	84904
test, had refused two previous requests to consent to a chemical	84905
test, had been convicted of or pleaded guilty to two violations of	84906
division (A) or (B) of section 4511.19 of the Revised Code or	84907
other equivalent offenses, or had refused one previous request to	84908
consent to a chemical test and also had been convicted of or	84909
pleaded guilty to one violation of division (A) or (B) of section	84910
4511.19 of the Revised Code or other equivalent offenses, which	84911
violation or offense arose from an incident other than the	84912
incident that led to the refusal, the suspension shall be a class	84913
A suspension imposed for the period of time specified in division	84914
(B)(1) of section 4510.02 of the Revised Code.	84915

(d) If the arrested person, within six years of the date on	84916
which the person refused the request to consent to the chemical	84917
test, had refused three or more previous requests to consent to a	84918
chemical test, had been convicted of or pleaded guilty to three or	84919
more violations of division (A) or (B) of section 4511.19 of the	84920
Revised Code or other equivalent offenses, or had refused a number	84921
of previous requests to consent to a chemical test and also had	84922
been convicted of or pleaded guilty to a number of violations of	84923
division (A) or (B) of section 4511.19 of the Revised Code or	84924
other equivalent offenses that cumulatively total three or more	84925
such refusals, convictions, and guilty pleas, the suspension shall	84926
be for five years.	84927

(2) The registrar shall terminate a suspension of the	84928
driver's or commercial driver's license or permit of a resident or	84929
of the operating privilege of a nonresident, or a denial of a	84930
driver's or commercial driver's license or permit, imposed	84931
pursuant to division (B)(1) of this section upon receipt of notice	84932
that the person has entered a plea of guilty to, or that the	84933
person has been convicted after entering a plea of no contest to,	84934
operating a vehicle in violation of section 4511.19 of the Revised	84935
Code or in violation of a municipal OVI ordinance, if the offense	84936
for which the conviction is had or the plea is entered arose from	84937
the same incident that led to the suspension or denial.	84938

The registrar shall credit against any judicial suspension of	84939
a person's driver's or commercial driver's license or permit or	84940
nonresident operating privilege imposed pursuant to section	84941
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	84942
Revised Code for a violation of a municipal OVI ordinance, any	84943
time during which the person serves a related suspension imposed	84944
pursuant to division (B)(1) of this section.	84945

(C)(1) Upon receipt of the sworn report of the law	84946
enforcement officer who arrested a person for a violation of	84947
division (A) or (B) of section 4511.19 of the Revised Code or a	84948
municipal OVI ordinance that was completed and sent to the	84949
registrar and a court pursuant to section 4511.192 of the Revised	84950
Code in regard to a person whose test results indicate that the	84951
person's whole blood, blood serum or plasma, breath, or urine	84952
contained at least the concentration of alcohol specified in	84953
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	84954
Revised Code or at least the concentration of a listed controlled	84955
substance or a listed metabolite of a controlled substance	84956
specified in division (A)(1)(j) of section 4511.19 of the Revised	84957
Code, the registrar shall enter into the registrar's records the	84958
fact that the person's driver's or commercial driver's license or	84959
permit or nonresident operating privilege was suspended by the	84960
arresting officer under this division and section 4511.192 of the	84961
Revised Code and the period of the suspension, as determined under	84962
divisions (C)(1)(a) to (d) of this section. The suspension shall	84963
be subject to appeal as provided in section 4511.197 of the	84964
Revised Code. The suspension described in this division does not	84965
apply to, and shall not be imposed upon, a person arrested for a	84966
violation of section 4511.194 of the Revised Code or a	84967
substantially equivalent municipal ordinance who submits to a	84968
designated chemical test. The suspension shall be for whichever of	84969
the following periods applies:	84970

(a) Except when division (C)(1)(b), (c), or (d) of this	84971
section applies and specifies a different period, the suspension	84972
shall be a class E suspension imposed for the period of time	84973
specified in division (B)(5) of section 4510.02 of the Revised	84974
Code.	84975

(b) The suspension shall be a class C suspension for the	84976
period of time specified in division (B)(3) of section 4510.02 of	84977
the Revised Code if the person has been convicted of or pleaded	84978
guilty to, within six years of the date the test was conducted,	84979
one violation of division (A) or (B) of section 4511.19 of the	84980
Revised Code or one other equivalent offense.	84981

(c) If, within six years of the date the test was conducted,	84982
the person has been convicted of or pleaded guilty to two	84983
violations of a statute or ordinance described in division	84984
(C)(1)(b) of this section, the suspension shall be a class B	84985
suspension imposed for the period of time specified in division	84986
(B)(2) of section 4510.02 of the Revised Code.	84987

(d) If, within six years of the date the test was conducted,	84988
the person has been convicted of or pleaded guilty to more than	84989
two violations of a statute or ordinance described in division	84990
(C)(1)(b) of this section, the suspension shall be a class A	84991
suspension imposed for the period of time specified in division	84992
(B)(1) of section 4510.02 of the Revised Code.	84993

(2) The registrar shall terminate a suspension of the	84994
driver's or commercial driver's license or permit of a resident or	84995
of the operating privilege of a nonresident, or a denial of a	84996
driver's or commercial driver's license or permit, imposed	84997
pursuant to division (C)(1) of this section upon receipt of notice	84998
that the person has entered a plea of guilty to, or that the	84999
person has been convicted after entering a plea of no contest to,	85000
operating a vehicle in violation of section 4511.19 of the Revised	85001
Code or in violation of a municipal OVI ordinance, if the offense	85002
for which the conviction is had or the plea is entered arose from	85003
the same incident that led to the suspension or denial.	85004

The registrar shall credit against any judicial suspension of	85005
a person's driver's or commercial driver's license or permit or	85006
nonresident operating privilege imposed pursuant to section	85007
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	85008
Revised Code for a violation of a municipal OVI ordinance, any	85009
time during which the person serves a related suspension imposed	85010
pursuant to division (C)(1) of this section.	85011

(D)(1) A suspension of a person's driver's or commercial	85012
driver's license or permit or nonresident operating privilege	85013
under this section for the time described in division (B) or (C)	85014
of this section is effective immediately from the time at which	85015
the arresting officer serves the notice of suspension upon the	85016
arrested person. Any subsequent finding that the person is not	85017
guilty of the charge that resulted in the person being requested	85018
to take the chemical test or tests under division (A) of this	85019
section does not affect the suspension.	85020

(2) If a person is arrested for operating a vehicle,	85021
streetcar, or trackless trolley in violation of division (A) or	85022
(B) of section 4511.19 of the Revised Code or a municipal OVI	85023
ordinance, or for being in physical control of a vehicle,	85024
streetcar, or trackless trolley in violation of section 4511.194	85025
of the Revised Code or a substantially equivalent municipal	85026
ordinance, regardless of whether the person's driver's or	85027
commercial driver's license or permit or nonresident operating	85028
privilege is or is not suspended under division (B) or (C) of this	85029
section or Chapter 4510. of the Revised Code, the person's initial	85030
appearance on the charge resulting from the arrest shall be held	85031
within five days of the person's arrest or the issuance of the	85032
citation to the person, subject to any continuance granted by the	85033
court pursuant to section 4511.197 of the Revised Code regarding	85034
the issues specified in that division.	85035

(E) When it finally has been determined under the procedures	85036
of this section and sections 4511.192 to 4511.197 of the Revised	85037
Code that a nonresident's privilege to operate a vehicle within	85038
this state has been suspended, the registrar shall give	85039
information in writing of the action taken to the motor vehicle	85040
administrator of the state of the person's residence and of any	85041
state in which the person has a license.	85042

(F) At the end of a suspension period under this section,	85043
under section 4511.194, section 4511.196, or division (G) of	85044
section 4511.19 of the Revised Code, or under section 4510.07 of	85045
the Revised Code for a violation of a municipal OVI ordinance and	85046
upon the request of the person whose driver's or commercial	85047
driver's license or permit was suspended and who is not otherwise	85048
subject to suspension, cancellation, or disqualification, the	85049
registrar shall return the driver's or commercial driver's license	85050
or permit to the person upon the occurrence of all of the	85051
conditions specified in divisions (F)(1) and (2) of this section:	85052

(1) A showing that the person has proof of financial	85053
responsibility, a policy of liability insurance in effect that	85054
meets the minimum standards set forth in section 4509.51 of the	85055
Revised Code, or proof, to the satisfaction of the registrar, that	85056
the person is able to respond in damages in an amount at least	85057
equal to the minimum amounts specified in section 4509.51 of the	85058
Revised Code.	85059

(2) Subject to the limitation contained in division (F)(3) of	85060
this section, payment by the person to the bureau of motor	85061
vehicles of a license reinstatement fee of four hundred	85062
seventy-five dollars, which fee shall be deposited in the state	85063
treasury and credited as follows:	85064

(a) One hundred twelve dollars and fifty cents shall be	85065
credited to the statewide treatment and prevention fund created by	85066
section 4301.30 of the Revised Code. The fund shall be used to	85067
pay the costs of driver treatment and intervention programs	85068
operated pursuant to sections 3793.02 and 3793.10 of the Revised	85069
Code. The director of alcohol and drug addiction services shall	85070
determine the share of the fund that is to be allocated to alcohol	85071
and drug addiction programs authorized by section 3793.02 of the	85072
Revised Code, and the share of the fund that is to be allocated to	85073
drivers' intervention programs authorized by section 3793.10 of	85074
the Revised Code.	85075

(b) Seventy-five dollars shall be credited to the reparations	85076
fund created by section 2743.191 of the Revised Code.	85077

(c) Thirty-seven dollars and fifty cents shall be credited to	85078
the indigent drivers alcohol treatment fund, which is hereby	85079
established in the state treasury. Except as otherwise provided in	85080
division (F)(2)(c) of this section, moneys in the fund shall be	85081
distributed by the department of alcohol and drug addiction	85082
services to the county indigent drivers alcohol treatment funds,	85083
the county juvenile indigent drivers alcohol treatment funds, and	85084
the municipal indigent drivers alcohol treatment funds that are	85085
required to be established by counties and municipal corporations	85086
pursuant to division (H) of this section, and shall be used only	85087
to pay the cost of an alcohol and drug addiction treatment	85088
program attended by an offender or juvenile traffic offender who	85089
is ordered to attend an alcohol and drug addiction treatment	85090
program by a county, juvenile, or municipal court judge and who	85091
is determined by the county, juvenile, or municipal court judge	85092
not to have the means to pay for the person's attendance at the	85093
program or to pay the costs specified in division (H)(4) of this	85094
section in accordance with that division. In addition, a county,	85095
juvenile, or municipal court judge may use moneys in the county	85096
indigent drivers alcohol treatment fund, county juvenile	85097
indigent drivers alcohol treatment fund, or municipal indigent	85098
drivers alcohol treatment fund to pay for the cost of the	85099
continued use of an alcohol monitoring device as described in	85100
divisions (H)(3) and (4) of this section. Moneys in the fund	85101
that are not distributed to a county indigent drivers alcohol	85102
treatment fund, a county juvenile indigent drivers alcohol	85103
treatment fund, or a municipal indigent drivers alcohol treatment	85104
fund under division (H) of this section because the director of	85105
alcohol and drug addiction services does not have the information	85106
necessary to identify the county or municipal corporation where	85107
the offender or juvenile offender was arrested may be transferred	85108
by the director of budget and management to the statewide	85109
treatment and prevention fund created by section 4301.30 of the	85110
Revised Code, upon certification of the amount by the director of	85111
alcohol and drug addiction services.	85112

(d) Seventy-five dollars shall be credited to the Ohio	85113
rehabilitation services commission established by section 3304.12	85114
of the Revised Code, to the services for rehabilitation fund,	85115
which is hereby established. The fund shall be used to match	85116
available federal matching funds where appropriate, and for any	85117
other purpose or program of the commission to rehabilitate people	85118
with disabilities to help them become employed and independent.	85119

(e) Seventy-five dollars shall be deposited into the state	85120
treasury and credited to the drug abuse resistance education	85121
programs fund, which is hereby established, to be used by the	85122
attorney general for the purposes specified in division (F)(4) of	85123
this section.	85124

(f) Thirty dollars shall be credited to the state bureau of	85125
motor vehicles fund created by section 4501.25 of the Revised	85126
Code.	85127

(g) Twenty dollars shall be credited to the trauma and	85128
emergency medical services grants fund created by section 4513.263	85129
of the Revised Code.	85130

(h) Fifty dollars shall be credited to the indigent drivers	85131
interlock and alcohol monitoring fund, which is hereby established	85132
in the state treasury. Monies in the fund shall be distributed by	85133
the department of public safety to the county indigent drivers	85134
interlock and alcohol monitoring funds, the county juvenile	85135
indigent drivers interlock and alcohol monitoring funds, and the	85136
municipal indigent drivers interlock and alcohol monitoring funds	85137
that are required to be established by counties and municipal	85138
corporations pursuant to this section, and shall be used only to	85139
pay the cost of an immobilizing or disabling device, including a	85140
certified ignition interlock device, or an alcohol monitoring	85141
device used by an offender or juvenile offender who is ordered to	85142
use the device by a county, juvenile, or municipal court judge and	85143
who is determined by the county, juvenile, or municipal court	85144
judge not to have the means to pay for the person's use of the	85145
device.	85146

(3) If a person's driver's or commercial driver's license or	85147
permit is suspended under this section, under section 4511.196 or	85148
division (G) of section 4511.19 of the Revised Code, under section	85149
4510.07 of the Revised Code for a violation of a municipal OVI	85150
ordinance or under any combination of the suspensions described in	85151
division (F)(3) of this section, and if the suspensions arise from	85152
a single incident or a single set of facts and circumstances, the	85153
person is liable for payment of, and shall be required to pay to	85154
the bureau, only one reinstatement fee of four hundred twenty-five	85155
dollars. The reinstatement fee shall be distributed by the bureau	85156
in accordance with division (F)(2) of this section.	85157

(4) The attorney general shall use amounts in the drug abuse	85158
resistance education programs fund to award grants to law	85159
enforcement agencies to establish and implement drug abuse	85160
resistance education programs in public schools. Grants awarded to	85161
a law enforcement agency under this section shall be used by the	85162
agency to pay for not more than fifty per cent of the amount of	85163
the salaries of law enforcement officers who conduct drug abuse	85164
resistance education programs in public schools. The attorney	85165
general shall not use more than six per cent of the amounts the	85166
attorney general's office receives under division (F)(2)(e) of	85167
this section to pay the costs it incurs in administering the grant	85168
program established by division (F)(2)(e) of this section and in	85169
providing training and materials relating to drug abuse resistance	85170
education programs.	85171

The attorney general shall report to the governor and the	85172
general assembly each fiscal year on the progress made in	85173
establishing and implementing drug abuse resistance education	85174
programs. These reports shall include an evaluation of the	85175
effectiveness of these programs.	85176

(G) Suspension of a commercial driver's license under	85177
division (B) or (C) of this section shall be concurrent with any	85178
period of disqualification under section 3123.611 or 4506.16 of	85179
the Revised Code or any period of suspension under section 3123.58	85180
of the Revised Code. No person who is disqualified for life from	85181
holding a commercial driver's license under section 4506.16 of the	85182
Revised Code shall be issued a driver's license under Chapter	85183
4507. of the Revised Code during the period for which the	85184
commercial driver's license was suspended under division (B) or	85185
(C) of this section. No person whose commercial driver's license	85186
is suspended under division (B) or (C) of this section shall be	85187
issued a driver's license under Chapter 4507. of the Revised Code	85188
during the period of the suspension.	85189

(H)(1) Each county shall establish an indigent drivers	85190
alcohol treatment fund, each county shall establish a juvenile	85191
indigent drivers alcohol treatment fund, and each municipal	85192
corporation in which there is a municipal court shall establish	85193
an indigent drivers alcohol treatment fund. All revenue that the	85194
general assembly appropriates to the indigent drivers alcohol	85195
treatment fund for transfer to a county indigent drivers alcohol	85196
treatment fund, a county juvenile indigent drivers alcohol	85197
treatment fund, or a municipal indigent drivers alcohol treatment	85198
fund, all portions of fees that are paid under division (F) of	85199
this section and that are credited under that division to the	85200
indigent drivers alcohol treatment fund in the state treasury	85201
for a county indigent drivers alcohol treatment fund, a county	85202
juvenile indigent drivers alcohol treatment fund, or a municipal	85203
indigent drivers alcohol treatment fund, all portions of	85204
additional costs imposed under section 2949.094 of the Revised	85205
Code that are specified for deposit into a county, county	85206
juvenile, or municipal indigent drivers alcohol treatment fund	85207
by that section, and all portions of fines that are specified	85208
for deposit into a county or municipal indigent drivers alcohol	85209
treatment fund by section 4511.193 of the Revised Code shall be	85210
deposited into that county indigent drivers alcohol treatment	85211
fund, county juvenile indigent drivers alcohol treatment fund, or	85212
municipal indigent drivers alcohol treatment fund. The portions	85213
of the fees paid under division (F) of this section that are to	85214
be so deposited shall be determined in accordance with	85215
division (H)(2) of this section. Additionally, all portions of	85216
fines that are paid for a violation of section 4511.19 of the	85217
Revised Code or of any prohibition contained in Chapter 4510. of	85218
the Revised Code, and that are required under section 4511.19 or	85219
any provision of Chapter 4510. of the Revised Code to be	85220
deposited into a county indigent drivers alcohol treatment fund	85221
or municipal indigent drivers alcohol treatment fund shall be	85222
deposited into the appropriate fund in accordance with the	85223
applicable division of the section or provision.	85224

(2) That portion of the license reinstatement fee that is	85225
paid under division (F) of this section and that is credited under	85226
that division to the indigent drivers alcohol treatment fund	85227
shall be deposited into a county indigent drivers alcohol	85228
treatment fund, a county juvenile indigent drivers alcohol	85229
treatment fund, or a municipal indigent drivers alcohol treatment	85230
fund as follows:	85231

(a) Regarding a suspension imposed under this section, that	85232
portion of the fee shall be deposited as follows:	85233

(i) If the fee is paid by a person who was charged in a	85234
county court with the violation that resulted in the suspension	85235
or in the imposition of the court costs, the portion shall be	85236
deposited into the county indigent drivers alcohol treatment fund	85237
under the control of that court;	85238

(ii) If the fee is paid by a person who was charged in a	85239
juvenile court with the violation that resulted in the suspension	85240
or in the imposition of the court costs, the portion shall be	85241
deposited into the county juvenile indigent drivers alcohol	85242
treatment fund established in the county served by the court;	85243

(iii) If the fee is paid by a person who was charged in a	85244
municipal court with the violation that resulted in the	85245
suspension or in the imposition of the court costs, the portion	85246
shall be deposited into the municipal indigent drivers alcohol	85247
treatment fund under the control of that court.	85248

(b) Regarding a suspension imposed under section 4511.19 of	85249
the Revised Code or under section 4510.07 of the Revised Code for	85250
a violation of a municipal OVI ordinance, that portion of the fee	85251
shall be deposited as follows:	85252

(i) If the fee is paid by a person whose license or permit	85253
was suspended by a county court, the portion shall be deposited	85254
into the county indigent drivers alcohol treatment fund under the	85255
control of that court;	85256

(ii) If the fee is paid by a person whose license or permit	85257
was suspended by a municipal court, the portion shall be deposited	85258
into the municipal indigent drivers alcohol treatment fund under	85259
the control of that court.	85260

(3) Expenditures from a county indigent drivers alcohol	85261
treatment fund, a county juvenile indigent drivers alcohol	85262
treatment fund, or a municipal indigent drivers alcohol treatment	85263
fund shall be made only upon the order of a county, juvenile, or	85264
municipal court judge and only for payment of the cost of an	85265
assessment or the cost of the attendance at an alcohol and drug	85266
addiction treatment program of a person who is convicted of, or	85267
found to be a juvenile traffic offender by reason of, a violation	85268
of division (A) of section 4511.19 of the Revised Code or a	85269
substantially similar municipal ordinance, who is ordered by the	85270
court to attend the alcohol and drug addiction treatment program,	85271
and who is determined by the court to be unable to pay the cost	85272
of the assessment or the cost of attendance at the treatment	85273
program or for payment of the costs specified in division (H)(4)	85274
of this section in accordance with that division. The alcohol	85275
and drug addiction services board or the board of alcohol, drug	85276
addiction, and mental health services established pursuant to	85277
section 340.02 or 340.021 of the Revised Code and serving the	85278
alcohol, drug addiction, and mental health service district in	85279
which the court is located shall administer the indigent drivers	85280
alcohol treatment program of the court. When a court orders an	85281
offender or juvenile traffic offender to obtain an assessment or	85282
attend an alcohol and drug addiction treatment program, the board	85283
shall determine which program is suitable to meet the needs of the	85284
offender or juvenile traffic offender, and when a suitable program	85285
is located and space is available at the program, the offender or	85286
juvenile traffic offender shall attend the program designated by	85287
the board. A reasonable amount not to exceed five per cent of the	85288
amounts credited to and deposited into the county indigent	85289
drivers alcohol treatment fund, the county juvenile indigent	85290
drivers alcohol treatment fund, or the municipal indigent drivers	85291
alcohol treatment fund serving every court whose program is	85292
administered by that board shall be paid to the board to cover	85293
the costs it incurs in administering those indigent drivers	85294
alcohol treatment programs.	85295

In addition, upon exhaustion of moneys in the indigent	85296
drivers interlock and alcohol monitoring fund for the use of an	85297
alcohol monitoring device, a county, juvenile, or municipal court	85298
judge may use moneys in the county indigent drivers alcohol	85299
treatment fund, county juvenile indigent drivers alcohol	85300
treatment fund, or municipal indigent drivers alcohol treatment	85301
fund in the following manners:	85302

(a) If the source of the moneys was an appropriation of the	85303
general assembly, a portion of a fee that was paid under division	85304
(F) of this section, a portion of a fine that was specified for	85305
deposit into the fund by section 4511.193 of the Revised Code, or	85306
a portion of a fine that was paid for a violation of section	85307
4511.19 of the Revised Code or of a provision contained in Chapter	85308
4510. of the Revised Code that was required to be deposited into	85309
the fund, to pay for the continued use of an alcohol monitoring	85310
device by an offender or juvenile traffic offender, in	85311
conjunction with a treatment program approved by the department	85312
of alcohol and drug addiction services, when such use is	85313
determined clinically necessary by the treatment program and	85314
when the court determines that the offender or juvenile traffic	85315
offender is unable to pay all or part of the daily monitoring or	85316
cost of the device;	85317

(b) If the source of the moneys was a portion of an	85318
additional court cost imposed under section 2949.094 of the	85319
Revised Code, to pay for the continued use of an alcohol	85320
monitoring device by an offender or juvenile traffic offender	85321
when the court determines that the offender or juvenile traffic	85322
offender is unable to pay all or part of the daily monitoring or	85323
cost of the device. The moneys may be used for a device as	85324
described in this division if the use of the device is in	85325
conjunction with a treatment program approved by the department	85326
of alcohol and drug addiction services, when the use of the device	85327
is determined clinically necessary by the treatment program, but	85328
the use of a device is not required to be in conjunction with a	85329
treatment program approved by the department in order for the	85330
moneys to be used for the device as described in this division.	85331

(4) If a county, juvenile, or municipal court determines, in	85332
consultation with the alcohol and drug addiction services board	85333
or the board of alcohol, drug addiction, and mental health	85334
services established pursuant to section 340.02 or 340.021 of the	85335
Revised Code and serving the alcohol, drug addiction, and mental	85336
health district in which the court is located, that the funds in	85337
the county indigent drivers alcohol treatment fund, the county	85338
juvenile indigent drivers alcohol treatment fund, or the	85339
municipal indigent drivers alcohol treatment fund under the	85340
control of the court are more than sufficient to satisfy the	85341
purpose for which the fund was established, as specified in	85342
divisions (H)(1) to (3) of this section, the court may declare a	85343
surplus in the fund. If the court declares a surplus in the	85344
fund, the court may expend the amount of the surplus in the fund	85345
for:	85346

(a) Alcohol and drug abuse assessment and treatment of	85347
persons who are charged in the court with committing a criminal	85348
offense or with being a delinquent child or juvenile traffic	85349
offender and in relation to whom both of the following apply:	85350

(i) The court determines that substance abuse was a	85351
contributing factor leading to the criminal or delinquent activity	85352
or the juvenile traffic offense with which the person is charged.	85353

(ii) The court determines that the person is unable to pay	85354
the cost of the alcohol and drug abuse assessment and treatment	85355
for which the surplus money will be used.	85356

(b) All or part of the cost of purchasing alcohol monitoring	85357
devices to be used in conjunction with division (H)(3) of this	85358
section, upon exhaustion of moneys in the indigent drivers	85359
interlock and alcohol monitoring fund for the use of an alcohol	85360
monitoring device.	85361

(5) For the purpose of determining as described in division	85362
(F)(2)(c) of this section whether an offender does not have the	85363
means to pay for the offender's attendance at an alcohol and drug	85364
addiction treatment program or whether an alleged offender or	85365
delinquent child is unable to pay the costs specified in division	85366
(H)(4) of this section, the court shall use the indigent client	85367
eligibility guidelines and the standards of indigency established	85368
by the state public defender to make the determination.	85369

(6) The court shall identify and refer any alcohol and drug	85370
addiction program that is not certified under section 3793.06 of	85371
the Revised Code and that is interested in receiving amounts from	85372
the surplus in the fund declared under division (H)(4) of this	85373
section to the department of alcohol and drug addiction services	85374
in order for the program to become a certified alcohol and drug	85375
addiction program. The department shall keep a record of	85376
applicant referrals received pursuant to this division and shall	85377
submit a report on the referrals each year to the general	85378
assembly. If a program interested in becoming certified makes an	85379
application to become certified pursuant to section 3793.06 of	85380
the Revised Code, the program is eligible to receive surplus	85381
funds as long as the application is pending with the department.	85382
The department of alcohol and drug addiction services must offer	85383
technical assistance to the applicant. If the interested program	85384
withdraws the certification application, the department must	85385
notify the court, and the court shall not provide the interested	85386
program with any further surplus funds.	85387

(7)(a) Each alcohol and drug addiction services board and	85388
board of alcohol, drug addiction, and mental health services	85389
established pursuant to section 340.02 or 340.021 of the Revised	85390
Code shall submit to the department of alcohol and drug addiction	85391
services an annual report for each indigent drivers alcohol	85392
treatment fund in that board's area.	85393

(b) The report, which shall be submitted not later than sixty	85394
days after the end of the state fiscal year, shall provide the	85395
total payment that was made from the fund, including the number of	85396
indigent consumers that received treatment services and the number	85397
of indigent consumers that received an alcohol monitoring device.	85398
The report shall identify the treatment program and expenditure	85399
for an alcohol monitoring device for which that payment was made.	85400
The report shall include the fiscal year balance of each indigent	85401
drivers alcohol treatment fund located in that board's area. In	85402
the event that a surplus is declared in the fund pursuant to	85403
division (H)(4) of this section, the report also shall provide the	85404
total payment that was made from the surplus moneys and identify	85405
the treatment program and expenditure for an alcohol monitoring	85406
device for which that payment was made. The department may require	85407
additional information necessary to complete the comprehensive	85408
statewide alcohol and drug addiction services plan as required by	85409
section 3793.04 of the Revised Code.	85410

(c) If a board is unable to obtain adequate information to	85411
develop the report to submit to the department for a particular	85412
indigent drivers alcohol treatment fund, the board shall submit a	85413
report detailing the effort made in obtaining the information.	85414

(I)(1) Each county shall establish an indigent drivers	85415
interlock and alcohol monitoring fund and a juvenile indigent	85416
drivers interlock and alcohol treatment fund, and each municipal	85417
corporation in which there is a municipal court shall establish an	85418
indigent drivers interlock and alcohol monitoring fund. All	85419
revenue that the general assembly appropriates to the indigent	85420
drivers interlock and alcohol monitoring fund for transfer to a	85421
county indigent drivers interlock and alcohol monitoring fund, a	85422
county juvenile indigent drivers interlock and alcohol monitoring	85423
fund, or a municipal indigent drivers interlock and alcohol	85424
monitoring fund, all portions of license reinstatement fees that	85425
are paid under division (F)(2) of this section and that are	85426
credited under that division to the indigent drivers interlock and	85427
alcohol monitoring fund in the state treasury, and all portions of	85428
fines that are paid under division (G) of section 4511.19 of the	85429
Revised Code and that are credited by division (G)(5)(e) of that	85430
section to the indigent drivers interlock and alcohol monitoring	85431
fund in the state treasury shall be deposited in the appropriate	85432
fund in accordance with division (I)(2) of this section.	85433

(2) That portion of the license reinstatement fee that is	85434
paid under division (F) of this section and that portion of the	85435
fine paid under division (G) of section 4511.19 of the Revised	85436
Code and that is credited under either division to the indigent	85437
drivers interlock and alcohol monitoring fund shall be deposited	85438
into a county indigent drivers interlock and alcohol monitoring	85439
fund, a county juvenile indigent drivers interlock and alcohol	85440
monitoring fund, or a municipal indigent drivers interlock and	85441
alcohol monitoring fund as follows:	85442

(a) If the fee or fine is paid by a person who was charged in	85443
a county court with the violation that resulted in the suspension	85444
or fine, the portion shall be deposited into the county indigent	85445
drivers interlock and alcohol monitoring fund under the control of	85446
that court.	85447

(b) If the fee or fine is paid by a person who was charged in	85448
a juvenile court with the violation that resulted in the	85449
suspension or fine, the portion shall be deposited into the county	85450
juvenile indigent drivers interlock and alcohol monitoring fund	85451
established in the county served by the court.	85452

(c) If the fee or fine is paid by a person who was charged in	85453
a municipal court with the violation that resulted in the	85454
suspension, the portion shall be deposited into the municipal	85455
indigent drivers interlock and alcohol monitoring fund under the	85456
control of that court.	85457

Sec. 4511.81. (A) When any child who is in either or both of	85458
the following categories is being transported in a motor vehicle,	85459
other than a taxicab or public safety vehicle as defined in	85460
section 4511.01 of the Revised Code, that is required by the	85461
United States department of transportation to be equipped with	85462
seat belts at the time of manufacture or assembly, the operator of	85463
the motor vehicle shall have the child properly secured in	85464
accordance with the manufacturer's instructions in a child	85465
restraint system that meets federal motor vehicle safety	85466
standards:	85467

(1) A child who is less than four years of age;

85468

(2) A child who weighs less than forty pounds.

85469

(B) When any child who is in either or both of the following	85470
categories is being transported in a motor vehicle, other than a	85471
taxicab, that is owned, leased, or otherwise under the control of	85472
a nursery school or day-care center, the operator of the motor	85473
vehicle shall have the child properly secured in accordance with	85474
the manufacturer's instructions in a child restraint system that	85475
meets federal motor vehicle safety standards:	85476

(1) A child who is less than four years of age;

85477

(2) A child who weighs less than forty pounds.

85478

(C) When any child who is less than eight years of age and	85479
less than four feet nine inches in height, who is not required by	85480
division (A) or (B) of this section to be secured in a child	85481
restraint system, is being transported in a motor vehicle, other	85482
than a taxicab or public safety vehicle as defined in section	85483
4511.01 of the Revised Code or a vehicle that is regulated under	85484
section 5104.011 of the Revised Code, that is required by the	85485
United States department of transportation to be equipped with	85486
seat belts at the time of manufacture or assembly, the operator	85487
of the motor vehicle shall have the child properly secured in	85488
accordance with the manufacturer's instructions on a booster	85489
seat that meets federal motor vehicle safety standards.	85490

(D) When any child who is at least eight years of age but	85491
not older than fifteen years of age, and who is not otherwise	85492
required by division (A), (B), or (C) of this section to be	85493
secured in a child restraint system or booster seat, is being	85494
transported in a motor vehicle, other than a taxicab or public	85495
safety vehicle as defined in section 4511.01 of the Revised	85496
Code, that is required by the United States department of	85497
transportation to be equipped with seat belts at the time of	85498
manufacture or assembly, the operator of the motor vehicle shall	85499
have the child properly restrained either in accordance with the	85500
manufacturer's instructions in a child restraint system or	85501
booster seat that meets federal motor vehicle safety standards	85502
or in an occupant restraining device as defined in section	85503
4513.263 of the Revised Code.	85504

(E) Notwithstanding any provision of law to the contrary, no	85505
law enforcement officer shall cause an operator of a motor	85506
vehicle being operated on any street or highway to stop the motor	85507
vehicle for the sole purpose of determining whether a violation	85508
of division (C) or (D) of this section has been or is being	85509
committed or for the sole purpose of issuing a ticket, citation,	85510
or summons for a violation of division (C) or (D) of this	85511
section or causing the arrest of or commencing a prosecution of	85512
a person for a violation of division (C) or (D) of this section,	85513
and absent another violation of law, a law enforcement	85514
officer's view of the interior or visual inspection of a motor	85515
vehicle being operated on any street or highway may not be used	85516
for the purpose of determining whether a violation of division	85517
(C) or (D) of this section has been or is being committed.	85518

(F) The director of public safety shall adopt such rules as	85519
are necessary to carry out this section.	85520

(G) The failure of an operator of a motor vehicle to secure a	85521
child in a child restraint system, a booster seat, or an occupant	85522
restraining device as required by this section is not negligence	85523
imputable to the child,and is not admissible as evidence in any	85524
civil action involving the rights of the child against any other	85525
person allegedly liable for injuries to the child~~, is not to be~~	85526
~~used as a basis for a criminal prosecution of the operator of~~	85527
~~the motor vehicle other than a prosecution for a violation of this~~	85528
~~section, and is not admissible as evidence in any criminal action~~	85529
~~involving the operator of the motor vehicle other than a~~	85530
~~prosecution for a violation of this section~~.	85531

(H) This section does not apply when an emergency exists that	85532
threatens the life of any person operating or occupying a motor	85533
vehicle that is being used to transport a child who otherwise	85534
would be required to be restrained under this section. This	85535
section does not apply to a person operating a motor vehicle	85536
who has an affidavit signed by a physician licensed to practice	85537
in this state under Chapter 4731. of the Revised Code or a	85538
chiropractor licensed to practice in this state under Chapter	85539
4734. of the Revised Code that states that the child who	85540
otherwise would be required to be restrained under this section	85541
has a physical impairment that makes use of a child restraint	85542
system, booster seat, or an occupant restraining device	85543
impossible or impractical, provided that the person operating the	85544
vehicle has safely and appropriately restrained the child in	85545
accordance with any recommendations of the physician or	85546
chiropractor as noted on the affidavit.	85547

(I) There is hereby created in the state treasury the child	85548
highway safety fund, consisting of fines imposed pursuant to	85549
division ~~(K)~~(L)(1) of this section for violations of divisions	85550
(A), (B), (C), and (D) of this section. The money in the fund	85551
shall be used by the department of health ~~only to defray the~~	85552
~~cost of designating hospitals as pediatric trauma centers under~~	85553
~~section 3727.081 of the Revised Code and~~ to establish and	85554
administer a child highway safety program. The purpose of the	85555
program shall be to educate the public about child restraint	85556
systems and booster seats and the importance of their proper	85557
use. The program also shall include a process for providing	85558
child restraint systems and booster seats to persons who meet the	85559
eligibility criteria established by the department, and a	85560
toll-free telephone number the public may utilize to obtain	85561
information about child restraint systems and booster seats, and	85562
their proper use.	85563

(J) The director of health, in accordance with Chapter 119.	85564
of the Revised Code, shall adopt any rules necessary to carry out	85565
this section, including rules establishing the criteria a person	85566
must meet in order to receive a child restraint system or booster	85567
seat under the department's child highway safety program;	85568
~~provided that rules relating to the verification of pediatric~~	85569
~~trauma centers shall not be adopted under this section~~.	85570

(K) Nothing in this section shall be construed to require	85571
any person to carry with the person the birth certificate of a	85572
child to prove the age of the child, but the production of a valid	85573
birth certificate for a child showing that the child was not of an	85574
age to which this section applies is a defense against any ticket,	85575
citation, or summons issued for violating this section.	85576

(L)(1) Whoever violates division (A), (B), (C), or (D) of	85577
this section shall be punished as follows, provided that the	85578
failure of an operator of a motor vehicle to secure more than one	85579
child in a child restraint system, booster seat, or occupant	85580
restraining device as required by this section that occurred at	85581
the same time, on the same day, and at the same location is deemed	85582
to be a single violation of this section:	85583

(a) Except as otherwise provided in division (L)(1)(b) of	85584
this section, the offender is guilty of a minor misdemeanor and	85585
shall be fined not less than ~~twenty-five~~fifty dollars nor more	85586
than seventy-five dollars for a first offense.	85587

(b) If the offender previously has been convicted of or	85588
pleaded guilty to a violation of division (A), (B), (C), or (D)	85589
of this section or of a municipal ordinance that is substantially	85590
similar to any of those divisions, the offender is guilty of a	85591
misdemeanor of the fourth degree and shall be fined not less than	85592
one hundred dollars.	85593

(2) ~~All fines~~For every fine imposed pursuant to division	85594
(L)(1) of this section not less than fifty dollars shall be	85595
forwarded to the treasurer of state for deposit in the child	85596
highway safety fund created by division (I) of this section.	85597

Sec. 4513.021. (A) As used in this section:

85598

(1) "Passenger car" means any motor vehicle with motive	85599
power, designed for carrying ten persons or less, except a	85600
multipurpose passenger vehicle or motorcycle.	85601

(2) "Multipurpose passenger vehicle" means a motor vehicle	85602
with motive power, except a motorcycle, designed to carry ten	85603
persons or less, that is constructed either on a truck chassis or	85604
with special features for occasional off-road operation.	85605

(3) "Truck" means every motor vehicle, except trailers and	85606
semitrailers, designed and used to carry property and having a	85607
gross vehicle weight rating of ten thousand pounds or less.	85608

(4) "Manufacturer" has the same meaning as in section 4501.01	85609
of the Revised Code.	85610

(5) "Gross vehicle weight rating" means the manufacturer's	85611
gross vehicle weight rating established for that vehicle.	85612

(B) The director of public safety, in accordance with Chapter	85613
119. of the Revised Code, shall adopt rules in conformance with	85614
standards of the vehicle equipment safety commission, that shall	85615
govern the maximum bumper height or, in the absence of bumpers and	85616
in cases where bumper heights have been lowered or modified, the	85617
maximum height to the bottom of the frame rail, of any passenger	85618
car, multipurpose passenger vehicle, or truck.	85619

(C) No person shall operate upon a street or highway any	85620
passenger car, multipurpose passenger vehicle, or truck registered	85621
in this state that does not conform to the requirements of this	85622
section or to any applicable rule adopted pursuant to this	85623
section.	85624

(D) No person shall modify any motor vehicle registered in	85625
this state in such a manner as to cause the vehicle body or	85626
chassis to come in contact with the ground, expose the fuel tank	85627
to damage from collision, or cause the wheels to come in contact	85628
with the body under normal operation, and no person shall	85629
disconnect any part of the original suspension system of the	85630
vehicle to defeat the safe operation of that system.	85631

(E) Nothing contained in this section or in the rules adopted	85632
pursuant to this section shall be construed to prohibit either of	85633
the following:	85634

(1) The installation upon a passenger car, multipurpose	85635
passenger vehicle, or truck registered in this state of heavy duty	85636
equipment, including shock absorbers and overload springs;	85637

(2) The operation on a street or highway of a passenger car,	85638
multipurpose passenger vehicle, or truck registered in this state	85639
with normal wear to the suspension system if the normal wear does	85640
not adversely affect the control of the vehicle.	85641

(F) This section and the rules adopted pursuant to it do not	85642
apply to any specially designed or modified passenger car,	85643
multipurpose passenger vehicle, or truck when operated off a	85644
street or highway in races and similar events.	85645

(G) ~~Except as otherwise provided in this division, whoever~~	85646
Whoever violates this section is guilty of a minor misdemeanor. If	85647
~~the offender previously has been convicted of a violation of this~~	85648
~~section, whoever violates this section is guilty of a misdemeanor~~	85649
~~of the third degree.~~	85650

Sec. 4513.03. (A) Every vehicle upon a street or highway	85651
within this state during the time from sunset to sunrise, and at	85652
any other time when there are unfavorable atmospheric conditions	85653
or when there is not sufficient natural light to render	85654
discernible persons, vehicles, and substantial objects on the	85655
highway at a distance of one thousand feet ahead, shall display	85656
lighted lights and illuminating devices as required by sections	85657
4513.04 to 4513.37 of the Revised Code, for different classes of	85658
vehicles; except that every motorized bicycle shall display at	85659
such times lighted lights meeting the rules adopted by the	85660
director of public safety under section 4511.521 of the Revised	85661
Code. No motor vehicle, during such times, shall be operated upon	85662
a street or highway within this state using only parking lights as	85663
illumination.	85664

Whenever in such sections a requirement is declared as to the	85665
distance from which certain lamps and devices shall render objects	85666
visible, or within which such lamps or devices shall be visible,	85667
such distance shall be measured upon a straight level unlighted	85668
highway under normal atmospheric conditions unless a different	85669
condition is expressly stated.	85670

Whenever in such sections a requirement is declared as to the	85671
mounted height of lights or devices, it shall mean from the center	85672
of such light or device to the level ground upon which the vehicle	85673
stands.	85674

(B) Whoever violates this section ~~shall be punished as~~	85675
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85676
minor misdemeanor.	85677

Sec. 4513.04. (A) Every motor vehicle, other than a	85678
motorcycle, and every trackless trolley shall be equipped with at	85679
least two headlights with at least one near each side of the front	85680
of the motor vehicle or trackless trolley.	85681

Every motorcycle shall be equipped with at least one and not	85682
more than two headlights.	85683

(B) Whoever violates this section ~~shall be punished as~~	85684
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85685
minor misdemeanor.	85686

Sec. 4513.05. (A) Every motor vehicle, trackless trolley,	85687
trailer, semitrailer, pole trailer, or vehicle which is being	85688
drawn at the end of a train of vehicles shall be equipped with at	85689
least one tail light mounted on the rear which, when lighted,	85690
shall emit a red light visible from a distance of five hundred	85691
feet to the rear, provided that in the case of a train of vehicles	85692
only the tail light on the rearmost vehicle need be visible from	85693
the distance specified.	85694

Either a tail light or a separate light shall be so	85695
constructed and placed as to illuminate with a white light the	85696
rear registration plate, when such registration plate is required,	85697
and render it legible from a distance of fifty feet to the rear.	85698
Any tail light, together with any separate light for illuminating	85699
the rear registration plate, shall be so wired as to be lighted	85700
whenever the headlights or auxiliary driving lights are lighted,	85701
except where separate lighting systems are provided for trailers	85702
for the purpose of illuminating such registration plate.	85703

(B) Whoever violates this section ~~shall be punished as~~	85704
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85705
minor misdemeanor.	85706

Sec. 4513.06. (A) Every new motor vehicle sold after	85707
September 6, 1941, and operated on a highway, other than a	85708
commercial tractor, to which a trailer or semitrailer is attached	85709
shall carry at the rear, either as a part of the tail lamps or	85710
separately, two red reflectors meeting the requirements of this	85711
section, except that vehicles of the type mentioned in section	85712
4513.07 of the Revised Code shall be equipped with reflectors as	85713
required by the regulations provided for in said section.	85714

Every such reflector shall be of such size and	85715
characteristics and so maintained as to be visible at night from	85716
all distances within three hundred feet to fifty feet from such	85717
vehicle.	85718

(B) Whoever violates this section ~~shall be punished as~~	85719
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85720
minor misdemeanor.	85721

Sec. 4513.07. (A) The director of public safety shall	85722
prescribe and promulgate regulations relating to clearance lights,	85723
marker lights, reflectors, and stop lights on buses, trackless	85724
trolleys, trucks, commercial tractors, trailers, semitrailers, and	85725
pole trailers, when operated upon any highway, and such vehicles	85726
shall be equipped as required by such regulations, and such	85727
equipment shall be lighted at all times mentioned in section	85728
4513.03 of the Revised Code, except that clearance lights and side	85729
marker lights need not be lighted on any such vehicle when it is	85730
operated within a municipal corporation where there is sufficient	85731
light to reveal any person or substantial object on the highway at	85732
a distance of five hundred feet.	85733

Such equipment shall be in addition to all other lights	85734
specifically required by sections 4513.03 to 4513.16 of the	85735
Revised Code.	85736

Vehicles operated under the jurisdiction of the public	85737
utilities commission are not subject to this section.	85738

(B) Whoever violates this section ~~shall be punished as~~	85739
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85740
minor misdemeanor.	85741

Sec. 4513.071. (A) Every motor vehicle, trailer,	85742
semitrailer, and pole trailer when operated upon a highway shall	85743
be equipped with two or more stop lights, except that passenger	85744
cars manufactured or assembled prior to January 1, 1967,	85745
motorcycles, and motor-driven cycles shall be equipped with at	85746
least one stop light. Stop lights shall be mounted on the rear of	85747
the vehicle, actuated upon application of the service brake, and	85748
may be incorporated with other rear lights. Such stop lights when	85749
actuated shall emit a red light visible from a distance of five	85750
hundred feet to the rear, provided that in the case of a train of	85751
vehicles only the stop lights on the rear-most vehicle need be	85752
visible from the distance specified.	85753

Such stop lights when actuated shall give a steady warning	85754
light to the rear of a vehicle or train of vehicles to indicate	85755
the intention of the operator to diminish the speed of or stop a	85756
vehicle or train of vehicles.	85757

When stop lights are used as required by this section, they	85758
shall be constructed or installed so as to provide adequate and	85759
reliable illumination and shall conform to the appropriate rules	85760
and regulations established under section 4513.19 of the Revised	85761
Code.	85762

Historical motor vehicles as defined in section 4503.181 of	85763
the Revised Code, not originally manufactured with stop lights,	85764
are not subject to this section.	85765

(B) Whoever violates this section ~~shall be punished as~~	85766
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85767
minor misdemeanor.	85768

Sec. 4513.09. (A) Whenever the load upon any vehicle extends	85769
to the rear four feet or more beyond the bed or body of such	85770
vehicle, there shall be displayed at the extreme rear end of the	85771
load, at the times specified in section 4513.03 of the Revised	85772
Code, a red light or lantern plainly visible from a distance of at	85773
least five hundred feet to the sides and rear. The red light or	85774
lantern required by this section is in addition to the red rear	85775
light required upon every vehicle. At any other time there shall	85776
be displayed at the extreme rear end of such load a red flag or	85777
cloth not less than sixteen inches square.	85778

(B) Whoever violates this section ~~shall be punished as~~	85779
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85780
minor misdemeanor.	85781

Sec. 4513.11. (A) All vehicles other than bicycles,	85782
including animal-drawn vehicles and vehicles referred to in	85783
division (G) of section 4513.02 of the Revised Code, not	85784
specifically required to be equipped with lamps or other lighting	85785
devices by sections 4513.03 to 4513.10 of the Revised Code, shall,	85786
at the times specified in section 4513.03 of the Revised Code, be	85787
equipped with at least one lamp displaying a white light visible	85788
from a distance of not less than one thousand feet to the front of	85789
the vehicle, and also shall be equipped with two lamps displaying	85790
red light visible from a distance of not less than one thousand	85791
feet to the rear of the vehicle, or as an alternative, one lamp	85792
displaying a red light visible from a distance of not less than	85793
one thousand feet to the rear and two red reflectors visible from	85794
all distances of six hundred feet to one hundred feet to the rear	85795
when illuminated by the lawful lower beams of headlamps.	85796

Lamps and reflectors required or authorized by this section	85797
shall meet standards adopted by the director of public safety.	85798

(B) All boat trailers, farm machinery, and other machinery,	85799
including all road construction machinery, upon a street or	85800
highway, except when being used in actual construction and	85801
maintenance work in an area guarded by a flagperson, or where	85802
flares are used, or when operating or traveling within the limits	85803
of a construction area designated by the director of	85804
transportation, a city engineer, or the county engineer of the	85805
several counties, when such construction area is marked in	85806
accordance with requirements of the director and the manual of	85807
uniform traffic control devices, as set forth in section 4511.09	85808
of the Revised Code, which is designed for operation at a speed of	85809
twenty-five miles per hour or less shall be operated at a speed	85810
not exceeding twenty-five miles per hour, and shall display a	85811
triangular slow-moving vehicle emblem (SMV). The emblem shall be	85812
mounted so as to be visible from a distance of not less than five	85813
hundred feet to the rear. The director of public safety shall	85814
adopt standards and specifications for the design and position of	85815
mounting the SMV emblem. The standards and specifications for SMV	85816
emblems referred to in this section shall correlate with and, so	85817
far as possible, conform with those approved by the American	85818
society of agricultural engineers.	85819

A unit of farm machinery that is designed by its manufacturer	85820
to operate at a speed greater than twenty-five miles per hour may	85821
be operated on a street or highway at a speed greater than	85822
twenty-five miles per hour provided it is operated in accordance	85823
with this section.	85824

As used in this division, "machinery" does not include any	85825
vehicle designed to be drawn by an animal.	85826

(C) The use of the SMV emblem shall be restricted to	85827
animal-drawn vehicles, and to the slow-moving vehicles specified	85828
in division (B) of this section operating or traveling within the	85829
limits of the highway. Its use on slow-moving vehicles being	85830
transported upon other types of vehicles or on any other type of	85831
vehicle or stationary object on the highway is prohibited.	85832

(D)(1) No person shall sell, lease, rent, or operate any boat	85833
trailer, farm machinery, or other machinery defined as a	85834
slow-moving vehicle in division (B) of this section, except those	85835
units designed to be completely mounted on a primary power unit,	85836
which is manufactured or assembled on or after April 1, 1966,	85837
unless the vehicle is equipped with a slow-moving vehicle emblem	85838
mounting device as specified in division (B) of this section.	85839

(2) No person shall sell, lease, rent, or operate on a street	85840
or highway any unit of farm machinery that is designed by its	85841
manufacturer to operate at a speed greater than twenty-five miles	85842
per hour unless the unit displays a slow-moving vehicle emblem as	85843
specified in division (B) of this section and a speed	85844
identification symbol that meets the specifications contained in	85845
the American society of agricultural engineers standard ANSI/ASAE	85846
S584 JAN2005, agricultural equipment: speed identification symbol	85847
(SIS).	85848

(E) Any boat trailer, farm machinery, or other machinery	85849
defined as a slow-moving vehicle in division (B) of this section,	85850
in addition to the use of the slow-moving vehicle emblem, and any	85851
unit of farm machinery that is designed by its manufacturer to	85852
operate at a speed greater than twenty-five miles per hour, in	85853
addition to the display of a speed identification symbol, may be	85854
equipped with a red flashing light that shall be visible from a	85855
distance of not less than one thousand feet to the rear at all	85856
times specified in section 4513.03 of the Revised Code. When a	85857
double-faced light is used, it shall display amber light to the	85858
front and red light to the rear.	85859

In addition to the lights described in this division, farm	85860
machinery and motor vehicles escorting farm machinery may display	85861
a flashing, oscillating, or rotating amber light, as permitted by	85862
section 4513.17 of the Revised Code, and also may display	85863
simultaneously flashing turn signals or warning lights, as	85864
permitted by that section.	85865

(F) Every animal-drawn vehicle upon a street or highway shall	85866
at all times be equipped in one of the following ways:	85867

(1) With a slow-moving vehicle emblem complying with division	85868
(B) of this section;	85869

(2) With alternate reflective material complying with rules	85870
adopted under this division;	85871

(3) With both a slow-moving vehicle emblem and alternate	85872
reflective material as specified in this division.	85873

The director of public safety, subject to Chapter 119. of the	85874
Revised Code, shall adopt rules establishing standards and	85875
specifications for the position of mounting of the alternate	85876
reflective material authorized by this division. The rules shall	85877
permit, as a minimum, the alternate reflective material to be	85878
black, gray, or silver in color. The alternate reflective material	85879
shall be mounted on the animal-drawn vehicle so as to be visible,	85880
at all times specified in section 4513.03 of the Revised Code,	85881
from a distance of not less than five hundred feet to the rear	85882
when illuminated by the lawful lower beams of headlamps.	85883

(G) Every unit of farm machinery that is designed by its	85884
manufacturer to operate at a speed greater than twenty-five miles	85885
per hour shall display a slow-moving vehicle emblem and a speed	85886
identification symbol that meets the specifications contained in	85887
the American society of agricultural engineers standard ANSI/ASAE	85888
S584 JAN2005, agricultural equipment: speed identification symbol	85889
(SIS) when the unit is operated upon a street or highway,	85890
irrespective of the speed at which the unit is operated on the	85891
street or highway. The speed identification symbol shall indicate	85892
the maximum speed in miles per hour at which the unit of farm	85893
machinery is designed by its manufacturer to operate. The display	85894
of the speed identification symbol shall be in accordance with the	85895
standard prescribed in this division.	85896

If an agricultural tractor that is designed by its	85897
manufacturer to operate at a speed greater than twenty-five miles	85898
per hour is being operated on a street or highway at a speed	85899
greater than twenty-five miles per hour and is towing, pulling, or	85900
otherwise drawing a unit of farm machinery, the unit of farm	85901
machinery shall display a slow-moving vehicle emblem and a speed	85902
identification symbol that is the same as the speed identification	85903
symbol that is displayed on the agricultural tractor.	85904

(H) When an agricultural tractor that is designed by its	85905
manufacturer to operate at a speed greater than twenty-five miles	85906
per hour is being operated on a street or highway at a speed	85907
greater than twenty-five miles per hour, the operator shall	85908
possess some documentation published or provided by the	85909
manufacturer indicating the maximum speed in miles per hour at	85910
which the manufacturer designed the agricultural tractor to	85911
operate.	85912

(I) Whoever violates this section ~~shall be punished as~~	85913
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85914
minor misdemeanor.	85915

(J) As used in this section, "boat trailer" means any vehicle	85916
designed and used exclusively to transport a boat between a place	85917
of storage and a marina, or in and around a marina, when drawn or	85918
towed on a street or highway for a distance of no more than ten	85919
miles and at a speed of twenty-five miles per hour or less.	85920

Sec. 4513.111. (A)(1) Every multi-wheel agricultural tractor	85921
whose model year was 2001 or earlier, when being operated or	85922
traveling on a street or highway at the times specified in section	85923
4513.03 of the Revised Code, at a minimum shall be equipped with	85924
and display reflectors and illuminated amber lamps so that the	85925
extreme left and right projections of the tractor are indicated by	85926
flashing lamps displaying amber light, visible to the front and	85927
the rear, by amber reflectors, all visible to the front, and by	85928
red reflectors, all visible to the rear.	85929

(2) The lamps displaying amber light need not flash	85930
simultaneously and need not flash in conjunction with any	85931
directional signals of the tractor.	85932

(3) The lamps and reflectors required by division (A)(1) of	85933
this section and their placement shall meet standards and	85934
specifications contained in rules adopted by the director of	85935
public safety in accordance with Chapter 119. of the Revised Code.	85936
The rules governing the amber lamps, amber reflectors, and red	85937
reflectors and their placement shall correlate with and, as far as	85938
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2	85939
respectively of the American society of agricultural engineers	85940
standard ANSI/ASAE S279.10 OCT98, lighting and marking of	85941
agricultural equipment on highways.	85942

(B) Every unit of farm machinery whose model year was 2002 or	85943
later, when being operated or traveling on a street or highway at	85944
the times specified in section 4513.03 of the Revised Code, shall	85945
be equipped with and display markings and illuminated lamps that	85946
meet or exceed the lighting, illumination, and marking standards	85947
and specifications that are applicable to that type of farm	85948
machinery for the unit's model year specified in the American	85949
society of agricultural engineers standard ANSI/ASAE S279.11	85950
APR01, lighting and marking of agricultural equipment on highways,	85951
or any subsequent revisions of that standard.	85952

(C) The lights and reflectors required by division (A) of	85953
this section are in addition to the slow-moving vehicle emblem and	85954
lights required or permitted by section 4513.11 or 4513.17 of the	85955
Revised Code to be displayed on farm machinery being operated or	85956
traveling on a street or highway.	85957

(D) No person shall operate any unit of farm machinery on a	85958
street or highway or cause any unit of farm machinery to travel on	85959
a street or highway in violation of division (A) or (B) of this	85960
section.	85961

(E) Whoever violates this section ~~shall be punished as~~	85962
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85963
minor misdemeanor.	85964

Sec. 4513.12. (A) Any motor vehicle may be equipped with not	85965
more than one spotlight and every lighted spotlight shall be so	85966
aimed and used upon approaching another vehicle that no part of	85967
the high-intensity portion of the beam will be directed to the	85968
left of the prolongation of the extreme left side of the vehicle,	85969
nor more than one hundred feet ahead of the vehicle.	85970

Any motor vehicle may be equipped with not more than three	85971
auxiliary driving lights mounted on the front of the vehicle. The	85972
director of public safety shall prescribe specifications for	85973
auxiliary driving lights and regulations for their use, and any	85974
such lights which do not conform to said specifications and	85975
regulations shall not be used.	85976

(B) Whoever violates this section ~~shall be punished as~~	85977
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85978
minor misdemeanor.	85979

Sec. 4513.13. (A) Any motor vehicle may be equipped with	85980
side cowl or fender lights which shall emit a white or amber light	85981
without glare.	85982

Any motor vehicle may be equipped with lights on each side	85983
thereof which shall emit a white or amber light without glare.	85984

Any motor vehicle may be equipped with back-up lights, either	85985
separately or in combination with another light. No back-up lights	85986
shall be continuously lighted when the motor vehicle is in forward	85987
motion.	85988

(B) Whoever violates this section ~~shall be punished as~~	85989
~~provided in section 4513.99 of the Revised Code~~is guilty of a	85990
minor misdemeanor.	85991

Sec. 4513.14. (A) At all times mentioned in section 4513.03	85992
of the Revised Code at least two lighted lights shall be	85993
displayed, one near each side of the front of every motor vehicle	85994
and trackless trolley, except when such vehicle or trackless	85995
trolley is parked subject to the regulations governing lights on	85996
parked vehicles and trackless trolleys.	85997

The director of public safety shall prescribe and promulgate	85998
regulations relating to the design and use of such lights and such	85999
regulations shall be in accordance with currently recognized	86000
standards.	86001

(B) Whoever violates this section ~~shall be punished as~~	86002
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86003
minor misdemeanor.	86004

Sec. 4513.15. (A) Whenever a motor vehicle is being operated	86005
on a roadway or shoulder adjacent thereto during the times	86006
specified in section 4513.03 of the Revised Code, the driver shall	86007
use a distribution of light, or composite beam, directed high	86008
enough and of sufficient intensity to reveal persons, vehicles,	86009
and substantial objects at a safe distance in advance of the	86010
vehicle, subject to the following requirements;	86011

(1) Whenever the driver of a vehicle approaches an oncoming	86012
vehicle, such driver shall use a distribution of light, or	86013
composite beam, so aimed that the glaring rays are not projected	86014
into the eyes of the oncoming driver.	86015

(2) Every new motor vehicle registered in this state, which	86016
has multiple-beam road lighting equipment shall be equipped with a	86017
beam indicator, which shall be lighted whenever the uppermost	86018
distribution of light from the headlights is in use, and shall not	86019
otherwise be lighted. Said indicator shall be so designed and	86020
located that, when lighted, it will be readily visible without	86021
glare to the driver of the vehicle.	86022

(B) Whoever violates this section ~~shall be punished as~~	86023
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86024
minor misdemeanor.	86025

Sec. 4513.16. (A) Any motor vehicle may be operated under	86026
the conditions specified in section 4513.03 of the Revised Code	86027
when it is equipped with two lighted lights upon the front thereof	86028
capable of revealing persons and substantial objects seventy-five	86029
feet ahead, in lieu of lights required in section 4513.14 of the	86030
Revised Code, provided that such vehicle shall not be operated at	86031
a speed in excess of twenty miles per hour.	86032

(B) Whoever violates this section ~~shall be punished as~~	86033
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86034
minor misdemeanor.	86035

Sec. 4513.17. (A) Whenever a motor vehicle equipped with	86036
headlights also is equipped with any auxiliary lights or spotlight	86037
or any other light on the front thereof projecting a beam of an	86038
intensity greater than three hundred candle power, not more than a	86039
total of five of any such lights on the front of a vehicle shall	86040
be lighted at any one time when the vehicle is upon a highway.	86041

(B) Any lighted light or illuminating device upon a motor	86042
vehicle, other than headlights, spotlights, signal lights, or	86043
auxiliary driving lights, that projects a beam of light of an	86044
intensity greater than three hundred candle power, shall be so	86045
directed that no part of the beam will strike the level of the	86046
roadway on which the vehicle stands at a distance of more than	86047
seventy-five feet from the vehicle.	86048

(C)(1) Flashing lights are prohibited on motor vehicles,	86049
except as a means for indicating a right or a left turn, or in the	86050
presence of a vehicular traffic hazard requiring unusual care in	86051
approaching, or overtaking or passing. This prohibition does not	86052
apply to emergency vehicles, road service vehicles servicing or	86053
towing a disabled vehicle, traffic line stripers, snow plows,	86054
rural mail delivery vehicles, vehicles as provided in section	86055
4513.182 of the Revised Code, department of transportation	86056
maintenance vehicles, funeral hearses, funeral escort vehicles,	86057
and similar equipment operated by the department or local	86058
authorities, which shall be equipped with and display, when used	86059
on a street or highway for the special purpose necessitating such	86060
lights, a flashing, oscillating, or rotating amber light, but	86061
shall not display a flashing, oscillating, or rotating light of	86062
any other color, nor to vehicles or machinery permitted by section	86063
4513.11 of the Revised Code to have a flashing red light.	86064

(2) When used on a street or highway, farm machinery and	86065
vehicles escorting farm machinery may be equipped with and display	86066
a flashing, oscillating, or rotating amber light, and the	86067
prohibition contained in division (C)(1) of this section does not	86068
apply to such machinery or vehicles. Farm machinery also may	86069
display the lights described in section 4513.11 of the Revised	86070
Code.	86071

(D) Except a person operating a public safety vehicle, as	86072
defined in division (E) of section 4511.01 of the Revised Code, or	86073
a school bus, no person shall operate, move, or park upon, or	86074
permit to stand within the right-of-way of any public street or	86075
highway any vehicle or equipment that is equipped with and	86076
displaying a flashing red or a flashing combination red and white	86077
light, or an oscillating or rotating red light, or a combination	86078
red and white oscillating or rotating light; and except a public	86079
law enforcement officer, or other person sworn to enforce the	86080
criminal and traffic laws of the state, operating a public safety	86081
vehicle when on duty, no person shall operate, move, or park upon,	86082
or permit to stand within the right-of-way of any street or	86083
highway any vehicle or equipment that is equipped with, or upon	86084
which is mounted, and displaying a flashing blue or a flashing	86085
combination blue and white light, or an oscillating or rotating	86086
blue light, or a combination blue and white oscillating or	86087
rotating light.	86088

(E) This section does not prohibit the use of warning lights	86089
required by law or the simultaneous flashing of turn signals on	86090
disabled vehicles or on vehicles being operated in unfavorable	86091
atmospheric conditions in order to enhance their visibility. This	86092
section also does not prohibit the simultaneous flashing of turn	86093
signals or warning lights either on farm machinery or vehicles	86094
escorting farm machinery, when used on a street or highway.	86095

(F) Whoever violates this section ~~shall be punished as~~	86096
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86097
minor misdemeanor.	86098

Sec. 4513.171. (A) Notwithstanding any other provision of	86099
law, a motor vehicle operated by a coroner, deputy coroner, or	86100
coroner's investigator may be equipped with a flashing,	86101
oscillating, or rotating red or blue light and a siren, whistle,	86102
or bell capable of emitting sound audible under normal conditions	86103
from a distance of not less than five hundred feet. Such a vehicle	86104
may display the flashing, oscillating, or rotating red or blue	86105
light and may give the audible signal of the siren, exhaust	86106
whistle, or bell only when responding to a fatality or a fatal	86107
motor vehicle accident on a street or highway and only at those	86108
locations where the stoppage of traffic impedes the ability of the	86109
coroner, deputy coroner, or coroner's investigator to arrive at	86110
the site of the fatality.	86111

This section does not relieve a coroner, deputy coroner, or	86112
coroner's investigator operating a motor vehicle from the duty to	86113
drive with due regard for the safety of all persons and property	86114
upon the highway.	86115

(B) Whoever violates this section ~~shall be punished as~~	86116
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86117
minor misdemeanor.	86118

Sec. 4513.18. (A) The director of transportation shall adopt	86119
standards and specifications applicable to headlights, clearance	86120
lights, identification, and other lights, on snow removal	86121
equipment when operated on the highways, and on vehicles operating	86122
under special permits pursuant to section 4513.34 of the Revised	86123
Code, in lieu of the lights otherwise required on motor vehicles.	86124
Such standards and specifications may permit the use of flashing	86125
lights for purposes of identification on snow removal equipment,	86126
and oversize vehicles when in service upon the highways. The	86127
standards and specifications for lights referred to in this	86128
section shall correlate with and, so far as possible, conform with	86129
those approved by the American association of state highway	86130
officials.	86131

It is unlawful to operate snow removal equipment on a highway	86132
unless the lights thereon comply with and are lighted when and as	86133
required by the standards and specifications adopted as provided	86134
in this section.	86135

(B) Whoever violates this section ~~shall be punished as~~	86136
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86137
minor misdemeanor.	86138

Sec. 4513.19. (A) No person shall use any lights mentioned	86139
in sections 4513.03 to 4513.18 of the Revised Code upon any motor	86140
vehicle, trailer, or semitrailer unless said lights are equipped,	86141
mounted, and adjusted as to focus and aim in accordance with	86142
regulations which are prescribed by the director of public safety.	86143

(B) Whoever violates this section ~~shall be punished as~~	86144
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86145
minor misdemeanor.	86146

Sec. 4513.21. (A) Every motor vehicle or trackless trolley	86147
when operated upon a highway shall be equipped with a horn which	86148
is in good working order and capable of emitting sound audible,	86149
under normal conditions, from a distance of not less than two	86150
hundred feet.	86151

No motor vehicle or trackless trolley shall be equipped with,	86152
nor shall any person use upon a vehicle, any siren, whistle, or	86153
bell. Any vehicle may be equipped with a theft alarm signal device	86154
which shall be so arranged that it cannot be used as an ordinary	86155
warning signal. Every emergency vehicle shall be equipped with a	86156
siren, whistle, or bell, capable of emitting sound audible under	86157
normal conditions from a distance of not less than five hundred	86158
feet and of a type approved by the director of public safety. Such	86159
equipment shall not be used except when such vehicle is operated	86160
in response to an emergency call or is in the immediate pursuit of	86161
an actual or suspected violator of the law, in which case the	86162
driver of the emergency vehicle shall sound such equipment when it	86163
is necessary to warn pedestrians and other drivers of the approach	86164
thereof.	86165

(B) Whoever violates this section ~~shall be punished as~~	86166
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86167
minor misdemeanor.	86168

Sec. 4513.22. (A) Every motor vehicle and motorcycle with an	86169
internal combustion engine shall at all times be equipped with a	86170
muffler which is in good working order and in constant operation	86171
to prevent excessive or unusual noise, and no person shall use a	86172
muffler cutout, by-pass, or similar device upon a motor vehicle on	86173
a highway. Every motorcycle muffler shall be equipped with baffle	86174
plates.	86175

No person shall own, operate, or have in the person's	86176
possession any motor vehicle or motorcycle equipped with a device	86177
for producing excessive smoke or gas, or so equipped as to permit	86178
oil or any other chemical to flow into or upon the exhaust pipe or	86179
muffler of such vehicle, or equipped in any other way to produce	86180
or emit smoke or dangerous or annoying gases from any portion of	86181
such vehicle, other than the ordinary gases emitted by the exhaust	86182
of an internal combustion engine under normal operation.	86183

(B) Whoever violates this section ~~shall be punished as~~	86184
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86185
minor misdemeanor.	86186

Sec. 4513.23. (A) Every motor vehicle, motorcycle, and	86187
trackless trolley shall be equipped with a mirror so located as to	86188
reflect to the operator a view of the highway to the rear of such	86189
vehicle, motorcycle, or trackless trolley. Operators of vehicles,	86190
motorcycles, streetcars, and trackless trolleys shall have a clear	86191
and unobstructed view to the front and to both sides of their	86192
vehicles, motorcycles, streetcars, or trackless trolleys and shall	86193
have a clear view to the rear of their vehicles, motorcycles,	86194
streetcars, or trackless trolleys by mirror.	86195

(B) Whoever violates this section ~~shall be punished as~~	86196
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86197
minor misdemeanor.	86198

Sec. 4513.24. (A) No person shall drive any motor vehicle on	86199
a street or highway in this state, other than a motorcycle or	86200
motorized bicycle, that is not equipped with a windshield.	86201

(B) No person shall drive any motor vehicle, other than a	86202
bus, with any sign, poster, or other nontransparent material upon	86203
the front windshield, sidewings, side, or rear windows of such	86204
vehicle other than a certificate or other paper required to be	86205
displayed by law, except that there may be in the lower left-hand	86206
or right-hand corner of the windshield a sign, poster, or decal	86207
not to exceed four inches in height by six inches in width. No	86208
sign, poster, or decal shall be displayed in the front windshield	86209
in such a manner as to conceal the vehicle identification number	86210
for the motor vehicle when, in accordance with federal law, that	86211
number is located inside the vehicle passenger compartment and so	86212
placed as to be readable through the vehicle glazing without	86213
moving any part of the vehicle.	86214

(C) The windshield on every motor vehicle, streetcar, and	86215
trackless trolley shall be equipped with a device for cleaning	86216
rain, snow, or other moisture from the windshield. The device	86217
shall be maintained in good working order and so constructed as to	86218
be controlled or operated by the operator of the vehicle,	86219
streetcar, or trackless trolley.	86220

(D) Whoever violates this section ~~shall be punished as~~	86221
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86222
minor misdemeanor.	86223

Sec. 4513.242. (A) Notwithstanding section 4513.24 and	86224
division (F) of section 4513.241 of the Revised Code or any rule	86225
adopted thereunder, a decal, whether reflectorized or not, may be	86226
displayed upon any side window or sidewing of a motor vehicle if	86227
all of the following are met:	86228

(1) The decal is necessary for public or private security	86229
arrangements to which the motor vehicle periodically is subjected;	86230

(2) The decal is no larger than is necessary to accomplish	86231
the security arrangements;	86232

(3) The decal does not obscure the vision of the motor	86233
vehicle operator or prevent a person looking into the motor	86234
vehicle from seeing or identifying persons or objects inside the	86235
motor vehicle.	86236

(B) Whoever violates this section ~~shall be punished as~~	86237
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86238
minor misdemeanor.	86239

Sec. 4513.28. (A) Whenever any motor truck, trackless	86240
trolley, bus, commercial tractor, trailer, semi-trailer, or pole	86241
trailer is disabled upon the traveled portion of any highway or	86242
the shoulder thereof outside of any municipality, or upon any	86243
freeway, expressway, thruway and connecting, entering or exiting	86244
ramps within a municipality, at any time when lighted lamps are	86245
required on vehicles and trackless trolleys, the operator of such	86246
vehicle or trackless trolley shall display the following warning	86247
devices upon the highway during the time the vehicle or trackless	86248
trolley is so disabled on the highway except as provided in	86249
division (B) of this section:	86250

(1) A lighted fusee shall be immediately placed on the	86251
roadway at the traffic side of such vehicle or trackless trolley,	86252
unless red electric lanterns or red reflectors are displayed.	86253

(2) Within the burning period of the fusee and as promptly as	86254
possible, three lighted flares or pot torches, or three red	86255
reflectors or three red electric lanterns shall be placed on the	86256
roadway as follows:	86257

(a) One at a distance of forty paces or approximately one	86258
hundred feet in advance of the vehicle;	86259

(b) One at a distance of forty paces or approximately one	86260
hundred feet to the rear of the vehicle or trackless trolley	86261
except as provided in this section, each in the center of the lane	86262
of traffic occupied by the disabled vehicle or trackless trolley;	86263

(c) One at the traffic side of the vehicle or trackless	86264
trolley.	86265

(B) Whenever any vehicle used in transporting flammable	86266
liquids in bulk, or in transporting compressed flammable gases, is	86267
disabled upon a highway at any time or place mentioned in division	86268
(A) of this section, the driver of such vehicle shall display upon	86269
the roadway the following warning devices:	86270

(1) One red electric lantern or one red reflector shall be	86271
immediately placed on the roadway at the traffic side of the	86272
vehicle;	86273

(2) Two other red electric lanterns or two other red	86274
reflectors shall be placed to the front and rear of the vehicle in	86275
the same manner prescribed for flares in division (A) of this	86276
section.	86277

(C) When a vehicle of a type specified in division (B) of	86278
this section is disabled, the use of flares, fusees, or any signal	86279
produced by flame as warning signals is prohibited.	86280

(D) Whenever any vehicle or trackless trolley of a type	86281
referred to in this section is disabled upon the traveled portion	86282
of a highway or the shoulder thereof, outside of any municipality,	86283
or upon any freeway, expressway, thruway and connecting, entering	86284
or exiting ramps within a municipality, at any time when the	86285
display of fusees, flares, red reflectors, or electric lanterns is	86286
not required, the operator of such vehicle or trackless trolley	86287
shall display two red flags upon the roadway in the lane of	86288
traffic occupied by the disabled vehicle or trackless trolley, one	86289
at a distance of forty paces or approximately one hundred feet in	86290
advance of the vehicle or trackless trolley, and one at a distance	86291
of forty paces or approximately one hundred feet to the rear of	86292
the vehicle or trackless trolley, except as provided in this	86293
section.	86294

(E) The flares, fusees, lanterns, red reflectors, and flags	86295
to be displayed as required in this section shall conform with the	86296
requirements of section 4513.27 of the Revised Code applicable	86297
thereto.	86298

(F) In the event the vehicle or trackless trolley is disabled	86299
near a curve, crest of a hill, or other obstruction of view, the	86300
flare, flag, reflector, or lantern in that direction shall be	86301
placed as to afford ample warning to other users of the highway,	86302
but in no case shall it be placed less than forty paces or	86303
approximately one hundred feet nor more than one hundred twenty	86304
paces or approximately three hundred feet from the disabled	86305
vehicle or trackless trolley.	86306

(G) This section does not apply to the operator of any	86307
vehicle in a work area designated by protection equipment devices	86308
that are displayed and used in accordance with the manual adopted	86309
by the department of transportation under section 4511.09 of the	86310
Revised Code.	86311

(H) Whoever violates this section ~~shall be punished as~~	86312
~~provided in section 4513.99 of the Revised Code~~is guilty of a	86313
minor misdemeanor.	86314

Sec. 4513.60. (A)(1) The sheriff of a county or chief of	86315
police of a municipal corporation, township, or township police	86316
district, within the sheriff's or chief's respective territorial	86317
jurisdiction, upon complaint of any person adversely affected, may	86318
order into storage any motor vehicle, other than an abandoned junk	86319
motor vehicle as defined in section 4513.63 of the Revised Code,	86320
that has been left on private residential or private agricultural	86321
property for at least four hours without the permission of the	86322
person having the right to the possession of the property. The	86323
sheriff or chief of police, upon complaint of the owner of a	86324
repair garage or place of storage, may order into storage any	86325
motor vehicle, other than an abandoned junk motor vehicle, that	86326
has been left at the garage or place of storage for a longer	86327
period than that agreed upon. The place of storage shall be	86328
designated by the sheriff or chief of police. When ordering a	86329
motor vehicle into storage pursuant to this division, a sheriff or	86330
chief of police, whenever possible, shall arrange for the removal	86331
of the motor vehicle by a private tow truck operator or towing	86332
company. Subject to division (C) of this section, the owner of a	86333
motor vehicle that has been removed pursuant to this division may	86334
recover the vehicle only in accordance with division (E) of this	86335
section.	86336

(2) Divisions (A)(1) to (3) of this section do not apply to	86337
any private residential or private agricultural property that is	86338
established as a private tow-away zone in accordance with division	86339
(B) of this section.	86340

(3) As used in divisions (A)(1) and (2) of this section,	86341
"private residential property" means private property on which is	86342
located one or more structures that are used as a home, residence,	86343
or sleeping place by one or more persons, if no more than three	86344
separate households are maintained in the structure or structures.	86345
"Private residential property" does not include any private	86346
property on which is located one or more structures that are used	86347
as a home, residence, or sleeping place by two or more persons, if	86348
more than three separate households are maintained in the	86349
structure or structures.	86350

(B)(1) The owner of private property may establish a private	86351
tow-away zone only if all of the following conditions are	86352
satisfied:	86353

(a) The owner posts on the owner's property a sign, that is	86354
at least eighteen inches by twenty-four inches in size, that is	86355
visible from all entrances to the property, and that contains at	86356
least all of the following information:	86357

(i) A notice that the property is a private tow-away zone and	86358
that vehicles not authorized to park on the property will be towed	86359
away;	86360

(ii) The telephone number of the person from whom a	86361
towed-away vehicle can be recovered, and the address of the place	86362
to which the vehicle will be taken and the place from which it may	86363
be recovered;	86364

(iii) A statement that the vehicle may be recovered at any	86365
time during the day or night upon the submission of proof of	86366
ownership and the payment of a towing charge, in an amount not to	86367
exceed ninety dollars, and a storage charge, in an amount not to	86368
exceed twelve dollars per twenty-four-hour period; except that the	86369
charge for towing shall not exceed one hundred fifty dollars, and	86370
the storage charge shall not exceed twenty dollars per	86371
twenty-four-hour period, if the vehicle has a manufacturer's gross	86372
vehicle weight rating in excess of ten thousand pounds and is a	86373
truck, bus, or a combination of a commercial tractor and trailer	86374
or semitrailer.	86375

(b) The place to which the towed vehicle is taken and from	86376
which it may be recovered is conveniently located, is well	86377
lighted, and is on or within a reasonable distance of a regularly	86378
scheduled route of one or more modes of public transportation, if	86379
any public transportation is available in the municipal	86380
corporation or township in which the private tow-away zone is	86381
located.	86382

(2) If a vehicle is parked on private property that is	86383
established as a private tow-away zone in accordance with division	86384
(B)(1) of this section, without the consent of the owner of the	86385
property or in violation of any posted parking condition or	86386
regulation, the owner or the owner's agent may remove, or cause	86387
the removal of, the vehicle, the owner and the operator of the	86388
vehicle shall be deemed to have consented to the removal and	86389
storage of the vehicle and to the payment of the towing and	86390
storage charges specified in division (B)(1)(a)(iii) of this	86391
section, and the owner, subject to division (C) of this section,	86392
may recover a vehicle that has been so removed only in accordance	86393
with division (E) of this section.	86394

(3) If a municipal corporation requires tow trucks and tow	86395
truck operators to be licensed, no owner of private property	86396
located within the municipal corporation shall remove, or shall	86397
cause the removal and storage of, any vehicle pursuant to division	86398
(B)(2) of this section by an unlicensed tow truck or unlicensed	86399
tow truck operator.	86400

(4) Divisions (B)(1) to (3) of this section do not affect or	86401
limit the operation of division (A) of this section or sections	86402
4513.61 to 4513.65 of the Revised Code as they relate to property	86403
other than private property that is established as a private	86404
tow-away zone under division (B)(1) of this section.	86405

(C) If the owner or operator of a motor vehicle that has been	86406
ordered into storage pursuant to division (A)(1) of this section	86407
or of a vehicle that is being removed under authority of division	86408
(B)(2) of this section arrives after the motor vehicle or vehicle	86409
has been prepared for removal, but prior to its actual removal	86410
from the property, the owner or operator shall be given the	86411
opportunity to pay a fee of not more than one-half of the charge	86412
for the removal of motor vehicles under division (A)(1) of this	86413
section or of vehicles under division (B)(2) of this section,	86414
whichever is applicable, that normally is assessed by the person	86415
who has prepared the motor vehicle or vehicle for removal, in	86416
order to obtain release of the motor vehicle or vehicle. Upon	86417
payment of that fee, the motor vehicle or vehicle shall be	86418
released to the owner or operator, and upon its release, the owner	86419
or operator immediately shall move it so that:	86420

(1) If the motor vehicle was ordered into storage pursuant to	86421
division (A)(1) of this section, it is not on the private	86422
residential or private agricultural property without the	86423
permission of the person having the right to possession of the	86424
property, or is not at the garage or place of storage without the	86425
permission of the owner, whichever is applicable.	86426

(2) If the vehicle was being removed under authority of	86427
division (B)(2) of this section, it is not parked on the private	86428
property established as a private tow-away zone without the	86429
consent of the owner or in violation of any posted parking	86430
condition or regulation.	86431

(D)(1) If an owner of private property that is established as	86432
a private tow-away zone in accordance with division (B)(1) of this	86433
section or the authorized agent of such an owner removes or causes	86434
the removal of a vehicle from that property under authority of	86435
division (B)(2) of this section, the owner or agent promptly shall	86436
notify the police department of the municipal corporation,	86437
township, or township police district in which the property is	86438
located, of the removal, the vehicle's license number, make,	86439
model, and color, the location from which it was removed, the date	86440
and time of its removal, the telephone number of the person from	86441
whom it may be recovered, and the address of the place to which it	86442
has been taken and from which it may be recovered.	86443

(2) Each county sheriff and each chief of police of a	86444
municipal corporation, township, or township police district shall	86445
maintain a record of motor vehicles that the sheriff or chief	86446
orders into storage pursuant to division (A)(1) of this section	86447
and of vehicles removed from private property in the sheriff's or	86448
chief's jurisdiction that is established as a private tow-away	86449
zone of which the sheriff or chief has received notice under	86450
division (D)(1) of this section. The record shall include an entry	86451
for each such motor vehicle or vehicle that identifies the motor	86452
vehicle's or vehicle's license number, make, model, and color, the	86453
location from which it was removed, the date and time of its	86454
removal, the telephone number of the person from whom it may be	86455
recovered, and the address of the place to which it has been taken	86456
and from which it may be recovered. Any information in the record	86457
that pertains to a particular motor vehicle or vehicle shall be	86458
provided to any person who, either in person or pursuant to a	86459
telephone call, identifies self as the owner or operator of the	86460
motor vehicle or vehicle and requests information pertaining to	86461
its location.	86462

(3) Any person who registers a complaint that is the basis of	86463
a sheriff's or police chief's order for the removal and storage of	86464
a motor vehicle under division (A)(1) of this section shall	86465
provide the identity of the law enforcement agency with which the	86466
complaint was registered to any person who identifies self as the	86467
owner or operator of the motor vehicle and requests information	86468
pertaining to its location.	86469

(E) The owner of a motor vehicle that is ordered into storage	86470
pursuant to division (A)(1) of this section or of a vehicle that	86471
is removed under authority of division (B)(2) of this section may	86472
reclaim it upon payment of any expenses or charges incurred in its	86473
removal, in an amount not to exceed ninety dollars, and storage,	86474
in an amount not to exceed twelve dollars per twenty-four-hour	86475
period; except that the charge for towing shall not exceed one	86476
hundred fifty dollars, and the storage charge shall not exceed	86477
twenty dollars per twenty-four-hour period, if the vehicle has a	86478
manufacturer's gross vehicle weight rating in excess of ten	86479
thousand pounds and is a truck, bus, or a combination of a	86480
commercial tractor and trailer or semitrailer. Presentation of	86481
proof of ownership, which may be evidenced by a certificate of	86482
title to the motor vehicle or vehicle also shall be required for	86483
reclamation of the vehicle. If a motor vehicle that is ordered	86484
into storage pursuant to division (A)(1) of this section remains	86485
unclaimed by the owner for thirty days, the procedures established	86486
by sections 4513.61 and 4513.62 of the Revised Code shall apply.	86487

(F) No person shall remove, or cause the removal of, any	86488
vehicle from private property that is established as a private	86489
tow-away zone under division (B)(1) of this section other than in	86490
accordance with division (B)(2) of this section, and no person	86491
shall remove, or cause the removal of, any motor vehicle from any	86492
other private property other than in accordance with division	86493
(A)(1) of this section or sections 4513.61 to 4513.65 of the	86494
Revised Code.	86495

(G)~~(1)~~ Whoever violates division (B)(3) or (F) of this	86496
section is guilty of a minor misdemeanor.	86497

~~(2) Except as otherwise provided in this division, whoever~~	86498
~~violates division (F) of this section is guilty of a minor~~	86499
~~misdemeanor. If the offender previously has been convicted of or~~	86500
~~pleaded guilty to a violation of division (F) of this section,~~	86501
~~whoever violates division (F) of this section is guilty of a~~	86502
~~misdemeanor of the third degree.~~	86503

Sec. 4513.65. (A) For purposes of this section, "junk motor	86504
vehicle" means any motor vehicle meeting the requirements of	86505
divisions (B), (C), (D), and (E) of section 4513.63 of the Revised	86506
Code that is left uncovered in the open on private property for	86507
more than seventy-two hours with the permission of the person	86508
having the right to the possession of the property, except if the	86509
person is operating a junk yard or scrap metal processing facility	86510
licensed under authority of sections 4737.05 to 4737.12 of the	86511
Revised Code, or regulated under authority of a political	86512
subdivision; or if the property on which the motor vehicle is left	86513
is not subject to licensure or regulation by any governmental	86514
authority, unless the person having the right to the possession of	86515
the property can establish that the motor vehicle is part of a	86516
bona fide commercial operation; or if the motor vehicle is a	86517
collector's vehicle.	86518

No political subdivision shall prevent a person from storing	86519
or keeping, or restrict a person in the method of storing or	86520
keeping, any collector's vehicle on private property with the	86521
permission of the person having the right to the possession of the	86522
property; except that a political subdivision may require a person	86523
having such permission to conceal, by means of buildings, fences,	86524
vegetation, terrain, or other suitable obstruction, any unlicensed	86525
collector's vehicle stored in the open.	86526

The sheriff of a county, or chief of police of a municipal	86527
corporation, within the sheriff's or chief's respective	86528
territorial jurisdiction, a state highway patrol trooper, a board	86529
of township trustees, the legislative authority of a municipal	86530
corporation, or the zoning authority of a township or a municipal	86531
corporation, may send notice, by certified mail with return	86532
receipt requested, to the person having the right to the	86533
possession of the property on which a junk motor vehicle is left,	86534
that within ten days of receipt of the notice, the junk motor	86535
vehicle either shall be covered by being housed in a garage or	86536
other suitable structure, or shall be removed from the property.	86537

No person shall willfully leave a junk motor vehicle	86538
uncovered in the open for more than ten days after receipt of a	86539
notice as provided in this section. The fact that a junk motor	86540
vehicle is so left is prima-facie evidence of willful failure to	86541
comply with the notice, and each subsequent period of thirty days	86542
that a junk motor vehicle continues to be so left constitutes a	86543
separate offense.	86544

(B) ~~Except as otherwise provided in this division, whoever~~	86545
Whoever violates this section is guilty of a minor misdemeanor on	86546
~~a first offense. If the offender previously has been convicted of~~	86547
~~or pleaded guilty to one violation of this section, whoever~~	86548
~~violates this section is guilty of a misdemeanor of the fourth~~	86549
~~degree. If the offender previously has been convicted of or~~	86550
~~pleaded guilty to two or more violations of this section, whoever~~	86551
~~violates this section is guilty of a misdemeanor of the third~~	86552
~~degree~~.	86553

Sec. 4513.99. (A) Any violation of section ~~4513.03, 4513.04,~~	86554
~~4513.05, 4513.06, 4513.07, 4513.071, 4513.09,~~ 4513.10, ~~4513.11~~	86555
~~except for division (H) of that section, 4513.111, 4513.12,~~	86556
~~4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171, 4513.18,~~	86557
4513.182, ~~4513.19,~~ 4513.20, 4513.201, 4513.202, ~~4513.21, 4513.22,~~	86558
~~4513.23, 4513.24, 4513.242,~~ 4513.25, 4513.26, 4513.27, ~~4513.28,~~	86559
4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code	86560
shall be punished under division (B) of this section.	86561

(B) Whoever violates the sections of this chapter that are	86562
specifically required to be punished under this division, or any	86563
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of	86564
the Revised Code for which violation no penalty is otherwise	86565
provided, is guilty of a minor misdemeanor on a first offense; on	86566
a second offense within one year after the first offense, the	86567
person is guilty of a misdemeanor of the fourth degree; on each	86568
subsequent offense within one year after the first offense, the	86569
person is guilty of a misdemeanor of the third degree.	86570

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	86571
Revised Code:	86572

(A) "Persons" includes individuals, firms, partnerships,	86573
associations, joint stock companies, corporations, and any	86574
combinations of individuals.	86575

(B) "Motor vehicle" means motor vehicle as defined in section	86576
4501.01 of the Revised Code and also includes "all-purpose	86577
vehicle" and "off-highway motorcycle" as those terms are defined	86578
in section 4519.01 of the Revised Code ~~and manufactured and mobile~~	86579
~~homes~~. "Motor vehicle" does not include a snowmobile as defined in	86580
section 4519.01 of the Revised Code or manufactured and mobile	86581
homes.	86582

(C) "New motor vehicle" means a motor vehicle, the legal	86583
title to which has never been transferred by a manufacturer,	86584
remanufacturer, distributor, or dealer to an ultimate purchaser.	86585

(D) "Ultimate purchaser" means, with respect to any new motor	86586
vehicle, the first person, other than a dealer purchasing in the	86587
capacity of a dealer, who in good faith purchases such new motor	86588
vehicle for purposes other than resale.	86589

(E) "Business" includes any activities engaged in by any	86590
person for the object of gain, benefit, or advantage either direct	86591
or indirect.	86592

(F) "Engaging in business" means commencing, conducting, or	86593
continuing in business, or liquidating a business when the	86594
liquidator thereof holds self out to be conducting such business;	86595
making a casual sale or otherwise making transfers in the ordinary	86596
course of business when the transfers are made in connection with	86597
the disposition of all or substantially all of the transferor's	86598
assets is not engaging in business.	86599

(G) "Retail sale" or "sale at retail" means the act or	86600
attempted act of selling, bartering, exchanging, or otherwise	86601
disposing of a motor vehicle to an ultimate purchaser for use as a	86602
consumer.	86603

(H) "Retail installment contract" includes any contract in	86604
the form of a note, chattel mortgage, conditional sales contract,	86605
lease, agreement, or other instrument payable in one or more	86606
installments over a period of time and arising out of the retail	86607
sale of a motor vehicle.	86608

(I) "Farm machinery" means all machines and tools used in the	86609
production, harvesting, and care of farm products.	86610

(J) "Dealer" or "motor vehicle dealer" means any new motor	86611
vehicle dealer, any motor vehicle leasing dealer, and any used	86612
motor vehicle dealer.	86613

(K) "New motor vehicle dealer" means any person engaged in	86614
the business of selling at retail, displaying, offering for sale,	86615
or dealing in new motor vehicles pursuant to a contract or	86616
agreement entered into with the manufacturer, remanufacturer, or	86617
distributor of the motor vehicles.	86618

(L) "Used motor vehicle dealer" means any person engaged in	86619
the business of selling, displaying, offering for sale, or dealing	86620
in used motor vehicles, at retail or wholesale, but does not mean	86621
any new motor vehicle dealer selling, displaying, offering for	86622
sale, or dealing in used motor vehicles incidentally to engaging	86623
in the business of selling, displaying, offering for sale, or	86624
dealing in new motor vehicles, any person engaged in the business	86625
of dismantling, salvaging, or rebuilding motor vehicles by means	86626
of using used parts, or any public officer performing official	86627
duties.	86628

(M) "Motor vehicle leasing dealer" means any person engaged	86629
in the business of regularly making available, offering to make	86630
available, or arranging for another person to use a motor vehicle	86631
pursuant to a bailment, lease, sublease, or other contractual	86632
arrangement under which a charge is made for its use at a periodic	86633
rate for a term of thirty days or more, and title to the motor	86634
vehicle is in and remains in the motor vehicle leasing dealer who	86635
originally leases it, irrespective of whether or not the motor	86636
vehicle is the subject of a later sublease, and not in the user,	86637
but does not mean a manufacturer or its affiliate leasing to its	86638
employees or to dealers.	86639

(N) "Salesperson" means any person employed by a dealer or	86640
manufactured home broker to sell, display, and offer for sale, or	86641
deal in motor vehicles for a commission, compensation, or other	86642
valuable consideration, but does not mean any public officer	86643
performing official duties.	86644

(O) "Casual sale" means any transfer of a motor vehicle by a	86645
person other than a new motor vehicle dealer, used motor vehicle	86646
dealer, motor vehicle salvage dealer, as defined in division (A)	86647
of section 4738.01 of the Revised Code, salesperson, motor vehicle	86648
auction owner, manufacturer, or distributor acting in the capacity	86649
of a dealer, salesperson, auction owner, manufacturer, or	86650
distributor, to a person who purchases the motor vehicle for use	86651
as a consumer.	86652

(P) "Motor vehicle show" means a display of current models of	86653
motor vehicles whereby the primary purpose is the exhibition of	86654
competitive makes and models in order to provide the general	86655
public the opportunity to review and inspect various makes and	86656
models of motor vehicles at a single location.	86657

(Q) "Motor vehicle auction owner" means any person who is	86658
engaged wholly or in part in the business of auctioning motor	86659
vehicles.	86660

(R) "Manufacturer" means a person who manufactures,	86661
assembles, or imports motor vehicles, including motor homes, but	86662
does not mean a person who only assembles or installs a body,	86663
special equipment unit, finishing trim, or accessories on a motor	86664
vehicle chassis supplied by a manufacturer or distributor.	86665

(S) "Tent-type fold-out camping trailer" means any vehicle	86666
intended to be used, when stationary, as a temporary shelter with	86667
living and sleeping facilities, and that is subject to the	86668
following properties and limitations:	86669

(1) A minimum of twenty-five per cent of the fold-out portion	86670
of the top and sidewalls combined must be constructed of canvas,	86671
vinyl, or other fabric, and form an integral part of the shelter.	86672

(2) When folded, the unit must not exceed:

86673

(a) Fifteen feet in length, exclusive of bumper and tongue;

86674

(b) Sixty inches in height from the point of contact with the	86675
ground;	86676

86677

(d) One ton gross weight at time of sale.

86678

(T) "Distributor" means any person authorized by a motor	86679
vehicle manufacturer to distribute new motor vehicles to licensed	86680
new motor vehicle dealers, but does not mean a person who only	86681
assembles or installs a body, special equipment unit, finishing	86682
trim, or accessories on a motor vehicle chassis supplied by a	86683
manufacturer or distributor.	86684

(U) "Flea market" means a market place, other than a dealer's	86685
location licensed under this chapter, where a space or location is	86686
provided for a fee or compensation to a seller to exhibit and	86687
offer for sale or trade, motor vehicles to the general public.	86688

(V) "Franchise" means any written agreement, contract, or	86689
understanding between any motor vehicle manufacturer or	86690
remanufacturer engaged in commerce and any motor vehicle dealer	86691
that purports to fix the legal rights and liabilities of the	86692
parties to such agreement, contract, or understanding.	86693

(W) "Franchisee" means a person who receives new motor	86694
vehicles from the franchisor under a franchise agreement and who	86695
offers, sells, and provides service for such new motor vehicles to	86696
the general public.	86697

(X) "Franchisor" means a new motor vehicle manufacturer,	86698
remanufacturer, or distributor who supplies new motor vehicles	86699
under a franchise agreement to a franchisee.	86700

(Y) "Dealer organization" means a state or local trade	86701
association the membership of which is comprised predominantly of	86702
new motor vehicle dealers.	86703

(Z) "Factory representative" means a representative employed	86704
by a manufacturer, remanufacturer, or by a factory branch	86705
primarily for the purpose of promoting the sale of its motor	86706
vehicles, parts, or accessories to dealers or for supervising or	86707
contacting its dealers or prospective dealers.	86708

(AA) "Administrative or executive management" means those	86709
individuals who are not subject to federal wage and hour laws.	86710

(BB) "Good faith" means honesty in the conduct or transaction	86711
concerned and the observance of reasonable commercial standards of	86712
fair dealing in the trade as is defined in division (S) of section	86713
1301.01 of the Revised Code, including, but not limited to, the	86714
duty to act in a fair and equitable manner so as to guarantee	86715
freedom from coercion, intimidation, or threats of coercion or	86716
intimidation; provided however, that recommendation, endorsement,	86717
exposition, persuasion, urging, or argument shall not be	86718
considered to constitute a lack of good faith.	86719

(CC) "Coerce" means to compel or attempt to compel by failing	86720
to act in good faith or by threat of economic harm, breach of	86721
contract, or other adverse consequences. Coerce does not mean to	86722
argue, urge, recommend, or persuade.	86723

(DD) "Relevant market area" means any area within a radius of	86724
ten miles from the site of a potential new dealership, except that	86725
for manufactured home or recreational vehicle dealerships the	86726
radius shall be twenty-five miles. The ten-mile radius shall be	86727
measured from the dealer's established place of business that is	86728
used exclusively for the purpose of selling, displaying, offering	86729
for sale, or dealing in motor vehicles.	86730

(EE) "Wholesale" or "at wholesale" means the act or attempted	86731
act of selling, bartering, exchanging, or otherwise disposing of a	86732
motor vehicle to a transferee for the purpose of resale and not	86733
for ultimate consumption by that transferee.	86734

(FF) "Motor vehicle wholesaler" means any person licensed as	86735
a dealer under the laws of another state and engaged in the	86736
business of selling, displaying, or offering for sale used motor	86737
vehicles, at wholesale, but does not mean any motor vehicle dealer	86738
as defined in this section.	86739

(GG)(1) "Remanufacturer" means a person who assembles or	86740
installs passenger seating, walls, a roof elevation, or a body	86741
extension on a conversion van with the motor vehicle chassis	86742
supplied by a manufacturer or distributor, a person who modifies a	86743
truck chassis supplied by a manufacturer or distributor for use as	86744
a public safety or public service vehicle, a person who modifies a	86745
motor vehicle chassis supplied by a manufacturer or distributor	86746
for use as a limousine or hearse, or a person who modifies an	86747
incomplete motor vehicle cab and chassis supplied by a new motor	86748
vehicle dealer or distributor for use as a tow truck, but does not	86749
mean either of the following:	86750

(a) A person who assembles or installs passenger seating,	86751
~~walls,~~ a roof elevation, or a body extension on ~~a manufactured~~	86752
~~home as defined in division (C)(4) of section 3781.06 of the~~	86753
~~Revised Code, a mobile home as defined in division (O) and~~	86754
~~referred to in division (B) of section 4501.01 of the Revised~~	86755
~~Code, or~~ a recreational vehicle as defined in division (Q) and	86756
referred to in division (B) of section 4501.01 of the Revised	86757
Code;	86758

(b) A person who assembles or installs special equipment or	86759
accessories for handicapped persons, as defined in section 4503.44	86760
of the Revised Code, upon a motor vehicle chassis supplied by a	86761
manufacturer or distributor.	86762

(2) For the purposes of division (GG)(1) of this section,	86763
"public safety vehicle or public service vehicle" means a fire	86764
truck, ambulance, school bus, street sweeper, garbage packing	86765
truck, or cement mixer, or a mobile self-contained facility	86766
vehicle.	86767

(3) For the purposes of division (GG)(1) of this section,	86768
"limousine" means a motor vehicle, designed only for the purpose	86769
of carrying nine or fewer passengers, that a person modifies by	86770
cutting the original chassis, lengthening the wheelbase by forty	86771
inches or more, and reinforcing the chassis in such a way that all	86772
modifications comply with all applicable federal motor vehicle	86773
safety standards. No person shall qualify as or be deemed to be a	86774
remanufacturer who produces limousines unless the person has a	86775
written agreement with the manufacturer of the chassis the person	86776
utilizes to produce the limousines to complete properly the	86777
remanufacture of the chassis into limousines.	86778

(4) For the purposes of division (GG)(1) of this section,	86779
"hearse" means a motor vehicle, designed only for the purpose of	86780
transporting a single casket, that is equipped with a compartment	86781
designed specifically to carry a single casket that a person	86782
modifies by cutting the original chassis, lengthening the	86783
wheelbase by ten inches or more, and reinforcing the chassis in	86784
such a way that all modifications comply with all applicable	86785
federal motor vehicle safety standards. No person shall qualify as	86786
or be deemed to be a remanufacturer who produces hearses unless	86787
the person has a written agreement with the manufacturer of the	86788
chassis the person utilizes to produce the hearses to complete	86789
properly the remanufacture of the chassis into hearses.	86790

(5) For the purposes of division (GG)(1) of this section,	86791
"mobile self-contained facility vehicle" means a mobile classroom	86792
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	86793
testing laboratory, and mobile display vehicle, each of which is	86794
designed for purposes other than for passenger transportation and	86795
other than the transportation or displacement of cargo, freight,	86796
materials, or merchandise. A vehicle is remanufactured into a	86797
mobile self-contained facility vehicle in part by the addition of	86798
insulation to the body shell, and installation of all of the	86799
following: a generator, electrical wiring, plumbing, holding	86800
tanks, doors, windows, cabinets, shelving, and heating,	86801
ventilating, and air conditioning systems.	86802

(6) For the purposes of division (GG)(1) of this section,	86803
"tow truck" means both of the following:	86804

(a) An incomplete cab and chassis that are purchased by a	86805
remanufacturer from a new motor vehicle dealer or distributor of	86806
the cab and chassis and on which the remanufacturer then installs	86807
in a permanent manner a wrecker body it purchases from a	86808
manufacturer or distributor of wrecker bodies, installs an	86809
emergency flashing light pylon and emergency lights upon the mast	86810
of the wrecker body or rooftop, and installs such other related	86811
accessories and equipment, including push bumpers, front grille	86812
guards with pads and other custom-ordered items such as painting,	86813
special lettering, and safety striping so as to create a complete	86814
motor vehicle capable of lifting and towing another motor vehicle.	86815

(b) An incomplete cab and chassis that are purchased by a	86816
remanufacturer from a new motor vehicle dealer or distributor of	86817
the cab and chassis and on which the remanufacturer then installs	86818
in a permanent manner a car carrier body it purchases from a	86819
manufacturer or distributor of car carrier bodies, installs an	86820
emergency flashing light pylon and emergency lights upon the	86821
rooftop, and installs such other related accessories and	86822
equipment, including push bumpers, front grille guards with pads	86823
and other custom-ordered items such as painting, special	86824
lettering, and safety striping.	86825

As used in division (GG)(6)(b) of this section, "car carrier	86826
body" means a mechanical or hydraulic apparatus capable of lifting	86827
and holding a motor vehicle on a flat level surface so that one or	86828
more motor vehicles can be transported, once the car carrier is	86829
permanently installed upon an incomplete cab and chassis.	86830

(HH) "Operating as a new motor vehicle dealership" means	86831
engaging in activities such as displaying, offering for sale, and	86832
selling new motor vehicles at retail, operating a service facility	86833
to perform repairs and maintenance on motor vehicles, offering for	86834
sale and selling motor vehicle parts at retail, and conducting all	86835
other acts that are usual and customary to the operation of a new	86836
motor vehicle dealership. For the purposes of this chapter only,	86837
possession of either a valid new motor vehicle dealer franchise	86838
agreement or a new motor vehicle dealers license, or both of these	86839
items, is not evidence that a person is operating as a new motor	86840
vehicle dealership.	86841

(II) ~~"Manufactured home broker" means any person acting as a~~	86842
~~selling agent on behalf of an owner of a manufactured or mobile~~	86843
~~home that is subject to taxation under section 4503.06 of the~~	86844
~~Revised Code.~~	86845

~~(JJ)~~ "Outdoor power equipment" means garden and small utility	86846
tractors, walk-behind and riding mowers, chainsaws, and tillers.	86847

~~(KK)~~(JJ) "Remote service facility" means premises that are	86848
separate from a licensed new motor vehicle dealer's sales facility	86849
by not more than one mile and that are used by the dealer to	86850
perform repairs, warranty work, recall work, and maintenance on	86851
motor vehicles pursuant to a franchise agreement entered into with	86852
a manufacturer of motor vehicles. A remote service facility shall	86853
be deemed to be part of the franchise agreement and is subject to	86854
all the rights, duties, obligations, and requirements of Chapter	86855
4517. of the Revised Code that relate to the performance of motor	86856
vehicle repairs, warranty work, recall work, and maintenance work	86857
by new motor vehicle dealers.	86858

Sec. 4517.02. (A) Except as otherwise provided in this	86859
section, no person shall do any of the following:	86860

(1) Engage in the business of displaying or selling at retail	86861
new motor vehicles or assume to engage in that business, unless	86862
the person is licensed as a new motor vehicle dealer under	86863
sections 4517.01 to 4517.45 of the Revised Code, or is a	86864
salesperson licensed under those sections and employed by a	86865
licensed new motor vehicle dealer;	86866

(2) Engage in the business of offering for sale, displaying	86867
for sale, or selling at retail or wholesale used motor vehicles or	86868
assume to engage in that business, unless the person is licensed	86869
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	86870
or is a salesperson licensed under those sections and employed by	86871
a licensed used motor vehicle dealer or licensed new motor vehicle	86872
dealer;	86873

(3) Engage in the business of regularly making available,	86874
offering to make available, or arranging for another person to use	86875
a motor vehicle, in the manner described in division (M) of	86876
section 4517.01 of the Revised Code, unless the person is licensed	86877
as a motor vehicle leasing dealer under sections 4517.01 to	86878
4517.45 of the Revised Code;	86879

(4) Engage in the business of motor vehicle auctioning or	86880
assume to engage in that business, unless the person is licensed	86881
as a motor vehicle auction owner under sections 4517.01 to 4517.45	86882
of the Revised Code and the person uses an auctioneer who is	86883
licensed under Chapter 4707. of the Revised Code to conduct the	86884
motor vehicle auctions;	86885

(5) Engage in the business of distributing motor vehicles or	86886
assume to engage in that business, unless the person is licensed	86887
as a distributor under sections 4517.01 to 4517.45 of the Revised	86888
Code;	86889

(6) Make more than five casual sales of motor vehicles in a	86890
twelve-month period, commencing with the day of the month in which	86891
the first such sale is made, nor provide a location or space for	86892
the sale of motor vehicles at a flea market, without obtaining a	86893
license as a dealer under sections 4517.01 to 4517.45 of the	86894
Revised Code, provided that nothing in this section shall be	86895
construed to prohibit the disposition without a license of a motor	86896
vehicle originally acquired and held for purposes other than sale,	86897
rental, or lease to an employee, retiree, officer, or director of	86898
the person making the disposition, to a corporation affiliated	86899
with the person making the disposition, or to a person licensed	86900
under sections 4517.01 to 4517.45 of the Revised Code;	86901

~~(7) Engage in the business of brokering manufactured homes~~	86902
~~unless that person is licensed as a manufactured home broker under~~	86903
~~sections 4517.01 to 4517.45 of the Revised Code~~.	86904

(B) Nothing in this section shall be construed to require an	86905
auctioneer licensed under sections 4707.01 to 4707.19 of the	86906
Revised Code, to obtain a motor vehicle salesperson's license	86907
under sections 4517.01 to 4517.45 of the Revised Code when	86908
conducting an auction sale for a licensed motor vehicle dealer on	86909
the dealer's premises, or when conducting an auction sale for a	86910
licensed motor vehicle auction owner; nor shall such an auctioneer	86911
be required to obtain a motor vehicle auction owner's license	86912
under sections 4517.01 to 4517.45 of the Revised Code when engaged	86913
in auctioning for a licensed motor vehicle auction owner.	86914

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	86915
apply to any of the following:	86916

(1) Persons engaging in the business of selling commercial	86917
tractors, trailers, or semitrailers incidentally to engaging	86918
primarily in business other than the selling or leasing of motor	86919
vehicles;	86920

(2) Mortgagees selling at retail only those motor vehicles	86921
that have come into their possession by a default in the terms of	86922
a mortgage contract;	86923

(3) The leasing, rental, and interchange of motor vehicles	86924
used directly in the rendition of a public utility service by	86925
regulated motor carriers.	86926

(D) When a partnership licensed under sections 4517.01 to	86927
4517.45 of the Revised Code is dissolved by death, the surviving	86928
partners may operate under the license for a period of sixty days,	86929
and the heirs or representatives of deceased persons and receivers	86930
or trustees in bankruptcy appointed by any competent authority may	86931
operate under the license of the person succeeded in possession by	86932
that heir, representative, receiver, or trustee in bankruptcy.	86933

(E) No remanufacturer shall engage in the business of selling	86934
at retail any new motor vehicle without having written authority	86935
from the manufacturer or distributor of the vehicle to sell new	86936
motor vehicles and to perform repairs under the terms of the	86937
manufacturer's or distributor's new motor vehicle warranty,	86938
unless, at the time of the sale of the vehicle, each customer is	86939
furnished with a binding agreement ensuring that the customer has	86940
the right to have the vehicle serviced or repaired by a new motor	86941
vehicle dealer who is franchised to sell and service vehicles of	86942
the same line-make as the chassis of the remanufactured vehicle	86943
purchased by the customer and whose service or repair facility is	86944
located within either twenty miles of the remanufacturer's	86945
location and place of business or twenty miles of the customer's	86946
residence or place of business. If there is no such new motor	86947
vehicle dealer located within twenty miles of the remanufacturer's	86948
location and place of business or the customer's residence or	86949
place of business, the binding agreement furnished to the customer	86950
may be with the new motor vehicle dealer who is franchised to sell	86951
and service vehicles of the same line-make as the chassis of the	86952
remanufactured vehicle purchased by the customer and whose service	86953
or repair facility is located nearest to the remanufacturer's	86954
location and place of business or the customer's residence or	86955
place of business. Additionally, at the time of sale of any	86956
vehicle, each customer of the remanufacturer shall be furnished	86957
with a warranty issued by the remanufacturer for a term of at	86958
least one year.	86959

(F) Except as otherwise provided in this division, whoever	86960
violates this section is guilty of a minor misdemeanor and shall	86961
be subject to a mandatory fine of one hundred dollars. If the	86962
offender previously has been convicted of or pleaded guilty to a	86963
violation of this section, whoever violates this section is guilty	86964
of a misdemeanor of the first degree and shall be subject to a	86965
mandatory fine of one thousand dollars.	86966

Sec. 4517.03. (A) A place of business that is used for	86967
selling, displaying, offering for sale, or dealing in motor	86968
vehicles shall be considered as used exclusively for those	86969
purposes even though snowmobiles, farm machinery, outdoor power	86970
equipment, watercraft and related products, or products	86971
manufactured or distributed by a motor vehicle manufacturer with	86972
which the motor vehicle dealer has a franchise agreement are sold	86973
or displayed there, or if repair, accessory, gasoline and oil,	86974
storage, parts, service, or paint departments are maintained	86975
there, or such products or services are provided there, if the	86976
departments are operated or the products or services are provided	86977
for the business of selling, displaying, offering for sale, or	86978
dealing in motor vehicles. Places of business or departments in a	86979
place of business used to dismantle, salvage, or rebuild motor	86980
vehicles by means of using used parts, are not considered as being	86981
maintained for the purpose of assisting or furthering the selling,	86982
displaying, offering for sale, or dealing in motor vehicles. A	86983
place of business shall be considered as used exclusively for	86984
selling, displaying, offering for sale, or dealing in motor	86985
vehicles even though a business owned by a motor vehicle leasing	86986
dealer or a motor vehicle renting dealer is located at the place	86987
of business.	86988

(B)(1) No new motor vehicle dealer shall sell, display, offer	86989
for sale, or deal in motor vehicles at any place except an	86990
established place of business that is used exclusively for the	86991
purpose of selling, displaying, offering for sale, or dealing in	86992
motor vehicles. The place of business shall have space, under	86993
roof, for the display of at least one new motor vehicle. The	86994
established place of business or, if the dealer operates a remote	86995
service facility, the dealer's remote service facility shall have	86996
facilities and space for the inspection, servicing, and repair of	86997
at least one motor vehicle. However a new motor vehicle dealer	86998
selling manufactured or mobile homes is exempt from the	86999
requirement that a place of business have space, under roof, for	87000
the display of at least one new motor vehicle and facilities and	87001
space for the inspection, servicing, and repair of at least one	87002
motor vehicle.	87003

(2) A licensed new motor vehicle dealer may operate a remote	87004
service facility with the consent of the manufacturer and only to	87005
perform repairs, warranty work, recall work, and maintenance on	87006
motor vehicles as part of the dealer's franchised and licensed new	87007
motor vehicle dealership. The remote service facility shall be	87008
included on the new motor vehicle dealer's license and be deemed	87009
to be part of the dealer's licensed location.	87010

(3) No person shall use a remote service facility for	87011
selling, displaying, or offering for sale motor vehicles.	87012

~~(4) Nothing in Chapter 4517. of the Revised Code shall be~~	87013
~~construed as prohibiting the sale of a new or used manufactured or~~	87014
~~mobile home located in a manufactured home park by a licensed new~~	87015
~~or used motor vehicle dealer.~~	87016

(C) No used motor vehicle dealer shall sell, display, offer	87017
for sale, or deal in motor vehicles at any place except an	87018
established place of business that is used exclusively for the	87019
purpose of selling, displaying, offering for sale, or dealing in	87020
motor vehicles.	87021

(D) No motor vehicle leasing dealer shall make a motor	87022
vehicle available for use by another, in the manner described in	87023
division (M) of section 4517.01 of the Revised Code, at any place	87024
except an established place of business that is used for leasing	87025
motor vehicles; except that a motor vehicle leasing dealer who is	87026
also a new motor vehicle dealer or used motor vehicle dealer may	87027
lease motor vehicles at the same place of business at which the	87028
dealer sells, offers for sale, or deals in new or used motor	87029
vehicles.	87030

(E) No motor vehicle leasing dealer or motor vehicle renting	87031
dealer shall sell a motor vehicle within ninety days after a	87032
certificate of title to the motor vehicle is issued to the dealer,	87033
except when a salvage certificate of title is issued to replace	87034
the original certificate of title and except when a motor vehicle	87035
leasing dealer sells a motor vehicle to another motor vehicle	87036
leasing dealer at the end of a sublease pursuant to that sublease.	87037

(F) No distributor shall distribute new motor vehicles to new	87038
motor vehicle dealers at any place except an established place of	87039
business that is used exclusively for the purpose of distributing	87040
new motor vehicles to new motor vehicle dealers; except that a	87041
distributor who is also a new motor vehicle dealer may distribute	87042
new motor vehicles at the same place of business at which the	87043
distributor sells, displays, offers for sale, or deals in new	87044
motor vehicles.	87045

(G) No person, firm, or corporation that sells, displays, or	87046
offers for sale tent-type fold-out camping trailers is subject to	87047
the requirement that the person's, firm's, or corporation's place	87048
of business be used exclusively for the purpose of selling,	87049
displaying, offering for sale, or dealing in motor vehicles. No	87050
person, firm, or corporation that sells, displays, or offers for	87051
sale tent-type fold-out camping trailers, trailers, semitrailers,	87052
or park trailers is subject to the requirement that the place of	87053
business have space, under roof, for the display of at least one	87054
new motor vehicle and facilities and space for the inspection,	87055
servicing, and repair of at least one motor vehicle.	87056

(H) ~~No manufactured or mobile home broker shall engage in the~~	87057
~~business of brokering manufactured or mobile homes at any place~~	87058
~~except an established place of business that is used exclusively~~	87059
~~for the purpose of brokering manufactured or mobile homes.~~	87060

~~(I)~~ Nothing in this section shall be construed to prohibit	87061
persons licensed under this chapter from making sales calls.	87062

~~(J)~~(I) Whoever violates this section is guilty of a	87063
misdemeanor of the fourth degree.	87064

~~(K)~~(J) As used in this section:

87065

(1) "Motor vehicle leasing dealer" has the same meaning as in	87066
section 4517.01 of the Revised Code.	87067

(2) "Motor vehicle renting dealer" has the same meaning as in	87068
section 4549.65 of the Revised Code.	87069

(3) "Watercraft" has the same meaning as in section 1547.01	87070
of the Revised Code.	87071

Sec. 4517.30. The motor vehicle dealers board shall consist	87072
of eleven members. The registrar of motor vehicles or the	87073
registrar's designee shall be a member of the board, and the other	87074
ten members shall be appointed by the governor with the advice and	87075
consent of the senate. Not more than five of the ten members other	87076
than the registrar shall be of any one political party, and of the	87077
ten:	87078

(A) Three shall represent the public and shall not have	87079
engaged in the business of selling motor vehicles at retail in	87080
this state;	87081

(B) Five shall have been engaged in the business of selling	87082
motor vehicles at retail in this state for at least five years and	87083
have been engaged in such business within two years prior to the	87084
date of their appointment. Of these five:	87085

(1) Three shall have been engaged in the sale of new motor	87086
vehicles;	87087

(2) One shall have been engaged in the business of selling	87088
~~manufactured homes, mobile homes, or~~ recreational vehicles at	87089
retail;	87090

(3) One shall have been engaged in the sale of used motor	87091
vehicles.	87092

(C) Two shall have been engaged in the leasing of motor	87093
vehicles.	87094

Terms of office of the ten members appointed by the governor	87095
shall be for three years, commencing on the fifth day of October	87096
and ending on the fourth day of October. Each member shall hold	87097
office from the date of the member's appointment until the end of	87098
the term for which the member was appointed. Any member appointed	87099
to fill a vacancy occurring prior to the expiration of the term	87100
for which the member's predecessor was appointed shall hold office	87101
for the remainder of such term. Any appointed member shall	87102
continue in office subsequent to the expiration date of the	87103
member's term until a successor takes office, or until a period of	87104
sixty days has elapsed, whichever occurs first. Annually the board	87105
shall organize by selecting from its members a president. Each	87106
appointed member of the board shall receive an amount fixed in	87107
accordance with division (J) of section 124.15 of the Revised	87108
Code, and shall be reimbursed for the actual and necessary	87109
expenses incurred in the discharge of the member's official	87110
duties.	87111

Sec. 4517.33. The motor vehicle dealers board shall hear	87112
appeals which may be taken from an order of the registrar of motor	87113
vehicles, refusing to issue a license. All appeals from any order	87114
of the registrar refusing to issue any license upon proper	87115
application must be taken within thirty days from the date of the	87116
order, or the order is final and conclusive. All appeals from	87117
orders of the registrar must be by petition in writing and	87118
verified under oath by the applicant whose application for license	87119
has been denied, and must set forth the reason for the appeal and	87120
the reason why, in the petitioner's opinion, the order of the	87121
registrar is not correct. In such appeals the board may make	87122
investigation to determine the correctness and legality of the	87123
order of the registrar.	87124

The board may make rules governing its actions relative to	87125
the suspension and revocation of dealers', motor vehicle leasing	87126
dealers', ~~manufactured home brokers',~~ distributors', auction	87127
owners', and salespersons' licenses, and may, upon its own motion,	87128
and shall, upon the verified complaint in writing of any person,	87129
investigate the conduct of any licensee under sections 4517.01 to	87130
4517.65 of the Revised Code. The board shall suspend or revoke or	87131
notify the registrar to refuse to renew any dealer's, motor	87132
vehicle leasing dealer's, ~~manufactured home broker's,~~	87133
distributor's, auction owner's, or salesperson's license, if any	87134
ground existed upon which the license might have been refused, or	87135
if a ground exists that would be cause for refusal to issue a	87136
license.	87137

The board may suspend or revoke any license if the licensee	87138
has in any manner violated the rules issued pursuant to sections	87139
4517.01 to 4517.65 of the Revised Code, or has violated section	87140
4501.02 of the Revised Code, or has been convicted of committing a	87141
felony or violating any law that in any way relates to the	87142
selling, taxing, licensing, or regulation of sales of motor	87143
vehicles.	87144

Sec. 4517.43. (A) The applications for licenses and the	87145
copies of contracts required by sections 4517.04, 4517.05,	87146
4517.051, ~~4517.052,~~ 4517.06, 4517.07, 4517.08, and 4517.09 of the	87147
Revised Code are not part of the public records but are	87148
confidential information for the use of the registrar of motor	87149
vehicles and the motor vehicle dealers board. No person shall	87150
divulge any information contained in such applications and	87151
acquired by the person in the person's capacity as an official or	87152
employee of the bureau of motor vehicles or of the board, except	87153
in a report to the registrar, to the board, or when called upon to	87154
testify in any court or proceeding.	87155

(B) Whoever violates this section is guilty of a minor	87156
misdemeanor.	87157

Sec. 4519.02. (A) Except as provided in divisions (B), (C),	87158
and (D) of this section, no person shall operate any snowmobile,	87159
off-highway motorcycle, or all-purpose vehicle within this state	87160
unless the snowmobile, off-highway motorcycle, or all-purpose	87161
vehicle is registered and numbered in accordance with sections	87162
4519.03 and 4519.04 of the Revised Code.	87163

(B)(1) No registration is required for a snowmobile or	87164
off-highway motorcycle that is operated exclusively upon lands	87165
owned by the owner of the snowmobile or off-highway motorcycle,	87166
or on lands to which the owner of the snowmobile or off-highway	87167
motorcycle has a contractual right.	87168

(2) No registration is required for an all-purpose vehicle	87169
that is used primarily ~~on a farm as a farm implement~~for	87170
agricultural purposes when the owner qualifies for the current	87171
agricultural use valuation tax credit, unless it is to be used on	87172
any public land, trail, or right-of-way.	87173

(3) Any all-purpose vehicle exempted from registration under	87174
division (B)(2) of this section and operated for agricultural	87175
purposes may use public roads and rights-of-way when traveling	87176
from one farm field to another, when such use does not violate	87177
section 4519.41 of the Revised Code.	87178

(C) No registration is required for a snowmobile, off-highway	87179
motorcycle, or all-purpose vehicle owned and used in this state by	87180
a resident of another state whenever that state has in effect a	87181
registration law similar to this chapter and the snowmobile,	87182
off-highway motorcycle, or all-purpose vehicle is properly	87183
registered under that state's law. Any snowmobile, off-highway	87184
motorcycle, or all-purpose vehicle owned and used in this state by	87185
a resident of a state not having a registration law similar to	87186
this chapter shall comply with section 4519.09 of the Revised	87187
Code.	87188

(D) No registration is required for a snowmobile, off-highway	87189
motorcycle, or all-purpose vehicle owned and used in this state by	87190
the United States, another state, or a political subdivision	87191
thereof, but the snowmobile, off-highway motorcycle, or	87192
all-purpose vehicle shall display the name of the owner thereon.	87193

(E) The owner or operator of any all-purpose vehicle operated	87194
or used upon the waters in this state shall comply with Chapters	87195
1547. and 1548. of the Revised Code relative to the operation of	87196
watercraft.	87197

(F) Except as otherwise provided in this division, whoever	87198
violates division (A) of this section shall be fined not less	87199
than fifty dollars but not more than one hundred dollars.	87200

Sec. 4519.03. (A) The owner of every snowmobile,	87201
off-highway motorcycle, and all-purpose vehicle required to be	87202
registered under section 4519.02 of the Revised Code shall file	87203
an application for registration with the registrar of motor	87204
vehicles or a deputy registrar, on blanks furnished by the	87205
registrar for that purpose and containing all of the following	87206
information:	87207

(1) A brief description of the snowmobile, off-highway	87208
motorcycle, or all-purpose vehicle, including the year, make,	87209
model, and the vehicle identification number;	87210

(2) The name, residence, and business address of the owner;

87211

(3) A statement that the snowmobile, off-highway motorcycle,	87212
or all-purpose vehicle is equipped as required by section 4519.20	87213
of the Revised Code and any rule adopted under that section. The	87214
statement shall include a check list of the required equipment	87215
items in the form the registrar shall prescribe.	87216

The application shall be signed by the owner of the	87217
snowmobile, off-highway motorcycle, or all-purpose vehicle and	87218
shall be accompanied by a fee as provided in division (C) of	87219
section 4519.04 of the Revised Code.	87220

If the application is not in proper form, or if the vehicle	87221
for which registration is sought does not appear to be equipped as	87222
required by section 4519.20 of the Revised Code or any rule	87223
adopted under that section, the registration shall be refused, and	87224
no registration sticker, license plate, or validation sticker	87225
shall be issued.	87226

(B) ~~On and after July 1, 1999, no~~Except as provided in this	87227
division, no certificate of registration or renewal of a	87228
certificate of registration shall be issued for an off-highway	87229
motorcycle or all-purpose vehicle required to be registered under	87230
section 4519.02 of the Revised Code, and no certificate of	87231
registration issued under this chapter for an off-highway	87232
motorcycle or all-purpose vehicle that is sold or otherwise	87233
transferred shall be transferred to the new owner of the	87234
off-highway motorcycle or all-purpose vehicle as permitted by	87235
division (B) of section 4519.05 of the Revised Code, unless a	87236
certificate of title has been issued under this chapter for the	87237
motorcycle or vehicle, and the owner or new owner, as the case may	87238
be, presents a physical certificate of title or memorandum	87239
certificate of title for inspection at the time the owner or new	87240
owner first submits a registration application, registration	87241
renewal application, or registration transfer application for the	87242
motorcycle or vehicle ~~on or after July 1, 1999,~~ if a physical	87243
certificate of title or memorandum certificate has been issued by	87244
a clerk of a court of common pleas. If, under sections 4519.512	87245
and 4519.58 of the Revised Code, a clerk instead has issued an	87246
electronic certificate of title for the applicant's off-highway	87247
motorcycle or all-purpose vehicle, that certificate may be	87248
presented for inspection at the time of first registration in a	87249
manner prescribed by rules adopted by the registrar. In the case	87250
of an off-highway motorcycle or all-purpose vehicle that was	87251
purchased prior to October 1, 2005, and for which a certificate of	87252
title has not been issued, the owner shall not be required to	87253
present a physical certificate of title or memorandum certificate	87254
of title or an electronic certificate of title for the motorcycle	87255
or vehicle but instead may present a signed affidavit of ownership	87256
in a form prescribed by the registrar. The affidavit shall	87257
include, at a minimum, the date of purchase, make, model, and	87258
vehicle identification number of the motorcycle or vehicle. If no	87259
vehicle identification number has been assigned to the off-highway	87260
motorcycle or all-purpose vehicle, then the serial number of the	87261
motorcycle or vehicle shall be presented at the time of	87262
application.	87263

(C) When the owner of an off-highway motorcycle or	87264
all-purpose vehicle first registers it in the owner's name, and a	87265
certificate of title has been issued for the motorcycle or	87266
vehicle, the owner shall present for inspection a physical	87267
certificate of title or memorandum certificate of title showing	87268
title to the off-highway motorcycle or all-purpose vehicle in the	87269
name of the owner if a physical certificate of title or memorandum	87270
certificate has been issued by a clerk of a court of common pleas.	87271
If, under sections 4519.512 and 4519.58 of the Revised Code, a	87272
clerk instead has issued an electronic certificate of title for	87273
the applicant's off-highway motorcycle or all-purpose vehicle,	87274
that certificate may be presented for inspection at the time of	87275
first registration in a manner prescribed by rules adopted by the	87276
registrar. In the case of an off-highway motorcycle or all-purpose	87277
vehicle that was purchased prior to October 1, 2005, and for which	87278
a certificate of title has not been issued, the owner shall not be	87279
required to present a physical certificate of title or memorandum	87280
certificate of title or an electronic certificate of title for the	87281
motorcycle or vehicle but instead may present a signed affidavit	87282
of ownership in a form prescribed by the registrar. The affidavit	87283
shall include, at a minimum, the date of purchase, make, model,	87284
and vehicle identification number of the motorcycle or vehicle. If	87285
no vehicle identification number has been assigned to the	87286
off-highway motorcycle or all-purpose vehicle, then the serial	87287
number of the motorcycle or vehicle shall be presented at the time	87288
of application. If, when the owner of such an off-highway	87289
motorcycle or all-purpose vehicle first makes application to	87290
register it in the owner's name, the application is not in proper	87291
form or the certificate of title or memorandum certificate of	87292
title does not accompany the registration or, in the case of an	87293
electronic certificate of title or ownership affidavit, it is not	87294
presented in a manner prescribed by the registrar, the	87295
registration shall be refused, and neither a certificate of	87296
registration nor a registration sticker, license plate, or	87297
validation sticker shall be issued. When a certificate of	87298
registration and registration sticker, license plate, or	87299
validation sticker are issued upon the first registration of an	87300
off-highway motorcycle or all-purpose vehicle by or on behalf of	87301
the owner, the official issuing them shall indicate the issuance	87302
with a stamp on the certificate of title or, memorandum	87303
certificate of title, or affidavit, or, in the case of an	87304
electronic certificate of title, an electronic stamp or other	87305
notation as specified in rules adopted by the registrar.	87306

(D) Each deputy registrar shall be allowed a fee of three	87307
dollars and fifty cents for each application or renewal	87308
application received by the deputy registrar, which shall be for	87309
the purpose of compensating the deputy registrar for services, and	87310
office and rental expense, as may be necessary for the proper	87311
discharge of the deputy registrar's duties in the receiving of	87312
applications and the issuing of certificates of registration.	87313

Each deputy registrar, upon receipt of any application for	87314
registration, together with the registration fee, shall transmit	87315
the fee, together with the original and duplicate copy of the	87316
application, to the registrar in the manner and at the times the	87317
registrar, subject to the approval of the director of public	87318
safety and the treasurer of state, shall prescribe by rule.	87319

Sec. 4519.04. (A) Upon the filing of an application for	87320
registration of a snowmobile, off-highway motorcycle, or	87321
all-purpose vehicle and the payment of the tax therefor, the	87322
registrar of motor vehicles or a deputy registrar shall assign to	87323
the snowmobile, off-highway motorcycle, or all-purpose vehicle a	87324
distinctive number and issue and deliver to the owner in such	87325
manner as the registrar may select, a certificate of registration,	87326
in such form as the registrar shall prescribe. Any number so	87327
assigned to a snowmobile, off-highway motorcycle, or all-purpose	87328
vehicle shall be a permanent number, and shall not be issued to	87329
any other snowmobile, off-highway motorcycle, or all-purpose	87330
vehicle.	87331

(B)(1) In addition to the certificate of registration, the	87332
registrar or deputy registrar also shall issue to the owner of a	87333
snowmobile or off-highway motorcycle atwo decal registration	87334
~~sticker~~stickers. The registrar shall prescribe the color and	87335
size of the ~~sticker,~~stickers and the combination of numerals and	87336
letters displayed on ~~it, and~~them. The placement of the ~~sticker~~	87337
decal stickers shall be one on ~~the snowmobile or off-highway~~	87338
~~motorcycle.~~	87339

~~Upon receipt of a certificate of registration for a~~	87340
~~snowmobile, the owner shall paint or otherwise attach upon each~~	87341
either side of the forward cowling ~~of the snowmobile the~~	87342
~~identifying registration number, in block characters of not less~~	87343
~~than two inches in height and of such color as to be distinctly~~	87344
~~visible and legible~~or fuel tank.	87345

(2) The registrar or deputy registrar also shall issue to the	87346
owner of an all-purpose vehicle, in addition to the certificate of	87347
registration, one license plate and a validation sticker, or a	87348
validation sticker alone when applicable upon a registration	87349
renewal. The license plate and validation sticker shall be	87350
displayed on the all-purpose vehicle so that they are distinctly	87351
visible, in accordance with such rules as the registrar adopts.	87352
The validation sticker shall indicate the expiration date of the	87353
registration period of the all-purpose vehicle. During each	87354
succeeding registration period following the issuance of the	87355
license plate and validation sticker, upon the filing of an	87356
application for registration and payment of the fee specified in	87357
division (C) of this section, a validation sticker alone shall be	87358
issued.	87359

(C) Unless previously canceled, each certificate of	87360
registration issued for a snowmobile, off-highway motorcycle, or	87361
all-purpose vehicle expires upon the thirty-first day of December	87362
in the third year after the date it is issued. Application for	87363
renewal of a certificate may be made not earlier than ninety days	87364
preceding the expiration date, and shall be accompanied by a fee	87365
of ~~thirty-one~~thirty-two dollars and twenty-five cents.	87366

Notwithstanding section 4519.11 of the Revised Code, of each	87367
~~thirty-one~~thirty-two dollar and twenty-five-cent fee collected	87368
for the registration of ana snowmobile, off-highway motorcycle,	87369
or all-purpose vehicle, the registrar shall retain not more than	87370
~~five~~six dollars to pay for the licensing and registration costs	87371
the bureau of motor vehicles incurs in registering the	87372
snowmobile, off-highway motorcycle, or all-purpose vehicle. The	87373
remainder of the fee shall be deposited into the state treasury	87374
to the credit of the state recreational vehicle fund created by	87375
section 4519.11 of the Revised Code.	87376

Sec. 4519.44. (A) No person who does not hold a valid,	87377
current motor vehicle driver's or commercial driver's license,	87378
motorcycle operator's endorsement, or probationary license, issued	87379
under Chapter 4506. or 4507. of the Revised Code or a valid,	87380
current driver's license issued by another jurisdiction, shall	87381
operate a snowmobile, off-highway motorcycle, or all-purpose	87382
vehicle on any street or highway in this state, on any portion of	87383
the right-of-way thereof, or on any public land or waters.	87384

(B) No person who is less than sixteen years of age shall	87385
operate a snowmobile, off-highway motorcycle, or all-purpose	87386
vehicle on any land or waters other than private property or	87387
waters owned by or leased to the person's parent or guardian,	87388
unless accompanied by another person who is eighteen years of age,	87389
or older, and who holds a license as provided in division (A) of	87390
this section, except that the department of natural resources may	87391
permit such operation on state controlled land under its	87392
jurisdiction when such person is less than sixteen years of age,	87393
~~but is twelve years of age or older~~ and is accompanied by a parent	87394
or guardian who is a licensed driver eighteen years of age or	87395
older.	87396

(C) Whoever violates this section shall be fined not less	87397
than fifty nor more than five hundred dollars, imprisoned not less	87398
than three nor more than thirty days, or both.	87399

Sec. 4519.59. (A)(1) The clerk of a court of common pleas	87400
shall charge and retain fees as follows:	87401

(a) Fifteen dollars for each certificate of title or	87402
duplicate certificate of title including the issuance of a	87403
memorandum certificate of title, authorization to print a	87404
non-negotiable evidence of ownership described in division (D) of	87405
section 4519.58 of the Revised Code, non-negotiable evidence of	87406
ownership printed by the clerk under division (E) of that section,	87407
and notation of any lien on a certificate of title that is applied	87408
for at the same time as the certificate of title. The clerk shall	87409
retain eleven dollars and fifty cents of that fee for each	87410
certificate of title when there is a notation of a lien or	87411
security interest on the certificate of title, twelve dollars and	87412
twenty-five cents when there is no lien or security interest noted	87413
on the certificate of title, and eleven dollars and fifty cents	87414
for each duplicate certificate of title.	87415

(b) Five dollars for each certificate of title with no	87416
security interest noted that is issued to a licensed motor vehicle	87417
dealer for resale purposes. The clerk shall retain two dollars and	87418
twenty-five cents of that fee.	87419

(c) Five dollars for each memorandum certificate of title or	87420
non-negotiable evidence of ownership that is applied for	87421
separately. The clerk shall retain that entire fee.	87422

(2) The fees that are not retained by the clerk shall be	87423
paid to the registrar of motor vehicles by monthly returns, which	87424
shall be forwarded to the registrar not later than the fifth day	87425
of the month next succeeding that in which the certificate is	87426
forwarded or that in which the registrar is notified of a lien or	87427
cancellation of a lien.	87428

(B)(1) The registrar shall pay twenty-five cents of the	87429
amount received for each certificate of title that is issued to a	87430
motor vehicle dealer for resale ~~and~~, one dollar for ~~all other~~	87431
certificates of title issued with a lien or security interest	87432
noted on the certificate of title, and twenty-five cents for each	87433
certificate of title with no lien or security interest noted on	87434
the certificate of title into the state bureau of motor vehicles	87435
fund established in section 4501.25 of the Revised Code.	87436

(2) Fifty cents of the amount received for each certificate	87437
of title shall be paid by the registrar as follows:	87438

(a) Four cents shall be paid into the state treasury to the	87439
credit of the motor vehicle dealers board fund created in section	87440
4505.09 of the Revised Code, for use as described in division	87441
(B)(2)(a) of that section.	87442

(b) Twenty-one cents shall be paid into the highway operating	87443
fund.	87444

(c) Twenty-five cents shall be paid into the state treasury	87445
to the credit of the motor vehicle sales audit fund created in	87446
section 4505.09 of the Revised Code, for use as described in	87447
division (B)(2)(c) of that section.	87448

(3) Two dollars of the amount received by the registrar for	87449
each certificate of title shall be paid into the state treasury to	87450
the credit of the automated title processing fund created in	87451
section 4505.09 of the Revised Code, for use as described in	87452
divisions (B)(3)(a) and (c) of that section.	87453

Sec. 4549.10. (A) No person shall operate or cause to be	87454
operated upon a public road or highway a motor vehicle of a	87455
manufacturer or dealer unless the vehicle carries and displays two	87456
placards, except as provided in section 4503.21 of the Revised	87457
Code, issued by the director of public safety that bear the	87458
registration number of its manufacturer or dealer.	87459

(B) Whoever violates division (A) of this section is guilty	87460
of illegal operation of a manufacturer's or dealer's motor	87461
vehicle, a minor misdemeanor ~~on a first offense and a misdemeanor~~	87462
~~of the fourth degree on each subsequent offense~~.	87463

Sec. 4549.12. (A) No person who is the owner of a motor	87464
vehicle and a resident of this state shall operate or drive the	87465
motor vehicle upon the highways of this state, while it displays a	87466
distinctive number or identification mark issued by or under the	87467
authority of another state, without complying with the laws of	87468
this state relating to the registration and identification of	87469
motor vehicles.	87470

(B) Whoever violates division (A) of this section is guilty	87471
of illegal operation by a resident of this state of a motor	87472
vehicle bearing the distinctive number or identification mark	87473
issued by a foreign jurisdiction, a minor misdemeanor ~~on a first~~	87474
~~offense and a misdemeanor of the fourth degree on each subsequent~~	87475
~~offense~~.	87476

Sec. 4582.71. (A) As used in this section:

87477

(1) "Bond proceedings" means, with respect to obligations	87478
authorized under this section, the resolutions, certifications and	87479
agreements, including without limitation a venture capital	87480
agreement, the loan documents and any trust agreements, and any	87481
authorized credit enhancement facilities or swaps or other hedging	87482
instruments, and amendments or supplements thereto, or to any one	87483
or more or combination of them, authorizing, awarding, or	87484
providing for the terms and conditions applicable to or providing	87485
for the security or liquidity of, the particular obligations, and	87486
the provisions contained in those obligations.	87487

(2) "Issuing authority" means a port authority that, pursuant	87488
to a venture capital agreement, issues or issued obligations to	87489
fund one or more loans to the program fund.	87490

(3) "Loan" means an extension of credit to or in aid of the	87491
program fund in any form, including loans to lenders or the	87492
purchase of loans, including the purchase for cancellation of any	87493
loan, and evidenced in any manner including, without limitation,	87494
by a loan agreement, a promissory note, a bond, note, certificate	87495
of participation or other security, a letter of credit and	87496
reimbursement agreement or other credit facility, or a standby	87497
bond or note purchase agreement, line of credit or other liquidity	87498
facility, and including, in any event, any related swap or other	87499
hedging instrument.	87500

(4) "Obligations" means, as applicable to the issuing	87501
authority, bonds, notes, or other forms or evidences of obligation	87502
constituting revenue bonds as that term is used in division (A)(4)	87503
of section 4582.06 of the Revised Code, or port authority revenue	87504
bonds as that term is used in section 4582.48 and division (A)(8)	87505
of section 4582.31 of the Revised Code, which obligations are	87506
issued by the issuing authority pursuant to the bond proceedings	87507
and this section.	87508

(5) "Port authority" means a port authority organized and	87509
existing under Chapter 4582. of the Revised Code.	87510

(6) "Research and development costs" means costs of or in	87511
support of or related to the implementation of research and	87512
development purposes including, without limitation, capital	87513
formation, direct operating costs, costs of research and	87514
facilities, including interests in real property therefor, and	87515
other support, and costs of making grants, loans, including loans	87516
to lenders or the purchase of loans, subsidies, contributions,	87517
advances or guarantees, or direct investments in, or payment, or	87518
reimbursement from available moneys for, implementing research and	87519
development purposes consistent with Section 2p of Article VIII,	87520
Ohio Constitution, and the investment policy adopted by the	87521
venture capital authority pursuant to section 150.03 of the	87522
Revised Code, and includes financing charges, amounts necessary to	87523
establish the reserves required pursuant to the bond proceedings,	87524
interest on loans including loans purchased for cancellation,	87525
interest on the obligations from their date until the time	87526
determined in the bond proceedings when interest is to be paid	87527
from sources other than the proceeds of obligations, legal	87528
expenses and other costs of or related to the issuance of	87529
obligations, estimates of costs and revenues or other expenses	87530
necessary or incident to determining the feasibility or	87531
practicability of the financing of any research and development	87532
costs with proceeds of obligations or other sources,	87533
administrative expenses related to obligations, and the	87534
application of the proceeds of obligations, including fees of the	87535
issuing authority, any trustee, and any other costs and expenses	87536
reasonably necessary or incident thereto or to the financing of	87537
research and development costs, and costs described in this	87538
division incurred prior to the issuance of obligations and paid,	87539
advanced, or borrowed by an issuing authority, the venture capital	87540
authority, the program fund or other public or private person or	87541
entity, which costs may be reimbursed from the proceeds of such	87542
obligations. "Research and development costs" does not include any	87543
otherwise qualifying costs that are in support of the purposes	87544
provided for in Section 15 of Article VIII, Ohio Constitution.	87545

(7) "Tax credits" means the refundable tax credits authorized	87546
by section 150.07 of the Revised Code and to be issued by the	87547
venture capital authority to any lender.	87548

(8) "Venture capital agreement" means an agreement between	87549
the venture capital authority and an issuing authority entered	87550
into under division (E) of section 150.02 of the Revised Code.	87551

(9) "Venture capital authority" means the Ohio venture	87552
capital authority established under section 150.02 of the Revised	87553
Code.	87554

(10) "Lender," "program fund," and "research and development	87555
purposes" have the same meanings as in section 150.01 of the	87556
Revised Code.	87557

(B) In addition to other authorized purposes of a port	87558
authority, activities authorized by Section 2p of Article VIII,	87559
Ohio Constitution, shall be authorized purposes of port	87560
authorities.	87561

(C) An issuing authority may issue obligations pursuant to	87562
this section and Section 2p of Article VIII, Ohio Constitution, to	87563
make loans to the program fund to provide for research and	87564
development costs. The proceeds of the obligations shall be used	87565
to make loans to provide for research and development costs and	87566
all such proceeds shall be so used in accordance with the bond	87567
proceedings.	87568

(D) Except to any extent inconsistent with this section, all	87569
terms, provisions, and authorizations in Chapter 4582. of the	87570
Revised Code as applicable to the issuing authority, and the	87571
terms, provisions, and authorizations of sections 9.96, 9.98,	87572
9.981, 9.982, and 9.983 of the Revised Code apply to the	87573
obligations and the bond proceedings except as otherwise provided	87574
or provided for in those obligations and bond proceedings. The	87575
obligations shall be secured by a trust agreement between the	87576
issuing authority and a trustee, and such trust agreement, and the	87577
establishment, deposit, investment and application of special	87578
funds, and the safeguarding of moneys shall be governed by the	87579
bond proceedings and by Chapter 4582. of the Revised Code, as	87580
applicable to the issuing authority. Pursuant to the trust	87581
agreement and other bond proceedings, there shall be established,	87582
in addition to any other special funds in the custody of the	87583
trustee, one or more funds into which shall be deposited the	87584
proceeds of the obligations and the revenues pledged to the	87585
payment of the obligations, including a reserve fund in an amount	87586
established in, and to be funded as provided in, the bond	87587
proceedings.	87588

(E) The issuing authority, the trustee, or both shall be	87589
authorized under the venture capital agreement to receive and	87590
claim tax credits in accordance with division (E) of section	87591
150.07 of the Revised Code, and the holders of the obligations, or	87592
any book-entry interests therein, shall have no rights with	87593
respect to the tax credits except any right established under the	87594
applicable trust agreement to direct the trustee to take, or	87595
require the issuing authority to take, the actions necessary to	87596
receive and claim any available tax credits. Upon receipt of any	87597
tax credits issued by the venture capital authority, the issuing	87598
authority or the trustee shall, within the times required by law,	87599
file an appropriate tax return to claim the applicable tax credits	87600
and, upon receipt of the proceeds of any such tax credits, an	87601
issuing authority shall promptly deliver to the trustee for	87602
deposit, and the trustee shall upon receipt deposit, such proceeds	87603
into the funds established in accordance with division (D) of this	87604
section.	87605

(F) The venture capital authority, the director of	87606
development, or the tax commissioner may covenant in the bond	87607
proceedings, and such covenants shall be controlling	87608
notwithstanding any other provision of law, that the state and	87609
applicable officers and state agencies, including the general	87610
assembly, so long as any obligations issued under this section are	87611
outstanding, shall maintain statutory authority for and shall	87612
authorize, issue, and deliver fully refundable tax credits in such	87613
amounts and for such periods, subject to the limitation in section	87614
150.07 of the Revised Code on the date of such covenant, so that	87615
the tax credits will be sufficient, subject to such limits, in	87616
time and amount to meet debt service on the obligations and for	87617
the establishment and maintenance of any reserves and other	87618
requirements provided for in the bond proceedings. The general	87619
assembly may from time to time repeal any of the taxes against	87620
which the tax credits may be claimed, and may authorize the tax	87621
credits to be claimed with respect to any new tax to meet any such	87622
covenant made in the bond proceedings, provided that, so long as	87623
any obligations issued under this section are outstanding, nothing	87624
in this division authorizes any impairment of a covenant to	87625
maintain statutory authority for and to authorize, issue, and	87626
deliver fully refundable tax credits sufficient, subject to	87627
applicable limits, to meet the commitments made in any such	87628
covenant.	87629

(G) The obligations do not constitute a debt, or a pledge of	87630
the faith and credit, of the state, the issuing authority or any	87631
political subdivision of the state, and the holders or owners of	87632
the obligations have no right to have taxes levied by the general	87633
assembly or the taxing authority of the issuing authority or any	87634
political subdivision of the state for the payment of the	87635
principal of or interest on the obligations, but the obligations	87636
are payable solely from the revenues and funds pledged for their	87637
payment as authorized in or pursuant to this section and the bond	87638
proceedings, and the obligations shall contain on the face thereof	87639
a statement to the effect that the obligations, as to both	87640
principal and interest, are not debts of the state, the issuing	87641
authority, or any political subdivision of the state, but are	87642
payable solely from the revenues and funds pledged for their	87643
payment.	87644

(H) This section is intended to implement Section 2p of	87645
Article VIII, Ohio Constitution, including provision for	87646
procedures for incurring and issuing obligations of local public	87647
entities and agencies authorized by that section, and shall be	87648
liberally construed to effect the purposes of that section. The	87649
powers and authorizations granted in this section may be exercised	87650
jointly or separately by one or more issuing authorities and are	87651
in addition to and supplemental to the powers and authorizations	87652
otherwise granted to port authorities under applicable provisions	87653
of Chapter 4582. of the Revised Code and shall not be construed as	87654
a limitation on any such powers or authorizations.	87655

Sec. 4705.09. (A)(1) Any person admitted to the practice of	87656
law in this state by order of the supreme court in accordance with	87657
its prescribed and published rules, or any law firm or legal	87658
professional association, may establish and maintain an	87659
interest-bearing trust account, for purposes of depositing client	87660
funds held by the attorney, firm, or association that are nominal	87661
in amount or are to be held by the attorney, firm, or association	87662
for a short period of time~~, with any bank, savings bank, or~~	87663
~~savings and loan association that is authorized to do business in~~	87664
~~this state and is insured by the federal deposit insurance~~	87665
~~corporation or the successor to that corporation, or any credit~~	87666
~~union insured by the national credit union administration~~	87667
~~operating under the "Federal Credit Union Act," 84 Stat. 994~~	87668
~~(1970), 12 U.S.C.A. 1751, or insured by a credit union share~~	87669
~~guaranty corporation established under Chapter 1761. of the~~	87670
~~Revised Code~~. ~~Each~~	87671

(2) The account established under division (A) of this	87672
section shall be established and maintained at an eligible	87673
depository.	87674

(3) Each account established under ~~this~~ division (A) of this	87675
section shall be in the name of the attorney, firm, or association	87676
that established and is maintaining it and shall be identified as	87677
an IOLTA or an interest on lawyer's trust account. The name of the	87678
account may contain additional identifying features to distinguish	87679
it from other trust accounts established and maintained by the	87680
attorney, firm, or association.	87681

~~(2)~~(4) Each attorney who receives funds belonging to a client	87682
shall do one of the following:	87683

(a) Establish and maintain one or more interest-bearing trust	87684
accounts in accordance with division (A)(1) of this section or	87685
maintain one or more interest-bearing trust accounts previously	87686
established in accordance with that division, and deposit all	87687
client funds held that are nominal in amount or are to be held by	87688
the attorney for a short period of time in the account or	87689
accounts;	87690

(b) If the attorney is affiliated with a law firm or legal	87691
professional association, comply with division (A)~~(2)~~(4)(a) of	87692
this section or deposit all client funds held that are nominal in	87693
amount or are to be held by the attorney for a short period of	87694
time in one or more interest-bearing trust accounts established	87695
and maintained by the firm or association in accordance with	87696
division (A)(1) of this section.	87697

~~(3)~~(5) No funds belonging to any attorney, firm, or legal	87698
professional association shall be deposited in any	87699
interest-bearing trust account established under division (A)~~(1)~~	87700
~~or (2)~~ of this section, except that funds sufficient to establish	87701
the account or to pay or enable a waiver of depository institution	87702
service charges on the account shall be deposited in the account	87703
and other funds belonging to the attorney, firm, or association	87704
may be deposited as authorized by the ~~Code of Professional~~	87705
~~Responsibility~~Rules of Professional Conduct adopted by the	87706
supreme court. The determinations of whether funds held are	87707
nominal or more than nominal in amount and of whether funds are to	87708
be held for a short period or longer than a short period of time	87709
rests in the sound judgment of the particular attorney. No	87710
imputation of professional misconduct shall arise from the	87711
attorney's exercise of judgment in these matters.	87712

(B) All interest earned on funds deposited in an	87713
interest-bearing trust account established under division (A)~~(1)~~	87714
~~or (2)~~ of this section shall be transmitted to the treasurer of	87715
state for deposit in the legal aid fund established under section	87716
120.52 of the Revised Code. No part of the interest earned on	87717
funds deposited in an interest-bearing trust account established	87718
under division (A)~~(1) or (2)~~ of this section shall be paid to, or	87719
inure to the benefit of, the attorney, the attorney's law firm or	87720
legal professional association, the client or other person who	87721
owns or has a beneficial ownership of the funds deposited, or any	87722
other account, person, or entity other than in accordance with	87723
this section, section 4705.10, and sections 120.51 to 120.55 of	87724
the Revised Code.	87725

(C) No liability arising out of any act or omission by any	87726
attorney, law firm, or legal professional association with respect	87727
to any interest-bearing trust account established under division	87728
(A)~~(1) or (2)~~ of this section shall be imputed to the depository	87729
institution.	87730

(D) The supreme court may adopt and enforce rules of	87731
professional conduct that pertain to the use, by attorneys, law	87732
firms, or legal professional associations, of interest-bearing	87733
trust accounts established under division (A)~~(1) or (2)~~ of this	87734
section, and that pertain to the enforcement of division (A)~~(2)~~ of	87735
this section. Any rules adopted by the supreme court under this	87736
authority shall conform to the provisions of this section, section	87737
4705.10, and sections 120.51 to 120.55 of the Revised Code and any	87738
rules adopted by the Ohio legal assistance foundation pursuant to	87739
section 120.52 of the Revised Code.	87740

(E) As used in this section, "eligible depository" has the	87741
same meaning as in section 3953.231 of the Revised Code.	87742

Sec. 4705.10. (A) All of the following apply to an	87743
interest-bearing trust account established under authority of	87744
section 4705.09 of the Revised Code:	87745

(1) All funds ~~in the~~shall be deposited into an IOLTA account	87746
product at an eligible depository and shall be subject to	87747
withdrawal upon request and without delay, or as soon as is	87748
permitted by federal law;	87749

(2)(a) The approved rate of interest payable on the account	87750
shall ~~not be less than the~~equal or exceed the highest interest	87751
rate or dividend rate paid by the eligible depository ~~institution~~	87752
~~to regular, nonattorney depositors~~on its account products that	87753
are not IOLTA account products. ~~Higher~~The eligible depository	87754
shall pay on its IOLTA account product any higher rates offered by	87755
~~the institution to customers whose deposits exceed certain time or~~	87756
~~quantity qualifications, such as those offered in the form of~~	87757
~~certificates of deposit, may be obtained by a person or law firm~~	87758
~~establishing the account if there is no impairment of the right to~~	87759
~~withdraw or transfer principal immediately~~it on its account	87760
products that are not IOLTA account products.	87761

(b) In paying not less than the highest interest rate or	87762
dividend paid by the eligible depository on its account products	87763
that are not IOLTA account products, an eligible depository shall	87764
do both of the following:	87765

(i) For IOLTA accounts with balances of less than one	87766
hundred thousand dollars, pay a rate that equals or exceeds the	87767
highest rate paid on its business checking account paying	87768
preferred interest rates, such as money market or indexed rates,	87769
or any other similar, suitable interest-bearing account offered by	87770
the eligible depository on its account products that are not IOLTA	87771
account products;	87772

(ii) For IOLTA accounts with balances of one hundred	87773
thousand dollars or more, pay a rate that equals or exceeds the	87774
highest rate paid on its business checking account with an	87775
automated investment feature, such as an overnight sweep account,	87776
business investment or other similar premium checking account,	87777
short-term jumbo certificate of deposit, money market account, or	87778
any other similar, suitable interest-bearing account offered by	87779
the eligible depository on its account products that are not IOLTA	87780
account products.	87781

(c) In determining the highest interest rate or dividend paid	87782
by the eligible depository on its account products that are not	87783
IOLTA account products, an eligible depository shall consider the	87784
rates it offers its customers from internal rate sheets or through	87785
preferred or negotiated rates on a per customer basis. In	87786
considering the rate for the IOLTA account product, the eligible	87787
depository may also take into consideration and discount for	87788
factors such as fees paid by the account-holder, time commitments,	87789
and withdrawal limitations on other account products. The eligible	87790
depository shall not use these factors to preclude consideration	87791
of the rates paid on one or more of its account products that are	87792
not IOLTA account products in the eligible depository's	87793
establishment of a rate for the IOLTA account product.	87794

(d) If an eligible depository determines that it is unable to	87795
pay the rate required under this division during any reporting	87796
period, the eligible depository may request from the Ohio legal	87797
assistance foundation a waiver from the approved rate requirement	87798
for that reporting period. If an eligible depository requests a	87799
waiver from the approved rate requirement, the eligible depository	87800
shall demonstrate in the form and manner prescribed in rules	87801
adopted by the Ohio legal assistance foundation pursuant to	87802
section 120.52 of the Revised Code that the rates of interest paid	87803
on its IOLTA account product are generally not less than the	87804
highest rates paid by the eligible depository on its account	87805
products that are not IOLTA account products. At a minimum, the	87806
eligible depository shall demonstrate by an independent,	87807
third-party auditor's certification that not more than five per	87808
cent of the eligible depository's account products that are not	87809
IOLTA account products with an average daily balance of greater	87810
than or equal to one hundred thousand dollars have rates that are	87811
higher than the rate paid on the its IOLTA account product during	87812
the same reporting period.	87813

(3) The ~~depository institution shall be directed, by the~~	87814
person or law firm establishing the account,shall direct the	87815
eligible depository to do all of the following:	87816

(a) Remit by the fifteenth day of each month interest or	87817
dividends, whichever is applicable, on the average monthly balance	87818
in the account earned in the preceding month or as otherwise	87819
computed in accordance with the ~~institution's~~eligible	87820
depository's standard accounting practice~~, less reasonable service~~	87821
~~charges,~~ to the treasurer of state ~~at least quarterly~~ for deposit	87822
in the legal aid fund established under section 120.52 of the	87823
Revised Code;	87824

(b) Transmit to the treasurer of state, ~~upon its request,~~ to	87825
the Ohio Legal Assistance Foundation, and if requested, to the	87826
depositing attorney, law firm, or legal professional association	87827
upon the attorney's, firm's, or association's request, at the time	87828
of each remittance required by division (A)(3)(a) of this section,	87829
a statement showing the name of the attorney for whom or the law	87830
firm or legal professional association for which the remittance is	87831
sent, the comparable accounts or product types and the rates paid,	87832
as required in division (A)(2)(b) of this section, the rate of	87833
interest applied, the accounting period, the net amount remitted	87834
to the treasurer of state for each account, the total remitted,	87835
the average account balance for each month of the period for which	87836
the report is made, and the amount deducted for service charges	87837
assessed to and paid by the account holder or other party;	87838

~~(4) The depository institution shall notify~~(c) Notify the	87839
office of disciplinary counsel or other entity designated by the	87840
supreme court on each occasion when a properly payable instrument	87841
is presented for payment from the account, and the account	87842
contains insufficient funds~~. The depository institution shall~~,	87843
provide this notice without regard to whether the instrument is	87844
honored by the eligible depository ~~institution. The depository~~	87845
~~institution shall~~, provide the notice described in division	87846
(A)~~(4)~~(3)(c) of this section by electronic or other means within	87847
five banking days of the date that the instrument was honored or	87848
returned as dishonored~~. The~~, and include in the notice ~~shall~~	87849
~~contain~~ all of the following:	87850

~~(a)~~(i) The name and address of the eligible depository	87851
~~institution~~;	87852

~~(b)~~(ii) The name and address of the lawyer, law firm, or	87853
legal professional association that maintains the account;	87854

~~(c)~~(iii) The account number and either the amount of the	87855
overdraft and the date issued or the amount of the dishonored	87856
instrument and the date returned.	87857

(B)(1) The statements and reports of individual depositor	87858
information made under ~~divisions~~division (A)(3) ~~and (4)~~ of this	87859
section are confidential and are not public records subject to	87860
section 149.43 of the Revised Code and shall be used by the Ohio	87861
legal assistance foundation only for purposes of administering the	87862
legal aid fund and by the supreme court for enforcement of the	87863
rules of professional conduct adopted by the supreme court.	87864

(2) A depository institution may charge the lawyer, law firm,	87865
or legal professional association that maintains the account with	87866
fees associated with producing and mailing a notice required by	87867
division (A)~~(4)~~(3)(c) of this section but shall not deduct such	87868
fees from the interest earned on the account.	87869

87870

(1) "Approved rate" and "eligible depository" have the same	87871
meaning as in section 3953.231 of the Revised Code.	87872

(2) "IOLTA account product" means a separate and unique	87873
product offered by an eligible depository that is used exclusively	87874
for the deposit of funds transferred electronically or otherwise,	87875
cash, money orders, or negotiable instruments that are received by	87876
an attorney that is used to hold client funds and fully complies	87877
with the account requirements of sections 120.52, 4705.09, and	87878
4705.10 of the Revised Code.	87879

Sec. 4709.12. (A) The barber board shall charge and collect	87880
the following fees:	87881

(1) For the application to take the barber examination,	87882
ninety dollars;	87883

(2) For an application to retake any part of the barber	87884
examination, forty-five dollars;	87885

(3) For the initial issuance of a license to practice as a	87886
barber, thirty dollars;	87887

(4) For the biennial renewal of the license to practice as a	87888
barber, one hundred ten dollars;	87889

(5) For the restoration of an expired barber license, one	87890
hundred dollars, and seventy-five dollars for each lapsed year,	87891
provided that the total fee shall not exceed six hundred ninety	87892
dollars;	87893

(6) For the issuance of a duplicate barber or shop license,	87894
forty-five dollars;	87895

(7) For the inspection of a new barber shop, change of	87896
ownership, or reopening of premises or facilities formerly	87897
operated as a barber shop, and issuance of a shop license, one	87898
hundred ten dollars;	87899

(8) For the biennial renewal of a barber shop license,	87900
seventy-five dollars;	87901

(9) For the restoration of a barber shop license, one hundred	87902
ten dollars;	87903

(10) For each inspection of premises for location of a new	87904
barber school, or each inspection of premises for relocation of a	87905
currently licensed barber school, seven hundred fifty dollars;	87906

(11) For the initial barber school license, one thousand	87907
dollars, and one thousand dollars for the renewal of the license;	87908

(12) For the restoration of a barber school license, one	87909
thousand dollars;	87910

(13) For the issuance of a student registration, forty	87911
dollars;	87912

(14) For the examination and issuance of a biennial teacher	87913
license, one hundred eighty-five dollars;	87914

(15) For the renewal of a biennial teacher license, one	87915
hundred fifty dollars;	87916

(16) For the restoration of an expired teacher license, two	87917
hundred twenty-five dollars, and sixty dollars for each lapsed	87918
year, provided that the total fee shall not exceed four hundred	87919
fifty dollars;	87920

(17) For the issuance of a barber license by reciprocity	87921
pursuant to section 4709.08 of the Revised Code, three hundred	87922
dollars;	87923

(18) For providing licensure information concerning an	87924
applicant, upon written request of the applicant, forty dollars.	87925

(B) The board, subject to the approval of the controlling	87926
board, may establish fees in excess of the amounts provided in	87927
this section, provided that the fees do not exceed the amounts	87928
permitted by this section by more than fifty per cent.	87929

(C) In addition to any other fee charged and collected under	87930
this section, the barber board shall ask each person renewing a	87931
license to practice as a barber whether the person wishes to make	87932
a two-dollar voluntary contribution to the Ed Jeffers barber	87933
museum. The board shall transmit any contributions to the	87934
treasurer of state for deposit into the occupational licensing	87935
fund.	87936

Sec. 4713.28. The state board of cosmetology shall issue a	87937
practicing license to an applicant who, except as provided in	87938
section 4713.30 of the Revised Code, satisfies all of the	87939
following applicable conditions:	87940

(A) Is at least sixteen years of age;

87941

(B) Is of good moral character;

87942

(C) Has ~~the equivalent of~~ an Ohio ~~public school tenth grade~~	87943
~~education~~high school diploma, certificate of completion, or a	87944
general equivalency diploma or has met all career technical	87945
requirements as established by the Ohio department of education;	87946

(D) Passes an examination conducted under section 4713.24 of	87947
the Revised Code for the branch of cosmetology the applicant seeks	87948
to practice;	87949

(E) Pays to the board the applicable fee;

87950

(F) In the case of an applicant for an initial cosmetologist	87951
license, has successfully completed at least fifteen hundred hours	87952
of board-approved cosmetology training in a school of cosmetology	87953
licensed in this state, except that only one thousand hours of	87954
board-approved cosmetology training in a school of cosmetology	87955
licensed in this state is required of a person licensed as a	87956
barber under Chapter 4709. of the Revised Code;	87957

(G) In the case of an applicant for an initial esthetician	87958
license, has successfully completed at least six hundred hours of	87959
board-approved esthetics training in a school of cosmetology	87960
licensed in this state;	87961

(H) In the case of an applicant for an initial hair designer	87962
license, has successfully completed at least one thousand two	87963
hundred hours of board-approved hair designer training in a school	87964
of cosmetology licensed in this state, except that only one	87965
thousand hours of board-approved hair designer training in a	87966
school of cosmetology licensed in this state is required of a	87967
person licensed as a barber under Chapter 4709. of the Revised	87968
Code;	87969

(I) In the case of an applicant for an initial manicurist	87970
license, has successfully completed at least two hundred hours of	87971
board-approved manicurist training in a school of cosmetology	87972
licensed in this state;	87973

(J) In the case of an applicant for an initial natural hair	87974
stylist license, has successfully completed at least four hundred	87975
fifty hours of instruction in subjects relating to sanitation,	87976
scalp care, anatomy, hair styling, communication skills, and laws	87977
and rules governing the practice of cosmetology.	87978

Sec. 4713.32. When determining the total hours of	87979
instruction received by an applicant for a license under section	87980
4713.28, 4713.30, or 4713.31 of the Revised Code, the state board	87981
of cosmetology shall not take into account more than ~~eight~~ten	87982
hours of instruction per day. The board shall take into account	87983
instruction received more than five years prior to the date of	87984
application for the license in accordance with rules adopted under	87985
section 4713.08 of the Revised Code.	87986

Sec. 4713.63. A practicing license, managing license, or	87987
instructor license that has not been renewed for any reason other	87988
than because it has been revoked, suspended, or classified	87989
inactive, or because the license holder has been given a waiver or	87990
extension under section 4713.60 of the Revised Code, is expired.	87991
An expired license may be restored if the person who held the	87992
license meets all of the following applicable conditions:	87993

(A) Pays to the state board of cosmetology the restoration	87994
fee,the current renewal fee, and any applicable late fees;	87995

(B) Pays ~~all~~a lapsed renewal ~~fees~~fee of forty-five dollars	87996
per license renewal period that has elapsed since the license was	87997
last issued or renewed;	87998

(C) ~~Submits proof satisfactory to the state board of~~	87999
~~cosmetology that the person has completed all applicable~~	88000
~~continuing education requirements;~~	88001

~~(D)~~ In the case of a practicing license or managing license	88002
that has been expired for more than two ~~years, retakes and passes~~	88003
~~an examination conducted under section 4713.24 of the Revised Code~~	88004
~~for the branch of cosmetology that the person seeks to practice or~~	88005
~~type of salon the person seeks to manage~~consecutive license	88006
renewal periods, completes eight hours of continuing education for	88007
each license renewal period that has elapsed since the license was	88008
last issued or renewed, up to a maximum of twenty-four hours. At	88009
least four of those hours shall include a course pertaining to	88010
sanitation and safety methods.	88011

The board shall deposit all fees it receives under division	88012
(B) of this section into the general revenue fund.	88013

Sec. 4713.64. (A) In accordance with Chapter 119. of the	88014
Revised Code, the state board of cosmetology may deny, revoke, or	88015
suspend a license or permit issued by the board or impose a fine	88016
for any of the following:	88017

(1) Failure to comply with the requirements of this chapter	88018
or rules adopted under it;	88019

(2) Continued practice by a person knowingly having an	88020
infectious or contagious disease;	88021

(3) Habitual drunkenness or addiction to any habit-forming	88022
drug;	88023

(4) Willful false and fraudulent or deceptive advertising;

88024

(5) Falsification of any record or application required to be	88025
filed with the board;	88026

(6) Failure to pay a fine or abide by a suspension order	88027
issued by the board.	88028

(B) The board may impose a separate fine for each offense	88029
listed in division (A) of this section. The amount of a fine shall	88030
be not more than ~~one~~five hundred dollars if the violator has not	88031
previously been fined for that offense. The fine shall be not more	88032
than ~~five hundred~~one thousand dollars if the violator has been	88033
fined for the same offense once before. The fine shall be not more	88034
than one thousand five hundred dollars if the violator has been	88035
fined for the same offense two or more times before.	88036

(C) If a person fails to request a hearing within thirty days	88037
of the date the board, in accordance with section 119.07 of the	88038
Revised Code, notifies the person of the board's intent to act	88039
against the person under division (A) of this section, the board	88040
by a majority vote of a quorum of the board members may take the	88041
action against the person without holding an adjudication hearing.	88042

(D) The board, after a hearing in accordance with Chapter	88043
119. of the Revised Code, may suspend a tanning facility permit if	88044
the owner or operator fails to correct an unsafe condition that	88045
exists in violation of the board's rules or fails to cooperate in	88046
an inspection of the tanning facility. If a violation has resulted	88047
in a condition reasonably believed by an inspector to create an	88048
immediate danger to the health and safety of any person using the	88049
tanning facility, the inspector may suspend the permit without a	88050
prior hearing until the condition is corrected or until a hearing	88051
in accordance with Chapter 119. of the Revised Code is held and	88052
the board either upholds the suspension or reinstates the permit.	88053

Sec. 4731.10. Upon the request of a person ~~licensed~~who	88054
holds a certificate to practice in this state pursuant to Chapter	88055
4731. of the Revised Code and is seeking licensure in another	88056
state, the state medical board shall ~~certify an application for~~	88057
~~licensure in another~~provide verification of the person's	88058
certificate to practice in this state. The fee for such	88059
~~certification~~verification shall be fifty dollars.	88060

Sec. 4731.26. Upon application by the holder of a	88061
certificate to practice or certificate of registration issued	88062
under this chapter, the state medical board shall issue a	88063
duplicate certificate to replace one missing or damaged, to	88064
reflect a name change, or for any other reasonable cause. The fee	88065
for ~~such~~a duplicate certificate to practice or duplicate	88066
certificate of registration shall be thirty-five dollars.	88067

Sec. 4731.38. All vouchers of the state medical board shall	88068
be approved by the ~~board~~board's president or, the board's	88069
executive ~~secretary~~director, or ~~both, as~~another person	88070
authorized by the board.	88071

Sec. 4733.10. The state board of registration for	88072
professional engineers and surveyors shall prepare annually a	88073
listing of all registered professional engineers, registered	88074
professional surveyors, and firms that possess a certificate of	88075
authorization. The board shall provide a copy of this listing upon	88076
request to registrants of the board and to firms possessing a	88077
certificate of authorization without charge and to the public upon	88078
request and payment of copy costs.	88079

Additionally, the board shall issue an official verification	88080
of the status of any person registered as a professional engineer	88081
or professional surveyor in this state upon receipt of a	88082
verification form and the payment of a fee established by the	88083
board.	88084

Sec. 4734.25. A license to practice chiropractic from the	88085
state chiropractic board expires ~~annually on the first day of~~	88086
~~January~~biennially in accordance with the schedule established in	88087
rules adopted under this section and may be renewed. The renewal	88088
process shall be conducted in accordance with the standard renewal	88089
procedures of Chapter 4745. of the Revised Code, except that the	88090
board's executive director shall notify each license holder of the	88091
license renewal requirements of this section not later than sixty	88092
days prior to the license's expiration date. When an application	88093
for renewal is submitted, the applicant shall provide the	88094
information necessary to process the application and pay a renewal	88095
fee ~~of two hundred fifty dollars~~in an amount the board specifies	88096
in rules adopted under this section.	88097

Before a renewal of license is issued by the board, the	88098
licensee shall furnish the board with satisfactory evidence that	88099
the licensee has completed during the current licensing period not	88100
less than the number of hours of continuing education that the	88101
board requires in rules adopted under this section. For an	88102
activity to be applied toward the continuing education	88103
requirement, the activity must meet the board's approval as a	88104
continuing education activity, as specified in rules adopted under	88105
this section. Any exception from the continuing education	88106
requirement must be approved by the board.	88107

Failure of a licensee to comply with this section~~, including~~	88108
~~failure to pay the renewal fee on or before the first day of~~	88109
~~January of each year,~~ shall operate as an automatic forfeiture of	88110
the right of the licensee to practice chiropractic in this state.	88111
A forfeited license may be reinstated by the board upon payment of	88112
all fees due and a penalty fee ~~of one hundred fifty dollars~~in an	88113
amount the board specifies in rules adopted under this section for	88114
reinstatement, in addition to satisfying the board of having	88115
complied with the continuing education requirements of this	88116
section. If an individual's license has been forfeited for two or	88117
more years, the board may also require as a condition of	88118
reinstatement that the individual complete training or testing as	88119
specified by the board.	88120

The board shall adopt any rules it considers necessary to	88121
implement this section, including standards for approval of	88122
continuing education in the practice of chiropractic. All rules	88123
adopted under this section shall be adopted in accordance with	88124
Chapter 119. of the Revised Code.	88125

Sec. 4735.06. (A) Application for a license as a real estate	88126
broker shall be made to the superintendent of real estate on forms	88127
furnished by the superintendent and filed with the superintendent	88128
and shall be signed by the applicant or its members or officers.	88129
Each application shall state the name of the person applying and	88130
the location of the place of business for which the license is	88131
desired, and give such other information as the superintendent	88132
requires in the form of application prescribed by the	88133
superintendent.	88134

If the applicant is a partnership, limited liability company,	88135
limited liability partnership, or association, the names of all	88136
the members also shall be stated, and, if the applicant is a	88137
corporation, the names of its president and of each of its	88138
officers also shall be stated. The superintendent has the right to	88139
reject the application of any partnership, association, limited	88140
liability company, limited liability partnership, or corporation	88141
if the name proposed to be used by such partnership, association,	88142
limited liability company, limited liability partnership, or	88143
corporation is likely to mislead the public or if the name is not	88144
such as to distinguish it from the name of any existing	88145
partnership, association, limited liability company, limited	88146
liability partnership, or corporation licensed under this chapter,	88147
unless there is filed with the application the written consent of	88148
such existing partnership, association, limited liability company,	88149
limited liability partnership, or corporation, executed by a duly	88150
authorized representative of it, permitting the use of the name of	88151
such existing partnership, association, limited liability company,	88152
limited liability partnership, or corporation.	88153

(B) A fee of ~~sixty-nine~~one hundred dollars shall accompany	88154
the application for a real estate broker's license, which fee	88155
includes the fee for the initial year of the licensing period, if	88156
a license is issued. The application fee shall be retained by the	88157
superintendent if the applicant is admitted to the examination for	88158
the license or the examination requirement is waived, but, if an	88159
applicant is not so admitted and a waiver is not involved,	88160
one-half of the fee shall be retained by the superintendent to	88161
cover the expenses of processing the application and the other	88162
one-half shall be returned to the applicant. A fee of ~~sixty-nine~~	88163
one hundred dollars shall be charged by the superintendent for	88164
each successive application made by an applicant. In the case of	88165
issuance of a three-year license, upon passing the examination,	88166
or upon waiver of the examination requirement, if the	88167
superintendent determines it is necessary, the applicant shall	88168
submit an additional fee determined by the superintendent based	88169
upon the number of years remaining in a real estate salesperson's	88170
licensing period.	88171

(C) ~~Four dollars~~One dollar of each application fee for a	88172
real estate broker's license shall be credited to the real estate	88173
education and research fund, which is hereby created in the state	88174
treasury. The Ohio real estate commission may use the fund in	88175
discharging the duties prescribed in divisions (E), (F), (G), and	88176
(H) of section 4735.03 of the Revised Code and shall use it in the	88177
advancement of education and research in real estate at any	88178
institution of higher education in the state, or in contracting	88179
with any such institution or a trade organization for a particular	88180
research or educational project in the field of real estate, or in	88181
advancing loans, not exceeding eight hundred dollars, to	88182
applicants for salesperson licenses, to defray the costs of	88183
satisfying the educational requirements of division (F) of section	88184
4735.09 of the Revised Code. Such loans shall be made according to	88185
rules established by the commission under the procedures of	88186
Chapter 119. of the Revised Code, and they shall be repaid to the	88187
fund within three years of the time they are made. No more than	88188
ten thousand dollars shall be lent from the fund in any one year.	88189

The governor may appoint a representative from the executive	88190
branch to be a member ex officio of the commission for the purpose	88191
of advising on research requests or educational projects. The	88192
commission shall report to the general assembly on the third	88193
Tuesday after the third Monday in January of each year setting	88194
forth the total amount contained in the fund and the amount of	88195
each research grant that it has authorized and the amount of each	88196
research grant requested. A copy of all research reports shall be	88197
submitted to the state library of Ohio and the library of the	88198
legislative service commission.	88199

(D) If the superintendent, with the consent of the	88200
commission, enters into an agreement with a national testing	88201
service to administer the real estate broker's examination,	88202
pursuant to division (A) of section 4735.07 of the Revised Code,	88203
the superintendent may require an applicant to pay the testing	88204
service's examination fee directly to the testing service. If the	88205
superintendent requires the payment of the examination fee	88206
directly to the testing service, each applicant shall submit to	88207
the superintendent a processing fee in an amount determined by the	88208
Ohio real estate commission pursuant to division (A)(2) of section	88209
4735.10 of the Revised Code.	88210

Sec. 4735.09. (A) Application for a license as a real estate	88211
salesperson shall be made to the superintendent of real estate on	88212
forms furnished by the superintendent and signed by the applicant.	88213
The application shall be in the form prescribed by the	88214
superintendent and shall contain such information as is required	88215
by this chapter and the rules of the Ohio real estate commission.	88216
The application shall be accompanied by the recommendation of the	88217
real estate broker with whom the applicant is associated or with	88218
whom the applicant intends to be associated, certifying that the	88219
applicant is honest, truthful, and of good reputation, has not	88220
been convicted of a felony or a crime involving moral turpitude,	88221
and has not been finally adjudged by a court to have violated any	88222
municipal, state, or federal civil rights laws relevant to the	88223
protection of purchasers or sellers of real estate, which	88224
conviction or adjudication the applicant has not disclosed to the	88225
superintendent, and recommending that the applicant be admitted to	88226
the real estate salesperson examination.	88227

(B) A fee of ~~forty-nine~~sixty dollars shall accompany the	88228
application, which fee includes the fee for the initial year of	88229
the licensing period, if a license is issued. The application	88230
fee shall be retained by the superintendent if the applicant is	88231
admitted to the examination for the license or the examination	88232
requirement is waived, but, if an applicant is not so admitted	88233
and a waiver is not involved, one-half of the fee shall be	88234
retained by the superintendent to cover the expenses of processing	88235
the application and the other one-half shall be returned to the	88236
applicant. A fee of ~~forty-nine~~sixty dollars shall be charged by	88237
the superintendent for each successive application made by the	88238
applicant. ~~Four dollars~~One dollar of each application fee shall	88239
be credited to the real estate education and research fund.	88240

(C) There shall be no limit placed on the number of times an	88241
applicant may retake the examination.	88242

(D) The superintendent, with the consent of the commission,	88243
may enter into an agreement with a recognized national testing	88244
service to administer the real estate salesperson's examination	88245
under the superintendent's supervision and control, consistent	88246
with the requirements of this chapter as to the contents of the	88247
examination.	88248

If the superintendent, with the consent of the commission,	88249
enters into an agreement with a national testing service to	88250
administer the real estate salesperson's examination, the	88251
superintendent may require an applicant to pay the testing	88252
service's examination fee directly to the testing service. If the	88253
superintendent requires the payment of the examination fee	88254
directly to the testing service, each applicant shall submit to	88255
the superintendent a processing fee in an amount determined by the	88256
Ohio real estate commission pursuant to division (A)(1) of section	88257
4735.10 of the Revised Code.	88258

(E) The superintendent shall issue a real estate	88259
salesperson's license when satisfied that the applicant has	88260
received a passing score on each portion of the salesperson's	88261
examination as determined by rule by the real estate commission,	88262
except that the superintendent may waive one or more of the	88263
requirements of this section in the case of an applicant who is a	88264
licensed real estate salesperson in another state pursuant to a	88265
reciprocity agreement with the licensing authority of the state	88266
from which the applicant holds a valid real estate salesperson's	88267
license.	88268

(F) No applicant for a salesperson's license shall take the	88269
salesperson's examination who has not established to the	88270
satisfaction of the superintendent that the applicant:	88271

(1) Is honest, truthful, and of good reputation;

88272

(2)(a) Has not been convicted of a felony or crime of moral	88273
turpitude or, if the applicant has been so convicted, the	88274
superintendent has disregarded the conviction because the	88275
applicant has proven to the superintendent, by a preponderance of	88276
the evidence, that the applicant's activities and employment	88277
record since the conviction show that the applicant is honest,	88278
truthful, and of good reputation, and there is no basis in fact	88279
for believing that the applicant again will violate the laws	88280
involved;	88281

(b) Has not been finally adjudged by a court to have violated	88282
any municipal, state, or federal civil rights laws relevant to the	88283
protection of purchasers or sellers of real estate or, if the	88284
applicant has been so adjudged, at least two years have passed	88285
since the court decision and the superintendent has disregarded	88286
the adjudication because the applicant has proven, by a	88287
preponderance of the evidence, that the applicant is honest,	88288
truthful, and of good reputation, and there is no basis in fact	88289
for believing that the applicant again will violate the laws	88290
involved.	88291

(3) Has not, during any period in which the applicant was	88292
licensed under this chapter, violated any provision of, or any	88293
rule adopted pursuant to this chapter, or, if the applicant has	88294
violated such provision or rule, has established to the	88295
satisfaction of the superintendent that the applicant will not	88296
again violate such provision or rule;	88297

(4) Is at least eighteen years of age;

88298

(5) If born after the year 1950, has a high school diploma or	88299
its equivalent as recognized by the state department of education;	88300

(6)(a) If beginning instruction prior to August 1, 2001, has	88301
successfully completed at an institution of higher education all	88302
of the following:	88303

(i) Thirty hours of classroom instruction in real estate	88304
practice;	88305

(ii) Thirty hours of classroom instruction that includes the	88306
subjects of Ohio real estate law, municipal, state, and federal	88307
civil rights law, new case law on housing discrimination,	88308
desegregation issues, and methods of eliminating the effects of	88309
prior discrimination. If feasible, the classroom instruction in	88310
Ohio real estate law shall be taught by a member of the faculty of	88311
an accredited law school. If feasible, the classroom instruction	88312
in municipal, state, and federal civil rights law, new case law on	88313
housing discrimination, desegregation issues, and methods of	88314
eliminating the effects of prior discrimination shall be taught by	88315
a staff member of the Ohio civil rights commission who is	88316
knowledgeable with respect to those subjects. The requirements of	88317
this division do not apply to an applicant who is admitted to	88318
practice before the supreme court.	88319

(iii) Thirty hours of classroom instruction in real estate	88320
appraisal;	88321

(iv) Thirty hours of classroom instruction in real estate	88322
finance.	88323

(b) Any person who has not been licensed as a real estate	88324
salesperson or broker within a four-year period immediately	88325
preceding the person's current application for the salesperson's	88326
examination shall have successfully completed the classroom	88327
instruction required by division (F)(6)(a) of this section within	88328
a ten-year period immediately preceding the person's current	88329
application for the salesperson's examination.	88330

(7) If beginning instruction, as determined by the	88331
superintendent, on or after August 1, 2001, has successfully	88332
completed at an institution of higher education all of the	88333
following:	88334

(a) Forty hours of classroom instruction in real estate	88335
practice;	88336

(b) Forty hours of classroom instruction that includes the	88337
subjects of Ohio real estate law, municipal, state, and federal	88338
civil rights law, new case law on housing discrimination,	88339
desegregation issues, and methods of eliminating the effects of	88340
prior discrimination. If feasible, the classroom instruction in	88341
Ohio real estate law shall be taught by a member of the faculty of	88342
an accredited law school. If feasible, the classroom instruction	88343
in municipal, state, and federal civil rights law, new case law on	88344
housing discrimination, desegregation issues, and methods of	88345
eliminating the effects of prior discrimination shall be taught by	88346
a staff member of the Ohio civil rights commission who is	88347
knowledgeable with respect to those subjects. The requirements of	88348
this division do not apply to an applicant who is admitted to	88349
practice before the supreme court.	88350

(c) Twenty hours of classroom instruction in real estate	88351
appraisal;	88352

(d) Twenty hours of classroom instruction in real estate	88353
finance.	88354

(G) No later than twelve months after the date of issue of a	88355
real estate salesperson license to a licensee, the licensee shall	88356
submit proof satisfactory to the superintendent, on forms made	88357
available by the superintendent, of completion, at an institution	88358
of higher education or any other institution approved by the	88359
commission, of ten hours of classroom instruction in real estate	88360
courses that cover current issues regarding consumers, real	88361
estate practice, ethics, and real estate law.	88362

If proof of completion of the required instruction is not	88363
submitted within twelve months of the date a license is issued	88364
under this section, the licensee's license is suspended	88365
automatically without the taking of any action by the	88366
superintendent. The superintendent immediately shall notify the	88367
broker with whom such salesperson is associated of the suspension	88368
of the salesperson's license. A salesperson whose license has been	88369
suspended under this division shall have twelve months after the	88370
date of the suspension of the salesperson's license to submit	88371
proof of successful completion of the instruction required under	88372
this division. No such license shall be reactivated by the	88373
superintendent until it is established, to the satisfaction of the	88374
superintendent, that the requirements of this division have been	88375
met and that the licensee is in compliance with this chapter. A	88376
licensee's license is revoked automatically without the taking of	88377
any action by the superintendent when the licensee fails to submit	88378
the required proof of completion of the education requirements	88379
under division (G) of this section within twelve months of the	88380
date the license is suspended.	88381

(H) Examinations shall be administered with reasonable	88382
accommodations in accordance with the requirements of the	88383
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	88384
U.S.C. 12101. The contents of an examination shall be consistent	88385
with the classroom instructional requirements of division (F)(6)	88386
or (7) of this section. An applicant who has completed the	88387
classroom instructional requirements of division (F)(6) or (7) of	88388
this section at the time of application shall be examined no later	88389
than twelve months after the applicant is notified of the	88390
applicant's admission to the examination.	88391

Sec. 4735.12. (A) The real estate recovery fund is hereby	88392
created in the state treasury, to be administered by the	88393
superintendent of real estate. Amounts collected by the	88394
superintendent as prescribed in this section and interest earned	88395
on the assets of the fund shall be credited by the treasurer of	88396
state to the fund. The amount of money in the fund shall be	88397
ascertained by the superintendent as of the first day of July of	88398
each year.	88399

The commission, in accordance with rules adopted under	88400
division (A)(2)(g) of section 4735.10 of the Revised Code, shall	88401
impose a special assessment not to exceed ten dollars per year for	88402
each year of a licensing period on each licensee filing a notice	88403
of renewal under section 4735.14 of the Revised Code if the amount	88404
available in the fund is less than ~~one million~~five hundred	88405
thousand dollars on the first day of July preceding that filing.	88406
The commission may impose a special assessment not to exceed five	88407
dollars per year for each year of a licensing period if the	88408
amount available in the fund is greater than one million dollars,	88409
but less than two million dollars on the first day of July	88410
preceding that filing. The commission shall not impose a special	88411
assessment if the amount available in the fund exceeds two million	88412
dollars on the first day of July preceding that filing.	88413

(B)(1) Any person who obtains a final judgment in any court	88414
of competent jurisdiction against any broker or salesperson	88415
licensed under this chapter, on the grounds of conduct that is in	88416
violation of this chapter or the rules adopted under it, and that	88417
is associated with an act or transaction that only a licensed real	88418
estate broker or licensed real estate salesperson is authorized to	88419
perform as specified in division (A) or (C) of section 4735.01 of	88420
the Revised Code, may file a verified application, as described in	88421
division (B)(3) of this section, in ~~any~~the court of common pleas	88422
of Franklin county for an order directing payment out of the real	88423
estate recovery fund of the portion of the judgment that remains	88424
unpaid and that represents the actual and direct loss sustained by	88425
the applicant.	88426

(2) Punitive damages, attorney's fees, and interest on a	88427
judgment are not recoverable from the fund. In the discretion of	88428
the superintendent of real estate, court costs may be recovered	88429
from the fund, and, if the superintendent authorizes the recovery	88430
of court costs, the order of the court of common pleas then may	88431
direct their payment from the fund.	88432

(3) The application shall specify the nature of the act or	88433
transaction upon which the underlying judgment was based, the	88434
activities of the applicant in pursuit of remedies available under	88435
law for the collection of judgments, and the actual and direct	88436
losses, attorney's fees, and the court costs sustained or incurred	88437
by the applicant. The applicant shall attach to the application a	88438
copy of each pleading and order in the underlying court action.	88439

(4) The court shall order the superintendent to make such	88440
payments out of the fund when the person seeking the order has	88441
shown all of the following:	88442

(a) The person has obtained a judgment, as provided in this	88443
division;	88444

(b) All appeals from the judgment have been exhausted and the	88445
person has given notice to the superintendent, as required by	88446
division (C) of this section;	88447

(c) The person is not a spouse of the judgment debtor, or the	88448
personal representative of such spouse;	88449

(d) The person has diligently pursued the person's remedies	88450
against all the judgment debtors and all other persons liable to	88451
the person in the transaction for which the person seeks recovery	88452
from the fund;	88453

(e) The person is making the person's application not more	88454
than one year after termination of all proceedings, including	88455
appeals, in connection with the judgment.	88456

(5) Divisions (B)(1) to (4) of this section do not apply to	88457
any of the following:	88458

(a) Actions arising from property management accounts	88459
maintained in the name of the property owner;	88460

(b) A bonding company when it is not a principal in a real	88461
estate transaction;	88462

(c) A person in an action for the payment of a commission or	88463
fee for the performance of an act or transaction specified or	88464
comprehended in division (A) or (C) of section 4735.01 of the	88465
Revised Code;	88466

(d) Losses incurred by investors in real estate if the	88467
applicant and the licensee are principals in the investment.	88468

(C) A person who applies to a court of common pleas for an	88469
order directing payment out of the fund shall file notice of the	88470
application with the superintendent. The superintendent may defend	88471
any such action on behalf of the fund and shall have recourse to	88472
all appropriate means of defense and review, including examination	88473
of witnesses, verification of actual and direct losses, and	88474
challenges to the underlying judgment required in division	88475
(B)(4)(a) of this section to determine whether the underlying	88476
judgment is based on activity only a licensed broker or licensed	88477
salesperson is permitted to perform. The superintendent may move	88478
the court at any time to dismiss the application when it appears	88479
there are no triable issues and the application is without merit.	88480
The motion may be supported by affidavit of any person having	88481
knowledge of the facts and may be made on the basis that the	88482
application, including the judgment referred to in it, does not	88483
form the basis for a meritorious recovery claim; provided, that	88484
the superintendent shall give written notice to the applicant at	88485
least ten days before such motion. The superintendent may, subject	88486
to court approval, compromise a claim based upon the application	88487
of an aggrieved party. The superintendent shall not be bound by	88488
any prior compromise or stipulation of the judgment debtor.	88489

(D) Notwithstanding any other provision of this section, the	88490
liability of the fund shall not exceed forty thousand dollars for	88491
any one licensee. If a licensee's license is reactivated as	88492
provided in division (E) of this section, the liability of the	88493
fund for the licensee under this section shall again be forty	88494
thousand dollars, but only for transactions that occur subsequent	88495
to the time of reactivation.	88496

If the forty-thousand-dollar liability of the fund is	88497
insufficient to pay in full the valid claims of all aggrieved	88498
persons by whom claims have been filed against any one licensee,	88499
the forty thousand dollars shall be distributed among them in the	88500
ratio that their respective claims bear to the aggregate of valid	88501
claims or in such other manner as the court finds equitable.	88502
Distribution of moneys shall be among the persons entitled to	88503
share in it, without regard to the order of priority in which	88504
their respective judgments may have been obtained or their claims	88505
have been filed. Upon petition of the superintendent, the court	88506
may require all claimants and prospective claimants against one	88507
licensee to be joined in one action, to the end that the	88508
respective rights of all such claimants to the fund may be	88509
equitably adjudicated and settled.	88510

(E) If the superintendent pays from the fund any amount in	88511
settlement of a claim or toward satisfaction of a judgment against	88512
a licensed broker or salesperson, the license of the broker or	88513
salesperson shall be automatically suspended upon the date of	88514
payment from the fund. The superintendent shall not reactivate the	88515
suspended license of that broker or salesperson until the broker	88516
or salesperson has repaid in full, plus interest per annum at the	88517
rate specified in division (A) of section 1343.03 of the Revised	88518
Code, the amount paid from the fund on the broker's or	88519
salesperson's account. A discharge in bankruptcy does not relieve	88520
a person from the suspension and requirements for reactivation	88521
provided in this section unless the underlying judgment has been	88522
included in the discharge and has not been reaffirmed by the	88523
debtor.	88524

(F) If, at any time, the money deposited in the fund is	88525
insufficient to satisfy any duly authorized claim or portion of a	88526
claim, the superintendent shall, when sufficient money has been	88527
deposited in the fund, satisfy such unpaid claims or portions, in	88528
the order that such claims or portions were originally filed, plus	88529
accumulated interest per annum at the rate specified in division	88530
(A) of section 1343.03 of the Revised Code.	88531

(G) When, upon the order of the court, the superintendent has	88532
paid from the fund any sum to the judgment creditor, the	88533
superintendent shall be subrogated to all of the rights of the	88534
judgment creditor to the extent of the amount so paid, and the	88535
judgment creditor shall assign all the judgment creditor's right,	88536
title, and interest in the judgment to the superintendent to the	88537
extent of the amount so paid. Any amount and interest so recovered	88538
by the superintendent on the judgment shall be deposited in the	88539
fund.	88540

(H) Nothing contained in this section shall limit the	88541
authority of the superintendent to take disciplinary action	88542
against any licensee under other provisions of this chapter; nor	88543
shall the repayment in full of all obligations to the fund by any	88544
licensee nullify or modify the effect of any other disciplinary	88545
proceeding brought pursuant to this chapter.	88546

(I) The superintendent shall collect from the fund a service	88547
fee in an amount equivalent to the interest rate specified in	88548
division (A) of section 1343.03 of the Revised Code multiplied by	88549
the annual interest earned on the assets of the fund, to defray	88550
the expenses incurred in the administration of the fund.	88551

Sec. 4735.13. (A) The license of a real estate broker shall	88552
be prominently displayed in the office or place of business of	88553
the broker, and no license shall authorize the licensee to do	88554
business except from the location specified in it. If the broker	88555
maintains more than one place of business within the state, the	88556
broker shall apply for and procure a duplicate license for each	88557
branch office maintained by the broker. Each branch office shall	88558
be in the charge of a licensed broker or salesperson. The branch	88559
office license shall be prominently displayed at the branch	88560
office location.	88561

(B) The license of each real estate salesperson shall be	88562
mailed to and remain in the possession of the licensed broker with	88563
whom the salesperson is or is to be associated until the licensee	88564
places the license on inactive, voluntary hold, or resigned status	88565
or until the salesperson leaves the brokerage or is terminated.	88566
The broker shall keep each salesperson's license in a way that it	88567
can, and shall on request, be made immediately available for	88568
public inspection at the office or place of business of the	88569
broker. Except as provided in divisions (G) and (H) of this	88570
section, immediately upon the salesperson's leaving the	88571
association or termination of the association of a real estate	88572
salesperson with the broker, the broker shall return the	88573
salesperson's license to the superintendent of real estate.	88574

The failure of a broker to return the license of a real	88575
estate salesperson or broker who leaves or who is terminated, via	88576
certified mail return receipt requested, within three business	88577
days of the receipt of a written request from the superintendent	88578
for the return of the license, is prima-facie evidence of	88579
misconduct under division (A)(6) of section 4735.18 of the Revised	88580
Code.	88581

(C) Any licensee who is convicted of a felony or a crime	88582
involving moral turpitude or of violating any federal, state, or	88583
municipal civil rights law pertaining to discrimination in	88584
housing, or any court that issues a finding of an unlawful	88585
discriminatory practice pertaining to housing accommodations	88586
described in division (H) of section 4112.02 of the Revised Code	88587
or that convicts a licensee of a violation of any municipal civil	88588
rights law pertaining to housing discrimination, shall notify the	88589
superintendent of the conviction or finding within fifteen days.	88590
If a licensee fails to notify the superintendent within the	88591
required time, the superintendent immediately may revoke the	88592
license of the licensee.	88593

Any court that convicts a licensee of a violation of any	88594
municipal civil rights law pertaining to housing discrimination	88595
also shall notify the Ohio civil rights commission within fifteen	88596
days of the conviction.	88597

(D) In case of any change of business location, a broker	88598
shall give notice in writing to the superintendent, whereupon the	88599
superintendent shall issue new licenses for the unexpired period	88600
without charge. If a broker changes a business location without	88601
giving the required notice and without receiving new licenses	88602
that action is prima-facie evidence of misconduct under division	88603
(A)(6) of section 4735.18 of the Revised Code.	88604

(E) If a real estate broker desires to associate with another	88605
real estate broker in the capacity of a real estate salesperson,	88606
the broker shall apply to the superintendent to deposit the	88607
broker's real estate broker's license with the superintendent and	88608
for the issuance of a real estate salesperson's license. The	88609
application shall be made on a form prescribed by the	88610
superintendent and shall be accompanied by the recommendation of	88611
the real estate broker with whom the applicant intends to become	88612
associated and a fee of twenty-five dollars for the real estate	88613
salesperson's license. ~~Four dollars~~One dollar of the fee shall be	88614
credited to the real estate education and research fund. If the	88615
superintendent is satisfied that the applicant is honest,	88616
truthful, and of good reputation, has not been convicted of a	88617
felony or a crime involving moral turpitude, and has not been	88618
finally adjudged by a court to have violated any municipal, state,	88619
or federal civil rights laws relevant to the protection of	88620
purchasers or sellers of real estate, and that the association of	88621
the real estate broker and the applicant will be in the public	88622
interest, the superintendent shall grant the application and issue	88623
a real estate salesperson's license to the applicant. Any license	88624
so deposited with the superintendent shall be subject to this	88625
chapter. A broker who intends to deposit the broker's license with	88626
the superintendent, as provided in this section, shall give	88627
written notice of this fact in a format prescribed by the	88628
superintendent to all salespersons associated with the broker when	88629
applying to place the broker's license on deposit.	88630

(F) If a real estate broker desires to become a member or	88631
officer of a partnership, association, limited liability company,	88632
limited liability partnership, or corporation that is or intends	88633
to become a licensed real estate broker, the broker shall notify	88634
the superintendent of the broker's intentions. The notice of	88635
intention shall be on a form prescribed by the superintendent and	88636
shall be accompanied by a fee of twenty-five dollars. ~~Four dollars~~	88637
One dollar of the fee shall be credited to the real estate	88638
education and research fund.	88639

No real estate broker who is a member or officer of a	88640
partnership, association, limited liability company, limited	88641
liability partnership, or corporation that is a licensed real	88642
estate broker shall perform any acts as a real estate broker	88643
other than as the agent of the partnership, association, limited	88644
liability company, limited liability partnership, or corporation,	88645
and such broker shall not have any real estate salespersons	88646
associated with the broker.	88647

(G) If a real estate broker or salesperson enters the armed	88648
forces, the broker or salesperson may place the broker's or	88649
salesperson's license on deposit with the Ohio real estate	88650
commission. The licensee shall not be required to renew the	88651
license until the renewal date that follows the date of discharge	88652
from the armed forces. Any license deposited with the commission	88653
shall be subject to this chapter. Any licensee whose license is on	88654
deposit under this division and who fails to meet the continuing	88655
education requirements of section 4735.141 of the Revised Code	88656
because the licensee is in the armed forces shall satisfy the	88657
commission that the licensee has complied with the continuing	88658
education requirements within twelve months of the licensee's	88659
discharge. The commission shall notify the licensee of the	88660
licensee's obligations under section 4735.141 of the Revised Code	88661
at the time the licensee applies for reactivation of the	88662
licensee's license.	88663

(H) If a licensed real estate salesperson submits an	88664
application to the superintendent to leave the association of one	88665
broker to associate with a different broker, the broker possessing	88666
the licensee's license need not return the salesperson's license	88667
to the superintendent. The superintendent may process the	88668
application regardless of whether the licensee's license is	88669
returned to the superintendent.	88670

Sec. 4735.15. (A) The fees for reactivation or transfer of	88671
a license shall be as follows:	88672

(1) Reactivation or transfer of a broker's license into or	88673
out of a partnership, association, limited liability company,	88674
limited liability partnership, or corporation or from one	88675
partnership, association, limited liability company, limited	88676
liability partnership, or corporation to another partnership,	88677
association, limited liability company, limited liability	88678
partnership, or corporation, twenty-five dollars. An application	88679
for such transfer shall be made to the superintendent of real	88680
estate on forms provided by the superintendent.	88681

(2) Reactivation or transfer of a license by a real estate	88682
salesperson, ~~twenty~~twenty-five dollars.	88683

(B) Except as may otherwise be specified pursuant to division	88684
(F) of this section, the nonrefundable fees for a branch office	88685
license, license renewal, late filing, and foreign real estate	88686
dealer and salesperson license are as follows per year for each	88687
year of a licensing period:	88688

(1) Branch office license, ~~eight~~fifteen dollars;

88689

(2) Renewal of a real estate broker's license, ~~forty-nine~~	88690
sixty dollars. If the licensee is a partnership, association,	88691
limited liability company, limited liability partnership, or	88692
corporation, the full broker's renewal fee shall be required for	88693
each member of such partnership, association, limited liability	88694
company, limited liability partnership, or corporation that is a	88695
real estate broker. If the real estate broker has not less than	88696
eleven nor more than twenty real estate salespersons associated	88697
with the broker, an additional fee of sixty-four dollars shall be	88698
assessed to the brokerage. For every additional ten real estate	88699
salespersons or fraction of that number, the brokerage assessment	88700
fee shall be increased in the amount of thirty-seven dollars.	88701

(3) Renewal of a real estate salesperson's license,	88702
~~thirty-nine~~forty-five dollars;	88703

(4) Renewal of a real estate broker's or salesperson's	88704
license filed within twelve months after the licensee's renewal	88705
date, an additional late filing penalty of fifty per cent of the	88706
required fee;	88707

(5) Foreign real estate dealer's license and each renewal of	88708
the license, thirty dollars per salesperson employed by the	88709
dealer, but not less than one hundred fifty dollars;	88710

(6) Foreign real estate salesperson's license and each	88711
renewal of the license, fifty dollars.	88712

(C) All fees collected under this section shall be paid to	88713
the treasurer of state. ~~Four dollars~~One dollar of each such fee	88714
shall be credited to the real estate education and research fund,	88715
except that for fees that are assessed only once every three	88716
years, ~~twelve~~three dollars of each triennial fee shall be	88717
credited to the real estate education and research fund.	88718

(D) In all cases, the fee and any penalty shall accompany the	88719
application for the license, license transfer, or license	88720
reactivation or shall accompany the filing of the renewal.	88721

(E) The commission may establish by rule reasonable fees for	88722
services not otherwise established by this chapter.	88723

(F) The commission may adopt rules that provide for a	88724
reduction in the fees established in divisions (B)(2) and (3) of	88725
this section.	88726

Sec. 4740.03. (A) The administrative section of the Ohio	88727
construction industry licensing board annually shall elect from	88728
among its members a chairperson and other officers as the board,	88729
by rule, designates. The chairperson shall preside over meetings	88730
of the administrative section or designate another member to	88731
preside in the chairperson's absence. The administrative section	88732
shall hold at least two regular meetings each year, but may meet	88733
at additional times as specified by rule, at the call of the	88734
chairperson, or upon the request of two or more members. A	88735
majority of the members of the administrative section constitutes	88736
a quorum for the transaction of all business. The administrative	88737
section may not take any action without the concurrence of at	88738
least three of its members.	88739

(B)(1) The administrative section shall employ a secretary,	88740
who is not a member of the board, to serve at the pleasure of the	88741
administrative section, and shall fix the compensation of the	88742
secretary. The secretary shall be in the unclassified civil	88743
service of the state.	88744

(2) The secretary shall do all of the following:

88745

(a) Keep or set standards for and delegate to another person	88746
the keeping of the minutes, books, and other records and files of	88747
the board and each section of the board;	88748

(b) Issue all licenses in the name of the board;

88749

(c) Send out all notices, including advance notices of	88750
meetings of the board and each section of the board, and attend to	88751
all correspondence of the board and each section of the board,	88752
under the direction of the administrative section;	88753

(d) Receive and deposit all fees payable pursuant to this	88754
chapter into the ~~industrial compliance~~labor operating fund	88755
created pursuant to section 121.084 of the Revised Code;	88756

(e) Perform all other duties incidental to the office of the	88757
secretary or properly assigned to the secretary by the	88758
administrative section of the board.	88759

(3) Before entering upon the discharge of the duties of the	88760
secretary, the secretary shall file with the treasurer of state a	88761
bond in the sum of five thousand dollars, payable to the state, to	88762
ensure the faithful performance of the secretary's duties. The	88763
board shall pay the premium of the bond in the same manner as it	88764
pays other expenditures of the board.	88765

(C) Upon the request of the administrative section of the	88766
board, the director of commerce shall supply the board and its	88767
sections with personnel, office space, and supplies, as the	88768
director determines appropriate. The administrative section of the	88769
board shall employ any additional staff it considers necessary and	88770
appropriate.	88771

(D) The chairperson of the board or the secretary, or both,	88772
as authorized by the board, shall approve all vouchers of the	88773
board.	88774

Sec. 4740.11. The Ohio construction industry licensing board	88775
and its sections shall deposit all receipts and fines collected	88776
under this chapter into the state treasury to the credit of the	88777
~~industrial compliance~~labor operating fund created in section	88778
121.084 of the Revised Code.	88779

Sec. 4740.14. (A) There is hereby created within the	88780
department of commerce the residential construction advisory	88781
committee consisting of nine persons the director of commerce	88782
appoints. Of the advisory committee's members, three shall be	88783
general contractors who have recognized ability and experience in	88784
the construction of residential buildings, two shall be building	88785
officials who have experience administering and enforcing a	88786
residential building code, one, chosen from a list of three names	88787
the Ohio fire chief's association submits, shall be from the fire	88788
service certified as a fire safety inspector who has at least ten	88789
years of experience enforcing fire or building codes, one shall be	88790
a residential contractor who has recognized ability and experience	88791
in the remodeling and construction of residential buildings, one	88792
shall be an architect registered pursuant to Chapter 4703. of the	88793
Revised Code, with recognized ability and experience in the	88794
architecture of residential buildings, and one, chosen from a list	88795
of three names the Ohio municipal league submits to the director,	88796
shall be a mayor of a municipal corporation in which the Ohio	88797
residential building code is being enforced in the municipal	88798
corporation by a certified building department.	88799

(B) The director shall make appointments to the advisory	88800
committee within ninety days after May 27, 2005. Terms of office	88801
shall be for three years, with each term ending on the date three	88802
years after the date of appointment. Each member shall hold office	88803
from the date of appointment until the end of the term for which	88804
the member was appointed. The director shall fill a vacancy in the	88805
manner provided for initial appointments. Any member appointed to	88806
fill a vacancy in an unexpired term shall hold office for the	88807
remainder of that term.	88808

88809

(1) Recommend to the board of building standards a building	88810
code for residential buildings. The committee shall recommend a	88811
code that it models on a residential building code a national	88812
model code organization issues, with adaptations necessary to	88813
implement the code in this state. If the board of building	88814
standards decides not to adopt a code the committee recommends,	88815
the committee shall revise the code and resubmit it until the	88816
board adopts a code the committee recommends as the state	88817
residential building code;	88818

(2) Provide the board with any rule the committee recommends	88819
to update or amend the state residential building code or to	88820
update or amend rules that the board adopts pursuant to division	88821
(E) of section 3781.10 of the Revised Code that relate to the	88822
certification of entities that enforce the state residential	88823
building code;	88824

(3) Advise the board regarding the establishment of standards	88825
for certification of building officials who enforce the state	88826
residential building code;	88827

~~(3)~~(4) Assist the board in providing information and guidance	88828
to residential contractors and building officials who enforce the	88829
state residential building code;	88830

~~(4)~~(5) Advise the board regarding the interpretation of the	88831
state residential building code;	88832

~~(5)~~(6) Provide other assistance the committee considers	88833
necessary;	88834

(7) Provide the board with a written report of the	88835
committee's findings for each consideration required by division	88836
(D) of this section;	88837

(8) Provide the board with any rule the committee recommends	88838
regarding the state residential building code or relating to the	88839
certification of entities that enforce the state residential	88840
building code after receiving a petition as described in division	88841
(A)(2) of section 3781.12 of the Revised Code.	88842

(D) ~~In making~~The committee shall not make its recommendation	88843
to the board pursuant to ~~division~~divisions (C)(1), (2), (3), (5),	88844
and (8) of this section,until the advisory committee ~~shall~~	88845
~~consider~~has considered all of the following:	88846

(1) The impact that the state residential building code may	88847
have upon the health, safety, and welfare of the public;	88848

(2) The economic reasonableness of the residential building	88849
code;	88850

(3) The technical feasibility of the residential building	88851
code;	88852

(4) The financial impact that the residential building code	88853
may have on the public's ability to purchase affordable housing.	88854

(E) Members of the advisory committee shall receive no salary	88855
for the performance of their duties as members, but shall receive	88856
their actual and necessary expenses incurred in the performance of	88857
their duties as members of the advisory committee and shall	88858
receive a per diem for each day in attendance at an official	88859
meeting of the committee, to be paid from the ~~industrial~~	88860
~~compliance~~labor operating fund in the state treasury, using fees	88861
collected in connection with residential buildings pursuant to	88862
division (F)(2) of section 3781.102 of the Revised Code and	88863
deposited in that fund.	88864

(F) The advisory committee is not subject to divisions (A)	88865
and (B) of section 101.84 of the Revised Code.	88866

Sec. 4741.41. There is hereby created the veterinarian loan	88867
repayment program. Under the program, the ~~Ohio board of regents~~	88868
state veterinary medical licensing board, by means of a contract	88869
entered into under section 4741.44 of the Revised Code, may agree	88870
to repay all or part of the principal and interest of a government	88871
or other educational loan taken out by a veterinarian for the	88872
following expenses if the expenses were incurred while the	88873
veterinarian was enrolled, for a maximum of four years, in a	88874
veterinary college in the United States that, during the time of	88875
enrollment, was approved by the ~~state veterinary medical licensing~~	88876
board or accredited by the American veterinary medical	88877
association:	88878

(A) Tuition;

88879

(B) Other educational expenses, such as fees, books, and	88880
laboratory expenses, for specific purposes and in amounts	88881
determined to be reasonable by the ~~state veterinary medical~~	88882
~~licensing~~ board;	88883

(C) Room and board, in an amount determined to be reasonable	88884
by the ~~state veterinary medical licensing~~ board.	88885

No repayment shall exceed twenty thousand dollars in any	88886
year. If, however, a repayment results in an increase in the	88887
veterinarian's federal, state, or local income tax liability, the	88888
~~Ohio board of regents~~board, at the veterinarian's request ~~and~~	88889
~~with the approval of the state veterinary medical licensing board~~,	88890
may reimburse the veterinarian for the increased tax liability	88891
regardless of the amount of the repayment made to the veterinarian	88892
in that year.	88893

Sec. 4741.44. (A) A veterinarian who has signed a letter of	88894
intent under section 4741.43 of the Revised Code,and the state	88895
veterinary medical licensing board~~, and the Ohio board of regents~~	88896
may enter into a contract for the veterinarian's participation in	88897
the veterinarian loan repayment program. A lending institution	88898
also may be a party to the contract.	88899

(B) The contract shall include all of the following	88900
obligations:	88901

(1) The veterinarian agrees to provide large animal	88902
veterinary services or to provide veterinary services necessary to	88903
implement or enforce the law or to protect public health, as	88904
applicable, in a veterinary resource shortage area identified in	88905
the letter of intent for at least two years or one year per ten	88906
thousand dollars of repayment agreed to under division (B)(3) of	88907
this section, whichever is greater.	88908

(2) When providing veterinary services in the veterinary	88909
resource shortage area, the veterinarian agrees to do both of the	88910
following:	88911

(a) Provide veterinary services for a minimum of forty hours	88912
per week;	88913

(b) Devote not less than sixty per cent of total monthly	88914
veterinary services to large animal veterinary services or	88915
veterinary services necessary to implement or enforce the law or	88916
to protect public health, as applicable.	88917

(3) The ~~Ohio board of regents~~state veterinary medical	88918
licensing board agrees, as provided in section 4741.41 of the	88919
Revised Code, to repay, so long as the veterinarian performs the	88920
service obligation agreed to under division (B)(1) of this	88921
section, all or part of the principal and interest of a government	88922
or other educational loan taken by the veterinarian for expenses	88923
described in section 4741.41 of the Revised Code.	88924

(4) The veterinarian agrees to pay the ~~Ohio board of regents~~	88925
state veterinary medical licensing board the following as damages	88926
if the veterinarian fails to complete the service obligation	88927
agreed to under division (B)(1) of this section:	88928

(a) If the failure occurs during the first two years of the	88929
service obligation, two times the total amount the board has	88930
agreed to pay under division (B)(3) of this section;	88931

(b) If the failure occurs after the first two years of the	88932
service obligation, two times the total amount the board is still	88933
obligated to repay under division (B)(3) of this section.	88934

(C) The contract may include any other terms agreed upon by	88935
the parties, including an assignment to the ~~Ohio board of regents~~	88936
state veterinary medical licensing board of the veterinarian's	88937
duty to pay the principal and interest of a government or other	88938
educational loan taken by the veterinarian for expenses described	88939
in section 4741.41 of the Revised Code. If the ~~Ohio board of~~	88940
~~regents~~state veterinary medical licensing board assumes the	88941
veterinarian's duty to pay a loan, the contract shall set forth	88942
the total amount of principal and interest to be paid, an	88943
amortization schedule, and the amount of each payment to be made	88944
under the schedule.	88945

(D) Not later than the thirty-first day of January each year,	88946
the ~~Ohio board of regents~~board shall mail to each veterinarian	88947
to whom or on whose behalf repayment is made under section	88948
4741.41 of the Revised Code a statement showing the amount of	88949
principal and interest repaid by the ~~Ohio board of regents~~board	88950
in the preceding year pursuant to the contract. The statement	88951
shall be sent by ordinary mail with address correction and	88952
forwarding requested in the manner prescribed by the United	88953
States postal service.	88954

Sec. 4741.45. The state veterinary medical licensing board,	88955
in accordance with Chapter 119. of the Revised Code, shall adopt	88956
rules that do all of the following:	88957

(A) Define "large animal veterinary services," "veterinary	88958
services necessary to implement or enforce the law," and	88959
"veterinary services necessary to protect public health";	88960

(B) Designate veterinary resource shortage areas comprised of	88961
areas in this state that have limited access to each of the	88962
following:	88963

(1) Large animal veterinary services;

88964

(2) Veterinary services necessary to implement or enforce the	88965
law;	88966

(3) Veterinary services necessary to protect public health.

88967

The designations may apply to a geographic area, one or more	88968
facilities within a particular area, or a population group of	88969
animals within a particular area.	88970

(C) Establish priorities among veterinary resource shortage	88971
areas for use in recruiting veterinarians under the veterinarian	88972
loan repayment program;	88973

(D) Establish priorities for use in determining eligibility	88974
among applicants for participation in the veterinarian loan	88975
repayment program;	88976

(E) Establish any other requirement or procedure that is	88977
necessary to implement and administer sections 4741.40 to 4741.47	88978
of the Revised Code.	88979

In adopting the rules, the board shall consult with the state	88980
veterinarian ~~and the Ohio board of regents~~.	88981

Sec. 4741.46. (A) The state veterinary medical licensing	88982
board may accept gifts of money from any source for the	88983
implementation and administration of sections 4741.40 to 4741.45	88984
of the Revised Code. The board shall deposit all gifts so accepted	88985
into the state treasury to the credit of the veterinary resource	88986
shortage area fund, which is hereby created. The board shall use	88987
the fund for the implementation and administration of sections	88988
4741.40 to 4741.45 of the Revised Code.	88989

(B) The ~~Ohio board of regents~~board may accept gifts of money	88990
from any source for the ~~implementation and administration of~~	88991
~~sections~~purposes of providing loans under the veterinarian loan	88992
repayment program created in section 4741.41 ~~and 4741.44~~ of the	88993
Revised Code. The board shall deposit all gifts so accepted	88994
together with all damages collected under division (B)(4) of	88995
section 4741.44 of the Revised Code into the state treasury to the	88996
credit of the veterinarian loan repayment fund, which is hereby	88997
created. The fund also shall consist of the portion of biennial	88998
renewal fees that is credited to the fund under section 4741.17 of	88999
the Revised Code. The board shall use the fund for the	89000
implementation and administration of the veterinarian loan	89001
repayment program ~~created in section 4741.41 of the Revised Code~~.	89002

Sec. 4755.06. The occupational therapy section of the Ohio	89003
occupational therapy, physical therapy, and athletic trainers	89004
board may make reasonable rules in accordance with Chapter 119. of	89005
the Revised Code relating to, but not limited to, the following:	89006

(A) The form and manner for filing applications for licensure	89007
under sections 4755.04 to 4755.13 of the Revised Code;	89008

(B) The issuance, suspension, and revocation of the	89009
licenses and the conducting of investigations and hearings;	89010

(C) Standards for approval of courses of study relative to	89011
the practice of occupational therapy;	89012

(D) The time and form of examination for the licensure;

89013

(E) Standards of ethical conduct in the practice of	89014
occupational therapy;	89015

(F) The form and manner for filing applications for renewal	89016
and a schedule of deadlines for renewal;	89017

(G) ~~Late fees and the~~The conditions under which a license of	89018
a licensee who files a late application for renewal will be	89019
reinstated;	89020

(H) Placing an existing license in escrow;

89021

(I) The amount, scope, and nature of continuing education	89022
activities required for license renewal, including waivers ~~and the~~	89023
~~establishment of appropriate fees to be charged for the~~	89024
~~administrative costs associated with the review~~ of the continuing	89025
education ~~activities~~requirements;	89026

(J) ~~Limited permit guidelines~~Guidelines for limited permits;

89027

(K) Requirements for criminal records checks of applicants	89028
under section 4776.03 of the Revised Code;	89029

(L) The amounts to be charged for the fees specified in	89030
section 4755.12 of the Revised Code;	89031

(M) The establishment of fees under division (A)(9) of	89032
section 4755.12 of the Revised Code and the amounts to be charged	89033
for the fees.	89034

The section may hear testimony in matters relating to the	89035
duties imposed upon it, and the chairperson and secretary of the	89036
section may administer oaths. The section may require proof,	89037
beyond the evidence found in the application, of the honesty,	89038
truthfulness, and good reputation of any person named in an	89039
application for ~~such~~ licensure, before admitting the applicant to	89040
an examination or issuing a license.	89041

Sec. 4755.12. (A) The occupational therapy section of the	89042
Ohio occupational therapy, physical therapy, and athletic trainers	89043
board shall charge aall of the following fees:	89044

(1) A nonrefundable examination fee, ~~established pursuant to~~	89045
~~section 4755.03 of the Revised Code,~~ which is to be paid at the	89046
time of application for licensure.	89047

~~The section shall charge an~~;

89048

(2) An application fee for an initial license;

89049

(3) An initial licensure fee~~, established pursuant to section~~	89050
~~4755.03 of the Revised Code.~~	89051

~~The section shall charge a~~;

89052

(4) A fee for biennial renewal ~~fee and shall charge a~~of a	89053
license;	89054

(5) A fee for late renewal of a license;

89055

(6) An appropriate fee for the administrative costs	89056
associated with the review of continuing education activities;	89057

(7) A fee for a limited permit~~, established pursuant to~~;

89058

(8) A fee for verification of a license;

89059

(9) Any other fee the occupational therapy section considers	89060
appropriate and establishes in rules adopted under section ~~4755.03~~	89061
4755.06 of the Revised Code.	89062

(B) Any person who is qualified to practice occupational	89063
therapy as certified by the section, but who is not in the active	89064
practice, as defined by section rule, may register with the	89065
section as a nonactive licensee at a biennial fee~~, established~~	89066
~~pursuant to section 4755.03 of the Revised Code~~.	89067

(C) The section may, by rule, provide for the waiver of all	89068
or part of a fee when the license is issued less than one hundred	89069
days before the date on which it will expire.	89070

(D) Except when all or part of a fee is waived under division	89071
(C) of this section, the amount charged by the occupational	89072
therapy section for each of its fees shall be the applicable	89073
amount determined in rules adopted under section 4755.06 of the	89074
Revised Code.	89075

Sec. 4757.10. The counselor, social worker, and marriage and	89076
family therapist board may adopt any rules necessary to carry out	89077
this chapter.	89078

The board shall adopt rules that do all of the following:

89079

(A) Concern intervention for and treatment of any impaired	89080
person holding a license or certificate of registration issued	89081
under this chapter;	89082

(B) Establish standards for training and experience of	89083
supervisors described in division (C) of section 4757.30 of the	89084
Revised Code;	89085

(C) Define the requirement that an applicant be of good moral	89086
character in order to be licensed or registered under this	89087
chapter;	89088

(D) Establish requirements for criminal records checks of	89089
applicants under section 4776.03 of the Revised Code;	89090

(E) Establish a graduated system of fines based on the scope	89091
and severity of violations and the history of compliance, not to	89092
exceed five hundred dollars per incident, that any professional	89093
standards committee of the board may charge for a disciplinary	89094
violation described in section 4757.36 of the Revised Code.	89095

All rules adopted under this section shall be adopted in	89096
accordance with Chapter 119. of the Revised Code. When it adopts	89097
rules under this section or any other section of this chapter, the	89098
board may consider standards established by any national	89099
association or other organization representing the interests of	89100
those involved in professional counseling, social work, or	89101
marriage and family therapy.	89102

Sec. 4757.31. (A) Subject to division (B) of this section,	89103
the counselor, social worker, and marriage and family therapist	89104
board shall establish, and may from time to time adjust, fees to	89105
be charged for the following:	89106

(1) Examination for licensure as a professional clinical	89107
counselor, professional counselor, marriage and family therapist,	89108
independent marriage and family therapist, social worker, or	89109
independent social worker;	89110

(2) Initial licenses of professional clinical counselors,	89111
professional counselors, marriage and family therapists,	89112
independent marriage and family therapists, social workers, and	89113
independent social workers, except that the board shall charge	89114
only one fee to a person who fulfills all requirements for more	89115
than one of the following initial licenses: an initial license as	89116
a social worker or independent social worker, an initial license	89117
as a professional counselor or professional clinical counselor,	89118
and an initial license as a marriage and family therapist or	89119
independent marriage and family therapist;	89120

(3) Initial certificates of registration of social work	89121
assistants;	89122

(4) Renewal and late renewal of licenses of professional	89123
clinical counselors, professional counselors, marriage and family	89124
therapists, independent marriage and family therapists, social	89125
workers, and independent social workers and renewal and late	89126
renewal of certificates of registration of social work assistants;	89127

(5) Verification, to another jurisdiction, of a license or	89128
registration issued by the board;	89129

(6) Continuing education programs offered by the board to	89130
licensees or registrants.	89131

(B) The fees charged under division (A)(1) of this section	89132
shall be established in amounts sufficient to cover the direct	89133
expenses incurred in examining applicants for licensure. The fees	89134
charged under divisions (A)(2)~~, (3), and (4)~~to (6) of this	89135
section shall be nonrefundable and shall be established in amounts	89136
sufficient to cover the necessary expenses in administering this	89137
chapter and rules adopted under it that are not covered by fees	89138
charged under division (A)(1) or (C) of this section. The renewal	89139
fee for a license or certificate of registration shall not be less	89140
than the initial fee for that license or certificate. The fees	89141
charged for licensure and registration and the renewal of	89142
licensure and registration may differ for the various types of	89143
licensure and registration, but shall not exceed one hundred	89144
twenty-five dollars each, unless the board determines that amounts	89145
in excess of one hundred twenty-five dollars are needed to cover	89146
its necessary expenses in administering this chapter and rules	89147
adopted under it and the amounts in excess of one hundred	89148
twenty-five dollars are approved by the controlling board.	89149

(C) All receipts of the board shall be deposited in the state	89150
treasury to the credit of the occupational licensing and	89151
regulatory fund. All vouchers of the board shall be approved by	89152
the chairperson or executive director of the board, or both, as	89153
authorized by the board.	89154

Sec. 4757.36. (A) The appropriate professional standards	89155
~~committees~~committee of the counselor, social worker, and marriage	89156
and family therapist board may, in accordance with Chapter 119. of	89157
the Revised Code, ~~may refuse to issue a license or certificate of~~	89158
~~registration applied for under this chapter; refuse to renew a~~	89159
~~license or certificate of registration issued under this chapter;~~	89160
~~suspend, revoke, or otherwise restrict a license or certificate of~~	89161
~~registration issued under this chapter; or reprimand a person~~	89162
~~holding a license or certificate of registration issued under this~~	89163
~~chapter. Such actions may be taken by the appropriate committee if~~	89164
~~the applicant for a license or certificate of registration or the~~	89165
~~person holding a license or certificate of registration has~~take	89166
any action specified in division (B) of this section against an	89167
individual who has applied for or holds a license to practice as a	89168
professional clinical counselor, professional counselor,	89169
independent marriage and family therapist, marriage and family	89170
therapist, social worker, or independent social worker, or a	89171
certificate of registration to practice as a social work	89172
assistant, for any reason described in division (C) of this	89173
section.	89174

(B) In its imposition of sanctions against an individual, the	89175
board may do any of the following:	89176

(1) Refuse to issue a license or certificate of registration;

89177

(2) Suspend, revoke, or otherwise restrict a license or	89178
certificate of registration;	89179

(3) Reprimand an individual holding a license or certificate	89180
of registration;	89181

(4) Impose a fine in accordance with the graduated system of	89182
fines established by the board in rules adopted under section	89183
4757.10 of the Revised Code.	89184

(C) The appropriate professional standards committee of the	89185
board may take an action specified in division (B) of this section	89186
for any of the following reasons:	89187

(1) ~~Committed a violation of~~Commission of an act that	89188
violates any provision of this chapter or rules adopted under it;	89189

(2) Knowingly ~~made~~making a false statement on an application	89190
for licensure or registration, or for renewal of a license or	89191
certificate of registration;	89192

(3) ~~Accepted~~Accepting a commission or rebate for referring	89193
persons to any professionals licensed, certified, or registered by	89194
any court or board, commission, department, division, or other	89195
agency of the state, including, but not limited to, individuals	89196
practicing counseling, social work, or marriage and family therapy	89197
or practicing in fields related to counseling, social work, or	89198
marriage and family therapy;	89199

(4) ~~Failed~~A failure to comply with section 4757.12 of the	89200
Revised Code;	89201

(5) ~~Been convicted~~A conviction in this or any other state	89202
of ~~any~~a crime that is a felony in this state;	89203

(6) ~~Had the ability~~A failure to perform properly as a	89204
professional clinical counselor, professional counselor,	89205
independent marriage and family therapist, marriage and family	89206
therapist, social work assistant, social worker, or independent	89207
social worker ~~impaired~~ due to the use of alcohol or other drugs or	89208
any other physical or mental condition;	89209

(7) ~~Been convicted~~A conviction in this state or in any other	89210
state of a misdemeanor committed in the course of practice as a	89211
professional clinical counselor, professional counselor,	89212
independent marriage and family therapist, marriage and family	89213
therapist, social work assistant, social worker, or independent	89214
social worker;	89215

(8) ~~Practiced~~Practicing outside the scope of practice	89216
applicable to that person;	89217

(9) ~~Practiced without complying with~~Practicing in violation	89218
of the supervision requirements specified under sections 4757.21	89219
and 4757.26, and division (F) of section 4757.30, of the Revised	89220
Code;	89221

(10) ~~Violated~~A violation of the person's code of ethical	89222
practice adopted by rule of the board pursuant to section 4757.11	89223
of the Revised Code;	89224

(11) ~~Had~~Revocation or suspension of a license or certificate	89225
of registration ~~revoked or suspended~~, or ~~voluntarily surrendered~~	89226
the voluntary surrender of a license or certificate of	89227
registration in another state or jurisdiction for an offense that	89228
would be a violation of this chapter.	89229

~~(B)~~(D) One year or more after the date of suspension or	89230
revocation of a license or certificate of registration under this	89231
section, application may be made to the appropriate professional	89232
standards committee for reinstatement. The committee may accept or	89233
refuse an application for reinstatement. If a license has been	89234
suspended or revoked, the committee may require an examination for	89235
reinstatement.	89236

(E) On request of the board, the attorney general shall bring	89237
and prosecute to judgment a civil action to collect any fine	89238
imposed under division (B)(4) of this section that remains unpaid.	89239

(F) All fines collected under division (B)(4) of this section	89240
shall be deposited into the state treasury to the credit of the	89241
occupational licensing and regulatory fund.	89242

Sec. 4763.01. As used in this chapter:

89243

(A) "Real estate appraisal" or "appraisal" means an analysis,	89244
opinion, or conclusion relating to the nature, quality, value, or	89245
utility of specified interests in, or aspects of identified real	89246
estate that is classified as either a valuation or an analysis.	89247

(B) "Valuation" means an estimate of the value of real	89248
estate.	89249

(C) "Analysis" means a study of real estate for purposes	89250
other than valuation.	89251

(D) "Appraisal report" means a written communication of a	89252
real estate appraisal, appraisal review, or appraisal consulting	89253
service or an oral communication of a real estate appraisal	89254
~~accompanied~~, appraisal review, or appraisal consulting service	89255
that is documented by a writing that supports the oral	89256
communication.	89257

(E) "Appraisal assignment" means an engagement for which a	89258
person licensed or certified under this chapter is employed or,	89259
retained, or engaged to act, or would be perceived by third	89260
parties or the public as acting, as a disinterested third party in	89261
rendering an unbiased real estate appraisal.	89262

(F) "Specialized services" means all appraisal services,	89263
other than appraisal assignments, including, but not limited to,	89264
valuation and analysis given in connection with activities such as	89265
real estate brokerage, mortgage banking, real estate counseling,	89266
and real estate tax counseling, and specialized marketing,	89267
financing, and feasibility studies.	89268

(G) "Real estate" has the same meaning as in section 4735.01	89269
of the Revised Code.	89270

(H) "Appraisal foundation" means a nonprofit corporation	89271
incorporated under the laws of the state of Illinois on November	89272
30, 1987, for the purposes of establishing and improving uniform	89273
appraisal standards by defining, issuing, and promoting those	89274
standards; establishing appropriate criteria for the certification	89275
and recertification of qualified appraisers by defining, issuing,	89276
and promoting the qualification criteria and disseminating the	89277
qualification criteria to others; and developing or assisting in	89278
development of appropriate examinations for qualified appraisers.	89279

(I) "Prepare" means to develop and communicate, whether	89280
through a personal physical inspection or through the act or	89281
process of critically studying a report prepared by another who	89282
made the physical inspection, an appraisal, analysis, or opinion,	89283
or specialized service and to report the results. If the person	89284
who develops and communicates the appraisal or specialized service	89285
does not make the personal inspection, the name of the person who	89286
does make the personal inspection shall be identified on the	89287
appraisal or specialized service reported.	89288

(J) "Report" means any communication, written, oral, or by	89289
any other means of transmission of information, of a real estate	89290
appraisal, appraisal review, appraisal consulting service, or	89291
specialized service that is transmitted to a client or employer	89292
upon completion of the appraisal or service.	89293

(K) "State-certified general real estate appraiser" means any	89294
person who satisfies the certification requirements of this	89295
chapter relating to the appraisal of all types of real property	89296
and who holds a current and valid certificate or renewal	89297
certificate issued to the person pursuant to this chapter.	89298

(L) "State-certified residential real estate appraiser" means	89299
any person who satisfies the certification requirements only	89300
relating to the appraisal of one to four units of single-family	89301
residential real estate without regard to transaction value or	89302
complexity and who holds a current and valid certificate or	89303
renewal certificate issued to the person pursuant to this chapter.	89304

(M) "State-licensed residential real estate appraiser" means	89305
any person who satisfies the licensure requirements of this	89306
chapter relating to the appraisal of noncomplex one-to-four unit	89307
single-family residential real estate having a transaction value	89308
of less than one million dollars and complex one-to-four unit	89309
single-family residential real estate having a transaction value	89310
of less than two hundred fifty thousand dollars and who holds a	89311
current and valid license or renewal license issued to the person	89312
pursuant to this chapter.	89313

(N) "Certified or licensed real estate appraisal" means an	89314
appraisal prepared and reported by a certificate holder or	89315
licensee under this chapter acting within the scope of	89316
certification or licensure and as a disinterested third party.	89317

(O) "State-registered real estate appraiser assistant" means	89318
any person, other than a state-certified general real estate	89319
appraiser, state-certified residential real estate appraiser, or a	89320
state-licensed residential real estate appraiser, who satisfies	89321
the registration requirements of this chapter for participating in	89322
the development and preparation of real estate appraisals and who	89323
holds a current and valid registration or renewal registration	89324
issued to the person pursuant to this chapter.	89325

(P) "Institution of higher education" means a state	89326
university or college, a private college or university located in	89327
this state that possesses a certificate of authorization issued by	89328
the Ohio board of regents pursuant to Chapter 1713. of the Revised	89329
Code, or an accredited college or university located outside this	89330
state that is accredited by an accrediting organization or	89331
professional accrediting association recognized by the Ohio board	89332
of regents.	89333

(Q) "Division of real estate" may be used interchangeably	89334
with, and for all purposes has the same meaning as, "division of	89335
real estate and professional licensing."	89336

(R) "Superintendent" or "superintendent of real estate" means	89337
the superintendent of the division of real estate and professional	89338
licensing of this state. Whenever the division or superintendent	89339
of real estate is referred to or designated in any statute, rule,	89340
contract, or other document, the reference or designation shall be	89341
deemed to refer to the division or superintendent of real estate	89342
and professional licensing, as the case may be.	89343

(S) "Appraisal review" means the act or process of developing	89344
and communicating an opinion about the quality of another	89345
appraiser's work that was performed as part of an appraisal,	89346
appraisal review, or appraisal consulting assignment.	89347

(T) "Appraisal consulting" means the act or process of	89348
developing an analysis, recommendation, or opinion to solve a	89349
problem related to real estate.	89350

(U) "Work file" means documentation used during the	89351
preparation of an appraisal report or necessary to support an	89352
appraiser's analyses, opinions, or conclusions.	89353

Sec. 4763.03. (A) In addition to any other duties imposed on	89354
the real estate appraiser board under this chapter, the board	89355
shall:	89356

(1) Adopt rules, in accordance with Chapter 119. of the	89357
Revised Code, in furtherance of this chapter, including, but not	89358
limited to, all of the following:	89359

(a) Defining, with respect to state-certified general real	89360
estate appraisers, state-certified residential real estate	89361
appraisers, and state-licensed residential real estate appraisers,	89362
the type of educational experience, appraisal experience, and	89363
other equivalent experience that satisfy the requirements of this	89364
chapter. The rules shall require that all appraisal experience	89365
performed after January 1, 1996, meet the uniform standards of	89366
professional practice established by the appraisal foundation.	89367

(b) Establishing the examination specifications for	89368
state-certified general real estate appraisers, state-certified	89369
residential real estate appraisers, and state-licensed residential	89370
real estate appraisers;	89371

(c) Relating to disciplinary proceedings conducted in	89372
accordance with section 4763.11 of the Revised Code, including	89373
rules governing the reinstatement of certificates, registrations,	89374
and licenses that have been suspended pursuant to those	89375
proceedings;	89376

(d) Identifying any additional information to be included on	89377
the forms specified in division (C) of section 4763.12 of the	89378
Revised Code, provided that the rules shall not require any less	89379
information than is required in that division;	89380

(e) Establishing the fees set forth in section 4763.09 of the	89381
Revised Code;	89382

(f) Establishing the amount of the assessment required by	89383
division (A)(2) of section 4763.05 of the Revised Code. The board	89384
annually shall determine the amount due from each applicant for an	89385
initial certificate, registration, and license in an amount that	89386
will maintain the real estate appraiser recovery fund at the level	89387
specified in division (A) of section 4763.16 of the Revised Code.	89388
The board may, if the fund falls below that amount, require	89389
current certificate holders, registrants, and licensees to pay an	89390
additional assessment.	89391

(g) Defining the educational requirements pursuant to	89392
division (C) of section 4763.05 of the Revised Code;	89393

(h) Establishing a real estate appraiser assistant program	89394
for the registration of real estate appraiser assistants.	89395

(2) Prescribe by rule the requirements for the examinations	89396
required by division (D) of section 4763.05 of the Revised Code;	89397

(3) Periodically review the standards for ~~preparation and~~	89398
~~reporting of real estate appraisals~~the development and reporting	89399
of appraisal reports provided in this chapter and adopt rules	89400
explaining and interpreting those standards;	89401

(4) Hear appeals, pursuant to Chapter 119. of the Revised	89402
Code, from decisions and orders the superintendent of real estate	89403
issues pursuant to this chapter;	89404

(5) Request the initiation by the superintendent of	89405
investigations of violations of this chapter or the rules adopted	89406
pursuant thereto, as the board determines appropriate;	89407

(6) Determine the appropriate disciplinary actions to be	89408
taken against certificate holders, registrants, and licensees	89409
under this chapter as provided in section 4763.11 of the Revised	89410
Code.	89411

(B) In addition to any other duties imposed on the	89412
superintendent of real estate under this chapter, the	89413
superintendent shall:	89414

(1) Prescribe the form and content of all applications	89415
required by this chapter;	89416

(2) Receive applications for certifications, registrations,	89417
and licenses and renewal thereof under this chapter and establish	89418
the procedures for processing, approving, and disapproving those	89419
applications;	89420

(3) Retain records and all application materials submitted to	89421
the superintendent;	89422

(4) Establish the time and place for conducting the	89423
examinations required by division (D) of section 4763.05 of the	89424
Revised Code;	89425

(5) Issue certificates, registrations, and licenses and	89426
maintain a register of the names and addresses of all persons	89427
issued a certificate, registration, or license under this chapter;	89428

(6) Perform any other functions and duties, including the	89429
employment of staff, necessary to administer this chapter;	89430

(7) Administer this chapter;

89431

(8) Issue all orders necessary to implement this chapter;

89432

(9) Investigate complaints, upon the superintendent's own	89433
motion or upon receipt of a complaint or upon a request of the	89434
board, concerning any violation of this chapter or the rules	89435
adopted pursuant thereto or the conduct of any person holding a	89436
certificate, registration, or license issued pursuant to this	89437
chapter;	89438

(10) Establish and maintain an investigation and audit	89439
section to investigate complaints and conduct inspections, audits,	89440
and other inquiries as in the judgment of the superintendent are	89441
appropriate to enforce this chapter. The investigators and	89442
auditors have the right to review and audit the business records	89443
of certificate holders, registrants, and licensees during normal	89444
business hours. The superintendent may utilize the investigators	89445
and auditors employed pursuant to division (B)(4) of section	89446
4735.05 of the Revised Code or currently licensed certificate	89447
holders or licensees to assist in performing the duties of this	89448
division.	89449

(11) Appoint a referee or examiner for any proceeding	89450
involving the ~~revocation or suspension of a certificate,~~	89451
~~registration, or license under section 3123.47 or~~disciplinary	89452
action of a certificate holder, licensee, or registrant under	89453
section 4763.11 of the Revised Code;	89454

(12) Administer the real estate appraiser recovery fund;

89455

(13) Conduct the examinations required by division (D) of	89456
section 4763.05 of the Revised Code at least four times per year.	89457

89458

(1) In connection with investigations and audits under	89459
division (B) of this section, subpoena witnesses as provided in	89460
section 4763.04 of the Revised Code;	89461

(2) Apply to the appropriate court to enjoin any violation of	89462
this chapter. Upon a showing by the superintendent that any person	89463
has violated or is about to violate this chapter, the court shall	89464
grant an injunction, restraining order, or other appropriate	89465
relief, or any combination thereof.	89466

(D) All information that is obtained by investigators and	89467
auditors performing investigations or conducting inspections,	89468
audits, and other inquiries pursuant to division (B)(10) of this	89469
section, from certificate holders, registrants, licensees,	89470
complainants, or other persons, and all reports, documents, and	89471
other work products that arise from that information and that are	89472
prepared by the investigators, auditors, or other personnel of the	89473
department of commerce, shall be held in confidence by the	89474
superintendent, the investigators and auditors, and other	89475
personnel of the department.	89476

(E) This section does not prevent the division of real estate	89477
and professional licensing from releasing information relating to	89478
certificate holders, registrants, and licensees to the	89479
superintendent of financial institutions for purposes relating to	89480
the administration of sections 1322.01 to 1322.12 of the Revised	89481
Code, to the superintendent of insurance for purposes relating to	89482
the administration of Chapter 3953. of the Revised Code, to the	89483
attorney general, or to local law enforcement agencies and local	89484
prosecutors. Information released by the division pursuant to this	89485
section remains confidential.	89486

(F) Any rule the board adopts shall not exceed the	89487
requirements specified in federal law or regulations.	89488

Sec. 4763.04. The real estate appraiser board or the	89489
superintendent orof real estate may compel, by order or subpoena,	89490
the attendance of witnesses to testify in relation to any matter	89491
over which the board or the superintendent has jurisdiction and	89492
which is the subject of the inquiry and investigation by the board	89493
or superintendent, and require the production of any book, paper,	89494
or document pertaining to such matter. For such purpose, the board	89495
or the superintendent has the same power as judges of county	89496
courts to administer oaths, compel the attendance of witnesses,	89497
and punish witnesses for refusal to testify. ~~Sheriffs and~~service	89498
of the subpoena may be made by constables or by certified mail,	89499
return receipt requested, and the subpoena shall be deemed served	89500
on the date delivery is made or the date the person refuses to	89501
accept delivery. Sheriffs or constables shall ~~serve and~~ return	89502
such process and shall receive the same fees for doing so as are	89503
allowed for like service if service of the subpoena is made by	89504
sheriffs or constables. Witnesses shall receive, after their	89505
appearance before the board or the superintendent, the fees and	89506
mileage provided for under section 119.094 of the Revised Code.	89507
If two or more witnesses travel together in the same vehicle,	89508
the mileage fee shall be paid to only one of those witnesses,	89509
but the witnesses may agree to divide the fee among themselves	89510
in any manner.	89511

In addition to the powers and duties granted to the board and	89512
the superintendent under this section, in case any person fails to	89513
file any statement or report, obey any subpoena, give testimony,	89514
answer questions, or produce books, records, or papers as required	89515
by the board or the superintendent under this chapter, the court	89516
of common pleas of any county in the state, upon application made	89517
to it by the board or the superintendent setting forth the	89518
failure, may make an order awarding process of subpoena or	89519
subpoena duces tecum for the person to appear and testify before	89520
the board or the superintendent, and may order any person to give	89521
testimony and answer questions, and to produce books, records, or	89522
papers, as required by the board or the superintendent. Upon the	89523
filing of such order in the office of the clerk of the court of	89524
common pleas, the clerk, under the seal of the court, shall issue	89525
process or subpoena, and each day thereafter until the examination	89526
of the person is completed. The subpoena may contain a direction	89527
that the witness bring with the witness to the examination any	89528
books, records, or papers mentioned in the subpoena. The clerk	89529
also shall issue, under the seal of the court, such other orders,	89530
in reference to the examination, appearance, and production of	89531
books, records, or papers, as the court directs. If any person	89532
summoned by subpoena fails to obey the subpoena, to give	89533
testimony, to answer questions as required, or to obey an order of	89534
the court, the court, on motion supported by proof, may order an	89535
attachment for contempt to be issued against the person charged	89536
with disobedience of any order or injunction issued by the court	89537
under this chapter. If the person is brought before the court by	89538
virtue of the attachment, and if upon a hearing the disobedience	89539
appears, the court may order the offender to be committed and kept	89540
in close custody.	89541

Sec. 4763.05. (A)(1)(a) A person shall make application for	89542
an initial state-certified general real estate appraiser	89543
certificate, an initial state-certified residential real estate	89544
appraiser certificate, an initial state-licensed residential real	89545
estate appraiser license, or an initial state-registered real	89546
estate appraiser assistant registration in writing to the	89547
superintendent of real estate on a form the superintendent	89548
prescribes. The application shall include the address of the	89549
applicant's principal place of business and all other addresses at	89550
which the applicant currently engages in the business of preparing	89551
real estate appraisals and the address of the applicant's current	89552
residence. The superintendent shall retain the applicant's current	89553
residence address in a separate record which shall not constitute	89554
a public record for purposes of section 149.03 of the Revised	89555
Code. The application shall indicate whether the applicant seeks	89556
certification as a general real estate appraiser or as a	89557
residential real estate appraiser, licensure as a residential real	89558
estate appraiser, or registration as a real estate appraiser	89559
assistant and be accompanied by the prescribed examination and	89560
certification, registration, or licensure fees set forth in	89561
section 4763.09 of the Revised Code. The application also shall	89562
include ~~a fingerprint of the applicant;~~ a pledge, signed by the	89563
applicant, that the applicant will comply with the standards set	89564
forth in this chapter; and a statement that the applicant	89565
understands the types of misconduct for which disciplinary	89566
proceedings may be initiated against the applicant pursuant to	89567
this chapter.	89568

(b) Upon the filing of an application and payment of any	89569
examination and certification, registration, or licensure fees,	89570
the superintendent of real estate shall request the superintendent	89571
of the bureau of criminal identification and investigation, or a	89572
vendor approved by the bureau, to conduct a criminal records check	89573
based on the applicant's fingerprints in accordance with division	89574
(A)(11) of section 109.572 of the Revised Code. Notwithstanding	89575
division (K) of section 121.08 of the Revised Code, the	89576
superintendent of real estate shall request that criminal record	89577
information from the federal bureau of investigation be obtained	89578
as part of the criminal records check. Any fee required under	89579
division (C)(3) of section 109.572 of the Revised Code shall be	89580
paid by the applicant.	89581

(2) For purposes of providing funding for the real estate	89582
appraiser recovery fund established by section 4763.16 of the	89583
Revised Code, the real estate appraiser board shall levy an	89584
assessment against each person issued an initial certificate,	89585
registration, or license and against current licensees,	89586
registrants, and certificate holders, as required by board rule.	89587
The assessment is in addition to the application and examination	89588
fees for initial applicants required by division (A)(1) of this	89589
section and the renewal fees required for current certificate	89590
holders, registrants, and licensees. The superintendent of real	89591
estate shall deposit the assessment into the state treasury to the	89592
credit of the real estate appraiser recovery fund. The assessment	89593
for initial certificate holders, registrants, and licensees shall	89594
be paid prior to the issuance of a certificate, registration, or	89595
license, and for current certificate holders, registrants, and	89596
licensees, at the time of renewal.	89597

(B) An applicant for an initial general real estate appraiser	89598
certificate, residential real estate appraiser certificate, or	89599
residential real estate appraiser license shall possess	89600
experience in real estate appraisal as the board prescribes by	89601
rule. In addition to any other information required by the board,	89602
the applicant shall furnish, under oath, a detailed listing of the	89603
appraisal reports or file memoranda for each year for which	89604
experience is claimed and, upon request of the superintendent or	89605
the board, shall make available for examination a sample of the	89606
appraisal reports prepared by the applicant in the course of the	89607
applicant's practice.	89608

(C) An applicant for an initial certificate, registration, or	89609
license shall be at least eighteen years of age, honest, truthful,	89610
and of good reputation and shall present satisfactory evidence to	89611
the superintendent that the applicant has successfully completed	89612
any education requirements the board prescribes by rule.	89613

(D) An applicant for an initial general real estate appraiser	89614
or residential real estate appraiser certificate or residential	89615
real estate appraiser license shall take and successfully complete	89616
a written examination in order to qualify for the certificate or	89617
license.	89618

The board shall prescribe the examination requirements by	89619
rule.	89620

(E)(1) A nonresident, natural person of this state who has	89621
complied with this section may obtain a certificate, registration,	89622
or license. The board shall adopt rules relating to the	89623
certification, registration, and licensure of a nonresident	89624
applicant whose state of residence the board determines to have	89625
certification, registration, or licensure requirements that are	89626
substantially similar to those set forth in this chapter and the	89627
rules adopted thereunder.	89628

(2) The board shall recognize on a temporary basis a	89629
certification or license issued in another state and shall	89630
register on a temporary basis an appraiser who is certified or	89631
licensed in another state if all of the following apply:	89632

(a) The temporary registration is to perform an appraisal	89633
assignment that is part of a federally related transaction.	89634

(b) The appraiser's business in this state is of a temporary	89635
nature.	89636

(c) The appraiser registers with the board pursuant to this	89637
division.	89638

An appraiser who is certified or licensed in another state	89639
shall register with the board for temporary practice before	89640
performing an appraisal assignment in this state in connection	89641
with a federally related transaction.	89642

The board shall adopt rules relating to registration for the	89643
temporary recognition of certification and licensure of appraisers	89644
from another state. The registration for temporary recognition of	89645
certified or licensed appraisers from another state shall not	89646
authorize completion of more than one appraisal assignment in this	89647
state. The board shall not issue more than two registrations for	89648
temporary practice to any one applicant in any calendar year.	89649

(3) In addition to any other information required to be	89650
submitted with the nonresident applicant's or appraiser's	89651
application for a certificate, registration, license, or temporary	89652
recognition of a certificate or license, each nonresident	89653
applicant or appraiser shall submit a statement consenting to the	89654
service of process upon the nonresident applicant or appraiser by	89655
means of delivering that process to the secretary of state if, in	89656
an action against the applicant, certificate holder, registrant,	89657
or licensee arising from the applicant's, certificate holder's,	89658
registrant's, or licensee's activities as a certificate holder,	89659
registrant, or licensee, the plaintiff, in the exercise of due	89660
diligence, cannot effect personal service upon the applicant,	89661
certificate holder, registrant, or licensee.	89662

(F) The superintendent shall not issue a certificate,	89663
registration, or license to, or recognize on a temporary basis an	89664
appraiser from another state that is a corporation, partnership,	89665
or association. This prohibition shall not be construed to prevent	89666
a certificate holder or licensee from signing an appraisal report	89667
on behalf of a corporation, partnership, or association.	89668

(G) Every person licensed, registered, or certified under	89669
this chapter shall notify the superintendent, on a form provided	89670
by the superintendent, of a change in the address of the	89671
licensee's, registrant's, or certificate holder's principal place	89672
of business or residence within thirty days of the change. If a	89673
licensee's, registrant's, or certificate holder's license,	89674
registration, or certificate is revoked or not renewed, the	89675
licensee, registrant, or certificate holder immediately shall	89676
return the annual and any renewal certificate, registration, or	89677
license to the superintendent.	89678

(H)(1) The superintendent shall not issue a certificate,	89679
registration, or license to any person, or recognize on a	89680
temporary basis an appraiser from another state, who does not meet	89681
applicable minimum criteria for state certification, registration,	89682
or licensure prescribed by federal law or rule.	89683

(2) The superintendent shall not issue a general real estate	89684
appraiser certificate, residential real estate appraiser	89685
certificate, residential real estate appraiser license, or real	89686
estate appraiser assistant registration to any person who has been	89687
convicted of or pleaded guilty to any criminal offense involving	89688
theft, receiving stolen property, embezzlement, forgery, fraud,	89689
passing bad checks, money laundering, or drug trafficking, or any	89690
criminal offense involving money or securities, including a	89691
violation of an existing or former law of this state, any other	89692
state, or the United States that substantially is equivalent to	89693
such an offense. However, if the applicant has pleaded guilty to	89694
or been convicted of such an offense, the superintendent shall not	89695
consider the offense if the applicant has proven to the	89696
superintendent, by a preponderance of the evidence, that the	89697
applicant's activities and employment record since the conviction	89698
show that the applicant is honest, truthful, and of good	89699
reputation, and there is no basis in fact for believing that the	89700
applicant will commit such an offense again.	89701

Sec. 4763.07. (A) Every state-certified general real estate	89702
appraiser, state-certified residential real estate appraiser,and	89703
state-licensed residential real estate appraiser~~, and~~	89704
~~state-registered real estate appraiser assistant~~ shall submit	89705
proof of successfully completing a minimum of fourteen classroom	89706
hours of continuing education instruction in courses or seminars	89707
approved by the real estate appraiser board. The certificate	89708
holder and licensee shall have satisfied the fourteen-hour	89709
continuing education requirements within the one-year period	89710
immediately following the issuance of the initial certificate or	89711
license and shall satisfy those requirements annually thereafter.	89712
A state-registered real estate appraiser assistant who remains in	89713
this classification for more than two years shall satisfy in the	89714
third and successive years this section's requirements. If the	89715
certificate holder or, licensee, or registrant fails to submit	89716
proof to the superintendent of meeting these requirements, the	89717
certificate holder's, registrant's, or licensee's certificate or,	89718
license, or registration automatically is suspended. The	89719
superintendent shall notify the certificate holder or, licensee,	89720
or registrant of the suspension and if the certificate holder or,	89721
licensee, or registrant fails to submit proof to the	89722
superintendent of meeting those requirements within three months	89723
from the date of suspension, the superintendent shall revoke the	89724
certificate or, license, or registration. If a certificate holder	89725
or, licensee, or registrant whose certificate or, license, or	89726
registration has been revoked under this division desires to be	89727
certified or, licensed, or registered under this chapter the	89728
certificate holder or, licensee, or registrant shall apply for an	89729
initial certificate or, license, or registration and shall meet	89730
all of the requirements of section 4763.05 of the Revised Code for	89731
the issuance of a certificate or, license, or registration.	89732

A certificate holder ~~and~~, licensee, or registrant may satisfy	89733
all or a portion of the required hours of classroom instruction in	89734
the following manner:	89735

(1) Completion of an educational program of study determined	89736
by the board to be equivalent, for continuing education purposes,	89737
to courses or seminars approved by the board;	89738

(2) Participation, other than as a student, in educational	89739
processes or programs approved by the board that relate to real	89740
estate appraisal theory, practices, or techniques.	89741

A certificate holder and a licensee shall present to the	89742
superintendent of real estate evidence of the manner in which the	89743
certificate holder and licensee satisfied the requirements of	89744
division (A) of this section.	89745

(B) The board shall adopt rules for implementing a continuing	89746
education program for state-certified general real estate	89747
appraisers, state-certified residential real estate appraisers,	89748
state-licensed residential real estate appraisers, and	89749
state-registered real estate appraiser assistants for the purpose	89750
of assuring that certificate holders ~~and~~, licensees, and	89751
registrants have current knowledge of real estate appraisal	89752
theories, practices, and techniques that will provide a high	89753
degree of service and protection to members of the public. In	89754
addition to any other provisions the board considers appropriate,	89755
the rules adopted by the board shall prescribe the following:	89756

(1) Policies and procedures for obtaining board approval of	89757
courses of instruction and seminars;	89758

(2) Standards, policies, and procedures to be applied in	89759
evaluating the alternative methods of complying with continuing	89760
education requirements set forth in divisions (A)(1) and (2) of	89761
this section;	89762

(3) Standards, monitoring methods, and systems for recording	89763
attendance to be employed by course sponsors as a prerequisite to	89764
approval of courses for continuing education credit.	89765

(C) No amendment or rescission of a rule the board adopts	89766
pursuant to division (B) of this section shall operate to deprive	89767
a certificate holder or licensee of credit toward renewal of	89768
certification or licensure for any course of instruction completed	89769
by the certificate holder or licensee prior to the effective date	89770
of the amendment or rescission that would have qualified for	89771
credit under the rule as it existed prior to amendment or	89772
rescission.	89773

(D) The superintendent of real estate shall not issue a	89774
renewal certificate, registration, or license to any person who	89775
does not meet applicable minimum criteria for state certification,	89776
registration, or licensure prescribed by federal law or rule.	89777

Sec. 4763.09. (A) The real estate appraiser board shall	89778
adopt rules, in accordance with Chapter 119. of the Revised Code,	89779
for the establishment of the following fees:	89780

(1) The examination fee required under division (A) of	89781
section 4763.05 of the Revised Code, up to a maximum of one	89782
hundred fifty dollars, which fee shall be nonrefundable;	89783

(2) The initial state-certified general real estate appraiser	89784
and state-certified residential real estate appraiser	89785
certification and state-licensed residential real estate appraiser	89786
license fees, and the annual renewal thereof, up to a maximum of	89787
one hundred ~~twenty-five~~seventy-five dollars each;	89788

(3) The initial real estate appraiser assistant registration	89789
fee, and the annual renewal thereof, up to a maximum of ~~fifty~~one	89790
hundred dollars;	89791

(4) The late filing fee for renewal of a certification,	89792
registration, or license, which shall be one-half of the	89793
certification, registration, and licensure fees established	89794
pursuant to divisions (A)(2) and (3) of this section;	89795

(5) The amount to be charged to cover the cost of the	89796
issuance of a temporary certificate or license under division	89797
(E)(2) of section 4763.05 of the Revised Code;	89798

(6) Other reasonable fees as needed, including any annual	89799
pass-through charges imposed by the federal government.	89800

(B) An applicant for certification or licensure under this	89801
chapter shall pay the examination fee directly to a testing	89802
service if so prescribed and in such amount as the superintendent	89803
of real estate prescribes. The balance, if any, of the examination	89804
fee shall accompany the application.	89805

Sec. 4763.11. (A) Within ~~five~~ten business days after a	89806
person files a ~~signed~~ written complaint against a person	89807
certified, registered, or licensed under this chapter with the	89808
division of real estate, the superintendent of real estate shall	89809
acknowledge receipt of the complaint ~~or request and send a~~by	89810
sending notice to the certificate holder, registrant, or licensee	89811
~~describing the acts of which there is a~~that includes a copy of	89812
the complaint. The acknowledgement to the complainant and the	89813
notice to the certificate holder, registrant, or licensee ~~shall~~	89814
may state that an informal mediation meeting will be held with the	89815
complainant, the certificate holder, registrant, or licensee, and	89816
an investigator from the investigation and audit section of the	89817
division, if the complainant and certificate holder, registrant,	89818
or licensee both file a request for such a meeting within ~~ten~~	89819
~~business~~twenty calendar days ~~thereafter on a form the~~	89820
~~superintendent provides~~after the acknowledgment and notice are	89821
mailed.	89822

(B) If the complainant and certificate holder, registrant, or	89823
licensee both file with the division requests for an informal	89824
mediation meeting, the superintendent shall notify the complainant	89825
and certificate holder, registrant, or licensee of the date of the	89826
meeting, ~~which shall be within twenty business days thereafter,~~	89827
~~except that the complainant, certificate holder, registrant, or~~	89828
~~licensee may request an extension of up to fifteen business days~~	89829
~~for good cause shown~~by regular mail. If the complainant and	89830
certificate holder, registrant, or licensee reach an accommodation	89831
at an informal mediation meeting, the investigator shall so report	89832
the accommodation to the superintendent ~~and to~~, the complainant,	89833
and the certificate holder, registrant, or licensee and the	89834
complaint file shall be closed~~, unless, based upon the~~	89835
~~investigator's report, the superintendent finds evidence that the~~	89836
~~certificate holder, registrant, or licensee has violated division~~	89837
~~(G) of this section~~upon the superintendent receiving satisfactory	89838
notice that the accommodation has been fulfilled.	89839

(C) If the complainant and certificate holder, registrant, or	89840
licensee fail to agree to an informal mediation meeting or fail to	89841
reach an accommodation~~, or if the superintendent finds evidence of~~	89842
~~a violation of division (G) of this section pursuant to an~~	89843
~~investigation conducted pursuant to division (B)(9) of section~~	89844
~~4763.03 of the Revised Code~~agreement, or fail to fulfill an	89845
accommodation agreement, the superintendent shall~~, within five~~	89846
~~business days of such determination, notify the complainant and~~	89847
~~certificate holder, registrant, or licensee and investigate~~assign	89848
the complaint to an investigator for an investigation into the	89849
conduct of the certificate holder, registrant, or licensee against	89850
whom the complaint is filed.	89851

(D) ~~Within sixty business days after receipt of the~~	89852
~~complaint, or, if an informal meeting is held, within sixty days~~	89853
~~after such meeting~~Upon the conclusion of the investigation, the	89854
investigator shall file a written report of the results of the	89855
investigation with the superintendent. ~~Within ten business days~~	89856
~~thereafter, the~~The superintendent shall review the report and	89857
determine whether there exists reasonable and substantial evidence	89858
of a violation of division (G) of this section by the certificate	89859
holder, registrant, or licensee. If the superintendent finds such	89860
evidence exists, ~~within five business days of that determination,~~	89861
the superintendent shall notify the complainant and certificate	89862
holder, registrant, or licensee of the determination. The	89863
certificate holder, registrant, or licensee may request a hearing	89864
pursuant to Chapter 119. of the Revised Code. If a formal hearing	89865
is conducted, the hearing examiner shall file a report of findings	89866
of fact and conclusions of law with the superintendent, the board,	89867
the complainant and the certificate holder, licensee, or	89868
registrant after the conclusion of the formal hearing. Within ten	89869
calendar days of receipt of the copy of the hearing examiner's	89870
finding of fact and conclusions of law, the certificate holder,	89871
licensee, or registrant or the division may file with the board	89872
written objections to the hearing examiner's report, which shall	89873
be considered by the board before approving, modifying, or	89874
rejecting the hearing examiner's report. If the superintendent	89875
finds that such evidence does not exist, ~~within five business days~~	89876
~~thereafter,~~ the superintendent shall notify the complainant and	89877
certificate holder, registrant, or licensee of that determination	89878
and the basis for the determination. Within fifteen business days	89879
after the superintendent notifies the complainant and certificate	89880
holder, registrant, or licensee that such evidence does not exist,	89881
the complainant may file with the division a request that the real	89882
estate appraiser board review the determination. If the	89883
complainant files such request, the board shall review the	89884
determination at the next regularly scheduled meeting held at	89885
least fifteen business days after the request is filed but no	89886
longer than six months after the request is filed. The board may	89887
hear the testimony of the complainant, certificate holder,	89888
registrant, or licensee at the meeting upon the request of that	89889
party. If the board affirms the determination of the	89890
superintendent, the superintendent shall notify the complainant	89891
and the certificate holder, registrant, or licensee within five	89892
business days thereafter. If the board reverses the determination	89893
of the superintendent, a hearing before a hearing examiner shall	89894
be held and the complainant and certificate holder, registrant, or	89895
licensee notified as provided in this division.	89896

(E) The board shall review the referee's or hearing	89897
examiner's report and the evidence at the next regularly scheduled	89898
board meeting held at least fifteen business days after receipt of	89899
the referee's or examiner's report. The board may hear the	89900
testimony of the complainant, certificate holder, registrant, or	89901
licensee upon request. If the complainant is the Ohio civil	89902
rights commission, the board shall review the complaint	89903

(F) If the board determines that a licensee, registrant, or	89904
certificate holder has violated this chapter for which	89905
disciplinary action may be taken under division (G) of this	89906
section, after review of the referee's or examiner's report and	89907
the evidence as provided in division (E) of this section, the	89908
board shall order the disciplinary action the board considers	89909
appropriate, which may include, but is not limited to, any of the	89910
following:	89911

(1) Reprimand of the certificate holder, registrant, or	89912
licensee;	89913

(2) Imposition of a fine, not exceeding, two thousand five	89914
hundred dollars per violation;	89915

(3) Requirement of the completion of additional education	89916
courses. Any course work imposed pursuant to this section shall	89917
not count toward continuing education requirements or prelicense	89918
or precertification requirements set forth in section 4763.05 of	89919
the Revised Code.	89920

(4) Suspension of the certificate, registration, or license	89921
for a specific period of time;	89922

~~(3) Suspension of the certificate, registration, or license~~	89923
~~until the certificate holder, registrant, or licensee complies~~	89924
~~with conditions the board sets, including but not limited to,~~	89925
~~successful completion of the real estate appraiser examination~~	89926
~~described in division (D) of section 4763.05 of the Revised Code~~	89927
~~or completion of a specific number of hours of continuing~~	89928
~~education instruction in courses or seminars approved by the~~	89929
~~board;~~	89930

~~(4)~~(5) Revocation of the certificate, registration, or	89931
license.	89932

The decision and order of the board is final, subject to	89933
review in the manner provided for in Chapter 119. of the Revised	89934
Code and appeal to any court of common pleas.	89935

(G) The board shall take any disciplinary action authorized	89936
by this section against a certificate holder, registrant, or	89937
licensee who is found to have committed any of the following acts,	89938
omissions, or violations during the appraiser's certification,	89939
registration, or licensure:	89940

(1) Procuring or attempting to procure a certificate,	89941
registration, or license pursuant to this chapter by knowingly	89942
making a false statement, submitting false information, refusing	89943
to provide complete information in response to a question in an	89944
application for certification, registration, or licensure, or by	89945
any means of fraud or misrepresentation;	89946

(2) Paying, or attempting to pay, anything of value, other	89947
than the fees or assessments required by this chapter, to any	89948
member or employee of the board for the purpose of procuring a	89949
certificate, registration, or license;	89950

(3) Being convicted in a criminal proceeding for a felony or	89951
a crime involving moral turpitude;	89952

(4) Dishonesty, fraud, or misrepresentation, with the intent	89953
to either benefit the certificate holder, registrant, or licensee	89954
or another person or injure another person;	89955

(5) Violation of any of the standards for the development or,	89956
preparation, communication, or reporting of ~~real estate appraisals~~	89957
an appraisal report set forth in this chapter and rules of the	89958
board;	89959

(6) Failure or refusal to exercise reasonable diligence in	89960
developing ~~an appraisal~~, preparing, or communicating an appraisal	89961
report~~, or communicating an appraisal~~;	89962

(7) Negligence or incompetence in developing ~~an appraisal~~, in	89963
preparing, communicating, or reporting an appraisal report~~, or in~~	89964
~~communicating an appraisal~~;	89965

(8) ~~Willfully~~Violating or willfully disregarding or	89966
~~violating this~~ chapter or the rules adopted thereunder;	89967

(9) Accepting an appraisal assignment where the employment is	89968
contingent upon the appraiser preparing or reporting a	89969
predetermined estimate, analysis, or opinion, or where the fee to	89970
be paid for the appraisal is contingent upon the opinion,	89971
conclusion, or valuation attained or upon the consequences	89972
resulting from the appraisal assignment;	89973

(10) Violating the confidential nature of governmental	89974
records to which the certificate holder, registrant, or licensee	89975
gained access through employment or engagement as an appraiser by	89976
a governmental agency;	89977

(11) Entry of final judgment against the certificate holder,	89978
registrant, or licensee on the grounds of fraud, deceit,	89979
misrepresentation, or gross negligence in the making of any	89980
appraisal of real estate;	89981

(12) Violating any federal or state civil rights law;

89982

(13) Having published advertising, whether printed, radio,	89983
display, or of any other nature, which was misleading or	89984
inaccurate in any material particular, or in any way having	89985
misrepresented any appraisal or specialized service;	89986

(14) Failing to provide copies of records to the	89987
superintendent or failing to maintain records ~~for five years~~ as	89988
required by section 4763.14 of the Revised Code. Failure of a	89989
certificate holder, licensee, or registrant to comply with a	89990
subpoena issued under division (C)(1) of section 4763.03 of the	89991
Revised Code is prima-facie evidence of a violation of division	89992
(G)(14) of section 4763.11 of the Revised Code.	89993

(15) Failing to provide notice to the board as required in	89994
division (I) of this section.	89995

(H) The board immediately shall notify the superintendent of	89996
real estate of any disciplinary action taken under this section	89997
against a certificate holder, registrant, or licensee who also is	89998
licensed under Chapter 4735. of the Revised Code, and also shall	89999
notify any other federal, state, or local agency and any other	90000
public or private association that the board determines is	90001
responsible for licensing or otherwise regulating the professional	90002
or business activity of the appraiser. Additionally, the board	90003
shall notify the complainant and any other party who may have	90004
suffered financial loss because of the certificate holder's,	90005
registrant's, or licensee's violations, that the complainant or	90006
other party may sue for recovery under section 4763.16 of the	90007
Revised Code. The notice provided under this division shall	90008
specify the conduct for which the certificate holder, registrant,	90009
or licensee was disciplined and the disciplinary action taken by	90010
the board and the result of that conduct.	90011

(I) A certificate holder, registrant, or licensee shall	90012
notify the board ~~of the existence of a criminal conviction of the~~	90013
~~type~~within fifteen days of the agency's issuance of an order	90014
revoking or permanently surrendering any professional license,	90015
certificate, or registration by any public entity other than the	90016
division of real estate. A certificate holder, registrant, or	90017
licensee who is convicted of a felony or crime of moral turpitude	90018
as described in division (G)(3) of this section shall notify the	90019
board of the conviction within fifteen days of the conviction.	90020

(J) If the board determines that a certificate holder,	90021
registrant, or licensee has violated this chapter for which	90022
disciplinary action may be taken under division (G) of this	90023
section as a result of an investigation conducted by the	90024
superintendent upon the superintendent's own motion or upon the	90025
request of the board, the superintendent shall notify the	90026
certificate holder, registrant, or licensee of the certificate	90027
holder's, registrant's, or licensee's right to a hearing pursuant	90028
to Chapter 119. of the Revised Code and to an appeal of a final	90029
determination of such administrative proceedings to any court of	90030
common pleas.	90031

(K) All notices, written reports, and determinations issued	90032
pursuant to this section shall be mailed via certified mail,	90033
return receipt requested. If the certified notice is returned	90034
because of failure of delivery or was unclaimed, the notice,	90035
written reports, or determinations are deemed served if the	90036
superintendent sends the notice, written reports, or determination	90037
via regular mail and obtains a certificate of mailing of the	90038
notice, written reports, or determination. Refusal of delivery by	90039
personal service or by mail is not failure of delivery and service	90040
is deemed to be complete.	90041

Sec. 4763.13. (A) In engaging in appraisal activities, a	90042
person certified, registered, or licensed under this chapter shall	90043
comply with the applicable standards prescribed by the board of	90044
governors of the federal reserve system, the federal deposit	90045
insurance corporation, the comptroller of the currency, the office	90046
of thrift supervision, the national credit union administration,	90047
and the resolution trust corporation in connection with federally	90048
related transactions under the jurisdiction of the applicable	90049
agency or instrumentality. A certificate holder, registrant, and	90050
licensee also shall comply with the uniform standards of	90051
professional appraisal practice, as adopted by the appraisal	90052
standards board of the appraisal foundation and such other	90053
standards adopted by the real estate appraiser board, to the	90054
extent that those standards do not conflict with applicable	90055
federal standards in connection with a particular federally	90056
related transaction.	90057

(B) The terms "state-licensed residential real estate	90058
appraiser," "state-certified residential real estate appraiser,"	90059
"state-certified general real estate appraiser," and	90060
"state-registered real estate appraiser assistant" shall be used	90061
to refer only to those persons who have been issued the applicable	90062
certificate, registration, or license or renewal certificate,	90063
registration, or license pursuant to this chapter. None of these	90064
terms shall be used following or in connection with the name or	90065
signature of a partnership, corporation, or association or in a	90066
manner that could be interpreted as referring to a person other	90067
than the person to whom the certificate, registration, or license	90068
has been issued. No person shall fail to comply with this	90069
division.	90070

(C) No person, other than a certificate holder, a registrant,	90071
or a licensee, shall assume or use a title, designation, or	90072
abbreviation that is likely to create the impression that the	90073
person possesses certification, registration, or licensure under	90074
this chapter, provided that professional designations containing	90075
the term "certified appraiser" and being used on or before July	90076
26, 1989, shall not be construed as being misleading under this	90077
division. No person other than a person certified or licensed	90078
under this chapter shall describe or refer to an appraisal or	90079
other evaluation of real estate located in this state as being	90080
certified.	90081

(D) The terms "state-certified or state-licensed real estate	90082
appraisal report," "state-certified or state-licensed appraisal	90083
report," or "state-certified or state-licensed appraisal" shall be	90084
used to refer only to those real estate appraisals conducted by a	90085
certificate holder or licensee as a disinterested and unbiased	90086
third party provided that the certificate holder or licensee	90087
provides certification with the appraisal and provided further	90088
that if a licensee is providing the appraisal, such terms shall	90089
only be used if the licensee is acting within the scope of the	90090
licensee's license. No person shall fail to comply with this	90091
division.	90092

(E) Nothing in this chapter shall preclude a partnership,	90093
corporation, or association which employs or, retains, or engages	90094
the services of a certificate holder or licensee to advertise that	90095
the partnership, corporation, or association offers	90096
state-certified or state-licensed appraisals through a	90097
certificate holder or licensee if the advertisement clearly	90098
states such fact in accordance with guidelines for such	90099
advertisements established by rule of the real estate appraiser	90100
board.	90101

(F) Except as otherwise provided in section 4763.19 of the	90102
Revised Code, nothing in this chapter shall preclude a person who	90103
is not licensed or certified under this chapter from appraising	90104
real estate for compensation.	90105

Sec. 4763.14. A person licensed, registered, or certified	90106
under this chapter shall retain for a period of five years the	90107
original or a true copy of each written contract for the person's	90108
services relating to real estate appraisal work ~~and~~, all appraisal	90109
reports, and all work file documentation and ~~supporting~~ data	90110
assembled ~~and formulated by the person~~ in preparing those reports.	90111
The retention period begins on the date the appraisal is submitted	90112
to the client unless, prior to expiration of the retention period,	90113
the certificate holder, registrant, or licensee is notified that	90114
the appraisal or report is the subject of or is otherwise involved	90115
in pending litigation, in which case the retention period begins	90116
on the date of final disposition of the litigation.	90117

A certificate holder, registrant, and a licensee shall make	90118
available all records required to be maintained under this section	90119
for inspection and copying by the superintendent of real estate or	90120
the real estate appraiser board, or both, upon reasonable notice	90121
to the certificate holder, registrant, or licensee.	90122

Sec. 4763.17. Every partnership, corporation, or association	90123
which employs or, retains, or engages the services of a person	90124
licensed, registered, or certified under this chapter, whether the	90125
certificate holder, registrant, or licensee is an independent	90126
contractor or under the supervision or control of the partnership,	90127
corporation, or association, is jointly and severally liable for	90128
any damages incurred by any person as a result of an act or	90129
omission concerning a state-certified or state-licensed real	90130
estate appraisal prepared or facilitated in the preparation by a	90131
certificate holder, registrant, or licensee while employed or,	90132
retained, or engaged by the partnership, corporation, or	90133
association.	90134

Sec. 4766.09. This chapter does not apply to any of the	90135
following:	90136

(A) A person rendering services with an ambulance in the	90137
event of a disaster situation when licensees' vehicles based in	90138
the locality of the disaster situation are incapacitated or	90139
insufficient in number to render the services needed;	90140

(B) Any person operating an ambulance, ambulette, rotorcraft	90141
air ambulance, or fixed wing air ambulance outside this state	90142
unless receiving a person within this state for transport to a	90143
location within this state;	90144

(C) A publicly owned or operated emergency medical service	90145
organization and the vehicles it owns or leases and operates,	90146
except as provided in section 307.051, division (G) of section	90147
307.055, division (F) of section 505.37, division (B) of section	90148
505.375, and division (B)(3) of section 505.72 of the Revised	90149
Code;	90150

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	90151
wing air ambulance, or nontransport vehicle owned or leased and	90152
operated by the federal government;	90153

(E) A publicly owned and operated fire department vehicle;

90154

(F) Emergency vehicles owned by a corporation and operating	90155
only on the corporation's premises, for the sole use by that	90156
corporation;	90157

(G) An ambulance, nontransport vehicle, or other emergency	90158
medical service organization vehicle owned and operated by a	90159
municipal corporation;	90160

(H) A motor vehicle titled in the name of a volunteer rescue	90161
service organization, as defined in section 4503.172 of the	90162
Revised Code;	90163

(I) A public emergency medical service organization;

90164

(J) A fire department, rescue squad, or life squad comprised	90165
of volunteers who provide services without expectation of	90166
remuneration and do not receive payment for services other than	90167
reimbursement for expenses;	90168

(K) A private, nonprofit emergency medical service	90169
organization when fifty per cent or more of its personnel are	90170
volunteers, as defined in section 4765.01 of the Revised Code;	90171

(L) Emergency medical service personnel who are regulated by	90172
the state board of emergency medical services under Chapter 4765.	90173
of the Revised Code;	90174

(M) Any of the following that operates a transit bus, as that	90175
term is defined in division (Q) of section 5735.01 of the Revised	90176
Code, unless the entity provides ambulette services that are	90177
reimbursed under the state medicaid plan:	90178

(1) A public nonemergency medical service organization;

90179

(2) An urban or rural public transit system;

90180

(3) A private nonprofit organization that receives grants	90181
under section 5501.07 of the Revised Code.	90182

(N)(1) An entity ~~or vehicle owned by an entity that~~, to the	90183
extent it provides ambulette services, if the entity meets all of	90184
the following conditions:	90185

(a) The entity is certified by the department of aging or the	90186
department's designee ~~under~~in accordance with section 173.391 of	90187
the Revised Code ~~and~~or operates under a contract or grant	90188
agreement with the department or the department's designee in	90189
accordance with section 173.392 of the Revised Code.	90190

(b) The entity meets the requirements of section 4766.14 of	90191
the Revised Code~~, unless the entity or~~.	90192

(c) The entity does not provide ambulette services that are	90193
reimbursed under the state medicaid plan.	90194

(2) A vehicle, to the extent it is used to provide ambulette	90195
services, if the vehicle meets both of the following conditions:	90196

(a) The vehicle is owned by an entity that meets the	90197
conditions specified in division (N)(1) of this section.	90198

(b) The vehicle ~~provides~~does not provide ambulette services	90199
that are reimbursed under the state medicaid plan;.	90200

(O) A vehicle that meets both of the following criteria,	90201
unless the vehicle provides services that are reimbursed under the	90202
state medicaid plan:	90203

(1) The vehicle was purchased with funds from a grant made by	90204
the United States secretary of transportation under 49 U.S.C.	90205
5310;	90206

(2) The department of transportation holds a lien on the	90207
vehicle.	90208

Sec. 4767.05. (A) There is hereby created the Ohio cemetery	90209
dispute resolution commission, which shall consist of nine members	90210
to be appointed by the governor with the advice and consent of the	90211
senate as follows:	90212

(1) One member shall be the management authority of a	90213
municipal, township, or union cemetery and shall be selected from	90214
a list of four names submitted to the governor. Two of the four	90215
names shall be submitted by the Ohio township association and two	90216
names shall be submitted by the Ohio municipal league.	90217

(2) Four members shall be individuals employed in a	90218
management position by a cemetery company or cemetery association.	90219
Two of the four members shall be selected from a list of four	90220
names submitted to the governor by the Ohio association of	90221
cemeteries and two shall be selected from a list of four names	90222
submitted by the Ohio association of cemetery superintendents and	90223
officials.	90224

(3) Two members shall be employed in a management position by	90225
a cemetery that is owned or operated by a religious, fraternal, or	90226
benevolent society and shall be selected from a list of four names	90227
submitted by the Ohio association of cemetery superintendents and	90228
officials.	90229

(4) Two members, at least one of whom shall be at least	90230
sixty-five years of age, shall be representatives of the public	90231
with no financial interest in the death care industry.	90232

Each member of the commission, except for the two members who	90233
represent the public, shall, at the time of appointment, have had	90234
a minimum of five consecutive years of experience in the active	90235
administration and management of a cemetery in this state.	90236

(B) Within ninety days after the effective date of this	90237
section, the governor shall make initial appointments to the	90238
commission. Of the initial appointments, two shall be for terms	90239
ending one year after the effective date of this section, two	90240
shall be for terms ending two years after that date, two shall be	90241
for terms ending three years after that date, and three shall be	90242
for terms ending four years after that date. Thereafter, terms of	90243
office shall be for four years, with each term ending on the same	90244
day of the same month as did the term that it succeeds. Each	90245
member shall hold office from the date of appointment until the	90246
end of the term for which the member was appointed. Vacancies	90247
shall be filled in the manner provided for original appointments,	90248
with each appointee, other than a representative of the public,	90249
being appointed from a list of two names submitted to the governor	90250
by the association or organization that was required to nominate	90251
candidates for initial appointment to the position that has become	90252
vacant. Any member appointed to fill a vacancy occurring prior to	90253
the expiration date of the term for which the member's predecessor	90254
was appointed shall hold office for the remainder of that term. A	90255
member shall continue in office subsequent to the expiration date	90256
of the member's term until the member's successor takes office or	90257
until a period of sixty days has elapsed, whichever occurs first.	90258
No person shall serve as a member of the commission for more than	90259
two consecutive terms, excluding any term served to fill an	90260
initial appointment to a term of less than four years or an	90261
unexpired term caused by a vacancy.	90262

(C) The commission annually shall elect from among its	90263
members a chairperson, vice-chairperson, and secretary, each of	90264
whom shall serve a term of one year in that office. The commission	90265
shall meet at least four times a year. Additional meetings may be	90266
called by the chairperson, or by the vice-chairperson when the	90267
chairperson is disabled, or by a majority of the members of the	90268
commission. A majority of the members constitutes a quorum to	90269
transact and vote on business of the commission.	90270

The chairperson or vice-chairperson may:

90271

(1) Administer oaths;

90272

(2) Issue subpoenas;

90273

(3) Summon witnesses;

90274

(4) Compel the production of books, papers, records, and	90275
other forms of evidence;	90276

(5) Fix the time and place for hearing any matter related to	90277
compliance with sections 1721.19, 1721.20, 1721.21, 1721.211,	90278
4735.02, ~~4735.22,~~ and 4767.02 of the Revised Code.	90279

The chairperson shall designate three members of the	90280
commission to serve on the crematory review board in accordance	90281
with section 4717.03 of the Revised Code for such time as the	90282
chairperson finds appropriate. Members designated to serve on the	90283
crematory review board shall perform all functions necessary to	90284
carry out the duties of the board as described in section 4717.03	90285
of the Revised Code. Members who serve on the crematory review	90286
board shall receive no compensation for such service.	90287

(D) Before entering upon the duties of office, each member of	90288
the commission shall take the oath pursuant to section 3.22 of the	90289
Revised Code. The governor may remove any member for misconduct,	90290
neglect of duty, incapacity, or malfeasance in accordance with	90291
section 3.04 of the Revised Code.	90292

(E) Members of the commission shall receive no compensation	90293
but shall be reimbursed for their actual and necessary expenses	90294
incurred in the performance of their duties as members of the	90295
commission.	90296

(F) The division of real estate in the department of commerce	90297
shall provide the commission with meeting space, staff services,	90298
and other technical assistance required by the commission in	90299
carrying out its duties pursuant to sections 4767.05 to 4767.08 of	90300
the Revised Code.	90301

Sec. 4767.07. (A) Any person may file a complaint regarding	90302
the activity, practice, policy, or procedure of, or regarding an	90303
alleged violation of section 1721.19, 1721.20, 1721.21, 1721.211,	90304
4735.02, ~~4735.22,~~ or 4767.02 of the Revised Code by, any person	90305
operating or maintaining a cemetery registered pursuant to section	90306
4767.03 of the Revised Code that adversely affects or may	90307
adversely affect the interest of an owner or family member of the	90308
owner of a cemetery lot or burial, entombment, or columbarium	90309
right. All complaints shall be in writing and submitted to the	90310
division of real estate in the department of commerce on forms	90311
provided by the division.	90312

(B) With respect to complaints filed pursuant to division (A)	90313
of this section, the division of real estate shall do all of the	90314
following:	90315

(1) Acknowledge receipt of the complaint by sending written	90316
notice to the person who filed the complaint not more than twenty	90317
days after receipt of the complaint;	90318

(2) Send written notice of the complaint within seven days	90319
after receipt of the complaint to the person responsible for the	90320
operation and maintenance of the cemetery that is the subject of	90321
the complaint;	90322

(3) Before taking further action, allow the owner or the	90323
person responsible for the operation and maintenance of the	90324
cemetery that is the subject of a complaint thirty days after the	90325
date the division sends notice of the complaint to respond to the	90326
division with respect to the complaint.	90327

(C) The cemetery dispute resolution commission shall hear	90328
each complaint filed pursuant to division (A) of this section	90329
within one hundred eighty days after its filing, unless it has	90330
been resolved by the parties to the complaint.	90331

Sec. 4767.08. (A) The Ohio cemetery dispute resolution	90332
commission, on its own motion or as a result of a complaint	90333
received pursuant to section 4767.07 of the Revised Code and with	90334
good cause shown, shall investigate or cause to be investigated	90335
alleged violations of sections 1721.19, 1721.20, 1721.21,	90336
1721.211, 4735.02, ~~4735.22, and 4767.03~~ 4767.02, and 4767.03 of	90337
the Revised Code. If the commission or the superintendent of the	90338
division of real estate in the department of commerce believes	90339
that a violation has occurred, the commission or superintendent	90340
shall do all of the following:	90341

(1) Review the financial records of the cemetery to ensure	90342
compliance with sections 1721.21 and 1721.211 of the Revised Code;	90343

(2) Request the prosecuting attorney of the county in which	90344
the alleged violation occurred to initiate such proceedings as are	90345
appropriate.	90346

(B) If, as a result of an investigation, the commission or	90347
the superintendent believes that a person has violated Chapter	90348
1345. of the Revised Code, the commission or superintendent shall	90349
report the findings to the attorney general.	90350

(C) The commission, at any time, may dismiss a complaint if	90351
it determines there is not good cause shown for the complaint. If	90352
the commission dismisses a complaint, it shall notify the person	90353
who filed the complaint within twenty days of reaching its	90354
decision and identify the reason why the complaint was dismissed.	90355

(D) When necessary for the division of real estate to perform	90356
the duties required by sections 4767.07 and 4767.08 of the Revised	90357
Code, the superintendent of the division, after consultation with	90358
at least a majority of the members of the cemetery dispute	90359
resolution commission, may issue subpoenas and compel the	90360
production of books, papers, records, and other forms of evidence.	90361

Sec. 4781.01. As used in this chapter:

90362

(A) "Industrialized unit" has the same meaning as in division	90363
(C)(3) of section 3781.06 of the Revised Code.	90364

(B) "Installation" means any of the following:

90365

(1) The temporary or permanent construction of stabilization,	90366
support, and anchoring systems for manufactured housing;	90367

(2) The placement and erection of a manufactured housing unit	90368
or components of a unit on a structural support system;	90369

(3) The supporting, blocking, leveling, securing, anchoring,	90370
underpinning, or adjusting of any section or component of a	90371
manufactured housing unit;	90372

(4) The joining or connecting of all sections or components	90373
of a manufactured housing unit.	90374

(C) "Manufactured home" has the same meaning as in division	90375
(C)(4) of section 3781.06 of the Revised Code.	90376

(D) "Manufactured home park" has the same meaning as in	90377
division (A) of section 3733.01 of the Revised Code.	90378

(E) "Manufactured housing" means manufactured homes and	90379
mobile homes.	90380

(F) "Manufactured housing installer" means an individual who	90381
installs manufactured housing.	90382

(G) "Mobile home" has the same meaning as in division (O) of	90383
section 4501.01 of the Revised Code.	90384

(H) "Model standards" means the federal manufactured home	90385
installation standards established pursuant to 42 U.S.C. 5404.	90386

(I) "Permanent foundation" has the same meaning as in	90387
division (C)(5) of section 3781.06 of the Revised Code.	90388

(J) "Business" includes any activities engaged in by any	90389
person for the object of gain, benefit, or advantage either direct	90390
or indirect.	90391

(K) "Casual sale" means any transfer of a manufactured home	90392
or mobile home by a person other than a manufactured housing	90393
dealer, manufactured housing salesperson, or manufacturer to an	90394
ultimate consumer or a person who purchases the home for use as a	90395
residence.	90396

(L) "Engaging in business" means commencing, conducting, or	90397
continuing in business, or liquidating a business when the	90398
liquidator thereof holds self out to be conducting such business;	90399
making a casual sale or otherwise making transfers in the ordinary	90400
course of business when the transfers are made in connection with	90401
the disposition of all or substantially all of the transferor's	90402
assets is not engaging in business.	90403

(M) "Manufactured home park operator" has the same meaning as	90404
"operator" in section 3733.01 of the Revised Code.	90405

(N) "Manufactured housing broker" means any person acting as	90406
a selling agent on behalf of an owner of a manufactured home or	90407
mobile home that is subject to taxation under section 4503.06 of	90408
the Revised Code.	90409

(O) "Manufactured housing dealer" means any person engaged in	90410
the business of selling at retail, displaying, offering for sale,	90411
or dealing in manufactured homes or mobile homes.	90412

(P) "Manufacturer" means a person who manufacturers,	90413
assembles, or imports manufactured homes or mobile homes.	90414

(Q) "Retail sale" or "sale at retail" means the act or	90415
attempted act of selling, bartering, exchanging, or otherwise	90416
disposing of a manufactured home or mobile home to an ultimate	90417
purchaser for use as a residence.	90418

(R) "Salesperson" means any individual employed by a	90419
manufactured housing dealer or manufactured housing broker to	90420
sell, display, and offer for sale, or deal in manufactured homes	90421
or mobile homes for a commission, compensation, or other valuable	90422
consideration, but does not mean any public officer performing	90423
official duties.	90424

(S) "Ultimate purchaser" means, with respect to any new	90425
manufactured home, the first person, other than a manufactured	90426
housing dealer purchasing in the capacity of a manufactured	90427
housing dealer, who purchases such new manufactured home for	90428
purposes other than resale.	90429

Sec. 4781.02. (A) There is hereby created the manufactured	90430
homes commission which consists of nine members, with three	90431
members appointed by the governor, three members appointed by the	90432
president of the senate, and three members appointed by the	90433
speaker of the house of representatives.	90434

(B)(1) Commission members shall be residents of this state,	90435
except for members appointed pursuant to divisions (B)(3)(b) and	90436
(B)(4)(a) of this section. Members shall be selected from a list	90437
of persons the Ohio manufactured homes association, or any	90438
successor entity, recommends, except for appointments made	90439
pursuant to division (B)(2) of this section.	90440

(2) The governor shall appoint the following members:

90441

(a) One member to represent the board of building standards,	90442
who may be a member of the board or a board employee not in the	90443
classified civil service, with an initial term ending December 31,	90444
2007;	90445

(b) One member to represent the department of health, who may	90446
be a department employee not in the classified civil service, with	90447
an initial term ending December 31, 2005;	90448

(c) One member whose primary residence is a manufactured	90449
home, with an initial term ending December 31, 2006.	90450

(3) The president of the senate shall appoint the following	90451
members:	90452

(a) Two members who are manufactured housing installers who	90453
have been actively engaged in the installation of manufactured	90454
housing for the five years immediately prior to appointment, with	90455
the initial term of one installer ending December 31, 2007, and	90456
the initial term of the other installer ending December 31, 2005.	90457

(b) One member who manufactures manufactured homes in this	90458
state or who manufactures manufactured homes in another state and	90459
ships homes into this state, to represent manufactured home	90460
manufacturers, with an initial term ending December 31, 2006.	90461

(4) The speaker of the house of representatives shall appoint	90462
the following members:	90463

(a) One member who operates a manufactured or mobile home	90464
retail business in this state to represent manufactured ~~and mobile~~	90465
~~home retailers~~housing dealers, with an initial term ending	90466
December 31, 2007;	90467

(b) One member who is a manufactured home park operator or is	90468
employed by an operator, with an initial term ending December 31,	90469
2005;	90470

(c) One member to represent the Ohio manufactured home	90471
association, or any successor entity, who may be the president or	90472
executive director of the association or the successor entity,	90473
with an initial term ending December 31, 2006.	90474

(C)(1) After the initial term, each term of office is for	90475
four years ending on the thirty-first day of December. A member	90476
holds office from the date of appointment until the end of the	90477
term. No member may serve more than two consecutive four-year	90478
terms.	90479

(2) Any member appointed to fill a vacancy that occurs prior	90480
to the expiration of a term continues in office for the remainder	90481
of that term. Any member continues in office subsequent to the	90482
expiration date of the term until the member's successor takes	90483
office or until sixty days have elapsed, which ever occurs first.	90484

(3) A vacancy on the commission does not impair the authority	90485
of the remaining members to exercise all of the commission's	90486
powers.	90487

(D)(1) The governor may remove any member from office for	90488
incompetence, neglect of duty, misfeasance, nonfeasance,	90489
malfeasance, or unprofessional conduct in office.	90490

(2) Vacancies shall be filled in the manner of the original	90491
appointment.	90492

Sec. 4781.04. (A) The manufactured homes commission shall	90493
adopt rules pursuant to Chapter 119. of the Revised Code to do all	90494
of the following:	90495

(1) Establish uniform standards that govern the installation	90496
of manufactured housing. Not later than one hundred eighty days	90497
after the secretary of the United States department of housing and	90498
urban development adopts model standards for the installation of	90499
manufactured housing or amends those standards, the commission	90500
shall amend its standards as necessary to be consistent with, and	90501
not less stringent than, the model standards for the design and	90502
installation of manufactured housing the secretary adopts or any	90503
manufacturers' standards that the secretary determines are equal	90504
to or not less stringent than the model standards.	90505

(2) Govern the inspection of the installation of manufactured	90506
housing. The rules shall specify that the ~~department of health or~~	90507
~~a licensor, as determined by the director of health,~~commission,	90508
any building department or personnel of any department, any	90509
licensor or personnel of any licensor, or any private third party,	90510
certified pursuant to section 4781.07 of the Revised Code shall	90511
conduct all inspections of the installation of manufactured	90512
housing located in manufactured home parks to determine compliance	90513
with the uniform installation standards the commission establishes	90514
pursuant to this section. ~~The rules shall specify that all~~	90515
~~installation inspections in a manufactured home park the~~	90516
~~department of health or the licensor conducts shall be conducted~~	90517
~~by a person who has completed an installation training course~~	90518
~~approved by the commission pursuant to division (B) of section~~	90519
~~4781.04 of the Revised Code.~~	90520

As used in division (A)(2) of this section, "licensor" has	90521
the same meaning as in section 3733.01 of the Revised Code.	90522

(3) Govern the design, construction, installation, approval,	90523
and inspection of foundations and the base support systems for	90524
manufactured housing. The rules shall specify that the ~~department~~	90525
~~of health or the licensor, as determined by the director of~~	90526
~~health,~~commission, any building department or personnel of any	90527
department, any licensor or personnel of any licensor, or any	90528
private third party, certified pursuant to section 4781.07 of the	90529
Revised Code shall conduct all inspections of the installation,	90530
foundations, and base support systems of manufactured housing	90531
located in manufactured home parks to determine compliance with	90532
the uniform installation standards and foundation and base support	90533
system design the commission establishes pursuant to this section.	90534
~~The rules shall specify that all foundation and base support~~	90535
~~system inspections in a manufactured home park the department of~~	90536
~~health or the licensor conducts shall be conducted by a person who~~	90537
~~has completed an installation training course approved by the~~	90538
~~commission pursuant to division (B) of section 4781.04 of the~~	90539
~~Revised Code.~~	90540

As used in division (A)(3) of this section, "licensor" has	90541
the same meaning as in section 3733.01 of the Revised Code.	90542

(4) Govern the training, experience, and education	90543
requirements for manufactured housing installers, manufactured	90544
housing dealers, manufactured housing brokers, and manufactured	90545
housing salespersons;	90546

(5) Establish a code of ethics for manufactured housing	90547
installers;	90548

(6) Govern the issuance, revocation, and suspension of	90549
licenses to manufactured housing installers;	90550

(7) Establish fees for the issuance and renewal of licenses,	90551
for conducting inspections to determine an applicant's compliance	90552
with this chapter and the rules adopted pursuant to it, and for	90553
the commission's expenses incurred in implementing this chapter;	90554

(8) Establish conditions under which a licensee may enter	90555
into contracts to fulfill the licensee's responsibilities;	90556

(9) Govern the investigation of complaints concerning any	90557
violation of this chapter or the rules adopted pursuant to it or	90558
complaints involving the conduct of any licensed manufactured	90559
housing installer or person installing manufactured housing	90560
without a license, licensed manufactured housing dealer, licensed	90561
manufactured housing broker, or manufactured housing salesperson;	90562

(10) Establish a dispute resolution program for the timely	90563
resolution of warranty issues involving new manufactured homes,	90564
disputes regarding responsibility for the correction or repair of	90565
defects in manufactured housing, and the installation of	90566
manufactured housing. The rules shall provide for the timely	90567
resolution of disputes between manufacturers, ~~retailers~~	90568
manufactured housing dealers, and installers regarding the	90569
correction or repair of defects in manufactured housing that are	90570
reported by the purchaser of the home during the one-year period	90571
beginning on the date of installation of the home. The rules also	90572
shall provide that decisions made regarding the dispute under the	90573
program are not binding upon the purchaser of the home or the	90574
other parties involved in the dispute unless the purchaser so	90575
agrees in a written acknowledgement that the purchaser signs and	90576
delivers to the program within ten business days after the	90577
decision is issued.	90578

(11) Establish the requirements and procedures for the	90579
certification of building departments and building department	90580
personnel pursuant to section 4781.07 of the Revised Code;	90581

(12) Establish fees to be charged to building departments and	90582
building department personnel applying for certification and	90583
renewal of certification pursuant to section 4781.07 of the	90584
Revised Code;	90585

(13) Carry out any other provision of this chapter.

90586

(B) The manufactured homes commission shall do all of the	90587
following:	90588

(1) Prepare and administer a licensure examination to	90589
determine an applicant's knowledge of manufactured housing	90590
installation and other aspects of installation the commission	90591
determines appropriate;	90592

(2) Select, provide, or procure appropriate examination	90593
questions and answers for the licensure examination and establish	90594
the criteria for successful completion of the examination;	90595

(3) Prepare and distribute any application form this chapter	90596
requires;	90597

(4) Receive applications for licenses and renewal of licenses	90598
and issue licenses to qualified applicants;	90599

(5) Establish procedures for processing, approving, and	90600
disapproving applications for licensure;	90601

(6) Retain records of applications for licensure, including	90602
all application materials submitted and a written record of the	90603
action taken on each application;	90604

(7) Review the design and plans for manufactured housing	90605
installations, foundations, and support systems;	90606

(8) Inspect a sample of homes at a percentage the commission	90607
determines to evaluate the construction and installation of	90608
manufactured housing installations, foundations, and support	90609
systems to determine compliance with the standards the commission	90610
adopts;	90611

(9) Investigate complaints concerning violations of this	90612
chapter or the rules adopted pursuant to it, or the conduct of any	90613
manufactured housing installer, manufactured housing dealer,	90614
manufactured housing broker, or manufactured housing salesperson;	90615

(10) Determine appropriate disciplinary actions for	90616
violations of this chapter;	90617

(11) Conduct audits and inquiries of manufactured housing	90618
installers, manufactured housing dealers, manufactured housing	90619
brokers, and manufactured housing salespersons as appropriate for	90620
the enforcement of this chapter. The commission, or any person the	90621
commission employs for the purpose, may review and audit the	90622
business records of any manufactured housing installer, dealer,	90623
broker, or salesperson during normal business hours.	90624

(12) Approve an installation training course, which may be	90625
offered by the Ohio manufactured homes association or other	90626
entity;	90627

(13) Perform any function or duty necessary to administer	90628
this chapter and the rules adopted pursuant to it.	90629

Sec. 4781.05. The executive director of the manufactured	90630
homes commission shall do all of the following:	90631

(A) With commission approval, secure and manage office space,	90632
supplies, and the professional and clerical staff necessary to	90633
effectively perform the executive director's and commission's	90634
duties;	90635

(B) Pursuant to rules the commission adopts, review	90636
applications for manufactured housing installer licenses,	90637
manufactured housing dealer licenses, manufactured housing broker	90638
licenses, and manufactured housing salesperson licenses and on	90639
behalf of the commission, issue licenses to qualified persons;	90640

(C) Administer the dispute resolution program the commission	90641
develops if the commission does not contract with the Ohio	90642
manufactured homes association or another entity to administer the	90643
program;	90644

(D) Administer any continuing education program the	90645
commission develops;	90646

(E) Collect fees the commission establishes;

90647

(F) Except as provided in divisions (A)(2) and (3) of section	90648
4781.04 of the Revised Code, employ installation inspectors and	90649
investigators to serve at the executive director's pleasure to	90650
assist in carrying out the executive director's duties under this	90651
chapter or the duties the commission delegates to the executive	90652
director;	90653

(G) Serve as secretary of the commission and maintain a	90654
written record of the commission's meetings and proceedings;	90655

(H) Notify manufactured housing installers, manufactured	90656
housing dealers, manufactured housing brokers, and manufactured	90657
housing salespersons of changes in this chapter and the rules	90658
adopted pursuant to it;	90659

(I) Do all things the commission requests or delegates for	90660
the administration and enforcement of this chapter.	90661

Sec. 4781.06. (A) The manufactured homes commission may	90662
delegate to the executive director any of its duties set forth in	90663
division (B) of section 4781.04 of the Revised Code.	90664

(B) The commission may enter into a contract with the Ohio	90665
manufactured homes association or another entity to administer the	90666
dispute resolution program created pursuant to section 4781.04 of	90667
the Revised Code. The contract shall specify the terms for the	90668
administration of the program.	90669

(C)(1) The commission may enter into a contract with any	90670
private third party, municipal corporation, township, county,	90671
state agency, or the Ohio manufactured homes association, or any	90672
successor entity, to perform any of the commission's functions set	90673
forth in division (B) of section 4781.04 of the Revised Code that	90674
the commission has not delegated to the executive director. Each	90675
contract shall specify the compensation to be paid to the private	90676
third party, municipal corporation, township, county, state	90677
agency, or the Ohio manufactured homes association, or successor	90678
entity, for the performance of the commission's functions.	90679

(2) Except as provided in this division, the commission shall	90680
not enter into any contract with any person or building department	90681
to accept and approve plans and specifications or to inspect	90682
manufactured housing foundations and the installation of	90683
manufactured housing unless that person or building department is	90684
certified pursuant to section 4781.07 of the Revised Code. The	90685
commission shall ~~not~~ require inspectors the Ohio department of	90686
health employs to obtain certification pursuant to section 4781.07	90687
of the Revised Code~~, but shall require inspectors to complete an~~	90688
~~installation training course approved by the commission pursuant~~	90689
~~to division (B) of section 4781.04 of the Revised Code~~.	90690

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	90691
commission adopts, the commission may certify municipal, township,	90692
and county building departments and the personnel of those	90693
departments, licensors as defined in section 3733.01 of the	90694
Revised Code and the personnel of those licensors, or any private	90695
third party, to exercise the commission's enforcement authority,	90696
accept and approve plans and specifications for foundations,	90697
support systems and installations, and inspect manufactured	90698
housing foundations, support systems, and manufactured housing	90699
installations. Any certification is effective for three years.	90700

(B) Following an investigation and finding of facts that	90701
support its action, the commission may revoke or suspend	90702
certification. The commission may initiate an investigation on its	90703
own motion or the petition of a person affected by the enforcement	90704
or approval of plans.	90705

Sec. 4781.16. (A) Except as provided in division (E) of this	90706
section, no person shall do any of the following:	90707

(1) Engage in the business of displaying or selling at retail	90708
manufactured homes or mobile homes or assume to engage in that	90709
business, unless the person is licensed as a manufactured housing	90710
dealer under this chapter, or is a salesperson licensed under this	90711
chapter and employed by a licensed manufactured housing dealer;	90712

(2) Make more than five casual sales of manufactured homes or	90713
mobile homes in a twelve-month period without obtaining a license	90714
as a manufactured housing dealer under this chapter;	90715

(3) Engage in the business of brokering manufactured homes	90716
unless that person is licensed as a manufactured housing broker	90717
under this chapter.	90718

(B)(1) Except as provided in this division, no manufactured	90719
housing dealer shall sell, display, offer for sale, or deal in	90720
manufactured homes or mobile homes at any place except an	90721
established place of business that is used exclusively for the	90722
purpose of selling, displaying, offering for sale, or dealing in	90723
manufactured homes or mobile homes.	90724

(2) No manufactured housing broker shall engage in the	90725
business of brokering manufactured or mobile homes at any place	90726
except an established place of business that is used exclusively	90727
for the purpose of brokering manufactured and mobile homes.	90728

(3) A place of business used for the brokering or sale of	90729
manufactured homes or mobile homes is considered to be used	90730
exclusively for brokering, selling, displaying, offering for sale,	90731
or dealing in motor vehicles even though industrialized units, as	90732
defined by section 3781.06 of the Revised Code, are brokered,	90733
sold, displayed, offered for sale, or dealt at the same place of	90734
business.	90735

(4) If the licensed manufactured housing dealer is a	90736
manufactured home park operator, then all of the following apply:	90737

(a) An established place of business that is located in the	90738
operator's manufactured home park and that is used for selling,	90739
leasing, and renting manufactured homes and mobile homes in that	90740
manufactured home park is considered to be used exclusively for	90741
that purpose even though rent and other activities related to the	90742
operation of the manufactured home park take place at the same	90743
location or office.	90744

(b) The dealer's established place of business in the	90745
manufactured home park shall be staffed by someone licensed and	90746
regulated under this chapter who could reasonably assist any	90747
retail customer with or without an appointment, but such	90748
established place of business need not satisfy office size,	90749
display lot size, and physical barrier requirements applicable to	90750
other used motor vehicle dealers.	90751

(c) The manufactured and mobile homes being offered for sale,	90752
lease, or rental by the dealer may be located on individual rental	90753
lots inside the operator's manufactured home park.	90754

(C) Nothing in this chapter shall be construed as prohibiting	90755
the sale of a new or used manufactured or mobile home located in a	90756
manufactured home park by a licensed manufactured housing dealer.	90757

(D) Nothing in this section shall be construed to prohibit	90758
persons licensed under this chapter from making sales calls.	90759

(E)(1) This chapter does not apply to mortgagees selling at	90760
retail only those manufactured homes or mobile homes that have	90761
come into their possession by a default in the terms of a mortgage	90762
contract.	90763

(2) When a partnership licensed under sections 4517.01 to	90764
4517.45 of the Revised Code is dissolved by death, the surviving	90765
partners may operate under the manufactured housing dealer license	90766
for a period of sixty days, and the heirs or representatives of	90767
deceased persons and receivers or trustees in bankruptcy appointed	90768
by any competent authority may operate under the license of the	90769
person succeeded in possession by that heir, representative,	90770
receiver, or trustee in bankruptcy.	90771

Sec. 4781.17. (A) Each person applying for a manufactured	90772
housing dealer's license or manufactured housing broker's license	90773
shall complete and deliver to the manufactured homes commission,	90774
before the first day of April, a separate application for license	90775
for each county in which the business of selling manufactured or	90776
mobile homes is to be conducted. The application shall be in the	90777
form prescribed by the commission and accompanied by the fee	90778
established by the commission. The applicant shall sign and swear	90779
to the application that shall include all of the following:	90780

(1) Name of applicant and location of principal place of	90781
business;	90782

(2) Name or style under which business is to be conducted	90783
and, if a corporation, the state of incorporation;	90784

(3) Name and address of each owner or partner and, if a	90785
corporation, the names of the officers and directors;	90786

(4) The county in which the business is to be conducted and	90787
the address of each place of business therein;	90788

(5) A statement of the previous history, record, and	90789
association of the applicant and of each owner, partner, officer,	90790
and director, that is sufficient to establish to the satisfaction	90791
of the commission the reputation in business of the applicant;	90792

(6) A statement showing whether the applicant has previously	90793
applied for a manufactured housing dealer's license, manufactured	90794
housing broker's license, manufactured housing salesperson's	90795
license, or, prior to July 1, 2010, a motor vehicle dealer's	90796
license, manufactured home broker's license, or motor vehicle	90797
salesperson's license, and the result of the application, and	90798
whether the applicant has ever been the holder of any such license	90799
that was revoked or suspended;	90800

(7) If the applicant is a corporation or partnership, a	90801
statement showing whether any partner, employee, officer, or	90802
director has been refused a manufactured housing dealer's license,	90803
manufactured housing broker's license, manufactured housing	90804
salesperson's license, or, prior to July 1, 2010, a motor vehicle	90805
dealer's license, manufactured home broker's license, or motor	90806
vehicle salesperson's license, or has been the holder of any such	90807
license that was revoked or suspended;	90808

(8) Any other information required by the commission.

90809

(B)Each person applying for a manufactured housing	90810
salesperson's license shall complete and deliver to the	90811
manufactured homes commission before the first day of July an	90812
application for license. The application shall be in the form	90813
prescribed by the commission and shall be accompanied by the fee	90814
established by the commission. The applicant shall sign and swear	90815
to the application that shall include all of the following:	90816

(1) Name and post-office address of the applicant;

90817

(2) Name and post-office address of the manufactured housing	90818
dealer or manufactured housing broker for whom the applicant	90819
intends to act as salesperson;	90820

(3) A statement of the applicant's previous history, record,	90821
and association, that is sufficient to establish to the	90822
satisfaction of the commission the applicant's reputation in	90823
business;	90824

(4) A statement as to whether the applicant intends to engage	90825
in any occupation or business other than that of a manufactured	90826
housing salesperson;	90827

(5) A statement as to whether the applicant has ever had any	90828
previous application for a manufactured housing salesperson	90829
license refused or, prior to July 1, 2010, any application for a	90830
motor vehicle salesperson license refused, and whether the	90831
applicant has previously had a manufactured housing salesperson or	90832
motor vehicle salesperson license revoked or suspended;	90833

(6) A statement as to whether the applicant was an employee	90834
of or salesperson for a manufactured housing dealer or	90835
manufactured housing broker whose license was suspended or	90836
revoked;	90837

(7) A statement of the manufactured housing dealer or	90838
manufactured housing broker named therein, designating the	90839
applicant as the dealer's or broker's salesperson;	90840

(8) Any other information required by the commission.

90841

(C) Any application for a manufactured housing dealer or	90842
manufactured housing broker delivered to the commission under this	90843
section also shall be accompanied by a photograph, as prescribed	90844
by the commission, of each place of business operated, or to be	90845
operated, by the applicant.	90846

(D) The manufactured homes commission shall deposit all	90847
license fees into the state treasury to the credit of the	90848
occupational licensing and regulatory fund.	90849

Sec. 4781.18. (A) The manufactured homes commission shall	90850
deny the application of any person for a license as a manufactured	90851
housing dealer or manufactured housing broker and refuse to issue	90852
the license if the commission finds that any of the following is	90853
true of the applicant:	90854

(1) The applicant has made any false statement of a material	90855
fact in the application.	90856

(2) The applicant has not complied with this chapter or the	90857
rules adopted by the commission under this chapter.	90858

(3) The applicant is of bad business repute or has habitually	90859
defaulted on financial obligations.	90860

(4) The applicant has been guilty of a fraudulent act in	90861
connection with selling or otherwise dealing in manufactured	90862
housing or in connection with brokering manufactured housing.	90863

(5) The applicant has entered into or is about to enter into	90864
a contract or agreement with a manufacturer or distributor of	90865
manufactured homes that is contrary to the requirements of this	90866
chapter.	90867

(6) The applicant is insolvent.

90868

(7) The applicant is of insufficient responsibility to ensure	90869
the prompt payment of any final judgments that might reasonably be	90870
entered against the applicant because of the transaction of	90871
business as a manufactured housing dealer or manufactured housing	90872
broker during the period of the license applied for, or has failed	90873
to satisfy any such judgment.	90874

(8) The applicant has no established place of business that,	90875
where applicable, is used or will be used for the purpose of	90876
selling, displaying, offering for sale or dealing in manufactured	90877
housing at the location for which application is made.	90878

(9) Within less than twelve months prior to making	90879
application, the applicant has been denied a manufactured housing	90880
dealer's license or manufactured housing broker's license, or has	90881
any such license revoked.	90882

(B) The commission shall deny the application of any person	90883
for a license as a salesperson and refuse to issue the license if	90884
the commission finds that any of the following is true of the	90885
applicant:	90886

(1) The applicant has made any false statement of a material	90887
fact in the application.	90888

(2) The applicant has not complied with this chapter or the	90889
rules adopted by the commission under this chapter.	90890

(3) The applicant is of bad business repute or has habitually	90891
defaulted on financial obligations.	90892

(4) The applicant has been guilty of a fraudulent act in	90893
connection with selling or otherwise dealing in manufactured	90894
housing.	90895

(5) The applicant has not been designated to act as	90896
salesperson for a manufactured housing dealer or manufactured	90897
housing broker licensed to do business in this state under this	90898
chapter, or intends to act as salesperson for more than one	90899
licensed manufactured housing dealer or manufactured housing	90900
broker at the same time, unless the licensed dealership is owned	90901
or operated by the same corporation, regardless of the county in	90902
which the dealership's facility is located.	90903

(6) The applicant holds a current manufactured housing	90904
dealer's or manufactured housing broker's license issued under	90905
this chapter, and intends to act as salesperson for another	90906
licensed manufactured housing dealer or manufactured housing	90907
broker.	90908

(7) Within less than twelve months prior to making	90909
application, the applicant has been denied a salesperson's license	90910
or had a salesperson's license revoked.	90911

(8) The applicant was salesperson for, or in the employ of, a	90912
manufactured housing dealer or manufactured housing broker at the	90913
time the dealer's or broker's license was revoked.	90914

(C) If an applicant for a manufactured housing dealer or	90915
manufactured housing broker's license is a corporation or	90916
partnership, the commission may refuse to issue a license if any	90917
officer, director, or partner of the applicant has been guilty of	90918
any act or omission that would be cause for refusing or revoking a	90919
license issued to such officer, director, or partner as an	90920
individual. The commission's finding may be based upon facts	90921
contained in the application or upon any other information the	90922
commission may have.	90923

(D) Notwithstanding division (A)(4) of this section, the	90924
commission shall not deny the application of any person and refuse	90925
to issue a license if the commission finds that the applicant is	90926
engaged or will engage in the business of selling at retail any	90927
new manufactured homes and demonstrates that the applicant has	90928
posted a bond, surety, or certificate of deposit with the	90929
commission in an amount not less than one hundred thousand dollars	90930
for the protection and benefit of the applicant's customers.	90931

(E) A decision made by the commission under this section may	90932
be based upon any statement contained in the application or upon	90933
any facts within the commission's knowledge.	90934

(F) Immediately upon denying an application for any of the	90935
reasons in this section, the commission shall enter a final order	90936
together with the commission's findings. If the application is	90937
denied by the executive director of the commission under authority	90938
of section 4781.05 of the Revised Code, the executive director	90939
shall enter a final order together with the director's findings	90940
and certify the same to the commission. The commission shall issue	90941
to the applicant a written notice of refusal to grant a license	90942
that shall disclose the reason for refusal.	90943

Sec. 4781.19. (A) At the time the manufactured homes	90944
commission grants the application of any person for a license as a	90945
manufactured housing dealer, manufactured housing broker, or	90946
manufactured housing salesperson, the commission shall issue to	90947
the person a license that includes the name and post-office	90948
address of the person licensed. If a manufactured housing dealer	90949
or manufactured housing broker has more than one place of business	90950
in a county, the dealer or broker shall make application, in such	90951
form as the commission prescribes, for a certified copy of the	90952
license issued to the dealer or broker for each place of business	90953
in the county.	90954

(B) The commission may require each applicant for a	90955
manufactured housing dealer's license, manufactured housing	90956
broker's license, and manufactured housing salesperson's license	90957
issued under this chapter to pay an additional fee, which shall be	90958
used by the commission to pay the costs of obtaining a record of	90959
any arrests and convictions of the applicant from the bureau of	90960
identification and investigation. The amount of the fee shall be	90961
equal to that paid by the commission to obtain such record.	90962

(C) In the event of the loss, mutilation, or destruction of a	90963
manufactured housing dealer's license, manufactured housing	90964
broker's license, or manufactured housing salesperson's license,	90965
any licensee may make application to the commission, in the form	90966
prescribed by the commission, for a duplicate copy thereof and pay	90967
a fee established by the commission.	90968

(D) All manufactured housing dealers' licenses, all	90969
manufactured housing brokers' licenses, and all manufactured	90970
housing salespersons' licenses issued or renewed shall expire	90971
biennially on a day within the two-year cycle that is prescribed	90972
by the manufactured homes commission, unless sooner suspended or	90973
revoked. Before the first day after the day prescribed by the	90974
commission in the year that the license expires, each licensed	90975
manufactured housing dealer, manufactured housing broker, and	90976
manufactured housing salesperson, in the year in which the license	90977
will expire, shall file an application, in such form as the	90978
commission prescribes, for the renewal of such license. The fee	90979
required by this section for the original license shall accompany	90980
the application.	90981

(E) Each manufactured housing dealer and manufactured housing	90982
broker shall keep the license or a certified copy thereof and a	90983
current list of the dealer's or the broker's licensed	90984
salespersons, showing the names, addresses, and serial numbers of	90985
their licenses, posted in a conspicuous place in each place of	90986
business. Each salesperson shall carry the salesperson's license	90987
or a certified copy thereof and shall exhibit such license or copy	90988
upon demand to any inspector of the commission, state highway	90989
patrol trooper, police officer, or person with whom the	90990
salesperson seeks to transact business as a manufactured housing	90991
salesperson.	90992

Sec. 4781.20. The applications for licenses submitted under	90993
section 4781.17 of the Revised Code are not part of the public	90994
records but are confidential information for the use of the	90995
manufactured homes commission. No person shall divulge any	90996
information contained in such applications and acquired by the	90997
person in the person's capacity as an official or employee of the	90998
manufactured homes commission, except in a report to the	90999
commission, or when called upon to testify in any court or	91000
proceeding.	91001

Sec. 4781.21. (A) The manufactured homes commission may make	91002
rules governing its actions relative to the suspension and	91003
revocation of manufactured housing dealers', manufactured housing	91004
brokers', and manufactured housing salespersons' licenses, and	91005
may, upon its own motion, and shall, upon the verified complaint	91006
in writing of any person, investigate the conduct of any licensee	91007
under this chapter. The commission shall suspend, revoke, or	91008
refuse to renew any manufactured housing dealer's, manufactured	91009
housing broker's, or manufactured housing salesperson's license,	91010
if any ground existed upon which the license might have been	91011
refused, or if a ground exists that would be cause for refusal to	91012
issue a license.	91013

The commission may suspend or revoke any license if the	91014
licensee has in any manner violated the rules adopted by the	91015
commission under this chapter, or has been convicted of committing	91016
a felony or violating any law that in any way relates to the	91017
selling, taxing, licensing, or regulation of sales of manufactured	91018
or mobile homes.	91019

(B) Any salesperson's license shall be suspended upon the	91020
termination, suspension, or revocation of the license of the	91021
manufactured housing dealer or manufactured housing broker for	91022
whom the salesperson is acting, or upon the salesperson leaving	91023
the service of the manufactured housing dealer or manufactured	91024
housing broker. Upon the termination, suspension, or revocation of	91025
the license of the manufactured housing dealer or manufactured	91026
housing broker for whom the salesperson is acting, or upon the	91027
salesperson leaving the service of a licensed manufactured housing	91028
or manufactured housing broker, the licensed salesperson may make	91029
application to the commission, in such form as the commission	91030
prescribes, to have the salesperson's license reinstated,	91031
transferred, and registered as a salesperson for another dealer or	91032
broker. If the information contained in the application is	91033
satisfactory to the commission, the commission shall reinstate,	91034
transfer, or register the salesperson's license as a salesperson	91035
for other dealer or broker. The commission shall establish the fee	91036
for the reinstatement and transfer of license. No license issued	91037
to a dealer, broker, or salesperson under this chapter may be	91038
transferred to any other person.	91039

(C) Any person whose manufactured housing dealer's license,	91040
manufactured housing broker's license, or manufactured housing	91041
salesperson's license is revoked, suspended, denied, or not	91042
renewed may request an adjudication hearing on the matter within	91043
thirty days after receipt of the notice of the action. If no	91044
appeal is taken within thirty days after receipt of the order, the	91045
order is final and conclusive. All appeals must be by petition in	91046
writing and verified under oath by the applicant whose application	91047
for license has been revoked, suspended, denied, or not renewed	91048
and must set forth the reason for the appeal and the reason why,	91049
in the petitioner's opinion, the order is not correct. In such	91050
appeals the board may make investigation to determine the	91051
correctness and legality of the appealed order. The hearing shall	91052
be held in accordance with Chapter 119. of the Revised Code.	91053

Sec. 4781.22. No manufactured housing dealer licensed under	91054
this chapter shall do any of the following:	91055

(A) Directly or indirectly, solicit the sale of a	91056
manufactured home or mobile home through an interested person	91057
other than a salesperson licensed in the employ of a licensed	91058
dealer;	91059

(B) Pay any commission or compensation in any form to any	91060
person in connection with the sale of a manufactured home or	91061
mobile home unless the person is licensed as a salesperson in the	91062
employ of the dealer;	91063

(C) Fail to immediately notify the manufactured homes	91064
commission upon termination of the employment of any person	91065
licensed as a salesperson to sell, display, offer for sale, or	91066
deal in manufactured homes or mobile homes for the dealer.	91067

Sec. 4781.23. (A) Each licensed manufactured housing dealer	91068
and manufactured housing broker shall notify the manufactured	91069
homes commission of any change in status as a manufactured housing	91070
dealer or manufactured housing broker during the period for which	91071
the dealer or broker is licensed, if the change of status concerns	91072
either of the following:	91073

(1) Personnel of owners, partners, officers, or directors;

91074

(2) Location of an office or principal place of business.

91075

(B) The notification required by division (A) of this section	91076
shall be made by filing with the commission, within fifteen days	91077
after the change of status, a supplemental statement in a form	91078
prescribed by the commission showing in what respect the status	91079
has been changed.	91080

The commission may adopt a rule exempting from the	91081
notification requirement of division (A)(1) of this section any	91082
dealer if stock in the dealer or its parent company is publicly	91083
traded and if there are public records filed with and in the	91084
possession of state or federal agencies that provide the	91085
information required by division (A)(1) of this section.	91086

Sec. 4781.24. (A) Every retail sale of a manufactured home	91087
or mobile home shall be preceded by a written contract that shall	91088
contain all of the agreements of the parties and shall be signed	91089
by the buyer and the seller. The seller, upon execution of the	91090
contract and before the delivery of the manufactured or mobile	91091
home, shall deliver to the buyer a copy of the contract that shall	91092
clearly describe all of the following:	91093

(1) The home sold to the buyer, including, where applicable,	91094
its vehicle identification number;	91095

(2) The sale price of the home, and, if applicable, the	91096
amount paid down by the buyer;	91097

(3) The amount credited to the buyer for any trade-in and a	91098
description thereof;	91099

(4) The amount of any finance charge;

91100

(5) The amount charged for any home insurance and a statement	91101
of the types of insurance provided by the policy or policies;	91102

(6) The amount of any other charge and a specification of its	91103
purpose;	91104

(7) The net balance of payment due from the buyer including	91105
the terms of the payment of the net balance.	91106

(B) A manufactured housing dealer may contract for and	91107
receive a documentary service charge for a retail sale of a	91108
manufactured home or mobile home. The documentary service charge	91109
shall be specified in writing without itemization of the	91110
individual services provided and shall not be more than the lesser	91111
of the following:	91112

(1) The amount allowed in a retail installment contract;

91113

(2) Ten per cent of the amount the buyer is required to pay	91114
pursuant to the contract, excluding tax, title, and registration	91115
fees, and any negative equity adjustment.	91116

(C) This section does not apply to a casual sale of a	91117
manufactured home or mobile home.	91118

Sec. 4781.25. The manufactured homes commission shall adopt	91119
rules for the regulation of manufactured housing brokers in	91120
accordance with Chapter 119. of the Revised Code. The rules shall	91121
require that a manufactured housing broker maintain a bond of a	91122
surety company authorized to transact business in this state in an	91123
amount determined by the commission. The rules also shall require	91124
each person licensed as a manufactured housing broker to maintain	91125
at all times a special or trust bank account that is	91126
noninterest-bearing, is separate and distinct from any personal or	91127
other account of the broker, and into which shall be deposited and	91128
maintained all escrow funds, security deposits, and other moneys	91129
received by the broker in a fiduciary capacity. In a form	91130
determined by the commission, a manufactured housing broker shall	91131
submit written proof to the commission of the continued	91132
maintenance of the special or trust account. A depository where	91133
special or trust accounts are maintained in accordance with this	91134
section shall be located in this state.	91135

Sec. 4781.99. (A) Whoever violates division (A) of section	91136
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	91137
first offense and shall be subject to a mandatory fine of one	91138
hundred dollars. On a second offense, the person is guilty of a	91139
misdemeanor of the first degree and shall be subject to a	91140
mandatory fine of one thousand dollars.	91141

(B) Whoever violates section 4781.20 of the Revised Code is	91142
guilty of a minor misdemeanor.	91143

(C) Whoever violates any of the following is guilty of a	91144
misdemeanor of the fourth degree:	91145

(1) Division (B) or (C) of section 4781.16 of the Revised	91146
Code;	91147

(2) Section 4781.22 of the Revised Code;

91148

(3) Section 4781.23 of the Revised Code;

91149

(4) Division (A) of section 4781.24 of the Revised Code;

91150

(5) Section 4781.25 of the Revised Code.

91151

Sec. 4905.06. The public utilities commission has general	91152
supervision over all public utilities within its jurisdiction as	91153
defined in section 4905.05 of the Revised Code, and may examine	91154
such public utilities and keep informed as to their general	91155
condition, capitalization, and franchises, and as to the manner in	91156
which their properties are leased, operated, managed, and	91157
conducted with respect to the adequacy or accommodation afforded	91158
by their service, the safety and security of the public and their	91159
employees, and their compliance with all laws, orders of the	91160
commission, franchises, and charter requirements. The commission	91161
has general supervision over all other companies referred to in	91162
section 4905.05 of the Revised Code to the extent of its	91163
jurisdiction as defined in that section, and may examine such	91164
companies and keep informed as to their general condition and	91165
capitalization, and as to the manner in which their properties are	91166
leased, operated, managed, and conducted with respect to the	91167
adequacy or accommodation afforded by their service, and their	91168
compliance with all laws and orders of the commission, insofar as	91169
any of such matters may relate to the costs associated with the	91170
provision of electric utility service by public utilities in this	91171
state which are affiliated or associated with such companies. The	91172
commission, through the public utilities commissioners or	91173
inspectors or employees of the commission authorized by it, may	91174
enter in or upon, for purposes of inspection, any property,	91175
equipment, building, plant, factory, office, apparatus, machinery,	91176
device, and lines of any public utility. The power to inspect	91177
includes the power to prescribe any rule or order that the	91178
commission finds necessary for protection of the public safety. In	91179
order to assist the commission in the performance of its duties	91180
under this chapter, authorized employees of the motor carrier	91181
enforcement unit, created under section 5503.34 of the Revised	91182
Code in the division of state highway patrol, of the department of	91183
public safety may enter in or upon, for inspection purposes, any	91184
motor vehicle of any motor transportation company or private motor	91185
carrier as defined in section 4923.02 of the Revised Code.	91186

In order to inspect motor vehicles owned or operated by a	91187
motor transportation company engaged in the transportation of	91188
persons, authorized employees of the motor carrier enforcement	91189
unit, division of state highway patrol, of the department of	91190
public safety and authorized sheriffs, deputy sheriffs, and	91191
municipal police officers acting pursuant to section 311.32 or	91192
737.39 of the Revised Code and in accordance with memoranda of	91193
agreement entered into under section 4919.80 of the Revised Code	91194
may enter in or upon any property of any motor transportation	91195
company, as defined in section 4921.02 of the Revised Code,	91196
engaged in the intrastate transportation of persons.	91197

Sec. 4919.79. (A) The public utilities commission may adopt	91198
safety rules applicable to the highway transportation and offering	91199
for transportation of hazardous materials in interstate commerce,	91200
which highway transportation takes place into or through this	91201
state.	91202

(B) The commission may adopt safety rules applicable to the	91203
highway transportation of persons or property in interstate	91204
commerce, which transportation takes place into or through this	91205
state.	91206

(C) Rules adopted under divisions (A) and (B) of this section	91207
shall be consistent with, and equivalent in scope, coverage, and	91208
content to, the "Hazardous Materials Transportation Act," 88 Stat.	91209
2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	91210
under it, and the "Motor Carrier Safety Act of 1984," 98 Stat.	91211
2832, 49 U.S.C.A. 2501, and regulations adopted under it,	91212
respectively. No person shall violate a rule adopted under	91213
division (A) or (B) of this section or any order of the commission	91214
issued to secure compliance with any such rule.	91215

(D) The commission shall cooperate with, and permit the use	91216
of, the services, records, and facilities of the commission as	91217
fully as practicable by appropriate officers of the interstate	91218
commerce commission, the United States department of	91219
transportation, and other federal agencies or commissions and	91220
appropriate commissions of other states in the enforcement and	91221
administration of state and federal laws relating to highway	91222
transportation by motor vehicles. The commission may enter into	91223
cooperative agreements with the interstate commerce commission,	91224
the United States department of transportation, and any other	91225
federal agency or commission to enforce the economic and safety	91226
laws and rules of this state and of the United States concerning	91227
highway transportation by motor vehicles. All grants-in-aid, cash,	91228
and reimbursements received by the commission pursuant to those	91229
cooperative agreements shall be deposited to the credit of the	91230
motor carrier safety fund, which is hereby created in the state	91231
treasury, to be used by the commission for the purpose of carrying	91232
out this section.	91233

(E) To achieve the purposes of this section, the commission,	91234
through its inspectors or other authorized employees, may inspect	91235
any vehicles of carriers of persons or property in interstate	91236
commerce subject to the safety rules prescribed by this section	91237
and may enter upon the premises and vehicles of such carriers to	91238
examine any of the carriers' records or documents that relate to	91239
the safety of operation of such carriers. In order to assist the	91240
commission in the performance of its duties under this section,	91241
authorized employees of the motor carrier enforcement unit,	91242
created under section 5503.34 of the Revised Code in the division	91243
of state highway patrol, of the department of public safety and	91244
authorized sheriffs, deputy sheriffs, and municipal police	91245
officers acting pursuant to section 311.32 or 737.39 of the	91246
Revised Code and in accordance with memoranda of agreement entered	91247
into under section 4919.80 of the Revised Code may enter in or	91248
upon, for purposes of inspection, any vehicle of any such carrier.	91249

In order to inspect motor vehicles owned or operated by	91250
private motor carriers of persons, authorized employees of the	91251
motor carrier enforcement unit, division of state highway patrol,	91252
of the department of public safety may enter in or upon the	91253
premises of any private carrier of persons in interstate commerce,	91254
subject to the safety rules prescribed by this section.	91255

Sec. 4919.80. (A) The public utilities commission shall	91256
adopt any rules it finds necessary regarding sheriff, deputy	91257
sheriff, and municipal police officer authority under sections	91258
311.32 and 737.39 of the Revised Code. The rules shall include all	91259
of the following:	91260

(1) Specification of the form, manner, and time in which any	91261
violation cited pursuant to either such section must be forwarded	91262
to the commission;	91263

(2) Specification of the training, education, and	91264
certification required to act under those sections;	91265

(3) The eligibility of, and procedures to be followed by, the	91266
legislative authority of a county or municipal corporation to	91267
apply to the commission for reimbursement only of training and	91268
equipment costs incurred by the county or municipal corporation	91269
pursuant to section 311.32 or 737.39 of the Revised Code.	91270

(B) The commission shall establish a memorandum of agreement,	91271
and the procedures for entering into that memorandum, between the	91272
commission and the legislative authority of a county or municipal	91273
corporation in relation to enforcement under sections 311.32 and	91274
737.39 of the Revised Code.	91275

(C) All forfeitures collected pursuant to section 311.32 or	91276
737.39 of the Revised Code shall be deposited to the credit of the	91277
local commercial motor vehicle enforcement fund, which is hereby	91278
created in the state treasury. An amount not exceeding the first	91279
two hundred thousand dollars of forfeitures so deposited in a	91280
fiscal year shall be used by the commission for the administration	91281
of the fund and to carry out its duties under this section. Any	91282
excess forfeitures not exceeding one million two hundred thousand	91283
dollars deposited in the fiscal year shall be distributed by the	91284
commission to the legislative authority of any county or municipal	91285
corporation upon application pursuant to the rules adopted under	91286
division (A)(3) of this section. All forfeitures collected and	91287
equal to or greater than one million two hundred thousand dollars	91288
in a fiscal year shall be deposited to the credit of the general	91289
revenue fund.	91290

Sec. 4923.12. (A) The taxes imposed by sections 4921.18 and	91291
4923.11 of the Revised Code shall be paid to the treasurer of	91292
state. The first received remittances of the taxes in each fiscal	91293
year shall be credited to the public utilities fund until the	91294
aggregate credit from the taxes, and from the fees collected under	91295
division (B) of this section, in a fiscal year amounts to a sum	91296
equal to the appropriation from the public utilities fund made by	91297
the general assembly for defraying all expenses incident to	91298
maintaining the nonrailroad transportation activities of the	91299
public utilities commission. Receipt of the taxes subsequent	91300
thereto, after receipt by the treasurer of state of certifications	91301
from the commissioners of the sinking fund certifying, as required	91302
by sections 5528.15 and 5528.35 of the Revised Code, that there	91303
are sufficient moneys to the credit of the highway improvement	91304
bond retirement fund created by section 5528.12 of the Revised	91305
Code to meet in full all payments of interest, principal, and	91306
charges for the retirement of bonds and other obligations issued	91307
pursuant to Section 2g of Article VIII, Ohio Constitution and	91308
sections 5528.10 and 5528.11 of the Revised Code, due and payable	91309
during the current calendar year, and that there are sufficient	91310
moneys to the credit of the highway obligations bond retirement	91311
fund created by section 5528.32 of the Revised Code to meet in	91312
full all payments of interest, principal, and charges for the	91313
retirement of highway obligations issued pursuant to Section 2i of	91314
Article VIII, Ohio Constitution and sections 5528.30 and 5528.31	91315
of the Revised Code due and payable during the current calendar	91316
year, shall be paid into the state treasury to the credit of the	91317
state highway safety fund created by section 4501.06 of the	91318
Revised Code, and shall be subject to appropriation solely for the	91319
expense of operation and maintenance of the department of public	91320
safety.	91321

(B) The fees set by the commission in accordance with	91322
sections 4919.76 and 4919.77 of the Revised Code shall be credited	91323
to the public utilities fund except for those fees collected on	91324
behalf of other states participating in the single state insurance	91325
registration program, which shall be credited to the base state	91326
registration fund, which is hereby created in the state treasury.	91327

(C) ~~The~~Except as provided in section 4919.80 of the Revised	91328
Code, the forfeitures imposed by sections 4919.99, 4921.99, and	91329
4923.99 of the Revised Code shall be paid to the treasurer of	91330
state. The first received remittances of the forfeitures in each	91331
fiscal year shall be credited to the transportation enforcement	91332
fund, which is hereby created in the state treasury, until the	91333
aggregate credit in the fiscal year is equal to the appropriation	91334
in the fund for the fiscal year less any outstanding unencumbered	91335
cash balance from the previous fiscal year in the fund. All	91336
forfeitures subsequently received shall be credited to the general	91337
revenue fund. The public utilities commission shall use the	91338
transportation enforcement fund to administer the civil forfeiture	91339
program of sections 4919.99, 4921.99, and 4923.99 of the Revised	91340
Code.	91341

(D) If the director of budget and management determines that	91342
the balance of the public utilities fund will be less than the	91343
appropriations from the fund, the director shall transfer from the	91344
general revenue fund to the public utilities fund an amount equal	91345
to the difference between the balance of the public utilities fund	91346
and the amount needed to support the appropriations from that	91347
fund. If the director subsequently determines that the balance and	91348
revenues of the public utilities fund during the fiscal year will	91349
exceed the amount needed to support the appropriations from the	91350
fund, the director shall transfer the excess, up to the amount of	91351
the original transfer, back to the general revenue fund.	91352

Sec. 4923.20. (A) As used in this section:

91353

(1) "Private motor carrier" has the same meaning as in	91354
section 4923.02 of the Revised Code, except that it includes only	91355
private motor carriers operating on a not-for-hire basis and	91356
excludes all private motor carriers operating on a for-hire basis.	91357

(2) "Commercial motor vehicle" has the same meaning as in the	91358
"Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C.A. 2701,	91359
as amended, except that "commerce" means trade, traffic, and	91360
transportation solely within this state.	91361

(B) The public utilities commission may adopt and enforce	91362
rules concerning the safety of operation of commercial motor	91363
vehicles by private motor carriers, except that the rules shall	91364
not affect any rights or duties granted to or imposed upon the	91365
operator of such a motor vehicle by Chapter 4511. of the Revised	91366
Code.	91367

(C) The commission may adopt safety rules applicable to the	91368
transportation of hazardous materials by private motor carriers by	91369
means of commercial motor vehicles and applicable to the offering	91370
of hazardous materials for such transportation. The rules shall be	91371
consistent with, and equivalent in scope, coverage, and content	91372
to, the "Hazardous Materials Transportation Act," 88 Stat. 2156	91373
(1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	91374
under it.	91375

(D) To achieve the purposes of this section, the commission	91376
may, through inspectors or other authorized employees, inspect any	91377
motor vehicles of such carriers and may enter upon the premises	91378
and vehicles of the carriers to examine any of the carriers'	91379
records or documents that relate to the safety of operation of	91380
private motor carriers. In order to assist the commission in	91381
performing its duties under this section, authorized employees of	91382
the motor carrier enforcement unit, created under section 5503.34	91383
of the Revised Code in the division of state highway patrol, of	91384
the department of public safety may enter in or upon, for purposes	91385
of inspection, any motor vehicle of any such carrier.	91386

In order to inspect motor vehicles owned or operated by	91387
private motor carriers engaged in the transportation of persons,	91388
authorized employees of the motor carrier enforcement unit,	91389
division of state highway patrol, of the department of public	91390
safety and authorized sheriffs, deputy sheriffs, and municipal	91391
police officers acting pursuant to section 311.32 or 737.39 of the	91392
Revised Code and in accordance with memoranda of agreement entered	91393
into under section 4919.80 of the Revised Code may enter in or	91394
upon the premises of any private motor carrier engaged in the	91395
intrastate transportation of persons.	91396

(E) No private motor carrier or person offering hazardous	91397
materials for transportation by private motor carrier shall fail	91398
to comply with any order, decision, or rule adopted under this	91399
section or any order of the commission issued to secure compliance	91400
with any such rule.	91401

Sec. 4928.01. (A) As used in this chapter:

91402

(1) "Ancillary service" means any function necessary to the	91403
provision of electric transmission or distribution service to a	91404
retail customer and includes, but is not limited to, scheduling,	91405
system control, and dispatch services; reactive supply from	91406
generation resources and voltage control service; reactive supply	91407
from transmission resources service; regulation service; frequency	91408
response service; energy imbalance service; operating	91409
reserve-spinning reserve service; operating reserve-supplemental	91410
reserve service; load following; back-up supply service;	91411
real-power loss replacement service; dynamic scheduling; system	91412
black start capability; and network stability service.	91413

(2) "Billing and collection agent" means a fully independent	91414
agent, not affiliated with or otherwise controlled by an electric	91415
utility, electric services company, electric cooperative, or	91416
governmental aggregator subject to certification under section	91417
4928.08 of the Revised Code, to the extent that the agent is under	91418
contract with such utility, company, cooperative, or aggregator	91419
solely to provide billing and collection for retail electric	91420
service on behalf of the utility company, cooperative, or	91421
aggregator.	91422

(3) "Certified territory" means the certified territory	91423
established for an electric supplier under sections 4933.81 to	91424
4933.90 of the Revised Code.	91425

(4) "Competitive retail electric service" means a component	91426
of retail electric service that is competitive as provided under	91427
division (B) of this section.	91428

(5) "Electric cooperative" means a not-for-profit electric	91429
light company that both is or has been financed in whole or in	91430
part under the "Rural Electrification Act of 1936," 49 Stat. 1363,	91431
7 U.S.C. 901, and owns or operates facilities in this state to	91432
generate, transmit, or distribute electricity, or a not-for-profit	91433
successor of such company.	91434

(6) "Electric distribution utility" means an electric utility	91435
that supplies at least retail electric distribution service.	91436

(7) "Electric light company" has the same meaning as in	91437
section 4905.03 of the Revised Code and includes an electric	91438
services company, but excludes any self-generator to the extent	91439
that it consumes electricity it so produces, sells that	91440
electricity for resale, or obtains electricity from a generating	91441
facility it hosts on its premises.	91442

(8) "Electric load center" has the same meaning as in section	91443
4933.81 of the Revised Code.	91444

(9) "Electric services company" means an electric light	91445
company that is engaged on a for-profit or not-for-profit basis in	91446
the business of supplying or arranging for the supply of only a	91447
competitive retail electric service in this state. "Electric	91448
services company" includes a power marketer, power broker,	91449
aggregator, or independent power producer but excludes an electric	91450
cooperative, municipal electric utility, governmental aggregator,	91451
or billing and collection agent.	91452

(10) "Electric supplier" has the same meaning as in section	91453
4933.81 of the Revised Code.	91454

(11) "Electric utility" means an electric light company that	91455
has a certified territory and is engaged on a for-profit basis	91456
either in the business of supplying a noncompetitive retail	91457
electric service in this state or in the businesses of supplying	91458
both a noncompetitive and a competitive retail electric service	91459
in this state. "Electric utility" excludes a municipal electric	91460
utility or a billing and collection agent.	91461

(12) "Firm electric service" means electric service other	91462
than nonfirm electric service.	91463

(13) "Governmental aggregator" means a legislative authority	91464
of a municipal corporation, a board of township trustees, or a	91465
board of county commissioners acting as an aggregator for the	91466
provision of a competitive retail electric service under authority	91467
conferred under section 4928.20 of the Revised Code.	91468

(14) A person acts "knowingly," regardless of the person's	91469
purpose, when the person is aware that the person's conduct will	91470
probably cause a certain result or will probably be of a certain	91471
nature. A person has knowledge of circumstances when the person is	91472
aware that such circumstances probably exist.	91473

(15) "Level of funding for low-income customer energy	91474
efficiency programs provided through electric utility rates" means	91475
the level of funds specifically included in an electric utility's	91476
rates on October 5, 1999, pursuant to an order of the public	91477
utilities commission issued under Chapter 4905. or 4909. of the	91478
Revised Code and in effect on October 4, 1999, for the purpose of	91479
improving the energy efficiency of housing for the utility's	91480
low-income customers. The term excludes the level of any such	91481
funds committed to a specific nonprofit organization or	91482
organizations pursuant to a stipulation or contract.	91483

(16) "Low-income customer assistance programs" means the	91484
percentage of income payment plan program, the home energy	91485
assistance program, the home weatherization assistance program,	91486
and the targeted energy efficiency and weatherization program.	91487

(17) "Market development period" for an electric utility	91488
means the period of time beginning on the starting date of	91489
competitive retail electric service and ending on the applicable	91490
date for that utility as specified in section 4928.40 of the	91491
Revised Code, irrespective of whether the utility applies to	91492
receive transition revenues under this chapter.	91493

(18) "Market power" means the ability to impose on customers	91494
a sustained price for a product or service above the price that	91495
would prevail in a competitive market.	91496

(19) "Mercantile customer" means a commercial or industrial	91497
customer if the electricity consumed is for nonresidential use and	91498
the customer consumes more than seven hundred thousand kilowatt	91499
hours per year or is part of a national account involving multiple	91500
facilities in one or more states.	91501

(20) "Municipal electric utility" means a municipal	91502
corporation that owns or operates facilities to generate,	91503
transmit, or distribute electricity.	91504

(21) "Noncompetitive retail electric service" means a	91505
component of retail electric service that is noncompetitive as	91506
provided under division (B) of this section.	91507

(22) "Nonfirm electric service" means electric service	91508
provided pursuant to a schedule filed under section 4905.30 of the	91509
Revised Code or pursuant to an arrangement under section 4905.31	91510
of the Revised Code, which schedule or arrangement includes	91511
conditions that may require the customer to curtail or interrupt	91512
electric usage during nonemergency circumstances upon	91513
notification by an electric utility.	91514

(23) "Percentage of income payment plan arrears" means funds	91515
eligible for collection through the percentage of income payment	91516
plan rider, but uncollected as of July 1, 2000.	91517

(24) "Person" has the same meaning as in section 1.59 of the	91518
Revised Code.	91519

(25) "Advanced energy project" means any technologies,	91520
products, activities, or management practices or strategies that	91521
facilitate the generation or use of electricity or energy and that	91522
reduce or support the reduction of energy consumption or support	91523
the production of clean, renewable energy for industrial,	91524
distribution, commercial, institutional, governmental, research,	91525
not-for-profit, or residential energy users, including, but not	91526
limited to, advanced energy resources and renewable energy	91527
resources. "Advanced energy project" also includes any project	91528
described in division (A), (B), or (C) of section 4928.621 of the	91529
Revised Code.	91530

(26) "Regulatory assets" means the unamortized net	91531
regulatory assets that are capitalized or deferred on the	91532
regulatory books of the electric utility, pursuant to an order or	91533
practice of the public utilities commission or pursuant to	91534
generally accepted accounting principles as a result of a prior	91535
commission rate-making decision, and that would otherwise have	91536
been charged to expense as incurred or would not have been	91537
capitalized or otherwise deferred for future regulatory	91538
consideration absent commission action. "Regulatory assets"	91539
includes, but is not limited to, all deferred demand-side	91540
management costs; all deferred percentage of income payment plan	91541
arrears; post-in-service capitalized charges and assets recognized	91542
in connection with statement of financial accounting standards no.	91543
109 (receivables from customers for income taxes); future nuclear	91544
decommissioning costs and fuel disposal costs as those costs have	91545
been determined by the commission in the electric utility's most	91546
recent rate or accounting application proceeding addressing such	91547
costs; the undepreciated costs of safety and radiation control	91548
equipment on nuclear generating plants owned or leased by an	91549
electric utility; and fuel costs currently deferred pursuant to	91550
the terms of one or more settlement agreements approved by the	91551
commission.	91552

(27) "Retail electric service" means any service involved in	91553
supplying or arranging for the supply of electricity to ultimate	91554
consumers in this state, from the point of generation to the	91555
point of consumption. For the purposes of this chapter, retail	91556
electric service includes one or more of the following "service	91557
components": generation service, aggregation service, power	91558
marketing service, power brokerage service, transmission service,	91559
distribution service, ancillary service, metering service, and	91560
billing and collection service.	91561

(28) "Starting date of competitive retail electric service"	91562
means January 1, 2001.	91563

(29) "Customer-generator" means a user of a net metering	91564
system.	91565

(30) "Net metering" means measuring the difference in an	91566
applicable billing period between the electricity supplied by an	91567
electric service provider and the electricity generated by a	91568
customer-generator that is fed back to the electric service	91569
provider.	91570

(31) "Net metering system" means a facility for the	91571
production of electrical energy that does all of the following:	91572

(a) Uses as its fuel either solar, wind, biomass, landfill	91573
gas, or hydropower, or uses a microturbine or a fuel cell;	91574

(b) Is located on a customer-generator's premises;

91575

(c) Operates in parallel with the electric utility's	91576
transmission and distribution facilities;	91577

(d) Is intended primarily to offset part or all of the	91578
customer-generator's requirements for electricity.	91579

(32) "Self-generator" means an entity in this state that	91580
owns or hosts on its premises an electric generation facility	91581
that produces electricity primarily for the owner's consumption	91582
and that may provide any such excess electricity to another	91583
entity, whether the facility is installed or operated by the	91584
owner or by an agent under a contract.	91585

(33) "Rate plan" means the standard service offer in effect	91586
on the effective date of the amendment of this section by S.B. 221	91587
of the 127th general assembly, July 31, 2008.	91588

(34) "Advanced energy resource" means any of the following:

91589

(a) Any method or any modification or replacement of any	91590
property, process, device, structure, or equipment that increases	91591
the generation output of an electric generating facility to the	91592
extent such efficiency is achieved without additional carbon	91593
dioxide emissions by that facility;	91594

(b) Any distributed generation system consisting of customer	91595
cogeneration of electricity and thermal output simultaneously,	91596
primarily to meet the energy needs of the customer's facilities;	91597

(c) Clean coal technology that includes a carbon-based	91598
product that is chemically altered before combustion to	91599
demonstrate a reduction, as expressed as ash, in emissions of	91600
nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or	91601
sulfur trioxide in accordance with the American society of testing	91602
and materials standard D1757A or a reduction of metal oxide	91603
emissions in accordance with standard D5142 of that society, or	91604
clean coal technology that includes the design capability to	91605
control or prevent the emission of carbon dioxide, which design	91606
capability the commission shall adopt by rule and shall be based	91607
on economically feasible best available technology or, in the	91608
absence of a determined best available technology, shall be of	91609
the highest level of economically feasible design capability for	91610
which there exists generally accepted scientific opinion;	91611

(d) Advanced nuclear energy technology consisting of	91612
generation III technology as defined by the nuclear regulatory	91613
commission; other, later technology; or significant improvements	91614
to existing facilities;	91615

(e) Any fuel cell used in the generation of electricity,	91616
including, but not limited to, a proton exchange membrane fuel	91617
cell, phosphoric acid fuel cell, molten carbonate fuel cell, or	91618
solid oxide fuel cell;	91619

(f) Advanced solid waste or construction and demolition	91620
debris conversion technology, including, but not limited to,	91621
advanced stoker technology, and advanced fluidized bed	91622
gasification technology, that results in measurable greenhouse	91623
gas emissions reductions as calculated pursuant to the United	91624
States environmental protection agency's waste reduction model	91625
(WARM).	91626

(g) Demand-side management and any energy efficiency	91627
improvement;	91628

(h) Methane gas emitted from an operating or abandoned coal	91629
mine.	91630

(35) "Renewable energy resource" means solar photovoltaic or	91631
solar thermal energy, wind energy, power produced by a	91632
hydroelectric facility, geothermal energy, fuel derived from	91633
solid wastes, as defined in section 3734.01 of the Revised Code,	91634
through fractionation, biological decomposition, or other	91635
process that does not principally involve combustion, biomass	91636
energy, biologically derived methane gas, or energy derived	91637
from nontreated by-products of the pulping process or wood	91638
manufacturing process, including bark, wood chips, sawdust,	91639
and lignin in spent pulping liquors. "Renewable energy	91640
resource" includes, but is not limited to, any fuel cell used	91641
in the generation of electricity, including, but not limited	91642
to, a proton exchange membrane fuel cell, phosphoric acid fuel	91643
cell, molten carbonate fuel cell, or solid oxide fuel cell; wind	91644
turbine located in the state's territorial waters of Lake Erie;	91645
storage facility that will promote the better utilization of a	91646
renewable energy resource that primarily generates off peak; or	91647
distributed generation system used by a customer to generate	91648
electricity from any such energy. As used in division (A)(35)	91649
of this section, "hydroelectric facility" means a hydroelectric	91650
generating facility that is located at a dam on a river, or on	91651
any water discharged to a river, that is within or bordering this	91652
state or within or bordering an adjoining state and meets all of	91653
the following standards:	91654

(a) The facility provides for river flows that are not	91655
detrimental for fish, wildlife, and water quality, including	91656
seasonal flow fluctuations as defined by the applicable licensing	91657
agency for the facility.	91658

(b) The facility demonstrates that it complies with the	91659
water quality standards of this state, which compliance may	91660
consist of certification under Section 401 of the "Clean Water	91661
Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and	91662
demonstrates that it has not contributed to a finding by this	91663
state that the river has impaired water quality under Section	91664
303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33	91665
U.S.C. 1313.	91666

(c) The facility complies with mandatory prescriptions	91667
regarding fish passage as required by the federal energy	91668
regulatory commission license issued for the project, regarding	91669
fish protection for riverine, anadromous, and catadromus fish.	91670

(d) The facility complies with the recommendations of the	91671
Ohio environmental protection agency and with the terms of its	91672
federal energy regulatory commission license regarding watershed	91673
protection, mitigation, or enhancement, to the extent of each	91674
agency's respective jurisdiction over the facility.	91675

(e) The facility complies with provisions of the "Endangered	91676
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as	91677
amended.	91678

(f) The facility does not harm cultural resources of the	91679
area. This can be shown through compliance with the terms of its	91680
federal energy regulatory commission license or, if the facility	91681
is not regulated by that commission, through development of a plan	91682
approved by the Ohio historic preservation office, to the extent	91683
it has jurisdiction over the facility.	91684

(g) The facility complies with the terms of its federal	91685
energy regulatory commission license or exemption that are related	91686
to recreational access, accommodation, and facilities or, if the	91687
facility is not regulated by that commission, the facility	91688
complies with similar requirements as are recommended by	91689
resource agencies, to the extent they have jurisdiction over the	91690
facility; and the facility provides access to water to the	91691
public without fee or charge.	91692

(h) The facility is not recommended for removal by any	91693
federal agency or agency of any state, to the extent the	91694
particular agency has jurisdiction over the facility.	91695

(B) For the purposes of this chapter, a retail electric	91696
service component shall be deemed a competitive retail electric	91697
service if the service component is competitive pursuant to a	91698
declaration by a provision of the Revised Code or pursuant to an	91699
order of the public utilities commission authorized under division	91700
(A) of section 4928.04 of the Revised Code. Otherwise, the	91701
service component shall be deemed a noncompetitive retail electric	91702
service.	91703

Sec. 5101.073. There is hereby created in the state treasury	91704
the ODJFS general services administration and operating fund. The	91705
director of job and family services may submit a deposit	91706
modification and payment detail report to the treasurer of state	91707
after the completion of the reconciliation of all final	91708
transactions with the federal government regarding a federal grant	91709
for a program the department of job and family services	91710
administers and a final closeout for the grant. On receipt of the	91711
report, the treasurer of state shall transfer the money in the	91712
refunds and audit settlements fund that is the subject of the	91713
report to the ODJFS general services administration and operating	91714
fund. Money in the ODJFS general services administration and	91715
operating fund shall be used to pay for the expenses of the	91716
programs the department administers and the department's	91717
administrative expenses, including the costs of state hearings	91718
under section 5101.35 of the Revised Code, required audit	91719
adjustments, and other related expenses.	91720

Sec. 5101.11. This section does not apply to contracts	91721
entered into under section 5111.90 or 5111.91 of the Revised Code.	91722

(A) As used in this section:

91723

(1) "Entity" includes an agency, board, commission, or	91724
department of the state or a political subdivision of the state; a	91725
private, nonprofit entity; a school district; a private school; or	91726
a public or private institution of higher education.	91727

(2) "Federal financial participation" means the federal	91728
government's share of expenditures made by an entity in	91729
implementing a program administered by the department of job and	91730
family services.	91731

(B) At the request of any public entity having authority to	91732
implement a program administered by the department of job and	91733
family services or any private entity under contract with a public	91734
entity to implement a program administered by the department, the	91735
department may seek to obtain federal financial participation for	91736
costs incurred by the entity. Federal financial participation may	91737
be sought from programs operated pursuant to Title IV-A, Title	91738
IV-E, and Title XIX of the "Social Security Act," 49 Stat. 620	91739
(1935), 42 U.S.C. 301, as amended; the "Food ~~Stamp~~and Nutrition	91740
Act of ~~1964," 78 Stat. 703,~~2008 (7 U.S.C. 2011~~, as amended~~et	91741
seq.); and any other statute or regulation under which federal	91742
financial participation may be available, except that federal	91743
financial participation may be sought only for expenditures made	91744
with funds for which federal financial participation is available	91745
under federal law.	91746

(C) All funds collected by the department of job and family	91747
services pursuant to division (B) of this section shall be	91748
distributed to the entities that incurred the costs, except for	91749
any amounts retained by the department pursuant to division (D)(3)	91750
of this section.	91751

(D) In distributing federal financial participation pursuant	91752
to this section, the department may either enter into an agreement	91753
with the entity that is to receive the funds or distribute the	91754
funds in accordance with rules adopted under division (F) of this	91755
section. If the department decides to enter into an agreement to	91756
distribute the funds, the agreement may include terms that do any	91757
of the following:	91758

(1) Provide for the whole or partial reimbursement of any	91759
cost incurred by the entity in implementing the program;	91760

(2) In the event that federal financial participation is	91761
disallowed or otherwise unavailable for any expenditure, require	91762
the department of job and family services or the entity, whichever	91763
party caused the disallowance or unavailability of federal	91764
financial participation, to assume responsibility for the	91765
expenditures;	91766

(3) Permit the department to retain not more than five per	91767
cent of the amount of the federal financial participation to be	91768
distributed to the entity;	91769

(4) Require the public entity to certify the availability of	91770
sufficient unencumbered funds to match the federal financial	91771
participation it receives under this section;	91772

(5) Establish the length of the agreement, which may be for a	91773
fixed or a continuing period of time;	91774

(6) Establish any other requirements determined by the	91775
department to be necessary for the efficient administration of the	91776
agreement.	91777

(E) An entity that receives federal financial participation	91778
pursuant to this section for a program aiding children and their	91779
families shall establish a process for collaborative planning with	91780
the department of job and family services for the use of the funds	91781
to improve and expand the program.	91782

(F) The director of job and family services shall adopt rules	91783
as necessary to implement this section, including rules for the	91784
distribution of federal financial participation pursuant to this	91785
section. The rules shall be adopted in accordance with Chapter	91786
119. of the Revised Code. The director may adopt or amend any	91787
statewide plan required by the federal government for a program	91788
administered by the department, as necessary to implement this	91789
section.	91790

(G) Federal financial participation received pursuant to this	91791
section shall not be included in any calculation made under	91792
section 5101.16 or 5101.161 of the Revised Code.	91793

Sec. 5101.16. (A) As used in this section and sections	91794
5101.161 and 5101.162 of the Revised Code:	91795

(1) "Disability financial assistance" means the financial	91796
assistance program established under Chapter 5115. of the Revised	91797
Code.	91798

(2) "Disability medical assistance" means the medical	91799
assistance program established under Chapter 5115. of the Revised	91800
Code.	91801

(3) ~~"Food stamps~~Supplemental nutrition assistance program"	91802
means the program administered by the department of job and family	91803
services pursuant to section 5101.54 of the Revised Code.	91804

(4) "Medicaid" means the medical assistance program	91805
established by Chapter 5111. of the Revised Code, excluding	91806
transportation services provided under that chapter.	91807

(5) "Ohio works first" means the program established by	91808
Chapter 5107. of the Revised Code.	91809

(6) "Prevention, retention, and contingency" means the	91810
program established by Chapter 5108. of the Revised Code.	91811

(7) "Public assistance expenditures" means expenditures for	91812
all of the following:	91813

(a) Ohio works first;

91814

(b) County administration of Ohio works first;

91815

91816

(d) County administration of prevention, retention, and	91817
contingency;	91818

(e) Disability financial assistance;

91819

(f) Disability medical assistance;

91820

(g) County administration of disability financial	91821
assistance;	91822

(h) County administration of disability medical assistance;

91823

(i) County administration of ~~food stamps~~the supplemental	91824
nutrition assistance program;	91825

(j) County administration of medicaid.

91826

(8) "Title IV-A program" has the same meaning as in section	91827
5101.80 of the Revised Code.	91828

(B) Each board of county commissioners shall pay the county	91829
share of public assistance expenditures in accordance with section	91830
5101.161 of the Revised Code. Except as provided in division (C)	91831
of this section, a county's share of public assistance	91832
expenditures is the sum of all of the following for state fiscal	91833
year 1998 and each state fiscal year thereafter:	91834

(1) The amount that is twenty-five per cent of the county's	91835
total expenditures for disability financial assistance and	91836
disability medical assistance and county administration of those	91837
programs during the state fiscal year ending in the previous	91838
calendar year that the department of job and family services	91839
determines are allowable.	91840

(2) The amount that is ten per cent, or other percentage	91841
determined under division (D) of this section, of the county's	91842
total expenditures for county administration of ~~food stamps~~the	91843
supplemental nutrition assistance program and medicaid during the	91844
state fiscal year ending in the previous calendar year that the	91845
department determines are allowable, less the amount of federal	91846
reimbursement credited to the county under division (E) of this	91847
section for the state fiscal year ending in the previous calendar	91848
year;	91849

(3) A percentage of the actual amount of the county share of	91850
program and administrative expenditures during federal fiscal year	91851
1994 for assistance and services, other than child care, provided	91852
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	91853
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	91854
enactment of the "Personal Responsibility and Work Opportunity	91855
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	91856
and family services shall determine the actual amount of the	91857
county share from expenditure reports submitted to the United	91858
States department of health and human services. The percentage	91859
shall be the percentage established in rules adopted under	91860
division (F) of this section.	91861

(C)(1) If a county's share of public assistance expenditures	91862
determined under division (B) of this section for a state fiscal	91863
year exceeds one hundred ten per cent of the county's share for	91864
those expenditures for the immediately preceding state fiscal	91865
year, the department of job and family services shall reduce the	91866
county's share for expenditures under divisions (B)(1) and (2) of	91867
this section so that the total of the county's share for	91868
expenditures under division (B) of this section equals one hundred	91869
ten per cent of the county's share of those expenditures for the	91870
immediately preceding state fiscal year.	91871

(2) A county's share of public assistance expenditures	91872
determined under division (B) of this section may be increased	91873
pursuant to section 5101.163 of the Revised Code and a sanction	91874
under section 5101.24 of the Revised Code. An increase made	91875
pursuant to section 5101.163 of the Revised Code may cause the	91876
county's share to exceed the limit established by division (C)(1)	91877
of this section.	91878

(D)(1) If the per capita tax duplicate of a county is less	91879
than the per capita tax duplicate of the state as a whole and	91880
division (D)(2) of this section does not apply to the county, the	91881
percentage to be used for the purpose of division (B)(2) of this	91882
section is the product of ten multiplied by a fraction of which	91883
the numerator is the per capita tax duplicate of the county and	91884
the denominator is the per capita tax duplicate of the state as a	91885
whole. The department of job and family services shall compute the	91886
per capita tax duplicate for the state and for each county by	91887
dividing the tax duplicate for the most recent available year by	91888
the current estimate of population prepared by the department of	91889
development.	91890

(2) If the percentage of families in a county with an annual	91891
income of less than three thousand dollars is greater than the	91892
percentage of such families in the state and division (D)(1) of	91893
this section does not apply to the county, the percentage to be	91894
used for the purpose of division (B)(2) of this section is the	91895
product of ten multiplied by a fraction of which the numerator is	91896
the percentage of families in the state with an annual income of	91897
less than three thousand dollars a year and the denominator is the	91898
percentage of such families in the county. The department of job	91899
and family services shall compute the percentage of families with	91900
an annual income of less than three thousand dollars for the state	91901
and for each county by multiplying the most recent estimate of	91902
such families published by the department of development, by a	91903
fraction, the numerator of which is the estimate of average annual	91904
personal income published by the bureau of economic analysis of	91905
the United States department of commerce for the year on which the	91906
census estimate is based and the denominator of which is the most	91907
recent such estimate published by the bureau.	91908

(3) If the per capita tax duplicate of a county is less than	91909
the per capita tax duplicate of the state as a whole and the	91910
percentage of families in the county with an annual income of less	91911
than three thousand dollars is greater than the percentage of such	91912
families in the state, the percentage to be used for the purpose	91913
of division (B)(2) of this section shall be determined as follows:	91914

(a) Multiply ten by the fraction determined under division	91915
(D)(1) of this section;	91916

(b) Multiply the product determined under division (D)(3)(a)	91917
of this section by the fraction determined under division (D)(2)	91918
of this section.	91919

(4) The department of job and family services shall	91920
determine, for each county, the percentage to be used for the	91921
purpose of division (B)(2) of this section not later than the	91922
first day of July of the year preceding the state fiscal year for	91923
which the percentage is used.	91924

(E) The department of job and family services shall credit to	91925
a county the amount of federal reimbursement the department	91926
receives from the United States departments of agriculture and	91927
health and human services for the county's expenditures for	91928
administration of ~~food stamps~~the supplemental nutrition	91929
assistance program and medicaid that the department determines are	91930
allowable administrative expenditures.	91931

(F)(1) The director of job and family services shall adopt	91932
rules in accordance with section 111.15 of the Revised Code to	91933
establish all of the following:	91934

(a) The method the department is to use to change a county's	91935
share of public assistance expenditures determined under division	91936
(B) of this section as provided in division (C) of this section;	91937

(b) The allocation methodology and formula the department	91938
will use to determine the amount of funds to credit to a county	91939
under this section;	91940

(c) The method the department will use to change the payment	91941
of the county share of public assistance expenditures from a	91942
calendar-year basis to a state fiscal year basis;	91943

(d) The percentage to be used for the purpose of division	91944
(B)(3) of this section, which shall, except as provided in section	91945
5101.163 of the Revised Code, meet both of the following	91946
requirements:	91947

(i) The percentage shall not be less than seventy-five per	91948
cent nor more than eighty-two per cent;	91949

(ii) The percentage shall not exceed the percentage that the	91950
state's qualified state expenditures is of the state's historic	91951
state expenditures as those terms are defined in 42 U.S.C.	91952
609(a)(7).	91953

(e) Other procedures and requirements necessary to implement	91954
this section.	91955

(2) The director of job and family services may amend the	91956
rule adopted under division (F)(1)(d) of this section to modify	91957
the percentage on determination that the amount the general	91958
assembly appropriates for Title IV-A programs makes the	91959
modification necessary. The rule shall be adopted and amended as	91960
if an internal management rule and in consultation with the	91961
director of budget and management.	91962

Sec. 5101.162. Subject to available federal funds and	91963
appropriations made by the general assembly, the department of job	91964
and family services may, at its sole discretion, use available	91965
federal funds to reimburse county expenditures for county	91966
administration of ~~food stamps~~the supplemental nutrition	91967
assistance program or medicaid even though the county	91968
expenditures meet or exceed the maximum allowable reimbursement	91969
amount established by rules adopted under section 5101.161 of the	91970
Revised Code. The director may adopt internal management rules in	91971
accordance with section 111.15 of the Revised Code to implement	91972
this section.	91973

Sec. 5101.26. As used in this section and in sections	91974
5101.27 to 5101.30 of the Revised Code:	91975

(A) "County agency" means a county department of job and	91976
family services or a public children services agency.	91977

(B) "Fugitive felon" means an individual who is fleeing to	91978
avoid prosecution, or custody or confinement after conviction,	91979
under the laws of the place from which the individual is fleeing,	91980
for a crime or an attempt to commit a crime that is a felony under	91981
the laws of the place from which the individual is fleeing or, in	91982
the case of New Jersey, a high misdemeanor, regardless of whether	91983
the individual has departed from the individual's usual place of	91984
residence.	91985

(C) "Information" means records as defined in section 149.011	91986
of the Revised Code, any other documents in any format, and data	91987
derived from records and documents that are generated, acquired,	91988
or maintained by the department of job and family services, a	91989
county agency, or an entity performing duties on behalf of the	91990
department or a county agency.	91991

(D) "Law enforcement agency" means the state highway patrol,	91992
an agency that employs peace officers as defined in section 109.71	91993
of the Revised Code, the adult parole authority, a county	91994
department of probation, a prosecuting attorney, the attorney	91995
general, similar agencies of other states, federal law enforcement	91996
agencies, and postal inspectors. "Law enforcement agency" includes	91997
the peace officers and other law enforcement officers employed by	91998
the agency.	91999

(E) "Medical assistance provided under a public assistance	92000
program" means medical assistance provided under the programs	92001
established under sections 5101.49, 5101.50 ~~to 5101.503~~, 5101.51	92002
~~to 5101.5110~~, 5101.52 ~~to 5101.529~~, and 5101.5211 to 5101.5216,	92003
Chapters 5111. and 5115., or any other provision of the Revised	92004
Code.	92005

(F) "Public assistance" means financial assistance, medical	92006
assistance, or social services provided under a program	92007
administered by the department of job and family services or a	92008
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	92009
5108., 5111., or 5115. of the Revised Code or an executive order	92010
issued under section 107.17 of the Revised Code.	92011

(G) "Public assistance recipient" means an applicant for or	92012
recipient or former recipient of public assistance.	92013

Sec. 5101.33. (A) As used in this section, "benefits" means	92014
any of the following:	92015

(1) Cash assistance paid under Chapter 5107. or 5115. of the	92016
Revised Code;	92017

(2) ~~Food stamp~~Supplemental nutrition assistance program	92018
benefits provided under section 5101.54 of the Revised Code;	92019

(3) Any other program administered by the department of job	92020
and family services under which assistance is provided or service	92021
rendered;	92022

(4) Any other program, service, or assistance administered by	92023
a person or government entity that the department determines may	92024
be delivered through the medium of electronic benefit transfer.	92025

(B) The department of job and family services may make any	92026
payment or delivery of benefits to eligible individuals through	92027
the medium of electronic benefit transfer by doing all of the	92028
following:	92029

(1) Contracting with an agent to supply debit cards to the	92030
department of job and family services for use by such individuals	92031
in accessing their benefits and to credit such cards	92032
electronically with the amounts specified by the director of job	92033
and family services pursuant to law;	92034

(2) Informing such individuals about the use of the	92035
electronic benefit transfer system and furnishing them with debit	92036
cards and information that will enable them to access their	92037
benefits through the system;	92038

(3) Arranging with specific financial institutions or	92039
vendors, county departments of job and family services, or persons	92040
or government entities for individuals to have their cards	92041
credited electronically with the proper amounts at their	92042
facilities;	92043

(4) Periodically preparing vouchers for the payment of such	92044
benefits by electronic benefit transfer;	92045

(5) Satisfying any applicable requirements of federal and	92046
state law.	92047

(C) The department may enter into a written agreement with	92048
any person or government entity to provide benefits administered	92049
by that person or entity through the medium of electronic benefit	92050
transfer. A written agreement may require the person or government	92051
entity to pay to the department either or both of the following:	92052

(1) A charge that reimburses the department for all costs the	92053
department incurs in having the benefits administered by the	92054
person or entity provided through the electronic benefit transfer	92055
system;	92056

(2) A fee for having the benefits provided through the	92057
electronic benefit transfer system.	92058

(D) The department may designate which counties will	92059
participate in the medium of electronic benefit transfer, specify	92060
the date a designated county will begin participation, and specify	92061
which benefits will be provided through the medium of electronic	92062
benefit transfer in a designated county.	92063

(E) The department may adopt rules in accordance with Chapter	92064
119. of the Revised Code for the efficient administration of this	92065
section.	92066

Sec. 5101.34. (A) There is hereby created in the department	92067
of job and family services the Ohio commission on fatherhood. The	92068
commission shall consist of the following members:	92069

(1)(a) Four members of the house of representatives appointed	92070
by the speaker of the house, not more than two of whom are members	92071
of the same political party. Two of the members must be from	92072
legislative districts that include a county or part of a county	92073
that is among the one-third of counties in this state with the	92074
highest number per capita of households headed by females.	92075

(b) Two members of the senate appointed by the president of	92076
the senate, each from a different political party. One of the	92077
members must be from a legislative district that includes a county	92078
or part of a county that is among the one-third of counties in	92079
this state with the highest number per capita of households headed	92080
by females.	92081

(2) The governor, or the governor's designee;

92082

(3) One representative of the judicial branch of government	92083
appointed by the chief justice of the supreme court;	92084

(4) The directors of health, job and family services,	92085
rehabilitation and correction, alcohol and drug addiction	92086
services, and youth services and the superintendent of public	92087
instruction, or their designees;	92088

(5) One representative of the Ohio family and children first	92089
cabinet council created under section 121.37 of the Revised Code	92090
appointed by the chairperson of the council;	92091

(6) Five representatives of the general public appointed by	92092
the governor. These members shall have extensive experience in	92093
issues related to fatherhood.	92094

(B) The appointing authorities of the Ohio commission on	92095
fatherhood shall make initial appointments to the commission	92096
within thirty days after ~~the effective date of this section~~	92097
September29, 1999. Of the initial appointments to the commission	92098
made pursuant to divisions (A)(3), (5), and (6) of this section,	92099
three of the members shall serve a term of one year and four shall	92100
serve a term of two years. Members so appointed subsequently shall	92101
serve two-year terms. A member appointed pursuant to division	92102
(A)(1) of this section shall serve on the commission until the end	92103
of the general assembly from which the member was appointed or	92104
until the member ceases to serve in the chamber of the general	92105
assembly in which the member serves at the time of appointment,	92106
whichever occurs first. The governor or the governor's designee	92107
shall serve on the commission until the governor ceases to be	92108
governor. The directors and superintendent or their designees	92109
shall serve on the commission until they cease, or the director or	92110
superintendent a designee represents ceases, to be director or	92111
superintendent. Each member shall serve on the commission from the	92112
date of appointment until the end of the term for which the member	92113
was appointed. Members may be reappointed.	92114

Vacancies shall be filled in the manner provided for original	92115
appointments. Any member appointed to fill a vacancy occurring	92116
prior to the expiration date of the term for which the member's	92117
predecessor was appointed shall serve on the commission for the	92118
remainder of that term. A member shall continue to serve on the	92119
commission subsequent to the expiration date of the member's term	92120
until the member's successor is appointed or until a period of	92121
sixty days has elapsed, whichever occurs first. Members shall	92122
serve without compensation but shall be reimbursed for necessary	92123
expenses.	92124

Sec. 5101.47. (A) Except as provided in division (B) of	92125
this section, the director of job and family services may accept	92126
applications, determine eligibility, redetermine eligibility, and	92127
perform related administrative activities for one or more of the	92128
following:	92129

(1) The medicaid program established by Chapter 5111. of the	92130
Revised Code;	92131

(2) The children's health insurance program parts I, II, and	92132
III provided for under sections 5101.50, 5101.51, and 5101.52 of	92133
the Revised Code;	92134

(3) Publicly funded child care provided under Chapter 5104.	92135
of the Revised Code;	92136

(4) The ~~food stamp~~supplemental nutrition assistance program	92137
administered by the department of job and family services	92138
pursuant to section 5101.54 of the Revised Code;	92139

(5) Other programs the director determines are supportive of	92140
children, adults, or families;	92141

(6) Other programs regarding which the director determines	92142
administrative cost savings and efficiency may be achieved through	92143
the department accepting applications, determining eligibility,	92144
redetermining eligibility, or performing related administrative	92145
activities.	92146

(B) If federal law requires a face-to-face interview to	92147
complete an eligibility determination for a program specified in	92148
or pursuant to division (A) of this section, the face-to-face	92149
interview shall not be conducted by the department of job and	92150
family services.	92151

(C) Subject to division (B) of this section, if the director	92152
elects to accept applications, determine eligibility, redetermine	92153
eligibility, and perform related administrative activities for a	92154
program specified in or pursuant to division (A) of this section,	92155
both of the following apply:	92156

(1) An individual seeking services under the program may	92157
apply for the program to the director or to the entity that state	92158
law governing the program authorizes to accept applications for	92159
the program.	92160

(2) The director is subject to federal statutes and	92161
regulations and state statutes and rules that require, permit, or	92162
prohibit an action regarding accepting applications, determining	92163
or redetermining eligibility, and performing related	92164
administrative activities for the program.	92165

(D) The director may adopt rules as necessary to implement	92166
this section.	92167

Sec. 5101.50. (A) As used in sections 5101.50 to ~~5101.529~~	92168
5101.5210 of the Revised Code:	92169

(1) "Children's health insurance program" means the program	92170
authorized by Title XXI of the "Social Security Act," 111 Stat.	92171
552 (1997), 42 U.S.C.A. 1397aa.	92172

(2) "Federal poverty guidelines" has the same meaning as in	92173
section 5101.46 of the Revised Code.	92174

(B) The director of job and family services may continue to	92175
operate the children's health insurance program initially	92176
authorized by an executive order issued under section 107.17 of	92177
the Revised Code as long as federal financial participation is	92178
available for the program. If operated, the program shall provide	92179
health assistance to uninsured individuals under nineteen years of	92180
age with family incomes not exceeding one hundred fifty per cent	92181
of the federal poverty guidelines. In accordance with 42 U.S.C.A.	92182
1397aa, the director may provide for the health assistance to meet	92183
the requirements of 42 U.S.C.A. 1397cc, to be provided under the	92184
medicaid program established under Chapter 5111. of the Revised	92185
Code, or to be a combination of both.	92186

Sec. 5101.504. (A) A school-based health center, as defined	92187
in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services	92188
that the children's health insurance program part I covers if the	92189
center meets the requirements applicable to other providers	92190
providing those services.	92191

(B) The director may adopt rules under section 5101.502 of	92192
the Revised Code pertaining to the billing, reimbursement, and	92193
data collection for health-based health centers.	92194

Sec. 5101.5110. (A) A school-based health center, as defined	92195
in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services	92196
that the children's health insurance program part II covers if the	92197
center meets the requirements applicable to other providers	92198
providing those services.	92199

(B) The director may adopt rules under section 5101.512 of	92200
the Revised Code pertaining to the billing, reimbursement, and	92201
data collection for health-based health centers.	92202

~~Sec. 5101.5110.~~ Sec. 5101.5111. (A) The director of job and family	92203
services may submit a waiver request to the United States	92204
secretary of health and human services to provide health	92205
assistance to any individual who meets all of the following	92206
requirements:	92207

(1) Is the parent of a child under nineteen years of age who	92208
resides with the parent and is eligible for health assistance	92209
under the children's health insurance program part I or II or the	92210
medicaid program established under Chapter 5111. of the Revised	92211
Code;	92212

(2) Is uninsured;

92213

(3) Has a family income that does not exceed one hundred per	92214
cent of the federal poverty guidelines.	92215

(B) A waiver request the director submits under division (A)	92216
of this section may seek federal funds allotted to the state under	92217
Title XXI of the "Social Security Act," 111 Stat. 558 (1997), 42	92218
U.S.C.A. 1397dd, as amended, that are not otherwise used to fund	92219
the children's health insurance program parts I and II.	92220

(C) If a waiver request the director submits under division	92221
(A) of this section is granted, the director may adopt rules in	92222
accordance with Chapter 119. of the Revised Code as necessary for	92223
the efficient administration of the program authorization by the	92224
waiver.	92225

Sec. 5101.5210. (A) A school-based health center, as defined	92226
in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services	92227
that the children's health insurance program part III covers if	92228
the center meets the requirements applicable to other providers	92229
providing those services.	92230

(B) The director may adopt rules under section 5101.522 of	92231
the Revised Code pertaining to the billing, reimbursement, and	92232
data collection for health-based health centers.	92233

Sec. 5101.5212. (A) Under the children's buy-in program	92234
and subject to section 5101.5213 of the Revised Code, an	92235
individual who does both of the following in accordance with	92236
rules adopted under section 5101.5215 of the Revised Code	92237
qualifies for medical assistance under the program, unless the	92238
director of job and family services has adopted rules under	92239
division (B) of section 5101.5215 of the Revised Code to limit	92240
the number of individuals who may participate in the program at	92241
one time and the program is serving the maximum number of	92242
individuals specified in the rules:	92243

~~(A)~~(1) Applies for the children's buy-in program;

92244

~~(B)~~(2) Provides satisfactory evidence of all of the	92245
following:	92246

~~(1)~~(a) That the individual is under nineteen years of age;

92247

~~(2)~~(b) That the individual's countable family income exceeds	92248
~~two~~three hundred ~~fifty~~ per cent of the federal poverty	92249
guidelines;	92250

~~(3) That~~(c) Except as provided in division (B) of this	92251
section, that the individual has not had creditable coverage for	92252
at least ~~six~~three months before enrolling in the children's	92253
buy-in program~~, unless the individual lost the only creditable~~	92254
~~coverage available to the individual because the individual~~	92255
~~exhausted a lifetime benefit limitation;~~	92256

~~(4) That one or more of the following apply to the~~	92257
~~individual:~~	92258

~~(a) The individual is unable to obtain creditable coverage~~	92259
~~due to a pre-existing condition of the individual;~~	92260

~~(b) The individual lost the only creditable coverage~~	92261
~~available to the individual because the individual has exhausted~~	92262
~~a lifetime benefit limitation;~~	92263

~~(c) The premium for the only creditable coverage available to~~	92264
~~the individual is greater than two hundred per cent of the premium~~	92265
~~applicable to the individual under the children's buy-in program;~~	92266

~~(d) The individual participates in the program for medically~~	92267
~~handicapped children~~.	92268

~~(5)~~(d) That the individual meets the additional eligibility	92269
requirements for the children's buy-in program established in	92270
rules adopted under section 5101.5215 of the Revised Code.	92271

(B) Division (A)(2)(c) of this section does not apply to an	92272
individual who meets both of the following requirements:	92273

(1) At least one of the following applies to the individual:

92274

(a) The individual's parents are involuntarily unemployed.

92275

(b) At least one of the individual's parents is unable to	92276
find work due to a disabling condition.	92277

(c) At least one of the individual's parents involuntarily	92278
lost creditable coverage for the individual.	92279

(d) The individual has creditable coverage under COBRA	92280
continuation coverage as defined in 42 U.S.C. 1396a(u)(3).	92281

(2) At least one of the following applies to the individual:

92282

(a) The cost of the least expensive creditable coverage	92283
available to the individual is greater than ten per cent of the	92284
individual's countable family income.	92285

(b) The premium for the creditable coverage with the lowest	92286
premium available to the individual is greater than one hundred	92287
fifty per cent of the premium applicable to the individual under	92288
the children's buy-in program.	92289

(c) The individual is unable to obtain creditable coverage	92290
due to a pre-existing condition of the individual.	92291

(d) The individual lost the only creditable coverage	92292
available to the individual because the individual has exhausted a	92293
lifetime benefit limitation.	92294

(e) The individual participates in the program for medically	92295
handicapped children.	92296

Sec. 5101.54. (A) The director of job and family services	92297
shall administer the ~~food stamp~~supplemental nutrition assistance	92298
program in accordance with the "Food ~~Stamp~~and Nutrition Act of	92299
~~1977," 91 Stat. 958,~~2008 (7 U.S.C.A. 2011~~, as amended~~et seq).	92300
The department may:	92301

(1) Prepare and submit to the secretary of the United States	92302
department of agriculture a plan for the administration of the	92303
~~food stamp~~supplemental nutrition assistance program;	92304

(2) Prescribe forms for applications, certificates, reports,	92305
records, and accounts of county departments of job and family	92306
services, and other matters;	92307

(3) Require such reports and information from each county	92308
department of job and family services as may be necessary and	92309
advisable;	92310

(4) Administer and expend any sums appropriated by the	92311
general assembly for the purposes of ~~this section~~the supplemental	92312
nutrition assistance program and all sums paid to the state by the	92313
United States as authorized by the Food ~~Stamp~~and Nutrition Act of	92314
~~1977~~2008;	92315

(5) Conduct such investigations as are necessary;

92316

(6) Enter into interagency agreements and cooperate with	92317
investigations conducted by the department of public safety,	92318
including providing information for investigative purposes,	92319
exchanging property and records, passing through federal financial	92320
participation, modifying any agreements with the United States	92321
department of agriculture, providing for the supply, security, and	92322
accounting of ~~food stamp~~supplemental nutrition assistance program	92323
benefits for investigative purposes, and meeting any other	92324
requirements necessary for the detection and deterrence of illegal	92325
activities in the ~~state food stamp~~supplemental nutrition	92326
assistance program;	92327

(7) Adopt rules in accordance with Chapter 119. of the	92328
Revised Code governing employment and training requirements of	92329
recipients of ~~food stamp~~supplemental nutrition assistance program	92330
benefits, including rules specifying which recipients are subject	92331
to the requirements and establishing sanctions for failure to	92332
satisfy the requirements. The rules shall be consistent with 7	92333
U.S.C.A. 2015 and, to the extent practicable, may provide for ~~food~~	92334
~~stamp benefit~~the recipients to participate in work activities,	92335
developmental activities, and alternative work activities	92336
established under sections 5107.40 to 5107.69 of the Revised Code	92337
that are comparable to programs authorized by 7 U.S.C.A.	92338
2015(d)(4). The rules may reference rules adopted under section	92339
5107.05 of the Revised Code governing work activities,	92340
developmental activities, and alternative work activities	92341
established under sections 5107.40 to 5107.69 of the Revised Code.	92342

(8) Adopt rules in accordance with section 111.15 of the	92343
Revised Code that are consistent with the Food ~~Stamp~~and Nutrition	92344
Act of ~~1977~~2008, as amended, and regulations adopted thereunder	92345
governing the following:	92346

(a) Eligibility requirements for the ~~food stamp~~supplemental	92347
nutrition assistance program;	92348

(b) Sanctions for failure to comply with eligibility	92349
requirements;	92350

(c) Allotment of ~~food stamp~~supplemental nutrition assistance	92351
program benefits;	92352

(d) To the extent permitted under federal statutes and	92353
regulations, a system under which some or all recipients of ~~food~~	92354
~~stamp~~supplemental nutrition assistance program benefits subject	92355
to employment and training requirements established by rules	92356
adopted under division (A)(7) of this section receive ~~food stamp~~	92357
the benefits after satisfying the requirements;	92358

(e) Administration of the program by county departments of	92359
job and family services;	92360

(f) Other requirements necessary for the efficient	92361
administration of the program.	92362

(9) Submit a plan to the United States secretary of	92363
agriculture for the department of job and family services to	92364
operate a simplified ~~food stamp~~supplemental nutrition assistance	92365
program pursuant to 7 U.S.C.A. 2035 under which requirements	92366
governing the Ohio works first program established under Chapter	92367
5107. of the Revised Code also govern the ~~food stamp~~supplemental	92368
nutrition assistance program in the case of households receiving	92369
~~food stamp~~supplemental nutrition assistance program benefits and	92370
participating in Ohio works first.	92371

(B) ~~Except while in the custody of the United States postal~~	92372
~~service, food stamps and any document necessary to obtain food~~	92373
~~stamps are the property of the department of job and family~~	92374
~~services from the time they are received in accordance with~~	92375
~~federal regulations by the department from the federal agency~~	92376
~~responsible for such delivery until they are received by a~~	92377
~~household entitled to receive them or by the authorized~~	92378
~~representative of the household.~~	92379

~~(C)~~ A household that is entitled to receive ~~food stamps under~~	92380
~~the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as~~	92381
~~amended,~~supplemental nutrition assistance program benefits and	92382
that is determined to be in immediate need of ~~food~~nutrition	92383
assistance, shall receive certification of eligibility for program	92384
benefits, pending verification, within twenty-four hours, or, if	92385
mitigating circumstances occur, within seventy-two hours, after	92386
application, if:	92387

(1) The results of the application interview indicate that	92388
the household will be eligible upon full verification;	92389

(2) Information sufficient to confirm the statements in the	92390
application has been obtained from at least one additional source,	92391
not a member of the applicant's household. Such information shall	92392
be recorded in the case file, and shall include:	92393

(a) The name of the person who provided the name of the	92394
information source;	92395

(b) The name and address of the information source;

92396

92397

The period of temporary eligibility shall not exceed one	92398
month from the date of certification of temporary eligibility. If	92399
eligibility is established by full verification, benefits shall	92400
continue without interruption as long as eligibility continues.	92401

At the time of application, the county department of job and	92402
family services shall provide to a household described in this	92403
division a list of community assistance programs that provide	92404
emergency food.	92405

~~(D)~~(C) All applications shall be approved or denied through	92406
full verification within thirty days from receipt of the	92407
application by the county department of job and family services.	92408

~~(E)~~(D) Nothing in this section shall be construed to prohibit	92409
the certification of households that qualify under federal	92410
regulations to receive ~~food stamps~~supplemental nutrition	92411
assistance program benefits without charge under the "Food ~~Stamp~~	92412
and Nutrition Act of ~~1977," 91 Stat. 958, 7 U.S.C.A. 2011, as~~	92413
~~amended~~2008.	92414

~~(F)~~(E) Any person who applies for ~~food stamps under this~~	92415
~~section~~the supplemental nutrition assistance program shall	92416
receive a voter registration application under section 3503.10 of	92417
the Revised Code.	92418

Sec. 5101.541. The ~~food stamp~~supplemental nutrition	92419
assistance program fund is hereby created in the state treasury.	92420
The fund shall consist of federal reimbursement for ~~food stamp~~	92421
supplemental nutrition assistance program administrative expenses	92422
and other ~~food stamp~~supplemental nutrition assistance program	92423
expenses. The department of job and family services shall use the	92424
money credited to the fund to pay for ~~food stamp~~supplemental	92425
nutrition assistance program administrative expenses and other	92426
~~food stamp~~supplemental nutrition assistance program expenses.	92427

Sec. 5101.542. Immediately following a county department of	92428
job and family services' certification that a household determined	92429
under division (B) of section 5101.54 of the Revised Code to be in	92430
immediate need of nutrition assistance is eligible for the	92431
supplemental nutrition assistance program, the department of job	92432
and family services shall provide for the household to be sent by	92433
regular United States mail an electronic benefit transfer card	92434
containing the amount of benefits the household is eligible to	92435
receive under the program. The card shall be sent to the member	92436
of the household in whose name application for the supplemental	92437
nutrition assistance program was made or that member's authorized	92438
representative.	92439

Sec. 5101.544. If the benefits of a household are reduced	92440
under a federal, state, or local means-tested public assistance	92441
program for failure of a member of the household to perform an	92442
action required under the program, the household may not receive,	92443
for the duration of the reduction, an increased allotment of ~~food~~	92444
~~stamp~~supplemental nutrition assistance program benefits as the	92445
result of a decrease in the income of the household to the extent	92446
that the decrease is the result of the reduction.	92447

The department of job and family services shall adopt rules	92448
in accordance with Chapter 119. of the Revised Code to implement	92449
this section. The rules shall be consistent with 7 U.S.C.A.	92450
2017(d) and federal regulations.	92451

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	92452
the Revised Code:	92453

(A) "Information" means all of the following:

92454

(1) An individual's name, address, date of birth, and social	92455
security number;	92456

(2) The group or plan number, or other identifier, assigned	92457
by a third party to a policy held by an individual or a plan in	92458
which the individual participates and the nature of the coverage;	92459

(3) Any other data the director of job and family services	92460
specifies in rules adopted under section 5101.591 of the Revised	92461
Code.	92462

(B) "Medical assistance" means medical items or services	92463
provided under any of the following:	92464

(1) Medicaid, as defined in section 5111.01 of the Revised	92465
Code;	92466

(2) The children's health insurance program part I, part II,	92467
and part III established under sections 5101.50 ~~to 5101.529~~,	92468
5101.51, and 5101.52 of the Revised Code;	92469

(3) The disability medical assistance program established	92470
under Chapter 5115. of the Revised Code;	92471

(4) The children's buy-in program established under sections	92472
5101.5211 to 5101.5216 of the Revised Code.	92473

(C) "Medical support" means support specified as support for	92474
the purpose of medical care by order of a court or administrative	92475
agency.	92476

(D) "Public assistance" means medical assistance or	92477
assistance under the Ohio works first program established under	92478
Chapter 5107. of the Revised Code.	92479

(E)(1) Subject to division (E)(2) of this section, and except	92480
as provided in division (E)(3) of this section, "third party"	92481
means all of the following:	92482

(a) A person authorized to engage in the business of sickness	92483
and accident insurance under Title XXXIX of the Revised Code;	92484

(b) A person or governmental entity providing coverage for	92485
medical services or items to individuals on a self-insurance	92486
basis;	92487

(c) A health insuring corporation as defined in section	92488
1751.01 of the Revised Code;	92489

(d) A group health plan as defined in 29 U.S.C. 1167;

92490

(e) A service benefit plan as referenced in 42 U.S.C.	92491
1396a(a)(25);	92492

(f) A managed care organization;

92493

(g) A pharmacy benefit manager;

92494

(h) A third party administrator;

92495

(i) Any other person or governmental entity that is, by law,	92496
contract, or agreement, responsible for the payment or processing	92497
of a claim for a medical item or service for a public assistance	92498
recipient or participant.	92499

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	92500
person or governmental entity listed in division (E)(1) of this	92501
section is a third party even if the person or governmental entity	92502
limits or excludes payments for a medical item or service in the	92503
case of a public assistance recipient.	92504

(3) "Third party" does not include the program for medically	92505
handicapped children established under section 3701.023 of the	92506
Revised Code.	92507

Sec. 5101.573. (A) Subject to divisions (B) and (C) of this	92508
section, a third party shall do all of the following:	92509

(1) Accept the department of job and family services' right	92510
of recovery under section 5101.58 of the Revised Code and the	92511
assignment of rights to the department that are described in	92512
section 5101.59 of the Revised Code.;	92513

(2) Respond to an inquiry by the department regarding a claim	92514
for payment of a medical item or service that was submitted to the	92515
third party not later than three years after the date of the	92516
provision of such medical item or service;	92517

(3) Pay a claim described in division (A)(2) of this section;

92518

(4) Not deny a claim submitted by the department solely on	92519
the basis of the date of submission of the claim, type or format	92520
of the claim form, or a failure by the medical assistance	92521
recipient who is the subject of the claim to present proper	92522
documentation of coverage at the time of service, if both of the	92523
following are true:	92524

(a) The claim was submitted by the department not later than	92525
three years after the date of the provision of the medical item or	92526
service;.	92527

(b) An action by the department to enforce its right of	92528
recovery under section 5101.58 of the Revised Code on the claim	92529
was commenced not later than six years after the department's	92530
submission of the claim.	92531

(5) Consider the department's payment of a claim for a	92532
medical item or service to be the equivalent of the medical	92533
assistance recipient having obtained prior authorization for the	92534
item or service from the third party;	92535

(6) Not deny a claim described in division (A)(5) of this	92536
section that is submitted by the department solely on the basis of	92537
the medical assistance recipient's failure to obtain prior	92538
authorization for the medical item or service.	92539

(B) For purposes of the requirements in division (A) of this	92540
section, a third party shall treat a managed care organization as	92541
the department for a claim in which both of the following are	92542
true:	92543

(1) The individual who is the subject of the claim received a	92544
medical item or service through a managed care organization that	92545
has entered into a contract with the department of job and family	92546
services under section ~~5111.16~~5111.17 of the Revised Code;	92547

(2) The department has assigned its right of recovery for the	92548
claim to the managed care organization.	92549

(C) The time limitations associated with the requirements in	92550
divisions (A)(2) and (A)(4) of this section apply only to	92551
submissions of claims to, and payments of claims by, a health	92552
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.	92553

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	92554
Revised Code:	92555

(A) "Abuse" means the infliction upon an adult by self or	92556
others of injury, unreasonable confinement, intimidation, or cruel	92557
punishment with resulting physical harm, pain, or mental anguish.	92558

(B) "Adult" means any person sixty years of age or older	92559
within this state who is handicapped by the infirmities of aging	92560
or who has a physical or mental impairment which prevents the	92561
person from providing for the person's own care or protection, and	92562
who resides in an independent living arrangement. An "independent	92563
living arrangement" is a domicile of a person's own choosing,	92564
including, but not limited to, a private home, apartment, trailer,	92565
or rooming house. ~~Except as otherwise provided in this division,~~	92566
An "independent living arrangement" includes ~~a community~~	92567
~~alternative home~~an adult care facility licensed pursuant to	92568
~~section 3724.03~~Chapter 3722. of the Revised Code, but does not	92569
include other institutions or facilities licensed by the state, or	92570
facilities in which a person resides as a result of voluntary,	92571
civil, or criminal commitment. ~~"Independent living arrangement"~~	92572
~~does include adult care facilities licensed pursuant to Chapter~~	92573
~~3722. of the Revised Code.~~	92574

(C) "Caretaker" means the person assuming the responsibility	92575
for the care of an adult on a voluntary basis, by contract,	92576
through receipt of payment for care, as a result of a family	92577
relationship, or by order of a court of competent jurisdiction.	92578

(D) "Court" means the probate court in the county where an	92579
adult resides.	92580

(E) "Emergency" means that the adult is living in conditions	92581
which present a substantial risk of immediate and irreparable	92582
physical harm or death to self or any other person.	92583

(F) "Emergency services" means protective services furnished	92584
to an adult in an emergency.	92585

(G) "Exploitation" means the unlawful or improper act of a	92586
caretaker using an adult or an adult's resources for monetary or	92587
personal benefit, profit, or gain.	92588

(H) "In need of protective services" means an adult known or	92589
suspected to be suffering from abuse, neglect, or exploitation to	92590
an extent that either life is endangered or physical harm, mental	92591
anguish, or mental illness results or is likely to result.	92592

(I) "Incapacitated person" means a person who is impaired for	92593
any reason to the extent that the person lacks sufficient	92594
understanding or capacity to make and carry out reasonable	92595
decisions concerning the person's self or resources, with or	92596
without the assistance of a caretaker. Refusal to consent to the	92597
provision of services shall not be the sole determinative that the	92598
person is incapacitated. "Reasonable decisions" are decisions made	92599
in daily living which facilitate the provision of food, shelter,	92600
clothing, and health care necessary for life support.	92601

(J) "Mental illness" means a substantial disorder of thought,	92602
mood, perception, orientation, or memory that grossly impairs	92603
judgment, behavior, capacity to recognize reality, or ability to	92604
meet the ordinary demands of life.	92605

(K) "Neglect" means the failure of an adult to provide for	92606
self the goods or services necessary to avoid physical harm,	92607
mental anguish, or mental illness or the failure of a caretaker to	92608
provide such goods or services.	92609

(L) "Peace officer" means a peace officer as defined in	92610
section 2935.01 of the Revised Code.	92611

(M) "Physical harm" means bodily pain, injury, impairment, or	92612
disease suffered by an adult.	92613

(N) "Protective services" means services provided by the	92614
county department of job and family services or its designated	92615
agency to an adult who has been determined by evaluation to	92616
require such services for the prevention, correction, or	92617
discontinuance of an act of as well as conditions resulting from	92618
abuse, neglect, or exploitation. Protective services may include,	92619
but are not limited to, case work services, medical care, mental	92620
health services, legal services, fiscal management, home health	92621
care, homemaker services, housing-related services, guardianship	92622
services, and placement services as well as the provision of such	92623
commodities as food, clothing, and shelter.	92624

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	92625
and Friday, except when such day is a holiday as defined in	92626
section 1.14 of the Revised Code.	92627

Sec. 5101.61. (A) As used in this section:

92628

(1) "Senior service provider" means any person who provides	92629
care or services to a person who is an adult as defined in	92630
division (B) of section 5101.60 of the Revised Code.	92631

(2) "Ambulatory health facility" means a nonprofit, public or	92632
proprietary freestanding organization or a unit of such an agency	92633
or organization that:	92634

(a) Provides preventive, diagnostic, therapeutic,	92635
rehabilitative, or palliative items or services furnished to an	92636
outpatient or ambulatory patient, by or under the direction of a	92637
physician or dentist in a facility which is not a part of a	92638
hospital, but which is organized and operated to provide medical	92639
care to outpatients;	92640

(b) Has health and medical care policies which are developed	92641
with the advice of, and with the provision of review of such	92642
policies, an advisory committee of professional personnel,	92643
including one or more physicians, one or more dentists, if dental	92644
care is provided, and one or more registered nurses;	92645

(c) Has a medical director, a dental director, if dental care	92646
is provided, and a nursing director responsible for the execution	92647
of such policies, and has physicians, dentists, nursing, and	92648
ancillary staff appropriate to the scope of services provided;	92649

(d) Requires that the health care and medical care of every	92650
patient be under the supervision of a physician, provides for	92651
medical care in a case of emergency, has in effect a written	92652
agreement with one or more hospitals and other centers or clinics,	92653
and has an established patient referral system to other resources,	92654
and a utilization review plan and program;	92655

(e) Maintains clinical records on all patients;

92656

(f) Provides nursing services and other therapeutic services	92657
in accordance with programs and policies, with such services	92658
supervised by a registered professional nurse, and has a	92659
registered professional nurse on duty at all times of clinical	92660
operations;	92661

(g) Provides approved methods and procedures for the	92662
dispensing and administration of drugs and biologicals;	92663

(h) Has established an accounting and record keeping system	92664
to determine reasonable and allowable costs;	92665

(i) "Ambulatory health facilities" also includes an	92666
alcoholism treatment facility approved by the joint commission on	92667
accreditation of healthcare organizations as an alcoholism	92668
treatment facility or certified by the department of alcohol and	92669
drug addiction services, and such facility shall comply with other	92670
provisions of this division not inconsistent with such	92671
accreditation or certification.	92672

(3) "Community mental health facility" means a facility which	92673
provides community mental health services and is included in the	92674
comprehensive mental health plan for the alcohol, drug addiction,	92675
and mental health service district in which it is located.	92676

(4) "Community mental health service" means services, other	92677
than inpatient services, provided by a community mental health	92678
facility.	92679

(5) "Home health agency" means an institution or a distinct	92680
part of an institution operated in this state which:	92681

(a) Is primarily engaged in providing home health services;

92682

(b) Has home health policies which are established by a group	92683
of professional personnel, including one or more duly licensed	92684
doctors of medicine or osteopathy and one or more registered	92685
professional nurses, to govern the home health services it	92686
provides and which includes a requirement that every patient must	92687
be under the care of a duly licensed doctor of medicine or	92688
osteopathy;	92689

(c) Is under the supervision of a duly licensed doctor of	92690
medicine or doctor of osteopathy or a registered professional	92691
nurse who is responsible for the execution of such home health	92692
policies;	92693

(d) Maintains comprehensive records on all patients;

92694

(e) Is operated by the state, a political subdivision, or an	92695
agency of either, or is operated not for profit in this state and	92696
is licensed or registered, if required, pursuant to law by the	92697
appropriate department of the state, county, or municipality in	92698
which it furnishes services; or is operated for profit in this	92699
state, meets all the requirements specified in divisions (A)(5)(a)	92700
to (d) of this section, and is certified under Title XVIII of the	92701
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	92702
amended.	92703

(6) "Home health service" means the following items and	92704
services, provided, except as provided in division (A)(6)(g) of	92705
this section, on a visiting basis in a place of residence used as	92706
the patient's home:	92707

(a) Nursing care provided by or under the supervision of a	92708
registered professional nurse;	92709

(b) Physical, occupational, or speech therapy ordered by the	92710
patient's attending physician;	92711

(c) Medical social services performed by or under the	92712
supervision of a qualified medical or psychiatric social worker	92713
and under the direction of the patient's attending physician;	92714

(d) Personal health care of the patient performed by aides in	92715
accordance with the orders of a doctor of medicine or osteopathy	92716
and under the supervision of a registered professional nurse;	92717

(e) Medical supplies and the use of medical appliances;

92718

(f) Medical services of interns and residents-in-training	92719
under an approved teaching program of a nonprofit hospital and	92720
under the direction and supervision of the patient's attending	92721
physician;	92722

(g) Any of the foregoing items and services which:

92723

(i) Are provided on an outpatient basis under arrangements	92724
made by the home health agency at a hospital or skilled nursing	92725
facility;	92726

(ii) Involve the use of equipment of such a nature that the	92727
items and services cannot readily be made available to the patient	92728
in the patient's place of residence, or which are furnished at the	92729
hospital or skilled nursing facility while the patient is there to	92730
receive any item or service involving the use of such equipment.	92731

Any attorney, physician, osteopath, podiatrist, chiropractor,	92732
dentist, psychologist, any employee of a hospital as defined in	92733
section 3701.01 of the Revised Code, any nurse licensed under	92734
Chapter 4723. of the Revised Code, any employee of an ambulatory	92735
health facility, any employee of a home health agency, any	92736
employee of an adult care facility as defined in section 3722.01	92737
of the Revised Code, ~~any employee of a community alternative home~~	92738
~~as defined in section 3724.01 of the Revised Code,~~ any employee of	92739
a nursing home, residential care facility, or home for the aging,	92740
as defined in section 3721.01 of the Revised Code, any senior	92741
service provider, any peace officer, coroner, clergyman, any	92742
employee of a community mental health facility, and any person	92743
engaged in social work or counseling having reasonable cause to	92744
believe that an adult is being abused, neglected, or exploited, or	92745
is in a condition which is the result of abuse, neglect, or	92746
exploitation shall immediately report such belief to the county	92747
department of job and family services. This section does not apply	92748
to employees of any hospital or public hospital as defined in	92749
section 5122.01 of the Revised Code.	92750

(B) Any person having reasonable cause to believe that an	92751
adult has suffered abuse, neglect, or exploitation may report, or	92752
cause reports to be made of such belief to the department.	92753

(C) The reports made under this section shall be made orally	92754
or in writing except that oral reports shall be followed by a	92755
written report if a written report is requested by the department.	92756
Written reports shall include:	92757

(1) The name, address, and approximate age of the adult who	92758
is the subject of the report;	92759

(2) The name and address of the individual responsible for	92760
the adult's care, if any individual is, and if the individual is	92761
known;	92762

(3) The nature and extent of the alleged abuse, neglect, or	92763
exploitation of the adult;	92764

(4) The basis of the reporter's belief that the adult has	92765
been abused, neglected, or exploited.	92766

(D) Any person with reasonable cause to believe that an adult	92767
is suffering abuse, neglect, or exploitation who makes a report	92768
pursuant to this section or who testifies in any administrative or	92769
judicial proceeding arising from such a report, or any employee of	92770
the state or any of its subdivisions who is discharging	92771
responsibilities under section 5101.62 of the Revised Code shall	92772
be immune from civil or criminal liability on account of such	92773
investigation, report, or testimony, except liability for perjury,	92774
unless the person has acted in bad faith or with malicious	92775
purpose.	92776

(E) No employer or any other person with the authority to do	92777
so shall discharge, demote, transfer, prepare a negative work	92778
performance evaluation, or reduce benefits, pay, or work	92779
privileges, or take any other action detrimental to an employee or	92780
in any way retaliate against an employee as a result of the	92781
employee's having filed a report under this section.	92782

(F) Neither the written or oral report provided for in this	92783
section nor the investigatory report provided for in section	92784
5101.62 of the Revised Code shall be considered a public record as	92785
defined in section 149.43 of the Revised Code. Information	92786
contained in the report shall upon request be made available to	92787
the adult who is the subject of the report, to agencies authorized	92788
by the department to receive information contained in the report,	92789
and to legal counsel for the adult.	92790

Sec. 5101.83. (A) As used in this section:

92791

(1) "Assistance group" has the same meaning as in section	92792
5107.02 of the Revised Code~~, except that it also means a group~~	92793
~~provided benefits and services under the prevention, retention,~~	92794
~~and contingency program~~.	92795

(2) "Fraudulent assistance" means ~~assistance and service,~~	92796
~~including~~ cash assistance, provided under the Ohio works first	92797
program established under Chapter 5107.~~, or benefits and services~~	92798
~~provided under the prevention, retention, and contingency program~~	92799
~~established under Chapter 5108.~~ of the Revised Code, to or on	92800
behalf of an assistance group that is provided as a result of	92801
fraud by a member of the assistance group, including an	92802
intentional violation of the program's requirements. "Fraudulent	92803
assistance" does not include cash assistance ~~or services~~ to or on	92804
behalf of an assistance group that is provided as a result of an	92805
error that is the fault of a county department of job and family	92806
services or the state department of job and family services.	92807

(B) If a county director of job and family services	92808
determines that an assistance group has received fraudulent	92809
assistance, the assistance group is ineligible to participate in	92810
the Ohio works first program ~~or the prevention, retention, and~~	92811
~~contingency program~~ until a member of the assistance group repays	92812
the cost of the fraudulent assistance. If a member repays the cost	92813
of the fraudulent assistance and the assistance group otherwise	92814
meets the eligibility requirements for the Ohio works first	92815
program ~~or the prevention, retention, and contingency program~~, the	92816
assistance group shall not be denied the opportunity to	92817
participate in the program.	92818

This section does not limit the ability of a county	92819
department of job and family services to recover erroneous	92820
payments under section 5107.76 of the Revised Code.	92821

The state department of job and family services shall adopt	92822
rules in accordance with Chapter 119. of the Revised Code to	92823
implement this section.	92824

Sec. 5101.84. An individual otherwise ineligible for aid	92825
under ~~Chapter 5107. or 5108.~~a Title IV-A program, as defined in	92826
section 5101.80 of the Revised Code, or ~~food stamps~~supplemental	92827
nutrition assistance program benefits under the "Food ~~Stamp~~and	92828
Nutrition Act of ~~1977," 78 Stat. 703,~~2008 (7 U.S.C. 2011~~, as~~	92829
~~amended,~~et seq.) because of paragraph (a) of ~~section 115 of the~~	92830
~~"Personal Responsibility and Work Opportunity Reconciliation Act~~	92831
~~of 1996," 110 Stat. 2105,~~ 21 U.S.C. 862a, is eligible for the aid	92832
or benefits if the individual meets all other eligibility	92833
requirements for the aid or benefits.	92834

Sec. 5104.01. As used in this chapter:

92835

(A) "Administrator" means the person responsible for the	92836
daily operation of a center or type A home. The administrator and	92837
the owner may be the same person.	92838

(B) "Approved child day camp" means a child day camp approved	92839
pursuant to section 5104.22 of the Revised Code.	92840

(C) "Authorized provider" means a person authorized by a	92841
county director of job and family services to operate a certified	92842
type B family day-care home.	92843

(D) "Border state child care provider" means a child care	92844
provider that is located in a state bordering Ohio and that is	92845
licensed, certified, or otherwise approved by that state to	92846
provide child care.	92847

(E) "Caretaker parent" means the father or mother of a child	92848
whose presence in the home is needed as the caretaker of the	92849
child, a person who has legal custody of a child and whose	92850
presence in the home is needed as the caretaker of the child, a	92851
guardian of a child whose presence in the home is needed as the	92852
caretaker of the child, and any other person who stands in loco	92853
parentis with respect to the child and whose presence in the home	92854
is needed as the caretaker of the child.	92855

(F) "Certified type B family day-care home" and "certified	92856
type B home" mean a type B family day-care home that is certified	92857
by the director of the county department of job and family	92858
services pursuant to section 5104.11 of the Revised Code to	92859
receive public funds for providing child care pursuant to this	92860
chapter and any rules adopted under it.	92861

(G) "Chartered nonpublic school" means a school that meets	92862
standards for nonpublic schools prescribed by the state board of	92863
education for nonpublic schools pursuant to section 3301.07 of the	92864
Revised Code.	92865

(H) "Child" includes an infant, toddler, preschool child, or	92866
school child.	92867

(I) "Child care block grant act" means the "Child Care and	92868
Development Block Grant Act of 1990," established in section 5082	92869
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	92870
1388-236 (1990), 42 U.S.C. 9858, as amended.	92871

(J) "Child day camp" means a program in which only school	92872
children attend or participate, that operates for no more than	92873
seven hours per day, that operates only during one or more public	92874
school district's regular vacation periods or for no more than	92875
fifteen weeks during the summer, and that operates outdoor	92876
activities for each child who attends or participates in the	92877
program for a minimum of fifty per cent of each day that children	92878
attend or participate in the program, except for any day when	92879
hazardous weather conditions prevent the program from operating	92880
outdoor activities for a minimum of fifty per cent of that day.	92881
For purposes of this division, the maximum seven hours of	92882
operation time does not include transportation time from a child's	92883
home to a child day camp and from a child day camp to a child's	92884
home.	92885

(K) "Child care" means administering to the needs of infants,	92886
toddlers, preschool children, and school children outside of	92887
school hours by persons other than their parents or guardians,	92888
custodians, or relatives by blood, marriage, or adoption for any	92889
part of the twenty-four-hour day in a place or residence other	92890
than a child's own home.	92891

(L) "Child day-care center" and "center" mean any place in	92892
which child care or publicly funded child care is provided for	92893
thirteen or more children at one time or any place that is not the	92894
permanent residence of the licensee or administrator in which	92895
child care or publicly funded child care is provided for seven to	92896
twelve children at one time. In counting children for the	92897
purposes of this division, any children under six years of age who	92898
are related to a licensee, administrator, or employee and who are	92899
on the premises of the center shall be counted. "Child day-care	92900
center" and "center" do not include any of the following:	92901

(1) A place located in and operated by a hospital, as defined	92902
in section 3727.01 of the Revised Code, in which the needs of	92903
children are administered to, if all the children whose needs are	92904
being administered to are monitored under the on-site supervision	92905
of a physician licensed under Chapter 4731. of the Revised Code or	92906
a registered nurse licensed under Chapter 4723. of the Revised	92907
Code, and the services are provided only for children who, in the	92908
opinion of the child's parent, guardian, or custodian, are	92909
exhibiting symptoms of a communicable disease or other illness or	92910
are injured;	92911

(2) A child day camp;

92912

(3) A place that provides child care, but not publicly funded	92913
child care, if all of the following apply:	92914

(a) An organized religious body provides the child care;

92915

(b) A parent, custodian, or guardian of at least one child	92916
receiving child care is on the premises and readily accessible at	92917
all times;	92918

(c) The child care is not provided for more than thirty days	92919
a year;	92920

(d) The child care is provided only for preschool and school	92921
children.	92922

(M) "Child care resource and referral service organization"	92923
means a community-based nonprofit organization that provides child	92924
care resource and referral services but not child care.	92925

(N) "Child care resource and referral services" means all of	92926
the following services:	92927

(1) Maintenance of a uniform data base of all child care	92928
providers in the community that are in compliance with this	92929
chapter, including current occupancy and vacancy data;	92930

(2) Provision of individualized consumer education to	92931
families seeking child care;	92932

(3) Provision of timely referrals of available child care	92933
providers to families seeking child care;	92934

(4) Recruitment of child care providers;

92935

(5) Assistance in the development, conduct, and dissemination	92936
of training for child care providers and provision of technical	92937
assistance to current and potential child care providers,	92938
employers, and the community;	92939

(6) Collection and analysis of data on the supply of and	92940
demand for child care in the community;	92941

(7) Technical assistance concerning locally, state, and	92942
federally funded child care and early childhood education	92943
programs;	92944

(8) Stimulation of employer involvement in making child care	92945
more affordable, more available, safer, and of higher quality for	92946
their employees and for the community;	92947

(9) Provision of written educational materials to caretaker	92948
parents and informational resources to child care providers;	92949

(10) Coordination of services among child care resource and	92950
referral service organizations to assist in developing and	92951
maintaining a statewide system of child care resource and referral	92952
services if required by the department of job and family services;	92953

(11) Cooperation with the county department of job and family	92954
services in encouraging the establishment of parent cooperative	92955
child care centers and parent cooperative type A family day-care	92956
homes.	92957

(O) "Child-care staff member" means an employee of a child	92958
day-care center or type A family day-care home who is primarily	92959
responsible for the care and supervision of children. The	92960
administrator may be a part-time child-care staff member when not	92961
involved in other duties.	92962

(P) "Drop-in child day-care center," "drop-in center,"	92963
"drop-in type A family day-care home," and "drop-in type A home"	92964
mean a center or type A home that provides child care or publicly	92965
funded child care for children on a temporary, irregular basis.	92966

(Q) "Employee" means a person who either:

92967

(1) Receives compensation for duties performed in a child	92968
day-care center or type A family day-care home;	92969

(2) Is assigned specific working hours or duties in a child	92970
day-care center or type A family day-care home.	92971

(R) "Employer" means a person, firm, institution,	92972
organization, or agency that operates a child day-care center or	92973
type A family day-care home subject to licensure under this	92974
chapter.	92975

(S) "Federal poverty line" means the official poverty	92976
guideline as revised annually in accordance with section 673(2) of	92977
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	92978
U.S.C. 9902, as amended, for a family size equal to the size of	92979
the family of the person whose income is being determined.	92980

(T) "Full-time week" means at least thirty-two and one-half	92981
hours and not more than sixty hours of care in a week for	92982
licensed child care centers and licensed type A homes and at	92983
least thirty-two and one-half hours and not more than fifty hours	92984
of care in a week for certified type B providers.	92985

(U) "Head start program" means a comprehensive child	92986
development program that receives funds distributed under the	92987
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	92988
amended, and is licensed as a child day-care center.	92989

~~(U)~~(V) "Income" means gross income, as defined in section	92990
5107.10 of the Revised Code, less any amounts required by federal	92991
statutes or regulations to be disregarded.	92992

~~(V)~~(W) "Indicator checklist" means an inspection tool, used	92993
in conjunction with an instrument-based program monitoring	92994
information system, that contains selected licensing requirements	92995
that are statistically reliable indicators or predictors of a	92996
child day-care center or type A family day-care home's compliance	92997
with licensing requirements.	92998

~~(W)~~(X) "Infant" means a child who is less than eighteen	92999
months of age.	93000

~~(X)~~(Y) "In-home aide" means a person who does not reside with	93001
the child but provides care in the child's home and is certified	93002
by a county director of job and family services pursuant to	93003
section 5104.12 of the Revised Code to provide publicly funded	93004
child care to a child in a child's own home pursuant to this	93005
chapter and any rules adopted under it.	93006

~~(Y)~~(Z) "Instrument-based program monitoring information	93007
system" means a method to assess compliance with licensing	93008
requirements for child day-care centers and type A family day-care	93009
homes in which each licensing requirement is assigned a weight	93010
indicative of the relative importance of the requirement to the	93011
health, growth, and safety of the children that is used to develop	93012
an indicator checklist.	93013

~~(Z)~~(AA) "License capacity" means the maximum number in each	93014
age category of children who may be cared for in a child day-care	93015
center or type A family day-care home at one time as determined by	93016
the director of job and family services considering building	93017
occupancy limits established by the department of commerce, number	93018
of available child-care staff members, amount of available indoor	93019
floor space and outdoor play space, and amount of available play	93020
equipment, materials, and supplies.	93021

~~(AA)~~(BB) "Licensed preschool program" or "licensed school	93022
child program" means a preschool program or school child program,	93023
as defined in section 3301.52 of the Revised Code, that is	93024
licensed by the department of education pursuant to sections	93025
3301.52 to 3301.59 of the Revised Code.	93026

~~(BB)~~(CC) "Licensee" means the owner of a child day-care	93027
center or type A family day-care home that is licensed pursuant to	93028
this chapter and who is responsible for ensuring its compliance	93029
with this chapter and rules adopted pursuant to this chapter.	93030

~~(CC)~~(DD) "Operate a child day camp" means to operate,	93031
establish, manage, conduct, or maintain a child day camp.	93032

~~(DD)~~(EE) "Owner" includes a person, as defined in section	93033
1.59 of the Revised Code, or government entity.	93034

~~(EE)~~(FF) "Parent cooperative child day-care center," "parent	93035
cooperative center," "parent cooperative type A family day-care	93036
home," and "parent cooperative type A home" mean a corporation or	93037
association organized for providing educational services to the	93038
children of members of the corporation or association, without	93039
gain to the corporation or association as an entity, in which the	93040
services of the corporation or association are provided only to	93041
children of the members of the corporation or association,	93042
ownership and control of the corporation or association rests	93043
solely with the members of the corporation or association, and at	93044
least one parent-member of the corporation or association is on	93045
the premises of the center or type A home during its hours of	93046
operation.	93047

~~(FF)~~(GG) "Part-time child day-care center," "part-time	93048
center," "part-time type A family day-care home," and "part-time	93049
type A home" mean a center or type A home that provides child care	93050
or publicly funded child care for no more than four hours a day	93051
for any child.	93052

~~(GG)~~(HH) "Place of worship" means a building where activities	93053
of an organized religious group are conducted and includes the	93054
grounds and any other buildings on the grounds used for such	93055
activities.	93056

~~(HH)~~(II) "Preschool child" means a child who is three years	93057
old or older but is not a school child.	93058

~~(II)~~(JJ) "Protective child care" means publicly funded child	93059
care for the direct care and protection of a child to whom either	93060
of the following applies:	93061

(1) A case plan prepared and maintained for the child	93062
pursuant to section 2151.412 of the Revised Code indicates a need	93063
for protective care and the child resides with a parent,	93064
stepparent, guardian, or another person who stands in loco	93065
parentis as defined in rules adopted under section 5104.38 of the	93066
Revised Code;	93067

(2) The child and the child's caretaker either temporarily	93068
reside in a facility providing emergency shelter for homeless	93069
families or are determined by the county department of job and	93070
family services to be homeless, and are otherwise ineligible for	93071
publicly funded child care.	93072

~~(JJ)~~(KK) "Publicly funded child care" means administering to	93073
the needs of infants, toddlers, preschool children, and school	93074
children under age thirteen during any part of the	93075
twenty-four-hour day by persons other than their caretaker parents	93076
for remuneration wholly or in part with federal or state funds,	93077
including funds available under the child care block grant act,	93078
Title IV-A, and Title XX, distributed by the department of job and	93079
family services.	93080

~~(KK)~~(LL) "Religious activities" means any of the following:	93081
worship or other religious services; religious instruction; Sunday	93082
school classes or other religious classes conducted during or	93083
prior to worship or other religious services; youth or adult	93084
fellowship activities; choir or other musical group practices or	93085
programs; meals; festivals; or meetings conducted by an organized	93086
religious group.	93087

~~(LL)~~(MM) "School child" means a child who is enrolled in or	93088
is eligible to be enrolled in a grade of kindergarten or above but	93089
is less than fifteen years old.	93090

~~(MM)~~(NN) "School child day-care center," "school child	93091
center," "school child type A family day-care home," and "school	93092
child type A family home" mean a center or type A home that	93093
provides child care for school children only and that does either	93094
or both of the following:	93095

(1) Operates only during that part of the day that	93096
immediately precedes or follows the public school day of the	93097
school district in which the center or type A home is located;	93098

(2) Operates only when the public schools in the school	93099
district in which the center or type A home is located are not	93100
open for instruction with pupils in attendance.	93101

~~(NN)~~(OO) "State median income" means the state median income	93102
calculated by the department of development pursuant to division	93103
(A)(1)(g) of section 5709.61 of the Revised Code.	93104

~~(OO)~~(PP) "Title IV-A" means Title IV-A of the "Social	93105
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	93106

~~(PP)~~(QQ) "Title XX" means Title XX of the "Social Security	93107
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	93108

~~(QQ)~~(RR) "Toddler" means a child who is at least eighteen	93109
months of age but less than three years of age.	93110

~~(RR)~~(SS) "Type A family day-care home" and "type A home" mean	93111
a permanent residence of the administrator in which child care or	93112
publicly funded child care is provided for seven to twelve	93113
children at one time or a permanent residence of the administrator	93114
in which child care is provided for four to twelve children at one	93115
time if four or more children at one time are under two years of	93116
age. In counting children for the purposes of this division, any	93117
children under six years of age who are related to a licensee,	93118
administrator, or employee and who are on the premises of the type	93119
A home shall be counted. "Type A family day-care home" and "type A	93120
home" do not include any child day camp.	93121

~~(SS)~~(TT) "Type B family day-care home" and "type B home" mean	93122
a permanent residence of the provider in which child care is	93123
provided for one to six children at one time and in which no more	93124
than three children are under two years of age at one time. In	93125
counting children for the purposes of this division, any children	93126
under six years of age who are related to the provider and who are	93127
on the premises of the type B home shall be counted. "Type B	93128
family day-care home" and "type B home" do not include any child	93129
day camp.	93130

Sec. 5104.041. (A) All type A and type B family day-care	93131
homes shall procure and maintain one of the following:	93132

(1) Liability insurance issued by an insurer authorized to do	93133
business in this state under Chapter 3905. of the Revised Code	93134
insuring the type A or type B family day-care home against	93135
liability arising out of, or in connection with, the operation of	93136
the family day-care home. Liability insurance procured under this	93137
division shall cover any cause for which the type A or type B	93138
family day-care home would be liable, in the amount of at least	93139
one hundred thousand dollars per occurrence and three hundred	93140
thousand dollars in the aggregate.	93141

(2) ~~An affidavit~~A written statement signed by the parent,	93142
guardian, or custodian of each child receiving child care from	93143
the type A or type B family day-care home that states all of the	93144
following:	93145

(a) The family day-care home does not carry liability	93146
insurance described in division (A)(1) of this section;	93147

(b) If the licensee of a type A family day-care home or the	93148
provider of a type B family day-care home is not the owner of	93149
the real property where the family day-care home is located, the	93150
liability insurance, if any, of the owner of the real property	93151
may not provide for coverage of any liability arising out of, or	93152
in connection with, the operation of the family day-care home.	93153

(B) If the licensee of a type A family day-care home or the	93154
provider of a type B family day-care home is not the owner of	93155
the real property where the family day-care home is located and	93156
the family day-care home procures liability insurance described	93157
in division (A)(1) of this section, that licensee or provider	93158
shall name the owner of the real property as an additional	93159
insured party on the liability insurance policy if all of the	93160
following apply:	93161

(1) The owner of the real property requests the licensee or	93162
provider, in writing, to add the owner of the real property to	93163
the liability insurance policy as an additional insured party.	93164

(2) The addition of the owner of the real property does not	93165
result in cancellation or nonrenewal of the insurance policy	93166
procured by the type A or type B family day-care home.	93167

(3) The owner of the real property pays any additional	93168
premium assessed for coverage of the owner of the real property.	93169

(C) Proof of insurance or ~~affidavit~~written statement	93170
required under division (A) of this section shall be maintained	93171
at the type A or type B family day-care home and made available	93172
for review during inspection or investigation as required under	93173
this chapter.	93174

(D) The director of job and family services shall adopt rules	93175
for the enforcement of this section.	93176

Sec. 5104.051. (A)(1) The department of commerce is	93177
responsible for the inspections of child day-care centers as	93178
required by division (A)(1) of section 5104.05 of the Revised	93179
Code. Where there is a municipal, township, or county building	93180
department certified under section 3781.10 of the Revised Code to	93181
exercise enforcement authority with respect to the category of	93182
building occupancy which includes day-care centers, all	93183
inspections required under division (A)(1) of section 5104.05 of	93184
the Revised Code shall be made by that department according to the	93185
standards established by the board of building standards.	93186
Inspections in areas of the state where there is no municipal,	93187
township, or county building department certified under section	93188
3781.10 of the Revised Code to exercise enforcement authority with	93189
respect to the category of building occupancy which includes	93190
day-care centers shall be made by personnel of the department of	93191
commerce. Inspections of centers shall be contingent upon payment	93192
of a fee by the applicant to the department having jurisdiction to	93193
inspect.	93194

(2) The department of commerce is responsible for the	93195
inspections of type A family day-care homes as required by	93196
division (B)(3) of section 5104.05 of the Revised Code. Where	93197
there is a municipal, township, or county building department	93198
certified under section 3781.10 of the Revised Code to exercise	93199
enforcement authority with respect to the category of building	93200
occupancy which includes type A homes, all inspections required	93201
under division (B)(3) of section 5104.05 of the Revised Code shall	93202
be made by that department according to the standards established	93203
by the board of building standards. Inspections in areas of the	93204
state where there is no municipal, township, or county building	93205
department certified under section 3781.10 of the Revised Code to	93206
exercise enforcement authority with respect to the category of	93207
building occupancy which includes type A homes shall be made by	93208
personnel of the department of commerce. Inspections of type A	93209
homes shall be contingent upon payment of a fee by the applicant	93210
to the department having jurisdiction to inspect.	93211

(B) The state fire marshal is responsible for the inspections	93212
required by divisions (A)(2) and (B)(1) of section 5104.05 of the	93213
Revised Code. In municipal corporations and in townships outside	93214
municipal corporations where there is a fire prevention official,	93215
the inspections shall be made by the fire chief or the fire	93216
prevention official under the supervision of and according to the	93217
standards established by the state fire marshal. In townships	93218
outside municipal corporations where there is no fire prevention	93219
official, inspections shall be made by the employees of the state	93220
fire marshal.	93221

(C) The state fire marshal shall enforce all statutes and	93222
rules pertaining to fire safety and fire prevention in child	93223
day-care centers and type A family day-care homes. In the event of	93224
a dispute between the state fire marshal and any other responsible	93225
officer under sections 5104.05 and 5104.051 of the Revised Code	93226
with respect to the interpretation or application of a specific	93227
fire safety statute or rule, the interpretation of the state fire	93228
marshal shall prevail.	93229

(D) As used in this division, "licensor" has the same meaning	93230
as in section 3717.01 of the Revised Code.	93231

The licensor for food service operations in the city or	93232
general health district in which the center is located is	93233
responsible for the inspections required under Chapter 3717. of	93234
the Revised Code.	93235

(E) Any moneys collected by the department of commerce under	93236
this section shall be paid into the state treasury to the credit	93237
of the ~~industrial compliance~~labor operating fund created in	93238
section 121.084 of the Revised Code.	93239

Sec. 5104.30. (A) The department of job and family services	93240
is hereby designated as the state agency responsible for	93241
administration and coordination of federal and state funding for	93242
publicly funded child care in this state. Publicly funded child	93243
care shall be provided to the following:	93244

(1) Recipients of transitional child care as provided under	93245
section 5104.34 of the Revised Code;	93246

(2) Participants in the Ohio works first program established	93247
under Chapter 5107. of the Revised Code;	93248

(3) Individuals who would be participating in the Ohio works	93249
first program if not for a sanction under section 5107.16 of the	93250
Revised Code and who continue to participate in a work activity,	93251
developmental activity, or alternative work activity pursuant to	93252
an assignment under section 5107.42 of the Revised Code;	93253

(4) A family receiving publicly funded child care on October	93254
1, 1997, until the family's income reaches one hundred fifty per	93255
cent of the federal poverty line;	93256

(5) Subject to available funds, other individuals determined	93257
eligible in accordance with rules adopted under section 5104.38 of	93258
the Revised Code.	93259

The department shall apply to the United States department of	93260
health and human services for authority to operate a coordinated	93261
program for publicly funded child care, if the director of job and	93262
family services determines that the application is necessary. For	93263
purposes of this section, the department of job and family	93264
services may enter into agreements with other state agencies that	93265
are involved in regulation or funding of child care. The	93266
department shall consider the special needs of migrant workers	93267
when it administers and coordinates publicly funded child care and	93268
shall develop appropriate procedures for accommodating the needs	93269
of migrant workers for publicly funded child care.	93270

(B) The department of job and family services shall	93271
distribute state and federal funds for publicly funded child care,	93272
including appropriations of state funds for publicly funded child	93273
care and appropriations of federal funds available under the child	93274
care block grant act, Title IV-A, and Title XX. The department may	93275
use any state funds appropriated for publicly funded child care as	93276
the state share required to match any federal funds appropriated	93277
for publicly funded child care.	93278

(C) In the use of federal funds available under the child	93279
care block grant act, all of the following apply:	93280

(1) The department may use the federal funds to hire staff to	93281
prepare any rules required under this chapter and to administer	93282
and coordinate federal and state funding for publicly funded child	93283
care.	93284

(2) Not more than five per cent of the aggregate amount of	93285
the federal funds received for a fiscal year may be expended for	93286
administrative costs.	93287

(3) The department shall allocate and use at least four per	93288
cent of the federal funds for the following:	93289

(a) Activities designed to provide comprehensive consumer	93290
education to parents and the public;	93291

(b) Activities that increase parental choice;

93292

(c) Activities, including child care resource and referral	93293
services, designed to improve the quality, and increase the	93294
supply, of child care;	93295

(d) Establishing a voluntary child day-care center	93296
quality-rating program in which participation in the program may	93297
allow a child day-care center to be eligible for grants, technical	93298
assistance, training, or other assistance and become eligible for	93299
unrestricted monetary awards for maintaining a quality rating.	93300

(4) The department shall ensure that the federal funds will	93301
be used only to supplement, and will not be used to supplant,	93302
federal, state, and local funds available on the effective date of	93303
the child care block grant act for publicly funded child care and	93304
related programs. AIf authorized by rules adopted by the	93305
department pursuant to section 5104.42 of the Revised Code, county	93306
~~department~~departments of job and family services may purchase	93307
child care from funds obtained through any other means.	93308

(D) The department shall encourage the development of	93309
suitable child care throughout the state, especially in areas with	93310
high concentrations of recipients of public assistance and	93311
families with low incomes. The department shall encourage the	93312
development of suitable child care designed to accommodate the	93313
special needs of migrant workers. On request, the department,	93314
through its employees or contracts with state or community child	93315
care resource and referral service organizations, shall provide	93316
consultation to groups and individuals interested in developing	93317
child care. The department of job and family services may enter	93318
into interagency agreements with the department of education, the	93319
board of regents, the department of development, and other state	93320
agencies and entities whenever the cooperative efforts of the	93321
other state agencies and entities are necessary for the department	93322
of job and family services to fulfill its duties and	93323
responsibilities under this chapter.	93324

The department shall develop and maintain a registry of	93325
persons providing child care. The director shall adopt rules	93326
pursuant to Chapter 119. of the Revised Code establishing	93327
procedures and requirements for the registry's administration.	93328

(E)(1) The director shall adopt rules in accordance with	93329
Chapter 119. of the Revised Code establishing both of the	93330
following:	93331

(a) Reimbursement ceilings for providers of publicly funded	93332
child care not later than the first day of July in each	93333
odd-numbered year;	93334

(b) A procedure for reimbursing and paying providers of	93335
publicly funded child care.	93336

(2) In establishing reimbursement ceilings under division	93337
(E)(1)(a) of this section, the director shall do all of the	93338
following:	93339

(a) Use the information obtained under division (B)(3) of	93340
section 5104.04 of the Revised Code;	93341

(b) Establish an enhanced reimbursement ceiling for providers	93342
who provide child care for caretaker parents who work	93343
nontraditional hours;	93344

(c) For a type B family day-care home provider that has	93345
received limited certification pursuant to rules adopted under	93346
division (G)(1) of section 5104.011 of the Revised Code, establish	93347
a reimbursement ceiling that is the following:	93348

(i) If the provider is a person described in division	93349
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	93350
per cent of the reimbursement ceiling that applies to a type B	93351
family day-care home certified by the same county department of	93352
job and family services pursuant to section 5104.11 of the Revised	93353
Code;	93354

(ii) If the provider is a person described in division	93355
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	93356
cent of the reimbursement ceiling that applies to a type B	93357
family day-care home certified by the same county department	93358
pursuant to section 5104.11 of the Revised Code.	93359

(3) In establishing reimbursement ceilings under division	93360
(E)(1)(a) of this section, the director may establish different	93361
reimbursement ceilings based on any of the following:	93362

(a) Geographic location of the provider;

93363

(b) Type of care provided;

93364

93365

(d) Special needs of the child served;

93366

(e) Whether the expanded hours of service are provided;

93367

(f) Whether weekend service is provided;

93368

(g) Whether the provider has exceeded the minimum	93369
requirements of state statutes and rules governing child care;	93370

(h) Any other factors the director considers appropriate.

93371

(F) The director shall adopt rules in accordance with Chapter	93372
119. of the Revised Code to implement the voluntary child day-care	93373
center quality-rating program described in division (C)(3)(d) of	93374
this section.	93375

Sec. 5104.32. (A) Except as provided in division (C) of this	93376
section, all purchases of publicly funded child care shall be made	93377
under a contract entered into by a licensed child day-care center,	93378
licensed type A family day-care home, certified type B family	93379
day-care home, certified in-home aide, approved child day camp,	93380
licensed preschool program, licensed school child program, or	93381
border state child care provider and the county department of job	93382
and family services. A county department of job and family	93383
services may enter into a contract with a provider for publicly	93384
funded child care for a specified period of time or upon a	93385
continuous basis for an unspecified period of time. All contracts	93386
for publicly funded child care shall be contingent upon the	93387
availability of state and federal funds. The department of job and	93388
family services shall prescribe a standard form to be used for all	93389
contracts for the purchase of publicly funded child care,	93390
regardless of the source of public funds used to purchase the	93391
child care. To the extent permitted by federal law and	93392
notwithstanding any other provision of the Revised Code that	93393
regulates state or county contracts or contracts involving the	93394
expenditure of state, county, or federal funds, all contracts for	93395
publicly funded child care shall be entered into in accordance	93396
with the provisions of this chapter and are exempt from any other	93397
provision of the Revised Code that regulates state or county	93398
contracts or contracts involving the expenditure of state, county,	93399
or federal funds.	93400

(B) Each contract for publicly funded child care shall	93401
specify at least the following:	93402

(1) That the provider of publicly funded child care agrees to	93403
be paid for rendering services at the lowest of the rate	93404
customarily charged by the provider for children enrolled for	93405
child care, the reimbursement ceiling or rate of payment	93406
established pursuant to section 5104.30 of the Revised Code, or a	93407
rate the county department negotiates with the provider;	93408

(2) That, if a provider provides child care to an individual	93409
potentially eligible for publicly funded child care who is	93410
subsequently determined to be eligible, the county department	93411
agrees to pay for all child care provided between the date the	93412
county department receives the individual's completed application	93413
and the date the individual's eligibility is determined;	93414

(3) Whether the county department of job and family services,	93415
the provider, or a child care resource and referral service	93416
organization will make eligibility determinations, whether the	93417
provider or a child care resource and referral service	93418
organization will be required to collect information to be used by	93419
the county department to make eligibility determinations, and the	93420
time period within which the provider or child care resource and	93421
referral service organization is required to complete required	93422
eligibility determinations or to transmit to the county department	93423
any information collected for the purpose of making eligibility	93424
determinations;	93425

(4) That the provider, other than a border state child care	93426
provider, shall continue to be licensed, approved, or certified	93427
pursuant to this chapter and shall comply with all standards and	93428
other requirements in this chapter and in rules adopted pursuant	93429
to this chapter for maintaining the provider's license, approval,	93430
or certification;	93431

(5) That, in the case of a border state child care provider,	93432
the provider shall continue to be licensed, certified, or	93433
otherwise approved by the state in which the provider is located	93434
and shall comply with all standards and other requirements	93435
established by that state for maintaining the provider's license,	93436
certificate, or other approval;	93437

(6) Whether the provider will be paid by the county	93438
department of job and family services or, the state department of	93439
job and family services, or in some other manner as prescribed by	93440
rules adopted under section 5104.42 of the Revised Code;	93441

(7) That the contract is subject to the availability of state	93442
and federal funds.	93443

(C) Unless specifically prohibited by federal law or by rules	93444
adopted under section 5104.42 of the Revised Code, the county	93445
department of job and family services shall give individuals	93446
eligible for publicly funded child care the option of obtaining	93447
certificates for payment that the individual may use to purchase	93448
services from any provider qualified to provide publicly funded	93449
child care under section 5104.31 of the Revised Code. Providers of	93450
publicly funded child care may present these certificates for	93451
payment for reimbursement in accordance with rules that the	93452
director of job and family services shall adopt. Only providers	93453
may receive reimbursement for certificates for payment. The value	93454
of the certificate for payment shall be based on the lowest of the	93455
rate customarily charged by the provider, the reimbursement	93456
ceiling or rate of payment established pursuant to section 5104.30	93457
of the Revised Code, or a rate the county department negotiates	93458
with the provider. The county department may provide the	93459
certificates for payment to the individuals or may contract with	93460
child care providers or child care resource and referral service	93461
organizations that make determinations of eligibility for publicly	93462
funded child care pursuant to contracts entered into under section	93463
5104.34 of the Revised Code for the providers or resource and	93464
referral service organizations to provide the certificates for	93465
payment to individuals whom they determine are eligible for	93466
publicly funded child care.	93467

For each six-month period a provider of publicly funded child	93468
care provides publicly funded child day-care to the child of an	93469
individual given certificates for payment, the individual shall	93470
provide the provider certificates for days the provider would have	93471
provided publicly funded child care to the child had the child	93472
been present. ~~County departments shall specify the maximum number~~	93473
~~of days providers will be provided certificates of payment for~~	93474
~~days the provider would have provided publicly funded child care~~	93475
~~had the child been present.~~ The maximum number of days providers	93476
shall be provided certificates shall not exceed ten days in a	93477
six-month period during which publicly funded child care is	93478
provided to the child regardless of the number of providers that	93479
provide publicly funded child care to the child during that	93480
period.	93481

Sec. 5104.341. (A) Except as provided in division (B) of	93482
this section, both of the following apply:	93483

(1) An eligibility determination made under section 5104.34	93484
of the Revised Code for publicly funded child care is valid for	93485
one year;	93486

(2) The county department of job and family services shall	93487
~~redetermine~~adjust the appropriate level of a fee charged under	93488
division (B) of section 5104.34 of the Revised Code ~~every six~~	93489
~~months during the one-year period, unless~~if a caretaker parent	93490
~~requests that the fee be reduced due to~~reports changes in income,	93491
family size, or both ~~and the county department of job and family~~	93492
~~services approves the reduction~~.	93493

(B) Division (A) of this section does not apply in either of	93494
the following circumstances:	93495

(1) The publicly funded child care is provided under division	93496
(B)(4) of section 5104.35 of the Revised Code;	93497

(2) The recipient of the publicly funded child care ceases to	93498
be eligible for publicly funded child care.	93499

Sec. 5104.35. (A) The county department of job and family	93500
services shall do all of the following:	93501

(1) Accept any gift, grant, or other funds from either public	93502
or private sources offered unconditionally or under conditions	93503
which are, in the judgment of the department, proper and	93504
consistent with this chapter and deposit the funds in the county	93505
public assistance fund established by section 5101.161 of the	93506
Revised Code;	93507

(2) Recruit individuals and groups interested in	93508
certification as in-home aides or in developing and operating	93509
suitable licensed child day-care centers, type A family day-care	93510
homes, or certified type B family day-care homes, especially in	93511
areas with high concentrations of recipients of public assistance,	93512
and for that purpose provide consultation to interested	93513
individuals and groups on request;	93514

(3) Inform clients of the availability of child care	93515
services;	93516

(4) Pay to a child day-care center, type A family day-care	93517
home, certified type B family day-care home, in-home aide,	93518
approved child day camp, licensed preschool program, licensed	93519
school child program, or border state child care provider for	93520
child care services, the amount provided for in division (B) of	93521
section 5104.32 of the Revised Code. If part of the cost of care	93522
of a child is paid by the child's parent or any other person, the	93523
amount paid shall be subtracted from the amount the ~~county~~	93524
~~department pays~~provider is paid.	93525

(5) In accordance with rules adopted pursuant to section	93526
5104.39 of the Revised Code, provide monthly reports to the	93527
director of job and family services and the director of budget and	93528
management regarding expenditures for the purchase of publicly	93529
funded child care.	93530

(B) The county department of job and family services may do	93531
any of the following:	93532

(1) To the extent permitted by federal law, use public child	93533
care funds to extend the hours of operation of the county	93534
department to accommodate the needs of working caretaker parents	93535
and enable those parents to apply for publicly funded child care;	93536

(2) In accordance with rules adopted by the director of job	93537
and family services, request a waiver of the reimbursement ceiling	93538
established pursuant to section 5104.30 of the Revised Code for	93539
the purpose of paying a higher rate for publicly funded child care	93540
based upon the special needs of a child;	93541

(3) To the extent permitted by federal law, use state and	93542
federal funds to pay deposits and other advance payments that a	93543
provider of child care customarily charges all children who	93544
receive child care from that provider;	93545

(4) To the extent permitted by federal law, pay for up to	93546
thirty days of child care for a child whose caretaker parent is	93547
seeking employment, taking part in employment orientation	93548
activities, or taking part in activities in anticipation of	93549
enrollment or attendance in an education or training program or	93550
activity, if the employment or education or training program or	93551
activity is expected to begin within the thirty-day period.	93552

Sec. 5104.38. In addition to any other rules adopted under	93553
this chapter, the director of job and family services shall adopt	93554
rules in accordance with Chapter 119. of the Revised Code	93555
governing financial and administrative requirements for publicly	93556
funded child care and establishing all of the following:	93557

(A) Procedures and criteria to be used in making	93558
determinations of eligibility for publicly funded child care that	93559
give priority to children of families with lower incomes and	93560
procedures and criteria for eligibility for publicly funded	93561
protective child care. The rules shall specify the maximum amount	93562
of income a family may have for initial and continued eligibility.	93563
The maximum amount shall not exceed two hundred per cent of the	93564
federal poverty line.	93565

(B) Procedures under which a county department of job and	93566
family services may, if the department, under division (A) of this	93567
section, specifies a maximum amount of income a family may have	93568
for eligibility for publicly funded child care that is less than	93569
the maximum amount specified in that division, specify a maximum	93570
amount of income a family residing in the county the county	93571
department serves may have for initial and continued eligibility	93572
for publicly funded child care that is higher than the amount	93573
specified by the department but does not exceed the maximum amount	93574
specified in division (A) of this section;	93575

(C) A schedule of fees requiring all eligible caretaker	93576
parents to pay a fee for publicly funded child care according to	93577
income and family size, which shall be uniform for all types of	93578
publicly funded child care, except as authorized by rule, and, to	93579
the extent permitted by federal law, shall permit the use of state	93580
and federal funds to pay the customary deposits and other advance	93581
payments that a provider charges all children who receive child	93582
care from that provider. The schedule of fees may not provide for	93583
a caretaker parent to pay a fee that exceeds ten per cent of the	93584
parent's family income.	93585

(D) A formula based upon a percentage of the county's total	93586
expenditures for publicly funded child care for determining the	93587
maximum amount of state and federal funds appropriated for	93588
publicly funded child care that a county department may use for	93589
administrative purposes;	93590

(E) Procedures to be followed by the department and county	93591
departments in recruiting individuals and groups to become	93592
providers of child care;	93593

(F) Procedures to be followed in establishing state or local	93594
programs designed to assist individuals who are eligible for	93595
publicly funded child care in identifying the resources available	93596
to them and to refer the individuals to appropriate sources to	93597
obtain child care;	93598

(G) Procedures to deal with fraud and abuse committed by	93599
either recipients or providers of publicly funded child care;	93600

(H) Procedures for establishing a child care grant or loan	93601
program in accordance with the child care block grant act;	93602

(I) Standards and procedures for applicants to apply for	93603
grants and loans, and for the department to make grants and loans;	93604

(J) A definition of "person who stands in loco parentis" for	93605
the purposes of division ~~(II)~~(JJ)(1) of section 5104.01 of the	93606
Revised Code;	93607

(K) Procedures for a county department of job and family	93608
services to follow in making eligibility determinations and	93609
redeterminations for publicly funded child care available through	93610
telephone, computer, and other means at locations other than the	93611
county department;	93612

(L) Any other rules necessary to carry out sections 5104.30	93613
to 5104.39 of the Revised Code.	93614

Sec. 5104.39. (A) The director of job and family services	93615
shall adopt rules in accordance with Chapter 119. of the Revised	93616
Code establishing a procedure for monitoring the expenditures of	93617
county departments of job and family services to ensure that	93618
expenditures do not exceed the available federal and state funds	93619
for publicly funded child care. The department, with the	93620
assistance of the office of budget and management and the child	93621
care advisory council created pursuant to section 5104.08 of the	93622
Revised Code, shall monitor the anticipated future expenditures of	93623
county departments for publicly funded child care and shall	93624
compare those anticipated future expenditures to available federal	93625
and state funds for publicly funded child care. Whenever the	93626
department determines that the anticipated future expenditures of	93627
the county departments will exceed the available federal and state	93628
funds for publicly funded child care~~, it~~and the department	93629
reimburses the county departments in accordance with rules adopted	93630
under section 5104.42 of the Revised Code, the department shall	93631
promptly ~~shall~~ notify the county departments and, before the	93632
available state and federal funds are used, the director shall	93633
issue and implement an administrative order that shall specify	93634
both of the following:	93635

(1) Priorities for expending the remaining available federal	93636
and state funds for publicly funded child care;	93637

(2) Instructions and procedures to be used by the county	93638
departments.	93639

(B) The order may do any or all of the following:

93640

(1) Suspend enrollment of all new participants in any program	93641
of publicly funded child care;	93642

(2) Limit enrollment of new participants to those with	93643
incomes at or below a specified percentage of the federal poverty	93644
line;	93645

(3) Disenroll existing participants with income above a	93646
specified percentage of the federal poverty line.	93647

(C) Each county department shall comply with the order no	93648
later than thirty days after it is issued. If the department fails	93649
to notify the county departments and to implement the reallocation	93650
priorities specified in the order before the available federal and	93651
state funds for publicly funded child care are used, the state	93652
department shall provide sufficient funds to the county	93653
departments for publicly funded child care to enable each county	93654
department to pay for all publicly funded child care that was	93655
provided by providers pursuant to contract prior to the date that	93656
the county department received notice under this section and the	93657
state department implemented in that county the priorities.	93658

(D) If after issuing an order under this section to suspend	93659
or limit enrollment of new participants or disenroll existing	93660
participants the department determines that available state and	93661
federal funds for publicly funded child care exceed the	93662
anticipated future expenditures of the county departments, the	93663
director may issue and implement another administrative order	93664
increasing income eligibility levels to a specified percentage of	93665
the federal poverty line. The order shall include instructions and	93666
procedures to be used by the county departments. Each county	93667
department shall comply with the order not later than thirty days	93668
after it is issued.	93669

(E) The department of job and family services shall do all of	93670
the following:	93671

(1) Conduct a quarterly evaluation of the program of publicly	93672
funded child care that is operated pursuant to sections 5104.30 to	93673
5104.39 of the Revised Code;	93674

(2) Prepare reports based upon the evaluations that specify	93675
for each county the number of participants and amount of	93676
expenditures;	93677

(3) Provide copies of the reports to both houses of the	93678
general assembly and, on request, to interested parties.	93679

Sec. 5104.42. The director of job and family services shall	93680
adopt rules pursuant to section 111.15 of the Revised Code	93681
establishing a payment procedure for publicly funded child care.	93682
The rules may provide that the department of job and family	93683
services will ~~either~~ reimburse county departments of job and	93684
family services for payments made to providers of publicly funded	93685
child care or, make direct payments to providers ~~pursuant to an~~	93686
~~agreement entered into with a county board of commissioners~~	93687
~~pursuant to section 5101.21 of the Revised Code~~, or establish	93688
another system for the payment of publicly funded child care.	93689

Alternately, the director, by rule adopted in accordance with	93690
section 111.15 of the Revised Code, may establish a methodology	93691
for allocating among the county departments the state and federal	93692
funds appropriated for all publicly funded child care services. If	93693
the department chooses to allocate funds for publicly funded child	93694
care, it may provide the funds to each county department, up to	93695
the limit of the county's allocation, by advancing the funds or	93696
reimbursing county care expenditures. The rules adopted under this	93697
section may prescribe procedures for making the advances or	93698
reimbursements. The rules may establish a method under which the	93699
department may determine which county expenditures for child care	93700
services are allowable for use of and federal funds.	93701

The rules may establish procedures that a county department	93702
shall follow when the county department determines that its	93703
anticipated future expenditures for publicly funded child care	93704
services will exceed the amount of state and federal funds	93705
allocated by the state department. The procedures may include	93706
suspending or limiting enrollment of new participants.	93707

Sec. 5107.05. The director of job and family services shall	93708
adopt rules to implement this chapter. The rules shall be	93709
consistent with Title IV-A, Title IV-D, federal regulations, state	93710
law, the Title IV-A state plan submitted to the United States	93711
secretary of health and human services under section 5101.80 of	93712
the Revised Code, amendments to the plan, and waivers granted by	93713
the United States secretary. Rules governing eligibility, program	93714
participation, and other applicant and participant requirements	93715
shall be adopted in accordance with Chapter 119. of the Revised	93716
Code. Rules governing financial and other administrative	93717
requirements applicable to the department of job and family	93718
services and county departments of job and family services shall	93719
be adopted in accordance with section 111.15 of the Revised Code.	93720

(A) The rules shall specify, establish, or govern all of the	93721
following:	93722

(1) A payment standard for Ohio works first based on federal	93723
and state appropriations that is increased in accordance with	93724
section 5107.04 of the Revised Code;	93725

(2) For the purpose of section 5107.04 of the Revised Code,	93726
the method of determining the amount of cash assistance an	93727
assistance group receives under Ohio works first;	93728

(3) Requirements for initial and continued eligibility for	93729
Ohio works first, including requirements regarding income,	93730
citizenship, age, residence, and assistance group composition;	93731

(4) For the purpose of section 5107.12 of the Revised Code,	93732
application and verification procedures, including the minimum	93733
information an application must contain;	93734

(5) The extent to which a participant of Ohio works first	93735
must notify, pursuant to section 5107.12 of the Revised Code, a	93736
county department of job and family services of additional income	93737
not previously reported to the county department;	93738

(6) For the purpose of section 5107.16 of the Revised Code,	93739
~~standards~~all of the following:	93740

(a) Standards for the determination of good cause for failure	93741
or refusal to comply in full with a provision of a	93742
self-sufficiency contract;	93743

(b) The compliance form a member of an assistance group may	93744
complete to indicate willingness to come into full compliance	93745
with a provision of a self-sufficiency contract;	93746

(c) The manner by which the compliance form is to be	93747
completed and provided to a county department of job and family	93748
services.	93749

(7) The department of job and family services providing	93750
written notice of a sanction under section 5107.161 of the Revised	93751
Code;	93752

(8) For the purpose of division (A)(2) of section 5107.17 of	93753
the Revised Code, the period of time by which a county department	93754
of job and family services is to receive a compliance form	93755
established in rules adopted under division (A)(6)(b) of this	93756
section;	93757

(9) Requirements for the collection and distribution of	93758
support payments owed participants of Ohio works first pursuant to	93759
section 5107.20 of the Revised Code;	93760

~~(9)~~(10) For the purpose of section 5107.22 of the Revised	93761
Code, what constitutes cooperating in establishing a minor	93762
child's paternity or establishing, modifying, or enforcing a	93763
child support order and good cause for failure or refusal to	93764
cooperate;	93765

~~(10)~~(11) The requirements governing the LEAP program,	93766
including the definitions of "equivalent of a high school	93767
diploma" and "good cause," and the incentives provided under the	93768
LEAP program;	93769

~~(11)~~(12) If the director implements section 5107.301 of the	93770
Revised Code, the requirements governing the award provided under	93771
that section, including the form that the award is to take and	93772
requirements an individual must satisfy to receive the award;	93773

~~(12)~~(13) Circumstances under which a county department of job	93774
and family services may exempt a minor head of household or adult	93775
from participating in a work activity or developmental activity	93776
for all or some of the weekly hours otherwise required by section	93777
5107.43 of the Revised Code.	93778

~~(13)~~(14) The maximum amount of time the department will	93779
subsidize positions created by state agencies and political	93780
subdivisions under division (C) of section 5107.52 of the Revised	93781
Code;	93782

~~(14)~~(15) The implementation of sections 5107.71 to 5107.717	93783
of the Revised Code by county departments of job and family	93784
services;	93785

~~(15)~~(16) A domestic violence screening process to be used for	93786
the purpose of division (A) of section 5107.71 of the Revised	93787
Code;	93788

~~(16)~~(17) The minimum frequency with which county departments	93789
of job and family services must redetermine a member of an	93790
assistance group's need for a waiver issued under section	93791
5107.714 of the Revised Code.	93792

(B) The rules adopted under division (A)(3) of this section	93793
regarding income shall specify what is countable income, gross	93794
earned income, and gross unearned income for the purpose of	93795
section 5107.10 of the Revised Code.	93796

The rules adopted under division (A)~~(9)~~(10) of this section	93797
shall be consistent with 42 U.S.C. 654(29).	93798

The rules adopted under division (A)~~(12)~~(13) of this section	93799
shall specify that the circumstances include that a school or	93800
place of work is closed due to a holiday or weather or other	93801
emergency and that an employer grants the minor head of household	93802
or adult leave for illness or earned vacation.	93803

(C) The rules may provide that a county department of job and	93804
family services is not required to take action under section	93805
5107.76 of the Revised Code to recover an erroneous payment that	93806
is below an amount the department specifies.	93807

Sec. 5107.16. (A) If a member of an assistance group fails	93808
or refuses, without good cause, to comply in full with a provision	93809
of a self-sufficiency contract entered into under section 5107.14	93810
of the Revised Code, a county department of job and family	93811
services shall sanction the assistance group as follows:	93812

(1) For a first failure or refusal, the county department	93813
shall deny or terminate the assistance group's eligibility to	93814
participate in Ohio works first for one payment month or until the	93815
failure or refusal ceases, whichever is longer;	93816

(2) For a second failure or refusal, the county department	93817
shall deny or terminate the assistance group's eligibility to	93818
participate in Ohio works first for three payment months or until	93819
the failure or refusal ceases, whichever is longer;	93820

(3) For a third or subsequent failure or refusal, the county	93821
department shall deny or terminate the assistance group's	93822
eligibility to participate in Ohio works first for six payment	93823
months or until the failure or refusal ceases, whichever is	93824
longer.	93825

(B) The director of job and family services shall establish	93826
standards for the determination of good cause for failure or	93827
refusal to comply in full with a provision of a self-sufficiency	93828
contract in rules adopted under section 5107.05 of the Revised	93829
Code.	93830

(C) The director of job and family services shall provide a	93831
compliance form established in rules adopted under section 5107.05	93832
of the Revised Code to an assistance group member who fails or	93833
refuses, without good cause, to comply in full with a provision of	93834
a self-sufficiency contract. The member's failure or refusal to	93835
comply in full with the provision shall be deemed to have ceased	93836
on the date a county department of job and family services	93837
receives the compliance form from the member if the compliance	93838
form is completed and provided to the county department in the	93839
manner specified in rules adopted under section 5107.05 of the	93840
Revised Code.	93841

(D) After sanctioning an assistance group under division (A)	93842
of this section, a county department of job and family services	93843
shall continue to work with the assistance group.	93844

~~(D)~~(E) An adult eligible for medicaid pursuant to division	93845
(A)(1)(a) of section 5111.01 of the Revised Code who is sanctioned	93846
under division (A)(3) of this section for a failure or refusal,	93847
without good cause, to comply in full with a provision of a	93848
self-sufficiency contract related to work responsibilities under	93849
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	93850
for medicaid unless the adult is otherwise eligible for medicaid	93851
pursuant to another division of section 5111.01 of the Revised	93852
Code.	93853

An assistance group that would be participating in Ohio	93854
works first if not for a sanction under this section shall	93855
continue to be eligible for all of the following:	93856

(1) Publicly funded child care in accordance with division	93857
(A)(3) of section 5104.30 of the Revised Code;	93858

(2) Support services in accordance with section 5107.66 of	93859
the Revised Code;	93860

(3) To the extent permitted by the "Fair Labor Standards Act	93861
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to	93862
participate in work activities, developmental activities, and	93863
alternative work activities in accordance with sections 5107.40 to	93864
5107.69 of the Revised Code.	93865

Sec. 5107.17. An assistance group that resumes participation	93866
in Ohio works first following a sanction under section 5107.16 of	93867
the Revised Code is not required to do either of the following:	93868

(A) Reapply under section 5107.12 of the Revised Code, unless	93869
iteither of the following applies:	93870

(1) It is the assistance group's regularly scheduled time for	93871
an eligibility redetermination;	93872

(2) The county department of job and family services does not	93873
receive the completed compliance form established in rules adopted	93874
under section 5107.05 of the Revised Code within the period of	93875
time specified in rules adopted under that section.	93876

(B) Enter into a new self-sufficiency contract under section	93877
5107.14 of the Revised Code, unless the county department of job	93878
and family services determines it is time for a new appraisal	93879
under section 5107.41 of the Revised Code or the assistance	93880
group's circumstances have changed in a manner necessitating an	93881
amendment to the self-sufficiency contract as determined using	93882
procedures included in the contract under division (B)(9) of	93883
section 5107.14 of the Revised Code.	93884

Sec. 5107.58. In accordance with a federal waiver granted by	93885
the United States secretary of health and human services pursuant	93886
to a request made under former section 5101.09 of the Revised	93887
Code, county departments of job and family services may establish	93888
and administer as a work activity for minor heads of households	93889
and adults participating in Ohio works first an education program	93890
under which the participant is enrolled full-time in	93891
post-secondary education leading to vocation at a state	93892
institution of higher education, as defined in section 3345.031 of	93893
the Revised Code; a private nonprofit college or university that	93894
possesses a certificate of authorization issued by the Ohio board	93895
of regents pursuant to Chapter 1713. of the Revised Code, or is	93896
exempted by division (E) of section 1713.02 of the Revised Code	93897
from the requirement of a certificate; a school that holds a	93898
certificate of registration and program authorization issued by	93899
the state board of career colleges and schools under Chapter 3332.	93900
of the Revised Code; a private institution exempt from regulation	93901
under Chapter 3332. of the Revised Code as prescribed in section	93902
3333.046 of the Revised Code; or a school that has entered into a	93903
contract with the county department of job and family services.	93904
The participant shall make reasonable efforts, as determined by	93905
the county department, to obtain aan applicable loan,	93906
scholarship, grant, or other assistance to pay for the tuition,	93907
including a federal Pell grant under 20 U.S.C.A. 1070a, an Ohio	93908
instructional grant under section 3333.12 of the Revised Code, and	93909
an Ohio college opportunity grant, a private higher education	93910
need-based financial aid block grant program grant, and a	93911
career-college needs-based financial aid block grant program grant	93912
under section 3333.122 of the Revised Code. If the participant has	93913
made reasonable efforts but is unable to obtain sufficient	93914
assistance to pay the tuition the program may pay the tuition. On	93915
or after October 1, 1998, the county department may enter into a	93916
loan agreement with the participant to pay the tuition. The total	93917
period for which tuition is paid and loans made shall not exceed	93918
two years. If the participant, pursuant to division (B)(3) of	93919
section 5107.43 of the Revised Code, volunteers to participate in	93920
the education program for more hours each week than the	93921
participant is assigned to the program, the program may pay or the	93922
county department may loan the cost of the tuition for the	93923
additional voluntary hours as well as the cost of the tuition for	93924
the assigned number of hours. The participant may receive, for not	93925
more than three years, support services, including publicly funded	93926
child care under Chapter 5104. of the Revised Code and	93927
transportation, that the participant needs to participate in the	93928
program. To receive support services in the third year, the	93929
participant must be, as determined by the educational institution	93930
in which the participant is enrolled, in good standing with the	93931
institution.	93932

A county department that provides loans under this section	93933
shall establish procedures governing loan application for and	93934
approval and administration of loans granted pursuant to this	93935
section.	93936

Sec. 5111.01. As used in this chapter, "medical assistance	93937
program" or "medicaid" means the program that is authorized by	93938
this chapter and provided by the department of job and family	93939
services under this chapter, Title XIX of the "Social Security	93940
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, and the	93941
waivers of Title XIX requirements granted to the department by the	93942
centers for medicare and medicaid services of the United States	93943
department of health and human services.	93944

The department of job and family services shall act as the	93945
single state agency to supervise the administration of the	93946
medicaid program. As the single state agency, the department shall	93947
comply with 42 C.F.R. 431.10(e). The department's rules governing	93948
medicaid are binding on other agencies that administer components	93949
of the medicaid program. No agency may establish, by rule or	93950
otherwise, a policy governing medicaid that is inconsistent with a	93951
medicaid policy established, in rule or otherwise, by the director	93952
of job and family services.	93953

(A) The department of job and family services may provide	93954
medical assistance under the medicaid program as long as federal	93955
funds are provided for such assistance, to the following:	93956

(1) Families with children that meet either of the following	93957
conditions:	93958

(a) The family meets the income, resource, and family	93959
composition requirements in effect on July 16, 1996, for the	93960
former aid to dependent children program as those requirements	93961
were established by Chapter 5107. of the Revised Code, federal	93962
waivers granted pursuant to requests made under former section	93963
5101.09 of the Revised Code, and rules adopted by the department	93964
or any changes the department makes to those requirements in	93965
accordance with paragraph (a)(2) of section 114 of the "Personal	93966
Responsibility and Work Opportunity Reconciliation Act of 1996,"	93967
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	93968
implementing section ~~5111.019~~5111.0120 of the Revised Code. An	93969
adult loses eligibility for medicaid under division (A)(1)(a) of	93970
this section pursuant to division ~~(D)~~(E) of section 5107.16 of	93971
the Revised Code.	93972

(b) The family does not meet the requirements specified in	93973
division (A)(1)(a) of this section but is eligible for medicaid	93974
pursuant to section 5101.18 of the Revised Code.	93975

(2) Aged, blind, and disabled persons who meet the following	93976
conditions:	93977

(a) Receive federal aid under Title XVI of the "Social	93978
Security Act," or are eligible for but are not receiving such aid,	93979
provided that the income from all other sources for individuals	93980
with independent living arrangements shall not exceed one hundred	93981
seventy-five dollars per month. The income standards hereby	93982
established shall be adjusted annually at the rate that is used by	93983
the United States department of health and human services to	93984
adjust the amounts payable under Title XVI.	93985

(b) Do not receive aid under Title XVI, but meet any of the	93986
following criteria:	93987

(i) Would be eligible to receive such aid, except that their	93988
income, other than that excluded from consideration as income	93989
under Title XVI, exceeds the maximum under division (A)(2)(a) of	93990
this section, and incurred expenses for medical care, as	93991
determined under federal regulations applicable to section 209(b)	93992
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	93993
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	93994
their income exceeds the maximum under division (A)(2)(a) of this	93995
section;	93996

(ii) Received aid for the aged, aid to the blind, or aid for	93997
the permanently and totally disabled prior to January 1, 1974, and	93998
continue to meet all the same eligibility requirements;	93999

(iii) Are eligible for medicaid pursuant to section 5101.18	94000
of the Revised Code.	94001

(3) Persons to whom federal law requires, as a condition of	94002
state participation in the medicaid program, that medicaid be	94003
provided;	94004

(4) Persons under age twenty-one who meet the income	94005
requirements for the Ohio works first program established under	94006
Chapter 5107. of the Revised Code but do not meet other	94007
eligibility requirements for the program. The director shall	94008
adopt rules in accordance with Chapter 119. of the Revised Code	94009
specifying which Ohio works first requirements shall be waived for	94010
the purpose of providing medicaid eligibility under division	94011
(A)(4) of this section.	94012

(B) If sufficient funds are appropriated for the medicaid	94013
program, the department may provide medical assistance under the	94014
medicaid program to persons in groups designated by federal law	94015
as groups to which a state, at its option, may provide medical	94016
assistance under the medicaid program.	94017

(C) The department may expand eligibility for the medicaid	94018
program to include individuals under age nineteen with family	94019
incomes at or below one hundred fifty per cent of the federal	94020
poverty guidelines, except that the eligibility expansion shall	94021
not occur unless the department receives the approval of the	94022
federal government. The department may implement the eligibility	94023
expansion authorized under this division on any date selected by	94024
the department, but not sooner than January 1, 1998.	94025

(D) In addition to any other authority or requirement to	94026
adopt rules under this chapter, the director may adopt rules in	94027
accordance with section 111.15 of the Revised Code as the director	94028
considers necessary to establish standards, procedures, and other	94029
requirements regarding the provision of medical assistance under	94030
the medicaid program. The rules may establish requirements to be	94031
followed in applying for medicaid, making determinations of	94032
eligibility for medicaid, and verifying eligibility for medicaid.	94033
The rules may include special conditions as the department	94034
determines appropriate for making applications, determining	94035
eligibility, and verifying eligibility for any medical assistance	94036
that the department may provide under the medicaid program	94037
pursuant to division (C) of this section and section 5111.014 or	94038
~~5111.019~~5111.0120 of the Revised Code.	94039

Sec. 5111.015. (A) If the United States secretary of health	94040
and human services grants a waiver of any contrary federal	94041
requirements governing the medical assistance program or the	94042
director of job and family services determines that there are no	94043
contrary federal requirements, divisions (A)(1) and (2) of this	94044
section apply to determinations of eligibility under this chapter:	94045

(1) In determining the eligibility of an assistance group for	94046
assistance under this chapter, the department of job and family	94047
services shall exclude from the income and resources applicable to	94048
the assistance group the value of any tuition payment contract	94049
entered into under section 3334.09 of the Revised Code or any	94050
scholarship awarded under section 3334.18 of the Revised Code and	94051
the amount of payments made ~~by the Ohio tuition trust authority~~	94052
under section 3334.09 of the Revised Code pursuant to the contract	94053
or scholarship.	94054

(2) The department shall not require any person to terminate	94055
a tuition payment contract entered into under Chapter 3334. of the	94056
Revised Code as a condition of an assistance group's eligibility	94057
for assistance under this chapter.	94058

(B) To the extent required by federal law, the department	94059
shall include as income any refund paid under section 3334.10 of	94060
the Revised Code to a member of the assistance group.	94061

(C) Not later than sixty days after July 1, 1994, the	94062
department shall apply to the United States department of health	94063
and human services for a waiver of any federal requirements that	94064
otherwise would be violated by implementation of division (A) of	94065
this section.	94066

~~Sec. 5111.019.~~ Sec. 5111.0120. The director of job and family	94067
services shall submit to the United States secretary of health	94068
and human services an amendment to the state medicaid plan to make	94069
an individual eligible for medicaid who meets all of the	94070
following requirements:	94071

(A) The individual is the parent of a child under nineteen	94072
years of age and resides with the child;	94073

(B) The individual's family income does not exceed ninety	94074
per cent of the federal poverty guidelines;	94075

94076

(D) The individual satisfies all relevant requirements	94077
established by rules adopted under division (D) of section 5111.01	94078
of the Revised Code.	94079

Sec. 5111.0121. A parent eligible for the medicaid program	94080
pursuant to section 5111.0120 of the Revised Code shall not be	94081
required to undergo a redetermination of eligibility for the	94082
medicaid program more often than once every twelve months unless	94083
there are reasonable grounds to believe that circumstances have	94084
changed that may affect the parent's eligibility.	94085

Sec. 5111.028. (A) Pursuant to section 5111.02 of the	94086
Revised Code, the director of job and family services shall adopt	94087
rules establishing procedures for the use of time-limited	94088
provider agreements under the medicaid program. Except as	94089
provided in division (E) of this section, all provider agreements	94090
shall be time-limited in accordance with the procedures	94091
established in the rules.	94092

The department of job and family services shall phase-in the	94093
use of time-limited provider agreements pursuant to this section	94094
during a period commencing not later than January 1, 2008, and	94095
ending January 1, ~~2011~~2015.	94096

(B) In the use of time-limited provider agreements pursuant	94097
to this section, all of the following apply:	94098

(1) Each provider agreement shall expire not later than	94099
~~three~~seven years from the effective date of the agreement.	94100

(2) During the phase-in period specified in division (A) of	94101
this section, the department may provide for the conversion of a	94102
provider agreement without a time limit to a provider agreement	94103
with a time limit. The department may take an action to convert	94104
the provider agreement by sending a notice by regular mail to the	94105
address of the provider on record with the department advising the	94106
provider of the conversion.	94107

(3) The department may make the effective date of a provider	94108
agreement retroactive for a period not to exceed one year from the	94109
date of the provider's application for the agreement, as long as	94110
the provider met all medicaid program requirements during that	94111
period.	94112

(C) The rules for use of time-limited provider agreements	94113
pursuant to this section shall include a process for re-enrollment	94114
of providers. All of the following apply to the re-enrollment	94115
process:	94116

(1) The department of job and family services may terminate a	94117
time-limited provider agreement or deny re-enrollment when a	94118
provider fails to file an application for re-enrollment within	94119
the time and in the manner required under the re-enrollment	94120
process.	94121

(2) If a provider files an application for re-enrollment	94122
within the time and in the manner required under the re-enrollment	94123
process, but the provider agreement expires before the department	94124
acts on the application or before the effective date of the	94125
department's decision on the application, the provider may	94126
continue operating under the terms of the expired provider	94127
agreement until the effective date of the department's decision.	94128

(3) A decision by the department to approve an application	94129
for re-enrollment becomes effective on the date of the	94130
department's decision. A decision by the department to deny	94131
re-enrollment shall take effect not sooner than thirty days after	94132
the date the department mails written notice of the decision to	94133
the provider. The department shall specify in the notice the date	94134
on which the provider is required to cease operating under the	94135
provider agreement.	94136

(D) Pursuant to section 5111.06 of the Revised Code, the	94137
department is not required to take the actions specified in	94138
division (C)(1) of this section by issuing an order pursuant to an	94139
adjudication conducted in accordance with Chapter 119. of the	94140
Revised Code.	94141

(E) The use of time-limited provider agreements pursuant to	94142
this section does not apply to provider agreements issued to the	94143
following, including any provider agreements issued to the	94144
following that are otherwise time-limited under the medicaid	94145
program:	94146

(1) A managed care organization under contract with the	94147
department pursuant to section 5111.17 of the Revised Code;	94148

(2) A nursing facility, as defined in section 5111.20 of the	94149
Revised Code;	94150

(3) An intermediate care facility for the mentally retarded,	94151
as defined in section 5111.20 of the Revised Code;	94152

(4) A hospital.

94153

Sec. 5111.032. (A) As used in this section:

94154

(1) "Criminal records check" has the same meaning as in	94155
section 109.572 of the Revised Code.	94156

(2) "Department" includes a designee of the department of job	94157
and family services.	94158

(3) "Owner" means a person who has an ownership interest in a	94159
provider in an amount designated by the department of job and	94160
family services in rules adopted under this section.	94161

(4) "Provider" means a person, institution, or entity that	94162
has a provider agreement with the department of job and family	94163
services pursuant to Title XIX of the "Social Security Act," 49	94164
State. 620 (1965), 42 U.S.C. 1396, as amended.	94165

(B)(1) Except as provided in division (B)(2) of this section,	94166
the department of job and family services may require that any	94167
provider, applicant to be a provider, employee or prospective	94168
employee of a provider, owner or prospective owner of a provider,	94169
officer or prospective officer of a provider, or board member or	94170
prospective board member of a provider submit to a criminal	94171
records check as a condition of obtaining a provider agreement,	94172
continuing to hold a provider agreement, being employed by a	94173
provider, having an ownership interest in a provider, or being an	94174
officer or board member of a provider. The department may	94175
designate the categories of persons who are subject to the	94176
criminal records check requirement. The department shall designate	94177
the times at which the criminal records checks must be conducted.	94178

(2) The section does not apply to providers, applicants to be	94179
providers, employees of a provider, or prospective employees of a	94180
provider who are subject to criminal records checks under section	94181
5111.033 or 5111.034 of the Revised Code.	94182

(C)(1) The department shall inform each provider or applicant	94183
to be a provider whether the provider or applicant is subject to a	94184
criminal records check requirement under division (B) of this	94185
section. For providers, the information shall be given at times	94186
designated in rules adopted under this section. For applicants to	94187
be providers, the information shall be given at the time of	94188
initial application. When the information is given, the department	94189
shall specify which of the provider's or applicant's employees or	94190
prospective employees, owners or prospective owners, officers or	94191
prospective officers, or board members or prospective board	94192
members are subject to the criminal records check requirement.	94193

(2) At times designated in rules adopted under this section,	94194
a provider that is subject to the criminal records check	94195
requirement shall inform each person specified by the department	94196
under division (C)(1) of this section that the person is required,	94197
as applicable, to submit to a criminal records check for final	94198
consideration for employment in a full-time, part-time, or	94199
temporary position; as a condition of continued employment; or as	94200
a condition of becoming or continuing to be an officer, board	94201
member or owner of a provider.	94202

(D)(1) If a provider or applicant to be a provider is	94203
subject to a criminal records check under this section, the	94204
department shall require the conduct of a criminal records check	94205
by the superintendent of the bureau of criminal identification	94206
and investigation. If a provider or applicant to be a provider	94207
for whom a criminal records check is required does not present	94208
proof of having been a resident of this state for the five-year	94209
period immediately prior to the date the criminal records check	94210
is requested or provide evidence that within that five-year	94211
period the superintendent has requested information about the	94212
individual from the federal bureau of investigation in a criminal	94213
records check, the department shall require the provider or	94214
applicant to request that the superintendent obtain information	94215
from the federal bureau of investigation as part of the criminal	94216
records check of the provider or applicant. Even if a provider or	94217
applicant for whom a criminal records check request is required	94218
presents proof of having been a resident of this state for the	94219
five-year period, the department may require that the provider or	94220
applicant request that the superintendent obtain information from	94221
the federal bureau of investigation and include it in the criminal	94222
records check of the provider or applicant.	94223

(2) A provider shall require the conduct of a criminal	94224
records check by the superintendent with respect to each of the	94225
persons specified by the department under division (C)(1) of this	94226
section. If the person for whom a criminal records check is	94227
required does not present proof of having been a resident of this	94228
state for the five-year period immediately prior to the date the	94229
criminal records check is requested or provide evidence that	94230
within that five-year period the superintendent of the bureau of	94231
criminal identification and investigation has requested	94232
information about the individual from the federal bureau of	94233
investigation in a criminal records check, the individual shall	94234
request that the superintendent obtain information from the	94235
federal bureau of investigation as part of the criminal records	94236
check of the individual. Even if an individual for whom a criminal	94237
records check request is required presents proof of having been a	94238
resident of this state for the five-year period, the department	94239
may require the provider to request that the superintendent obtain	94240
information from the federal bureau of investigation and include	94241
it in the criminal records check of the person.	94242

(E)(1) Criminal records checks required under this section	94243
for providers or applicants to be providers shall be obtained as	94244
follows:	94245

(a) The department shall provide each provider or applicant	94246
information about accessing and completing the form prescribed	94247
pursuant to division (C)(1) of section 109.572 of the Revised Code	94248
and the standard fingerprint impression sheet prescribed pursuant	94249
to division (C)(2) of that section.	94250

(b) The provider or applicant shall submit the required form	94251
and one complete set of fingerprint impressions directly to the	94252
superintendent for purposes of conducting the criminal records	94253
check using the applicable methods prescribed by division (C) of	94254
section 109.572 of the Revised Code. The applicant or provider	94255
shall pay all fees associated with obtaining the criminal records	94256
check.	94257

(c) The superintendent shall conduct the criminal records	94258
check in accordance with section 109.572 of the Revised Code. The	94259
provider or applicant shall instruct the superintendent to submit	94260
the report of the criminal records check directly to the director	94261
of job and family services.	94262

(2) Criminal records checks required under this section for	94263
persons specified by the department under division (C)(1) of this	94264
section shall be obtained as follows:	94265

(a) The provider shall give to each person subject to	94266
criminal records check requirement information about accessing and	94267
completing the form prescribed pursuant to division (C)(1) of	94268
section 109.572 of the Revised Code and the standard fingerprint	94269
impression sheet prescribed pursuant to division (C)(2) of that	94270
section.	94271

(b) The person shall submit the required form and one	94272
complete set of fingerprint impressions directly to the	94273
superintendent for purposes of conducting the criminal records	94274
check using the applicable methods prescribed by division (C) of	94275
section 109.572 of the Revised Code. The person shall pay all fees	94276
associated with obtaining the criminal records check.	94277

(c) The superintendent shall conduct the criminal records	94278
check in accordance with section 109.572 of the Revised Code. The	94279
person subject to the criminal records check shall instruct the	94280
superintendent to submit the report of the criminal records check	94281
directly to the provider. The department may require the provider	94282
to submit the report to the department.	94283

(F) If a provider or applicant to be a provider is given the	94284
information specified in division (E)(1)(a) of this section but	94285
fails to obtain a criminal records check, the department shall, as	94286
applicable, terminate the provider agreement or deny the	94287
application to be a provider.	94288

If a person is given the information specified in division	94289
(E)(2)(a) of this section but fails to obtain a criminal records	94290
check, the provider shall not, as applicable, permit the person to	94291
be an employee, owner, officer, or board member of the provider.	94292

(G) Except as provided in rules adopted under division (J) of	94293
this section, the department shall terminate the provider	94294
agreement of a provider or the department shall not issue a	94295
provider agreement to an applicant if the provider or applicant is	94296
subject to a criminal records check under this section and the	94297
provider or applicant has been convicted of, has pleaded guilty	94298
to, or has been found eligible for intervention in lieu of	94299
conviction for any of the following, regardless of the date of the	94300
conviction, the date of entry of the guilty plea, or the date the	94301
applicant or provider was found eligible for intervention in lieu	94302
of conviction:	94303

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	94304
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	94305
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	94306
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	94307
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	94308
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	94309
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	94310
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	94311
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	94312
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	94313
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	94314
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	94315
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	94316
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	94317
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	94318
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	94319
sexual penetration in violation of former section 2907.12 of the	94320
Revised Code, a violation of section 2905.04 of the Revised Code	94321
as it existed prior to July 1, 1996, a violation of section	94322
2919.23 of the Revised Code that would have been a violation of	94323
section 2905.04 of the Revised Code as it existed prior to July	94324
1, 1996, had the violation been committed prior to that date;	94325

(2) AnA violation of an existing or former municipal	94326
ordinance or law of this state, any other state, or the United	94327
States that is substantially equivalent to any of the offenses	94328
listed in division (G)(1) of this section.	94329

(H)(1)(a) Except as provided in rules adopted under division	94330
(J) of this section and subject to division (H)(2) of this	94331
section, no provider shall permit a person to be an employee,	94332
owner, officer, or board member of the provider if the person is	94333
subject to a criminal records check under this section and the	94334
person has been convicted of, has pleaded guilty to, or has been	94335
found eligible for intervention in lieu of conviction for any of	94336
the offenses specified in division (G)(1) or (2) of this section.	94337

(b) No provider shall employ a person who has been excluded	94338
from participating in the medicaid program, the medicare program	94339
operated pursuant to Title XVIII of the "Social Security Act," or	94340
any other federal health care program.	94341

(2)(a) A provider may employ conditionally a person for whom	94342
a criminal records check is required under this section prior to	94343
obtaining the results of a criminal records check regarding the	94344
person, but only if the person submits a request for a criminal	94345
records check not later than five business days after the	94346
individual begins conditional employment.	94347

(b) A provider that employs a person conditionally under	94348
authority of division (H)(2)(a) of this section shall terminate	94349
the person's employment if the results of the criminal records	94350
check request are not obtained within the period ending sixty days	94351
after the date the request is made. Regardless of when the results	94352
of the criminal records check are obtained, if the results	94353
indicate that the individual has been convicted of, has pleaded	94354
guilty to, or has been found eligible for intervention in lieu of	94355
conviction for any of the offenses specified in division (G)(1) or	94356
(2) of this section, the provider shall terminate the person's	94357
employment unless the provider chooses to employ the individual	94358
pursuant to division (J) of this section.	94359

(I) The report of a criminal records check conducted pursuant	94360
to this section is not a public record for the purposes of section	94361
149.43 of the Revised Code and shall not be made available to any	94362
person other than the following:	94363

(1) The person who is the subject of the criminal records	94364
check or the person's representative;	94365

(2) The director of job and family services and the staff of	94366
the department in the administration of the medicaid program;	94367

(3) A court, hearing officer, or other necessary individual	94368
involved in a case dealing with the denial or termination of a	94369
provider agreement;	94370

(4) A court, hearing officer, or other necessary individual	94371
involved in a case dealing with a person's denial of employment,	94372
termination of employment, or employment or unemployment benefits.	94373

(J) The department may adopt rules in accordance with Chapter	94374
119. of the Revised Code to implement this section. The rules may	94375
specify circumstances under which the department may continue a	94376
provider agreement or issue a provider agreement to an applicant	94377
when the provider or applicant has been convicted of, has pleaded	94378
guilty to, or has been found eligible for intervention in lieu of	94379
conviction for any of the offenses specified in division (G)(1) or	94380
(2) of this section. The rules may also specify circumstances	94381
under which a provider may permit a person to be an employee,	94382
owner, officer, or board member of the provider, when the person	94383
has been convicted of, has pleaded guilty to, or has been found	94384
eligible for intervention in lieu of conviction for any of the	94385
offenses specified in division (G)(1) or (2) of this section.	94386

Sec. 5111.033. (A) As used in this section:

94387

(1) "Applicant" means a person who is under final	94388
consideration for employment or, after September 26, 2003, an	94389
existing employee with a waiver agency in a full-time, part-time,	94390
or temporary position that involves providing home and	94391
community-based waiver services to a person with disabilities.	94392
"Applicant" also means an existing employee with a waiver agency	94393
in a full-time, part-time, or temporary position that involves	94394
providing home and community-based waiver services to a person	94395
with disabilities after September 26, 2003.	94396

(2) "Criminal records check" has the same meaning as in	94397
section 109.572 of the Revised Code.	94398

(3) "Waiver agency" means a person or government entity that	94399
is not certified under the medicare program and is accredited by	94400
the community health accreditation program or the joint commission	94401
on accreditation of health care organizations or a company that	94402
provides home and community-based waiver services to persons with	94403
disabilities through department of job and family services	94404
administered home and community-based waiver programs.	94405

(4) "Home and community-based waiver services" means services	94406
furnished under the provision of 42 C.F.R. 441, subpart G, that	94407
permit individuals to live in a home setting rather than a nursing	94408
facility or hospital. Home and community-based waiver services are	94409
approved by the centers for medicare and medicaid for specific	94410
populations and are not otherwise available under the medicaid	94411
state plan.	94412

(B)(1) The chief administrator of a waiver agency shall	94413
require each applicant to request that the superintendent of the	94414
bureau of criminal identification and investigation conduct a	94415
criminal records check with respect to the applicant. If an	94416
applicant for whom a criminal records check request is required	94417
under this division does not present proof of having been a	94418
resident of this state for the five-year period immediately prior	94419
to the date the criminal records check is requested or provide	94420
evidence that within that five-year period the superintendent has	94421
requested information about the applicant from the federal bureau	94422
of investigation in a criminal records check, the chief	94423
administrator shall require the applicant to request that the	94424
superintendent obtain information from the federal bureau of	94425
investigation as part of the criminal records check of the	94426
applicant. Even if an applicant for whom a criminal records check	94427
request is required under this division presents proof of having	94428
been a resident of this state for the five-year period, the chief	94429
administrator may require the applicant to request that the	94430
superintendent include information from the federal bureau of	94431
investigation in the criminal records check.	94432

(2) The chief administrator shall provide the following to	94433
each applicant for whom a criminal records check request is	94434
required under division (B)(1) of this section:	94435

(a) Information about accessing, completing, and forwarding	94436
to the superintendent of the bureau of criminal identification and	94437
investigation the form prescribed pursuant to division (C)(1) of	94438
section 109.572 of the Revised Code and the standard fingerprint	94439
impression sheet prescribed pursuant to division (C)(2) of that	94440
section;	94441

(b) Written notification that the applicant is to instruct	94442
the superintendent to submit the completed report of the criminal	94443
records check directly to the chief administrator.	94444

(3) An applicant given information and notification under	94445
divisions (B)(2)(a) and (b) of this section who fails to access,	94446
complete, and forward to the superintendent the form or the	94447
standard fingerprint impression sheet, or who fails to instruct	94448
the superintendent to submit the completed report of the criminal	94449
records check directly to the chief administrator, shall not be	94450
employed in any position in a waiver agency for which a criminal	94451
records check is required by this section.	94452

(C)(1) Except as provided in rules adopted by the department	94453
of job and family services in accordance with division (F) of this	94454
section and subject to division (C)(2) of this section, no waiver	94455
agency shall employ a person in a position that involves providing	94456
home and community-based waiver services to persons with	94457
disabilities if the person has been convicted of, has pleaded	94458
guilty to, or has been found eligible for intervention in lieu of	94459
conviction for any of the following, regardless of the date of the	94460
conviction, the date of entry of the guilty plea, or the date the	94461
person was found eligible for intervention in lieu of conviction:	94462

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	94463
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	94464
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	94465
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	94466
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	94467
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	94468
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	94469
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	94470
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	94471
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	94472
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	94473
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	94474
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	94475
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	94476
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	94477
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	94478
sexual penetration in violation of former section 2907.12 of the	94479
Revised Code, a violation of section 2905.04 of the Revised Code	94480
as it existed prior to July 1, 1996, a violation of section	94481
2919.23 of the Revised Code that would have been a violation of	94482
section 2905.04 of the Revised Code as it existed prior to July	94483
1, 1996, had the violation been committed prior to that date;	94484

(b) AnA violation of an existing or former municipal	94485
ordinance or law of this state, any other state, or the United	94486
States that is substantially equivalent to any of the offenses	94487
listed in division (C)(1)(a) of this section.	94488

(2)(a) A waiver agency may employ conditionally an applicant	94489
for whom a criminal records check request is required under	94490
division (B) of this section prior to obtaining the results of a	94491
criminal records check regarding the individual, provided that the	94492
agency shall require the individual to request a criminal records	94493
check regarding the individual in accordance with division (B)(1)	94494
of this section not later than five business days after the	94495
individual begins conditional employment.	94496

(b) A waiver agency that employs an individual conditionally	94497
under authority of division (C)(2)(a) of this section shall	94498
terminate the individual's employment if the results of the	94499
criminal records check request under division (B) of this section,	94500
other than the results of any request for information from the	94501
federal bureau of investigation, are not obtained within the	94502
period ending sixty days after the date the request is made.	94503
Regardless of when the results of the criminal records check are	94504
obtained, if the results indicate that the individual has been	94505
convicted of, has pleaded guilty to, or has been found eligible	94506
for intervention in lieu of conviction for any of the offenses	94507
listed or described in division (C)(1) of this section, the agency	94508
shall terminate the individual's employment unless the agency	94509
chooses to employ the individual pursuant to division (F) of this	94510
section.	94511

(D)(1) The fee prescribed pursuant to division (C)(3) of	94512
section 109.572 of the Revised Code for each criminal records	94513
check conducted pursuant to a request made under division (B) of	94514
this section shall be paid to the bureau of criminal	94515
identification and investigation by the applicant or the waiver	94516
agency.	94517

(2) If a waiver agency pays the fee, it may charge the	94518
applicant a fee not exceeding the amount the agency pays under	94519
division (D)(1) of this section. An agency may collect a fee only	94520
if the agency notifies the person at the time of initial	94521
application for employment of the amount of the fee and that,	94522
unless the fee is paid, the person will not be considered for	94523
employment.	94524

(E) The report of any criminal records check conducted	94525
pursuant to a request made under this section is not a public	94526
record for the purposes of section 149.43 of the Revised Code and	94527
shall not be made available to any person other than the	94528
following:	94529

(1) The individual who is the subject of the criminal records	94530
check or the individual's representative;	94531

(2) The chief administrator of the agency requesting the	94532
criminal records check or the administrator's representative;	94533

(3) An administrator at the department;

94534

(4) A court, hearing officer, or other necessary individual	94535
involved in a case dealing with a denial of employment of the	94536
applicant or dealing with employment or unemployment benefits of	94537
the applicant.	94538

(F) The department shall adopt rules in accordance with	94539
Chapter 119. of the Revised Code to implement this section. The	94540
rules shall specify circumstances under which a waiver agency may	94541
employ a person who has been convicted of, has pleaded guilty to,	94542
or has been found eligible for intervention in lieu of conviction	94543
for an offense listed or described in division (C)(1) of this	94544
section.	94545

(G) The chief administrator of a waiver agency shall inform	94546
each person, at the time of initial application for a position	94547
that involves providing home and community-based waiver services	94548
to a person with a disability, that the person is required to	94549
provide a set of fingerprint impressions and that a criminal	94550
records check is required to be conducted if the person comes	94551
under final consideration for employment.	94552

(H)(1) A person who, on September 26, 2003, is an employee	94553
of a waiver agency in a full-time, part-time, or temporary	94554
position that involves providing home and community-based waiver	94555
services to a person with disabilities shall comply with this	94556
section within sixty days after September 26, 2003, unless	94557
division (H)(2) of this section applies.	94558

(2) This section shall not apply to a person to whom all of	94559
the following apply:	94560

(a) On September 26, 2003, the person is an employee of a	94561
waiver agency in a full-time, part-time, or temporary position	94562
that involves providing home and community-based waiver services	94563
to a person with disabilities.	94564

(b) The person previously had been the subject of a criminal	94565
background check relating to that position;	94566

(c) The person has been continuously employed in that	94567
position since that criminal background check had been conducted.	94568

Sec. 5111.034. (A) As used in this section:

94569

(1) "Anniversary date" means the later of the effective date	94570
of the provider agreement relating to the independent provider or	94571
sixty days after September 26, 2003.	94572

(2) "Criminal records check" has the same meaning as in	94573
section 109.572 of the Revised Code.	94574

(3) "Department" includes a designee of the department of	94575
job and family services.	94576

(4) "Independent provider" means a person who is submitting	94577
an application for a provider agreement or who has a provider	94578
agreement as an independent provider in a department of job and	94579
family services administered home and community-based services	94580
program providing home and community-based waiver services to	94581
consumers with disabilities.	94582

(5) "Home and community-based waiver services" has the same	94583
meaning as in section 5111.033 of the Revised Code.	94584

(B)(1) The department of job and family services shall inform	94585
each independent provider, at the time of initial application for	94586
a provider agreement that involves providing home and	94587
community-based waiver services to consumers with disabilities,	94588
that the independent provider is required to provide a set of	94589
fingerprint impressions and that a criminal records check is	94590
required to be conducted if the person is to become an independent	94591
provider in a department administered home and community-based	94592
waiver program.	94593

(2) Beginning on September 26, 2003, the department shall	94594
inform each enrolled medicaid independent provider on or before	94595
time of the anniversary date of the provider agreement that	94596
involves providing home and community-based waiver services to	94597
consumers with disabilities that the independent provider is	94598
required to provide a set of fingerprint impressions and that a	94599
criminal records check is required to be conducted.	94600

(C)(1) The department shall require the independent provider	94601
to complete a criminal records check prior to entering into a	94602
provider agreement with the independent provider and at least	94603
annually thereafter. If an independent provider for whom a	94604
criminal records check is required under this division does not	94605
present proof of having been a resident of this state for the	94606
five-year period immediately prior to the date the criminal	94607
records check is requested or provide evidence that within that	94608
five-year period the superintendent of the bureau of criminal	94609
identification and investigation has requested information about	94610
the independent provider from the federal bureau of investigation	94611
in a criminal records check, the department shall request that	94612
the independent provider obtain through the superintendent a	94613
criminal records request from the federal bureau of investigation	94614
as part of the criminal records check of the independent	94615
provider. Even if an independent provider for whom a criminal	94616
records check request is required under this division presents	94617
proof of having been a resident of this state for the five-year	94618
period, the department may request that the independent provider	94619
obtain information through the superintendent from the federal	94620
bureau of investigation in the criminal records check.	94621

(2) The department shall provide the following to each	94622
independent provider for whom a criminal records check request	94623
is required under division (C)(1) of this section:	94624

(a) Information about accessing, completing, and forwarding	94625
to the superintendent of the bureau of criminal identification and	94626
investigation the form prescribed pursuant to division (C)(1) of	94627
section 109.572 of the Revised Code and the standard fingerprint	94628
impression sheet prescribed pursuant to division (C)(2) of that	94629
section;	94630

(b) Written notification that the independent provider is to	94631
instruct the superintendent to submit the completed report of the	94632
criminal records check directly to the department.	94633

(3) An independent provider given information and	94634
notification under divisions (C)(2)(a) and (b) of this section	94635
who fails to access, complete, and forward to the superintendent	94636
the form or the standard fingerprint impression sheet, or who	94637
fails to instruct the superintendent to submit the completed	94638
report of the criminal records check directly to the department,	94639
shall not be approved as an independent provider.	94640

(D) Except as provided in rules adopted by the department in	94641
accordance with division (G) of this section, the department shall	94642
not issue a new provider agreement to, and shall terminate an	94643
existing provider agreement of, an independent provider if the	94644
person has been convicted of, has pleaded guilty to, or has been	94645
found eligible for intervention in lieu of conviction for any of	94646
the following, regardless of the date of the conviction, the date	94647
of entry of the guilty plea, or the date the person was found	94648
eligible for intervention in lieu of conviction:	94649

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	94650
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	94651
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	94652
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	94653
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	94654
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	94655
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	94656
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	94657
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	94658
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	94659
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	94660
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	94661
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	94662
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	94663
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	94664
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	94665
sexual penetration in violation of former section 2907.12 of the	94666
Revised Code, a violation of section 2905.04 of the Revised Code	94667
as it existed prior to July 1, 1996, a violation of section	94668
2919.23 of the Revised Code that would have been a violation of	94669
section 2905.04 of the Revised Code as it existed prior to July	94670
1, 1996, had the violation been committed prior to that date;	94671

(2) AnA violation of an existing or former municipal	94672
ordinance or law of this state, any other state, or the United	94673
States that is substantially equivalent to any of the offenses	94674
listed in division (D)(1) of this section.	94675

(E) Each independent provider shall pay to the bureau of	94676
criminal identification and investigation the fee prescribed	94677
pursuant to division (C)(3) of section 109.572 of the Revised Code	94678
for each criminal records check conducted pursuant to a request	94679
made under division (C) of this section.	94680

(F) The report of any criminal records check conducted by the	94681
bureau of criminal identification and investigation in accordance	94682
with section 109.572 of the Revised Code and pursuant to a request	94683
made under division (C) of this section is not a public record for	94684
the purposes of section 149.43 of the Revised Code and shall not	94685
be made available to any person other than the following:	94686

(1) The person who is the subject of the criminal records	94687
check or the person's representative;	94688

(2) An administrator at the department or the administrator's	94689
representative;	94690

(3) A court, hearing officer, or other necessary individual	94691
involved in a case dealing with a denial or termination of a	94692
provider agreement related to the criminal records check.	94693

(G) The department shall adopt rules in accordance with	94694
Chapter 119. of the Revised Code to implement this section. The	94695
rules shall specify circumstances under which the department may	94696
either issue a provider agreement to an independent provider or	94697
allow an independent provider to maintain an existing provider	94698
agreement when the independent provider has been convicted of,	94699
has pleaded guilty to, or has been found eligible for intervention	94700
in lieu of conviction for an offense listed or described in	94701
division ~~(C)(1)~~(D)(1) or (D)(2) of this section.	94702

Sec. 5111.06. (A)(1) As used in this section and in sections	94703
5111.061 and 5111.062 of the Revised Code:	94704

(a) "Provider" means any person, institution, or entity that	94705
furnishes medicaid services under a provider agreement with the	94706
department of job and family services pursuant to Title XIX of the	94707
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	94708
amended.	94709

(b) "Party" has the same meaning as in division (G) of	94710
section 119.01 of the Revised Code.	94711

(c) "Adjudication" has the same meaning as in division (D) of	94712
section 119.01 of the Revised Code.	94713

(2) This section does not apply to any action taken by the	94714
department of job and family services under sections 5111.35 to	94715
5111.62 of the Revised Code.	94716

(B) Except as provided in division (D) of this section and	94717
section 5111.914 of the Revised Code, the department shall do	94718
either of the following by issuing an order pursuant to an	94719
adjudication conducted in accordance with Chapter 119. of the	94720
Revised Code:	94721

(1) Enter into or refuse to enter into a provider agreement	94722
with a provider, or suspend, terminate, renew, or refuse to renew	94723
an existing provider agreement with a provider;	94724

(2) Take any action based upon a final fiscal audit of a	94725
provider.	94726

(C) Any party who is adversely affected by the issuance of an	94727
adjudication order under division (B) of this section may appeal	94728
to the court of common pleas of Franklin county in accordance with	94729
section 119.12 of the Revised Code.	94730

(D) The department is not required to comply with division	94731
(B)(1) of this section whenever any of the following occur:	94732

(1) The terms of a provider agreement require the provider to	94733
hold a license, permit, or certificate or maintain a	94734
certification issued by an official, board, commission,	94735
department, division, bureau, or other agency of state or federal	94736
government other than the department of job and family services,	94737
and the license, permit, certificate, or certification has been	94738
denied, revoked, not renewed, suspended, or otherwise limited.	94739

(2) The terms of a provider agreement require the provider to	94740
hold a license, permit, or certificate or maintain certification	94741
issued by an official, board, commission, department, division,	94742
bureau, or other agency of state or federal government other than	94743
the department of job and family services, and the provider has	94744
not obtained the license, permit, certificate, or certification.	94745

(3) The provider agreement is denied, terminated, or not	94746
renewed due to the termination, refusal to renew, or denial of a	94747
license, permit, certificate, or certification by an official,	94748
board, commission, department, division, bureau, or other agency	94749
of this state other than the department of job and family	94750
services, notwithstanding the fact that the provider may hold a	94751
license, permit, certificate, or certification from an official,	94752
board, commission, department, division, bureau, or other agency	94753
of another state.	94754

(4) The provider agreement is denied, terminated, or not	94755
renewed pursuant to division (C) or (F) of section 5111.03 of the	94756
Revised Code;.	94757

(5) The provider agreement is denied, terminated, or not	94758
renewed due to the provider's termination, suspension, or	94759
exclusion from the medicare program established under Title XVIII	94760
of the "Social Security Act," and the termination, suspension, or	94761
exclusion is binding on the provider's participation in the	94762
medicaid program;.	94763

(6) The provider agreement is denied, terminated, or not	94764
renewed due to the provider's pleading guilty to or being	94765
convicted of a criminal activity materially related to either the	94766
medicare or medicaid program;.	94767

(7) The provider agreement is denied, terminated, or	94768
suspended as a result of action by the United States department of	94769
health and human services and that action is binding on the	94770
provider's participation in the medicaid program;.	94771

(8) The provider agreement is suspended pursuant to section	94772
5111.031 of the Revised Code pending indictment of the provider.	94773

(9) The provider agreement is denied, terminated, or not	94774
renewed because the provider or its owner, officer, authorized	94775
agent, associate, manager, or employee has been convicted of one	94776
of the offenses that caused the provider agreement to be	94777
suspended pursuant to section 5111.031 of the Revised Code.	94778

(10) The provider agreement is converted under section	94779
5111.028 of the Revised Code from a provider agreement that is not	94780
time-limited to a provider agreement that is time-limited.	94781

(11) The provider agreement is terminated or an application	94782
for re-enrollment is denied because the provider has failed to	94783
apply for re-enrollment within the time or in the manner specified	94784
for re-enrollment pursuant to section 5111.028 of the Revised	94785
Code.	94786

(12) The provider agreement is terminated or not renewed	94787
because the provider has not billed or otherwise submitted a	94788
medicaid claim to the department for two years or longer~~, and the~~	94789
~~department has determined that the provider has moved from the~~	94790
~~address on record with the department without leaving an active~~	94791
~~forwarding address with the department~~.	94792

(13) The provider agreement is denied, terminated, or not	94793
renewed because the provider fails to provide to the department	94794
the national provider identifier assigned the provider by the	94795
national provider system pursuant to 45 C.F.R. 162. 408.	94796

In the case of a provider described in division (D)(12) or	94797
(13) of this section, the department may ~~terminate or not renew~~	94798
~~the~~take its proposed action against a provider agreement by	94799
sending a notice explaining the ~~department's~~ proposed action to	94800
the provider. The notice shall be sent to the provider's address	94801
on record with the department. ~~The~~In the case of a provider	94802
described in division (D)(12) of this section, the notice may be	94803
sent by regular mail. In the case of a provider described in	94804
division (D)(13) of this section, the notice shall be sent by	94805
certified mail.	94806

(E) The department may withhold payments for services	94807
rendered by a medicaid provider under the ~~medical assistance~~	94808
medicaid program during the pendency of proceedings initiated	94809
under division (B)(1) of this section. If the proceedings are	94810
initiated under division (B)(2) of this section, the department	94811
may withhold payments only to the extent that they equal amounts	94812
determined in a final fiscal audit as being due the state. This	94813
division does not apply if the department fails to comply with	94814
section 119.07 of the Revised Code, requests a continuance of the	94815
hearing, or does not issue a decision within thirty days after the	94816
hearing is completed. This division does not apply to nursing	94817
facilities and intermediate care facilities for the mentally	94818
retarded as defined in section 5111.20 of the Revised Code.	94819

Sec. 5111.176. (A) As used in this section:

94820

(1) "Medicaid health insuring corporation" means a health	94821
insuring corporation that holds a certificate of authority under	94822
Chapter 1751. of the Revised Code and has entered into a contract	94823
with the department of job and family services pursuant to section	94824
5111.17 of the Revised Code.	94825

(2) "Managed care premium" means any premium payment,	94826
capitation payment, or other payment a medicaid health insuring	94827
corporation receives for providing, or arranging for the provision	94828
of, health care services to its members or enrollees residing in	94829
this state.	94830

(B) Except as provided in division (C) of this section, all	94831
of the following apply:	94832

(1) Each medicaid health insuring corporation shall pay to	94833
the department of job and family services a franchise permit fee	94834
for the period December 1, 2005, through December 31, 2005, and	94835
each calendar quarter occurring ~~thereafter~~between January 1,	94836
2006, and September 30, 2009.	94837

(2) The fee to be paid is an amount that is equal to a	94838
percentage of the managed care premiums the medicaid health	94839
insuring corporation received in the period December 1, 2005,	94840
through December 31, 2005, and in the subsequent quarter to which	94841
the fee applies, excluding the amount of any managed care premiums	94842
the corporation returned or refunded to enrollees, members, or	94843
premium payers during the period December 1, 2005, through	94844
December 31, 2005, or the subsequent quarter to which the fee	94845
applies.	94846

(3) The percentage to be used in calculating the fee shall be	94847
four and one-half per cent, unless the department adopts rules	94848
under division (L) of this section decreasing the percentage below	94849
four and one-half per cent or increasing the percentage to not	94850
more than six per cent.	94851

(C) The department shall reduce the franchise permit fee	94852
imposed under this section or terminate its collection of the fee	94853
if the department determines either of the following:	94854

(1) That the reduction or termination is required to comply	94855
with federal statutes or regulations;	94856

(2) That the fee does not qualify as a state share of	94857
medicaid expenditures eligible for federal financial	94858
participation.	94859

(D) The franchise permit fee shall be paid on or before the	94860
thirtieth day following the end of the period December 1, 2005,	94861
through December 31, 2005, or the calendar quarter to which the	94862
fee applies. At the time the fee is submitted, the medicaid health	94863
insuring corporation shall file with the department a report on a	94864
form prescribed by the department. The corporation shall provide	94865
on the form all information required by the department and shall	94866
include with the form any necessary supporting documentation.	94867

(E) The department may audit the records of any medicaid	94868
health insuring corporation to determine whether the corporation	94869
is in compliance with this section. The department may audit the	94870
records that pertain to the period December 1, 2005, through	94871
December 31, 2005, or a particular calendar quarter, at any time	94872
during the five years following the date the franchise permit fee	94873
payment for that period or quarter was due.	94874

(F)(1) A medicaid health insuring corporation that does not	94875
pay the franchise permit fee in full by the date the payment is	94876
due is subject to any or all of the following:	94877

(a) A monetary penalty in the amount of five hundred dollars	94878
for each day any part of the fee remains unpaid, except that the	94879
penalty shall not exceed an amount equal to five per cent of the	94880
total fee that was due;	94881

(b) Withholdings from future managed care premiums pursuant	94882
to division (G) of this section;	94883

(c) Termination of the corporation's medicaid provider	94884
agreement pursuant to division (H) of this section.	94885

(2) Penalties imposed under division (F)(1)(a) of this	94886
section are in addition to and not in lieu of the franchise permit	94887
fee.	94888

(G) If a medicaid health insuring corporation fails to pay	94889
the full amount of its franchise permit fee when due, or the full	94890
amount of a penalty imposed under division (F)(1)(a) of this	94891
section, the department may withhold an amount equal to the	94892
remaining amount due from any future managed care premiums to be	94893
paid to the corporation under the medicaid program. The department	94894
may withhold amounts under this division without providing notice	94895
to the corporation. The amounts may be withheld until the amount	94896
due has been paid.	94897

(H) The department may commence actions to terminate a	94898
medicaid health insuring corporation's medicaid provider	94899
agreement, and may terminate the agreement subject to division (I)	94900
of this section, if the corporation does any of the following:	94901

(1) Fails to pay its franchise permit fee or fails to pay the	94902
fee promptly;	94903

(2) Fails to pay a penalty imposed under division (F)(1)(a)	94904
of this section or fails to pay the penalty promptly;	94905

(3) Fails to cooperate with an audit conducted under division	94906
(E) of this section.	94907

(I) At the request of a medicaid health insuring corporation,	94908
the department shall grant the corporation a hearing in accordance	94909
with Chapter 119. of the Revised Code, if either of the following	94910
is the case:	94911

(1) The department has determined that the corporation owes	94912
an additional franchise permit fee or penalty as the result of an	94913
audit conducted under division (E) of this section.	94914

(2) The department is proposing to terminate the	94915
corporation's medicaid provider agreement and the provisions of	94916
section 5111.06 of the Revised Code requiring an adjudication in	94917
accordance with Chapter 119. of the Revised Code are applicable.	94918

(J)(1) At the request of a medicaid corporation, the	94919
department shall grant the corporation a reconsideration of any	94920
issue that arises out of the provisions of this section and is not	94921
subject to division (I) of this section. The department's decision	94922
at the conclusion of the reconsideration is not subject to appeal	94923
under Chapter 119. of the Revised Code or any other provision of	94924
the Revised Code.	94925

(2) In conducting a reconsideration, the department shall do	94926
at least the following:	94927

(a) Specify the time frames within which a corporation must	94928
act in order to exercise its opportunity for a reconsideration;	94929

(b) Permit the corporation to present written arguments or	94930
other materials that support the corporation's position.	94931

(K) There is hereby created in the state treasury the managed	94932
care assessment fund. Money collected from the franchise permit	94933
fees and penalties imposed under this section shall be credited to	94934
the fund. The department shall use the money in the fund to pay	94935
for medicaid services, the department's administrative costs, and	94936
contracts with medicaid health insuring corporations.	94937

(L) The director of job and family services may adopt rules	94938
to implement and administer this section. The rules shall be	94939
adopted in accordance with Chapter 119. of the Revised Code.	94940

Sec. 5111.222. (A) Except as otherwise provided by sections	94941
5111.20 to 5111.33 of the Revised Code and by division (B) of this	94942
section, the payments that the department of job and family	94943
services shall agree to make to the provider of a nursing facility	94944
pursuant to a provider agreement shall equal the sum of all of the	94945
following:	94946

(1) The rate for direct care costs determined for the nursing	94947
facility under section 5111.231 of the Revised Code;	94948

(2) The rate for ancillary and support costs determined for	94949
the nursing facility's ancillary and support cost peer group under	94950
section 5111.24 of the Revised Code;	94951

(3) The rate for tax costs determined for the nursing	94952
facility under section 5111.242 of the Revised Code;	94953

(4) The rate for franchise permit fees determined for the	94954
nursing facility under section 5111.243 of the Revised Code;	94955

(5) The quality incentive payment paid to the nursing	94956
facility under section 5111.244 of the Revised Code;	94957

(6) The ~~median~~ rate for capital costs determined for the	94958
nursing ~~facilities in the nursing facility's capital costs peer~~	94959
~~group as determined~~facility under section 5111.25 of the Revised	94960
Code.	94961

(B) The department shall adjust the rates otherwise	94962
determined under divisions (A)(1), (2), (3), and (6) of this	94963
section as directed by the general assembly through the enactment	94964
of law governing medicaid payments to providers of nursing	94965
facilities, including any law that does either of the following:	94966

(1) Establishes factors by which the rates are to be	94967
adjusted;	94968

(2) Establishes a methodology for phasing in the rates	94969
determined for fiscal year 2006 under uncodified law the general	94970
assembly enacts to rates determined for subsequent fiscal years	94971
under sections 5111.20 to 5111.33 of the Revised Code.	94972

Sec. 5111.231. (A) As used in this section, "applicable	94973
calendar year" means the following:	94974

(1) For the purpose of the department of job and family	94975
services' initial determination under division (D) of this section	94976
of each peer group's cost per case-mix unit, calendar year 2003;	94977

(2) For the purpose of the department's subsequent	94978
determinations under division (D) of this section of each peer	94979
group's cost per case-mix unit, the calendar year the department	94980
selects.	94981

(B) The department of job and family services shall pay a	94982
provider for each of the provider's eligible nursing facilities a	94983
per resident per day rate for direct care costs determined	94984
semiannually by multiplying the cost per case-mix unit determined	94985
under division (D) of this section for the facility's peer group	94986
by the facility's semiannual case-mix score determined under	94987
section 5111.232 of the Revised Code.	94988

(C) For the purpose of determining nursing facilities' rate	94989
for direct care costs, the department shall establish three peer	94990
groups.	94991

Each nursing facility located in any of the following	94992
counties shall be placed in peer group one: Brown, Butler,	94993
Clermont, Clinton, Hamilton, and Warren.	94994

Each nursing facility located in any of the following	94995
counties shall be placed in peer group two: Ashtabula, Champaign,	94996
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	94997
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	94998
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	94999
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	95000
and Wood.	95001

Each nursing facility located in any of the following	95002
counties shall be placed in peer group three: Adams, Allen,	95003
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	95004
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	95005
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	95006
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	95007
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	95008
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	95009
Washington, Wayne, Williams, and Wyandot.	95010

(D)(1) At least once every ten years, the department shall	95011
determine a cost per case-mix unit for each peer group established	95012
under division (C) of this section. A cost per case-mix unit	95013
determined under this division for a peer group shall be used for	95014
subsequent years until the department redetermines it. To	95015
determine a peer group's cost per case-mix unit, the department	95016
shall do all of the following:	95017

(a) Determine the cost per case-mix unit for each nursing	95018
facility in the peer group for the applicable calendar year by	95019
dividing each facility's desk-reviewed, actual, allowable, per	95020
diem direct care costs for the applicable calendar year by the	95021
facility's annual average case-mix score determined under section	95022
5111.232 of the Revised Code for the applicable calendar year.	95023

(b) Subject to division (D)(2) of this section, identify	95024
which nursing facility in the peer group is at the twenty-fifth	95025
percentile of the cost per case-mix units determined under	95026
division (D)(1)(a) of this section.	95027

(c) Calculate the amount that is seven per cent above the	95028
cost per case-mix unit determined under division (D)(1)(a) of this	95029
section for the nursing facility identified under division	95030
(D)(1)(b) of this section.	95031

(d) Multiply the amount calculated under division (D)(1)(c)	95032
of this section by the rate of inflation for the eighteen-month	95033
period beginning on the first day of July of the applicable	95034
calendar year and ending the last day of December of the calendar	95035
year immediately following the applicable calendar year using the	95036
~~employment cost index for total compensation, health services~~	95037
~~component, published by the United States bureau of labor~~	95038
~~statistics~~inflation measuring system or inflation factor the	95039
director of job and family services shall specify in rules	95040
adopted under section 5111.02 of the Revised Code.	95041

(2) In making the identification under division (D)(1)(b) of	95042
this section, the department shall exclude both of the following:	95043

(a) Nursing facilities that participated in the medicaid	95044
program under the same provider for less than twelve months in the	95045
applicable calendar year;	95046

(b) Nursing facilities whose cost per case-mix unit is more	95047
than one standard deviation from the mean cost per case-mix unit	95048
for all nursing facilities in the nursing facility's peer group	95049
for the applicable calendar year.	95050

(3) The department shall not redetermine a peer group's cost	95051
per case-mix unit under this division based on additional	95052
information that it receives after the peer group's per case-mix	95053
unit is determined. The department shall redetermine a peer	95054
group's cost per case-mix unit only if it made an error in	95055
determining the peer group's cost per case-mix unit based on	95056
information available to the department at the time of the	95057
original determination.	95058

Sec. 5111.232. (A)(1) The department of job and family	95059
services shall determine semiannual and annual average case-mix	95060
scores for nursing facilities by using all of the following:	95061

(a) Data from a resident assessment instrument specified in	95062
rules adopted under section 5111.02 of the Revised Code pursuant	95063
to section 1919(e)(5) of the "Social Security Act," 49 Stat. 620	95064
(1935), 42 U.S.C.A. 1396r(e)(5), as amended, for the following	95065
residents:	95066

(i) When determining ~~semi-annual~~semiannual case-mix scores,	95067
each resident who is a medicaid recipient;	95068

(ii) When determining annual average case-mix scores, each	95069
resident regardless of payment source.	95070

(b) Except as provided in rules authorized by ~~division~~	95071
divisions (A)(2)(a) and (b) of this section, the case-mix values	95072
established by the United States department of health and human	95073
services;	95074

(c) Except as modified in rules authorized by division	95075
(A)(2)(c) of this section, the grouper methodology used on June	95076
30, 1999, by the United States department of health and human	95077
services for prospective payment of skilled nursing facilities	95078
under the medicare program established by Title XVIII.	95079

(2) The director of job and family services may adopt rules	95080
under section 5111.02 of the Revised Code that do any of the	95081
following:	95082

(a) Adjust the case-mix values specified in division	95083
(A)(1)(b) of this section to reflect changes in relative wage	95084
differentials that are specific to this state;	95085

(b) Express all of those case-mix values in numeric terms	95086
that are different from the terms specified by the United States	95087
department of health and human services but that do not alter the	95088
relationship of the case-mix values to one another;	95089

(c) Modify the grouper methodology specified in division	95090
(A)(1)(c) of this section as follows:	95091

(i) Establish a different hierarchy for assigning residents	95092
to case-mix categories under the methodology;	95093

(ii) Prohibit the use of the index maximizer element of the	95094
methodology;	95095

(iii) Incorporate changes to the methodology the United	95096
States department of health and human services makes after June	95097
30, 1999;	95098

(iv) Make other changes the department determines are	95099
necessary.	95100

(B) The department shall determine case-mix scores for	95101
intermediate care facilities for the mentally retarded using data	95102
for each resident, regardless of payment source, from a resident	95103
assessment instrument and grouper methodology prescribed in rules	95104
adopted under section 5111.02 of the Revised Code and expressed in	95105
case-mix values established by the department in those rules.	95106

(C) Each calendar quarter, each provider shall compile	95107
complete assessment data, from the resident assessment instrument	95108
specified in rules authorized by division (A) or (B) of this	95109
section, for each resident of each of the provider's facilities,	95110
regardless of payment source, who was in the facility or on	95111
hospital or therapeutic leave from the facility on the last day of	95112
the quarter. Providers of a nursing facility shall submit the data	95113
to the department of health and, if required by rules, the	95114
department of job and family services. Providers of an	95115
intermediate care facility for the mentally retarded shall submit	95116
the data to the department of job and family services. The data	95117
shall be submitted not later than fifteen days after the end of	95118
the calendar quarter for which the data is compiled.	95119

Except as provided in division (D) of this section, the	95120
department, every six months and after the end of each calendar	95121
year, shall calculate a semiannual and annual average case-mix	95122
score for each nursing facility using the facility's quarterly	95123
case-mix scores for that six-month period or calendar year. Also	95124
except as provided in division (D) of this section, the	95125
department, after the end of each calendar year, shall calculate	95126
an annual average case-mix score for each intermediate care	95127
facility for the mentally retarded using the facility's quarterly	95128
case-mix scores for that calendar year. The department shall make	95129
the calculations pursuant to procedures specified in rules adopted	95130
under section 5111.02 of the Revised Code.	95131

(D)(1) If a provider does not timely submit information for a	95132
calendar quarter necessary to calculate a facility's case-mix	95133
score, or submits incomplete or inaccurate information for a	95134
calendar quarter, the department may assign the facility a	95135
quarterly average case-mix score that is five per cent less than	95136
the facility's quarterly average case-mix score for the preceding	95137
calendar quarter. If the facility was subject to an exception	95138
review under division (C) of section 5111.27 of the Revised Code	95139
for the preceding calendar quarter, the department may assign a	95140
quarterly average case-mix score that is five per cent less than	95141
the score determined by the exception review. If the facility was	95142
assigned a quarterly average case-mix score for the preceding	95143
quarter, the department may assign a quarterly average case-mix	95144
score that is five per cent less than that score assigned for the	95145
preceding quarter.	95146

The department may use a quarterly average case-mix score	95147
assigned under division (D)(1) of this section, instead of a	95148
quarterly average case-mix score calculated based on the	95149
provider's submitted information, to calculate the facility's rate	95150
for direct care costs being established under section 5111.23 or	95151
5111.231 of the Revised Code for one or more months, as specified	95152
in rules authorized by division (E) of this section, of the	95153
quarter for which the rate established under section 5111.23 or	95154
5111.231 of the Revised Code will be paid.	95155

Before taking action under division (D)(1) of this section,	95156
the department shall permit the provider a reasonable period of	95157
time, specified in rules authorized by division (E) of this	95158
section, to correct the information. In the case of an	95159
intermediate care facility for the mentally retarded, the	95160
department shall not assign a quarterly average case-mix score due	95161
to late submission of corrections to assessment information unless	95162
the provider fails to submit corrected information prior to the	95163
eighty-first day after the end of the calendar quarter to which	95164
the information pertains. In the case of a nursing facility, the	95165
department shall not assign a quarterly average case-mix score due	95166
to late submission of corrections to assessment information unless	95167
the provider fails to submit corrected information prior to the	95168
earlier of the ~~eighty-first~~forty-sixth day after the end of the	95169
calendar quarter to which the information pertains or the deadline	95170
for submission of such corrections established by regulations	95171
adopted by the United States department of health and human	95172
services under Titles XVIII and XIX.	95173

(2) If a provider is paid a rate for a facility calculated	95174
using a quarterly average case-mix score assigned under division	95175
(D)(1) of this section for more than six months in a calendar	95176
year, the department may assign the facility a cost per case-mix	95177
unit that is five per cent less than the facility's actual or	95178
assigned cost per case-mix unit for the preceding calendar year.	95179
The department may use the assigned cost per case-mix unit,	95180
instead of calculating the facility's actual cost per case-mix	95181
unit in accordance with section 5111.23 or 5111.231 of the Revised	95182
Code, to establish the facility's rate for direct care costs for	95183
the following fiscal year.	95184

(3) The department shall take action under division (D)(1) or	95185
(2) of this section only in accordance with rules authorized by	95186
division (E) of this section. The department shall not take an	95187
action that affects rates for prior payment periods except in	95188
accordance with sections 5111.27 and 5111.28 of the Revised Code.	95189

(E) The director shall adopt rules under section 5111.02 of	95190
the Revised Code that do all of the following:	95191

(1) Specify whether providers of a nursing facility must	95192
submit the assessment data to the department of job and family	95193
services;	95194

(2) Specify the medium or media through which the completed	95195
assessment data shall be submitted;	95196

(3) Establish procedures under which the assessment data	95197
shall be reviewed for accuracy and providers shall be notified of	95198
any data that requires correction;	95199

(4) Establish procedures for providers to correct assessment	95200
data and specify a reasonable period of time by which providers	95201
shall submit the corrections. The procedures may limit the content	95202
of corrections by providers of nursing facilities in the manner	95203
required by regulations adopted by the United States department of	95204
health and human services under Titles XVIII and XIX.	95205

(5) Specify when and how the department will assign case-mix	95206
scores or costs per case-mix unit under division (D) of this	95207
section if information necessary to calculate the facility's	95208
case-mix score is not provided or corrected in accordance with the	95209
procedures established by the rules. Notwithstanding any other	95210
provision of sections 5111.20 to 5111.33 of the Revised Code, the	95211
rules also may provide for the following:	95212

(a) Exclusion of case-mix scores assigned under division (D)	95213
of this section from calculation of an intermediate care facility	95214
for the mentally retarded's annual average case-mix score and the	95215
maximum cost per case-mix unit for the facility's peer group;	95216

(b) Exclusion of case-mix scores assigned under division (D)	95217
of this section from calculation of a nursing facility's	95218
semiannual or annual average case-mix score and the cost per	95219
case-mix unit for the facility's peer group.	95220

Sec. 5111.236. (A) As used in this section, "medically	95221
fragile child" means an individual under eighteen years of age who	95222
requires both of the following:	95223

(1) The services of a doctor of medicine or osteopathic	95224
medicine at least once a week due to the instability of the	95225
individual's medical condition;	95226

(2) The services of a registered nurse on a daily basis.

95227

(B) The medicaid program shall cover oxygen services that a	95228
medical supplier with a valid medicaid provider agreement provides	95229
to a medicaid recipient who is a medically fragile child and	95230
resides in an intermediate care facility for the mentally	95231
retarded. The medicaid program shall cover such oxygen services	95232
regardless of any of the following:	95233

(1) The percentage of the medicaid recipient's arterial	95234
oxygen saturation at rest, exercise, or sleep;	95235

(2) The type of system used in delivering the oxygen to the	95236
medicaid recipient;	95237

(3) Whether the intermediate care facility for the mentally	95238
retarded in which the medicaid recipient resides purchases or	95239
rents the equipment used in the delivery of the oxygen to the	95240
recipient.	95241

(C) A medical supplier of an oxygen service shall bill the	95242
department of job and family services directly for oxygen services	95243
the medicaid program covers under this section. The provider of an	95244
intermediate care facility for the mentally retarded may not	95245
include the cost of an oxygen service covered by the medicaid	95246
program under this section in the facility's cost report unless	95247
the facility is the medical supplier of the oxygen service.	95248

Sec. 5111.24. (A) As used in this section, "applicable	95249
calendar year" means the following:	95250

(1) For the purpose of the department of job and family	95251
services' initial determination under division (D) of this section	95252
of each peer group's rate for ancillary and support costs,	95253
calendar year 2003;	95254

(2) For the purpose of the department's subsequent	95255
determinations under division (D) of this section of each peer	95256
group's rate for ancillary and support costs, the calendar year	95257
the department selects.	95258

(B) The department of job and family services shall pay a	95259
provider for each of the provider's eligible nursing facilities a	95260
per resident per day rate for ancillary and support costs	95261
determined for the nursing facility's peer group under division	95262
(D) of this section.	95263

(C) For the purpose of determining nursing facilities' rate	95264
for ancillary and support costs, the department shall establish	95265
six peer groups.	95266

Each nursing facility located in any of the following	95267
counties shall be placed in peer group one or two: Brown, Butler,	95268
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	95269
located in any of those counties that has fewer than one hundred	95270
beds shall be placed in peer group one. Each nursing facility	95271
located in any of those counties that has one hundred or more beds	95272
shall be placed in peer group two.	95273

Each nursing facility located in any of the following	95274
counties shall be placed in peer group three or four: Ashtabula,	95275
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	95276
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	95277
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	95278
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	95279
Union, and Wood. Each nursing facility located in any of those	95280
counties that has fewer than one hundred beds shall be placed in	95281
peer group three. Each nursing facility located in any of those	95282
counties that has one hundred or more beds shall be placed in peer	95283
group four.	95284

Each nursing facility located in any of the following	95285
counties shall be placed in peer group five or six: Adams, Allen,	95286
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	95287
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	95288
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	95289
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	95290
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	95291
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	95292
Washington, Wayne, Williams, and Wyandot. Each nursing facility	95293
located in any of those counties that has fewer than one hundred	95294
beds shall be placed in peer group five. Each nursing facility	95295
located in any of those counties that has one hundred or more beds	95296
shall be placed in peer group six.	95297

(D)(1) At least once every ten years, the department shall	95298
determine the rate for ancillary and support costs for each peer	95299
group established under division (C) of this section. The rate for	95300
ancillary and support costs determined under this division for a	95301
peer group shall be used for subsequent years until the department	95302
redetermines it. To determine a peer group's rate for ancillary	95303
and support costs, the department shall do all of the following:	95304

(a) Determine the rate for ancillary and support costs for	95305
each nursing facility in the peer group for the applicable	95306
calendar year by using the greater of the nursing facility's	95307
actual inpatient days for the applicable calendar year or the	95308
inpatient days the nursing facility would have had for the	95309
applicable calendar year if its occupancy rate had been ninety per	95310
cent. For the purpose of determining a nursing facility's	95311
occupancy rate under division (D)(1)(a) of this section, the	95312
department shall include any beds that the nursing facility	95313
removes from its medicaid-certified capacity unless the nursing	95314
facility also removes the beds from its licensed bed capacity.	95315

(b) Subject to division (D)(2) of this section, identify	95316
which nursing facility in the peer group is at the twenty-fifth	95317
percentile of the rate for ancillary and support costs for the	95318
applicable calendar year determined under division (D)(1)(a) of	95319
this section.	95320

(c) Calculate the amount that is three per cent above the	95321
rate for ancillary and support costs determined under division	95322
(D)(1)(a) of this section for the nursing facility identified	95323
under division (D)(1)(b) of this section.	95324

(d) Multiply the amount calculated under division (D)(1)(c)	95325
of this section by the rate of inflation for the eighteen-month	95326
period beginning on the first day of July of the applicable	95327
calendar year and ending the last day of December of the calendar	95328
year immediately following the applicable calendar year using the	95329
~~consumer price index for all items for all urban consumers for the~~	95330
~~north central region, published by the United States bureau of~~	95331
~~labor statistics~~inflation measuring system or inflation factor	95332
the director of job and family services shall specify in rules	95333
adopted under section 5111.02 of the Revised Code.	95334

(2) In making the identification under division (D)(1)(b) of	95335
this section, the department shall exclude both of the following:	95336

(a) Nursing facilities that participated in the medicaid	95337
program under the same provider for less than twelve months in the	95338
applicable calendar year;	95339

(b) Nursing facilities whose ancillary and support costs are	95340
more than one standard deviation from the mean desk-reviewed,	95341
actual, allowable, per diem ancillary and support cost for all	95342
nursing facilities in the nursing facility's peer group for the	95343
applicable calendar year.	95344

(3) The department shall not redetermine a peer group's rate	95345
for ancillary and support costs under this division based on	95346
additional information that it receives after the rate is	95347
determined. The department shall redetermine a peer group's rate	95348
for ancillary and support costs only if it made an error in	95349
determining the rate based on information available to the	95350
department at the time of the original determination.	95351

Sec. 5111.25. (A) As used in this section, "applicable	95352
calendar year" means the following:	95353

(1) For the purpose of the department of job and family	95354
services' initial determination under division (D) of this section	95355
of each peer group's median rate for capital costs, calendar year	95356
2003;	95357

(2) For the purpose of the department's subsequent	95358
determinations under division (D) of this section of each peer	95359
group's median rate for capital costs, the calendar year the	95360
department selects.	95361

(B) The department of job and family services shall pay a	95362
provider for each of the provider's eligible nursing facilities a	95363
per resident per day rate for capital costs. A nursing facility's	95364
rate for capital costs shall be the greater of the following:	95365

(1) The median rate for capital costs for the nursing	95366
facilities in the nursing facility's peer group as determined	95367
under division (D) of this section;	95368

(2) The sum of the following:

95369

(a) The capital costs portion of the nursing facility's	95370
medicaid reimbursement per diem rate on June 30, 2005, regardless	95371
of whether the nursing facility has undergone a change of	95372
operator, as defined in section 5111.65 of the Revised Code, after	95373
that date or, if the nursing facility did not have a medicaid	95374
reimbursement per diem rate on June 30, 2005, the capital costs	95375
portion of the nursing facility's initial rate established under	95376
section 5111.254 of the Revised Code;	95377

(b) Any per diem for which the nursing facility qualified	95378
under Section 309.30.42 of Am. Sub. H.B. 119 of the 127th general	95379
assembly, as amended by Am. Sub. H.B. 562 of the 127th general	95380
assembly.	95381

(C) For the purpose of determining nursing facilities' median	95382
rate for capital costs, the department shall establish six peer	95383
groups.	95384

Each nursing facility located in any of the following	95385
counties shall be placed in peer group one or two: Brown, Butler,	95386
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	95387
located in any of those counties that has fewer than one hundred	95388
beds shall be placed in peer group one. Each nursing facility	95389
located in any of those counties that has one hundred or more beds	95390
shall be placed in peer group two.	95391

Each nursing facility located in any of the following	95392
counties shall be placed in peer group three or four: Ashtabula,	95393
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	95394
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	95395
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	95396
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	95397
Union, and Wood. Each nursing facility located in any of those	95398
counties that has fewer than one hundred beds shall be placed in	95399
peer group three. Each nursing facility located in any of those	95400
counties that has one hundred or more beds shall be placed in peer	95401
group four.	95402

Each nursing facility located in any of the following	95403
counties shall be placed in peer group five or six: Adams, Allen,	95404
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	95405
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	95406
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	95407
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	95408
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	95409
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	95410
Washington, Wayne, Williams, and Wyandot. Each nursing facility	95411
located in any of those counties that has fewer than one hundred	95412
beds shall be placed in peer group five. Each nursing facility	95413
located in any of those counties that has one hundred or more beds	95414
shall be placed in peer group six.	95415

(D)(1) At least once every ten years, the department shall	95416
determine the median rate for capital costs for each peer group	95417
established under division (C) of this section. The median rate	95418
for capital costs determined under this division for a peer group	95419
shall be used for subsequent years until the department	95420
redetermines it. To determine a peer group's median rate for	95421
capital costs, the department shall do both of the following:	95422

(a) Subject to division (D)(2) of this section, use the	95423
greater of each nursing facility's actual inpatient days for the	95424
applicable calendar year or the inpatient days the nursing	95425
facility would have had for the applicable calendar year if its	95426
occupancy rate had been one hundred per cent.	95427

(b) Exclude both of the following:

95428

(i) Nursing facilities that participated in the medicaid	95429
program under the same provider for less than twelve months in the	95430
applicable calendar year;	95431

(ii) Nursing facilities whose capital costs are more than one	95432
standard deviation from the mean desk-reviewed, actual, allowable,	95433
per diem capital cost for all nursing facilities in the nursing	95434
facility's peer group for the applicable calendar year.	95435

(2) For the purpose of determining a nursing facility's	95436
occupancy rate under division (D)(1)(a) of this section, the	95437
department shall include any beds that the nursing facility	95438
removes from its medicaid-certified capacity after June 30, 2005,	95439
unless the nursing facility also removes the beds from its	95440
licensed bed capacity.	95441

(E) Buildings shall be depreciated using the straight line	95442
method over forty years or over a different period approved by the	95443
department. Components and equipment shall be depreciated using	95444
the straight-line method over a period designated in rules adopted	95445
under section 5111.02 of the Revised Code, consistent with the	95446
guidelines of the American hospital association, or over a	95447
different period approved by the department. Any rules authorized	95448
by this division that specify useful lives of buildings,	95449
components, or equipment apply only to assets acquired on or after	95450
July 1, 1993. Depreciation for costs paid or reimbursed by any	95451
government agency shall not be included in capital costs unless	95452
that part of the payment under sections 5111.20 to 5111.33 of the	95453
Revised Code is used to reimburse the government agency.	95454

(F) The capital cost basis of nursing facility assets shall	95455
be determined in the following manner:	95456

(1) Except as provided in division (F)(3) of this section,	95457
for purposes of calculating the rates to be paid for facilities	95458
with dates of licensure on or before June 30, 1993, the capital	95459
cost basis of each asset shall be equal to the desk-reviewed,	95460
actual, allowable, capital cost basis that is listed on the	95461
facility's cost report for the calendar year preceding the fiscal	95462
year during which the rate will be paid.	95463

(2) For facilities with dates of licensure after June 30,	95464
1993, the capital cost basis shall be determined in accordance	95465
with the principles of the medicare program established under	95466
Title XVIII, except as otherwise provided in sections 5111.20 to	95467
5111.33 of the Revised Code.	95468

(3) Except as provided in division (F)(4) of this section, if	95469
a provider transfers an interest in a facility to another provider	95470
after June 30, 1993, there shall be no increase in the capital	95471
cost basis of the asset if the providers are related parties or	95472
the provider to which the interest is transferred authorizes the	95473
provider that transferred the interest to continue to operate the	95474
facility under a lease, management agreement, or other	95475
arrangement. If the previous sentence does not prohibit the	95476
adjustment of the capital cost basis under this division, the	95477
basis of the asset shall be adjusted by the lesser of the	95478
following:	95479

(a) One-half of the change in construction costs during the	95480
time that the transferor held the asset, as calculated by the	95481
department of job and family services using the "Dodge building	95482
cost indexes, northeastern and north central states," published by	95483
Marshall and Swift;	95484

(b) One-half of the change in the consumer price index for	95485
all items for all urban consumers, as published by the United	95486
States bureau of labor statistics, during the time that the	95487
transferor held the asset.	95488

(4) If a provider transfers an interest in a facility to	95489
another provider who is a related party, the capital cost basis of	95490
the asset shall be adjusted as specified in division (F)(3) of	95491
this section if all of the following conditions are met:	95492

(a) The related party is a relative of owner;

95493

(b) Except as provided in division (F)(4)(c)(ii) of this	95494
section, the provider making the transfer retains no ownership	95495
interest in the facility;	95496

(c) The department of job and family services determines that	95497
the transfer is an arm's length transaction pursuant to rules	95498
adopted under section 5111.02 of the Revised Code. The rules shall	95499
provide that a transfer is an arm's length transaction if all of	95500
the following apply:	95501

(i) Once the transfer goes into effect, the provider that	95502
made the transfer has no direct or indirect interest in the	95503
provider that acquires the facility or the facility itself,	95504
including interest as an owner, officer, director, employee,	95505
independent contractor, or consultant, but excluding interest as a	95506
creditor.	95507

(ii) The provider that made the transfer does not reacquire	95508
an interest in the facility except through the exercise of a	95509
creditor's rights in the event of a default. If the provider	95510
reacquires an interest in the facility in this manner, the	95511
department shall treat the facility as if the transfer never	95512
occurred when the department calculates its reimbursement rates	95513
for capital costs.	95514

(iii) The transfer satisfies any other criteria specified in	95515
the rules.	95516

(d) Except in the case of hardship caused by a catastrophic	95517
event, as determined by the department, or in the case of a	95518
provider making the transfer who is at least sixty-five years of	95519
age, not less than twenty years have elapsed since, for the same	95520
facility, the capital cost basis was adjusted most recently under	95521
division (F)(4) of this section or actual, allowable cost of	95522
ownership was determined most recently under division (G)(9) of	95523
this section.	95524

(G) As used in this division:

95525

"Imputed interest" means the lesser of the prime rate plus	95526
two per cent or ten per cent.	95527

"Lease expense" means lease payments in the case of an	95528
operating lease and depreciation expense and interest expense in	95529
the case of a capital lease.	95530

"New lease" means a lease, to a different lessee, of a	95531
nursing facility that previously was operated under a lease.	95532

(1) Subject to division (B) of this section, for a lease of a	95533
facility that was effective on May 27, 1992, the entire lease	95534
expense is an actual, allowable capital cost during the term of	95535
the existing lease. The entire lease expense also is an actual,	95536
allowable capital cost if a lease in existence on May 27, 1992, is	95537
renewed under either of the following circumstances:	95538

(a) The renewal is pursuant to a renewal option that was in	95539
existence on May 27, 1992;	95540

(b) The renewal is for the same lease payment amount and	95541
between the same parties as the lease in existence on May 27,	95542
1992.	95543

(2) Subject to division (B) of this section, for a lease of a	95544
facility that was in existence but not operated under a lease on	95545
May 27, 1992, actual, allowable capital costs shall include the	95546
lesser of the annual lease expense or the annual depreciation	95547
expense and imputed interest expense that would be calculated at	95548
the inception of the lease using the lessor's entire historical	95549
capital asset cost basis, adjusted by the lesser of the following	95550
amounts:	95551

(a) One-half of the change in construction costs during the	95552
time the lessor held each asset until the beginning of the lease,	95553
as calculated by the department using the "Dodge building cost	95554
indexes, northeastern and north central states," published by	95555
Marshall and Swift;	95556

(b) One-half of the change in the consumer price index for	95557
all items for all urban consumers, as published by the United	95558
States bureau of labor statistics, during the time the lessor held	95559
each asset until the beginning of the lease.	95560

(3) Subject to division (B) of this section, for a lease of a	95561
facility with a date of licensure on or after May 27, 1992, that	95562
is initially operated under a lease, actual, allowable capital	95563
costs shall include the annual lease expense if there was a	95564
substantial commitment of money for construction of the facility	95565
after December 22, 1992, and before July 1, 1993. If there was not	95566
a substantial commitment of money after December 22, 1992, and	95567
before July 1, 1993, actual, allowable capital costs shall include	95568
the lesser of the annual lease expense or the sum of the	95569
following:	95570

(a) The annual depreciation expense that would be calculated	95571
at the inception of the lease using the lessor's entire historical	95572
capital asset cost basis;	95573

(b) The greater of the lessor's actual annual amortization of	95574
financing costs and interest expense at the inception of the lease	95575
or the imputed interest expense calculated at the inception of the	95576
lease using seventy per cent of the lessor's historical capital	95577
asset cost basis.	95578

(4) Subject to division (B) of this section, for a lease of a	95579
facility with a date of licensure on or after May 27, 1992, that	95580
was not initially operated under a lease and has been in existence	95581
for ten years, actual, allowable capital costs shall include the	95582
lesser of the annual lease expense or the annual depreciation	95583
expense and imputed interest expense that would be calculated at	95584
the inception of the lease using the entire historical capital	95585
asset cost basis of the lessor, adjusted by the lesser of the	95586
following:	95587

(a) One-half of the change in construction costs during the	95588
time the lessor held each asset until the beginning of the lease,	95589
as calculated by the department using the "Dodge building cost	95590
indexes, northeastern and north central states," published by	95591
Marshall and Swift;	95592

(b) One-half of the change in the consumer price index for	95593
all items for all urban consumers, as published by the United	95594
States bureau of labor statistics, during the time the lessor held	95595
each asset until the beginning of the lease.	95596

(5) Subject to division (B) of this section, for a new lease	95597
of a facility that was operated under a lease on May 27, 1992,	95598
actual, allowable capital costs shall include the lesser of the	95599
annual new lease expense or the annual old lease payment. If the	95600
old lease was in effect for ten years or longer, the old lease	95601
payment from the beginning of the old lease shall be adjusted by	95602
the lesser of the following:	95603

(a) One-half of the change in construction costs from the	95604
beginning of the old lease to the beginning of the new lease, as	95605
calculated by the department using the "Dodge building cost	95606
indexes, northeastern and north central states," published by	95607
Marshall and Swift;	95608

(b) One-half of the change in the consumer price index for	95609
all items for all urban consumers, as published by the United	95610
States bureau of labor statistics, from the beginning of the old	95611
lease to the beginning of the new lease.	95612

(6) Subject to division (B) of this section, for a new lease	95613
of a facility that was not in existence or that was in existence	95614
but not operated under a lease on May 27, 1992, actual, allowable	95615
capital costs shall include the lesser of annual new lease expense	95616
or the annual amount calculated for the old lease under division	95617
(G)(2), (3), (4), or (6) of this section, as applicable. If the	95618
old lease was in effect for ten years or longer, the lessor's	95619
historical capital asset cost basis shall be adjusted by the	95620
lesser of the following for purposes of calculating the annual	95621
amount under division (G)(2), (3), (4), or (6) of this section:	95622

(a) One-half of the change in construction costs from the	95623
beginning of the old lease to the beginning of the new lease, as	95624
calculated by the department using the "Dodge building cost	95625
indexes, northeastern and north central states," published by	95626
Marshall and Swift;	95627

(b) One-half of the change in the consumer price index for	95628
all items for all urban consumers, as published by the United	95629
States bureau of labor statistics, from the beginning of the old	95630
lease to the beginning of the new lease.	95631

In the case of a lease under division (G)(3) of this section	95632
of a facility for which a substantial commitment of money was made	95633
after December 22, 1992, and before July 1, 1993, the old lease	95634
payment shall be adjusted for the purpose of determining the	95635
annual amount.	95636

(7) For any revision of a lease described in division (G)(1),	95637
(2), (3), (4), (5), or (6) of this section, or for any subsequent	95638
lease of a facility operated under such a lease, other than	95639
execution of a new lease, the portion of actual, allowable capital	95640
costs attributable to the lease shall be the same as before the	95641
revision or subsequent lease.	95642

(8) Except as provided in division (G)(9) of this section, if	95643
a provider leases an interest in a facility to another provider	95644
who is a related party or previously operated the facility, the	95645
related party's or previous operator's actual, allowable capital	95646
costs shall include the lesser of the annual lease expense or the	95647
reasonable cost to the lessor.	95648

(9) If a provider leases an interest in a facility to another	95649
provider who is a related party, regardless of the date of the	95650
lease, the related party's actual, allowable capital costs shall	95651
include the annual lease expense, subject to the limitations	95652
specified in divisions (G)(1) to (7) of this section, if all of	95653
the following conditions are met:	95654

(a) The related party is a relative of owner;

95655

(b) If the lessor retains an ownership interest, it is,	95656
except as provided in division (G)(9)(c)(ii) of this section, in	95657
only the real property and any improvements on the real property;	95658

(c) The department of job and family services determines that	95659
the lease is an arm's length transaction pursuant to rules adopted	95660
under section 5111.02 of the Revised Code. The rules shall provide	95661
that a lease is an arm's length transaction if all of the	95662
following apply:	95663

(i) Once the lease goes into effect, the lessor has no direct	95664
or indirect interest in the lessee or, except as provided in	95665
division (G)(9)(b) of this section, the facility itself, including	95666
interest as an owner, officer, director, employee, independent	95667
contractor, or consultant, but excluding interest as a lessor.	95668

(ii) The lessor does not reacquire an interest in the	95669
facility except through the exercise of a lessor's rights in the	95670
event of a default. If the lessor reacquires an interest in the	95671
facility in this manner, the department shall treat the facility	95672
as if the lease never occurred when the department calculates its	95673
reimbursement rates for capital costs.	95674

(iii) The lease satisfies any other criteria specified in the	95675
rules.	95676

(d) Except in the case of hardship caused by a catastrophic	95677
event, as determined by the department, or in the case of a lessor	95678
who is at least sixty-five years of age, not less than twenty	95679
years have elapsed since, for the same facility, the capital cost	95680
basis was adjusted most recently under division (F)(4) of this	95681
section or actual, allowable capital costs were determined most	95682
recently under division (G)(9) of this section.	95683

(10) This division does not apply to leases of specific items	95684
of equipment.	95685

(H) After the date on which a transaction of sale is closed,	95686
the provider shall refund to the department the amount of excess	95687
depreciation paid to the provider for the facility by the	95688
department for each year the provider has operated the facility	95689
under a provider agreement and prorated according to the number of	95690
medicaid patient days for which the provider has received payment	95691
for the facility. The provider of a facility that is sold or that	95692
voluntarily terminates participation in the medicaid program also	95693
shall refund any other amount that the department properly finds	95694
to be due after the audit conducted under this division. For the	95695
purposes of this division, "depreciation paid to the provider for	95696
the facility" means the amount paid to the provider for the	95697
nursing facility for capital costs pursuant to this section less	95698
any amount paid for interest costs, amortization of financing	95699
costs, and lease expenses. For the purposes of this division,	95700
"excess depreciation" is the nursing facility's depreciated basis,	95701
which is the provider's cost less accumulated depreciation,	95702
subtracted from the purchase price net of selling costs but not	95703
exceeding the amount of depreciation paid to the provider for the	95704
facility.	95705

Sec. 5111.261. Except as otherwise provided in section	95706
5111.264 of the Revised Code, the department of job and family	95707
services, in determining whether an intermediate care facility for	95708
the mentally retarded's direct care costs and indirect care costs	95709
are allowable, shall place no limit on specific categories of	95710
reasonable costs other than compensation of owners, compensation	95711
of relatives of owners, and compensation of administrators ~~and~~	95712
~~costs for resident meals that are prepared and consumed outside~~	95713
~~the facility~~.	95714

Compensation cost limits for owners and relatives of owners	95715
shall be based on compensation costs for individuals who hold	95716
comparable positions but who are not owners or relatives of	95717
owners, as reported on facility cost reports. As used in this	95718
section, "comparable position" means the position that is held by	95719
the owner or the owner's relative, if that position is listed	95720
separately on the cost report form, or if the position is not	95721
listed separately, the group of positions that is listed on the	95722
cost report form and that includes the position held by the owner	95723
or the owner's relative. In the case of an owner or owner's	95724
relative who serves the facility in a capacity such as corporate	95725
officer, proprietor, or partner for which no comparable position	95726
or group of positions is listed on the cost report form, the	95727
compensation cost limit shall be based on civil service	95728
equivalents and shall be specified in rules adopted under section	95729
5111.02 of the Revised Code.	95730

Compensation cost limits for administrators shall be based on	95731
compensation costs for administrators who are not owners or	95732
relatives of owners, as reported on facility cost reports.	95733
Compensation cost limits for administrators of four or more	95734
intermediate care facilities for the mentally retarded shall be	95735
the same as the limits for administrators of intermediate care	95736
facilities for the mentally retarded with one hundred fifty or	95737
more beds.	95738

Sec. 5111.65. As used in sections 5111.65 to ~~5111.688~~	95739
5111.689 of the Revised Code:	95740

(A) "Change of operator" means an entering operator becoming	95741
the operator of a nursing facility or intermediate care facility	95742
for the mentally retarded in the place of the exiting operator.	95743

(1) Actions that constitute a change of operator include the	95744
following:	95745

(a) A change in an exiting operator's form of legal	95746
organization, including the formation of a partnership or	95747
corporation from a sole proprietorship;	95748

(b) A transfer of all the exiting operator's ownership	95749
interest in the operation of the facility to the entering	95750
operator, regardless of whether ownership of any or all of the	95751
real property or personal property associated with the facility is	95752
also transferred;	95753

(c) A lease of the facility to the entering operator or the	95754
exiting operator's termination of the exiting operator's lease;	95755

(d) If the exiting operator is a partnership, dissolution of	95756
the partnership;	95757

(e) If the exiting operator is a partnership, a change in	95758
composition of the partnership unless both of the following apply:	95759

(i) The change in composition does not cause the	95760
partnership's dissolution under state law.	95761

(ii) The partners agree that the change in composition does	95762
not constitute a change in operator.	95763

(f) If the operator is a corporation, dissolution of the	95764
corporation, a merger of the corporation into another corporation	95765
that is the survivor of the merger, or a consolidation of one or	95766
more other corporations to form a new corporation.	95767

(2) The following, alone, do not constitute a change of	95768
operator:	95769

(a) A contract for an entity to manage a nursing facility or	95770
intermediate care facility for the mentally retarded as the	95771
operator's agent, subject to the operator's approval of daily	95772
operating and management decisions;	95773

(b) A change of ownership, lease, or termination of a lease	95774
of real property or personal property associated with a nursing	95775
facility or intermediate care facility for the mentally retarded	95776
if an entering operator does not become the operator in place of	95777
an exiting operator;	95778

(c) If the operator is a corporation, a change of one or more	95779
members of the corporation's governing body or transfer of	95780
ownership of one or more shares of the corporation's stock, if the	95781
same corporation continues to be the operator.	95782

(B) "Effective date of a change of operator" means the day	95783
the entering operator becomes the operator of the nursing facility	95784
or intermediate care facility for the mentally retarded.	95785

(C) "Effective date of a facility closure" means the last day	95786
that the last of the residents of the nursing facility or	95787
intermediate care facility for the mentally retarded resides in	95788
the facility.	95789

(D) "Effective date of a voluntary termination" means the day	95790
the intermediate care facility for the mentally retarded ceases to	95791
accept medicaid patients.	95792

(E) "Effective date of a voluntary withdrawal of	95793
participation" means the day the nursing facility ceases to accept	95794
new medicaid patients other than the individuals who reside in the	95795
nursing facility on the day before the effective date of the	95796
voluntary withdrawal of participation.	95797

(F) "Entering operator" means the person or government entity	95798
that will become the operator of a nursing facility or	95799
intermediate care facility for the mentally retarded when a change	95800
of operator occurs.	95801

(G) "Exiting operator" means any of the following:

95802

(1) An operator that will cease to be the operator of a	95803
nursing facility or intermediate care facility for the mentally	95804
retarded on the effective date of a change of operator;	95805

(2) An operator that will cease to be the operator of a	95806
nursing facility or intermediate care facility for the mentally	95807
retarded on the effective date of a facility closure;	95808

(3) An operator of an intermediate care facility for the	95809
mentally retarded that is undergoing or has undergone a voluntary	95810
termination;	95811

(4) An operator of a nursing facility that is undergoing or	95812
has undergone a voluntary withdrawal of participation.	95813

(H)(1) "Facility closure" means discontinuance of the use of	95814
the building, or part of the building, that houses the facility as	95815
a nursing facility or intermediate care facility for the mentally	95816
retarded that results in the relocation of all of the facility's	95817
residents. A facility closure occurs regardless of any of the	95818
following:	95819

(a) The operator completely or partially replacing the	95820
facility by constructing a new facility or transferring the	95821
facility's license to another facility;	95822

(b) The facility's residents relocating to another of the	95823
operator's facilities;	95824

(c) Any action the department of health takes regarding the	95825
facility's certification under Title XIX of the "Social Security	95826
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may	95827
result in the transfer of part of the facility's survey findings	95828
to another of the operator's facilities;	95829

(d) Any action the department of health takes regarding the	95830
facility's license under Chapter 3721. of the Revised Code;	95831

(e) Any action the department of mental retardation and	95832
developmental disabilities takes regarding the facility's license	95833
under section 5123.19 of the Revised Code.	95834

(2) A facility closure does not occur if all of the	95835
facility's residents are relocated due to an emergency evacuation	95836
and one or more of the residents return to a medicaid-certified	95837
bed in the facility not later than thirty days after the	95838
evacuation occurs.	95839

(I) "Fiscal year," "intermediate care facility for the	95840
mentally retarded," "nursing facility," "operator," "owner," and	95841
"provider agreement" have the same meanings as in section 5111.20	95842
of the Revised Code.	95843

(J) "Voluntary termination" means an operator's voluntary	95844
election to terminate the participation of an intermediate care	95845
facility for the mentally retarded in the medicaid program but to	95846
continue to provide service of the type provided by a residential	95847
facility as defined in section 5123.19 of the Revised Code.	95848

(K) "Voluntary withdrawal of participation" means an	95849
operator's voluntary election to terminate the participation of a	95850
nursing facility in the medicaid program but to continue to	95851
provide service of the type provided by a nursing facility.	95852

Sec. 5111.651. Sections 5111.65 to ~~5111.688~~5111.689 of the	95853
Revised Code do not apply to a nursing facility or intermediate	95854
care facility for the mentally retarded that undergoes a facility	95855
closure, voluntary termination, voluntary withdrawal of	95856
participation, or change of operator on or before September 30,	95857
2005, if the exiting operator provided written notice of the	95858
facility closure, voluntary termination, voluntary withdrawal of	95859
participation, or change of operator to the department of job and	95860
family services on or before June 30, 2005.	95861

Sec. 5111.688. (A) All amounts withheld under section	95862
5111.681 of the Revised Code from payment due an exiting operator	95863
under the medicaid program shall be deposited into the medicaid	95864
payment withholding fund created by the controlling board pursuant	95865
to section 131.35 of the Revised Code. Money in the fund shall be	95866
used as follows:	95867

(1) To pay an exiting operator when a withholding is released	95868
to the exiting operator under section 5111.686 or 5111.687 of the	95869
Revised Code;	95870

(2) To pay the department of job and family services and	95871
United States centers for medicare and medicaid services the	95872
amount an exiting operator owes the department and United States	95873
centers under the medicaid program.	95874

(B) Amounts paid from the medicaid payment withholding fund	95875
pursuant to division (A)(2) of this section shall be deposited	95876
into the appropriate department fund.	95877

~~Sec. 5111.688.~~ Sec. 5111.689. The director of job and family	95878
services may adopt rules under section 5111.02 of the Revised Code	95879
to implement sections 5111.65 to ~~5111.688~~5111.689 of the Revised	95880
Code, including rules applicable to an exiting operator that	95881
provides written notification under section 5111.66 of the Revised	95882
Code of a voluntary withdrawal of participation. Rules adopted	95883
under this section shall comply with section 1919(c)(2)(F) of the	95884
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	95885
1396r(c)(2)(F), regarding restrictions on transfers or discharges	95886
of nursing facility residents in the case of a voluntary	95887
withdrawal of participation. The rules may prescribe a medicaid	95888
reimbursement methodology and other procedures that are applicable	95889
after the effective date of a voluntary withdrawal of	95890
participation that differ from the reimbursement methodology and	95891
other procedures that would otherwise apply.	95892

Sec. 5111.705. No individual shall be denied eligibility for	95893
the medicaid buy-in for workers with disabilities program on the	95894
basis that the individual receives services under a home and	95895
community-based services medicaid waiver component as defined in	95896
section ~~5111.851~~5111.85 of the Revised Code.	95897

Sec. 5111.85. (A) As used in this section and sections	95898
5111.851 to 5111.856 of the Revised Code~~, "medicaid~~:	95899

"Home and community-based services medicaid waiver component"	95900
means a medicaid waiver component under which home and	95901
community-based services are provided as an alternative to	95902
hospital, nursing facility, or intermediate care facility for the	95903
mentally retarded services.	95904

"Hospital" has the same meaning as in section 3727.01 of the	95905
Revised Code.	95906

"Intermediate care facility for the mentally retarded" has	95907
the same meaning as in section 5111.20 of the Revised Code.	95908

"Medicaid waiver component" means a component of the medicaid	95909
program authorized by a waiver granted by the United States	95910
department of health and human services under section 1115 or 1915	95911
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	95912
1315 or 1396n. "Medicaid waiver component" does not include a	95913
care management system established under section 5111.16 of the	95914
Revised Code.	95915

"Nursing facility" has the same meaning as in section 5111.20	95916
of the Revised Code.	95917

(B) The director of job and family services may adopt rules	95918
under Chapter 119. of the Revised Code governing medicaid waiver	95919
components that establish all of the following:	95920

(1) Eligibility requirements for the medicaid waiver	95921
components;	95922

(2) The type, amount, duration, and scope of services the	95923
medicaid waiver components provide;	95924

(3) The conditions under which the medicaid waiver components	95925
cover services;	95926

(4) The amount the medicaid waiver components pay for	95927
services or the method by which the amount is determined;	95928

(5) The manner in which the medicaid waiver components pay	95929
for services;	95930

(6) Safeguards for the health and welfare of medicaid	95931
recipients receiving services under a medicaid waiver component;	95932

(7) Procedures for both of the following:

95933

(a) Identifying individuals who meet all of the following	95934
requirements:	95935

(i) Are eligible for a home and community-based services	95936
medicaid waiver component and on a waiting list for the component;	95937

(ii) Are receiving inpatient hospital services or residing in	95938
an intermediate care facility for the mentally retarded or	95939
nursing facility (as appropriate for the component);	95940

(iii) Choose to be enrolled in the component.

95941

(b) Approving the enrollment of individuals identified under	95942
the procedures established under division (B)(7)(a) of this	95943
section into the home and community-based services medicaid waiver	95944
component.	95945

(8) Procedures for enforcing the rules, including	95946
establishing corrective action plans for, and imposing financial	95947
and administrative sanctions on, persons and government entities	95948
that violate the rules. Sanctions shall include terminating	95949
medicaid provider agreements. The procedures shall include due	95950
process protections.	95951

~~(8)~~(9) Other policies necessary for the efficient	95952
administration of the medicaid waiver components.	95953

(C) The director of job and family services may adopt	95954
different rules for the different medicaid waiver components. The	95955
rules shall be consistent with the terms of the waiver authorizing	95956
the medicaid waiver component.	95957

(D) Any procedures established under division (B)(7) of this	95958
section for the PASSPORT program shall be consistent with section	95959
173.401 of the Revised Code. Any procedures established under	95960
division (B)(7) of this section for the assisted living program	95961
shall be consistent with section 5111.894 of the Revised Code.	95962

Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855	95963
of the Revised Code:	95964

"Administrative agency" means, with respect to a home and	95965
community-based services medicaid waiver component, the department	95966
of job and family services or, if a state agency or political	95967
subdivision contracts with the department under section 5111.91 of	95968
the Revised Code to administer the component, that state agency or	95969
political subdivision.	95970

~~"Home and community-based services medicaid waiver component"~~	95971
~~means a medicaid waiver component under which home and~~	95972
~~community-based services are provided as an alternative to~~	95973
~~hospital, nursing facility, or intermediate care facility for the~~	95974
~~mentally retarded services.~~	95975

~~"Hospital" has the same meaning as in section 3727.01 of the~~	95976
~~Revised Code.~~	95977

~~"Intermediate care facility for the mentally retarded" has~~	95978
~~the same meaning as in section 5111.20 of the Revised Code.~~	95979

"Level of care determination" means a determination of	95980
whether an individual needs the level of care provided by a	95981
hospital, nursing facility, or intermediate care facility for the	95982
mentally retarded and whether the individual, if determined to	95983
need that level of care, would receive hospital, nursing facility,	95984
or intermediate care facility for the mentally retarded services	95985
if not for a home and community-based services medicaid waiver	95986
component.	95987

"Medicaid buy-in for workers with disabilities program" means	95988
the component of the medicaid program established under sections	95989
5111.70 to 5111.7011 of the Revised Code.	95990

~~"Nursing facility" has the same meaning as in section 5111.20~~	95991
~~of the Revised Code.~~	95992

"Skilled nursing facility" means a facility certified as a	95993
skilled nursing facility under Title XVIII of the "Social Security	95994
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	95995

(B) The following requirements apply to each home and	95996
community-based services medicaid waiver component:	95997

(1) Only an individual who qualifies for a component shall	95998
receive that component's services.	95999

(2) A level of care determination shall be made as part of	96000
the process of determining whether an individual qualifies for a	96001
component and shall be made each year after the initial	96002
determination if, during such a subsequent year, the	96003
administrative agency determines there is a reasonable indication	96004
that the individual's needs have changed.	96005

(3) A written plan of care or individual service plan based	96006
on an individual assessment of the services that an individual	96007
needs to avoid needing admission to a hospital, nursing facility,	96008
or intermediate care facility for the mentally retarded shall be	96009
created for each individual determined eligible for a component.	96010

(4) Each individual determined eligible for a component shall	96011
receive that component's services in accordance with the	96012
individual's level of care determination and written plan of care	96013
or individual service plan.	96014

(5) No individual may receive services under a component	96015
while the individual is a hospital inpatient or resident of a	96016
skilled nursing facility, nursing facility, or intermediate care	96017
facility for the mentally retarded.	96018

(6) No individual may receive prevocational, educational, or	96019
supported employment services under a component if the individual	96020
is eligible for such services that are funded with federal funds	96021
provided under 29 U.S.C. 730 or the "Individuals with Disabilities	96022
Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.	96023

(7) Safeguards shall be taken to protect the health and	96024
welfare of individuals receiving services under a component,	96025
including safeguards established in rules adopted under section	96026
5111.85 of the Revised Code and safeguards established by	96027
licensing and certification requirements that are applicable to	96028
the providers of that component's services.	96029

(8) No services may be provided under a component by a	96030
provider that is subject to standards that 42 U.S.C. 1382e(e)(1)	96031
requires be established if the provider fails to comply with the	96032
standards applicable to the provider.	96033

(9) Individuals determined to be eligible for a component, or	96034
such individuals' representatives, shall be informed of that	96035
component's services, including any choices that the individual or	96036
representative may make regarding the component's services, and	96037
given the choice of either receiving services under that component	96038
or, as appropriate, hospital, nursing facility, or intermediate	96039
care facility for the mentally retarded services.	96040

(10) No individual shall lose eligibility for services under	96041
a component, or have the services reduced or otherwise disrupted,	96042
on the basis that the individual also receives services under the	96043
medicaid buy-in for workers with disabilities program.	96044

(11) No individual shall lose eligibility for services under	96045
a component, or have the services reduced or otherwise disrupted,	96046
on the basis that the individual's income or resources increase to	96047
an amount above the eligibility limit for the component if the	96048
individual is participating in the medicaid buy-in for workers	96049
with disabilities program and the amount of the individual's	96050
income or resources does not exceed the eligibility limit for the	96051
medicaid buy-in for workers with disabilities program.	96052

(12) No individual receiving services under a component shall	96053
be required to pay any cost sharing expenses for the services for	96054
any period during which the individual also participates in the	96055
medicaid buy-in for workers with disabilities program.	96056

Sec. 5111.861. (A) As used in this section:

96057

(1) "Assisted living program" means the medicaid waiver	96058
component created under section 5111.89 of the Revised Code.	96059

(2) "Choices program" means the medicaid waiver component	96060
created under section 173.402 of the Revised Code.	96061

(3) "Medicaid waiver component" has the same meaning as in	96062
section 5111.85 of the Revised Code.	96063

(4) "PASSPORT program" means the medicaid waiver component	96064
created under section 173.40 of the Revised Code.	96065

(B) The director of job and family services shall submit a	96066
request to the United States secretary of health and human	96067
services pursuant to 42 U.S.C. 1396n to obtain a federal medicaid	96068
waiver that consolidates the following medicaid waiver components	96069
into one medicaid waiver component:	96070

(1) The assisted living program;

96071

(2) The choices program;

96072

(3) The PASSPORT program.

96073

(C) In seeking a consolidated federal medicaid waiver under	96074
this section, the director of job and family services shall work	96075
with the director of aging and provide for the waiver to do all of	96076
the following:	96077

(1) For the part of the waiver that concerns the assisted	96078
living program, include the provisions that sections 5111.89 to	96079
5111.894 of the Revised Code establish for the assisted living	96080
program;	96081

(2) For the part of the waiver that concerns the choices	96082
program, include the provisions that sections 173.402 and 173.403	96083
of the Revised Code establishes for the choices program;	96084

(3) For the part of the waiver that concerns the PASSPORT	96085
program, include the provisions that sections 173.40, 173.401, and	96086
173.403 of the Revised Code establish for the PASSPORT program;	96087

(4) For each part of the waiver, including the part that	96088
concerns the choices program, be available statewide.	96089

(D) If the United States secretary approves the consolidated	96090
federal medicaid waiver sought under this section, all of the	96091
following shall apply:	96092

(1) The department of job and family services shall enter	96093
into a contract with the department of aging under section 5111.91	96094
of the Revised Code for the department of aging to administer the	96095
consolidated federal medicaid waiver, except that the department	96096
of job and family services, rather than the department of aging,	96097
shall administer the part of the waiver that concerns the assisted	96098
living program if the director of budget and management does not	96099
approve the contract;	96100

(2) The director of job and family services shall adopt rules	96101
under section 5111.85 of the Revised Code to authorize the	96102
director of aging to adopt rules in accordance with Chapter 119.	96103
of the Revised Code that are needed to implement the consolidated	96104
federal medicaid waiver, except that the director of job and	96105
family services shall adopt rules under section 5111.85 of the	96106
Revised Code that are needed to implement the part of the waiver	96107
that concerns the assisted living program if the director of	96108
budget and management does not approve the contract the	96109
departments of job and family services and aging enter into under	96110
division (D)(1) of this section;	96111

(3) Any statutory reference to the assisted living program	96112
shall mean the part of the consolidated federal medicaid waiver	96113
that concerns the assisted living program;	96114

(4) Any statutory reference to the choices program shall mean	96115
the part of the consolidated federal medicaid waiver that concerns	96116
the choices program;	96117

(5) Any statutory references to the PASSPORT program shall	96118
mean the part of the consolidated federal medicaid waiver that	96119
concerns the PASSPORT program.	96120

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	96121
of the Revised Code:	96122

"Home and community-based services" has the same meaning as	96123
in section 5123.01 of the Revised Code.	96124

"ICF/MR services" means intermediate care facility for the	96125
mentally retarded services covered by the medicaid program that an	96126
intermediate care facility for the mentally retarded provides to a	96127
resident of the facility who is a medicaid recipient eligible for	96128
medicaid-covered intermediate care facility for the mentally	96129
retarded services.	96130

"Intermediate care facility for the mentally retarded" means	96131
an intermediate care facility for the mentally retarded that is	96132
certified as in compliance with applicable standards for the	96133
medicaid program by the director of health in accordance with	96134
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	96135
U.S.C. 1396, as amended, and licensed as a residential facility	96136
under section 5123.19 of the Revised Code.	96137

"Residential facility" has the same meaning as in section	96138
5123.19 of the Revised Code.	96139

(B) For the purpose of increasing the number of slots	96140
available for home and community-based services and subject to	96141
sections 5111.877 and 5111.878 of the Revised Code, the operator	96142
of an intermediate care facility for the mentally retarded may	96143
convert all of the beds in the facility from providing ICF/MR	96144
services to providing home and community-based services if all	96145
of the following requirements are met:	96146

(1) The operator provides the directors of health, job and	96147
family services, and mental retardation and developmental	96148
disabilities at least ninety days' notice of the operator's intent	96149
to relinquish the facility's certification as an intermediate care	96150
facility for the mentally retarded and to begin providing home and	96151
community-based services.	96152

(2) The operator complies with the requirements of sections	96153
5111.65 to ~~5111.688~~5111.689 of the Revised Code regarding a	96154
voluntary termination as defined in section 5111.65 of the	96155
Revised Code if those requirements are applicable.	96156

(3) The operator notifies each of the facility's residents	96157
that the facility is to cease providing ICF/MR services and inform	96158
each resident that the resident may do either of the following:	96159

(a) Continue to receive ICF/MR services by transferring to	96160
another facility that is an intermediate care facility for the	96161
mentally retarded willing and able to accept the resident if the	96162
resident continues to qualify for ICF/MR services;	96163

(b) Begin to receive home and community-based services	96164
instead of ICF/MR services from any provider of home and	96165
community-based services that is willing and able to provide the	96166
services to the resident if the resident is eligible for the	96167
services and a slot for the services is available to the resident.	96168

(4) The operator meets the requirements for providing home	96169
and community-based services, including the following:	96170

(a) Such requirements applicable to a residential facility if	96171
the operator maintains the facility's license as a residential	96172
facility;	96173

(b) Such requirements applicable to a facility that is not	96174
licensed as a residential facility if the operator surrenders the	96175
facility's residential facility license under section 5123.19 of	96176
the Revised Code.	96177

(5) The director of mental retardation and developmental	96178
disabilities approves the conversion.	96179

(C) The notice to the director of mental retardation and	96180
developmental disabilities under division (B)(1) of this section	96181
shall specify whether the operator wishes to surrender the	96182
facility's license as a residential facility under section 5123.19	96183
of the Revised Code.	96184

(D) If the director of mental retardation and developmental	96185
disabilities approves a conversion under division (B) of this	96186
section, the director of health shall terminate the certification	96187
of the intermediate care facility for the mentally retarded to be	96188
converted. The director of health shall notify the director of	96189
job and family services of the termination. On receipt of the	96190
director of health's notice, the director of job and family	96191
services shall terminate the operator's medicaid provider	96192
agreement that authorizes the operator to provide ICF/MR services	96193
at the facility. The operator is not entitled to notice or a	96194
hearing under Chapter 119. of the Revised Code before the	96195
director of job and family services terminates the medicaid	96196
provider agreement.	96197

Sec. 5111.875. (A) For the purpose of increasing the number	96198
of slots available for home and community-based services and	96199
subject to sections 5111.877 and 5111.878 of the Revised Code, a	96200
person who acquires, through a request for proposals issued by	96201
the director of mental retardation and developmental	96202
disabilities, a residential facility that is an intermediate care	96203
facility for the mentally retarded and for which the license as a	96204
residential facility was previously surrendered or revoked may	96205
convert some or all of the facility's beds from providing ICF/MR	96206
services to providing home and community-based services if all	96207
of the following requirements are met:	96208

(1) The person provides the directors of health, job and	96209
family services, and mental retardation and developmental	96210
disabilities at least ninety days' notice of the person's intent	96211
to make the conversion.	96212

(2) The person complies with the requirements of sections	96213
5111.65 to ~~5111.688~~5111.689 of the Revised Code regarding a	96214
voluntary termination as defined in section 5111.65 of the	96215
Revised Code if those requirements are applicable.	96216

(3) If the person intends to convert all of the facility's	96217
beds, the person notifies each of the facility's residents that	96218
the facility is to cease providing ICF/MR services and informs	96219
each resident that the resident may do either of the following:	96220

(a) Continue to receive ICF/MR services by transferring to	96221
another facility that is an intermediate care facility for the	96222
mentally retarded willing and able to accept the resident if the	96223
resident continues to qualify for ICF/MR services;	96224

(b) Begin to receive home and community-based services	96225
instead of ICF/MR services from any provider of home and	96226
community-based services that is willing and able to provide the	96227
services to the resident if the resident is eligible for the	96228
services and a slot for the services is available to the resident.	96229

(4) If the person intends to convert some but not all of the	96230
facility's beds, the person notifies each of the facility's	96231
residents that the facility is to convert some of its beds from	96232
providing ICF/MR services to providing home and community-based	96233
services and inform each resident that the resident may do either	96234
of the following:	96235

(a) Continue to receive ICF/MR services from any provider of	96236
ICF/MR services that is willing and able to provide the services	96237
to the resident if the resident continues to qualify for ICF/MR	96238
services;	96239

(b) Begin to receive home and community-based services	96240
instead of ICF/MR services from any provider of home and	96241
community-based services that is willing and able to provide the	96242
services to the resident if the resident is eligible for the	96243
services and a slot for the services is available to the resident.	96244

(5) The person meets the requirements for providing home and	96245
community-based services at a residential facility.	96246

(B) The notice provided to the directors under division	96247
(A)(1) of this section shall specify whether some or all of the	96248
facility's beds are to be converted. If some but not all of the	96249
beds are to be converted, the notice shall specify how many of	96250
the facility's beds are to be converted and how many of the beds	96251
are to continue to provide ICF/MR services.	96252

(C) On receipt of a notice under division (A)(1) of this	96253
section, the director of health shall do the following:	96254

(1) Terminate the certification of the intermediate care	96255
facility for the mentally retarded if the notice specifies that	96256
all of the facility's beds are to be converted;	96257

(2) Reduce the facility's certified capacity by the number of	96258
beds being converted if the notice specifies that some but not all	96259
of the beds are to be converted.	96260

(D) The director of health shall notify the director of job	96261
and family services of the termination or reduction under division	96262
(C) of this section. On receipt of the director of health's	96263
notice, the director of job and family services shall do the	96264
following:	96265

(1) Terminate the person's medicaid provider agreement that	96266
authorizes the person to provide ICF/MR services at the facility	96267
if the facility's certification was terminated;	96268

(2) Amend the person's medicaid provider agreement to reflect	96269
the facility's reduced certified capacity if the facility's	96270
certified capacity is reduced.	96271

The person is not entitled to notice or a hearing under	96272
Chapter 119. of the Revised Code before the director of job and	96273
family services terminates or amends the medicaid provider	96274
agreement.	96275

Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811	96276
of the Revised Code:	96277

(1) "Adult" means an individual at least eighteen years of	96278
age.	96279

(2) "Authorized representative" means the following:

96280

(a) In the case of a consumer who is a minor, the consumer's	96281
parent, custodian, or guardian;	96282

(b) In the case of a consumer who is an adult, an individual	96283
selected by the consumer pursuant to section 5111.8810 of the	96284
Revised Code to act on the consumer's behalf for purposes	96285
regarding home care attendant services.	96286

(3) "Authorizing health care professional" means a health	96287
care professional who, pursuant to section 5111.887 of the Revised	96288
Code, authorizes a home care attendant to assist a consumer with	96289
self-administration of medication, nursing tasks, or both.	96290

(4) "Consumer" means an individual to whom all of the	96291
following apply:	96292

(a) The individual is enrolled in a participating medicaid	96293
waiver component.	96294

(b) The individual has a medically determinable physical	96295
impairment to which both of the following apply:	96296

(i) It is expected to last for a continuous period of not	96297
less than twelve months.	96298

(ii) It causes the individual to require assistance with	96299
activities of daily living, self-care, and mobility, including	96300
either assistance with self-administration of medication or the	96301
performance of nursing tasks, or both.	96302

(c) In the case of an individual who is an adult, the	96303
individual is mentally alert and is, or has an authorized	96304
representative who is, capable of selecting, directing the	96305
actions of, and dismissing a home care attendant.	96306

(d) In the case of an individual who is a minor, the	96307
individual has an authorized representative who is capable of	96308
selecting, directing the actions of, and dismissing a home care	96309
attendant.	96310

(5) "Controlled substance" has the same meaning as in section	96311
3719.01 of the Revised Code.	96312

(6) "Custodian" has the same meaning as in section 2151.011	96313
of the Revised Code.	96314

(7) "Gastrostomy tube" means a percutaneously inserted	96315
catheter that terminates in the stomach.	96316

(8) "Guardian" has the same meaning as in section 2111.01 of	96317
the Revised Code.	96318

(9) "Health care professional" means a physician or	96319
registered nurse.	96320

(10) "Home care attendant" means an individual holding a	96321
valid medicaid provider agreement in accordance with section	96322
5111.881 of the Revised Code that authorizes the individual to	96323
provide home care attendant services to consumers.	96324

(11) "Home care attendant services" means all of the	96325
following as provided by a home care attendant:	96326

(a) Personal care aide services;

96327

(b) Assistance with the self-administration of medication;

96328

96329

(12) "Jejunostomy tube" means a percutaneously inserted	96330
catheter that terminates in the jejunum.	96331

(13) "Medicaid waiver component" has the same meaning as in	96332
section 5111.85 of the Revised Code.	96333

(14) "Medication" means a drug as defined in section 4729.01	96334
of the Revised Code.	96335

(15) "Minor" means an individual under eighteen years of age.

96336

(16) "Participating medicaid waiver component" means both of	96337
the following:	96338

(a) The medicaid waiver component known as Ohio home care	96339
that the department of job and family services administers;	96340

(b) The medicaid waiver component known as Ohio transitions	96341
II aging carve-out that the department of job and family services	96342
administers.	96343

(17) "Physician" means an individual authorized under Chapter	96344
4731. of the Revised Code to practice medicine and surgery or	96345
osteopathic medicine and surgery.	96346

(18) "Practice of nursing as a registered nurse," "practice	96347
of nursing as a licensed practical nurse," and "registered nurse"	96348
have the same meanings as in section 4723.01 of the Revised Code.	96349
"Registered nurse" includes an advanced practice nurse, as defined	96350
in section 4723.01 of the Revised Code.	96351

(19) "Schedule II," "schedule III," "schedule IV," and	96352
"schedule V" have the same meanings as in section 3719.01 of the	96353
Revised Code.	96354

(B) The director of job and family services may submit	96355
requests to the United States secretary of health and human	96356
services to amend the federal medicaid waivers authorizing the	96357
participating medicaid waiver components to have those components	96358
cover home care attendant services in accordance with sections	96359
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	96360
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811	96361
of the Revised Code, those sections shall be implemented regarding	96362
a participating medicaid waiver component only if the secretary	96363
approves a waiver amendment for the component.	96364

Sec. 5111.881. The director of job and family services shall	96365
enter into a medicaid provider agreement with an individual to	96366
authorize the individual to provide home care attendant services	96367
to consumers if the individual does both of the following:	96368

(A) Agrees to comply with the requirements of sections	96369
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	96370
the Revised Code;	96371

(B) Provides the director evidence satisfactory to the	96372
director of all of the following:	96373

(1) That the individual either meets the personnel	96374
qualifications specified in 42 C.F.R. 484.4 for home health aides	96375
or has successfully completed at least one of the following:	96376

(a) A competency evaluation program or training and	96377
competency evaluation program approved or conducted by the	96378
director of health under section 3721.31 of the Revised Code;	96379

(b) A training program approved by the department of job and	96380
family services that includes training in at least all of the	96381
following and provides training equivalent to a training and	96382
competency evaluation program specified in division (B)(1)(a) of	96383
this section or meets the requirements of 42 C.F.R. 484.36(a):	96384

(i) Basic home safety;

96385

(ii) Universal precautions for the prevention of disease	96386
transmission, including hand-washing and proper disposal of bodily	96387
waste and medical instruments that are sharp or may produce sharp	96388
pieces if broken;	96389

(iii) Personal care aide services;

96390

(iv) The labeling, counting, and storage requirements for	96391
schedule II, III, IV, and V medications.	96392

(2) That the individual has obtained a certificate of	96393
completion of a course in first aid from a first aid course to	96394
which all of the following apply:	96395

(a) It is not provided solely through the internet.

96396

(b) It includes hands-on training provided by a first aid	96397
instructor who is qualified to provide such training according to	96398
standards set in rules adopted under section 5111.8811 of the	96399
Revised Code.	96400

(c) It requires the individual to demonstrate successfully	96401
that the individual has learned the first aid taught in the	96402
course.	96403

(3) That the individual meets any other requirements for the	96404
medicaid provider agreement specified in rules adopted under	96405
section 5111.8811 of the Revised Code.	96406

Sec. 5111.882. A home care attendant shall complete not less	96407
than twelve hours of in-service continuing education regarding	96408
home care attendant services each year and provide the director	96409
of job and family services evidence satisfactory to the director	96410
that the attendant satisfied this requirement. The evidence shall	96411
be submitted to the director not later than the annual anniversary	96412
of the issuance of the home care attendant's initial medicaid	96413
provider agreement.	96414

Sec. 5111.883. A home care attendant shall do all of the	96415
following:	96416

(A) Maintain a clinical record for each consumer to whom the	96417
attendant provides home care attendant services in a manner that	96418
protects the consumer's privacy;	96419

(B) Participate in a face-to-face visit every ninety days	96420
with all of the following to monitor the health and welfare of	96421
each of the consumers to whom the attendant provides home care	96422
attendant services:	96423

(1) The consumer;

96424

(2) The consumer's authorized representative, if any;

96425

(3) A registered nurse who agrees to answer any questions	96426
that the attendant, consumer, or authorized representative has	96427
about consumer care needs, medications, and other issues.	96428

(C) Document the activities of each visit required by	96429
division (B) of this section in the consumer's clinical record	96430
with the assistance of the registered nurse.	96431

Sec. 5111.884. (A) A home care attendant may assist a	96432
consumer with nursing tasks or self-administration of medication	96433
only after the attendant does both of the following:	96434

(1) Subject to division (B) of this section, completes	96435
consumer-specific training in how to provide the assistance that	96436
the authorizing health care professional authorizes the attendant	96437
to provide to the consumer;	96438

(2) At the request of the consumer, consumer's authorized	96439
representative, or authorizing health care professional,	96440
successfully demonstrates that the attendant has learned how to	96441
provide the authorized assistance to the consumer.	96442

(B) The training required by division (A)(1) of this section	96443
shall be provided by either of the following:	96444

(1) The authorizing health care professional;

96445

(2) The consumer or consumer's authorized representative in	96446
cooperation with the authorizing health care professional.	96447

Sec. 5111.885. A home care attendant shall comply with both	96448
of the following when assisting a consumer with nursing tasks or	96449
self-administration of medication:	96450

(A) The written consent of the consumer or consumer's	96451
authorized representative provided to the director of job and	96452
family services under section 5111.886 of the Revised Code;	96453

(B) The authorizing health care professional's written	96454
authorization provided to the director under section 5111.887 of	96455
the Revised Code.	96456

Sec. 5111.886. To consent to a home care attendant assisting	96457
a consumer with nursing tasks or self-administration of	96458
medication, the consumer or consumer's authorized representative	96459
shall provide the director of job and family services a written	96460
statement signed by the consumer or authorized representative	96461
under which the consumer or authorized representative consents to	96462
both of the following:	96463

(A) Having the attendant assist the consumer with nursing	96464
tasks or self-administration of medication;	96465

(B) Assuming responsibility for directing the attendant when	96466
the attendant assists the consumer with nursing tasks or	96467
self-administration of medication.	96468

Sec. 5111.887. To authorize a home care attendant to assist	96469
a consumer with nursing tasks or self-administration of	96470
medication, a health care professional shall provide the director	96471
of job and family services a written statement signed by the	96472
health care professional that includes all of the following:	96473

(A) The consumer's name and address;

96474

(B) A description of the nursing tasks or self-administration	96475
of medication with which the attendant is to assist the consumer,	96476
including, in the case of assistance with self-administration of	96477
medication, the name and dosage of the medication;	96478

(C) The times or intervals when the attendant is to assist	96479
the consumer with the self-administration of each dosage of the	96480
medication or nursing tasks;	96481

(D) The dates the attendant is to begin and cease providing	96482
the assistance;	96483

(E) A list of severe adverse reactions the attendant must	96484
report to the health care professional should the consumer	96485
experience one or more of the reactions;	96486

(F) At least one telephone number at which the attendant can	96487
reach the health care professional in an emergency;	96488

(G) Instructions the attendant is to follow when assisting	96489
the consumer with nursing tasks or self-administration of	96490
medication, including instructions for maintaining sterile	96491
conditions and for storage of task-related equipment and supplies;	96492

(H) The health care professional's attestation of both of the	96493
following:	96494

(1) That the consumer or consumer's authorized representative	96495
has demonstrated to the health care professional the ability to	96496
direct the attendant;	96497

(2) That the attendant has demonstrated to the health care	96498
professional the ability to provide the consumer assistance with	96499
nursing tasks or self-administration of medication that the health	96500
care professional has specifically authorized the attendant to	96501
provide and that the consumer or consumer's authorized	96502
representative has indicated to the health care professional that	96503
the consumer or authorized representative is satisfied with the	96504
attendant's demonstration.	96505

Sec. 5111.888. When authorizing a home care attendant to	96506
assist a consumer with nursing tasks or self-administration of	96507
medication a health care professional may not authorize a home	96508
care attendant to do any of the following:	96509

(A) Perform a task that is outside of the health care	96510
professional's scope of practice;	96511

(B) Assist the consumer with the self-administration of a	96512
medication, including a schedule II, schedule III, schedule IV, or	96513
schedule V drug unless both of the following apply:	96514

(1) The medication is administered orally, topically, or via	96515
a gastrostomy tube or jejunostomy tube, including through any of	96516
the following:	96517

(a) In the case of an oral medication, a metered dose	96518
inhaler;	96519

(b) In the case of a topical medication, including a	96520
transdermal medication, either of the following:	96521

(i) An eye, ear, or nose drop or spray;

96522

(ii) A vaginal or rectal suppository.

96523

(c) In the case of a gastrostomy tube or jejunostomy tube,	96524
only through a pre-programmed pump.	96525

(2) The medication is in its original container and the	96526
label attached to the container displays all of the following:	96527

(a) The consumer's full name in print;

96528

(b) The medication's dispensing date, which must not be more	96529
than twelve months before the date the attendant assists the	96530
consumer with self-administration of the medication;	96531

(c) The exact dosage and means of administration that match	96532
the health care professional's authorization to the attendant.	96533

(C) Assist the consumer with the self-administration of a	96534
schedule II, schedule III, schedule IV, or schedule V medication	96535
unless, in addition to meeting the requirements of division (B) of	96536
this section, all of the following apply:	96537

(1) The medication has a warning label on its container.

96538

(2) The attendant counts the medication in the consumer's or	96539
authorized representative's presence when the medication is	96540
administered to the consumer and records the count on a form used	96541
for the count as specified in rules adopted under section	96542
5111.8811 of the Revised Code.	96543

(3) The attendant recounts the medication in the consumer's	96544
or authorized representative's presence at least monthly and	96545
reconciles the recount on a log located in the consumer's	96546
clinical record.	96547

(4) The medication is stored separately from all other	96548
medications and is secured and locked at all times when not being	96549
administered to the consumer to prevent unauthorized access.	96550

(D) Perform an intramuscular injection;

96551

(E) Perform a subcutaneous injection unless it is for a	96552
routine dose of insulin;	96553

(F) Program a pump used to deliver a medication unless the	96554
pump is used to deliver a routine dose of insulin;	96555

(G) Insert, remove, or discontinue an intravenous access	96556
device;	96557

(H) Engage in intravenous medication administration;

96558

(I) Insert or initiate an infusion therapy;

96559

(J) Perform a central line dressing change.

96560

Sec. 5111.889. A home care attendant who provides home care	96561
attendant services to a consumer in accordance with the	96562
authorizing health care professional's authorization does not	96563
engage in the practice of nursing as a registered nurse or in the	96564
practice of nursing as a licensed practical nurse in violation of	96565
section 4723.03 of the Revised Code.	96566

A consumer or the consumer's authorized representative shall	96567
report to the director of job and family services if a home care	96568
attendant engages in the practice of nursing as a registered nurse	96569
or the practice of nursing as a licensed practical nurse beyond	96570
the authorizing health care professional's authorization. The	96571
director shall forward a copy of each report to the board of	96572
nursing.	96573

Sec. 5111.8810. A consumer who is an adult may select an	96574
individual to act on the consumer's behalf for purposes regarding	96575
home care attendant services by submitting a written notice of the	96576
consumer's selection of an authorized representative to the	96577
director of job and family services. The notice shall	96578
specifically identify the individual the consumer selects as	96579
authorized representative and may limit what the authorized	96580
representative may do on the consumer's behalf regarding home	96581
care attendant services. A consumer may not select the consumer's	96582
home care attendant to be the consumer's authorized	96583
representative.	96584

Sec. 5111.8811. The director of job and family services shall	96585
adopt rules under section 5111.85 of the Revised Code as necessary	96586
for the implementation of sections 5111.88 to 5111.8810 of the	96587
Revised Code. The rules shall be consistent with federal and state	96588
law.	96589

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894	96590
of the Revised Code:	96591

"Area agency on aging" has the same meaning as in section	96592
173.14 of the Revised Code.	96593

"Assisted living program" means the ~~medicaid waiver component~~	96594
~~for which the director of job and family services is authorized by~~	96595
program created under this section ~~to request a medicaid waiver~~.	96596

"Assisted living services" means the following home and	96597
community-based services: personal care, homemaker, chore,	96598
attendant care, companion, medication oversight, and therapeutic	96599
social and recreational programming.	96600

"County or district home" means a county or district home	96601
operated under Chapter 5155. of the Revised Code.	96602

"Long-term care consultation program" means the program the	96603
department of aging is required to develop under section 173.42 of	96604
the Revised Code.	96605

"Long-term care consultation program administrator" or	96606
"administrator" means the department of aging or, if the	96607
department contracts with an area agency on aging or other entity	96608
to administer the long-term care consultation program for a	96609
particular area, that agency or entity.	96610

"Medicaid waiver component" has the same meaning as in	96611
section 5111.85 of the Revised Code.	96612

"Nursing facility" has the same meaning as in section 5111.20	96613
of the Revised Code.	96614

"Residential care facility" has the same meaning as in	96615
section 3721.01 of the Revised Code.	96616

"State administrative agency" means the department of job and	96617
family services if the department of job and family services	96618
administers the assisted living program or the department of aging	96619
if the department of aging administers the assisted living	96620
program.	96621

(B) ~~The director of job and family services may submit a~~	96622
~~request to the United States secretary of health and human~~	96623
~~services under 42 U.S.C. 1396n to obtain a waiver of federal~~	96624
~~medicaid requirements that would otherwise be violated in the~~	96625
~~creation and implementation of a program under which~~There is	96626
hereby created the assisted living program. The program shall	96627
provide assisted living services ~~are provided~~ to ~~not more than~~	96628
~~one thousand eight hundred~~ individuals who meet the program's	96629
eligibility requirements established under section 5111.891 of	96630
the Revised Code. The program may not serve more individuals	96631
than the number that is set by the United States secretary of	96632
health and human services when the medicaid waiver authorizing the	96633
program is approved. The program shall be operated as a separate	96634
medicaid waiver component until the United States secretary	96635
approves the consolidated federal medicaid waiver sought under	96636
section 5111.861 of the Revised Code. The program shall be part of	96637
the consolidated federal medicaid waiver sought under that section	96638
if the United States secretary approves the waiver.	96639

If the ~~secretary approves the medicaid waiver requested under~~	96640
~~this section and the~~ director of budget and management approves	96641
the contract, the department of job and family services shall	96642
enter into a contract with the department of aging under section	96643
5111.91 of the Revised Code that provides for the department of	96644
aging to administer the assisted living program. The contract	96645
shall include an estimate of the program's costs.	96646

The director of job and family services may adopt rules under	96647
section 5111.85 of the Revised Code regarding the assisted living	96648
program. The director of aging may adopt rules under Chapter 119.	96649
of the Revised Code regarding the program that the rules adopted	96650
by the director of job and family services authorize the director	96651
of aging to adopt.	96652

Sec. 5111.891. To be eligible for the assisted living	96653
program, an individual must meet all of the following	96654
requirements:	96655

(A) Need an intermediate level of care as determined under	96656
rule 5101:3-3-06 of the Administrative Code;	96657

(B) At the time the individual applies for the assisted	96658
living program, be one of the following:	96659

(1) A nursing facility resident who is seeking to move to a	96660
residential care facility and would remain in a nursing facility	96661
for long term care if not for the assisted living program;	96662

(2) A participant of any of the following medicaid waiver	96663
components who would move to a nursing facility if not for the	96664
assisted living program:	96665

(a) The PASSPORT program created under section 173.40 of the	96666
Revised Code;	96667

(b) The ~~medicaid waiver component called the~~ choices program	96668
~~that the department of aging administers~~created under section	96669
173.402 of the Revised Code;	96670

(c) A medicaid waiver component that the department of job	96671
and family services administers.	96672

(3) A resident of a residential care facility who has resided	96673
in a residential care facility for at least six months immediately	96674
before the date the individual applies for the assisted living	96675
program.	96676

(C) At the time the individual receives assisted living	96677
services under the assisted living program, reside in a	96678
residential care facility that is authorized by a valid medicaid	96679
provider agreement to participate in the assisted living program,	96680
including both of the following:	96681

(1) A residential care facility that is owned or operated by	96682
a metropolitan housing authority that has a contract with the	96683
United States department of housing and urban development to	96684
receive an operating subsidy or rental assistance for the	96685
residents of the facility;	96686

(2) A county or district home licensed as a residential care	96687
facility.	96688

(D) Meet all other eligibility requirements for the assisted	96689
living program established in rules adopted under section 5111.85	96690
of the Revised Code.	96691

Sec. 5111.894. The state administrative agency may	96692
establish one or more waiting lists for the assisted living	96693
program. Only individuals eligible for the medicaid program may be	96694
placed on a waiting list.	96695

Each month, each area agency on aging shall determine	96696
whether any individual who resides in the area that the area	96697
agency on aging serves and is on a waiting list for the assisted	96698
living program has been admitted to a nursing facility. If an	96699
area agency on aging determines that such an individual has been	96700
admitted to a nursing facility and that there is a vacancy in a	96701
residential care facility participating in the assisted living	96702
program that is acceptable to the individual, the agency shall	96703
notify the long-term care consultation program administrator	96704
serving the area in which the individual resides about the	96705
determination. The administrator shall determine whether the	96706
assisted living program is appropriate for the individual and	96707
whether the individual would rather participate in the assisted	96708
living program than continue residing in the nursing facility.	96709
If the administrator determines that the assisted living program	96710
is appropriate for the individual and the individual would	96711
rather participate in the assisted living program than continue	96712
residing in the nursing facility, the administrator shall so	96713
notify the state administrative agency.	96714

On receipt of the notice from the administrator, the state	96715
administrative agency shall approve the individual's enrollment in	96716
the assisted living program regardless of any waiting list for the	96717
assisted living program, unless the enrollment would cause the	96718
assisted living program to exceed ~~the~~any limit on the number of	96719
individuals who may participate in the program as set by ~~section~~	96720
~~5111.89 of the Revised Code~~the United States secretary of	96721
health and human services when the medicaid waiver authorizing	96722
the program is approved. Each quarter, the state administrative	96723
agency shall certify to the director of budget and management	96724
the estimated increase in costs of the assisted living program	96725
resulting from enrollment of individuals in the assisted living	96726
program pursuant to this section.	96727

~~Not later than the last day of each calendar year, the~~	96728
~~director of job and family services shall submit to the general~~	96729
~~assembly a report regarding the number of individuals enrolled in~~	96730
~~the assisted living program pursuant to this section and the costs~~	96731
~~incurred and savings achieved as a result of the enrollments.~~	96732

Sec. 5111.971. (A) As used in this section, "long-term care	96733
medicaid waiver component" means any of the following:	96734

(1) The PASSPORT program created under section 173.40 of the	96735
Revised Code;	96736

(2) The ~~medicaid waiver component called the~~ choices program	96737
~~that the department of aging administers~~created under section	96738
173.402 of the Revised Code;	96739

(3) A medicaid waiver component that the department of job	96740
and family services administers.	96741

(B) The director of job and family services shall submit a	96742
request to the United States secretary of health and human	96743
services for a waiver of federal medicaid requirements that would	96744
be otherwise violated in the creation of a pilot program under	96745
which not more than two hundred individuals who meet the pilot	96746
program's eligibility requirements specified in division (D) of	96747
this section receive a spending authorization to pay for the cost	96748
of medically necessary home and community-based services that the	96749
pilot program covers. The spending authorization shall be in an	96750
amount not exceeding seventy per cent of the average cost under	96751
the medicaid program for providing nursing facility services to an	96752
individual. An individual participating in the pilot program shall	96753
also receive necessary support services, including fiscal	96754
intermediary and other case management services, that the pilot	96755
program covers.	96756

(C) If the United States secretary of health and human	96757
services approves the waiver submitted under division (B) of this	96758
section, the department of job and family services shall enter	96759
into a contract with the department of aging under section 5111.91	96760
of the Revised Code that provides for the department of aging to	96761
administer the pilot program that the waiver authorizes.	96762

(D) To be eligible to participate in the pilot program	96763
created under division (B) of this section, an individual must	96764
meet all of the following requirements:	96765

(1) Need an intermediate level of care as determined under	96766
rule 5101:3-3-06 of the Administrative Code or a skilled level of	96767
care as determined under rule 5101:3-3-05 of the Administrative	96768
Code;	96769

(2) At the time the individual applies to participate in the	96770
pilot program, be one of the following:	96771

(a) A nursing facility resident who would remain in a nursing	96772
facility if not for the pilot program;	96773

(b) A participant of any long-term care medicaid waiver	96774
component who would move to a nursing facility if not for the	96775
pilot program.	96776

(3) Meet all other eligibility requirements for the pilot	96777
program established in rules adopted under section 5111.85 of the	96778
Revised Code.	96779

(E) The director of job and family services may adopt rules	96780
under section 5111.85 of the Revised Code as the director	96781
considers necessary to implement the pilot program created under	96782
division (B) of this section. The director of aging may adopt	96783
rules under Chapter 119. of the Revised Code as the director	96784
considers necessary for the pilot program's implementation. The	96785
rules may establish a list of medicaid-covered services not	96786
covered by the pilot program that an individual participating in	96787
the pilot program may not receive if the individual also receives	96788
medicaid-covered services outside of the pilot program.	96789

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	96790
Revised Code:	96791

(A) "Intermediate care facility for the mentally retarded"	96792
has the same meaning as in section 5111.20 of the Revised Code,	96793
~~except that it does not include any such facility operated by the~~	96794
~~department of mental retardation and developmental disabilities~~.	96795

(B) "Medicaid" has the same meaning as in section 5111.01 of	96796
the Revised Code.	96797

Sec. 5112.31. The department of job and family services	96798
shall do all of the following:	96799

(A) For the purposes specified in sections 5112.37 ~~and~~,	96800
5112.371, and 5112.372 of the Revised Code, annually assess each	96801
intermediate care facility for the mentally retarded a franchise	96802
permit fee equal to ~~eleven~~fourteen dollars and ~~ninety-eight~~	96803
twenty-five cents multiplied by the product of the following:	96804

(1) The number of beds certified under Title XIX of the	96805
"Social Security Act" on the first day of May of the calendar year	96806
in which the assessment is determined pursuant to division (A) of	96807
section 5112.33 of the Revised Code;	96808

(2) The number of days in the fiscal year beginning on the	96809
first day of July of the same calendar year.	96810

(B) Beginning July 1, ~~2009~~2011, and the first day of each	96811
July thereafter, adjust fees determined under division (A) of	96812
this section in accordance with the composite inflation factor	96813
established in rules adopted under section 5112.39 of the Revised	96814
Code.	96815

(C) If the United States secretary of health and human	96816
services determines that the franchise permit fee established by	96817
sections 5112.30 to 5112.39 of the Revised Code would be an	96818
impermissible health care-related tax under section 1903(w) of the	96819
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	96820
necessary actions to cease implementation of those sections in	96821
accordance with rules adopted under section 5112.39 of the Revised	96822
Code.	96823

Sec. 5112.37. There is hereby created in the state treasury	96824
the home and community-based services for the mentally retarded	96825
and developmentally disabled fund. ~~Ninety-four~~Seventy-four and	96826
~~twenty-eight~~eighty-nine hundredths per cent of all installment	96827
payments and penalties paid by an intermediate care facility	96828
for the mentally retarded under sections 5112.33 and 5112.34 of	96829
the Revised Code for state fiscal year 2010 shall be deposited	96830
into the fund. Seventy and sixty-seven hundredths per cent of all	96831
installment payments and penalties paid by an intermediate care	96832
facility for the mentally retarded under sections 5112.33 and	96833
5112.34 of the Revised Code for state fiscal year 2011 and	96834
thereafter shall be deposited into the fund. The department of	96835
job and family services shall distribute the money in the fund	96836
in accordance with rules adopted under section 5112.39 of the	96837
Revised Code. The departments of job and family services and	96838
mental retardation and developmental disabilities shall use the	96839
money for the medicaid program established under Chapter 5111.	96840
of the Revised Code and home and community-based services to	96841
mentally retarded and developmentally disabled persons.	96842

Sec. 5112.371. There is hereby created in the state treasury	96843
the children with intensive behavioral needs programs fund. ~~Five~~	96844
Three and ~~seventy-two~~seventy-eight hundredths per cent of all	96845
installment payments and penalties paid by an intermediate care	96846
facility for the mentally retarded under sections 5112.33 and	96847
5112.34 of the Revised Code for state fiscal year 2010 shall be	96848
deposited in the fund. Three and fifty-seven hundredths per cent	96849
of all installment payments and penalties paid by an intermediate	96850
care facility for the mentally retarded under sections 5112.33 and	96851
5112.34 of the Revised Code for state fiscal year 2011 and	96852
thereafter shall be deposited into the fund. The money in the	96853
fund shall be used for the programs the director of mental	96854
retardation and developmental disabilities establishes under	96855
section 5123.0417 of the Revised Code.	96856

Sec. 5112.372. There is hereby created in the state treasury	96857
the ODMR/DD operating and services fund. Twenty-one and	96858
thirty-three hundredths per cent of all installment payments and	96859
penalties paid by an intermediate care facility for the mentally	96860
retarded under sections 5112.33 and 5112.34 of the Revised Code	96861
for state fiscal year 2010 shall be deposited into the fund.	96862
Twenty-five and seventy-six hundredths per cent of all installment	96863
payments and penalties paid by an intermediate care facility for	96864
the mentally retarded under sections 5112.33 and 5112.34 of the	96865
Revised Code for state fiscal year 2011 and thereafter shall be	96866
deposited into the fund. The money in the fund shall be used for	96867
the expenses of the programs that the department of mental	96868
retardation and developmental disabilities administers and the	96869
department's administrative expenses.	96870

Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the	96871
Revised Code:	96872

(A) "Assessment program year" means the twelve-month period	96873
beginning the first day of October of a calendar year and ending	96874
the last day of September of the following calendar year.	96875

(B) "Cost reporting period" means the period of time used by	96876
a hospital in reporting costs for purposes of the medicare	96877
program.	96878

(C) "Federal fiscal year" means the twelve-month period	96879
beginning the first day of October of a calendar year and ending	96880
the last day of September of the following calendar year.	96881

(D) "Hospital" means a nonfederal hospital to which any of	96882
the following applies:	96883

(1) The hospital is registered under section 3701.07 of the	96884
Revised Code as a general medical and surgical hospital or a	96885
pediatric general hospital and provides inpatient hospital	96886
services, as defined in 42 C.F.R. 440.10.	96887

(2) The hospital is recognized under the medicare program as	96888
a cancer hospital and is exempt from the medicare prospective	96889
payment system.	96890

(3) The hospital is a psychiatric hospital licensed under	96891
section 5119.20 of the Revised Code.	96892

(E) "Hospital care assurance program" means the program	96893
established under sections 5112.01 to 5112.21 of the Revised Code.	96894

(F) "Medicaid" has the same meaning as in section 5111.01 of	96895
the Revised Code.	96896

(G) "Medicare" means the program established under Title	96897
XVIII of the Social Security Act.	96898

(H) "State fiscal year" means the twelve-month period	96899
beginning the first day of July of a calendar year and ending the	96900
last day of June of the following calendar year.	96901

(I)(1) Except as provided in divisions (I)(2) and (3) of this	96902
section, "total facility costs" means the total costs to a	96903
hospital for all care provided to all patients, including the	96904
direct, indirect, and overhead costs to the hospital of all	96905
services, supplies, equipment, and capital related to the care of	96906
patients, regardless of whether patients are enrolled in a health	96907
insuring corporation.	96908

(2) "Total facility costs" excludes all of the following of a	96909
hospital's costs as shown on the cost-reporting data used for	96910
purposes of determining the hospital's assessment under section	96911
5112.41 of the Revised Code:	96912

(a) Skilled nursing services provided in distinct-part	96913
nursing facility units;	96914

(b) Home health services;

96915

96916

(d) Ambulance services;

96917

(e) Renting durable medical equipment;

96918

(f) Buying durable medical equipment.

96919

(3) "Total facility costs" excludes any costs excluded from a	96920
hospital's total facility costs pursuant to rules, if any, adopted	96921
under division (B) of section 5112.46 of the Revised Code.	96922

Sec. 5112.41. (A) For the purposes specified in section	96923
5112.45 of the Revised Code and subject to section 5112.48 of the	96924
Revised Code, there is hereby imposed an assessment on all	96925
hospitals each assessment program year. The amount of a hospital's	96926
assessment for an assessment program year shall equal the	96927
percentage specified in division (B) of this section of the	96928
hospital's total facility costs for the period of time specified	96929
in division (C) of this section. The amount of a hospital's total	96930
facility costs shall be derived from cost-reporting data for the	96931
hospital submitted to the department of job and family services	96932
for purposes of the hospital care assurance program. The	96933
cost-reporting data used to determine a hospital's assessment is	96934
subject to the same type of adjustments made to the data under the	96935
hospital care assurance program.	96936

(B) The percentage specified in this division is the	96937
following:	96938

(1) For the first assessment program year beginning after the	96939
effective date of this section, one and fifty-two hundredths per	96940
cent;	96941

(2) For the second assessment program year after the	96942
effective date of this section and each successive assessment	96943
program year, one and sixty-one hundredths per cent.	96944

(C) The period of time specified in this division is the	96945
hospital's cost reporting period that ends in the state fiscal	96946
year that ends in the federal fiscal year that precedes the	96947
federal fiscal year that precedes the assessment program year for	96948
which the assessment is imposed.	96949

(D) The assessment imposed by this section on a hospital is	96950
in addition to the assessment imposed by section 5112.06 of the	96951
Revised Code.	96952

Sec. 5112.42. (A) Before or during each assessment program	96953
year, the department of job and family services shall mail to each	96954
hospital by certified mail, return receipt requested, the	96955
preliminary determination of the amount that the hospital is	96956
assessed under section 5112.41 of the Revised Code for the	96957
assessment program year. Except as provided in division (B) of	96958
this section, the preliminary determination becomes the final	96959
determination for the assessment program year fifteen days after	96960
the preliminary determination is mailed to the hospital.	96961

(B) A hospital may request that the department reconsider the	96962
preliminary determination mailed to the hospital under division	96963
(A) of this section by submitting to the department a written	96964
request for a reconsideration not later than fourteen days after	96965
the hospital's preliminary determination is mailed to the	96966
hospital. The request must be accompanied by written materials	96967
setting forth the basis for the reconsideration. On receipt of the	96968
timely request, the department shall reconsider the preliminary	96969
determination and may adjust the preliminary determination on the	96970
basis of the written materials accompanying the request. The	96971
result of the reconsideration is the final determination of the	96972
hospital's assessment under section 5112.41 of the Revised Code	96973
for the assessment program year.	96974

(C) The department shall mail to each hospital a written	96975
notice of the final determination of its assessment for the	96976
assessment program year. A hospital may appeal the final	96977
determination to the court of common pleas of Franklin county.	96978
While a judicial appeal is pending, the hospital shall pay, in	96979
accordance with section 5112.43 of the Revised Code, any amount of	96980
its assessment that is not in dispute.	96981

Sec. 5112.43. Each hospital shall pay the amount it is	96982
assessed under section 5112.41 of the Revised Code in three equal	96983
installments due on the fifteenth day of December, the fifteenth	96984
day of March, and the fifteenth day of June of each assessment	96985
program year unless rules adopted under section 5112.46 of the	96986
Revised Code establish a different payment schedule.	96987

Sec. 5112.44. The department of job and family services may	96988
audit a hospital to ensure that the hospital properly pays the	96989
amount it is assessed under section 5112.41 of the Revised Code.	96990
The department shall take action to recover from a hospital any	96991
amount the audit reveals that the hospital should have paid but	96992
did not pay.	96993

Sec. 5112.45. There is hereby created in the state treasury	96994
the hospital assessment fund. All installment payments made by	96995
hospitals under section 5112.43 of the Revised Code and all	96996
recoveries the department of job and family services makes under	96997
section 5112.44 of the Revised Code shall be deposited into the	96998
fund. All investment earnings of the fund shall be credited to the	96999
fund. The department shall use money in the fund to pay for the	97000
costs of the medicaid program, including the program's	97001
administrative costs. Of the amounts deposited into the fund	97002
during the first assessment program year beginning after the	97003
effective date of this section, sixteen and forty-five hundredths	97004
per cent shall be used for the hospital inpatient and outpatient	97005
supplemental upper payment limit program created under section	97006
5112.451 of the Revised Code. Of the amounts deposited into the	97007
fund during the second assessment program year beginning after the	97008
effective date of this section and each successive assessment	97009
program year, fourteen and ninety-one hundredths per cent shall be	97010
used for the hospital inpatient and outpatient supplemental upper	97011
payment limit program.	97012

Sec. 5112.451. The director of job and family services shall	97013
submit a medicaid state plan amendment to the United States	97014
secretary of health and human services to create the hospital	97015
inpatient and outpatient supplemental upper payment limit program.	97016
If the United States secretary approves the medicaid state plan	97017
amendment, the program shall make supplemental medicaid payments	97018
to hospitals for inpatient services and outpatient services	97019
covered by medicaid with funds made available for the program	97020
under section 5112.45 of the Revised Code and federal matching	97021
funds available for the program.	97022

Sec. 5112.46. (A) The director of job and family services	97023
may adopt, amend, and rescind rules in accordance with Chapter	97024
119. of the Revised Code as necessary to implement sections	97025
5112.40 to 5112.48 of the Revised Code.	97026

(B) The rules adopted under this section may provide that a	97027
hospital's total facility costs for the purpose of the assessment	97028
under section 5112.41 of the Revised Code exclude any of the	97029
following:	97030

(1) A hospital's costs associated with providing care to	97031
recipients of any of the following:	97032

(a) The medicaid program;

97033

(b) The medicare program;

97034

(c) The disability financial assistance program established	97035
under Chapter 5115. of the Revised Code;	97036

(d) The disability medical assistance program established	97037
under Chapter 5115. of the Revised Code;	97038

(e) The program for medically handicapped children	97039
established under section 3701.023 of the Revised Code;	97040

(f) Services provided under the maternal and child health	97041
services block grant established under Title V of the Social	97042
Security Act.	97043

(2) Any other category of hospital costs the director deems	97044
appropriate under federal law and regulations governing the	97045
medicaid program.	97046

Sec. 5112.47. The director of job and family services shall	97047
implement the assessment imposed by section 5112.41 of the Revised	97048
Code in a manner that does not cause a reduction in federal	97049
financial participation for the medicaid program under 42 U.S.C.	97050
1396b(w).	97051

Sec. 5112.48. If the United States secretary of health and	97052
human services determines that the assessment imposed by section	97053
5112.41 of the Revised Code is an impermissible health	97054
care-related tax under 42 U.S.C. 1396b(w), the director of job and	97055
family services shall take all necessary actions to cease	97056
implementation of sections 5112.40 to 5112.47 of the Revised Code	97057
and shall promptly refund to each hospital the amount of money in	97058
the hospital assessment fund at the time the refund is to be made	97059
that the hospital paid under section 5112.43 of the Revised Code,	97060
plus any corresponding investment earnings on that amount.	97061

Sec. 5115.03. (A) The director of job and family services	97062
shall adopt rules in accordance with section 111.15 of the Revised	97063
Code governing the disability financial assistance program. The	97064
rules may establish or specify any or all of the following:	97065

(1) Maximum payment amounts under the disability financial	97066
assistance program, based on state appropriations for the program;	97067

(2) Limits on the length of time an individual may receive	97068
disability financial assistance;	97069

(3) Limits on the total number of individuals in the state	97070
who may receive disability financial assistance;	97071

(4) Income, resource, citizenship, age, residence, living	97072
arrangement, and other eligibility requirements for disability	97073
financial assistance;	97074

(5) Procedures for disregarding amounts of earned and	97075
unearned income for the purpose of determining eligibility for	97076
disability financial assistance and the amount of assistance to be	97077
provided;	97078

(6) Procedures for including the income and resources, or a	97079
certain amount of the income and resources, of a member of an	97080
individual's family when determining eligibility for disability	97081
financial assistance and the amount of assistance to be provided.	97082

(B) In establishing or specifying eligibility requirements	97083
for disability financial assistance, the director shall exclude	97084
the value of any tuition payment contract entered into under	97085
section 3334.09 of the Revised Code or any scholarship awarded	97086
under section 3334.18 of the Revised Code and the amount of	97087
payments made ~~by the Ohio tuition trust authority~~ under section	97088
3334.09 of the Revised Code pursuant to the contract or	97089
scholarship. The director shall not require any individual to	97090
terminate a tuition payment contract entered into under Chapter	97091
3334. of the Revised Code as a condition of eligibility for	97092
disability financial assistance. The director shall consider as	97093
income any refund paid under section 3334.10 of the Revised Code.	97094

(C) Notwithstanding section 3109.01 of the Revised Code, when	97095
a disability financial assistance applicant or recipient who is at	97096
least eighteen but under twenty-two years of age resides with the	97097
applicant's or recipient's parents, the income of the parents	97098
shall be taken into account in determining the applicant's or	97099
recipient's financial eligibility. In the rules adopted under this	97100
section, the director shall specify procedures for determining the	97101
amount of income to be attributed to applicants and recipients in	97102
this age category.	97103

(D) For purposes of limiting the cost of the disability	97104
financial assistance program, the director may do either or both	97105
of the following:	97106

(1) Adopt rules in accordance with section 111.15 of the	97107
Revised Code that revise the program's eligibility requirements,	97108
the maximum payment amounts, or any other requirement or standard	97109
established or specified in the rules adopted by the director;	97110

(2) Suspend acceptance of applications for disability	97111
financial assistance. While a suspension is in effect, no person	97112
shall receive a determination or redetermination of eligibility	97113
for disability financial assistance unless the person was	97114
receiving the assistance during the month immediately preceding	97115
the suspension's effective date or the person submitted an	97116
application prior to the suspension's effective date and receives	97117
a determination of eligibility based on that application. The	97118
director may adopt rules in accordance with section 111.15 of the	97119
Revised Code establishing requirements and specifying procedures	97120
applicable to the suspension of acceptance of applications.	97121

Sec. 5119.16. As used in this section, "free clinic" has the	97122
same meaning as in section 2305.2341 of the Revised Code.	97123

(A) The department of mental health ~~is hereby designated to~~	97124
may provide certain goods and services for the department of	97125
mental health, the department of mental retardation and	97126
developmental disabilities, the department of rehabilitation and	97127
correction, the department of youth services, and other state,	97128
county, or municipal agencies requesting such goods and services	97129
when the department of mental health determines that it is in the	97130
public interest, and considers it advisable, to provide these	97131
goods and services. The department of mental health also may	97132
provide goods and services to agencies operated by the United	97133
States government and to public or private nonprofit agencies,	97134
other than free clinics, that are funded in whole or in part by	97135
the state if the public or private nonprofit agencies are	97136
designated for participation in this program by the director of	97137
mental health for community mental health agencies, the director	97138
of mental retardation and developmental disabilities for community	97139
mental retardation and developmental disabilities agencies, the	97140
director of rehabilitation and correction for community	97141
rehabilitation and correction agencies, or the director of youth	97142
services for community youth services agencies.	97143

Designated community agencies shall receive goods and	97144
services through the department of mental health only in those	97145
cases where the designating state agency certifies that providing	97146
such goods and services to the agency will conserve public	97147
resources to the benefit of the public and where the provision of	97148
such goods and services is considered feasible by the department	97149
of mental health.	97150

(B) The department of mental health may permit free clinics	97151
to purchase certain goods and services to the extent the purchases	97152
fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13	97153
et seq., applicable to ~~non-profit~~nonprofit institutions, in 15	97154
U.S.C. 13c, as amended.	97155

(C) The goods and services tothat may be provided by the	97156
department of mental health under divisions (A) and (B) of this	97157
section may include:	97158

(1) Procurement, storage, processing, and distribution of	97159
food and professional consultation on food operations;	97160

(2) Procurement, storage, and distribution of medical and	97161
laboratory supplies, dental supplies, medical records, forms,	97162
optical supplies, and sundries~~, subject to section 5120.135 of the~~	97163
~~Revised Code~~;	97164

(3) Procurement, storage, repackaging, distribution, and	97165
dispensing of drugs, the provision of professional pharmacy	97166
consultation, and drug information services;	97167

(4) Other goods and services ~~as may be agreed to~~.

97168

(D) The department of mental health ~~shall~~may provide the	97169
goods and services designated in division (C) of this section to	97170
its institutions and to state-operated community-based mental	97171
health services.	97172

(E) After consultation with and advice from the director of	97173
mental retardation and developmental disabilities, the director of	97174
rehabilitation and correction, and the director of youth services,	97175
the department of mental health ~~shall~~may provide the goods and	97176
services designated in division (C) of this section to the	97177
department of mental retardation and developmental disabilities,	97178
the department of rehabilitation and correction, and the	97179
department of youth services.	97180

(F) The cost of administration of this section shall be	97181
determined by the department of mental health and paid by the	97182
agencies or free clinics receiving the goods and services to the	97183
department for deposit in the state treasury to the credit of the	97184
mental health fund, which is hereby created. The fund shall be	97185
used to pay the cost of administration of this section to the	97186
department.	97187

(G) ~~If the goods or services designated in division (C) of~~	97188
~~this section are not provided in a satisfactory manner by the~~	97189
~~department of mental health to the agencies described in division~~	97190
~~(A) of this section, the director of mental retardation and~~	97191
~~developmental disabilities, the director of rehabilitation and~~	97192
~~correction, the director of youth services, or the managing~~	97193
~~officer of a department of mental health institution shall attempt~~	97194
~~to resolve unsatisfactory service with the director of mental~~	97195
~~health. If, after such attempt, the provision of goods or services~~	97196
~~continues to be unsatisfactory, the director or officer shall~~	97197
~~notify the director of mental health. If within thirty days of~~	97198
~~such notice the department of mental health does not provide the~~	97199
~~specified goods and services in a satisfactory manner, the~~	97200
~~director of mental retardation and developmental disabilities, the~~	97201
~~director of rehabilitation and correction, the director of youth~~	97202
~~services, or the managing officer of the department of mental~~	97203
~~health institution shall notify the director of mental health of~~	97204
~~the director's or managing officer's intent to cease purchasing~~	97205
~~goods and services from the department. Following a sixty-day~~	97206
~~cancellation period from the date of such notice, the department~~	97207
~~of mental retardation, department of rehabilitation and~~	97208
~~correction, department of youth services, or the department of~~	97209
~~mental health institution may obtain the goods and services from a~~	97210
~~source other than the department of mental health, if the~~	97211
~~department certifies to the department of administrative services~~	97212
~~that the requirements of this division have been met.~~	97213

~~(H)~~ Whenever a state agency fails to make a payment for goods	97214
and services provided under this section within thirty-one days	97215
after the date the payment was due, the office of budget and	97216
management may transfer moneys from the state agency to the	97217
department of mental health. The amount transferred shall not	97218
exceed the amount of overdue payments. Prior to making a transfer	97219
under this division, the office of budget and management shall	97220
apply any credits the state agency has accumulated in payments for	97221
goods and services provided under this section.	97222

~~(I)~~(H) Purchases of goods and services under this section are	97223
not subject to section 307.86 of the Revised Code.	97224

Sec. 5119.61. Any provision in this chapter that refers to a	97225
board of alcohol, drug addiction, and mental health services also	97226
refers to the community mental health board in an alcohol, drug	97227
addiction, and mental health service district that has a community	97228
mental health board.	97229

The director of mental health with respect to all facilities	97230
and programs established and operated under Chapter 340. of the	97231
Revised Code for mentally ill and emotionally disturbed persons,	97232
shall do all of the following:	97233

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	97234
that may be necessary to carry out the purposes of Chapter 340.	97235
and sections 5119.61 to 5119.63 of the Revised Code.	97236

(1) The rules shall include all of the following:

97237

(a) Rules governing a community mental health agency's	97238
services under section 340.091 of the Revised Code to an	97239
individual referred to the agency under division (C)(2) of section	97240
173.35 of the Revised Code;	97241

(b) For the purpose of division (A)(16) of section 340.03 of	97242
the Revised Code, rules governing the duties of mental health	97243
agencies and boards of alcohol, drug addiction, and mental health	97244
services under section 3722.18 of the Revised Code regarding	97245
referrals of individuals with mental illness or severe mental	97246
disability to adult care facilities and effective arrangements for	97247
ongoing mental health services for the individuals. The rules	97248
shall do at least the following:	97249

(i) Provide for agencies and boards to participate fully in	97250
the procedures owners and managers of adult care facilities must	97251
follow under division (A)~~(2)~~ of section 3722.18 of the Revised	97252
Code;	97253

(ii) Specify the manner in which boards are accountable for	97254
ensuring that ongoing mental health services are effectively	97255
arranged for individuals with mental illness or severe mental	97256
disability who are referred by the board or mental health agency	97257
under contract with the board to an adult care facility.	97258

(c) Rules governing a board of alcohol, drug addiction, and	97259
mental health services when making a report to the director of	97260
health under section 3722.17 of the Revised Code regarding the	97261
quality of care and services provided by an adult care facility to	97262
a person with mental illness or a severe mental disability.	97263

(2) Rules may be adopted to govern the method of paying a	97264
community mental health facility, as defined in section 5111.023	97265
of the Revised Code, for providing services listed in division (B)	97266
of that section. Such rules must be consistent with the contract	97267
entered into between the departments of job and family services	97268
and mental health under section 5111.91 of the Revised Code and	97269
include requirements ensuring appropriate service utilization.	97270

(B) Review and evaluate, and, taking into account the	97271
findings and recommendations of the board of alcohol, drug	97272
addiction, and mental health services of the district served by	97273
the program and the requirements and priorities of the state	97274
mental health plan, including the needs of residents of the	97275
district now residing in state mental institutions, approve and	97276
allocate funds to support community programs, and make	97277
recommendations for needed improvements to boards of alcohol, drug	97278
addiction, and mental health services;	97279

(C) Withhold state and federal funds for any program, in	97280
whole or in part, from a board of alcohol, drug addiction, and	97281
mental health services in the event of failure of that program to	97282
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	97283
or 5119.62 of the Revised Code or rules of the department of	97284
mental health. The director shall identify the areas of	97285
noncompliance and the action necessary to achieve compliance. The	97286
director shall offer technical assistance to the board to achieve	97287
compliance. The director shall give the board a reasonable time	97288
within which to comply or to present its position that it is in	97289
compliance. Before withholding funds, a hearing shall be conducted	97290
to determine if there are continuing violations and that either	97291
assistance is rejected or the board is unable to achieve	97292
compliance. Subsequent to the hearing process, if it is determined	97293
that compliance has not been achieved, the director may allocate	97294
all or part of the withheld funds to a public or private agency to	97295
provide the services not in compliance until the time that there	97296
is compliance. The director shall establish rules pursuant to	97297
Chapter 119. of the Revised Code to implement this division.	97298

(D) Withhold state or federal funds from a board of alcohol,	97299
drug addiction, and mental health services that denies available	97300
service on the basis of religion, race, color, creed, sex,	97301
national origin, age, disability as defined in section 4112.01 of	97302
the Revised Code, developmental disability, or the inability to	97303
pay;	97304

(E) Provide consultative services to community mental health	97305
agencies with the knowledge and cooperation of the board of	97306
alcohol, drug addiction, and mental health services;	97307

(F) Provide to boards of alcohol, drug addiction, and mental	97308
health services state or federal funds, in addition to those	97309
allocated under section 5119.62 of the Revised Code, for special	97310
programs or projects the director considers necessary but for	97311
which local funds are not available;	97312

(G) Establish criteria by which a board of alcohol, drug	97313
addiction, and mental health services reviews and evaluates the	97314
quality, effectiveness, and efficiency of services provided	97315
through its community mental health plan. The criteria shall	97316
include requirements ensuring appropriate service utilization. The	97317
department shall assess a board's evaluation of services and the	97318
compliance of each board with this section, Chapter 340. or	97319
section 5119.62 of the Revised Code, and other state or federal	97320
law and regulations. The department, in cooperation with the	97321
board, periodically shall review and evaluate the quality,	97322
effectiveness, and efficiency of services provided through each	97323
board. The department shall collect information that is necessary	97324
to perform these functions.	97325

(H) Develop and operate a community mental health information	97326
system or systems.	97327

Boards of alcohol, drug abuse, and mental health services	97328
shall submit information requested by the department in the form	97329
and manner prescribed by the department. Information collected by	97330
the department shall include, but not be limited to, all of the	97331
following:	97332

(1) Information regarding units of services provided in whole	97333
or in part under contract with a board, including diagnosis and	97334
special needs, demographic information, the number of units of	97335
service provided, past treatment, financial status, and service	97336
dates in accordance with rules adopted by the department in	97337
accordance with Chapter 119. of the Revised Code;	97338

(2) Financial information other than price or price-related	97339
data regarding expenditures of boards and community mental health	97340
agencies, including units of service provided, budgeted and actual	97341
expenses by type, and sources of funds.	97342

Boards shall submit the information specified in division	97343
(H)(1) of this section no less frequently than annually for each	97344
client, and each time the client's case is opened or closed. The	97345
department shall not collect any personal information ~~for the~~	97346
~~purpose of identifying by name any person who receives a service~~	97347
~~through a board of alcohol, drug addiction, and mental health~~	97348
~~services,~~from the boards except as required or permitted by state	97349
or federal law ~~to validate appropriate reimbursement. For the~~	97350
~~purposes of division (H)(1) of this section, the department shall~~	97351
~~use an identification system that is consistent with applicable~~	97352
~~nationally recognized standards~~for purposes related to payment,	97353
health care operations, program and service evaluation, reporting	97354
activities, research, system administration, and oversight.	97355

(I) Review each board's community mental health plan	97356
submitted pursuant to section 340.03 of the Revised Code and	97357
approve or disapprove it in whole or in part. Periodically, in	97358
consultation with representatives of boards and after considering	97359
the recommendations of the medical director, the director shall	97360
issue criteria for determining when a plan is complete, criteria	97361
for plan approval or disapproval, and provisions for conditional	97362
approval. The factors that the director considers may include, but	97363
are not limited to, the following:	97364

(1) The mental health needs of all persons residing within	97365
the board's service district, especially severely mentally	97366
disabled children, adolescents, and adults;	97367

(2) The demonstrated quality, effectiveness, efficiency, and	97368
cultural relevance of the services provided in each service	97369
district, the extent to which any services are duplicative of	97370
other available services, and whether the services meet the needs	97371
identified above;	97372

(3) The adequacy of the board's accounting for the	97373
expenditure of funds.	97374

If the director disapproves all or part of any plan, the	97375
director shall provide the board an opportunity to present its	97376
position. The director shall inform the board of the reasons for	97377
the disapproval and of the criteria that must be met before the	97378
plan may be approved. The director shall give the board a	97379
reasonable time within which to meet the criteria, and shall offer	97380
technical assistance to the board to help it meet the criteria.	97381

If the approval of a plan remains in dispute thirty days	97382
prior to the conclusion of the fiscal year in which the board's	97383
current plan is scheduled to expire, the board or the director may	97384
request that the dispute be submitted to a mutually agreed upon	97385
third-party mediator with the cost to be shared by the board and	97386
the department. The mediator shall issue to the board and the	97387
department recommendations for resolution of the dispute. Prior to	97388
the conclusion of the fiscal year in which the current plan is	97389
scheduled to expire, the director, taking into consideration the	97390
recommendations of the mediator, shall make a final determination	97391
and approve or disapprove the plan, in whole or in part.	97392

Sec. 5119.613. For purposes of Chapter 3722. of the Revised	97393
Code, the director of mental health shall approve a standardized	97394
form to be used in all areas of this state by adult care	97395
facilities and boards of alcohol, drug addiction, and mental	97396
health services when entering into mental health resident program	97397
participation agreements. As part of approving the form, the	97398
director shall specify the requirements that adult care facilities	97399
must meet in order to be authorized to admit residents who are	97400
receiving or are eligible for publicly funded mental health	97401
services.	97402

Sec. 5119.621. (A)(1) When the director of mental health	97403
provides state or federal funds under section 5119.62 of the	97404
Revised Code to a board of alcohol, drug addiction, and mental	97405
health services for local management of mental health services,	97406
the director shall establish a limit on the amount or portion of	97407
the funds that may be used for administrative purposes and	97408
specify the permissible uses of the funds for administrative	97409
purposes.	97410

(2) In establishing the limit on the amount or portion of the	97411
funds that may be used for administrative purposes, the director	97412
shall take into account both of the following:	97413

(a) The board's community mental health plan approved under	97414
division (I) of section 5119.61 of the Revised Code;	97415

(b) The board's total budget for mental health services.

97416

(3) In specifying the permissible uses of the funds for	97417
administrative purposes, the director shall establish general	97418
categories that describe the function for which the funds may be	97419
used. The categories may include any of the following:	97420

(a) Continuous quality improvement;

97421

(b) Utilization review;

97422

97423

(d) Fiscal administration;

97424

(e) General administration;

97425

(f) Other functions required under Chapter 340. of the	97426
Revised Code.	97427

(4) A board shall account for its use of the funds for	97428
administrative purposes by submitting an annual report to the	97429
director. The report shall include details about the board's use	97430
of the funds according to the general categories of permissible	97431
uses established by the director.	97432

(B) By submitting a written application to the director, a	97433
board may seek a variance or waiver regarding the amount or	97434
portion established under division (A)(1) of this section as the	97435
maximum that may be used for administrative purposes. The	97436
director has sole discretion in granting or denying the variance	97437
or waiver. The director's determination is final.	97438

(C) The director may deny state or federal funds to a board	97439
that exceeds the limit established under division (A)(1) of this	97440
section.	97441

Sec. 5119.622. (A) Notwithstanding the provisions of	97442
section 5119.62 of the Revised Code referring to the allocation	97443
of funds appropriated from the general revenue fund for local	97444
management of mental health services to separate boards of	97445
alcohol, drug addiction, and mental health services, the	97446
director of mental health may allocate the funds to groups of two	97447
or more boards, but only if the boards included in a proposed	97448
group of boards agree to the group allocation in lieu of separate	97449
allocations.	97450

(B) If funds for local management of mental health services	97451
are allocated to groups of boards pursuant to division (A) of	97452
this section, the director shall require the boards included in	97453
each group to timely submit to the director a joint plan for the	97454
provision of mental health services and use of the funds.	97455

(C) The director shall, at the request of a single board or	97456
group of two or more boards, consider a proposal for mental health	97457
services to be funded on a regional or statewide basis.	97458

(D)(1) Notwithstanding the provisions of section 5119.621 of	97459
the Revised Code referring to the director's authority to	97460
establish for separate boards a limit on the amount or portion of	97461
state or federal funds provided under section 5119.62 of the	97462
Revised Code that may be used for administrative purposes, the	97463
director may specify a maximum amount or portion of such funds	97464
that may be used by the group of boards for administrative	97465
purposes if the conditions in division (A) of this section are	97466
satisfied.	97467

(2) To accommodate the establishment of a maximum amount or	97468
portion of state or federal funds that may be used by a group of	97469
boards for administrative purposes pursuant to division (D)(1) of	97470
this section, the director shall make all necessary adjustments in	97471
the procedures specified under section 5119.621 of the Revised	97472
Code.	97473

(E) In addition to the adjustments made by the director under	97474
this section, all references in the Revised Code to the provision	97475
of state or federal funds to separate boards or to the use of	97476
state or federal funds by separate boards for administrative	97477
purposes constitute references to groups of boards as the	97478
director considers necessary to accommodate the provision of	97479
state or federal funds to groups of boards under this section.	97480

Sec. 5120.032. (A) No later than January 1, 1998, the	97481
department of rehabilitation and correction ~~shall~~may develop and	97482
implement intensive program prisons for male and female prisoners	97483
other than prisoners described in division (B)(2) of this section.	97484
The intensive program prisons, if developed and implemented, shall	97485
include institutions at which imprisonment of the type described	97486
in division (B)(2)(a) of section 5120.031 of the Revised Code is	97487
provided and prisons that focus on educational achievement,	97488
vocational training, alcohol and other drug abuse treatment,	97489
community service and conservation work, and other intensive	97490
regimens or combinations of intensive regimens.	97491

(B)(1)(a) Except as provided in division (B)(2) of this	97492
section, if one or more intensive program prisons are established	97493
under this section, if an offender is sentenced to a term of	97494
imprisonment under the custody of the department, if the	97495
sentencing court either recommends the prisoner for placement in	97496
~~the~~an intensive program prison under this section or makes no	97497
recommendation on placement of the prisoner, and if the department	97498
determines that the prisoner is eligible for placement in an	97499
intensive program prison under this section, the department may	97500
place the prisoner in an intensive program prison established	97501
pursuant to division (A) of this section. If the sentencing court	97502
disapproves placement of the prisoner in an intensive program	97503
prison, the department shall not place the prisoner in any	97504
intensive program prison.	97505

If the sentencing court recommends a prisoner for placement	97506
in an intensive program prison and if the department subsequently	97507
places the prisoner in the recommended prison, the department	97508
shall notify the court of the prisoner's placement in the	97509
recommended intensive program prison and shall include with the	97510
notice a brief description of the placement.	97511

If the sentencing court recommends placement of a prisoner in	97512
an intensive program prison and the department for any reason does	97513
not subsequently place the prisoner in the recommended prison, the	97514
department shall send a notice to the court indicating why the	97515
prisoner was not placed in the recommended prison.	97516

If the sentencing court does not make a recommendation on the	97517
placement of a prisoner in an intensive program prison and if the	97518
department determines that the prisoner is eligible for placement	97519
in a prison of that nature, the department shall screen the	97520
prisoner and determine if the prisoner is suited for the prison.	97521
If the prisoner is suited for ~~the~~an intensive program prison, at	97522
least three weeks prior to placing the prisoner in the prison, the	97523
department shall notify the sentencing court of the proposed	97524
placement of the prisoner in the intensive program prison and	97525
shall include with the notice a brief description of the	97526
placement. The court shall have ten days from receipt of the	97527
notice to disapprove the placement. If the sentencing court	97528
disapproves the placement, the department shall not proceed with	97529
it. If the sentencing court does not timely disapprove of the	97530
placement, the department may proceed with plans for it.	97531

If the department determines that a prisoner is not eligible	97532
for placement in an intensive program prison, the department shall	97533
not place the prisoner in any intensive program prison.	97534

(b) The department may reduce the stated prison term of a	97535
prisoner upon the prisoner's successful completion of a ninety-day	97536
period in an intensive program prison. A prisoner whose term has	97537
been so reduced shall be required to serve an intermediate,	97538
transitional type of detention followed by a release under	97539
post-release control sanctions or, in the alternative, shall be	97540
placed under post-release control sanctions, as described in	97541
division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In	97542
either case, the placement under post-release control sanctions	97543
shall be under terms set by the parole board in accordance with	97544
section 2967.28 of the Revised Code and shall be subject to the	97545
provisions of that section and section 2929.141 of the Revised	97546
Code with respect to a violation of any post-release control	97547
sanction.	97548

(2) A prisoner who is in any of the following categories is	97549
not eligible to participate in an intensive program prison	97550
established pursuant to division (A) of this section:	97551

(a) The prisoner is serving a prison term for aggravated	97552
murder, murder, or a felony of the first or second degree or a	97553
comparable offense under the law in effect prior to July 1, 1996,	97554
or the prisoner previously has been imprisoned for aggravated	97555
murder, murder, or a felony of the first or second degree or a	97556
comparable offense under the law in effect prior to July 1, 1996.	97557

(b) The prisoner is serving a mandatory prison term, as	97558
defined in section 2929.01 of the Revised Code.	97559

(c) The prisoner is serving a prison term for a felony of the	97560
third, fourth, or fifth degree that either is a sex offense, an	97561
offense betraying public trust, or an offense in which the	97562
prisoner caused or attempted to cause actual physical harm to a	97563
person, the prisoner is serving a prison term for a comparable	97564
offense under the law in effect prior to July 1, 1996, or the	97565
prisoner previously has been imprisoned for an offense of that	97566
type or a comparable offense under the law in effect prior to July	97567
1, 1996.	97568

(d) The prisoner is serving a mandatory prison term in prison	97569
for a third or fourth degree felony OVI offense, as defined in	97570
section 2929.01 of the Revised Code, that was imposed pursuant to	97571
division (G)(2) of section 2929.13 of the Revised Code.	97572

(C) Upon the implementation of intensive program prisons	97573
pursuant to division (A) of this section, the department at all	97574
times shall maintain intensive program prisons sufficient in	97575
number to reduce the prison terms of at least three hundred fifty	97576
prisoners who are eligible for reduction of their stated prison	97577
terms as a result of their completion of a regimen in an intensive	97578
program prison under this section.	97579

Sec. 5120.033. (A) As used in this section, "third degree	97580
felony OVI offense" and "fourth degree felony OVI offense" have	97581
the same meanings as in section 2929.01 of the Revised Code.	97582

(B) Within eighteen months after October 17, 1996, the	97583
department of rehabilitation and correction ~~shall~~may develop and	97584
implement intensive program prisons for male and female prisoners	97585
who are sentenced pursuant to division (G)(2) of section 2929.13	97586
of the Revised Code to a mandatory prison term for a third or	97587
fourth degree felony OVI offense. ~~The~~If one or more intensive	97588
program prisons are established under this section, the department	97589
~~shall~~may contract pursuant to section 9.06 of the Revised Code	97590
for the private operation and management of the initial intensive	97591
program prison established under this section and may contract	97592
pursuant to that section for the private operation and management	97593
of any other intensive program prison established under this	97594
section. The intensive program prisons, if established under this	97595
section, shall include prisons that focus on educational	97596
achievement, vocational training, alcohol and other drug abuse	97597
treatment, community service and conservation work, and other	97598
intensive regimens or combinations of intensive regimens.	97599

(C) Except as provided in division (D) of this section, the	97600
department may place a prisoner who is sentenced to a mandatory	97601
prison term for a third or fourth degree felony OVI offense in an	97602
intensive program prison established pursuant to division (B) of	97603
this section if the sentencing judge, upon notification by the	97604
department of its intent to place the prisoner in an intensive	97605
program prison, does not notify the department that the judge	97606
disapproves the placement. If the stated prison term imposed on a	97607
prisoner who is so placed is longer than the mandatory prison term	97608
that is required to be imposed on the prisoner, the department may	97609
reduce the stated prison term upon the prisoner's successful	97610
completion of the prisoner's mandatory prison term in an intensive	97611
program prison. A prisoner whose term has been so reduced shall be	97612
required to serve an intermediate, transitional type of detention	97613
followed by a release under post-release control sanctions or, in	97614
the alternative, shall be placed under post-release control	97615
sanctions, as described in division (B)(2)(b)(ii) of section	97616
5120.031 of the Revised Code. In either case, the placement under	97617
post-release control sanctions shall be under terms set by the	97618
parole board in accordance with section 2967.28 of the Revised	97619
Code and shall be subject to the provisions of that section and	97620
section 2929.141 of the Revised Code with respect to a violation	97621
of any post-release control sanction. ~~Upon the establishment of~~	97622
~~the initial~~If one or more intensive program ~~prison~~prisons are	97623
established pursuant to division (B) of this section ~~that is~~and	97624
if as described in that division the initial intensive program	97625
prison is to be privately operated and managed by a contractor	97626
pursuant to a contract the department entered into under section	97627
9.06 of the Revised Code, upon the establishment of that initial	97628
intensive program prison the department shall comply with	97629
divisions (G)(2)(a) and (b) of section 2929.13 of the Revised Code	97630
in placing prisoners in intensive program prisons under this	97631
section.	97632

(D) A prisoner who is sentenced to a mandatory prison term	97633
for a third or fourth degree felony OVI offense is not eligible to	97634
participate in an intensive program prison established under	97635
division (B) of this section if any of the following applies	97636
regarding the prisoner:	97637

(1) In addition to the mandatory prison term for the third or	97638
fourth degree felony OVI offense, the prisoner also is serving a	97639
prison term of a type described in division (B)(2)(a), (b), or (c)	97640
of section 5120.032 of the Revised Code.	97641

(2) The prisoner previously has been imprisoned for an	97642
offense of a type described in division (B)(2)(a) or (c) of	97643
section 5120.032 of the Revised Code or a comparable offense under	97644
the law in effect prior to July 1, 1996.	97645

(E) Intensive program prisons established under division (B)	97646
of this section are not subject to section 5120.032 of the Revised	97647
Code.	97648

Sec. 5120.09. Under the supervision and control of the	97649
director of rehabilitation and correction, the division of	97650
business administration shall do all of the following:	97651

(A) Submit the budgets for the several divisions of the	97652
department of rehabilitation and correction, as prepared by the	97653
respective chiefs of those divisions, to the director. The	97654
director, with the assistance of the chief of the division of	97655
business administration, shall compile a departmental budget that	97656
contains all proposals submitted by the chiefs of the divisions	97657
and shall forward the departmental budget to the governor with	97658
comments and recommendations that the director considers	97659
necessary.	97660

(B) Maintain accounts and records and compile statistics that	97661
the director prescribes;	97662

(C) Under the control of the director, coordinate and make	97663
the necessary purchases and requisitions for the department and	97664
its divisions, except ~~as provided under~~when goods and services	97665
are provided to the department as described in section 5119.16 of	97666
the Revised Code;	97667

(D) Administer within this state federal criminal justice	97668
acts that the governor requires the department to administer. In	97669
order to improve the criminal justice system of this state, the	97670
division of business administration shall apply for, allocate,	97671
disburse, and account for grants that are made available pursuant	97672
to those federal criminal justice acts and grants that are made	97673
available from other federal government sources, state government	97674
sources, or private sources. As used in this division, "criminal	97675
justice system" and "federal criminal justice acts" have the same	97676
meanings as in section 5502.61 of the Revised Code.	97677

(E) Audit the activities of governmental entities, persons as	97678
defined in section 1.59 of the Revised Code, and other types of	97679
nongovernmental entities that are financed in whole or in part by	97680
funds that the department allocates or disburses and that are	97681
derived from grants described in division (D) of this section;	97682

(F) Enter into contracts, including contracts with federal,	97683
state, or local governmental entities, persons as defined in	97684
section 1.59 of the Revised Code, foundations, and other types of	97685
nongovernmental entities, that are necessary for the department to	97686
carry out its duties and that neither the director nor another	97687
section of the Revised Code authorizes another division of the	97688
department to enter;	97689

(G) Exercise other powers and perform other duties that the	97690
director may assign to the division of business administration.	97691

Sec. 5120.135. (A) As used in this section, "laboratory	97692
services" includes the performance of medical laboratory analysis;	97693
professional laboratory and pathologist consultation; the	97694
procurement, storage, and distribution of laboratory supplies; and	97695
the performance of phlebotomy services.	97696

(B) The department of rehabilitation and correction ~~shall~~may	97697
provide laboratory services to all of the following:	97698

(1) The departments of mental health, mental retardation and	97699
developmental disabilities, youth services, and rehabilitation and	97700
correction~~. The department of rehabilitation and correction may~~	97701
~~also provide laboratory services to other~~;	97702

(2) Other state, county, or municipal agencies and to private	97703
persons that request laboratory services if the department of	97704
rehabilitation and correction determines that the provision of	97705
laboratory services is in the public interest and considers it	97706
advisable to provide such services~~. The department of~~	97707
~~rehabilitation and correction may also provide laboratory services~~	97708
~~to agencies~~;	97709

(3) Agencies operated by the United States government and to	97710
public and private entities funded in whole or in part by the	97711
state if the director of rehabilitation and correction designates	97712
them as eligible to receive ~~such~~laboratory services.	97713

(c) The department of rehabilitation and correction shall	97714
provide laboratory services from a laboratory that complies with	97715
the standards for certification set by the United States	97716
department of health and human services under the "Clinical	97717
Laboratory Improvement Amendments of 1988," 102 Stat. 293, 42	97718
U.S.C.A. 263a. In addition, the laboratory shall maintain	97719
accreditation or certification with an appropriate accrediting or	97720
certifying organization as considered necessary by the recipients	97721
of its laboratory services and as authorized by the director of	97722
rehabilitation and correction.	97723

~~(C)~~(D) The cost of administering this section shall be	97724
determined by the department of rehabilitation and correction and	97725
shall be paid by entities that receive laboratory services to the	97726
department for deposit in the state treasury to the credit of the	97727
laboratory services fund, which is hereby created. The fund shall	97728
be used to pay the costs the department incurs in administering	97729
this section.	97730

~~(D) If the department of rehabilitation and correction does~~	97731
~~not provide laboratory services under this section in a~~	97732
~~satisfactory manner to the department of mental retardation and~~	97733
~~developmental disabilities, youth services, or mental health, the~~	97734
~~director of mental retardation and developmental disabilities,~~	97735
~~youth services, or mental health shall attempt to resolve the~~	97736
~~matter of the unsatisfactory provision of services with the~~	97737
~~director of rehabilitation and correction. If, after this attempt,~~	97738
~~the provision of laboratory services continues to be~~	97739
~~unsatisfactory, the director of mental retardation and~~	97740
~~developmental disabilities, youth services, or mental health shall~~	97741
~~notify the director of rehabilitation and correction regarding the~~	97742
~~continued unsatisfactory provision of laboratory services. If,~~	97743
~~within thirty days after the director receives this notice, the~~	97744
~~department of rehabilitation and correction does not provide the~~	97745
~~specified laboratory services in a satisfactory manner, the~~	97746
~~director of mental retardation and developmental disabilities,~~	97747
~~youth services, or mental health shall notify the director of~~	97748
~~rehabilitation and correction of the notifying director's intent~~	97749
~~to cease obtaining laboratory services from the department of~~	97750
~~rehabilitation and correction. Following the end of a cancellation~~	97751
~~period of sixty days that begins on the date of the notice, the~~	97752
~~department that sent the notice may obtain laboratory services~~	97753
~~from a provider other than the department of rehabilitation and~~	97754
~~correction, if the department that sent the notice certifies to~~	97755
~~the department of administrative services that the requirements of~~	97756
~~this division have been met.~~	97757

(E) Whenever a state agency fails to make a payment for	97758
laboratory services provided to it by the department of	97759
rehabilitation and correction under this section within thirty-one	97760
days after the date the payment was due, the office of budget and	97761
management may transfer moneys from that state agency to the	97762
department of rehabilitation and correction for deposit to the	97763
credit of the laboratory services fund. The amount transferred	97764
shall not exceed the amount of the overdue payments. Prior to	97765
making a transfer under this division, the office shall apply any	97766
credits the state agency has accumulated in payment for laboratory	97767
services provided under this section.	97768

Sec. 5122.31. (A) All certificates, applications, records,	97769
and reports made for the purpose of this chapter and sections	97770
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	97771
Code, other than court journal entries or court docket entries,	97772
and directly or indirectly identifying a patient or former patient	97773
or person whose hospitalization has been sought under this	97774
chapter, shall be kept confidential and shall not be disclosed by	97775
any person except:	97776

(1) If the person identified, or the person's legal guardian,	97777
if any, or if the person is a minor, the person's parent or legal	97778
guardian, consents, and if the disclosure is in the best interests	97779
of the person, as may be determined by the court for judicial	97780
records and by the chief clinical officer for medical records;	97781

(2) When disclosure is provided for in this chapter or	97782
section 5123.60 of the Revised Code;	97783

(3) That hospitals, boards of alcohol, drug addiction, and	97784
mental health services, and community mental health agencies may	97785
release necessary medical information to insurers and other	97786
third-party payers, including government entities responsible for	97787
processing and authorizing payment, to obtain payment for goods	97788
and services furnished to the patient;	97789

(4) Pursuant to a court order signed by a judge;

97790

(5) That a patient shall be granted access to the patient's	97791
own psychiatric and medical records, unless access specifically is	97792
restricted in a patient's treatment plan for clear treatment	97793
reasons;	97794

(6) That hospitals and other institutions and facilities	97795
within the department of mental health may exchange psychiatric	97796
records and other pertinent information with other hospitals,	97797
institutions, and facilities of the department, and with community	97798
mental health agencies and boards of alcohol, drug addiction, and	97799
mental health services with which the department has a current	97800
agreement for patient care or services. Records and information	97801
that may be released pursuant to this division shall be limited to	97802
medication history, physical health status and history, financial	97803
status, summary of course of treatment in the hospital, summary of	97804
treatment needs, and a discharge summary, if any.	97805

(7) That hospitals within the department, other institutions	97806
and facilities within the department, and community mental health	97807
agencies may exchange psychiatric records and other pertinent	97808
information with other providers of treatment and health services	97809
if the purpose of the exchange is to facilitate continuity of care	97810
for a patient;	97811

(8) That a patient's family member who is involved in the	97812
provision, planning, and monitoring of services to the patient may	97813
receive medication information, a summary of the patient's	97814
diagnosis and prognosis, and a list of the services and personnel	97815
available to assist the patient and the patient's family, if the	97816
patient's treating physician determines that the disclosure would	97817
be in the best interests of the patient. No such disclosure shall	97818
be made unless the patient is notified first and receives the	97819
information and does not object to the disclosure.	97820

~~(8)~~(9) That community mental health agencies may exchange	97821
psychiatric records and certain other information with the board	97822
of alcohol, drug addiction, and mental health services and other	97823
agencies in order to provide services to a person involuntarily	97824
committed to a board. Release of records under this division shall	97825
be limited to medication history, physical health status and	97826
history, financial status, summary of course of treatment, summary	97827
of treatment needs, and discharge summary, if any.	97828

~~(9)~~ (10) That information may be disclosed to the executor or	97829
the administrator of an estate of a deceased patient when the	97830
information is necessary to administer the estate;	97831

~~(10)~~(11) That records in the possession of the Ohio	97832
historical society may be released to the closest living relative	97833
of a deceased patient upon request of that relative;	97834

~~(11)~~(12) That information may be disclosed to staff members	97835
of the appropriate board or to staff members designated by the	97836
director of mental health for the purpose of evaluating the	97837
quality, effectiveness, and efficiency of services and determining	97838
if the services meet minimum standards. Information obtained	97839
during such evaluations shall not be retained with the name of any	97840
patient.	97841

~~(12)~~(13) That records pertaining to the patient's diagnosis,	97842
course of treatment, treatment needs, and prognosis shall be	97843
disclosed and released to the appropriate prosecuting attorney if	97844
the patient was committed pursuant to section 2945.38, 2945.39,	97845
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	97846
attorney designated by the board for proceedings pursuant to	97847
involuntary commitment under this chapter.	97848

~~(13)~~(14) That the department of mental health may exchange	97849
psychiatric hospitalization records, other mental health treatment	97850
records, and other pertinent information with the department of	97851
rehabilitation and correction to ensure continuity of care for	97852
inmates who are receiving mental health services in an institution	97853
of the department of rehabilitation and correction. The department	97854
shall not disclose those records unless the inmate is notified,	97855
receives the information, and does not object to the disclosure.	97856
The release of records under this division is limited to records	97857
regarding an inmate's medication history, physical health status	97858
and history, summary of course of treatment, summary of treatment	97859
needs, and a discharge summary, if any.	97860

~~(14)~~(15) That a community mental health agency that ceases	97861
to operate may transfer to either a community mental health agency	97862
that assumes its caseload or to the board of alcohol, drug	97863
addiction, and mental health services of the service district in	97864
which the patient resided at the time services were most recently	97865
provided any treatment records that have not been transferred	97866
elsewhere at the patient's request.	97867

(B) Before records are disclosed pursuant to divisions	97868
(A)(3), (6), (7), and ~~(8)~~(9) of this section, the custodian of the	97869
records shall attempt to obtain the patient's consent for the	97870
disclosure. No person shall reveal the contents of a medical	97871
record of a patient except as authorized by law.	97872

(C) The managing officer of a hospital who releases necessary	97873
medical information under division (A)(3) of this section to allow	97874
an insurance carrier or other third party payor to comply with	97875
section 5121.43 of the Revised Code shall neither be subject to	97876
criminal nor civil liability.	97877

Sec. 5123.049. The director of mental retardation and	97878
developmental disabilities shall adopt rules in accordance with	97879
Chapter 119. of the Revised Code governing the authorization and	97880
payment of home and community-based services and medicaid case	97881
management services. The rules shall provide for private providers	97882
of the services to receive one hundred per cent of the medicaid	97883
allowable payment amount and for government providers of the	97884
services to receive the federal share of the medicaid allowable	97885
payment, less the amount withheld as a fee under section 5123.0412	97886
of the Revised Code ~~and any amount that may be required by rules~~	97887
~~adopted under section 5123.0413 of the Revised Code to be~~	97888
~~deposited into the state MR/DD risk fund~~. The rules shall	97889
establish the process by which county boards of mental retardation	97890
and developmental disabilities shall certify and provide the	97891
nonfederal share of medicaid expenditures that the county board is	97892
required by sections 5126.059 and 5126.0510 of the Revised Code	97893
to pay. The process shall require a county board to certify that	97894
the county board has funding available at one time for two months	97895
costs for those expenditures. The process may permit a county	97896
board to certify that the county board has funding available at	97897
one time for more than two months costs for those expenditures.	97898

Sec. 5123.0412. (A) The department of mental retardation and	97899
developmental disabilities shall charge each county board of	97900
mental retardation and developmental disabilities an annual fee	97901
equal to one and one-half per cent of the total value of all	97902
medicaid paid claims for home and community-based services	97903
provided during the year to an individual eligible for services	97904
from the county board. No county board shall pass the cost of a	97905
fee charged to the county board under this section on to another	97906
provider of these services.	97907

(B) The fees collected under this section shall be deposited	97908
into the ODMR/DD administration and oversight fund and the ODJFS	97909
administration and oversight fund, both of which are hereby	97910
created in the state treasury. The portion of the fees to be	97911
deposited into the ODMR/DD administration and oversight fund and	97912
the portion of the fees to be deposited into the ODJFS	97913
administration and oversight fund shall be the portion specified	97914
in an interagency agreement entered into under division (C) of	97915
this section. The department of mental retardation and	97916
developmental disabilities shall use the money in the ODMR/DD	97917
administration and oversight fund and the department of job and	97918
family services shall use the money in the ODJFS administration	97919
and oversight fund for both of the following purposes:	97920

(1) ~~The~~Medicaid administrative costs, including	97921
administrative and oversight costs of medicaid case management	97922
services and home and community-based services. The	97923
administrative and oversight costs of medicaid case management	97924
services and home and community-based services shall include costs	97925
for staff, systems, and other resources the departments need and	97926
dedicate solely to the following duties associated with the	97927
services:	97928

(a) Eligibility determinations;

97929

(b) Training;

97930

97931

(d) Claims processing;

97932

(e) Quality assurance oversight;

97933

(f) Other duties the departments identify.

97934

(2) Providing technical support to county boards' local	97935
administrative authority under section 5126.055 of the Revised	97936
Code for the services.	97937

(C) The departments of mental retardation and developmental	97938
disabilities and job and family services shall enter into an	97939
interagency agreement to do both of the following:	97940

(1) Specify which portion of the fees collected under this	97941
section is to be deposited into the ODMR/DD administration and	97942
oversight fund and which portion is to be deposited into the ODJFS	97943
administration and oversight fund;	97944

(2) Provide for the departments to coordinate the staff whose	97945
costs are paid for with money in the ODMR/DD administration and	97946
oversight fund and the ODJFS administration and oversight fund.	97947

(D) The departments shall submit an annual report to the	97948
director of budget and management certifying how the departments	97949
spent the money in the ODMR/DD administration and oversight fund	97950
and the ODJFS administration and oversight fund for the purposes	97951
specified in division (B) of this section.	97952

Sec. 5123.0413. ~~(A)~~ The department of mental retardation and	97953
developmental disabilities, in consultation with the department of	97954
job and family services, office of budget and management, and	97955
county boards of mental retardation and developmental	97956
disabilities, shall adopt rules in accordance with Chapter 119. of	97957
the Revised Code ~~no later than January 1, 2002, establishing a~~	97958
~~method of paying for extraordinary costs, including extraordinary~~	97959
~~costs for services to individuals with mental retardation or other~~	97960
~~developmental disability, and ensure the availability of adequate~~	97961
~~funds~~to establish both of the following in the event a county	97962
property tax levy for services for individuals with mental	97963
retardation or other developmental disability fails~~. The rules may~~	97964
~~provide for using and managing either or both of the following:~~	97965

~~(1) A state MR/DD risk fund, which is hereby created in the~~	97966
~~state treasury;~~	97967

~~(2) A state insurance against MR/DD risk fund, which is~~	97968
~~hereby created in the state treasury.~~	97969

~~(B) Beginning January 1, 2002, the department of job and~~	97970
~~family services may not request approval from the United States~~	97971
~~secretary of health and human services to increase the number of~~	97972
~~slots for home and community-based services until the rules~~	97973
~~required by division (A) of this section are in effect~~:	97974

(A) A method of paying for home and community-based services;

97975

(B) A method of reducing the number of individuals a county	97976
board would otherwise be required by section 5126.0512 of the	97977
Revised Code to ensure are enrolled in a medicaid waiver component	97978
under which home and community-based services are provided.	97979

Sec. 5126.044. (A) As used in this section~~, "eligible~~:

97980

(1) "Eligible person" has the same meaning as in section	97981
5126.03 of the Revised Code.	97982

(2) "Treatment" means the provision, coordination, or	97983
management of services provided to an eligible person.	97984

(3) "Payment" means activities undertaken by a service	97985
provider or governmental entity to obtain or provide reimbursement	97986
for services to an eligible person.	97987

(B) Except as provided in division ~~(D)~~(C) of this section, no	97988
person shall disclose the identity of an individual who requests	97989
programs or services under this chapter or release a record or	97990
report regarding an eligible person that is maintained by a county	97991
board of mental retardation and developmental disabilities or an	97992
entity under contract with a county board unless one of the	97993
following circumstances exists:	97994

(1) The individual, eligible person, or the individual's	97995
guardian, or, if the individual is a minor, the individual's	97996
parent or guardian, makes a written request to the county board or	97997
entity for or approves in writing disclosure of the individual's	97998
identity or release of the record or report regarding the eligible	97999
person.	98000

(2) Disclosure of the identity of an individual is needed for	98001
approval of a direct services contract under section 5126.032 or	98002
5126.033 of the Revised Code. The county board shall release only	98003
the individual's name and the general nature of the services to be	98004
provided.	98005

(3) Disclosure of the identity of the individual is needed to	98006
ascertain that the county board's waiting lists for programs or	98007
services are being maintained in accordance with section 5126.042	98008
of the Revised Code and the rules adopted under that section. The	98009
county board shall release only the individual's name, the general	98010
nature of the programs or services to be provided the individual,	98011
the individual's rank on each waiting list that includes the	98012
individual, and any circumstances under which the individual was	98013
given priority when placed on a waiting list.	98014

(4) Disclosure of the identity of an individual who is an	98015
eligible person is needed for treatment of or payment for services	98016
provided to the individual.	98017

(C) ~~A board or entity that discloses an individual's identity~~	98018
~~or releases a record or report regarding an eligible person shall~~	98019
~~maintain a record of when and to whom the disclosure or release~~	98020
~~was made.~~	98021

~~(D)~~(1) At the request of an eligible person or the person's	98022
guardian or, if the eligible person is a minor, the person's	98023
parent or guardian, a county board or entity under contract with a	98024
county board shall provide the person who made the request access	98025
to records and reports regarding the eligible person. On written	98026
request, the county board or entity shall provide copies of the	98027
records and reports to the eligible person, guardian, or parent.	98028
The county board or entity may charge a reasonable fee to cover	98029
the costs of copying. The county board or entity may waive the fee	98030
in cases of hardship.	98031

(2) A county board shall provide access to any waiting list	98032
or record or report regarding an eligible person maintained by the	98033
board to any state agency responsible for monitoring and reviewing	98034
programs and services provided or arranged by the county board,	98035
any state agency involved in the coordination of services for an	98036
eligible person, and any agency under contract with the department	98037
of mental retardation and developmental disabilities for the	98038
provision of protective service pursuant to section 5123.56 of the	98039
Revised Code.	98040

(3) When an eligible person who requests programs or services	98041
under this chapter dies, the county board or entity under contract	98042
with the county board, shall, on written request, provide to both	98043
of the following persons any reports and records in the board or	98044
entity's possession concerning the eligible person:	98045

(a) If the report or records are necessary to administer the	98046
estate of the person who is the subject of the reports or records,	98047
to the executor or administrator of the person's estate;	98048

(b) To the guardian of the person who is the subject of the	98049
reports or records or, if the individual had no guardian at the	98050
time of death, to a person in the first applicable of the	98051
following categories:	98052

(i) The person's spouse;

98053

(ii) The person's children;

98054

(iii) The person's parents;

98055

(iv) The person's brothers or sisters;

98056

(v) The person's uncles or aunts;

98057

(vi) The person's closest relative by blood or adoption;

98058

(vii) The person's closest relative by marriage.

98059

The county board or entity shall provide the reports and	98060
records as required by division ~~(D)~~(C)(3) of this section not	98061
later than thirty days after receipt of the request.	98062

~~(E)~~(D) A county board shall notify an eligible person, the	98063
person's guardian, or, if the eligible person is a minor, the	98064
person's parent or guardian, prior to destroying any record or	98065
report regarding the eligible person.	98066

Sec. 5126.05. (A) Subject to the rules established by the	98067
director of mental retardation and developmental disabilities	98068
pursuant to Chapter 119. of the Revised Code for programs and	98069
services offered pursuant to this chapter, and subject to the	98070
rules established by the state board of education pursuant to	98071
Chapter 119. of the Revised Code for programs and services offered	98072
pursuant to Chapter 3323. of the Revised Code, the county board of	98073
mental retardation and developmental disabilities shall:	98074

(1) Administer and operate facilities, programs, and services	98075
as provided by this chapter and Chapter 3323. of the Revised Code	98076
and establish policies for their administration and operation;	98077

(2) Coordinate, monitor, and evaluate existing services and	98078
facilities available to individuals with mental retardation and	98079
developmental disabilities;	98080

(3) Provide early childhood services, supportive home	98081
services, and adult services, according to the plan and priorities	98082
developed under section 5126.04 of the Revised Code;	98083

(4) Provide or contract for special education services	98084
pursuant to Chapters 3306., 3317., and 3323. of the Revised Code	98085
and ensure that related services, as defined in section 3323.01 of	98086
the Revised Code, are available according to the plan and	98087
priorities developed under section 5126.04 of the Revised Code;	98088

(5) Adopt a budget, authorize expenditures for the purposes	98089
specified in this chapter and do so in accordance with section	98090
319.16 of the Revised Code, approve attendance of board members	98091
and employees at professional meetings and approve expenditures	98092
for attendance, and exercise such powers and duties as are	98093
prescribed by the director;	98094

(6) Submit annual reports of its work and expenditures,	98095
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	98096
the director, the superintendent of public instruction, and the	98097
board of county commissioners at the close of the fiscal year and	98098
at such other times as may reasonably be requested;	98099

(7) Authorize all positions of employment, establish	98100
compensation, including but not limited to salary schedules and	98101
fringe benefits for all board employees, approve contracts of	98102
employment for management employees that are for a term of more	98103
than one year, employ legal counsel under section 309.10 of the	98104
Revised Code, and contract for employee benefits;	98105

(8) Provide service and support administration in accordance	98106
with section 5126.15 of the Revised Code;	98107

(9) Certify respite care homes pursuant to rules adopted	98108
under section 5123.171 of the Revised Code by the director of	98109
mental retardation and developmental disabilities.	98110

(B) To the extent that rules adopted under this section apply	98111
to the identification and placement of children with disabilities	98112
under Chapter 3323. of the Revised Code, they shall be consistent	98113
with the standards and procedures established under sections	98114
3323.03 to 3323.05 of the Revised Code.	98115

(C) Any county board may enter into contracts with other such	98116
boards and with public or private, nonprofit, or profit-making	98117
agencies or organizations of the same or another county, to	98118
provide the facilities, programs, and services authorized or	98119
required, upon such terms as may be agreeable, and in accordance	98120
with this chapter and Chapter 3323. of the Revised Code and rules	98121
adopted thereunder and in accordance with sections 307.86 and	98122
5126.071 of the Revised Code.	98123

(D) A county board may combine transportation for children	98124
and adults enrolled in programs and services offered under section	98125
5126.12 with transportation for children enrolled in classes	98126
funded under section 3317.20 or units approved under section	98127
3317.05 of the Revised Code.	98128

(E) A county board may purchase all necessary insurance	98129
policies, may purchase equipment and supplies through the	98130
department of administrative services or from other sources, and	98131
may enter into agreements with public agencies or nonprofit	98132
organizations for cooperative purchasing arrangements.	98133

(F) A county board may receive by gift, grant, devise, or	98134
bequest any moneys, lands, or property for the benefit of the	98135
purposes for which the board is established and hold, apply, and	98136
dispose of the moneys, lands, and property according to the terms	98137
of the gift, grant, devise, or bequest. All money received by	98138
gift, grant, bequest, or disposition of lands or property received	98139
by gift, grant, devise, or bequest shall be deposited in the	98140
county treasury to the credit of such board and shall be available	98141
for use by the board for purposes determined or stated by the	98142
donor or grantor, but may not be used for personal expenses of the	98143
board members. Any interest or earnings accruing from such gift,	98144
grant, devise, or bequest shall be treated in the same manner and	98145
subject to the same provisions as such gift, grant, devise, or	98146
bequest.	98147

(G) The board of county commissioners shall levy taxes and	98148
make appropriations sufficient to enable the county board of	98149
mental retardation and developmental disabilities to perform its	98150
functions and duties, and may utilize any available local, state,	98151
and federal funds for such purpose.	98152

Sec. 5126.054. (A) Each county board of mental retardation	98153
and developmental disabilities shall, by resolution, develop a	98154
three-calendar year plan that includes the following three	98155
components:	98156

(1) An assessment component that includes all of the	98157
following:	98158

(a) The number of individuals with mental retardation or	98159
other developmental disability residing in the county who need the	98160
level of care provided by an intermediate care facility for the	98161
mentally retarded, may seek home and community-based services, are	98162
given priority for the services pursuant to division (D) of	98163
section 5126.042 of the Revised Code; the service needs of those	98164
individuals; and the projected annualized cost for services;	98165

(b) The source of funds available to the county board to pay	98166
the nonfederal share of medicaid expenditures that the county	98167
board is required by sections 5126.059 and 5126.0510 of the	98168
Revised Code to pay;	98169

(c) Any other applicable information or conditions that the	98170
department of mental retardation and developmental disabilities	98171
requires as a condition of approving the component under section	98172
5123.046 of the Revised Code.	98173

(2) (A preliminary implementation component that specifies	98174
the number of individuals to be provided, during the first year	98175
that the plan is in effect, home and community-based services	98176
pursuant to the priority given to them under divisions (D)(1) and	98177
(2) of section 5126.042 of the Revised Code and the types of home	98178
and community-based services the individuals are to receive;	98179

(3) A component that provides for the implementation of	98180
medicaid case management services and home and community-based	98181
services for individuals who begin to receive the services on or	98182
after the date the plan is approved under section 5123.046 of the	98183
Revised Code. A county board shall include all of the following in	98184
the component:	98185

(a) If the department of mental retardation and developmental	98186
disabilities or department of job and family services requires, an	98187
agreement to pay the nonfederal share of medicaid expenditures	98188
that the county board is required by sections 5126.059 and	98189
5126.0510 of the Revised Code to pay;	98190

(b) How the services are to be phased in over the period the	98191
plan covers, including how the county board will serve individuals	98192
on a waiting list established under division (C) of section	98193
5126.042 who are given priority status under division (D)(1) of	98194
that section;	98195

(c) Any agreement or commitment regarding the county board's	98196
funding of home and community-based services that the county board	98197
has with the department at the time the county board develops the	98198
component;	98199

(d) Assurances adequate to the department that the county	98200
board will comply with all of the following requirements:	98201

(i) To provide the types of home and community-based services	98202
specified in the preliminary implementation component required by	98203
division (A)(2) of this section to at least the number of	98204
individuals specified in that component;	98205

(ii) To use any additional funds the county board receives	98206
for the services to improve the county board's resource	98207
capabilities for supporting such services available in the county	98208
at the time the component is developed and to expand the services	98209
to accommodate the unmet need for those services in the county;	98210

(iii) To employ or contract with a business manager ~~who is~~	98211
~~either a new employee who has earned at least a bachelor's degree~~	98212
~~in business administration or a current employee who has the~~	98213
~~equivalent experience of a bachelor's degree in business~~	98214
~~administration~~or enter into an agreement with another county	98215
board of mental retardation and developmental disabilities that	98216
employs or contracts with a business manager to have the business	98217
manager serve both county boards. ~~If the county board will employ~~	98218
~~a new employee, the county board shall include in the component a~~	98219
~~timeline for employing the employee.~~No superintendent of a county	98220
board may serve as the county board's business manager.	98221

(iv) To employ or contract with a medicaid services manager	98222
~~who is either a new employee who has earned at least a bachelor's~~	98223
~~degree or a current employee who has the equivalent experience of~~	98224
~~a bachelor's degree~~or enter into an agreement with another county	98225
board of mental retardation and developmental disabilities that	98226
employs or contracts with a medicaid services manager to have the	98227
medicaid services manager serve both county boards. ~~If the county~~	98228
~~board will employ a new employee, the county board shall include~~	98229
~~in the component a timeline for employing the employee. Two or~~	98230
~~three county boards that have a combined total enrollment in~~	98231
~~county board services not exceeding one thousand individuals as~~	98232
~~determined pursuant to certifications made under division (B) of~~	98233
~~section 5126.12 of the Revised Code may satisfy this requirement~~	98234
~~by sharing the services of a medicaid services manager or using~~	98235
~~the services of a medicaid services manager employed by or under~~	98236
~~contract with a regional council that the county boards establish~~	98237
~~under section 5126.13 of the Revised Code.~~No superintendent of a	98238
county board may serve as the county board's medicaid services	98239
manager.	98240

(e) Programmatic and financial accountability measures and	98241
projected outcomes expected from the implementation of the plan;	98242

(f) Any other applicable information or conditions that the	98243
department requires as a condition of approving the component	98244
under section 5123.046 of the Revised Code.	98245

(B) A county board whose plan developed under division (A) of	98246
this section is approved by the department under section 5123.046	98247
of the Revised Code shall update and renew the plan in accordance	98248
with a schedule the department shall develop.	98249

Sec. 5126.055. (A) Except as provided in section 5126.056	98250
of the Revised Code, a county board of mental retardation and	98251
developmental disabilities has medicaid local administrative	98252
authority to, and shall, do all of the following for an individual	98253
with mental retardation or other developmental disability who	98254
resides in the county that the county board serves and seeks or	98255
receives home and community-based services:	98256

(1) Perform assessments and evaluations of the individual. As	98257
part of the assessment and evaluation process, the county board	98258
shall do all of the following:	98259

(a) Make a recommendation to the department of mental	98260
retardation and developmental disabilities on whether the	98261
department should approve or deny the individual's application for	98262
the services, including on the basis of whether the individual	98263
needs the level of care an intermediate care facility for the	98264
mentally retarded provides;	98265

(b) If the individual's application is denied because of the	98266
county board's recommendation and the individual requests a	98267
hearing under section 5101.35 of the Revised Code, present, with	98268
the department of mental retardation and developmental	98269
disabilities or department of job and family services, whichever	98270
denies the application, the reasons for the recommendation and	98271
denial at the hearing;	98272

(c) If the individual's application is approved, recommend to	98273
the departments of mental retardation and developmental	98274
disabilities and job and family services the services that should	98275
be included in the individual's individualized service plan and,	98276
if either department approves, reduces, denies, or terminates a	98277
service included in the individual's individualized service plan	98278
under section 5111.871 of the Revised Code because of the county	98279
board's recommendation, present, with the department that made the	98280
approval, reduction, denial, or termination, the reasons for the	98281
recommendation and approval, reduction, denial, or termination at	98282
a hearing under section 5101.35 of the Revised Code.	98283

(2) In accordance with the rules adopted under section	98284
5126.046 of the Revised Code, perform the county board's duties	98285
under that section regarding assisting the individual's right to	98286
choose a qualified and willing provider of the services and, at a	98287
hearing under section 5101.35 of the Revised Code, present	98288
evidence of the process for appropriate assistance in choosing	98289
providers;	98290

(3) If the county board is certified under section 5123.161	98291
of the Revised Code to provide the services and agrees to	98292
provide the services to the individual and the individual	98293
chooses the county board to provide the services, furnish, in	98294
accordance with the county board's medicaid provider agreement	98295
and for the authorized reimbursement rate, the services the	98296
individual requires;	98297

(4) Monitor the services provided to the individual and	98298
ensure the individual's health, safety, and welfare. The	98299
monitoring shall include quality assurance activities. If the	98300
county board provides the services, the department of mental	98301
retardation and developmental disabilities shall also monitor the	98302
services.	98303

(5) Develop, with the individual and the provider of the	98304
individual's services, an effective individualized service plan	98305
that includes coordination of services, recommend that the	98306
departments of mental retardation and developmental disabilities	98307
and job and family services approve the plan, and implement the	98308
plan unless either department disapproves it;. The individualized	98309
service plan shall include a summary page, agreed to by the county	98310
board, provider, and individual receiving services, that clearly	98311
outlines the amount, duration, and scope of services to be	98312
provided under the plan.	98313

(6) Have an investigative agent conduct investigations under	98314
section 5126.313 of the Revised Code that concern the individual;	98315

(7) Have a service and support administrator perform the	98316
duties under division (B)(9) of section 5126.15 of the Revised	98317
Code that concern the individual.	98318

(B) A county board shall perform its medicaid local	98319
administrative authority under this section in accordance with all	98320
of the following:	98321

(1) The county board's plan that the department of mental	98322
retardation and developmental disabilities approves under section	98323
5123.046 of the Revised Code;	98324

(2) All applicable federal and state laws;

98325

(3) All applicable policies of the departments of mental	98326
retardation and developmental disabilities and job and family	98327
services and the United States department of health and human	98328
services;	98329

(4) The department of job and family services' supervision	98330
under its authority under section 5111.01 of the Revised Code to	98331
act as the single state medicaid agency;	98332

(5) The department of mental retardation and developmental	98333
disabilities' oversight.	98334

(C) The departments of mental retardation and developmental	98335
disabilities and job and family services shall communicate with	98336
and provide training to county boards regarding medicaid local	98337
administrative authority granted by this section. The	98338
communication and training shall include issues regarding audit	98339
protocols and other standards established by the United States	98340
department of health and human services that the departments	98341
determine appropriate for communication and training. County	98342
boards shall participate in the training. The departments shall	98343
assess the county board's compliance against uniform standards	98344
that the departments shall establish.	98345

(D) A county board may not delegate its medicaid local	98346
administrative authority granted under this section but may	98347
contract with a person or government entity, including a council	98348
of governments, for assistance with its medicaid local	98349
administrative authority. A county board that enters into such a	98350
contract shall notify the director of mental retardation and	98351
developmental disabilities. The notice shall include the tasks and	98352
responsibilities that the contract gives to the person or	98353
government entity. The person or government entity shall comply in	98354
full with all requirements to which the county board is subject	98355
regarding the person or government entity's tasks and	98356
responsibilities under the contract. The county board remains	98357
ultimately responsible for the tasks and responsibilities.	98358

(E) A county board that has medicaid local administrative	98359
authority under this section shall, through the departments of	98360
mental retardation and developmental disabilities and job and	98361
family services, reply to, and cooperate in arranging compliance	98362
with, a program or fiscal audit or program violation exception	98363
that a state or federal audit or review discovers. The department	98364
of job and family services shall timely notify the department of	98365
mental retardation and developmental disabilities and the county	98366
board of any adverse findings. After receiving the notice, the	98367
county board, in conjunction with the department of mental	98368
retardation and developmental disabilities, shall cooperate fully	98369
with the department of job and family services and timely prepare	98370
and send to the department a written plan of correction or	98371
response to the adverse findings. The county board is liable for	98372
any adverse findings that result from an action it takes or fails	98373
to take in its implementation of medicaid local administrative	98374
authority.	98375

(F) If the department of mental retardation and developmental	98376
disabilities or department of job and family services determines	98377
that a county board's implementation of its medicaid local	98378
administrative authority under this section is deficient, the	98379
department that makes the determination shall require that county	98380
board do the following:	98381

(1) If the deficiency affects the health, safety, or welfare	98382
of an individual with mental retardation or other developmental	98383
disability, correct the deficiency within twenty-four hours;	98384

(2) If the deficiency does not affect the health, safety, or	98385
welfare of an individual with mental retardation or other	98386
developmental disability, receive technical assistance from the	98387
department or submit a plan of correction to the department that	98388
is acceptable to the department within sixty days and correct the	98389
deficiency within the time required by the plan of correction.	98390

Sec. 5126.0512. (A) As used in this section, "medicaid	98391
waiver component" means a medicaid waiver component as defined in	98392
section 5111.85 of the Revised Code under which home and	98393
community-based services are provided.	98394

(B) Effective July 1, 2007, and except as provided in rules	98395
adopted under section 5123.0413 of the Revised Code, each county	98396
board of mental retardation and developmental disabilities shall	98397
ensure, for each medicaid waiver component, that the number of	98398
individuals eligible under section 5126.041 of the Revised Code	98399
for services from the county board who are enrolled in a medicaid	98400
waiver component is no less than the sum of the following:	98401

(1) The number of individuals eligible for services from the	98402
county board who are enrolled in the medicaid waiver component on	98403
June 30, 2007;	98404

(2) The number of medicaid waiver component slots the county	98405
board requested before July 1, 2007, that were assigned to the	98406
county board before that date but in which no individual was	98407
enrolled before that date.	98408

(C) An individual enrolled in a medicaid waiver component	98409
after March 1, 2007, due to an emergency reserve capacity waiver	98410
assignment shall not be counted in determining the number of	98411
individuals a county board must ensure under division (B) of this	98412
section are enrolled in a medicaid waiver component.	98413

(D) An individual who is enrolled in a medicaid waiver	98414
component to comply with the terms of the consent order filed	98415
March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in	98416
the United States district court for the southern district of	98417
Ohio, eastern division, shall be excluded in determining whether a	98418
county board has complied with division (B) of this section.	98419

(E) A county board shall make as many requests for	98420
individuals to be enrolled in a medicaid waiver component as	98421
necessary for the county board to comply with division (B) of this	98422
section.	98423

Sec. 5126.19. (A) The director of mental retardation and	98424
developmental disabilities may grant temporary funding from the	98425
community mental retardation and developmental disabilities trust	98426
fund based on allocations to county boards of mental retardation	98427
and developmental disabilities. The director may distribute all or	98428
part of the funding directly to a county board, the persons who	98429
provide the services for which the funding is granted, or persons	98430
with mental retardation or developmental disabilities who are to	98431
receive those services.	98432

(B) Funding granted under division (A) of this section shall	98433
be granted according to the availability of moneys in the fund and	98434
priorities established by the director. Funding may be granted for	98435
any of the following purposes:	98436

(1) Behavioral or short-term interventions for persons with	98437
mental retardation or developmental disabilities that assist them	98438
in remaining in the community by preventing institutionalization;	98439

(2) Emergency respite care services, as defined in section	98440
5126.11 of the Revised Code;	98441

(3) Family support services provided under section 5126.11 of	98442
the Revised Code;	98443

(4) Supported living, as defined in section 5126.01 of the	98444
Revised Code;	98445

(5) Staff training for county board employees, employees of	98446
providers of residential services as defined in section 5126.01 of	98447
the Revised Code, and other personnel under contract with a county	98448
board, to provide the staff with necessary training in serving	98449
mentally retarded or developmentally disabled persons in the	98450
community;	98451

(6) Short-term provision of early childhood services provided	98452
under section 5126.05, adult services provided under sections	98453
5126.05 and 5126.051, and service and support administration	98454
provided under section 5126.15 of the Revised Code, when local	98455
moneys are insufficient to meet the need for such services due to	98456
the successive failure within a two-year period of three or more	98457
proposed levies for the services;	98458

(7) Contracts with providers of residential services to	98459
maintain persons with mental retardation and developmental	98460
disabilities in their programs and avoid institutionalization.	98461

(C) If the trust fund contains more than ten million dollars	98462
on the first day of July the director shall use one million	98463
dollars for payments under section 5126.18 of the Revised Code,	98464
two million dollars for subsidies to county boards for supported	98465
living, and one million dollars for subsidies to county boards	98466
for early childhood services and adult services provided under	98467
section 5126.05 of the Revised Code. Distributions of funds under	98468
this division shall be made prior to August 31 of the state fiscal	98469
year in which the funds are available. The funds shall be	98470
allocated to a county board in an amount equal to the same	98471
percentage of the total amount allocated to the county board the	98472
immediately preceding state fiscal year.	98473

~~(D) In addition to making grants under division (A) of this~~	98474
~~section, the director may use money available in the trust fund~~	98475
~~for the same purposes that rules adopted under section 5123.0413~~	98476
~~of the Revised Code provide for money in the state MR/DD risk fund~~	98477
~~and the state insurance against MR/DD risk fund, both created~~	98478
~~under that section, to be used.~~	98479

Sec. 5126.24. (A) As used in this section:

98480

(1) "License" means an educator license issued by the state	98481
board of education under section 3319.22 of the Revised Code or a	98482
certificate issued by the department of mental retardation and	98483
developmental disabilities.	98484

(2) "Teacher" means a person employed by a county board of	98485
mental retardation and developmental disabilities in a position	98486
that requires a license.	98487

(3) "Nonteaching employee" means a person employed by a	98488
county board of mental retardation and developmental disabilities	98489
in a position that does not require a license.	98490

(4) "Years of service" includes all service described in	98491
division (A) of section 3317.13 of the Revised Code.	98492

(B) Subject to rules established by the director of mental	98493
retardation and developmental disabilities pursuant to Chapter	98494
119. of the Revised Code, each county board of mental retardation	98495
and developmental disabilities shall annually adopt separate	98496
salary schedules for teachers and nonteaching employees.	98497

(C) The teachers' salary schedule shall provide for	98498
increments based on training and years of service. The board may	98499
establish its own service requirements provided no teacher	98500
receives less than the salary the teacher would be paid under	98501
section 3317.13 of the Revised Code if the teacher were employed	98502
by a school district board of education and provided full credit	98503
for a minimum of five years of actual teaching and military	98504
experience as defined in division (A) of such section is given to	98505
each teacher.	98506

Each teacher who has completed training that would qualify	98507
the teacher for a higher salary bracket pursuant to this section	98508
shall file by the fifteenth day of September with the fiscal	98509
officer of the board, satisfactory evidence of the completion of	98510
such additional training. The fiscal officer shall then	98511
immediately place the teacher, pursuant to this section, in the	98512
proper salary bracket in accordance with training and years of	98513
service. No teacher shall be paid less than the salary to which	98514
the teacher would be entitled under section 3317.13 of the Revised	98515
Code if the teacher were employed by a school district board of	98516
education.	98517

The superintendent of each county board, on or before the	98518
fifteenth day of October of each year, shall certify to the state	98519
board of education the name of each teacher employed, on an annual	98520
salary, in each special education program operated pursuant to	98521
section 3323.09 of the Revised Code during the first full school	98522
week of October. The superintendent further shall certify, for	98523
each teacher, the number of years of training completed at a	98524
recognized college, the degrees earned from a college recognized	98525
by the state board, the type of license held, the number of months	98526
employed by the board, the annual salary, and other information	98527
that the state board may request.	98528

(D) The nonteaching employees' salary schedule established by	98529
the board shall be based on training, experience, and	98530
qualifications with initial salaries no less than salaries in	98531
effect on July 1, 1985. Each board shall prepare and may amend	98532
from time to time, specifications descriptive of duties,	98533
responsibilities, requirements, and desirable qualifications of	98534
the classifications of employees required to perform the duties	98535
specified in the salary schedule. All nonteaching employees shall	98536
be notified of the position classification to which they are	98537
assigned and the salary for the classification. The compensation	98538
of all nonteaching employees working for a particular board shall	98539
be uniform for like positions except as compensation would be	98540
affected by salary increments based upon length of service.	98541

On the fifteenth day of October of each year the nonteaching	98542
employees' salary schedule and list of job classifications and	98543
salaries in effect on that date shall be filed by each board with	98544
the superintendent of public instruction. If such salary schedule	98545
and classification plan is not filed, the superintendent of public	98546
instruction shall order the board to file such schedule and list	98547
forthwith. If this condition is not corrected within ten days	98548
after receipt of the order from the superintendent, no money shall	98549
be distributed to the district under Chapter 3306. or 3317. of the	98550
Revised Code until the superintendent has satisfactory evidence of	98551
the board's full compliance with such order.	98552

Sec. 5139.43. (A) The department of youth services shall	98553
operate a felony delinquent care and custody program that shall be	98554
operated in accordance with the formula developed pursuant to	98555
section 5139.41 of the Revised Code, subject to the conditions	98556
specified in this section.	98557

(B)(1) Each juvenile court shall use the moneys disbursed to	98558
it by the department of youth services pursuant to division (B) of	98559
section 5139.41 of the Revised Code in accordance with the	98560
applicable provisions of division (B)(2) of this section and shall	98561
transmit the moneys to the county treasurer for deposit in	98562
accordance with this division. The county treasurer shall create	98563
in the county treasury a fund that shall be known as the felony	98564
delinquent care and custody fund and shall deposit in that fund	98565
the moneys disbursed to the juvenile court pursuant to division	98566
(B) of section 5139.41 of the Revised Code. The county treasurer	98567
also shall deposit into that fund the state subsidy funds granted	98568
to the county pursuant to section 5139.34 of the Revised Code. The	98569
moneys disbursed to the juvenile court pursuant to division (B) of	98570
section 5139.41 of the Revised Code and deposited pursuant to this	98571
division in the felony delinquent care and custody fund shall not	98572
be commingled with any other county funds except state subsidy	98573
funds granted to the county pursuant to section 5139.34 of the	98574
Revised Code; shall not be used for any capital construction	98575
projects; upon an order of the juvenile court and subject to	98576
appropriation by the board of county commissioners, shall be	98577
disbursed to the juvenile court for use in accordance with the	98578
applicable provisions of division (B)(2) of this section; shall	98579
not revert to the county general fund at the end of any fiscal	98580
year; and shall carry over in the felony delinquent care and	98581
custody fund from the end of any fiscal year to the next fiscal	98582
year. AtThe maximum balance carry-over at the end of each	98583
respective fiscal year~~, beginning June 30, 2008, the balance~~ in	98584
the felony delinquent care and custody fund in any county ~~shall~~	98585
~~not exceed the total moneys~~from funds allocated to the county	98586
pursuant to sections 5139.34 and 5139.41 of the Revised Code	98587
~~during~~in the previous fiscal year shall not exceed an amount to	98588
be calculated as provided in the formula set forth in this	98589
division, unless that county has applied for and been granted an	98590
exemption by the director of youth services. Beginning June 30,	98591
2008, the maximum balance carry-over at the end of each respective	98592
fiscal year shall be determined by the following formula: for	98593
fiscal year 2008, the maximum balance carry-over shall be one	98594
hundred per cent of the allocation for fiscal year 2007, to be	98595
applied in determining the fiscal year 2009 allocation; for fiscal	98596
year 2009, it shall be fifty per cent of the allocation for fiscal	98597
year 2008, to be applied in determining the fiscal year 2010	98598
allocation; for fiscal year 2010, it shall be twenty-five per cent	98599
of the allocation for fiscal year 2009, to be applied in	98600
determining the fiscal year 2011 allocation; and for each fiscal	98601
year subsequent to fiscal year 2010, it shall be twenty-five per	98602
cent of the allocation for the immediately preceding fiscal year,	98603
to be applied in determining the allocation for the next immediate	98604
fiscal year. The department shall withhold from future payments to	98605
a county an amount equal to any moneys in the felony delinquent	98606
care and custody fund of the county that exceed the total ~~moneys~~	98607
~~allocated pursuant to those sections to the county during the~~	98608
~~preceding fiscal year~~maximum balance carry-over that applies for	98609
that county for the fiscal year in which the payments are being	98610
made and shall reallocate the withheld amount. The department	98611
shall adopt rules for the withholding and reallocation of moneys	98612
disbursed under sections 5139.34 and 5139.41 of the Revised Code	98613
and for the criteria and process for a county to obtain an	98614
exemption from the withholding requirement. The moneys disbursed	98615
to the juvenile court pursuant to division (B) of section 5139.41	98616
of the Revised Code and deposited pursuant to this division in	98617
the felony delinquent care and custody fund shall be in addition	98618
to, and shall not be used to reduce, any usual annual increase in	98619
county funding that the juvenile court is eligible to receive or	98620
the current level of county funding of the juvenile court and of	98621
any programs or services for delinquent children, unruly	98622
children, or juvenile traffic offenders.	98623

(2)(a) A county and the juvenile court that serves the county	98624
shall use the moneys in its felony delinquent care and custody	98625
fund in accordance with rules that the department of youth	98626
services adopts pursuant to division (D) of section 5139.04 of the	98627
Revised Code and as follows:	98628

(i) The moneys in the fund that represent state subsidy funds	98629
granted to the county pursuant to section 5139.34 of the Revised	98630
Code shall be used to aid in the support of prevention, early	98631
intervention, diversion, treatment, and rehabilitation programs	98632
that are provided for alleged or adjudicated unruly children or	98633
delinquent children or for children who are at risk of becoming	98634
unruly children or delinquent children. The county shall not use	98635
for capital improvements more than fifteen per cent of the moneys	98636
in the fund that represent the applicable annual grant of those	98637
state subsidy funds.	98638

(ii) The moneys in the fund that were disbursed to the	98639
juvenile court pursuant to division (B) of section 5139.41 of the	98640
Revised Code and deposited pursuant to division (B)(1) of this	98641
section in the fund shall be used to provide programs and services	98642
for the training, treatment, or rehabilitation of felony	98643
delinquents that are alternatives to their commitment to the	98644
department, including, but not limited to, community residential	98645
programs, day treatment centers, services within the home, and	98646
electronic monitoring, and shall be used in connection with	98647
training, treatment, rehabilitation, early intervention, or other	98648
programs or services for any delinquent child, unruly child, or	98649
juvenile traffic offender who is under the jurisdiction of the	98650
juvenile court.	98651

The fund also may be used for prevention, early intervention,	98652
diversion, treatment, and rehabilitation programs that are	98653
provided for alleged or adjudicated unruly children, delinquent	98654
children, or juvenile traffic offenders or for children who are at	98655
risk of becoming unruly children, delinquent children, or juvenile	98656
traffic offenders. Consistent with division (B)(1) of this	98657
section, a county and the juvenile court of a county shall not use	98658
any of those moneys for capital construction projects.	98659

(iii) Moneys in the fund shall not be used to support	98660
programs or services that do not comply with federal juvenile	98661
justice and delinquency prevention core requirements or to support	98662
programs or services that research has shown to be ineffective.	98663

(iv) The county and the juvenile court that serves the	98664
county may use moneys in the fund to provide out-of-home	98665
placement of children only in detention centers, community	98666
rehabilitation centers, or community corrections facilities	98667
approved by the department pursuant to standards adopted by the	98668
department, licensed by an authorized state agency, or accredited	98669
by the American correctional association or another national	98670
organization recognized by the department.	98671

(b) Each juvenile court shall comply with division (B)(3)(d)	98672
of this section as implemented by the department. If a juvenile	98673
court fails to comply with division (B)(3)(d) of this section, the	98674
department shall not be required to make any disbursements in	98675
accordance with division (C) or (D) of section 5139.41 or division	98676
(C)(2) of section 5139.34 of the Revised Code.	98677

(3) In accordance with rules adopted by the department	98678
pursuant to division (D) of section 5139.04 of the Revised Code,	98679
each juvenile court and the county served by that juvenile court	98680
shall do all of the following that apply:	98681

(a) The juvenile court shall prepare an annual grant	98682
agreement and application for funding that satisfies the	98683
requirements of this section and section 5139.34 of the Revised	98684
Code and that pertains to the use, upon an order of the juvenile	98685
court and subject to appropriation by the board of county	98686
commissioners, of the moneys in its felony delinquent care and	98687
custody fund for specified programs, care, and services as	98688
described in division (B)(2)(a) of this section, shall submit that	98689
agreement and application to the county family and children first	98690
council, the regional family and children first council, or the	98691
local intersystem services to children cluster as described in	98692
sections 121.37 and 121.38 of the Revised Code, whichever is	98693
applicable, and shall file that agreement and application with the	98694
department for its approval. The annual grant agreement and	98695
application for funding shall include a method of ensuring equal	98696
access for minority youth to the programs, care, and services	98697
specified in it.	98698

The department may approve an annual grant agreement and	98699
application for funding only if the juvenile court involved has	98700
complied with the preparation, submission, and filing requirements	98701
described in division (B)(3)(a) of this section. If the juvenile	98702
court complies with those requirements and the department approves	98703
that agreement and application, the juvenile court and the county	98704
served by the juvenile court may expend the state subsidy funds	98705
granted to the county pursuant to section 5139.34 of the Revised	98706
Code only in accordance with division (B)(2)(a) of this section,	98707
the rules pertaining to state subsidy funds that the department	98708
adopts pursuant to division (D) of section 5139.04 of the Revised	98709
Code, and the approved agreement and application.	98710

(b) By the thirty-first day of August of each year, the	98711
juvenile court shall file with the department a report that	98712
contains all of the statistical and other information for each	98713
month of the prior state fiscal year. If the juvenile court fails	98714
to file the report required by division (B)(3)(b) of this section	98715
by the thirty-first day of August of any year, the department	98716
shall not disburse any payment of state subsidy funds to which the	98717
county otherwise is entitled pursuant to section 5139.34 of the	98718
Revised Code and shall not disburse pursuant to division (B) of	98719
section 5139.41 of the Revised Code the applicable allocation	98720
until the juvenile court fully complies with division (B)(3)(b) of	98721
this section.	98722

(c) If the department requires the juvenile court to prepare	98723
monthly statistical reports and to submit the reports on forms	98724
provided by the department, the juvenile court shall file those	98725
reports with the department on the forms so provided. If the	98726
juvenile court fails to prepare and submit those monthly	98727
statistical reports within the department's timelines, the	98728
department shall not disburse any payment of state subsidy funds	98729
to which the county otherwise is entitled pursuant to section	98730
5139.34 of the Revised Code and shall not disburse pursuant to	98731
division (B) of section 5139.41 of the Revised Code the applicable	98732
allocation until the juvenile court fully complies with division	98733
(B)(3)(c) of this section. If the juvenile court fails to prepare	98734
and submit those monthly statistical reports within one hundred	98735
eighty days of the date the department establishes for their	98736
submission, the department shall not disburse any payment of state	98737
subsidy funds to which the county otherwise is entitled pursuant	98738
to section 5139.34 of the Revised Code and shall not disburse	98739
pursuant to division (B) of section 5139.41 of the Revised Code	98740
the applicable allocation, and the state subsidy funds and the	98741
remainder of the applicable allocation shall revert to the	98742
department. If a juvenile court states in a monthly statistical	98743
report that the juvenile court adjudicated within a state fiscal	98744
year five hundred or more children to be delinquent children for	98745
committing acts that would be felonies if committed by adults and	98746
if the department determines that the data in the report may be	98747
inaccurate, the juvenile court shall have an independent auditor	98748
or other qualified entity certify the accuracy of the data on a	98749
date determined by the department.	98750

(d) If the department requires the juvenile court and the	98751
county to participate in a fiscal monitoring program or another	98752
monitoring program that is conducted by the department to ensure	98753
compliance by the juvenile court and the county with division (B)	98754
of this section, the juvenile court and the county shall	98755
participate in the program and fully comply with any guidelines	98756
for the performance of audits adopted by the department pursuant	98757
to that program and all requests made by the department pursuant	98758
to that program for information necessary to reconcile fiscal	98759
accounting. If an audit that is performed pursuant to a fiscal	98760
monitoring program or another monitoring program described in this	98761
division determines that the juvenile court or the county used	98762
moneys in the county's felony delinquent care and custody fund for	98763
expenses that are not authorized under division (B) of this	98764
section, within forty-five days after the department notifies the	98765
county of the unauthorized expenditures, the county either shall	98766
repay the amount of the unauthorized expenditures from the county	98767
general revenue fund to the state's general revenue fund or shall	98768
file a written appeal with the department. If an appeal is timely	98769
filed, the director of the department shall render a decision on	98770
the appeal and shall notify the appellant county or its juvenile	98771
court of that decision within forty-five days after the date that	98772
the appeal is filed. If the director denies an appeal, the	98773
county's fiscal agent shall repay the amount of the unauthorized	98774
expenditures from the county general revenue fund to the state's	98775
general revenue fund within thirty days after receiving the	98776
director's notification of the appeal decision.	98777

(C) The determination of which county a reduction of the	98778
care and custody allocation will be charged against for a	98779
particular youth shall be made as outlined below for all youths	98780
who do not qualify as public safety beds. The determination of	98781
which county a reduction of the care and custody allocation will	98782
be charged against shall be made as follows until each youth is	98783
released:	98784

(1) In the event of a commitment, the reduction shall be	98785
charged against the committing county.	98786

(2) In the event of a recommitment, the reduction shall be	98787
charged against the original committing county until the	98788
expiration of the minimum period of institutionalization under the	98789
original order of commitment or until the date on which the youth	98790
is admitted to the department of youth services pursuant to the	98791
order of recommitment, whichever is later. Reductions of the	98792
allocation shall be charged against the county that recommitted	98793
the youth after the minimum expiration date of the original	98794
commitment.	98795

(3) In the event of a revocation of a release on parole, the	98796
reduction shall be charged against the county that revokes the	98797
youth's parole.	98798

(D) A juvenile court is not precluded by its allocation	98799
amount for the care and custody of felony delinquents from	98800
committing a felony delinquent to the department of youth services	98801
for care and custody in an institution or a community corrections	98802
facility when the juvenile court determines that the commitment is	98803
appropriate.	98804

Sec. 5155.38. As used in this section, "long-term care bed"	98805
has the same meaning as in section 3702.51 of the Revised Code.	98806

The operator of each county home and each county nursing home	98807
shall, not later than November 1, 2009, certify to the director of	98808
health the number of long-term care beds that were in operation in	98809
the home on July 1, 1993. The certification shall be accompanied	98810
by any documentation requested by the director.	98811

Sec. 5501.04. The following divisions are hereby established	98812
in the department of transportation:	98813

(A) The division of business services;

98814

(B) The division of engineering policy;

98815

98816

(D) The division of human resources;

98817

(E) The division of information technology;

98818

(F) The division of multi-modal planning and programs;

98819

(G) The division of project management;

98820

(H) The division of equal opportunity.

98821

The director of transportation shall distribute the duties,	98822
powers, and functions of the department among the divisions of the	98823
department.	98824

Each division shall be headed by a deputy director, whose	98825
title shall be designated by the director, and shall include those	98826
other officers and employees as may be necessary to carry out the	98827
work of the division. The director shall appoint the deputy	98828
director of each division, who shall be in the unclassified civil	98829
service of the state and shall serve at the pleasure of the	98830
director. The director shall supervise the work of each division	98831
and shall be responsible for the determination of general policies	98832
in the performance of the duties, powers, and functions of the	98833
department and of each division. The director shall have complete	98834
executive charge of the department, shall be responsible for the	98835
organization, direction, and supervision of the work of the	98836
department and the performance of the duties, powers, and	98837
functions assigned to each division, and may establish necessary	98838
administrative units therein. The deputy director of each	98839
division, with the approval of the director and subject to Chapter	98840
124. of the Revised Code, shall appoint the necessary employees of	98841
the division and may remove such employees for cause.	98842

The division of equal opportunity shall ensure that minority	98843
groups and all groups protected by state and federal civil rights	98844
laws are afforded equal opportunity to be recruited, trained, and	98845
work in the employment of or on projects of the department of	98846
transportation, and to participate in contracts awarded by the	98847
department. The director of transportation each year shall report	98848
to the governor and the general assembly on the division's	98849
activities and accomplishments.	98850

Sec. 5502.01. (A) The department of public safety shall	98851
administer and enforce the laws relating to the registration,	98852
licensing, sale, and operation of motor vehicles and the laws	98853
pertaining to the licensing of drivers of motor vehicles.	98854

The department shall compile, analyze, and publish statistics	98855
relative to motor vehicle accidents and the causes of them,	98856
prepare and conduct educational programs for the purpose of	98857
promoting safety in the operation of motor vehicles on the	98858
highways, and conduct research and studies for the purpose of	98859
promoting safety on the highways of this state.	98860

(B) The department shall administer the laws and rules	98861
relative to trauma and emergency medical services specified in	98862
Chapter 4765. of the Revised Code.	98863

(C) The department shall administer and enforce the laws	98864
contained in Chapters 4301. and 4303. of the Revised Code and	98865
enforce the rules and orders of the liquor control commission	98866
pertaining to retail liquor permit holders.	98867

(D) The department shall administer the laws governing the	98868
state emergency management agency and shall enforce all additional	98869
duties and responsibilities as prescribed in the Revised Code	98870
related to emergency management services.	98871

(E) The department shall conduct investigations pursuant to	98872
Chapter 5101. of the Revised Code in support of the duty of the	98873
department of job and family services to administer ~~food stamp~~	98874
~~programs~~the supplemental nutrition assistance program throughout	98875
this state. The department of public safety shall conduct	98876
investigations necessary to protect the state's property rights	98877
and interests in the ~~food stamp~~supplemental nutrition assistance	98878
program.	98879

(F) The department of public safety shall enforce compliance	98880
with orders and rules of the public utilities commission and	98881
applicable laws in accordance with Chapters 4919., 4921., and	98882
4923. of the Revised Code regarding commercial motor vehicle	98883
transportation safety, economic, and hazardous materials	98884
requirements.	98885

(G) Notwithstanding Chapter 4117. of the Revised Code, the	98886
department of public safety may establish requirements for its	98887
enforcement personnel, including its enforcement agents described	98888
in section 5502.14 of the Revised Code, that include standards of	98889
conduct, work rules and procedures, and criteria for eligibility	98890
as law enforcement personnel.	98891

(H) The department shall administer, maintain, and operate	98892
the Ohio criminal justice network. The Ohio criminal justice	98893
network shall be a computer network that supports state and local	98894
criminal justice activities. The network shall be an electronic	98895
repository for various data, which may include arrest warrants,	98896
notices of persons wanted by law enforcement agencies, criminal	98897
records, prison inmate records, stolen vehicle records, vehicle	98898
operator's licenses, and vehicle registrations and titles.	98899

(I) The department shall coordinate all homeland security	98900
activities of all state agencies and shall be a liaison between	98901
state agencies and local entities for those activities and related	98902
purposes.	98903

(J) Beginning July 1, 2004, the department shall administer	98904
and enforce the laws relative to private investigators and	98905
security service providers specified in Chapter 4749. of the	98906
Revised Code.	98907

(K) The department shall administer criminal justice services	98908
in accordance with sections 5502.61 to 5502.66 of the Revised	98909
Code.	98910

Sec. 5502.12. The accident reports submitted pursuant to	98911
section 5502.11 of the Revised Code shall be for the use of the	98912
director of public safety for purposes of statistical, safety, and	98913
other studies. The law enforcement agency that submitted a report	98914
shall furnish a copy of such report and associated documents to	98915
any person claiming an interest arising out of a motor vehicle	98916
accident, or to the person's attorney, upon the payment of a	98917
nonrefundable fee ~~that shall not exceed~~of four dollars. With	98918
respect to accidents investigated by the state highway patrol, the	98919
director of public safety shall furnish to such person all related	98920
reports and statements upon the payment of a nonrefundable fee of	98921
four dollars. The cost of photographs or any other electronic	98922
format shall be a four-dollar fee in addition to the nonrefundable	98923
four-dollar fee for the accident report, whether the report was	98924
submitted by the state highway patrol or another law enforcement	98925
agency.	98926

Such state highway patrol reports, statements, and	98927
photographs, in the discretion of the director of public safety,	98928
may be withheld until all criminal prosecution has been concluded;	98929
the director of public safety may require proof, satisfactory to	98930
the director, of the right of any applicant to be furnished such	98931
documents.	98932

Sec. 5502.14. (A) As used in this section, "felony" has the	98933
same meaning as in section 109.511 of the Revised Code.	98934

(B)(1) Any person who is employed by the department of public	98935
safety and designated by the director of public safety to enforce	98936
Title XLIII of the Revised Code, the rules adopted under it, and	98937
the laws and rules regulating the use of ~~food stamps~~supplemental	98938
nutrition assistance program benefits shall be known as an	98939
enforcement agent. The employment by the department of public	98940
safety and the designation by the director of public safety of a	98941
person as an enforcement agent shall be subject to division (D) of	98942
this section. An enforcement agent has the authority vested in	98943
peace officers pursuant to section 2935.03 of the Revised Code to	98944
keep the peace, to enforce all applicable laws and rules on any	98945
retail liquor permit premises, or on any other premises of public	98946
or private property, where a violation of Title XLIII of the	98947
Revised Code or any rule adopted under it is occurring, and to	98948
enforce all laws and rules governing the use of ~~food stamp coupons~~	98949
supplemental nutrition assistance program benefits, women,	98950
infants, and children's coupons, electronically transferred	98951
benefits, or any other access device that is used alone or in	98952
conjunction with another access device to obtain payments,	98953
allotments, benefits, money, goods, or other things of value, or	98954
that can be used to initiate a transfer of funds, pursuant to the	98955
~~food stamp~~supplemental nutrition assistance program established	98956
under the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat. 958,~~	98957
2008 (7 U.S.C.A. 2011~~, as amended,~~et seq.) or any supplemental	98958
food program administered by any department of this state pursuant	98959
to the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A.	98960
1786. Enforcement agents, in enforcing compliance with the laws	98961
and rules described in this division, may keep the peace and make	98962
arrests for violations of those laws and rules.	98963

(2) In addition to the authority conferred by division (B)(1)	98964
of this section, an enforcement agent also may execute search	98965
warrants and seize and take into custody any contraband, as	98966
defined in section 2901.01 of the Revised Code, or any property	98967
that is otherwise necessary for evidentiary purposes related to	98968
any violations of the laws or rules described in division (B)(1)	98969
of this section. An enforcement agent may enter public or private	98970
premises where activity alleged to violate the laws or rules	98971
described in division (B)(1) of this section is occurring.	98972

(3) Enforcement agents who are on, immediately adjacent to,	98973
or across from retail liquor permit premises and who are	98974
performing investigative duties relating to that premises,	98975
enforcement agents who are on premises that are not liquor permit	98976
premises but on which a violation of Title XLIII of the Revised	98977
Code or any rule adopted under it allegedly is occurring, and	98978
enforcement agents who view a suspected violation of Title XLIII	98979
of the Revised Code, of a rule adopted under it, or of another law	98980
or rule described in division (B)(1) of this section have the	98981
authority to enforce the laws and rules described in division	98982
(B)(1) of this section, authority to enforce any section in Title	98983
XXIX of the Revised Code or any other section of the Revised Code	98984
listed in section 5502.13 of the Revised Code if they witness a	98985
violation of the section under any of the circumstances described	98986
in this division, and authority to make arrests for violations of	98987
the laws and rules described in division (B)(1) of this section	98988
and violations of any of those sections.	98989

(4) The jurisdiction of an enforcement agent under division	98990
(B) of this section shall be concurrent with that of the peace	98991
officers of the county, township, or municipal corporation in	98992
which the violation occurs.	98993

(C) Enforcement agents of the department of public safety who	98994
are engaged in the enforcement of the laws and rules described in	98995
division (B)(1) of this section may carry concealed weapons when	98996
conducting undercover investigations pursuant to their authority	98997
as law enforcement officers and while acting within the scope of	98998
their authority pursuant to this chapter.	98999

(D)(1) The department of public safety shall not employ, and	99000
the director of public safety shall not designate, a person as an	99001
enforcement agent on a permanent basis, on a temporary basis, for	99002
a probationary term, or on other than a permanent basis if the	99003
person previously has been convicted of or has pleaded guilty to a	99004
felony.	99005

(2)(a) The department of public safety shall terminate the	99006
employment of a person who is designated as an enforcement agent	99007
and who does either of the following:	99008

(i) Pleads guilty to a felony;

99009

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	99010
plea agreement as provided in division (D) of section 2929.43 of	99011
the Revised Code in which the enforcement agent agrees to	99012
surrender the certificate awarded to that agent under section	99013
109.77 of the Revised Code.	99014

(b) The department shall suspend the employment of a person	99015
who is designated as an enforcement agent if the person is	99016
convicted, after trial, of a felony. If the enforcement agent	99017
files an appeal from that conviction and the conviction is upheld	99018
by the highest court to which the appeal is taken or if no timely	99019
appeal is filed, the department shall terminate the employment of	99020
that agent. If the enforcement agent files an appeal that results	99021
in that agent's acquittal of the felony or conviction of a	99022
misdemeanor, or in the dismissal of the felony charge against the	99023
agent, the department shall reinstate the agent. An enforcement	99024
agent who is reinstated under division (D)(2)(b) of this section	99025
shall not receive any back pay unless the conviction of that agent	99026
of the felony was reversed on appeal, or the felony charge was	99027
dismissed, because the court found insufficient evidence to	99028
convict the agent of the felony.	99029

(3) Division (D) of this section does not apply regarding an	99030
offense that was committed prior to January 1, 1997.	99031

(4) The suspension or termination of the employment of a	99032
person designated as an enforcement agent under division (D)(2) of	99033
this section shall be in accordance with Chapter 119. of the	99034
Revised Code.	99035

Sec. 5502.15. Any funding provided or made available by the	99036
United States or by any agency designated and authorized by the	99037
United States government for the purposes of enforcing compliance	99038
with ~~food stamp~~supplemental nutrition assistance program laws	99039
shall be expended by the department of public safety for those	99040
purposes.	99041

Sec. 5505.15. (A)(1) A member of the state highway patrol	99042
retirement system shall contribute ten per cent of the member's	99043
annual salary to the state highway patrol retirement fund. The	99044
amount shall be deducted by the employer from the employee's	99045
salary for each payroll period.	99046

(2) The total contributions arising from deductions made	99047
prior to January 1, 1966, from the salaries of members in the	99048
employ of the state highway patrol and standing to the credit of	99049
their individual accounts in the retirement fund shall be	99050
transferred and credited to their respective individual accounts	99051
in the employees' savings fund.	99052

(B) The state shall annually pay into the employer	99053
accumulation fund, in monthly or less frequent installments as the	99054
state highway patrol retirement board requires, ~~an amount that~~	99055
~~shall be a certain percentage of the total salaries paid~~	99056
~~contributing members and shall be known as~~ the "employer	99057
contribution."The employer contribution shall be an amount equal	99058
to twenty-six and one-half per cent of the total salaries paid	99059
contributing members. If a member severs connection with the	99060
patrol or is dismissed, the employer contribution shall remain in	99061
the retirement system.	99062

The rate percentage of the employer contribution shall be	99063
certified by the board to the director of budget and management	99064
and shall not be lower than nine per cent of the total salaries	99065
paid contributing members and shall not exceed three times the	99066
rate percentage being deducted from the annual salaries of	99067
contributing members. The board shall prepare and submit to the	99068
director, on or before the first day of November of each	99069
even-numbered year, an estimate of the amounts necessary to pay	99070
the state's obligations accruing during the biennium beginning the	99071
first day of July of the following year. Such amounts shall be	99072
included in the budget and allocated as certified by the board.	99073

Sec. 5505.152. (A) As used in this section, "entry age	99074
normal actuarial cost method" means an actuarial cost method under	99075
which the actuarial present value of the projected benefits of	99076
each individual included in the valuation is allocated on a level	99077
basis over the earnings or service of the individual between the	99078
entry age and the assumed exit age, with the portion of the	99079
actuarial present value that is allocated to the valuation year to	99080
be the normal cost and the portion of the actuarial present value	99081
not provided for at the valuation date by the actuarial present	99082
value of future normal costs to be the actuarial accrued	99083
liability. Under this method, the actuarial gains or losses are	99084
reflected as they occur in a decrease or increase in the unfunded	99085
actuarial accrued liability.	99086

(B) The Ohio retirement study council shall annually review	99087
the adequacy of the contribution rates provided under divisions	99088
(A) and (B) of section 5505.15 of the Revised Code and the	99089
contribution rates recommended in a report by the actuary of the	99090
state highway patrol retirement system for the forthcoming year.	99091

The actuarial calculations used by the actuary shall be based	99092
on the entry age normal actuarial cost method, and the adequacy of	99093
the contribution rates shall be reported on the basis of that	99094
method. The Ohio retirement study council shall make	99095
recommendations to the general assembly that it finds necessary	99096
for the proper financing of the benefits of the state highway	99097
patrol retirement system.	99098

Sec. 5701.11. The effective date to which this section	99099
refers is the effective date of this section as amended by ~~Sub.~~	99100
H.B. ~~458~~1 of the ~~127th~~128th general assembly.	99101

(A)(1) Except as provided under division (A)(2) or (B) of	99102
this section, any reference in Title LVII of the Revised Code to	99103
the Internal Revenue Code, to the Internal Revenue Code "as	99104
amended," to other laws of the United States, or to other laws of	99105
the United States, "as amended," means the Internal Revenue Code	99106
or other laws of the United States as they exist on the effective	99107
date.	99108

(2) This section does not apply to any reference in Title	99109
LVII of the Revised Code to the Internal Revenue Code as of a date	99110
certain specifying the day, month, and year, or to other laws of	99111
the United States as of a date certain specifying the day, month,	99112
and year.	99113

(B)(1) For purposes of applying section 5733.04, 5745.01, or	99114
5747.01 of the Revised Code to a taxpayer's taxable year ending	99115
after December ~~21, 2007~~30, 2008, and before the effective date,	99116
a taxpayer may irrevocably elect to incorporate the provisions	99117
of the Internal Revenue Code or other laws of the United States	99118
that are in effect for federal income tax purposes for that	99119
taxable year if those provisions differ from the provisions	99120
that, under division (A) of this section, would otherwise apply.	99121
The filing by the taxpayer for that taxable year of a report or	99122
return that incorporates the provisions of the Internal Revenue	99123
Code or other laws of the United States applicable for federal	99124
income tax purposes for that taxable year, and that does not	99125
include any adjustments to reverse the effects of any	99126
differences between those provisions and the provisions that	99127
would otherwise apply, constitutes the making of an irrevocable	99128
election under this division for that taxable year.	99129

(2) Elections under prior versions of division (B)(1) of this	99130
section remain in effect for the taxable years to which they	99131
apply.	99132

Sec. 5703.05. All powers, duties, and functions of the	99133
department of taxation are vested in and shall be performed by the	99134
tax commissioner, which powers, duties, and functions shall	99135
include, but shall not be limited to, the following:	99136

(A) Prescribing all blank forms which the department is	99137
authorized to prescribe, and to provide such forms and distribute	99138
the same as required by law and the rules of the department. The	99139
tax commissioner shall include a mail-in registration form	99140
prescribed in section 3503.14 of the Revised Code within the	99141
return and instructions for the tax levied in odd-numbered years	99142
under section 5747.02 of the Revised Code, beginning with the tax	99143
levied for 1995. The secretary of state shall bear all costs for	99144
the inclusion of the mail-in registration form. That form shall be	99145
addressed for return to the office of the secretary of state.	99146

(B) Exercising the authority provided by law, including	99147
orders from bankruptcy courts, relative to remitting or refunding	99148
taxes or assessments, including penalties and interest thereon,	99149
illegally or erroneously assessed or collected, or for any other	99150
reason overpaid, and in addition, the commissioner may on written	99151
application of any person, firm, or corporation claiming to have	99152
overpaid to the treasurer of state at any time within five years	99153
prior to the making of such application any tax payable under any	99154
law which the department of taxation is required to administer	99155
which does not contain any provision for refund, or on the	99156
commissioner's own motion investigate the facts and make in	99157
triplicate a written statement of the commissioner's findings,	99158
and, if the commissioner finds that there has been an overpayment,	99159
issue in triplicate a certificate of abatement payable to the	99160
taxpayer, the taxpayer's assigns, or legal representative which	99161
shows the amount of the overpayment and the kind of tax overpaid.	99162
One copy of such statement shall be entered on the journal of the	99163
commissioner, one shall be certified to the attorney general, and	99164
one certified copy shall be delivered to the taxpayer. All copies	99165
of the certificate of abatement shall be transmitted to the	99166
attorney general, and if the attorney general finds it to be	99167
correct the attorney general shall so certify on each copy, and	99168
deliver one copy to the taxpayer, one copy to the commissioner,	99169
and the third copy to the treasurer of state. Except as provided	99170
in sections 5725.08 and 5725.16 of the Revised Code the taxpayer's	99171
copy of any certificates of abatement may be tendered by the payee	99172
or transferee thereof to the treasurer of state as payment, to the	99173
extent of the amount thereof, of any tax payable to the treasurer	99174
of state.	99175

(C) Exercising the authority provided by law relative to	99176
consenting to the compromise and settlement of tax claims;	99177

(D) Exercising the authority provided by law relative to the	99178
use of alternative tax bases by taxpayers in the making of	99179
personal property tax returns;	99180

(E) Exercising the authority provided by law relative to	99181
authorizing the prepayment of taxes on retail sales of tangible	99182
personal property or on the storage, use, or consumption of	99183
personal property, and waiving the collection of such taxes from	99184
the consumers;	99185

(F) Exercising the authority provided by law to revoke	99186
licenses;	99187

(G) Maintaining a continuous study of the practical operation	99188
of all taxation and revenue laws of the state, the manner in which	99189
and extent to which such laws provide revenues for the support of	99190
the state and its political subdivisions, the probable effect upon	99191
such revenue of possible changes in existing laws, and the	99192
possible enactment of measures providing for other forms of	99193
taxation. For this purpose the commissioner may establish and	99194
maintain a division of research and statistics~~, and may appoint~~	99195
~~necessary employees who shall be in the unclassified civil~~	99196
~~service; the~~. The results of such study shall be available to the	99197
members of the general assembly and the public.	99198

(H) Making all tax assessments, valuations, findings,	99199
determinations, computations, and orders the department of	99200
taxation is by law authorized and required to make and, pursuant	99201
to time limitations provided by law, on the commissioner's own	99202
motion, reviewing, redetermining, or correcting any tax	99203
assessments, valuations, findings, determinations, computations,	99204
or orders the commissioner has made, but the commissioner shall	99205
not review, redetermine, or correct any tax assessment, valuation,	99206
finding, determination, computation, or order which the	99207
commissioner has made as to which an appeal or application for	99208
rehearing, review, redetermination, or correction has been filed	99209
with the board of tax appeals, unless such appeal or application	99210
is withdrawn by the appellant or applicant or dismissed;	99211

(I) Appointing not more than five deputy tax commissioners,	99212
who, under such regulations as the rules of the department of	99213
taxation prescribe, may act for the commissioner in the	99214
performance of such duties as the commissioner prescribes in the	99215
administration of the laws which the commissioner is authorized	99216
and required to administer, and who shall serve in the	99217
unclassified civil service at the pleasure of the commissioner,	99218
but if a person who holds a position in the classified service is	99219
appointed, it shall not affect the civil service status of such	99220
person. The commissioner may designate not more than two of the	99221
deputy commissioners to act as commissioner in case of the	99222
absence, disability, or recusal of the commissioner or vacancy in	99223
the office of commissioner. The commissioner may adopt rules	99224
relating to the order of precedence of such designated deputy	99225
commissioners and to their assumption and administration of the	99226
office of commissioner.	99227

(J) Appointing and prescribing the duties of all other	99228
employees of the department of taxation necessary in the	99229
performance of the work of the department which the tax	99230
commissioner is by law authorized and required to perform, and	99231
creating such divisions or sections of employees as, in the	99232
commissioner's judgment, is proper;	99233

(K) Organizing the work of the department, which the	99234
commissioner is by law authorized and required to perform, so	99235
that, in the commissioner's judgment, an efficient and economical	99236
administration of the laws will result;	99237

(L) Maintaining a journal, which is open to public	99238
inspection, in which the tax commissioner shall keep a record of	99239
all final determinations of the commissioner;	99240

(M) Adopting and promulgating, in the manner provided by	99241
section 5703.14 of the Revised Code, all rules of the department,	99242
including rules for the administration of sections 3517.16,	99243
3517.17, and 5747.081 of the Revised Code;	99244

(N) Destroying any or all returns or assessment certificates	99245
in the manner authorized by law;	99246

(O) Adopting rules, in accordance with division (B) of	99247
section 325.31 of the Revised Code, governing the expenditure of	99248
moneys from the real estate assessment fund under that division.	99249

Sec. 5703.37. ~~Whenever~~(A)(1) Except as provided in division	99250
(B) of this section, whenever service of a notice or order is	99251
required in the manner provided in this section, a ~~certified~~ copy	99252
of the ~~order or~~ notice or order shall be served upon the person	99253
affected thereby either by personal service or by certified mail.	99254
~~Within the time specified in an order of the department of~~	99255
~~taxation, every person upon whom it is served, if required by the~~	99256
~~order, shall notify the department, by personal service, certified~~	99257
~~mail, or a delivery service authorized under section 5703.056 of~~	99258
~~the Revised Code, whether the terms of the order are accepted and~~	99259
~~will be obeyed~~that notifies the tax commissioner of the date of	99260
delivery.	99261

(2) With the permission of the person affected by the notice	99262
or order, the commissioner may enter into a written agreement to	99263
deliver a notice or order by alternative means as provided in this	99264
section, including, but not limited to, delivery by secure	99265
electronic mail. Delivery by such means satisfies the requirements	99266
for delivery under this section.	99267

(B)(1)(a) If certified mail is returned because of an	99268
undeliverable address, the commissioner shall first utilize	99269
reasonable means to ascertain a new last known address, including	99270
the use of a change of address service offered by the United	99271
States postal service. An assessment is deemed final for the	99272
purposes of section 131.02 of the Revised Code sixty days after	99273
the notice or order sent by certified mail is first returned to	99274
the commissioner. If, after using reasonable means, the	99275
commissioner is unable to ascertain a new last known address, the	99276
commissioner shall certify the notice or order, if applicable, to	99277
the attorney general for collection under section 131.02 of the	99278
Revised Code.	99279

(b) Notwithstanding certification to the attorney general	99280
under division (B)(1)(a) of this section, once the commissioner or	99281
attorney general, or the designee of either, makes an initial	99282
contact with the person to whom the notice or order is directed,	99283
the person may protest an assessment by filing a petition for	99284
reassessment within sixty days after the initial contact. The	99285
certification of an assessment under division (B)(1)(a) of this	99286
section is prima-facie evidence that delivery is complete and that	99287
the notice or order is served.	99288

(2) If mailing of a notice or order by certified mail is	99289
returned for some cause other than an undeliverable address, the	99290
tax commissioner shall resend the notice or order by ordinary	99291
mail. The notice or order shall show the date the commissioner	99292
sends the notice or order and include the following statement:	99293

"This notice or order is deemed to be served on the addressee	99294
under applicable law ten days from the date this notice or order	99295
was mailed by the commissioner as shown on the notice or order,	99296
and all periods within which an appeal may be filed apply from and	99297
after that date."	99298

Unless the mailing is returned because of an undeliverable	99299
address, the mailing of that information is prima-facie evidence	99300
that delivery of the notice or order was completed ten days after	99301
the commissioner sent the notice or order by ordinary mail and	99302
that the notice or order was served.	99303

If the ordinary mail is subsequently returned because of an	99304
undeliverable address, the commissioner shall proceed under	99305
division (B)(1)(a) of this section. A person may challenge the	99306
presumption of delivery and service under this division in	99307
accordance with division (C) of this section.	99308

(C)(1) A person disputing the presumption of delivery and	99309
service under division (B) of this section bears the burden of	99310
proving by a preponderance of the evidence that the address to	99311
which the notice or order was sent was not an address with which	99312
the person was associated at the time the commissioner originally	99313
mailed the notice or order by certified mail. For the purposes of	99314
this section, a person is associated with an address if the person	99315
was residing or receiving legal documents at the address, or if a	99316
business was conducted at the address either by the person or the	99317
person's agent, or by any other person affiliated with the	99318
business, if the person owned or controlled at least twenty per	99319
cent of the business' ownership interests having voting rights.	99320

(2) If the person elects to protest an assessment certified	99321
to the attorney general for collection, the person must do so	99322
within sixty days after the attorney general's initial contact	99323
with the person. The attorney general must either enter into a	99324
compromise with the person under sections 131.02 and 5703.06 of	99325
the Revised Code, or send to the tax commissioner the person's	99326
petition for reassessment for action under the procedures	99327
prescribed by this title for petitions for reassessment.	99328

(D) Nothing in this section prohibits the tax commissioner or	99329
the commissioner's designee from delivering a notice or order by	99330
personal service.	99331

(E) Collection actions taken pursuant to section 131.02 of	99332
the Revised Code upon any assessment being challenged under	99333
division (B)(1)(b) of this section shall be stayed upon the	99334
pendency of an appeal under this section, but such a claim remains	99335
certified for subsequent collection by the attorney general for	99336
the purposes of this section and section 131.02 of the Revised	99337
Code.	99338

(F) As used in this section:

99339

(1) "Last known address" means the address the department has	99340
at the time the document is originally sent by certified mail, or	99341
any address the department can ascertain using reasonable means	99342
such as the use of a change of address service offered by the	99343
United States postal service.	99344

(2) "Undeliverable address" means an address to which the	99345
United States postal service is not able to deliver a notice or	99346
order, except when the reason for nondelivery is because the	99347
addressee fails to acknowledge or accept the notice or order.	99348

Sec. 5703.80. There is hereby created in the state treasury	99349
the property tax administration fund. All money to the credit of	99350
the fund shall be used to defray the costs incurred by the	99351
department of taxation in administering the taxation of property	99352
and the equalization of real property valuation.	99353

Each fiscal year between the first and fifteenth days of	99354
July, the tax commissioner shall compute the following amounts for	99355
the property in each taxing district in each county, and certify	99356
to the director of budget and management the sum of those amounts	99357
for all taxing districts in all counties:	99358

(A) For fiscal year ~~2006~~2010, ~~thirty-three~~forty-two	99359
hundredths of one per cent of the total amount by which taxes	99360
charged against real property on the general tax list of real and	99361
public utility property were reduced under section 319.302 of the	99362
Revised Code for the preceding tax year;	99363

(B) For fiscal year ~~2007~~2011 and thereafter, ~~thirty-five~~	99364
forty-eight hundredths of one per cent of the total amount by	99365
which taxes charged against real property on the general tax list	99366
of real and public utility property were reduced under section	99367
319.302 of the Revised Code for the preceding tax year;	99368

(C) For fiscal year ~~2006~~2010, ~~one-half~~eight-tenths of one	99369
per cent of the total amount of taxes charged and payable against	99370
public utility personal property on the general tax list of real	99371
and public utility property for the preceding tax year and of the	99372
total amount of taxes charged and payable against tangible	99373
personal property on the general tax list of personal property of	99374
the preceding tax year and for which returns were filed with the	99375
tax commissioner under section 5711.13 of the Revised Code;	99376

(D) For fiscal year ~~2007~~2011 and thereafter, ~~fifty-six~~	99377
~~hundredths~~nine hundred fifty-one thousandths of one per cent of	99378
the total amount of taxes charged and payable against public	99379
utility personal property on the general tax list of real and	99380
public utility property for the preceding tax year and of the	99381
total amount of taxes charged and payable against tangible	99382
personal property on the general tax list of personal property of	99383
the preceding tax year and for which returns were filed with the	99384
tax commissioner under section 5711.13 of the Revised Code;	99385

~~(E) For fiscal year 2008, six-tenths of one per cent of the~~	99386
~~total amount of taxes charged and payable against public utility~~	99387
~~personal property on the general tax list of real and public~~	99388
~~utility property for the preceding tax year and of the total~~	99389
~~amount of taxes charged and payable against tangible personal~~	99390
~~property on the general tax list of personal property of the~~	99391
~~preceding tax year and for which returns were filed with the tax~~	99392
~~commissioner under section 5711.13 of the Revised Code;~~	99393

~~(F) For fiscal year 2009 and thereafter, seven hundred~~	99394
~~twenty-five one-thousandths of one per cent of the total amount of~~	99395
~~taxes charged and payable against public utility personal property~~	99396
~~on the general tax list of real and public utility property for~~	99397
~~the preceding tax year and of the total amount of taxes charged~~	99398
~~and payable against tangible personal property on the general tax~~	99399
~~list of personal property of the preceding tax year and for which~~	99400
~~returns were filed with the tax commissioner under section 5711.13~~	99401
~~of the Revised Code~~.	99402

After receiving the tax commissioner's certification, the	99403
director of budget and management shall transfer from the general	99404
revenue fund to the property tax administration fund one-fourth of	99405
the amount certified on or before each of the following days: the	99406
first days of August, November, February, and May.	99407

On or before the thirtieth day of June of the fiscal year,	99408
the tax commissioner shall certify to the director of budget and	99409
management the sum of the amounts by which the amounts computed	99410
for a taxing district under this section exceeded the	99411
distributions to the taxing district under division (F) of section	99412
321.24 of the Revised Code, and the director shall transfer that	99413
sum from the property tax administration fund to the general	99414
revenue fund.	99415

Sec. 5705.214. Not more than three elections during any	99416
calendar year shall include the questions by a school district of	99417
tax levies proposed under any one or any combination of the	99418
following sections: sections 5705.194, 5705.199, 5705.21,	99419
5705.212, 5705.213, 5705.217, ~~and~~ 5705.218, and 5705.219 of the	99420
Revised Code.	99421

Sec. 5705.219. (A) As used in this section:

99422

(1) "Eligible school district" means a city, local, or	99423
exempted village school district in which the taxes charged and	99424
payable for current expenses on residential/agricultural real	99425
property in the tax year preceding the year in which the levy	99426
authorized by this section will be submitted for elector approval	99427
or rejection are greater than two per cent of the taxable value of	99428
the residential/agricultural real property.	99429

(2) "Residential/agricultural real property" and	99430
"nonresidential/agricultural real property" means the property	99431
classified as such under section 5713.041 of the Revised Code.	99432

(3) "Effective tax rate" and "taxes charged and payable" have	99433
the same meanings as in division (B) of section 319.301 of the	99434
Revised Code.	99435

(B) On or after January 1, 2010, but before January 1, 2015,	99436
the board of education of an eligible school district, by a vote	99437
of two-thirds of all its members, may adopt a resolution proposing	99438
to convert existing levies imposed for the purpose of current	99439
expenses into a levy raising a specified amount of tax money by	99440
repealing all or a portion of one or more of those existing levies	99441
and imposing a levy in excess of the ten-mill limitation that will	99442
raise a specified amount of money for current expenses of the	99443
district.	99444

The board of education shall certify a copy of the resolution	99445
to the tax commissioner not later than ninety days before the	99446
election upon which the repeal and levy authorized by this section	99447
will be proposed to the electors. Within ten days after receiving	99448
the copy of the resolution, the tax commissioner shall determine	99449
each of the following and certify the determinations to the board	99450
of education:	99451

(1) The dollar amount to be raised by the proposed levy,	99452
which shall be the product of:	99453

(a) The difference between the aggregate effective tax rate	99454
for residential/agricultural real property for the tax year	99455
preceding the year in which the repeal and levy will be proposed	99456
to the electors and twenty mills per dollar of taxable value;	99457

(b) The total taxable value of all property on the tax list	99458
of real and public utility property for the tax year preceding the	99459
year in which the repeal and levy will be proposed to the	99460
electors.	99461

(2) The estimated tax rate of the proposed levy.

99462

(3) The existing levies and any portion of an existing levy	99463
to be repealed upon approval of the question. Levies shall be	99464
repealed in reverse chronological order from most recently imposed	99465
to least recently imposed until the sum of the effective tax rates	99466
repealed for residential/agricultural real property is equal to	99467
the difference calculated in division (B)(1)(a) of this section.	99468

(4) The sum of the following:

99469

(a) The total taxable value of nonresidential/agricultural	99470
real property for the tax year preceding the year in which the	99471
repeal and levy will be proposed to the electors multiplied by the	99472
difference between (i) the aggregate effective tax rate for	99473
nonresidential/agricultural real property for the existing levies	99474
and any portion of an existing levy to be repealed and (ii) the	99475
amount determined under division (B)(1)(a) of this section, but	99476
not less than zero;	99477

(b) The total taxable value of public utility tangible	99478
personal property for the tax year preceding the year in which the	99479
repeal and levy will be proposed to the electors multiplied by the	99480
difference between (i) the aggregate voted tax rate for the	99481
existing levies and any portion of an existing levy to be repealed	99482
and (ii) the amount determined under division (B)(1)(a) of this	99483
section, but not less than zero.	99484

(C) Upon receipt of the certification from the tax	99485
commissioner under division (B) of this section, a majority of the	99486
members of the board of education may adopt a resolution proposing	99487
the repeal of the existing levies as identified in the	99488
certification and the imposition of a levy in excess of the	99489
ten-mill limitation that will raise annually the amount certified	99490
by the commissioner. If the board determines that the tax should	99491
be for an amount less than that certified by the commissioner, the	99492
board, before January 1, 2015, may request that the commissioner	99493
redetermine the rate under division (B)(2) of this section on the	99494
basis of the lesser amount the levy is to raise as specified by	99495
the board. The amount certified under division (B)(4) and the	99496
levies to be repealed as certified under division (B)(3) of this	99497
section shall not be redetermined. Within ten days after	99498
receiving a timely request specifying the lesser amount to be	99499
raised by the levy, the commissioner shall redetermine the rate	99500
and recertify it to the board as otherwise provided in division	99501
(B) of this section. Only one such request may be made by the	99502
board of education of an eligible school district.	99503

The resolution shall state the first calendar year in which	99504
the levy will be due; the existing levies and any portion of an	99505
existing levy that will be repealed, as certified by the	99506
commissioner; the term of the levy expressed in years, which may	99507
be any number not exceeding ten, or that it will be levied for a	99508
continuing period of time; and the date of the election.	99509

Immediately upon its passage, the resolution shall go into	99510
effect and shall be certified by the board of education to the	99511
county auditor of the proper county. The county auditor and the	99512
board of education shall proceed as required under section	99513
5705.195 of the Revised Code. No publication of the resolution is	99514
necessary other than that provided for in the notice of election.	99515
Section 5705.196 of the Revised Code shall govern the matters	99516
concerning the election. The submission of a question to the	99517
electors under this section is subject to the limitation on the	99518
number of election dates established by section 5705.214 of the	99519
Revised Code.	99520

(D) The form of the ballot to be used at the election	99521
provided for in this section shall be as follows:	99522

"Shall the existing levy of . . . (insert the voted millage	99523
rate of the levy to be repealed), currently being charged against	99524
residential and agricultural property by the . . . (insert the	99525
name of school district) at a rate of . . . (insert the	99526
residential/agricultural real property effective tax rate of the	99527
levy being repealed) for the purpose of . . . (insert the purpose	99528
of the existing levy) be repealed, and shall a levy be imposed by	99529
the . . . (insert the name of school district) in excess of the	99530
ten-mill limitation for the necessary requirements of the school	99531
district in the sum of . . . (insert the annual amount the levy is	99532
to produce), estimated by the tax commissioner to require . . .	99533
(insert the number of mills) mills for each one dollar of	99534
valuation, which amounts to . . . (insert the rate expressed in	99535
dollars and cents) for each one hundred dollars of valuation for	99536
the initial year of the tax, for a period of . . . (insert the	99537
number of years the levy is to be imposed, or that it will be	99538
levied for a continuing period of time), commencing in . . .	99539
(insert the first year the tax is to be levied), first due in	99540
calendar year . . . (insert the first calendar year in which the	99541
tax shall be due)?	99542

99543

		FOR THE REPEAL AND TAX			99544
		AGAINST THE REPEAL AND TAX	"		99545

99546

If the question submitted is a proposal to repeal all or a	99547
portion of more than one existing levy, the form of the ballot	99548
shall be modified by substituting the statement "shall the	99549
existing levy of" with "shall existing levies of" and inserting	99550
the aggregate voted and aggregate effective tax rates to be	99551
repealed.	99552

(E) If a majority of the electors voting on the question	99553
submitted in an election vote in favor of the repeal and levy, the	99554
result shall be certified immediately after the canvass by the	99555
board of elections to the board of education. The board of	99556
education may make the levy necessary to raise the amount	99557
specified in the resolution for the purpose stated in the	99558
resolution and shall certify it to the county auditor, who shall	99559
extend it on the current year tax lists for collection. After the	99560
first year, the levy shall be included in the annual tax budget	99561
that is certified to the county budget commission.	99562

(F) A levy imposed under this section for a continuing period	99563
of time may be decreased or repealed pursuant to section 5705.261	99564
of the Revised Code. If a levy imposed under this section is	99565
decreased, the amount calculated under division (B)(4) of this	99566
section and paid under section 5705.2110 of the Revised Code	99567
shall be decreased by the same proportion as the levy is	99568
decreased. If the levy is repealed, no further payments shall be	99569
made to the district under that section.	99570

(G) At any time, the board of education, by a vote of	99571
two-thirds of all of its members, may adopt a resolution to renew	99572
a tax levied under this section. The resolution shall provide for	99573
levying the tax and specifically all of the following:	99574

(1) That the tax shall be called, and designated on the	99575
ballot as, a renewal levy;	99576

(2) The amount of the renewal tax, which shall be no more	99577
than the amount of tax previously collected;	99578

(3) The number of years, not to exceed ten, that the renewal	99579
tax will be levied, or that it will be levied for a continuing	99580
period of time;	99581

(4) That the purpose of the renewal tax is for current	99582
expenses.	99583

(H) The form of the ballot to be used at the election on the	99584
question of renewing a levy under this section shall be as	99585
follows:	99586

"Shall a tax levy renewing an existing levy of . . . (insert	99587
the annual dollar amount the levy is to produce each year),	99588
estimated to require . . . (insert the number of mills) mills for	99589
each one dollar of valuation be imposed by the . . . (insert the	99590
name of school district) for the purpose of current expenses for a	99591
period of . . . (insert the number of years the levy is to be	99592
imposed, or that it will be levied for a continuing period of	99593
time), commencing in . . . (insert the first year the tax is to be	99594
levied), first due in calendar year . . . (insert the first	99595
calendar year in which the tax shall be due)?	99596

99597

		FOR THE RENEWAL OF THE TAX LEVY			99598
		AGAINST THE RENEWAL OF THE TAX LEVY	"		99599

99600

If the levy submitted is to be for less than the amount of	99601
money previously collected, the form of the ballot shall be	99602
modified to add "and reducing" after "renewing" and to add before	99603
"estimated to require" the statement "be approved at a tax rate	99604
necessary to produce . . . (insert the lower annual dollar amount	99605
the levy is to produce each year)."	99606

Sec. 5705.2110. (A) For purposes of this section:

99607

(1) "Carryover property" has the same meaning as in section	99608
319.301 of the Revised Code.	99609

(2) "Residential/agricultural real property" has the same	99610
meaning as in section 5705.219 of the Revised Code.	99611

(B) For each city, local, or exempted village school district	99612
in which the tax authorized by section 5705.219 of the Revised	99613
Code has been approved by electors in the preceding year, the tax	99614
commissioner, not later than the twenty-eighth day of February,	99615
shall certify to the department of education the amount determined	99616
in division (B)(4) of section 5705.219 of the Revised Code. Not	99617
later than the twenty-eighth day of February of each year	99618
thereafter for twelve years, the commissioner shall certify an	99619
amount equal to the difference between the amount certified in	99620
the preceding year under this division and the product of ten	99621
mills per dollar multiplied by the excess, if any, of the value	99622
of carryover property for residential/agricultural real property	99623
for the preceding tax year over the value of carryover property	99624
for residential/agricultural real property in the second	99625
preceding tax year. If the amount to be certified in any year is	99626
zero, in the commissioner's certification the commissioner shall	99627
state that no further certifications shall be forthcoming.	99628

(C) Not later than the last day of April and of October	99629
beginning in the first year in which a certification under	99630
division (B) of this section is received, the department of	99631
education shall pay to the school district for which the	99632
certification is made one-half of the amount most recently	99633
certified by the tax commissioner.	99634

Sec. 5705.29. This section does not apply to a subdivision or	99635
taxing unit for which the county budget commission has waived the	99636
requirement to adopt a tax budget pursuant to section 5705.281 of	99637
the Revised Code. The tax budget shall present the following	99638
information in such detail as is prescribed by the auditor of	99639
state:	99640

(A)(1) A statement of the necessary current operating	99641
expenses for the ensuing fiscal year for each department and	99642
division of the subdivision, classified as to personal services	99643
and other expenses, and the fund from which such expenditures are	99644
to be made. Except in the case of a school district, this estimate	99645
may include a contingent expense not designated for any particular	99646
purpose, and not to exceed three per cent of the total amount of	99647
appropriations for current expenses. In the case of a school	99648
district, this estimate may include a contingent expense not	99649
designated for any particular purpose and not to exceed thirteen	99650
per cent of the total amount of appropriations for current	99651
expenses.	99652

(2) A statement of the expenditures for the ensuing fiscal	99653
year necessary for permanent improvements, exclusive of any	99654
expense to be paid from bond issues, classified as to the	99655
improvements contemplated by the subdivision and the fund from	99656
which such expenditures are to be made;	99657

(3) The amounts required for the payment of final judgments;

99658

(4) A statement of expenditures for the ensuing fiscal year	99659
necessary for any purpose for which a special levy is authorized,	99660
and the fund from which such expenditures are to be made;	99661

(5) Comparative statements, so far as possible, in parallel	99662
columns of corresponding items of expenditures for the current	99663
fiscal year and the two preceding fiscal years.	99664

(B)(1) An estimate of receipts from other sources than the	99665
general property tax during the ensuing fiscal year, which shall	99666
include an estimate of unencumbered balances at the end of the	99667
current fiscal year, and the funds to which such estimated	99668
receipts are credited;	99669

(2) The amount each fund requires from the general property	99670
tax, which shall be the difference between the contemplated	99671
expenditure from the fund and the estimated receipts, as provided	99672
in this section. The section of the Revised Code under which the	99673
tax is authorized shall be set forth.	99674

(3) Comparative statements, so far as possible, in parallel	99675
columns of taxes and other revenues for the current fiscal year	99676
and the two preceding fiscal years.	99677

(C)(1) The amount required for debt charges;

99678

(2) The estimated receipts from sources other than the tax	99679
levy for payment of such debt charges, including the proceeds of	99680
refunding bonds to be issued to refund bonds maturing in the next	99681
succeeding fiscal year;	99682

(3) The net amount for which a tax levy shall be made,	99683
classified as to bonds authorized and issued prior to January 1,	99684
1922, and those authorized and issued subsequent to such date, and	99685
as to what portion of the levy will be within and what in excess	99686
of the ten-mill limitation.	99687

(D) An estimate of amounts from taxes authorized to be levied	99688
in excess of the ten-mill limitation on the tax rate, and the fund	99689
to which such amounts will be credited, together with the sections	99690
of the Revised Code under which each such tax is exempted from all	99691
limitations on the tax rate.	99692

(E)(1) A board of education may include in its budget for the	99693
fiscal year in which a levy proposed under section 5705.194,	99694
5705.199, 5705.21, or 5705.213, or 5705.219, or the original levy	99695
under section 5705.212 of the Revised Code is first extended on	99696
the tax list and duplicate an estimate of expenditures to be known	99697
as a voluntary contingency reserve balance, which shall not be	99698
greater than twenty-five per cent of the total amount of the levy	99699
estimated to be available for appropriation in such year.	99700

(2) A board of education may include in its budget for the	99701
fiscal year following the year in which a levy proposed under	99702
section 5705.194, 5705.199, 5705.21, or 5705.213, or 5705.219, or	99703
the original levy under section 5705.212 of the Revised Code is	99704
first extended on the tax list and duplicate an estimate of	99705
expenditures to be known as a voluntary contingency reserve	99706
balance, which shall not be greater than twenty per cent of the	99707
amount of the levy estimated to be available for appropriation in	99708
such year.	99709

(3) Except as provided in division (E)(4) of this section,	99710
the full amount of any reserve balance the board includes in its	99711
budget shall be retained by the county auditor and county	99712
treasurer out of the first semiannual settlement of taxes until	99713
the beginning of the next succeeding fiscal year, and thereupon,	99714
with the depository interest apportioned thereto, it shall be	99715
turned over to the board of education, to be used for the purposes	99716
of such fiscal year.	99717

(4) A board of education, by a two-thirds vote of all members	99718
of the board, may appropriate any amount withheld as a voluntary	99719
contingency reserve balance during the fiscal year for any lawful	99720
purpose, provided that prior to such appropriation the board of	99721
education has authorized the expenditure of all amounts	99722
appropriated for contingencies under section 5705.40 of the	99723
Revised Code. Upon request by the board of education, the county	99724
auditor shall draw a warrant on the district's account in the	99725
county treasury payable to the district in the amount requested.	99726

(F)(1) A board of education may include a spending reserve in	99727
its budget for fiscal years ending on or before June 30, 2002. The	99728
spending reserve shall consist of an estimate of expenditures not	99729
to exceed the district's spending reserve balance. A district's	99730
spending reserve balance is the amount by which the designated	99731
percentage of the district's estimated personal property taxes to	99732
be settled during the calendar year in which the fiscal year ends	99733
exceeds the estimated amount of personal property taxes to be so	99734
settled and received by the district during that fiscal year.	99735
Moneys from a spending reserve shall be appropriated in accordance	99736
with section 133.301 of the Revised Code.	99737

(2) For the purposes of computing a school district's	99738
spending reserve balance for a fiscal year, the designated	99739
percentage shall be as follows:	99740

Fiscal year ending in:	Designated percentage	99741
1998	50%	99742
1999	40%	99743
2000	30%	99744
2001	20%	99745
2002	10%	99746

(G) Except as otherwise provided in this division, the county	99747
budget commission shall not reduce the taxing authority of a	99748
subdivision as a result of the creation of a reserve balance	99749
account. Except as otherwise provided in this division, the county	99750
budget commission shall not consider the amount in a reserve	99751
balance account of a township, county, or municipal corporation as	99752
an unencumbered balance or as revenue for the purposes of division	99753
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	99754
budget commission may require documentation of the reasonableness	99755
of the reserve balance held in any reserve balance account. The	99756
commission shall consider any amount in a reserve balance account	99757
that it determines to be unreasonable as unencumbered and as	99758
revenue for the purposes of section 5747.51 of the Revised Code	99759
and may take such amounts into consideration when determining	99760
whether to reduce the taxing authority of a subdivision.	99761

Sec. 5705.341. Any person required to pay taxes on real,	99762
public utility, or tangible personal property in any taxing	99763
district or other political subdivision of this state may appeal	99764
to the board of tax appeals from the action of the county budget	99765
commission of any county which relates to the fixing of uniform	99766
rates of taxation and the rate necessary to be levied by each	99767
taxing authority within its subdivision or taxing unit and which	99768
action has been certified by the county budget commission to the	99769
taxing authority of any political subdivision or other taxing	99770
district within the county.	99771

Such appeal shall be in writing and shall set forth the tax	99772
rate complained of and the reason that such a tax rate is not	99773
necessary to produce the revenue needed by the taxing district or	99774
political subdivision for the ensuing fiscal year as those needs	99775
are set out in the tax budget of said taxing unit or, if adoption	99776
of a tax budget was waived under section 5705.281 of the Revised	99777
Code, as set out in such other information the district or	99778
subdivision was required to provide under that section, or that	99779
the action of the budget commission appealed from does not	99780
otherwise comply with sections 5705.01 to 5705.47 of the Revised	99781
Code. The notice of appeal shall be filed with the board of tax	99782
appeals, and a true copy thereof shall be filed with the tax	99783
commissioner, the county auditor, and with the fiscal officer of	99784
each taxing district or political subdivision authorized to levy	99785
the tax complained of, and such notice of appeal and copies	99786
thereof must be filed within thirty days after the budget	99787
commission has certified its action as provided by section 5705.34	99788
of the Revised Code. Such notice of appeal and the copies thereof	99789
may be filed either in person or by certified mail. If filed by	99790
certified mail, the date of the United States postmark placed on	99791
the sender's receipt by the postal employee to whom the notice of	99792
appeal is presented shall be treated as the date of filing.	99793

Prior to filing the appeal provided by this section, the	99794
appellant shall deposit with the county auditor of the county or,	99795
in the event the appeal concerns joint taxing districts in two or	99796
more counties, with the county auditor of the county with the	99797
greatest valuation of taxable property the sum of five hundred	99798
dollars to cover the costs of the proceeding. The county auditor	99799
shall forthwith issue a pay-in order and pay such money into the	99800
county treasury to the credit of the general fund. The appellant	99801
shall produce the receipt of the county treasurer for such deposit	99802
and shall file such receipt with the notice of appeal.	99803

The board of tax appeals shall forthwith consider the matter	99804
presented on appeal from the action of the county budget	99805
commission and may modify any action of the commission with	99806
reference to the fixing of tax rates, to the end that no tax rate	99807
shall be levied above that necessary to produce the revenue needed	99808
by the taxing district or political subdivision for the ensuing	99809
fiscal year and to the end that the action of the budget	99810
commission appealed from shall otherwise be in conformity with	99811
sections 5705.01 to 5705.47 of the Revised Code. The findings of	99812
the board of tax appeals shall be substituted for the findings of	99813
the budget commission and shall be ~~certified~~sent to the county	99814
auditor and the taxing authority of the taxing district or	99815
political subdivision affected as the action of such budget	99816
commission under sections 5705.01 to 5705.47 of the Revised Code	99817
and to the tax commissioner.	99818

The board of tax appeals shall promptly prepare a cost bill	99819
listing the expenses incurred by the board in conducting any	99820
hearing on the appeal and certify the cost bill to the county	99821
auditor of the county receiving the deposit for costs, who shall	99822
forthwith draw a warrant on the general fund of the county in	99823
favor of the person or persons named in the bill of costs	99824
certified by the board of tax appeals.	99825

In the event the appellant prevails, the board of tax appeals	99826
promptly shall direct the county auditor to refund the deposit to	99827
the appellant and the costs shall be taxed to the taxing district	99828
or political subdivision involved in the appeal. The county	99829
auditor shall withhold from any funds then or thereafter in the	99830
auditor's possession belonging to the taxing district or political	99831
subdivision named in the order of the board of tax appeals and	99832
shall reimburse the general fund of the county.	99833

If the appellant fails, the costs shall be deducted from the	99834
deposit provided for in this section and any balance which remains	99835
shall be refunded promptly to the appellant by warrant of the	99836
county auditor drawn on the general fund of the county.	99837

Nothing in this section or any section of the Revised Code	99838
shall permit or require the levying of any rate of taxation,	99839
whether within the ten-mill limitation or whether the levy has	99840
been approved by the electors of the taxing district, the	99841
political subdivision, or the charter of a municipal corporation	99842
in excess of such ten-mill limitation, unless such rate of	99843
taxation for the ensuing fiscal year is clearly required by a	99844
budget of the taxing district or political subdivision properly	99845
and lawfully adopted under this chapter, or by other information	99846
that must be provided under section 5705.281 of the Revised Code	99847
if a tax budget was waived.	99848

In the event more than one appeal is filed involving the same	99849
taxing district or political subdivision, all such appeals may be	99850
consolidated by the board of tax appeals and heard at the same	99851
time.	99852

Nothing herein contained shall be construed to bar or	99853
prohibit the tax commissioner from initiating an investigation or	99854
hearing on the commissioner's own motion.	99855

The tax commissioner shall adopt and issue such orders,	99856
rules, and instructions, not inconsistent with law, as the	99857
commissioner deems necessary, as to the exercise of the powers and	99858
the discharge of the duties of any particular county budget	99859
commission, county auditor, or other officer which relate to the	99860
budget, the assessment of property, or the levy and collection of	99861
taxes. The commissioner shall cause the orders and instructions	99862
issued by the commissioner to be obeyed.	99863

Sec. 5705.37. The taxing authority of any subdivision, or	99864
the board of trustees of any public library, nonprofit	99865
corporation, or library association maintaining a free public	99866
library that has adopted and certified rules under section 5705.28	99867
of the Revised Code, that is dissatisfied with any action of the	99868
county budget commission may, through its fiscal officer, appeal	99869
to the board of tax appeals within thirty days after the receipt	99870
by the subdivision of the official certificate or notice of the	99871
commission's action. In like manner, but through its clerk, any	99872
park district may appeal to the board of tax appeals. An appeal	99873
under this section shall be taken by the filing of a notice of	99874
appeal, either in person or by certified mail, express mail, or	99875
authorized delivery service as provided in section 5703.056 of	99876
the Revised Code, with the board and with the commission. If	99877
notice of appeal is filed by certified mail, express mail, or	99878
authorized delivery service, date of the United States postmark	99879
placed on the sender's receipt by the postal service or the date	99880
of receipt recorded by the authorized delivery service shall be	99881
treated as the date of filing. Upon receipt of the notice of	99882
appeal, the commission, by certified mail, shall notify all	99883
persons who were parties to the proceeding before the commission	99884
of the filing of the notice of appeal and shall file proof of	99885
notice with the board of tax appeals. The secretary of the	99886
commission shall forthwith certify to the board a transcript of	99887
the full and accurate record of all proceedings before the	99888
commission, together with all evidence presented in the	99889
proceedings or considered by the commission, pertaining to the	99890
action from which the appeal is taken. The secretary of the	99891
commission also shall certify to the board any additional	99892
information that the board may request.	99893

The board of tax appeals, in a de novo proceeding, shall	99894
forthwith consider the matter presented to the commission, and may	99895
modify any action of the commission with reference to the budget,	99896
the estimate of revenues and balances, the allocation of the	99897
public library fund, or the fixing of tax rates. The finding of	99898
the board of tax appeals shall be substituted for the findings of	99899
the commission, and shall be ~~certified~~sent to the tax	99900
commissioner, the county auditor, and the taxing authority of the	99901
subdivision affected, or to the board of public library trustees	99902
affected, as the action of the commission under sections 5705.01	99903
to 5705.47 of the Revised Code.	99904

This section does not give the board of tax appeals any	99905
authority to place any tax levy authorized by law within the	99906
ten-mill limitation outside of that limitation, or to reduce any	99907
levy below any minimum fixed by law.	99908

Sec. 5709.62. (A) In any municipal corporation that is	99909
defined by the United States office of management and budget as a	99910
principal city of a metropolitan statistical area, the legislative	99911
authority of the municipal corporation may designate one or more	99912
areas within its municipal corporation as proposed enterprise	99913
zones. Upon designating an area, the legislative authority shall	99914
petition the director of development for certification of the area	99915
as having the characteristics set forth in division (A)(1) of	99916
section 5709.61 of the Revised Code as amended by Substitute	99917
Senate Bill No. 19 of the 120th general assembly. Except as	99918
otherwise provided in division (E) of this section, on and after	99919
July 1, 1994, legislative authorities shall not enter into	99920
agreements under this section unless the legislative authority has	99921
petitioned the director and the director has certified the zone	99922
under this section as amended by that act; however, all agreements	99923
entered into under this section as it existed prior to July 1,	99924
1994, and the incentives granted under those agreements shall	99925
remain in effect for the period agreed to under those agreements.	99926
Within sixty days after receiving such a petition, the director	99927
shall determine whether the area has the characteristics set forth	99928
in division (A)(1) of section 5709.61 of the Revised Code, and	99929
shall forward the findings to the legislative authority of the	99930
municipal corporation. If the director certifies the area as	99931
having those characteristics, and thereby certifies it as a zone,	99932
the legislative authority may enter into an agreement with an	99933
enterprise under division (C) of this section.	99934

(B) Any enterprise that wishes to enter into an agreement	99935
with a municipal corporation under division (C) of this section	99936
shall submit a proposal to the legislative authority of the	99937
municipal corporation on a form prescribed by the director of	99938
development, together with the application fee established under	99939
section 5709.68 of the Revised Code. The form shall require the	99940
following information:	99941

(1) An estimate of the number of new employees whom the	99942
enterprise intends to hire, or of the number of employees whom the	99943
enterprise intends to retain, within the zone at a facility that	99944
is a project site, and an estimate of the amount of payroll of the	99945
enterprise attributable to these employees;	99946

(2) An estimate of the amount to be invested by the	99947
enterprise to establish, expand, renovate, or occupy a facility,	99948
including investment in new buildings, additions or improvements	99949
to existing buildings, machinery, equipment, furniture, fixtures,	99950
and inventory;	99951

(3) A listing of the enterprise's current investment, if any,	99952
in a facility as of the date of the proposal's submission.	99953

The enterprise shall review and update the listings required	99954
under this division to reflect material changes, and any agreement	99955
entered into under division (C) of this section shall set forth	99956
final estimates and listings as of the time the agreement is	99957
entered into. The legislative authority may, on a separate form	99958
and at any time, require any additional information necessary to	99959
determine whether an enterprise is in compliance with an agreement	99960
and to collect the information required to be reported under	99961
section 5709.68 of the Revised Code.	99962

(C) Upon receipt and investigation of a proposal under	99963
division (B) of this section, if the legislative authority finds	99964
that the enterprise submitting the proposal is qualified by	99965
financial responsibility and business experience to create and	99966
preserve employment opportunities in the zone and improve the	99967
economic climate of the municipal corporation, the legislative	99968
authority, on or before October 15, ~~2009~~2010, may do one of the	99969
following:	99970

(1) Enter into an agreement with the enterprise under which	99971
the enterprise agrees to establish, expand, renovate, or occupy a	99972
facility and hire new employees, or preserve employment	99973
opportunities for existing employees, in return for one or more of	99974
the following incentives:	99975

(a) Exemption for a specified number of years, not to exceed	99976
fifteen, of a specified portion, up to seventy-five per cent, of	99977
the assessed value of tangible personal property first used in	99978
business at the project site as a result of the agreement. If an	99979
exemption for inventory is specifically granted in the agreement	99980
pursuant to this division, the exemption applies to inventory	99981
required to be listed pursuant to sections 5711.15 and 5711.16 of	99982
the Revised Code, except that, in the instance of an expansion or	99983
other situations in which an enterprise was in business at the	99984
facility prior to the establishment of the zone, the inventory	99985
that is exempt is that amount or value of inventory in excess of	99986
the amount or value of inventory required to be listed in the	99987
personal property tax return of the enterprise in the return for	99988
the tax year in which the agreement is entered into.	99989

(b) Exemption for a specified number of years, not to exceed	99990
fifteen, of a specified portion, up to seventy-five per cent, of	99991
the increase in the assessed valuation of real property	99992
constituting the project site subsequent to formal approval of the	99993
agreement by the legislative authority;	99994

(c) Provision for a specified number of years, not to exceed	99995
fifteen, of any optional services or assistance that the municipal	99996
corporation is authorized to provide with regard to the project	99997
site.	99998

(2) Enter into an agreement under which the enterprise agrees	99999
to remediate an environmentally contaminated facility, to spend an	100000
amount equal to at least two hundred fifty per cent of the true	100001
value in money of the real property of the facility prior to	100002
remediation as determined for the purposes of property taxation to	100003
establish, expand, renovate, or occupy the remediated facility,	100004
and to hire new employees or preserve employment opportunities for	100005
existing employees at the remediated facility, in return for one	100006
or more of the following incentives:	100007

(a) Exemption for a specified number of years, not to exceed	100008
fifteen, of a specified portion, not to exceed fifty per cent, of	100009
the assessed valuation of the real property of the facility prior	100010
to remediation;	100011

(b) Exemption for a specified number of years, not to exceed	100012
fifteen, of a specified portion, not to exceed one hundred per	100013
cent, of the increase in the assessed valuation of the real	100014
property of the facility during or after remediation;	100015

(c) The incentive under division (C)(1)(a) of this section,	100016
except that the percentage of the assessed value of such property	100017
exempted from taxation shall not exceed one hundred per cent;	100018

(d) The incentive under division (C)(1)(c) of this section.

100019

(3) Enter into an agreement with an enterprise that plans to	100020
purchase and operate a large manufacturing facility that has	100021
ceased operation or announced its intention to cease operation, in	100022
return for exemption for a specified number of years, not to	100023
exceed fifteen, of a specified portion, up to one hundred per	100024
cent, of the assessed value of tangible personal property used in	100025
business at the project site as a result of the agreement, or of	100026
the assessed valuation of real property constituting the project	100027
site, or both.	100028

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	100029
section, the portion of the assessed value of tangible personal	100030
property or of the increase in the assessed valuation of real	100031
property exempted from taxation under those divisions may exceed	100032
seventy-five per cent in any year for which that portion is	100033
exempted if the average percentage exempted for all years in which	100034
the agreement is in effect does not exceed sixty per cent, or if	100035
the board of education of the city, local, or exempted village	100036
school district within the territory of which the property is or	100037
will be located approves a percentage in excess of seventy-five	100038
per cent.	100039

(2) Notwithstanding any provision of the Revised Code to the	100040
contrary, the exemptions described in divisions (C)(1)(a), (b),	100041
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	100042
be for up to fifteen years if the board of education of the city,	100043
local, or exempted village school district within the territory of	100044
which the property is or will be located approves a number of	100045
years in excess of ten.	100046

(3) For the purpose of obtaining the approval of a city,	100047
local, or exempted village school district under division (D)(1)	100048
or (2) of this section, the legislative authority shall deliver to	100049
the board of education a notice not later than forty-five days	100050
prior to approving the agreement, excluding Saturdays, Sundays,	100051
and legal holidays as defined in section 1.14 of the Revised Code.	100052
The notice shall state the percentage to be exempted, an estimate	100053
of the true value of the property to be exempted, and the number	100054
of years the property is to be exempted. The board of education,	100055
by resolution adopted by a majority of the board, shall approve or	100056
disapprove the agreement and certify a copy of the resolution to	100057
the legislative authority not later than fourteen days prior to	100058
the date stipulated by the legislative authority as the date upon	100059
which approval of the agreement is to be formally considered by	100060
the legislative authority. The board of education may include in	100061
the resolution conditions under which the board would approve the	100062
agreement, including the execution of an agreement to compensate	100063
the school district under division (B) of section 5709.82 of the	100064
Revised Code. The legislative authority may approve the agreement	100065
at any time after the board of education certifies its resolution	100066
approving the agreement to the legislative authority, or, if the	100067
board approves the agreement conditionally, at any time after the	100068
conditions are agreed to by the board and the legislative	100069
authority.	100070

If a board of education has adopted a resolution waiving its	100071
right to approve agreements and the resolution remains in effect,	100072
approval of an agreement by the board is not required under this	100073
division. If a board of education has adopted a resolution	100074
allowing a legislative authority to deliver the notice required	100075
under this division fewer than forty-five business days prior to	100076
the legislative authority's approval of the agreement, the	100077
legislative authority shall deliver the notice to the board not	100078
later than the number of days prior to such approval as prescribed	100079
by the board in its resolution. If a board of education adopts a	100080
resolution waiving its right to approve agreements or shortening	100081
the notification period, the board shall certify a copy of the	100082
resolution to the legislative authority. If the board of education	100083
rescinds such a resolution, it shall certify notice of the	100084
rescission to the legislative authority.	100085

(4) The legislative authority shall comply with section	100086
5709.83 of the Revised Code unless the board of education has	100087
adopted a resolution under that section waiving its right to	100088
receive such notice.	100089

(E) This division applies to zones certified by the director	100090
of development under this section prior to July 22, 1994.	100091

On or before October 15, ~~2009~~2010, the legislative authority	100092
that designated a zone to which this division applies may enter	100093
into an agreement with an enterprise if the legislative authority	100094
finds that the enterprise satisfies one of the criteria described	100095
in divisions (E)(1) to (5) of this section:	100096

(1) The enterprise currently has no operations in this state	100097
and, subject to approval of the agreement, intends to establish	100098
operations in the zone;	100099

(2) The enterprise currently has operations in this state	100100
and, subject to approval of the agreement, intends to establish	100101
operations at a new location in the zone that would not result in	100102
a reduction in the number of employee positions at any of the	100103
enterprise's other locations in this state;	100104

(3) The enterprise, subject to approval of the agreement,	100105
intends to relocate operations, currently located in another	100106
state, to the zone;	100107

(4) The enterprise, subject to approval of the agreement,	100108
intends to expand operations at an existing site in the zone that	100109
the enterprise currently operates;	100110

(5) The enterprise, subject to approval of the agreement,	100111
intends to relocate operations, currently located in this state,	100112
to the zone, and the director of development has issued a waiver	100113
for the enterprise under division (B) of section 5709.633 of the	100114
Revised Code.	100115

The agreement shall require the enterprise to agree to	100116
establish, expand, renovate, or occupy a facility in the zone and	100117
hire new employees, or preserve employment opportunities for	100118
existing employees, in return for one or more of the incentives	100119
described in division (C) of this section.	100120

(F) All agreements entered into under this section shall be	100121
in the form prescribed under section 5709.631 of the Revised Code.	100122
After an agreement is entered into under this section, if the	100123
legislative authority revokes its designation of a zone, or if the	100124
director of development revokes a zone's certification, any	100125
entitlements granted under the agreement shall continue for the	100126
number of years specified in the agreement.	100127

(G) Except as otherwise provided in this division, an	100128
agreement entered into under this section shall require that the	100129
enterprise pay an annual fee equal to the greater of one per cent	100130
of the dollar value of incentives offered under the agreement or	100131
five hundred dollars; provided, however, that if the value of the	100132
incentives exceeds two hundred fifty thousand dollars, the fee	100133
shall not exceed two thousand five hundred dollars. The fee shall	100134
be payable to the legislative authority once per year for each	100135
year the agreement is effective on the days and in the form	100136
specified in the agreement. Fees paid shall be deposited in a	100137
special fund created for such purpose by the legislative authority	100138
and shall be used by the legislative authority exclusively for the	100139
purpose of complying with section 5709.68 of the Revised Code and	100140
by the tax incentive review council created under section 5709.85	100141
of the Revised Code exclusively for the purposes of performing the	100142
duties prescribed under that section. The legislative authority	100143
may waive or reduce the amount of the fee charged against an	100144
enterprise, but such a waiver or reduction does not affect the	100145
obligations of the legislative authority or the tax incentive	100146
review council to comply with section 5709.68 or 5709.85 of the	100147
Revised Code.	100148

(H) When an agreement is entered into pursuant to this	100149
section, the legislative authority authorizing the agreement shall	100150
forward a copy of the agreement to the director of development and	100151
to the tax commissioner within fifteen days after the agreement is	100152
entered into. If any agreement includes terms not provided for in	100153
section 5709.631 of the Revised Code affecting the revenue of a	100154
city, local, or exempted village school district or causing	100155
revenue to be foregone by the district, including any compensation	100156
to be paid to the school district pursuant to section 5709.82 of	100157
the Revised Code, those terms also shall be forwarded in writing	100158
to the director of development along with the copy of the	100159
agreement forwarded under this division.	100160

(I) After an agreement is entered into, the enterprise shall	100161
file with each personal property tax return required to be filed,	100162
or annual report required to be filed under section 5727.08 of the	100163
Revised Code, while the agreement is in effect, an informational	100164
return, on a form prescribed by the tax commissioner for that	100165
purpose, setting forth separately the property, and related costs	100166
and values, exempted from taxation under the agreement.	100167

(J) Enterprises may agree to give preference to residents of	100168
the zone within which the agreement applies relative to residents	100169
of this state who do not reside in the zone when hiring new	100170
employees under the agreement.	100171

(K) An agreement entered into under this section may include	100172
a provision requiring the enterprise to create one or more	100173
temporary internship positions for students enrolled in a course	100174
of study at a school or other educational institution in the	100175
vicinity, and to create a scholarship or provide another form of	100176
educational financial assistance for students holding such a	100177
position in exchange for the student's commitment to work for the	100178
enterprise at the completion of the internship.	100179

(L) The tax commissioner's authority in determining the	100180
accuracy of any exemption granted by an agreement entered into	100181
under this section is limited to divisions (C)(1)(a) and (b),	100182
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	100183
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	100184
and, as authorized by law, to enforcing any modification to, or	100185
revocation of, that agreement by the legislative authority of a	100186
municipal corporation or the director of development.	100187

Sec. 5709.63. (A) With the consent of the legislative	100188
authority of each affected municipal corporation or of a board of	100189
township trustees, a board of county commissioners may, in the	100190
manner set forth in section 5709.62 of the Revised Code, designate	100191
one or more areas in one or more municipal corporations or in	100192
unincorporated areas of the county as proposed enterprise zones. A	100193
board of county commissioners may designate no more than one area	100194
within a township, or within adjacent townships, as a proposed	100195
enterprise zone. The board shall petition the director of	100196
development for certification of the area as having the	100197
characteristics set forth in division (A)(1) or (2) of section	100198
5709.61 of the Revised Code as amended by Substitute Senate Bill	100199
No. 19 of the 120th general assembly. Except as otherwise provided	100200
in division (D) of this section, on and after July 1, 1994, boards	100201
of county commissioners shall not enter into agreements under this	100202
section unless the board has petitioned the director and the	100203
director has certified the zone under this section as amended by	100204
that act; however, all agreements entered into under this section	100205
as it existed prior to July 1, 1994, and the incentives granted	100206
under those agreements shall remain in effect for the period	100207
agreed to under those agreements. The director shall make the	100208
determination in the manner provided under section 5709.62 of the	100209
Revised Code.	100210

Any enterprise wishing to enter into an agreement with the	100211
board under division (B) or (D) of this section shall submit a	100212
proposal to the board on the form and accompanied by the	100213
application fee prescribed under division (B) of section 5709.62	100214
of the Revised Code. The enterprise shall review and update the	100215
estimates and listings required by the form in the manner required	100216
under that division. The board may, on a separate form and at any	100217
time, require any additional information necessary to determine	100218
whether an enterprise is in compliance with an agreement and to	100219
collect the information required to be reported under section	100220
5709.68 of the Revised Code.	100221

(B) If the board of county commissioners finds that an	100222
enterprise submitting a proposal is qualified by financial	100223
responsibility and business experience to create and preserve	100224
employment opportunities in the zone and to improve the economic	100225
climate of the municipal corporation or municipal corporations or	100226
the unincorporated areas in which the zone is located and to which	100227
the proposal applies, the board, on or before October 15, ~~2009~~	100228
2010, and with the consent of the legislative authority of each	100229
affected municipal corporation or of the board of township	100230
trustees may do either of the following:	100231

(1) Enter into an agreement with the enterprise under which	100232
the enterprise agrees to establish, expand, renovate, or occupy a	100233
facility in the zone and hire new employees, or preserve	100234
employment opportunities for existing employees, in return for the	100235
following incentives:	100236

(a) When the facility is located in a municipal corporation,	100237
the board may enter into an agreement for one or more of the	100238
incentives provided in division (C) of section 5709.62 of the	100239
Revised Code, subject to division (D) of that section;	100240

(b) When the facility is located in an unincorporated area,	100241
the board may enter into an agreement for one or more of the	100242
following incentives:	100243

(i) Exemption for a specified number of years, not to exceed	100244
fifteen, of a specified portion, up to sixty per cent, of the	100245
assessed value of tangible personal property first used in	100246
business at a project site as a result of the agreement. If an	100247
exemption for inventory is specifically granted in the agreement	100248
pursuant to this division, the exemption applies to inventory	100249
required to be listed pursuant to sections 5711.15 and 5711.16 of	100250
the Revised Code, except, in the instance of an expansion or other	100251
situations in which an enterprise was in business at the facility	100252
prior to the establishment of the zone, the inventory that is	100253
exempt is that amount or value of inventory in excess of the	100254
amount or value of inventory required to be listed in the personal	100255
property tax return of the enterprise in the return for the tax	100256
year in which the agreement is entered into.	100257

(ii) Exemption for a specified number of years, not to exceed	100258
fifteen, of a specified portion, up to sixty per cent, of the	100259
increase in the assessed valuation of real property constituting	100260
the project site subsequent to formal approval of the agreement by	100261
the board;	100262

(iii) Provision for a specified number of years, not to	100263
exceed fifteen, of any optional services or assistance the board	100264
is authorized to provide with regard to the project site;	100265

(iv) The incentive described in division (C)(2) of section	100266
5709.62 of the Revised Code.	100267

(2) Enter into an agreement with an enterprise that plans to	100268
purchase and operate a large manufacturing facility that has	100269
ceased operation or has announced its intention to cease	100270
operation, in return for exemption for a specified number of	100271
years, not to exceed fifteen, of a specified portion, up to one	100272
hundred per cent, of tangible personal property used in business	100273
at the project site as a result of the agreement, or of real	100274
property constituting the project site, or both.	100275

(C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	100276
this section, the portion of the assessed value of tangible	100277
personal property or of the increase in the assessed valuation of	100278
real property exempted from taxation under those divisions may	100279
exceed sixty per cent in any year for which that portion is	100280
exempted if the average percentage exempted for all years in which	100281
the agreement is in effect does not exceed fifty per cent, or if	100282
the board of education of the city, local, or exempted village	100283
school district within the territory of which the property is or	100284
will be located approves a percentage in excess of sixty per cent.	100285

(b) Notwithstanding any provision of the Revised Code to the	100286
contrary, the exemptions described in divisions (B)(1)(b)(i),	100287
(ii), (iii), and (iv) and (B)(2) of this section may be for up to	100288
fifteen years if the board of education of the city, local, or	100289
exempted village school district within the territory of which the	100290
property is or will be located approves a number of years in	100291
excess of ten.	100292

(c) For the purpose of obtaining the approval of a city,	100293
local, or exempted village school district under division	100294
(C)(1)(a) or (b) of this section, the board of county	100295
commissioners shall deliver to the board of education a notice not	100296
later than forty-five days prior to approving the agreement,	100297
excluding Saturdays, Sundays, and legal holidays as defined in	100298
section 1.14 of the Revised Code. The notice shall state the	100299
percentage to be exempted, an estimate of the true value of the	100300
property to be exempted, and the number of years the property is	100301
to be exempted. The board of education, by resolution adopted by a	100302
majority of the board, shall approve or disapprove the agreement	100303
and certify a copy of the resolution to the board of county	100304
commissioners not later than fourteen days prior to the date	100305
stipulated by the board of county commissioners as the date upon	100306
which approval of the agreement is to be formally considered by	100307
the board of county commissioners. The board of education may	100308
include in the resolution conditions under which the board would	100309
approve the agreement, including the execution of an agreement to	100310
compensate the school district under division (B) of section	100311
5709.82 of the Revised Code. The board of county commissioners may	100312
approve the agreement at any time after the board of education	100313
certifies its resolution approving the agreement to the board of	100314
county commissioners, or, if the board of education approves the	100315
agreement conditionally, at any time after the conditions are	100316
agreed to by the board of education and the board of county	100317
commissioners.	100318

If a board of education has adopted a resolution waiving its	100319
right to approve agreements and the resolution remains in effect,	100320
approval of an agreement by the board of education is not required	100321
under division (C) of this section. If a board of education has	100322
adopted a resolution allowing a board of county commissioners to	100323
deliver the notice required under this division fewer than	100324
forty-five business days prior to approval of the agreement by the	100325
board of county commissioners, the board of county commissioners	100326
shall deliver the notice to the board of education not later than	100327
the number of days prior to such approval as prescribed by the	100328
board of education in its resolution. If a board of education	100329
adopts a resolution waiving its right to approve agreements or	100330
shortening the notification period, the board of education shall	100331
certify a copy of the resolution to the board of county	100332
commissioners. If the board of education rescinds such a	100333
resolution, it shall certify notice of the rescission to the board	100334
of county commissioners.	100335

(2) The board of county commissioners shall comply with	100336
section 5709.83 of the Revised Code unless the board of education	100337
has adopted a resolution under that section waiving its right to	100338
receive such notice.	100339

(D) This division applies to zones certified by the director	100340
of development under this section prior to July 22, 1994.	100341

On or before October 15, ~~2009~~2010, and with the consent of	100342
the legislative authority of each affected municipal corporation	100343
or board of township trustees of each affected township, the board	100344
of county commissioners that designated a zone to which this	100345
division applies may enter into an agreement with an enterprise if	100346
the board finds that the enterprise satisfies one of the criteria	100347
described in divisions (D)(1) to (5) of this section:	100348

(1) The enterprise currently has no operations in this state	100349
and, subject to approval of the agreement, intends to establish	100350
operations in the zone;	100351

(2) The enterprise currently has operations in this state	100352
and, subject to approval of the agreement, intends to establish	100353
operations at a new location in the zone that would not result in	100354
a reduction in the number of employee positions at any of the	100355
enterprise's other locations in this state;	100356

(3) The enterprise, subject to approval of the agreement,	100357
intends to relocate operations, currently located in another	100358
state, to the zone;	100359

(4) The enterprise, subject to approval of the agreement,	100360
intends to expand operations at an existing site in the zone that	100361
the enterprise currently operates;	100362

(5) The enterprise, subject to approval of the agreement,	100363
intends to relocate operations, currently located in this state,	100364
to the zone, and the director of development has issued a waiver	100365
for the enterprise under division (B) of section 5709.633 of the	100366
Revised Code.	100367

The agreement shall require the enterprise to agree to	100368
establish, expand, renovate, or occupy a facility in the zone and	100369
hire new employees, or preserve employment opportunities for	100370
existing employees, in return for one or more of the incentives	100371
described in division (B) of this section.	100372

(E) All agreements entered into under this section shall be	100373
in the form prescribed under section 5709.631 of the Revised Code.	100374
After an agreement under this section is entered into, if the	100375
board of county commissioners revokes its designation of a zone,	100376
or if the director of development revokes a zone's certification,	100377
any entitlements granted under the agreement shall continue for	100378
the number of years specified in the agreement.	100379

(F) Except as otherwise provided in this division, an	100380
agreement entered into under this section shall require that the	100381
enterprise pay an annual fee equal to the greater of one per cent	100382
of the dollar value of incentives offered under the agreement or	100383
five hundred dollars; provided, however, that if the value of the	100384
incentives exceeds two hundred fifty thousand dollars, the fee	100385
shall not exceed two thousand five hundred dollars. The fee shall	100386
be payable to the board of county commissioners once per year for	100387
each year the agreement is effective on the days and in the form	100388
specified in the agreement. Fees paid shall be deposited in a	100389
special fund created for such purpose by the board and shall be	100390
used by the board exclusively for the purpose of complying with	100391
section 5709.68 of the Revised Code and by the tax incentive	100392
review council created under section 5709.85 of the Revised Code	100393
exclusively for the purposes of performing the duties prescribed	100394
under that section. The board may waive or reduce the amount of	100395
the fee charged against an enterprise, but such waiver or	100396
reduction does not affect the obligations of the board or the tax	100397
incentive review council to comply with section 5709.68 or 5709.85	100398
of the Revised Code, respectively.	100399

(G) With the approval of the legislative authority of a	100400
municipal corporation or the board of township trustees of a	100401
township in which a zone is designated under division (A) of this	100402
section, the board of county commissioners may delegate to that	100403
legislative authority or board any powers and duties of the board	100404
of county commissioners to negotiate and administer agreements	100405
with regard to that zone under this section.	100406

(H) When an agreement is entered into pursuant to this	100407
section, the board of county commissioners authorizing the	100408
agreement or the legislative authority or board of township	100409
trustees that negotiates and administers the agreement shall	100410
forward a copy of the agreement to the director of development and	100411
to the tax commissioner within fifteen days after the agreement is	100412
entered into. If any agreement includes terms not provided for in	100413
section 5709.631 of the Revised Code affecting the revenue of a	100414
city, local, or exempted village school district or causing	100415
revenue to be foregone by the district, including any compensation	100416
to be paid to the school district pursuant to section 5709.82 of	100417
the Revised Code, those terms also shall be forwarded in writing	100418
to the director of development along with the copy of the	100419
agreement forwarded under this division.	100420

(I) After an agreement is entered into, the enterprise shall	100421
file with each personal property tax return required to be filed,	100422
or annual report that is required to be filed under section	100423
5727.08 of the Revised Code, while the agreement is in effect, an	100424
informational return, on a form prescribed by the tax commissioner	100425
for that purpose, setting forth separately the property, and	100426
related costs and values, exempted from taxation under the	100427
agreement.	100428

(J) Enterprises may agree to give preference to residents of	100429
the zone within which the agreement applies relative to residents	100430
of this state who do not reside in the zone when hiring new	100431
employees under the agreement.	100432

(K) An agreement entered into under this section may include	100433
a provision requiring the enterprise to create one or more	100434
temporary internship positions for students enrolled in a course	100435
of study at a school or other educational institution in the	100436
vicinity, and to create a scholarship or provide another form of	100437
educational financial assistance for students holding such a	100438
position in exchange for the student's commitment to work for the	100439
enterprise at the completion of the internship.	100440

(L) The tax commissioner's authority in determining the	100441
accuracy of any exemption granted by an agreement entered into	100442
under this section is limited to divisions (B)(1)(b)(i) and (ii),	100443
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of	100444
this section as it pertains to divisions (C)(2)(a), (b), and (c)	100445
of section 5709.62 of the Revised Code, and divisions (B)(1) to	100446
(10) of section 5709.631 of the Revised Code and, as authorized by	100447
law, to enforcing any modification to, or revocation of, that	100448
agreement by the board of county commissioners or the director of	100449
development or, if the board's powers and duties are delegated	100450
under division (G) of this section, by the legislative authority	100451
of a municipal corporation or board of township trustees.	100452

Sec. 5709.632. (A)(1) The legislative authority of a	100453
municipal corporation defined by the United States office of	100454
management and budget as a principal city of a metropolitan	100455
statistical area may, in the manner set forth in section 5709.62	100456
of the Revised Code, designate one or more areas in the municipal	100457
corporation as a proposed enterprise zone.	100458

(2) With the consent of the legislative authority of each	100459
affected municipal corporation or of a board of township trustees,	100460
a board of county commissioners may, in the manner set forth in	100461
section 5709.62 of the Revised Code, designate one or more areas	100462
in one or more municipal corporations or in unincorporated areas	100463
of the county as proposed urban jobs and enterprise zones, except	100464
that a board of county commissioners may designate no more than	100465
one area within a township, or within adjacent townships, as a	100466
proposed urban jobs and enterprise zone.	100467

(3) The legislative authority or board of county	100468
commissioners may petition the director of development for	100469
certification of the area as having the characteristics set forth	100470
in division (A)(3) of section 5709.61 of the Revised Code. Within	100471
sixty days after receiving such a petition, the director shall	100472
determine whether the area has the characteristics set forth in	100473
that division and forward the findings to the legislative	100474
authority or board of county commissioners. If the director	100475
certifies the area as having those characteristics and thereby	100476
certifies it as a zone, the legislative authority or board may	100477
enter into agreements with enterprises under division (B) of this	100478
section. Any enterprise wishing to enter into an agreement with a	100479
legislative authority or board of county commissioners under this	100480
section and satisfying one of the criteria described in divisions	100481
(B)(1) to (5) of this section shall submit a proposal to the	100482
legislative authority or board on the form prescribed under	100483
division (B) of section 5709.62 of the Revised Code and shall	100484
review and update the estimates and listings required by the form	100485
in the manner required under that division. The legislative	100486
authority or board may, on a separate form and at any time,	100487
require any additional information necessary to determine whether	100488
an enterprise is in compliance with an agreement and to collect	100489
the information required to be reported under section 5709.68 of	100490
the Revised Code.	100491

(B) Prior to entering into an agreement with an enterprise,	100492
the legislative authority or board of county commissioners shall	100493
determine whether the enterprise submitting the proposal is	100494
qualified by financial responsibility and business experience to	100495
create and preserve employment opportunities in the zone and to	100496
improve the economic climate of the municipal corporation or	100497
municipal corporations or the unincorporated areas in which the	100498
zone is located and to which the proposal applies, and whether the	100499
enterprise satisfies one of the following criteria:	100500

(1) The enterprise currently has no operations in this state	100501
and, subject to approval of the agreement, intends to establish	100502
operations in the zone;	100503

(2) The enterprise currently has operations in this state	100504
and, subject to approval of the agreement, intends to establish	100505
operations at a new location in the zone that would not result in	100506
a reduction in the number of employee positions at any of the	100507
enterprise's other locations in this state;	100508

(3) The enterprise, subject to approval of the agreement,	100509
intends to relocate operations, currently located in another	100510
state, to the zone;	100511

(4) The enterprise, subject to approval of the agreement,	100512
intends to expand operations at an existing site in the zone that	100513
the enterprise currently operates;	100514

(5) The enterprise, subject to approval of the agreement,	100515
intends to relocate operations, currently located in this state,	100516
to the zone, and the director of development has issued a waiver	100517
for the enterprise under division (B) of section 5709.633 of the	100518
Revised Code.	100519

(C) If the legislative authority or board determines that the	100520
enterprise is so qualified and satisfies one of the criteria	100521
described in divisions (B)(1) to (5) of this section, the	100522
legislative authority or board may, after complying with section	100523
5709.83 of the Revised Code and on or before October 15, ~~2009~~	100524
2010, and, in the case of a board of commissioners, with the	100525
consent of the legislative authority of each affected municipal	100526
corporation or of the board of township trustees, enter into an	100527
agreement with the enterprise under which the enterprise agrees to	100528
establish, expand, renovate, or occupy a facility in the zone and	100529
hire new employees, or preserve employment opportunities for	100530
existing employees, in return for the following incentives:	100531

(1) When the facility is located in a municipal corporation,	100532
a legislative authority or board of commissioners may enter into	100533
an agreement for one or more of the incentives provided in	100534
division (C) of section 5709.62 of the Revised Code, subject to	100535
division (D) of that section;	100536

(2) When the facility is located in an unincorporated area, a	100537
board of commissioners may enter into an agreement for one or more	100538
of the incentives provided in divisions (B)(1)(b), (B)(2), and	100539
(B)(3) of section 5709.63 of the Revised Code, subject to division	100540
(C) of that section.	100541

(D) All agreements entered into under this section shall be	100542
in the form prescribed under section 5709.631 of the Revised Code.	100543
After an agreement under this section is entered into, if the	100544
legislative authority or board of county commissioners revokes its	100545
designation of the zone, or if the director of development revokes	100546
the zone's certification, any entitlements granted under the	100547
agreement shall continue for the number of years specified in the	100548
agreement.	100549

(E) Except as otherwise provided in this division, an	100550
agreement entered into under this section shall require that the	100551
enterprise pay an annual fee equal to the greater of one per cent	100552
of the dollar value of incentives offered under the agreement or	100553
five hundred dollars; provided, however, that if the value of the	100554
incentives exceeds two hundred fifty thousand dollars, the fee	100555
shall not exceed two thousand five hundred dollars. The fee shall	100556
be payable to the legislative authority or board of commissioners	100557
once per year for each year the agreement is effective on the days	100558
and in the form specified in the agreement. Fees paid shall be	100559
deposited in a special fund created for such purpose by the	100560
legislative authority or board and shall be used by the	100561
legislative authority or board exclusively for the purpose of	100562
complying with section 5709.68 of the Revised Code and by the tax	100563
incentive review council created under section 5709.85 of the	100564
Revised Code exclusively for the purposes of performing the duties	100565
prescribed under that section. The legislative authority or board	100566
may waive or reduce the amount of the fee charged against an	100567
enterprise, but such waiver or reduction does not affect the	100568
obligations of the legislative authority or board or the tax	100569
incentive review council to comply with section 5709.68 or 5709.85	100570
of the Revised Code, respectively.	100571

(F) With the approval of the legislative authority of a	100572
municipal corporation or the board of township trustees of a	100573
township in which a zone is designated under division (A)(2) of	100574
this section, the board of county commissioners may delegate to	100575
that legislative authority or board any powers and duties of the	100576
board to negotiate and administer agreements with regard to that	100577
zone under this section.	100578

(G) When an agreement is entered into pursuant to this	100579
section, the legislative authority or board of commissioners	100580
authorizing the agreement shall forward a copy of the agreement to	100581
the director of development and to the tax commissioner within	100582
fifteen days after the agreement is entered into. If any	100583
agreement includes terms not provided for in section 5709.631 of	100584
the Revised Code affecting the revenue of a city, local, or	100585
exempted village school district or causing revenue to be foregone	100586
by the district, including any compensation to be paid to the	100587
school district pursuant to section 5709.82 of the Revised Code,	100588
those terms also shall be forwarded in writing to the director of	100589
development along with the copy of the agreement forwarded under	100590
this division.	100591

(H) After an agreement is entered into, the enterprise shall	100592
file with each personal property tax return required to be filed	100593
while the agreement is in effect, an informational return, on a	100594
form prescribed by the tax commissioner for that purpose, setting	100595
forth separately the property, and related costs and values,	100596
exempted from taxation under the agreement.	100597

(I) An agreement entered into under this section may include	100598
a provision requiring the enterprise to create one or more	100599
temporary internship positions for students enrolled in a course	100600
of study at a school or other educational institution in the	100601
vicinity, and to create a scholarship or provide another form of	100602
educational financial assistance for students holding such a	100603
position in exchange for the student's commitment to work for the	100604
enterprise at the completion of the internship.	100605

Sec. 5711.33. (A)(1) When a county treasurer receives a	100606
certificate from a county auditor pursuant to division (A) of	100607
section 5711.32 of the Revised Code charging the treasurer with	100608
the collection of an amount of taxes due as the result of a	100609
deficiency assessment, the treasurer shall immediately prepare and	100610
mail a tax bill to the taxpayer owing such tax. The tax bill shall	100611
contain the name of the taxpayer; the taxable value, tax rate, and	100612
taxes charged for each year being assessed; the total amount of	100613
taxes due; the final date payment may be made without additional	100614
penalty; and any other information the treasurer considers	100615
pertinent or necessary. Taxes due and payable as a result of a	100616
deficiency assessment, less any amount specifically excepted from	100617
collection under division (B) of section 5711.32 of the Revised	100618
Code, shall be paid with interest thereon as prescribed by section	100619
5719.041 of the Revised Code on or before the sixtieth day	100620
following the date of issuance of the certificate by the county	100621
auditor. The balance of taxes found due and payable after a final	100622
determination by the tax commissioner or a final judgment of the	100623
board of tax appeals or any court to which such final judgment may	100624
be appealed shall be paid with interest thereon as prescribed by	100625
section 5719.041 of the Revised Code on or before the sixtieth day	100626
following the date of certification by the auditor to the	100627
treasurer pursuant to division (C) of section 5711.32 of the	100628
Revised Code of such final determination or judgment. Such final	100629
dates for payment shall be determined and exhibited on the tax	100630
bill by the treasurer.	100631

(2) If, on or before the sixtieth day following the date of a	100632
certification of a deficiency assessment under division (A) of	100633
section 5711.32 of the Revised Code or of a certification of a	100634
final determination or judgment under division (C) of section	100635
5711.32 of the Revised Code, the taxpayer pays the full amount of	100636
taxes and interest due at the time of the receipt of certification	100637
with respect to that assessment, determination, or judgment, no	100638
interest shall accrue or be charged with respect to that	100639
assessment, determination, or judgment for the period that begins	100640
on the first day of the month in which the certification is made	100641
and that ends on the last day of the month preceding the month in	100642
which such sixtieth day occurs.	100643

(B) When the taxes charged, as mentioned in division (A) of	100644
this section, are not paid within the time prescribed by such	100645
division, a penalty of ten per cent of the amount due and unpaid	100646
and interest for the period described in division (A)(2) of this	100647
section shall accrue at the time the treasurer closes the	100648
treasurer's office for business on the last day so prescribed, but	100649
if the taxes are paid within ten days subsequent to the last day	100650
prescribed, the treasurer shall waive the collection of and the	100651
auditor shall remit one-half of the penalty. The treasurer shall	100652
not thereafter accept less than the full amount of taxes and	100653
penalty except as otherwise authorized by law. Such penalty shall	100654
be distributed in the same manner and at the same time as the tax	100655
upon which it has accrued. The whole amount collected shall be	100656
included in the next succeeding settlement of appropriate taxes.	100657

(C) When the taxes charged, as mentioned in division (A) of	100658
this section, remain unpaid after the final date for payment	100659
prescribed by such division, such charges shall be deemed to be	100660
delinquent taxes. The county auditor shall cause such charges,	100661
including the penalty that has accrued pursuant to this section,	100662
to be added to the delinquent tax duplicate in accordance with	100663
section 5719.04 of the Revised Code.	100664

(D) The county auditor, upon consultation with the county	100665
treasurer, shall remit a penalty imposed under division (B) of	100666
this section or division ~~(C)~~(D) of section 5719.03 of the Revised	100667
Code for the late payment of taxes when:	100668

(1) The taxpayer could not make timely payment of the tax	100669
because of the negligence or error of the county auditor or county	100670
treasurer in the performance of a statutory duty relating to the	100671
levy or collection of such tax.	100672

(2) In cases other than those described in division (D)(1) of	100673
this section, the taxpayer failed to receive a tax bill or a	100674
correct tax bill, and the taxpayer made a good faith effort to	100675
obtain such bill within thirty days after the last day for payment	100676
of the tax.	100677

(3) The tax was not timely paid because of the death or	100678
serious injury of the taxpayer, or the taxpayer's confinement in a	100679
hospital within sixty days preceding the last day for payment of	100680
the tax if, in any case, the tax was subsequently paid within	100681
sixty days after the last day for payment of such tax.	100682

(4) The taxpayer demonstrates that the full payment was	100683
properly deposited in the mail in sufficient time for the envelope	100684
to be postmarked by the United States postal service on or before	100685
the last day for payment of such tax. A private meter postmark on	100686
an envelope is not a valid postmark for purposes of establishing	100687
the date of payment of such tax.	100688

(5) In cases other than those described in divisions (D)(1)	100689
to (4) of this section, the taxpayer's failure to make timely	100690
payment of the tax is due to reasonable cause and not willful	100691
neglect.	100692

(E) The taxpayer, upon application within sixty days after	100693
the mailing of the county auditor's decision, may request the tax	100694
commissioner to review the denial of the remission of a penalty by	100695
the county auditor. The application may be filed in person or by	100696
certified mail. If the application is filed by certified mail, the	100697
date of the United States postmark placed on the sender's receipt	100698
by the postal service shall be treated as the date of filing. The	100699
commissioner shall consider the application, determine whether the	100700
penalty should be remitted, and certify the determination to the	100701
taxpayer and to the county treasurer and county auditor, who shall	100702
correct the tax list and duplicate accordingly. The commissioner	100703
may issue orders and instructions for the uniform implementation	100704
of this section by all county auditors and county treasurers, and	100705
such orders and instructions shall be followed by such officers.	100706

Sec. 5715.02. The county treasurer, county auditor, and ~~the~~	100707
~~president of~~a member of the board of county commissioners	100708
selected by the board of county commissioners shall constitute the	100709
county board of revision, or they may provide for one or more	100710
hearing boards when they deem the creation of such to be necessary	100711
to the expeditious hearing of valuation complaints. Each such	100712
official may, appoint one qualified employee from ~~his~~the	100713
official's office to serve in ~~his~~the official's place and stead	100714
on each such board for the purpose of hearing complaints as to the	100715
value of real property only, each such hearing board has the same	100716
authority to hear and decide complaints and sign the journal as	100717
the board of revision, and shall proceed in the manner provided	100718
for the board of revision by sections 5715.08 to 5715.20,	100719
~~inclusive,~~ of the Revised Code. Any decision by a hearing board	100720
shall be the decision of the board of revision.	100721

A majority of a county board of revision or hearing board	100722
shall constitute a quorum to hear and determine any complaint, and	100723
any vacancy shall not impair the right of the remaining members of	100724
such board, whether elected officials or appointees, to exercise	100725
all the powers thereof so long as a majority remains.	100726

Each member of a county board of revision or hearing board	100727
may administer oaths.	100728

Sec. 5715.251. The county auditor may appeal to the board of	100729
tax appeals any determination of change in the abstract of real	100730
property of a taxing district in ~~his~~the auditor's county that is	100731
made by the tax commissioner under section 5715.24 of the Revised	100732
Code. The appeal shall be taken within thirty days after receipt	100733
of the statement by the county auditor of the commissioner's	100734
determination by the filing by the county auditor of a notice of	100735
appeal with the board and the commissioner. Such notice of appeal	100736
shall set forth the determination of the commissioner appealed	100737
from and the errors therein complained of. Proof of the filing of	100738
such notice with the commissioner shall be filed with the board.	100739
The board shall have exclusive jurisdiction of the appeal.	100740

In all such appeals the commissioner shall be made appellee.	100741
Unless waived, notice of the appeal shall be served upon the	100742
commissioner by certified mail. The prosecuting attorney shall	100743
represent the county auditor in such an appeal.	100744

The commissioner, upon written demand filed by the county	100745
auditor, shall within thirty days after the filing of such demand	100746
file with the board a certified transcript of the record of the	100747
commissioner's proceedings pertaining to the determination	100748
complained of and the evidence hethe commissioner considered in	100749
making such determination.	100750

If upon hearing and consideration of such record and evidence	100751
the board decides that the determination appealed from is	100752
reasonable and lawful, it shall affirm the same, but if the board	100753
decides that such determination is unreasonable or unlawful, the	100754
board shall reverse and vacate the determination or modify it and	100755
enter final order in accordance with such modification.	100756

The secretary of the board shall ~~certify~~send the order of	100757
the board to the county auditor and to the commissioner, and they	100758
shall take such action in connection therewith as is required to	100759
give effect to the order of the board.	100760

Sec. 5715.26. (A)(1) Upon receiving the statement required	100761
by section 5715.25 of the Revised Code, the county auditor shall	100762
forthwith add to or deduct from each tract, lot, or parcel of real	100763
property or class of real property the required percentage or	100764
amount of the valuation thereof, adding or deducting any sum less	100765
than five dollars so that the value of any separate tract, lot, or	100766
parcel of real property shall be ten dollars or some multiple	100767
thereof.	100768

(2) ~~When he has made~~After making the additions or deductions	100769
required by this section, the auditor shall transmit to the tax	100770
commissioner the appropriate adjusted abstract of the real	100771
property of each taxing district in ~~his~~the auditor's county in	100772
which an adjustment was required.	100773

(3) If the commissioner increases or decreases the aggregate	100774
value of the real property or any class thereof in any county or	100775
taxing district thereof and does not receive within ninety days	100776
thereafter an adjusted abstract conforming to its statement for	100777
such county or taxing district therein, hethe commissioner shall	100778
withhold from such county or taxing district therein fifty per	100779
cent of its share in the distribution of state revenues to local	100780
governments pursuant to sections 5747.50 to 5747.55 of the Revised	100781
Code and shall direct the department of education to withhold	100782
therefrom fifty per cent of state revenues to school districts	100783
pursuant to ~~Chapter~~Chapters 3306. and 3317. of the Revised Code.	100784
The commissioner shall withhold the distribution of such funds	100785
until such county auditor has complied with this division, and the	100786
department shall withhold the distribution of such funds until the	100787
commissioner has notified the department that such county auditor	100788
has complied with this division.	100789

(B)(1) If the commissioner's determination is appealed under	100790
section 5715.251 of the Revised Code, the county auditor,	100791
treasurer, and all other officers shall forthwith proceed with the	100792
levy and collection of the current year's taxes in the manner	100793
prescribed by law. The taxes shall be determined and collected as	100794
if the commissioner had determined under section 5715.24 of the	100795
Revised Code that the real property and the various classes	100796
thereof in the county as shown in the auditor's abstract were	100797
assessed for taxation and the true and agricultural use values	100798
were recorded on the agricultural land tax list as required by	100799
law.	100800

(2) If as a result of the appeal to the board it is finally	100801
determined either that all real property and the various classes	100802
thereof have not been assessed as required by law or that the	100803
values set forth in the agricultural land tax list do not	100804
correctly reflect the true and agricultural use values of the	100805
lands contained therein, the county auditor shall forthwith add to	100806
or deduct from each tract, lot, or parcel of real property or	100807
class of real property the required percentage or amount of the	100808
valuation in accordance with the order of the board or judgment of	100809
the court to which the board's order was appealed, and the taxes	100810
on each tract, lot, or parcel and the percentages required by	100811
section 319.301 of the Revised Code shall be recomputed using the	100812
valuation as finally determined. The order or judgment making the	100813
final determination shall prescribe the time and manner for	100814
collecting, crediting, or refunding the resultant increases or	100815
decreases in taxes.	100816

Sec. 5717.03. (A) A decision of the board of tax appeals on	100817
an appeal filed with it pursuant to section 5717.01, 5717.011, or	100818
5717.02 of the Revised Code shall be entered of record on the	100819
journal together with the date when the order is filed with the	100820
secretary for journalization.	100821

(B) In case of an appeal from a decision of a county board of	100822
revision, the board of tax appeals shall determine the taxable	100823
value of the property whose valuation or assessment by the county	100824
board of revision is complained of, or in the event the complaint	100825
and appeal is against a discriminatory valuation, shall determine	100826
a valuation which shall correct such discrimination, and shall	100827
determine the liability of the property for taxation, if that	100828
question is in issue, and the board of tax ~~appeals's~~appeals'	100829
decision and the date when it was filed with the secretary for	100830
journalization shall be ~~certified~~sent by the board ~~by certified~~	100831
~~mail~~ to all persons who were parties to the appeal before the	100832
board, to the person in whose name the property is listed, or	100833
sought to be listed, if such person is not a party to the appeal,	100834
to the county auditor of the county in which the property involved	100835
in the appeal is located, and to the tax commissioner.	100836

In correcting a discriminatory valuation, the board of tax	100837
appeals shall increase or decrease the value of the property whose	100838
valuation or assessment by the county board of revision is	100839
complained of by a per cent or amount which will cause such	100840
property to be listed and valued for taxation by an equal and	100841
uniform rule.	100842

(C) In the case of an appeal from a review, redetermination,	100843
or correction of a tax assessment, valuation, determination,	100844
finding, computation, or order of the tax commissioner, the order	100845
of the board of tax appeals and the date of the entry thereof upon	100846
its journal shall be ~~certified~~sent by the board ~~by certified mail~~	100847
to all persons who were parties to the appeal before the board,	100848
the person in whose name the property is listed or sought to be	100849
listed, if the decision determines the valuation or liability of	100850
property for taxation and if such person is not a party to the	100851
appeal, the taxpayer or other person to whom notice of the tax	100852
assessment, valuation, determination, finding, computation, or	100853
order, or correction or redetermination thereof, by the tax	100854
commissioner was by law required to be given, the director of	100855
budget and management, if the revenues affected by such decision	100856
would accrue primarily to the state treasury, and the county	100857
auditors of the counties to the undivided general tax funds of	100858
which the revenues affected by such decision would primarily	100859
accrue.	100860

(D) In the case of an appeal from a municipal board of appeal	100861
created under section 718.11 of the Revised Code, the order of the	100862
board of tax appeals and the date of the entry thereof upon the	100863
board's journal shall be ~~certified~~sent by the board ~~by certified~~	100864
~~mail~~ to all persons who were parties to the appeal before the	100865
board.	100866

(E) In the case of all other appeals or applications filed	100867
with and determined by the board, the board's order and the date	100868
when the order was filed by the secretary for journalization shall	100869
be ~~certified~~sent by the board ~~by certified mail~~ to the person who	100870
is a party to such appeal or application, to such persons as the	100871
law requires, and to such other persons as the board deems proper.	100872

(F) The orders of the board may affirm, reverse, vacate,	100873
modify, or remand the tax assessments, valuations, determinations,	100874
findings, computations, or orders complained of in the appeals	100875
determined by the board, and the board's decision shall become	100876
final and conclusive for the current year unless reversed,	100877
vacated, or modified as provided in section 5717.04 of the Revised	100878
Code. When an order of the board becomes final the tax	100879
commissioner and all officers to whom such decision has been	100880
~~certified~~sent shall make the changes in their tax lists or other	100881
records which the decision requires.	100882

(G) If the board finds that issues not raised on the appeal	100883
are important to a determination of a controversy, the board may	100884
remand the cause for an administrative determination and the	100885
issuance of a new tax assessment, valuation, determination,	100886
finding, computation, or order, unless the parties stipulate to	100887
the determination of such other issues without remand. An order	100888
remanding the cause is a final order. If the order relates to any	100889
issue other than a municipal income tax matter appealed under	100890
sections 718.11 and 5717.011 of the Revised Code, the order may be	100891
appealed to the court of appeals in Franklin county. If the order	100892
relates to a municipal income tax matter appealed under sections	100893
718.11 and 5717.011 of the Revised Code, the order may be appealed	100894
to the court of appeals for the county in which the municipal	100895
corporation in which the dispute arose is primarily situated.	100896

Sec. 5717.04. The proceeding to obtain a reversal, vacation,	100897
or modification of a decision of the board of tax appeals shall be	100898
by appeal to the supreme court or the court of appeals for the	100899
county in which the property taxed is situate or in which the	100900
taxpayer resides. If the taxpayer is a corporation, then the	100901
proceeding to obtain such reversal, vacation, or modification	100902
shall be by appeal to the supreme court or to the court of appeals	100903
for the county in which the property taxed is situate, or the	100904
county of residence of the agent for service of process, tax	100905
notices, or demands, or the county in which the corporation has	100906
its principal place of business. In all other instances, the	100907
proceeding to obtain such reversal, vacation, or modification	100908
shall be by appeal to the court of appeals for Franklin county.	100909

Appeals from decisions of the board determining appeals from	100910
decisions of county boards of revision may be instituted by any of	100911
the persons who were parties to the appeal before the board of tax	100912
appeals, by the person in whose name the property involved in the	100913
appeal is listed or sought to be listed, if such person was not a	100914
party to the appeal before the board of tax appeals, or by the	100915
county auditor of the county in which the property involved in the	100916
appeal is located.	100917

Appeals from decisions of the board of tax appeals	100918
determining appeals from final determinations by the tax	100919
commissioner of any preliminary, amended, or final tax	100920
assessments, reassessments, valuations, determinations, findings,	100921
computations, or orders made by the commissioner may be instituted	100922
by any of the persons who were parties to the appeal or	100923
application before the board, by the person in whose name the	100924
property is listed or sought to be listed, if the decision	100925
appealed from determines the valuation or liability of property	100926
for taxation and if any such person was not a party to the appeal	100927
or application before the board, by the taxpayer or any other	100928
person to whom the decision of the board appealed from was by law	100929
required to be ~~certified~~sent, by the director of budget and	100930
management, if the revenue affected by the decision of the board	100931
appealed from would accrue primarily to the state treasury, by the	100932
county auditor of the county to the undivided general tax funds of	100933
which the revenues affected by the decision of the board appealed	100934
from would primarily accrue, or by the tax commissioner.	100935

Appeals from decisions of the board upon all other appeals or	100936
applications filed with and determined by the board may be	100937
instituted by any of the persons who were parties to such appeal	100938
or application before the board, by any persons to whom the	100939
decision of the board appealed from was by law required to be	100940
~~certified~~sent, or by any other person to whom the board ~~certified~~	100941
sent the decision appealed from, as authorized by section 5717.03	100942
of the Revised Code.	100943

Such appeals shall be taken within thirty days after the date	100944
of the entry of the decision of the board on the journal of its	100945
proceedings, as provided by such section, by the filing by	100946
appellant of a notice of appeal with the court to which the appeal	100947
is taken and the board. If a timely notice of appeal is filed by a	100948
party, any other party may file a notice of appeal within ten days	100949
of the date on which the first notice of appeal was filed or	100950
within the time otherwise prescribed in this section, whichever is	100951
later. A notice of appeal shall set forth the decision of the	100952
board appealed from and the errors therein complained of. Proof of	100953
the filing of such notice with the board shall be filed with the	100954
court to which the appeal is being taken. The court in which	100955
notice of appeal is first filed shall have exclusive jurisdiction	100956
of the appeal.	100957

In all such appeals the tax commissioner or all persons to	100958
whom the decision of the board appealed from is required by such	100959
section to be ~~certified~~sent, other than the appellant, shall be	100960
made appellees. Unless waived, notice of the appeal shall be	100961
served upon all appellees by certified mail. The prosecuting	100962
attorney shall represent the county auditor in any such appeal in	100963
which the auditor is a party.	100964

The board, upon written demand filed by an appellant, shall	100965
within thirty days after the filing of such demand file with the	100966
court to which the appeal is being taken a certified transcript of	100967
the record of the proceedings of the board pertaining to the	100968
decision complained of and the evidence considered by the board in	100969
making such decision.	100970

If upon hearing and consideration of such record and evidence	100971
the court decides that the decision of the board appealed from is	100972
reasonable and lawful it shall affirm the same, but if the court	100973
decides that such decision of the board is unreasonable or	100974
unlawful, the court shall reverse and vacate the decision or	100975
modify it and enter final judgment in accordance with such	100976
modification.	100977

The clerk of the court shall certify the judgment of the	100978
court to the board, which shall certify such judgment to such	100979
public officials or take such other action in connection therewith	100980
as is required to give effect to the decision. The "taxpayer"	100981
includes any person required to return any property for taxation.	100982

Any party to the appeal shall have the right to appeal from	100983
the judgment of the court of appeals on questions of law, as in	100984
other cases.	100985

Sec. 5725.18. (A) An annual franchise tax on the privilege	100986
of being an insurance company is hereby levied on each domestic	100987
insurance company. In the month of May, annually, the treasurer of	100988
state shall charge for collection from each domestic insurance	100989
company a franchise tax in the amount computed in accordance with	100990
the following, as applicable:	100991

(1) With respect to a domestic insurance company that is a	100992
health insuring corporation, one per cent of all premium rate	100993
payments received, exclusive of payments received under the	100994
medicare program established under Title XVIII of the "Social	100995
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	100996
~~or pursuant to the medical assistance program established under~~	100997
~~Chapter 5111. of the Revised Code,~~ as reflected in its annual	100998
report for the preceding calendar year;	100999

(2) With respect to a domestic insurance company that is not	101000
a health insuring corporation, one and four-tenths per cent of the	101001
gross amount of premiums received from policies covering risks	101002
within this state, exclusive of premiums received under the	101003
medicare program established under Title XVIII of the "Social	101004
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	101005
~~or pursuant to the medical assistance program established under~~	101006
~~Chapter 5111. of the Revised Code,~~ as reflected in its annual	101007
statement for the preceding calendar year, and, if the company	101008
operates a health insuring corporation as a line of business, one	101009
per cent of all premium rate payments received from that line of	101010
business, exclusive of payments received under the medicare	101011
program established under Title XVIII of the "Social Security	101012
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or	101013
~~pursuant to the medical assistance program established under~~	101014
~~Chapter 5111. of the Revised Code,~~ as reflected in its annual	101015
statement for the preceding calendar year.	101016

(B) The gross amount of premium rate payments or premiums	101017
used to compute the applicable tax in accordance with division (A)	101018
of this section is subject to the deductions prescribed by section	101019
5729.03 of the Revised Code for foreign insurance companies. The	101020
objects of such tax are those declared in section 5725.24 of the	101021
Revised Code, to which only such tax shall be applied.	101022

(C) In no case shall such tax be less than two hundred fifty	101023
dollars.	101024

Sec. 5725.33. (A) Except as otherwise provided in this	101025
section, terms used in this section have the same meaning as	101026
section 45D of the Internal Revenue Code, any related proposed,	101027
temporary or final regulations promulgated under the Internal	101028
Revenue Code, any rules or guidance of the internal revenue	101029
service or the United States department of the treasury, and any	101030
related rules or guidance issued by the community development	101031
financial institutions fund of the United States department of the	101032
treasury.	101033

As used in this section:

101034

(1) "Adjusted purchase price" means the amount paid for	101035
qualified equity investments multiplied by the qualified	101036
low-income community investments made by the issuer in projects	101037
located in this state as a percentage of the total amount of	101038
qualified low-income community investments made by the issuer in	101039
projects located in all states on the credit allowance date	101040
during the applicable tax year, subject to divisions (B)(1) and	101041
(2) of this section.	101042

(2) "Applicable percentage" means zero per cent for each of	101043
the first two credit allowance dates, seven per cent for the third	101044
credit allowance date, and eight per cent for the four following	101045
credit allowance dates.	101046

(3) "Credit allowance date" means the date, on or after	101047
January 1, 2010, a qualified equity investment is made and each	101048
of the six anniversary dates thereafter. For qualified equity	101049
investments made after the effective date of this section but	101050
before January 1, 2010, the initial credit allowance date is	101051
January 1, 2010, and each of the six anniversary dates thereafter	101052
is on the first day of January of each year.	101053

(4) "Long-term debt security" means any debt instrument	101054
issued by a qualified community development entity, at par value	101055
or a premium, with an original maturity date at least seven years	101056
after the date of its issuance. The debt instrument shall not	101057
provide for acceleration of repayment, amortization, or prepayment	101058
features prior to its original maturity date, or for distribution,	101059
payment, or interest features related to profitability of the	101060
qualified community development entity or the performance of the	101061
qualified community development entity's investment portfolio,	101062
except for provisions permitting the instrument's holder to	101063
accelerate payments on the instrument if the issuer defaults on	101064
covenants designed to ensure compliance with this section or	101065
section 45D of the Internal Revenue Code.	101066

(5) "Qualified active low-income community business" excludes	101067
any business that derives or projects to derive fifteen per cent	101068
or more of annual revenue from the rental or sale of real	101069
property, except any business that is a special purpose entity	101070
principally owned by a principal user of that property formed	101071
solely for the purpose of renting, either directly or indirectly,	101072
or selling real property back to such principal user if such	101073
principal user does not derive fifteen per cent or more of its	101074
gross annual revenue from the rental or sale of real property.	101075

(6) "Qualified community development entity" includes only	101076
entities:	101077

(a) That have entered into an allocation agreement with the	101078
community development financial institutions fund of the United	101079
States department of the treasury with respect to credits	101080
authorized by section 45D of the Internal Revenue Code;	101081

(b) Whose service area includes any portion of this state;	101082
and	101083

(c) That will designate an equity investment in such entities	101084
as a qualified equity investment for purposes of both section 45D	101085
of the Internal Revenue Code and this section.	101086

(7) "Qualified equity investment" is limited to an equity	101087
investment in, or long-term debt security issued by, a qualified	101088
community development entity that:	101089

(a) Is acquired after the effective date of the enactment of	101090
this section at its original issuance solely in exchange for	101091
cash;	101092

(b) Has at least eighty-five per cent of its cash purchase	101093
price used by the qualified community development entity to make	101094
qualified low-income community investments, provided that in the	101095
seventh year after a qualified equity investment is made, only	101096
seventy-five per cent of such cash purchase price must be used by	101097
the qualified community development entity to make qualified	101098
low-income community investments; and	101099

(c) Is designated by the issuer as a qualified equity	101100
investment.	101101

"Qualified equity investment" includes any equity investment	101102
that would, but for division (A)(7)(a) of this section, be a	101103
qualified equity investment in the hands of the taxpayer if such	101104
investment was a qualified equity investment in the hands of a	101105
prior holder.	101106

(B) There is hereby allowed a nonrefundable credit against	101107
the tax imposed by section 5725.18 of the Revised Code for an	101108
insurance company holding a qualified equity investment on the	101109
credit allowance date occurring in the calendar year for which the	101110
tax is due. The credit shall equal the applicable percentage of	101111
the adjusted purchase price of qualified low-income community	101112
investments, subject to divisions (B)(1) and (2) of this section:	101113

(1) For the purpose of calculating the amount of qualified	101114
low-income community investments held by a qualified community	101115
development entity, an investment shall be considered held by a	101116
qualified community development entity even if the investment has	101117
been sold or repaid, provided that, at any time before the seventh	101118
anniversary of the issuance of the qualified equity investment,	101119
the qualified community development entity reinvests an amount	101120
equal to the capital returned to or received or recovered by the	101121
qualified community development entity from the original	101122
investment, exclusive of any profits realized and costs incurred	101123
in the sale or repayment, in another qualified low-income	101124
community investment within twelve months of the receipt of such	101125
capital. If the qualified low-income community investment is sold	101126
or repaid after the sixth anniversary of the issuance of the	101127
qualified equity investment, the qualified low-income community	101128
investment shall be considered held by the qualfied community	101129
development entity through the seventh anniversary of the	101130
qualified equity investment's issuance.	101131

(2) The qualified low-income community investment made in	101132
this state shall equal the sum of the qualified low-income	101133
community investments in each qualified active low-income	101134
community business in this state, not to exceed two million five	101135
hundred sixty-four thousand dollars, in which the qualified	101136
community development entity invests, including such investments	101137
in any such businesses in this state related to that qualified	101138
active low-income community business through majority ownership	101139
or control.	101140

The credit shall be claimed in the order prescribed by	101141
section 5725.98 of the Revised Code. If the amount of the credit	101142
exceeds the amount of tax otherwise due after deducting all other	101143
credits in that order, the excess may be carried forward and	101144
applied to the tax due for not more than four ensuing years.	101145

By claiming a tax credit under this section, an insurance	101146
company waives its rights under section 5725.222 of the Revised	101147
Code with respect to the time limitation for the assessment of	101148
taxes as it relates to credits claimed that later become subject	101149
to recapture under division (E) of this section.	101150

(C) The amount of qualified equity investments on the basis	101151
of which credits may be claimed under this section and sections	101152
5729.16 and 5733.58 of the Revised Code shall not exceed the	101153
amount, estimated by the director of development, that would	101154
cause the total amount of credits allowed each fiscal year to	101155
exceed ten million dollars, computed without regard to the	101156
potential for taxpayers to carry tax credits forward to later	101157
years.	101158

(D) If any amount of the federal tax credit allowed for a	101159
qualified equity investment for which a credit was received under	101160
this section is recaptured under section 45D of the Internal	101161
Revenue Code, or if the director of development determines that an	101162
investment for which a tax credit is claimed under this section is	101163
not a qualified equity investment or that the proceeds of an	101164
investment for which a tax credit is claimed under this section	101165
are used to make qualified low-income community investments other	101166
than in a qualified active low-income community business, all or a	101167
portion of the credit received on account of that investment	101168
shall be paid by the insurance company that received the credit	101169
to the superintendent of insurance. The amount to be recovered	101170
shall be determined by the director of development pursuant to	101171
rules adopted under division (E) of this section. The director	101172
shall certify any amount due under this division to the	101173
superintendent of insurance, and the superintendent shall notify	101174
the treasurer of state of the amount due. Upon notification, the	101175
treasurer shall invoice the insurance company for the amount due.	101176
The amount due is payable not later than thirty days after the	101177
date the treasurer invoices the insurance company. The amount due	101178
shall be considered to be tax due under section 5725.18 of the	101179
Revised Code, and may be collected by assessment without regard	101180
to the time limitations imposed under section 5725.222 of the	101181
Revised Code for the assessment of taxes by the superintendent.	101182
All amounts collected under this division shall be credited as	101183
revenue from the tax levied under section 5725.18 of the Revised	101184
Code.	101185

(E) The tax credits authorized under this section and	101186
sections 5729.16 and 5733.58 of the Revised Code shall be	101187
administered by the department of development. The director of	101188
development, in consultation with the tax commissioner and the	101189
superintendent of insurance, pursuant to Chapter 119. of the	101190
Revised Code, shall adopt rules for the administration of this	101191
section and sections 5729.16 and 5733.58 of the Revised Code. The	101192
rules shall provide for determining the recovery of credits under	101193
division (D) of this section, division (D) of section 5729.16,	101194
and section 5733.58 of the Revised Code, including prorating the	101195
amount of the credit to be recovered on any reasonable basis, the	101196
manner in which credits may be allocated among claimants, and the	101197
amount of any application or other fees to be charged in	101198
connection with a recovery.	101199

(F) There is hereby created in the state treasury the new	101200
markets tax credit operating fund. The director of development is	101201
authorized to charge reasonable application and other fees in	101202
connection with the administration of tax credits authorized by	101203
this section and sections 5729.16 and 5733.58 of the Revised Code.	101204
Any such fees collected shall be credited to the fund. The	101205
director of development shall use money in the fund to pay	101206
expenses related to the administration of tax credits authorized	101207
under sections 5725.33, 5729.16, and 5733.58 of the Revised Code.	101208

Sec. 5725.98. (A) To provide a uniform procedure for	101209
calculating the amount of tax imposed by section 5725.18 of the	101210
Revised Code that is due under this chapter, a taxpayer shall	101211
claim any credits and offsets against tax liability to which it is	101212
entitled in the following order:	101213

(1) The credit for an insurance company or insurance company	101214
group under section 5729.031 of the Revised Code.	101215

(2) The credit for eligible employee training costs under	101216
section 5725.31 of the Revised Code.	101217

(3) The credit for purchasers of qualified low-income	101218
community investments under section 5725.33 of the Revised Code;	101219

(4) The job retention credit under section 122.171 of the	101220
Revised Code;	101221

(5) The offset of assessments by the Ohio life and health	101222
insurance guaranty association permitted by section 3956.20 of the	101223
Revised Code.	101224

~~(4)~~(6) The refundable credit for Ohio job creation under	101225
section 5725.32 of the Revised Code.	101226

~~(5)~~(7) The refundable credit under section ~~5729.08~~5725.19 of	101227
the Revised Code for losses on loans made under the Ohio venture	101228
capital program under sections 150.01 to 150.10 of the Revised	101229
Code.	101230

(B) For any credit except the credits enumerated in divisions	101231
(A)~~(4)~~(6) and ~~(5)~~(7) of this section, the amount of the credit for	101232
a taxable year shall not exceed the tax due after allowing for any	101233
other credit that precedes it in the order required under this	101234
section. Any excess amount of a particular credit may be carried	101235
forward if authorized under the section creating that credit.	101236
Nothing in this chapter shall be construed to allow a taxpayer to	101237
claim, directly or indirectly, a credit more than once for a	101238
taxable year.	101239

Sec. 5727.84. (A) As used in this section and sections	101240
5727.85, 5727.86, and 5727.87 of the Revised Code:	101241

(1) "School district" means a city, local, or exempted	101242
village school district.	101243

(2) "Joint vocational school district" means a joint	101244
vocational school district created under section 3311.16 of the	101245
Revised Code, and includes a cooperative education school district	101246
created under section 3311.52 or 3311.521 of the Revised Code and	101247
a county school financing district created under section 3311.50	101248
of the Revised Code.	101249

(3) "Local taxing unit" means a subdivision or taxing unit,	101250
as defined in section 5705.01 of the Revised Code, a park district	101251
created under Chapter 1545. of the Revised Code, or a township	101252
park district established under section 511.23 of the Revised	101253
Code, but excludes school districts and joint vocational school	101254
districts.	101255

(4) "State education aid," for a school district, means the	101256
following:	101257

(a) For fiscal years prior to fiscal year 2010, the sum of	101258
state aid amounts computed for the district under divisions (A),	101259
(C)(1), (C)(4), (D), (E), and (F) of section 3317.022; divisions	101260
(B), (C), and (D) of section 3317.023; divisions (G), (L), and	101261
(N) of section 3317.024; and sections 3317.029, 3317.0216,	101262
3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the	101263
Revised Code; and the adjustments required by: division (C) of	101264
section 3310.08; division (C)(2) of section 3310.41; division (C)	101265
of section 3314.08, as that section existed for that fiscal year;	101266
division (D)(2) of section 3314.091; division (D) of former	101267
section 3314.13; divisions (E), (K), (L), (M), and (N) of	101268
section 3317.023; division (C) of section 3317.20; and	101269
sections 3313.979 and 3313.981 of the Revised Code. However,	101270
when calculating state education aid for a school district for	101271
fiscal years 2008 and 2009, include the amount computed for	101272
the district under Section 269.20.80 of H.B. 119 of the 127th	101273
general assembly, as subsequently amended, instead of division	101274
(D) of section 3317.022 of the Revised Code; and include	101275
amounts calculated under Section 269.30.80 of ~~this act~~H.B.	101276
119 of the 127th General Assembly, as subsequently amended~~; and~~	101277
~~account for adjustments under division (C)(2) of section 3310.41~~	101278
~~of the Revised Code~~.	101279

(b) For fiscal year 2010 and for each fiscal year thereafter,	101280
the sum of the amounts computed for the district under sections	101281
3306.052, 3306.12, 3306.13, 3306.19, and 3306.192; division (G) of	101282
section 3317.024; sections 3317.05, 3317.052, and 3317.053 of	101283
the Revised Code; and the adjustments required by division	101284
(C)(2) of section 3310.41; division (D)(2) of section 3314.091;	101285
divisions (E), (K), (L), (M), and (N) of section 3317.023;	101286
division (C) of section 3317.20; and section 3313.979 of the	101287
Revised Code.	101288

(5) "State education aid," for a joint vocational school	101289
district, means the following:	101290

(a) For fiscal years prior to fiscal year 2010, the sum of	101291
the state aid amounts computed for the district under division	101292
(N) of section 3317.024 and section 3317.16 of the Revised Code.	101293
However, when calculating state education aid for a joint	101294
vocational school district for fiscal years 2008 and 2009,	101295
include the amount computed for the district under Section	101296
269.30.90 of H.B. 119 of the 127th general assembly, as	101297
subsequently amended.	101298

(b) For fiscal years 2010 and 2011, the amount computed for	101299
the district in accordance with the section of this act entitled	101300
"FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS".	101301

(6) "State education aid offset" means the amount determined	101302
for each school district or joint vocational school district under	101303
division (A)(1) of section 5727.85 of the Revised Code.	101304

(7) "Recognized valuation" has the same meaning as in section	101305
3317.02 of the Revised Code.	101306

(8) "Electric company tax value loss" means the amount	101307
determined under division (D) of this section.	101308

(9) "Natural gas company tax value loss" means the amount	101309
determined under division (E) of this section.	101310

(10) "Tax value loss" means the sum of the electric company	101311
tax value loss and the natural gas company tax value loss.	101312

(11) "Fixed-rate levy" means any tax levied on property other	101313
than a fixed-sum levy.	101314

(12) "Fixed-rate levy loss" means the amount determined under	101315
division (G) of this section.	101316

(13) "Fixed-sum levy" means a tax levied on property at	101317
whatever rate is required to produce a specified amount of tax	101318
money or levied in excess of the ten-mill limitation to pay debt	101319
charges, and includes school district emergency levies imposed	101320
pursuant to section 5705.194 of the Revised Code.	101321

(14) "Fixed-sum levy loss" means the amount determined under	101322
division (H) of this section.	101323

(15) "Consumer price index" means the consumer price index	101324
(all items, all urban consumers) prepared by the bureau of labor	101325
statistics of the United States department of labor.	101326

(B) The kilowatt-hour tax receipts fund is hereby created in	101327
the state treasury and shall consist of money arising from the tax	101328
imposed by section 5727.81 of the Revised Code. All money in the	101329
kilowatt-hour tax receipts fund shall be credited as follows:	101330

(1) Sixty-three per cent shall be credited to the general	101331
revenue fund.	101332

(2) Twenty-five and four-tenths per cent shall be credited to	101333
the school district property tax replacement fund, which is hereby	101334
created in the state treasury for the purpose of making the	101335
payments described in section 5727.85 of the Revised Code.	101336

(3) Eleven and six-tenths per cent shall be credited to the	101337
local government property tax replacement fund, which is hereby	101338
created in the state treasury for the purpose of making the	101339
payments described in section 5727.86 of the Revised Code.	101340

(C) The natural gas tax receipts fund is hereby created in	101341
the state treasury and shall consist of money arising from the tax	101342
imposed by section 5727.811 of the Revised Code. All money in the	101343
fund shall be credited as follows:	101344

(1) Sixty-eight and seven-tenths per cent shall be credited	101345
to the school district property tax replacement fund for the	101346
purpose of making the payments described in section 5727.85 of the	101347
Revised Code.	101348

(2) Thirty-one and three-tenths per cent shall be credited to	101349
the local government property tax replacement fund for the purpose	101350
of making the payments described in section 5727.86 of the Revised	101351
Code.	101352

(D) Not later than January 1, 2002, the tax commissioner	101353
shall determine for each taxing district its electric company tax	101354
value loss, which is the sum of the applicable amounts described	101355
in divisions (D)(1) to (4) of this section:	101356

(1) The difference obtained by subtracting the amount	101357
described in division (D)(1)(b) from the amount described in	101358
division (D)(1)(a) of this section.	101359

(a) The value of electric company and rural electric company	101360
tangible personal property as assessed by the tax commissioner for	101361
tax year 1998 on a preliminary assessment, or an amended	101362
preliminary assessment if issued prior to March 1, 1999, and as	101363
apportioned to the taxing district for tax year 1998;	101364

(b) The value of electric company and rural electric company	101365
tangible personal property as assessed by the tax commissioner for	101366
tax year 1998 had the property been apportioned to the taxing	101367
district for tax year 2001, and assessed at the rates in effect	101368
for tax year 2001.	101369

(2) The difference obtained by subtracting the amount	101370
described in division (D)(2)(b) from the amount described in	101371
division (D)(2)(a) of this section.	101372

(a) The three-year average for tax years 1996, 1997, and 1998	101373
of the assessed value from nuclear fuel materials and assemblies	101374
assessed against a person under Chapter 5711. of the Revised Code	101375
from the leasing of them to an electric company for those	101376
respective tax years, as reflected in the preliminary assessments;	101377

(b) The three-year average assessed value from nuclear fuel	101378
materials and assemblies assessed under division (D)(2)(a) of this	101379
section for tax years 1996, 1997, and 1998, as reflected in the	101380
preliminary assessments, using an assessment rate of twenty-five	101381
per cent.	101382

(3) In the case of a taxing district having a nuclear power	101383
plant within its territory, any amount, resulting in an electric	101384
company tax value loss, obtained by subtracting the amount	101385
described in division (D)(1) of this section from the difference	101386
obtained by subtracting the amount described in division (D)(3)(b)	101387
of this section from the amount described in division (D)(3)(a) of	101388
this section.	101389

(a) The value of electric company tangible personal property	101390
as assessed by the tax commissioner for tax year 2000 on a	101391
preliminary assessment, or an amended preliminary assessment if	101392
issued prior to March 1, 2001, and as apportioned to the taxing	101393
district for tax year 2000;	101394

(b) The value of electric company tangible personal property	101395
as assessed by the tax commissioner for tax year 2001 on a	101396
preliminary assessment, or an amended preliminary assessment if	101397
issued prior to March 1, 2002, and as apportioned to the taxing	101398
district for tax year 2001.	101399

(4) In the case of a taxing district having a nuclear power	101400
plant within its territory, the difference obtained by subtracting	101401
the amount described in division (D)(4)(b) of this section from	101402
the amount described in division (D)(4)(a) of this section,	101403
provided that such difference is greater than ten per cent of the	101404
amount described in division (D)(4)(a) of this section.	101405

(a) The value of electric company tangible personal property	101406
as assessed by the tax commissioner for tax year 2005 on a	101407
preliminary assessment, or an amended preliminary assessment if	101408
issued prior to March 1, 2006, and as apportioned to the taxing	101409
district for tax year 2005;	101410

(b) The value of electric company tangible personal property	101411
as assessed by the tax commissioner for tax year 2006 on a	101412
preliminary assessment, or an amended preliminary assessment if	101413
issued prior to March 1, 2007, and as apportioned to the taxing	101414
district for tax year 2006.	101415

(E) Not later than January 1, 2002, the tax commissioner	101416
shall determine for each taxing district its natural gas company	101417
tax value loss, which is the sum of the amounts described in	101418
divisions (E)(1) and (2) of this section:	101419

(1) The difference obtained by subtracting the amount	101420
described in division (E)(1)(b) from the amount described in	101421
division (E)(1)(a) of this section.	101422

(a) The value of all natural gas company tangible personal	101423
property, other than property described in division (E)(2) of this	101424
section, as assessed by the tax commissioner for tax year 1999 on	101425
a preliminary assessment, or an amended preliminary assessment if	101426
issued prior to March 1, 2000, and apportioned to the taxing	101427
district for tax year 1999;	101428

(b) The value of all natural gas company tangible personal	101429
property, other than property described in division (E)(2) of this	101430
section, as assessed by the tax commissioner for tax year 1999 had	101431
the property been apportioned to the taxing district for tax year	101432
2001, and assessed at the rates in effect for tax year 2001.	101433

(2) The difference in the value of current gas obtained by	101434
subtracting the amount described in division (E)(2)(b) from the	101435
amount described in division (E)(2)(a) of this section.	101436

(a) The three-year average assessed value of current gas as	101437
assessed by the tax commissioner for tax years 1997, 1998, and	101438
1999 on a preliminary assessment, or an amended preliminary	101439
assessment if issued prior to March 1, 2001, and as apportioned in	101440
the taxing district for those respective years;	101441

(b) The three-year average assessed value from current gas	101442
under division (E)(2)(a) of this section for tax years 1997, 1998,	101443
and 1999, as reflected in the preliminary assessment, using an	101444
assessment rate of twenty-five per cent.	101445

(F) The tax commissioner may request that natural gas	101446
companies, electric companies, and rural electric companies file a	101447
report to help determine the tax value loss under divisions (D)	101448
and (E) of this section. The report shall be filed within thirty	101449
days of the commissioner's request. A company that fails to file	101450
the report or does not timely file the report is subject to the	101451
penalty in section 5727.60 of the Revised Code.	101452

(G) Not later than January 1, 2002, the tax commissioner	101453
shall determine for each school district, joint vocational school	101454
district, and local taxing unit its fixed-rate levy loss, which is	101455
the sum of its electric company tax value loss multiplied by the	101456
tax rate in effect in tax year 1998 for fixed-rate levies and its	101457
natural gas company tax value loss multiplied by the tax rate in	101458
effect in tax year 1999 for fixed-rate levies.	101459

(H) Not later than January 1, 2002, the tax commissioner	101460
shall determine for each school district, joint vocational school	101461
district, and local taxing unit its fixed-sum levy loss, which is	101462
the amount obtained by subtracting the amount described in	101463
division (H)(2) of this section from the amount described in	101464
division (H)(1) of this section:	101465

(1) The sum of the electric company tax value loss multiplied	101466
by the tax rate in effect in tax year 1998, and the natural gas	101467
company tax value loss multiplied by the tax rate in effect in tax	101468
year 1999, for fixed-sum levies for all taxing districts within	101469
each school district, joint vocational school district, and local	101470
taxing unit. For the years 2002 through 2006, this computation	101471
shall include school district emergency levies that existed in	101472
1998 in the case of the electric company tax value loss, and 1999	101473
in the case of the natural gas company tax value loss, and all	101474
other fixed-sum levies that existed in 1998 in the case of the	101475
electric company tax value loss and 1999 in the case of the	101476
natural gas company tax value loss and continue to be charged in	101477
the tax year preceding the distribution year. For the years 2007	101478
through 2016 in the case of school district emergency levies, and	101479
for all years after 2006 in the case of all other fixed-sum	101480
levies, this computation shall exclude all fixed-sum levies that	101481
existed in 1998 in the case of the electric company tax value loss	101482
and 1999 in the case of the natural gas company tax value loss,	101483
but are no longer in effect in the tax year preceding the	101484
distribution year. For the purposes of this section, an emergency	101485
levy that existed in 1998 in the case of the electric company tax	101486
value loss, and 1999 in the case of the natural gas company tax	101487
value loss, continues to exist in a year beginning on or after	101488
January 1, 2007, but before January 1, 2017, if, in that year, the	101489
board of education levies a school district emergency levy for an	101490
annual sum at least equal to the annual sum levied by the board in	101491
tax year 1998 or 1999, respectively, less the amount of the	101492
payment certified under this division for 2002.	101493

(2) The total taxable value in tax year 1999 less the tax	101494
value loss in each school district, joint vocational school	101495
district, and local taxing unit multiplied by one-fourth of one	101496
mill.	101497

If the amount computed under division (H) of this section for	101498
any school district, joint vocational school district, or local	101499
taxing unit is greater than zero, that amount shall equal the	101500
fixed-sum levy loss reimbursed pursuant to division (E) of section	101501
5727.85 of the Revised Code or division (A)(2) of section 5727.86	101502
of the Revised Code, and the one-fourth of one mill that is	101503
subtracted under division (H)(2) of this section shall be	101504
apportioned among all contributing fixed-sum levies in the	101505
proportion of each levy to the sum of all fixed-sum levies within	101506
each school district, joint vocational school district, or local	101507
taxing unit.	101508

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	101509
section, in computing the tax value loss, fixed-rate levy loss,	101510
and fixed-sum levy loss, the tax commissioner shall use the	101511
greater of the 1998 tax rate or the 1999 tax rate in the case of	101512
levy losses associated with the electric company tax value loss,	101513
but the 1999 tax rate shall not include for this purpose any tax	101514
levy approved by the voters after June 30, 1999, and the tax	101515
commissioner shall use the greater of the 1999 or the 2000 tax	101516
rate in the case of levy losses associated with the natural gas	101517
company tax value loss.	101518

(J) Not later than January 1, 2002, the tax commissioner	101519
shall certify to the department of education the tax value loss	101520
determined under divisions (D) and (E) of this section for each	101521
taxing district, the fixed-rate levy loss calculated under	101522
division (G) of this section, and the fixed-sum levy loss	101523
calculated under division (H) of this section. The calculations	101524
under divisions (G) and (H) of this section shall separately	101525
display the levy loss for each levy eligible for reimbursement.	101526

(K) Not later than September 1, 2001, the tax commissioner	101527
shall certify the amount of the fixed-sum levy loss to the county	101528
auditor of each county in which a school district with a fixed-sum	101529
levy loss has territory.	101530

Sec. 5728.12. Any non-resident of this state who accepts the	101531
privilege extended by the laws of this state to non-residents of	101532
operating a commercial car or commercial tractor, which is subject	101533
to the tax levied in section 5728.06 of the Revised Code, or of	101534
having the same operated within this state, and any resident of	101535
this state who operates a commercial car or commercial tractor,	101536
which is subject to the tax levied in section 5728.06 of the	101537
Revised Code, or has the same operated within this state and	101538
subsequently becomes a non-resident or conceals ~~his~~the person's	101539
whereabouts, makes the secretary of state of the state of Ohio ~~his~~	101540
the person's agent for the service of process or notice in any	101541
assessment, action or proceeding instituted in this state against	101542
such person out of the failure to pay the taxes imposed ~~upon him~~	101543
by the provisions of section 5728.06 of the Revised Code.	101544

Such process or notice shall be served~~, by the officer to~~	101545
~~whom the same is directed or by the tax commissioner, or by the~~	101546
~~sheriff of Franklin county, who may be deputized for such purpose~~	101547
~~by the officer to whom the service is directed, upon the secretary~~	101548
~~of state by leaving at the office of the secretary of state, at~~	101549
~~least fifteen days before the return day of such process or~~	101550
~~notice, a true and attested copy thereof, and by sending to the~~	101551
~~defendant by registered or certified mail, postage prepaid, a like~~	101552
~~and true attested copy, with an endorsement thereon of the service~~	101553
~~upon said secretary of state, addressed to such defendant at his~~	101554
~~last known address. The registered or certified mail return~~	101555
~~receipt of such defendant shall be attached to and made a part of~~	101556
~~the return of such service of process~~as provided under section	101557
5703.37 of the Revised Code.	101558

Sec. 5729.03. (A) If the superintendent of insurance finds	101559
the annual statement required by section 5729.02 of the Revised	101560
Code to be correct, the superintendent shall compute the following	101561
amount, as applicable, of the balance of such gross amount, after	101562
deducting such return premiums and considerations received for	101563
reinsurance, and charge such amount to such company as a tax upon	101564
the business done by it in this state for the period covered by	101565
such annual statement:	101566

(1) If the company is a health insuring corporation, one per	101567
cent of the balance of premium rate payments received, exclusive	101568
of payments received under the medicare program established under	101569
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	101570
U.S.C.A. 301, as amended, ~~or pursuant to the medical assistance~~	101571
~~program established under Chapter 5111. of the Revised Code,~~ as	101572
reflected in its annual report;	101573

(2) If the company is not a health insuring corporation, one	101574
and four-tenths per cent of the balance of premiums received,	101575
exclusive of premiums received under the medicare program	101576
established under Title XVIII of the "Social Security Act," 49	101577
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, ~~or pursuant to the~~	101578
~~medical assistance program established under Chapter 5111. of the~~	101579
~~Revised Code,~~ as reflected in its annual statement, and, if the	101580
company operates a health insuring corporation as a line of	101581
business, one per cent of the balance of premium rate payments	101582
received from that line of business, exclusive of payments	101583
received under the medicare program established under Title XVIII	101584
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	101585
301, as amended, ~~or pursuant to the medical assistance program~~	101586
~~established under Chapter 5111. of the Revised Code,~~ as reflected	101587
in its annual statement.	101588

(B) Any insurance policies that were not issued in violation	101589
of Title XXXIX of the Revised Code and that were issued prior to	101590
April 15, 1967, by a life insurance company organized and operated	101591
without profit to any private shareholder or individual,	101592
exclusively for the purpose of aiding educational or scientific	101593
institutions organized and operated without profit to any private	101594
shareholder or individual, are not subject to the tax imposed by	101595
this section. All taxes collected pursuant to this section shall	101596
be credited to the general revenue fund.	101597

(C) In no case shall the tax imposed under this section be	101598
less than two hundred fifty dollars.	101599

Sec. 5729.16. (A) Terms used in this section have the same	101600
meaning as in section 5725.33 of the Revised Code.	101601

(B) There is hereby allowed a nonrefundable credit against	101602
the tax imposed by section 5729.03 of the Revised Code for a	101603
foreign insurance company holding a qualified equity investment on	101604
the credit allowance date occurring in the calendar year for which	101605
the tax is due. The credit shall be computed in the same manner	101606
prescribed for the computation of credits allowed under section	101607
5725.33 of the Revised Code.	101608

The credit shall be claimed in the order prescribed by	101609
section 5729.98 of the Revised Code. If the amount of the credit	101610
exceeds the amount of tax otherwise due after deducting all other	101611
credits in that order, the excess may be carried forward and	101612
applied to the tax due for not more than four ensuing years.	101613

By claiming a tax credit under this section, an insurance	101614
company waives its rights under section 5729.102 of the Revised	101615
Code with respect to the time limitation for the assessment of	101616
taxes as it relates to credits claimed that later become subject	101617
to recapture under division (E) of this section.	101618

(C) The total amount of qualified equity investments on the	101619
basis of which credits may be claimed under this section, section	101620
5725.33, and section 5733.58 of the Revised Code is subject to the	101621
limitation of division (C) of section 5725.33 of the Revised	101622
Code.	101623

(D) If any amount of the federal tax credit allowed for a	101624
qualified equity investment for which a credit was received under	101625
this section is recaptured under section 45D of the Internal	101626
Revenue Code, or if the director of development determines that an	101627
investment for which a tax credit is claimed under this section is	101628
not a qualified equity investment or that the proceeds of an	101629
investment for which a tax credit is claimed under this section	101630
are used to make qualified low-income community investments other	101631
than in a qualified active low-income community business, all or a	101632
portion of the credit received on account of that investment	101633
shall be paid by the insurance company that received the credit	101634
to the superintendent of insurance. The amount to be recovered	101635
shall be determined by the director of development pursuant to	101636
rules adopted under section 5725.33 of the Revised Code. The	101637
director shall certify any amount due under this division to the	101638
superintendent of insurance, and the superintendent shall notify	101639
the treasurer of state of the amount due. Upon notification, the	101640
treasurer shall invoice the insurance company for the amount due.	101641
The amount due is payable not later than thirty days after the	101642
date the treasurer invoices the insurance company. The amount due	101643
shall be considered to be tax due under section 5729.03 of the	101644
Revised Code, and may be collected by assessment without regard	101645
to the time limitations imposed under section 5729.102 of the	101646
Revised Code for the assessment of taxes by the superintendent.	101647
All amounts collected under this division shall be credited as	101648
revenue from the tax levied under section 5729.03 of the Revised	101649
Code.	101650

Sec. 5729.98. (A) To provide a uniform procedure for	101651
calculating the amount of tax due under this chapter, a taxpayer	101652
shall claim any credits and offsets against tax liability to which	101653
it is entitled in the following order:	101654

(1) The credit for an insurance company or insurance company	101655
group under section 5729.031 of the Revised Code.	101656

(2) The credit for eligible employee training costs under	101657
section 5729.07 of the Revised Code.	101658

(3) The credit for purchases of qualified low-income	101659
community investments under section 5729.16 of the Revised Code;	101660

(4) The job retention credit under section 122.171 of the	101661
Revised Code.	101662

(5) The offset of assessments by the Ohio life and health	101663
insurance guaranty association against tax liability permitted by	101664
section 3956.20 of the Revised Code.	101665

~~(4)~~(6) The refundable credit for Ohio job creation under	101666
section 5729.032 of the Revised Code.	101667

~~(5)~~(7) The refundable credit under section 5729.08 of the	101668
Revised Code for losses on loans made under the Ohio venture	101669
capital program under sections 150.01 to 150.10 of the Revised	101670
Code.	101671

(B) For any credit except the credits enumerated in divisions	101672
(A)~~(4)~~(6) and ~~(5)~~(7) of this section, the amount of the credit for	101673
a taxable year shall not exceed the tax due after allowing for any	101674
other credit that precedes it in the order required under this	101675
section. Any excess amount of a particular credit may be carried	101676
forward if authorized under the section creating that credit.	101677
Nothing in this chapter shall be construed to allow a taxpayer to	101678
claim, directly or indirectly, a credit more than once for a	101679
taxable year.	101680

Sec. 5733.01. (A) The tax provided by this chapter for	101681
domestic corporations shall be the amount charged against each	101682
corporation organized for profit under the laws of this state and	101683
each nonprofit corporation organized pursuant to Chapter 1729. of	101684
the Revised Code, except as provided in sections 5733.09 and	101685
5733.10 of the Revised Code, for the privilege of exercising its	101686
franchise during the calendar year in which that amount is	101687
payable, and the tax provided by this chapter for foreign	101688
corporations shall be the amount charged against each corporation	101689
organized for profit and each nonprofit corporation organized or	101690
operating in the same or similar manner as nonprofit corporations	101691
organized under Chapter 1729. of the Revised Code, under the laws	101692
of any state or country other than this state, except as provided	101693
in sections 5733.09 and 5733.10 of the Revised Code, for the	101694
privilege of doing business in this state, owning or using a part	101695
or all of its capital or property in this state, holding a	101696
certificate of compliance with the laws of this state authorizing	101697
it to do business in this state, or otherwise having nexus in or	101698
with this state under the Constitution of the United States,	101699
during the calendar year in which that amount is payable.	101700

(B) A corporation is subject to the tax imposed by section	101701
5733.06 of the Revised Code for each calendar year that it is so	101702
organized, doing business, owning or using a part or all of its	101703
capital or property, holding a certificate of compliance, or	101704
otherwise having nexus in or with this state under the	101705
Constitution of the United States, on the first day of January of	101706
that calendar year.	101707

(C) Any corporation subject to this chapter that is not	101708
subject to the federal income tax shall file its returns and	101709
compute its tax liability as required by this chapter in the same	101710
manner as if that corporation were subject to the federal income	101711
tax.	101712

(D) For purposes of this chapter, a federally chartered	101713
financial institution shall be deemed to be organized under the	101714
laws of the state within which its principal office is located.	101715

(E) For purposes of this chapter, any person, as defined in	101716
section 5701.01 of the Revised Code, shall be treated as a	101717
corporation if the person is classified for federal income tax	101718
purposes as an association taxable as a corporation, and an equity	101719
interest in the person shall be treated as capital stock of the	101720
person.	101721

(F) For the purposes of this chapter, "disregarded entity"	101722
has the same meaning as in division (D) of section 5745.01 of the	101723
Revised Code.	101724

(1) A person's interest in a disregarded entity, whether held	101725
directly or indirectly, shall be treated as the person's ownership	101726
of the assets and liabilities of the disregarded entity, and the	101727
income, including gain or loss, shall be included in the person's	101728
net income under this chapter.	101729

(2) Any sale, exchange, or other disposition of the person's	101730
interest in the disregarded entity, whether held directly or	101731
indirectly, shall be treated as a sale, exchange, or other	101732
disposition of the person's share of the disregarded entity's	101733
underlying assets or liabilities, and the gain or loss from such	101734
sale, exchange, or disposition shall be included in the person's	101735
net income under this chapter.	101736

(3) The disregarded entity's payroll, property, and sales	101737
factors shall be included in the person's factors.	101738

(G) The tax a corporation is required to pay under this	101739
chapter shall be as follows:	101740

(1)(a) For financial institutions, the greater of the minimum	101741
payment required under division (E) of section 5733.06 of the	101742
Revised Code or the difference between all taxes charged the	101743
financial institution under this chapter, without regard to	101744
division (G)(2) of this section, less any credits allowable	101745
against such tax.	101746

(b) A corporation satisfying the description in division	101747
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	101748
Code that is not a financial institution, insurance company, or	101749
dealer in intangibles is subject to the taxes imposed under this	101750
chapter as a corporation and not subject to tax as a financial	101751
institution, and shall pay the greater of the minimum payment	101752
required under division (E) of section 5733.06 of the Revised Code	101753
or the difference between all the taxes charged under this	101754
chapter, without regard to division (G)(2) of this section, less	101755
any credits allowable against such tax.	101756

(2) For all corporations other than those persons described	101757
in division (G)(1)(a) or (b) of this section, the amount under	101758
division (G)(2)(a) of this section applicable to the tax year	101759
specified less the amount under division (G)(2)(b) of this	101760
section:	101761

(a)(i) For tax year 2005, the greater of the minimum payment	101762
required under division (E) of section 5733.06 of the Revised Code	101763
or the difference between all taxes charged the corporation under	101764
this chapter and any credits allowable against such tax;	101765

(ii) For tax year 2006, the greater of the minimum payment	101766
required under division (E) of section 5733.06 of the Revised Code	101767
or four-fifths of the difference between all taxes charged the	101768
corporation under this chapter and any credits allowable against	101769
such tax, except the qualifying pass-through entity tax credit	101770
described in division (A)~~(29)~~(30) and the refundable credits	101771
described in divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98	101772
of the Revised Code;	101773

(iii) For tax year 2007, the greater of the minimum payment	101774
required under division (E) of section 5733.06 of the Revised Code	101775
or three-fifths of the difference between all taxes charged the	101776
corporation under this chapter and any credits allowable against	101777
such tax, except the qualifying pass-through entity tax credit	101778
described in division (A)~~(29)~~(30) and the refundable credits	101779
described in divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98	101780
of the Revised Code;	101781

(iv) For tax year 2008, the greater of the minimum payment	101782
required under division (E) of section 5733.06 of the Revised Code	101783
or two-fifths of the difference between all taxes charged the	101784
corporation under this chapter and any credits allowable against	101785
such tax, except the qualifying pass-through entity tax credit	101786
described in division (A)~~(29)~~(30) and the refundable credits	101787
described in divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98	101788
of the Revised Code;	101789

(v) For tax year 2009, the greater of the minimum payment	101790
required under division (E) of section 5733.06 of the Revised Code	101791
or one-fifth of the difference between all taxes charged the	101792
corporation under this chapter and any credits allowable against	101793
such tax, except the qualifying pass-through entity tax credit	101794
described in division (A)~~(29)~~(30) and the refundable credits	101795
described in divisions (A)~~(30),~~ (31), (32), ~~and~~ (33), and (34) of	101796
section 5733.98 of the Revised Code;	101797

(vi) For tax year 2010 and each tax year thereafter, no tax.

101798

(b) A corporation shall subtract from the amount calculated	101799
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	101800
any qualifying pass-through entity tax credit described in	101801
division (A)~~(29)~~(30) and any refundable credits described in	101802
divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98 of the	101803
Revised Code to which the corporation is entitled. Any unused	101804
qualifying pass-through entity tax credit is not refundable.	101805

(c) For the purposes of computing the amount of a credit that	101806
may be carried forward to a subsequent tax year under division	101807
(G)(2) of this section, a credit is utilized against the tax for a	101808
tax year to the extent the credit applies against the tax for that	101809
tax year, even if the difference is then multiplied by the	101810
applicable fraction under division (G)(2)(a) of this section.	101811

(3) Nothing in division (G) of this section eliminates or	101812
reduces the tax imposed by section 5733.41 of the Revised Code on	101813
a qualifying pass-through entity.	101814

Sec. 5733.04. As used in this chapter:

101815

(A) "Issued and outstanding shares of stock" applies to	101816
nonprofit corporations, as provided in section 5733.01 of the	101817
Revised Code, and includes, but is not limited to, membership	101818
certificates and other instruments evidencing ownership of an	101819
interest in such nonprofit corporations, and with respect to a	101820
financial institution that does not have capital stock, "issued	101821
and outstanding shares of stock" includes, but is not limited to,	101822
ownership interests of depositors in the capital employed in such	101823
an institution.	101824

(B) "Taxpayer" means a corporation subject to the tax imposed	101825
by section 5733.06 of the Revised Code.	101826

(C) "Resident" means a corporation organized under the laws	101827
of this state.	101828

(D) "Commercial domicile" means the principal place from	101829
which the trade or business of the taxpayer is directed or	101830
managed.	101831

(E) "Taxable year" means the period prescribed by division	101832
(A) of section 5733.031 of the Revised Code upon the net income of	101833
which the value of the taxpayer's issued and outstanding shares of	101834
stock is determined under division (B) of section 5733.05 of the	101835
Revised Code or the period prescribed by division (A) of section	101836
5733.031 of the Revised Code that immediately precedes the date as	101837
of which the total value of the corporation is determined under	101838
division (A) or (C) of section 5733.05 of the Revised Code.	101839

(F) "Tax year" means the calendar year in and for which the	101840
tax imposed by section 5733.06 of the Revised Code is required to	101841
be paid.	101842

(G) "Internal Revenue Code" means the "Internal Revenue Code	101843
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	101844

(H) "Federal income tax" means the income tax imposed by the	101845
Internal Revenue Code.	101846

(I) Except as provided in section 5733.058 of the Revised	101847
Code, "net income" means the taxpayer's taxable income before	101848
operating loss deduction and special deductions, as required to be	101849
reported for the taxpayer's taxable year under the Internal	101850
Revenue Code, subject to the following adjustments:	101851

(1)(a) Deduct any net operating loss incurred in any taxable	101852
years ending in 1971 or thereafter, but exclusive of any net	101853
operating loss incurred in taxable years ending prior to January	101854
1, 1971. This deduction shall not be allowed in any tax year	101855
commencing before December 31, 1973, but shall be carried over and	101856
allowed in tax years commencing after December 31, 1973, until	101857
fully utilized in the next succeeding taxable year or years in	101858
which the taxpayer has net income, but in no case for more than	101859
the designated carryover period as described in division (I)(1)(b)	101860
of this section. The amount of such net operating loss, as	101861
determined under the allocation and apportionment provisions of	101862
section 5733.051 and division (B) of section 5733.05 of the	101863
Revised Code for the year in which the net operating loss occurs,	101864
shall be deducted from net income, as determined under the	101865
allocation and apportionment provisions of section 5733.051 and	101866
division (B) of section 5733.05 of the Revised Code, to the extent	101867
necessary to reduce net income to zero with the remaining unused	101868
portion of the deduction, if any, carried forward to the remaining	101869
years of the designated carryover period as described in division	101870
(I)(1)(b) of this section, or until fully utilized, whichever	101871
occurs first.	101872

(b) For losses incurred in taxable years ending on or before	101873
December 31, 1981, the designated carryover period shall be the	101874
five consecutive taxable years after the taxable year in which the	101875
net operating loss occurred. For losses incurred in taxable years	101876
ending on or after January 1, 1982, and beginning before August 6,	101877
1997, the designated carryover period shall be the fifteen	101878
consecutive taxable years after the taxable year in which the net	101879
operating loss occurs. For losses incurred in taxable years	101880
beginning on or after August 6, 1997, the designated carryover	101881
period shall be the twenty consecutive taxable years after the	101882
taxable year in which the net operating loss occurs.	101883

(c) The tax commissioner may require a taxpayer to furnish	101884
any information necessary to support a claim for deduction under	101885
division (I)(1)(a) of this section and no deduction shall be	101886
allowed unless the information is furnished.	101887

(2) Deduct any amount included in net income by application	101888
of section 78 or 951 of the Internal Revenue Code, amounts	101889
received for royalties, technical or other services derived from	101890
sources outside the United States, and dividends received from a	101891
subsidiary, associate, or affiliated corporation that neither	101892
transacts any substantial portion of its business nor regularly	101893
maintains any substantial portion of its assets within the United	101894
States. For purposes of determining net foreign source income	101895
deductible under division (I)(2) of this section, the amount of	101896
gross income from all such sources other than dividend income and	101897
income derived by application of section 78 or 951 of the Internal	101898
Revenue Code shall be reduced by:	101899

(a) The amount of any reimbursed expenses for personal	101900
services performed by employees of the taxpayer for the	101901
subsidiary, associate, or affiliated corporation;	101902

(b) Ten per cent of the amount of royalty income and	101903
technical assistance fees;	101904

101905

The amounts described in divisions (I)(2)(a) to (c) of this	101906
section are deemed to be the expenses attributable to the	101907
production of deductible foreign source income unless the taxpayer	101908
shows, by clear and convincing evidence, less actual expenses, or	101909
the tax commissioner shows, by clear and convincing evidence, more	101910
actual expenses.	101911

(3) Add any loss or deduct any gain resulting from the sale,	101912
exchange, or other disposition of a capital asset, or an asset	101913
described in section 1231 of the Internal Revenue Code, to the	101914
extent that such loss or gain occurred prior to the first taxable	101915
year on which the tax provided for in section 5733.06 of the	101916
Revised Code is computed on the corporation's net income. For	101917
purposes of division (I)(3) of this section, the amount of the	101918
prior loss or gain shall be measured by the difference between the	101919
original cost or other basis of the asset and the fair market	101920
value as of the beginning of the first taxable year on which the	101921
tax provided for in section 5733.06 of the Revised Code is	101922
computed on the corporation's net income. At the option of the	101923
taxpayer, the amount of the prior loss or gain may be a percentage	101924
of the gain or loss, which percentage shall be determined by	101925
multiplying the gain or loss by a fraction, the numerator of which	101926
is the number of months from the acquisition of the asset to the	101927
beginning of the first taxable year on which the fee provided in	101928
section 5733.06 of the Revised Code is computed on the	101929
corporation's net income, and the denominator of which is the	101930
number of months from the acquisition of the asset to the sale,	101931
exchange, or other disposition of the asset. The adjustments	101932
described in this division do not apply to any gain or loss where	101933
the gain or loss is recognized by a qualifying taxpayer, as	101934
defined in section 5733.0510 of the Revised Code, with respect to	101935
a qualifying taxable event, as defined in that section.	101936

(4) Deduct the dividend received deduction provided by	101937
section 243 of the Internal Revenue Code.	101938

(5) Deduct any interest or interest equivalent on public	101939
obligations and purchase obligations to the extent included in	101940
federal taxable income. As used in divisions (I)(5) and (6) of	101941
this section, "public obligations," "purchase obligations," and	101942
"interest or interest equivalent" have the same meanings as in	101943
section 5709.76 of the Revised Code.	101944

(6) Add any loss or deduct any gain resulting from the sale,	101945
exchange, or other disposition of public obligations to the extent	101946
included in federal taxable income.	101947

(7) To the extent not otherwise allowed, deduct any dividends	101948
or distributions received by a taxpayer from a public utility,	101949
excluding an electric company and a combined company, and, for tax	101950
years 2005 and thereafter, a telephone company, if the taxpayer	101951
owns at least eighty per cent of the issued and outstanding common	101952
stock of the public utility. As used in division (I)(7) of this	101953
section, "public utility" means a public utility as defined in	101954
Chapter 5727. of the Revised Code, whether or not the public	101955
utility is doing business in the state.	101956

(8) To the extent not otherwise allowed, deduct any dividends	101957
received by a taxpayer from an insurance company, if the taxpayer	101958
owns at least eighty per cent of the issued and outstanding common	101959
stock of the insurance company. As used in division (I)(8) of this	101960
section, "insurance company" means an insurance company that is	101961
taxable under Chapter 5725. or 5729. of the Revised Code.	101962

(9) Deduct expenditures for modifying existing buildings or	101963
structures to meet American national standards institute standard	101964
A-117.1-1961 (R-1971), as amended; provided, that no deduction	101965
shall be allowed to the extent that such deduction is not	101966
permitted under federal law or under rules of the tax	101967
commissioner. Those deductions as are allowed may be taken over a	101968
period of five years. The tax commissioner shall adopt rules under	101969
Chapter 119. of the Revised Code establishing reasonable	101970
limitations on the extent that expenditures for modifying existing	101971
buildings or structures are attributable to the purpose of making	101972
the buildings or structures accessible to and usable by physically	101973
handicapped persons.	101974

(10) Deduct the amount of wages and salaries, if any, not	101975
otherwise allowable as a deduction but that would have been	101976
allowable as a deduction in computing federal taxable income	101977
before operating loss deduction and special deductions for the	101978
taxable year, had the targeted jobs credit allowed and determined	101979
under sections 38, 51, and 52 of the Internal Revenue Code not	101980
been in effect.	101981

(11) Deduct net interest income on obligations of the United	101982
States and its territories and possessions or of any authority,	101983
commission, or instrumentality of the United States to the extent	101984
the laws of the United States prohibit inclusion of the net	101985
interest for purposes of determining the value of the taxpayer's	101986
issued and outstanding shares of stock under division (B) of	101987
section 5733.05 of the Revised Code. As used in division (I)(11)	101988
of this section, "net interest" means interest net of any expenses	101989
taken on the federal income tax return that would not have been	101990
allowed under section 265 of the Internal Revenue Code if the	101991
interest were exempt from federal income tax.	101992

(12)(a) Except as set forth in division (I)(12)(d) of this	101993
section, to the extent not included in computing the taxpayer's	101994
federal taxable income before operating loss deduction and special	101995
deductions, add gains and deduct losses from direct or indirect	101996
sales, exchanges, or other dispositions, made by a related entity	101997
who is not a taxpayer, of the taxpayer's indirect, beneficial, or	101998
constructive investment in the stock or debt of another entity,	101999
unless the gain or loss has been included in computing the federal	102000
taxable income before operating loss deduction and special	102001
deductions of another taxpayer with a more closely related	102002
investment in the stock or debt of the other entity. The amount of	102003
gain added or loss deducted shall not exceed the product obtained	102004
by multiplying such gain or loss by the taxpayer's proportionate	102005
share, directly, indirectly, beneficially, or constructively, of	102006
the outstanding stock of the related entity immediately prior to	102007
the direct or indirect sale, exchange, or other disposition.	102008

(b) Except as set forth in division (I)(12)(e) of this	102009
section, to the extent not included in computing the taxpayer's	102010
federal taxable income before operating loss deduction and special	102011
deductions, add gains and deduct losses from direct or indirect	102012
sales, exchanges, or other dispositions made by a related entity	102013
who is not a taxpayer, of intangible property other than stock,	102014
securities, and debt, if such property was owned, or used in whole	102015
or in part, at any time prior to or at the time of the sale,	102016
exchange, or disposition by either the taxpayer or by a related	102017
entity that was a taxpayer at any time during the related entity's	102018
ownership or use of such property, unless the gain or loss has	102019
been included in computing the federal taxable income before	102020
operating loss deduction and special deductions of another	102021
taxpayer with a more closely related ownership or use of such	102022
intangible property. The amount of gain added or loss deducted	102023
shall not exceed the product obtained by multiplying such gain or	102024
loss by the taxpayer's proportionate share, directly, indirectly,	102025
beneficially, or constructively, of the outstanding stock of the	102026
related entity immediately prior to the direct or indirect sale,	102027
exchange, or other disposition.	102028

(c) As used in division (I)(12) of this section, "related	102029
entity" means those entities described in divisions (I)(12)(c)(i)	102030
to (iii) of this section:	102031

(i) An individual stockholder, or a member of the	102032
stockholder's family enumerated in section 318 of the Internal	102033
Revenue Code, if the stockholder and the members of the	102034
stockholder's family own, directly, indirectly, beneficially, or	102035
constructively, in the aggregate, at least fifty per cent of the	102036
value of the taxpayer's outstanding stock;	102037

(ii) A stockholder, or a stockholder's partnership, estate,	102038
trust, or corporation, if the stockholder and the stockholder's	102039
partnerships, estates, trusts, and corporations own directly,	102040
indirectly, beneficially, or constructively, in the aggregate, at	102041
least fifty per cent of the value of the taxpayer's outstanding	102042
stock;	102043

(iii) A corporation, or a party related to the corporation in	102044
a manner that would require an attribution of stock from the	102045
corporation to the party or from the party to the corporation	102046
under division (I)(12)(c)(iv) of this section, if the taxpayer	102047
owns, directly, indirectly, beneficially, or constructively, at	102048
least fifty per cent of the value of the corporation's outstanding	102049
stock.	102050

(iv) The attribution rules of section 318 of the Internal	102051
Revenue Code apply for purposes of determining whether the	102052
ownership requirements in divisions (I)(12)(c)(i) to (iii) of this	102053
section have been met.	102054

(d) For purposes of the adjustments required by division	102055
(I)(12)(a) of this section, the term "investment in the stock or	102056
debt of another entity" means only those investments where the	102057
taxpayer and the taxpayer's related entities directly, indirectly,	102058
beneficially, or constructively own, in the aggregate, at any time	102059
during the twenty-four month period commencing one year prior to	102060
the direct or indirect sale, exchange, or other disposition of	102061
such investment at least fifty per cent or more of the value of	102062
either the outstanding stock or such debt of such other entity.	102063

(e) For purposes of the adjustments required by division	102064
(I)(12)(b) of this section, the term "related entity" excludes all	102065
of the following:	102066

(i) Foreign corporations as defined in section 7701 of the	102067
Internal Revenue Code;	102068

(ii) Foreign partnerships as defined in section 7701 of the	102069
Internal Revenue Code;	102070

(iii) Corporations, partnerships, estates, and trusts created	102071
or organized in or under the laws of the Commonwealth of Puerto	102072
Rico or any possession of the United States;	102073

(iv) Foreign estates and foreign trusts as defined in section	102074
7701 of the Internal Revenue Code.	102075

The exclusions described in divisions (I)(12)(e)(i) to (iv)	102076
of this section do not apply if the corporation, partnership,	102077
estate, or trust is described in any one of divisions (C)(1) to	102078
(5) of section 5733.042 of the Revised Code.	102079

(f) Nothing in division (I)(12) of this section shall require	102080
or permit a taxpayer to add any gains or deduct any losses	102081
described in divisions (I)(12)(f)(i) and (ii) of this section:	102082

(i) Gains or losses recognized for federal income tax	102083
purposes by an individual, estate, or trust without regard to the	102084
attribution rules described in division (I)(12)(c) of this	102085
section;	102086

(ii) A related entity's gains or losses described in division	102087
(I)(12)(b) of this section if the taxpayer's ownership of or use	102088
of such intangible property was limited to a period not exceeding	102089
nine months and was attributable to a transaction or a series of	102090
transactions executed in accordance with the election or elections	102091
made by the taxpayer or a related entity pursuant to section 338	102092
of the Internal Revenue Code.	102093

(13) Any adjustment required by section 5733.042 of the	102094
Revised Code.	102095

(14) Add any amount claimed as a credit under section	102096
5733.0611 of the Revised Code to the extent that such amount	102097
satisfies either of the following:	102098

(a) It was deducted or excluded from the computation of the	102099
corporation's taxable income before operating loss deduction and	102100
special deductions as required to be reported for the	102101
corporation's taxable year under the Internal Revenue Code;	102102

(b) It resulted in a reduction of the corporation's taxable	102103
income before operating loss deduction and special deductions as	102104
required to be reported for any of the corporation's taxable years	102105
under the Internal Revenue Code.	102106

(15) Deduct the amount contributed by the taxpayer to an	102107
individual development account program established by a county	102108
department of job and family services pursuant to sections 329.11	102109
to 329.14 of the Revised Code for the purpose of matching funds	102110
deposited by program participants. On request of the tax	102111
commissioner, the taxpayer shall provide any information that, in	102112
the tax commissioner's opinion, is necessary to establish the	102113
amount deducted under division (I)(15) of this section.	102114

(16) Any adjustment required by section 5733.0510 or	102115
5733.0511 of the Revised Code.	102116

(17)(a)(i) Add five-sixths of the amount of depreciation	102117
expense allowed under subsection (k) of section 168 of the	102118
Internal Revenue Code, including a person's proportionate or	102119
distributive share of the amount of depreciation expense allowed	102120
by that subsection to any pass-through entity in which the person	102121
has direct or indirect ownership.	102122

(ii) Add five-sixths of the amount of qualifying section 179	102123
depreciation expense, including a person's proportionate or	102124
distributive share of the amount of qualifying section 179	102125
depreciation expense allowed to any pass-through entity in which	102126
the person has a direct or indirect ownership. For the purposes of	102127
this division, "qualifying section 179 depreciation expense" means	102128
the difference between (I) the amount of depreciation expense	102129
directly or indirectly allowed to the taxpayer under section 179	102130
of the Internal Revenue Code, and (II) the amount of depreciation	102131
expense directly or indirectly allowed to the taxpayer under	102132
section 179 of the Internal Revenue Code as that section existed	102133
on December 31, 2002.	102134

The tax commissioner, under procedures established by the	102135
commissioner, may waive the add-backs related to a pass-through	102136
entity if the person owns, directly or indirectly, less than five	102137
per cent of the pass-through entity.	102138

(b) Nothing in division (I)(17) of this section shall be	102139
construed to adjust or modify the adjusted basis of any asset.	102140

(c) To the extent the add-back is attributable to property	102141
generating income or loss allocable under section 5733.051 of the	102142
Revised Code, the add-back shall be allocated to the same location	102143
as the income or loss generated by that property. Otherwise, the	102144
add-back shall be apportioned, subject to division (B)(2)(d) of	102145
section 5733.05 of the Revised Code.	102146

(18)(a) If a person is required to make the add-back under	102147
division (I)(17)(a) of this section for a tax year, the person	102148
shall deduct one-fifth of the amount added back for each of the	102149
succeeding five tax years.	102150

(b) If the amount deducted under division (I)(18)(a) of this	102151
section is attributable to an add-back allocated under division	102152
(I)(17)(c) of this section, the amount deducted shall be allocated	102153
to the same location. Otherwise, the amount shall be apportioned	102154
using the apportionment factors for the taxable year in which the	102155
deduction is taken, subject to division (B)(2)(d) of section	102156
5733.05 of the Revised Code.	102157

(J) Except as otherwise expressly provided or clearly	102158
appearing from the context, any term used in this chapter has the	102159
same meaning as when used in a comparable context in the laws of	102160
the United States relating to federal income taxes. Any reference	102161
in this chapter to the Internal Revenue Code includes other laws	102162
of the United States relating to federal income taxes.	102163

(K) "Financial institution" has the meaning given by section	102164
5725.01 of the Revised Code but does not include a production	102165
credit association as described in 85 Stat. 597, 12 U.S.C.A. 2091.	102166

(L)(1) A "qualifying holding company" is any corporation	102167
satisfying all of the following requirements:	102168

(a) Subject to divisions (L)(2) and (3) of this section, the	102169
net book value of the corporation's intangible assets is greater	102170
than or equal to ninety per cent of the net book value of all of	102171
its assets and at least fifty per cent of the net book value of	102172
all of its assets represents direct or indirect investments in the	102173
equity of, loans and advances to, and accounts receivable due from	102174
related members;	102175

(b) At least ninety per cent of the corporation's gross	102176
income for the taxable year is attributable to the following:	102177

(i) The maintenance, management, ownership, acquisition, use,	102178
and disposition of its intangible property, its aircraft the use	102179
of which is not subject to regulation under 14 C.F.R. part 121 or	102180
part 135, and any real property described in division (L)(2)(c) of	102181
this section;	102182

(ii) The collection and distribution of income from such	102183
property.	102184

(c) The corporation is not a financial institution on the	102185
last day of the taxable year ending prior to the first day of the	102186
tax year;	102187

(d) The corporation's related members make a good faith and	102188
reasonable effort to make timely and fully the adjustments	102189
required by division ~~(C)(2)~~(D) of section 5733.05 of the Revised	102190
Code and to pay timely and fully all uncontested taxes, interest,	102191
penalties, and other fees and charges imposed under this chapter;	102192

(e) Subject to division (L)(4) of this section, the	102193
corporation elects to be treated as a qualifying holding company	102194
for the tax year.	102195

A corporation otherwise satisfying divisions (L)(1)(a) to (e)	102196
of this section that does not elect to be a qualifying holding	102197
company is not a qualifying holding company for the purposes of	102198
this chapter.	102199

(2)(a)(i) For purposes of making the ninety per cent	102200
computation under division (L)(1)(a) of this section, the net book	102201
value of the corporation's assets shall not include the net book	102202
value of aircraft or real property described in division	102203
(L)(1)(b)(i) of this section.	102204

(ii) For purposes of making the fifty per cent computation	102205
under division (L)(1)(a) of this section, the net book value of	102206
assets shall include the net book value of aircraft or real	102207
property described in division (L)(1)(b)(i) of this section.	102208

(b)(i) As used in division (L) of this section, "intangible	102209
asset" includes, but is not limited to, the corporation's direct	102210
interest in each pass-through entity only if at all times during	102211
the corporation's taxable year ending prior to the first day of	102212
the tax year the corporation's and the corporation's related	102213
members' combined direct and indirect interests in the capital or	102214
profits of such pass-through entity do not exceed fifty per cent.	102215
If the corporation's interest in the pass-through entity is an	102216
intangible asset for that taxable year, then the distributive	102217
share of any income from the pass-through entity shall be income	102218
from an intangible asset for that taxable year.	102219

(ii) If a corporation's and the corporation's related	102220
members' combined direct and indirect interests in the capital or	102221
profits of a pass-through entity exceed fifty per cent at any time	102222
during the corporation's taxable year ending prior to the first	102223
day of the tax year, "intangible asset" does not include the	102224
corporation's direct interest in the pass-through entity, and the	102225
corporation shall include in its assets its proportionate share of	102226
the assets of any such pass-through entity and shall include in	102227
its gross income its distributive share of the gross income of	102228
such pass-through entity in the same form as was earned by the	102229
pass-through entity.	102230

(iii) A pass-through entity's direct or indirect	102231
proportionate share of any other pass-through entity's assets	102232
shall be included for the purpose of computing the corporation's	102233
proportionate share of the pass-through entity's assets under	102234
division (L)(2)(b)(ii) of this section, and such pass-through	102235
entity's distributive share of any other pass-through entity's	102236
gross income shall be included for purposes of computing the	102237
corporation's distributive share of the pass-through entity's	102238
gross income under division (L)(2)(b)(ii) of this section.	102239

(c) For the purposes of divisions (L)(1)(b)(i), (1)(b)(ii),	102240
(2)(a)(i), and (2)(a)(ii) of this section, real property is	102241
described in division (L)(2)(c) of this section only if all of the	102242
following conditions are present at all times during the taxable	102243
year ending prior to the first day of the tax year:	102244

(i) The real property serves as the headquarters of the	102245
corporation's trade or business, or is the place from which the	102246
corporation's trade or business is principally managed or	102247
directed;	102248

(ii) Not more than ten per cent of the value of the real	102249
property and not more than ten per cent of the square footage of	102250
the building or buildings that are part of the real property is	102251
used, made available, or occupied for the purpose of providing,	102252
acquiring, transferring, selling, or disposing of tangible	102253
property or services in the normal course of business to persons	102254
other than related members, the corporation's employees and their	102255
families, and such related members' employees and their families.	102256

(d) As used in division (L) of this section, "related member"	102257
has the same meaning as in division (A)(6) of section 5733.042 of	102258
the Revised Code without regard to division (B) of that section.	102259

(3) The percentages described in division (L)(1)(a) of this	102260
section shall be equal to the quarterly average of those	102261
percentages as calculated during the corporation's taxable year	102262
ending prior to the first day of the tax year.	102263

(4) With respect to the election described in division	102264
(L)(1)(e) of this section:	102265

(a) The election need not accompany a timely filed report;

102266

(b) The election need not accompany the report; rather, the	102267
election may accompany a subsequently filed but timely application	102268
for refund and timely amended report, or a subsequently filed but	102269
timely petition for reassessment;	102270

102271

(d) The election applies only to the tax year specified by	102272
the corporation;	102273

(e) The corporation's related members comply with division	102274
(L)(1)(d) of this section.	102275

Nothing in division (L)(4) of this section shall be construed	102276
to extend any statute of limitations set forth in this chapter.	102277

(M) "Qualifying controlled group" means two or more	102278
corporations that satisfy the ownership and control requirements	102279
of division (A) of section 5733.052 of the Revised Code.	102280

(N) "Limited liability company" means any limited liability	102281
company formed under Chapter 1705. of the Revised Code or under	102282
the laws of any other state.	102283

(O) "Pass-through entity" means a corporation that has made	102284
an election under subchapter S of Chapter 1 of Subtitle A of the	102285
Internal Revenue Code for its taxable year under that code, or a	102286
partnership, limited liability company, or any other person, other	102287
than an individual, trust, or estate, if the partnership, limited	102288
liability company, or other person is not classified for federal	102289
income tax purposes as an association taxed as a corporation.	102290

(P) "Electric company," "combined company," and "telephone	102291
company" have the same meanings as in section 5727.01 of the	102292
Revised Code.	102293

(Q) "Business income" means income arising from transactions,	102294
activities, and sources in the regular course of a trade or	102295
business and includes income from real property, tangible personal	102296
property, and intangible personal property if the acquisition,	102297
rental, management, and disposition of the property constitute	102298
integral parts of the regular course of a trade or business	102299
operation. "Business income" includes income, including gain or	102300
loss, from a partial or complete liquidation of a business,	102301
including, but not limited to, gain or loss from the sale or other	102302
disposition of goodwill.	102303

(R) "Nonbusiness income" means all income other than business	102304
income.	102305

Sec. 5733.58. (A) Terms used in this section have the same	102306
meaning as in section 5725.33 of the Revised Code.	102307

(B) There is hereby allowed a nonrefundable credit against	102308
the tax imposed by section 5733.06 of the Revised Code for a	102309
financial institution holding a qualified equity investment on the	102310
credit allowance date occurring in the calendar year immediately	102311
preceding the tax year for which the tax is due. The credit shall	102312
be computed in the same manner prescribed for the computation of	102313
credits allowed under section 5725.33 of the Revised Code.	102314

By claiming a tax credit under this section, a financial	102315
institution waives its rights under section 5733.11 of the Revised	102316
Code with respect to the time limitation for the assessment of	102317
taxes as it relates to credits claimed that later become subject	102318
to recapture under division (D) of this section.	102319

The credit shall be claimed in the order prescribed by	102320
section 5733.98 of the Revised Code. If the amount of the credit	102321
exceeds the amount of tax otherwise due after deducting all other	102322
credits in that order, the excess may be carried forward and	102323
applied to the tax due for not more than four ensuing tax years.	102324

(C) The total amount of qualified equity investments on the	102325
basis of which credits may be claimed under this section and	102326
sections 5725.33 and 5729.16 of the Revised Code is subject to the	102327
limitation of division (C) of section 5725.33 of the Revised Code.	102328

(D) If any amount of the federal tax credit allowed for a	102329
qualified equity investment for which a credit was received under	102330
this section is recaptured under section 45D of the Internal	102331
Revenue Code, or if the director of development determines that an	102332
investment for which a tax credit is claimed under this section is	102333
not a qualified equity investment or that the proceeds of an	102334
investment for which a tax credit is claimed under this section	102335
are used to make qualified low-income community investments other	102336
than in a qualified active low-income community business, all or a	102337
portion of the credit received on account of that investment	102338
shall be paid by the financial institution that received the	102339
credit to the tax commissioner. The amount to be recovered shall	102340
be determined by the director of development pursuant to rules	102341
adopted under section 5725.33 of the Revised Code. The director	102342
shall certify any amount due under this division to the tax	102343
commissioner, and the commissioner shall notify the financial	102344
institution of the amount due. The amount due is payable not	102345
later than thirty days after the day the commissioner issues the	102346
notice. The amount due shall be considered to be tax due under	102347
section 5733.06 of the Revised Code, and may be collected by	102348
assessment without regard to the limitations imposed under section	102349
5733.11 of the Revised Code for the assessment of taxes by the	102350
commissioner. All amounts collected under this division shall be	102351
credited as revenue from the tax levied under section 5733.06 of	102352
the Revised Code.	102353

Sec. 5733.59. (A) Any term used in this section has the same	102354
meaning as in section 122.85 of the Revised Code.	102355

(B) There is allowed a credit against the tax imposed by	102356
section 5733.06 of the Revised Code for any corporation that is	102357
the certificate owner of a tax credit certificate issued under	102358
section 122.85 of the Revised Code. The credit shall be claimed	102359
for the taxable year in which the certificate is issued by the	102360
director of development. The credit amount equals the amount	102361
stated in the certificate. The credit shall be claimed in the	102362
order required under section 5733.98 of the Revised Code. If the	102363
credit amount exceeds the tax otherwise due under section 5733.06	102364
of the Revised Code after deducting all other credits in that	102365
order, the excess shall be refunded.	102366

(C) If, pursuant to division (G) of section 5733.01 of the	102367
Revised Code, the corporation is not required to pay tax under	102368
this chapter, the corporation may file an annual report under	102369
section 5733.02 of the Revised Code and claim the credit	102370
authorized by this section. Nothing in this section allows a	102371
corporation to claim more than one credit per tax credit-eligible	102372
production.	102373

Sec. 5733.98. (A) To provide a uniform procedure for	102374
calculating the amount of tax imposed by section 5733.06 of the	102375
Revised Code that is due under this chapter, a taxpayer shall	102376
claim any credits to which it is entitled in the following order,	102377
except as otherwise provided in section 5733.058 of the Revised	102378
Code:	102379

(1) For tax year 2005, the credit for taxes paid by a	102380
qualifying pass-through entity allowed under section 5733.0611 of	102381
the Revised Code;	102382

(2) The credit allowed for financial institutions under	102383
section 5733.45 of the Revised Code;	102384

(3) The credit for qualifying affiliated groups under section	102385
5733.068 of the Revised Code;	102386

(4) The subsidiary corporation credit under section 5733.067	102387
of the Revised Code;	102388

(5) The savings and loan assessment credit under section	102389
5733.063 of the Revised Code;	102390

(6) The credit for recycling and litter prevention donations	102391
under section 5733.064 of the Revised Code;	102392

(7) The credit for employers that enter into agreements with	102393
child day-care centers under section 5733.36 of the Revised Code;	102394

(8) The credit for employers that reimburse employee child	102395
care expenses under section 5733.38 of the Revised Code;	102396

(9) The credit for maintaining railroad active grade crossing	102397
warning devices under section 5733.43 of the Revised Code;	102398

(10) The credit for purchases of lights and reflectors under	102399
section 5733.44 of the Revised Code;	102400

(11) The job retention credit under division (B) of section	102401
5733.0610 of the Revised Code;	102402

(12) The credit for tax years 2008 and 2009 for selling	102403
alternative fuel under section 5733.48 of the Revised Code;	102404

(13) The second credit for purchases of new manufacturing	102405
machinery and equipment under section 5733.33 of the Revised Code;	102406

(14) The job training credit under section 5733.42 of the	102407
Revised Code;	102408

(15) The credit for qualified research expenses under section	102409
5733.351 of the Revised Code;	102410

(16) The enterprise zone credit under section 5709.66 of the	102411
Revised Code;	102412

(17) The credit for the eligible costs associated with a	102413
voluntary action under section 5733.34 of the Revised Code;	102414

(18) The credit for employers that establish on-site child	102415
day-care centers under section 5733.37 of the Revised Code;	102416

(19) The ethanol plant investment credit under section	102417
5733.46 of the Revised Code;	102418

(20) The credit for purchases of qualifying grape production	102419
property under section 5733.32 of the Revised Code;	102420

(21) The export sales credit under section 5733.069 of the	102421
Revised Code;	102422

(22) The credit for research and development and technology	102423
transfer investors under section 5733.35 of the Revised Code;	102424

(23) The enterprise zone credits under section 5709.65 of the	102425
Revised Code;	102426

(24) The credit for using Ohio coal under section 5733.39 of	102427
the Revised Code;	102428

(25) The credit for purchases of qualified low-income	102429
community investments under section 5733.58 of the Revised Code;	102430

(26) The credit for small telephone companies under section	102431
5733.57 of the Revised Code;	102432

~~(26)~~(27) The credit for eligible nonrecurring 9-1-1 charges	102433
under section 5733.55 of the Revised Code;	102434

~~(27)~~(28) For tax year 2005, the credit for providing programs	102435
to aid the communicatively impaired under division (A) of section	102436
5733.56 of the Revised Code;	102437

~~(28)~~(29) The research and development credit under section	102438
5733.352 of the Revised Code;	102439

~~(29)~~(30) For tax years 2006 and subsequent tax years, the	102440
credit for taxes paid by a qualifying pass-through entity allowed	102441
under section 5733.0611 of the Revised Code;	102442

~~(30)~~(31) The refundable credit for rehabilitating a historic	102443
building under section 5733.47 of the Revised Code;	102444

~~(31)~~(32) The refundable jobs creation credit under division	102445
(A) of section 5733.0610 of the Revised Code;	102446

~~(32)~~(33) The refundable credit for tax withheld under	102447
division (B)(2) of section 5747.062 of the Revised Code;	102448

~~(33)~~(34) The refundable credit under section 5733.49 of the	102449
Revised Code for losses on loans made to the Ohio venture capital	102450
program under sections 150.01 to 150.10 of the Revised Code;	102451

~~(34)~~(35) For tax years 2006, 2007, and 2008, the refundable	102452
credit allowable under division (B) of section 5733.56 of the	102453
Revised Code;	102454

(36) The refundable motion picture production credit under	102455
section 5733.59 of the Revised Code.	102456

(B) For any credit except the credits enumerated in divisions	102457
(A)~~(30)~~(31) to ~~(34)~~(36) of this section, the amount of the credit	102458
for a tax year shall not exceed the tax due after allowing for	102459
any other credit that precedes it in the order required under	102460
this section. Any excess amount of a particular credit may be	102461
carried forward if authorized under the section creating that	102462
credit.	102463

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	102464
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	102465
the Revised Code has been paid, for the purpose of operating a	102466
transit bus shall be reimbursed in the amount of ~~the~~such tax paid	102467
on motor fuel used by public transportation systems providing	102468
transit or paratransit service on a regular and continuing basis	102469
within the state;	102470

(2) A city, exempted village, joint vocational, or local	102471
school district or educational service center that purchases any	102472
motor fuel for school district or service center operations, on	102473
which any tax imposed by section 5735.29 of the Revised Code that	102474
became effective on or after July 1, 2003, has been paid, may, if	102475
an application is filed under this section, be reimbursed in the	102476
amount of all but two cents per gallon of the total tax imposed by	102477
such section and paid on motor fuel.	102478

(3) A county board of mental retardation and developmental	102479
disabilities that, on or after July 1, 2005, purchases any motor	102480
fuel for county board operations, on which any tax imposed by	102481
section 5735.29 of the Revised Code has been paid may, if an	102482
application is filed under this section, be reimbursed in the	102483
amount of all but two cents per gallon of the total tax imposed by	102484
such section and paid on motor fuel purchased on or after July 1,	102485
2005.	102486

(B) Such person, school district, educational service center,	102487
or county board shall file with the tax commissioner an	102488
application for refund within one year from the date of purchase,	102489
stating the quantity of fuel used for operating transit buses used	102490
by local transit systems in furnishing scheduled common carrier,	102491
public passenger land transportation service along regular routes	102492
primarily in one or more municipal corporations or for operating	102493
vehicles used for school district, service center, or county board	102494
operations. However, no claim shall be made for the tax on fewer	102495
than one hundred gallons of motor fuel. A school district,	102496
educational service center, or county board shall not apply for a	102497
refund for any tax paid on motor fuel that is sold by the	102498
district, service center, or county board. The application shall	102499
be accompanied by the statement described in section 5735.15 of	102500
the Revised Code showing the purchase, together with evidence of	102501
payment thereof.	102502

(C) After consideration of the application and statement, the	102503
commissioner shall determine the amount of refund to which the	102504
applicant is entitled. If the amount is not less than that	102505
claimed, the commissioner shall certify the amount to the director	102506
of budget and management and treasurer of state for payment from	102507
the tax refund fund created by section 5703.052 of the Revised	102508
Code. If the amount is less than that claimed, the commissioner	102509
shall proceed in accordance with section 5703.70 of the Revised	102510
Code.	102511

The commissioner may require that the application be	102512
supported by the affidavit of the claimant. No refund shall be	102513
authorized or ordered for any single claim for the tax on fewer	102514
than one hundred gallons of motor fuel. No refund shall be	102515
authorized or ordered on motor fuel that is sold by a school	102516
district, educational service center, or county board.	102517

(D) The refund authorized by this section or section 5703.70	102518
of the Revised Code shall be reduced by the cents per gallon	102519
amount of any qualified fuel credit received under section	102520
5735.145 of the Revised Code, as determined by the commissioner,	102521
for each gallon of qualified fuel included in the total gallonage	102522
of motor fuel upon which the refund is computed.	102523

(E) The right to receive any refund under this section or	102524
section 5703.70 of the Revised Code is not assignable. The payment	102525
of this refund shall not be made to any person or entity other	102526
than the person or entity originally entitled thereto who used the	102527
motor fuel upon which the claim for refund is based, except that	102528
the refund when allowed and certified, as provided in this	102529
section, may be paid to the executor, the administrator, the	102530
receiver, the trustee in bankruptcy, or the assignee in insolvency	102531
proceedings of the person.	102532

Sec. 5739.01. As used in this chapter:

102533

(A) "Person" includes individuals, receivers, assignees,	102534
trustees in bankruptcy, estates, firms, partnerships,	102535
associations, joint-stock companies, joint ventures, clubs,	102536
societies, corporations, the state and its political subdivisions,	102537
and combinations of individuals of any form.	102538

(B) "Sale" and "selling" include all of the following	102539
transactions for a consideration in any manner, whether absolutely	102540
or conditionally, whether for a price or rental, in money or by	102541
exchange, and by any means whatsoever:	102542

(1) All transactions by which title or possession, or both,	102543
of tangible personal property, is or is to be transferred, or a	102544
license to use or consume tangible personal property is or is to	102545
be granted;	102546

(2) All transactions by which lodging by a hotel is or is to	102547
be furnished to transient guests;	102548

(3) All transactions by which:

102549

(a) An item of tangible personal property is or is to be	102550
repaired, except property, the purchase of which would not be	102551
subject to the tax imposed by section 5739.02 of the Revised Code;	102552

(b) An item of tangible personal property is or is to be	102553
installed, except property, the purchase of which would not be	102554
subject to the tax imposed by section 5739.02 of the Revised Code	102555
or property that is or is to be incorporated into and will become	102556
a part of a production, transmission, transportation, or	102557
distribution system for the delivery of a public utility service;	102558

(c) The service of washing, cleaning, waxing, polishing, or	102559
painting a motor vehicle is or is to be furnished;	102560

(d) Until August 1, 2003, industrial laundry cleaning	102561
services are or are to be provided and, on and after August 1,	102562
2003, laundry and dry cleaning services are or are to be provided;	102563

(e) Automatic data processing, computer services, or	102564
electronic information services are or are to be provided for use	102565
in business when the true object of the transaction is the receipt	102566
by the consumer of automatic data processing, computer services,	102567
or electronic information services rather than the receipt of	102568
personal or professional services to which automatic data	102569
processing, computer services, or electronic information services	102570
are incidental or supplemental. Notwithstanding any other	102571
provision of this chapter, such transactions that occur between	102572
members of an affiliated group are not sales. An "affiliated	102573
group" means two or more persons related in such a way that one	102574
person owns or controls the business operation of another member	102575
of the group. In the case of corporations with stock, one	102576
corporation owns or controls another if it owns more than fifty	102577
per cent of the other corporation's common stock with voting	102578
rights.	102579

(f) Telecommunications service, including prepaid calling	102580
service, prepaid wireless calling service, or ancillary service,	102581
is or is to be provided, but not including coin-operated telephone	102582
service;	102583

(g) Landscaping and lawn care service is or is to be	102584
provided;	102585

(h) Private investigation and security service is or is to be	102586
provided;	102587

(i) Information services or tangible personal property is	102588
provided or ordered by means of a nine hundred telephone call;	102589

(j) Building maintenance and janitorial service is or is to	102590
be provided;	102591

(k) Employment service is or is to be provided;

102592

(l) Employment placement service is or is to be provided;

102593

(m) Exterminating service is or is to be provided;

102594

(n) Physical fitness facility service is or is to be	102595
provided;	102596

(o) Recreation and sports club service is or is to be	102597
provided;	102598

(p) On and after August 1, 2003, satellite broadcasting	102599
service is or is to be provided;	102600

(q) On and after August 1, 2003, personal care service is or	102601
is to be provided to an individual. As used in this division,	102602
"personal care service" includes skin care, the application of	102603
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	102604
piercing, tanning, massage, and other similar services. "Personal	102605
care service" does not include a service provided by or on the	102606
order of a licensed physician or licensed chiropractor, or the	102607
cutting, coloring, or styling of an individual's hair.	102608

(r) On and after August 1, 2003, the transportation of	102609
persons by motor vehicle or aircraft is or is to be provided, when	102610
the transportation is entirely within this state, except for	102611
transportation provided by an ambulance service, by a transit bus,	102612
as defined in section 5735.01 of the Revised Code, and	102613
transportation provided by a citizen of the United States holding	102614
a certificate of public convenience and necessity issued under 49	102615
U.S.C. 41102;	102616

(s) On and after August 1, 2003, motor vehicle towing service	102617
is or is to be provided. As used in this division, "motor vehicle	102618
towing service" means the towing or conveyance of a wrecked,	102619
disabled, or illegally parked motor vehicle.	102620

(t) On and after August 1, 2003, snow removal service is or	102621
is to be provided. As used in this division, "snow removal	102622
service" means the removal of snow by any mechanized means, but	102623
does not include the providing of such service by a person that	102624
has less than five thousand dollars in sales of such service	102625
during the calendar year.	102626

(u) Electronic publishing service is or is to be provided to	102627
a consumer for use in business, except that such transactions	102628
occurring between members of an affiliated group, as defined in	102629
division (B)(3)(e) of this section, are not sales.	102630

(4) All transactions by which printed, imprinted,	102631
overprinted, lithographic, multilithic, blueprinted, photostatic,	102632
or other productions or reproductions of written or graphic matter	102633
are or are to be furnished or transferred;	102634

(5) The production or fabrication of tangible personal	102635
property for a consideration for consumers who furnish either	102636
directly or indirectly the materials used in the production of	102637
fabrication work; and include the furnishing, preparing, or	102638
serving for a consideration of any tangible personal property	102639
consumed on the premises of the person furnishing, preparing, or	102640
serving such tangible personal property. Except as provided in	102641
section 5739.03 of the Revised Code, a construction contract	102642
pursuant to which tangible personal property is or is to be	102643
incorporated into a structure or improvement on and becoming a	102644
part of real property is not a sale of such tangible personal	102645
property. The construction contractor is the consumer of such	102646
tangible personal property, provided that the sale and	102647
installation of carpeting, the sale and installation of	102648
agricultural land tile, the sale and erection or installation of	102649
portable grain bins, or the provision of landscaping and lawn care	102650
service and the transfer of property as part of such service is	102651
never a construction contract.	102652

As used in division (B)(5) of this section:

102653

(a) "Agricultural land tile" means fired clay or concrete	102654
tile, or flexible or rigid perforated plastic pipe or tubing,	102655
incorporated or to be incorporated into a subsurface drainage	102656
system appurtenant to land used or to be used directly in	102657
production by farming, agriculture, horticulture, or floriculture.	102658
The term does not include such materials when they are or are to	102659
be incorporated into a drainage system appurtenant to a building	102660
or structure even if the building or structure is used or to be	102661
used in such production.	102662

(b) "Portable grain bin" means a structure that is used or to	102663
be used by a person engaged in farming or agriculture to shelter	102664
the person's grain and that is designed to be disassembled without	102665
significant damage to its component parts.	102666

(6) All transactions in which all of the shares of stock of a	102667
closely held corporation are transferred, if the corporation is	102668
not engaging in business and its entire assets consist of boats,	102669
planes, motor vehicles, or other tangible personal property	102670
operated primarily for the use and enjoyment of the shareholders;	102671

(7) All transactions in which a warranty, maintenance or	102672
service contract, or similar agreement by which the vendor of the	102673
warranty, contract, or agreement agrees to repair or maintain the	102674
tangible personal property of the consumer is or is to be	102675
provided;	102676

(8) The transfer of copyrighted motion picture films used	102677
solely for advertising purposes, except that the transfer of such	102678
films for exhibition purposes is not a sale;	102679

(9) On and after August 1, 2003, all transactions by which	102680
tangible personal property is or is to be stored, except such	102681
property that the consumer of the storage holds for sale in the	102682
regular course of business;	102683

(10) All transactions in which "guaranteed auto protection"	102684
is provided whereby a person promises to pay to the consumer the	102685
difference between the amount the consumer receives from motor	102686
vehicle insurance and the amount the consumer owes to a person	102687
holding title to or a lien on the consumer's motor vehicle in the	102688
event the consumer's motor vehicle suffers a total loss under the	102689
terms of the motor vehicle insurance policy or is stolen and not	102690
recovered, if the protection and its price are included in the	102691
purchase or lease agreement;	102692

(11)(a) Except as provided in division (B)(11)(b) of this	102693
section, on and after September 1, 2009, all transactions by which	102694
health care services are paid for, reimbursed, provided,	102695
delivered, arranged for, or otherwise made available by a medicaid	102696
health insuring corporation pursuant to the corporation's contract	102697
with the state.	102698

(b) If the centers for medicare and medicaid services of the	102699
United States department of health and human services determines	102700
that the taxation of transactions described in division (B)(11)(a)	102701
of this section constitutes an impermissible health care-related	102702
tax under section 1903(w) of the "Social Security Act," 49 Stat.	102703
620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations	102704
adopted thereunder, the director of job and family services shall	102705
notify the tax commissioner of that determination. Beginning with	102706
the first day of the month following that notification, the	102707
transactions described in division (B)(11)(a) of this section are	102708
not sales for the purposes of this chapter or Chapter 5741. of the	102709
Revised Code. The tax commissioner shall order that the collection	102710
of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026,	102711
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code	102712
shall cease for transactions occurring on or after that date.	102713

Except as provided in this section, "sale" and "selling" do	102714
not include transfers of interest in leased property where the	102715
original lessee and the terms of the original lease agreement	102716
remain unchanged, or professional, insurance, or personal service	102717
transactions that involve the transfer of tangible personal	102718
property as an inconsequential element, for which no separate	102719
charges are made.	102720

(C) "Vendor" means the person providing the service or by	102721
whom the transfer effected or license given by a sale is or is to	102722
be made or given and, for sales described in division (B)(3)(i) of	102723
this section, the telecommunications service vendor that provides	102724
the nine hundred telephone service; if two or more persons are	102725
engaged in business at the same place of business under a single	102726
trade name in which all collections on account of sales by each	102727
are made, such persons shall constitute a single vendor.	102728

Physicians, dentists, hospitals, and veterinarians who are	102729
engaged in selling tangible personal property as received from	102730
others, such as eyeglasses, mouthwashes, dentifrices, or similar	102731
articles, are vendors. Veterinarians who are engaged in	102732
transferring to others for a consideration drugs, the dispensing	102733
of which does not require an order of a licensed veterinarian or	102734
physician under federal law, are vendors.	102735

(D)(1) "Consumer" means the person for whom the service is	102736
provided, to whom the transfer effected or license given by a sale	102737
is or is to be made or given, to whom the service described in	102738
division (B)(3)(f) or (i) of this section is charged, or to whom	102739
the admission is granted.	102740

(2) Physicians, dentists, hospitals, and blood banks operated	102741
by nonprofit institutions and persons licensed to practice	102742
veterinary medicine, surgery, and dentistry are consumers of all	102743
tangible personal property and services purchased by them in	102744
connection with the practice of medicine, dentistry, the rendition	102745
of hospital or blood bank service, or the practice of veterinary	102746
medicine, surgery, and dentistry. In addition to being consumers	102747
of drugs administered by them or by their assistants according to	102748
their direction, veterinarians also are consumers of drugs that	102749
under federal law may be dispensed only by or upon the order of a	102750
licensed veterinarian or physician, when transferred by them to	102751
others for a consideration to provide treatment to animals as	102752
directed by the veterinarian.	102753

(3) A person who performs a facility management, or similar	102754
service contract for a contractee is a consumer of all tangible	102755
personal property and services purchased for use in connection	102756
with the performance of such contract, regardless of whether title	102757
to any such property vests in the contractee. The purchase of such	102758
property and services is not subject to the exception for resale	102759
under division (E)(1) of this section.	102760

(4)(a) In the case of a person who purchases printed matter	102761
for the purpose of distributing it or having it distributed to the	102762
public or to a designated segment of the public, free of charge,	102763
that person is the consumer of that printed matter, and the	102764
purchase of that printed matter for that purpose is a sale.	102765

(b) In the case of a person who produces, rather than	102766
purchases, printed matter for the purpose of distributing it or	102767
having it distributed to the public or to a designated segment of	102768
the public, free of charge, that person is the consumer of all	102769
tangible personal property and services purchased for use or	102770
consumption in the production of that printed matter. That person	102771
is not entitled to claim exemption under division (B)(42)(f) of	102772
section 5739.02 of the Revised Code for any material incorporated	102773
into the printed matter or any equipment, supplies, or services	102774
primarily used to produce the printed matter.	102775

(c) The distribution of printed matter to the public or to a	102776
designated segment of the public, free of charge, is not a sale to	102777
the members of the public to whom the printed matter is	102778
distributed or to any persons who purchase space in the printed	102779
matter for advertising or other purposes.	102780

(5) A person who makes sales of any of the services listed in	102781
division (B)(3) of this section is the consumer of any tangible	102782
personal property used in performing the service. The purchase of	102783
that property is not subject to the resale exception under	102784
division (E)(1) of this section.	102785

(6) A person who engages in highway transportation for hire	102786
is the consumer of all packaging materials purchased by that	102787
person and used in performing the service, except for packaging	102788
materials sold by such person in a transaction separate from the	102789
service.	102790

(7) In the case of a transaction for health care services	102791
under division (B)(11) of this section, a medicaid health insuring	102792
corporation is the consumer of such services. The purchase of such	102793
services by a medicaid health insuring corporation is not subject	102794
to the exception for resale under division (E)(1) of this section	102795
or to the exemptions provided under divisions (B)(12), (18), (19),	102796
and (22) of section 5739.02 of the Revised Code.	102797

(E) "Retail sale" and "sales at retail" include all sales,	102798
except those in which the purpose of the consumer is to resell the	102799
thing transferred or benefit of the service provided, by a person	102800
engaging in business, in the form in which the same is, or is to	102801
be, received by the person.	102802

(F) "Business" includes any activity engaged in by any person	102803
with the object of gain, benefit, or advantage, either direct or	102804
indirect. "Business" does not include the activity of a person in	102805
managing and investing the person's own funds.	102806

(G) "Engaging in business" means commencing, conducting, or	102807
continuing in business, and liquidating a business when the	102808
liquidator thereof holds itself out to the public as conducting	102809
such business. Making a casual sale is not engaging in business.	102810

(H)(1)(a) "Price," except as provided in divisions (H)(2)	102811
~~and~~, (3), and (4) of this section, means the total amount of	102812
consideration, including cash, credit, property, and services,	102813
for which tangible personal property or services are sold,	102814
leased, or rented, valued in money, whether received in money or	102815
otherwise, without any deduction for any of the following:	102816

(i) The vendor's cost of the property sold;

102817

(ii) The cost of materials used, labor or service costs,	102818
interest, losses, all costs of transportation to the vendor, all	102819
taxes imposed on the vendor, including the tax imposed under	102820
Chapter 5751. of the Revised Code, and any other expense of the	102821
vendor;	102822

(iii) Charges by the vendor for any services necessary to	102823
complete the sale;	102824

(iv) On and after August 1, 2003, delivery charges. As used	102825
in this division, "delivery charges" means charges by the vendor	102826
for preparation and delivery to a location designated by the	102827
consumer of tangible personal property or a service, including	102828
transportation, shipping, postage, handling, crating, and packing.	102829

(v) Installation charges;

102830

(vi) Credit for any trade-in.

102831

(b) "Price" includes consideration received by the vendor	102832
from a third party, if the vendor actually receives the	102833
consideration from a party other than the consumer, and the	102834
consideration is directly related to a price reduction or discount	102835
on the sale; the vendor has an obligation to pass the price	102836
reduction or discount through to the consumer; the amount of the	102837
consideration attributable to the sale is fixed and determinable	102838
by the vendor at the time of the sale of the item to the consumer;	102839
and one of the following criteria is met:	102840

(i) The consumer presents a coupon, certificate, or other	102841
document to the vendor to claim a price reduction or discount	102842
where the coupon, certificate, or document is authorized,	102843
distributed, or granted by a third party with the understanding	102844
that the third party will reimburse any vendor to whom the coupon,	102845
certificate, or document is presented;	102846

(ii) The consumer identifies the consumer's self to the	102847
seller as a member of a group or organization entitled to a price	102848
reduction or discount. A preferred customer card that is available	102849
to any patron does not constitute membership in such a group or	102850
organization.	102851

(iii) The price reduction or discount is identified as a	102852
third party price reduction or discount on the invoice received by	102853
the consumer, or on a coupon, certificate, or other document	102854
presented by the consumer.	102855

102856

(i) Discounts, including cash, term, or coupons that are not	102857
reimbursed by a third party that are allowed by a vendor and taken	102858
by a consumer on a sale;	102859

(ii) Interest, financing, and carrying charges from credit	102860
extended on the sale of tangible personal property or services, if	102861
the amount is separately stated on the invoice, bill of sale, or	102862
similar document given to the purchaser;	102863

(iii) Any taxes legally imposed directly on the consumer that	102864
are separately stated on the invoice, bill of sale, or similar	102865
document given to the consumer. For the purpose of this division,	102866
the tax imposed under Chapter 5751. of the Revised Code is not a	102867
tax directly on the consumer, even if the tax or a portion thereof	102868
is separately stated.	102869

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	102870
section, any discount allowed by an automobile manufacturer to its	102871
employee, or to the employee of a supplier, on the purchase of a	102872
new motor vehicle from a new motor vehicle dealer in this state.	102873

(2) In the case of a sale of any new motor vehicle by a new	102874
motor vehicle dealer, as defined in section 4517.01 of the Revised	102875
Code, in which another motor vehicle is accepted by the dealer as	102876
part of the consideration received, "price" has the same meaning	102877
as in division (H)(1) of this section, reduced by the credit	102878
afforded the consumer by the dealer for the motor vehicle received	102879
in trade.	102880

(3) In the case of a sale of any watercraft or outboard motor	102881
by a watercraft dealer licensed in accordance with section	102882
1547.543 of the Revised Code, in which another watercraft,	102883
watercraft and trailer, or outboard motor is accepted by the	102884
dealer as part of the consideration received, "price" has the same	102885
meaning as in division (H)(1) of this section, reduced by the	102886
credit afforded the consumer by the dealer for the watercraft,	102887
watercraft and trailer, or outboard motor received in trade. As	102888
used in this division, "watercraft" includes an outdrive unit	102889
attached to the watercraft.	102890

(4) In the case of transactions for health care services	102891
under division (B)(11) of this section, "price" means the amount	102892
of managed care premiums received each month by a medicaid health	102893
insuring corporation.	102894

(I) "Receipts" means the total amount of the prices of the	102895
sales of vendors, provided that cash discounts allowed and taken	102896
on sales at the time they are consummated are not included, minus	102897
any amount deducted as a bad debt pursuant to section 5739.121 of	102898
the Revised Code. "Receipts" does not include the sale price of	102899
property returned or services rejected by consumers when the full	102900
sale price and tax are refunded either in cash or by credit.	102901

(J) "Place of business" means any location at which a person	102902
engages in business.	102903

(K) "Premises" includes any real property or portion thereof	102904
upon which any person engages in selling tangible personal	102905
property at retail or making retail sales and also includes any	102906
real property or portion thereof designated for, or devoted to,	102907
use in conjunction with the business engaged in by such person.	102908

(L) "Casual sale" means a sale of an item of tangible	102909
personal property that was obtained by the person making the sale,	102910
through purchase or otherwise, for the person's own use and was	102911
previously subject to any state's taxing jurisdiction on its sale	102912
or use, and includes such items acquired for the seller's use that	102913
are sold by an auctioneer employed directly by the person for such	102914
purpose, provided the location of such sales is not the	102915
auctioneer's permanent place of business. As used in this	102916
division, "permanent place of business" includes any location	102917
where such auctioneer has conducted more than two auctions during	102918
the year.	102919

(M) "Hotel" means every establishment kept, used, maintained,	102920
advertised, or held out to the public to be a place where sleeping	102921
accommodations are offered to guests, in which five or more rooms	102922
are used for the accommodation of such guests, whether the rooms	102923
are in one or several structures, except as otherwise provided in	102924
division (G) of section 5739.09 of the Revised Code.	102925

(N) "Transient guests" means persons occupying a room or	102926
rooms for sleeping accommodations for less than thirty consecutive	102927
days.	102928

(O) "Making retail sales" means the effecting of transactions	102929
wherein one party is obligated to pay the price and the other	102930
party is obligated to provide a service or to transfer title to or	102931
possession of the item sold. "Making retail sales" does not	102932
include the preliminary acts of promoting or soliciting the retail	102933
sales, other than the distribution of printed matter which	102934
displays or describes and prices the item offered for sale, nor	102935
does it include delivery of a predetermined quantity of tangible	102936
personal property or transportation of property or personnel to or	102937
from a place where a service is performed, regardless of whether	102938
the vendor is a delivery vendor.	102939

(P) "Used directly in the rendition of a public utility	102940
service" means that property that is to be incorporated into and	102941
will become a part of the consumer's production, transmission,	102942
transportation, or distribution system and that retains its	102943
classification as tangible personal property after such	102944
incorporation; fuel or power used in the production, transmission,	102945
transportation, or distribution system; and tangible personal	102946
property used in the repair and maintenance of the production,	102947
transmission, transportation, or distribution system, including	102948
only such motor vehicles as are specially designed and equipped	102949
for such use. Tangible personal property and services used	102950
primarily in providing highway transportation for hire are not	102951
used directly in the rendition of a public utility service. In	102952
this definition, "public utility" includes a citizen of the United	102953
States holding, and required to hold, a certificate of public	102954
convenience and necessity issued under 49 U.S.C. 41102.	102955

(Q) "Refining" means removing or separating a desirable	102956
product from raw or contaminated materials by distillation or	102957
physical, mechanical, or chemical processes.	102958

(R) "Assembly" and "assembling" mean attaching or fitting	102959
together parts to form a product, but do not include packaging a	102960
product.	102961

(S) "Manufacturing operation" means a process in which	102962
materials are changed, converted, or transformed into a different	102963
state or form from which they previously existed and includes	102964
refining materials, assembling parts, and preparing raw materials	102965
and parts by mixing, measuring, blending, or otherwise committing	102966
such materials or parts to the manufacturing process.	102967
"Manufacturing operation" does not include packaging.	102968

(T) "Fiscal officer" means, with respect to a regional	102969
transit authority, the secretary-treasurer thereof, and with	102970
respect to a county that is a transit authority, the fiscal	102971
officer of the county transit board if one is appointed pursuant	102972
to section 306.03 of the Revised Code or the county auditor if the	102973
board of county commissioners operates the county transit system.	102974

(U) "Transit authority" means a regional transit authority	102975
created pursuant to section 306.31 of the Revised Code or a county	102976
in which a county transit system is created pursuant to section	102977
306.01 of the Revised Code. For the purposes of this chapter, a	102978
transit authority must extend to at least the entire area of a	102979
single county. A transit authority that includes territory in more	102980
than one county must include all the area of the most populous	102981
county that is a part of such transit authority. County population	102982
shall be measured by the most recent census taken by the United	102983
States census bureau.	102984

(V) "Legislative authority" means, with respect to a regional	102985
transit authority, the board of trustees thereof, and with respect	102986
to a county that is a transit authority, the board of county	102987
commissioners.	102988

(W) "Territory of the transit authority" means all of the	102989
area included within the territorial boundaries of a transit	102990
authority as they from time to time exist. Such territorial	102991
boundaries must at all times include all the area of a single	102992
county or all the area of the most populous county that is a part	102993
of such transit authority. County population shall be measured by	102994
the most recent census taken by the United States census bureau.	102995

(X) "Providing a service" means providing or furnishing	102996
anything described in division (B)(3) of this section for	102997
consideration.	102998

(Y)(1)(a) "Automatic data processing" means processing of	102999
others' data, including keypunching or similar data entry services	103000
together with verification thereof, or providing access to	103001
computer equipment for the purpose of processing data.	103002

(b) "Computer services" means providing services consisting	103003
of specifying computer hardware configurations and evaluating	103004
technical processing characteristics, computer programming, and	103005
training of computer programmers and operators, provided in	103006
conjunction with and to support the sale, lease, or operation of	103007
taxable computer equipment or systems.	103008

(c) "Electronic information services" means providing access	103009
to computer equipment by means of telecommunications equipment for	103010
the purpose of either of the following:	103011

(i) Examining or acquiring data stored in or accessible to	103012
the computer equipment;	103013

(ii) Placing data into the computer equipment to be retrieved	103014
by designated recipients with access to the computer equipment.	103015

For transactions occurring on or after the effective date of	103016
the amendment of this section by H.B. 157 of the 127th general	103017
assembly, December 21, 2007, "electronic information services"	103018
does not include electronic publishing as defined in division	103019
(LLL) of this section.	103020

(d) "Automatic data processing, computer services, or	103021
electronic information services" shall not include personal or	103022
professional services.	103023

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	103024
section, "personal and professional services" means all services	103025
other than automatic data processing, computer services, or	103026
electronic information services, including but not limited to:	103027

(a) Accounting and legal services such as advice on tax	103028
matters, asset management, budgetary matters, quality control,	103029
information security, and auditing and any other situation where	103030
the service provider receives data or information and studies,	103031
alters, analyzes, interprets, or adjusts such material;	103032

(b) Analyzing business policies and procedures;

103033

103034

(d) Feasibility studies, including economic and technical	103035
analysis of existing or potential computer hardware or software	103036
needs and alternatives;	103037

(e) Designing policies, procedures, and custom software for	103038
collecting business information, and determining how data should	103039
be summarized, sequenced, formatted, processed, controlled, and	103040
reported so that it will be meaningful to management;	103041

(f) Developing policies and procedures that document how	103042
business events and transactions are to be authorized, executed,	103043
and controlled;	103044

(g) Testing of business procedures;

103045

(h) Training personnel in business procedure applications;

103046

(i) Providing credit information to users of such information	103047
by a consumer reporting agency, as defined in the "Fair Credit	103048
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	103049
as hereafter amended, including but not limited to gathering,	103050
organizing, analyzing, recording, and furnishing such information	103051
by any oral, written, graphic, or electronic medium;	103052

(j) Providing debt collection services by any oral, written,	103053
graphic, or electronic means.	103054

The services listed in divisions (Y)(2)(a) to (j) of this	103055
section are not automatic data processing or computer services.	103056

(Z) "Highway transportation for hire" means the	103057
transportation of personal property belonging to others for	103058
consideration by any of the following:	103059

(1) The holder of a permit or certificate issued by this	103060
state or the United States authorizing the holder to engage in	103061
transportation of personal property belonging to others for	103062
consideration over or on highways, roadways, streets, or any	103063
similar public thoroughfare;	103064

(2) A person who engages in the transportation of personal	103065
property belonging to others for consideration over or on	103066
highways, roadways, streets, or any similar public thoroughfare	103067
but who could not have engaged in such transportation on December	103068
11, 1985, unless the person was the holder of a permit or	103069
certificate of the types described in division (Z)(1) of this	103070
section;	103071

(3) A person who leases a motor vehicle to and operates it	103072
for a person described by division (Z)(1) or (2) of this section.	103073

(AA)(1) "Telecommunications service" means the electronic	103074
transmission, conveyance, or routing of voice, data, audio, video,	103075
or any other information or signals to a point, or between or	103076
among points. "Telecommunications service" includes such	103077
transmission, conveyance, or routing in which computer processing	103078
applications are used to act on the form, code, or protocol of the	103079
content for purposes of transmission, conveyance, or routing	103080
without regard to whether the service is referred to as voice-over	103081
internet protocol service or is classified by the federal	103082
communications commission as enhanced or value-added.	103083
"Telecommunications service" does not include any of the	103084
following:	103085

(a) Data processing and information services that allow data	103086
to be generated, acquired, stored, processed, or retrieved and	103087
delivered by an electronic transmission to a consumer where the	103088
consumer's primary purpose for the underlying transaction is the	103089
processed data or information;	103090

(b) Installation or maintenance of wiring or equipment on a	103091
customer's premises;	103092

103093

(d) Advertising, including directory advertising;

103094

(e) Billing and collection services provided to third	103095
parties;	103096

(f) Internet access service;

103097

(g) Radio and television audio and video programming	103098
services, regardless of the medium, including the furnishing of	103099
transmission, conveyance, and routing of such services by the	103100
programming service provider. Radio and television audio and video	103101
programming services include, but are not limited to, cable	103102
service, as defined in 47 U.S.C. 522(6), and audio and video	103103
programming services delivered by commercial mobile radio service	103104
providers, as defined in 47 C.F.R. 20.3;	103105

(h) Ancillary service;

103106

(i) Digital products delivered electronically, including	103107
software, music, video, reading materials, or ring tones.	103108

(2) "Ancillary service" means a service that is associated	103109
with or incidental to the provision of telecommunications service,	103110
including conference bridging service, detailed telecommunications	103111
billing service, directory assistance, vertical service, and voice	103112
mail service. As used in this division:	103113

(a) "Conference bridging service" means an ancillary service	103114
that links two or more participants of an audio or video	103115
conference call, including providing a telephone number.	103116
"Conference bridging service" does not include telecommunications	103117
services used to reach the conference bridge.	103118

(b) "Detailed telecommunications billing service" means an	103119
ancillary service of separately stating information pertaining to	103120
individual calls on a customer's billing statement.	103121

(c) "Directory assistance" means an ancillary service of	103122
providing telephone number or address information.	103123

(d) "Vertical service" means an ancillary service that is	103124
offered in connection with one or more telecommunications	103125
services, which offers advanced calling features that allow	103126
customers to identify callers and manage multiple calls and call	103127
connections, including conference bridging service.	103128

(e) "Voice mail service" means an ancillary service that	103129
enables the customer to store, send, or receive recorded messages.	103130
"Voice mail service" does not include any vertical services that	103131
the customer may be required to have in order to utilize the voice	103132
mail service.	103133

(3) "900 service" means an inbound toll telecommunications	103134
service purchased by a subscriber that allows the subscriber's	103135
customers to call in to the subscriber's prerecorded announcement	103136
or live service, and which is typically marketed under the name	103137
"900" service and any subsequent numbers designated by the federal	103138
communications commission. "900 service" does not include the	103139
charge for collection services provided by the seller of the	103140
telecommunications service to the subscriber, or services or	103141
products sold by the subscriber to the subscriber's customer.	103142

(4) "Prepaid calling service" means the right to access	103143
exclusively telecommunications services, which must be paid for in	103144
advance and which enables the origination of calls using an access	103145
number or authorization code, whether manually or electronically	103146
dialed, and that is sold in predetermined units of dollars of	103147
which the number declines with use in a known amount.	103148

(5) "Prepaid wireless calling service" means a	103149
telecommunications service that provides the right to utilize	103150
mobile telecommunications service as well as other	103151
non-telecommunications services, including the download of digital	103152
products delivered electronically, and content and ancillary	103153
services, that must be paid for in advance and that is sold in	103154
predetermined units of dollars of which the number declines with	103155
use in a known amount.	103156

(6) "Value-added non-voice data service" means a	103157
telecommunications service in which computer processing	103158
applications are used to act on the form, content, code, or	103159
protocol of the information or data primarily for a purpose other	103160
than transmission, conveyance, or routing.	103161

(7) "Coin-operated telephone service" means a	103162
telecommunications service paid for by inserting money into a	103163
telephone accepting direct deposits of money to operate.	103164

(8) "Customer" has the same meaning as in section 5739.034 of	103165
the Revised Code.	103166

(BB) "Laundry and dry cleaning services" means removing soil	103167
or dirt from towels, linens, articles of clothing, or other fabric	103168
items that belong to others and supplying towels, linens, articles	103169
of clothing, or other fabric items. "Laundry and dry cleaning	103170
services" does not include the provision of self-service	103171
facilities for use by consumers to remove soil or dirt from	103172
towels, linens, articles of clothing, or other fabric items.	103173

(CC) "Magazines distributed as controlled circulation	103174
publications" means magazines containing at least twenty-four	103175
pages, at least twenty-five per cent editorial content, issued at	103176
regular intervals four or more times a year, and circulated	103177
without charge to the recipient, provided that such magazines are	103178
not owned or controlled by individuals or business concerns which	103179
conduct such publications as an auxiliary to, and essentially for	103180
the advancement of the main business or calling of, those who own	103181
or control them.	103182

(DD) "Landscaping and lawn care service" means the services	103183
of planting, seeding, sodding, removing, cutting, trimming,	103184
pruning, mulching, aerating, applying chemicals, watering,	103185
fertilizing, and providing similar services to establish, promote,	103186
or control the growth of trees, shrubs, flowers, grass, ground	103187
cover, and other flora, or otherwise maintaining a lawn or	103188
landscape grown or maintained by the owner for ornamentation or	103189
other nonagricultural purpose. However, "landscaping and lawn care	103190
service" does not include the providing of such services by a	103191
person who has less than five thousand dollars in sales of such	103192
services during the calendar year.	103193

(EE) "Private investigation and security service" means the	103194
performance of any activity for which the provider of such service	103195
is required to be licensed pursuant to Chapter 4749. of the	103196
Revised Code, or would be required to be so licensed in performing	103197
such services in this state, and also includes the services of	103198
conducting polygraph examinations and of monitoring or overseeing	103199
the activities on or in, or the condition of, the consumer's home,	103200
business, or other facility by means of electronic or similar	103201
monitoring devices. "Private investigation and security service"	103202
does not include special duty services provided by off-duty police	103203
officers, deputy sheriffs, and other peace officers regularly	103204
employed by the state or a political subdivision.	103205

(FF) "Information services" means providing conversation,	103206
giving consultation or advice, playing or making a voice or other	103207
recording, making or keeping a record of the number of callers,	103208
and any other service provided to a consumer by means of a nine	103209
hundred telephone call, except when the nine hundred telephone	103210
call is the means by which the consumer makes a contribution to a	103211
recognized charity.	103212

(GG) "Research and development" means designing, creating, or	103213
formulating new or enhanced products, equipment, or manufacturing	103214
processes, and also means conducting scientific or technological	103215
inquiry and experimentation in the physical sciences with the goal	103216
of increasing scientific knowledge which may reveal the bases for	103217
new or enhanced products, equipment, or manufacturing processes.	103218

(HH) "Qualified research and development equipment" means	103219
capitalized tangible personal property, and leased personal	103220
property that would be capitalized if purchased, used by a person	103221
primarily to perform research and development. Tangible personal	103222
property primarily used in testing, as defined in division (A)(4)	103223
of section 5739.011 of the Revised Code, or used for recording or	103224
storing test results, is not qualified research and development	103225
equipment unless such property is primarily used by the consumer	103226
in testing the product, equipment, or manufacturing process being	103227
created, designed, or formulated by the consumer in the research	103228
and development activity or in recording or storing such test	103229
results.	103230

(II) "Building maintenance and janitorial service" means	103231
cleaning the interior or exterior of a building and any tangible	103232
personal property located therein or thereon, including any	103233
services incidental to such cleaning for which no separate charge	103234
is made. However, "building maintenance and janitorial service"	103235
does not include the providing of such service by a person who has	103236
less than five thousand dollars in sales of such service during	103237
the calendar year.	103238

(JJ) "Employment service" means providing or supplying	103239
personnel, on a temporary or long-term basis, to perform work or	103240
labor under the supervision or control of another, when the	103241
personnel so provided or supplied receive their wages, salary, or	103242
other compensation from the provider or supplier of the employment	103243
service or from a third party that provided or supplied the	103244
personnel to the provider or supplier. "Employment service" does	103245
not include:	103246

(1) Acting as a contractor or subcontractor, where the	103247
personnel performing the work are not under the direct control of	103248
the purchaser.	103249

(2) Medical and health care services.

103250

(3) Supplying personnel to a purchaser pursuant to a contract	103251
of at least one year between the service provider and the	103252
purchaser that specifies that each employee covered under the	103253
contract is assigned to the purchaser on a permanent basis.	103254

(4) Transactions between members of an affiliated group, as	103255
defined in division (B)(3)(e) of this section.	103256

(5) Transactions where the personnel so provided or supplied	103257
by a provider or supplier to a purchaser of an employment service	103258
are then provided or supplied by that purchaser to a third party	103259
as an employment service, except "employment service" does include	103260
the transaction between that purchaser and the third party.	103261

(KK) "Employment placement service" means locating or finding	103262
employment for a person or finding or locating an employee to fill	103263
an available position.	103264

(LL) "Exterminating service" means eradicating or attempting	103265
to eradicate vermin infestations from a building or structure, or	103266
the area surrounding a building or structure, and includes	103267
activities to inspect, detect, or prevent vermin infestation of a	103268
building or structure.	103269

(MM) "Physical fitness facility service" means all	103270
transactions by which a membership is granted, maintained, or	103271
renewed, including initiation fees, membership dues, renewal fees,	103272
monthly minimum fees, and other similar fees and dues, by a	103273
physical fitness facility such as an athletic club, health spa, or	103274
gymnasium, which entitles the member to use the facility for	103275
physical exercise.	103276

(NN) "Recreation and sports club service" means all	103277
transactions by which a membership is granted, maintained, or	103278
renewed, including initiation fees, membership dues, renewal fees,	103279
monthly minimum fees, and other similar fees and dues, by a	103280
recreation and sports club, which entitles the member to use the	103281
facilities of the organization. "Recreation and sports club" means	103282
an organization that has ownership of, or controls or leases on a	103283
continuing, long-term basis, the facilities used by its members	103284
and includes an aviation club, gun or shooting club, yacht club,	103285
card club, swimming club, tennis club, golf club, country club,	103286
riding club, amateur sports club, or similar organization.	103287

(OO) "Livestock" means farm animals commonly raised for food	103288
or food production, and includes but is not limited to cattle,	103289
sheep, goats, swine, and poultry. "Livestock" does not include	103290
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	103291
animals for use in laboratories or for exhibition, or other	103292
animals not commonly raised for food or food production.	103293

(PP) "Livestock structure" means a building or structure used	103294
exclusively for the housing, raising, feeding, or sheltering of	103295
livestock, and includes feed storage or handling structures and	103296
structures for livestock waste handling.	103297

(QQ) "Horticulture" means the growing, cultivation, and	103298
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	103299
and nursery stock. As used in this division, "nursery stock" has	103300
the same meaning as in section 927.51 of the Revised Code.	103301

(RR) "Horticulture structure" means a building or structure	103302
used exclusively for the commercial growing, raising, or	103303
overwintering of horticultural products, and includes the area	103304
used for stocking, storing, and packing horticultural products	103305
when done in conjunction with the production of those products.	103306

(SS) "Newspaper" means an unbound publication bearing a title	103307
or name that is regularly published, at least as frequently as	103308
biweekly, and distributed from a fixed place of business to the	103309
public in a specific geographic area, and that contains a	103310
substantial amount of news matter of international, national, or	103311
local events of interest to the general public.	103312

(TT) "Professional racing team" means a person that employs	103313
at least twenty full-time employees for the purpose of conducting	103314
a motor vehicle racing business for profit. The person must	103315
conduct the business with the purpose of racing one or more motor	103316
racing vehicles in at least ten competitive professional racing	103317
events each year that comprise all or part of a motor racing	103318
series sanctioned by one or more motor racing sanctioning	103319
organizations. A "motor racing vehicle" means a vehicle for which	103320
the chassis, engine, and parts are designed exclusively for motor	103321
racing, and does not include a stock or production model vehicle	103322
that may be modified for use in racing. For the purposes of this	103323
division:	103324

(1) A "competitive professional racing event" is a motor	103325
vehicle racing event sanctioned by one or more motor racing	103326
sanctioning organizations, at which aggregate cash prizes in	103327
excess of eight hundred thousand dollars are awarded to the	103328
competitors.	103329

(2) "Full-time employee" means an individual who is employed	103330
for consideration for thirty-five or more hours a week, or who	103331
renders any other standard of service generally accepted by custom	103332
or specified by contract as full-time employment.	103333

(UU)(1) "Lease" or "rental" means any transfer of the	103334
possession or control of tangible personal property for a fixed or	103335
indefinite term, for consideration. "Lease" or "rental" includes	103336
future options to purchase or extend, and agreements described in	103337
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	103338
the amount of consideration may be increased or decreased by	103339
reference to the amount realized upon the sale or disposition of	103340
the property. "Lease" or "rental" does not include:	103341

(a) A transfer of possession or control of tangible personal	103342
property under a security agreement or a deferred payment plan	103343
that requires the transfer of title upon completion of the	103344
required payments;	103345

(b) A transfer of possession or control of tangible personal	103346
property under an agreement that requires the transfer of title	103347
upon completion of required payments and payment of an option	103348
price that does not exceed the greater of one hundred dollars or	103349
one per cent of the total required payments;	103350

(c) Providing tangible personal property along with an	103351
operator for a fixed or indefinite period of time, if the operator	103352
is necessary for the property to perform as designed. For purposes	103353
of this division, the operator must do more than maintain,	103354
inspect, or set-up the tangible personal property.	103355

(2) "Lease" and "rental," as defined in division (UU) of this	103356
section, shall not apply to leases or rentals that exist before	103357
June 26, 2003.	103358

(3) "Lease" and "rental" have the same meaning as in division	103359
(UU)(1) of this section regardless of whether a transaction is	103360
characterized as a lease or rental under generally accepted	103361
accounting principles, the Internal Revenue Code, Title XIII of	103362
the Revised Code, or other federal, state, or local laws.	103363

(VV) "Mobile telecommunications service" has the same meaning	103364
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	103365
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	103366
on and after August 1, 2003, includes related fees and ancillary	103367
services, including universal service fees, detailed billing	103368
service, directory assistance, service initiation, voice mail	103369
service, and vertical services, such as caller ID and three-way	103370
calling.	103371

(WW) "Certified service provider" has the same meaning as in	103372
section 5740.01 of the Revised Code.	103373

(XX) "Satellite broadcasting service" means the distribution	103374
or broadcasting of programming or services by satellite directly	103375
to the subscriber's receiving equipment without the use of ground	103376
receiving or distribution equipment, except the subscriber's	103377
receiving equipment or equipment used in the uplink process to the	103378
satellite, and includes all service and rental charges, premium	103379
channels or other special services, installation and repair	103380
service charges, and any other charges having any connection with	103381
the provision of the satellite broadcasting service.	103382

(YY) "Tangible personal property" means personal property	103383
that can be seen, weighed, measured, felt, or touched, or that is	103384
in any other manner perceptible to the senses. For purposes of	103385
this chapter and Chapter 5741. of the Revised Code, "tangible	103386
personal property" includes motor vehicles, electricity, water,	103387
gas, steam, and prewritten computer software.	103388

(ZZ) "Direct mail" means printed material delivered or	103389
distributed by United States mail or other delivery service to a	103390
mass audience or to addressees on a mailing list provided by the	103391
consumer or at the direction of the consumer when the cost of the	103392
items are not billed directly to the recipients. "Direct mail"	103393
includes tangible personal property supplied directly or	103394
indirectly by the consumer to the direct mail vendor for inclusion	103395
in the package containing the printed material. "Direct mail" does	103396
not include multiple items of printed material delivered to a	103397
single address.	103398

(AAA) "Computer" means an electronic device that accepts	103399
information in digital or similar form and manipulates it for a	103400
result based on a sequence of instructions.	103401

(BBB) "Computer software" means a set of coded instructions	103402
designed to cause a computer or automatic data processing	103403
equipment to perform a task.	103404

(CCC) "Delivered electronically" means delivery of computer	103405
software from the seller to the purchaser by means other than	103406
tangible storage media.	103407

(DDD) "Prewritten computer software" means computer software,	103408
including prewritten upgrades, that is not designed and developed	103409
by the author or other creator to the specifications of a specific	103410
purchaser. The combining of two or more prewritten computer	103411
software programs or prewritten portions thereof does not cause	103412
the combination to be other than prewritten computer software.	103413
"Prewritten computer software" includes software designed and	103414
developed by the author or other creator to the specifications of	103415
a specific purchaser when it is sold to a person other than the	103416
purchaser. If a person modifies or enhances computer software of	103417
which the person is not the author or creator, the person shall be	103418
deemed to be the author or creator only of such person's	103419
modifications or enhancements. Prewritten computer software or a	103420
prewritten portion thereof that is modified or enhanced to any	103421
degree, where such modification or enhancement is designed and	103422
developed to the specifications of a specific purchaser, remains	103423
prewritten computer software; provided, however, that where there	103424
is a reasonable, separately stated charge or an invoice or other	103425
statement of the price given to the purchaser for the modification	103426
or enhancement, the modification or enhancement shall not	103427
constitute prewritten computer software.	103428

(EEE)(1) "Food" means substances, whether in liquid,	103429
concentrated, solid, frozen, dried, or dehydrated form, that are	103430
sold for ingestion or chewing by humans and are consumed for their	103431
taste or nutritional value. "Food" does not include alcoholic	103432
beverages, dietary supplements, soft drinks, or tobacco.	103433

(2) As used in division (EEE)(1) of this section:

103434

(a) "Alcoholic beverages" means beverages that are suitable	103435
for human consumption and contain one-half of one per cent or more	103436
of alcohol by volume.	103437

(b) "Dietary supplements" means any product, other than	103438
tobacco, that is intended to supplement the diet and that is	103439
intended for ingestion in tablet, capsule, powder, softgel,	103440
gelcap, or liquid form, or, if not intended for ingestion in such	103441
a form, is not represented as conventional food for use as a sole	103442
item of a meal or of the diet; that is required to be labeled as a	103443
dietary supplement, identifiable by the "supplement facts" box	103444
found on the label, as required by 21 C.F.R. 101.36; and that	103445
contains one or more of the following dietary ingredients:	103446

(i) A vitamin;

103447

(ii) A mineral;

103448

(iii) An herb or other botanical;

103449

(iv) An amino acid;

103450

(v) A dietary substance for use by humans to supplement the	103451
diet by increasing the total dietary intake;	103452

(vi) A concentrate, metabolite, constituent, extract, or	103453
combination of any ingredient described in divisions	103454
(EEE)(2)(b)(i) to (v) of this section.	103455

(c) "Soft drinks" means nonalcoholic beverages that contain	103456
natural or artificial sweeteners. "Soft drinks" does not include	103457
beverages that contain milk or milk products, soy, rice, or	103458
similar milk substitutes, or that contains greater than fifty per	103459
cent vegetable or fruit juice by volume.	103460

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	103461
tobacco, or any other item that contains tobacco.	103462

(FFF) "Drug" means a compound, substance, or preparation, and	103463
any component of a compound, substance, or preparation, other than	103464
food, dietary supplements, or alcoholic beverages that is	103465
recognized in the official United States pharmacopoeia, official	103466
homeopathic pharmacopoeia of the United States, or official	103467
national formulary, and supplements to them; is intended for use	103468
in the diagnosis, cure, mitigation, treatment, or prevention of	103469
disease; or is intended to affect the structure or any function of	103470
the body.	103471

(GGG) "Prescription" means an order, formula, or recipe	103472
issued in any form of oral, written, electronic, or other means of	103473
transmission by a duly licensed practitioner authorized by the	103474
laws of this state to issue a prescription.	103475

(HHH) "Durable medical equipment" means equipment, including	103476
repair and replacement parts for such equipment, that can	103477
withstand repeated use, is primarily and customarily used to serve	103478
a medical purpose, generally is not useful to a person in the	103479
absence of illness or injury, and is not worn in or on the body.	103480
"Durable medical equipment" does not include mobility enhancing	103481
equipment.	103482

(III) "Mobility enhancing equipment" means equipment,	103483
including repair and replacement parts for such equipment, that is	103484
primarily and customarily used to provide or increase the ability	103485
to move from one place to another and is appropriate for use	103486
either in a home or a motor vehicle, that is not generally used by	103487
persons with normal mobility, and that does not include any motor	103488
vehicle or equipment on a motor vehicle normally provided by a	103489
motor vehicle manufacturer. "Mobility enhancing equipment" does	103490
not include durable medical equipment.	103491

(JJJ) "Prosthetic device" means a replacement, corrective, or	103492
supportive device, including repair and replacement parts for the	103493
device, worn on or in the human body to artificially replace a	103494
missing portion of the body, prevent or correct physical deformity	103495
or malfunction, or support a weak or deformed portion of the body.	103496
As used in this division, "prosthetic device" does not include	103497
corrective eyeglasses, contact lenses, or dental prosthesis.	103498

(KKK)(1) "Fractional aircraft ownership program" means a	103499
program in which persons within an affiliated group sell and	103500
manage fractional ownership program aircraft, provided that at	103501
least one hundred airworthy aircraft are operated in the program	103502
and the program meets all of the following criteria:	103503

(a) Management services are provided by at least one program	103504
manager within an affiliated group on behalf of the fractional	103505
owners.	103506

(b) Each program aircraft is owned or possessed by at least	103507
one fractional owner.	103508

(c) Each fractional owner owns or possesses at least a	103509
one-sixteenth interest in at least one fixed-wing program	103510
aircraft.	103511

(d) A dry-lease aircraft interchange arrangement is in	103512
effect among all of the fractional owners.	103513

(e) Multi-year program agreements are in effect regarding the	103514
fractional ownership, management services, and dry-lease aircraft	103515
interchange arrangement aspects of the program.	103516

(2) As used in division (KKK)(1) of this section:

103517

(a) "Affiliated group" has the same meaning as in division	103518
(B)(3)(e) of this section.	103519

(b) "Fractional owner" means a person that owns or possesses	103520
at least a one-sixteenth interest in a program aircraft and has	103521
entered into the agreements described in division (KKK)(1)(e) of	103522
this section.	103523

(c) "Fractional ownership program aircraft" or "program	103524
aircraft" means a turbojet aircraft that is owned or possessed by	103525
a fractional owner and that has been included in a dry-lease	103526
aircraft interchange arrangement and agreement under divisions	103527
(KKK)(1)(d) and (e) of this section, or an aircraft a program	103528
manager owns or possesses primarily for use in a fractional	103529
aircraft ownership program.	103530

(d) "Management services" means administrative and aviation	103531
support services furnished under a fractional aircraft ownership	103532
program in accordance with a management services agreement under	103533
division (KKK)(1)(e) of this section, and offered by the program	103534
manager to the fractional owners, including, at a minimum, the	103535
establishment and implementation of safety guidelines; the	103536
coordination of the scheduling of the program aircraft and crews;	103537
program aircraft maintenance; program aircraft insurance; crew	103538
training for crews employed, furnished, or contracted by the	103539
program manager or the fractional owner; the satisfaction of	103540
record-keeping requirements; and the development and use of an	103541
operations manual and a maintenance manual for the fractional	103542
aircraft ownership program.	103543

(e) "Program manager" means the person that offers management	103544
services to fractional owners pursuant to a management services	103545
agreement under division (KKK)(1)(e) of this section.	103546

(LLL) "Electronic publishing" means providing access to one	103547
or more of the following primarily for business customers,	103548
including the federal government or a state government or a	103549
political subdivision thereof, to conduct research: news;	103550
business, financial, legal, consumer, or credit materials;	103551
editorials, columns, reader commentary, or features; photos or	103552
images; archival or research material; legal notices, identity	103553
verification, or public records; scientific, educational,	103554
instructional, technical, professional, trade, or other literary	103555
materials; or other similar information which has been gathered	103556
and made available by the provider to the consumer in an	103557
electronic format. Providing electronic publishing includes the	103558
functions necessary for the acquisition, formatting, editing,	103559
storage, and dissemination of data or information that is the	103560
subject of a sale.	103561

(MMM) "Medicaid health insuring corporation" means a health	103562
insuring corporation that holds a certificate of authority under	103563
Chapter 1751. of the Revised Code and is under contract with the	103564
department of job and family services pursuant to section 5111.17	103565
of the Revised Code.	103566

(NNN) "Managed care premium" means any premium, capitation,	103567
or other payment a medicaid health insuring corporation receives	103568
for providing or arranging for the provision of health care	103569
services to its members or enrollees residing in this state.	103570

Sec. 5739.02. For the purpose of providing revenue with	103571
which to meet the needs of the state, for the use of the general	103572
revenue fund of the state, for the purpose of securing a thorough	103573
and efficient system of common schools throughout the state, for	103574
the purpose of affording revenues, in addition to those from	103575
general property taxes, permitted under constitutional	103576
limitations, and from other sources, for the support of local	103577
governmental functions, and for the purpose of reimbursing the	103578
state for the expense of administering this chapter, an excise tax	103579
is hereby levied on each retail sale made in this state.	103580

(A)(1) The tax shall be collected as provided in section	103581
5739.025 of the Revised Code. The rate of the tax shall be five	103582
and one-half per cent. The tax applies and is collectible when	103583
the sale is made, regardless of the time when the price is paid	103584
or delivered.	103585

(2) In the case of the lease or rental, with a fixed term of	103586
more than thirty days or an indefinite term with a minimum period	103587
of more than thirty days, of any motor vehicles designed by the	103588
manufacturer to carry a load of not more than one ton, watercraft,	103589
outboard motor, or aircraft, or of any tangible personal property,	103590
other than motor vehicles designed by the manufacturer to carry a	103591
load of more than one ton, to be used by the lessee or renter	103592
primarily for business purposes, the tax shall be collected by the	103593
vendor at the time the lease or rental is consummated and shall be	103594
calculated by the vendor on the basis of the total amount to be	103595
paid by the lessee or renter under the lease agreement. If the	103596
total amount of the consideration for the lease or rental includes	103597
amounts that are not calculated at the time the lease or rental is	103598
executed, the tax shall be calculated and collected by the vendor	103599
at the time such amounts are billed to the lessee or renter. In	103600
the case of an open-end lease or rental, the tax shall be	103601
calculated by the vendor on the basis of the total amount to be	103602
paid during the initial fixed term of the lease or rental, and for	103603
each subsequent renewal period as it comes due. As used in this	103604
division, "motor vehicle" has the same meaning as in section	103605
4501.01 of the Revised Code, and "watercraft" includes an outdrive	103606
unit attached to the watercraft.	103607

A lease with a renewal clause and a termination penalty or	103608
similar provision that applies if the renewal clause is not	103609
exercised is presumed to be a sham transaction. In such a case,	103610
the tax shall be calculated and paid on the basis of the entire	103611
length of the lease period, including any renewal periods, until	103612
the termination penalty or similar provision no longer applies.	103613
The taxpayer shall bear the burden, by a preponderance of the	103614
evidence, that the transaction or series of transactions is not a	103615
sham transaction.	103616

(3) Except as provided in division (A)(2) of this section, in	103617
the case of a sale, the price of which consists in whole or in	103618
part of the lease or rental of tangible personal property, the tax	103619
shall be measured by the installments of that lease or rental.	103620

(4) In the case of a sale of a physical fitness facility	103621
service or recreation and sports club service, the price of which	103622
consists in whole or in part of a membership for the receipt of	103623
the benefit of the service, the tax applicable to the sale shall	103624
be measured by the installments thereof.	103625

(B) The tax does not apply to the following:

103626

(1) Sales to the state or any of its political subdivisions,	103627
or to any other state or its political subdivisions if the laws of	103628
that state exempt from taxation sales made to this state and its	103629
political subdivisions;	103630

(2) Sales of food for human consumption off the premises	103631
where sold;	103632

(3) Sales of food sold to students only in a cafeteria,	103633
dormitory, fraternity, or sorority maintained in a private,	103634
public, or parochial school, college, or university;	103635

(4) Sales of newspapers and of magazine subscriptions and	103636
sales or transfers of magazines distributed as controlled	103637
circulation publications;	103638

(5) The furnishing, preparing, or serving of meals without	103639
charge by an employer to an employee provided the employer records	103640
the meals as part compensation for services performed or work	103641
done;	103642

(6) Sales of motor fuel upon receipt, use, distribution, or	103643
sale of which in this state a tax is imposed by the law of this	103644
state, but this exemption shall not apply to the sale of motor	103645
fuel on which a refund of the tax is allowable under division (A)	103646
of section 5735.14 of the Revised Code; and the tax commissioner	103647
may deduct the amount of tax levied by this section applicable to	103648
the price of motor fuel when granting a refund of motor fuel tax	103649
pursuant to division (A) of section 5735.14 of the Revised Code	103650
and shall cause the amount deducted to be paid into the general	103651
revenue fund of this state;	103652

(7) Sales of natural gas by a natural gas company, of water	103653
by a water-works company, or of steam by a heating company, if in	103654
each case the thing sold is delivered to consumers through pipes	103655
or conduits, and all sales of communications services by a	103656
telegraph company, all terms as defined in section 5727.01 of the	103657
Revised Code, and sales of electricity delivered through wires;	103658

(8) Casual sales by a person, or auctioneer employed directly	103659
by the person to conduct such sales, except as to such sales of	103660
motor vehicles, watercraft or outboard motors required to be	103661
titled under section 1548.06 of the Revised Code, watercraft	103662
documented with the United States coast guard, snowmobiles, and	103663
all-purpose vehicles as defined in section 4519.01 of the Revised	103664
Code;	103665

(9)(a) Sales of services or tangible personal property, other	103666
than motor vehicles, mobile homes, and manufactured homes, by	103667
churches, organizations exempt from taxation under section	103668
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	103669
organizations operated exclusively for charitable purposes as	103670
defined in division (B)(12) of this section, provided that the	103671
number of days on which such tangible personal property or	103672
services, other than items never subject to the tax, are sold does	103673
not exceed six in any calendar year, except as otherwise provided	103674
in division (B)(9)(b) of this section. If the number of days on	103675
which such sales are made exceeds six in any calendar year, the	103676
church or organization shall be considered to be engaged in	103677
business and all subsequent sales by it shall be subject to the	103678
tax. In counting the number of days, all sales by groups within a	103679
church or within an organization shall be considered to be sales	103680
of that church or organization.	103681

(b) The limitation on the number of days on which tax-exempt	103682
sales may be made by a church or organization under division	103683
(B)(9)(a) of this section does not apply to sales made by student	103684
clubs and other groups of students of a primary or secondary	103685
school, or a parent-teacher association, booster group, or similar	103686
organization that raises money to support or fund curricular or	103687
extracurricular activities of a primary or secondary school.	103688

(c) Divisions (B)(9)(a) and (b) of this section do not apply	103689
to sales by a noncommercial educational radio or television	103690
broadcasting station.	103691

(10) Sales not within the taxing power of this state under	103692
the Constitution of the United States;	103693

(11) Except for transactions that are sales under division	103694
(B)(3)(r) of section 5739.01 of the Revised Code, the	103695
transportation of persons or property, unless the transportation	103696
is by a private investigation and security service;	103697

(12) Sales of tangible personal property or services to	103698
churches, to organizations exempt from taxation under section	103699
501(c)(3) of the Internal Revenue Code of 1986, and to any other	103700
nonprofit organizations operated exclusively for charitable	103701
purposes in this state, no part of the net income of which inures	103702
to the benefit of any private shareholder or individual, and no	103703
substantial part of the activities of which consists of carrying	103704
on propaganda or otherwise attempting to influence legislation;	103705
sales to offices administering one or more homes for the aged or	103706
one or more hospital facilities exempt under section 140.08 of the	103707
Revised Code; and sales to organizations described in division (D)	103708
of section 5709.12 of the Revised Code.	103709

"Charitable purposes" means the relief of poverty; the	103710
improvement of health through the alleviation of illness, disease,	103711
or injury; the operation of an organization exclusively for the	103712
provision of professional, laundry, printing, and purchasing	103713
services to hospitals or charitable institutions; the operation of	103714
a home for the aged, as defined in section 5701.13 of the Revised	103715
Code; the operation of a radio or television broadcasting station	103716
that is licensed by the federal communications commission as a	103717
noncommercial educational radio or television station; the	103718
operation of a nonprofit animal adoption service or a county	103719
humane society; the promotion of education by an institution of	103720
learning that maintains a faculty of qualified instructors,	103721
teaches regular continuous courses of study, and confers a	103722
recognized diploma upon completion of a specific curriculum; the	103723
operation of a parent-teacher association, booster group, or	103724
similar organization primarily engaged in the promotion and	103725
support of the curricular or extracurricular activities of a	103726
primary or secondary school; the operation of a community or area	103727
center in which presentations in music, dramatics, the arts, and	103728
related fields are made in order to foster public interest and	103729
education therein; the production of performances in music,	103730
dramatics, and the arts; or the promotion of education by an	103731
organization engaged in carrying on research in, or the	103732
dissemination of, scientific and technological knowledge and	103733
information primarily for the public.	103734

Nothing in this division shall be deemed to exempt sales to	103735
any organization for use in the operation or carrying on of a	103736
trade or business, or sales to a home for the aged for use in the	103737
operation of independent living facilities as defined in division	103738
(A) of section 5709.12 of the Revised Code.	103739

(13) Building and construction materials and services sold to	103740
construction contractors for incorporation into a structure or	103741
improvement to real property under a construction contract with	103742
this state or a political subdivision of this state, or with the	103743
United States government or any of its agencies; building and	103744
construction materials and services sold to construction	103745
contractors for incorporation into a structure or improvement to	103746
real property that are accepted for ownership by this state or any	103747
of its political subdivisions, or by the United States government	103748
or any of its agencies at the time of completion of the structures	103749
or improvements; building and construction materials sold to	103750
construction contractors for incorporation into a horticulture	103751
structure or livestock structure for a person engaged in the	103752
business of horticulture or producing livestock; building	103753
materials and services sold to a construction contractor for	103754
incorporation into a house of public worship or religious	103755
education, or a building used exclusively for charitable purposes	103756
under a construction contract with an organization whose purpose	103757
is as described in division (B)(12) of this section; building	103758
materials and services sold to a construction contractor for	103759
incorporation into a building under a construction contract with	103760
an organization exempt from taxation under section 501(c)(3) of	103761
the Internal Revenue Code of 1986 when the building is to be used	103762
exclusively for the organization's exempt purposes; building and	103763
construction materials sold for incorporation into the original	103764
construction of a sports facility under section 307.696 of the	103765
Revised Code; and building and construction materials and services	103766
sold to a construction contractor for incorporation into real	103767
property outside this state if such materials and services, when	103768
sold to a construction contractor in the state in which the real	103769
property is located for incorporation into real property in that	103770
state, would be exempt from a tax on sales levied by that state;	103771

(14) Sales of ships or vessels or rail rolling stock used or	103772
to be used principally in interstate or foreign commerce, and	103773
repairs, alterations, fuel, and lubricants for such ships or	103774
vessels or rail rolling stock;	103775

(15) Sales to persons primarily engaged in any of the	103776
activities mentioned in division (B)(42)(a) or (g) of this	103777
section, to persons engaged in making retail sales, or to persons	103778
who purchase for sale from a manufacturer tangible personal	103779
property that was produced by the manufacturer in accordance with	103780
specific designs provided by the purchaser, of packages, including	103781
material, labels, and parts for packages, and of machinery,	103782
equipment, and material for use primarily in packaging tangible	103783
personal property produced for sale, including any machinery,	103784
equipment, and supplies used to make labels or packages, to	103785
prepare packages or products for labeling, or to label packages or	103786
products, by or on the order of the person doing the packaging, or	103787
sold at retail. "Packages" includes bags, baskets, cartons,	103788
crates, boxes, cans, bottles, bindings, wrappings, and other	103789
similar devices and containers, but does not include motor	103790
vehicles or bulk tanks, trailers, or similar devices attached to	103791
motor vehicles. "Packaging" means placing in a package. Division	103792
(B)(15) of this section does not apply to persons engaged in	103793
highway transportation for hire.	103794

(16) Sales of food to persons using ~~food stamp~~supplemental	103795
nutrition assistance program benefits to purchase the food. As	103796
used in this division, "food" has the same meaning as in ~~the~~	103797
~~"Food Stamp Act of 1977," 91 Stat. 958,~~ 7 U.S.C. 2012~~, as~~	103798
~~amended,~~ and federal regulations adopted pursuant to ~~that act~~the	103799
Food and Nutrition Act of 2008.	103800

(17) Sales to persons engaged in farming, agriculture,	103801
horticulture, or floriculture, of tangible personal property for	103802
use or consumption directly in the production by farming,	103803
agriculture, horticulture, or floriculture of other tangible	103804
personal property for use or consumption directly in the	103805
production of tangible personal property for sale by farming,	103806
agriculture, horticulture, or floriculture; or material and parts	103807
for incorporation into any such tangible personal property for use	103808
or consumption in production; and of tangible personal property	103809
for such use or consumption in the conditioning or holding of	103810
products produced by and for such use, consumption, or sale by	103811
persons engaged in farming, agriculture, horticulture, or	103812
floriculture, except where such property is incorporated into real	103813
property;	103814

(18) Sales of drugs for a human being that may be dispensed	103815
only pursuant to a prescription; insulin as recognized in the	103816
official United States pharmacopoeia; urine and blood testing	103817
materials when used by diabetics or persons with hypoglycemia to	103818
test for glucose or acetone; hypodermic syringes and needles when	103819
used by diabetics for insulin injections; epoetin alfa when	103820
purchased for use in the treatment of persons with medical	103821
disease; hospital beds when purchased by hospitals, nursing homes,	103822
or other medical facilities; and medical oxygen and medical	103823
oxygen-dispensing equipment when purchased by hospitals, nursing	103824
homes, or other medical facilities;	103825

(19) Sales of prosthetic devices, durable medical equipment	103826
for home use, or mobility enhancing equipment, when made pursuant	103827
to a prescription and when such devices or equipment are for use	103828
by a human being.	103829

(20) Sales of emergency and fire protection vehicles and	103830
equipment to nonprofit organizations for use solely in providing	103831
fire protection and emergency services, including trauma care and	103832
emergency medical services, for political subdivisions of the	103833
state;	103834

(21) Sales of tangible personal property manufactured in this	103835
state, if sold by the manufacturer in this state to a retailer for	103836
use in the retail business of the retailer outside of this state	103837
and if possession is taken from the manufacturer by the purchaser	103838
within this state for the sole purpose of immediately removing the	103839
same from this state in a vehicle owned by the purchaser;	103840

(22) Sales of services provided by the state or any of its	103841
political subdivisions, agencies, instrumentalities, institutions,	103842
or authorities, or by governmental entities of the state or any of	103843
its political subdivisions, agencies, instrumentalities,	103844
institutions, or authorities;	103845

(23) Sales of motor vehicles to nonresidents of this state	103846
under the circumstances described in division (B) of section	103847
5739.029 of the Revised Code;	103848

(24) Sales to persons engaged in the preparation of eggs for	103849
sale of tangible personal property used or consumed directly in	103850
such preparation, including such tangible personal property used	103851
for cleaning, sanitizing, preserving, grading, sorting, and	103852
classifying by size; packages, including material and parts for	103853
packages, and machinery, equipment, and material for use in	103854
packaging eggs for sale; and handling and transportation equipment	103855
and parts therefor, except motor vehicles licensed to operate on	103856
public highways, used in intraplant or interplant transfers or	103857
shipment of eggs in the process of preparation for sale, when the	103858
plant or plants within or between which such transfers or	103859
shipments occur are operated by the same person. "Packages"	103860
includes containers, cases, baskets, flats, fillers, filler flats,	103861
cartons, closure materials, labels, and labeling materials, and	103862
"packaging" means placing therein.	103863

(25)(a) Sales of water to a consumer for residential use,	103864
except the sale of bottled water, distilled water, mineral water,	103865
carbonated water, or ice;	103866

(b) Sales of water by a nonprofit corporation engaged	103867
exclusively in the treatment, distribution, and sale of water to	103868
consumers, if such water is delivered to consumers through pipes	103869
or tubing.	103870

(26) Fees charged for inspection or reinspection of motor	103871
vehicles under section 3704.14 of the Revised Code;	103872

(27) Sales to persons licensed to conduct a food service	103873
operation pursuant to section 3717.43 of the Revised Code, of	103874
tangible personal property primarily used directly for the	103875
following:	103876

(a) To prepare food for human consumption for sale;

103877

(b) To preserve food that has been or will be prepared for	103878
human consumption for sale by the food service operator, not	103879
including tangible personal property used to display food for	103880
selection by the consumer;	103881

(c) To clean tangible personal property used to prepare or	103882
serve food for human consumption for sale.	103883

(28) Sales of animals by nonprofit animal adoption services	103884
or county humane societies;	103885

(29) Sales of services to a corporation described in division	103886
(A) of section 5709.72 of the Revised Code, and sales of tangible	103887
personal property that qualifies for exemption from taxation under	103888
section 5709.72 of the Revised Code;	103889

(30) Sales and installation of agricultural land tile, as	103890
defined in division (B)(5)(a) of section 5739.01 of the Revised	103891
Code;	103892

(31) Sales and erection or installation of portable grain	103893
bins, as defined in division (B)(5)(b) of section 5739.01 of the	103894
Revised Code;	103895

(32) The sale, lease, repair, and maintenance of, parts for,	103896
or items attached to or incorporated in, motor vehicles that are	103897
primarily used for transporting tangible personal property	103898
belonging to others by a person engaged in highway transportation	103899
for hire, except for packages and packaging used for the	103900
transportation of tangible personal property;	103901

(33) Sales to the state headquarters of any veterans'	103902
organization in this state that is either incorporated and issued	103903
a charter by the congress of the United States or is recognized by	103904
the United States veterans administration, for use by the	103905
headquarters;	103906

(34) Sales to a telecommunications service vendor, mobile	103907
telecommunications service vendor, or satellite broadcasting	103908
service vendor of tangible personal property and services used	103909
directly and primarily in transmitting, receiving, switching, or	103910
recording any interactive, one- or two-way electromagnetic	103911
communications, including voice, image, data, and information,	103912
through the use of any medium, including, but not limited to,	103913
poles, wires, cables, switching equipment, computers, and record	103914
storage devices and media, and component parts for the tangible	103915
personal property. The exemption provided in this division shall	103916
be in lieu of all other exemptions under division (B)(42)(a) of	103917
this section to which the vendor may otherwise be entitled, based	103918
upon the use of the thing purchased in providing the	103919
telecommunications, mobile telecommunications, or satellite	103920
broadcasting service.	103921

(35)(a) Sales where the purpose of the consumer is to use or	103922
consume the things transferred in making retail sales and	103923
consisting of newspaper inserts, catalogues, coupons, flyers, gift	103924
certificates, or other advertising material that prices and	103925
describes tangible personal property offered for retail sale.	103926

(b) Sales to direct marketing vendors of preliminary	103927
materials such as photographs, artwork, and typesetting that will	103928
be used in printing advertising material; of printed matter that	103929
offers free merchandise or chances to win sweepstake prizes and	103930
that is mailed to potential customers with advertising material	103931
described in division (B)(35)(a) of this section; and of equipment	103932
such as telephones, computers, facsimile machines, and similar	103933
tangible personal property primarily used to accept orders for	103934
direct marketing retail sales.	103935

(c) Sales of automatic food vending machines that preserve	103936
food with a shelf life of forty-five days or less by refrigeration	103937
and dispense it to the consumer.	103938

For purposes of division (B)(35) of this section, "direct	103939
marketing" means the method of selling where consumers order	103940
tangible personal property by United States mail, delivery	103941
service, or telecommunication and the vendor delivers or ships the	103942
tangible personal property sold to the consumer from a warehouse,	103943
catalogue distribution center, or similar fulfillment facility by	103944
means of the United States mail, delivery service, or common	103945
carrier.	103946

(36) Sales to a person engaged in the business of	103947
horticulture or producing livestock of materials to be	103948
incorporated into a horticulture structure or livestock structure;	103949

(37) Sales of personal computers, computer monitors, computer	103950
keyboards, modems, and other peripheral computer equipment to an	103951
individual who is licensed or certified to teach in an elementary	103952
or a secondary school in this state for use by that individual in	103953
preparation for teaching elementary or secondary school students;	103954

(38) Sales to a professional racing team of any of the	103955
following:	103956

(a) Motor racing vehicles;

103957

(b) Repair services for motor racing vehicles;

103958

(c) Items of property that are attached to or incorporated in	103959
motor racing vehicles, including engines, chassis, and all other	103960
components of the vehicles, and all spare, replacement, and	103961
rebuilt parts or components of the vehicles; except not including	103962
tires, consumable fluids, paint, and accessories consisting of	103963
instrumentation sensors and related items added to the vehicle to	103964
collect and transmit data by means of telemetry and other forms of	103965
communication.	103966

(39) Sales of used manufactured homes and used mobile homes,	103967
as defined in section 5739.0210 of the Revised Code, made on or	103968
after January 1, 2000;	103969

(40) Sales of tangible personal property and services to a	103970
provider of electricity used or consumed directly and primarily in	103971
generating, transmitting, or distributing electricity for use by	103972
others, including property that is or is to be incorporated into	103973
and will become a part of the consumer's production, transmission,	103974
or distribution system and that retains its classification as	103975
tangible personal property after incorporation; fuel or power used	103976
in the production, transmission, or distribution of electricity;	103977
and tangible personal property and services used in the repair and	103978
maintenance of the production, transmission, or distribution	103979
system, including only those motor vehicles as are specially	103980
designed and equipped for such use. The exemption provided in this	103981
division shall be in lieu of all other exemptions in division	103982
(B)(42)(a) of this section to which a provider of electricity may	103983
otherwise be entitled based on the use of the tangible personal	103984
property or service purchased in generating, transmitting, or	103985
distributing electricity.	103986

(41) Sales to a person providing services under division	103987
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	103988
personal property and services used directly and primarily in	103989
providing taxable services under that section.	103990

(42) Sales where the purpose of the purchaser is to do any of	103991
the following:	103992

(a) To incorporate the thing transferred as a material or a	103993
part into tangible personal property to be produced for sale by	103994
manufacturing, assembling, processing, or refining; or to use or	103995
consume the thing transferred directly in producing tangible	103996
personal property for sale by mining, including, without	103997
limitation, the extraction from the earth of all substances that	103998
are classed geologically as minerals, production of crude oil and	103999
natural gas, farming, agriculture, horticulture, or floriculture,	104000
or directly in the rendition of a public utility service, except	104001
that the sales tax levied by this section shall be collected upon	104002
all meals, drinks, and food for human consumption sold when	104003
transporting persons. Persons engaged in rendering farming,	104004
agricultural, horticultural, or floricultural services, and	104005
services in the exploration for, and production of, crude oil and	104006
natural gas, for others are deemed engaged directly in farming,	104007
agriculture, horticulture, and floriculture, or exploration for,	104008
and production of, crude oil and natural gas. This paragraph does	104009
not exempt from "retail sale" or "sales at retail" the sale of	104010
tangible personal property that is to be incorporated into a	104011
structure or improvement to real property.	104012

(b) To hold the thing transferred as security for the	104013
performance of an obligation of the vendor;	104014

(c) To resell, hold, use, or consume the thing transferred as	104015
evidence of a contract of insurance;	104016

(d) To use or consume the thing directly in commercial	104017
fishing;	104018

(e) To incorporate the thing transferred as a material or a	104019
part into, or to use or consume the thing transferred directly in	104020
the production of, magazines distributed as controlled circulation	104021
publications;	104022

(f) To use or consume the thing transferred in the production	104023
and preparation in suitable condition for market and sale of	104024
printed, imprinted, overprinted, lithographic, multilithic,	104025
blueprinted, photostatic, or other productions or reproductions of	104026
written or graphic matter;	104027

(g) To use the thing transferred, as described in section	104028
5739.011 of the Revised Code, primarily in a manufacturing	104029
operation to produce tangible personal property for sale;	104030

(h) To use the benefit of a warranty, maintenance or service	104031
contract, or similar agreement, as described in division (B)(7) of	104032
section 5739.01 of the Revised Code, to repair or maintain	104033
tangible personal property, if all of the property that is the	104034
subject of the warranty, contract, or agreement would not be	104035
subject to the tax imposed by this section;	104036

(i) To use the thing transferred as qualified research and	104037
development equipment;	104038

(j) To use or consume the thing transferred primarily in	104039
storing, transporting, mailing, or otherwise handling purchased	104040
sales inventory in a warehouse, distribution center, or similar	104041
facility when the inventory is primarily distributed outside this	104042
state to retail stores of the person who owns or controls the	104043
warehouse, distribution center, or similar facility, to retail	104044
stores of an affiliated group of which that person is a member, or	104045
by means of direct marketing. This division does not apply to	104046
motor vehicles registered for operation on the public highways. As	104047
used in this division, "affiliated group" has the same meaning as	104048
in division (B)(3)(e) of section 5739.01 of the Revised Code and	104049
"direct marketing" has the same meaning as in division (B)(35) of	104050
this section.	104051

(k) To use or consume the thing transferred to fulfill a	104052
contractual obligation incurred by a warrantor pursuant to a	104053
warranty provided as a part of the price of the tangible personal	104054
property sold or by a vendor of a warranty, maintenance or service	104055
contract, or similar agreement the provision of which is defined	104056
as a sale under division (B)(7) of section 5739.01 of the Revised	104057
Code;	104058

(l) To use or consume the thing transferred in the production	104059
of a newspaper for distribution to the public;	104060

(m) To use tangible personal property to perform a service	104061
listed in division (B)(3) of section 5739.01 of the Revised Code,	104062
if the property is or is to be permanently transferred to the	104063
consumer of the service as an integral part of the performance of	104064
the service;	104065

(n) To use or consume the thing transferred in acquiring,	104066
formatting, editing, storing, and disseminating data or	104067
information by electronic publishing.	104068

As used in division (B)(42) of this section, "thing" includes	104069
all transactions included in divisions (B)(3)(a), (b), and (e) of	104070
section 5739.01 of the Revised Code.	104071

(43) Sales conducted through a coin operated device that	104072
activates vacuum equipment or equipment that dispenses water,	104073
whether or not in combination with soap or other cleaning agents	104074
or wax, to the consumer for the consumer's use on the premises in	104075
washing, cleaning, or waxing a motor vehicle, provided no other	104076
personal property or personal service is provided as part of the	104077
transaction.	104078

(44) Sales of replacement and modification parts for engines,	104079
airframes, instruments, and interiors in, and paint for, aircraft	104080
used primarily in a fractional aircraft ownership program, and	104081
sales of services for the repair, modification, and maintenance of	104082
such aircraft, and machinery, equipment, and supplies primarily	104083
used to provide those services.	104084

(45) Sales of telecommunications service that is used	104085
directly and primarily to perform the functions of a call center.	104086
As used in this division, "call center" means any physical	104087
location where telephone calls are placed or received in high	104088
volume for the purpose of making sales, marketing, customer	104089
service, technical support, or other specialized business	104090
activity, and that employs at least fifty individuals that engage	104091
in call center activities on a full-time basis, or sufficient	104092
individuals to fill fifty full-time equivalent positions.	104093

(46) Sales by a telecommunications service vendor of 900	104094
service to a subscriber. This division does not apply to	104095
information services, as defined in division (FF) of section	104096
5739.01 of the Revised Code.	104097

(47) Sales of value-added non-voice data service. This	104098
division does not apply to any similar service that is not	104099
otherwise a telecommunications service.	104100

(48)(a) Sales of machinery, equipment, and software to a	104101
qualified direct selling entity for use in a warehouse or	104102
distribution center primarily for storing, transporting, or	104103
otherwise handling inventory that is held for sale to independent	104104
salespersons who operate as direct sellers and that is held	104105
primarily for distribution outside this state;	104106

(b) As used in division (B)(48)(a) of this section:

104107

(i) "Direct seller" means a person selling consumer products	104108
to individuals for personal or household use and not from a fixed	104109
retail location, including selling such product at in-home product	104110
demonstrations, parties, and other one-on-one selling.	104111

(ii) "Qualified direct selling entity" means an entity	104112
selling to direct sellers at the time the entity enters into a tax	104113
credit agreement with the tax credit authority pursuant to section	104114
122.17 of the Revised Code, provided that the agreement was	104115
entered into on or after January 1, 2007. Neither contingencies	104116
relevant to the granting of, nor later developments with respect	104117
to, the tax credit shall impair the status of the qualified direct	104118
selling entity under division (B)(48) of this section after	104119
execution of the tax credit agreement by the tax credit authority.	104120

(c) Division (B)(48) of this section is limited to machinery,	104121
equipment, and software first stored, used, or consumed in this	104122
state within the period commencing June 24, 2008, and ending on	104123
the date that is five years after that date.	104124

(49) Sales of materials, parts, equipment, or engines used	104125
in the repair or maintenance of aircraft or avionics systems of	104126
such aircraft, and sales of repair, remodeling, replacement, or	104127
maintenance services in this state performed on aircraft or on	104128
an aircraft's avionics, engine, or component materials or parts.	104129
As used in division (B)(49) of this section, "aircraft" means	104130
aircraft of more than six thousand pounds maximum certified	104131
takeoff weight or used exclusively in general aviation.	104132

(50) Sales of full flight simulators that are used for pilot	104133
or flight-crew training, sales of repair or replacement parts or	104134
components, and sales of repair or maintenance services for such	104135
full flight simulators. "Full flight simulator" means a replica	104136
of a specific type, or make, model, and series of aircraft	104137
cockpit. It includes the assemblage of equipment and computer	104138
programs necessary to represent aircraft operations in ground and	104139
flight conditions, a visual system providing an	104140
out-of-the-cockpit view, and a system that provides cues at	104141
least equivalent to those of a three-degree-of-freedom motion	104142
system, and has the full range of capabilities of the systems	104143
installed in the device as described in appendices A and B of	104144
part 60 of chapter 1 of title 14 of the Code of Federal	104145
Regulations.	104146

(C) For the purpose of the proper administration of this	104147
chapter, and to prevent the evasion of the tax, it is presumed	104148
that all sales made in this state are subject to the tax until the	104149
contrary is established.	104150

(D) The levy of this tax on retail sales of recreation and	104151
sports club service shall not prevent a municipal corporation from	104152
levying any tax on recreation and sports club dues or on any	104153
income generated by recreation and sports club dues.	104154

(E) The tax collected by the vendor from the consumer under	104155
this chapter is not part of the price, but is a tax collection for	104156
the benefit of the state, and of counties levying an additional	104157
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	104158
Code and of transit authorities levying an additional sales tax	104159
pursuant to section 5739.023 of the Revised Code. Except for the	104160
discount authorized under section 5739.12 of the Revised Code and	104161
the effects of any rounding pursuant to section 5703.055 of the	104162
Revised Code, no person other than the state or such a county or	104163
transit authority shall derive any benefit from the collection or	104164
payment of the tax levied by this section or section 5739.021,	104165
5739.023, or 5739.026 of the Revised Code.	104166

Sec. 5739.03. (A) Except as provided in section 5739.05 or	104167
section 5739.051 of the Revised Code, the tax imposed by or	104168
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	104169
the Revised Code shall be paid by the consumer to the vendor, and	104170
each vendor shall collect from the consumer, as a trustee for the	104171
state of Ohio, the full and exact amount of the tax payable on	104172
each taxable sale, in the manner and at the times provided as	104173
follows:	104174

(1) If the price is, at or prior to the provision of the	104175
service or the delivery of possession of the thing sold to the	104176
consumer, paid in currency passed from hand to hand by the	104177
consumer or the consumer's agent to the vendor or the vendor's	104178
agent, the vendor or the vendor's agent shall collect the tax with	104179
and at the same time as the price;	104180

(2) If the price is otherwise paid or to be paid, the vendor	104181
or the vendor's agent shall, at or prior to the provision of the	104182
service or the delivery of possession of the thing sold to the	104183
consumer, charge the tax imposed by or pursuant to section	104184
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to	104185
the account of the consumer, which amount shall be collected by	104186
the vendor from the consumer in addition to the price. Such sale	104187
shall be reported on and the amount of the tax applicable thereto	104188
shall be remitted with the return for the period in which the sale	104189
is made, and the amount of the tax shall become a legal charge in	104190
favor of the vendor and against the consumer.	104191

(B)(1)(a) If any sale is claimed to be exempt under division	104192
(E) of section 5739.01 of the Revised Code or under section	104193
5739.02 of the Revised Code, with the exception of divisions	104194
(B)(1) to (11) or (28) of section 5739.02 of the Revised Code, the	104195
consumer must provide to the vendor, and the vendor must obtain	104196
from the consumer, a certificate specifying the reason that the	104197
sale is not legally subject to the tax. The certificate shall be	104198
in such form, and shall be provided either in a hard copy form or	104199
electronic form, as the tax commissioner prescribes.	104200

(b) A vendor that obtains a fully completed exemption	104201
certificate from a consumer is relieved of liability for	104202
collecting and remitting tax on any sale covered by that	104203
certificate. If it is determined the exemption was improperly	104204
claimed, the consumer shall be liable for any tax due on that sale	104205
under section 5739.02, 5739.021, 5739.023, or 5739.026 or Chapter	104206
5741. of the Revised Code. Relief under this division from	104207
liability does not apply to any of the following:	104208

(i) A vendor that fraudulently fails to collect tax;

104209

(ii) A vendor that solicits consumers to participate in the	104210
unlawful claim of an exemption;	104211

(iii) A vendor that accepts an exemption certificate from a	104212
consumer that claims an exemption based on who purchases or who	104213
sells property or a service, when the subject of the transaction	104214
sought to be covered by the exemption certificate is actually	104215
received by the consumer at a location operated by the vendor in	104216
this state, and this state has posted to its web site an exemption	104217
certificate form that clearly and affirmatively indicates that the	104218
claimed exemption is not available in this state;	104219

(iv) A vendor that accepts an exemption certificate from a	104220
consumer who claims a multiple points of use exemption under	104221
division (D) of section 5739.033 of the Revised Code, if the item	104222
purchased is tangible personal property, other than prewritten	104223
computer software.	104224

(2) The vendor shall maintain records, including exemption	104225
certificates, of all sales on which a consumer has claimed an	104226
exemption, and provide them to the tax commissioner on request.	104227

(3) The tax commissioner may establish an identification	104228
system whereby the commissioner issues an identification number to	104229
a consumer that is exempt from payment of the tax. The consumer	104230
must present the number to the vendor, if any sale is claimed to	104231
be exempt as provided in this section.	104232

(4) If no certificate is provided or obtained within ninety	104233
days after the date on which such sale is consummated, it shall be	104234
presumed that the tax applies. Failure to have so provided or	104235
obtained a certificate shall not preclude a vendor, within one	104236
hundred twenty days after the tax commissioner gives written	104237
notice of intent to levy an assessment, from either establishing	104238
that the sale is not subject to the tax, or obtaining, in good	104239
faith, a fully completed exemption certificate.	104240

(5) Certificates need not be obtained nor provided where the	104241
identity of the consumer is such that the transaction is never	104242
subject to the tax imposed or where the item of tangible personal	104243
property sold or the service provided is never subject to the tax	104244
imposed, regardless of use, or when the sale is in interstate	104245
commerce.	104246

(6) If a transaction is claimed to be exempt under division	104247
(B)(13) of section 5739.02 of the Revised Code, the contractor	104248
shall obtain certification of the claimed exemption from the	104249
contractee. This certification shall be in addition to an	104250
exemption certificate provided by the contractor to the vendor. A	104251
contractee that provides a certification under this division shall	104252
be deemed to be the consumer of all items purchased by the	104253
contractor under the claim of exemption, if it is subsequently	104254
determined that the exemption is not properly claimed. The	104255
certification shall be in such form as the tax commissioner	104256
prescribes.	104257

(C) As used in this division, "contractee" means a person who	104258
seeks to enter or enters into a contract or agreement with a	104259
contractor or vendor for the construction of real property or for	104260
the sale and installation onto real property of tangible personal	104261
property.	104262

Any contractor or vendor may request from any contractee a	104263
certification of what portion of the property to be transferred	104264
under such contract or agreement is to be incorporated into the	104265
realty and what portion will retain its status as tangible	104266
personal property after installation is completed. The contractor	104267
or vendor shall request the certification by certified mail	104268
delivered to the contractee, return receipt requested. Upon	104269
receipt of such request and prior to entering into the contract or	104270
agreement, the contractee shall provide to the contractor or	104271
vendor a certification sufficiently detailed to enable the	104272
contractor or vendor to ascertain the resulting classification of	104273
all materials purchased or fabricated by the contractor or vendor	104274
and transferred to the contractee. This requirement applies to a	104275
contractee regardless of whether the contractee holds a direct	104276
payment permit under section 5739.031 of the Revised Code or	104277
provides to the contractor or vendor an exemption certificate as	104278
provided under this section.	104279

For the purposes of the taxes levied by this chapter and	104280
Chapter 5741. of the Revised Code, the contractor or vendor may in	104281
good faith rely on the contractee's certification. Notwithstanding	104282
division (B) of section 5739.01 of the Revised Code, if the tax	104283
commissioner determines that certain property certified by the	104284
contractee as tangible personal property pursuant to this division	104285
is, in fact, real property, the contractee shall be considered to	104286
be the consumer of all materials so incorporated into that real	104287
property and shall be liable for the applicable tax, and the	104288
contractor or vendor shall be excused from any liability on those	104289
materials.	104290

If a contractee fails to provide such certification upon the	104291
request of the contractor or vendor, the contractor or vendor	104292
shall comply with the provisions of this chapter and Chapter 5741.	104293
of the Revised Code without the certification. If the tax	104294
commissioner determines that such compliance has been performed in	104295
good faith and that certain property treated as tangible personal	104296
property by the contractor or vendor is, in fact, real property,	104297
the contractee shall be considered to be the consumer of all	104298
materials so incorporated into that real property and shall be	104299
liable for the applicable tax, and the construction contractor or	104300
vendor shall be excused from any liability on those materials.	104301

This division does not apply to any contract or agreement	104302
where the tax commissioner determines as a fact that a	104303
certification under this division was made solely on the decision	104304
or advice of the contractor or vendor.	104305

(D) Notwithstanding division (B) of section 5739.01 of the	104306
Revised Code, whenever the total rate of tax imposed under this	104307
chapter is increased after the date after a construction contract	104308
is entered into, the contractee shall reimburse the construction	104309
contractor for any additional tax paid on tangible property	104310
consumed or services received pursuant to the contract.	104311

(E) A vendor who files a petition for reassessment contesting	104312
the assessment of tax on sales for which the vendor obtained no	104313
valid exemption certificates and for which the vendor failed to	104314
establish that the sales were properly not subject to the tax	104315
during the one-hundred-twenty-day period allowed under division	104316
(B) of this section, may present to the tax commissioner	104317
additional evidence to prove that the sales were properly subject	104318
to a claim of exception or exemption. The vendor shall file such	104319
evidence within ninety days of the receipt by the vendor of the	104320
notice of assessment, except that, upon application and for	104321
reasonable cause, the period for submitting such evidence shall be	104322
extended thirty days.	104323

The commissioner shall consider such additional evidence in	104324
reaching the final determination on the assessment and petition	104325
for reassessment.	104326

(F) Whenever a vendor refunds the price, minus any	104327
separately stated delivery charge, of an item of tangible	104328
personal property on which the tax imposed under this chapter has	104329
been paid, the vendor shall also refund the amount of tax paid,	104330
minus the amount of tax attributable to the delivery charge.	104331

Sec. 5739.033. (A) Except as provided in division (B) of	104332
this section, divisions (C) to (I) of this section apply to sales	104333
made on and after January 1, 2008. Any vendor previously required	104334
to comply with divisions (C) to (I) of this section and any	104335
vendor that irrevocably elects to comply with divisions (C) to	104336
(I) of this section for all of the vendor's sales and places of	104337
business in this state shall continue to source its sales under	104338
those divisions.	104339

The amount of tax due pursuant to sections 5739.02, 5739.021,	104340
5739.023, and 5739.026 of the Revised Code is the sum of the taxes	104341
imposed pursuant to those sections at the sourcing location of the	104342
sale as determined under this section or, if applicable, under	104343
division (C) of section 5739.031 or section 5739.034 of the	104344
Revised Code, or at the situs of the sale as determined under	104345
section 5739.035 of the Revised Code. This section applies only to	104346
a vendor's or seller's obligation to collect and remit sales taxes	104347
under section 5739.02, 5739.021, 5739.023, or 5739.026 of the	104348
Revised Code or use taxes under section 5741.02, 5741.021,	104349
5741.022, or 5741.023 of the Revised Code. Division (A) of this	104350
section does not apply in determining the jurisdiction for which	104351
sellers are required to collect the use tax under section 5741.05	104352
of the Revised Code. This section does not affect the obligation	104353
of a consumer to remit use taxes on the storage, use, or other	104354
consumption of tangible personal property or on the benefit	104355
realized of any service provided, to the jurisdiction of that	104356
storage, use, or consumption, or benefit realized.	104357

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

104358

(a) "Delivery sale" means the taxable sale of tangible	104359
personal property or a service that is received by a consumer, or	104360
a donee designated by the consumer, in a taxing jurisdiction that	104361
is not the taxing jurisdiction in which the vendor has a fixed	104362
place of business.	104363

(b) "Agreement" has the same meaning as in section 5740.01 of	104364
the Revised Code.	104365

(c) "Governing board" has the same meaning as in section	104366
5740.02 of the Revised Code.	104367

(2) If the tax commissioner does not make the certification	104368
under section 5740.10 of the Revised Code, a vendor that is not	104369
required by division (A) of this section to situs sales under	104370
divisions (C) to (I) of this section on the date of the	104371
commissioner's certification may continue after that date to	104372
situs its sales under section 5739.035 of the Revised Code unless	104373
it is required, under division (B)(5) of this section, to situs	104374
its sales under divisions (C) to (I) of this section.	104375

(3) Except as otherwise provided in divisions (B)(4) and (5)	104376
of this section, a vendor with total delivery sales within this	104377
state in prior calendar years, beginning with calendar year 2007,	104378
of less than five hundred thousand dollars may situs its sales	104379
under section 5739.035 of the Revised Code.	104380

(4) Once a vendor has total delivery sales in this state of	104381
five hundred thousand dollars or more for a prior calendar year,	104382
the vendor shall source its sales under divisions (C) to (I) of	104383
this section and shall continue to source its sales under those	104384
divisions regardless of the amount of the vendor's total delivery	104385
sales in future years.	104386

(5) A vendor permitted under division (B)(3) of this section	104387
to situs its sales under section 5739.035 of the Revised Code that	104388
fails to provide, absent a clerical error, the notices required	104389
under division (I)(1) of section 5739.035 of the Revised Code	104390
shall situs all subsequent sales as required under divisions (C)	104391
to (I) of this section.	104392

(C) Except for sales, other than leases, of titled motor	104393
vehicles, titled watercraft, or titled outboard motors as provided	104394
in section 5741.05 of the Revised Code, or as otherwise provided	104395
in this section and section 5739.034 of the Revised Code, all	104396
sales shall be sourced as follows:	104397

(1) If the consumer or a donee designated by the consumer	104398
receives tangible personal property or a service at a vendor's	104399
place of business, the sale shall be sourced to that place of	104400
business.	104401

(2) When the tangible personal property or service is not	104402
received at a vendor's place of business, the sale shall be	104403
sourced to the location known to the vendor where the consumer or	104404
the donee designated by the consumer receives the tangible	104405
personal property or service, including the location indicated by	104406
instructions for delivery to the consumer or the consumer's donee.	104407

(3) If divisions (C)(1) and (2) of this section do not apply,	104408
the sale shall be sourced to the location indicated by an address	104409
for the consumer that is available from the vendor's business	104410
records that are maintained in the ordinary course of the	104411
vendor's business, when use of that address does not constitute	104412
bad faith.	104413

(4) If divisions (C)(1), (2), and (3) of this section do not	104414
apply, the sale shall be sourced to the location indicated by an	104415
address for the consumer obtained during the consummation of the	104416
sale, including the address associated with the consumer's payment	104417
instrument, if no other address is available, when use of that	104418
address does not constitute bad faith.	104419

(5) If divisions (C)(1), (2), (3), and (4) of this section do	104420
not apply, including in the circumstance where the vendor is	104421
without sufficient information to apply any of those divisions,	104422
the sale shall be sourced to the address from which tangible	104423
personal property was shipped, or from which the service was	104424
provided, disregarding any location that merely provided the	104425
electronic transfer of the property sold or service provided.	104426

(6) As used in division (C) of this section, "receive" means	104427
taking possession of tangible personal property or making first	104428
use of a service. "Receive" does not include possession by a	104429
shipping company on behalf of a consumer.	104430

(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this	104431
section, a business consumer that is not a holder of a direct	104432
payment permit granted under section 5739.031 of the Revised Code,	104433
that purchases a digital good, computer software, except computer	104434
software received in person by a business consumer at a vendor's	104435
place of business, or a service, and that knows at the time of	104436
purchase that such digital good, software, or service will be	104437
concurrently available for use in more than one taxing	104438
jurisdiction shall deliver to the vendor in conjunction with its	104439
purchase an exemption certificate claiming multiple points of use,	104440
or shall meet the requirements of division (D)(2) of this section.	104441
On receipt of the exemption certificate claiming multiple points	104442
of use, the vendor is relieved of its obligation to collect, pay,	104443
or remit the tax due, and the business consumer must pay the tax	104444
directly to the state.	104445

(b) A business consumer that delivers the exemption	104446
certificate claiming multiple points of use to a vendor may use	104447
any reasonable, consistent, and uniform method of apportioning the	104448
tax due on the digital good, computer software, or service that is	104449
supported by the consumer's business records as they existed at	104450
the time of the sale. The business consumer shall report and pay	104451
the appropriate tax to each jurisdiction where concurrent use	104452
occurs. The tax due shall be calculated as if the apportioned	104453
amount of the digital good, computer software, or service had been	104454
delivered to each jurisdiction to which the sale is apportioned	104455
under this division.	104456

(c) The exemption certificate claiming multiple points of use	104457
shall remain in effect for all future sales by the vendor to the	104458
business consumer until it is revoked in writing by the business	104459
consumer, except as to the business consumer's specific	104460
apportionment of a subsequent sale under division (D)(1)(b) of	104461
this section and the facts existing at the time of the sale.	104462

(2) When the vendor knows that a digital good, computer	104463
software, or service sold will be concurrently available for use	104464
by the business consumer in more than one jurisdiction, but the	104465
business consumer does not provide an exemption certificate	104466
claiming multiple points of use as required by division (D)(1) of	104467
this section, the vendor may work with the business consumer to	104468
produce the correct apportionment. Governed by the principles of	104469
division (D)(1)(b) of this section, the vendor and business	104470
consumer may use any reasonable, but consistent and uniform,	104471
method of apportionment that is supported by the vendor's and	104472
business consumer's books and records as they exist at the time	104473
the sale is reported for purposes of the taxes levied under this	104474
chapter. If the business consumer certifies to the accuracy of the	104475
apportionment and the vendor accepts the certification, the vendor	104476
shall collect and remit the tax accordingly. In the absence of bad	104477
faith, the vendor is relieved of any further obligation to collect	104478
tax on any transaction where the vendor has collected tax pursuant	104479
to the information certified by the business consumer.	104480

(3) When the vendor knows that the digital good, computer	104481
software, or service will be concurrently available for use in	104482
more than one jurisdiction, and the business consumer does not	104483
have a direct pay permit and does not provide to the vendor an	104484
exemption certificate claiming multiple points of use as required	104485
in division (D)(1) of this section, or certification pursuant to	104486
division (D)(2) of this section, the vendor shall collect and	104487
remit the tax based on division (C) of this section.	104488

(4) Nothing in this section shall limit a person's obligation	104489
for sales or use tax to any state in which a digital good,	104490
computer software, or service is concurrently available for use,	104491
nor limit a person's ability under local, state, or federal law,	104492
to claim a credit for sales or use taxes legally due and paid to	104493
other jurisdictions.	104494

(E) A person who holds a direct payment permit issued under	104495
section 5739.031 of the Revised Code is not required to deliver an	104496
exemption certificate claiming multiple points of use to a vendor.	104497
But such permit holder shall comply with division (D)(2) of this	104498
section in apportioning the tax due on a digital good, computer	104499
software, or a service for use in business that will be	104500
concurrently available for use in more than one taxing	104501
jurisdiction.	104502

(F)(1) Notwithstanding divisions (C)(1) to (5) of this	104503
section, the consumer of direct mail that is not a holder of a	104504
direct payment permit shall provide to the vendor in conjunction	104505
with the sale either an exemption certificate claiming direct mail	104506
prescribed by the tax commissioner, or information to show the	104507
jurisdictions to which the direct mail is delivered to recipients.	104508

(2) Upon receipt of such exemption certificate, the vendor is	104509
relieved of all obligations to collect, pay, or remit the	104510
applicable tax and the consumer is obligated to pay that tax on a	104511
direct pay basis. An exemption certificate claiming direct mail	104512
shall remain in effect for all future sales of direct mail by the	104513
vendor to the consumer until it is revoked in writing.	104514

(3) Upon receipt of information from the consumer showing the	104515
jurisdictions to which the direct mail is delivered to recipients,	104516
the vendor shall collect the tax according to the delivery	104517
information provided by the consumer. In the absence of bad faith,	104518
the vendor is relieved of any further obligation to collect tax on	104519
any transaction where the vendor has collected tax pursuant to the	104520
delivery information provided by the consumer.	104521

(4) If the consumer of direct mail does not have a direct	104522
payment permit and does not provide the vendor with either an	104523
exemption certificate claiming direct mail or delivery information	104524
as required by division (F)(1) of this section, the vendor shall	104525
collect the tax according to division (C)(5) of this section.	104526
Nothing in division (F)(4) of this section shall limit a	104527
consumer's obligation to pay sales or use tax to any state to	104528
which the direct mail is delivered.	104529

(5) If a consumer of direct mail provides the vendor with	104530
documentation of direct payment authority, the consumer shall not	104531
be required to provide an exemption certificate claiming direct	104532
mail or delivery information to the vendor.	104533

(G) If the vendor provides lodging to transient guests as	104534
specified in division (B)(2) of section 5739.01 of the Revised	104535
Code, the sale shall be sourced to the location where the lodging	104536
is located.	104537

(H)(1) As used in this division and division (I) of this	104538
section, "transportation equipment" means any of the following:	104539

(a) Locomotives and railcars that are utilized for the	104540
carriage of persons or property in interstate commerce.	104541

(b) Trucks and truck-tractors with a gross vehicle weight	104542
rating of greater than ten thousand pounds, trailers,	104543
semi-trailers, or passenger buses that are registered through the	104544
international registration plan and are operated under authority	104545
of a carrier authorized and certificated by the United States	104546
department of transportation or another federal authority to	104547
engage in the carriage of persons or property in interstate	104548
commerce.	104549

(c) Aircraft that are operated by air carriers authorized and	104550
certificated by the United States department of transportation or	104551
another federal authority to engage in the carriage of persons or	104552
property in interstate or foreign commerce.	104553

(d) Containers designed for use on and component parts	104554
attached to or secured on the items set forth in division	104555
(H)(1)(a), (b), or (c) of this section.	104556

(2) A sale, lease, or rental of transportation equipment	104557
shall be sourced pursuant to division (C) of this section.	104558

(I)(1) A lease or rental of tangible personal property that	104559
does not require recurring periodic payments shall be sourced	104560
pursuant to division (C) of this section.	104561

(2) A lease or rental of tangible personal property that	104562
requires recurring periodic payments shall be sourced as follows:	104563

(a) In the case of a motor vehicle, other than a motor	104564
vehicle that is transportation equipment, or an aircraft, other	104565
than an aircraft that is transportation equipment, such lease or	104566
rental shall be sourced as follows:	104567

(i) An accelerated tax payment on a lease or rental taxed	104568
pursuant to division (A)(2) of section 5739.02 of the Revised Code	104569
shall be sourced to the primary property location at the time the	104570
lease or rental is consummated. Any subsequent taxable charges on	104571
the lease or rental shall be sourced to the primary property	104572
location for the period in which the charges are incurred.	104573

(ii) For a lease or rental taxed pursuant to division (A)(3)	104574
of section 5739.02 of the Revised Code, each lease or rental	104575
installment shall be sourced to the primary property location for	104576
the period covered by the installment.	104577

(b) In the case of a lease or rental of all other tangible	104578
personal property, other than transportation equipment, such lease	104579
or rental shall be sourced as follows:	104580

(i) An accelerated tax payment on a lease or rental that is	104581
taxed pursuant to division (A)(2) of section 5739.02 of the	104582
Revised Code shall be sourced pursuant to division (C) of this	104583
section at the time the lease or rental is consummated. Any	104584
subsequent taxable charges on the lease or rental shall be sourced	104585
to the primary property location for the period in which the	104586
charges are incurred.	104587

(ii) For a lease or rental that is taxed pursuant to division	104588
(A)(3) of section 5739.02 of the Revised Code, the initial lease	104589
or rental installment shall be sourced pursuant to division (C) of	104590
this section. Each subsequent installment shall be sourced to the	104591
primary property location for the period covered by the	104592
installment.	104593

(3) As used in division (I) of this section, "primary	104594
property location" means an address for tangible personal property	104595
provided by the lessee or renter that is available to the lessor	104596
or owner from its records maintained in the ordinary course of	104597
business, when use of that address does not constitute bad faith.	104598

(J) Sales described in division (B)(11) of section 5739.01	104599
of the Revised Code shall be sourced to the location of the	104600
enrollee for whom a medicaid health insuring corporation receives	104601
managed care premiums. Such sales shall be sourced to the	104602
locations of the enrollees in the same proportion as the managed	104603
care premiums received by the medicaid health insuring	104604
corporation on behalf of enrollees located in a particular	104605
taxing jurisdiction in Ohio as compared to all managed care	104606
premiums received by the medicaid health insuring corporation.	104607

Sec. 5739.051. (A) The tax commissioner shall issue a direct	104608
payment permit to a medicaid health insuring corporation that	104609
authorizes the medicaid health insuring corporation to pay all	104610
taxes due on sales described in division (B)(11) of section	104611
5739.01 of the Revised Code directly to the state. Each medicaid	104612
health insuring corporation shall pay pursuant to such direct	104613
payment authority all sales tax levied on such sales by sections	104614
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code and	104615
all use tax levied on such sales pursuant to sections 5741.02,	104616
5741.021, 5741.022, and 5741.023 of the Revised Code, unless	104617
division (B)(11)(b) of section 5739.01 of the Revised Code	104618
applies.	104619

(B) Each medicaid health insuring corporation shall, on or	104620
before the twenty-third day of each month, file a return for the	104621
preceding month on a form prescribed by the tax commissioner and	104622
shall pay the tax shown on the return to be due, unless division	104623
(B)(11)(b) of section 5739.01 of the Revised Code applies. The	104624
return shall show the amount of tax due from the medicaid health	104625
care insuring corporation for the period covered by the return	104626
and other such information as the commissioner deems necessary.	104627
Upon written request, the commissioner may extend the time for	104628
filing the return and paying the tax. The commissioner may	104629
require each medicaid health insuring corporation to file returns	104630
and remit payment by electronic means as provided in section	104631
5739.032 of the Revised Code.	104632

Sec. 5739.09. (A)(1) A board of county commissioners may, by	104633
resolution adopted by a majority of the members of the board, levy	104634
an excise tax not to exceed three per cent on transactions by	104635
which lodging by a hotel is or is to be furnished to transient	104636
guests. The board shall establish all regulations necessary to	104637
provide for the administration and allocation of the tax. The	104638
regulations may prescribe the time for payment of the tax, and may	104639
provide for the imposition of a penalty or interest, or both, for	104640
late payments, provided that the penalty does not exceed ten per	104641
cent of the amount of tax due, and the rate at which interest	104642
accrues does not exceed the rate per annum prescribed pursuant to	104643
section 5703.47 of the Revised Code. Except as provided in	104644
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	104645
regulations shall provide, after deducting the real and actual	104646
costs of administering the tax, for the return to each municipal	104647
corporation or township that does not levy an excise tax on the	104648
transactions, a uniform percentage of the tax collected in the	104649
municipal corporation or in the unincorporated portion of the	104650
township from each transaction, not to exceed thirty-three and	104651
one-third per cent. The remainder of the revenue arising from the	104652
tax shall be deposited in a separate fund and shall be spent	104653
solely to make contributions to the convention and visitors'	104654
bureau operating within the county, including a pledge and	104655
contribution of any portion of the remainder pursuant to an	104656
agreement authorized by section 307.695 of the Revised Code,	104657
provided that if the board of county commissioners of an eligible	104658
county as defined in section 307.695 of the Revised Code adopts a	104659
resolution amending a resolution levying a tax under this division	104660
to provide that the revenue from the tax shall be used by the	104661
board as described in division (H) of section 307.695 of the	104662
Revised Code, the remainder of the revenue shall be used as	104663
described in the resolution making that amendment. Except as	104664
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	104665
this section, on and after May 10, 1994, a board of county	104666
commissioners may not levy an excise tax pursuant to this division	104667
in any municipal corporation or township located wholly or partly	104668
within the county that has in effect an ordinance or resolution	104669
levying an excise tax pursuant to division (B) of this section.	104670
The board of a county that has levied a tax under division (C) of	104671
this section may, by resolution adopted within ninety days after	104672
July 15, 1985, by a majority of the members of the board, amend	104673
the resolution levying a tax under this division to provide for a	104674
portion of that tax to be pledged and contributed in accordance	104675
with an agreement entered into under section 307.695 of the	104676
Revised Code. A tax, any revenue from which is pledged pursuant to	104677
such an agreement, shall remain in effect at the rate at which it	104678
is imposed for the duration of the period for which the revenue	104679
from the tax has been so pledged.	104680

The board of county commissioners of an eligible county as	104681
defined in section 307.695 of the Revised Code may, by resolution	104682
adopted by a majority of the members of the board, amend a	104683
resolution levying a tax under this division to provide that the	104684
revenue from the tax shall be used by the board as described in	104685
division (H) of section 307.695 of the Revised Code, in which case	104686
the tax shall remain in effect at the rate at which it was imposed	104687
for the duration of any agreement entered into by the board under	104688
section 307.695 of the Revised Code, the duration during which any	104689
securities issued by the board under that section are outstanding,	104690
or the duration of the period during which the board owns a	104691
project as defined in section 307.695 of the Revised Code,	104692
whichever duration is longest.	104693

(2) A board of county commissioners that levies an excise tax	104694
under division (A)(1) of this section on June 30, 1997, at a rate	104695
of three per cent, and that has pledged revenue from the tax to an	104696
agreement entered into under section 307.695 of the Revised Code	104697
or, in the case of the board of county commissioners of an	104698
eligible county as defined in section 307.695 of the Revised Code,	104699
has amended a resolution levying a tax under division (C) of this	104700
section to provide that proceeds from the tax shall be used by the	104701
board as described in division (H) of section 307.695 of the	104702
Revised Code, may, at any time by a resolution adopted by a	104703
majority of the members of the board, amend the resolution levying	104704
a tax under division (A)(1) of this section to provide for an	104705
increase in the rate of that tax up to seven per cent on each	104706
transaction; to provide that revenue from the increase in the rate	104707
shall be used as described in division (H) of section 307.695 of	104708
the Revised Code or be spent solely to make contributions to the	104709
convention and visitors' bureau operating within the county to be	104710
used specifically for promotion, advertising, and marketing of the	104711
region in which the county is located; and to provide that the	104712
rate in excess of the three per cent levied under division (A)(1)	104713
of this section shall remain in effect at the rate at which it is	104714
imposed for the duration of the period during which any agreement	104715
is in effect that was entered into under section 307.695 of the	104716
Revised Code by the board of county commissioners levying a tax	104717
under division (A)(1) of this section, the duration of the period	104718
during which any securities issued by the board under division (I)	104719
of section 307.695 of the Revised Code are outstanding, or the	104720
duration of the period during which the board owns a project as	104721
defined in section 307.695 of the Revised Code, whichever duration	104722
is longest. The amendment also shall provide that no portion of	104723
that revenue need be returned to townships or municipal	104724
corporations as would otherwise be required under division (A)(1)	104725
of this section.	104726

(3) A board of county commissioners that levies a tax under	104727
division (A)(1) of this section on March 18, 1999, at a rate of	104728
three per cent may, by resolution adopted not later than	104729
forty-five days after March 18, 1999, amend the resolution levying	104730
the tax to provide for all of the following:	104731

(a) That the rate of the tax shall be increased by not more	104732
than an additional four per cent on each transaction;	104733

(b) That all of the revenue from the increase in the rate	104734
shall be pledged and contributed to a convention facilities	104735
authority established by the board of county commissioners under	104736
Chapter 351. of the Revised Code on or before November 15, 1998,	104737
and used to pay costs of constructing, maintaining, operating, and	104738
promoting a facility in the county, including paying bonds, or	104739
notes issued in anticipation of bonds, as provided by that	104740
chapter;	104741

(c) That no portion of the revenue arising from the increase	104742
in rate need be returned to municipal corporations or townships as	104743
otherwise required under division (A)(1) of this section;	104744

(d) That the increase in rate shall not be subject to	104745
diminution by initiative or referendum or by law while any bonds,	104746
or notes in anticipation of bonds, issued by the authority under	104747
Chapter 351. of the Revised Code to which the revenue is pledged,	104748
remain outstanding in accordance with their terms, unless	104749
provision is made by law or by the board of county commissioners	104750
for an adequate substitute therefor that is satisfactory to the	104751
trustee if a trust agreement secures the bonds.	104752

Division (A)(3) of this section does not apply to the board	104753
of county commissioners of any county in which a convention center	104754
or facility exists or is being constructed on November 15, 1998,	104755
or of any county in which a convention facilities authority levies	104756
a tax pursuant to section 351.021 of the Revised Code on that	104757
date.	104758

As used in division (A)(3) of this section, "cost" and	104759
"facility" have the same meanings as in section 351.01 of the	104760
Revised Code, and "convention center" has the same meaning as in	104761
section 307.695 of the Revised Code.	104762

(4)(a) A board of county commissioners that levies a tax	104763
under division (A)(1) of this section on June 30, 2002, at a rate	104764
of three per cent may, by resolution adopted not later than	104765
September 30, 2002, amend the resolution levying the tax to	104766
provide for all of the following:	104767

(i) That the rate of the tax shall be increased by not more	104768
than an additional three and one-half per cent on each	104769
transaction;	104770

(ii) That all of the revenue from the increase in rate shall	104771
be pledged and contributed to a convention facilities authority	104772
established by the board of county commissioners under Chapter	104773
351. of the Revised Code on or before May 15, 2002, and be used	104774
to pay costs of constructing, expanding, maintaining, operating,	104775
or promoting a convention center in the county, including paying	104776
bonds, or notes issued in anticipation of bonds, as provided by	104777
that chapter;	104778

(iii) That no portion of the revenue arising from the	104779
increase in rate need be returned to municipal corporations or	104780
townships as otherwise required under division (A)(1) of this	104781
section;	104782

(iv) That the increase in rate shall not be subject to	104783
diminution by initiative or referendum or by law while any bonds,	104784
or notes in anticipation of bonds, issued by the authority under	104785
Chapter 351. of the Revised Code to which the revenue is pledged,	104786
remain outstanding in accordance with their terms, unless	104787
provision is made by law or by the board of county commissioners	104788
for an adequate substitute therefor that is satisfactory to the	104789
trustee if a trust agreement secures the bonds.	104790

(b) Any board of county commissioners that, pursuant to	104791
division (A)(4)(a) of this section, has amended a resolution	104792
levying the tax authorized by division (A)(1) of this section may	104793
further amend the resolution to provide that the revenue referred	104794
to in division (A)(4)(a)(ii) of this section shall be pledged and	104795
contributed both to a convention facilities authority to pay the	104796
costs of constructing, expanding, maintaining, or operating one or	104797
more convention centers in the county, including paying bonds, or	104798
notes issued in anticipation of bonds, as provided in Chapter 351.	104799
of the Revised Code, and to a convention and visitors' bureau to	104800
pay the costs of promoting one or more convention centers in the	104801
county.	104802

As used in division (A)(4) of this section, "cost" has the	104803
same meaning as in section 351.01 of the Revised Code, and	104804
"convention center" has the same meaning as in section 307.695 of	104805
the Revised Code.	104806

(5)(a) As used in division (A)(5) of this section:

104807

(i) "Port authority" means a port authority created under	104808
Chapter 4582. of the Revised Code.	104809

(ii) "Port authority military-use facility" means port	104810
authority facilities on which or adjacent to which is located an	104811
installation of the armed forces of the United States, a reserve	104812
component thereof, or the national guard and at least part of	104813
which is made available for use, for consideration, by the armed	104814
forces of the United States, a reserve component thereof, or the	104815
national guard.	104816

(b) For the purpose of contributing revenue to pay operating	104817
expenses of a port authority that operates a port authority	104818
military-use facility, the board of county commissioners of a	104819
county that created, participated in the creation of, or has	104820
joined such a port authority may do one or both of the following:	104821

(i) Amend a resolution previously adopted under division	104822
(A)(1) of this section to designate some or all of the revenue	104823
from the tax levied under the resolution to be used for that	104824
purpose, notwithstanding that division;	104825

(ii) Amend a resolution previously adopted under division	104826
(A)(1) of this section to increase the rate of the tax by not more	104827
than an additional two per cent and use the revenue from the	104828
increase exclusively for that purpose.	104829

(c) If a board of county commissioners amends a resolution to	104830
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	104831
of this section, the board also may amend the resolution to	104832
specify that the increase in rate of the tax does not apply to	104833
"hotels," as otherwise defined in section 5739.01 of the Revised	104834
Code, having fewer rooms used for the accommodation of guests than	104835
a number of rooms specified by the board.	104836

(6) A board of county commissioners of a county organized	104837
under a county charter adopted pursuant to Article X, Section 3,	104838
Ohio Constitution, and that levies an excise tax under division	104839
(A)(1) of this section at a rate of three per cent and levies an	104840
additional excise tax under division (E) of this section at a rate	104841
of one and one-half per cent may, by resolution adopted not later	104842
than January 1, 2008, by a majority of the members of the board,	104843
amend the resolution levying a tax under division (A)(1) of this	104844
section to provide for an increase in the rate of that tax by not	104845
more than an additional one per cent on transactions by which	104846
lodging by a hotel is or is to be furnished to transient guests.	104847
Notwithstanding divisions (A)(1) and (E) of this section, the	104848
resolution shall provide that all of the revenue from the increase	104849
in rate, after deducting the real and actual costs of	104850
administering the tax, shall be used to pay the costs of	104851
improving, expanding, equipping, financing, or operating a	104852
convention center by a convention and visitors' bureau in the	104853
county. The increase in rate shall remain in effect for the	104854
period specified in the resolution, not to exceed ten years. The	104855
increase in rate shall be subject to the regulations adopted	104856
under division (A)(1) of this section, except that the	104857
resolution may provide that no portion of the revenue from the	104858
increase in the rate shall be returned to townships or municipal	104859
corporations as would otherwise be required under that division.	104860

(7) Division (A)(7) of this section applies only to a county	104861
with a population greater than sixty-five thousand and less than	104862
seventy thousand according to the most recent federal decennial	104863
census and in which, on December 31, 2006, an excise tax is levied	104864
under division (A)(1) of this section at a rate not less than and	104865
not greater than three per cent, and in which the most recent	104866
increase in the rate of that tax was enacted or took effect in	104867
November 1984.	104868

The board of county commissioners of a county to which this	104869
division applies, by resolution adopted by a majority of the	104870
members of the board, may increase the rate of the tax by not more	104871
than one per cent on transactions by which lodging by a hotel is	104872
or is to be furnished to transient guests. The increase in rate	104873
shall be for the purpose of paying expenses deemed necessary by	104874
the convention and visitors' bureau operating in the county to	104875
promote travel and tourism. The increase in rate shall remain in	104876
effect for the period specified in the resolution, not to exceed	104877
twenty years, provided that the increase in rate may not continue	104878
beyond the time when the purpose for which the increase is levied	104879
ceases to exist. If revenue from the increase in rate is pledged	104880
to the payment of debt charges on securities, the increase in rate	104881
is not subject to diminution by initiative or referendum or by law	104882
for so long as the securities are outstanding, unless provision is	104883
made by law or by the board of county commissioners for an	104884
adequate substitute for that revenue that is satisfactory to the	104885
trustee if a trust agreement secures payment of the debt charges.	104886
The increase in rate shall be subject to the regulations adopted	104887
under division (A)(1) of this section, except that the resolution	104888
may provide that no portion of the revenue from the increase in	104889
the rate shall be returned to townships or municipal corporations	104890
as would otherwise be required under division (A)(1) of this	104891
section. A resolution adopted under division (A)(7) of this	104892
section is subject to referendum under sections 305.31 to 305.99	104893
of the Revised Code.	104894

(B)(1) The legislative authority of a municipal corporation	104895
or the board of trustees of a township that is not wholly or	104896
partly located in a county that has in effect a resolution levying	104897
an excise tax pursuant to division (A)(1) of this section may, by	104898
ordinance or resolution, levy an excise tax not to exceed three	104899
per cent on transactions by which lodging by a hotel is or is to	104900
be furnished to transient guests. The legislative authority of the	104901
municipal corporation or the board of trustees of the township	104902
shall deposit at least fifty per cent of the revenue from the tax	104903
levied pursuant to this division into a separate fund, which shall	104904
be spent solely to make contributions to convention and visitors'	104905
bureaus operating within the county in which the municipal	104906
corporation or township is wholly or partly located, and the	104907
balance of that revenue shall be deposited in the general fund.	104908
The municipal corporation or township shall establish all	104909
regulations necessary to provide for the administration and	104910
allocation of the tax. The regulations may prescribe the time for	104911
payment of the tax, and may provide for the imposition of a	104912
penalty or interest, or both, for late payments, provided that the	104913
penalty does not exceed ten per cent of the amount of tax due, and	104914
the rate at which interest accrues does not exceed the rate per	104915
annum prescribed pursuant to section 5703.47 of the Revised Code.	104916
The levy of a tax under this division is in addition to any tax	104917
imposed on the same transaction by a municipal corporation or a	104918
township as authorized by division (A) of section 5739.08 of the	104919
Revised Code.	104920

(2)(a) The legislative authority of the most populous	104921
municipal corporation located wholly or partly in a county in	104922
which the board of county commissioners has levied a tax under	104923
division (A)(4) of this section may amend, on or before September	104924
30, 2002, that municipal corporation's ordinance or resolution	104925
that levies an excise tax on transactions by which lodging by a	104926
hotel is or is to be furnished to transient guests, to provide for	104927
all of the following:	104928

(i) That the rate of the tax shall be increased by not more	104929
than an additional one per cent on each transaction;	104930

(ii) That all of the revenue from the increase in rate shall	104931
be pledged and contributed to a convention facilities authority	104932
established by the board of county commissioners under Chapter	104933
351. of the Revised Code on or before May 15, 2002, and be used	104934
to pay costs of constructing, expanding, maintaining, operating,	104935
or promoting a convention center in the county, including paying	104936
bonds, or notes issued in anticipation of bonds, as provided by	104937
that chapter;	104938

(iii) That the increase in rate shall not be subject to	104939
diminution by initiative or referendum or by law while any bonds,	104940
or notes in anticipation of bonds, issued by the authority under	104941
Chapter 351. of the Revised Code to which the revenue is pledged,	104942
remain outstanding in accordance with their terms, unless	104943
provision is made by law, by the board of county commissioners, or	104944
by the legislative authority, for an adequate substitute therefor	104945
that is satisfactory to the trustee if a trust agreement secures	104946
the bonds.	104947

(b) The legislative authority of a municipal corporation	104948
that, pursuant to division (B)(2)(a) of this section, has amended	104949
its ordinance or resolution to increase the rate of the tax	104950
authorized by division (B)(1) of this section may further amend	104951
the ordinance or resolution to provide that the revenue referred	104952
to in division (B)(2)(a)(ii) of this section shall be pledged and	104953
contributed both to a convention facilities authority to pay the	104954
costs of constructing, expanding, maintaining, or operating one or	104955
more convention centers in the county, including paying bonds, or	104956
notes issued in anticipation of bonds, as provided in Chapter 351.	104957
of the Revised Code, and to a convention and visitors' bureau to	104958
pay the costs of promoting one or more convention centers in the	104959
county.	104960

As used in division (B)(2) of this section, "cost" has the	104961
same meaning as in section 351.01 of the Revised Code, and	104962
"convention center" has the same meaning as in section 307.695 of	104963
the Revised Code.	104964

(C) For the purposes described in section 307.695 of the	104965
Revised Code and to cover the costs of administering the tax, a	104966
board of county commissioners of a county where a tax imposed	104967
under division (A)(1) of this section is in effect may, by	104968
resolution adopted within ninety days after July 15, 1985, by a	104969
majority of the members of the board, levy an additional excise	104970
tax not to exceed three per cent on transactions by which lodging	104971
by a hotel is or is to be furnished to transient guests. The tax	104972
authorized by this division shall be in addition to any tax that	104973
is levied pursuant to division (A) of this section, but it shall	104974
not apply to transactions subject to a tax levied by a municipal	104975
corporation or township pursuant to the authorization granted by	104976
division (A) of section 5739.08 of the Revised Code. The board	104977
shall establish all regulations necessary to provide for the	104978
administration and allocation of the tax. The regulations may	104979
prescribe the time for payment of the tax, and may provide for the	104980
imposition of a penalty or interest, or both, for late payments,	104981
provided that the penalty does not exceed ten per cent of the	104982
amount of tax due, and the rate at which interest accrues does not	104983
exceed the rate per annum prescribed pursuant to section 5703.47	104984
of the Revised Code. All revenues arising from the tax shall be	104985
expended in accordance with section 307.695 of the Revised Code.	104986
The board of county commissioners of an eligible county as defined	104987
in section 307.695 of the Revised Code may, by resolution adopted	104988
by a majority of the members of the board, amend the resolution	104989
levying a tax under this division to provide that the revenue from	104990
the tax shall be used by the board as described in division (H) of	104991
section 307.695 of the Revised Code. A tax imposed under this	104992
division shall remain in effect at the rate at which it is imposed	104993
for the duration of the period during which any agreement entered	104994
into by the board under section 307.695 of the Revised Code is in	104995
effect, the duration of the period during which any securities	104996
issued by the board under division (I) of section 307.695 of the	104997
Revised Code are outstanding, or the duration of the period during	104998
which the board owns a project as defined in section 307.695 of	104999
the Revised Code, whichever duration is longest.	105000

(D) For the purpose of providing contributions under division	105001
(B)(1) of section 307.671 of the Revised Code to enable the	105002
acquisition, construction, and equipping of a port authority	105003
educational and cultural facility in the county and, to the extent	105004
provided for in the cooperative agreement authorized by that	105005
section, for the purpose of paying debt service charges on bonds,	105006
or notes in anticipation of bonds, described in division (B)(1)(b)	105007
of that section, a board of county commissioners, by resolution	105008
adopted within ninety days after December 22, 1992, by a majority	105009
of the members of the board, may levy an additional excise tax not	105010
to exceed one and one-half per cent on transactions by which	105011
lodging by a hotel is or is to be furnished to transient guests.	105012
The excise tax authorized by this division shall be in addition to	105013
any tax that is levied pursuant to divisions (A), (B), and (C) of	105014
this section, to any excise tax levied pursuant to section 5739.08	105015
of the Revised Code, and to any excise tax levied pursuant to	105016
section 351.021 of the Revised Code. The board of county	105017
commissioners shall establish all regulations necessary to provide	105018
for the administration and allocation of the tax that are not	105019
inconsistent with this section or section 307.671 of the Revised	105020
Code. The regulations may prescribe the time for payment of the	105021
tax, and may provide for the imposition of a penalty or interest,	105022
or both, for late payments, provided that the penalty does not	105023
exceed ten per cent of the amount of tax due, and the rate at	105024
which interest accrues does not exceed the rate per annum	105025
prescribed pursuant to section 5703.47 of the Revised Code. All	105026
revenues arising from the tax shall be expended in accordance with	105027
section 307.671 of the Revised Code and division (D) of this	105028
section. The levy of a tax imposed under this division may not	105029
commence prior to the first day of the month next following the	105030
execution of the cooperative agreement authorized by section	105031
307.671 of the Revised Code by all parties to that agreement. The	105032
tax shall remain in effect at the rate at which it is imposed for	105033
the period of time described in division (C) of section 307.671 of	105034
the Revised Code for which the revenue from the tax has been	105035
pledged by the county to the corporation pursuant to that section,	105036
but, to any extent provided for in the cooperative agreement, for	105037
no lesser period than the period of time required for payment of	105038
the debt service charges on bonds, or notes in anticipation of	105039
bonds, described in division (B)(1)(b) of that section.	105040

(E) For the purpose of paying the costs of acquiring,	105041
constructing, equipping, and improving a municipal educational and	105042
cultural facility, including debt service charges on bonds	105043
provided for in division (B) of section 307.672 of the Revised	105044
Code, and for any additional purposes determined by the county in	105045
the resolution levying the tax or amendments to the resolution,	105046
including subsequent amendments providing for paying costs of	105047
acquiring, constructing, renovating, rehabilitating, equipping,	105048
and improving a port authority educational and cultural performing	105049
arts facility, as defined in section 307.674 of the Revised Code,	105050
and including debt service charges on bonds provided for in	105051
division (B) of section 307.674 of the Revised Code, the	105052
legislative authority of a county, by resolution adopted within	105053
ninety days after June 30, 1993, by a majority of the members of	105054
the legislative authority, may levy an additional excise tax not	105055
to exceed one and one-half per cent on transactions by which	105056
lodging by a hotel is or is to be furnished to transient guests.	105057
The excise tax authorized by this division shall be in addition to	105058
any tax that is levied pursuant to divisions (A), (B), (C), and	105059
(D) of this section, to any excise tax levied pursuant to section	105060
5739.08 of the Revised Code, and to any excise tax levied pursuant	105061
to section 351.021 of the Revised Code. The legislative authority	105062
of the county shall establish all regulations necessary to provide	105063
for the administration and allocation of the tax. The regulations	105064
may prescribe the time for payment of the tax, and may provide for	105065
the imposition of a penalty or interest, or both, for late	105066
payments, provided that the penalty does not exceed ten per cent	105067
of the amount of tax due, and the rate at which interest accrues	105068
does not exceed the rate per annum prescribed pursuant to section	105069
5703.47 of the Revised Code. All revenues arising from the tax	105070
shall be expended in accordance with section 307.672 of the	105071
Revised Code and this division. The levy of a tax imposed under	105072
this division shall not commence prior to the first day of the	105073
month next following the execution of the cooperative agreement	105074
authorized by section 307.672 of the Revised Code by all parties	105075
to that agreement. The tax shall remain in effect at the rate at	105076
which it is imposed for the period of time determined by the	105077
legislative authority of the county. That period of time shall	105078
not exceed fifteen years, except that the legislative authority	105079
of a county with a population of less than two hundred fifty	105080
thousand according to the most recent federal decennial census,	105081
by resolution adopted by a majority of its members before the	105082
original tax expires, may extend the duration of the tax for an	105083
additional period of time. The additional period of time by which	105084
a legislative authority extends a tax levied under this division	105085
shall not exceed fifteen years.	105086

(F) The legislative authority of a county that has levied a	105087
tax under division (E) of this section may, by resolution adopted	105088
within one hundred eighty days after January 4, 2001, by a	105089
majority of the members of the legislative authority, amend the	105090
resolution levying a tax under that division to provide for the	105091
use of the proceeds of that tax, to the extent that it is no	105092
longer needed for its original purpose as determined by the	105093
parties to a cooperative agreement amendment pursuant to division	105094
(D) of section 307.672 of the Revised Code, to pay costs of	105095
acquiring, constructing, renovating, rehabilitating, equipping,	105096
and improving a port authority educational and cultural performing	105097
arts facility, including debt service charges on bonds provided	105098
for in division (B) of section 307.674 of the Revised Code, and to	105099
pay all obligations under any guaranty agreements, reimbursement	105100
agreements, or other credit enhancement agreements described in	105101
division (C) of section 307.674 of the Revised Code. The	105102
resolution may also provide for the extension of the tax at the	105103
same rate for the longer of the period of time determined by the	105104
legislative authority of the county, but not to exceed an	105105
additional twenty-five years, or the period of time required to	105106
pay all debt service charges on bonds provided for in division (B)	105107
of section 307.672 of the Revised Code and on port authority	105108
revenue bonds provided for in division (B) of section 307.674 of	105109
the Revised Code. All revenues arising from the amendment and	105110
extension of the tax shall be expended in accordance with section	105111
307.674 of the Revised Code, this division, and division (E) of	105112
this section.	105113

(G) For purposes of a tax levied by a county, township, or	105114
municipal corporation under this section or section 5739.08 of the	105115
Revised Code, a board of county commissioners, board of township	105116
trustees, or the legislative authority of a municipal corporation	105117
may adopt a resolution or ordinance at any time specifying that	105118
"hotel," as otherwise defined in section 5739.01 of the Revised	105119
Code, includes ~~establishments~~the following:	105120

(1) Establishments in which fewer than five rooms are used	105121
for the accommodation of guests. ~~The~~	105122

(2) Establishments at which rooms are used for the	105123
accommodation of guests regardless of whether each room is	105124
accessible through its own keyed entry or several rooms are	105125
accessible through the same keyed entry; and, in determining the	105126
number of rooms, all rooms are included regardless of the number	105127
of structures in which the rooms are situated or the number of	105128
parcels of land on which the structures are located if the	105129
structures are under the same ownership and the structures are not	105130
identified in advertisements of the accommodations as distinct	105131
establishments. For the purposes of division (G)(2) of this	105132
section, two or more structures are under the same ownership if	105133
they are owned by the same person, or if they are owned by two or	105134
more persons the majority of the ownership interests of which are	105135
owned by the same person.	105136

The resolution or ordinance may apply to a tax imposed	105137
pursuant to this section prior to the adoption of the resolution	105138
or ordinance if the resolution or ordinance so states, but the tax	105139
shall not apply to transactions by which lodging by such an	105140
establishment is provided to transient guests prior to the	105141
adoption of the resolution or ordinance.	105142

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

105143

(a) "Convention facilities authority" has the same meaning as	105144
in section 351.01 of the Revised Code.	105145

(b) "Convention center" has the same meaning as in section	105146
307.695 of the Revised Code.	105147

(2) Notwithstanding any contrary provision of division (D) of	105148
this section, the legislative authority of a county with a	105149
population of one million or more according to the most recent	105150
federal decennial census that has levied a tax under division (D)	105151
of this section may, by resolution adopted by a majority of the	105152
members of the legislative authority, provide for the extension of	105153
such levy and may provide that the proceeds of that tax, to the	105154
extent that they are no longer needed for their original purpose	105155
as defined by a cooperative agreement entered into under section	105156
307.671 of the Revised Code, shall be deposited into the county	105157
general revenue fund. The resolution shall provide for the	105158
extension of the tax at a rate not to exceed the rate specified in	105159
division (D) of this section for a period of time determined by	105160
the legislative authority of the county, but not to exceed an	105161
additional forty years.	105162

(3) The legislative authority of a county with a population	105163
of one million or more that has levied a tax under division (A)(1)	105164
of this section may, by resolution adopted by a majority of the	105165
members of the legislative authority, increase the rate of the tax	105166
levied by such county under division (A)(1) of this section to a	105167
rate not to exceed five per cent on transactions by which lodging	105168
by a hotel is or is to be furnished to transient guests.	105169
Notwithstanding any contrary provision of division (A)(1) of this	105170
section, the resolution may provide that all collections resulting	105171
from the rate levied in excess of three per cent, after deducting	105172
the real and actual costs of administering the tax, shall be	105173
deposited in the county general fund.	105174

(4) The legislative authority of a county with a population	105175
of one million or more that has levied a tax under division (A)(1)	105176
of this section may, by resolution adopted on or before August 30,	105177
2004, by a majority of the members of the legislative authority,	105178
provide that all or a portion of the proceeds of the tax levied	105179
under division (A)(1) of this section, after deducting the real	105180
and actual costs of administering the tax and the amounts required	105181
to be returned to townships and municipal corporations with	105182
respect to the first three per cent levied under division (A)(1)	105183
of this section, shall be deposited in the county general fund,	105184
provided that such proceeds shall be used to satisfy any pledges	105185
made in connection with an agreement entered into under section	105186
307.695 of the Revised Code.	105187

(5) No amount collected from a tax levied, extended, or	105188
required to be deposited in the county general fund under division	105189
(H) of this section shall be contributed to a convention	105190
facilities authority, corporation, or other entity created after	105191
July 1, 2003, for the principal purpose of constructing,	105192
improving, expanding, equipping, financing, or operating a	105193
convention center unless the mayor of the municipal corporation	105194
in which the convention center is to be operated by that	105195
convention facilities authority, corporation, or other entity	105196
has consented to the creation of that convention facilities	105197
authority, corporation, or entity. Notwithstanding any contrary	105198
provision of section 351.04 of the Revised Code, if a tax is	105199
levied by a county under division (H) of this section, the board	105200
of county commissioners of that county may determine the manner	105201
of selection, the qualifications, the number, and terms of	105202
office of the members of the board of directors of any convention	105203
facilities authority, corporation, or other entity described in	105204
division (H)(5) of this section.	105205

(6)(a) No amount collected from a tax levied, extended, or	105206
required to be deposited in the county general fund under division	105207
(H) of this section may be used for any purpose other than paying	105208
the direct and indirect costs of constructing, improving,	105209
expanding, equipping, financing, or operating a convention center	105210
and for the real and actual costs of administering the tax,	105211
unless, prior to the adoption of the resolution of the	105212
legislative authority of the county authorizing the levy,	105213
extension, increase, or deposit, the county and the mayor of the	105214
most populous municipal corporation in that county have entered	105215
into an agreement as to the use of such amounts, provided that	105216
such agreement has been approved by a majority of the mayors of	105217
the other municipal corporations in that county. The agreement	105218
shall provide that the amounts to be used for purposes other	105219
than paying the convention center or administrative costs	105220
described in division (H)(6)(a) of this section be used only for	105221
the direct and indirect costs of capital improvements, including	105222
the financing of capital improvements.	105223

(b) If the county in which the tax is levied has an	105224
association of mayors and city managers, the approval of that	105225
association of an agreement described in division (H)(6)(a) of	105226
this section shall be considered to be the approval of the	105227
majority of the mayors of the other municipal corporations for	105228
purposes of that division.	105229

(7) Each year, the auditor of state shall conduct an audit of	105230
the uses of any amounts collected from taxes levied, extended, or	105231
deposited under division (H) of this section and shall prepare a	105232
report of the auditor of state's findings. The auditor of state	105233
shall submit the report to the legislative authority of the county	105234
that has levied, extended, or deposited the tax, the speaker of	105235
the house of representatives, the president of the senate, and the	105236
leaders of the minority parties of the house of representatives	105237
and the senate.	105238

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

105239

(a) "Convention facilities authority" has the same meaning as	105240
in section 351.01 of the Revised Code.	105241

(b) "Convention center" has the same meaning as in section	105242
307.695 of the Revised Code.	105243

(2) Notwithstanding any contrary provision of division (D) of	105244
this section, the legislative authority of a county with a	105245
population of one million two hundred thousand or more according	105246
to the most recent federal decennial census or the most recent	105247
annual population estimate published or released by the United	105248
States census bureau at the time the resolution is adopted placing	105249
the levy on the ballot, that has levied a tax under division (D)	105250
of this section may, by resolution adopted by a majority of the	105251
members of the legislative authority, provide for the extension of	105252
such levy and may provide that the proceeds of that tax, to the	105253
extent that the proceeds are no longer needed for their original	105254
purpose as defined by a cooperative agreement entered into under	105255
section 307.671 of the Revised Code and after deducting the real	105256
and actual costs of administering the tax, shall be used for	105257
paying the direct and indirect costs of constructing, improving,	105258
expanding, equipping, financing, or operating a convention center.	105259
The resolution shall provide for the extension of the tax at a	105260
rate not to exceed the rate specified in division (D) of this	105261
section for a period of time determined by the legislative	105262
authority of the county, but not to exceed an additional forty	105263
years.	105264

(3) The legislative authority of a county with a population	105265
of one million two hundred thousand or more that has levied a tax	105266
under division (A)(1) of this section may, by resolution adopted	105267
by a majority of the members of the legislative authority,	105268
increase the rate of the tax levied by such county under division	105269
(A)(1) of this section to a rate not to exceed five per cent on	105270
transactions by which lodging by a hotel is or is to be furnished	105271
to transient guests. Notwithstanding any contrary provision of	105272
division (A)(1) of this section, the resolution shall provide that	105273
all collections resulting from the rate levied in excess of three	105274
per cent, after deducting the real and actual costs of	105275
administering the tax, shall be used for paying the direct and	105276
indirect costs of constructing, improving, expanding, equipping,	105277
financing, or operating a convention center.	105278

(4) The legislative authority of a county with a population	105279
of one million two hundred thousand or more that has levied a tax	105280
under division (A)(1) of this section may, by resolution adopted	105281
on or before July 1, 2008, by a majority of the members of the	105282
legislative authority, provide that all or a portion of the	105283
proceeds of the tax levied under division (A)(1) of this section,	105284
after deducting the real and actual costs of administering the tax	105285
and the amounts required to be returned to townships and municipal	105286
corporations with respect to the first three per cent levied under	105287
division (A)(1) of this section, shall be used to satisfy any	105288
pledges made in connection with an agreement entered into under	105289
section 307.695 of the Revised Code or shall otherwise be used for	105290
paying the direct and indirect costs of constructing, improving,	105291
expanding, equipping, financing, or operating a convention center.	105292

(5) Any amount collected from a tax levied or extended under	105293
division (I) of this section may be contributed to a convention	105294
facilities authority created before July 1, 2005, but no amount	105295
collected from a tax levied or extended under division (I) of this	105296
section may be contributed to a convention facilities authority,	105297
corporation, or other entity created after July 1, 2005, unless	105298
the mayor of the municipal corporation in which the convention	105299
center is to be operated by that convention facilities authority,	105300
corporation, or other entity has consented to the creation of that	105301
convention facilities authority, corporation, or entity.	105302

Sec. 5739.131. Any nonresident of this state who accepts the	105303
privilege extended by the laws of this state to nonresidents of	105304
engaging in the business of selling in this state, as defined in	105305
section 5741.01 of the Revised Code, and any resident of this	105306
state who is required by sections 5739.17 and 5739.31 of the	105307
Revised Code to have a vendor's license and subsequently becomes a	105308
nonresident or conceals ~~his~~the person's whereabouts, makes the	105309
secretary of state ~~his~~the person's agent for the service of	105310
process or notice in any assessment, action, or proceedings	105311
instituted in this state against such person under sections	105312
5739.01 to 5739.31 and 5741.01 to 5741.22 of the Revised Code.	105313

Such process or notice shall be served~~, by the officer to~~	105314
~~whom the same is directed or by the tax commissioner, or by the~~	105315
~~sheriff of Franklin county, who may be deputized for such purpose~~	105316
~~by the officer to whom the service is directed, upon the secretary~~	105317
~~of state by leaving at the office of the secretary of state, at~~	105318
~~least fifteen days before the return day of such process or~~	105319
~~notice, a true and attested copy thereof, and by sending to the~~	105320
~~defendant by certified mail, postage prepaid, a like and true~~	105321
~~attested copy, with an endorsement thereon of the service upon the~~	105322
~~secretary of state, addressed to such defendant at his last known~~	105323
~~address~~as provided under section 5703.37 of the Revised Code.	105324

Sec. 5743.15. (A) NoExcept as otherwise provided in this	105325
division, no person shall engage in this state in the wholesale	105326
or retail business of trafficking in cigarettes or in the	105327
business of a manufacturer or importer of cigarettes without	105328
having a license to conduct each such activity issued by a county	105329
auditor under division (B) of this section or the tax	105330
commissioner under ~~division (E)~~divisions (C) and (F) of this	105331
section~~, except that on~~. On dissolution of a partnership by	105332
death, the surviving partner may operate under the license of the	105333
partnership until expiration of the license, and the heirs or	105334
legal representatives of deceased persons, and receivers and	105335
trustees in bankruptcy appointed by any competent authority, may	105336
operate under the license of the person succeeded in possession	105337
by such heir, representative, receiver, or trustee in bankruptcy	105338
if the partner or successor notifies the auditor or commissioner	105339
of the dissolution or succession within thirty days after the	105340
dissolution or succession.	105341

(B)(1) Each applicant for a license to engage in the	105342
~~wholesale or~~ retail business of trafficking in cigarettes under	105343
this section, annually, on or before the fourth Monday of May,	105344
shall make and deliver to the county auditor of the county in	105345
which the applicant desires to engage in the ~~wholesale or~~ retail	105346
business of trafficking in cigarettes, upon a blank form	105347
furnished by such auditor for that purpose, a statement showing	105348
the name of the applicant, each physical place in the county	105349
where the applicant's business is conducted, the nature of the	105350
business, and any other information the tax commissioner requires	105351
in the form of statement prescribed by the commissioner. If the	105352
applicant is a firm, partnership, or association other than a	105353
corporation, the application shall state the name and address of	105354
each of its members. If the applicant is a corporation, the	105355
application shall state the name and address of each of its	105356
officers. At the time of making the application required by this	105357
section, every person ~~desiring to engage in the wholesale~~	105358
~~business of trafficking in cigarettes shall pay into the county~~	105359
~~treasury a license tax in the sum of two hundred dollars, or if~~	105360
desiring to engage in the retail business of trafficking in	105361
cigarettes~~, a license tax~~shall pay an application fee in the sum	105362
of ~~thirty~~one hundred twenty-five dollars for each ~~of the first~~	105363
~~five places~~physical place where the person proposes to carry on	105364
such business ~~and twenty-five dollars for each additional place~~.	105365
Each place of business shall be deemed such space, under lease or	105366
license to, or under the control of, or under the supervision of	105367
the applicant, as is contained in one or more contiguous,	105368
adjacent, or adjoining buildings constituting an industrial plant	105369
or a place of business operated by, or under the control of, one	105370
person, or under one roof and connected by doors, halls,	105371
stairways, or elevators, which space may contain any number of	105372
points at which cigarettes are offered for sale, provided that	105373
each additional point at which cigarettes are offered for sale	105374
shall be listed in the application.	105375

(2) Upon receipt of the application and exhibition of the	105376
county treasurer's receipt showing the payment of the ~~tax~~	105377
application fee, the county auditor shall issue to the applicant	105378
a license for each place of business designated in the	105379
application, authorizing the applicant to engage in such business	105380
at such place for one year commencing on the fourth Monday of	105381
May. ~~Companies operating club or dining cars or other cars upon~~	105382
~~which cigarettes are sold shall obtain licenses at railroad~~	105383
~~terminals within the state, under such rules as are prescribed by~~	105384
~~the commissioner.~~ The form of the license shall be prescribed by	105385
the commissioner. A duplicate license may be obtained from the	105386
county auditor upon payment of a ~~fifty cent~~five-dollar fee if	105387
the original license is lost, destroyed, or defaced. When an	105388
application is filed after the fourth Monday of May, the ~~license~~	105389
~~tax~~application fee required to be paid shall be proportioned in	105390
amount to the remainder of the license year, except that it shall	105391
not be less than ~~one fifth of the whole amount~~twenty-five	105392
dollars in any one year.	105393

(3) The holder of a ~~wholesale or~~ retail dealer's cigarette	105394
license may transfer the license to a place of business within the	105395
same county other than that designated on the license ~~or may~~	105396
~~assign the license to another person for use in the same county~~ on	105397
condition that the ~~licensee or assignee, whichever is applicable,~~	105398
~~make application~~licensee's ownership interest and business	105399
structure remain unchanged, and that the license applies to the	105400
county auditor therefor, upon forms approved by the commissioner	105401
and the payment of a fee of ~~one dollar~~five dollars into the	105402
county treasury.	105403

(C)(1) Each applicant for a license to engage in the	105404
wholesale business of trafficking in cigarettes under this	105405
section, annually, on or before the fourth Monday in May, shall	105406
make and deliver to the tax commissioner, upon a blank form	105407
furnished by the commissioner for that purpose, a statement	105408
showing the name of the applicant, physical street address where	105409
the applicant's business is conducted, the nature of the business,	105410
and any other information required by the commissioner. If the	105411
applicant is a firm, partnership, or association other than a	105412
corporation, the applicant shall state the name and address of	105413
each of its members. If the applicant is a corporation, the	105414
applicant shall state the name and address of each of its	105415
officers. At the time of making the application required by this	105416
section, every person desiring to engage in the wholesale business	105417
of trafficking in cigarettes shall pay an application fee of one	105418
thousand dollars for each physical place where the person proposes	105419
to carry on such business. Each place of business shall be deemed	105420
such space, under lease or license to, or under the control of, or	105421
under the supervision of the applicant, as is contained in one or	105422
more contiguous, adjacent, or adjoining buildings constituting an	105423
industrial plant or a place of business operated by, or under the	105424
control of, one person, or under one roof and connected by doors,	105425
halls, stairways, or elevators. A duplicate license may be	105426
obtained from the commissioner upon payment of a	105427
twenty-five-dollar fee if the original license is lost, destroyed,	105428
or defaced.	105429

(2) Upon receipt of the application and payment of any	105430
application fee required by this section, the commissioner shall	105431
verify that the applicant is in good standing under Chapter 1346.	105432
and Title LVII of the Revised Code. Upon approval, the	105433
commissioner shall issue to the applicant a license for each	105434
physical place of business designated in the application	105435
authorizing the applicant to engage in business at that location	105436
for one year commencing on the fourth Monday in May. For licenses	105437
issued after the fourth Monday in May, the application fee shall	105438
be reduced proportionately by the remainder of the twelve-month	105439
period for which the license is issued, except that the	105440
application fee required to be paid under this section shall be	105441
not less than two hundred dollars in any one year.	105442

(3) The holder of a wholesale dealer cigarette license may	105443
transfer the license to a place of business other than that	105444
designated on the license on condition that the licensee's	105445
ownership or business structure remains unchanged, and that the	105446
licensee applies to the commissioner for such a transfer upon a	105447
form promulgated by the commissioner and pays a fee of twenty-five	105448
dollars, which shall be deposited into the cigarette tax	105449
enforcement fund created in division (E) of this section.	105450

(D)(1) The wholesale cigarette license ~~tax revenue~~	105451
application fees collected under this section shall be	105452
~~distributed as follows:~~	105453

~~(a) Thirty-seven and one-half per cent shall be paid upon the~~	105454
~~warrant of the county auditor into the treasury of the municipal~~	105455
~~corporation or township in which the place of business for which~~	105456
~~the tax revenue was received is located;~~	105457

~~(b) Fifteen per cent shall be credited to the general fund of~~	105458
~~the county;~~	105459

~~(c) Forty-seven and one-half per cent shall be~~ paid into the	105460
cigarette tax enforcement fund ~~created by division (C) of this~~	105461
~~section~~.	105462

(2) The ~~revenue~~retail cigarette license application fees	105463
collected ~~from the thirty dollar tax imposed upon the first five~~	105464
~~places of business of a person engaged in the retail business of~~	105465
~~trafficking in cigarettes~~under this section shall be distributed	105466
as follows:	105467

(a) ~~Sixty-two and one-half~~Thirty per cent shall be paid upon	105468
the warrant of the county auditor into the treasury of the	105469
municipal corporation or township in which the places of business	105470
for which the tax revenue was received are located;	105471

(b) ~~Twenty-two and one-half~~Ten per cent shall be credited to	105472
the general fund of the county;	105473

(c) ~~Fifteen~~Sixty per cent shall be paid into the cigarette	105474
tax enforcement fund ~~created by division (C) of this section~~.	105475

(3) The remainder of the revenues and fines collected under	105476
this section and the penal laws relating to cigarettes shall be	105477
distributed as follows:	105478

(a) Three-fourths shall be paid upon the warrant of the	105479
county auditor into the treasury of the municipal corporation or	105480
township in which the place of business, on account of which the	105481
revenues and fines were received, is located;	105482

(b) One-fourth shall be credited to the general fund of the	105483
county.	105484

~~(D)~~(E) There is hereby created within the state treasury the	105485
cigarette tax enforcement fund for the purpose of providing funds	105486
to assist in paying the costs of enforcing sections 1333.11 to	105487
1333.21 and Chapter 5743. of the Revised Code.	105488

The portion of cigarette license ~~tax revenues~~application	105489
fees received by a county auditor during the annual application	105490
period that ends ~~before~~on the fourth Monday in May ~~which~~and that	105491
is required to be deposited in the cigarette tax enforcement fund	105492
shall be sent to the treasurer of state by the thirtieth day of	105493
June each year accompanied by the form prescribed by the tax	105494
commissioner. The portion of cigarette license ~~tax money~~	105495
application fees received by each county auditor after the fourth	105496
Monday in May ~~which~~and that is required to be deposited in the	105497
cigarette tax enforcement fund shall be sent to the treasurer of	105498
state by the ~~thirty-first day of December~~last day of the month	105499
following the month in which such fees were collected.	105500

~~(E)~~(F)(1) Every person who desires to engage in the business	105501
of a manufacturer or importer of cigarettes shall, annually, on	105502
or before the fourth Monday of May, make and deliver to the tax	105503
commissioner, upon a blank form furnished by the commissioner for	105504
that purpose, a statement showing the name of the applicant, the	105505
nature of the applicant's business, and any other information	105506
required by the commissioner. If the applicant is a firm,	105507
partnership, or association other than a corporation, the	105508
applicant shall state the name and address of each of its	105509
members. If the applicant is a corporation, the applicant shall	105510
state the name and address of each of its officers.	105511

(2) Upon receipt of the application and payment of the fee	105512
required under this section, the commissioner shall verify that	105513
the applicant is in good standing under Chapter 1346. and Title	105514
LVII of the Revised Code. Upon approval, the commissioner shall	105515
issue to the applicant a license authorizing the applicant to	105516
engage in the business of manufacturer or importer, whichever the	105517
case may be, for one year commencing on the fourth Monday of May.	105518

~~(2)~~(3) The issuing of a license under division ~~(E)~~(F)(1) of	105519
this section to a manufacturer does not excuse a manufacturer	105520
from the certification process required under section 1346.05 of	105521
the Revised Code. A manufacturer who is issued a license under	105522
division ~~(E)~~(F)(1) of this section and who is not listed on the	105523
directory required under section 1346.05 of the Revised Code shall	105524
not be permitted to sell cigarettes in this state other than to a	105525
licensed cigarette wholesaler for sale outside this state. Such a	105526
manufacturer shall provide documentation to the commissioner	105527
evidencing that the cigarettes are legal for sale in another	105528
state.	105529

~~(3)~~(G) The tax commissioner may adopt rules necessary to	105530
administer ~~division (E) of~~ this section.	105531

Sec. 5743.61. (A) NoExcept as otherwise provided in this	105532
division, no distributor shall engage in the business of	105533
distributing tobacco products within this state without having a	105534
license issued by the department of taxation to engage in that	105535
business~~, except that on~~. On the dissolution of a partnership by	105536
death, the surviving partner may operate under the license of the	105537
partnership until the expiration of the license, and the heirs or	105538
legal representatives of deceased persons, and receivers and	105539
trustees in bankruptcy appointed by any competent authority, may	105540
operate under the license of the person succeeded in possession by	105541
the heir, representative, receiver, or trustee in bankruptcy if	105542
the partner or successor notifies the department of taxation of	105543
the dissolution or succession within thirty days after the	105544
dissolution or succession.	105545

(B)(1) Each applicant for a license to engage in the business	105546
of distributing tobacco products, annually, on or before the first	105547
day of February, shall make and deliver to the tax commissioner,	105548
upon a form furnished by the commissioner for that purpose, a	105549
statement showing the name of the applicant, each physical place	105550
from which the applicant distributes to distributors, retail	105551
dealers, or wholesale dealers, and any other information the	105552
commissioner considers necessary for the administration of	105553
sections 5743.51 to 5743.66 of the Revised Code.	105554

(2) At the time of making the license application, the	105555
applicant shall pay ~~a license~~an application fee of one ~~hundred~~	105556
thousand dollars for each place listed inon the application	105557
where hethe applicant proposes to carry on that business. The	105558
fee charged for the ~~license~~application shall accompany the	105559
application and shall be made payable to the treasurer of state	105560
for deposit into the cigarette tax enforcement fund.	105561

(3) Upon receipt of the application and payment of any	105562
licensing fee required by this section, the commissioner shall	105563
issue to the applicant a license for each place of distribution	105564
designated in the application authorizing the applicant to engage	105565
in business at that location for one year commencing on the first	105566
day of February. For licenses issued after the first day of	105567
February, the license application fee shall be reduced	105568
proportionately by the remainder of the twelve-month period for	105569
which the license is issued, except that the application fee	105570
required to be paid under this section shall be not less than two	105571
hundred dollars. If the original license is lost, destroyed, or	105572
defaced, a duplicate license may be obtained from the	105573
commissioner upon payment of a license replacement fee of	105574
twenty-five dollars.	105575

(C) The holder of a tobacco products license may transfer the	105576
license to a place of business ~~or may assign the license to~~	105577
~~another person for use,~~ on condition that the licensee's ownership	105578
and business structure remains unchanged and the licensee or	105579
~~assignee~~ applies to the commissioner for the transfer~~, upon forms~~	105580
on a form issued by the commissioner, and pays a transfer fee of	105581
twenty-five dollars.	105582

(D) If a distributor fails to file ~~the returns~~forms as	105583
required under Chapter 1346. or section 5743.52 of the Revised	105584
Code, or pay the tax due ~~thereon, on~~for two consecutive ~~months~~	105585
periods or three ~~months~~periods during any twelve-month period,	105586
the commissioner may suspend the license issued to the distributor	105587
under this section. The suspension is effective ten days after the	105588
commissioner notifies the distributor of the suspension in	105589
writing personally or by certified mail. The commissioner shall	105590
lift the suspension when the distributor files the delinquent	105591
~~returns~~forms and pays the tax due, including any penalties,	105592
interest, and additional charges. The commissioner may refuse to	105593
issue the annual renewal of the license required by this section	105594
and may refuse to issue a new license for the same location until	105595
all delinquent ~~returns~~forms are filed and outstanding taxes are	105596
paid. This division does not apply to any unpaid or underpaid tax	105597
liability that is the subject of a ~~petititon~~petition or appeal	105598
filed pursuant to section 5743.56, 5717.02, or 5717.04 of the	105599
Revised Code.	105600

Sec. 5747.01. Except as otherwise expressly provided or	105601
clearly appearing from the context, any term used in this chapter	105602
that is not otherwise defined in this section has the same meaning	105603
as when used in a comparable context in the laws of the United	105604
States relating to federal income taxes or if not used in a	105605
comparable context in those laws, has the same meaning as in	105606
section 5733.40 of the Revised Code. Any reference in this chapter	105607
to the Internal Revenue Code includes other laws of the United	105608
States relating to federal income taxes.	105609

As used in this chapter:

105610

(A) "Adjusted gross income" or "Ohio adjusted gross income"	105611
means federal adjusted gross income, as defined and used in the	105612
Internal Revenue Code, adjusted as provided in this section:	105613

(1) Add interest or dividends on obligations or securities of	105614
any state or of any political subdivision or authority of any	105615
state, other than this state and its subdivisions and authorities.	105616

(2) Add interest or dividends on obligations of any	105617
authority, commission, instrumentality, territory, or possession	105618
of the United States to the extent that the interest or dividends	105619
are exempt from federal income taxes but not from state income	105620
taxes.	105621

(3) Deduct interest or dividends on obligations of the United	105622
States and its territories and possessions or of any authority,	105623
commission, or instrumentality of the United States to the extent	105624
that the interest or dividends are included in federal adjusted	105625
gross income but exempt from state income taxes under the laws of	105626
the United States.	105627

(4) Deduct disability and survivor's benefits to the extent	105628
included in federal adjusted gross income.	105629

(5) Deduct benefits under Title II of the Social Security Act	105630
and tier 1 railroad retirement benefits to the extent included in	105631
federal adjusted gross income under section 86 of the Internal	105632
Revenue Code.	105633

(6) In the case of a taxpayer who is a beneficiary of a trust	105634
that makes an accumulation distribution as defined in section 665	105635
of the Internal Revenue Code, add, for the beneficiary's taxable	105636
years beginning before 2002, the portion, if any, of such	105637
distribution that does not exceed the undistributed net income of	105638
the trust for the three taxable years preceding the taxable year	105639
in which the distribution is made to the extent that the portion	105640
was not included in the trust's taxable income for any of the	105641
trust's taxable years beginning in 2002 or thereafter.	105642
"Undistributed net income of a trust" means the taxable income of	105643
the trust increased by (a)(i) the additions to adjusted gross	105644
income required under division (A) of this section and (ii) the	105645
personal exemptions allowed to the trust pursuant to section	105646
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	105647
deductions to adjusted gross income required under division (A) of	105648
this section, (ii) the amount of federal income taxes attributable	105649
to such income, and (iii) the amount of taxable income that has	105650
been included in the adjusted gross income of a beneficiary by	105651
reason of a prior accumulation distribution. Any undistributed net	105652
income included in the adjusted gross income of a beneficiary	105653
shall reduce the undistributed net income of the trust commencing	105654
with the earliest years of the accumulation period.	105655

(7) Deduct the amount of wages and salaries, if any, not	105656
otherwise allowable as a deduction but that would have been	105657
allowable as a deduction in computing federal adjusted gross	105658
income for the taxable year, had the targeted jobs credit allowed	105659
and determined under sections 38, 51, and 52 of the Internal	105660
Revenue Code not been in effect.	105661

(8) Deduct any interest or interest equivalent on public	105662
obligations and purchase obligations to the extent that the	105663
interest or interest equivalent is included in federal adjusted	105664
gross income.	105665

(9) Add any loss or deduct any gain resulting from the sale,	105666
exchange, or other disposition of public obligations to the extent	105667
that the loss has been deducted or the gain has been included in	105668
computing federal adjusted gross income.	105669

(10) Deduct or add amounts, as provided under section	105670
5747.70 of the Revised Code, related to contributions to variable	105671
college savings program accounts made or tuition units purchased	105672
pursuant to Chapter 3334. of the Revised Code.	105673

(11)(a) Deduct, to the extent not otherwise allowable as a	105674
deduction or exclusion in computing federal or Ohio adjusted gross	105675
income for the taxable year, the amount the taxpayer paid during	105676
the taxable year for medical care insurance and qualified	105677
long-term care insurance for the taxpayer, the taxpayer's spouse,	105678
and dependents. No deduction for medical care insurance under	105679
division (A)(11) of this section shall be allowed either to any	105680
taxpayer who is eligible to participate in any subsidized health	105681
plan maintained by any employer of the taxpayer or of the	105682
taxpayer's spouse, or to any taxpayer who is entitled to, or on	105683
application would be entitled to, benefits under part A of Title	105684
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	105685
301, as amended. For the purposes of division (A)(11)(a) of this	105686
section, "subsidized health plan" means a health plan for which	105687
the employer pays any portion of the plan's cost. The deduction	105688
allowed under division (A)(11)(a) of this section shall be the	105689
net of any related premium refunds, related premium	105690
reimbursements, or related insurance premium dividends received	105691
during the taxable year.	105692

(b) Deduct, to the extent not otherwise deducted or excluded	105693
in computing federal or Ohio adjusted gross income during the	105694
taxable year, the amount the taxpayer paid during the taxable	105695
year, not compensated for by any insurance or otherwise, for	105696
medical care of the taxpayer, the taxpayer's spouse, and	105697
dependents, to the extent the expenses exceed seven and one-half	105698
per cent of the taxpayer's federal adjusted gross income.	105699

(c) Deduct, to the extent not otherwise deducted or excluded	105700
in computing federal or Ohio adjusted gross income, any amount	105701
included in federal adjusted gross income under section 105 or not	105702
excluded under section 106 of the Internal Revenue Code solely	105703
because it relates to an accident and health plan for a person who	105704
otherwise would be a "qualifying relative" and thus a "dependent"	105705
under section 152 of the Internal Revenue Code but for the fact	105706
that the person fails to meet the income and support limitations	105707
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	105708

(d) For purposes of division (A)(11) of this section,	105709
"medical care" has the meaning given in section 213 of the	105710
Internal Revenue Code, subject to the special rules, limitations,	105711
and exclusions set forth therein, and "qualified long-term care"	105712
has the same meaning given in section 7702B(c) of the Internal	105713
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	105714
of this section, "dependent" includes a person who otherwise	105715
would be a "qualifying relative" and thus a "dependent" under	105716
section 152 of the Internal Revenue Code but for the fact that	105717
the person fails to meet the income and support limitations under	105718
section 152(d)(1)(B) and (C) of the Internal Revenue Code.	105719

(12)(a) Deduct any amount included in federal adjusted gross	105720
income solely because the amount represents a reimbursement or	105721
refund of expenses that in any year the taxpayer had deducted as	105722
an itemized deduction pursuant to section 63 of the Internal	105723
Revenue Code and applicable United States department of the	105724
treasury regulations. The deduction otherwise allowed under	105725
division (A)(12)(a) of this section shall be reduced to the extent	105726
the reimbursement is attributable to an amount the taxpayer	105727
deducted under this section in any taxable year.	105728

(b) Add any amount not otherwise included in Ohio adjusted	105729
gross income for any taxable year to the extent that the amount is	105730
attributable to the recovery during the taxable year of any amount	105731
deducted or excluded in computing federal or Ohio adjusted gross	105732
income in any taxable year.	105733

(13) Deduct any portion of the deduction described in section	105734
1341(a)(2) of the Internal Revenue Code, for repaying previously	105735
reported income received under a claim of right, that meets both	105736
of the following requirements:	105737

(a) It is allowable for repayment of an item that was	105738
included in the taxpayer's adjusted gross income for a prior	105739
taxable year and did not qualify for a credit under division (A)	105740
or (B) of section 5747.05 of the Revised Code for that year;	105741

(b) It does not otherwise reduce the taxpayer's adjusted	105742
gross income for the current or any other taxable year.	105743

(14) Deduct an amount equal to the deposits made to, and net	105744
investment earnings of, a medical savings account during the	105745
taxable year, in accordance with section 3924.66 of the Revised	105746
Code. The deduction allowed by division (A)(14) of this section	105747
does not apply to medical savings account deposits and earnings	105748
otherwise deducted or excluded for the current or any other	105749
taxable year from the taxpayer's federal adjusted gross income.	105750

(15)(a) Add an amount equal to the funds withdrawn from a	105751
medical savings account during the taxable year, and the net	105752
investment earnings on those funds, when the funds withdrawn were	105753
used for any purpose other than to reimburse an account holder	105754
for, or to pay, eligible medical expenses, in accordance with	105755
section 3924.66 of the Revised Code;	105756

(b) Add the amounts distributed from a medical savings	105757
account under division (A)(2) of section 3924.68 of the Revised	105758
Code during the taxable year.	105759

(16) Add any amount claimed as a credit under section	105760
5747.059 of the Revised Code to the extent that such amount	105761
satisfies either of the following:	105762

(a) The amount was deducted or excluded from the computation	105763
of the taxpayer's federal adjusted gross income as required to be	105764
reported for the taxpayer's taxable year under the Internal	105765
Revenue Code;	105766

(b) The amount resulted in a reduction of the taxpayer's	105767
federal adjusted gross income as required to be reported for any	105768
of the taxpayer's taxable years under the Internal Revenue Code.	105769

(17) Deduct the amount contributed by the taxpayer to an	105770
individual development account program established by a county	105771
department of job and family services pursuant to sections 329.11	105772
to 329.14 of the Revised Code for the purpose of matching funds	105773
deposited by program participants. On request of the tax	105774
commissioner, the taxpayer shall provide any information that, in	105775
the tax commissioner's opinion, is necessary to establish the	105776
amount deducted under division (A)(17) of this section.	105777

(18) Beginning in taxable year 2001 but not for any taxable	105778
year beginning after December 31, 2005, if the taxpayer is married	105779
and files a joint return and the combined federal adjusted gross	105780
income of the taxpayer and the taxpayer's spouse for the taxable	105781
year does not exceed one hundred thousand dollars, or if the	105782
taxpayer is single and has a federal adjusted gross income for the	105783
taxable year not exceeding fifty thousand dollars, deduct amounts	105784
paid during the taxable year for qualified tuition and fees paid	105785
to an eligible institution for the taxpayer, the taxpayer's	105786
spouse, or any dependent of the taxpayer, who is a resident of	105787
this state and is enrolled in or attending a program that	105788
culminates in a degree or diploma at an eligible institution. The	105789
deduction may be claimed only to the extent that qualified tuition	105790
and fees are not otherwise deducted or excluded for any taxable	105791
year from federal or Ohio adjusted gross income. The deduction may	105792
not be claimed for educational expenses for which the taxpayer	105793
claims a credit under section 5747.27 of the Revised Code.	105794

(19) Add any reimbursement received during the taxable year	105795
of any amount the taxpayer deducted under division (A)(18) of this	105796
section in any previous taxable year to the extent the amount is	105797
not otherwise included in Ohio adjusted gross income.	105798

(20)(a)(i) Add five-sixths of the amount of depreciation	105799
expense allowed by subsection (k) of section 168 of the Internal	105800
Revenue Code, including the taxpayer's proportionate or	105801
distributive share of the amount of depreciation expense allowed	105802
by that subsection to a pass-through entity in which the taxpayer	105803
has a direct or indirect ownership interest.	105804

(ii) Add five-sixths of the amount of qualifying section 179	105805
depreciation expense, including a person's proportionate or	105806
distributive share of the amount of qualifying section 179	105807
depreciation expense allowed to any pass-through entity in which	105808
the person has a direct or indirect ownership. For the purposes of	105809
this division, "qualifying section 179 depreciation expense" means	105810
the difference between (I) the amount of depreciation expense	105811
directly or indirectly allowed to the taxpayer under section 179	105812
of the Internal Revenue Code, and (II) the amount of depreciation	105813
expense directly or indirectly allowed to the taxpayer under	105814
section 179 of the Internal Revenue Code as that section existed	105815
on December 31, 2002.	105816

The tax commissioner, under procedures established by the	105817
commissioner, may waive the add-backs related to a pass-through	105818
entity if the taxpayer owns, directly or indirectly, less than	105819
five per cent of the pass-through entity.	105820

(b) Nothing in division (A)(20) of this section shall be	105821
construed to adjust or modify the adjusted basis of any asset.	105822

(c) To the extent the add-back required under division	105823
(A)(20)(a) of this section is attributable to property generating	105824
nonbusiness income or loss allocated under section 5747.20 of the	105825
Revised Code, the add-back shall be sitused to the same location	105826
as the nonbusiness income or loss generated by the property for	105827
the purpose of determining the credit under division (A) of	105828
section 5747.05 of the Revised Code. Otherwise, the add-back shall	105829
be apportioned, subject to one or more of the four alternative	105830
methods of apportionment enumerated in section 5747.21 of the	105831
Revised Code.	105832

(d) For the purposes of division (A) of this section, net	105833
operating loss carryback and carryforward shall not include	105834
five-sixths of the allowance of any net operating loss deduction	105835
carryback or carryforward to the taxable year to the extent such	105836
loss resulted from depreciation allowed by section 168(k) of the	105837
Internal Revenue Code and by the qualifying section 179	105838
depreciation expense amount.	105839

(21)(a) If the taxpayer was required to add an amount under	105840
division (A)(20)(a) of this section for a taxable year, deduct	105841
one-fifth of the amount so added for each of the five succeeding	105842
taxable years.	105843

(b) If the amount deducted under division (A)(21)(a) of this	105844
section is attributable to an add-back allocated under division	105845
(A)(20)(c) of this section, the amount deducted shall be sitused	105846
to the same location. Otherwise, the add-back shall be apportioned	105847
using the apportionment factors for the taxable year in which the	105848
deduction is taken, subject to one or more of the four alternative	105849
methods of apportionment enumerated in section 5747.21 of the	105850
Revised Code.	105851

(c) No deduction is available under division (A)(21)(a) of	105852
this section with regard to any depreciation allowed by section	105853
168(k) of the Internal Revenue Code and by the qualifying section	105854
179 depreciation expense amount to the extent that such	105855
depreciation resulted in or increased a federal net operating loss	105856
carryback or carryforward to a taxable year to which division	105857
(A)(20)(d) of this section does not apply.	105858

(22) Deduct, to the extent not otherwise deducted or excluded	105859
in computing federal or Ohio adjusted gross income for the taxable	105860
year, the amount the taxpayer received during the taxable year as	105861
reimbursement for life insurance premiums under section 5919.31 of	105862
the Revised Code.	105863

(23) Deduct, to the extent not otherwise deducted or excluded	105864
in computing federal or Ohio adjusted gross income for the taxable	105865
year, the amount the taxpayer received during the taxable year as	105866
a death benefit paid by the adjutant general under section 5919.33	105867
of the Revised Code.	105868

(24) Deduct, to the extent included in federal adjusted gross	105869
income and not otherwise allowable as a deduction or exclusion in	105870
computing federal or Ohio adjusted gross income for the taxable	105871
year, military pay and allowances received by the taxpayer during	105872
the taxable year for active duty service in the United States	105873
army, air force, navy, marine corps, or coast guard or reserve	105874
components thereof or the national guard. The deduction may not be	105875
claimed for military pay and allowances received by the taxpayer	105876
while the taxpayer is stationed in this state.	105877

(25) Deduct, to the extent not otherwise allowable as a	105878
deduction or exclusion in computing federal or Ohio adjusted gross	105879
income for the taxable year and not otherwise compensated for by	105880
any other source, the amount of qualified organ donation expenses	105881
incurred by the taxpayer during the taxable year, not to exceed	105882
ten thousand dollars. A taxpayer may deduct qualified organ	105883
donation expenses only once for all taxable years beginning with	105884
taxable years beginning in 2007.	105885

For the purposes of division (A)(25) of this section:

105886

(a) "Human organ" means all or any portion of a human liver,	105887
pancreas, kidney, intestine, or lung, and any portion of human	105888
bone marrow.	105889

(b) "Qualified organ donation expenses" means travel	105890
expenses, lodging expenses, and wages and salary forgone by a	105891
taxpayer in connection with the taxpayer's donation, while living,	105892
of one or more of the taxpayer's human organs to another human	105893
being.	105894

(26) Deduct, to the extent not otherwise deducted or excluded	105895
in computing federal or Ohio adjusted gross income for the taxable	105896
year, amounts received by the taxpayer as retired military	105897
personnel pay for service in the United States army, navy, air	105898
force, coast guard, or marine corps or reserve components thereof,	105899
or the national guard, or received by the surviving spouse or	105900
former spouse of such a taxpayer under the survivor benefit plan	105901
on account of such a taxpayer's death. If the taxpayer receives	105902
income on account of retirement paid under the federal civil	105903
service retirement system or federal employees retirement system,	105904
or under any successor retirement program enacted by the congress	105905
of the United States that is established and maintained for	105906
retired employees of the United States government, and such	105907
retirement income is based, in whole or in part, on credit for	105908
the taxpayer's military service, the deduction allowed under this	105909
division shall include only that portion of such retirement	105910
income that is attributable to the taxpayer's military service,	105911
to the extent that portion of such retirement income is otherwise	105912
included in federal adjusted gross income and is not otherwise	105913
deducted under this section. Any amount deducted under division	105914
(A)(26) of this section is not included in a taxpayer's	105915
adjusted gross income for the purposes of section 5747.055 of	105916
the Revised Code. No amount may be deducted under division	105917
(A)(26) of this section on the basis of which a credit was	105918
claimed under section 5747.055 of the Revised Code.	105919

(27) Deduct, to the extent not otherwise deducted or excluded	105920
in computing federal or Ohio adjusted gross income for the taxable	105921
year, the amount the taxpayer received during the taxable year	105922
from the military injury relief fund created in section 5101.98 of	105923
the Revised Code.	105924

(B) "Business income" means income, including gain or loss,	105925
arising from transactions, activities, and sources in the regular	105926
course of a trade or business and includes income, gain, or loss	105927
from real property, tangible property, and intangible property if	105928
the acquisition, rental, management, and disposition of the	105929
property constitute integral parts of the regular course of a	105930
trade or business operation. "Business income" includes income,	105931
including gain or loss, from a partial or complete liquidation of	105932
a business, including, but not limited to, gain or loss from the	105933
sale or other disposition of goodwill.	105934

(C) "Nonbusiness income" means all income other than business	105935
income and may include, but is not limited to, compensation, rents	105936
and royalties from real or tangible personal property, capital	105937
gains, interest, dividends and distributions, patent or copyright	105938
royalties, or lottery winnings, prizes, and awards.	105939

(D) "Compensation" means any form of remuneration paid to an	105940
employee for personal services.	105941

(E) "Fiduciary" means a guardian, trustee, executor,	105942
administrator, receiver, conservator, or any other person acting	105943
in any fiduciary capacity for any individual, trust, or estate.	105944

(F) "Fiscal year" means an accounting period of twelve months	105945
ending on the last day of any month other than December.	105946

(G) "Individual" means any natural person.

105947

(H) "Internal Revenue Code" means the "Internal Revenue Code	105948
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	105949

(I) "Resident" means any of the following, provided that	105950
division (I)(3) of this section applies only to taxable years of a	105951
trust beginning in 2002 or thereafter:	105952

(1) An individual who is domiciled in this state, subject to	105953
section 5747.24 of the Revised Code;	105954

(2) The estate of a decedent who at the time of death was	105955
domiciled in this state. The domicile tests of section 5747.24 of	105956
the Revised Code are not controlling for purposes of division	105957
(I)(2) of this section.	105958

(3) A trust that, in whole or part, resides in this state. If	105959
only part of a trust resides in this state, the trust is a	105960
resident only with respect to that part.	105961

For the purposes of division (I)(3) of this section:

105962

(a) A trust resides in this state for the trust's current	105963
taxable year to the extent, as described in division (I)(3)(d) of	105964
this section, that the trust consists directly or indirectly, in	105965
whole or in part, of assets, net of any related liabilities, that	105966
were transferred, or caused to be transferred, directly or	105967
indirectly, to the trust by any of the following:	105968

(i) A person, a court, or a governmental entity or	105969
instrumentality on account of the death of a decedent, but only if	105970
the trust is described in division (I)(3)(e)(i) or (ii) of this	105971
section;	105972

(ii) A person who was domiciled in this state for the	105973
purposes of this chapter when the person directly or indirectly	105974
transferred assets to an irrevocable trust, but only if at least	105975
one of the trust's qualifying beneficiaries is domiciled in this	105976
state for the purposes of this chapter during all or some portion	105977
of the trust's current taxable year;	105978

(iii) A person who was domiciled in this state for the	105979
purposes of this chapter when the trust document or instrument or	105980
part of the trust document or instrument became irrevocable, but	105981
only if at least one of the trust's qualifying beneficiaries is a	105982
resident domiciled in this state for the purposes of this chapter	105983
during all or some portion of the trust's current taxable year. If	105984
a trust document or instrument became irrevocable upon the death	105985
of a person who at the time of death was domiciled in this state	105986
for purposes of this chapter, that person is a person described in	105987
division (I)(3)(a)(iii) of this section.	105988

(b) A trust is irrevocable to the extent that the transferor	105989
is not considered to be the owner of the net assets of the trust	105990
under sections 671 to 678 of the Internal Revenue Code.	105991

(c) With respect to a trust other than a charitable lead	105992
trust, "qualifying beneficiary" has the same meaning as "potential	105993
current beneficiary" as defined in section 1361(e)(2) of the	105994
Internal Revenue Code, and with respect to a charitable lead trust	105995
"qualifying beneficiary" is any current, future, or contingent	105996
beneficiary, but with respect to any trust "qualifying	105997
beneficiary" excludes a person or a governmental entity or	105998
instrumentality to any of which a contribution would qualify for	105999
the charitable deduction under section 170 of the Internal Revenue	106000
Code.	106001

(d) For the purposes of division (I)(3)(a) of this section,	106002
the extent to which a trust consists directly or indirectly, in	106003
whole or in part, of assets, net of any related liabilities, that	106004
were transferred directly or indirectly, in whole or part, to the	106005
trust by any of the sources enumerated in that division shall be	106006
ascertained by multiplying the fair market value of the trust's	106007
assets, net of related liabilities, by the qualifying ratio, which	106008
shall be computed as follows:	106009

(i) The first time the trust receives assets, the numerator	106010
of the qualifying ratio is the fair market value of those assets	106011
at that time, net of any related liabilities, from sources	106012
enumerated in division (I)(3)(a) of this section. The denominator	106013
of the qualifying ratio is the fair market value of all the	106014
trust's assets at that time, net of any related liabilities.	106015

(ii) Each subsequent time the trust receives assets, a	106016
revised qualifying ratio shall be computed. The numerator of the	106017
revised qualifying ratio is the sum of (1) the fair market value	106018
of the trust's assets immediately prior to the subsequent	106019
transfer, net of any related liabilities, multiplied by the	106020
qualifying ratio last computed without regard to the subsequent	106021
transfer, and (2) the fair market value of the subsequently	106022
transferred assets at the time transferred, net of any related	106023
liabilities, from sources enumerated in division (I)(3)(a) of this	106024
section. The denominator of the revised qualifying ratio is the	106025
fair market value of all the trust's assets immediately after the	106026
subsequent transfer, net of any related liabilities.	106027

(iii) Whether a transfer to the trust is by or from any of	106028
the sources enumerated in division (I)(3)(a) of this section shall	106029
be ascertained without regard to the domicile of the trust's	106030
beneficiaries.	106031

(e) For the purposes of division (I)(3)(a)(i) of this	106032
section:	106033

(i) A trust is described in division (I)(3)(e)(i) of this	106034
section if the trust is a testamentary trust and the testator of	106035
that testamentary trust was domiciled in this state at the time of	106036
the testator's death for purposes of the taxes levied under	106037
Chapter 5731. of the Revised Code.	106038

(ii) A trust is described in division (I)(3)(e)(ii) of this	106039
section if the transfer is a qualifying transfer described in any	106040
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	106041
irrevocable inter vivos trust, and at least one of the trust's	106042
qualifying beneficiaries is domiciled in this state for purposes	106043
of this chapter during all or some portion of the trust's current	106044
taxable year.	106045

(f) For the purposes of division (I)(3)(e)(ii) of this	106046
section, a "qualifying transfer" is a transfer of assets, net of	106047
any related liabilities, directly or indirectly to a trust, if the	106048
transfer is described in any of the following:	106049

(i) The transfer is made to a trust, created by the decedent	106050
before the decedent's death and while the decedent was domiciled	106051
in this state for the purposes of this chapter, and, prior to the	106052
death of the decedent, the trust became irrevocable while the	106053
decedent was domiciled in this state for the purposes of this	106054
chapter.	106055

(ii) The transfer is made to a trust to which the decedent,	106056
prior to the decedent's death, had directly or indirectly	106057
transferred assets, net of any related liabilities, while the	106058
decedent was domiciled in this state for the purposes of this	106059
chapter, and prior to the death of the decedent the trust became	106060
irrevocable while the decedent was domiciled in this state for the	106061
purposes of this chapter.	106062

(iii) The transfer is made on account of a contractual	106063
relationship existing directly or indirectly between the	106064
transferor and either the decedent or the estate of the decedent	106065
at any time prior to the date of the decedent's death, and the	106066
decedent was domiciled in this state at the time of death for	106067
purposes of the taxes levied under Chapter 5731. of the Revised	106068
Code.	106069

(iv) The transfer is made to a trust on account of a	106070
contractual relationship existing directly or indirectly between	106071
the transferor and another person who at the time of the	106072
decedent's death was domiciled in this state for purposes of this	106073
chapter.	106074

(v) The transfer is made to a trust on account of the will of	106075
a testator.	106076

(vi) The transfer is made to a trust created by or caused to	106077
be created by a court, and the trust was directly or indirectly	106078
created in connection with or as a result of the death of an	106079
individual who, for purposes of the taxes levied under Chapter	106080
5731. of the Revised Code, was domiciled in this state at the time	106081
of the individual's death.	106082

(g) The tax commissioner may adopt rules to ascertain the	106083
part of a trust residing in this state.	106084

(J) "Nonresident" means an individual or estate that is not a	106085
resident. An individual who is a resident for only part of a	106086
taxable year is a nonresident for the remainder of that taxable	106087
year.	106088

(K) "Pass-through entity" has the same meaning as in section	106089
5733.04 of the Revised Code.	106090

(L) "Return" means the notifications and reports required to	106091
be filed pursuant to this chapter for the purpose of reporting the	106092
tax due and includes declarations of estimated tax when so	106093
required.	106094

(M) "Taxable year" means the calendar year or the taxpayer's	106095
fiscal year ending during the calendar year, or fractional part	106096
thereof, upon which the adjusted gross income is calculated	106097
pursuant to this chapter.	106098

(N) "Taxpayer" means any person subject to the tax imposed by	106099
section 5747.02 of the Revised Code or any pass-through entity	106100
that makes the election under division (D) of section 5747.08 of	106101
the Revised Code.	106102

(O) "Dependents" means dependents as defined in the Internal	106103
Revenue Code and as claimed in the taxpayer's federal income tax	106104
return for the taxable year or which the taxpayer would have been	106105
permitted to claim had the taxpayer filed a federal income tax	106106
return.	106107

(P) "Principal county of employment" means, in the case of a	106108
nonresident, the county within the state in which a taxpayer	106109
performs services for an employer or, if those services are	106110
performed in more than one county, the county in which the major	106111
portion of the services are performed.	106112

(Q) As used in sections 5747.50 to 5747.55 of the Revised	106113
Code:	106114

(1) "Subdivision" means any county, municipal corporation,	106115
park district, or township.	106116

(2) "Essential local government purposes" includes all	106117
functions that any subdivision is required by general law to	106118
exercise, including like functions that are exercised under a	106119
charter adopted pursuant to the Ohio Constitution.	106120

(R) "Overpayment" means any amount already paid that exceeds	106121
the figure determined to be the correct amount of the tax.	106122

(S) "Taxable income" or "Ohio taxable income" applies only to	106123
estates and trusts, and means federal taxable income, as defined	106124
and used in the Internal Revenue Code, adjusted as follows:	106125

(1) Add interest or dividends, net of ordinary, necessary,	106126
and reasonable expenses not deducted in computing federal taxable	106127
income, on obligations or securities of any state or of any	106128
political subdivision or authority of any state, other than this	106129
state and its subdivisions and authorities, but only to the extent	106130
that such net amount is not otherwise includible in Ohio taxable	106131
income and is described in either division (S)(1)(a) or (b) of	106132
this section:	106133

(a) The net amount is not attributable to the S portion of an	106134
electing small business trust and has not been distributed to	106135
beneficiaries for the taxable year;	106136

(b) The net amount is attributable to the S portion of an	106137
electing small business trust for the taxable year.	106138

(2) Add interest or dividends, net of ordinary, necessary,	106139
and reasonable expenses not deducted in computing federal taxable	106140
income, on obligations of any authority, commission,	106141
instrumentality, territory, or possession of the United States to	106142
the extent that the interest or dividends are exempt from federal	106143
income taxes but not from state income taxes, but only to the	106144
extent that such net amount is not otherwise includible in Ohio	106145
taxable income and is described in either division (S)(1)(a) or	106146
(b) of this section;	106147

(3) Add the amount of personal exemption allowed to the	106148
estate pursuant to section 642(b) of the Internal Revenue Code;	106149

(4) Deduct interest or dividends, net of related expenses	106150
deducted in computing federal taxable income, on obligations of	106151
the United States and its territories and possessions or of any	106152
authority, commission, or instrumentality of the United States to	106153
the extent that the interest or dividends are exempt from state	106154
taxes under the laws of the United States, but only to the extent	106155
that such amount is included in federal taxable income and is	106156
described in either division (S)(1)(a) or (b) of this section;	106157

(5) Deduct the amount of wages and salaries, if any, not	106158
otherwise allowable as a deduction but that would have been	106159
allowable as a deduction in computing federal taxable income for	106160
the taxable year, had the targeted jobs credit allowed under	106161
sections 38, 51, and 52 of the Internal Revenue Code not been in	106162
effect, but only to the extent such amount relates either to	106163
income included in federal taxable income for the taxable year or	106164
to income of the S portion of an electing small business trust for	106165
the taxable year;	106166

(6) Deduct any interest or interest equivalent, net of	106167
related expenses deducted in computing federal taxable income, on	106168
public obligations and purchase obligations, but only to the	106169
extent that such net amount relates either to income included in	106170
federal taxable income for the taxable year or to income of the S	106171
portion of an electing small business trust for the taxable year;	106172

(7) Add any loss or deduct any gain resulting from sale,	106173
exchange, or other disposition of public obligations to the extent	106174
that such loss has been deducted or such gain has been included in	106175
computing either federal taxable income or income of the S portion	106176
of an electing small business trust for the taxable year;	106177

(8) Except in the case of the final return of an estate, add	106178
any amount deducted by the taxpayer on both its Ohio estate tax	106179
return pursuant to section 5731.14 of the Revised Code, and on its	106180
federal income tax return in determining federal taxable income;	106181

(9)(a) Deduct any amount included in federal taxable income	106182
solely because the amount represents a reimbursement or refund of	106183
expenses that in a previous year the decedent had deducted as an	106184
itemized deduction pursuant to section 63 of the Internal Revenue	106185
Code and applicable treasury regulations. The deduction otherwise	106186
allowed under division (S)(9)(a) of this section shall be reduced	106187
to the extent the reimbursement is attributable to an amount the	106188
taxpayer or decedent deducted under this section in any taxable	106189
year.	106190

(b) Add any amount not otherwise included in Ohio taxable	106191
income for any taxable year to the extent that the amount is	106192
attributable to the recovery during the taxable year of any amount	106193
deducted or excluded in computing federal or Ohio taxable income	106194
in any taxable year, but only to the extent such amount has not	106195
been distributed to beneficiaries for the taxable year.	106196

(10) Deduct any portion of the deduction described in section	106197
1341(a)(2) of the Internal Revenue Code, for repaying previously	106198
reported income received under a claim of right, that meets both	106199
of the following requirements:	106200

(a) It is allowable for repayment of an item that was	106201
included in the taxpayer's taxable income or the decedent's	106202
adjusted gross income for a prior taxable year and did not qualify	106203
for a credit under division (A) or (B) of section 5747.05 of the	106204
Revised Code for that year.	106205

(b) It does not otherwise reduce the taxpayer's taxable	106206
income or the decedent's adjusted gross income for the current or	106207
any other taxable year.	106208

(11) Add any amount claimed as a credit under section	106209
5747.059 of the Revised Code to the extent that the amount	106210
satisfies either of the following:	106211

(a) The amount was deducted or excluded from the computation	106212
of the taxpayer's federal taxable income as required to be	106213
reported for the taxpayer's taxable year under the Internal	106214
Revenue Code;	106215

(b) The amount resulted in a reduction in the taxpayer's	106216
federal taxable income as required to be reported for any of the	106217
taxpayer's taxable years under the Internal Revenue Code.	106218

(12) Deduct any amount, net of related expenses deducted in	106219
computing federal taxable income, that a trust is required to	106220
report as farm income on its federal income tax return, but only	106221
if the assets of the trust include at least ten acres of land	106222
satisfying the definition of "land devoted exclusively to	106223
agricultural use" under section 5713.30 of the Revised Code,	106224
regardless of whether the land is valued for tax purposes as such	106225
land under sections 5713.30 to 5713.38 of the Revised Code. If the	106226
trust is a pass-through entity investor, section 5747.231 of the	106227
Revised Code applies in ascertaining if the trust is eligible to	106228
claim the deduction provided by division (S)(12) of this section	106229
in connection with the pass-through entity's farm income.	106230

Except for farm income attributable to the S portion of an	106231
electing small business trust, the deduction provided by division	106232
(S)(12) of this section is allowed only to the extent that the	106233
trust has not distributed such farm income. Division (S)(12) of	106234
this section applies only to taxable years of a trust beginning in	106235
2002 or thereafter.	106236

(13) Add the net amount of income described in section 641(c)	106237
of the Internal Revenue Code to the extent that amount is not	106238
included in federal taxable income.	106239

(14) Add or deduct the amount the taxpayer would be required	106240
to add or deduct under division (A)(20) or (21) of this section if	106241
the taxpayer's Ohio taxable income were computed in the same	106242
manner as an individual's Ohio adjusted gross income is computed	106243
under this section. In the case of a trust, division (S)(14) of	106244
this section applies only to any of the trust's taxable years	106245
beginning in 2002 or thereafter.	106246

(T) "School district income" and "school district income tax"	106247
have the same meanings as in section 5748.01 of the Revised Code.	106248

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	106249
of this section, "public obligations," "purchase obligations," and	106250
"interest or interest equivalent" have the same meanings as in	106251
section 5709.76 of the Revised Code.	106252

(V) "Limited liability company" means any limited liability	106253
company formed under Chapter 1705. of the Revised Code or under	106254
the laws of any other state.	106255

(W) "Pass-through entity investor" means any person who,	106256
during any portion of a taxable year of a pass-through entity, is	106257
a partner, member, shareholder, or equity investor in that	106258
pass-through entity.	106259

(X) "Banking day" has the same meaning as in section 1304.01	106260
of the Revised Code.	106261

(Y) "Month" means a calendar month.

106262

(Z) "Quarter" means the first three months, the second three	106263
months, the third three months, or the last three months of the	106264
taxpayer's taxable year.	106265

(AA)(1) "Eligible institution" means a state university or	106266
state institution of higher education as defined in section	106267
3345.011 of the Revised Code, or a private, nonprofit college,	106268
university, or other post-secondary institution located in this	106269
state that possesses a certificate of authorization issued by the	106270
Ohio board of regents pursuant to Chapter 1713. of the Revised	106271
Code or a certificate of registration issued by the state board of	106272
career colleges and schools under Chapter 3332. of the Revised	106273
Code.	106274

(2) "Qualified tuition and fees" means tuition and fees	106275
imposed by an eligible institution as a condition of enrollment or	106276
attendance, not exceeding two thousand five hundred dollars in	106277
each of the individual's first two years of post-secondary	106278
education. If the individual is a part-time student, "qualified	106279
tuition and fees" includes tuition and fees paid for the academic	106280
equivalent of the first two years of post-secondary education	106281
during a maximum of five taxable years, not exceeding a total of	106282
five thousand dollars. "Qualified tuition and fees" does not	106283
include:	106284

(a) Expenses for any course or activity involving sports,	106285
games, or hobbies unless the course or activity is part of the	106286
individual's degree or diploma program;	106287

(b) The cost of books, room and board, student activity fees,	106288
athletic fees, insurance expenses, or other expenses unrelated to	106289
the individual's academic course of instruction;	106290

(c) Tuition, fees, or other expenses paid or reimbursed	106291
through an employer, scholarship, grant in aid, or other	106292
educational benefit program.	106293

(BB)(1) "Modified business income" means the business income	106294
included in a trust's Ohio taxable income after such taxable	106295
income is first reduced by the qualifying trust amount, if any.	106296

(2) "Qualifying trust amount" of a trust means capital gains	106297
and losses from the sale, exchange, or other disposition of equity	106298
or ownership interests in, or debt obligations of, a qualifying	106299
investee to the extent included in the trust's Ohio taxable	106300
income, but only if the following requirements are satisfied:	106301

(a) The book value of the qualifying investee's physical	106302
assets in this state and everywhere, as of the last day of the	106303
qualifying investee's fiscal or calendar year ending immediately	106304
prior to the date on which the trust recognizes the gain or loss,	106305
is available to the trust.	106306

(b) The requirements of section 5747.011 of the Revised Code	106307
are satisfied for the trust's taxable year in which the trust	106308
recognizes the gain or loss.	106309

Any gain or loss that is not a qualifying trust amount is	106310
modified business income, qualifying investment income, or	106311
modified nonbusiness income, as the case may be.	106312

(3) "Modified nonbusiness income" means a trust's Ohio	106313
taxable income other than modified business income, other than the	106314
qualifying trust amount, and other than qualifying investment	106315
income, as defined in section 5747.012 of the Revised Code, to the	106316
extent such qualifying investment income is not otherwise part of	106317
modified business income.	106318

(4) "Modified Ohio taxable income" applies only to trusts,	106319
and means the sum of the amounts described in divisions (BB)(4)(a)	106320
to (c) of this section:	106321

(a) The fraction, calculated under section 5747.013, and	106322
applying section 5747.231 of the Revised Code, multiplied by the	106323
sum of the following amounts:	106324

(i) The trust's modified business income;

106325

(ii) The trust's qualifying investment income, as defined in	106326
section 5747.012 of the Revised Code, but only to the extent the	106327
qualifying investment income does not otherwise constitute	106328
modified business income and does not otherwise constitute a	106329
qualifying trust amount.	106330

(b) The qualifying trust amount multiplied by a fraction, the	106331
numerator of which is the sum of the book value of the qualifying	106332
investee's physical assets in this state on the last day of the	106333
qualifying investee's fiscal or calendar year ending immediately	106334
prior to the day on which the trust recognizes the qualifying	106335
trust amount, and the denominator of which is the sum of the book	106336
value of the qualifying investee's total physical assets	106337
everywhere on the last day of the qualifying investee's fiscal or	106338
calendar year ending immediately prior to the day on which the	106339
trust recognizes the qualifying trust amount. If, for a taxable	106340
year, the trust recognizes a qualifying trust amount with respect	106341
to more than one qualifying investee, the amount described in	106342
division (BB)(4)(b) of this section shall equal the sum of the	106343
products so computed for each such qualifying investee.	106344

(c)(i) With respect to a trust or portion of a trust that is	106345
a resident as ascertained in accordance with division (I)(3)(d) of	106346
this section, its modified nonbusiness income.	106347

(ii) With respect to a trust or portion of a trust that is	106348
not a resident as ascertained in accordance with division	106349
(I)(3)(d) of this section, the amount of its modified nonbusiness	106350
income satisfying the descriptions in divisions (B)(2) to (5) of	106351
section 5747.20 of the Revised Code, except as otherwise provided	106352
in division (BB)(4)(c)(ii) of this section. With respect to a	106353
trust or portion of a trust that is not a resident as ascertained	106354
in accordance with division (I)(3)(d) of this section, the trust's	106355
portion of modified nonbusiness income recognized from the sale,	106356
exchange, or other disposition of a debt interest in or equity	106357
interest in a section 5747.212 entity, as defined in section	106358
5747.212 of the Revised Code, without regard to division (A) of	106359
that section, shall not be allocated to this state in accordance	106360
with section 5747.20 of the Revised Code but shall be apportioned	106361
to this state in accordance with division (B) of section 5747.212	106362
of the Revised Code without regard to division (A) of that	106363
section.	106364

If the allocation and apportionment of a trust's income under	106365
divisions (BB)(4)(a) and (c) of this section do not fairly	106366
represent the modified Ohio taxable income of the trust in this	106367
state, the alternative methods described in division (C) of	106368
section 5747.21 of the Revised Code may be applied in the manner	106369
and to the same extent provided in that section.	106370

(5)(a) Except as set forth in division (BB)(5)(b) of this	106371
section, "qualifying investee" means a person in which a trust has	106372
an equity or ownership interest, or a person or unit of government	106373
the debt obligations of either of which are owned by a trust. For	106374
the purposes of division (BB)(2)(a) of this section and for the	106375
purpose of computing the fraction described in division (BB)(4)(b)	106376
of this section, all of the following apply:	106377

(i) If the qualifying investee is a member of a qualifying	106378
controlled group on the last day of the qualifying investee's	106379
fiscal or calendar year ending immediately prior to the date on	106380
which the trust recognizes the gain or loss, then "qualifying	106381
investee" includes all persons in the qualifying controlled group	106382
on such last day.	106383

(ii) If the qualifying investee, or if the qualifying	106384
investee and any members of the qualifying controlled group of	106385
which the qualifying investee is a member on the last day of the	106386
qualifying investee's fiscal or calendar year ending immediately	106387
prior to the date on which the trust recognizes the gain or loss,	106388
separately or cumulatively own, directly or indirectly, on the	106389
last day of the qualifying investee's fiscal or calendar year	106390
ending immediately prior to the date on which the trust recognizes	106391
the qualifying trust amount, more than fifty per cent of the	106392
equity of a pass-through entity, then the qualifying investee and	106393
the other members are deemed to own the proportionate share of the	106394
pass-through entity's physical assets which the pass-through	106395
entity directly or indirectly owns on the last day of the	106396
pass-through entity's calendar or fiscal year ending within or	106397
with the last day of the qualifying investee's fiscal or calendar	106398
year ending immediately prior to the date on which the trust	106399
recognizes the qualifying trust amount.	106400

(iii) For the purposes of division (BB)(5)(a)(iii) of this	106401
section, "upper level pass-through entity" means a pass-through	106402
entity directly or indirectly owning any equity of another	106403
pass-through entity, and "lower level pass-through entity" means	106404
that other pass-through entity.	106405

An upper level pass-through entity, whether or not it is also	106406
a qualifying investee, is deemed to own, on the last day of the	106407
upper level pass-through entity's calendar or fiscal year, the	106408
proportionate share of the lower level pass-through entity's	106409
physical assets that the lower level pass-through entity directly	106410
or indirectly owns on the last day of the lower level pass-through	106411
entity's calendar or fiscal year ending within or with the last	106412
day of the upper level pass-through entity's fiscal or calendar	106413
year. If the upper level pass-through entity directly and	106414
indirectly owns less than fifty per cent of the equity of the	106415
lower level pass-through entity on each day of the upper level	106416
pass-through entity's calendar or fiscal year in which or with	106417
which ends the calendar or fiscal year of the lower level	106418
pass-through entity and if, based upon clear and convincing	106419
evidence, complete information about the location and cost of the	106420
physical assets of the lower pass-through entity is not available	106421
to the upper level pass-through entity, then solely for purposes	106422
of ascertaining if a gain or loss constitutes a qualifying trust	106423
amount, the upper level pass-through entity shall be deemed as	106424
owning no equity of the lower level pass-through entity for each	106425
day during the upper level pass-through entity's calendar or	106426
fiscal year in which or with which ends the lower level	106427
pass-through entity's calendar or fiscal year. Nothing in division	106428
(BB)(5)(a)(iii) of this section shall be construed to provide for	106429
any deduction or exclusion in computing any trust's Ohio taxable	106430
income.	106431

(b) With respect to a trust that is not a resident for the	106432
taxable year and with respect to a part of a trust that is not a	106433
resident for the taxable year, "qualifying investee" for that	106434
taxable year does not include a C corporation if both of the	106435
following apply:	106436

(i) During the taxable year the trust or part of the trust	106437
recognizes a gain or loss from the sale, exchange, or other	106438
disposition of equity or ownership interests in, or debt	106439
obligations of, the C corporation.	106440

(ii) Such gain or loss constitutes nonbusiness income.

106441

(6) "Available" means information is such that a person is	106442
able to learn of the information by the due date plus extensions,	106443
if any, for filing the return for the taxable year in which the	106444
trust recognizes the gain or loss.	106445

(CC) "Qualifying controlled group" has the same meaning as in	106446
section 5733.04 of the Revised Code.	106447

(DD) "Related member" has the same meaning as in section	106448
5733.042 of the Revised Code.	106449

(EE)(1) For the purposes of division (EE) of this section:

106450

(a) "Qualifying person" means any person other than a	106451
qualifying corporation.	106452

(b) "Qualifying corporation" means any person classified for	106453
federal income tax purposes as an association taxable as a	106454
corporation, except either of the following:	106455

(i) A corporation that has made an election under subchapter	106456
S, chapter one, subtitle A, of the Internal Revenue Code for its	106457
taxable year ending within, or on the last day of, the investor's	106458
taxable year;	106459

(ii) A subsidiary that is wholly owned by any corporation	106460
that has made an election under subchapter S, chapter one,	106461
subtitle A of the Internal Revenue Code for its taxable year	106462
ending within, or on the last day of, the investor's taxable year.	106463

(2) For the purposes of this chapter, unless expressly stated	106464
otherwise, no qualifying person indirectly owns any asset directly	106465
or indirectly owned by any qualifying corporation.	106466

(FF) For purposes of this chapter and Chapter 5751. of the	106467
Revised Code:	106468

(1) "Trust" does not include a qualified pre-income tax	106469
trust.	106470

(2) A "qualified pre-income tax trust" is any pre-income tax	106471
trust that makes a qualifying pre-income tax trust election as	106472
described in division (FF)(3) of this section.	106473

(3) A "qualifying pre-income tax trust election" is an	106474
election by a pre-income tax trust to subject to the tax imposed	106475
by section 5751.02 of the Revised Code the pre-income tax trust	106476
and all pass-through entities of which the trust owns or	106477
controls, directly, indirectly, or constructively through related	106478
interests, five per cent or more of the ownership or equity	106479
interests. The trustee shall notify the tax commissioner in	106480
writing of the election on or before April 15, 2006. The	106481
election, if timely made, shall be effective on and after January	106482
1, 2006, and shall apply for all tax periods and tax years until	106483
revoked by the trustee of the trust.	106484

(4) A "pre-income tax trust" is a trust that satisfies all of	106485
the following requirements:	106486

(a) The document or instrument creating the trust was	106487
executed by the grantor before January 1, 1972;	106488

(b) The trust became irrevocable upon the creation of the	106489
trust; and	106490

(c) The grantor was domiciled in this state at the time the	106491
trust was created.	106492

Sec. 5747.113. (A) Any taxpayer claiming a refund under	106493
section 5747.11 of the Revised Code ~~for taxable years ending on or~~	106494
~~after October 14, 1983,~~ who wishes to contribute any part of the	106495
taxpayer's refund to the natural areas and preserves fund created	106496
in section 1517.11 of the Revised Code, the nongame and endangered	106497
wildlife fund created in section 1531.26 of the Revised Code, the	106498
military injury relief fund created in section 5101.98 of the	106499
Revised Code, the Ohio historical society income tax contribution	106500
fund created in section 149.308 of the Revised Code, or all of	106501
those funds, may designate on the taxpayer's income tax return the	106502
amount that the taxpayer wishes to contribute to the fund or	106503
funds. A designated contribution is irrevocable upon the filing of	106504
the return and shall be made in the full amount designated if the	106505
refund found due the taxpayer upon the initial processing of the	106506
taxpayer's return, after any deductions including those required	106507
by section 5747.12 of the Revised Code, is greater than or equal	106508
to the designated contribution. If the refund due as initially	106509
determined is less than the designated contribution, the	106510
contribution shall be made in the full amount of the refund. The	106511
tax commissioner shall subtract the amount of the contribution	106512
from the amount of the refund initially found due the taxpayer and	106513
shall certify the difference to the director of budget and	106514
management and treasurer of state for payment to the taxpayer in	106515
accordance with section 5747.11 of the Revised Code. For the	106516
purpose of any subsequent determination of the taxpayer's net tax	106517
payment, the contribution shall be considered a part of the refund	106518
paid to the taxpayer.	106519

(B) The tax commissioner shall provide a space on the income	106520
tax return form in which a taxpayer may indicate that the taxpayer	106521
wishes to make a donation in accordance with this section. The tax	106522
commissioner shall also print in the instructions accompanying the	106523
income tax return form a description of the purposes for which the	106524
natural areas and preserves fund, the nongame and endangered	106525
wildlife fund, ~~and~~ the military injury relief fund, and the Ohio	106526
historical society income tax contribution fund were created and	106527
the use of moneys from the income tax refund contribution system	106528
established in this section. No person shall designate on the	106529
person's income tax return any part of a refund claimed under	106530
section 5747.11 of the Revised Code as a contribution to any fund	106531
other than the natural areas and preserves fund, the nongame and	106532
endangered wildlife fund, the military injury relief fund, or ~~all~~	106533
~~of those funds~~the Ohio historical society income tax contribution	106534
fund.	106535

(C) The money collected under the income tax refund	106536
contribution system established in this section shall be deposited	106537
by the tax commissioner into the natural areas and preserves fund,	106538
the nongame and endangered wildlife fund, ~~and~~ the military injury	106539
relief fund, and the Ohio historical society income tax	106540
contribution fund in the amounts designated on the tax returns.	106541

(D) No later than the thirtieth day of September each year,	106542
the tax commissioner shall determine the total amount contributed	106543
to each fund under this section during the preceding eight months,	106544
any adjustments to prior months, and the cost to the department of	106545
taxation of administering the income tax refund contribution	106546
system during that eight-month period. The commissioner shall make	106547
an additional determination no later than the thirty-first day of	106548
January of each year of the total amount contributed to each fund	106549
under this section during the preceding four calendar months, any	106550
adjustments to prior years made during that four-month period, and	106551
the cost to the department of taxation of administering the income	106552
tax contribution system during that period. The cost of	106553
administering the income tax contribution system shall be	106554
certified by the tax commissioner to the director of budget and	106555
management, who shall transfer an amount equal to ~~one-third~~	106556
one-fourth of such administrative costs from the natural areas and	106557
preserves fund, ~~one-third~~one-fourth of such costs from the	106558
nongame and endangered wildlife fund, ~~and one-third~~one-fourth of	106559
such costs from the military injury relief fund, and one-fourth of	106560
such costs from the Ohio historical society income tax	106561
contribution fund to the ~~litter control and natural resource~~	106562
income tax contribution administration fund, which is hereby	106563
created, provided that the moneys that the department receives to	106564
pay the cost of administering the income tax refund contribution	106565
system in any year shall not exceed two and one-half per cent of	106566
the total amount contributed under that system during that year.	106567

(E)(1) The director of natural resources, in January of every	106568
odd-numbered year, shall report to the general assembly on the	106569
effectiveness of the income tax refund contribution system as it	106570
pertains to the natural areas and preserves fund and the nongame	106571
and endangered wildlife fund. The report shall include the amount	106572
of money contributed to each fund in each of the previous five	106573
years, the amount of money contributed directly to each fund in	106574
addition to or independently of the income tax refund contribution	106575
system in each of the previous five years, and the purposes for	106576
which the money was expended.	106577

(2) The director of job and family services and the director	106578
of the Ohio historical society, in January of every odd-numbered	106579
year, each shall report to the general assembly on the	106580
effectiveness of the income tax refund contribution system as it	106581
pertains to the military injury relief fund and the Ohio	106582
historical society income tax contribution fund, respectively. The	106583
report shall include the amount of money contributed to the fund	106584
in each of the previous five years, the amount of money	106585
contributed directly to the fund in addition to or independently	106586
of the income tax refund contribution system in each of the	106587
previous five years, and the purposes for which the money was	106588
expended.	106589

Sec. 5747.13. (A) If any employer collects the tax imposed	106590
by section 5747.02 or under Chapter 5748. of the Revised Code and	106591
fails to remit the tax as required by law, or fails to collect the	106592
tax, the employer is personally liable for any amount collected	106593
that the employer fails to remit, or any amount that the employer	106594
fails to collect. If any taxpayer fails to file a return or fails	106595
to pay the tax imposed by section 5747.02 or under Chapter 5748.	106596
of the Revised Code, the taxpayer is personally liable for the	106597
amount of the tax.	106598

If any employer, taxpayer, or qualifying entity required to	106599
file a return under this chapter fails to file the return within	106600
the time prescribed, files an incorrect return, fails to remit the	106601
full amount of the taxes due for the period covered by the return,	106602
or fails to remit any additional tax due as a result of a	106603
reduction in the amount of the credit allowed under division (B)	106604
of section 5747.05 of the Revised Code together with interest on	106605
the additional tax within the time prescribed by that division,	106606
the tax commissioner may make an assessment against any person	106607
liable for any deficiency for the period for which the return is	106608
or taxes are due, based upon any information in the commissioner's	106609
possession.	106610

An assessment issued against either the employer or the	106611
taxpayer pursuant to this section shall not be considered an	106612
election of remedies or a bar to an assessment against the other	106613
for failure to report or pay the same tax. No assessment shall be	106614
issued against any person if the tax actually has been paid by	106615
another.	106616

No assessment shall be made or issued against an employer,	106617
taxpayer, or qualifying entity more than four years after the	106618
final date the return subject to assessment was required to be	106619
filed or the date the return was filed, whichever is later.	106620
However, the commissioner may assess any balance due as the result	106621
of a reduction in the credit allowed under division (B) of section	106622
5747.05 of the Revised Code, including applicable penalty and	106623
interest, within four years of the date on which the taxpayer	106624
reports a change in either the portion of the taxpayer's adjusted	106625
gross income subjected to an income tax or tax measured by income	106626
in another state or the District of Columbia, or the amount of	106627
liability for an income tax or tax measured by income to another	106628
state or the District of Columbia, as required by division (B)(3)	106629
of section 5747.05 of the Revised Code. Such time limits may be	106630
extended if both the employer, taxpayer, or qualifying entity and	106631
the commissioner consent in writing to the extension or if an	106632
agreement waiving or extending the time limits has been entered	106633
into pursuant to section 122.171 of the Revised Code. Any such	106634
extension shall extend the four-year time limit in division (B) of	106635
section 5747.11 of the Revised Code for the same period of time.	106636
There shall be no bar or limit to an assessment against an	106637
employer for taxes withheld from employees and not remitted to the	106638
state, against an employer, taxpayer, or qualifying entity that	106639
fails to file a return subject to assessment as required by this	106640
chapter, or against an employer, taxpayer, or qualifying entity	106641
that files a fraudulent return.	106642

The commissioner shall give the party assessed written notice	106643
of the assessment in the manner provided in section 5703.37 of the	106644
Revised Code. With the notice, the commissioner shall provide	106645
instructions on how to petition for reassessment and request a	106646
hearing on the petition.	106647

(B) Unless the party assessed files with the tax commissioner	106648
within sixty days after service of the notice of assessment,	106649
either personally or by certified mail, a written petition for	106650
reassessment, signed by the party assessed or that party's	106651
authorized agent having knowledge of the facts, the assessment	106652
becomes final, and the amount of the assessment is due and payable	106653
from the party assessed to the commissioner with remittance made	106654
payable to the treasurer of state. The petition shall indicate the	106655
objections of the party assessed, but additional objections may be	106656
raised in writing if received by the commissioner prior to the	106657
date shown on the final determination. If the petition has been	106658
properly filed, the commissioner shall proceed under section	106659
5703.60 of the Revised Code.	106660

(C) After an assessment becomes final, if any portion of the	106661
assessment remains unpaid, including accrued interest, a certified	106662
copy of the tax commissioner's entry making the assessment final	106663
may be filed in the office of the clerk of the court of common	106664
pleas in the county in which the employer's, taxpayer's, or	106665
qualifying entity's place of business is located or the county in	106666
which the party assessed resides. If the party assessed is not a	106667
resident of this state, the certified copy of the entry may be	106668
filed in the office of the clerk of the court of common pleas of	106669
Franklin county.	106670

Immediately upon the filing of the entry, the clerk shall	106671
enter a judgment against the party assessed in the amount shown on	106672
the entry. The judgment shall be filed by the clerk in one of two	106673
loose-leaf books, one entitled "special judgments for state and	106674
school district income taxes," and the other entitled "special	106675
judgments for qualifying entity taxes." The judgment shall have	106676
the same effect as other judgments. Execution shall issue upon the	106677
judgment upon the request of the tax commissioner, and all laws	106678
applicable to sales on execution shall apply to sales made under	106679
the judgment.	106680

The portion of the assessment not paid within sixty days	106681
after the assessment was issued shall bear interest at the rate	106682
per annum prescribed by section 5703.47 of the Revised Code from	106683
the day the tax commissioner issues the assessment until it is	106684
paid. Interest shall be paid in the same manner as the tax and may	106685
be collected by the issuance of an assessment under this section.	106686

(D) All money collected under this section shall be	106687
considered as revenue arising from the taxes imposed by this	106688
chapter or Chapter 5733. or 5748. of the Revised Code, as	106689
appropriate.	106690

(E) ~~The portion of an assessment that must be paid upon the~~	106691
~~filing of a petition for reassessment shall be as follows:~~	106692

~~(1) If the sole item objected to is the assessed penalty or~~	106693
~~interest, payment of the assessment, including interest but not~~	106694
~~penalty, is required;~~	106695

~~(2) If the taxpayer or qualifying entity that is assessed~~	106696
~~failed to file, prior to the date of issuance of the assessment,~~	106697
~~the annual return or report required by section 5747.08 or 5747.42~~	106698
~~of the Revised Code, any amended return or amended report required~~	106699
~~by section 5747.10 or 5747.45 of the Revised Code for the taxable~~	106700
~~year at issue, or any report required by division (B) of section~~	106701
~~5747.05 of the Revised Code to indicate a reduction in the amount~~	106702
~~of the credit provided under that division, payment of the~~	106703
~~assessment, including interest but not penalty, is required,~~	106704
~~except as otherwise provided under division (E)(6) or (7) of this~~	106705
~~section;~~	106706

~~(3) If the employer assessed had not filed, prior to the date~~	106707
~~of issuance of the assessment, the annual return required by~~	106708
~~division (E)(2) of section 5747.07 of the Revised Code covering~~	106709
~~the period at issue, payment of the assessment, including interest~~	106710
~~but not penalty, is required;~~	106711

~~(4) If the taxpayer or qualifying entity that is assessed~~	106712
~~filed, prior to the date of issuance of the assessment, the annual~~	106713
~~return or report required by section 5747.08 or 5747.42 of the~~	106714
~~Revised Code, all amended returns or reports required by section~~	106715
~~5747.10 or 5747.45 of the Revised Code for the taxable year at~~	106716
~~issue, and all reports required by division (B) of section 5747.05~~	106717
~~of the Revised Code to indicate a reduction in the amount of the~~	106718
~~credit provided under that division, and a balance of the taxes~~	106719
~~shown due on the returns or reports as computed on the returns or~~	106720
~~reports remains unpaid, payment of only that portion of the~~	106721
~~assessment representing the unpaid balance of tax and interest is~~	106722
~~required;~~	106723

~~(5) If the employer assessed filed, prior to the date of~~	106724
~~issuance of the assessment, the annual return required by division~~	106725
~~(E)(2) of section 5747.07 of the Revised Code covering the period~~	106726
~~at issue, and a balance of the taxes shown due on the return as~~	106727
~~computed on the return remains unpaid, payment of only that~~	106728
~~portion of the assessment representing the unpaid balance of tax~~	106729
~~and interest is required;~~	106730

~~(6) In the case of a party assessed as a qualifying entity~~	106731
~~subject to the tax levied under section 5733.41 or 5747.41 of the~~	106732
~~Revised Code, if the party does not dispute that it is a~~	106733
~~qualifying entity subject to that tax but claims the protections~~	106734
~~of section 101 of Public Law 86-272, 73 Stat. 555, 15 U.S.C.A.~~	106735
~~381, as amended, no payment is required;~~	106736

~~(7) In the case of a party assessed as a qualifying entity~~	106737
~~subject to the tax levied under section 5733.41 or 5747.41 of the~~	106738
~~Revised Code, if the party does dispute that it is a qualifying~~	106739
~~entity subject to that tax, no payment is required;~~	106740

~~(8) If none of the conditions specified in divisions (E)(1)~~	106741
~~to (7) of this section apply, no payment is required~~If the party	106742
assessed files a petition for reassessment under division (B) of	106743
this section, the person, on or before the last day the petition	106744
may be filed, shall pay the assessed amount, including assessed	106745
interest and assessed penalties, if any of the following	106746
conditions exists:	106747

(1) The person files a tax return reporting Ohio adjusted	106748
gross income, less the exemptions allowed by section 5747.025 of	106749
the Revised Code, in an amount less than one cent, and the	106750
reported amount is not based on the computations required under	106751
division (A) of section 5747.01 or section 5747.025 of the Revised	106752
Code.	106753

(2) The person files a tax return that the tax commissioner	106754
determines to be incomplete, false, fraudulent, or frivolous.	106755

(3) The person fails to file a tax return, and the basis for	106756
this failure is not either of the following:	106757

(a) An assertion that the person has no nexus with this	106758
state;	106759

(b) The computations required under division (A) of section	106760
5747.01 of the Revised Code or the application of credits allowed	106761
under this chapter has the result that the person's tax liability	106762
is less than one dollar and one cent.	106763

(F) Notwithstanding the fact that a petition for reassessment	106764
is pending, the petitioner may pay all or a portion of the	106765
assessment that is the subject of the petition. The acceptance of	106766
a payment by the treasurer of state does not prejudice any claim	106767
for refund upon final determination of the petition.	106768

If upon final determination of the petition an error in the	106769
assessment is corrected by the tax commissioner, upon petition so	106770
filed or pursuant to a decision of the board of tax appeals or any	106771
court to which the determination or decision has been appealed, so	106772
that the amount due from the party assessed under the corrected	106773
assessment is less than the portion paid, there shall be issued to	106774
the petitioner or to the petitioner's assigns or legal	106775
representative a refund in the amount of the overpayment as	106776
provided by section 5747.11 of the Revised Code, with interest on	106777
that amount as provided by such section, subject to section	106778
5747.12 of the Revised Code.	106779

Sec. 5747.16. Any nonresident who accepts the privileges	106780
extended by the laws of this state to nonresidents earning or	106781
receiving income in this state, and any resident who becomes a	106782
nonresident or conceals ~~his~~the person's whereabouts thereby makes	106783
the secretary of state ~~his~~the person's agent for the service of	106784
process or notice in any assessment, action, or proceedings	106785
instituted in this state against such person under this chapter,	106786
such process or notice shall be served ~~by the officer to whom the~~	106787
~~same is directed by the tax commissioner, or by the sheriff of~~	106788
~~Franklin county, who may be deputized for such purpose by the~~	106789
~~officer to whom the service is directed, upon the secretary of~~	106790
~~state by leaving at the secretary's office at least fifteen days~~	106791
~~before the return day of such process or notice, a true and~~	106792
~~attested copy thereof, and by sending to the defendant by~~	106793
~~certified mail, postage prepaid, a like and true attested copy,~~	106794
~~with an endorsement thereon of the service upon the secretary of~~	106795
~~state, addressed to such defendant at his last known address~~as	106796
provided under section 5703.37 of the Revised Code.	106797

Sec. 5747.66. (A) Any term used in this section has the same	106798
meaning as in section 122.85 of the Revised Code.	106799

(B) There is allowed a credit against the tax imposed by	106800
section 5747.02 of the Revised Code for any individual who, on the	106801
last day of the individual's taxable year, is the certificate	106802
owner of a tax credit certificate issued under section 122.85 of	106803
the Revised Code. The credit shall be claimed for the taxable year	106804
that includes the date the certificate was issued by the director	106805
of development. The credit amount equals the amount stated in the	106806
certificate. The credit shall be claimed in the order required	106807
under section 5747.98 of the Revised Code. If the credit amount	106808
exceeds the tax otherwise due under section 5747.02 of the Revised	106809
Code after deducting all other credits in that order, the excess	106810
shall be refunded.	106811

Nothing in this section limits or disallows pass-through	106812
treatment of the credit.	106813

Sec. 5747.98. (A) To provide a uniform procedure for	106814
calculating the amount of tax due under section 5747.02 of the	106815
Revised Code, a taxpayer shall claim any credits to which the	106816
taxpayer is entitled in the following order:	106817

(1) The retirement income credit under division (B) of	106818
section 5747.055 of the Revised Code;	106819

(2) The senior citizen credit under division (C) of section	106820
5747.05 of the Revised Code;	106821

(3) The lump sum distribution credit under division (D) of	106822
section 5747.05 of the Revised Code;	106823

(4) The dependent care credit under section 5747.054 of the	106824
Revised Code;	106825

(5) The lump sum retirement income credit under division (C)	106826
of section 5747.055 of the Revised Code;	106827

(6) The lump sum retirement income credit under division (D)	106828
of section 5747.055 of the Revised Code;	106829

(7) The lump sum retirement income credit under division (E)	106830
of section 5747.055 of the Revised Code;	106831

(8) The low-income credit under section 5747.056 of the	106832
Revised Code;	106833

(9) The credit for displaced workers who pay for job training	106834
under section 5747.27 of the Revised Code;	106835

(10) The campaign contribution credit under section 5747.29	106836
of the Revised Code;	106837

(11) The twenty-dollar personal exemption credit under	106838
section 5747.022 of the Revised Code;	106839

(12) The joint filing credit under division (G) of section	106840
5747.05 of the Revised Code;	106841

(13) The nonresident credit under division (A) of section	106842
5747.05 of the Revised Code;	106843

(14) The credit for a resident's out-of-state income under	106844
division (B) of section 5747.05 of the Revised Code;	106845

(15) The credit for employers that enter into agreements with	106846
child day-care centers under section 5747.34 of the Revised Code;	106847

(16) The credit for employers that reimburse employee child	106848
care expenses under section 5747.36 of the Revised Code;	106849

(17) The credit for adoption of a minor child under section	106850
5747.37 of the Revised Code;	106851

(18) The credit for purchases of lights and reflectors under	106852
section 5747.38 of the Revised Code;	106853

(19) The job retention credit under division (B) of section	106854
5747.058 of the Revised Code;	106855

(20) The credit for selling alternative fuel under section	106856
5747.77 of the Revised Code;	106857

(21) The second credit for purchases of new manufacturing	106858
machinery and equipment and the credit for using Ohio coal under	106859
section 5747.31 of the Revised Code;	106860

(22) The job training credit under section 5747.39 of the	106861
Revised Code;	106862

(23) The enterprise zone credit under section 5709.66 of the	106863
Revised Code;	106864

(24) The credit for the eligible costs associated with a	106865
voluntary action under section 5747.32 of the Revised Code;	106866

(25) The credit for employers that establish on-site child	106867
day-care centers under section 5747.35 of the Revised Code;	106868

(26) The ethanol plant investment credit under section	106869
5747.75 of the Revised Code;	106870

(27) The credit for purchases of qualifying grape production	106871
property under section 5747.28 of the Revised Code;	106872

(28) The export sales credit under section 5747.057 of the	106873
Revised Code;	106874

(29) The credit for research and development and technology	106875
transfer investors under section 5747.33 of the Revised Code;	106876

(30) The enterprise zone credits under section 5709.65 of the	106877
Revised Code;	106878

(31) The research and development credit under section	106879
5747.331 of the Revised Code;	106880

(32) The credit for rehabilitating a historic building under	106881
section 5747.76 of the Revised Code;	106882

(33) The refundable credit for rehabilitating a historic	106883
building under section 5747.76 of the Revised Code;	106884

(34) The refundable jobs creation credit under division (A)	106885
of section 5747.058 of the Revised Code;	106886

(35) The refundable credit for taxes paid by a qualifying	106887
entity granted under section 5747.059 of the Revised Code;	106888

(36) The refundable credits for taxes paid by a qualifying	106889
pass-through entity granted under division (J) of section 5747.08	106890
of the Revised Code;	106891

(37) The refundable credit for tax withheld under division	106892
(B)(1) of section 5747.062 of the Revised Code;	106893

(38) The refundable credit under section 5747.80 of the	106894
Revised Code for losses on loans made to the Ohio venture capital	106895
program under sections 150.01 to 150.10 of the Revised Code;	106896

(39) The refundable motion picture production credit under	106897
section 5747.66 of the Revised Code.	106898

(B) For any credit, except the refundable credits enumerated	106899
in ~~divisions (A)(33) to (38) of~~ this section and the credit	106900
granted under division (I) of section 5747.08 of the Revised	106901
Code, the amount of the credit for a taxable year shall not	106902
exceed the tax due after allowing for any other credit that	106903
precedes it in the order required under this section. Any excess	106904
amount of a particular credit may be carried forward if	106905
authorized under the section creating that credit. Nothing in	106906
this chapter shall be construed to allow a taxpayer to claim,	106907
directly or indirectly, a credit more than once for a taxable	106908
year.	106909

Sec. 5748.02. (A) The board of education of any school	106910
district, except a joint vocational school district, may declare,	106911
by resolution, the necessity of raising annually a specified	106912
amount of money for school district purposes. The resolution shall	106913
specify whether the income that is to be subject to the tax is	106914
taxable income of individuals and estates as defined in divisions	106915
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	106916
taxable income of individuals as defined in division (E)(1)(b) of	106917
that section. A copy of the resolution shall be certified to the	106918
tax commissioner no later than eighty-five days prior to the date	106919
of the election at which the board intends to propose a levy under	106920
this section. Upon receipt of the copy of the resolution, the tax	106921
commissioner shall estimate both of the following:	106922

(1) The property tax rate that would have to be imposed in	106923
the current year by the district to produce an equivalent amount	106924
of money;	106925

(2) The income tax rate that would have had to have been in	106926
effect for the current year to produce an equivalent amount of	106927
money from a school district income tax.	106928

Within ten days of receiving the copy of the board's	106929
resolution, the commissioner shall prepare these estimates and	106930
certify them to the board. Upon receipt of the certification, the	106931
board may adopt a resolution proposing an income tax under	106932
division (B) of this section at the estimated rate contained in	106933
the certification rounded to the nearest one-fourth of one per	106934
cent. The commissioner's certification applies only to the board's	106935
proposal to levy an income tax at the election for which the board	106936
requested the certification. If the board intends to submit a	106937
proposal to levy an income tax at any other election, it shall	106938
request another certification for that election in the manner	106939
prescribed in this division.	106940

(B)(1) Upon the receipt of a certification from the tax	106941
commissioner under division (A) of this section, a majority of the	106942
members of a board of education may adopt a resolution proposing	106943
the levy of an annual tax for school district purposes on school	106944
district income. The proposed levy may be for a continuing period	106945
of time or for a specified number of years. The resolution shall	106946
set forth the purpose for which the tax is to be imposed, the rate	106947
of the tax, which shall be the rate set forth in the	106948
commissioner's certification rounded to the nearest one-fourth of	106949
one per cent, the number of years the tax will be levied or that	106950
it will be levied for a continuing period of time, the date on	106951
which the tax shall take effect, which shall be the first day of	106952
January of any year following the year in which the question is	106953
submitted, and the date of the election at which the proposal	106954
shall be submitted to the electors of the district, which shall be	106955
on the date of a primary, general, or special election the date of	106956
which is consistent with section 3501.01 of the Revised Code. The	106957
resolution shall specify whether the income that is to be subject	106958
to the tax is taxable income of individuals and estates as defined	106959
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	106960
Code or taxable income of individuals as defined in division	106961
(E)(1)(b) of that section. The specification shall be the same as	106962
the specification in the resolution adopted and certified under	106963
division (A) of this section.	106964

If the tax is to be levied for current expenses and permanent	106965
improvements, the resolution shall apportion the annual rate of	106966
the tax. The apportionment may be the same or different for each	106967
year the tax is levied, but the respective portions of the rate	106968
actually levied each year for current expenses and for permanent	106969
improvements shall be limited by the apportionment.	106970

If the board of education currently imposes an income tax	106971
pursuant to this chapter that is due to expire and a question is	106972
submitted under this section for a proposed income tax to take	106973
effect upon the expiration of the existing tax, the board may	106974
specify in the resolution that the proposed tax renews the	106975
expiring tax ~~and is not an additional income tax, provided that~~.	106976
Two or more expiring income taxes may be renewed under this	106977
paragraph if the taxes are due to expire on the same date. If the	106978
tax rate being proposed is no higher than the total tax rate ~~that~~	106979
~~is currently~~ imposed by the expiring tax or taxes, the resolution	106980
may state that the proposed tax is not an additional income tax.	106981

(2) A board of education adopting a resolution under division	106982
(B)(1) of this section proposing a school district income tax for	106983
a continuing period of time and limited to the purpose of current	106984
expenses may propose in that resolution to reduce the rate or	106985
rates of one or more of the school district's property taxes	106986
levied for a continuing period of time in excess of the ten-mill	106987
limitation for the purpose of current expenses. The reduction in	106988
the rate of a property tax may be any amount, expressed in mills	106989
per one dollar in valuation, not exceeding the rate at which the	106990
tax is authorized to be levied. The reduction in the rate of a tax	106991
shall first take effect for the tax year that includes the day on	106992
which the school district income tax first takes effect, and shall	106993
continue for each tax year that both the school district income	106994
tax and the property tax levy are in effect.	106995

In addition to the matters required to be set forth in the	106996
resolution under division (B)(1) of this section, a resolution	106997
containing a proposal to reduce the rate of one or more property	106998
taxes shall state for each such tax the maximum rate at which it	106999
currently may be levied and the maximum rate at which the tax	107000
could be levied after the proposed reduction, expressed in mills	107001
per one dollar in valuation, and that the tax is levied for a	107002
continuing period of time.	107003

If a board of education proposes to reduce the rate of one or	107004
more property taxes under division (B)(2) of this section, the	107005
board, when it makes the certification required under division (A)	107006
of this section, shall designate the specific levy or levies to be	107007
reduced, the maximum rate at which each levy currently is	107008
authorized to be levied, and the rate by which each levy is	107009
proposed to be reduced. The tax commissioner, when making the	107010
certification to the board under division (A) of this section,	107011
also shall certify the reduction in the total effective tax rate	107012
for current expenses for each class of property that would have	107013
resulted if the proposed reduction in the rate or rates had been	107014
in effect the previous tax year. As used in this paragraph,	107015
"effective tax rate" has the same meaning as in section 323.08 of	107016
the Revised Code.	107017

(C) A resolution adopted under division (B) of this section	107018
shall go into immediate effect upon its passage, and no	107019
publication of the resolution shall be necessary other than that	107020
provided for in the notice of election. Immediately after its	107021
adoption and at least seventy-five days prior to the election at	107022
which the question will appear on the ballot, a copy of the	107023
resolution shall be certified to the board of elections of the	107024
proper county, which shall submit the proposal to the electors on	107025
the date specified in the resolution. The form of the ballot shall	107026
be as provided in section 5748.03 of the Revised Code. Publication	107027
of notice of the election shall be made in one or more newspapers	107028
of general circulation in the county once a week for two	107029
consecutive weeks prior to the election, and, if the board of	107030
elections operates and maintains a web site, the board of	107031
elections shall post notice of the election on its web site for	107032
thirty days prior to the election. The notice shall contain the	107033
time and place of the election and the question to be submitted to	107034
the electors. The question covered by the resolution shall be	107035
submitted as a separate proposition, but may be printed on the	107036
same ballot with any other proposition submitted at the same	107037
election, other than the election of officers.	107038

(D) No board of education shall submit the question of a tax	107039
on school district income to the electors of the district more	107040
than twice in any calendar year. If a board submits the question	107041
twice in any calendar year, one of the elections on the question	107042
shall be held on the date of the general election.	107043

(E)(1) No board of education may submit to the electors of	107044
the district the question of a tax on school district income on	107045
the taxable income of individuals as defined in division (E)(1)(b)	107046
of section 5748.01 of the Revised Code if that tax would be in	107047
addition to an existing tax on the taxable income of individuals	107048
and estates as defined in divisions (E)(1)(a) and (2) of that	107049
section.	107050

(2) No board of education may submit to the electors of the	107051
district the question of a tax on school district income on the	107052
taxable income of individuals and estates as defined in divisions	107053
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	107054
tax would be in addition to an existing tax on the taxable income	107055
of individuals as defined in division (E)(1)(b) of that section.	107056

Sec. 5748.03. (A) The form of the ballot on a question	107057
submitted to the electors under section 5748.02 of the Revised	107058
Code shall be as follows:	107059

"Shall an annual income tax of ....... (state the proposed	107060
rate of tax) on the school district income of individuals and of	107061
estates be imposed by ....... (state the name of the school	107062
district), for ....... (state the number of years the tax would be	107063
levied, or that it would be levied for a continuing period of	107064
time), beginning ....... (state the date the tax would first take	107065
effect), for the purpose of ...... (state the purpose of the tax)?	107066

107067

		FOR THE TAX			107068
		AGAINST THE TAX	"		107069

107070

(B)(1) If the question submitted to electors proposes a	107071
school district income tax only on the taxable income of	107072
individuals as defined in division (E)(1)(b) of section 5748.01 of	107073
the Revised Code, the form of the ballot shall be modified by	107074
stating that the tax is to be levied on the "earned income of	107075
individuals residing in the school district" in lieu of the	107076
"school district income of individuals and of estates."	107077

(2) If the question submitted to electors proposes to renew	107078
anone or more expiring income tax levies, the ballot shall be	107079
modified by adding the following language immediately after the	107080
name of the school district that would impose the tax: "to renew	107081
an income tax (or income taxes) expiring at the end of ........	107082
(state the last year the existing income tax or taxes may be	107083
levied)."	107084

(3) If the question includes a proposal under division (B)(2)	107085
of section 5748.02 of the Revised Code to reduce the rate of one	107086
or more school district property taxes, the ballot shall state	107087
that the purpose of the school district income tax is for current	107088
expenses, and the form of the ballot shall be modified by adding	107089
the following language immediately after the statement of the	107090
purpose of the proposed income tax: ", and shall the rate of an	107091
existing tax on property, currently levied for the purpose of	107092
current expenses at the rate of ....... mills, be REDUCED to	107093
....... mills until any such time as the income tax is repealed."	107094
In lieu of "for the tax" and "against the tax," the phrases "for	107095
the issue" and "against the issue," respectively, shall be used.	107096
If a board of education proposes a reduction in the rates of more	107097
than one tax, the ballot language shall be modified accordingly to	107098
express the rates at which those taxes currently are levied and	107099
the rates to which the taxes will be reduced.	107100

(C) The board of elections shall certify the results of the	107101
election to the board of education and to the tax commissioner. If	107102
a majority of the electors voting on the question vote in favor of	107103
it, the income tax, the applicable provisions of Chapter 5747. of	107104
the Revised Code, and the reduction in the rate or rates of	107105
existing property taxes if the question included such a reduction	107106
shall take effect on the date specified in the resolution. If the	107107
question approved by the voters includes a reduction in the rate	107108
of a school district property tax, the board of education shall	107109
not levy the tax at a rate greater than the rate to which the tax	107110
is reduced, unless the school district income tax is repealed in	107111
an election under section 5748.04 of the Revised Code.	107112

(D) If the rate at which a property tax is levied and	107113
collected is reduced pursuant to a question approved under this	107114
section, the tax commissioner shall compute the percentage	107115
required to be computed for that tax under division (D) of section	107116
319.301 of the Revised Code each year the rate is reduced as if	107117
the tax had been levied in the preceding year at the rate at which	107118
it has been reduced. If the rate of a property tax increases due	107119
to the repeal of the school district income tax pursuant to	107120
section 5748.04 of the Revised Code, the tax commissioner, for the	107121
first year for which the rate increases, shall compute the	107122
percentage as if the tax in the preceding year had been levied at	107123
the rate at which the tax was authorized to be levied prior to any	107124
rate reduction.	107125

Sec. 5749.02. (A) For the purpose of providing revenue to	107126
administer the state's coal mining and reclamation regulatory	107127
program, to meet the environmental and resource management needs	107128
of this state, and to reclaim land affected by mining, an excise	107129
tax is hereby levied on the privilege of engaging in the severance	107130
of natural resources from the soil or water of this state. The tax	107131
shall be imposed upon the severer and shall be:	107132

(1) Ten cents per ton of coal;

107133

(2) Four cents per ton of salt;

107134

(3) Two cents per ton of limestone or dolomite;

107135

(4) Two cents per ton of sand and gravel;

107136

(5) Ten cents per barrel of oil;

107137

(6) Two and one-half cents per thousand cubic feet of natural	107138
gas;	107139

(7) One cent per ton of clay, sandstone or conglomerate,	107140
shale, gypsum, or quartzite;	107141

(8) Except as otherwise provided in this division or in rules	107142
adopted by the reclamation forfeiture fund advisory board under	107143
section 1513.182 of the Revised Code, an additional fourteen cents	107144
per ton of coal produced from an area under a coal mining and	107145
reclamation permit issued under Chapter 1513. of the Revised Code	107146
for which the performance security is provided under division	107147
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	107148
2007, if at the end of a fiscal biennium the balance of the	107149
reclamation forfeiture fund created in section 1513.18 of the	107150
Revised Code is equal to or greater than ten million dollars, the	107151
rate levied shall be twelve cents per ton. Beginning July 1,	107152
2007, if at the end of a fiscal biennium the balance of the fund	107153
is at least five million dollars, but less than ten million	107154
dollars, the rate levied shall be fourteen cents per ton.	107155
Beginning July 1, 2007, if at the end of a fiscal biennium the	107156
balance of the fund is less than five million dollars, the rate	107157
levied shall be sixteen cents per ton. Beginning July 1, 2009,	107158
not later than thirty days after the close of a fiscal biennium,	107159
the chief of the division of mineral resources management shall	107160
certify to the tax commissioner the amount of the balance of the	107161
reclamation forfeiture fund as of the close of the fiscal	107162
biennium. Any necessary adjustment of the rate levied shall take	107163
effect on the first day of the following January and shall remain	107164
in effect during the calendar biennium that begins on that date.	107165

(9) An additional one and two-tenths cents per ton of coal	107166
mined by surface mining methods.	107167

(B) Of the moneys received by the treasurer of state from the	107168
tax levied in division (A)(1) of this section, four and	107169
seventy-six-hundredths per cent shall be credited to the	107170
geological mapping fund created in section 1505.09 of the Revised	107171
Code, eighty and ninety-five-hundredths per cent shall be credited	107172
to the coal mining administration and reclamation reserve fund	107173
created in section 1513.181 of the Revised Code, and fourteen and	107174
twenty-nine-hundredths per cent shall be credited to the	107175
unreclaimed lands fund created in section 1513.30 of the Revised	107176
Code.	107177

~~Fifteen per cent of the moneys~~The money received by the	107178
treasurer of state from the tax levied in division (A)(2) of this	107179
section shall be credited to the geological mapping fund ~~and the~~	107180
~~remainder shall be credited to the unreclaimed lands fund~~.	107181

Of the moneys received by the treasurer of state from the tax	107182
levied in divisions (A)(3) and (4) of this section, seven and	107183
five-tenths per cent shall be credited to the geological mapping	107184
fund, forty-two and five-tenths per cent shall be credited to the	107185
unreclaimed lands fund, and the remainder shall be credited to the	107186
surface mining fund created in section 1514.06 of the Revised	107187
Code.	107188

Of the moneys received by the treasurer of state from the tax	107189
levied in divisions (A)(5) and (6) of this section, ninety per	107190
cent shall be credited to the oil and gas well fund created in	107191
section 1509.02 of the Revised Code and ten per cent shall be	107192
credited to the geological mapping fund. All of the moneys	107193
received by the treasurer of state from the tax levied in division	107194
(A)(7) of this section shall be credited to the surface mining	107195
fund.	107196

All of the moneys received by the treasurer of state from the	107197
tax levied in division (A)(8) of this section shall be credited to	107198
the reclamation forfeiture fund.	107199

All of the moneys received by the treasurer of state from the	107200
tax levied in division (A)(9) of this section shall be credited to	107201
the unreclaimed lands fund.	107202

(C) When, at the close of any fiscal year, the chief finds	107203
that the balance of the reclamation forfeiture fund, plus	107204
estimated transfers to it from the coal mining administration and	107205
reclamation reserve fund under section 1513.181 of the Revised	107206
Code, plus the estimated revenues from the tax levied by division	107207
(A)(8) of this section for the remainder of the calendar year that	107208
includes the close of the fiscal year, are sufficient to complete	107209
the reclamation of lands for which the performance security has	107210
been provided under division (C)(2) of section 1513.08 of the	107211
Revised Code, the purposes for which the tax under division (A)(8)	107212
of this section is levied shall be deemed accomplished at the end	107213
of that calendar year. The chief, within thirty days after the	107214
close of the fiscal year, shall certify those findings to the tax	107215
commissioner, and the tax levied under division (A)(8) of this	107216
section shall cease to be imposed after the last day of that	107217
calendar year on coal produced under a coal mining and reclamation	107218
permit issued under Chapter 1513. of the Revised Code if the	107219
permittee has made tax payments under division (A)(8) of this	107220
section during each of the preceding five full calendar years. Not	107221
later than thirty days after the close of a fiscal year, the chief	107222
shall certify to the tax commissioner the identity of any	107223
permittees who accordingly no longer are required to pay the tax	107224
levied under division (A)(8) of this section.	107225

Sec. 5749.12. Any nonresident of this state who accepts the	107226
privilege extended by the laws of this state to nonresidents	107227
severing natural resources in this state, and any resident of this	107228
state who subsequently becomes a nonresident or conceals ~~his~~the	107229
resident's whereabouts, makes the secretary of state of Ohio ~~his~~	107230
the person's agent for the service of process or notice in any	107231
assessment, action or proceedings instituted in this state against	107232
such person under this chapter.	107233

Such process or notice shall be served~~, by the officer to~~	107234
~~whom the same is directed by the tax commissioner or by the~~	107235
~~sheriff of Franklin county, who may be deputized for such purpose~~	107236
~~by the officer to whom the service is directed, upon the secretary~~	107237
~~of state by leaving at the office of the secretary of state, at~~	107238
~~least fifteen days before the return day of such process or~~	107239
~~notice, a true and attested copy thereof, and by sending to the~~	107240
~~defendant by certified mail, a like and true attested copy, with~~	107241
~~an endorsement thereon of the service upon said secretary of~~	107242
~~state, addressed to such defendant at his last known address~~as	107243
provided under section 5703.37 of the Revised Code.	107244

Sec. 5751.01. As used in this chapter:

107245

(A) "Person" means, but is not limited to, individuals,	107246
combinations of individuals of any form, receivers, assignees,	107247
trustees in bankruptcy, firms, companies, joint-stock companies,	107248
business trusts, estates, partnerships, limited liability	107249
partnerships, limited liability companies, associations, joint	107250
ventures, clubs, societies, for-profit corporations, S	107251
corporations, qualified subchapter S subsidiaries, qualified	107252
subchapter S trusts, trusts, entities that are disregarded for	107253
federal income tax purposes, and any other entities. ~~"Person" does~~	107254
~~not include nonprofit organizations or the state, its agencies,~~	107255
~~its instrumentalities, and its political subdivisions.~~	107256

(B) "Consolidated elected taxpayer" means a group of two or	107257
more persons treated as a single taxpayer for purposes of this	107258
chapter as the result of an election made under section 5751.011	107259
of the Revised Code.	107260

(C) "Combined taxpayer" means a group of two or more persons	107261
treated as a single taxpayer for purposes of this chapter under	107262
section 5751.012 of the Revised Code.	107263

(D) "Taxpayer" means any person, or any group of persons in	107264
the case of a consolidated elected taxpayer or combined taxpayer	107265
treated as one taxpayer, required to register or pay tax under	107266
this chapter. "Taxpayer" does not include excluded persons.	107267

(E) "Excluded person" means any of the following:

107268

(1) Any person with not more than one hundred fifty thousand	107269
dollars of taxable gross receipts during the calendar year.	107270
Division (E)(1) of this section does not apply to a person that is	107271
a member of a ~~group that is a~~ consolidated elected taxpayer ~~or a~~	107272
~~combined taxpayer~~;	107273

(2) A public utility that paid the excise tax imposed by	107274
section 5727.24 or 5727.30 of the Revised Code based on one or	107275
more measurement periods that include the entire tax period under	107276
this chapter, except that a public utility that is a combined	107277
company is a taxpayer with regard to the following gross receipts:	107278

(a) Taxable gross receipts directly attributed to a public	107279
utility activity, but not directly attributed to an activity that	107280
is subject to the excise tax imposed by section 5727.24 or 5727.30	107281
of the Revised Code;	107282

(b) Taxable gross receipts that cannot be directly attributed	107283
to any activity, multiplied by a fraction whose numerator is the	107284
taxable gross receipts described in division (E)(2)(a) of this	107285
section and whose denominator is the total taxable gross receipts	107286
that can be directly attributed to any activity;	107287

(c) Except for any differences resulting from the use of an	107288
accrual basis method of accounting for purposes of determining	107289
gross receipts under this chapter and the use of the cash basis	107290
method of accounting for purposes of determining gross receipts	107291
under section 5727.24 of the Revised Code, the gross receipts	107292
directly attributed to the activity of a natural gas company shall	107293
be determined in a manner consistent with division (D) of section	107294
5727.03 of the Revised Code.	107295

As used in division (E)(2) of this section, "combined	107296
company" and "public utility" have the same meanings as in section	107297
5727.01 of the Revised Code.	107298

(3) A financial institution, as defined in section 5725.01 of	107299
the Revised Code, that paid the corporation franchise tax charged	107300
by division (D) of section 5733.06 of the Revised Code based on	107301
one or more taxable years that include the entire tax period under	107302
this chapter;	107303

(4) A dealer in intangibles, as defined in section 5725.01 of	107304
the Revised Code, that paid the dealer in intangibles tax levied	107305
by division (D) of section 5707.03 of the Revised Code based on	107306
one or more measurement periods that include the entire tax period	107307
under this chapter;	107308

(5) A financial holding company as defined in the "Bank	107309
Holding Company Act," 12 U.S.C. 1841(p);	107310

(6) A bank holding company as defined in the "Bank Holding	107311
Company Act," 12 U.S.C. 1841(a);	107312

(7) A savings and loan holding company as defined in the	107313
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	107314
only in activities or investments permissible for a financial	107315
holding company under 12 U.S.C. 1843(k);	107316

(8) A person directly or indirectly owned by one or more	107317
financial institutions, financial holding companies, bank holding	107318
companies, or savings and loan holding companies described in	107319
division (E)(3), (5), (6), or (7) of this section that is engaged	107320
in activities permissible for a financial holding company under 12	107321
U.S.C. 1843(k), except that any such person held pursuant to	107322
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	107323
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	107324
directly or indirectly owned by one or more insurance companies	107325
described in division (E)(9) of this section that is authorized to	107326
do the business of insurance in this state.	107327

For the purposes of division (E)(8) of this section, a person	107328
owns another person under the following circumstances:	107329

(a) In the case of corporations issuing capital stock, one	107330
corporation owns another corporation if it owns fifty per cent or	107331
more of the other corporation's capital stock with current voting	107332
rights;	107333

(b) In the case of a limited liability company, one person	107334
owns the company if that person's membership interest, as defined	107335
in section 1705.01 of the Revised Code, is fifty per cent or more	107336
of the combined membership interests of all persons owning such	107337
interests in the company;	107338

(c) In the case of a partnership, trust, or other	107339
unincorporated business organization other than a limited	107340
liability company, one person owns the organization if, under the	107341
articles of organization or other instrument governing the affairs	107342
of the organization, that person has a beneficial interest in the	107343
organization's profits, surpluses, losses, or distributions of	107344
fifty per cent or more of the combined beneficial interests of all	107345
persons having such an interest in the organization;	107346

(d) In the case of multiple ownership, the ownership	107347
interests of more than one person may be aggregated to meet the	107348
fifty per cent ownership tests in this division only when each	107349
such owner is described in division (E)(3), (5), (6), or (7) of	107350
this section and is engaged in activities permissible for a	107351
financial holding company under 12 U.S.C. 1843(k) or is a person	107352
directly or indirectly owned by one or more insurance companies	107353
described in division (E)(9) of this section that is authorized to	107354
do the business of insurance in this state.	107355

(9) A domestic insurance company or foreign insurance	107356
company, as defined in section 5725.01 of the Revised Code, that	107357
paid the insurance company premiums tax imposed by section 5725.18	107358
or Chapter 5729. of the Revised Code based on one or more	107359
measurement periods that include the entire tax period under this	107360
chapter;	107361

(10) A person that solely facilitates or services one or more	107362
securitizations or similar transactions for any person described	107363
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	107364
For purposes of this division, "securitization" means transferring	107365
one or more assets to one or more persons and then issuing	107366
securities backed by the right to receive payment from the asset	107367
or assets so transferred.	107368

(11) Except as otherwise provided in this division, a	107369
pre-income tax trust as defined in division (FF)(4) of section	107370
5747.01 of the Revised Code and any pass-through entity of which	107371
such pre-income tax trust owns or controls, directly, indirectly,	107372
or constructively through related interests, more than five per	107373
cent of the ownership or equity interests. If the pre-income tax	107374
trust has made a qualifying pre-income tax trust election under	107375
division (FF)(3) of section 5747.01 of the Revised Code, then the	107376
trust and the pass-through entities of which it owns or controls,	107377
directly, indirectly, or constructively through related interests,	107378
more than five per cent of the ownership or equity interests,	107379
shall not be excluded persons for purposes of the tax imposed	107380
under section 5751.02 of the Revised Code.	107381

(12) Nonprofit organizations or the state and its agencies,	107382
instrumentalities, or political subdivisions.	107383

(F) Except as otherwise provided in divisions (F)(2), (3),	107384
and (4) of this section, "gross receipts" means the total amount	107385
realized by a person, without deduction for the cost of goods sold	107386
or other expenses incurred, that contributes to the production of	107387
gross income of the person, including the fair market value of any	107388
property and any services received, and any debt transferred or	107389
forgiven as consideration.	107390

(1) The following are examples of gross receipts:

107391

(a) Amounts realized from the sale, exchange, or other	107392
disposition of the taxpayer's property to or with another;	107393

(b) Amounts realized from the taxpayer's performance of	107394
services for another;	107395

(c) Amounts realized from another's use or possession of the	107396
taxpayer's property or capital;	107397

(d) Any combination of the foregoing amounts.

107398

(2) "Gross receipts" excludes the following amounts:

107399

(a) Interest income except interest on credit sales;

107400

(b) Dividends and distributions from corporations, and	107401
distributive or proportionate shares of receipts and income from a	107402
pass-through entity as defined under section 5733.04 of the	107403
Revised Code;	107404

(c) Receipts from the sale, exchange, or other disposition of	107405
an asset described in section 1221 or 1231 of the Internal Revenue	107406
Code, without regard to the length of time the person held the	107407
asset. Notwithstanding section 1221 of the Internal Revenue Code,	107408
receipts from hedging transactions also are excluded to the extent	107409
the transactions are entered into primarily to protect a financial	107410
position, such as managing the risk of exposure to (i) foreign	107411
currency fluctuations that affect assets, liabilities, profits,	107412
losses, equity, or investments in foreign operations; (ii)	107413
interest rate fluctuations; or (iii) commodity price fluctuations.	107414
As used in division (F)(2)(c) of this section, "hedging	107415
transaction" has the same meaning as used in section 1221 of the	107416
Internal Revenue Code and also includes transactions accorded	107417
hedge accounting treatment under statement of financial accounting	107418
standards number 133 of the financial accounting standards board.	107419
For the purposes of division (F)(2)(c) of this section, the actual	107420
transfer of title of real or tangible personal property to another	107421
entity is not a hedging transaction.	107422

(d) Proceeds received attributable to the repayment,	107423
maturity, or redemption of the principal of a loan, bond, mutual	107424
fund, certificate of deposit, or marketable instrument;	107425

(e) The principal amount received under a repurchase	107426
agreement or on account of any transaction properly characterized	107427
as a loan to the person;	107428

(f) Contributions received by a trust, plan, or other	107429
arrangement, any of which is described in section 501(a) of the	107430
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	107431
1, Subchapter (D) of the Internal Revenue Code applies;	107432

(g) Compensation, whether current or deferred, and whether in	107433
cash or in kind, received or to be received by an employee, former	107434
employee, or the employee's legal successor for services rendered	107435
to or for an employer, including reimbursements received by or for	107436
an individual for medical or education expenses, health insurance	107437
premiums, or employee expenses, or on account of a dependent care	107438
spending account, legal services plan, any cafeteria plan	107439
described in section 125 of the Internal Revenue Code, or any	107440
similar employee reimbursement;	107441

(h) Proceeds received from the issuance of the taxpayer's own	107442
stock, options, warrants, puts, or calls, or from the sale of the	107443
taxpayer's treasury stock;	107444

(i) Proceeds received on the account of payments from ~~life~~	107445
insurance policies, except those proceeds received for the loss of	107446
business revenue;	107447

(j) Gifts or charitable contributions received,; membership	107448
dues received,by trade, professional, homeowners', or condominium	107449
associations; and payments received for educational courses,	107450
meetings, meals, or similar payments to a trade, professional, or	107451
other similar association; and fundraising receipts received by	107452
any person when any excess receipts are donated or used	107453
exclusively for charitable purposes~~; and proceeds received by a~~	107454
~~nonprofit organization including proceeds realized with regard to~~	107455
~~its unrelated business taxable income~~;	107456

(k) Damages received as the result of litigation in excess of	107457
amounts that, if received without litigation, would be gross	107458
receipts;	107459

(l) Property, money, and other amounts received or acquired	107460
by an agent on behalf of another in excess of the agent's	107461
commission, fee, or other remuneration;	107462

(m) Tax refunds, other tax benefit recoveries, and	107463
reimbursements for the tax imposed under this chapter made by	107464
entities that are part of the same combined taxpayer or	107465
consolidated elected taxpayer group, and reimbursements made by	107466
entities that are not members of a combined taxpayer or	107467
consolidated elected taxpayer group that are required to be made	107468
for economic parity among multiple owners of an entity whose tax	107469
obligation under this chapter is required to be reported and paid	107470
entirely by one owner, pursuant to the requirements of sections	107471
5751.011 and 5751.012 of the Revised Code;	107472

(n) Pension reversions;

107473

(o) Contributions to capital;

107474

(p) Sales or use taxes collected as a vendor or an	107475
out-of-state seller on behalf of the taxing jurisdiction from a	107476
consumer or other taxes the taxpayer is required by law to collect	107477
directly from a purchaser and remit to a local, state, or federal	107478
tax authority;	107479

(q) In the case of receipts from the sale of cigarettes or	107480
tobacco products by a wholesale dealer, retail dealer,	107481
distributor, manufacturer, or seller, all as defined in section	107482
5743.01 of the Revised Code, an amount equal to the federal and	107483
state excise taxes paid by any person on or for such cigarettes or	107484
tobacco products under subtitle E of the Internal Revenue Code or	107485
Chapter 5743. of the Revised Code;	107486

(r) In the case of receipts from the sale of motor fuel by a	107487
licensed motor fuel dealer, licensed retail dealer, or licensed	107488
permissive motor fuel dealer, all as defined in section 5735.01 of	107489
the Revised Code, an amount equal to federal and state excise	107490
taxes paid by any person on such motor fuel under section 4081 of	107491
the Internal Revenue Code or Chapter 5735. of the Revised Code;	107492

(s) In the case of receipts from the sale of beer or	107493
intoxicating liquor, as defined in section 4301.01 of the Revised	107494
Code, by a person holding a permit issued under Chapter 4301. or	107495
4303. of the Revised Code, an amount equal to federal and state	107496
excise taxes paid by any person on or for such beer or	107497
intoxicating liquor under subtitle E of the Internal Revenue Code	107498
or Chapter 4301. or 4305. of the Revised Code;	107499

(t) Receipts realized by a new motor vehicle dealer or used	107500
motor vehicle dealer, as defined in section 4517.01 of the Revised	107501
Code, from the sale or other transfer of a motor vehicle, as	107502
defined in that section, to another motor vehicle dealer for the	107503
purpose of resale by the transferee motor vehicle dealer, but only	107504
if the sale or other transfer was based upon the transferee's need	107505
to meet a specific customer's preference for a motor vehicle;	107506

(u) Receipts from a financial institution described in	107507
division (E)(3) of this section for services provided to the	107508
financial institution in connection with the issuance, processing,	107509
servicing, and management of loans or credit accounts, if such	107510
financial institution and the recipient of such receipts have at	107511
least fifty per cent of their ownership interests owned or	107512
controlled, directly or constructively through related interests,	107513
by common owners;	107514

(v) Receipts realized from administering anti-neoplastic	107515
drugs and other cancer chemotherapy, biologicals, therapeutic	107516
agents, and supportive drugs in a physician's office to patients	107517
with cancer;	107518

(w) Funds received or used by a mortgage broker that is not a	107519
dealer in intangibles, other than fees or other consideration,	107520
pursuant to a table-funding mortgage loan or warehouse-lending	107521
mortgage loan. Terms used in division (F)(2)(w) of this section	107522
have the same meanings as in section 1322.01 of the Revised Code,	107523
except "mortgage broker" means a person assisting a buyer in	107524
obtaining a mortgage loan for a fee or other consideration paid by	107525
the buyer or a lender, or a person engaged in table-funding or	107526
warehouse-lending mortgage loans that are first lien mortgage	107527
loans.	107528

(x) Property, money, and other amounts received by a	107529
professional employer organization, as defined in section 4125.01	107530
of the Revised Code, from a client employer, as defined in that	107531
section, in excess of the administrative fee charged by the	107532
professional employer organization to the client employer;	107533

(y) In the case of amounts retained as commissions by a	107534
permit holder under Chapter 3769. of the Revised Code, an amount	107535
equal to the amounts specified under that chapter that must be	107536
paid to or collected by the tax commissioner as a tax and the	107537
amounts specified under that chapter to be used as purse money;	107538

(z) Qualifying distribution center receipts.

107539

(i) For purposes of division (F)(2)(z) of this section:

107540

(I) "Qualifying distribution center receipts" means receipts	107541
of a supplier from qualified property that is delivered to a	107542
qualified distribution center, multiplied by a quantity that	107543
equals one minus the Ohio delivery percentage.	107544

(II) "Qualified property" means tangible personal property	107545
delivered to a qualified distribution center that is shipped to	107546
that qualified distribution center solely for further shipping by	107547
the qualified distribution center to another location in this	107548
state or elsewhere. "Further shipping" includes storing and	107549
repackaging such property into smaller or larger bundles, so long	107550
as such property is not subject to further manufacturing or	107551
processing.	107552

(III) "Qualified distribution center" means a warehouse or	107553
other similar facility in this state that, for the qualifying	107554
year, is operated by a person that is not part of a combined	107555
taxpayer group and that has a qualifying certificate. However, all	107556
warehouses or other similar facilities that are operated by	107557
persons in the same taxpayer group and that are located within one	107558
mile of each other shall be treated as one qualified distribution	107559
center.	107560

(IV) "Qualifying year" means the calendar year to which the	107561
qualifying certificate applies.	107562

(V) "Qualifying period" means the period of the first day of	107563
July of the second year preceding the qualifying year through the	107564
thirtieth day of June of the year preceding the qualifying year.	107565

(VI) "Qualifying certificate" means the certificate issued by	107566
the tax commissioner after the operator of a distribution center	107567
files an annual application ~~approved by the tax commissioner from~~	107568
~~an operator of a distribution center that has filed an application~~	107569
~~as prescribed by the commissioner and paid the annual fee for the~~	107570
~~qualifying certificate on or before the first day of September~~	107571
~~prior to the qualifying year or forty-five days after the opening~~	107572
~~of the distribution center, whichever is later~~with the	107573
commissioner. The application and annual fee shall be filed and	107574
paid for each qualified distribution center on or before the first	107575
day of September before the qualifying year or within forty-five	107576
days after the distribution center opens, whichever is later.	107577

The applicant must substantiate to the commissioner's	107578
satisfaction that, for the qualifying period, all persons	107579
operating the distribution center have more than fifty per cent of	107580
the cost of the qualified property shipped to a location such that	107581
it would be sitused outside this state under the provisions of	107582
division (E) of section 5751.033 of the Revised Code. The	107583
applicant must also substantiate that the distribution center	107584
cumulatively had costs from its suppliers equal to or exceeding	107585
five hundred million dollars during the qualifying period. (For	107586
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	107587
excludes any person that is part of the consolidated elected	107588
taxpayer group, if applicable, of the operator of the qualified	107589
distribution center.) The commissioner may require the applicant	107590
to have an independent certified public accountant certify that	107591
the calculation of the minimum thresholds required for a qualified	107592
distribution center by the operator of a distribution center has	107593
been made in accordance with generally accepted accounting	107594
principles. The commissioner shall issue or deny the issuance of a	107595
certificate within sixty days after the receipt of the	107596
application. A denial is subject to appeal under section 5717.02	107597
of the Revised Code. If the operator files a timely appeal under	107598
section 5717.02 of the Revised Code, the operator shall be granted	107599
a qualifying certificate, provided that the operator is liable for	107600
any tax, interest, or penalty upon amounts claimed as qualifying	107601
distribution center receipts, other than those receipts exempt	107602
under division (C)(1) of section 5751.011 of the Revised Code,	107603
that would have otherwise not been owed by its suppliers if the	107604
qualifying certificate was valid.	107605

(VII) "Ohio delivery percentage" means the proportion of the	107606
total property delivered to a destination inside Ohio from the	107607
qualified distribution center during the qualifying period	107608
compared with total deliveries from such distribution center	107609
everywhere during the qualifying period.	107610

(ii) If the distribution center is new and was not open for	107611
the entire qualifying period, the operator of the distribution	107612
center may request that the commissioner grant a qualifying	107613
certificate. If the certificate is granted and it is later	107614
determined that more than fifty per cent of the qualified property	107615
during that year was not shipped to a location such that it would	107616
be sitused outside of this state under the provisions of division	107617
(E) of section 5751.033 of the Revised Code or if it is later	107618
determined that the person that operates the distribution center	107619
had average monthly costs from its suppliers of less than forty	107620
million dollars during that year, then the operator of the	107621
distribution center shall be liable for any tax, interest, or	107622
penalty upon amounts claimed as qualifying distribution center	107623
receipts, other than those receipts exempt under division (C)(1)	107624
of section 5751.011 of the Revised Code, that would have not	107625
otherwise been owed by its suppliers during the qualifying year if	107626
the qualifying certificate was valid. (For purposes of division	107627
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	107628
is part of the consolidated elected taxpayer group, if applicable,	107629
of the operator of the qualified distribution center.)	107630

(iii) When filing an application for a qualifying certificate	107631
under division (F)(2)(z)(i)(VI) of this section, the operator of a	107632
qualified distribution center also shall provide documentation, as	107633
the commissioner requires, for the commissioner to ascertain the	107634
Ohio delivery percentage. The commissioner, upon issuing the	107635
qualifying certificate, also shall certify the Ohio delivery	107636
percentage. The operator of the qualified distribution center may	107637
appeal the commissioner's certification of the Ohio delivery	107638
percentage in the same manner as an appeal is taken from the	107639
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	107640
of this section.	107641

Within thirty days after all appeals have been exhausted, the	107642
operator of the qualified distribution center shall notify the	107643
affected suppliers of qualified property that such suppliers are	107644
required to file, within sixty days after receiving notice from	107645
the operator of the qualified distribution center, amended reports	107646
for the impacted calendar quarter or quarters or calendar year,	107647
whichever the case may be. Any additional tax liability or tax	107648
overpayment shall be subject to interest but shall not be subject	107649
to the imposition of any penalty so long as the amended returns	107650
are timely filed. The supplier of tangible personal property	107651
delivered to the qualified distribution center shall include in	107652
its report of taxable gross receipts the receipts from the total	107653
sales of property delivered to the qualified distribution center	107654
for the calendar quarter or calendar year, whichever the case may	107655
be, multiplied by the Ohio delivery percentage for the qualifying	107656
year. Nothing in division (F)(2)(z)(iii) of this section shall be	107657
construed as imposing liability on the operator of a qualified	107658
distribution center for the tax imposed by this chapter arising	107659
from any change to the Ohio delivery percentage.	107660

(iv) In the case where the distribution center is new and not	107661
open for the entire qualifying period, the operator shall make a	107662
good faith estimate of an Ohio delivery percentage for use by	107663
suppliers in their reports of taxable gross receipts for the	107664
remainder of the qualifying period. The operator of the facility	107665
shall disclose to the suppliers that such Ohio delivery percentage	107666
is an estimate and is subject to recalculation. By the due date of	107667
the next application for a qualifying certificate, the operator	107668
shall determine the actual Ohio delivery percentage for the	107669
estimated qualifying period and proceed as provided in division	107670
(F)(2)(z)(iii) of this section with respect to the calculation and	107671
recalculation of the Ohio delivery percentage. The supplier is	107672
required to file, within sixty days after receiving notice from	107673
the operator of the qualified distribution center, amended reports	107674
for the impacted calendar quarter or quarters or calendar year,	107675
whichever the case may be. Any additional tax liability or tax	107676
overpayment shall be subject to interest but shall not be subject	107677
to the imposition of any penalty so long as the amended returns	107678
are timely filed.	107679

(v) Qualifying certificates and Ohio delivery percentages	107680
issued by the commissioner shall be open to public inspection and	107681
shall be timely published by the commissioner. A supplier relying	107682
in good faith on a certificate issued under this division shall	107683
not be subject to tax on the qualifying distribution center	107684
receipts under division (F)(2)(z) of this section. A person	107685
receiving a qualifying certificate is responsible for paying the	107686
tax, interest, and penalty upon amounts claimed as qualifying	107687
distribution center receipts that would not otherwise have been	107688
owed by the supplier if the qualifying certificate were available	107689
when it is later determined that the qualifying certificate should	107690
not have been issued because the statutory requirements were in	107691
fact not met.	107692

(vi) The annual fee for a qualifying certificate shall be one	107693
hundred thousand dollars for each qualified distribution center.	107694
If a qualifying certificate is not issued, the annual fee is	107695
subject to refund after the exhaustion of all appeals provided for	107696
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	107697
under this division may be assessed in the same manner as the tax	107698
imposed under this chapter. The first one hundred thousand dollars	107699
of the annual application fees collected each calendar year shall	107700
be credited to the commercial activity tax administrative fund.	107701
The remainder of the annual application fees collected shall be	107702
distributed in the same manner required under section 5751.20 of	107703
the Revised Code.	107704

(vii) The tax commissioner may require that adequate security	107705
be posted by the operator of the distribution center on appeal	107706
when the commissioner disagrees that the applicant has met the	107707
minimum thresholds for a qualified distribution center as set	107708
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	107709
section.	107710

(aa) Receipts of an employer from payroll deductions relating	107711
to the reimbursement of the employer for advancing moneys to an	107712
unrelated third party on an employee's behalf;	107713

(bb) Cash discounts allowed and taken;

107714

(cc) Returns and allowances;

107715

(dd) Bad debts from receipts on the basis of which the tax	107716
imposed by this chapter was paid in a prior quarterly tax payment	107717
period. For the purpose of this division, "bad debts" means any	107718
debts that have become worthless or uncollectible between the	107719
preceding and current quarterly tax payment periods, have been	107720
uncollected for at least six months, and that may be claimed as a	107721
deduction under section 166 of the Internal Revenue Code and the	107722
regulations adopted under that section, or that could be claimed	107723
as such if the taxpayer kept its accounts on the accrual basis.	107724
"Bad debts" does not include repossessed property, uncollectible	107725
amounts on property that remains in the possession of the taxpayer	107726
until the full purchase price is paid, or expenses in attempting	107727
to collect any account receivable or for any portion of the debt	107728
recovered;	107729

(ee) Any amount realized from the sale of an account	107730
receivable to the extent the receipts from the underlying	107731
transaction giving rise to the account receivable were included in	107732
the gross receipts of the taxpayer;	107733

(ff) Any receipts for which the tax imposed by this chapter	107734
is prohibited by the Constitution or laws of the United States or	107735
the Constitution of Ohio.	107736

(3) In the case of a taxpayer when acting as a real estate	107737
broker, "gross receipts" includes only the portion of any fee for	107738
the service of a real estate broker, or service of a real estate	107739
salesperson associated with that broker, that is retained by the	107740
broker and not paid to an associated real estate salesperson or	107741
another real estate broker. For the purposes of this division,	107742
"real estate broker" and "real estate salesperson" have the same	107743
meanings as in section 4735.01 of the Revised Code.	107744

(4) A taxpayer's method of accounting for gross receipts for	107745
a tax period shall be the same as the taxpayer's method of	107746
accounting for federal income tax purposes for the taxpayer's	107747
federal taxable year that includes the tax period. If a taxpayer's	107748
method of accounting for federal income tax purposes changes, its	107749
method of accounting for gross receipts under this chapter shall	107750
be changed accordingly.	107751

~~In calculating gross receipts, the following shall be~~	107752
~~deducted to the extent included as a gross receipt in the current~~	107753
~~tax period or reported as taxable gross receipts in a prior tax~~	107754
~~period:~~	107755

~~(a) Cash discounts allowed and taken;~~

107756

~~(b) Returns and allowances;~~

107757

~~(c) Bad debts. For the purposes of this division, "bad debts"~~	107758
~~mean any debts that have become worthless or uncollectible between~~	107759
~~the preceding and current quarterly tax payment periods, have been~~	107760
~~uncollected for at least six months, and may be claimed as a~~	107761
~~deduction under section 166 of the Internal Revenue Code and the~~	107762
~~regulations adopted pursuant thereto, or that could be claimed as~~	107763
~~such if the taxpayer kept its accounts on the accrual basis. "Bad~~	107764
~~debts" does not include uncollectible amounts on property that~~	107765
~~remains in the possession of the taxpayer until the full purchase~~	107766
~~price is paid, expenses in attempting to collect any account~~	107767
~~receivable or for any portion of the debt recovered, and~~	107768
~~repossessed property;~~	107769

~~(d) Any amount realized from the sale of an account~~	107770
~~receivable but only to the extent the receipts from the underlying~~	107771
~~transaction giving rise to the account receivable were included in~~	107772
~~the gross receipts of the taxpayer.~~	107773

(G) "Taxable gross receipts" means gross receipts sitused to	107774
this state under section 5751.033 of the Revised Code.	107775

(H) A person has "substantial nexus with this state" if any	107776
of the following applies. The person:	107777

(1) Owns or uses a part or all of its capital in this state;

107778

(2) Holds a certificate of compliance with the laws of this	107779
state authorizing the person to do business in this state;	107780

(3) Has bright-line presence in this state;

107781

(4) Otherwise has nexus with this state to an extent that the	107782
person can be required to remit the tax imposed under this chapter	107783
under the Constitution of the United States.	107784

(I) A person has "bright-line presence" in this state for a	107785
reporting period and for the remaining portion of the calendar	107786
year if any of the following applies. The person:	107787

(1) Has at any time during the calendar year property in this	107788
state with an aggregate value of at least fifty thousand dollars.	107789
For the purpose of division (I)(1) of this section, owned property	107790
is valued at original cost and rented property is valued at eight	107791
times the net annual rental charge.	107792

(2) Has during the calendar year payroll in this state of at	107793
least fifty thousand dollars. Payroll in this state includes all	107794
of the following:	107795

(a) Any amount subject to withholding by the person under	107796
section 5747.06 of the Revised Code;	107797

(b) Any other amount the person pays as compensation to an	107798
individual under the supervision or control of the person for work	107799
done in this state; and	107800

(c) Any amount the person pays for services performed in this	107801
state on its behalf by another.	107802

(3) Has during the calendar year taxable gross receipts of	107803
at least five hundred thousand dollars.	107804

(4) Has at any time during the calendar year within this	107805
state at least twenty-five per cent of the person's total	107806
property, total payroll, or total gross receipts.	107807

(5) Is domiciled in this state as an individual or for	107808
corporate, commercial, or other business purposes.	107809

(J) "Tangible personal property" has the same meaning as in	107810
section 5739.01 of the Revised Code.	107811

(K) "Internal Revenue Code" means the Internal Revenue Code	107812
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	107813
this chapter that is not otherwise defined has the same meaning as	107814
when used in a comparable context in the laws of the United States	107815
relating to federal income taxes unless a different meaning is	107816
clearly required. Any reference in this chapter to the Internal	107817
Revenue Code includes other laws of the United States relating to	107818
federal income taxes.	107819

(L) "Calendar quarter" means a three-month period ending on	107820
the thirty-first day of March, the thirtieth day of June, the	107821
thirtieth day of September, or the thirty-first day of December.	107822

(M) "Tax period" means the calendar quarter or calendar year	107823
on the basis of which a taxpayer is required to pay the tax	107824
imposed under this chapter.	107825

(N) "Calendar year taxpayer" means a taxpayer for which the	107826
tax period is a calendar year.	107827

(O) "Calendar quarter taxpayer" means a taxpayer for which	107828
the tax period is a calendar quarter.	107829

(P) "Agent" means a person authorized by another person to	107830
act on its behalf to undertake a transaction for the other,	107831
including any of the following:	107832

(1) A person receiving a fee to sell financial instruments;

107833

(2) A person retaining only a commission from a transaction	107834
with the other proceeds from the transaction being remitted to	107835
another person;	107836

(3) A person issuing licenses and permits under section	107837
1533.13 of the Revised Code;	107838

(4) A lottery sales agent holding a valid license issued	107839
under section 3770.05 of the Revised Code;	107840

(5) A person acting as an agent of the division of liquor	107841
control under section 4301.17 of the Revised Code.	107842

(Q) "Received" includes amounts accrued under the accrual	107843
method of accounting.	107844

(R) "Reporting person" means a person in a consolidated	107845
elected taxpayer or combined taxpayer group that is designated by	107846
that group to legally bind the group for all filings and tax	107847
liabilities and to receive all legal notices with respect to	107848
matters under this chapter, or, for the purposes of section	107849
5751.04 of the Revised Code, a separate taxpayer that is not a	107850
member of such a group.	107851

Sec. 5751.011. (A) A group of two or more persons may elect	107852
to be a consolidated elected taxpayer for the purposes of this	107853
chapter if the group satisfies all of the following requirements:	107854

(1) The group elects to include all persons, including	107855
persons enumerated in divisions (E)(2) to (10) of section 5751.01	107856
of the Revised Code, having at least eighty per cent, or having at	107857
least fifty per cent, of the value of their ownership interests	107858
owned or controlled, directly or constructively through related	107859
interests, by common owners during all or any portion of the tax	107860
period, together with the common owners. At	107861

A group making its initial election on the basis of the	107862
eighty per cent ownership test may change its election so that its	107863
consolidated elected taxpayer group is formed on the basis of the	107864
fifty per cent ownership test if all of the following are	107865
satisfied:	107866

(a) When the initial election was made, the group did not	107867
have any persons satisfying the fifty per cent ownership test;	107868

(b) One or more of the persons in the initial group	107869
subsequently acquires ownership interests in a person such that	107870
the fifty per cent ownership test is satisfied, the eighty per	107871
cent ownership test is not satisfied, and the acquired person	107872
would be required to be included in a combined taxpayer group	107873
under section 5751.012 of the Revised Code;	107874

(c) The group requests the change in a written request to the	107875
tax commissioner on or before the due date for filing the first	107876
return due under section 5751.051 of the Revised Code after the	107877
date of the acquisition;	107878

(d) The group has not previously changed its election.

107879

At the election of the group, all entities that are not	107880
incorporated or formed under the laws of a state or of the United	107881
States and that meet the consolidated elected ownership test	107882
shall either be included in the group or all shall be excluded	107883
from the group. ~~The~~If, at the time of registration, the group	107884
does not include any such entities that meet the consolidated	107885
elected ownership test, the group shall elect to either include or	107886
exclude the newly acquired entities before the due date of the	107887
first return due after the date of the acquisition.	107888

Each group shall notify the tax commissioner of the foregoing	107889
elections before the due date of the return ~~in which the election~~	107890
~~is to become effective~~for the period in which the election	107891
becomes binding. If fifty per cent of the value of a person's	107892
ownership interests is owned or controlled by each of two	107893
consolidated elected taxpayer groups formed under the fifty per	107894
cent ownership or control test, that person is a member of each	107895
group for the purposes of this section, and each group shall	107896
include in the group's taxable gross receipts fifty per cent of	107897
that person's taxable gross receipts. Otherwise, all of that	107898
person's taxable gross receipts shall be included in the taxable	107899
gross receipts of the consolidated elected taxpayer group of which	107900
the person is a member. In no event shall the ownership or control	107901
of fifty per cent of the value of a person's ownership interests	107902
by two otherwise unrelated groups form the basis for consolidating	107903
the groups into a single consolidated elected taxpayer group or	107904
permit any exclusion under division (C) of this section of taxable	107905
gross receipts between members of the two groups. Division (A)(3)	107906
of this section applies with respect to the elections described in	107907
this division.	107908

(2) The group makes the election to be treated as a	107909
consolidated elected taxpayer in the manner prescribed under	107910
division (D) of this section.	107911

(3) Subject to review and audit by the tax commissioner, the	107912
group agrees that all of the following apply:	107913

(a) The group shall file reports as a single taxpayer for at	107914
least the next eight calendar quarters following the election so	107915
long as at least two or more of the members of the group meet the	107916
requirements of division (A)(1) of this section.	107917

(b) Before the expiration of the eighth such calendar	107918
quarter, the group shall notify the commissioner if it elects to	107919
cancel its designation as a consolidated elected taxpayer. If the	107920
group does not so notify the tax commissioner, the election	107921
remains in effect for another eight calendar quarters.	107922

(c) If, at any time during any of those eight calendar	107923
quarters following the election, a former member of the group no	107924
longer meets the requirements under division (A)(1) of this	107925
section, that member shall report and pay the tax imposed under	107926
this chapter separately, as a member of a combined taxpayer, or,	107927
if the former member satisfies such requirements with respect to	107928
another consolidated elected group, as a member of that	107929
consolidated elected group.	107930

(d) The group agrees to the application of division (B) of	107931
this section.	107932

(B) A group of persons making the election under this section	107933
shall report and pay tax on all of the group's taxable gross	107934
receipts even if substantial nexus with this state does not exist	107935
for one or more persons in the group.	107936

(C)(1)(a) Members of a consolidated elected taxpayer group	107937
shall exclude gross receipts among persons included in the	107938
consolidated elected taxpayer group.	107939

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	107940
section, nothing in this section shall have the effect of	107941
requiring a consolidated elected taxpayer group to include gross	107942
receipts received by a person enumerated in divisions (E)(2) to	107943
(10) of section 5751.01 of the Revised Code if that person is a	107944
member of the group pursuant to the elections made by the group	107945
under division (A)(1) of this section.	107946

(c)(i) As used in division (C)(1)(c) of this section, "dealer	107947
transfer" means a transfer of property that satisfies both of the	107948
following: (I) the property is directly transferred by any means	107949
from one member of the group to another member of the group that	107950
is a dealer in intangibles but is not a qualifying dealer as	107951
defined in section 5725.24 of the Revised Code; and (II) the	107952
property is subsequently delivered by the dealer in intangibles to	107953
a person that is not a member of the group.	107954

(ii) In the event of a dealer transfer, a consolidated	107955
elected taxpayer group shall not exclude, under division (C) of	107956
this section, gross receipts from the transfer described in	107957
division (C)(1)(c)(i)(I) of this section.	107958

(2) Gross receipts related to the sale or transmission of	107959
electricity through the use of an intermediary regional	107960
transmission organization approved by the federal energy	107961
regulatory commission shall be excluded from taxable gross	107962
receipts under division (C)(1) of this section if all other	107963
requirements of that division are met, even if the receipts are	107964
from and to the same member of the group.	107965

(D) To make the election to be a consolidated elected	107966
taxpayer, a group of persons shall notify the tax commissioner of	107967
the election in the manner prescribed by the commissioner and pay	107968
the commissioner a registration fee equal to the lesser of two	107969
hundred dollars or twenty dollars for each person in the group. No	107970
additional fee shall be imposed for the addition of new members to	107971
the group once the group has remitted a fee in the amount of two	107972
hundred dollars. The election shall be made and the fee paid	107973
before ~~the later of~~ the beginning of the first calendar quarter to	107974
which the election applies ~~or November 15, 2005~~. The fee shall be	107975
collected and used in the same manner as provided in section	107976
5751.04 of the Revised Code.	107977

The election shall be made on a form prescribed by the tax	107978
commissioner for that purpose and shall be signed by one or more	107979
individuals with authority, separately or together, to make a	107980
binding election on behalf of all persons in the group.	107981

Any person acquired or formed after the filing of the	107982
registration shall be included in the group if the person meets	107983
the requirements of division (A)(1) of this section, and the group	107984
shall notify the tax commissioner of any additions to the group	107985
with the next tax return it files with the commissioner.	107986

~~(E) Each member of a consolidated elected taxpayer is jointly~~	107987
~~and severally liable for the tax imposed by this chapter and any~~	107988
~~penalties or interest thereon. The tax commissioner may require~~	107989
~~one person in the group to be the taxpayer for purposes of~~	107990
~~registration and remittance of the tax, but all members of the~~	107991
~~group are subject to assessment under section 5751.09 of the~~	107992
~~Revised Code.~~	107993

Sec. 5751.012. (A) All persons, other than persons	107994
enumerated in divisions (E)(2) to (10) of section 5751.01 of the	107995
Revised Code, having more than fifty per cent of the value of	107996
their ownership interest owned or controlled, directly or	107997
constructively through related interests, by common owners during	107998
all or any portion of the tax period, together with the common	107999
owners, shall be members of a combined taxpayer if those persons	108000
are not members of a consolidated elected taxpayer pursuant to an	108001
election under section 5751.011 of the Revised Code.	108002

(B) A combined taxpayer shall register, file returns, and pay	108003
taxes under this chapter as a single taxpayer.	108004

(C) A combined taxpayer shall neither exclude taxable gross	108005
receipts between its members nor from others that are not members.	108006

(D) A combined taxpayer shall pay to the tax commissioner a	108007
registration fee equal to the lesser of two hundred dollars or	108008
twenty dollars for each person in the group. No additional fee	108009
shall be imposed for the addition of new members to the group once	108010
the group has remitted a fee in the amount of two hundred dollars.	108011
The fee shall be timely paid before the later of the beginning of	108012
the first calendar quarter or November 15, 2005. The fee shall be	108013
collected and used in the same manner as provided in section	108014
5751.04 of the Revised Code.	108015

Any person acquired or formed after the filing of the	108016
registration shall be included in the group if the person meets	108017
the requirements of division (A) of this section, and the group	108018
must notify the tax commissioner of any additions with the next	108019
quarterly tax return it files with the commissioner.	108020

~~(E) Each member of a combined taxpayer is jointly and~~	108021
~~severally liable for the tax imposed by this chapter and any~~	108022
~~penalties or interest thereon. The tax commissioner may require~~	108023
~~one person in the group to be the taxpayer for purposes of~~	108024
~~registration and remittance of the tax, but all members of the~~	108025
~~group are subject to assessment under section 5751.09 of the~~	108026
~~Revised Code.~~	108027

Sec. 5751.013. (A) Except as provided in division (B) of this	108028
section:	108029

(1) A person shall include as taxable gross receipts the	108030
value of property the person transfers into this state for the	108031
person's own use within one year after the person receives the	108032
property outside this state; and	108033

(2) In the case of ~~an elected~~a consolidated elected taxpayer	108034
group or a combined taxpayer group, the taxpayer shall include as	108035
taxable gross receipts the value of property that any of the	108036
taxpayer's members transferred into this state for the use of any	108037
of the taxpayer's members within one year after the taxpayer	108038
receives the property outside this state.	108039

(B) Property brought into this state within one year after it	108040
is received outside this state by a person or group described in	108041
division (A)(1) or (2) of this section shall not be included as	108042
taxable gross receipts as required under those divisions if the	108043
tax commissioner ascertains that the property's receipt outside	108044
this state by the person or group followed by its transfer into	108045
this state within one year was not intended in whole or in part to	108046
avoid in whole or in part the tax imposed under this chapter.	108047

(C) The tax commissioner may adopt rules necessary to	108048
administer this section.	108049

Sec. 5751.014. All members of a consolidated elected	108050
taxpayer or combined taxpayer group during the tax period or	108051
periods for which additional tax, penalty, or interest is owed are	108052
jointly and severally liable for the tax imposed by this chapter.	108053
Although the reporting person will be assessed for the liability,	108054
such amounts due may be pursued against any member when a	108055
liability is certified to the attorney general under section	108056
131.02 of the Revised Code.	108057

Sec. 5751.03. (A) Except as provided in divisions (B) and	108058
(D) of this section and in sections 5751.031 and 5751.032 of the	108059
Revised Code, the tax levied under this section for each tax	108060
period shall be the product of two and six-tenths mills per dollar	108061
times the remainder of the taxpayer's taxable gross receipts for	108062
the tax period after subtracting the exclusion amount provided for	108063
in division (C) of this section.	108064

(B) Notwithstanding division (C) of this section, the tax on	108065
the first one million dollars in taxable gross receipts each	108066
calendar year shall be one hundred fifty dollars. For calendar	108067
year 2006, the tax imposed under this division shall be paid not	108068
later than May 10, 2006, by both calendar year taxpayers and	108069
calendar quarter taxpayers. For calendar ~~year~~years 2007 ~~and~~	108070
~~thereafter~~, 2008, and 2009, the tax imposed under this division	108071
shall be paid with the fourth-quarter tax return or annual tax	108072
return for the prior calendar year by both calendar year	108073
taxpayers and calendar quarter taxpayers. For calendar years 2010	108074
and thereafter, the tax imposed under this division shall be paid	108075
not later than the tenth day of May of each year along with the	108076
first quarter or annual tax return, as applicable.	108077

(C)(1) Each calendar quarter taxpayer may exclude the first	108078
two hundred fifty thousand dollars of taxable gross receipts for a	108079
calendar quarter and may carry forward and apply any unused	108080
exclusion amount to the three subsequent calendar quarters. Each	108081
calendar year taxpayer may exclude the first one million dollars	108082
of taxable gross receipts for a calendar year.	108083

(2) A taxpayer switching from a calendar year tax period to a	108084
calendar quarter tax period may, for the first quarter of the	108085
change, apply the prior calendar quarter exclusion amounts to the	108086
first calendar quarter return the taxpayer files that calendar	108087
year. The tax rate shall be based on the rate imposed that	108088
calendar quarter when the taxpayer switches from a calendar year	108089
to a calendar quarter tax period.	108090

(D) There is hereby allowed a credit against the tax imposed	108091
under this chapter for each of the following calendar years if a	108092
transfer was made in the preceding calendar year from the general	108093
revenue fund to the commercial activity tax refund fund under	108094
division (D) of section 5751.032 of the Revised Code: calendar	108095
years 2008, 2010, and 2012. The credit is allowed for taxpayers	108096
that paid in full the tax imposed under this chapter for the	108097
calendar year in which the transfer was made. The amount of a	108098
taxpayer's credit equals the amount computed under division (D) of	108099
section 5751.032 of the Revised Code.	108100

Sec. 5751.04. (A) As used in this section, "person" includes	108101
a reporting person.	108102

(B) Not later than ~~the later of November 15, 2005, or~~ thirty	108103
days after a person first has more than one hundred fifty	108104
thousand dollars in taxable gross receipts in a calendar year,	108105
each person subject to this chapter shall register with the tax	108106
commissioner on the form prescribed by the commissioner. The form	108107
shall include the following:	108108

(1) The person's name;

108109

(2) If applicable, the name of the state or country under the	108110
laws of which the person is incorporated;	108111

(3) If applicable, the location of a person's principal	108112
office and the name and address of the officer or agent of the	108113
corporation in charge of the business;	108114

(4) If applicable, the names of the person's president,	108115
secretary, treasurer, and statutory agent designated pursuant to	108116
section 1703.041 of the Revised Code, with the post office address	108117
of each;	108118

(5) The kind of business in which the person is engaged,	108119
including applicable business or industry codes;	108120

(6) If required by the tax commissioner, the date of the	108121
beginning of the person's annual accounting period that includes	108122
the first day of January of the taxable calendar year;	108123

(7) If the person is not a corporation or a sole proprietor,	108124
the names of the person's owners and officers, if required by the	108125
tax commissioner;	108126

(8) The person's federal employer identification number or	108127
numbers or, if those are not applicable, the person's social	108128
security number or equivalent;	108129

(9) All other information that the commissioner requires to	108130
administer and enforce this chapter.	108131

~~(B)~~(C) Except as otherwise provided in this division, each	108132
person registering with the tax commissioner as required by	108133
division ~~(A)~~(B) of this section shall pay a registration fee. The	108134
fee shall be in the amount of fifteen dollars if a person	108135
registers electronically and twenty dollars if a person does not	108136
register electronically. The registration fee shall be paid in the	108137
manner prescribed by the tax commissioner at the same time the	108138
registration is due if a person is subject to the tax imposed	108139
under this chapter before January 1, 2006. If a person first	108140
becomes subject to the tax after that date, the registration fee	108141
is payable with the first tax period return the person is required	108142
to file as prescribed by section 5751.051 of the Revised Code. If	108143
a ~~registration fee is not paid when due~~person does not register	108144
within the time prescribed by this section, an additional fee is	108145
imposed in the amount of one hundred dollars per month or part	108146
thereof that the fee is outstanding, not to exceed one thousand	108147
dollars. The tax commissioner may abate the additional fee. The	108148
fee imposed under this division may be assessed in the same manner	108149
as the tax imposed under this chapter. Proceeds from the fee shall	108150
be credited to the commercial activity tax administrative fund,	108151
which is hereby created in the state treasury for the commissioner	108152
to use in implementing and administering the tax imposed under	108153
this chapter.	108154

~~No registration fee is payable by a person for a calendar~~	108155
~~year if the person first begins business operations in this state~~	108156
~~after the thirtieth day of November of that calendar year or if~~	108157
~~the person's taxable gross receipts for the calendar year exceed~~	108158
~~one hundred fifty thousand dollars but do not exceed one hundred~~	108159
~~fifty thousand dollars as of the first day of December of the~~	108160
~~calendar year.~~	108161

Registration fees paid under this section, excluding any	108162
additional fee imposed for ~~late payment of the registration fee~~a	108163
person's failure to timely register, shall be credited against the	108164
first payment of tax payable under section 5751.03 of the Revised	108165
Code ~~after the registration fee is paid~~.	108166

~~(C)~~(D) If a person that has registered under this section is	108167
no longer a taxpayer subject to this chapter, including no longer	108168
being a taxpayer because of the application of division (E)(1) of	108169
section 5751.01 of the Revised Code, the person shall notify the	108170
commissioner that the person's registration should be cancelled.	108171

(E) With respect to registrations received by the	108172
commissioner before the effective date of the amendment of this	108173
section by the main operating appropriations act of the 128th	108174
general assembly, the taxpayer listed as the primary taxpayer on	108175
the registration shall be the reporting person until the taxpayer	108176
notifies the commissioner otherwise.	108177

Sec. 5751.05. (A) If a person subject to this chapter	108178
anticipates that the person's taxable gross receipts will be more	108179
than one million dollars ~~or less~~ in a calendar year ~~2006~~, the	108180
person ~~may elect to be a calendar year taxpayer. If a person is~~	108181
~~not required to be registered under this section for calendar year~~	108182
~~2006 and anticipates that the person's taxable gross receipts will~~	108183
~~be one million dollars or less in the first calendar year the~~	108184
~~person is required to register under this section, the person may~~	108185
~~elect to be a calendar year taxpayer~~shall notify the tax	108186
commissioner on the person's initial registration form and file on	108187
a quarterly basis as a calendar quarter taxpayer. Any taxpayer	108188
with taxable gross receipts of less than one million dollars	108189
shall register as a calendar year taxpayer and shall file	108190
annually.	108191

(B) Any person that is a calendar year taxpayer ~~pursuant to~~	108192
~~an election~~ under division (A) of this section shall become a	108193
calendar quarter taxpayer in the subsequent calendar year if the	108194
person's taxable gross receipts for the prior calendar year are	108195
more than one million dollars, and shall remain a calendar quarter	108196
taxpayer until the person notifies the tax commissioner, and	108197
receives approval in writing from the tax commissioner, to switch	108198
back to being a calendar year taxpayer. Nothing in this division	108199
prohibits a person that has elected to be a calendar year taxpayer	108200
from notifying the tax commissioner, using the procedures	108201
prescribed by the commissioner, that it is switching back to being	108202
a calendar quarter taxpayer.	108203

(C) Any taxpayer that is not a calendar ~~year~~quarter taxpayer	108204
pursuant to this section is a calendar ~~quarter~~year taxpayer. The	108205
~~tax~~ commissioner may grant written approval for a calendar quarter	108206
taxpayer to use an alternative reporting schedule or estimate the	108207
amount of tax due for a calendar quarter if the taxpayer	108208
demonstrates to the commissioner the need for such a deviation.	108209
The commissioner may adopt a rule to apply division (C) of this	108210
section to a group of taxpayers without the taxpayers having to	108211
receive written approval from the commissioner.	108212

Sec. 5751.051. (A)(1) Not later than ~~forty days~~the tenth	108213
day of the second month after the end of each calendar quarter,	108214
every taxpayer other than a calendar year taxpayer shall file with	108215
the tax commissioner a tax return in such form as the commissioner	108216
prescribes. The return shall include, but is not limited to, the	108217
amount of the taxpayer's taxable gross receipts for the calendar	108218
quarter and shall indicate the amount of tax due under section	108219
5751.03 of the Revised Code for the calendar quarter.	108220

(2)(a) Subject to division (C) of section 5751.05 of the	108221
Revised Code, a calendar quarter taxpayer shall report the taxable	108222
gross receipts for that calendar quarter.	108223

(b) With respect to taxable gross receipts incorrectly	108224
reported in a calendar quarter that has a lower tax rate, the tax	108225
shall be computed at the tax rate in effect for the quarterly	108226
return in which such receipts should have been reported. Nothing	108227
in division (A)(2)(b) of this section prohibits a taxpayer from	108228
filing an application for refund under section 5751.08 of the	108229
Revised Code with regard to the incorrect reporting of taxable	108230
gross receipts discovered after filing the annual return described	108231
in division (A)(3) of this section.	108232

A tax return shall not be deemed to be an incorrect reporting	108233
of taxable gross receipts for the purposes of division (A)(2)(b)	108234
of this section if the return reflects between ninety-five and one	108235
hundred five per cent of the actual taxable gross receipts for the	108236
calendar quarter.	108237

(3) ~~The~~For the purposes of division (A)(2)(b) of this	108238
section, the tax return filed for the fourth calendar quarter of a	108239
calendar year is the annual return for the privilege tax imposed	108240
by this chapter. Such return shall report any additional taxable	108241
gross receipts not previously reported in the calendar year and	108242
shall adjust for any over-reported taxable gross receipts in the	108243
calendar year. If the taxpayer ceases to be a taxpayer before the	108244
end of the calendar year, the last return the taxpayer is required	108245
to file shall be the annual return for the taxpayer and the	108246
taxpayer shall report any additional taxable gross receipts not	108247
previously reported in the calendar year and shall adjust for any	108248
over-reported taxable gross receipts in the calendar year.	108249

(4) Because the tax imposed by this chapter is a privilege	108250
tax, the tax rate with respect to taxable gross receipts for a	108251
calendar quarter is not fixed until the end of the measurement	108252
period for each calendar quarter. Subject to division (A)(2)(b) of	108253
this section, the total amount of taxable gross receipts reported	108254
for a given calendar quarter shall be subject to the tax rate in	108255
effect in that quarter.	108256

(5) Not later than ~~forty days after~~the tenth day of May	108257
following the end of each calendar year, every calendar year	108258
taxpayer shall file with the tax commissioner a tax return in such	108259
form as the commissioner prescribes. The return shall include, but	108260
is not limited to, the amount of the taxpayer's taxable gross	108261
receipts for the calendar year and shall indicate the amount of	108262
tax due under section 5751.03 of the Revised Code for the calendar	108263
year.	108264

(B)(1) A person that first becomes subject to the tax imposed	108265
under this chapter shall pay the minimum tax imposed under	108266
division (B) of section 5751.03 of the Revised Code along with the	108267
registration fee imposed under this section, if applicable, on or	108268
before the day the return is required to be filed for that quarter	108269
under division (A)(1) of this section, regardless of whether the	108270
person elects to be a calendar year taxpayer under section 5751.05	108271
of the Revised Code.	108272

(2) The amount of the minimum tax for a person subject to	108273
division (B)(1) of this section shall be reduced to seventy-five	108274
dollars if the registration is timely filed after the first day of	108275
May and before the first day of January of the following calendar	108276
year.	108277

Sec. 5751.06. (A) Any taxpayer that fails to file a return	108278
or pay the full amount of the tax due within the period prescribed	108279
therefor under this chapter shall pay a penalty in an amount not	108280
exceeding the greater of fifty dollars or ten per cent of the tax	108281
required to be paid for the tax period.	108282

(B)(1) If any additional tax is found to be due, the tax	108283
commissioner may impose an additional penalty of up to fifteen per	108284
cent on the additional tax found to be due.	108285

(2) Any delinquent payments of the tax made after a taxpayer	108286
is notified of an audit or a tax discrepancy by the commissioner	108287
is subject to the penalty imposed by division (B) of this section.	108288
If an assessment is issued under section ~~5751.10~~5751.09 of the	108289
Revised Code in connection with such delinquent payments, the	108290
payments shall be credited to the assessment.	108291

(C) After calendar year 2008, the tax commissioner may impose	108292
an additional penalty against a taxpayer that fails to switch to	108293
being a calendar quarter taxpayer at the time it had over two	108294
million in taxable gross receipts in the calendar year, as	108295
required under section 5751.04 of the Revised Code. The penalty	108296
may be imposed in an amount not to exceed ten per cent of the tax	108297
due above two million dollars in taxable gross receipts for the	108298
calendar year. Any penalty imposed under this division is in	108299
addition to any other penalties imposed under this section.	108300

(D) If the tax commissioner notifies a person required to	108301
register under section 5751.05 of the Revised Code of such	108302
requirement and of the requirement to remit the tax due under this	108303
chapter, and the person fails to so register and remit the tax	108304
within sixty days after such notice, the tax commissioner may	108305
impose an additional penalty of up to thirty-five per cent of the	108306
tax due. The penalty imposed under this division is in addition to	108307
any other penalties imposed under this section.	108308

(E) The tax commissioner may collect any penalty or interest	108309
imposed by this section in the same manner as the tax imposed	108310
under this chapter. Penalties and interest so collected shall be	108311
considered as revenue arising from the tax imposed under this	108312
chapter.	108313

(F) The tax commissioner may abate all or a portion of any	108314
penalties imposed under this section and may adopt rules governing	108315
such abatements.	108316

(G) If any tax due is not timely paid in accordance with this	108317
chapter, the taxpayer shall pay interest, calculated at the rate	108318
per annum prescribed by section 5703.47 of the Revised Code, from	108319
the date the tax payment was due to the date of payment or to the	108320
date an assessment was issued, whichever occurs first.	108321

(H) The tax commissioner may impose a penalty of up to ten	108322
per cent for any additional tax that is due under division	108323
(A)(2)(b) of section 5751.051 of the Revised Code from a taxpayer	108324
incorrectly reporting its taxable gross receipts.	108325

Sec. 5751.08. (A) An application for refund to the taxpayer	108326
of the amount of taxes imposed under this chapter that are	108327
overpaid, paid illegally or erroneously, or paid on any illegal or	108328
erroneous assessment shall be filed by the reporting person with	108329
the tax commissioner, on the form prescribed by the commissioner,	108330
within four years after the date of the illegal or erroneous	108331
payment of the tax. The applicant shall provide the amount of the	108332
requested refund along with the claimed reasons for, and	108333
documentation to support, the issuance of a refund.	108334

(B) On the filing of the refund application, the tax	108335
commissioner shall determine the amount of refund to which the	108336
applicant is entitled. If the amount is not less than that	108337
claimed, the commissioner shall certify the amount to the director	108338
of budget and management and treasurer of state for payment from	108339
the tax refund fund created under section 5703.052 of the Revised	108340
Code. If the amount is less than that claimed, the commissioner	108341
shall proceed in accordance with section 5703.70 of the Revised	108342
Code.	108343

(C) Interest on a refund applied for under this section,	108344
computed at the rate provided for in section 5703.47 of the	108345
Revised Code, shall be allowed from the later of the date the tax	108346
was paid or when the tax payment was due.	108347

(D) A calendar quarter taxpayer with more than one million	108348
dollars in taxable gross receipts in a calendar year other than	108349
calendar year 2005 and that is not able to exclude one million	108350
dollars in taxable gross receipts because of the operation of the	108351
taxpayer's business in that calendar year may file for a refund	108352
under this section to obtain the full exclusion of one million	108353
dollars in taxable gross receipts for that calendar year.	108354

(E) No person with an active registration as a taxpayer under	108355
this chapter may claim a refund under this section for the tax	108356
imposed under division (B) of section 5751.03 of the Revised Code	108357
unless the person cancelled the registration before the tenth day	108358
of ~~February~~May of the current calendar year pursuant to division	108359
~~(C)~~(D) of section 5751.04 of the Revised Code.	108360

(F) Except as provided in section 5751.091 of the Revised	108361
Code, the tax commissioner may, with the consent of the taxpayer,	108362
provide for the crediting against tax due for a tax year the	108363
amount of any refund due the taxpayer under this chapter for a	108364
preceding tax year.	108365

Sec. 5751.09. (A) The tax commissioner may make an	108366
assessment, based on any information in the commissioner's	108367
possession, against any person that fails to file a return or pay	108368
any tax as required by this chapter. The commissioner shall give	108369
the person assessed written notice of the assessment as provided	108370
in section 5703.37 of the Revised Code. With the notice, the	108371
commissioner shall provide instructions on the manner in which to	108372
petition for reassessment and request a hearing with respect to	108373
the petition. The commissioner shall send any assessments against	108374
consolidated elected taxpayer and combined taxpayer groups under	108375
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	108376
"reporting person" as defined under division (R) of section	108377
5751.01 of the Revised Code. The reporting person shall notify all	108378
members of the group of the assessment and all outstanding taxes,	108379
interest, and penalties for which the assessment is issued.	108380

(B) Unless the person assessed, within sixty days after	108381
service of the notice of assessment, files with the tax	108382
commissioner, either personally or by certified mail, a written	108383
petition signed by the person or the person's authorized agent	108384
having knowledge of the facts, the assessment becomes final, and	108385
the amount of the assessment is due and payable from the person	108386
assessed to the treasurer of state. The petition shall indicate	108387
the objections of the person assessed, but additional objections	108388
may be raised in writing if received by the commissioner prior to	108389
the date shown on the final determination.	108390

If a petition for reassessment has been properly filed, the	108391
commissioner shall proceed under section 5703.60 of the Revised	108392
Code.	108393

(C)(1) After an assessment becomes final, if any portion of	108394
the assessment, including accrued interest, remains unpaid, a	108395
certified copy of the tax commissioner's entry making the	108396
assessment final may be filed in the office of the clerk of the	108397
court of common pleas in the county in which the person resides or	108398
has its principal place of business in this state, or in the	108399
office of the clerk of court of common pleas of Franklin county.	108400

(2) Immediately upon the filing of the entry, the clerk shall	108401
enter judgment for the state against the person assessed in the	108402
amount shown on the entry. The judgment may be filed by the clerk	108403
in a loose-leaf book entitled, "special judgments for the	108404
commercial activity tax" and shall have the same effect as other	108405
judgments. Execution shall issue upon the judgment at the request	108406
of the tax commissioner, and all laws applicable to sales on	108407
execution shall apply to sales made under the judgment.	108408

(3) The portion of the assessment not paid within sixty days	108409
after the day the assessment was issued shall bear interest at the	108410
rate per annum prescribed by section 5703.47 of the Revised Code	108411
from the day the tax commissioner issues the assessment until it	108412
is paid. Interest shall be paid in the same manner as the tax and	108413
may be collected by the issuance of an assessment under this	108414
section.	108415

(D) If the tax commissioner believes that collection of the	108416
tax will be jeopardized unless proceedings to collect or secure	108417
collection of the tax are instituted without delay, the	108418
commissioner may issue a jeopardy assessment against the person	108419
liable for the tax. Immediately upon the issuance of the jeopardy	108420
assessment, the commissioner shall file an entry with the clerk of	108421
the court of common pleas in the manner prescribed by division (C)	108422
of this section. Notice of the jeopardy assessment shall be served	108423
on the person assessed or the person's authorized agent in the	108424
manner provided in section 5703.37 of the Revised Code within five	108425
days of the filing of the entry with the clerk. The total amount	108426
assessed is immediately due and payable, unless the person	108427
assessed files a petition for reassessment in accordance with	108428
division (B) of this section and provides security in a form	108429
satisfactory to the commissioner and in an amount sufficient to	108430
satisfy the unpaid balance of the assessment. Full or partial	108431
payment of the assessment does not prejudice the commissioner's	108432
consideration of the petition for reassessment.	108433

(E) The tax commissioner shall immediately forward to the	108434
treasurer of state all amounts the commissioner receives under	108435
this section, and such amounts shall be considered as revenue	108436
arising from the tax imposed under this chapter.	108437

(F) Except as otherwise provided in this division, no	108438
assessment shall be made or issued against a taxpayer for the tax	108439
imposed under this chapter more than four years after the due date	108440
for the filing of the return for the tax period for which the tax	108441
was reported, or more than four years after the return for the tax	108442
period was filed, whichever is later. Nothing in this division	108443
bars an assessment against a taxpayer that fails to file a return	108444
required by this chapter or that files a fraudulent return.	108445

(G) If the tax commissioner possesses information that	108446
indicates that the amount of tax a taxpayer is required to pay	108447
under this chapter exceeds the amount the taxpayer paid, the tax	108448
commissioner may audit a sample of the taxpayer's gross receipts	108449
over a representative period of time to ascertain the amount of	108450
tax due, and may issue an assessment based on the audit. The tax	108451
commissioner shall make a good faith effort to reach agreement	108452
with the taxpayer in selecting a representative sample. The tax	108453
commissioner may apply a sampling method only if the commissioner	108454
has prescribed the method by rule.	108455

(H) If the whereabouts of a person subject to this chapter is	108456
not known to the tax commissioner, the ~~secretary of state is~~	108457
~~hereby deemed to be that person's agent for purposes of service of~~	108458
~~process of notice of any assessment, action, or proceedings~~	108459
~~instituted in this state against the person under this chapter.~~	108460
~~Such process or notice shall be served on such person by the~~	108461
~~commissioner or by one of the commissioner's agents by leaving at~~	108462
~~the office of the secretary of state, at least fifteen days before~~	108463
~~the return day of such process or notice, a true and attested copy~~	108464
~~of the notice, and by sending to such person by ordinary mail,~~	108465
~~with an endorsement thereon of the service upon the secretary of~~	108466
~~state, addressed to such person at the person's last known~~	108467
~~address~~commissioner shall follow the procedures under section	108468
5703.37 of the Revised Code.	108469

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	108470
the Revised Code:	108471

(1) "School district," "joint vocational school district,"	108472
"local taxing unit," "recognized valuation," "fixed-rate levy,"	108473
and "fixed-sum levy" have the same meanings as used in section	108474
5727.84 of the Revised Code.	108475

(2) "State education aid" for a school district means the	108476
following:	108477

(a) For fiscal years prior to fiscal year 2010, the sum of	108478
state aid amounts computed for the district under division (A) of	108479
section 3317.022 of the Revised Code, including the amounts	108480
calculated under sections 3317.029 and 3317.0217 of the Revised	108481
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section	108482
3317.022; divisions (B), (C), and (D) of section 3317.023;	108483
divisions (L) and (N) of section 3317.024; section 3317.0216; and	108484
any unit payments for gifted student services paid under sections	108485
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	108486
for fiscal years 2008 and 2009, the amount computed for the	108487
district under Section 269.20.80 of H.B. 119 of the 127th general	108488
assembly and as that section subsequently may be amended shall be	108489
substituted for the amount computed under division (D) of section	108490
3317.022 of the Revised Code, and the amount computed under	108491
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	108492
that section subsequently may be amended shall be included.	108493

(b) For fiscal year 2010 and for each fiscal year thereafter,	108494
the sum of the amounts computed under sections 3306.052, 3306.12,	108495
3306.13, 3306.19, and 3306.192 of the Revised Code.	108496

(3) "State education aid" for a joint vocational school	108497
district means the following:	108498

(a) For fiscal years prior to fiscal year 2010, the sum of	108499
the state aid computed for the district under division (N) of	108500
section 3317.024 and section 3317.16 of the Revised Code, except	108501
that, for fiscal years 2008 and 2009, the amount computed under	108502
Section 269.30.80 of H.B. 119 of the 127th general assembly and	108503
as that section subsequently may be amended shall be included.	108504

(b) For fiscal years 2010 and 2011, the amount paid in	108505
accordance with the section of this act entitled "FUNDING FOR	108506
JOINT VOCATIONAL SCHOOL DISTRICTS."	108507

(4) "State education aid offset" means the amount determined	108508
for each school district or joint vocational school district under	108509
division (A)(1) of section 5751.21 of the Revised Code.	108510

(5) "Machinery and equipment property tax value loss" means	108511
the amount determined under division (C)(1) of this section.	108512

(6) "Inventory property tax value loss" means the amount	108513
determined under division (C)(2) of this section.	108514

(7) "Furniture and fixtures property tax value loss" means	108515
the amount determined under division (C)(3) of this section.	108516

(8) "Machinery and equipment fixed-rate levy loss" means the	108517
amount determined under division (D)(1) of this section.	108518

(9) "Inventory fixed-rate levy loss" means the amount	108519
determined under division (D)(2) of this section.	108520

(10) "Furniture and fixtures fixed-rate levy loss" means the	108521
amount determined under division (D)(3) of this section.	108522

(11) "Total fixed-rate levy loss" means the sum of the	108523
machinery and equipment fixed-rate levy loss, the inventory	108524
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	108525
loss, and the telephone company fixed-rate levy loss.	108526

(12) "Fixed-sum levy loss" means the amount determined under	108527
division (E) of this section.	108528

(13) "Machinery and equipment" means personal property	108529
subject to the assessment rate specified in division (F) of	108530
section 5711.22 of the Revised Code.	108531

(14) "Inventory" means personal property subject to the	108532
assessment rate specified in division (E) of section 5711.22 of	108533
the Revised Code.	108534

(15) "Furniture and fixtures" means personal property	108535
subject to the assessment rate specified in division (G) of	108536
section 5711.22 of the Revised Code.	108537

(16) "Qualifying levies" are levies in effect for tax year	108538
2004 or applicable to tax year 2005 or approved at an election	108539
conducted before September 1, 2005. For the purpose of	108540
determining the rate of a qualifying levy authorized by section	108541
5705.212 or 5705.213 of the Revised Code, the rate shall be the	108542
rate that would be in effect for tax year 2010.	108543

(17) "Telephone property" means tangible personal property	108544
of a telephone, telegraph, or interexchange telecommunications	108545
company subject to an assessment rate specified in section	108546
5727.111 of the Revised Code in tax year 2004.	108547

(18) "Telephone property tax value loss" means the amount	108548
determined under division (C)(4) of this section.	108549

(19) "Telephone property fixed-rate levy loss" means the	108550
amount determined under division (D)(4) of this section.	108551

(B) The commercial activities tax receipts fund is hereby	108552
created in the state treasury and shall consist of money arising	108553
from the tax imposed under this chapter. ~~All money in that~~	108554
Eighty-five one-hundredths of one per cent of the money credited	108555
to that fund shall be credited to the tax reform system	108556
implementation fund, which is hereby created in the state	108557
treasury, and shall be used to defray the costs incurred by the	108558
department of taxation in administering the tax imposed by this	108559
chapter and in implementing tax reform measures. The remainder in	108560
the commercial activities tax receipts fund shall be credited for	108561
each fiscal year in the following percentages to the general	108562
revenue fund, to the school district tangible property tax	108563
replacement fund, which is hereby created in the state treasury	108564
for the purpose of making the payments described in section	108565
5751.21 of the Revised Code, and to the local government tangible	108566
property tax replacement fund, which is hereby created in the	108567
state treasury for the purpose of making the payments described	108568
in section 5751.22 of the Revised Code, in the following	108569
percentages:	108570

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	108571
2006	67.7%	22.6%	9.7%	108572
2007	0%	70.0%	30.0%	108573
2008	0%	70.0%	30.0%	108574
2009	0%	70.0%	30.0%	108575
2010	0%	70.0%	30.0%	108576
2011	0%	70.0%	30.0%	108577
2012	5.3%	70.0%	24.7%	108578
2013	10.6%	70.0%	19.4%	108579
2014	14.1%	70.0%	15.9%	108580
2015	17.6%	70.0%	12.4%	108581
2016	21.1%	70.0%	8.9%	108582
2017	24.6%	70.0%	5.4%	108583
2018	28.1%	70.0%	1.9%	108584
2019 and thereafter	30%	70%	0%	108585

(C) Not later than September 15, 2005, the tax commissioner	108586
shall determine for each school district, joint vocational school	108587
district, and local taxing unit its machinery and equipment,	108588
inventory property, furniture and fixtures property, and telephone	108589
property tax value losses, which are the applicable amounts	108590
described in divisions (C)(1), (2), (3), and (4) of this section,	108591
except as provided in division (C)(5) of this section:	108592

(1) Machinery and equipment property tax value loss is the	108593
taxable value of machinery and equipment property as reported by	108594
taxpayers for tax year 2004 multiplied by:	108595

(a) For tax year 2006, thirty-three and eight-tenths per	108596
cent;	108597

(b) For tax year 2007, sixty-one and three-tenths per cent;

108598

108599

(d) For tax year 2009 and thereafter, one hundred per cent.

108600

(2) Inventory property tax value loss is the taxable value of	108601
inventory property as reported by taxpayers for tax year 2004	108602
multiplied by:	108603

(a) For tax year 2006, a fraction, the numerator of which is	108604
five and three-fourths and the denominator of which is	108605
twenty-three;	108606

(b) For tax year 2007, a fraction, the numerator of which is	108607
nine and one-half and the denominator of which is twenty-three;	108608

(c) For tax year 2008, a fraction, the numerator of which is	108609
thirteen and one-fourth and the denominator of which is	108610
twenty-three;	108611

(d) For tax year 2009 and thereafter a fraction, the	108612
numerator of which is seventeen and the denominator of which is	108613
twenty-three.	108614

(3) Furniture and fixtures property tax value loss is the	108615
taxable value of furniture and fixture property as reported by	108616
taxpayers for tax year 2004 multiplied by:	108617

(a) For tax year 2006, twenty-five per cent;

108618

(b) For tax year 2007, fifty per cent;

108619

108620

(d) For tax year 2009 and thereafter, one hundred per cent.

108621

The taxable value of property reported by taxpayers used in	108622
divisions (C)(1), (2), and (3) of this section shall be such	108623
values as determined to be final by the tax commissioner as of	108624
August 31, 2005. Such determinations shall be final except for any	108625
correction of a clerical error that was made prior to August 31,	108626
2005, by the tax commissioner.	108627

(4) Telephone property tax value loss is the taxable value of	108628
telephone property as taxpayers would have reported that property	108629
for tax year 2004 if the assessment rate for all telephone	108630
property for that year were twenty-five per cent, multiplied by:	108631

(a) For tax year 2006, zero per cent;

108632

(b) For tax year 2007, zero per cent;

108633

108634

(d) For tax year 2009, sixty per cent;

108635

(e) For tax year 2010, eighty per cent;

108636

(f) For tax year 2011 and thereafter, one hundred per cent.

108637

(5) Division (C)(5) of this section applies to any school	108638
district, joint vocational school district, or local taxing unit	108639
in a county in which is located a facility currently or formerly	108640
devoted to the enrichment or commercialization of uranium or	108641
uranium products, and for which the total taxable value of	108642
property listed on the general tax list of personal property for	108643
any tax year from tax year 2001 to tax year 2004 was fifty per	108644
cent or less of the taxable value of such property listed on the	108645
general tax list of personal property for the next preceding tax	108646
year.	108647

In computing the fixed-rate levy losses under divisions	108648
(D)(1), (2), and (3) of this section for any school district,	108649
joint vocational school district, or local taxing unit to which	108650
division (C)(5) of this section applies, the taxable value of such	108651
property as listed on the general tax list of personal property	108652
for tax year 2000 shall be substituted for the taxable value of	108653
such property as reported by taxpayers for tax year 2004, in the	108654
taxing district containing the uranium facility, if the taxable	108655
value listed for tax year 2000 is greater than the taxable value	108656
reported by taxpayers for tax year 2004. For the purpose of making	108657
the computations under divisions (D)(1), (2), and (3) of this	108658
section, the tax year 2000 valuation is to be allocated to	108659
machinery and equipment, inventory, and furniture and fixtures	108660
property in the same proportions as the tax year 2004 values. For	108661
the purpose of the calculations in division (A) of section 5751.21	108662
of the Revised Code, the tax year 2004 taxable values shall be	108663
used.	108664

To facilitate the calculations required under division (C) of	108665
this section, the county auditor, upon request from the tax	108666
commissioner, shall provide by August 1, 2005, the values of	108667
machinery and equipment, inventory, and furniture and fixtures for	108668
all single-county personal property taxpayers for tax year 2004.	108669

(D) Not later than September 15, 2005, the tax commissioner	108670
shall determine for each tax year from 2006 through 2009 for each	108671
school district, joint vocational school district, and local	108672
taxing unit its machinery and equipment, inventory, and furniture	108673
and fixtures fixed-rate levy losses, and for each tax year from	108674
2006 through 2011 its telephone property fixed-rate levy loss,	108675
~~which~~. Except as provided in division (F) of this section, such	108676
losses are the applicable amounts described in divisions (D)(1),	108677
(2), (3), and (4) of this section:	108678

(1) The machinery and equipment fixed-rate levy loss is the	108679
machinery and equipment property tax value loss multiplied by the	108680
sum of the tax rates of fixed-rate qualifying levies.	108681

(2) The inventory fixed-rate loss is the inventory property	108682
tax value loss multiplied by the sum of the tax rates of	108683
fixed-rate qualifying levies.	108684

(3) The furniture and fixtures fixed-rate levy loss is the	108685
furniture and fixture property tax value loss multiplied by the	108686
sum of the tax rates of fixed-rate qualifying levies.	108687

(4) The telephone property fixed-rate levy loss is the	108688
telephone property tax value loss multiplied by the sum of the tax	108689
rates of fixed-rate qualifying levies.	108690

(E) Not later than September 15, 2005, the tax commissioner	108691
shall determine for each school district, joint vocational school	108692
district, and local taxing unit its fixed-sum levy loss. The	108693
fixed-sum levy loss is the amount obtained by subtracting the	108694
amount described in division (E)(2) of this section from the	108695
amount described in division (E)(1) of this section:	108696

(1) The sum of the machinery and equipment property tax value	108697
loss, the inventory property tax value loss, and the furniture and	108698
fixtures property tax value loss, and, for 2008 through 2017 the	108699
telephone property tax value loss of the district or unit	108700
multiplied by the sum of the fixed-sum tax rates of qualifying	108701
levies. For 2006 through 2010, this computation shall include all	108702
qualifying levies remaining in effect for the current tax year and	108703
any school district levies imposed under section 5705.194 or	108704
5705.213 of the Revised Code that are qualifying levies not	108705
remaining in effect for the current year. For 2011 through 2017	108706
in the case of qualifying school district levies imposed under	108707
section 5705.194 or 5705.213 of the Revised Code and for all	108708
years after 2010 in the case of other fixed-sum levies, this	108709
computation shall include only qualifying levies remaining in	108710
effect for the current year. For purposes of this computation, a	108711
qualifying school district levy imposed under section 5705.194	108712
or 5705.213 of the Revised Code remains in effect in a year	108713
after 2010 only if, for that year, the board of education levies	108714
a school district levy imposed under section 5705.194 or,	108715
5705.199, 5705.213, or 5705.219 of the Revised Code for an	108716
annual sum at least equal to the annual sum levied by the	108717
board in tax year 2004 less the amount of the payment	108718
certified under this division for 2006.	108719

(2) The total taxable value in tax year 2004 less the sum of	108720
the machinery and equipment, inventory, furniture and fixtures,	108721
and telephone property tax value losses in each school district,	108722
joint vocational school district, and local taxing unit multiplied	108723
by one-half of one mill per dollar.	108724

(3) For the calculations in divisions (E)(1) and (2) of this	108725
section, the tax value losses are those that would be calculated	108726
for tax year 2009 under divisions (C)(1), (2), and (3) of this	108727
section and for tax year 2011 under division (C)(4) of this	108728
section.	108729

(4) To facilitate the calculation under divisions (D) and (E)	108730
of this section, not later than September 1, 2005, any school	108731
district, joint vocational school district, or local taxing unit	108732
that has a qualifying levy that was approved at an election	108733
conducted during 2005 before September 1, 2005, shall certify to	108734
the tax commissioner a copy of the county auditor's certificate of	108735
estimated property tax millage for such levy as required under	108736
division (B) of section 5705.03 of the Revised Code, which is the	108737
rate that shall be used in the calculations under such divisions.	108738

If the amount determined under division (E) of this section	108739
for any school district, joint vocational school district, or	108740
local taxing unit is greater than zero, that amount shall equal	108741
the reimbursement to be paid pursuant to division (E) of section	108742
5751.21 or division (A)(3) of section 5751.22 of the Revised	108743
Code, and the one-half of one mill that is subtracted under	108744
division (E)(2) of this section shall be apportioned among all	108745
contributing fixed-sum levies in the proportion that each levy	108746
bears to the sum of all fixed-sum levies within each school	108747
district, joint vocational school district, or local taxing unit.	108748

(F) If a school district levies a tax under section 5705.219	108749
of the Revised Code, the fixed-rate levy loss for qualifying	108750
levies, to the extent repealed under that section, shall equal the	108751
sum of the following amounts in lieu of the amounts computed for	108752
such levies under division (D) of this section:	108753

(1) The sum of the rates of qualifying levies to the extent	108754
so repealed multiplied by the sum of the machinery and equipment,	108755
inventory, and furniture and fixtures tax value losses for 2009 as	108756
determined under that division;	108757

(2) The sum of the rates of qualifying levies to the extent	108758
so repealed multiplied by the telephone property tax value loss	108759
for 2011 as determined under that division.	108760

The fixed-rate levy losses for qualifying levies to the	108761
extent not repealed under section 5705.219 of the Revised Code	108762
shall be as determined under division (D) of this section. The	108763
revised fixed-rate levy losses determined under this division and	108764
division (D) of this section first apply in the year following the	108765
first year the district levies the tax under section 5705.219 of	108766
the Revised Code.	108767

(G) Not later than October 1, 2005, the tax commissioner	108768
shall certify to the department of education for every school	108769
district and joint vocational school district the machinery and	108770
equipment, inventory, furniture and fixtures, and telephone	108771
property tax value losses determined under division (C) of this	108772
section, the machinery and equipment, inventory, furniture and	108773
fixtures, and telephone fixed-rate levy losses determined under	108774
division (D) of this section, and the fixed-sum levy losses	108775
calculated under division (E) of this section. The calculations	108776
under divisions (D) and (E) of this section shall separately	108777
display the levy loss for each levy eligible for reimbursement.	108778

~~(G)~~(H) Not later than October 1, 2005, the tax commissioner	108779
shall certify the amount of the fixed-sum levy losses to the	108780
county auditor of each county in which a school district, joint	108781
vocational school district, or local taxing unit with a fixed-sum	108782
levy loss reimbursement has territory.	108783

(I) Not later than the twenty-eighth day of February each	108784
year beginning in 2011 and ending in 2014, the tax commissioner	108785
shall certify to the department of education for each school	108786
district first levying a tax under section 5705.219 of the Revised	108787
Code in the preceding year the revised fixed-rate levy losses	108788
determined under divisions (D) and (F) of this section.	108789

Sec. 5751.21. (A) Not later than the thirtieth day of July	108790
of 2007 through 2017, the department of education shall consult	108791
with the director of budget and management and determine the	108792
following for each school district and each joint vocational	108793
school district eligible for payment under division (B) of this	108794
section:	108795

(1) The state education aid offset, which is the difference	108796
obtained by subtracting the amount described in division (A)(1)(b)	108797
of this section from the amount described in division (A)(1)(a) of	108798
this section:	108799

(a) The state education aid computed for the school district	108800
or joint vocational school district for the current fiscal year as	108801
of the thirtieth day of July;	108802

(b) The state education aid that would be computed for the	108803
school district or joint vocational school district for the	108804
current fiscal year as of the thirtieth day of July if the	108805
recognized valuation included the machinery and equipment,	108806
inventory, furniture and fixtures, and telephone property tax	108807
value losses for the school district or joint vocational school	108808
district for the second preceding tax year, and if taxes charged	108809
and payable associated with the tax value losses are accounted for	108810
in any state education aid computation dependent on taxes charged	108811
and payable.	108812

(2) The greater of zero or the difference obtained by	108813
subtracting the state education aid offset determined under	108814
division (A)(1) of this section from the sum of the machinery and	108815
equipment fixed-rate levy loss, the inventory fixed-rate levy	108816
loss, furniture and fixtures fixed-rate levy loss, and telephone	108817
property fixed-rate levy loss certified under ~~division (F)~~	108818
divisions (G) and (I) of section 5751.20 of the Revised Code for	108819
all taxing districts in each school district and joint vocational	108820
school district for the second preceding tax year.	108821

By the thirtieth day of July of each such year, the	108822
department of education and the director of budget and management	108823
shall agree upon the amount to be determined under division	108824
(A)(1) of this section.	108825

(B) On or before the thirty-first day of August of each year	108826
beginning in 2008, the department of education shall recalculate	108827
the offset described under division (A) of this section for the	108828
previous fiscal year and recalculate the payments made under	108829
division (C) of this section in the preceding fiscal year using	108830
the offset calculated under this division. If the payments	108831
calculated under this division differ from the payments made under	108832
division (C) of this section in the preceding fiscal year, the	108833
difference shall either be paid to a school district or recaptured	108834
from a school district through an adjustment at the same times	108835
during the current fiscal year that the payments under division	108836
(C) of this section are made. In August and October of the current	108837
fiscal year, the amount of each adjustment shall be three-sevenths	108838
of the amount calculated under this division. In May of the	108839
current fiscal year, the adjustment shall be one-seventh of the	108840
amount calculated under this division.	108841

(C) The department of education shall pay from the school	108842
district tangible property tax replacement fund to each school	108843
district and joint vocational school district all of the following	108844
for fixed-rate levy losses certified under ~~division (F)~~divisions	108845
(G) and (I) of section 5751.20 of the Revised Code:	108846

(1) On or before May 31, 2006, one-seventh of the total	108847
fixed-rate levy loss for tax year 2006;	108848

(2) On or before August 31, 2006, and October 31, 2006,	108849
one-half of six-sevenths of the total fixed-rate levy loss for tax	108850
year 2006;	108851

(3) On or before May 31, 2007, one-seventh of the total	108852
fixed-rate levy loss for tax year 2007;	108853

(4) On or before August 31, 2007, and October 31, 2007,	108854
forty-three per cent of the amount determined under division	108855
(A)(2) of this section for fiscal year 2008, but not less than	108856
zero, plus one-half of six-sevenths of the difference between the	108857
total fixed-rate levy loss for tax year 2007 and the total	108858
fixed-rate levy loss for tax year 2006.	108859

(5) On or before May 31, 2008, fourteen per cent of the	108860
amount determined under division (A)(2) of this section for	108861
fiscal year 2008, but not less than zero, plus one-seventh of the	108862
difference between the total fixed-rate levy loss for tax year	108863
2008 and the total fixed-rate levy loss for tax year 2006.	108864

(6) On or before August 31, 2008, and October 31, 2008,	108865
forty-three per cent of the amount determined under division	108866
(A)(2) of this section for fiscal year 2009, but not less than	108867
zero, plus one-half of six-sevenths of the difference between the	108868
total fixed-rate levy loss in tax year 2008 and the total	108869
fixed-rate levy loss in tax year 2007.	108870

(7) On or before May 31, 2009, fourteen per cent of the	108871
amount determined under division (A)(2) of this section for	108872
fiscal year 2009, but not less than zero, plus one-seventh of the	108873
difference between the total fixed-rate levy loss for tax year	108874
2009 and the total fixed-rate levy loss for tax year 2007.	108875

(8) On or before August 31, 2009, and October 31, 2009,	108876
forty-three per cent of the amount determined under division	108877
(A)(2) of this section for fiscal year 2010, but not less than	108878
zero, plus one-half of six-sevenths of the difference between the	108879
total fixed-rate levy loss in tax year 2009 and the total	108880
fixed-rate levy loss in tax year 2008.	108881

(9) On or before May 31, 2010, fourteen per cent of the	108882
amount determined under division (A)(2) of this section for	108883
fiscal year 2010, but not less than zero, plus one-seventh of the	108884
difference between the total fixed-rate levy loss in tax year 2010	108885
and the total fixed-rate levy loss in tax year 2008.	108886

(10) On or before August 31, 2010, and October 31, 2010,	108887
forty-three per cent of the amount determined under division	108888
(A)(2) of this section for fiscal year 2011, but not less than	108889
zero, plus one-half of six-sevenths of the difference between the	108890
telephone property fixed-rate levy loss for tax year 2010 and the	108891
telephone property fixed-rate levy loss for tax year 2009.	108892

(11) On or before May 31, 2011, fourteen per cent of the	108893
amount determined under division (A)(2) of this section for	108894
fiscal year 2011, but not less than zero, plus one-seventh of the	108895
difference between the telephone property fixed-rate levy loss for	108896
tax year 2011 and the telephone property fixed-rate levy loss for	108897
tax year 2009.	108898

(12) On or before August 31, 2011, and October 31, 2011, the	108899
amount determined under division (A)(2) of this section	108900
multiplied by a fraction, the numerator of which is fourteen and	108901
the denominator of which is seventeen, but not less than zero,	108902
multiplied by forty-three per cent, plus one-half of six-sevenths	108903
of the difference between the telephone property fixed-rate levy	108904
loss for tax year 2011 and the telephone property fixed-rate levy	108905
loss for tax year 2010.	108906

(13) On or before May 31, 2012, fourteen per cent of the	108907
amount determined under division (A)(2) of this section for	108908
fiscal year 2012, multiplied by a fraction, the numerator of	108909
which is fourteen and the denominator of which is seventeen, plus	108910
one-seventh of the difference between the telephone property	108911
fixed-rate levy loss for tax year 2011 and the telephone property	108912
fixed-rate levy loss for tax year 2010.	108913

(14) On or before August 31, 2012, October 31, 2012, and May	108914
31, 2013, the amount determined under division (A)(2) of this	108915
section multiplied by a fraction, the numerator of which is	108916
eleven and the denominator of which is seventeen, but not less	108917
than zero, multiplied by one-third.	108918

(15) On or before August 31, 2013, October 31, 2013, and May	108919
31, 2014, the amount determined under division (A)(2) of this	108920
section multiplied by a fraction, the numerator of which is nine	108921
and the denominator of which is seventeen, but not less than	108922
zero, multiplied by one-third.	108923

(16) On or before August 31, 2014, October 31, 2014, and May	108924
31, 2015, the amount determined under division (A)(2) of this	108925
section multiplied by a fraction, the numerator of which is seven	108926
and the denominator of which is seventeen, but not less than	108927
zero, multiplied by one-third.	108928

(17) On or before August 31, 2015, October 31, 2015, and May	108929
31, 2016, the amount determined under division (A)(2) of this	108930
section multiplied by a fraction, the numerator of which is five	108931
and the denominator of which is seventeen, but not less than	108932
zero, multiplied by one-third.	108933

(18) On or before August 31, 2016, October 31, 2016, and May	108934
31, 2017, the amount determined under division (A)(2) of this	108935
section multiplied by a fraction, the numerator of which is three	108936
and the denominator of which is seventeen, but not less than	108937
zero, multiplied by one-third.	108938

(19) On or before August 31, 2017, October 31, 2017, and May	108939
31, 2018, the amount determined under division (A)(2) of this	108940
section multiplied by a fraction, the numerator of which is one	108941
and the denominator of which is seventeen, but not less than	108942
zero, multiplied by one-third.	108943

The department of education shall report to each school	108944
district and joint vocational school district the apportionment of	108945
the payments among the school district's or joint vocational	108946
school district's funds based on the certifications under ~~division~~	108947
~~(F)~~divisions (G) and (I) of section 5751.20 of the Revised Code.	108948

Any qualifying levy that is a fixed-rate levy that is not	108949
applicable to a tax year after 2010 does not qualify for any	108950
reimbursement after the tax year to which it is last applicable.	108951

(D) For taxes levied within the ten-mill limitation for debt	108952
purposes in tax year 2005, payments shall be made equal to one	108953
hundred per cent of the loss computed as if the tax were a	108954
fixed-rate levy, but those payments shall extend from fiscal year	108955
2006 through fiscal year 2018, as long as the qualifying levy	108956
continues to be used for debt purposes. If the purpose of such a	108957
qualifying levy is changed, that levy becomes subject to the	108958
payments determined in division (C) of this section.	108959

(E)(1) Not later than January 1, 2006, for each fixed-sum	108960
levy of each school district or joint vocational school district	108961
and for each year for which a determination is made under division	108962
~~(F)~~(E) of section 5751.20 of the Revised Code that a fixed-sum	108963
levy loss is to be reimbursed, the tax commissioner shall certify	108964
to the department of education the fixed-sum levy loss determined	108965
under that division. The certification shall cover a time period	108966
sufficient to include all fixed-sum levies for which the	108967
commissioner made such a determination. The department shall pay	108968
from the school district property tax replacement fund to the	108969
school district or joint vocational school district one-third of	108970
the fixed-sum levy loss so certified for each year, plus one-third	108971
of the amount certified under division (I) of section 5751.20 of	108972
the Revised Code, on or before the last day of May, August, and	108973
October of the current year. Payments under this division of the	108974
amounts certified under division (I) of section 5751.20 of the	108975
Revised Code shall continue through the earlier of calendar year	108976
2017 or until the levy adopted under section 5705.219 of the	108977
Revised Code expires.	108978

(2) Beginning in 2006, by the first day of January of each	108979
year, the tax commissioner shall review the certification	108980
originally made under division (E)(1) of this section. If the	108981
commissioner determines that a debt levy that had been scheduled	108982
to be reimbursed in the current year has expired, a revised	108983
certification for that and all subsequent years shall be made to	108984
the department of education.	108985

(F) Beginning in September 2007 and through June 2018, the	108986
director of budget and management shall transfer from the school	108987
district tangible property tax replacement fund to the general	108988
revenue fund each of the following:	108989

(1) On the first day of September, one-fourth of the amount	108990
determined for that fiscal year under division (A)(1) of this	108991
section;	108992

(2) On the first day of December, one-fourth of the amount	108993
determined for that fiscal year under division (A)(1) of this	108994
section;	108995

(3) On the first day of March, one-fourth of the amount	108996
determined for that fiscal year under division (A)(1) of this	108997
section;	108998

(4) On the first day of June, one-fourth of the amount	108999
determined for that fiscal year under division (A)(1) of this	109000
section.	109001

If, when a transfer is required under division (F)(1), (2),	109002
(3), or (4) of this section, there is not sufficient money in the	109003
school district tangible property tax replacement fund to make	109004
the transfer in the required amount, the director shall transfer	109005
the balance in the fund to the general revenue fund and may make	109006
additional transfers on later dates as determined by the director	109007
in a total amount that does not exceed one-fourth of the amount	109008
determined for the fiscal year.	109009

(G) For each of the fiscal years 2006 through 2018, if the	109010
total amount in the school district tangible property tax	109011
replacement fund is insufficient to make all payments under	109012
divisions (C), (D), and (E) of this section at the times the	109013
payments are to be made, the director of budget and management	109014
shall transfer from the general revenue fund to the school	109015
district tangible property tax replacement fund the difference	109016
between the total amount to be paid and the amount in the school	109017
district tangible property tax replacement fund. For each fiscal	109018
year after 2018, at the time payments under division (E) of this	109019
section are to be made, the director of budget and management	109020
shall transfer from the general revenue fund to the school	109021
district property tax replacement fund the amount necessary to	109022
make such payments.	109023

(H)(1) On the fifteenth day of June of 2006 through 2011,	109024
the director of budget and management may transfer any balance in	109025
the school district tangible property tax replacement fund to the	109026
general revenue fund. At the end of fiscal years 2012 through	109027
2018, any balance in the school district tangible property tax	109028
replacement fund shall remain in the fund to be used in future	109029
fiscal years for school purposes.	109030

(2) In each fiscal year beginning with fiscal year 2019, all	109031
amounts credited to the school district tangible personal property	109032
tax replacement fund shall be appropriated for school purposes.	109033

(I) If all of the territory of a school district or joint	109034
vocational school district is merged with another district, or if	109035
a part of the territory of a school district or joint vocational	109036
school district is transferred to an existing or newly created	109037
district, the department of education, in consultation with the	109038
tax commissioner, shall adjust the payments made under this	109039
section as follows:	109040

(1) For a merger of two or more districts, the machinery and	109041
equipment, inventory, furniture and fixtures, and telephone	109042
property fixed-rate levy losses and the fixed-sum levy losses of	109043
the successor district shall be equal to the sum of the machinery	109044
and equipment, inventory, furniture and fixtures, and telephone	109045
property fixed-rate levy losses and debt levy losses as determined	109046
in section 5751.20 of the Revised Code, for each of the districts	109047
involved in the merger.	109048

(2) If property is transferred from one district to a	109049
previously existing district, the amount of machinery and	109050
equipment, inventory, furniture and fixtures, and telephone	109051
property tax value losses and fixed-rate levy losses that shall be	109052
transferred to the recipient district shall be an amount equal to	109053
the total machinery and equipment, inventory, furniture and	109054
fixtures, and telephone property fixed-rate levy losses times a	109055
fraction, the numerator of which is the value of business tangible	109056
personal property on the land being transferred in the most recent	109057
year for which data are available, and the denominator of which is	109058
the total value of business tangible personal property in the	109059
district from which the land is being transferred in the most	109060
recent year for which data are available. For each of the first	109061
five years after the property is transferred, but not after fiscal	109062
year 2012, if the tax rate in the recipient district is less than	109063
the tax rate of the district from which the land was transferred,	109064
one-half of the payments arising from the amount of fixed-rate	109065
levy losses so transferred to the recipient district shall be paid	109066
to the recipient district and one-half of the payments arising	109067
from the fixed-rate levy losses so transferred shall be paid to	109068
the district from which the land was transferred. Fixed-rate levy	109069
losses so transferred shall be computed on the basis of the sum of	109070
the rates of fixed-rate qualifying levies of the district from	109071
which the land was transferred, notwithstanding division (E) of	109072
this section.	109073

(3) After December 31, 2004, if property is transferred from	109074
one or more districts to a district that is newly created out of	109075
the transferred property, the newly created district shall be	109076
deemed not to have any machinery and equipment, inventory,	109077
furniture and fixtures, or telephone property fixed-rate levy	109078
losses and the districts from which the property was transferred	109079
shall have no reduction in their machinery and equipment,	109080
inventory, furniture and fixtures, and telephone property	109081
fixed-rate levy losses.	109082

(4) If the recipient district under division (I)(2) of this	109083
section or the newly created district under divisions (I)(3) of	109084
this section is assuming debt from one or more of the districts	109085
from which the property was transferred and any of the districts	109086
losing the property had fixed-sum levy losses, the department of	109087
education, in consultation with the tax commissioner, shall make	109088
an equitable division of the fixed-sum levy loss reimbursements.	109089

Sec. 5911.10. If any armory erected or purchased by the	109090
state becomes vacant because of the deactivation of the	109091
organizations quartered in that armory, the governor and the	109092
adjutant general may lease that armory for periods not to exceed	109093
one year; or, when authorized by an act of the general assembly,	109094
may sell that armory or lease it for a period of years. ~~The~~	109095

The proceeds from the sale or lease of such an armory, or	109096
from the sale or lease of other facilities and land owned by the	109097
adjutant general, shall be credited to the armory improvements	109098
fund, which is hereby created in the state treasury. The moneys in	109099
the fund shall be used to support Ohio army national guard	109100
facility and maintenance expenses as the adjutant general directs.	109101
Any fund expenditure related to the construction, acquisition,	109102
lease, or financing of a capital asset is subject to approval by	109103
the controlling board. Investment earnings of the fund shall be	109104
credited to the general revenue fund.	109105

Sec. 5911.11. There is hereby created in the state treasury	109106
the community match armories fund. The fund shall consist of all	109107
amounts received as revenue from contributions from local entities	109108
for construction and maintenance of Ohio army national guard	109109
readiness and community centers and facilities. The moneys in the	109110
fund shall be used to support the acquisition and maintenance	109111
costs of centers and facilities representing the local entity's	109112
share of costs, including the local entity's share of utility	109113
costs. Investment earnings of the fund shall be credited to the	109114
fund.	109115

Sec. 5913.051. ~~To supplement the military staff of the~~	109116
~~governor, the~~(A) The adjutant general may appoint an assistant to	109117
~~the state area commander for readiness and training for~~adjutant	109118
general - army. This assistant shall be a brigadier general and	109119
shall aid the adjutant general by performing duties that the	109120
adjutant general assigns inthat include the areas of readiness,	109121
~~training, and~~ mobilization, and homeland defense preparedness.	109122
This assistant shall not be a full-time state employee or a member	109123
of the governor's military staff, but shall serve in that capacity	109124
only during federally recognized training, special duty periods,	109125
or mobilization periods, or state active duty, and shall at the	109126
time of appointment be in the rank of colonel or above but	109127
otherwise meet the qualifications established ~~in section 5913.021~~	109128
~~of the Revised Code~~by the department of defense/army for general	109129
officer qualification.	109130

(B) The adjutant general may appoint an assistant adjutant	109131
general – airforce. This assistant shall be a brigadier general	109132
and shall aid the adjutant general by performing duties that the	109133
adjutant general assigns that include the areas of readiness,	109134
mobilization, and homeland defense preparedness. This assistant	109135
shall not be a full-time state employee or a member of the	109136
governor's military staff, but shall serve in that capacity only	109137
during federally recognized training, special duty periods,	109138
mobilization periods, or state active duty, and shall at the time	109139
of appointment be in the rank of colonel or above but otherwise	109140
meet the qualifications established by the department of	109141
defense/air force for general officer qualification.	109142

Sec. 5913.09. (A) The adjutant general is the custodian of	109143
all military and other adjutant general's department property,	109144
both real and personal, belonging to the state.	109145

(B) The adjutant general may make changes and improvements to	109146
military and other adjutant general's department property as the	109147
needs of the state and federal government and the exigencies of	109148
the service require. All improvements made upon that property	109149
belonging to the state, from moneys received either all or in part	109150
from the state or federal government, or both, become the property	109151
of the state, except as may be provided in an agreement and	109152
corresponding regulations by which the United States contributes	109153
to the cost of an improvement.	109154

(C)(1) In accordance with applicable state and federal law	109155
and regulations, the adjutant general, with the approval of the	109156
governor, may acquire by purchase lease, license, or otherwise,	109157
real and personal property necessary for the purposes of the	109158
department.	109159

(2) In accordance with applicable state and federal law and	109160
regulations, the adjutant general, with the approval of the	109161
attorney general, may enter into contracts for the construction,	109162
repair, renovation, maintenance, and operation of military or	109163
other adjutant general's department property.	109164

(3) In accordance with applicable state and federal law and	109165
regulations, the adjutant general, with the approval of the	109166
governor, may lease or exchange all or part of any military or	109167
other adjutant general's department property or grant easements or	109168
licenses, if the lease, exchange, easement, or license is	109169
advantageous to the state.	109170

(4) All real property of the adjutant general's department	109171
shall be sold in accordance with section 5911.10 of the Revised	109172
Code.	109173

(D)(1) Except as otherwise provided in this section, all	109174
income from any military or other adjutant general's department	109175
property of the state, not made a portion of the company, troop,	109176
battery, detachment, squadron, or other organization funds by	109177
regulations, shall be credited to the funds for the operation and	109178
maintenance of the Ohio organized militia, as the adjutant general	109179
directs, in accordance with applicable state and federal law and	109180
regulations and the agreements by which the United States	109181
contributes to the cost of operation and maintenance of the Ohio	109182
national guard.	109183

(2) There is hereby created in the state treasury the camp	109184
Perry/buckeye inn operations fund. The fund shall consist of all	109185
amounts received as revenue from the rental of facilities located	109186
at the camp Perry training site in Ottawa county and the buckeye	109187
inn at Rickenbacker air national guard base in Franklin county,	109188
and all amounts received from the use of the camp Perry training	109189
site and its facilities, including shooting ranges. The moneys in	109190
the fund shall be used to support the facility operations of the	109191
camp Perry clubhouse and the buckeye inn. Investment earnings of	109192
the fund shall be credited to the general revenue fund.	109193

Sec. 5919.20. There is hereby created in the state treasury	109194
the national guard service medal fund. The fund shall consist of	109195
all amounts received from the purchase of Ohio national guard	109196
service medals for eligible national guard service members as	109197
authorized by the general assembly. The moneys in the fund shall	109198
be used to purchase additional medals. Investment earnings of the	109199
fund shall be credited to the fund.	109200

Sec. 5919.36. There is hereby created in the state treasury	109201
the Ohio national guard facility maintenance fund. The fund shall	109202
consist of all amounts received from revenue from leases of sites,	109203
including towers and wells, and other revenue received from	109204
reimbursements for services related to Ohio national guard	109205
programs. The moneys in the fund shall be used for service,	109206
maintenance, and repair expenses, and for equipment purchases for	109207
programs and facilities of the adjutant general. Investment	109208
earnings of the fund shall be credited to the general revenue	109209
fund.	109210

Sec. 6103.01. As used in this chapter:

109211

(A) "Public water supply facilities," "water supply	109212
facilities," "water supply improvement," or "improvement" means,	109213
without limiting the generality of those terms, water wells and	109214
well fields, springs, lakes, rivers, streams, or other sources of	109215
water supply, intakes, pumping stations and equipment, treatment,	109216
filtration, or purification plants, force and distribution lines	109217
or mains, cisterns, reservoirs, storage facilities, necessary	109218
equipment for fire protection, other related structures,	109219
equipment, and furnishings, and real estate and interests in real	109220
estate, necessary or useful in the proper development of a water	109221
supply for domestic or other purposes and its proper distribution.	109222

(B) "Current operating expenses," "debt charges," "permanent	109223
improvement," "public obligations," and "subdivision" have the	109224
same meanings as in section 133.01 of the Revised Code.	109225

(C) "Construct," "construction," or "constructing" means	109226
construction, reconstruction, enlargement, extension, improvement,	109227
renovation, repair, and replacement of water supply facilities,	109228
but does not include repairs, replacements, or similar actions	109229
that do not constitute and qualify as permanent improvements.	109230

(D) "Maintain," "maintaining," or "maintenance" means	109231
repairs, replacements, and similar actions that constitute and are	109232
payable as current operating expenses and that are required to	109233
restore water supply facilities to, or to continue water supply	109234
facilities in, good order and working condition, but does not	109235
include construction of permanent improvements.	109236

(E) "Public agency" means a state and any agency or	109237
subdivision of a state, including a county, a municipal	109238
corporation, or other subdivision.	109239

(F) "County sanitary engineer" means either of the following:

109240

(1) The registered professional engineer employed or	109241
appointed by the board of county commissioners to be the county	109242
sanitary engineer as provided in section 6117.01 of the Revised	109243
Code;	109244

(2) The county engineer, if, for as long as and to the extent	109245
that engineer by agreement entered into under section 315.14 of	109246
the Revised Code is retained to discharge the duties of a county	109247
sanitary engineer under this chapter.	109248

(G) "Homestead exemption" means the reduction of taxes	109249
allowed under division (A) of section 323.152 of the Revised Code.	109250

(H) "Low- and moderate-income persons" has the same meaning	109251
as in section 175.01 of the Revised Code.	109252

Sec. 6103.02. (A) For the purpose of preserving and	109253
promoting the public health and welfare, a board of county	109254
commissioners may acquire, construct, maintain, and operate any	109255
public water supply facilities within its county for one or more	109256
sewer districts and may provide for their protection and prevent	109257
their pollution and unnecessary waste. The board may negotiate and	109258
enter into a contract with any public agency or any person for the	109259
management, maintenance, operation, and repair of the facilities	109260
on behalf of the county, upon the terms and conditions as may be	109261
agreed upon with the agency or person and as may be determined by	109262
the board to be in the interests of the county. By contract with	109263
any public agency or any person operating public water supply	109264
facilities within or without its county, the board also may	109265
provide a supply of water to a sewer district from the facilities	109266
of the public agency or person.	109267

(B) The county sanitary engineer or sanitary engineering	109268
department, in addition to other assigned duties, shall assist the	109269
board in the performance of its duties under this chapter and	109270
shall be charged with other duties and services in relation to	109271
the board's duties as the board prescribes.	109272

(C) The board may adopt, publish, administer, and enforce	109273
rules for the construction, maintenance, protection, and use of	109274
county-owned or county-operated public water supply facilities	109275
outside municipal corporations and of public water supply	109276
facilities within municipal corporations that are owned or	109277
operated by the county or that are supplied with water from water	109278
supply facilities owned or operated by the county, including, but	109279
not limited to, rules for the establishment and use of any	109280
connections, the termination in accordance with reasonable	109281
procedures of water service for nonpayment of county water rates	109282
and charges, and the establishment and use of security deposits to	109283
the extent considered necessary to ensure the payment of county	109284
water rates and charges. The rules shall not be inconsistent with	109285
the laws of the state or any applicable rules of the director of	109286
environmental protection.	109287

(D) No public water supply facilities shall be constructed in	109288
any county outside municipal corporations by any person, except	109289
for the purpose of supplying water to those municipal	109290
corporations, until the plans and specifications for the	109291
facilities have been approved by the board. Construction shall be	109292
done under the supervision of the county sanitary engineer. Any	109293
person constructing public water supply facilities shall pay to	109294
the county all expenses incurred by the board in connection with	109295
the construction.	109296

(E) The county sanitary engineer or the county sanitary	109297
engineer's authorized assistants or agents, when properly	109298
identified in writing or otherwise and after written notice is	109299
delivered to the owner at least five days in advance or mailed at	109300
least five days in advance by first class or certified mail to the	109301
owner's tax mailing address, may enter upon any public or private	109302
property for the purpose of making, and may make, surveys or	109303
inspections necessary for the design or evaluation of county	109304
public water supply facilities. This entry is not a trespass and	109305
is not to be considered an entry in connection with any	109306
appropriation of property proceedings under sections 163.01 to	109307
163.22 of the Revised Code that may be pending. No person or	109308
public agency shall forbid the county sanitary engineer or the	109309
county sanitary engineer's authorized assistants or agents to	109310
enter, or interfere with their entry, upon the property for the	109311
purpose of making the surveys or inspections. If actual damage is	109312
done to property by the making of the surveys or inspections, the	109313
board shall pay the reasonable value of the damage to the property	109314
owner, and the cost shall be included in the cost of the	109315
facilities and may be included in any special assessments levied	109316
and collected to pay that cost.	109317

(F) The board shall fix reasonable rates, including penalties	109318
for late payments, for water supplied to public agencies and	109319
persons when the source of supply or the facilities for its	109320
distribution are owned or operated by the county and may change	109321
the rates from time to time as it considers advisable. When the	109322
source of the water supply to be used by the county is owned by	109323
another public agency or person, the schedule of rates to be	109324
charged by the public agency or person shall be approved by the	109325
board at the time it enters into a contract for the use of water	109326
from the public agency or person. ~~When~~	109327

When the distribution facilities are owned by the county, the	109328
board also may fix reasonable charges to be collected for the	109329
privilege of connecting to the distribution facilities and may	109330
require that, prior to the connection, the charges be paid in full	109331
or, if determined by the board to be equitable in a resolution	109332
relating to the payment of the charges, may require their payment	109333
in installments, as considered adequate by the board, at the	109334
times, in the amounts, and with the security, carrying charges,	109335
and penalties as may be determined by the board in that resolution	109336
to be fair and appropriate. No public agency or person shall be	109337
permitted to connect to those facilities until the charges have	109338
been paid in full or provision for their payment in installments	109339
has been made. If the connection charges are to be paid in	109340
installments, the board shall certify, to the county auditor,	109341
information sufficient to identify each parcel of property served	109342
by a connection and, with respect to each parcel, the total of the	109343
charges to be paid in installments, the amount of each	109344
installment, and the total number of installments to be paid. The	109345
county auditor shall record and maintain the information so	109346
supplied in the waterworks record provided for in section 6103.16	109347
of the Revised Code until the connection charges are paid in full.	109348
The board may include amounts attributable to connection charges	109349
being paid in installments in its billings of rates and other	109350
charges for water supplied. In addition, the board may consider	109351
payments made to a school district under section 6103.25 of the	109352
Revised Code when the board establishes rates and other charges	109353
for water supplied.	109354

A board may establish discounted rates or charges or may	109355
establish another mechanism for providing a reduction in rates or	109356
charges for persons who are sixty-five years of age or older. The	109357
board shall establish eligibility requirements for such discounted	109358
or reduced rates or charges, including a requirement that a person	109359
be eligible for the homestead exemption or qualify as a low- and	109360
moderate-income person.	109361

(G) When any rates or charges are not paid when due, the	109362
board may do any or all of the following:	109363

(1) Certify the unpaid rates or charges, together with any	109364
penalties, to the county auditor. The county auditor shall place	109365
the certified amount upon the real property tax list and duplicate	109366
against the property served by the connection. The certified	109367
amount shall be a lien on the property from the date placed on the	109368
real property tax list and duplicate and shall be collected in the	109369
same manner as taxes, except that, notwithstanding section 323.15	109370
of the Revised Code, a county treasurer shall accept a payment in	109371
that amount when separately tendered as payment for the full	109372
amount of the unpaid rates or charges and associated penalties.	109373
The lien shall be released immediately upon payment in full of the	109374
certified amount.	109375

(2) Collect the unpaid rates or charges, together with any	109376
penalties, by actions at law in the name of the county from an	109377
owner, tenant, or other person or public agency that is liable for	109378
the payment of the rates or charges;	109379

(3) Terminate, in accordance with established rules, the	109380
water service to the particular property unless and until the	109381
unpaid rates or charges, together with any penalties, are paid in	109382
full;	109383

(4) Apply, to the extent required, any security deposit made	109384
in accordance with established rules to the payment of the unpaid	109385
rates and charges, together with any penalties, for water service	109386
to the particular property.	109387

All moneys collected as rates, charges, or penalties fixed or	109388
established in accordance with division (F) of this section for	109389
water supply purposes in or for any sewer district shall be paid	109390
to the county treasurer and kept in a separate and distinct water	109391
fund established by the board to the credit of the district.	109392

Each board that fixes water rates or charges may render	109393
estimated bills periodically, provided that at least quarterly it	109394
shall schedule an actual reading of each customer's meter so as to	109395
render a bill for the actual amount shown by the meter reading to	109396
be due, with credit for prior payments of any estimated bills	109397
submitted for any part of the billing period, except that	109398
estimated bills may be rendered if a customer's meter is not	109399
accessible for a timely reading or if the circumstances preclude a	109400
scheduled reading. Each board also shall establish procedures	109401
providing a fair and reasonable opportunity for the resolution of	109402
billing disputes.	109403

When property to which water service is provided is about to	109404
be sold, any party to the sale or an agent of a party may request	109405
the board to have the meter at that property read and to render,	109406
within ten days following the date on which the request is made, a	109407
final bill for all outstanding rates and charges for water	109408
service. The request shall be made at least fourteen days prior	109409
to the transfer of the title of the property.	109410

At any time prior to a certification under division (G)(1) of	109411
this section, the board shall accept any partial payment of unpaid	109412
water rates or charges in the amount of ten dollars or more.	109413

Except as otherwise provided in any proceedings authorizing	109414
or providing for the security for and payment of any public	109415
obligations, or in any indenture or trust or other agreement	109416
securing public obligations, moneys in the water fund shall be	109417
applied first to the payment of the cost of the management,	109418
maintenance, and operation of the water supply facilities of, or	109419
used or operated for, the sewer district, which cost may include	109420
the county's share of management, maintenance, and operation costs	109421
under cooperative contracts for the acquisition, construction, or	109422
use of water supply facilities and, in accordance with a cost	109423
allocation plan adopted under division (H) of this section,	109424
payment of all allowable direct and indirect costs of the	109425
district, the county sanitary engineer or sanitary engineering	109426
department, or a federal or state grant program, incurred for the	109427
purposes of this chapter, and shall be applied second to the	109428
payment of debt charges payable on any outstanding public	109429
obligations issued or incurred for the acquisition or construction	109430
of water supply facilities for or serving the district, or for the	109431
funding of a bond retirement or other fund established for the	109432
payment of or security for the obligations. Any surplus remaining	109433
may be applied to the acquisition or construction of those	109434
facilities or for the payment of contributions to be made, or	109435
costs incurred, for the acquisition or construction of those	109436
facilities under cooperative contracts. Moneys in the water fund	109437
shall not be expended other than for the use and benefit of the	109438
district.	109439

(H) A board of county commissioners may adopt a cost	109440
allocation plan that identifies, accumulates, and distributes	109441
allowable direct and indirect costs that may be paid from the	109442
water fund of the sewer district created pursuant to division (G)	109443
of this section, and that prescribes methods for allocating those	109444
costs. The plan shall authorize payment from the fund of only	109445
those costs incurred by the district, the county sanitary engineer	109446
or sanitary engineering department, or a federal or state grant	109447
program, and those costs incurred by the general and other funds	109448
of the county for a common or joint purpose, that are necessary	109449
and reasonable for the proper and efficient administration of the	109450
district under this chapter. The plan shall not authorize payment	109451
from the fund of any general government expense required to carry	109452
out the overall governmental responsibilities of a county. The	109453
plan shall conform to United States office of management and	109454
budget Circular A-87, "Cost Principles for State, Local, and	109455
Indian Tribal Governments," published May 17, 1995.	109456

Sec. 6109.21. (A) Except as provided in divisions (D) and	109457
(E) of this section, on and after January 1, 1994, no person shall	109458
operate or maintain a public water system in this state without a	109459
license issued by the director of environmental protection. A	109460
person who operates or maintains a public water system on January	109461
1, 1994, shall obtain an initial license under this section in	109462
accordance with the following schedule:	109463

(1) If the public water system is a community water system,	109464
not later than January 31, 1994;	109465

(2) If the public water system is not a community water	109466
system and serves a nontransient population, not later than	109467
January 31, 1994;	109468

(3) If the public water system is not a community water	109469
system and serves a transient population, not later than January	109470
31, 1995.	109471

A person proposing to operate or maintain a new public water	109472
system after January 1, 1994, in addition to complying with	109473
section 6109.07 of the Revised Code and rules adopted under it,	109474
shall submit an application for an initial license under this	109475
section to the director prior to commencing operation of the	109476
system.	109477

A license or license renewal issued under this section shall	109478
be renewed annually. Such a license or license renewal shall	109479
expire on the thirtieth day of January in the year following its	109480
issuance. A license holder that proposes to continue operating the	109481
public water system for which the license or license renewal was	109482
issued shall apply for a license renewal at least thirty days	109483
prior to that expiration date.	109484

The director shall adopt, and may amend and rescind, rules in	109485
accordance with Chapter 119. of the Revised Code establishing	109486
procedures governing and information to be included on	109487
applications for licenses and license renewals under this section.	109488
Through June 30, ~~2010~~2012, each application shall be accompanied	109489
by the appropriate fee established under division (M) of section	109490
3745.11 of the Revised Code, provided that an applicant for an	109491
initial license who is proposing to operate or maintain a new	109492
public water system after January 1, 1994, shall submit a fee that	109493
equals a prorated amount of the appropriate fee established under	109494
that division for the remainder of the licensing year.	109495

(B) Not later than thirty days after receiving a completed	109496
application and the appropriate license fee for an initial license	109497
under division (A) of this section, the director shall issue the	109498
license for the public water system. Not later than thirty days	109499
after receiving a completed application and the appropriate	109500
license fee for a license renewal under division (A) of this	109501
section, the director shall do one of the following:	109502

(1) Issue the license renewal for the public water system;

109503

(2) Issue the license renewal subject to terms and conditions	109504
that the director determines are necessary to ensure compliance	109505
with this chapter and rules adopted under it;	109506

(3) Deny the license renewal if the director finds that the	109507
public water system was not operated in substantial compliance	109508
with this chapter and rules adopted under it.	109509

(C) The director may suspend or revoke a license or license	109510
renewal issued under this section if the director finds that the	109511
public water system was not operated in substantial compliance	109512
with this chapter and rules adopted under it. The director shall	109513
adopt, and may amend and rescind, rules in accordance with Chapter	109514
119. of the Revised Code governing such suspensions and	109515
revocations.	109516

(D)(1) As used in division (D) of this section, "church"	109517
means a fellowship of believers, congregation, society,	109518
corporation, convention, or association that is formed primarily	109519
or exclusively for religious purposes and that is not formed or	109520
operated for the private profit of any person.	109521

(2) This section does not apply to a church that operates or	109522
maintains a public water system solely to provide water for that	109523
church or for a campground that is owned by the church and	109524
operated primarily or exclusively for members of the church and	109525
their families. A church that, on or before March 5, 1996, has	109526
obtained a license under this section for such a public water	109527
system need not obtain a license renewal under this section.	109528

(E) This section does not apply to any public or nonpublic	109529
school that meets minimum standards of the state board of	109530
education that operates or maintains a public water system solely	109531
to provide water for that school.	109532

(F) The environmental protection agency shall collect well	109533
log filing fees on behalf of the division of soil and water	109534
resources in the department of natural resources in accordance	109535
with section 1521.05 of the Revised Code and rules adopted under	109536
it. The fees shall be submitted to the division quarterly as	109537
provided in those rules.	109538

Sec. 6111.044. Upon receipt of an application for an	109539
injection well drilling permit, an injection well operating	109540
permit, a renewal of an injection well operating permit, or a	109541
modification of an injection well drilling permit, operating	109542
permit, or renewal of an operating permit, the director of	109543
environmental protection shall determine whether the application	109544
is complete and demonstrates that the activities for which the	109545
permit, renewal permit, or modification is requested will comply	109546
with the Federal Water Pollution Control Act and regulations	109547
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	109548
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	109549
under it; and this chapter and the rules adopted under it. If the	109550
application demonstrates that the proposed activities will not	109551
comply or will pose an unreasonable risk of inducing seismic	109552
activity, inducing geologic fracturing, or contamination of an	109553
underground source of drinking water, the director shall deny the	109554
application. If the application does not make the required	109555
demonstrations, the director shall return it to the applicant with	109556
an indication of those matters about which a required	109557
demonstration was not made. If the director determines that the	109558
application makes the required demonstrations, the director shall	109559
transmit copies of the application and all of the accompanying	109560
maps, data, samples, and information to the chief of the division	109561
of mineral resources management, the chief of the division of	109562
geological survey, and the chief of the division of soil and water	109563
resources in the department of natural resources.	109564

The chief of the division of geological survey shall comment	109565
upon the application if the chief determines that the proposed	109566
well or injection will present an unreasonable risk of loss or	109567
damage to valuable mineral resources. If the chief submits	109568
comments on the application, those comments shall be accompanied	109569
by an evaluation of the geological factors upon which the comments	109570
are based, including fractures, faults, earthquake potential, and	109571
the porosity and permeability of the injection zone and confining	109572
zone, and by the documentation supporting the evaluation. The	109573
director shall take into consideration the chief's comments, and	109574
the accompanying evaluation of geologic factors and supporting	109575
documentation, when considering the application. The director	109576
shall provide written notice to the chief of the director's	109577
decision on the application and, if the chief's comments are not	109578
included in the permit, renewal permit, or modification, of the	109579
director's rationale for not including them.	109580

The chief of the division of mineral resources management	109581
shall comment upon the application if the chief determines that	109582
the proposed well or injection will present an unreasonable risk	109583
that waste or contamination of recoverable oil or gas in the earth	109584
will occur. If the chief submits comments on the application,	109585
those comments shall be accompanied by an evaluation of the oil or	109586
gas reserves that, in the best professional judgment of the chief,	109587
are recoverable and will be adversely affected by the proposed	109588
well or injection, and by the documentation supporting the	109589
evaluation. The director shall take into consideration the	109590
chief's comments, and the accompanying evaluation and supporting	109591
documentation, when considering the application. The director	109592
shall provide written notice to the chief of the director's	109593
decision on the application and, if the chief's comments are not	109594
included in the permit, renewal permit, or modification, of the	109595
director's rationale for not including them.	109596

The chief of the division of soil and water resources shall	109597
assist the director in determining whether all underground sources	109598
of drinking water in the area of review of the proposed well or	109599
injection have been identified and correctly delineated in the	109600
application. If the application fails to identify or correctly	109601
delineate an underground source of drinking water, the chief shall	109602
provide written notice of that fact to the director.	109603

The chief of the division of mineral resources management	109604
also shall review the application as follows:	109605

If the application concerns the drilling or conversion of a	109606
well or the injection into a well that is not or is not to be	109607
located within five thousand feet of the excavation and workings	109608
of a mine, the chief of the division of mineral resources	109609
management shall note upon the application that it has been	109610
examined by the division of mineral resources management, retain a	109611
copy of the application and map, and immediately return a copy of	109612
the application to the director.	109613

If the application concerns the drilling or conversion of a	109614
well or the injection into a well that is or is to be located	109615
within five thousand feet, but more than five hundred feet from	109616
the surface excavations and workings of a mine, the chief of the	109617
division of mineral resources management immediately shall notify	109618
the owner or lessee of the mine that the application has been	109619
filed and send to the owner or lessee a copy of the map	109620
accompanying the application setting forth the location of the	109621
well. The chief of the division of mineral resources management	109622
shall note on the application that the notice has been sent to the	109623
owner or lessee of the mine, retain a copy of the application and	109624
map, and immediately return a copy of the application to the	109625
director with the chief's notation on it.	109626

If the application concerns the drilling or conversion of a	109627
well or the injection into a well that is or is to be located	109628
within five thousand feet of the underground excavations and	109629
workings of a mine or within five hundred feet of the surface	109630
excavations and workings of a mine, the chief of the division of	109631
mineral resources management immediately shall notify the owner or	109632
lessee of the mine that the application has been filed and send to	109633
the owner or lessee a copy of the map accompanying the application	109634
setting forth the location of the well. If the owner or lessee	109635
objects to the application, the owner or lessee shall notify the	109636
chief of the division of mineral resources management of the	109637
objection, giving the reasons, within six days after the receipt	109638
of the notice. If the chief of the division of mineral resources	109639
management receives no objections from the owner or lessee of the	109640
mine within ten days after the receipt of the notice by the owner	109641
or lessee, or if in the opinion of the chief of the division of	109642
mineral resources management the objections offered by the owner	109643
or lessee are not sufficiently ~~well-founded~~well founded, the	109644
chief shall retain a copy of the application and map and return a	109645
copy of the application to the director with any applicable notes	109646
concerning it.	109647

If the chief of the division of mineral resources management	109648
receives an objection from the owner or lessee of the mine as to	109649
the application, within ten days after receipt of the notice by	109650
the owner or lessee, and if in the opinion of the chief the	109651
objection is ~~well-founded~~well founded, the chief shall disapprove	109652
the application and immediately return it to the director together	109653
with the chief's reasons for the disapproval. The director	109654
promptly shall notify the applicant for the permit, renewal	109655
permit, or modification of the disapproval. The applicant may	109656
appeal the disapproval of the application by the chief of the	109657
division of mineral resources management to the reclamation	109658
commission created under section 1513.05 of the Revised Code, and	109659
the commission shall hear the appeal in accordance with section	109660
1513.13 of the Revised Code. The appeal shall be filed within	109661
thirty days from the date the applicant receives notice of the	109662
disapproval. No comments concerning or disapproval of an	109663
application shall be delayed by the chief of the division of	109664
mineral resources management for more than fifteen days from the	109665
date of sending of notice to the mine owner or lessee as required	109666
by this section.	109667

The director shall not approve an application for an	109668
injection well drilling permit, an injection well operating	109669
permit, a renewal of an injection well operating permit, or a	109670
modification of an injection well drilling permit, operating	109671
permit, or renewal of an operating permit for a well that is or is	109672
to be located within three hundred feet of any opening of any mine	109673
used as a means of ingress, egress, or ventilation for persons	109674
employed in the mine, nor within one hundred feet of any building	109675
or flammable structure connected with the mine and actually used	109676
as a part of the operating equipment of the mine, unless the chief	109677
of the division of mineral resources management determines that	109678
life or property will not be endangered by drilling and operating	109679
the well in that location.	109680

Upon review by the chief of the division of mineral resources	109681
management, the chief of the division of geological survey, and	109682
the chief of the division of soil and water resources, and if the	109683
chief of the division of mineral resources management has not	109684
disapproved the application, the director shall issue a permit,	109685
renewal permit, or modification with any terms and conditions that	109686
may be necessary to comply with the Federal Water Pollution	109687
Control Act and regulations adopted under it; the "Safe Drinking	109688
Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as amended,	109689
and regulations adopted under it; and this chapter and the rules	109690
adopted under it. The director shall not issue a permit, renewal	109691
permit, or modification to an applicant if the applicant or	109692
persons associated with the applicant have engaged in or are	109693
engaging in a substantial violation of this chapter that is	109694
endangering or may endanger human health or the environment or if,	109695
in the case of an applicant for an injection well drilling permit,	109696
the applicant, at the time of applying for the permit, did not	109697
hold an injection well operating permit or renewal of an injection	109698
well drilling permit and failed to demonstrate sufficient	109699
expertise and competency to operate the well in compliance with	109700
the applicable provisions of this chapter.	109701

If the director receives a disapproval from the chief of the	109702
division of mineral resources management regarding an application	109703
for an injection well drilling or operating permit, renewal	109704
permit, or modification, if required, the director shall issue an	109705
order denying the application.	109706

The director need not issue a proposed action under section	109707
3745.07 of the Revised Code or hold an adjudication hearing under	109708
that section and Chapter 119. of the Revised Code before issuing	109709
or denying a permit, renewal permit, or modification of a permit	109710
or renewal permit. Before issuing or renewing a permit to drill or	109711
operate a class I injection well or a modification of it, the	109712
director shall propose the permit, renewal permit, or modification	109713
in draft form and shall hold a public hearing to receive public	109714
comment on the draft permit, renewal permit, or modification. At	109715
least fifteen days before the public hearing on a draft permit,	109716
renewal permit, or modification, the director shall publish notice	109717
of the date, time, and location of the public hearing in at least	109718
one newspaper of general circulation serving the area where the	109719
well is or is to be located. The proposing of such a draft permit,	109720
renewal permit, or modification does not constitute the issuance	109721
of a proposed action under section 3745.07 of the Revised Code,	109722
and the holding of the public hearing on such a draft permit,	109723
renewal permit, or modification does not constitute the holding of	109724
an adjudication hearing under that section and Chapter 119. of the	109725
Revised Code. Appeals of orders other than orders of the chief of	109726
the division of mineral resources management shall be taken under	109727
sections 3745.04 to 3745.08 of the Revised Code.	109728

The director may order that an injection well drilling permit	109729
or an injection well operating permit or renewal permit be	109730
suspended and that activities under it cease after determining	109731
that those activities are occurring in violation of law, rule,	109732
order, or term or condition of the permit. Upon service of a copy	109733
of the order upon the permit holder or the permit holder's	109734
authorized agent or assignee, the permit and activities under it	109735
shall be suspended immediately without prior hearing and shall	109736
remain suspended until the violation is corrected and the order of	109737
suspension is lifted. If a violation is the second within a	109738
one-year period, the director, after a hearing, may revoke the	109739
permit.	109740

The director may order that an injection well drilling permit	109741
or an injection well operating permit or renewal permit be	109742
suspended and that activities under it cease if the director has	109743
reasonable cause to believe that the permit would not have been	109744
issued if the information available at the time of suspension had	109745
been available at the time a determination was made by one of the	109746
agencies acting under authority of this section. Upon service of a	109747
copy of the order upon the permit holder or the permit holder's	109748
authorized agent or assignee, the permit and activities under it	109749
shall be suspended immediately without prior hearing, but a permit	109750
may not be suspended for that reason without prior hearing unless	109751
immediate suspension is necessary to prevent waste or	109752
contamination of oil or gas, comply with the Federal Water	109753
Pollution Control Act and regulations adopted under it; the "Safe	109754
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	109755
amended, and regulations adopted under it; and this chapter and	109756
the rules adopted under it, or prevent damage to valuable mineral	109757
resources, prevent contamination of an underground source of	109758
drinking water, or prevent danger to human life or health. If	109759
after a hearing the director determines that the permit would not	109760
have been issued if the information available at the time of the	109761
hearing had been available at the time a determination was made by	109762
one of the agencies acting under authority of this section, the	109763
director shall revoke the permit.	109764

When a permit has been revoked, the permit holder or other	109765
person responsible for it immediately shall plug the well in the	109766
manner required by the director.	109767

The director may issue orders to prevent or require cessation	109768
of violations of this section, section 6111.043, 6111.045,	109769
6111.046, or 6111.047 of the Revised Code, rules adopted under any	109770
of those sections, and terms or conditions of permits issued under	109771
any of them. The orders may require the elimination of conditions	109772
caused by the violation.	109773

Sec. 6117.01. (A) As used in this chapter:

109774

(1) "Sanitary facilities" means sanitary sewers, force mains,	109775
lift or pumping stations, and facilities for the treatment,	109776
disposal, impoundment, or storage of wastes; equipment and	109777
furnishings; and all required appurtenances and necessary real	109778
estate and interests in real estate.	109779

(2) "Drainage" or "waters" means flows from rainfall or	109780
otherwise produced by, or resulting from, the elements, storm	109781
water discharges and releases or migrations of waters from	109782
properties, accumulations, flows, and overflows of water,	109783
including accelerated flows and runoffs, flooding and threats of	109784
flooding of properties and structures, and other surface and	109785
subsurface drainage.	109786

(3) "Drainage facilities" means storm sewers, force mains,	109787
pumping stations, and facilities for the treatment, disposal,	109788
impoundment, retention, control, or storage of waters;	109789
improvements of or for any channel, ditch, drain, floodway, or	109790
watercourse, including location, construction, reconstruction,	109791
reconditioning, widening, deepening, cleaning, removal of	109792
obstructions, straightening, boxing, culverting, tiling, filling,	109793
walling, arching, or change in course, location, or terminus;	109794
improvements of or for a river, creek, or run, including	109795
reinforcement of banks, enclosing, deepening, widening,	109796
straightening, removal of obstructions, or change in course,	109797
location, or terminus; facilities for the protection of lands from	109798
the overflow of water, including a levee, wall, embankment, jetty,	109799
dike, dam, sluice, revetment, reservoir, retention or holding	109800
basin, control gate, or breakwater; facilities for controlled	109801
drainage, regulation of stream flow, and protection of an outlet;	109802
the vacation of a ditch or drain; equipment and furnishings; and	109803
all required appurtenances and necessary real estate and interests	109804
in real estate.	109805

(4) "County sanitary engineer" means either of the following:

109806

(a) The registered professional engineer employed or	109807
appointed by the board of county commissioners to be the county	109808
sanitary engineer as provided in this section3;	109809

(b) The county engineer, if, for as long as and to the extent	109810
that engineer by agreement entered into under section 315.14 of	109811
the Revised Code is retained to discharge duties of a county	109812
sanitary engineer under this chapter.	109813

(5) "Current operating expenses," "debt charges," "permanent	109814
improvement," "public obligations," and "subdivision" have the	109815
same meanings as in section 133.01 of the Revised Code.	109816

(6) "Construct," "construction," or "constructing" means	109817
construction, reconstruction, enlargement, extension, improvement,	109818
renovation, repair, and replacement of sanitary or drainage	109819
facilities or of prevention or replacement facilities, but does	109820
not include any repairs, replacements, or similar actions that do	109821
not constitute and qualify as permanent improvements.	109822

(7) "Maintain," "maintaining," or "maintenance" means	109823
repairs, replacements, and similar actions that constitute and are	109824
payable as current operating expenses and that are required to	109825
restore sanitary or drainage facilities or prevention or	109826
replacement facilities to, or to continue sanitary or drainage	109827
facilities or prevention or replacement facilities in, good order	109828
and working condition, but does not include construction of	109829
permanent improvements.	109830

(8) "Public agency" means a state and any agency or	109831
subdivision of a state, including a county, a municipal	109832
corporation, or other subdivision.	109833

(9) "Combined sewer" means a sewer system that is designed to	109834
collect and convey sewage, including domestic, commercial, and	109835
industrial wastewater, and storm water through a single-pipe	109836
system to a treatment works or combined sewer overflow outfall	109837
approved by the director of environmental protection.	109838

(10) "Prevention or replacement facilities" means vegetated	109839
swales or median strips, permeable pavement, trees and tree boxes,	109840
rain barrels and cisterns, rain gardens and filtration planters,	109841
vegetated roofs, wetlands, riparian buffers, and practices and	109842
structures that use or mimic natural processes to filter or reuse	109843
storm water.	109844

(11) "Homestead exemption" means the reduction of taxes	109845
allowed under division (A) of section 323.152 of the Revised Code.	109846

(12) "Low- and moderate-income person" has the same meaning	109847
as in section 175.01 of the Revised Code.	109848

(B)(1) For the purpose of preserving and promoting the public	109849
health and welfare, a board of county commissioners may lay out,	109850
establish, consolidate, or otherwise modify the boundaries of, and	109851
maintain, one or more sewer districts within the county and	109852
outside municipal corporations and may have a registered	109853
professional engineer make the surveys necessary for the	109854
determination of the proper boundaries of each district, which	109855
shall be designated by an appropriate name or number. The board	109856
may acquire, construct, maintain, and operate within any district	109857
sanitary or drainage facilities that it determines to be necessary	109858
or appropriate for the collection of sewage and other wastes	109859
originating in or entering the district, to comply with the	109860
provisions of a contract entered into for the purposes described	109861
in sections 6117.41 to 6117.44 of the Revised Code and pursuant to	109862
those sections or other applicable provisions of law, or for the	109863
collection, control, or abatement of waters originating or	109864
accumulating in, or flowing in, into, or through, the district,	109865
and other sanitary or drainage facilities, within or outside of	109866
the district, that it determines to be necessary or appropriate to	109867
conduct the wastes and waters to a proper outlet and to provide	109868
for their proper treatment, disposal, and disposition. The board	109869
may provide for the protection of the sanitary and drainage	109870
facilities and may negotiate and enter into a contract with any	109871
public agency or person for the management, maintenance,	109872
operation, and repair of any of the facilities on behalf of the	109873
county upon the terms and conditions that may be agreed upon with	109874
the agency or person and that may be determined by the board to be	109875
in the best interests of the county. By contract with any public	109876
agency or person operating sanitary or drainage facilities within	109877
or outside of the county, the board may provide a proper outlet	109878
for any of the wastes and waters and for their proper treatment,	109879
disposal, and disposition.	109880

(2) For purposes of preventing storm water from entering a	109881
combined sewer and causing an overflow or an inflow to a sanitary	109882
sewer, the board may acquire, design, construct, operate, repair,	109883
maintain, and provide for a project or program that separates	109884
storm water from a combined sewer or for a prevention or	109885
replacement facility that prevents or minimizes storm water from	109886
entering a combined sewer or a sanitary sewer.	109887

(C) The board of county commissioners may employ a registered	109888
professional engineer to be the county sanitary engineer for the	109889
time and on the terms it considers best and may authorize the	109890
county sanitary engineer to employ necessary assistants upon the	109891
terms fixed by the board. Prior to the initial assignment of	109892
drainage facilities duties to the county sanitary engineer, if the	109893
county sanitary engineer is not the county engineer, the board	109894
first shall offer to enter into an agreement with the county	109895
engineer pursuant to section 315.14 of the Revised Code for	109896
assistance in the performance of those duties of the board	109897
pertaining to drainage facilities, and the county engineer shall	109898
accept or reject the offer within thirty days after the date the	109899
offer is made.	109900

The board may create and maintain a sanitary engineering	109901
department, which shall be under its supervision and which shall	109902
be headed by the county sanitary engineer, for the purpose of	109903
aiding it in the performance of its duties under this chapter and	109904
Chapter 6103. of the Revised Code or its other duties regarding	109905
sanitation, drainage, and water supply provided by law. The board	109906
shall provide suitable facilities for the use of the department	109907
and shall provide for and pay the compensation of the county	109908
sanitary engineer and all authorized necessary expenses of the	109909
county sanitary engineer and the sanitary engineering department.	109910
The county sanitary engineer, with the approval of the board, may	109911
appoint necessary assistants and clerks, and the compensation of	109912
those assistants and clerks shall be provided for and paid by the	109913
board.	109914

(D) The board of county commissioners may adopt, publish,	109915
administer, and enforce rules for the construction, maintenance,	109916
protection, and use of county-owned or county-operated sanitary	109917
and drainage facilities and prevention or replacement facilities	109918
outside municipal corporations, and of sanitary and drainage	109919
facilities and prevention or replacement facilities within	109920
municipal corporations that are owned or operated by the county	109921
or that discharge into sanitary or drainage facilities or	109922
prevention or replacement facilities owned or operated by the	109923
county, including, but not limited to, rules for the establishment	109924
and use of any connections, the termination in accordance with	109925
reasonable procedures of sanitary service for the nonpayment of	109926
county sanitary rates and charges and, if so determined, the	109927
concurrent termination of any county water service for the	109928
nonpayment of those rates and charges, the termination in	109929
accordance with reasonable procedures of drainage service for the	109930
nonpayment of county drainage rates and charges, and the	109931
establishment and use of security deposits to the extent	109932
considered necessary to ensure the payment of county sanitary or	109933
drainage rates and charges. The rules shall not be inconsistent	109934
with the laws of this state or any applicable rules of the	109935
director of environmental protection.	109936

(E) No sanitary or drainage facilities or prevention or	109937
replacement facilities shall be constructed in any county outside	109938
municipal corporations by any person until the plans and	109939
specifications have been approved by the board of county	109940
commissioners, and any construction shall be done under the	109941
supervision of the county sanitary engineer. Not less than thirty	109942
days before the date drainage plans are submitted to the board for	109943
its approval, the plans shall be submitted to the county engineer.	109944
If the county engineer is of the opinion after review that the	109945
facilities will have a significant adverse effect on roads,	109946
culverts, bridges, or existing maintenance within the county, the	109947
county engineer may submit a written opinion to the board not	109948
later than thirty days after the date the plans are submitted to	109949
the county engineer. The board may take action relative to the	109950
drainage plans only after the earliest of receiving the written	109951
opinion of the county engineer, receiving a written waiver of	109952
submission of an opinion from the county engineer, or passage of	109953
thirty days from the date the plans are submitted to the county	109954
engineer. Any person constructing the facilities shall pay to the	109955
county all expenses incurred by the board in connection with the	109956
construction.	109957

(F) The county sanitary engineer or the county sanitary	109958
engineer's authorized assistants or agents, when properly	109959
identified in writing or otherwise and after written notice is	109960
delivered to the owner at least five days in advance or is mailed	109961
at least five days in advance by first class or certified mail to	109962
the owner's tax mailing address, may enter upon any public or	109963
private property for the purpose of making, and may make, surveys	109964
or inspections necessary for the laying out of sewer districts or	109965
the design or evaluation of county sanitary or drainage facilities	109966
or prevention or replacement facilities. This entry is not a	109967
trespass and is not to be considered an entry in connection with	109968
any appropriation of property proceedings under sections 163.01 to	109969
163.22 of the Revised Code that may be pending. No person or	109970
public agency shall forbid the county sanitary engineer or the	109971
county sanitary engineer's authorized assistants or agents to	109972
enter, or interfere with their entry, upon the property for that	109973
purpose or forbid or interfere with their making of surveys or	109974
inspections. If actual damage is done to property by the making of	109975
the surveys and inspections, the board shall pay the reasonable	109976
value of the damage to the property owner, and the cost shall be	109977
included in the cost of the facilities and may be included in any	109978
special assessments to be levied and collected to pay that cost.	109979

Sec. 6117.02. (A) The board of county commissioners shall	109980
fix reasonable rates, including penalties for late payments, for	109981
the use, or the availability for use, of the sanitary facilities	109982
of a sewer district to be paid by every person and public agency	109983
whose premises are served, or capable of being served, by a	109984
connection directly or indirectly to those facilities when those	109985
facilities are owned or operated by the county and may change the	109986
rates from time to time as it considers advisable. When the	109987
sanitary facilities to be used by the county are owned by another	109988
public agency or person, the schedule of rates to be charged by	109989
the public agency or person for the use of the facilities by the	109990
county, or the formula or other procedure for their determination,	109991
shall be approved by the board at the time it enters into a	109992
contract for that use.	109993

(B) The board also shall establish reasonable charges to be	109994
collected for the privilege of connecting to the sanitary	109995
facilities of the district, with the requirement that, prior to	109996
the connection, the charges shall be paid in full, or, if	109997
determined by the board to be equitable in a resolution relating	109998
to the payment of the charges, provision considered adequate by	109999
the board shall be made for their payment in installments at the	110000
times, in the amounts, and with the security, carrying charges,	110001
and penalties as may be found by the board in that resolution to	110002
be fair and appropriate. No public agency or person shall be	110003
permitted to connect to those facilities until the charges have	110004
been paid in full or provision for their payment in installments	110005
has been made. If the connection charges are to be paid in	110006
installments, the board shall certify to the county auditor	110007
information sufficient to identify each parcel of property served	110008
by a connection and, with respect to each parcel, the total of the	110009
charges to be paid in installments, the amount of each	110010
installment, and the total number of installments to be paid. The	110011
auditor shall record and maintain the information supplied in the	110012
sewer improvement record provided for in section 6117.33 of the	110013
Revised Code until the connection charges are paid in full. The	110014
board may include amounts attributable to connection charges being	110015
paid in installments in its billings of rates and charges for the	110016
use of sanitary facilities.	110017

(C) When any of the sanitary rates or charges are not paid	110018
when due, the board may do any or all of the following as it	110019
considers appropriate:	110020

(1) Certify the unpaid rates or charges, together with any	110021
penalties, to the county auditor, who shall place them upon the	110022
real property tax list and duplicate against the property served	110023
by the connection. The certified amount shall be a lien on the	110024
property from the date placed on the real property tax list and	110025
duplicate and shall be collected in the same manner as taxes,	110026
except that, notwithstanding section 323.15 of the Revised Code, a	110027
county treasurer shall accept a payment in that amount when	110028
separately tendered as payment for the full amount of the unpaid	110029
sanitary rates or charges and associated penalties. The lien shall	110030
be released immediately upon payment in full of the certified	110031
amount.	110032

(2) Collect the unpaid rates or charges, together with any	110033
penalties, by actions at law in the name of the county from an	110034
owner, tenant, or other person or public agency that is liable for	110035
the payment of the rates or charges;	110036

(3) Terminate, in accordance with established rules, the	110037
sanitary service to the particular property and, if so determined,	110038
any county water service to that property, unless and until the	110039
unpaid sanitary rates or charges, together with any penalties, are	110040
paid in full;	110041

(4) Apply, to the extent required, any security deposit made	110042
in accordance with established rules to the payment of sanitary	110043
rates and charges for service to the particular property.	110044

All moneys collected as sanitary rates, charges, or penalties	110045
fixed or established in accordance with divisions (A) and (B) of	110046
this section for any sewer district shall be paid to the county	110047
treasurer and kept in a separate and distinct sanitary fund	110048
established by the board to the credit of the district. Except as	110049
otherwise provided in any proceedings authorizing or providing for	110050
the security for and payment of any public obligations, or in any	110051
indenture or trust or other agreement securing public obligations,	110052
moneys in the sanitary fund shall be applied first to the payment	110053
of the cost of the management, maintenance, and operation of the	110054
sanitary facilities of, or used or operated for, the district,	110055
which cost may include the county's share of management,	110056
maintenance, and operation costs under cooperative contracts for	110057
the acquisition, construction, or use of sanitary facilities and,	110058
in accordance with a cost allocation plan adopted under division	110059
(E) of this section, payment of all allowable direct and indirect	110060
costs of the district, the county sanitary engineer or sanitary	110061
engineering department, or a federal or state grant program,	110062
incurred for sanitary purposes under this chapter, and shall be	110063
applied second to the payment of debt charges payable on any	110064
outstanding public obligations issued or incurred for the	110065
acquisition or construction of sanitary facilities for or serving	110066
the district, or for the funding of a bond retirement or other	110067
fund established for the payment of or security for the	110068
obligations. Any surplus remaining may be applied to the	110069
acquisition or construction of those facilities or for the payment	110070
of contributions to be made, or costs incurred, for the	110071
acquisition or construction of those facilities under cooperative	110072
contracts. Moneys in the sanitary fund shall not be expended other	110073
than for the use and benefit of the district.	110074

(D) The board may fix reasonable rates and charges, including	110075
connection charges and penalties for late payments, to be paid by	110076
any person or public agency owning or having possession or control	110077
of any properties that are connected with, capable of being served	110078
by, or otherwise served directly or indirectly by, drainage	110079
facilities owned or operated by or under the jurisdiction of the	110080
county, including, but not limited to, properties requiring, or	110081
lying within an area of the district requiring, in the judgment of	110082
the board, the collection, control, or abatement of waters	110083
originating or accumulating in, or flowing in, into, or through,	110084
the district, and may change those rates and charges from time to	110085
time as it considers advisable. In addition, the board may fix the	110086
rates and charges in order to pay the costs of complying with the	110087
requirements of phase II of the storm water program of the	110088
national pollutant discharge elimination system established in 40	110089
C.F.R. part 122.	110090

The rates and charges shall be payable periodically as	110091
determined by the board, except that any connection charges shall	110092
be paid in full in one payment, or, if determined by the board to	110093
be equitable in a resolution relating to the payment of those	110094
charges, provision considered adequate by the board shall be made	110095
for their payment in installments at the times, in the amounts,	110096
and with the security, carrying charges, and penalties as may be	110097
found by the board in that resolution to be fair and appropriate.	110098
The board may include amounts attributable to connection charges	110099
being paid in installments in its billings of rates and charges	110100
for the services provided by the drainage facilities. In the case	110101
of rates and charges that are fixed in order to pay the costs of	110102
complying with the requirements of phase II of the storm water	110103
program of the national pollutant discharge elimination system	110104
established in 40 C.F.R. part 122, the rates and charges may be	110105
paid annually or semiannually with real property taxes, provided	110106
that the board certifies to the county auditor information that is	110107
sufficient for the auditor to identify each parcel of property for	110108
which a rate or charge is levied and the amount of the rate or	110109
charge.	110110

When any of the drainage rates or charges are not paid when	110111
due, the board may do any or all of the following as it considers	110112
appropriate:	110113

(1) Certify the unpaid rates or charges, together with any	110114
penalties, to the county auditor, who shall place them upon the	110115
real property tax list and duplicate against the property to which	110116
the rates or charges apply. The certified amount shall be a lien	110117
on the property from the date placed on the real property tax list	110118
and duplicate and shall be collected in the same manner as taxes,	110119
except that notwithstanding section 323.15 of the Revised Code, a	110120
county treasurer shall accept a payment in that amount when	110121
separately tendered as payment for the full amount of the unpaid	110122
drainage rates or charges and associated penalties. The lien shall	110123
be released immediately upon payment in full of the certified	110124
amount.	110125

(2) Collect the unpaid rates or charges, together with any	110126
penalties, by actions at law in the name of the county from an	110127
owner, tenant, or other person or public agency that is liable for	110128
the payment of the rates or charges;	110129

(3) Terminate, in accordance with established rules, the	110130
drainage service for the particular property until the unpaid	110131
rates or charges, together with any penalties, are paid in full;	110132

(4) Apply, to the extent required, any security deposit made	110133
in accordance with established rules to the payment of drainage	110134
rates and charges applicable to the particular property.	110135

All moneys collected as drainage rates, charges, or penalties	110136
in or for any sewer district shall be paid to the county treasurer	110137
and kept in a separate and distinct drainage fund established by	110138
the board to the credit of the district. Except as otherwise	110139
provided in any proceedings authorizing or providing for the	110140
security for and payment of any public obligations, or in any	110141
indenture or trust or other agreement securing public obligations,	110142
moneys in the drainage fund shall be applied first to the payment	110143
of the cost of the management, maintenance, and operation of the	110144
drainage facilities of, or used or operated for, the district,	110145
which cost may include the county's share of management,	110146
maintenance, and operation costs under cooperative contracts for	110147
the acquisition, construction, or use of drainage facilities and,	110148
in accordance with a cost allocation plan adopted under division	110149
(E) of this section, payment of all allowable direct and indirect	110150
costs of the district, the county sanitary engineer or sanitary	110151
engineering department, or a federal or state grant program,	110152
incurred for drainage purposes under this chapter, and shall be	110153
applied second to the payment of debt charges payable on any	110154
outstanding public obligations issued or incurred for the	110155
acquisition or construction of drainage facilities for or serving	110156
the district, or for the funding of a bond retirement or other	110157
fund established for the payment of or security for the	110158
obligations. Any surplus remaining may be applied to the	110159
acquisition or construction of those facilities or for the payment	110160
of contributions to be made, or costs incurred, for the	110161
acquisition or construction of those facilities under cooperative	110162
contracts. Moneys in the drainage fund shall not be expended other	110163
than for the use and benefit of the district.	110164

(E) A board of county commissioners may adopt a cost	110165
allocation plan that identifies, accumulates, and distributes	110166
allowable direct and indirect costs that may be paid from each of	110167
the funds of the district created pursuant to divisions (C) and	110168
(D) of this section, and that prescribes methods for allocating	110169
those costs. The plan shall authorize payment from each of those	110170
funds of only those costs incurred by the district, the county	110171
sanitary engineer or sanitary engineering department, or a federal	110172
or state grant program, and those costs incurred by the general	110173
and other funds of the county for a common or joint purpose, that	110174
are necessary and reasonable for the proper and efficient	110175
administration of the district under this chapter and properly	110176
attributable to the particular fund of the district. The plan	110177
shall not authorize payment from either of the funds of any	110178
general government expense required to carry out the overall	110179
governmental responsibilities of a county. The plan shall conform	110180
to United States office of management and budget Circular A-87,	110181
"Cost Principles for State, Local, and Indian Tribal Governments,"	110182
published May 17, 1995.	110183

(F) A board of county commissioners may establish discounted	110184
rates or charges or may establish another mechanism for providing	110185
a reduction in rates or charges for persons who are sixty-five	110186
years of age or older. The board shall establish eligibility	110187
requirements for such discounted or reduced rates or charges,	110188
including a requirement that a person be eligible for the	110189
homestead exemption or qualify as a low- and moderate-income	110190
person.	110191

Sec. 6119.011. As used in ~~Chapter 6119. of the Revised Code~~	110192
this chapter:	110193

(A) "Court of common pleas" or "court" means, unless the	110194
context indicates a different meaning or intent, the court of	110195
common pleas in which the petition for the organization of a	110196
regional water and sewer district is filed.	110197

(B) "Political subdivision" includes departments, divisions,	110198
authorities, or other units of state governments, watershed	110199
districts, soil and water conservation districts, park districts,	110200
municipal corporations, counties, townships, and other political	110201
subdivisions, special water districts, including county and	110202
regional water and sewer districts, conservancy districts,	110203
sanitary districts, sewer districts or any other public	110204
corporation or agency having the authority to acquire, construct,	110205
or operate waste water or water management facilities, and all	110206
other governmental agencies now or hereafter granted the power of	110207
levying taxes or special assessments, the United States or any	110208
agency thereof, and any agency, commission, or authority	110209
established pursuant to an interstate compact or agreement.	110210

(C) "Person" means any natural person, firm, partnership,	110211
association, or corporation other than a political subdivision.	110212

(D) "Beneficial use" means a use of water, including the	110213
method of diversion, storage, transportation, treatment, and	110214
application, that is reasonable and consistent with the public	110215
interest in the proper utilization of water resources, including,	110216
but not limited to, domestic, agricultural, industrial, power,	110217
municipal, navigational, fish and wildlife, and recreational uses.	110218

(E) "Waters of the state" ~~mean~~means all streams, lakes,	110219
ponds, marshes, watercourses, waterways, wells, springs,	110220
irrigation systems, drainage systems, and all other bodies or	110221
accumulations of water, surface and underground, natural or	110222
artificial, ~~which~~that are situated wholly or partly within, or	110223
border upon, this state, or are within its jurisdiction, except	110224
those private waters ~~which~~that do not combine or effect a	110225
junction with natural surface or underground waters.	110226

(F) "Water resources" means all waters of the state occurring	110227
on the surface in natural or artificial channels, lakes,	110228
reservoirs, or impoundments, and in subsurface aquifers, ~~which~~	110229
that are available or may be made available to agricultural,	110230
commercial, recreational, public, and domestic users.	110231

(G) "Project" or "water resource project" means any waste	110232
water facility or water management facility acquired, constructed,	110233
or operated by or leased to a regional water and sewer district or	110234
to be acquired, constructed, or operated by or leased to a	110235
regional water and sewer district under ~~Chapter 6119. of the~~	110236
~~Revised Code~~this chapter, or acquired or constructed or to be	110237
acquired or constructed by a political subdivision with a portion	110238
of the cost thereof being paid from a loan or grant from the	110239
district under ~~Chapter 6119. of the Revised Code~~this chapter,	110240
including all buildings and facilities ~~which~~that the district	110241
considers necessary for the operation of the project, together	110242
with all property, rights, easements, and interest ~~which~~that may	110243
be required for the operation of the project. Any water resource	110244
project shall be determined by the board of trustees of the	110245
district to be consistent with any applicable comprehensive plan	110246
of water management approved by the director of natural resources	110247
~~of the state~~ or in the process of preparation by ~~such~~the director	110248
and to be not inconsistent with the standards set for the waters	110249
of the state affected thereby by the ~~water pollution control~~	110250
~~board of the state~~environmental protection agency. Any	110251
resolution of the board of trustees of the district providing for	110252
acquiring, operating, leasing, or constructing such projects or	110253
for making a loan or grant for such projects shall include a	110254
finding by the board of trustees of the district that ~~such~~those	110255
determinations have been made.	110256

(H) "Pollution" means the placing of any noxious or	110257
deleterious substances in any waters of the state or affecting the	110258
properties of any waters of the state in a manner ~~which~~that	110259
renders ~~such~~those waters harmful or inimical to the public	110260
health, or to animal or aquatic life, or to the use of ~~such~~the	110261
waters for domestic water supply, industrial or agricultural	110262
purposes, or recreation.	110263

(I) "Sewage" means any substance that contains any of the	110264
waste products or excrementitious or other discharge from the	110265
bodies of human beings or animals~~, which~~that pollutes the waters	110266
of the state.	110267

(J) "Industrial waste" means any liquid, gaseous, or solid	110268
waste substance resulting from any process of industry,	110269
manufacture, trade, or business, or from the development,	110270
processing, or recovery of any natural resource, together with	110271
such sewage as is present, ~~which~~that pollutes the waters of the	110272
state.	110273

(K) "Waste water" means any storm water and any water	110274
containing sewage or industrial waste or other pollutants or	110275
contaminants derived from the prior use of ~~such~~the water.	110276

(L) "Waste water facilities" means facilities for the purpose	110277
of treating, neutralizing, disposing of, stabilizing, cooling,	110278
segregating, or holding waste water, including, without limiting	110279
the generality of the foregoing, facilities for the treatment and	110280
disposal of sewage or industrial waste and the residue thereof,	110281
facilities for the temporary or permanent impoundment of waste	110282
water, both surface and underground, and storm and sanitary sewers	110283
and other systems, whether on the surface or underground, designed	110284
to transport waste water, together with the equipment and	110285
furnishings thereof and their appurtenances and systems, whether	110286
on the surface or underground, including force mains and pumping	110287
facilities therefor when necessary.	110288

(M) "Water management facilities" means facilities for the	110289
purpose of the development, use, and protection of water	110290
resources, including, without limiting the generality of the	110291
foregoing, facilities for water supply, facilities for stream flow	110292
improvement, dams, reservoirs, and other impoundments, water	110293
transmission lines, water wells and well fields, pumping stations	110294
and works for underground water recharge, stream monitoring	110295
systems, facilities for the stabilization of stream and river	110296
banks, and facilities for the treatment of streams and rivers,	110297
including, without limiting the generality of the foregoing,	110298
facilities for the removal of oil, debris, and other solid waste	110299
from the waters of the state and stream and river aeration	110300
facilities.	110301

(N) "Cost" as applied to water resource projects means the	110302
cost of acquisition and construction, the cost of acquisition of	110303
all land, rights-of-way, property rights, easements, franchise	110304
rights, and interests required by the district for such	110305
acquisition and construction, the cost of demolishing or removing	110306
any buildings or structures on land so acquired, including the	110307
cost of acquiring any lands to which such buildings or structures	110308
may be moved, the cost of acquiring or constructing and equipping	110309
a principal office and sub-offices of the district, the cost of	110310
diverting highways, interchange of highways, and access roads to	110311
private property, including the cost of land or easements	110312
therefor, the cost of all machinery, furnishings, and equipment,	110313
financing charges, interest prior to and during construction and	110314
for no more than eighteen months after completion of ~~acquistion~~	110315
acquisition or construction, engineering, expenses of research and	110316
development with respect to waste water or water management	110317
facilities, legal expenses, plans, specifications, surveys,	110318
estimates of cost and revenues, working capital, other expenses	110319
necessary or incident to determining the feasibility or	110320
practicability of acquiring or constructing any such project,	110321
administrative expense, and such other expense as may be necessary	110322
or incident to the acquisition or construction of the project, the	110323
financing of ~~such~~the acquisition or construction, including the	110324
amount authorized in the resolution of the district providing for	110325
the issuance of water resource revenue bonds to be paid into any	110326
special funds from the proceeds of ~~such~~those bonds and the	110327
financing of the placing of any such project in operation. Any	110328
obligation or expense incurred by any political subdivision, and	110329
approved by the district, for surveys, borings, preparation of	110330
plans and specifications, and other engineering services in	110331
connection with the acquisition or construction of a project shall	110332
be regarded as a part of the cost of ~~such~~the project and may be	110333
reimbursed by the district.	110334

(O) "Owner" includes all individuals, partnerships,	110335
associations, corporations, or political subdivisions having any	110336
title or interest in any property rights, easements, and interests	110337
authorized to be acquired by ~~Chapter 6119. of the Revised Code~~	110338
this chapter.	110339

(P) "Revenues" means all rentals and other charges received	110340
by a district for the use or services of any project, all special	110341
assessments levied by the district pursuant to ~~Chapter 6119. of~~	110342
~~the Revised Code~~this chapter, any gift or grant received with	110343
respect thereto, and moneys received in repayment of and for	110344
interest on any loan made by the district to a political	110345
subdivision, whether from the United States or a department,	110346
administration, or agency thereof, or otherwise.	110347

(Q) "Public roads" includes all public highways, roads, and	110348
streets in the state, whether maintained by the state, county,	110349
city, township, or other political subdivision.	110350

(R) "Public utility facilities" includes tracks, pipes,	110351
mains, conduits, cables, wires, towers, poles, and other equipment	110352
and appliances of any public utility.	110353

(S) "Construction," unless the context indicates a different	110354
meaning or intent, includes reconstruction, enlargement,	110355
improvement, or providing furnishings or equipment.	110356

(T) "Water resources bonds," unless the context indicates a	110357
different meaning or intent, includes water resource notes and	110358
water resource refunding bonds.	110359

(U) "Regional water and sewer district" means a district	110360
organized or operating for one or both of the purposes described	110361
in section 6119.01 of the Revised Code and, if organized or	110362
operating for only one of ~~such~~those purposes, may be designated	110363
either a regional water district or a regional sewer district, as	110364
the case may be.	110365

(V) "Homestead exemption" means the reduction of taxes	110366
allowed under division (A) of section 323.152 of the Revised Code.	110367

(W) "Low- and moderate-income person" has the same meaning as	110368
in section 175.01 of the Revised Code.	110369

Sec. 6119.091. When fixing rentals or other charges under	110370
section 6119.09 of the Revised Code, a board of trustees of a	110371
regional water and sewer district may establish discounted rentals	110372
or charges or may establish another mechanism for providing a	110373
reduction in rentals or charges for persons who are sixty-five	110374
years of age or older. The board shall establish eligibility	110375
requirements for such discounted or reduced rentals or charges,	110376
including a requirement that a person be eligible for the	110377
homestead exemption or qualify as a low- and moderate-income	110378
person.	110379

Section 101.02. That existing sections 9.06, 9.314, 107.21,	110380
109.572, 109.73, 109.742, 109.744, 109.751, 109.761, 109.77,	110381
109.802, 109.803, 118.05, 120.04, 120.08, 120.52, 120.53,	110382
121.04, 121.07, 121.08, 121.083, 121.084, 121.13, 121.31,	110383
121.37, 121.40, 121.401, 121.402, 122.05, 122.051, 122.075,	110384
122.151, 122.17, 122.171, 122.40, 122.603, 122.71, 122.751,	110385
122.76, 122.89, 123.01, 123.152, 124.03, 124.04, 124.07, 124.11,	110386
124.134, 124.14, 124.15, 124.152, 124.18, 124.181, 124.183,	110387
124.22, 124.23, 124.27, 124.321, 124.324, 124.325, 124.34,	110388
124.381, 124.382, 124.385, 124.386, 124.392, 124.81, 125.081,	110389
125.22, 125.831, 126.05, 126.21, 126.35, 127.16, 131.33, 133.06,	110390
135.03, 135.06, 135.08, 135.32, 141.04, 145.012, 145.298, 148.02,	110391
148.04, 149.43, 150.01, 150.02, 150.03, 150.04, 150.05, 150.07,	110392
152.09, 152.10, 152.12, 152.15, 152.33, 156.01, 156.02, 156.03,	110393
156.04, 166.07, 169.08, 173.08, 173.35, 173.392, 173.40,	110394
173.401, 173.42, 173.43, 173.50, 173.99, 174.02, 174.03,	110395
174.06, 176.05, 307.626, 307.629, 307.79, 311.17, 319.301,	110396
319.302, 319.54, 321.24, 323.156, 323.78, 329.03, 329.042,	110397
329.06, 340.033, 343.01, 504.21, 718.04, 721.15, 901.20, 901.32,	110398
901.43, 903.082, 903.11, 903.25, 905.32, 905.33, 905.331,	110399
905.36, 905.50, 905.51, 905.52, 905.56, 907.13, 907.14, 907.30,	110400
907.31, 915.24, 918.08, 918.28, 921.02, 921.06, 921.09, 921.11,	110401
921.13, 921.16, 921.22, 921.27, 921.29, 923.44, 923.46, 927.51,	110402
927.52, 927.53, 927.56, 927.69, 927.70, 927.701, 927.71,	110403
942.01, 942.02, 942.06, 942.13, 943.01, 943.02, 943.04,	110404
943.05, 943.06, 943.07, 943.13, 943.14, 943.16, 953.21, 953.22,	110405
953.23, 955.201, 1321.20, 1321.51, 1321.52, 1321.53, 1321.54,	110406
1321.55, 1321.551, 1321.57, 1321.59, 1321.60, 1321.99, 1322.01,	110407
1322.02, 1322.03, 1322.031, 1322.04, 1322.041, 1322.05,	110408
1322.051, 1322.052, 1322.06, 1322.061, 1322.062, 1322.063,	110409
1322.064, 1322.07, 1322.071, 1322.072, 1322.074, 1322.075,	110410
1322.08, 1322.081, 1322.09, 1322.10, 1322.11, 1327.46, 1327.50,	110411
1327.51, 1327.511, 1327.52, 1327.54, 1327.57, 1327.58,	110412
1327.60, 1327.62, 1327.70, 1327.99, 1332.24, 1332.25, 1343.011,	110413
1345.01, 1345.05, 1345.09, 1347.08, 1349.31, 1349.43, 1501.01,	110414
1501.05, 1501.07, 1501.30, 1502.12, 1506.01, 1507.01, 1511.01,	110415
1511.02, 1511.021, 1511.022, 1511.03, 1511.04, 1511.05, 1511.06,	110416
1511.07, 1511.071, 1511.08, 1514.08, 1514.13, 1515.08, 1515.14,	110417
1515.183, 1517.02, 1517.10, 1517.11, 1517.14, 1517.16,	110418
1517.17, 1517.18, 1519.03, 1520.02, 1520.03, 1521.03, 1521.031,	110419
1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 1521.063,	110420
1521.064, 1521.07, 1521.10, 1521.11, 1521.12, 1521.13, 1521.14,	110421
1521.15, 1521.16, 1521.18, 1521.19, 1523.01, 1523.02, 1523.03,	110422
1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 1523.09, 1523.10,	110423
1523.11, 1523.12, 1523.13, 1523.14, 1523.15, 1523.16, 1523.17,	110424
1523.18, 1523.19, 1523.20, 1531.01, 1533.10, 1533.11, 1541.03,	110425
1547.01, 1547.51, 1547.52, 1547.531, 1547.54, 1547.542,	110426
1547.73, 1547.99, 1548.10, 1707.17, 1707.18, 1707.37, 1710.01,	110427
1710.02, 1710.03, 1710.04, 1710.06, 1710.10, 1710.13, 1724.04,	110428
1739.05, 1751.03, 1751.04, 1751.05, 1751.14, 1751.15, 1751.16,	110429
1751.19, 1751.32, 1751.321, 1751.34, 1751.35, 1751.36, 1751.45,	110430
1751.46, 1751.48, 1751.831, 1751.84, 1751.85, 1753.09, 1901.26,	110431
1901.31, 1907.24, 2101.01, 2151.011, 2301.02, 2301.03, 2303.201,	110432
2317.422, 2503.17, 2903.13, 2903.21, 2903.211, 2903.22, 2903.33,	110433
2911.21, 2913.46, 2921.13, 2937.22, 2949.091, 2949.111, 2949.17,	110434
2981.13, 3105.87, 3119.01, 3121.037, 3121.0311, 3121.19,	110435
3121.20, 3121.898, 3123.952, 3125.25, 3301.07, 3301.073,	110436
3301.079, 3301.0710, 3301.0711, 3301.0714, 3301.0715,	110437
3301.0716, 3301.12, 3301.16, 3301.42, 3301.55, 3301.68, 3302.01,	110438
3302.02, 3302.021, 3302.03, 3302.031, 3302.05, 3302.07,	110439
3304.231, 3307.31, 3307.64, 3309.41, 3309.48, 3309.51, 3310.03,	110440
3310.08, 3310.09, 3310.11, 3310.14, 3310.41, 3311.06, 3311.19,	110441
3311.21, 3311.29, 3311.52, 3311.76, 3313.174, 3313.41,	110442
3313.48, 3313.481, 3313.482, 3313.483, 3313.53, 3313.532,	110443
3313.533, 3313.536, 3313.55, 3313.60, 3313.603, 3313.605,	110444
3313.607, 3313.608, 3313.61, 3313.611, 3313.612, 3313.614,	110445
3313.615, 3313.62, 3313.64, 3313.642, 3313.6410, 3313.65,	110446
3313.671, 3313.673, 3313.68, 3313.713, 3313.843, 3313.976,	110447
3313.978, 3313.98, 3313.981, 3314.012, 3314.015, 3314.016,	110448
3314.02, 3314.021, 3314.024, 3314.03, 3314.051, 3314.08,	110449
3314.083, 3314.084, 3314.087, 3314.091, 3314.10, 3314.19,	110450
3314.21, 3314.25, 3314.26, 3314.35, 3314.36, 3315.17, 3315.37,	110451
3316.041, 3316.06, 3316.20, 3317.01, 3317.011, 3317.02,	110452
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.0210,	110453
3317.0211, 3317.0216, 3317.03, 3317.031, 3317.04, 3317.05,	110454
3317.051, 3317.053, 3317.061, 3317.063, 3317.08, 3317.081,	110455
3317.082, 3317.12, 3317.16, 3317.18, 3317.20, 3317.201,	110456
3318.011, 3318.051, 3318.061, 3318.08, 3318.36, 3318.38,	110457
3318.44, 3319.073, 3319.08, 3319.081, 3319.088, 3319.11,	110458
3319.151, 3319.16, 3319.17, 3319.172, 3319.22, 3319.221,	110459
3319.233, 3319.234, 3319.235, 3319.24, 3319.25, 3319.26,	110460
3319.261, 3319.28, 3319.291, 3319.303, 3319.36, 3319.41,	110461
3319.51, 3319.56, 3319.57, 3319.60, 3319.61, 3319.63, 3321.01,	110462
3321.05, 3323.05, 3323.091, 3323.14, 3323.142, 3324.05,	110463
3325.08, 3326.11, 3326.14, 3326.21, 3326.23, 3326.31, 3326.32,	110464
3326.33, 3326.34, 3326.36, 3326.37, 3326.38, 3326.51, 3327.02,	110465
3327.04, 3327.05, 3329.16, 3333.04, 3333.122, 3333.123, 3333.16,	110466
3333.28, 3333.35, 3333.38, 3333.61, 3333.62, 3333.66, 3333.73,	110467
3333.83, 3334.01, 3334.02, 3334.03, 3334.04, 3334.06, 3334.07,	110468
3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 3334.16, 3334.17,	110469
3334.18, 3334.19, 3334.20, 3334.21, 3345.011, 3345.12, 3345.32,	110470
3345.61, 3345.62, 3345.63, 3345.64, 3345.65, 3345.66, 3349.242,	110471
3365.01, 3365.04, 3365.041, 3365.07, 3365.08, 3365.09, 3365.10,	110472
3501.17, 3701.024, 3701.045, 3701.07, 3701.344, 3701.71,	110473
3701.72, 3701.78, 3701.84, 3702.51, 3702.52, 3702.524, 3702.525,	110474
3702.53, 3702.532, 3702.54, 3702.544, 3702.55, 3702.57,	110475
3702.59, 3702.60, 3702.61, 3702.87, 3702.89, 3702.90, 3702.91,	110476
3702.92, 3702.93, 3702.94, 3703.01, 3703.03, 3703.04, 3703.05,	110477
3703.06, 3703.07, 3703.08, 3703.10, 3703.21, 3703.99, 3704.14,	110478
3704.144, 3705.24, 3706.04, 3706.25, 3709.09, 3710.01, 3710.04,	110479
3710.05, 3710.051, 3710.06, 3710.07, 3710.08, 3710.12, 3710.13,	110480
3712.01, 3712.03, 3713.01, 3713.02, 3713.03, 3713.04, 3713.05,	110481
3713.06, 3713.07, 3713.08, 3713.09, 3713.10, 3714.07, 3714.073,	110482
3717.07, 3717.23, 3717.25, 3717.43, 3717.45, 3718.03, 3718.06,	110483
3721.01, 3721.02, 3721.071, 3721.23, 3721.50, 3721.51, 3721.53,	110484
3721.55, 3721.56, 3722.01, 3722.011, 3722.02, 3722.021,	110485
3722.04, 3722.041, 3722.05, 3722.06, 3722.08, 3722.09, 3722.10,	110486
3722.13, 3722.14, 3722.15, 3722.16, 3722.17, 3722.18, 3722.99,	110487
3727.02, 3727.04, 3727.05, 3729.07, 3733.02, 3733.04, 3733.25,	110488
3733.43, 3734.05, 3734.28, 3734.281, 3734.53, 3734.57, 3734.573,	110489
3734.82, 3734.901, 3734.9010, 3737.71, 3743.04, 3743.25,	110490
3745.015, 3745.11, 3748.01, 3748.04, 3748.07, 3748.12, 3748.13,	110491
3749.04, 3770.05, 3773.35, 3773.36, 3773.43, 3773.45, 3773.53,	110492
3781.03, 3781.10, 3781.102, 3781.11, 3781.12, 3781.19, 3783.05,	110493
3791.02, 3791.04, 3791.05, 3791.07, 3793.02, 3793.04, 3901.38,	110494
3901.383, 3901.3812, 3901.3814, 3923.021, 3923.022, 3923.122,	110495
3923.24, 3923.57, 3923.58, 3923.581, 3923.66, 3923.67, 3923.68,	110496
3923.75, 3923.76, 3923.77, 3924.01, 3924.06, 3924.09, 3924.10,	110497
3929.43, 3929.67, 3953.23, 3953.231, 4104.01, 4104.02,	110498
4104.06, 4104.07, 4104.08, 4104.09, 4104.10, 4104.101, 4104.12,	110499
4104.15, 4104.16, 4104.17, 4104.18, 4104.19, 4104.21, 4104.33,	110500
4104.42, 4104.43, 4104.44, 4104.48, 4105.01, 4105.02, 4105.03,	110501
4105.04, 4105.05, 4105.06, 4105.09, 4105.11, 4105.12, 4105.13,	110502
4105.15, 4105.16, 4105.17, 4105.191, 4105.20, 4105.21, 4112.01,	110503
4112.04, 4112.051, 4112.052, 4117.01, 4117.02, 4117.07,	110504
4117.12, 4117.24, 4121.125, 4123.442, 4141.08, 4141.11,	110505
4141.162, 4169.02, 4169.03, 4169.04, 4171.04, 4301.333,	110506
4301.334, 4301.351, 4301.354, 4301.355, 4301.356, 4301.361,	110507
4301.364, 4301.365, 4301.366, 4301.43, 4303.182, 4303.331,	110508
4501.06, 4501.24, 4503.068, 4503.10, 4503.103, 4503.19,	110509
4503.191, 4503.235, 4503.40, 4503.42, 4503.44, 4505.01, 4505.06,	110510
4505.062, 4505.09, 4505.111, 4505.181, 4505.20, 4507.03, 4507.24,	110511
4507.45, 4509.101, 4510.22, 4511.191, 4511.81, 4513.021,	110512
4513.03, 4513.04, 4513.05, 4513.06, 4513.07, 4513.071, 4513.09,	110513
4513.11, 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, 4513.16,	110514
4513.17, 4513.171, 4513.18, 4513.19, 4513.21, 4513.22, 4513.23,	110515
4513.24, 4513.242, 4513.28, 4513.60, 4513.65, 4513.99, 4517.01,	110516
4517.02, 4517.03, 4517.30, 4517.33, 4517.43, 4519.02, 4519.03,	110517
4519.04, 4519.44, 4519.59, 4549.10, 4549.12, 4705.09, 4705.10,	110518
4709.12, 4713.28, 4713.32, 4713.63, 4713.64, 4731.10, 4731.26,	110519
4731.38, 4733.10, 4734.25, 4735.06, 4735.09, 4735.12, 4735.13,	110520
4735.15, 4740.03, 4740.11, 4740.14, 4741.41, 4741.44, 4741.45,	110521
4741.46, 4755.06, 4755.12, 4757.10, 4757.31, 4757.36,	110522
4763.01, 4763.03, 4763.04, 4763.05, 4763.07, 4763.09,	110523
4763.11, 4763.13, 4763.14, 4763.17, 4766.09, 4767.05,	110524
4767.07, 4767.08, 4781.01, 4781.02, 4781.04, 4781.05, 4781.06,	110525
4781.07, 4905.06, 4919.79, 4923.12, 4923.20, 4928.01, 5101.11,	110526
5101.16, 5101.162, 5101.26, 5101.33, 5101.34, 5101.47, 5101.50,	110527
5101.5110, 5101.5212, 5101.54, 5101.541, 5101.544, 5101.571,	110528
5101.573, 5101.60, 5101.61, 5101.83, 5101.84, 5104.01,	110529
5104.041, 5104.051, 5104.30, 5104.32, 5104.341, 5104.35,	110530
5104.38, 5104.39, 5104.42, 5107.05, 5107.16, 5107.17, 5107.58,	110531
5111.01, 5111.015, 5111.019, 5111.028, 5111.032, 5111.033,	110532
5111.034, 5111.06, 5111.176, 5111.222, 5111.231, 5111.232,	110533
5111.24, 5111.25, 5111.261, 5111.65, 5111.651, 5111.688,	110534
5111.705, 5111.85, 5111.851, 5111.874, 5111.875, 5111.89,	110535
5111.891, 5111.894, 5111.971, 5112.30, 5112.31, 5112.37, 5112.371,	110536
5115.03, 5119.16, 5119.61, 5120.032, 5120.033, 5120.09,	110537
5120.135, 5122.31, 5123.049, 5123.0412, 5123.0413, 5126.044,	110538
5126.05, 5126.054, 5126.055, 5126.0512, 5126.19, 5126.24,	110539
5139.43, 5501.04, 5502.01, 5502.12, 5502.14, 5502.15, 5505.15,	110540
5701.11, 5703.05, 5703.37, 5703.80, 5705.214, 5705.29,	110541
5705.341, 5705.37, 5709.62, 5709.63, 5709.632, 5711.33, 5715.02,	110542
5715.251, 5715.26, 5717.03, 5717.04, 5725.18, 5725.98,	110543
5727.84, 5728.12, 5729.03, 5729.98, 5733.01, 5733.04, 5733.98,	110544
5735.142, 5739.01, 5739.02, 5739.03, 5739.033, 5739.09,	110545
5739.131, 5743.15, 5743.61, 5747.01, 5747.113, 5747.13, 5747.16,	110546
5747.98, 5748.02, 5748.03, 5749.02, 5749.12, 5751.01, 5751.011,	110547
5751.012, 5751.013, 5751.03, 5751.04, 5751.05, 5751.051,	110548
5751.06, 5751.08, 5751.09, 5751.20, 5751.21, 5911.10, 5913.051,	110549
5913.09, 6103.01, 6103.02, 6109.21, 6111.044, 6117.01, 6117.02,	110550
and 6119.011 of the Revised Code are hereby repealed.	110551

That existing Section 269.60.60 of Am. Sub. H.B. 119 of the	110552
127th General Assembly is hereby repealed.	110553

That existing Section 6 of H.B. 364 of the 124th General	110554
Assembly is hereby repealed.	110555

Section 105.01. Sections 173.71, 173.72, 173.721, 173.722,	110556
173.723, 173.724, 173.73, 173.731, 173.732, 173.74, 173.741,	110557
173.742, 173.75, 173.751, 173.752, 173.753, 173.76, 173.77,	110558
173.771, 173.772, 173.773, 173.78, 173.79, 173.791, 173.80,	110559
173.801, 173.802, 173.803, 173.81, 173.811, 173.812, 173.813,	110560
173.814, 173.815, 173.82, 173.83, 173.831, 173.832, 173.833,	110561
173.84, 173.85, 173.86, 173.861, 173.87, 173.871, 173.872,	110562
173.873, 173.874, 173.875, 173.876, 173.88, 173.89, 173.891,	110563
173.892, 173.90, 173.91, 905.38, 905.381, 905.66, 907.16, 927.74,	110564
1504.01, 1504.02, 1504.03, 1504.04, 1517.15, 1521.02, 1711.58,	110565
3301.0712, 3301.0718, 3301.43, 3302.032, 3314.026, 3314.085,	110566
3314.13, 3317.10, 3319.0810, 3319.222, 3319.23, 3319.302,	110567
3319.304, 3333.27, 3701.73, 3701.77, 3701.771, 3701.772,	110568
3702.511, 3702.523, 3702.527, 3702.528, 3702.529, 3702.542,	110569
3704.143, 3724.01, 3724.02, 3724.021, 3724.03, 3724.04, 3724.05,	110570
3724.06, 3724.07, 3724.08, 3724.09, 3724.10, 3724.11, 3724.12,	110571
3724.13, 3724.99, 4517.052, 4517.27, 4735.22, 4735.23, 5101.072,	110572
5111.083, 5111.178. 5145.32, and 5923.141 of the Revised Code are	110573
hereby repealed.	110574

Section 105.10. Sections 1751.53 and 3923.38 of the Revised	110575
Code as they result from Section 120.10 of H.B. 2 of the 128th	110576
General Assembly are hereby repealed. This repeal enables the	110577
continued existence of those sections as they result from Section	110578
101.01 of H.B. 2 of the 128th General Assembly.	110579

Section 110.10. That the version of section 2949.111 of the	110580
Revised Code that is scheduled to take effect January 1, 2010, be	110581
amended to read as follows:	110582

Sec. 2949.111. (A) As used in this section:

110583

(1) "Court costs" means any assessment that the court	110584
requires an offender to pay to defray the costs of operating the	110585
court.	110586

(2) "State fines or costs" means any costs imposed or	110587
forfeited bail collected by the court under section 2743.70 of the	110588
Revised Code for deposit into the reparations fund or under	110589
section 2949.091 of the Revised Code for deposit into the ~~general~~	110590
~~revenue~~indigent defense support fund established under section	110591
120.08 of the Revised Code and all fines, penalties, and forfeited	110592
bail collected by the court and paid to a law library association	110593
under section 307.515 of the Revised Code.	110594

(3) "Reimbursement" means any reimbursement for the costs of	110595
confinement that the court orders an offender to pay pursuant to	110596
section 2929.28 of the Revised Code, any supervision fee, any fee	110597
for the costs of house arrest with electronic monitoring that an	110598
offender agrees to pay, any reimbursement for the costs of an	110599
investigation or prosecution that the court orders an offender to	110600
pay pursuant to section 2929.71 of the Revised Code, or any other	110601
costs that the court orders an offender to pay.	110602

(4) "Supervision fees" means any fees that a court, pursuant	110603
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	110604
requires an offender who is under a community control sanction to	110605
pay for supervision services.	110606

(5) "Community control sanction" has the same meaning as in	110607
section 2929.01 of the Revised Code.	110608

(B) Unless the court, in accordance with division (C) of this	110609
section, enters in the record of the case a different method of	110610
assigning payments, if a person who is charged with a misdemeanor	110611
is convicted of or pleads guilty to the offense, if the court	110612
orders the offender to pay any combination of court costs, state	110613
fines or costs, restitution, a conventional fine, or any	110614
reimbursement, and if the offender makes any payment of any of	110615
them to a clerk of court, the clerk shall assign the offender's	110616
payment in the following manner:	110617

(1) If the court ordered the offender to pay any court costs,	110618
the offender's payment shall be assigned toward the satisfaction	110619
of those court costs until they have been entirely paid.	110620

(2) If the court ordered the offender to pay any state fines	110621
or costs and if all of the court costs that the court ordered the	110622
offender to pay have been paid, the remainder of the offender's	110623
payment shall be assigned on a pro rata basis toward the	110624
satisfaction of the state fines or costs until they have been	110625
entirely paid.	110626

(3) If the court ordered the offender to pay any restitution	110627
and if all of the court costs and state fines or costs that the	110628
court ordered the offender to pay have been paid, the remainder of	110629
the offender's payment shall be assigned toward the satisfaction	110630
of the restitution until it has been entirely paid.	110631

(4) If the court ordered the offender to pay any fine and if	110632
all of the court costs, state fines or costs, and restitution that	110633
the court ordered the offender to pay have been paid, the	110634
remainder of the offender's payment shall be assigned toward the	110635
satisfaction of the fine until it has been entirely paid.	110636

(5) If the court ordered the offender to pay any	110637
reimbursement and if all of the court costs, state fines or costs,	110638
restitution, and fines that the court ordered the offender to pay	110639
have been paid, the remainder of the offender's payment shall be	110640
assigned toward the satisfaction of the reimbursements until they	110641
have been entirely paid.	110642

(C) If a person who is charged with a misdemeanor is	110643
convicted of or pleads guilty to the offense and if the court	110644
orders the offender to pay any combination of court costs, state	110645
fines or costs, restitution, fines, or reimbursements, the court,	110646
at the time it orders the offender to make those payments, may	110647
prescribe an order of payments that differs from the order set	110648
forth in division (B) of this section by entering in the record of	110649
the case the order so prescribed. If a different order is entered	110650
in the record, on receipt of any payment, the clerk of the court	110651
shall assign the payment in the manner prescribed by the court.	110652

Section 110.11. That the existing version of section 2949.111	110653
of the Revised Code that is scheduled to take effect January 1,	110654
2010, is hereby repealed.	110655

Section 110.12. Sections 110.10 and 110.11 of this act take	110656
effect January 1, 2010.	110657

Section 110.20. That the version of section 5739.033 of the	110658
Revised Code that is scheduled to take effect January 1, 2010, be	110659
amended to read as follows:	110660

Sec. 5739.033. (A) The amount of tax due pursuant to	110661
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised	110662
Code is the sum of the taxes imposed pursuant to those sections	110663
at the sourcing location of the sale as determined under this	110664
section or, if applicable, under division (C) of section 5739.031	110665
or section 5739.034 of the Revised Code. This section applies	110666
only to a vendor's or seller's obligation to collect and remit	110667
sales taxes under section 5739.02, 5739.021, 5739.023, or	110668
5739.026 of the Revised Code or use taxes under section 5741.02,	110669
5741.021, 5741.022, or 5741.023 of the Revised Code. Division (A)	110670
of this section does not apply in determining the jurisdiction	110671
for which sellers are required to collect the use tax under	110672
section 5741.05 of the Revised Code. This section does not affect	110673
the obligation of a consumer to remit use taxes on the storage,	110674
use, or other consumption of tangible personal property or on the	110675
benefit realized of any service provided, to the jurisdiction of	110676
that storage, use, or consumption, or benefit realized.	110677

(B)(1) Beginning January 1, 2010, retail sales, excluding	110678
the lease or rental, of tangible personal property or digital	110679
goods shall be sourced to the location where the vendor receives	110680
an order for the sale of such property or goods if:	110681

(a) The vendor receives the order in this state and the	110682
consumer receives the property or goods in this state;	110683

(b) The location where the consumer receives the property or	110684
goods is determined under division (C)(2), (3), or (4) of this	110685
section; and	110686

(c) The record-keeping system used by the vendor to calculate	110687
the tax imposed captures the location where the order is received	110688
at the time the order is received.	110689

(2) A consumer has no additional liability to this state	110690
under this chapter or Chapter 5741. of the Revised Code for tax,	110691
penalty, or interest on a sale for which the consumer remits tax	110692
to the vendor in the amount invoiced by the vendor if the invoice	110693
amount is calculated at either the rate applicable to the	110694
location where the consumer receives the property or digital good	110695
or at the rate applicable to the location where the order is	110696
received by the vendor. A consumer may rely on a written	110697
representation by the vendor as to the location where the order	110698
for the sale was received by the vendor. If the consumer does not	110699
have a written representation by the vendor as to the location	110700
where the order was received by the vendor, the consumer may use a	110701
location indicated by a business address for the vendor that is	110702
available from records that are maintained in the ordinary course	110703
of the consumer's business to determine the rate applicable to the	110704
location where the order was received.	110705

(3) For the purposes of division (B) of this section, the	110706
location where an order is received by or on behalf of a vendor	110707
means the physical location of the vendor or a third party such as	110708
an established outlet, office location, or automated order receipt	110709
system operated by or on behalf of the vendor, where an order is	110710
initially received by or on behalf of the vendor, and not where	110711
the order may be subsequently accepted, completed, or fulfilled.	110712
An order is received when all necessary information to determine	110713
whether the order can be accepted has been received by or on	110714
behalf of the vendor. The location from which the property or	110715
digital good is shipped shall not be used to determine the	110716
location where the order is received by the vendor.	110717

(4) For the purposes of division (B) of this section, if	110718
services subject to taxation under this chapter or Chapter 5741.	110719
of the Revised Code are sold with tangible personal property or	110720
digital goods pursuant to a single contract or in the same	110721
transaction, the services are billed on the same billing statement	110722
or invoice, and, because of the application of division (B) of	110723
this section, the transaction would be sourced to more than one	110724
jurisdiction, the situs of the transaction shall be the location	110725
where the order is received by or on behalf of the vendor.	110726

(C) Except for sales, other than leases, of titled motor	110727
vehicles, titled watercraft, or titled outboard motors as provided	110728
in section 5741.05 of the Revised Code, or as otherwise provided	110729
in this section and section 5739.034 of the Revised Code, all	110730
sales shall be sourced as follows:	110731

(1) If the consumer or a donee designated by the consumer	110732
receives tangible personal property or a service at a vendor's	110733
place of business, the sale shall be sourced to that place of	110734
business.	110735

(2) When the tangible personal property or service is not	110736
received at a vendor's place of business, the sale shall be	110737
sourced to the location known to the vendor where the consumer or	110738
the donee designated by the consumer receives the tangible	110739
personal property or service, including the location indicated by	110740
instructions for delivery to the consumer or the consumer's donee.	110741

(3) If divisions (C)(1) and (2) of this section do not apply,	110742
the sale shall be sourced to the location indicated by an address	110743
for the consumer that is available from the vendor's business	110744
records that are maintained in the ordinary course of the	110745
vendor's business, when use of that address does not constitute	110746
bad faith.	110747

(4) If divisions (C)(1), (2), and (3) of this section do not	110748
apply, the sale shall be sourced to the location indicated by an	110749
address for the consumer obtained during the consummation of the	110750
sale, including the address associated with the consumer's payment	110751
instrument, if no other address is available, when use of that	110752
address does not constitute bad faith.	110753

(5) If divisions (C)(1), (2), (3), and (4) of this section do	110754
not apply, including in the circumstance where the vendor is	110755
without sufficient information to apply any of those divisions,	110756
the sale shall be sourced to the address from which tangible	110757
personal property was shipped, or from which the service was	110758
provided, disregarding any location that merely provided the	110759
electronic transfer of the property sold or service provided.	110760

(6) As used in division (C) of this section, "receive" means	110761
taking possession of tangible personal property or making first	110762
use of a service. "Receive" does not include possession by a	110763
shipping company on behalf of a consumer.	110764

(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this	110765
section, a business consumer that is not a holder of a direct	110766
payment permit granted under section 5739.031 of the Revised Code,	110767
that purchases a digital good, computer software, except computer	110768
software received in person by a business consumer at a vendor's	110769
place of business, or a service, and that knows at the time of	110770
purchase that such digital good, software, or service will be	110771
concurrently available for use in more than one taxing	110772
jurisdiction shall deliver to the vendor in conjunction with its	110773
purchase an exemption certificate claiming multiple points of use,	110774
or shall meet the requirements of division (D)(2) of this section.	110775
On receipt of the exemption certificate claiming multiple points	110776
of use, the vendor is relieved of its obligation to collect, pay,	110777
or remit the tax due, and the business consumer must pay the tax	110778
directly to the state.	110779

(b) A business consumer that delivers the exemption	110780
certificate claiming multiple points of use to a vendor may use	110781
any reasonable, consistent, and uniform method of apportioning the	110782
tax due on the digital good, computer software, or service that is	110783
supported by the consumer's business records as they existed at	110784
the time of the sale. The business consumer shall report and pay	110785
the appropriate tax to each jurisdiction where concurrent use	110786
occurs. The tax due shall be calculated as if the apportioned	110787
amount of the digital good, computer software, or service had been	110788
delivered to each jurisdiction to which the sale is apportioned	110789
under this division.	110790

(c) The exemption certificate claiming multiple points of use	110791
shall remain in effect for all future sales by the vendor to the	110792
business consumer until it is revoked in writing by the business	110793
consumer, except as to the business consumer's specific	110794
apportionment of a subsequent sale under division (D)(1)(b) of	110795
this section and the facts existing at the time of the sale.	110796

(2) When the vendor knows that a digital good, computer	110797
software, or service sold will be concurrently available for use	110798
by the business consumer in more than one jurisdiction, but the	110799
business consumer does not provide an exemption certificate	110800
claiming multiple points of use as required by division (D)(1) of	110801
this section, the vendor may work with the business consumer to	110802
produce the correct apportionment. Governed by the principles of	110803
division (D)(1)(b) of this section, the vendor and business	110804
consumer may use any reasonable, but consistent and uniform,	110805
method of apportionment that is supported by the vendor's and	110806
business consumer's books and records as they exist at the time	110807
the sale is reported for purposes of the taxes levied under this	110808
chapter. If the business consumer certifies to the accuracy of the	110809
apportionment and the vendor accepts the certification, the vendor	110810
shall collect and remit the tax accordingly. In the absence of bad	110811
faith, the vendor is relieved of any further obligation to collect	110812
tax on any transaction where the vendor has collected tax pursuant	110813
to the information certified by the business consumer.	110814

(3) When the vendor knows that the digital good, computer	110815
software, or service will be concurrently available for use in	110816
more than one jurisdiction, and the business consumer does not	110817
have a direct pay permit and does not provide to the vendor an	110818
exemption certificate claiming multiple points of use as required	110819
in division (D)(1) of this section, or certification pursuant to	110820
division (D)(2) of this section, the vendor shall collect and	110821
remit the tax based on division (C) of this section.	110822

(4) Nothing in this section shall limit a person's obligation	110823
for sales or use tax to any state in which a digital good,	110824
computer software, or service is concurrently available for use,	110825
nor limit a person's ability under local, state, or federal law,	110826
to claim a credit for sales or use taxes legally due and paid to	110827
other jurisdictions.	110828

(E) A person who holds a direct payment permit issued under	110829
section 5739.031 of the Revised Code is not required to deliver an	110830
exemption certificate claiming multiple points of use to a vendor.	110831
But such permit holder shall comply with division (D)(2) of this	110832
section in apportioning the tax due on a digital good, computer	110833
software, or a service for use in business that will be	110834
concurrently available for use in more than one taxing	110835
jurisdiction.	110836

(F)(1) Notwithstanding divisions (C)(1) to (5) of this	110837
section, the consumer of direct mail that is not a holder of a	110838
direct payment permit shall provide to the vendor in conjunction	110839
with the sale either an exemption certificate claiming direct mail	110840
prescribed by the tax commissioner, or information to show the	110841
jurisdictions to which the direct mail is delivered to recipients.	110842

(2) Upon receipt of such exemption certificate, the vendor is	110843
relieved of all obligations to collect, pay, or remit the	110844
applicable tax and the consumer is obligated to pay that tax on a	110845
direct pay basis. An exemption certificate claiming direct mail	110846
shall remain in effect for all future sales of direct mail by the	110847
vendor to the consumer until it is revoked in writing.	110848

(3) Upon receipt of information from the consumer showing the	110849
jurisdictions to which the direct mail is delivered to recipients,	110850
the vendor shall collect the tax according to the delivery	110851
information provided by the consumer. In the absence of bad faith,	110852
the vendor is relieved of any further obligation to collect tax on	110853
any transaction where the vendor has collected tax pursuant to the	110854
delivery information provided by the consumer.	110855

(4) If the consumer of direct mail does not have a direct	110856
payment permit and does not provide the vendor with either an	110857
exemption certificate claiming direct mail or delivery information	110858
as required by division (F)(1) of this section, the vendor shall	110859
collect the tax according to division (C)(5) of this section.	110860
Nothing in division (F)(4) of this section shall limit a	110861
consumer's obligation to pay sales or use tax to any state to	110862
which the direct mail is delivered.	110863

(5) If a consumer of direct mail provides the vendor with	110864
documentation of direct payment authority, the consumer shall not	110865
be required to provide an exemption certificate claiming direct	110866
mail or delivery information to the vendor.	110867

(G) If the vendor provides lodging to transient guests as	110868
specified in division (B)(2) of section 5739.01 of the Revised	110869
Code, the sale shall be sourced to the location where the lodging	110870
is located.	110871

(H)(1) As used in this division and division (I) of this	110872
section, "transportation equipment" means any of the following:	110873

(a) Locomotives and railcars that are utilized for the	110874
carriage of persons or property in interstate commerce.	110875

(b) Trucks and truck-tractors with a gross vehicle weight	110876
rating of greater than ten thousand pounds, trailers,	110877
semi-trailers, or passenger buses that are registered through the	110878
international registration plan and are operated under authority	110879
of a carrier authorized and certificated by the United States	110880
department of transportation or another federal authority to	110881
engage in the carriage of persons or property in interstate	110882
commerce.	110883

(c) Aircraft that are operated by air carriers authorized and	110884
certificated by the United States department of transportation or	110885
another federal authority to engage in the carriage of persons or	110886
property in interstate or foreign commerce.	110887

(d) Containers designed for use on and component parts	110888
attached to or secured on the items set forth in division	110889
(H)(1)(a), (b), or (c) of this section.	110890

(2) A sale, lease, or rental of transportation equipment	110891
shall be sourced pursuant to division (C) of this section.	110892

(I)(1) A lease or rental of tangible personal property that	110893
does not require recurring periodic payments shall be sourced	110894
pursuant to division (C) of this section.	110895

(2) A lease or rental of tangible personal property that	110896
requires recurring periodic payments shall be sourced as follows:	110897

(a) In the case of a motor vehicle, other than a motor	110898
vehicle that is transportation equipment, or an aircraft, other	110899
than an aircraft that is transportation equipment, such lease or	110900
rental shall be sourced as follows:	110901

(i) An accelerated tax payment on a lease or rental taxed	110902
pursuant to division (A)(2) of section 5739.02 of the Revised Code	110903
shall be sourced to the primary property location at the time the	110904
lease or rental is consummated. Any subsequent taxable charges on	110905
the lease or rental shall be sourced to the primary property	110906
location for the period in which the charges are incurred.	110907

(ii) For a lease or rental taxed pursuant to division (A)(3)	110908
of section 5739.02 of the Revised Code, each lease or rental	110909
installment shall be sourced to the primary property location for	110910
the period covered by the installment.	110911

(b) In the case of a lease or rental of all other tangible	110912
personal property, other than transportation equipment, such lease	110913
or rental shall be sourced as follows:	110914

(i) An accelerated tax payment on a lease or rental that is	110915
taxed pursuant to division (A)(2) of section 5739.02 of the	110916
Revised Code shall be sourced pursuant to division (C) of this	110917
section at the time the lease or rental is consummated. Any	110918
subsequent taxable charges on the lease or rental shall be sourced	110919
to the primary property location for the period in which the	110920
charges are incurred.	110921

(ii) For a lease or rental that is taxed pursuant to division	110922
(A)(3) of section 5739.02 of the Revised Code, the initial lease	110923
or rental installment shall be sourced pursuant to division (C) of	110924
this section. Each subsequent installment shall be sourced to the	110925
primary property location for the period covered by the	110926
installment.	110927

(3) As used in division (I) of this section, "primary	110928
property location" means an address for tangible personal property	110929
provided by the lessee or renter that is available to the lessor	110930
or owner from its records maintained in the ordinary course of	110931
business, when use of that address does not constitute bad faith.	110932

(J) If the vendor provides a service specified in division	110933
(B)(11) of section 5739.01 of the Revised Code, the situs of the	110934
sale is the location of the enrollee for whom a medicaid health	110935
insurance corporation receives managed care premiums. Such sales	110936
shall be sourced to the locations of the enrollees in the same	110937
proportion as the managed care premiums received by the medicaid	110938
health insuring corporation on behalf of enrollees located in a	110939
particular taxing jurisdiction in Ohio as compared to all managed	110940
care premiums received by the medicaid health insuring	110941
corporation.	110942

Section 110.21. That the existing version of section 5739.033	110943
of the Revised Code that is scheduled to take effect January 1,	110944
2010, is hereby repealed.	110945

Section 110.22. Sections 110.20 and 110.21 of this act take	110946
effect January 1, 2010.	110947

Section 115.10. That sections 5104.01 and 5104.38 of the	110948
Revised Code be amended to read as follows:	110949

Sec. 5104.01. As used in this chapter:

110950

(A) "Administrator" means the person responsible for the	110951
daily operation of a center or type A home. The administrator and	110952
the owner may be the same person.	110953

(B) "Approved child day camp" means a child day camp approved	110954
pursuant to section 5104.22 of the Revised Code.	110955

(C) "Authorized provider" means a person authorized by a	110956
county director of job and family services to operate a certified	110957
type B family day-care home.	110958

(D) "Border state child care provider" means a child care	110959
provider that is located in a state bordering Ohio and that is	110960
licensed, certified, or otherwise approved by that state to	110961
provide child care.	110962

(E) "Caretaker parent" means the father or mother of a child	110963
whose presence in the home is needed as the caretaker of the	110964
child, a person who has legal custody of a child and whose	110965
presence in the home is needed as the caretaker of the child, a	110966
guardian of a child whose presence in the home is needed as the	110967
caretaker of the child, and any other person who stands in loco	110968
parentis with respect to the child and whose presence in the home	110969
is needed as the caretaker of the child.	110970

(F) "Certified type B family day-care home" and "certified	110971
type B home" mean a type B family day-care home that is certified	110972
by the director of the county department of job and family	110973
services pursuant to section 5104.11 of the Revised Code to	110974
receive public funds for providing child care pursuant to this	110975
chapter and any rules adopted under it.	110976

(G) "Chartered nonpublic school" means a school that meets	110977
standards for nonpublic schools prescribed by the state board of	110978
education for nonpublic schools pursuant to section 3301.07 of the	110979
Revised Code.	110980

(H) "Child" includes an infant, toddler, preschool child, or	110981
school child.	110982

(I) "Child care block grant act" means the "Child Care and	110983
Development Block Grant Act of 1990," established in section 5082	110984
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	110985
1388-236 (1990), 42 U.S.C. 9858, as amended.	110986

(J) "Child day camp" means a program in which only school	110987
children attend or participate, that operates for no more than	110988
seven hours per day, that operates only during one or more public	110989
school district's regular vacation periods or for no more than	110990
fifteen weeks during the summer, and that operates outdoor	110991
activities for each child who attends or participates in the	110992
program for a minimum of fifty per cent of each day that children	110993
attend or participate in the program, except for any day when	110994
hazardous weather conditions prevent the program from operating	110995
outdoor activities for a minimum of fifty per cent of that day.	110996
For purposes of this division, the maximum seven hours of	110997
operation time does not include transportation time from a child's	110998
home to a child day camp and from a child day camp to a child's	110999
home.	111000

(K) "Child care" means administering to the needs of infants,	111001
toddlers, preschool children, and school children outside of	111002
school hours by persons other than their parents or guardians,	111003
custodians, or relatives by blood, marriage, or adoption for any	111004
part of the twenty-four-hour day in a place or residence other	111005
than a child's own home.	111006

(L) "Child day-care center" and "center" mean any place in	111007
which child care or publicly funded child care is provided for	111008
thirteen or more children at one time or any place that is not the	111009
permanent residence of the licensee or administrator in which	111010
child care or publicly funded child care is provided for seven to	111011
twelve children at one time. In counting children for the	111012
purposes of this division, any children under six years of age who	111013
are related to a licensee, administrator, or employee and who are	111014
on the premises of the center shall be counted. "Child day-care	111015
center" and "center" do not include any of the following:	111016

(1) A place located in and operated by a hospital, as defined	111017
in section 3727.01 of the Revised Code, in which the needs of	111018
children are administered to, if all the children whose needs are	111019
being administered to are monitored under the on-site supervision	111020
of a physician licensed under Chapter 4731. of the Revised Code or	111021
a registered nurse licensed under Chapter 4723. of the Revised	111022
Code, and the services are provided only for children who, in the	111023
opinion of the child's parent, guardian, or custodian, are	111024
exhibiting symptoms of a communicable disease or other illness or	111025
are injured;	111026

(2) A child day camp;

111027

(3) A place that provides child care, but not publicly funded	111028
child care, if all of the following apply:	111029

(a) An organized religious body provides the child care;

111030

(b) A parent, custodian, or guardian of at least one child	111031
receiving child care is on the premises and readily accessible at	111032
all times;	111033

(c) The child care is not provided for more than thirty days	111034
a year;	111035

(d) The child care is provided only for preschool and school	111036
children.	111037

(M) "Child care resource and referral service organization"	111038
means a community-based nonprofit organization that provides child	111039
care resource and referral services but not child care.	111040

(N) "Child care resource and referral services" means all of	111041
the following services:	111042

(1) Maintenance of a uniform data base of all child care	111043
providers in the community that are in compliance with this	111044
chapter, including current occupancy and vacancy data;	111045

(2) Provision of individualized consumer education to	111046
families seeking child care;	111047

(3) Provision of timely referrals of available child care	111048
providers to families seeking child care;	111049

(4) Recruitment of child care providers;

111050

(5) Assistance in the development, conduct, and dissemination	111051
of training for child care providers and provision of technical	111052
assistance to current and potential child care providers,	111053
employers, and the community;	111054

(6) Collection and analysis of data on the supply of and	111055
demand for child care in the community;	111056

(7) Technical assistance concerning locally, state, and	111057
federally funded child care and early childhood education	111058
programs;	111059

(8) Stimulation of employer involvement in making child care	111060
more affordable, more available, safer, and of higher quality for	111061
their employees and for the community;	111062

(9) Provision of written educational materials to caretaker	111063
parents and informational resources to child care providers;	111064

(10) Coordination of services among child care resource and	111065
referral service organizations to assist in developing and	111066
maintaining a statewide system of child care resource and referral	111067
services if required by the department of job and family services;	111068

(11) Cooperation with the county department of job and family	111069
services in encouraging the establishment of parent cooperative	111070
child care centers and parent cooperative type A family day-care	111071
homes.	111072

(O) "Child-care staff member" means an employee of a child	111073
day-care center or type A family day-care home who is primarily	111074
responsible for the care and supervision of children. The	111075
administrator may be a part-time child-care staff member when not	111076
involved in other duties.	111077

(P) "Drop-in child day-care center," "drop-in center,"	111078
"drop-in type A family day-care home," and "drop-in type A home"	111079
mean a center or type A home that provides child care or publicly	111080
funded child care for children on a temporary, irregular basis.	111081

(Q) "Employee" means a person who either:

111082

(1) Receives compensation for duties performed in a child	111083
day-care center or type A family day-care home;	111084

(2) Is assigned specific working hours or duties in a child	111085
day-care center or type A family day-care home.	111086

(R) "Employer" means a person, firm, institution,	111087
organization, or agency that operates a child day-care center or	111088
type A family day-care home subject to licensure under this	111089
chapter.	111090

(S) "Federal poverty line" means the official poverty	111091
guideline as revised annually in accordance with section 673(2) of	111092
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	111093
U.S.C. 9902, as amended, for a family size equal to the size of	111094
the family of the person whose income is being determined.	111095

(T) ~~"Full-time week" means at least thirty-two and one-half~~	111096
~~hours and not more than sixty hours of care in a week for~~	111097
~~licensed child care centers and licensed type A homes and at~~	111098
~~least thirty-two and one-half hours and not more than fifty hours~~	111099
~~of care in a week for certified type B providers.~~	111100

~~(U)~~ "Head start program" means a comprehensive child	111101
development program that receives funds distributed under the	111102
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	111103
amended, and is licensed as a child day-care center.	111104

~~(V)~~(U) "Income" means gross income, as defined in section	111105
5107.10 of the Revised Code, less any amounts required by federal	111106
statutes or regulations to be disregarded.	111107

~~(W)~~(V) "Indicator checklist" means an inspection tool, used	111108
in conjunction with an instrument-based program monitoring	111109
information system, that contains selected licensing requirements	111110
that are statistically reliable indicators or predictors of a	111111
child day-care center or type A family day-care home's compliance	111112
with licensing requirements.	111113

~~(X)~~(W) "Infant" means a child who is less than eighteen	111114
months of age.	111115

~~(Y)~~(X) "In-home aide" means a person who does not reside with	111116
the child but provides care in the child's home and is certified	111117
by a county director of job and family services pursuant to	111118
section 5104.12 of the Revised Code to provide publicly funded	111119
child care to a child in a child's own home pursuant to this	111120
chapter and any rules adopted under it.	111121

~~(Z)~~(Y) "Instrument-based program monitoring information	111122
system" means a method to assess compliance with licensing	111123
requirements for child day-care centers and type A family day-care	111124
homes in which each licensing requirement is assigned a weight	111125
indicative of the relative importance of the requirement to the	111126
health, growth, and safety of the children that is used to develop	111127
an indicator checklist.	111128

~~(AA)~~(Z) "License capacity" means the maximum number in each	111129
age category of children who may be cared for in a child day-care	111130
center or type A family day-care home at one time as determined by	111131
the director of job and family services considering building	111132
occupancy limits established by the department of commerce, number	111133
of available child-care staff members, amount of available indoor	111134
floor space and outdoor play space, and amount of available play	111135
equipment, materials, and supplies.	111136

~~(BB)~~(AA) "Licensed preschool program" or "licensed school	111137
child program" means a preschool program or school child program,	111138
as defined in section 3301.52 of the Revised Code, that is	111139
licensed by the department of education pursuant to sections	111140
3301.52 to 3301.59 of the Revised Code.	111141

~~(CC)~~(BB) "Licensee" means the owner of a child day-care	111142
center or type A family day-care home that is licensed pursuant to	111143
this chapter and who is responsible for ensuring its compliance	111144
with this chapter and rules adopted pursuant to this chapter.	111145

~~(DD)~~(CC) "Operate a child day camp" means to operate,	111146
establish, manage, conduct, or maintain a child day camp.	111147

~~(EE)~~(DD) "Owner" includes a person, as defined in section	111148
1.59 of the Revised Code, or government entity.	111149

~~(FF)~~(EE) "Parent cooperative child day-care center," "parent	111150
cooperative center," "parent cooperative type A family day-care	111151
home," and "parent cooperative type A home" mean a corporation or	111152
association organized for providing educational services to the	111153
children of members of the corporation or association, without	111154
gain to the corporation or association as an entity, in which the	111155
services of the corporation or association are provided only to	111156
children of the members of the corporation or association,	111157
ownership and control of the corporation or association rests	111158
solely with the members of the corporation or association, and at	111159
least one parent-member of the corporation or association is on	111160
the premises of the center or type A home during its hours of	111161
operation.	111162

~~(GG)~~(FF) "Part-time child day-care center," "part-time	111163
center," "part-time type A family day-care home," and "part-time	111164
type A home" mean a center or type A home that provides child care	111165
or publicly funded child care for no more than four hours a day	111166
for any child.	111167

~~(HH)~~(GG) "Place of worship" means a building where activities	111168
of an organized religious group are conducted and includes the	111169
grounds and any other buildings on the grounds used for such	111170
activities.	111171

~~(II)~~(HH) "Preschool child" means a child who is three years	111172
old or older but is not a school child.	111173

~~(JJ)~~(II) "Protective child care" means publicly funded child	111174
care for the direct care and protection of a child to whom either	111175
of the following applies:	111176

(1) A case plan prepared and maintained for the child	111177
pursuant to section 2151.412 of the Revised Code indicates a need	111178
for protective care and the child resides with a parent,	111179
stepparent, guardian, or another person who stands in loco	111180
parentis as defined in rules adopted under section 5104.38 of the	111181
Revised Code;	111182

(2) The child and the child's caretaker either temporarily	111183
reside in a facility providing emergency shelter for homeless	111184
families or are determined by the county department of job and	111185
family services to be homeless, and are otherwise ineligible for	111186
publicly funded child care.	111187

~~(KK)~~(JJ) "Publicly funded child care" means administering to	111188
the needs of infants, toddlers, preschool children, and school	111189
children under age thirteen during any part of the	111190
twenty-four-hour day by persons other than their caretaker parents	111191
for remuneration wholly or in part with federal or state funds,	111192
including funds available under the child care block grant act,	111193
Title IV-A, and Title XX, distributed by the department of job and	111194
family services.	111195

~~(LL)~~(KK) "Religious activities" means any of the following:	111196
worship or other religious services; religious instruction; Sunday	111197
school classes or other religious classes conducted during or	111198
prior to worship or other religious services; youth or adult	111199
fellowship activities; choir or other musical group practices or	111200
programs; meals; festivals; or meetings conducted by an organized	111201
religious group.	111202

~~(MM)~~(LL) "School child" means a child who is enrolled in or	111203
is eligible to be enrolled in a grade of kindergarten or above but	111204
is less than fifteen years old.	111205

~~(NN)~~(MM) "School child day-care center," "school child	111206
center," "school child type A family day-care home," and "school	111207
child type A family home" mean a center or type A home that	111208
provides child care for school children only and that does either	111209
or both of the following:	111210

(1) Operates only during that part of the day that	111211
immediately precedes or follows the public school day of the	111212
school district in which the center or type A home is located;	111213

(2) Operates only when the public schools in the school	111214
district in which the center or type A home is located are not	111215
open for instruction with pupils in attendance.	111216

~~(OO)~~(NN) "State median income" means the state median income	111217
calculated by the department of development pursuant to division	111218
(A)(1)(g) of section 5709.61 of the Revised Code.	111219

~~(PP)~~(OO) "Title IV-A" means Title IV-A of the "Social	111220
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	111221

~~(QQ)~~(PP) "Title XX" means Title XX of the "Social Security	111222
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	111223

~~(RR)~~(QQ) "Toddler" means a child who is at least eighteen	111224
months of age but less than three years of age.	111225

~~(SS)~~(RR) "Type A family day-care home" and "type A home" mean	111226
a permanent residence of the administrator in which child care or	111227
publicly funded child care is provided for seven to twelve	111228
children at one time or a permanent residence of the administrator	111229
in which child care is provided for four to twelve children at one	111230
time if four or more children at one time are under two years of	111231
age. In counting children for the purposes of this division, any	111232
children under six years of age who are related to a licensee,	111233
administrator, or employee and who are on the premises of the type	111234
A home shall be counted. "Type A family day-care home" and "type A	111235
home" do not include any child day camp.	111236

~~(TT)~~(SS) "Type B family day-care home" and "type B home" mean	111237
a permanent residence of the provider in which child care is	111238
provided for one to six children at one time and in which no more	111239
than three children are under two years of age at one time. In	111240
counting children for the purposes of this division, any children	111241
under six years of age who are related to the provider and who are	111242
on the premises of the type B home shall be counted. "Type B	111243
family day-care home" and "type B home" do not include any child	111244
day camp.	111245

Sec. 5104.38. In addition to any other rules adopted under	111246
this chapter, the director of job and family services shall adopt	111247
rules in accordance with Chapter 119. of the Revised Code	111248
governing financial and administrative requirements for publicly	111249
funded child care and establishing all of the following:	111250

(A) Procedures and criteria to be used in making	111251
determinations of eligibility for publicly funded child care that	111252
give priority to children of families with lower incomes and	111253
procedures and criteria for eligibility for publicly funded	111254
protective child care. The rules shall specify the maximum amount	111255
of income a family may have for initial and continued eligibility.	111256
The maximum amount shall not exceed two hundred per cent of the	111257
federal poverty line.	111258

(B) Procedures under which a county department of job and	111259
family services may, if the department, under division (A) of this	111260
section, specifies a maximum amount of income a family may have	111261
for eligibility for publicly funded child care that is less than	111262
the maximum amount specified in that division, specify a maximum	111263
amount of income a family residing in the county the county	111264
department serves may have for initial and continued eligibility	111265
for publicly funded child care that is higher than the amount	111266
specified by the department but does not exceed the maximum amount	111267
specified in division (A) of this section;	111268

(C) A schedule of fees requiring all eligible caretaker	111269
parents to pay a fee for publicly funded child care according to	111270
income and family size, which shall be uniform for all types of	111271
publicly funded child care, except as authorized by rule, and, to	111272
the extent permitted by federal law, shall permit the use of state	111273
and federal funds to pay the customary deposits and other advance	111274
payments that a provider charges all children who receive child	111275
care from that provider. The schedule of fees may not provide for	111276
a caretaker parent to pay a fee that exceeds ten per cent of the	111277
parent's family income.	111278

(D) A formula based upon a percentage of the county's total	111279
expenditures for publicly funded child care for determining the	111280
maximum amount of state and federal funds appropriated for	111281
publicly funded child care that a county department may use for	111282
administrative purposes;	111283

(E) Procedures to be followed by the department and county	111284
departments in recruiting individuals and groups to become	111285
providers of child care;	111286

(F) Procedures to be followed in establishing state or local	111287
programs designed to assist individuals who are eligible for	111288
publicly funded child care in identifying the resources available	111289
to them and to refer the individuals to appropriate sources to	111290
obtain child care;	111291

(G) Procedures to deal with fraud and abuse committed by	111292
either recipients or providers of publicly funded child care;	111293

(H) Procedures for establishing a child care grant or loan	111294
program in accordance with the child care block grant act;	111295

(I) Standards and procedures for applicants to apply for	111296
grants and loans, and for the department to make grants and loans;	111297

(J) A definition of "person who stands in loco parentis" for	111298
the purposes of division ~~(JJ)~~(II)(1) of section 5104.01 of the	111299
Revised Code;	111300

(K) Procedures for a county department of job and family	111301
services to follow in making eligibility determinations and	111302
redeterminations for publicly funded child care available through	111303
telephone, computer, and other means at locations other than the	111304
county department;	111305

(L) Any other rules necessary to carry out sections 5104.30	111306
to 5104.39 of the Revised Code.	111307

Section 115.11. That existing sections 5104.01 and 5104.38	111308
of the Revised Code are hereby repealed.	111309

Section 115.12. Sections 115.10 and 115.11 take effect July	111310
1, 2011.	111311

Section 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43,	111312
5112.44, 5112.45, 5112.451, 5112.46, 5112.47, and 5112.48 of the	111313
Revised Code are hereby repealed, effective October 1, 2011.	111314

Section 201.01. Except as otherwise provided in this act,	111315
all appropriation items in this act are appropriated out of any	111316
moneys in the state treasury to the credit of the designated fund	111317
that are not otherwise appropriated. For all appropriations made	111318
in this act, the amounts in the first column are for fiscal year	111319
2010 and the amounts in the second column are for fiscal year	111320
2011.	111321

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

111322

General Services Fund Group	111323

4J80	889601	CPA Education Assistance	$	325,000	$	325,000	111324
4K90	889609	Operating Expenses	$	1,117,000	$	1,117,000	111325
TOTAL GSF General Services Fund							111326
Group			$	1,442,000	$	1,442,000	111327
TOTAL ALL BUDGET FUND GROUPS			$	1,442,000	$	1,442,000	111328

Section 205.10. ADJ ADJUTANT GENERAL

111330

General Revenue Fund	111331

GRF	745401	Ohio Military Reserve	$	13,675	$	13,675	111332
GRF	745404	Air National Guard	$	2,010,606	$	2,010,606	111333
GRF	745407	National Guard Benefits	$	500,000	$	500,000	111334
GRF	745409	Central Administration	$	3,105,784	$	3,105,784	111335
GRF	745499	Army National Guard	$	6,008,551	$	6,008,551	111336
TOTAL GRF General Revenue Fund			$	11,638,616	$	11,638,616	111337

General Services Fund Group	111338

5340	745612	Property Operations/Management	$	1,000,000	$	1,000,000	111339
5360	745605	Marksmanship Activities	$	128,600	$	128,600	111340
5360	745620	Camp Perry/Buckeye Inn Operations	$	1,502,970	$	1,502,970	111341
5370	745604	Ohio National Guard Facility Maintenance	$	269,826	$	269,826	111342
TOTAL GSF General Services Fund Group			$	2,901,396	$	2,901,396	111343

Federal Special Revenue Fund Group	111344

3410	745615	Air National Guard Base Security	$	2,777,692	$	2,777,692	111345
3420	745616	Army National Guard Agreement	$	10,970,050	$	10,970,050	111346
3E80	745628	Air National Guard Agreement	$	16,048,595	$	16,048,595	111347
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	111348
TOTAL FED Federal Special Revenue Fund Group			$	29,821,337	$	29,821,337	111349

State Special Revenue Fund Group	111350

5U80	745613		Community Match Armories		$	320,000		$	345,600		111351
TOTAL SSR State Special Revenue Fund Group					$	320,000		$	345,600		111352

TOTAL ALL BUDGET FUND GROUPS

44,681,349

44,706,949

111353

NATIONAL GUARD BENEFITS

111354

The foregoing appropriation item 745407, National Guard	111355
Benefits, shall be used for purposes of sections 5919.31 and	111356
5919.33 of the Revised Code, and for administrative costs of the	111357
associated programs.	111358

For active duty members of the Ohio National Guard who died	111359
after October 7, 2001, while performing active duty, the death	111360
benefit, pursuant to section 5919.33 of the Revised Code, shall be	111361
paid to the beneficiary or beneficiaries designated on the	111362
member's Servicemembers' Group Life Insurance Policy.	111363

STATE ACTIVE DUTY COSTS

111364

Of the foregoing appropriation item 745409, Central	111365
Administration, $50,000 in each fiscal year shall be used for the	111366
purpose of paying expenses related to state active duty of members	111367
of the Ohio organized militia, in accordance with a proclamation	111368
of the Governor. Expenses include, but are not limited to, the	111369
cost of equipment, supplies, and services, as determined by the	111370
Adjutant General's Department.	111371

Section 205.20. FUND ABOLITION

111372

On July 1, 2009, or as soon as possible thereafter, the	111373
Director of Budget and Management, upon request by the Adjutant	111374
General, shall transfer the cash balance in the Marksmanship	111375
Activities Fund (Fund 5280) to the Camp Perry/Buckeye Inn	111376
Operations Fund (Fund 5360). The Director shall cancel any	111377
existing encumbrances against appropriation item 745645,	111378
Marksmanship Activities, and re-establish them against	111379
appropriation item 745620, Camp Perry/Buckeye Inn Operations. The	111380
re-established encumbrance amounts are hereby appropriated. Upon	111381
completion of the transfer, Fund 5280 is abolished.	111382

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

111383

General Revenue Fund	111384

GRF	100403	School Employees Health Care Board	$	1,128,600	$	1,128,600	111385
GRF	100405	Agency Audit Expenses	$	312,075	$	312,075	111386
GRF	100415	OAKS Rental Payments	$	18,607,000	$	21,728,000	111387
GRF	100416	STARS Lease Rental Payments	$	4,977,600	$	7,638,500	111388
GRF	100417	EEO Project Tracking Software-Federal	$	0	$	100,000	111389
GRF	100418	Web Sites and Business Gateway	$	3,843,074	$	3,143,076	111390
GRF	100419	IT Security Infrastructure	$	1,211,250	$	1,211,250	111391
GRF	100421	OAKS Project Implementation	$	202,500	$	202,500	111392
GRF	100422	Croson Disparity Study	$	500,000	$	500,000	111393
GRF	100433	State of Ohio Computer Center	$	6,736,752	$	6,736,752	111394
GRF	100439	Equal Opportunity Certification Programs	$	712,724	$	712,724	111395
GRF	100447	OBA - Building Rent Payments	$	102,635,400	$	97,712,600	111396
GRF	100448	OBA - Building Operating Payments	$	25,603,000	$	25,603,000	111397
GRF	100449	DAS - Building Operating Payments	$	3,271,384	$	3,271,384	111398
GRF	100451	Minority Affairs	$	50,016	$	50,016	111399
GRF	100734	Major Maintenance - State Buildings	$	37,800	$	37,800	111400
GRF	102321	Construction Compliance	$	1,108,744	$	1,108,744	111401
GRF	130321	State Agency Support Services	$	4,039,578	$	4,039,578	111402
TOTAL GRF General Revenue Fund			$	174,977,497	$	175,236,599	111403

General Services Fund Group	111404

1120	100616	DAS Administration	$	5,299,427	$	5,299,427	111405
1150	100632	Central Service Agency	$	928,403	$	928,403	111406
1170	100644	General Services Division - Operating	$	14,384,751	$	14,574,622	111407
1220	100637	Fleet Management	$	2,032,968	$	2,032,968	111408
1250	100622	Human Resources Division - Operating	$	27,162,320	$	27,998,410	111409
1280	100620	Collective Bargaining	$	3,662,534	$	3,662,534	111410
1300	100606	Risk Management Reserve	$	5,568,548	$	5,568,548	111411
1310	100639	State Architect's Office	$	8,292,759	$	8,331,498	111412
1320	100631	DAS Building Management	$	10,166,228	$	10,166,228	111413
1330	100607	IT Services Delivery	$	78,582,948	$	77,067,948	111414
1880	100649	Equal Opportunity Division - Operating	$	1,384,650	$	1,384,650	111415
2100	100612	State Printing	$	17,224,494	$	17,263,080	111416
2290	100630	IT Governance	$	15,431,411	$	15,743,306	111417
2290	100640	Leveraged Enterprise Purchases	$	10,000,000	$	10,000,000	111418
4270	100602	Investment Recovery	$	5,683,564	$	5,683,564	111419
4N60	100617	Major IT Purchases	$	8,460,134	$	1,950,000	111420
4P30	100603	DAS Information Services	$	4,958,218	$	4,958,218	111421
5C20	100605	MARCS Administration	$	15,852,314	$	16,363,179	111422
5C30	100608	Skilled Trades	$	934,982	$	934,982	111423
5DQ0	100638	Administrative Hearings	$	200,000	$	200,000	111424
5EB0	100635	OAKS Support Organization	$	16,726,421	$	18,384,412	111425
5L70	100610	Professional Development	$	3,900,000	$	3,900,000	111426
5V60	100619	Employee Educational Development	$	936,129	$	936,129	111427
5X30	100634	Centralized Gateway Enhancement	$	3,676,956	$	2,052,308	111428
TOTAL GSF General Services Fund							111429
Group			$	261,450,159	$	255,384,414	111430
TOTAL ALL BUDGET FUND GROUPS			$	436,427,656	$	430,621,013	111431

Section 207.10.05. SCHOOL EMPLOYEES HEALTH CARE BOARD

111433

The foregoing appropriation item 100403, School Employees	111434
Health Care Board, shall be used by the School Employees Health	111435
Care Board to hire staff to provide administrative support to the	111436
Board as the Board carries out its duties under section 9.901 of	111437
the Revised Code.	111438

Section 207.10.10. AGENCY AUDIT EXPENSES

111439

The foregoing appropriation item 100405, Agency Audit	111440
Expenses, shall be used for auditing expenses designated in	111441
division (A)(1) of section 117.13 of the Revised Code for those	111442
state agencies audited on a biennial basis.	111443

Section 207.10.20. OAKS RENTAL PAYMENTS

111444

The foregoing appropriation item 100415, OAKS Rental	111445
Payments, shall be used for payments for the period from July 1,	111446
2009, through June 30, 2011, pursuant to leases and agreements	111447
entered into under Chapter 125. of the Revised Code, as	111448
supplemented by Section 503.10 of Am. Sub. H.B. 496 and Section	111449
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly with	111450
respect to financing the costs associated with the acquisition,	111451
development, installation, and implementation of the Ohio	111452
Administrative Knowledge System. If it is determined that	111453
additional appropriations are necessary for this purpose, the	111454
amounts are hereby appropriated.	111455

Section 207.10.30. STATE TAXATION ACCOUNTING AND REVENUE	111456
SYSTEM	111457

The Office of Information Technology, in conjunction with	111458
the Department of Taxation, may acquire the State Taxation	111459
Accounting and Revenue System (STARS) pursuant to Chapter 125. of	111460
the Revised Code, including, but not limited to, the application	111461
software and installation and implementation thereof, for the use	111462
of the Department of Taxation. STARS is an integrated tax	111463
collection and audit system that will replace all of the state's	111464
existing separate tax software and administration systems for the	111465
various taxes collected by the state. Any lease-purchase	111466
arrangement used under Chapter 125. of the Revised Code to acquire	111467
STARS, including any fractionalized interests therein as defined	111468
in division (N) of section 133.01 of the Revised Code, shall	111469
provide that at the end of the lease period, STARS becomes the	111470
property of the state.	111471

Section 207.10.40. STARS LEASE RENTAL PAYMENTS

111472

The foregoing appropriation item 100416, STARS Lease Rental	111473
Payments, shall be used for payments for the period from July 1,	111474
2009, through June 30, 2011, pursuant to leases and agreements	111475
entered into under Chapter 125. of the Revised Code, as	111476
supplemented by Section 757.10 of Am. Sub. H.B. 119 of the 127th	111477
General Assembly, with respect to financing the cost associated	111478
with the acquisition, development, installation, and	111479
implementation of the State Taxation Accounting and Revenue	111480
System (STARS). If it is determined that additional appropriations	111481
are necessary for this purpose, the amounts are appropriated.	111482

Section 207.10.45. WEB SITES AND BUSINESS GATEWAY

111483

Of the foregoing appropriation item 100418, Web Sites and	111484
Business Gateway, $900,000 in fiscal year 2010 and $200,000 in	111485
fiscal year 2011 shall be used by the Department of Administrative	111486
Services to develop and maintain the web site required under	111487
section 125.20 of the Revised Code.	111488

Section 207.10.50. BUILDING RENT PAYMENTS

111489

The foregoing appropriation item 100447, OBA - Building Rent	111490
Payments, shall be used to meet all payments at the times they are	111491
required to be made during the period from July 1, 2009, to June	111492
30, 2011, by the Department of Administrative Services to the Ohio	111493
Building Authority pursuant to leases and agreements under Chapter	111494
152. of the Revised Code. These appropriations are the source of	111495
funds pledged for bond service charges on obligations issued	111496
pursuant to Chapter 152. of the Revised Code.	111497

The foregoing appropriation item 100448, OBA - Building	111498
Operating Payments, shall be used to meet all payments at the	111499
times that they are required to be made during the period from	111500
July 1, 2009, to June 30, 2011, by the Department of	111501
Administrative Services to the Ohio Building Authority pursuant to	111502
leases and agreements under Chapter 152. of the Revised Code, but	111503
limited to the aggregate amount of $51,206,000.	111504

The payments to the Ohio Building Authority are for paying	111505
the expenses of agencies that occupy space in various state	111506
facilities. The Department of Administrative Services may enter	111507
into leases and agreements with the Ohio Building Authority	111508
providing for the payment of these expenses. The Ohio Building	111509
Authority shall report to the Department of Administrative	111510
Services and the Office of Budget and Management not later than	111511
five months after the start of each fiscal year the actual	111512
expenses incurred by the Ohio Building Authority in operating the	111513
facilities and any balances remaining from payments and rentals	111514
received in the prior fiscal year. The Department of	111515
Administrative Services shall reduce subsequent payments by the	111516
amount of the balance reported to it by the Ohio Building	111517
Authority.	111518

Section 207.10.60. DAS - BUILDING OPERATING PAYMENTS

111519

The foregoing appropriation item 100449, DAS - Building	111520
Operating Payments, shall be used to pay the rent expenses of	111521
veterans organizations pursuant to section 123.024 of the Revised	111522
Code in fiscal years 2010 and 2011.	111523

The foregoing appropriation item, 100449, DAS - Building	111524
Operating Payments, also may be used to provide funding for the	111525
cost of property appraisals or building studies that the	111526
Department of Administrative Services may be required to obtain	111527
for property that is being sold by the state or property under	111528
consideration to be renovated or purchased by the state.	111529

Notwithstanding section 125.28 of the Revised Code, the	111530
remaining portion of the appropriation may be used to pay the	111531
operating expenses of state facilities maintained by the	111532
Department of Administrative Services that are not billed to	111533
building tenants. These expenses may include, but are not limited	111534
to, the costs for vacant space and space undergoing renovation,	111535
and the rent expenses of tenants that are relocated because of	111536
building renovations. These payments shall be processed by the	111537
Department of Administrative Services through intrastate transfer	111538
vouchers and placed in the Building Management Fund (Fund 1320).	111539

Notwithstanding division (A)(1) of section 125.28 of the	111540
Revised Code, the Department of Administrative Services may use	111541
the Building Management Fund (Fund 1320) to support utility costs	111542
at the State of Ohio Computer Center that exceed the available	111543
appropriation in appropriation item 100433, State of Ohio Computer	111544
Center.	111545

Section 207.10.70. CENTRAL SERVICE AGENCY FUND

111546

The appropriation item 100632, Central Service Agency, shall	111547
be used to purchase the equipment, products, and services that are	111548
needed to maintain automated applications for the professional	111549
licensing boards and to support board licensing functions in	111550
fiscal years 2010 and 2011. The Department of Administrative	111551
Services shall establish charges for recovering the costs of	111552
carrying out these functions. The charges shall be billed to the	111553
professional licensing boards and deposited via intrastate	111554
transfer vouchers to the credit of the Central Service Agency Fund	111555
(Fund 1150). Total Department of Administrative Services charges	111556
for the maintenance and support of the licensing system shall not	111557
exceed $363,678 in each fiscal year of the biennium.	111558

Section 207.10.80. CENTRAL SERVICE AGENCY CONSOLIDATION	111559
INITIATIVE	111560

Of the foregoing appropriation item 130321, State Agency	111561
Support Services, $308,230 in fiscal year 2010 and $235,230 in	111562
fiscal year 2011 shall be used by the Department of Administrative	111563
Services for the Central Service Agency Consolidation initiative.	111564

Section 207.10.90. EXPANDED FUNCTIONS OF THE CENTRAL SERVICE	111565
AGENCY	111566

Notwithstanding any contrary provision of law, on July 1,	111567
2009, or as soon as possible thereafter, the Central Service	111568
Agency shall review the services the Agency performs on behalf of	111569
the boards and commissions named in division (A) of section 125.22	111570
of the Revised Code and the fiscal condition of those boards and	111571
commissions with those boards and commissions. The Agency, in	111572
consultation with the boards and commissions, shall thereafter	111573
provide recommendations to the Director of Budget and Management	111574
regarding consolidation of human resources, fiscal, and	111575
information technology functions to achieve administrative cost	111576
savings and efficiency. The Agency shall develop and enter into	111577
service level agreements and agency specific addendums thereto	111578
with the boards and commissions named in division (A) of section	111579
125.22 of the Revised Code. The Agency and the boards and	111580
commissions shall develop a resolution process for settling any	111581
disagreements. The resolution process shall be included in the	111582
service level agreements. The service level agreements, and any	111583
board and commission specific addendums thereto, shall be signed	111584
by a representative of the board or commission and the Agency. An	111585
agreement or addendum may require the transfer of the board's or	111586
commission's employees and assets and may require the boards and	111587
commissions to enter into agreements to share office equipment,	111588
office space, or other assets to the extent such an agreement	111589
would create efficiencies or savings in human resources, fiscal,	111590
or information technology expenses.	111591

This section shall not be interpreted as a grant of	111592
authority to the Agency to supersede or replace the boards or	111593
commissions in the performance of their respective statutory	111594
duties, but shall be interpreted to focus on functions that are	111595
not evident to the licensees of the boards and commissions,	111596
registrants, or customers and so as not to interfere with the	111597
protection of the public.	111598

The Director of Budget and Management shall take budget	111599
actions necessary to implement the service level agreements and	111600
addendums thereto signed by the respective boards and commissions	111601
and the Agency. The Director of Administrative Services shall	111602
ensure that the service level agreements and addendums thereto are	111603
properly implemented.	111604

Section 207.20.10. GENERAL SERVICE CHARGES

111605

The Department of Administrative Services, with the approval	111606
of the Director of Budget and Management, shall establish charges	111607
for recovering the costs of administering the programs funded by	111608
the General Services Fund (Fund 1170) and the State Printing Fund	111609
(Fund 2100). Such charges within Fund 1170 may be used to recover	111610
the cost of paying a vendor to establish reduced pricing for	111611
contracted supplies or services.	111612

If the Director of Administrative Services determines that	111613
additional amounts are necessary to pay for consulting and	111614
administrative costs related to securing lower pricing, the	111615
Director of Administrative Services may request that the Director	111616
of Budget and Management approve additional expenditures. Such	111617
approved additional amounts are appropriated to appropriation item	111618
100644, General Services Division-Operating.	111619

Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION	111620
EXPENSES	111621

With approval of the Director of Budget and Management, the	111622
Department of Administrative Services may seek reimbursement from	111623
state agencies for the actual costs and expenses the Department	111624
incurs in the collective bargaining arbitration process. The	111625
reimbursements shall be processed through intrastate transfer	111626
vouchers and credited to the Collective Bargaining Fund (Fund	111627
1280).	111628

Section 207.20.30. BROADBAND OHIO

111629

Any unencumbered, unexpended amounts of the foregoing	111630
appropriation item 100607, IT Services Delivery, that were	111631
allocated for implementation of the NextGen Network in fiscal	111632
years 2008 and 2009 are hereby reappropriated for the same purpose	111633
in fiscal years 2010 and 2011.	111634

Section 207.20.40. EQUAL OPPORTUNITY PROGRAM

111635

The Department of Administrative Services, with the approval	111636
of the Director of Budget and Management, shall establish charges	111637
for recovering the costs of administering the activities supported	111638
by the State EEO Fund (Fund 1880). These charges shall be	111639
deposited to the credit of the State EEO Fund (Fund 1880) upon	111640
payment made by state agencies, state-supported or state-assisted	111641
institutions of higher education, and tax-supported agencies,	111642
municipal corporations, and other political subdivisions of the	111643
state, for services rendered.	111644

Section 207.20.50. MERCHANDISE RESALE FUND ABOLISHMENT

111645

On July 1, 2009, or as soon as possible thereafter, the	111646
Director of Budget and Management shall transfer the cash balance,	111647
functions, assets, and liabilities of the Merchandise Resale Fund	111648
(Fund 2010) to the State Printing Fund (Fund 2100). The Director	111649
of Budget and Management shall cancel any existing encumbrances	111650
against appropriation item 100653, General Services Resale	111651
Merchandise, and re-establish them against appropriation item	111652
100612, State Printing. The re-established encumbrances are	111653
appropriated. Upon completion of the transfer, Fund 2010 is	111654
abolished.	111655

The State Printing Fund is thereupon and thereafter successor	111656
to, assumes the obligations of, and otherwise constitutes the	111657
continuation of the Merchandise Resale Fund. Any business	111658
commenced but not completed pertaining to the Merchandise for	111659
Resale Fund by July 1, 2009, shall be completed within the State	111660
Printing Fund in the same manner and with the same effect as if it	111661
were completed within the Merchandise for Resale Fund. All of the	111662
rules, orders, and determinations associated with the Merchandise	111663
for Resale Fund continue in effect as rules, orders, and	111664
determinations associated with the State Printing Fund until	111665
modified or rescinded by the Director of Administrative Services.	111666
If necessary to ensure the integrity of the Administrative Code,	111667
the Director of the Legislative Service Commission shall renumber	111668
the rules relating to the Merchandise for Resale Fund to reflect	111669
its transfer to the State Printing Fund.	111670

On and after July 1, 2009, when the Merchandise for Resale	111671
Fund is referred to in any statute, rule, contract, grant or other	111672
document, the reference is hereby deemed to refer to the State	111673
Printing Fund.	111674

Section 207.20.60. LEVERAGED ENTERPRISE PURCHASE PROGRAM	111675
FUNDING	111676

The foregoing appropriation item 100640, Leveraged Enterprise	111677
Purchases, may be used by the Director of Administrative Services	111678
to operate a Leveraged Enterprise Purchases Program to make	111679
enterprise-wide information technology purchases. The Director of	111680
Administrative Services may recover the cost of operating such a	111681
program from all participating government entities through	111682
intrastate transfer voucher billings for each applicable	111683
procurement, or the Director may use any pass-through billing	111684
method agreed to by the Director of Administrative Services, the	111685
Director of Budget and Management, and the participating	111686
government entities that will receive the applicable procurement.	111687
If the Director of Administrative Services chooses to recover the	111688
costs through intrastate transfer voucher billings, the	111689
participating government entities shall process the intrastate	111690
transfer vouchers to pay for the cost.	111691

Amounts received under this section for the Leveraged	111692
Enterprise Purchases Program shall be deposited to the credit of	111693
the IT Governance Fund (Fund 2290).	111694

Section 207.20.70. INFORMATION TECHNOLOGY ASSESSMENT

111695

The Director of Administrative Services, with the approval	111696
of the Director of Budget and Management, may establish an	111697
information technology assessment for the purpose of recovering	111698
the cost of selected infrastructure and statewide programs. The	111699
information technology assessment shall be charged to all	111700
organized bodies, offices, or agencies established by the laws of	111701
the state for the exercise of any function of state government	111702
except for the General Assembly, any legislative agency, the	111703
Supreme Court, the other courts of record in Ohio, or any	111704
judicial agency, the Adjutant General, the Bureau of Workers'	111705
Compensation, and institutions administered by a board of	111706
trustees. Any state-entity exempted by this section may use the	111707
infrastructure or statewide program by participating in the	111708
information technology assessment. All charges for the	111709
information technology assessment shall be deposited to the	111710
credit of the IT Governance Fund (Fund 2290).	111711

Section 207.20.80. INVESTMENT RECOVERY FUND

111712

Notwithstanding division (B) of section 125.14 of the Revised	111713
Code, cash balances in the Investment Recovery Fund (Fund 4270)	111714
may be used to support the operating expenses of the Federal	111715
Surplus Operating Program created in sections 125.84 to 125.90 of	111716
the Revised Code.	111717

Notwithstanding division (B) of section 125.14 of the Revised	111718
Code, cash balances in the Investment Recovery Fund may be used to	111719
support the operating expenses of the Asset Management Services	111720
Program, including, but not limited to, the cost of establishing	111721
and maintaining procedures for inventory records for state	111722
property as described in section 125.16 of the Revised Code.	111723

Of the foregoing appropriation item 100602, Investment	111724
Recovery, up to $2,093,564 in fiscal year 2010 and up to	111725
$2,107,388 in fiscal year 2011 shall be used to pay the operating	111726
expenses of the State Surplus Property Program, the Surplus	111727
Federal Property Program, and the Asset Management Services	111728
Program under Chapter 125. of the Revised Code and this section.	111729
If additional appropriations are necessary for the operations of	111730
these programs, the Director of Administrative Services shall seek	111731
increased appropriations from the Controlling Board under section	111732
131.35 of the Revised Code.	111733

Of the foregoing appropriation item 100602, Investment	111734
Recovery, $3,590,000 in fiscal year 2010 and $3,576,176 in fiscal	111735
year 2011 shall be used to transfer proceeds from the sale of	111736
surplus property from the Investment Recovery Fund to non-General	111737
Revenue Funds under division (A)(2) of section 125.14 of the	111738
Revised Code. If it is determined by the Director of	111739
Administrative Services that additional amounts are necessary for	111740
the transfer of such sale proceeds, the Director of Administrative	111741
Services may request the Director of Budget and Management to	111742
authorize additional amounts. Such authorized additional amounts	111743
are hereby appropriated.	111744

Section 207.20.90. DAS INFORMATION SERVICES

111745

There is hereby established in the State Treasury the DAS	111746
Information Services Fund. The foregoing appropriation item	111747
100603, DAS Information Services, shall be used to pay the costs	111748
of providing information systems and services in the Department of	111749
Administrative Services. Any state agency, board, or commission	111750
may use DAS Information Services by paying for the services	111751
rendered.	111752

The Department of Administrative Services shall establish	111753
user charges for all information systems and services that are	111754
allowable in the statewide indirect cost allocation plan submitted	111755
annually to the United States Department of Health and Human	111756
Services. These charges shall comply with federal regulations and	111757
shall be deposited to the credit of the DAS Information Services	111758
Fund (Fund 4P30).	111759

Section 207.30.10. ADMINISTRATIVE HEARINGS

111760

There is hereby created in the State Treasury the	111761
Administrative Hearings Fund (Fund 5DQ0). The fund shall be under	111762
the supervision of the Department of Administrative Services and	111763
shall be used to pay the costs of operating shared, centralized	111764
administrative-adjudicatory services in the Department of	111765
Administrative Services. Money collected from charges to state	111766
agencies for adjudicatory services provided by the Department of	111767
Administrative Services shall be credited to the fund. The	111768
foregoing appropriation item 100638, Administrative Hearings,	111769
shall be used to make payments from the fund.	111770

With the approval of the Director of Budget and Management,	111771
the Department of Administrative Services shall establish user	111772
charges to recover the costs of providing adjudicatory services in	111773
fiscal years 2010 and 2011. The charges shall be established at	111774
amounts sufficient to pay the costs of providing services and an	111775
amount to provide operating cash flow for the fund. The charges	111776
shall be billed to state agencies that receive	111777
administrative-adjudicatory services and deposited via intrastate	111778
transfer vouchers to the credit of the Administrative Hearings	111779
Fund (Fund 5DQ0).	111780

The Director of Administrative Services shall submit a	111781
spending plan to the Director of Budget and Management to justify	111782
operating transfers to Fund 5DQ0 from the operating funds of state	111783
agencies that receive administrative-adjudicatory services. The	111784
spending plan shall identify the state agencies participating in	111785
the initial receipt of administrative-adjudicatory services, the	111786
proportion of services to be received by each agency, and the	111787
funding source from which the operating transfer shall be made.	111788
Upon approval of the plan, the Director of Budget and Management	111789
may transfer an amount in cash, not to exceed a total of $200,000,	111790
from the funds identified in the plan to Fund 5DQ0. The amounts	111791
shall support the establishment of an Office of Administrative	111792
Hearings.	111793

The Director of Administrative Services shall prepare a plan	111794
for the return of cash balances transferred from the operating	111795
funds of state agencies that receive administrative-adjudicatory	111796
services under this section. This plan shall be submitted to the	111797
Director of Budget and Management when the Department of	111798
Administrative Services files with the Director of Budget and	111799
Management its estimate of proposed expenditures for the biennium	111800
beginning July 1, 2011. Upon approval of the plan, the Director of	111801
Budget and Management shall make the cash transfers specified in	111802
the plan.	111803

Section 207.30.30. CASH TRANSFER TO OAKS SUPPORT	111804
ORGANIZATION FUND	111805

The Director of Budget and Management may transfer	111806
$1,317,922.16 in cash from the IT Services Delivery Fund (Fund	111807
1330) to the OAKS Support Organization Fund (5EB0) to correct an	111808
intrastate transfer voucher from the Department of Administrative	111809
Services that was deposited in the IT Services Delivery Fund.	111810

Section 207.30.40. PROFESSIONAL DEVELOPMENT FUND

111811

The foregoing appropriation item 100610, Professional	111812
Development, shall be used to make payments from the Professional	111813
Development Fund (Fund 5L70) under section 124.182 of the Revised	111814
Code.	111815

Section 207.30.50. EMPLOYEE EDUCATIONAL DEVELOPMENT

111816

The foregoing appropriation item 100619, Employee	111817
Educational Development, shall be used to make payments from the	111818
Employee Educational Development Fund (Fund 5V60) under section	111819
124.86 of the Revised Code. The fund shall be used to pay the	111820
costs of administering educational programs under existing	111821
collective bargaining agreements with District 1199, the Health	111822
Care and Social Service Union; State Council of Professional	111823
Educators; Ohio Education Association and National Education	111824
Association; the Fraternal Order of Police Ohio Labor Council,	111825
Unit 2; and the Ohio State Troopers Association, Units 1 and 15.	111826

If it is determined by the Director of Administrative	111827
Services that additional amounts are necessary, the Director of	111828
Administrative Services may request that the Director of Budget	111829
and Management approve additional amounts. Such approved	111830
additional amounts are hereby appropriated.	111831

Section 207.30.60. CENTRALIZED GATEWAY ENHANCEMENT FUND

111832

(A) As used in this section, "Ohio Business Gateway" refers	111833
to the internet-based system operated by the Department of	111834
Administrative Services with the advice of the Ohio Business	111835
Gateway Steering Committee established under section 5703.57 of	111836
the Revised Code. The Ohio Business Gateway is established to	111837
provide businesses a central web site where various filings and	111838
payments are submitted on-line to government. The information is	111839
then distributed to the various government entities that	111840
interact with the business community.	111841

(B) As used in this section:

111842

(1) "State Portal" refers to the official web site of the	111843
state, operated by the Department of Administrative Services.	111844

(2) "Shared Hosting Environment" refers to the computerized	111845
system operated by the Department of Administrative Services for	111846
the purpose of providing capability for state agencies to host	111847
web sites.	111848

(C) There is hereby created in the state treasury the	111849
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing	111850
appropriation item 100634, Centralized Gateway Enhancement, shall	111851
be used by the Department of Administrative Services to pay the	111852
costs of enhancing, expanding, and operating the infrastructure	111853
of the Ohio Business Gateway, State Portal, and Shared Hosting	111854
Environment. The Director of Administrative Services shall submit	111855
spending plans to the Director of Budget and Management to	111856
justify operating transfers to the fund from the General	111857
Revenue Fund. Upon approval, the Director of Budget and	111858
Management shall transfer approved amounts to the fund, not to	111859
exceed the amount of the annual appropriation in each fiscal	111860
year. The spending plans may be based on the recommendations of	111861
the Ohio Business Gateway Steering Committee or its successor.	111862

Section 207.30.70. MAJOR IT PURCHASES AND CONTRACTS

111863

The Director of Administrative Services shall compute the	111864
amount of revenue attributable to the amortization of all	111865
equipment purchases and capitalized systems from appropriation	111866
item 100607, IT Services Delivery; appropriation item 100617,	111867
Major IT Purchases; and appropriation item C10014, Major Computer	111868
Purchases, which is recovered by the Department of Administrative	111869
Services as part of the rates charged by the IT Service Delivery	111870
Fund (Fund 1330) created in section 125.15 of the Revised Code.	111871
The Director of Budget and Management may transfer cash in an	111872
amount not to exceed the amount of amortization computed from	111873
the IT Service Delivery Fund (Fund 1330) to the Major IT	111874
Purchases Fund (Fund 4N60).	111875

Section 207.30.80. CASH TRANSFERS FROM THE MAJOR IT PURCHASES	111876
FUND	111877

Upon request of the Director of Administrative Services, the	111878
Director of Budget and Management may make the following transfers	111879
from the Major IT Purchases Fund (Fund 4N60):	111880

(1) Up to $2,800,000 in each fiscal year of the biennium to	111881
the State Architect's Fund (Fund 1310) to support the OAKS Capital	111882
Improvements Module and other costs of the State Architect's	111883
Office that are not directly related to capital projects managed	111884
by the State Architect;	111885

(2) Up to $457,467 in fiscal year 2010 and up to $471,630 in	111886
fiscal year 2011 to the Director's Office Fund (Fund 1120) to	111887
support operating expenses of the Accountability and Results	111888
Initiative;	111889

(3) Up to $4,000,000 in fiscal year 2010 and up to $1,000,000	111890
in fiscal year 2011 to the OAKS Support Organization Fund (Fund	111891
5EB0) to support OAKS operating costs not billed to the Office of	111892
Budget and Management's Accounting and Budgeting Fund (Fund 1050),	111893
to the Department of Administrative Services' Human Resources	111894
Services Fund (Fund 1250), or paid from other funds of the	111895
Department of Administrative Services; and	111896

(4) Up to $639,945 in each fiscal year of the biennium to the	111897
General Revenue Fund.	111898

Upon approval of the Director of Budget and Management, the	111899
transferred amounts to non-GRF funds are appropriated in the	111900
designated fiscal years to the following appropriation items:	111901
100639, State Architect's Office (Fund 1310) in each fiscal year	111902
2010 and fiscal year 2011; 100616, DAS Administration (Fund	111903
1120) in both fiscal year 2010 and fiscal year 2011; and 100635,	111904
OAKS Support Organization (Fund 5EB0) in fiscal year 2010 only.	111905

Section 207.30.90. CORRECTIVE CASH TRANSFER TO INFORMATION	111906
TECHNOLOGY FUND	111907

On July 1, 2009, or as soon as possible thereafter, the	111908
Director of Budget and Management shall transfer $7,768.37 in cash	111909
from the Unemployment Compensation Fund (Fund 1130) to the	111910
Information Technology Fund (Fund 1330). This transfer corrects a	111911
deposit of revenue that was made to Fund 1130. Upon completion of	111912
the transfer, Fund 1130 is abolished.	111913

Section 207.40.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	111914
DEBT SERVICE PAYMENTS	111915

The Director of Administrative Services, in consultation with	111916
the Multi-Agency Radio Communication System (MARCS) Steering	111917
Committee and the Director of Budget and Management, shall	111918
determine the share of debt service payments attributable to	111919
spending for MARCS components that are not specific to any one	111920
agency and that shall be charged to agencies supported by the	111921
motor fuel tax. Such share of debt service payments shall be	111922
calculated for MARCS capital disbursements made beginning July 1,	111923
1997. Within thirty days of any payment made from appropriation	111924
item 100447, OBA - Building Rent Payments, the Director of	111925
Administrative Services shall certify to the Director of Budget	111926
and Management the amount of this share. The Director of Budget	111927
and Management shall transfer such amounts to the General Revenue	111928
Fund from the State Highway Safety Fund (Fund 7036) established in	111929
section 4501.06 of the Revised Code.	111930

The Director of Administrative Services shall consider	111931
renting or leasing existing tower sites at reasonable or current	111932
market rates, so long as these existing sites are equipped with	111933
the technical capabilities to support the MARCS project.	111934

Section 207.40.20. ACCOUNTABILITY AND RESULTS FUND

111935

There is hereby created in the state treasury the	111936
Accountability and Results Fund (Fund 5GD0) for use by the	111937
Department of Administrative Services. The Accountability and	111938
Results Fund shall consist of gifts, grants, devises, bequests,	111939
and other financial contributions made to the Department of	111940
Administrative Services for the purchase of services, supplies, or	111941
equipment for the Accountability and Results Initiative. All	111942
investment earnings of the fund shall be credited to the fund.	111943

Section 207.40.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

111944

Whenever the Director of Administrative Services declares a	111945
"public exigency," as provided in division (C) of section 123.15	111946
of the Revised Code, the Director shall also notify the members of	111947
the Controlling Board.	111948

Section 207.40.40. GRF TRANSFER TO STATE EQUAL EMPLOYMENT	111949
OPPORTUNITY FUND	111950

On July 1 of each fiscal year, or as soon as possible	111951
thereafter, the Director of Budget and Management shall transfer	111952
$500,000 cash from the General Revenue Fund to the State Equal	111953
Employment Opportunity Fund (Fund 1880) used by the Department of	111954
Administrative Services.	111955

Section 209.10. AGE DEPARTMENT OF AGING

111956

General Revenue Fund	111957

GRF	490321	Operating Expenses	$	2,109,817	$	2,109,817	111958
GRF	490409	AmeriCorps Operations	$	147,034	$	147,034	111959
GRF	490410	Long-Term Care Ombudsman	$	535,857	$	535,857	111960
GRF	490411	Senior Community Services	$	8,434,134	$	8,434,134	111961
GRF	490412	Residential State Supplement	$	7,325,417	$	7,325,417	111962
GRF	490414	Alzheimer's Respite	$	3,644,277	$	3,685,593	111963
GRF	490416	JCFS Community Options	$	240,000	$	240,000	111964
GRF	490423	Long Term Care Budget - State	$	113,116,967	$	149,517,603	111965
GRF	490506	National Senior Service Corps	$	268,237	$	268,237	111966
GRF	490625	Alzheimer's Respite - Federal Stimulus	$	512,318	$	471,002	111967
TOTAL GRF General Revenue Fund			$	136,334,058	$	172,734,694	111968

General Services Fund Group	111969

4800	490606	Senior Community Outreach and Education	$	372,677	$	372,677	111970
TOTAL GSF General Services Fund							111971
Group			$	372,677	$	372,677	111972

Federal Special Revenue Fund Group	111973

3220	490618	Federal Aging Grants	$	10,200,000	$	10,200,000	111974
3C40	490623	Long Term Care Budget	$	350,162,957	$	340,193,418	111975
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	111976
3R70	490617	AmeriCorps Programs	$	8,870,000	$	8,870,000	111977
TOTAL FED Federal Special Revenue							111978
Fund Group			$	432,888,037	$	422,918,498	111979

State Special Revenue Fund Group	111980

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	111981
4J40	490610	PASSPORT/Residential State Supplement	$	33,263,984	$	33,263,984	111982
4U90	490602	PASSPORT Fund	$	4,424,969	$	4,424,969	111983
5AA0	490673	Ohio's Best Rx Administration	$	910,801	$	0	111984
5BA0	490620	Ombudsman Support	$	600,000	$	600,000	111985
5K90	490613	Long Term Care Consumers Guide	$	820,400	$	820,400	111986
5W10	490616	Resident Services Coordinator Program	$	330,000	$	330,000	111987
6240	490604	OCSC Community Support	$	470,000	$	470,000	111988
TOTAL SSR State Special Revenue							111989
Fund Group			$	41,755,154	$	40,844,353	111990
TOTAL ALL BUDGET FUND GROUPS			$	611,349,926	$	636,870,222	111991

Section 209.20. LONG-TERM CARE

111993

Pursuant to an interagency agreement, the Department of Job	111994
and Family Services shall designate the Department of Aging to	111995
perform assessments under section 5111.204 of the Revised Code.	111996
The Department of Aging shall provide long-term care consultations	111997
under section 173.42 of the Revised Code to assist individuals in	111998
planning for their long-term health care needs. The foregoing	111999
appropriation items 490423, Long Term Care Budget – State, and	112000
490623, Long Term Care Budget, may be used to provide the	112001
preadmission screening and resident review (PASRR), which includes	112002
screening, assessments, and determinations made under sections	112003
5111.02, 5111.204, 5119.061, and 5123.021 of the Revised Code.	112004

The foregoing appropriation items 490423, Long Term Care	112005
Budget - State, and 490623, Long Term Care Budget, may be used to	112006
assess and provide long-term care consultations to clients	112007
regardless of Medicaid eligibility.	112008

The Director of Aging shall adopt rules under section 111.15	112009
of the Revised Code governing the nonwaiver funded PASSPORT	112010
program, including client eligibility. The foregoing appropriation	112011
item 490423, Long Term Care Budget - State, may be used by the	112012
Department of Aging to provide nonwaiver funded PASSPORT services	112013
to persons the Department has determined to be eligible to	112014
participate in the nonwaiver funded PASSPORT Program, including	112015
those persons not yet determined to be financially eligible to	112016
participate in the Medicaid waiver component of the PASSPORT	112017
Program by a county department of job and family services.	112018

The Department of Aging shall administer the Medicaid	112019
waiver-funded PASSPORT Home Care Program, the Choices Program, the	112020
Assisted Living Program, and the PACE Program as delegated by the	112021
Department of Job and Family Services in an interagency agreement.	112022
The foregoing appropriation item 490423, Long Term Care Budget -	112023
State, shall be used to provide the required state match for	112024
federal Medicaid funds supporting the Medicaid Waiver-funded	112025
PASSPORT Home Care Program, the Choices Program, the Assisted	112026
Living Program, and the PACE Program. The foregoing appropriation	112027
items 490423, Long Term Care Budget - State, and 490623, Long Term	112028
Care Budget, may also be used to support the Department of Aging's	112029
administrative costs associated with operating the PASSPORT,	112030
Choices, Assisted Living, and PACE programs.	112031

The foregoing appropriation item 490623, Long Term Care	112032
Budget, shall be used to provide the federal matching share for	112033
all program costs determined by the Department of Job and Family	112034
Services to be eligible for Medicaid reimbursement.	112035

Of the foregoing appropriation item 490423, Long Term Care	112036
Budget - State, $200,000 in each fiscal year shall be allocated to	112037
the Visiting Nurse Association Health Care Partners of Ohio for	112038
the Chronic Disease Management Home Health Aide Workforce Training	112039
Program.	112040

HOME FIRST PROGRAM

112041

(A) As used in this section, "Long Term Care Budget Services"	112042
includes the following existing programs: PASSPORT, Assisted	112043
Living, Residential State Supplement, and PACE.	112044

(B) On a quarterly basis, on receipt of the certified	112045
expenditures related to sections 173.401, 173.351, and 5111.894 of	112046
the Revised Code, the Director of Budget and Management may do	112047
all of the following for fiscal years 2010 and 2011:	112048

(1) Transfer cash from the Nursing Facility Stabilization	112049
Fund (Fund 5R20), used by the Department of Job and Family	112050
Services, to the PASSPORT/Residential State Supplement Fund (Fund	112051
4J40), used by the Department of Aging.	112052

The transferred cash is hereby appropriated to appropriation	112053
item 490610, PASSPORT/Residential State Supplement.	112054

(2) If receipts credited to the PASSPORT Fund (Fund 3C40)	112055
exceed the amounts appropriated from the fund, the Director of	112056
Aging may request the Director of Budget and Management to	112057
authorize expenditures from the fund in excess of the amounts	112058
appropriated. Upon the approval of the Director of Budget and	112059
Management, the additional amounts are hereby appropriated.	112060

(3) If receipts credited to the Interagency Reimbursement	112061
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	112062
the Director of Job and Family Services may request the Director	112063
of Budget and Management to authorize expenditures from the fund	112064
in excess of the amounts appropriated. Upon the approval of the	112065
Director of Budget and Management, the additional amounts are	112066
hereby appropriated.	112067

(C) The individuals placed in Long Term Care Budget Services	112068
pursuant to this section shall be in addition to the individuals	112069
placed in Long Term Care Budget Services during fiscal years 2010	112070
and 2011 before any transfers to appropriation item 490423, Long	112071
Term Care Budget-State, are made under this section.	112072

ALLOCATION OF PACE SLOTS

112073

In order to effectively administer and manage growth within	112074
the PACE Program, the Director of Aging may, as the director deems	112075
appropriate and to the extent funding is available, expand the	112076
PACE Program to regions of Ohio beyond those currently served by	112077
the PACE Program between the PACE sites in Cleveland and	112078
Cincinnati.	112079

Section 209.30. OHIO COMMUNITY SERVICE COUNCIL

112080

The foregoing appropriation items 490409, AmeriCorps	112081
Operations, and 490617, AmeriCorps Programs, shall be used in	112082
accordance with section 121.40 of the Revised Code.	112083

LONG-TERM CARE OMBUDSMAN

112084

The foregoing appropriation item 490410, Long-Term Care	112085
Ombudsman, shall be used for a program to fund ombudsman program	112086
activities as authorized in sections 173.14 to 173.27 and section	112087
173.99 of the Revised Code.	112088

SENIOR COMMUNITY SERVICES

112089

The foregoing appropriation item 490411, Senior Community	112090
Services, shall be used for services designated by the Department	112091
of Aging, including, but not limited to, home-delivered and	112092
congregate meals, transportation services, personal care	112093
services, respite services, adult day services, home repair, care	112094
coordination, and decision support systems. Service priority	112095
shall be given to low income, frail, and cognitively impaired	112096
persons 60 years of age and over. The department shall promote	112097
cost sharing by service recipients for those services funded with	112098
senior community services funds, including, when possible,	112099
sliding-fee scale payment systems based on the income of service	112100
recipients.	112101

RESIDENTIAL STATE SUPPLEMENT

112102

Under the Residential State Supplement Program, the amount	112103
used to determine whether a resident is eligible for payment and	112104
for determining the amount per month the eligible resident will	112105
receive shall be as follows:	112106

(A) $927 for a residential care facility, as defined in	112107
section 3721.01 of the Revised Code;	112108

(B) $927 for an adult group home, as defined in Chapter 3722.	112109
of the Revised Code;	112110

(C) $824 for an adult foster home, as defined in Chapter 173.	112111
of the Revised Code;	112112

(D) $824 for an adult family home, as defined in Chapter	112113
3722. of the Revised Code;	112114

(E) $824 for an adult residential facility, as defined in	112115
Chapter 5119. of the Revised Code;	112116

(F) $618 for adult community mental health housing services,	112117
as defined in division (B)(5) of section 173.35 of the Revised	112118
Code.	112119

The Departments of Aging and Job and Family Services shall	112120
reflect these amounts in any applicable rules the departments	112121
adopt under section 173.35 of the Revised Code.	112122

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

112123

The foregoing appropriation items 490412, Residential State	112124
Supplement, and 490610, PASSPORT/Residential State Supplement, may	112125
be used by the Director of Aging to transfer cash to the Home and	112126
Community Based Services for the Aged Fund (Fund 4J50), which is	112127
used by the Department of Job and Family Services and the	112128
Residential State Supplement Fund (Fund 5CH0), used by the	112129
Department of Mental Health. The transferred cash shall be used	112130
to make benefit payments to residential state supplement	112131
recipients. The transfer shall be made using an intrastate	112132
transfer voucher.	112133

ALZHEIMER'S RESPITE

112134

The foregoing appropriation item 490414, Alzheimer's Respite,	112135
shall be used to fund only Alzheimer's disease services under	112136
section 173.04 of the Revised Code.	112137

JCFS COMMUNITY OPTIONS

112138

Of the foregoing appropriation item 490416, JCFS Community	112139
Options, $80,000 in each fiscal year shall be allocated to the	112140
Cleveland Jewish Community Center, $70,000 in each fiscal year	112141
shall be allocated to the Cincinnati Jewish Vocational Services,	112142
$70,000 in each fiscal year shall be allocated to the Wexner	112143
Heritage Village, and $20,000 in each fiscal year shall be	112144
allocated to the Columbus Jewish Community Center.	112145

ALZHEIMER'S RESPITE – FEDERAL STIMULUS

112146

The foregoing appropriation item 490625, Alzheimer's Respite	112147
– Federal Stimulus, shall be used to fund only Alzheimer's disease	112148
services under section 173.04 of the Revised Code.	112149

EDUCATION AND TRAINING

112150

The foregoing appropriation item 490606, Senior Community	112151
Outreach and Education, may be used to provide training to workers	112152
in the field of aging pursuant to division (G) of section 173.02	112153
of the Revised Code.	112154

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

112155

The foregoing appropriation item 490609, Regional Long-Term	112156
Care Ombudsman, shall be used to pay the costs of operating the	112157
regional long-term care ombudsman programs designated by the	112158
Long-Term Care Ombudsman.	112159

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

112160

The foregoing appropriation item 490610, PASSPORT/Residential	112161
State Supplement, may be used to fund the Residential State	112162
Supplement Program. The remaining available funds shall be used to	112163
fund the PASSPORT program.	112164

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	112165
AND FEDERAL AGING GRANTS	112166

At the request of the Director of Aging, the Director of	112167
Budget and Management may transfer appropriation between	112168
appropriation items 490612, Federal Independence Services, and	112169
490618, Federal Aging Grants. The amounts transferred shall not	112170
exceed 30 per cent of the appropriation from which the transfer	112171
is made. Any transfers shall be reported by the Department of	112172
Aging to the Controlling Board at the next scheduled meeting of	112173
the board.	112174

TRANSFER OF RESIDENT PROTECTION FUNDS

112175

In each fiscal year, the Director of Budget and Management	112176
may transfer $600,000 cash from the Resident Protection Fund	112177
(Fund 4E30), which is used by the Department of Job and Family	112178
Services, to the Ombudsman Support Fund (Fund 5BA0), which is	112179
used by the Department of Aging.	112180

Section 209.40. UNIFIED LONG-TERM CARE BUDGET WORKGROUP

112181

(A) There is hereby created the Unified Long-Term Care Budget	112182
Workgroup. The Workgroup shall consist of the following members:	112183

(1) The Director of Aging;

112184

(2) Consumer advocates, representatives of the provider	112185
community, and state policy makers, appointed by the Governor;	112186

(3) Two members of the House of Representatives, one member	112187
from the majority party and one member from the minority party,	112188
appointed by the Speaker of the House of Representatives;	112189

(4) Two members of the Senate, one member from the majority	112190
party and one member from the minority party, appointed by the	112191
President of the Senate.	112192

The Director of Aging shall serve as the chairperson of the	112193
Workgroup.	112194

The Workgroup shall be staffed by the departments of Aging	112195
and Job and Family Services.	112196

(B) The Workgroup shall develop a unified long-term care	112197
budget that facilitates the following:	112198

(1) Providing a consumer a choice of services that meet the	112199
consumer's health care needs and improve the consumer's quality of	112200
life;	112201

(2) Providing a continuum of services that meet the needs of	112202
a consumer throughout life;	112203

(3) Consolidating policymaking authority and the associated	112204
budgets in a single entity to simplify the consumer's decision	112205
making and maximize the state's flexibility in meeting the	112206
consumer's needs;	112207

(4) Assuring the state has a system that is cost effective	112208
and links disparate services across agencies and jurisdictions.	112209

(C) On an annual basis, the Directors of Aging, Job and	112210
Family Services, and Budget and Management shall submit a written	112211
report to the Speaker of the House of Representatives, the	112212
Minority Leader of the House of Representatives, the President of	112213
the Senate, the Minority Leader of the Senate, and the members of	112214
the Joint Legislative Committee on Medicaid Technology and Reform	112215
describing the progress towards establishing, or if already	112216
established, the effectiveness of the unified long-term care	112217
budget.	112218

(D) In support of the Workgroup's proposal, the Director of	112219
Budget and Management may seek Controlling Board approval to	112220
transfer cash from the Nursing Facility Stabilization Fund (Fund	112221
5R20), used by the Department of Job and Family Services, to the	112222
PASSPORT/Residential State Supplement Fund (Fund 4J40), used by	112223
the Department of Aging.	112224

Any transfers of cash approved by the Controlling Board under	112225
this section are hereby appropriated to appropriation item 490610,	112226
PASSPORT/Residential State Supplement.	112227

Section 209.50. OHIO'S BEST RX PROGRAM

112228

OHIO'S BEST RX ADMINISTRATION

112229

On and after July 1, 2009, the Director of Aging may take any	112230
actions necessary to conclude the operation of the Ohio's Best Rx	112231
Program and settle all accounts with drug manufacturers and	112232
terminal distributors of dangerous drugs that had program	112233
agreements in effect on June 30, 2009. As appropriate, the	112234
Director's actions shall be taken in accordance with the	112235
provisions of former sections 173.71 to 173.91 of the Revised	112236
Code, as those sections existed on June 30, 2009. The Director	112237
shall make every effort to conclude the program by July 31, 2009,	112238
but any program accounts with drug manufacturers and terminal	112239
distributors that remain open after that date may be settled until	112240
October 1, 2009.	112241

On August 1, 2009, or as soon as possible thereafter, the	112242
Director of Budget and Management shall transfer the cash balance	112243
in the Ohio's Best Rx Administration Fund (Fund 5AA0) to the	112244
General Revenue Fund. Fund 5AA0 shall remain open after the	112245
transfer to allow program accounts to be settled with drug	112246
manufacturers and terminal distributors pursuant to this section.	112247
On October 1, 2009, or as soon as possible thereafter, the	112248
Director of Budget and Management shall complete the final	112249
transfer of any cash balance in Fund 5AA0 to the General Revenue	112250
Fund. Upon completion of the transfer, Fund 5AA0 is abolished.	112251
The Director shall cancel any existing encumbrances against	112252
appropriation item 490673, Ohio's Best Rx Administration.	112253

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

112254

General Revenue Fund	112255

GRF	700401	Animal Disease Control	$	3,617,777	$	3,617,777	112256
GRF	700403	Dairy Division	$	1,110,277	$	1,110,277	112257
GRF	700404	Ohio Proud	$	246,895	$	246,895	112258
GRF	700406	Consumer Analytical Lab	$	1,256,469	$	1,274,854	112259
GRF	700407	Food Safety	$	875,043	$	875,043	112260
GRF	700409	Farmland Preservation	$	200,000	$	200,000	112261
GRF	700411	International Trade and Market Development	$	531,440	$	531,440	112262
GRF	700412	Weights and Measures	$	200,000	$	200,000	112263
GRF	700415	Poultry Inspection	$	375,401	$	375,401	112264
GRF	700418	Livestock Regulation Program	$	1,322,784	$	1,353,676	112265
GRF	700424	Livestock Testing and Inspections	$	120,906	$	120,906	112266
GRF	700499	Meat Inspection Program - State Share	$	4,920,926	$	4,960,926	112267
GRF	700501	County Agricultural Societies	$	334,903	$	334,903	112268
GRF	700503	Livestock Exhibition Fund	$	62,500	$	62,500	112269
GRF	700654	Agriculture Operating - Federal Stimulus	$	1,107,035	$	1,017,758	112270
TOTAL GRF General Revenue Fund			$	16,282,356	$	16,282,356	112271

General Services Fund Group	112272

5DA0	700644	Laboratory Administration Support	$	1,100,000	$	1,100,000	112273
5GH0	700655	Central Support Indirect Cost	$	5,713,404	$	5,713,404	112274
TOTAL GSF General Services Fund Group			$	6,813,404	$	6,813,404	112275

Federal Special Revenue Fund Group	112276

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	112277
3360	700617	Ohio Farm Loan Revolving Fund	$	1,000,000	$	1,000,000	112278
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	112279
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	112280
3J40	700607	Indirect Cost	$	600,000	$	600,000	112281
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	112282
TOTAL FED Federal Special Revenue							112283
Fund Group			$	10,550,000	$	10,550,000	112284

State Special Revenue Fund Group	112285

4900	700651	License Plates - Sustainable Agriculture	$	20,000	$	20,000	112286
4940	700612	Agricultural Commodity Marketing Program	$	250,000	$	250,000	112287
4960	700626	Ohio Grape Industries	$	849,999	$	849,999	112288
4970	700627	Commodity Handlers Regulatory Program	$	496,000	$	496,000	112289
4C90	700605	Commercial Feed and Seed	$	2,200,000	$	2,200,000	112290
4D20	700609	Auction Education	$	41,000	$	41,000	112291
4E40	700606	Utility Radiological Safety	$	134,631	$	134,631	112292
4P70	700610	Food Safety Inspection	$	1,099,396	$	1,099,396	112293
4R00	700636	Ohio Proud Marketing	$	10,500	$	10,500	112294
4R20	700637	Dairy Industry Inspection	$	1,800,000	$	1,800,000	112295
4T60	700611	Poultry and Meat Inspection	$	153,339	$	153,339	112296
4T70	700613	Ohio Proud International and Domestic Market Development	$	15,000	$	15,000	112297
5780	700620	Ride Inspection Fees	$	1,000,001	$	1,000,001	112298
5B80	700629	Auctioneers	$	365,390	$	365,390	112299
5CP0	700652	License Plate Scholarships	$	20,000	$	20,000	112300
5FB0	700647	Fuel Quality Testing	$	25,000	$	25,000	112301
5FC0	700648	Plant Pest Program	$	1,000,000	$	1,000,000	112302
5H20	700608	Metrology Lab and Scale Certification	$	1,454,006	$	1,454,006	112303
5L80	700604	Livestock Management Program	$	256,286	$	256,286	112304
6520	700634	Animal and Consumer Analytical Laboratory	$	4,400,000	$	4,400,000	112305
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,470,000	$	3,470,000	112306
TOTAL SSR State Special Revenue							112307
Fund Group			$	19,060,548	$	19,060,548	112308

Clean Ohio Conservation Fund Group	112309

7057	700632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		112310
TOTAL CLF Clean Ohio Conservation Fund Group					$	149,000		$	149,000		112311

TOTAL ALL BUDGET FUND GROUPS

52,855,308

112312

TOLEDO GROWS

112313

Of the foregoing appropriation item 700404, Operating	112314
Expenses, $50,000 in each fiscal year shall be used for the Toledo	112315
Botanical Garden to fund the urban agriculture initiative known as	112316
Toledo Grows.	112317

OHIO - ISRAEL AGRICULTURAL INITIATIVE

112318

Of the foregoing appropriation item 700411, International	112319
Trade and Market Development, $100,000 in each fiscal year shall	112320
be used for the Ohio - Israel Agricultural Initiative.	112321

Section 211.20. COUNTY AGRICULTURAL SOCIETIES

112322

The foregoing appropriation item 700501, County Agricultural	112323
Societies, shall be used to reimburse county and independent	112324
agricultural societies for expenses related to Junior Fair	112325
activities.	112326

FEDERAL ECONOMIC STIMULUS/RECOVERY FUNDS

112327

The foregoing appropriation item 700654, Agriculture	112328
Operating - Federal Stimulus, shall be used to support government	112329
services consistent with funds received from the federal	112330
government for fiscal stabilization and recovery purposes.	112331

Section 211.30. COMMERCIAL FEED AND SEED FUND TRANSFER

112332

On July 1, 2009, or as soon as possible thereafter, the	112333
Director of Budget and Management shall transfer thirty-two per	112334
cent of the cash balance in the Commercial Feed and Seed Fund	112335
(Fund 4C90) as of June 30, 2009, to the Pesticide, Fertilizer, and	112336
Lime Inspection Program Fund (Fund 6690). The Director shall	112337
cancel existing encumbrances against appropriation item 700605,	112338
Commercial Feed and Seed, and re-establish them against	112339
appropriation item 700635, Pesticide, Fertilizer, and Lime	112340
Inspection Program. The re-established encumbrance amounts are	112341
hereby appropriated.	112342

PESTICIDE, FERTILIZER, AND LIME INSPECTION FUND TRANSFER

112343

On July, 1, 2009, or as soon as possible thereafter, the	112344
Director of Budget and Management shall transfer $600,000 in cash	112345
from the Pesticide, Fertilizer, and Lime Inspection Fund (Fund	112346
6690) to the Plant Pest Program Fund (Fund 5FC0).	112347

CLEAN OHIO AGRICULTURAL EASEMENT

112348

The foregoing appropriation item 700632, Clean Ohio	112349
Agricultural Easement, shall be used by the Department of	112350
Agriculture in administering sections 901.21, 901.22, and 5301.67	112351
to 5301.70 of the Revised Code.	112352

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

112353

General Revenue Fund	112354

GRF	898402	Coal Development Office	$	424,146	$	424,146	112355
GRF	898901	Coal Research and Development General Obligation Debt Service	$	9,968,400	$	10,947,000	112356
TOTAL GRF General Revenue Fund			$	10,392,546	$	11,371,146	112357

General Services Fund Group	112358

5EG0	898608		Energy Strategy Development		$	307,000		$	307,000		112359
TOTAL GSF General Services Fund					$	307,000		$	307,000		112360

Agency Fund Group	112361

4Z90	898602	Small Business Ombudsman	$	294,290	$	294,290	112362
5700	898601	Operating Expenses	$	264,000	$	264,000	112363
5A00	898603	Small Business Assistance	$	71,087	$	71,087	112364
TOTAL AGY Agency Fund Group			$	629,377	$	629,377	112365

Coal Research/Development Fund	112366

7046	898604	Coal Research and Development Fund	$	66,000,000	$	10,000,000	112367
TOTAL 046 Coal Research and Development Fund			$	66,000,000	$	10,000,000	112368
TOTAL ALL BUDGET FUND GROUPS			$	77,328,923	$	22,307,523	112369

COAL DEVELOPMENT OFFICE

112370

The foregoing appropriation item 898402, Coal Development	112371
Office, shall be used for the administrative costs of the Coal	112372
Development Office.	112373

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

112374

The foregoing appropriation item GRF 898901, Coal Research	112375
and Development General Obligation Debt Service, shall be used to	112376
pay all debt service and related financing costs at the times	112377
they are required to be made during the period from July 1, 2009,	112378
to June 30, 2011, for obligations issued under sections 151.01	112379
and 151.07 of the Revised Code.	112380

Section 213.20. TRANSFER TO ENERGY STRATEGY DEVELOPMENT FUND

112381

On July 1 of each fiscal year, or as soon as possible	112382
thereafter, the Director of Budget and Management may transfer	112383
cash from the funds specified below, in the amount specified	112384
below, to the Energy Strategy Development Fund (Fund 5EG0), which	112385
is used by the Air Quality Development Authority. Fund 5EG0 may	112386
accept contributions and transfers made to the fund. The moneys	112387
in Fund 5EG0 shall be used to develop energy initiatives,	112388
projects, and policy.	112389

Fund	User		FY 2010		FY 2011	112390
Office Services Fund (Fund 1170)	Department of Administrative Services	$	35,000	$	35,000	112391
Central Support Indirect Cost Fund (Fund 5GH0)	Department of Agriculture	$	35,000	$	35,000	112392
Support Services Fund (Fund 1350)	Department of Development	$	35,000	$	35,000	112393
Central Support Indirect Cost Fund (Fund 2190)	Environmental Protection Agency	$	35,000	$	35,000	112394
Central Support Indirect Chargeback Fund (Fund 1570)	Department of Natural Resources	$	35,000	$	35,000	112395
Highway Operating Fund (Fund 7002)	Department of Transportation	$	50,000	$	50,000	112396

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	112397
AUTHORITY TRUST ACCOUNT	112398

Notwithstanding any other provision of law to the contrary,	112399
the Air Quality Development Authority may reimburse the Air	112400
Quality Development Authority trust account established under	112401
section 3706.10 of the Revised Code from all operating funds of	112402
the agency for expenses pertaining to the administration and	112403
shared costs incurred by the Air Quality Development Authority in	112404
the execution of responsibilities as prescribed in Chapter 3706.	112405
of the Revised Code. Reimbursement shall be made by voucher and	112406
completed in accordance with the administrative indirect costs	112407
allocation plan approved by the Office of Budget and Management.	112408

Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	112409
SERVICES	112410

General Revenue Fund	112411

GRF	038401	Treatment Services	$	37,241,513	$	35,588,058	112412
GRF	038404	Prevention Services	$	1,241,702	$	1,241,702	112413
GRF	038626	Local Alcohol and Other Drug Subsidy - Federal Stimulus	$	0	$	2,954,598	112414
TOTAL GRF General Revenue Fund			$	38,483,215	$	39,784,358	112415

General Services Fund	112416

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		112417
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		112418

Federal Special Revenue Fund Group	112419

3G30	038603	Drug Free Schools	$	2,260,000	$	2,260,000	112420
3G40	038614	Substance Abuse Block Grant	$	71,500,000	$	71,500,000	112421
3H80	038609	Demonstration Grants	$	7,093,075	$	7,093,075	112422
3J80	038610	Medicaid	$	62,772,342	$	60,817,910	112423
3N80	038611	Administrative Reimbursement	$	500,000	$	500,000	112424
TOTAL FED Federal Special Revenue							112425
Fund Group			$	144,125,417	$	142,170,985	112426

State Special Revenue Fund Group	112427

4750	038621	Statewide Treatment and Prevention	$	18,000,000	$	18,000,000	112428
5DH0	038620	Fetal Alcohol Spectrum Disorder	$	327,500	$	327,500	112429
6890	038604	Education and Conferences	$	350,000	$	350,000	112430
TOTAL SSR State Special Revenue							112431
Fund Group			$	18,677,500	$	18,677,500	112432
TOTAL ALL BUDGET FUND GROUPS			$	201,621,132	$	200,967,843	112433

Section 215.20. TREATMENT SERVICES

112435

Of the foregoing appropriation item 038401, Treatment	112436
Services, $115,919 in fiscal year 2010 and $230,464 in fiscal year	112437
2011 shall be provided to alcohol, drug addiction, and mental	112438
health services boards and alcohol and drug addiction services	112439
boards to pay the nonfederal share of the one-half of one per cent	112440
increase in the Medicaid reimbursement rate ceilings for	112441
Medicaid-covered alcohol and drug addiction treatment services	112442
provided for under the section of this act titled "INCREASE IN	112443
MEDICAID RATES FOR COMMUNITY BEHAVIORAL HEALTH SERVICES."	112444

Section 217.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

112445

General Services Fund Group	112446

4K90	891609	Operating Expenses	$	522,055	$	550,718	112447
TOTAL GSF General Services Fund							112448
Group			$	522,055	$	550,718	112449
TOTAL ALL BUDGET FUND GROUPS			$	522,055	$	550,718	112450

Section 219.10. ART OHIO ARTS COUNCIL

112452

General Revenue Fund	112453

GRF	370321	Operating Expenses	$	2,072,545	$	2,072,545	112454
GRF	370502	State Program Subsidies	$	9,097,868	$	8,847,869	112455
TOTAL GRF General Revenue Fund			$	11,170,413	$	10,920,414	112456

General Services Fund Group	112457

4600	370602	Management Expenses and Donations	$	285,000	$	285,000	112458
4B70	370603	Percent for Art Acquisitions	$	500,000	$	500,000	112459
TOTAL GSF General Services Fund Group			$	785,000	$	785,000	112460

Federal Special Revenue Fund Group	112461

3140	370601	Federal Support	$	1,000,000	$	1,000,000	112462
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	112463
TOTAL ALL BUDGET FUND GROUPS			$	12,955,413	$	12,705,414	112464

PROGRAM SUBSIDIES

112465

A museum is not eligible to receive funds from appropriation	112466
item 370502, State Program Subsidies, if $8,000,000 or more in	112467
capital appropriations were appropriated by the state for the	112468
museum between January 1, 1986, and December 31, 2002.	112469

Section 221.10. ATH ATHLETIC COMMISSION

112470

General Services Fund Group	112471

4K90	175609	Operating Expenses	$	255,850	$	255,850	112472
TOTAL GSF General Services Fund Group			$	255,850	$	255,850	112473
TOTAL ALL BUDGET FUND GROUPS			$	255,850	$	255,850	112474

Section 223.10. AGO ATTORNEY GENERAL

112476

General Revenue Fund	112477

GRF	055321	Operating Expenses	$	46,399,699	$	46,399,699	112478
GRF	055405	Law-Related Education	$	100,000	$	100,000	112479
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	112480
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	112481
TOTAL GRF General Revenue Fund			$	48,089,119	$	48,089,119	112482

General Services Fund Group	112483

1060	055612	General Reimbursement	$	38,750,000	$	38,750,000	112484
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	112485
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	112486
4200	055603	Attorney General Antitrust	$	1,750,000	$	1,750,000	112487
4210	055617	Police Officers' Training Academy Fee	$	2,000,000	$	2,000,000	112488
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	112489
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	112490
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	112491
5L50	055619	Law Enforcement Assistance Program	$	1,457,852	$	0	112492
6290	055636	Corrupt Activity Investigation and Prosecution	$	15,000	$	15,000	112493
6310	055637	Consumer Protection Enforcement	$	3,500,000	$	3,500,000	112494
TOTAL GSF General Services Fund							112495
Group			$	64,280,226	$	62,822,374	112496

Federal Special Revenue Fund Group	112497

3060	055620	Medicaid Fraud Control	$	3,879,672	$	3,879,672	112498
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	112499
3830	055634	Crime Victims Assistance	$	16,000,000	$	16,000,000	112500
3E50	055638	Attorney General Pass-Through Funds	$	3,030,000	$	3,030,000	112501
3R60	055613	Attorney General Federal Funds	$	5,115,000	$	5,115,000	112502
TOTAL FED Federal Special Revenue							112503
Fund Group			$	28,427,212	$	28,427,212	112504

State Special Revenue Fund Group	112505

4020	055616	Victims of Crime	$	29,000,000	$	28,000,000	112506
4190	055623	Claims Section	$	36,875,000	$	36,875,000	112507
4L60	055606	DARE Programs	$	3,927,962	$	3,927,962	112508
4Y70	055608	Title Defect Rescission	$	600,000	$	600,000	112509
6590	055641	Solid and Hazardous Waste Background Investigations	$	621,159	$	621,159	112510
TOTAL SSR State Special Revenue							112511
Fund Group			$	71,024,121	$	70,024,121	112512

Holding Account Redistribution Fund Group	112513

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	112514
R005	055632	Antitrust Settlements	$	1,000	$	1,000	112515
R018	055630	Consumer Frauds	$	750,000	$	750,000	112516
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	112517
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	112518
TOTAL 090 Holding Account							112519
Redistribution Fund Group			$	6,276,025	$	6,276,025	112520

Tobacco Master Settlement Agreement Fund Group	112521

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	1,987,073	$	0	112522
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,478,850	$	2,478,850	112523
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,465,923	$	2,478,850	112524
TOTAL ALL BUDGET FUND GROUPS			$	222,562,626	$	218,117,701	112525

LAW-RELATED EDUCATION

112526

The foregoing appropriation item 055405, Law-Related	112527
Education, shall be distributed directly to the Ohio Center for	112528
Law-Related Education for the purpose of providing continuing	112529
citizenship education activities to primary and secondary	112530
students, expanding delinquency prevention programs, increasing	112531
activities for at-risk youth, and accessing additional public and	112532
private money for new programs.	112533

COUNTY SHERIFFS' PAY SUPPLEMENT

112534

The foregoing appropriation item 055411, County Sheriffs'	112535
Pay Supplement, shall be used for the purpose of supplementing the	112536
annual compensation of county sheriffs as required by section	112537
325.06 of the Revised Code.	112538

At the request of the Attorney General, the Director of	112539
Budget and Management may transfer appropriation from	112540
appropriation item 055321, Operating Expenses, to appropriation	112541
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	112542
transferred shall be used to supplement the annual compensation	112543
of county sheriffs as required by section 325.06 of the Revised	112544
Code.	112545

COUNTY PROSECUTORS' PAY SUPPLEMENT

112546

The foregoing appropriation item 055415, County Prosecutors'	112547
Pay Supplement, shall be used for the purpose of supplementing the	112548
annual compensation of certain county prosecutors as required by	112549
section 325.111 of the Revised Code.	112550

At the request of the Attorney General, the Director of	112551
Budget and Management may transfer appropriation from	112552
appropriation item 055321, Operating Expenses, to appropriation	112553
item 055415, County Prosecutors' Pay Supplement. Any	112554
appropriation so transferred shall be used to supplement the	112555
annual compensation of county prosecutors as required by section	112556
325.111 of the Revised Code.	112557

WORKERS' COMPENSATION SECTION

112558

The Workers' Compensation Fund (Fund 1950) is entitled to	112559
receive payments from the Bureau of Workers' Compensation and	112560
the Ohio Industrial Commission at the beginning of each quarter	112561
of each fiscal year to fund legal services to be provided to the	112562
Bureau of Workers' Compensation and the Ohio Industrial	112563
Commission during the ensuing quarter. The advance payment shall	112564
be subject to adjustment.	112565

In addition, the Bureau of Workers' Compensation shall	112566
transfer payments at the beginning of each quarter for the support	112567
of the Workers' Compensation Fraud Unit.	112568

All amounts shall be mutually agreed upon by the Attorney	112569
General, the Bureau of Workers' Compensation, and the Ohio	112570
Industrial Commission.	112571

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

112572

The foregoing appropriation item 055636, Corrupt Activity	112573
Investigation and Prosecution, shall be used as provided by	112574
division (D)(2) of section 2923.35 of the Revised Code to dispose	112575
of the proceeds, fines, and penalties credited to the Corrupt	112576
Activity Investigation and Prosecution Fund, which is created in	112577
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	112578
is determined that additional amounts are necessary for this	112579
purpose, the amounts are hereby appropriated.	112580

GENERAL HOLDING ACCOUNT

112581

The foregoing appropriation item 055631, General Holding	112582
Account, shall be used to distribute moneys under the terms of	112583
relevant court orders or other settlements received in a variety	112584
of cases involving the Office of the Attorney General. If it is	112585
determined that additional amounts are necessary for this purpose,	112586
the amounts are hereby appropriated.	112587

ATTORNEY GENERAL PASS-THROUGH FUNDS

112588

The foregoing appropriation item 055638, Attorney General	112589
Pass-Through Funds, shall be used to receive federal grant funds	112590
provided to the Attorney General by other state agencies,	112591
including, but not limited to, the Department of Youth Services	112592
and the Department of Public Safety.	112593

ANTITRUST SETTLEMENTS

112594

The foregoing appropriation item 055632, Antitrust	112595
Settlements, shall be used to distribute moneys under the terms	112596
of relevant court orders or other out of court settlements in	112597
antitrust cases or antitrust matters involving the Office of the	112598
Attorney General. If it is determined that additional amounts are	112599
necessary for this purpose, the amounts are hereby appropriated.	112600

CONSUMER FRAUDS

112601

The foregoing appropriation item 055630, Consumer Frauds,	112602
shall be used for distribution of moneys from court-ordered	112603
judgments against sellers in actions brought by the Office of	112604
Attorney General under sections 1334.08 and 4549.48 and division	112605
(B) of section 1345.07 of the Revised Code. These moneys shall be	112606
used to provide restitution to consumers victimized by the fraud	112607
that generated the court-ordered judgments. If it is determined	112608
that additional amounts are necessary for this purpose, the	112609
amounts are hereby appropriated.	112610

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

112611

The foregoing appropriation item 055601, Organized Crime	112612
Commission Distributions, shall be used by the Organized Crime	112613
Investigations Commission, as provided by section 177.011 of the	112614
Revised Code, to reimburse political subdivisions for the expenses	112615
the political subdivisions incur when their law enforcement	112616
officers participate in an organized crime task force. If it is	112617
determined that additional amounts are necessary for this purpose,	112618
the amounts are hereby appropriated.	112619

FUND ABOLISHMENTS

112620

Effective July 1, 2009, or as soon as possible thereafter,	112621
the Director of Budget and Management shall transfer the cash	112622
balance in the Asbestos Abatement Distribution Fund (Fund 6740) to	112623
the General Revenue Fund. Upon completion of the transfer, Fund	112624
6740 is abolished.	112625

Effective July 1, 2009, the Bingo License Refunds Fund (Fund	112626
R003) is abolished.	112627

Section 225.10. AUD AUDITOR OF STATE

112628

General Revenue Fund	112629

GRF	070321	Operating Expenses	$	30,029,775	$	30,029,775	112630
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	570,000	$	570,000	112631
TOTAL GRF General Revenue Fund			$	30,599,775	$	30,599,775	112632

Auditor of State Fund Group	112633

1090	070601	Public Audit Expense - Intra-State	$	11,000,000	$	11,000,000	112634
4220	070602	Public Audit Expense - Local Government	$	30,828,000	$	31,053,000	112635
5840	070603	Training Program	$	181,250	$	181,250	112636
6750	070605	Uniform Accounting Network	$	3,317,336	$	3,317,336	112637
TOTAL AUD Auditor of State Fund							112638
Group			$	45,326,586	$	45,551,586	112639
TOTAL ALL BUDGET FUND GROUPS			$	75,926,361	$	76,151,361	112640

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

112641

The foregoing appropriation item 070403, Fiscal	112642
Watch/Emergency Technical Assistance, shall be used for expenses	112643
incurred by the Office of the Auditor of State in its role	112644
relating to fiscal watch or fiscal emergency activities under	112645
Chapters 118. and 3316. of the Revised Code. Expenses include,	112646
but are not limited to, the following: duties related to the	112647
determination or termination of fiscal watch or fiscal emergency	112648
of municipal corporations, counties, townships, or school	112649
districts; development of preliminary accounting reports;	112650
performance of annual forecasts; provision of performance audits;	112651
and supervisory, accounting, or auditing services for the	112652
municipal corporations, counties, townships, or school districts.	112653

An amount equal to the unexpended, unencumbered portion of	112654
appropriation item 070403, Fiscal Watch/Emergency Technical	112655
Assistance, at the end of fiscal year 2010 is hereby	112656
reappropriated for the same purpose in fiscal year 2011.	112657

Section 227.10. BRB BOARD OF BARBER EXAMINERS

112658

General Services Fund Group	112659

4K90	877609	Operating Expenses	$	628,264	$	628,264	112660
TOTAL GSF General Services Fund							112661
Group			$	628,264	$	628,264	112662
TOTAL ALL BUDGET FUND GROUPS			$	628,264	$	628,264	112663

ED JEFFERS BARBER MUSEUM

112664

Beginning October 1, 2009, or as soon as possible thereafter,	112665
the Director of Budget and Management and the Executive Director	112666
of the Barber Board shall develop a plan to distribute the amounts	112667
collected under division (C) of section 4709.12 of the Revised	112668
Code to the Ed Jeffers Barber Museum.	112669

Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

112670

General Revenue Fund	112671

GRF	042321	Budget Development and Implementation	$	2,412,346	$	2,350,805	112672
GRF	042410	National Association Dues	$	30,448	$	31,361	112673
GRF	042412	Audit of Auditor of State	$	44,528	$	46,309	112674
GRF	042413	Payment Issuance	$	446,968	$	457,545	112675
GRF	042416	Medicaid Agency Transition	$	571,028	$	369,298	112676
GRF	042435	Gubernatorial Transition	$	0	$	250,000	112677
TOTAL GRF General Revenue Fund			$	3,505,318	$	3,505,318	112678

General Services Fund Group	112679

1050	042603	State Accounting and Budgeting	$	37,031,976	$	41,206,060	112680
5N40	042602	OAKS Project Implementation	$	2,100,000	$	2,100,000	112681
5Z80	042608	Executive Medicaid Administration	$	57,751	$	0	112682
TOTAL GSF General Services Fund Group			$	39,189,727	$	43,306,060	112683

Federal Special Revenue Fund Group	112684

3CM0	042606		Medicaid Transition - Federal		$	734,979		$	747,098		112685
TOTAL FED Federal Special Revenue Fund Group					$	734,979		$	747,098		112686

Agency Fund Group	112687

5EH0	042604	Forgery Recovery	$	50,000	$	50,000	112688
TOTAL AGY Agency Fund Group			$	50,000	$	50,000	112689
TOTAL ALL BUDGET FUND GROUPS			$	43,480,024	$	47,608,476	112690

AUDIT COSTS

112691

Of the foregoing appropriation item 042603, State Accounting	112692
and Budgeting, not more than $456,000 in fiscal year 2010 and not	112693
more than $467,000 in fiscal year 2011 shall be used to pay for	112694
centralized audit costs associated with either Single Audit	112695
Schedules or financial statements prepared in conformance with	112696
generally accepted accounting principles for the state.	112697

SHARED SERVICES CENTER

112698

The Director of Budget and Management shall use the OAKS	112699
Project Implementation Fund (Fund 5N40) and the Accounting and	112700
Budgeting Fund (Fund 1050) to implement a Shared Services Center	112701
within the Office of Budget and Management for the purpose of	112702
consolidating statewide finance functions and common transactional	112703
processes. The Director of Budget and Management shall transfer	112704
the unobligated cash balance remaining in Fund 5N40 to the General	112705
Revenue Fund before the end of fiscal year 2011.	112706

Effective July 1, 2009, the Director of Budget and Management	112707
shall include the recovery of costs to operate the Shared Services	112708
Center in the accounting and budgeting services payroll rate and	112709
through a direct charge using intrastate transfer vouchers to	112710
agencies for services rendered. The Director of Budget and	112711
Management shall determine the cost recovery methodology. Such	112712
cost recovery revenues shall be deposited to the credit of Fund	112713
1050.	112714

INTERNAL CONTROL AND AUDIT OVERSIGHT

112715

Effective July 1, 2009, the Director of Budget and Management	112716
shall include the recovery of costs to operate the Internal	112717
Control and Audit Oversight Program in the accounting and	112718
budgeting services payroll rate and through a direct charge using	112719
intrastate transfer vouchers to agencies reviewed by the program.	112720
The Director of Budget and Management, with advice from the	112721
Internal Audit Advisory Council, shall determine the cost recovery	112722
methodology. Such cost recovery revenues shall be deposited to the	112723
credit of the Accounting and Budgeting Fund (Fund 1050).	112724

FORGERY RECOVERY

112725

The foregoing appropriation item 042604, Forgery Recovery,	112726
shall be used to reissue warrants that have been certified as	112727
forgeries by the rightful recipient as determined by the Bureau of	112728
Criminal Identification and Investigation and the Treasurer of	112729
State. Upon receipt of funds to cover the reissuance of the	112730
warrant, the Director of Budget and Management shall reissue a	112731
state warrant of the same amount.	112732

Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

112733

General Revenue Fund	112734

GRF	874100	Personal Services	$	1,873,368	$	1,873,368	112735
GRF	874320	Maintenance and Equipment	$	752,591	$	752,590	112736
TOTAL GRF General Revenue Fund			$	2,625,959	$	2,625,958	112737

General Services Fund Group	112738

4G50	874603	Capitol Square Education Center and Arts	$	15,000	$	15,000	112739
4S70	874602	Statehouse Gift Shop/Events	$	799,995	$	794,651	112740
TOTAL GSF General Services							112741
Fund Group			$	814,995	$	809,651	112742

Underground Parking Garage	112743

2080	874601	Underground Parking Garage Operations	$	2,923,224	$	2,979,615	112744
TOTAL UPG Underground Parking							112745
Garage			$	2,923,224	$	2,979,615	112746
TOTAL ALL BUDGET FUND GROUPS			$	6,364,178	$	6,415,224	112747

WAREHOUSE PAYMENTS

112748

Of the foregoing appropriation item 874601, Underground	112749
Parking Garage Operations, $48,000 in each fiscal year shall be	112750
used to meet all payments at the times they are required to be	112751
made during the period from July 1, 2009, to June 30, 2011, to	112752
the Ohio Building Authority for bond service charges relating	112753
to the purchase and improvement of a warehouse acquired	112754
pursuant to section 105.41 of the Revised Code, in which to store	112755
items of the Capitol Collection Trust and, whenever necessary,	112756
equipment or other property of the Board.	112757

Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND	112758
SCHOOLS	112759

General Services Fund Group	112760

4K90	233601	Operating Expenses	$	572,700	$	572,700	112761
TOTAL GSF General Services Fund Group			$	572,700	$	572,700	112762
TOTAL ALL BUDGET FUND GROUPS			$	572,700	$	572,700	112763

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

112765

General Services Fund Group	112766

4K90	930609	Operating Expenses	$	551,146	$	551,146	112767
TOTAL GSF General Services Fund Group			$	551,146	$	551,146	112768
TOTAL ALL BUDGET FUND GROUPS			$	551,146	$	551,146	112769

Section 237.10. CHR STATE CHIROPRACTIC BOARD

112771

General Services Fund Group	112772

4K90	878609	Operating Expenses	$	621,621	$	621,621	112773
TOTAL GSF General Services Fund Group			$	621,621	$	621,621	112774
TOTAL ALL BUDGET FUND GROUPS			$	621,621	$	621,621	112775

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

112777

General Revenue Fund	112778

GRF	876321		Operating Expenses		$	6,391,317		$	6,391,317		112779
TOTAL GRF General Revenue Fund					$	6,391,317		$	6,391,317		112780

General Services Fund Group	112781

2170	876604	Operations Support	$	8,000	$	8,000	112782
TOTAL GSF General Services							112783
Fund Group			$	8,000	$	8,000	112784

Federal Special Revenue Fund Group	112785

3340	876601	Federal Programs	$	3,876,500	$	3,281,500	112786
TOTAL FED Federal Special Revenue							112787
Fund Group			$	3,876,500	$	3,281,500	112788

TOTAL ALL BUDGET FUND GROUPS

10,275,817

9,680,817

112789

Section 241.10. COM DEPARTMENT OF COMMERCE

112791

General Revenue Fund	112792

GRF	800410		Labor and Worker Safety		$	2,132,396		$	2,132,396		112793
Total GRF General Revenue Fund					$	2,132,396		$	2,132,396		112794

General Services Fund Group	112795

1630	800620	Division of Administration	$	7,420,049	$	7,561,286	112796
1630	800637	Information Technology	$	6,219,734	$	6,137,122	112797
5430	800602	Unclaimed Funds-Operating	$	9,948,085	$	9,948,085	112798
5430	800625	Unclaimed Funds-Claims	$	75,000,000	$	75,000,000	112799
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	112800
TOTAL GSF General Services Fund							112801
Group			$	98,887,868	$	98,946,493	112802

Federal Special Revenue Fund Group	112803

3480	800622	Underground Storage Tanks	$	586,128	$	585,782	112804
3480	800624	Leaking Underground Storage Tanks	$	1,477,606	$	1,489,717	112805
TOTAL FED Federal Special Revenue							112806
Fund Group			$	2,063,734	$	2,075,499	112807

State Special Revenue Fund Group	112808

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	112809
4H90	800608	Cemeteries	$	273,465	$	273,465	112810
4X20	800619	Financial Institutions	$	2,233,031	$	2,221,395	112811
5440	800612	Banks	$	6,703,253	$	6,753,254	112812
5450	800613	Savings Institutions	$	2,286,615	$	2,307,019	112813
5460	800610	Fire Marshal	$	15,118,673	$	15,191,721	112814
5460	800639	Fire Department Grants	$	1,695,198	$	1,698,802	112815
5470	800603	Real Estate Education/Research	$	250,000	$	250,000	112816
5480	800611	Real Estate Recovery	$	50,000	$	50,000	112817
5490	800614	Real Estate	$	3,456,405	$	3,451,694	112818
5500	800617	Securities	$	4,761,545	$	4,411,545	112819
5520	800604	Credit Union	$	3,627,390	$	3,627,390	112820
5530	800607	Consumer Finance	$	5,367,260	$	5,148,702	112821
5560	800615	Industrial Compliance	$	25,753,662	$	26,713,417	112822
5GK0	800609	Securities Investor Education/Enforcement	$	485,000	$	485,000	112823
5K70	800621	Penalty Enforcement	$	150,000	$	150,000	112824
5X60	800623	Video Service	$	34,476	$	34,476	112825
6530	800629	UST Registration/Permit Fee	$	1,433,189	$	1,431,831	112826
6A40	800630	Real Estate Appraiser-Operating	$	664,006	$	664,006	112827
TOTAL SSR State Special Revenue							112828
Fund Group			$	74,378,168	$	74,898,717	112829

Liquor Control Fund Group	112830

7043	800601	Merchandising	$	472,492,696	$	488,434,277	112831
7043	800627	Liquor Control Operating	$	13,776,430	$	14,313,346	112832
7043	800633	Development Assistance Debt Service	$	40,565,100	$	52,412,800	112833
7043	800636	Revitalization Debt Service	$	15,632,800	$	20,359,000	112834
TOTAL LCF Liquor Control							112835
Fund Group			$	542,467,026	$	575,519,423	112836

Volunteer Firefighters' Dependents Fund Group	112837

7085	800985		Volunteer Firefighters' Dependents Fund		$	300,000		$	300,000		112838
TOTAL 085 Volunteer Firefighters' Dependents Fund Group					$	300,000		$	300,000		112839

Revenue Distribution Fund Group	112840

7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	112841
TOTAL RDF Revenue Distribution Fund Group			$	14,100,000	$	14,100,000	112842
TOTAL ALL BUDGET FUND GROUPS			$	734,329,192	$	767,972,528	112843

SMALL GOVERNMENT FIRE DEPARTMENTS

112844

Notwithstanding section 3737.17 of the Revised Code, the	112845
foregoing appropriation item 800635, Small Government Fire	112846
Departments, may be used to provide loans to private fire	112847
departments.	112848

UNCLAIMED FUNDS PAYMENTS

112849

The foregoing appropriation item 800625, Unclaimed	112850
Funds-Claims, shall be used to pay claims under section 169.08 of	112851
the Revised Code. If it is determined that additional amounts are	112852
necessary, the amounts are appropriated.	112853

UNCLAIMED FUNDS TRANSFERS

112854

Notwithstanding division (A) of section 169.05 of the Revised	112855
Code, on or after December 1, 2009, the Director of Budget and	112856
Management shall request the Director of Commerce to transfer to	112857
the General Revenue Fund up to $250,000,000 of unclaimed funds	112858
that have been reported by holders of unclaimed funds under	112859
section 169.05 of the Revised Code, irrespective of the allocation	112860
of the unclaimed funds under that section. After such request has	112861
been made, the Director of Commerce shall transfer the funds prior	112862
to June 30, 2010.	112863

Notwithstanding division (A) of section 169.05 of the Revised	112864
Code, on or after December 1, 2010, the Director of Budget and	112865
Management shall request the Director of Commerce to transfer to	112866
the General Revenue Fund up to $135,000,000 of unclaimed funds	112867
that have been reported by holders of unclaimed funds under	112868
section 169.05 of the Revised Code, irrespective of the allocation	112869
of the unclaimed funds under that section. After such request has	112870
been made, the Director of Commerce shall transfer the funds prior	112871
to June 30, 2011.	112872

FIRE DEPARTMENT GRANTS

112873

Of the foregoing appropriation item 800639, Fire Department	112874
Grants, up to $1,647,140 in each fiscal year shall be used to make	112875
annual grants to volunteer fire departments, fire departments that	112876
serve one or more small municipalities or small townships, joint	112877
fire districts comprised of fire departments that primarily serve	112878
small municipalities or small townships, local units of government	112879
responsible for such fire departments, and local units of	112880
government responsible for the provision of fire protection	112881
services for small municipalities or small townships.	112882

The grants shall be used by recipients to purchase	112883
firefighting or rescue equipment or gear or similar items, to	112884
provide full or partial reimbursement for the documented costs of	112885
firefighter training, or, at the discretion of the State Fire	112886
Marshal, to cover fire department costs for providing fire	112887
protection services in that grant recipient's jurisdiction.	112888

Grant awards for firefighting or rescue equipment or gear or	112889
for fire department costs of providing fire protection services	112890
shall be up to $15,000 per fiscal year, or up to $25,000 per	112891
fiscal year if an eligible entity serves a jurisdiction in which	112892
the Governor declared a natural disaster during the preceding or	112893
current fiscal year in which the grant was awarded. In addition to	112894
any grant funds awarded for rescue equipment or gear, or for fire	112895
department costs associated with the provision of fire protection	112896
services, an eligible entity may receive a grant for up to $15,000	112897
per fiscal year for full or partial reimbursement of the	112898
documented costs of firefighter training. For each fiscal year,	112899
the State Fire Marshal shall determine the total amounts to be	112900
allocated for each eligible purpose.	112901

The grant program shall be administered by the State Fire	112902
Marshal in accordance with rules the State Fire Marshal adopts as	112903
part of the state fire code adopted pursuant to section 3737.82 of	112904
the Revised Code that are necessary for the administration and	112905
operation of the grant program. The rules may further define the	112906
entities eligible to receive grants and establish criteria for the	112907
awarding and expenditure of grant funds, including methods the	112908
State Fire Marshal may use to verify the proper use of grant funds	112909
or to obtain reimbursement for or the return of equipment for	112910
improperly used grant funds. Any amounts in appropriation item	112911
800639, Fire Department Grants, in excess of the amount allocated	112912
for these grants may be used for the administration of the grant	112913
program.	112914

DIVISION OF SECURITIES TECHNOLOGY UPGRADES

112915

Of the foregoing appropriation item 800617, Securities, such	112916
sums as are necessary may be used over the biennium to support	112917
the development and implementation of information technology	112918
solutions designed to enable the Division of Securities to better	112919
protect the interests of investors, the public, and the securities	112920
industry. Implementation of these solutions shall, among other	112921
things, enhance the Division's ability to monitor complaints	112922
about and actions against persons engaged in any practice	112923
prohibited by Chapter 1707. of the Revised Code or defined as	112924
fraudulent in that chapter or any other deceptive scheme or	112925
practice in connection with the sale of securities. The Director	112926
of Commerce may seek assistance from the Department of	112927
Administrative Services in relation to the development and	112928
implementation of the solutions.	112929

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	112930
EDUCATION AND ENFORCEMENT EXPENSE FUND	112931

The Director of Budget and Management, upon the request of	112932
the Director of Commerce, shall transfer up to $485,000 in cash in	112933
each fiscal year from the Division of Securities Fund (Fund 5500)	112934
to the Division of Securities Investor Education and Enforcement	112935
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	112936
Code.	112937

CASH TRANSFERS TO THE REAL ESTATE OPERATING FUND

112938

The Director of Budget and Management, upon request of the	112939
Director of Commerce, shall transfer $1,300,000 in cash over the	112940
FY 2010-FY 2011 biennium from the Real Estate Education and	112941
Research Fund (Fund 5470) to the Real Estate Operating Fund (Fund	112942
5490).	112943

The Director of Budget and Management, upon request of the	112944
Director of Commerce, shall transfer $600,000 in cash over the FY	112945
2010-FY 2011 biennium from the Real Estate Recovery Fund (Fund	112946
5480) to the Real Estate Operating Fund (Fund 5490).	112947

INCREASED APPROPRIATION - MERCHANDISING

112948

The foregoing appropriation item 800601, Merchandising,	112949
shall be used under section 4301.12 of the Revised Code. If it is	112950
determined that additional expenditures are necessary, the amounts	112951
are appropriated.	112952

DEVELOPMENT ASSISTANCE DEBT SERVICE

112953

The foregoing appropriation item 800633, Development	112954
Assistance Debt Service, shall be used to pay debt service and	112955
related financing costs at the times they are required to be made	112956
during the period from July 1, 2009, to June 30, 2011, for bond	112957
service charges on obligations issued under Chapter 166. of the	112958
Revised Code. If it is determined that additional appropriations	112959
are necessary for this purpose, such amounts are appropriated,	112960
subject to the limitations set forth in section 166.11 of the	112961
Revised Code. An appropriation for this purpose is not required,	112962
but is made in this form and in this act for record purposes	112963
only.	112964

REVITALIZATION DEBT SERVICE

112965

The foregoing appropriation item 800636, Revitalization Debt	112966
Service, shall be used to pay debt service and related financing	112967
costs under sections 151.01 and 151.40 of the Revised Code during	112968
the period from July 1, 2009, to June 30, 2011. If it is	112969
determined that additional appropriations are necessary for this	112970
purpose, such amounts are hereby appropriated. The General	112971
Assembly acknowledges the priority of the pledge of a portion of	112972
receipts from that source to obligations issued and to be issued	112973
under Chapter 166. of the Revised Code.	112974

ADMINISTRATIVE ASSESSMENTS

112975

Notwithstanding any other provision of law to the contrary,	112976
the Division of Administration Fund (Fund 1630) is entitled to	112977
receive assessments from all operating funds of the Department in	112978
accordance with procedures prescribed by the Director of Commerce	112979
and approved by the Director of Budget and Management.	112980

Section 241.20. ABOLISHMENT OF THE DIVISION OF LABOR AND	112981
WORKER SAFETY AND THE DIVISION OF INDUSTRIAL COMPLIANCE IN THE	112982
DEPARTMENT OF COMMERCE	112983

The Division of Labor and Worker Safety in the Department of	112984
Commerce and the Division of Industrial Compliance in the	112985
Department of Commerce are hereby abolished on the effective date	112986
of section 121.04 of the Revised Code, as amended by this act.	112987
The Division of Labor shall supersede the Division of Labor and	112988
Worker Safety and Division of Industrial Compliance, and the	112989
Superintendent of Labor shall supersede the Superintendent of	112990
Labor and Worker Safety and the Superintendent of Industrial	112991
Compliance. The Superintendent of Labor or Division of Labor, as	112992
applicable, shall succeed to and have and perform all the duties,	112993
powers, and obligations pertaining to the duties, powers, and	112994
obligations of the Superintendent and Division of Labor and Worker	112995
Safety and the Superintendent and Division of Industrial	112996
Compliance. For the purpose of the institution, conduct, and	112997
completion of matters relating to its succession, the	112998
Superintendent of Labor or the Division of Labor, as applicable,	112999
is deemed to be the continuation of and successor under law to the	113000
Superintendent and Division of Labor and Worker Safety or the	113001
Superintendent and Division of Industrial Compliance, as	113002
applicable. All rules, actions, determinations, commitments,	113003
resolutions, decisions, and agreements pertaining to those duties,	113004
powers, obligations, functions, and rights in force or in effect	113005
on the effective date of section 121.04 of the Revised Code, as	113006
amended by this act, shall continue in force and effect subject to	113007
any further lawful action thereon by the Superintendent or	113008
Division of Labor. Wherever the Superintendent of Labor and Worker	113009
Safety, Division of Labor and Worker Safety, Superintendent of	113010
Industrial Compliance, or Division of Industrial Compliance are	113011
referred to in any provision of law, or in any agreement or	113012
document that pertains to those duties, powers, obligations,	113013
functions, and rights, the reference is to the Superintendent of	113014
Labor or Division of Labor, as appropriate.	113015

All authorized obligations and supplements thereto of the	113016
Superintendent and Division of Labor and Worker Safety and the	113017
Superintendent and Division of Industrial Compliance pertaining to	113018
the duties, powers, and obligations transferred are binding on the	113019
Superintendent or Division of Labor, as applicable, and nothing in	113020
this act impairs the obligations or rights thereunder or under any	113021
contract. The abolition of the Division of Labor and Worker Safety	113022
and the Division of Industrial Compliance and the transfer of the	113023
duties, powers, and obligations of the Superintendent and Division	113024
of Labor and Worker Safety and the Superintendent and Division of	113025
Industrial Compliance do not affect the validity of agreements or	113026
obligations made by those superintendents or divisions pursuant to	113027
Chapters 121., 3703., 3781., 3791., 4104., 4105., and 4740. of the	113028
Revised Code or any other provisions of law.	113029

In connection with the transfer of duties, powers,	113030
obligations, functions, and rights and abolition of the Division	113031
of Labor and Worker Safety and the Division of Industrial	113032
Compliance, all real property and interest therein, documents,	113033
books, money, papers, records, machinery, furnishings, office	113034
equipment, furniture, and all other property over which the	113035
Superintendent and Division of Labor and Worker Safety or the	113036
Superintendent and Division of Industrial Compliance has control	113037
pertaining to the duties, powers, and obligations transferred and	113038
the rights of the Superintendent and Division of Labor and Worker	113039
Safety and the Superintendent and Division of Industrial	113040
Compliance to enforce or receive any of the aforesaid is	113041
automatically transferred to the Superintendent and Division of	113042
Labor without necessity for further action on the part of the	113043
Superintendent, Division of Labor, or the Director of Commerce.	113044
Additionally, all appropriations or reappropriations made to the	113045
Superintendent and Division of Labor and Worker Safety and the	113046
Superintendent and Division of Industrial Compliance for the	113047
purposes of the performance of their duties, powers, and	113048
obligations, are transferred to the Superintendent and Division of	113049
Labor to the extent of the remaining unexpended or unencumbered	113050
balance thereof, whether allocated or unallocated, and whether	113051
obligated or unobligated.	113052

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

113053

General Services Fund Group	113054

5F50	053601	Operating Expenses	$	9,543,196	$	9,377,610	113055
TOTAL GSF General Services Fund Group			$	9,543,196	$	9,377,610	113056
TOTAL ALL BUDGET FUND GROUPS			$	9,543,196	$	9,377,610	113057

Section 245.10. CEB CONTROLLING BOARD

113059

General Revenue Fund	113060

GRF	911401	Emergency Purposes/Contingencies	$	4,000,000	$	4,000,000	113061
GRF	911404	Mandate Assistance	$	545,417	$	545,417	113062
GRF	911441	Ballot Advertising Costs	$	487,600	$	487,600	113063
TOTAL GRF General Revenue Fund			$	5,033,017	$	5,033,017	113064
TOTAL ALL BUDGET FUND GROUPS			$	5,033,017	$	5,033,017	113065

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	113066
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	113067

The Controlling Board may, at the request of any state	113068
agency or the Director of Budget and Management, transfer all or	113069
part of the appropriation in appropriation item 911401, Emergency	113070
Purposes/Contingencies, for the purpose of providing disaster and	113071
emergency situation aid to state agencies and political	113072
subdivisions in the event of disasters and emergency situations	113073
or for the other purposes noted in this section, including, but	113074
not limited to, costs related to the disturbance that occurred on	113075
April 11, 1993, at the Southern Ohio Correctional Facility in	113076
Lucasville, Ohio.	113077

FEDERAL SHARE

113078

In transferring appropriations to or from appropriation items	113079
that have federal shares identified in this act, the Controlling	113080
Board shall add or subtract corresponding amounts of federal	113081
matching funds at the percentages indicated by the state and	113082
federal division of the appropriations in this act. Such changes	113083
are hereby appropriated.	113084

DISASTER ASSISTANCE

113085

Pursuant to requests submitted by the Department of Public	113086
Safety, the Controlling Board may approve transfers from	113087
appropriation item 911401, Emergency Purposes/Contingencies, to	113088
appropriation items used by the Department of Public Safety to	113089
provide funding for assistance to political subdivisions and	113090
individuals made necessary by natural disasters or emergencies.	113091
Such transfers may be requested and approved prior to or	113092
following the occurrence of any specific natural disasters or	113093
emergencies in order to facilitate the provision of timely	113094
assistance.	113095

DISASTER SERVICES

113096

Pursuant to requests submitted by the Department of Public	113097
Safety, the Controlling Board may approve transfers from the	113098
Disaster Services Fund (5E20) to a fund and appropriation item	113099
used by the Department of Public Safety to provide for assistance	113100
to political subdivisions made necessary by natural disasters or	113101
emergencies. These transfers may be requested and approved prior	113102
to the occurrence of any specific natural disasters or	113103
emergencies in order to facilitate the provision of timely	113104
assistance. The Emergency Management Agency of the Department of	113105
Public Safety shall use the funding to fund the State Disaster	113106
Relief Program for disasters that have been declared by the	113107
Governor, and the State Individual Assistance Program for	113108
disasters that have been declared by the Governor and the federal	113109
Small Business Administration. The Ohio Emergency Management	113110
Agency shall publish and make available application packets	113111
outlining procedures for the State Disaster Relief Program and	113112
the State Individual Assistance Program.	113113

Fund 5E20 shall be used by the Controlling Board, pursuant	113114
to requests submitted by state agencies, to transfer cash and	113115
appropriations to any fund and appropriation item for the payment	113116
of state agency disaster relief program expenses for disasters	113117
declared by the Governor, if the Director of Budget and	113118
Management determines that sufficient funds exist.	113119

SOUTHERN OHIO CORRECTIONAL FACILITY COST

113120

The Division of Criminal Justice Services in the Department	113121
of Public Safety and the Public Defender Commission may each	113122
request, upon approval of the Director of Budget and Management,	113123
additional funds from appropriation item 911401, Emergency	113124
Purposes/Contingencies, for costs related to the disturbance that	113125
occurred on April 11, 1993, at the Southern Ohio Correctional	113126
Facility in Lucasville, Ohio.	113127

MANDATE ASSISTANCE

113128

(A) The foregoing appropriation item 911404, Mandate	113129
Assistance, shall be used to provide financial assistance to local	113130
units of government and school districts for the cost of the	113131
following two state mandates:	113132

(1) The cost to county prosecutors for prosecuting certain	113133
felonies that occur on the grounds of state institutions operated	113134
by the Department of Rehabilitation and Correction and the	113135
Department of Youth Services;	113136

(2) The cost to school districts of in-service training for	113137
child abuse detection.	113138

(B) The Division of Criminal Justice Services in the	113139
Department of Public Safety and the Department of Education may	113140
prepare and submit to the Controlling Board one or more requests	113141
to transfer appropriations from appropriation item 911404,	113142
Mandate Assistance. The state agencies charged with this	113143
administrative responsibility are listed below, as well as the	113144
estimated annual amounts that may be used for each program of	113145
state financial assistance.	113146

		ESTIMATED	113147
	ADMINISTERING	ANNUAL	113148
PROGRAM	AGENCY	AMOUNT	113149

Prosecution Costs	Division of Criminal	$125,446	113150
	Justice Services		113151
Child Abuse Detection Training Costs	Department of Education	$419,971	113152

(C) Subject to the total amount appropriated in each fiscal	113153
year for appropriation item 911404, Mandate Assistance, the	113154
Division of Criminal Justice Services and the Department of	113155
Education may request from the Controlling Board that amounts	113156
smaller or larger than these estimated annual amounts be	113157
transferred to each program.	113158

(D) In addition to making the initial transfers requested by	113159
the Division of Criminal Justice Services and the Department of	113160
Education, the Controlling Board may transfer appropriations	113161
received by a state agency under this section back to	113162
appropriation item 911404, Mandate Assistance, or to the other	113163
program of state financial assistance identified under this	113164
section.	113165

(E) It is expected that not all costs incurred by local units	113166
of government and school districts under each of the two programs	113167
of state financial assistance identified in this section will be	113168
fully reimbursed by the state. Reimbursement levels may vary by	113169
program and shall be based on: the relationship between the	113170
appropriation transfers requested by the Division of Criminal	113171
Justice Services and the Department of Education and provided by	113172
the Controlling Board for each of the programs; the rules and	113173
procedures established for each program by the administering state	113174
agency; and the actual costs incurred by local units of	113175
government and school districts.	113176

(F) Each of these programs of state financial assistance	113177
shall be carried out as follows:	113178

(1) PROSECUTION COSTS

113179

(a) Appropriations may be transferred to the Division of	113180
Criminal Justice Services to cover local prosecution costs for	113181
aggravated murder, murder, felonies of the first degree, and	113182
felonies of the second degree that occur on the grounds of	113183
institutions operated by the Department of Rehabilitation and	113184
Correction and the Department of Youth Services.	113185

(b) Upon a delinquency filing in juvenile court or the return	113186
of an indictment for aggravated murder, murder, or any felony of	113187
the first or second degree that was committed at a Department of	113188
Youth Services or a Department of Rehabilitation and Correction	113189
institution, the affected county may, in accordance with rules	113190
that the Division of Criminal Justice Services shall adopt, apply	113191
to the Division of Criminal Justice Services for a grant to cover	113192
all documented costs that are incurred by the county prosecutor's	113193
office.	113194

(c) Twice each year, the Division of Criminal Justice	113195
Services shall designate counties to receive grants from those	113196
counties that have submitted one or more applications in	113197
compliance with the rules that have been adopted by the Division	113198
of Criminal Justice Services for the receipt of such grants. In	113199
each year's first round of grant awards, if sufficient	113200
appropriations have been made, up to a total of $100,000 may be	113201
awarded. In each year's second round of grant awards, the	113202
remaining appropriations available for this purpose may be	113203
awarded.	113204

(d) If for a given round of grants there are insufficient	113205
appropriations to make grant awards to all the eligible counties,	113206
the first priority shall be given to counties with cases involving	113207
aggravated murder and murder; second priority shall be given to	113208
counties with cases involving a felony of the first degree; and	113209
third priority shall be given to counties with cases involving a	113210
felony of the second degree. Within these priorities, the grant	113211
awards shall be based on the order in which the applications were	113212
received, except that applications for cases involving a felony of	113213
the first or second degree shall not be considered in more than	113214
two consecutive rounds of grant awards.	113215

(2) CHILD ABUSE DETECTION TRAINING COSTS

113216

Appropriations may be transferred to the Department of	113217
Education for payment to local school districts as full or partial	113218
reimbursement for the cost of providing in-service training for	113219
child abuse detection. In accordance with rules that the	113220
Department shall adopt, a local school district may apply to the	113221
Department for a grant to cover all documented costs that are	113222
incurred to provide in-service training for child abuse detection.	113223
The department shall make grants within the limits of the funding	113224
provided.	113225

(G) Any moneys allocated within appropriation item 911404,	113226
Mandate Assistance, not fully utilized may, upon application of	113227
the Ohio Public Defender Commission, and with the approval of the	113228
Controlling Board, be paid to boards of county commissioners to	113229
provide additional reimbursement for the costs incurred by	113230
counties in providing defense to indigent defendants pursuant to	113231
Chapter 120. of the Revised Code. Application for the unutilized	113232
funds shall be made by the Ohio Public Defender Commission at the	113233
first June meeting of the Controlling Board.	113234

The amount to be paid to each county shall be allocated	113235
proportionately on the basis of the total amount of reimbursement	113236
paid to each county as a percentage of the amount of reimbursement	113237
paid to all of the counties during the most recent state fiscal	113238
year for which data is available and as calculated by the Ohio	113239
Public Defender Commission.	113240

BALLOT ADVERTISING COSTS

113241

Pursuant to section 3501.17 of the Revised Code, and upon	113242
requests submitted by the Secretary of State, the Controlling	113243
Board shall approve transfers from the foregoing appropriation	113244
item 911441, Ballot Advertising Costs, to appropriation item	113245
050621, Statewide Ballot Advertising, in order to pay for the	113246
cost of public notices associated with statewide ballot	113247
initiatives.	113248

Section 247.10. COS STATE BOARD OF COSMETOLOGY

113249

General Services Fund Group	113250

4K90	879609	Operating Expenses	$	3,533,679	$	3,533,679	113251
TOTAL GSF General Services Fund							113252
Group			$	3,533,679	$	3,533,679	113253
TOTAL ALL BUDGET FUND GROUPS			$	3,533,679	$	3,533,679	113254

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	113256
AND FAMILY THERAPIST BOARD	113257

General Services Fund Group	113258

4K90	899609	Operating Expenses	$	1,179,774	$	1,179,774	113259
TOTAL GSF General Services Fund							113260
Group			$	1,179,774	$	1,179,774	113261
TOTAL ALL BUDGET FUND GROUPS			$	1,179,774	$	1,179,774	113262

Section 251.10. CLA COURT OF CLAIMS

113264

General Revenue Fund	113265

GRF	015321		Operating Expenses		$	2,699,369		$	2,780,350		113266
TOTAL GRF General Revenue Fund					$	2,699,369		$	2,780,350		113267

State Special Revenue Fund Group	113268

5K20	015603	CLA Victims of Crime	$	1,582,684	$	1,582,684	113269
TOTAL SSR State Special Revenue							113270
Fund Group			$	1,582,684	$	1,582,684	113271
TOTAL ALL BUDGET FUND GROUPS			$	4,282,053	$	4,363,034	113272

Section 253.10. AFC OHIO CULTURAL FACILITIES COMMISSION

113274

General Revenue Fund	113275

GRF	371321	Operating Expenses	$	140,909	$	140,909	113276
GRF	371401	Lease Rental Payments	$	26,454,900	$	28,301,600	113277
TOTAL GRF General Revenue Fund			$	26,595,809	$	28,442,509	113278

State Special Revenue Fund Group	113279

4T80	371601	Riffe Theatre Equipment Maintenance	$	81,000	$	81,000	113280
4T80	371603	Project Administration Services	$	1,302,866	$	1,302,866	113281
TOTAL SSR State Special Revenue Group			$	1,383,866	$	1,383,866	113282
TOTAL ALL BUDGET FUND GROUPS			$	27,979,675	$	29,826,375	113283

LEASE RENTAL PAYMENTS

113284

The foregoing appropriation item 371401, Lease Rental	113285
Payments, shall be used to meet all payments from the Ohio	113286
Cultural Facilities Commission to the Treasurer of State during	113287
the period from July 1, 2009, to June 30, 2011, under the primary	113288
leases and agreements for those arts and sports facilities made	113289
under Chapters 152. and 154. of the Revised Code. This	113290
appropriation is the source of funds pledged for bond service	113291
charges on related obligations issued under Chapters 152. and	113292
154. of the Revised Code.	113293

OPERATING EXPENSES

113294

The foregoing appropriation item 371321, Operating Expenses,	113295
shall be used by the Ohio Cultural Facilities Commission to carry	113296
out its responsibilities under this section and Chapter 3383. of	113297
the Revised Code.	113298

By the tenth day following each calendar quarter in each	113299
fiscal year, or as soon as possible thereafter, the Director of	113300
Budget and Management shall determine the amount of cash from	113301
interest earnings to be transferred from the Cultural and Sports	113302
Facilities Building Fund (Fund 7030) to the Cultural Facilities	113303
Commission Administration Fund (Fund 4T80).	113304

As soon as possible after each bond issuance made on behalf	113305
of the Cultural Facilities Commission, the Director of Budget and	113306
Management shall determine the amount of cash from any premium	113307
paid on each issuance that is available to be transferred after	113308
all issuance costs have been paid from the Cultural and Sports	113309
Facilities Building Fund (Fund 7030) to the Cultural Facilities	113310
Commission Administration Fund (Fund 4T80).	113311

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

113312

The Executive Director of the Cultural Facilities Commission	113313
shall certify to the Director of Budget and Management the amount	113314
of cash receipts and related investment income, irrevocable	113315
letters of credit from a bank, or certification of the	113316
availability of funds that have been received from a county or a	113317
municipal corporation for deposit into the Capital Donations Fund	113318
(Fund 5A10) and that are related to an anticipated project. These	113319
amounts are hereby appropriated to appropriation item C37146,	113320
Capital Donations. Prior to certifying these amounts to the	113321
Director, the Executive Director shall make a written agreement	113322
with the participating entity on the necessary cash flows required	113323
for the anticipated construction or equipment acquisition project.	113324

Section 255.10. DEN STATE DENTAL BOARD

113325

General Services Fund Group	113326

4K90	880609	Operating Expenses	$	1,528,749	$	1,528,749	113327
TOTAL GSF General Services Fund							113328
Group			$	1,528,749	$	1,528,749	113329
TOTAL ALL BUDGET FUND GROUPS			$	1,528,749	$	1,528,749	113330

Section 257.10. BDP BOARD OF DEPOSIT

113332

General Services Fund Group	113333

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	113334
TOTAL GSF General Services Fund							113335
Group			$	1,876,000	$	1,876,000	113336
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	113337

BOARD OF DEPOSIT EXPENSE FUND

113338

Upon receiving certification of expenses from the Treasurer	113339
of State, the Director of Budget and Management shall transfer	113340
cash from the Investment Earnings Redistribution Fund (Fund 6080)	113341
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	113342
shall be used pursuant to section 135.02 of the Revised Code to	113343
pay for any and all necessary expenses of the Board of Deposit or	113344
for banking charges and fees required for the operation of the	113345
State of Ohio Regular Account.	113346

Section 259.10. DEV DEPARTMENT OF DEVELOPMENT

113347

General Revenue Fund	113348

GRF	195401	Thomas Edison Program	$	15,946,751	$	15,946,751	113349
GRF	195404	Small Business Development	$	1,565,770	$	1,565,770	113350
GRF	195405	Minority Business Enterprise Division	$	1,238,528	$	1,238,528	113351
GRF	195407	Travel and Tourism	$	1,399,410	$	1,399,410	113352
GRF	195410	Defense Conversion Assistance	$	3,000,000	$	1,000,000	113353
GRF	195412	Rapid Outreach Grants	$	11,000,000	$	11,000,000	113354
GRF	195415	Strategic Business Investment Division and Regional Offices	$	5,882,129	$	5,882,129	113355
GRF	195416	Governor's Office of Appalachia	$	4,508,741	$	4,508,741	113356
GRF	195422	Technology Action	$	3,500,000	$	3,500,000	113357
GRF	195426	Clean Ohio Implementation	$	168,365	$	168,365	113358
GRF	195432	Global Markets	$	3,889,566	$	3,889,566	113359
GRF	195434	Industrial Training Grants	$	11,334,893	$	11,334,893	113360
GRF	195436	Labor/Management Cooperation	$	752,603	$	752,603	113361
GRF	195497	CDBG Operating Match	$	1,056,075	$	1,056,075	113362
GRF	195498	State Match Energy	$	246,820	$	246,820	113363
GRF	195501	Appalachian Local Development Districts	$	391,482	$	391,482	113364
GRF	195502	Appalachian Regional Commission Dues	$	221,924	$	221,924	113365
GRF	195507	Travel and Tourism Grants	$	2,005,000	$	2,005,000	113366
GRF	195520	Ohio Main Street Program	$	575,000	$	75,000	113367
GRF	195521	Discover Ohio!	$	6,800,903	$	6,800,903	113368
GRF	195522	Targeted Industry Training Grants	$	3,800,000	$	3,800,000	113369
GRF	195523	Workforce Retention & Attraction	$	500,000	$	500,000	113370
GRF	195524	EfficientGovNow Match	$	1,000,000	$	0	113371
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	20,948,300	$	29,011,600	113372
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	5,685,400	$	10,601,900	113373
TOTAL GRF General Revenue Fund			$	107,417,660	$	116,897,460	113374

General Services Fund Group	113375

1350	195684	Supportive Services	$	12,162,444	$	12,184,444	113376
4W10	195646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	113377
5AD0	195677	Economic Development Contingency	$	4,000,000	$	4,000,000	113378
5DU0	195689	Energy Projects	$	840,000	$	840,000	113379
5W50	195690	Travel and Tourism Cooperative Projects	$	350,000	$	350,000	113380
6850	195636	Direct Cost Recovery Expenditures	$	1,000,000	$	1,000,000	113381
TOTAL GSF General Services Fund							113382
Group			$	20,933,041	$	20,955,041	113383

Federal Special Revenue Fund Group	113384

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	113385
3080	195603	Housing and Urban Development	$	6,000,000	$	6,000,000	113386
3080	195605	Federal Projects	$	27,000,000	$	27,000,000	113387
3080	195609	Small Business Administration	$	5,011,381	$	5,011,381	113388
3080	195618	Energy Federal Grants	$	3,400,000	$	3,400,000	113389
3350	195610	Energy Conservation and Emerging Technology	$	1,800,000	$	1,100,000	113390
3AE0	195643	Workforce Development Initiatives	$	17,000,000	$	16,500,000	113391
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	113392
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	113393
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	113394
3L00	195612	Community Services Block Grant	$	25,235,000	$	25,235,000	113395
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	113396
TOTAL FED Federal Special Revenue							113397
Fund Group			$	328,664,989	$	327,464,989	113398

State Special Revenue Fund Group	113399

4440	195607	Water and Sewer Commission Loans	$	500,000	$	500,000	113400
4500	195624	Minority Business Bonding Program Administration	$	53,967	$	53,967	113401
4510	195625	Economic Development Financing Operating	$	3,433,311	$	3,433,311	113402
4F20	195639	State Special Projects	$	400,000	$	400,000	113403
4F20	195676	Marketing Initiatives	$	6,100,000	$	6,100,000	113404
4F20	195699	Utility Provided Funds	$	500,000	$	500,000	113405
4S00	195630	Tax Incentive Programs	$	650,800	$	650,800	113406
5CG0	195679	Alternative Fuel Transportation	$	1,000,000	$	1,000,000	113407
5M40	195659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	113408
5M50	195660	Advanced Energy Programs	$	17,000,000	$	17,000,000	113409
5W60	195691	International Trade Cooperative Projects	$	25,000	$	0	113410
5X10	195651	Exempt Facility Inspection	$	8,000	$	0	113411
6110	195631	Water and Sewer Administration	$	10,000	$	10,000	113412
6170	195654	Volume Cap Administration	$	200,000	$	200,000	113413
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	113414
TOTAL SSR State Special Revenue							113415
Fund Group			$	327,881,078	$	327,848,078	113416

Facilities Establishment Fund Group	113417

4Z60	195647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	113418
5D20	195650	Urban Redevelopment Loans	$	5,000,000	$	5,000,000	113419
5S80	195627	Rural Development Initiative	$	3,000,000	$	3,000,000	113420
5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	113421
7008	195698	Logistics & Distribution Infrastructure	$	50,000,000	$	0	113422
7009	195664	Innovation Ohio	$	20,000,000	$	20,000,000	113423
7010	195665	Research and Development	$	35,000,000	$	35,000,000	113424
7037	195615	Facilities Establishment	$	65,000,000	$	65,000,000	113425
TOTAL 037 Facilities							113426
Establishment Fund Group			$	184,000,000	$	134,000,000	113427

Clean Ohio Revitalization Fund	113428

7003	195663		Clean Ohio Operating		$	964,200		$	953,300		113429
TOTAL 7003 Clean Ohio Revitalization Fund					$	964,200		$	953,300		113430

Third Frontier Research & Development Fund Group	113431

7011	195687	Third Frontier Research & Development Projects	$	55,000,000	$	55,000,000	113432
7014	195692	Research & Development Taxable Bond Projects	$	6,000,000	$	6,000,000	113433
TOTAL 011 Third Frontier Research & Development Fund Group			$	61,000,000	$	61,000,000	113434

Job Ready Site Development Fund Group	113435

7012	195688		Job Ready Site Operating		$	1,246,155		$	1,246,155		113436
TOTAL 012 Job Ready Site Development Fund Group					$	1,246,155		$	1,246,155		113437

Tobacco Master Settlement Agreement Fund Group	113438

5Z30	195694	Jobs Fund Bioproducts	$	40,000,000	$	10,000,000	113439
5Z30	195695	Jobs Fund Biomedical	$	80,000,000	$	20,000,000	113440
M087	195435	Biomedical Research and Technology Transfer	$	1,257,363	$	1,259,563	113441
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	121,257,363	$	31,259,563	113442
TOTAL ALL BUDGET FUND GROUPS			$	1,153,364,486	$	1,021,624,586	113443

Section 259.10.10. THOMAS EDISON PROGRAM

113445

The foregoing appropriation item 195401, Thomas Edison	113446
Program, shall be used for the purposes of sections 122.28 to	113447
122.38 of the Revised Code. Of the foregoing appropriation item	113448
195401, Thomas Edison Program, not more than ten per cent in each	113449
fiscal year shall be used for operating expenditures in	113450
administering the programs of the Technology and Innovation	113451
Division.	113452

Notwithstanding any provision of law to the contrary, of the	113453
foregoing appropriation item 195401, Thomas Edison Program,	113454
$75,000 in each fiscal year shall be used for the City of	113455
Cleveland and $75,000 in each fiscal year shall be used for the	113456
City of Toledo to develop the Toledo-Cleveland Energy Corridor.	113457
These funds shall not be released unless the Department of	113458
Development first secures a commitment of matching funds from each	113459
recipient.	113460

Notwithstanding any provision of law to the contrary, of the	113461
foregoing appropriation item 195401, Thomas Edison Program,	113462
$160,000 in fiscal year 2010 shall be used for an in-depth	113463
workforce needs assessment for the advanced and renewable energy	113464
industry and affiliated suppliers in Northwest Ohio. The	113465
assessment shall identify the skill sets required for workers	113466
needed by the industry. Any unexpended and unencumbered portion of	113467
the moneys appropriated for this purpose in fiscal year 2010 shall	113468
be reappropriated for the same purpose in fiscal year 2011.	113469

Section 259.10.20. SMALL BUSINESS DEVELOPMENT

113470

The foregoing appropriation item 195404, Small Business	113471
Development, shall be used as matching funds for grants from the	113472
United States Small Business Administration and other federal	113473
agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub.	113474
L. No. 98-395 (1984), and regulations and policy guidelines for	113475
the programs pursuant thereto. This appropriation item also may be	113476
used to provide grants to local organizations to support the	113477
operation of small business development centers and other local	113478
economic development activities that promote small business	113479
development and entrepreneurship.	113480

Section 259.10.25. DEFENSE CONVERSION ASSISTANCE

113481

The foregoing appropriation item 195410, Defense Conversion	113482
Assistance, shall be used by Development Projects, Inc., for the	113483
creation of new jobs to leverage and support mission gains at	113484
Wright-Patterson Air Force Base in defense intelligence, aerospace	113485
research, and related areas from successful base realignment and	113486
closure efforts. Moneys shall not be disbursed for any project	113487
under this section without the approval of the Director of	113488
Development.	113489

Section 259.10.30. RAPID OUTREACH GRANTS

113490

The foregoing appropriation item 195412, Rapid Outreach	113491
Grants, shall be used as an incentive for attracting, expanding,	113492
and retaining business opportunities for the state. Projects	113493
offering substantial opportunities for new, expanding, or retained	113494
business operations in Ohio, are eligible for grant funding. The	113495
projects must create or retain a significant number of jobs for	113496
Ohioans. An award of grant funds is reserved for only those	113497
instances in which Ohio's ability to attract, retain, or assist	113498
with an expansion of a project depends on an award of funds from	113499
appropriation item 195412, Rapid Outreach Grants.	113500

The department's primary goal shall be to award funds	113501
directly to business entities considering Ohio for their	113502
expansion or new site location opportunities. Rapid Outreach	113503
grants shall be used by recipients to purchase equipment, make	113504
infrastructure improvements, make real property improvements, or	113505
fund other fixed assets. To meet the particular needs of economic	113506
development in a region, the department may elect to award funds	113507
directly to a political subdivision to assist with making on- or	113508
off-site infrastructure improvements to water and sewage	113509
treatment facilities, electric or gas service connections, fiber	113510
optic access, rail facilities, site preparation, and parking	113511
facilities. The Director of Development may recommend that the	113512
funds be used for alternative purposes when considered	113513
appropriate to satisfy an economic development opportunity or	113514
need deemed extraordinary in nature by the Director.	113515

The foregoing appropriation item 195412, Rapid Outreach	113516
Grants, may be expended only after the submission of a request to	113517
the Controlling Board by the Department of Development outlining	113518
the planned use of the funds, and the subsequent approval of the	113519
request by the Controlling Board.	113520

The foregoing appropriation item 195412, Rapid Outreach	113521
Grants, may be used for, but is not limited to, construction,	113522
rehabilitation, and acquisition projects for rail freight	113523
assistance as requested by the Department of Transportation. The	113524
Director of Transportation shall submit the proposed projects to	113525
the Director of Development for an evaluation of potential	113526
economic benefit.	113527

Section 259.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND	113528
REGIONAL OFFICES	113529

The foregoing appropriation item 195415, Strategic Business	113530
Investment Division and Regional Offices, shall be used for the	113531
operating expenses of the Strategic Business Investment Division	113532
and the regional economic development offices and for grants for	113533
cooperative economic development ventures.	113534

Section 259.10.50. GOVERNOR'S OFFICE OF APPALACHIA

113535

The foregoing appropriation item 195416, Governor's Office of	113536
Appalachia, may be used for the administrative costs of planning	113537
and liaison activities for the Governor's Office of Appalachia,	113538
to provide financial assistance to projects in Ohio's	113539
Appalachian counties, and to match federal funds from the	113540
Appalachian Regional Commission.	113541

Section 259.10.60. TECHNOLOGY ACTION

113542

The foregoing appropriation item 195422, Technology Action,	113543
shall be used for operating expenses the Department of	113544
Development incurs for administering sections 184.10 to 184.20 of	113545
the Revised Code. If the appropriation is insufficient to cover	113546
the operating expenses, the Department may request Controlling	113547
Board approval to appropriate the additional amount needed in	113548
appropriation item 195686, Third Frontier Operating. The	113549
Department shall not request an amount in excess of the amount	113550
needed.	113551

Section 259.10.70. CLEAN OHIO IMPLEMENTATION

113552

The foregoing appropriation item 195426, Clean Ohio	113553
Implementation, shall be used to fund the costs of administering	113554
the Clean Ohio Revitalization program and other urban	113555
revitalization programs that may be implemented by the Department	113556
of Development.	113557

Section 259.10.80. GLOBAL MARKETS

113558

The foregoing appropriation item 195432, Global Markets,	113559
shall be used to administer Ohio's foreign trade and investment	113560
programs, including operation and maintenance of Ohio's	113561
out-of-state trade and investment offices. This appropriation	113562
item also shall be used to fund the Global Markets Division and to	113563
assist Ohio manufacturers, agricultural producers, and service	113564
providers in exporting to foreign countries and to assist in the	113565
attraction of foreign direct investment.	113566

Section 259.10.90. OHIO WORKFORCE GUARANTEE PROGRAM

113567

The foregoing appropriation item 195434, Industrial Training	113568
Grants, may be used for the Ohio Workforce Guarantee Program to	113569
promote training through grants to businesses and, in the case of	113570
a business consortium, training and education providers for the	113571
reimbursement of eligible training expenses.	113572

Of the foregoing appropriation item 195643, Workforce	113573
Development Initiatives, $5,400,000 in each fiscal year shall be	113574
used to support the Ohio Workforce Guarantee Grant Program.	113575

Of the foregoing appropriation item 195643, Workforce	113576
Development Initiatives, $50,000 in each fiscal year shall be used	113577
for the NewLife Technical Institute in support of the Bridges from	113578
Poverty to IT Jobs pilot program.	113579

Section 259.15.10. STATE MATCH ENERGY

113580

Of the foregoing appropriation item 195498, State Match	113581
Energy, $150,000 in each fiscal year shall be used to support the	113582
Ross County Auditor in conducting a study of renewable energy	113583
sources for schools. The study shall investigate the feasibility	113584
of implementing bio-fuel energy sources for school heating	113585
systems.	113586

Section 259.20.10. OHIO FILM OFFICE

113587

The Ohio Film Office shall promote media productions in the	113588
state and help the industry optimize its production experience in	113589
the state by enhancing local economies through increased	113590
employment and tax revenues and ensuring an accurate portrayal of	113591
Ohio. The Office shall serve as an informational clearinghouse and	113592
provide technical assistance to the media production industry and	113593
business entities engaged in media production in the state. The	113594
Office shall promote Ohio as the ideal site for media production	113595
and help those in the industry benefit from their experience in	113596
the state.	113597

The primary objective of the Office shall be to encourage	113598
development of a strong capital base for electronic media	113599
production in order to achieve an independent, self-supporting	113600
industry in Ohio. Other objectives shall include:	113601

(A) Attracting private investment for the electronic media	113602
production industry;	113603

(B) Developing a tax infrastructure that encourages private	113604
investment; and	113605

(C) Encouraging increased employment opportunities within	113606
this sector and increased competition with other states.	113607

Section 259.20.15. TRAVEL AND TOURISM GRANTS

113608

Of the foregoing appropriation item 195507, Travel and	113609
Tourism Grants, $550,000 in each fiscal year shall be used to	113610
support operating expenses at the National Underground Railroad	113611
Freedom Center.	113612

Of the foregoing appropriation item 195507, Travel and	113613
Tourism Grants, $400,000 in each fiscal year shall be used for the	113614
Great Lakes Science Center.	113615

Of the foregoing appropriation item 195507, Travel and	113616
Tourism Grants, $250,000 in each fiscal year shall be used for the	113617
Cleveland Zoo.	113618

Of the foregoing appropriation item 195507, Travel and	113619
Tourism Grants, $50,000 in each fiscal year shall be used for the	113620
Greater Cleveland Sports Commission, and $50,000 in each fiscal	113621
year shall be used for the Greater Columbus Sports Commission.	113622

Of the foregoing appropriation item 195507, Travel and	113623
Tourism Grants, $50,000 in each fiscal year shall be used for the	113624
Montgomery County Youth Sports Initiative to attract Amateur	113625
Athletic Union tournaments.	113626

Of the foregoing appropriation item 195507, Travel and	113627
Tourism Grants, $80,000 in each fiscal year shall be used for the	113628
outdoor dramas Tecumseh! and Trumpet in the Land.	113629

Of the foregoing appropriation item 195507, Travel and	113630
Tourism Grants, $500,000 in each fiscal year shall be used for the	113631
International Center for the Preservation of Wild Animals.	113632

Of the foregoing appropriation item 195507, Travel and	113633
Tourism Grants, $25,000 in each fiscal year shall be used for	113634
Ohio's Appalachian Country to support tourism activities in	113635
Appalachian counties.	113636

Of the foregoing appropriation item 195507, Travel and	113637
Tourism Grants, $50,000 in each fiscal year shall be used for the	113638
Columbus Film Commission.	113639

Section 259.20.20. DISCOVER OHIO!

113640

The foregoing appropriation item 195521, Discover Ohio!,	113641
shall be used by the Ohio Tourism Division in the Department of	113642
Development for marketing and promoting Ohio as a tourism	113643
destination and for costs associated with operating such	113644
programs.	113645

Section 259.20.25. EFFICIENTGOVNOW MATCH

113646

Of the foregoing appropriation item 195524, EfficientGovNow	113647
Match, up to $150,000 in fiscal year 2010 shall be used to match	113648
grants awarded by EfficientGovNow in Northeast Ohio. The state	113649
shall match up to three grants, and no state matching grant shall	113650
exceed $50,000.	113651

Of the foregoing appropriation item 195524, EfficientGovNow	113652
Match, up to $850,000 in fiscal year 2010 shall be used to match	113653
grants awarded by EfficientGovNow if EfficientGovNow expands	113654
statewide.	113655

Any unexpended and unencumbered portion of the foregoing	113656
appropriation item 195524, EfficientGovNow Match, at the end of	113657
fiscal year 2010 is hereby appropriated for the same purpose in	113658
fiscal year 2011.	113659

Section 259.20.30. THIRD FRONTIER RESEARCH & DEVELOPMENT	113660
GENERAL OBLIGATION DEBT SERVICE	113661

The foregoing appropriation item 195905, Third Frontier	113662
Research & Development General Obligation Debt Service, shall be	113663
used to pay all debt service and related financing costs during	113664
the period from July 1, 2009, to June 30, 2011, on obligations	113665
issued for research and development purposes under sections 151.01	113666
and 151.10 of the Revised Code.	113667

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

113668

The foregoing appropriation item 195912, Job Ready Site	113669
Development General Obligation Debt Service, shall be used to pay	113670
all debt service and related financing costs during the period	113671
from July 1, 2009, to June 30, 2011, on obligations issued for job	113672
ready site development purposes under sections 151.01 and 151.11	113673
of the Revised Code.	113674

Section 259.20.40. SUPPORTIVE SERVICES

113675

The Director of Development may assess divisions of the	113676
department for the cost of central service operations. An	113677
assessment shall contain the characteristics of administrative	113678
ease and uniform application. A division's payments shall be	113679
credited to the Supportive Services Fund (Fund 1350) using an	113680
intrastate transfer voucher.	113681

ECONOMIC DEVELOPMENT CONTINGENCY

113682

The foregoing appropriation item 195677, Economic	113683
Development Contingency, may be used to award funds directly to	113684
either (1) business entities considering Ohio for expansion or new	113685
site location opportunities or (2) political subdivisions to	113686
assist with necessary costs involved in attracting a business	113687
entity. In addition, the Director of Development may award funds	113688
for alternative purposes when appropriate to satisfy an economic	113689
development opportunity or need deemed extraordinary in nature by	113690
the Director.	113691

DIRECT COST RECOVERY EXPENDITURES

113692

The foregoing appropriation item 195636, Direct Cost	113693
Recovery Expenditures, shall be used for reimbursable costs.	113694
Revenues to the General Reimbursement Fund (Fund 6850) shall	113695
consist of moneys charged for administrative costs that are not	113696
central service costs.	113697

Section 259.20.50. HEAP WEATHERIZATION

113698

Up to fifteen per cent of the federal funds deposited to the	113699
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	113700
may be expended from appropriation item 195614, HEAP	113701
Weatherization, to provide home weatherization services in the	113702
state as determined by the Director of Development. Any transfers	113703
or increases in appropriation for the foregoing appropriation	113704
items 195614, HEAP Weatherization, or 195611, Home Energy	113705
Assistance Block Grant, shall be subject to approval by the	113706
Controlling Board.	113707

STATE SPECIAL PROJECTS

113708

The State Special Projects Fund (Fund 4F20), may be used for	113709
the deposit of private-sector funds from utility companies and	113710
for the deposit of other miscellaneous state funds. State moneys	113711
so deposited shall be used to match federal housing grants for the	113712
homeless and to market economic development opportunities in the	113713
state. Private-sector moneys shall be deposited for use in	113714
appropriation item 195699, Utility Provided Funds, and shall be	113715
used to (1) pay the expenses of verifying the income-eligibility	113716
of HEAP applicants, (2) leverage additional federal funds, (3)	113717
fund special projects to assist homeless individuals, (4) fund	113718
special projects to assist with the energy efficiency of	113719
households eligible to participate in the Percentage of Income	113720
Payment Plan, and (5) assist with training programs for agencies	113721
that administer low-income customer assistance programs.	113722

Section 259.20.60. TAX INCENTIVE PROGRAMS OPERATING

113723

The foregoing appropriation item 195630, Tax Incentive	113724
Programs, shall be used for the operating costs of the Office of	113725
Grants and Tax Incentives.	113726

Section 259.20.70. MINORITY BUSINESS ENTERPRISE LOAN

113727

All repayments from the Minority Development Financing	113728
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	113729
Program shall be deposited in the State Treasury to the credit of	113730
the Minority Business Enterprise Loan Fund (Fund 4W10). All	113731
operating costs of administering the Minority Business Enterprise	113732
Loan Fund shall be paid from the Minority Business Enterprise Loan	113733
Fund (Fund 4W10).	113734

MINORITY BUSINESS BONDING FUND

113735

Notwithstanding Chapters 122., 169., and 175. of the Revised	113736
Code, the Director of Development may, upon the recommendation of	113737
the Minority Development Financing Advisory Board, pledge up to	113738
$10,000,000 in the fiscal year 2010-fiscal year 2011 biennium of	113739
unclaimed funds administered by the Director of Commerce and	113740
allocated to the Minority Business Bonding Program under section	113741
169.05 of the Revised Code. The transfer of any cash by the	113742
Director of Budget and Management from the Department of	113743
Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of	113744
Development's Minority Business Bonding Fund (Fund 4490) shall	113745
occur, if requested by the Director of Development, only if such	113746
funds are needed for payment of losses arising from the Minority	113747
Business Bonding Program, and only after proceeds of the initial	113748
transfer of $2,700,000 by the Controlling Board to the Minority	113749
Business Bonding Program has been used for that purpose. Moneys	113750
transferred by the Director of Budget and Management from the	113751
Department of Commerce for this purpose may be moneys in custodial	113752
funds held by the Treasurer of State. If expenditures are required	113753
for payment of losses arising from the Minority Business Bonding	113754
Program, such expenditures shall be made from appropriation item	113755
195623, Minority Business Bonding Contingency in the Minority	113756
Business Bonding Fund, and such amounts are hereby appropriated.	113757

Section 259.20.80. ALTERNATIVE FUEL TRANSPORTATION

113758

Of the foregoing appropriation item 195679, Alternative Fuel	113759
Transportation, not more than ten per cent shall be used by the	113760
Director of Development for administrative costs associated with	113761
the program under section 122.075 of the Revised Code.	113762

ADVANCED ENERGY FUND

113763

The foregoing appropriation item 195660, Advanced Energy	113764
Programs, shall be used to provide financial assistance to	113765
customers for eligible advanced energy projects for residential,	113766
commercial, and industrial business, local government, educational	113767
institution, nonprofit, and agriculture customers, and to pay for	113768
the program's administrative costs as provided in sections 4928.61	113769
to 4928.63 of the Revised Code and rules adopted by the Director	113770
of Development.	113771

OHIO ENERGY RESOURCE CENTER

113772

There is hereby created the Ohio Energy Resource Center at	113773
the Voinovich School of Leadership and Public Affairs at Ohio	113774
University.	113775

The center shall do all of the following:

113776

(A) Act as a knowledge hub for clean energy, advanced energy,	113777
and energy efficiency projects throughout the state;	113778

(B) Maintain a database of research and development projects	113779
in the fields of clean energy, advanced energy, and energy	113780
efficiency undertaken by public institutions of higher education;	113781

(C) Act as a clearinghouse for information and promote	113782
collaboration among public and private entities on federal, state,	113783
and private sources of financial and technical assistance for	113784
advanced energy, clean energy, and energy efficiency projects	113785
including, but not limited to, Edison Technology Centers, Edison	113786
Incubators, and programs under the Third Frontier Commission; and	113787

(D) Provide technical assistance to state government and	113788
local governments, other political subdivisions, mercantile	113789
customers as defined in section 4928.01 of the Revised Code, and	113790
businesses located in an Appalachian county as defined in	113791
section 107.21 of the Revised Code on clean energy, advanced	113792
energy, and energy efficiency projects.	113793

Of the foregoing appropriation item 195660, Advanced Energy	113794
Programs, up to $75,000 in each fiscal year shall be used for the	113795
activities of the Center.	113796

GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS

113797

All payments received by the state pursuant to a series of	113798
settlements with ten brokerage firms reached with the United	113799
States Securities and Exchange Commission, the National	113800
Association of Securities Dealers, the New York Stock Exchange,	113801
the New York Attorney General, and other state regulators	113802
(henceforth referred to as the "Global Analysts Settlement	113803
Agreements"), shall be deposited into the state treasury to the	113804
credit of the Economic Development Contingency Fund (Fund 5Y60).	113805
The fund shall be used by the Director of Development to support	113806
economic development projects. Moneys shall be awarded to either	113807
(1) business entities considering Ohio for expansion or new site	113808
location opportunities or (2) political subdivisions to assist	113809
with necessary costs involved in attracting a business entity. In	113810
addition, the Director of Development may award funds for	113811
alternative purposes when appropriate to satisfy an economic	113812
development opportunity or need deemed extraordinary by the	113813
Director. Grant funds may be expended only after the submission of	113814
a request to the Controlling Board by the Department outlining the	113815
planned use of the funds and the subsequent approval of the	113816
Controlling Board.	113817

VOLUME CAP ADMINISTRATION

113818

The foregoing appropriation item 195654, Volume Cap	113819
Administration, shall be used for expenses related to the	113820
administration of the Volume Cap Program. Revenues received by the	113821
Volume Cap Administration Fund (Fund 6170) shall consist of	113822
application fees, forfeited deposits, and interest earned from the	113823
custodial account held by the Treasurer of State.	113824

OHIO HOUSING TRUST FUND

113825

Notwithstanding any provision of law to the contrary, of the	113826
foregoing appropriation item 195638, Low- and Moderate-Income	113827
Housing Trust Fund, at least $500,000 in each fiscal year shall be	113828
used for activities that provide outreach, organizational	113829
assistance, and information to tenants and residents of	113830
manufactured homes.	113831

INNOVATION OHIO LOAN FUND

113832

The foregoing appropriation item 195664, Innovation Ohio,	113833
shall be used to provide for innovation Ohio purposes, including	113834
loan guarantees and loans under Chapter 166. and particularly	113835
sections 166.12 to 166.16 of the Revised Code.	113836

RESEARCH AND DEVELOPMENT

113837

The foregoing appropriation item 195665, Research and	113838
Development, shall be used to provide for research and development	113839
purposes, including loans, under Chapter 166. and particularly	113840
sections 166.17 to 166.21 of the Revised Code.	113841

Section 259.20.90. LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

113842

The foregoing appropriation item 195698, Logistics and	113843
Distribution Infrastructure, shall be used for eligible logistics	113844
and distribution infrastructure projects as defined in section	113845
166.01 of the Revised Code. Any unexpended and unencumbered	113846
portion of the appropriation item at the end of fiscal year 2009	113847
is hereby reappropriated for the same purpose in fiscal year 2010,	113848
and any unexpended and unencumbered portion of the appropriation	113849
item at the end of fiscal year 2010 is hereby reappropriated for	113850
the same purpose in fiscal year 2011.	113851

FACILITIES ESTABLISHMENT FUND

113852

The foregoing appropriation item 195615, Facilities	113853
Establishment (Fund 7037), shall be used for the purposes of the	113854
Facilities Establishment Fund under Chapter 166. of the Revised	113855
Code.	113856

Notwithstanding Chapter 166. of the Revised Code, an amount	113857
not to exceed $2,000,000 in cash each fiscal year may be	113858
transferred from the Facilities Establishment Fund (Fund 7037) to	113859
the Economic Development Financing Operating Fund (Fund 4510). The	113860
transfer is subject to Controlling Board approval under division	113861
(B) of section 166.03 of the Revised Code.	113862

Notwithstanding Chapter 166. of the Revised Code, an amount	113863
not to exceed $5,000,000 in cash each fiscal year may be	113864
transferred during the biennium from the Facilities Establishment	113865
Fund (Fund 7037) to the Urban Redevelopment Loans Fund (Fund 5D20)	113866
for the purpose of removing barriers to urban core redevelopment.	113867
The Director of Development shall develop program guidelines for	113868
the transfer and release of funds, including, but not limited to,	113869
the completion of all appropriate environmental assessments before	113870
state assistance is committed to a project. The transfers shall be	113871
subject to approval by the Controlling Board upon the submission	113872
of a request by the Department of Development.	113873

Notwithstanding Chapter 166. of the Revised Code, an amount	113874
not to exceed $3,000,000 in cash each fiscal year may be	113875
transferred from the Facilities Establishment Fund (Fund 7037) to	113876
the Rural Industrial Park Loan Fund (Fund 4Z60). The transfer is	113877
subject to Controlling Board approval under section 166.03 of the	113878
Revised Code.	113879

Notwithstanding Chapter 166. of the Revised Code, on the	113880
first day of July of each year of the biennium, or as soon as	113881
possible thereafter, the Director of Budget and Management, at	113882
the request of the Director of Development, shall transfer	113883
$6,102,500 in cash from the Facilities Establishment Fund (Fund	113884
7037) to the General Revenue Fund. The amount transferred is	113885
hereby appropriated for each fiscal year in appropriation item	113886
195412, Rapid Outreach Grants.	113887

Notwithstanding Chapter 166. of the Revised Code, on the	113888
first day of July of each year of the biennium, or as soon as	113889
possible thereafter, the Director of Budget and Management, at the	113890
request of the Director of Development, shall transfer $4,275,000	113891
cash from the Facilities Establishment Fund (Fund 7037) to the Job	113892
Development Initiatives Fund (Fund 5AD0). The amount transferred	113893
is hereby appropriated in each fiscal year in appropriation item	113894
195677, Economic Development Contingency.	113895

Notwithstanding Chapter 166. of the Revised Code, of the	113896
foregoing appropriation item 195615, Facilities Establishment,	113897
$100,000 in each fiscal year shall be used for the Ohio Means Jobs	113898
web site.	113899

Of the foregoing appropriation item 195615, Facilities	113900
Establishment, $1,000,000 in each fiscal year shall be used to	113901
provide loans under the Micro-Lending Program established in	113902
division (C) of section 166.07 of the Revised Code.	113903

ALTERNATIVE FUEL TRANSPORTATION GRANT FUND

113904

Notwithstanding Chapter 166. of the Revised Code, an amount	113905
not to exceed $1,000,000 in cash in fiscal year 2010 and $500,000	113906
in cash in fiscal year 2011 shall be transferred from moneys in	113907
the Facilities Establishment Fund (Fund 7037) to the Alternative	113908
Fuel Transportation Grant Fund (Fund 5CG0) in the Department of	113909
Development.	113910

RURAL DEVELOPMENT INITIATIVE FUND

113911

(A)(1) The Rural Development Initiative Fund (Fund 5S80) is	113912
entitled to receive moneys from the Facilities Establishment Fund	113913
(Fund 7037). The Director of Development may make grants from the	113914
Rural Development Initiative Fund as specified in division (A)(2)	113915
of this section to eligible applicants in Appalachian counties and	113916
in rural counties in the state that are designated as distressed	113917
under section 122.25 of the Revised Code. Preference shall be	113918
given to eligible applicants located in Appalachian counties	113919
designated as distressed by the federal Appalachian Regional	113920
Commission.	113921

(2) The Director of Development shall make grants from the	113922
Rural Development Initiative Fund (Fund 5S80) only to eligible	113923
applicants who also qualify for and receive funding under the	113924
Rural Industrial Park Loan Program as specified in sections 122.23	113925
to 122.27 of the Revised Code. Eligible applicants shall use the	113926
grants for the purposes specified in section 122.24 of the Revised	113927
Code. All projects supported by grants from the fund are subject	113928
to Chapter 4115. of the Revised Code as specified in division (E)	113929
of section 166.02 of the Revised Code. The Director shall develop	113930
program guidelines for the transfer and release of funds. The	113931
release of grant moneys to an eligible applicant is subject to	113932
Controlling Board approval.	113933

(B) Notwithstanding Chapter 166. of the Revised Code, the	113934
Director of Budget and Management may transfer an amount not to	113935
exceed $3,000,000 in cash each fiscal year on an as-needed basis	113936
at the request of the Director of Development from the Facilities	113937
Establishment Fund (Fund 7037) to the Rural Development Initiative	113938
Fund (Fund 5S80). The transfer is subject to Controlling Board	113939
approval under section 166.03 of the Revised Code.	113940

CAPITAL ACCESS LOAN PROGRAM

113941

The foregoing appropriation item 195628, Capital Access Loan	113942
Program, shall be used for operating, program, and administrative	113943
expenses of the program. Funds of the Capital Access Loan Program	113944
shall be used to assist participating financial institutions in	113945
making program loans to eligible businesses that face barriers in	113946
accessing working capital and obtaining fixed-asset financing.	113947

Notwithstanding Chapter 166. of the Revised Code, the	113948
Director of Budget and Management may transfer an amount not to	113949
exceed $3,000,000 in cash each fiscal year on an as-needed basis	113950
at the request of the Director of Development from the Facilities	113951
Establishment Fund (Fund 7037) to the Capital Access Loan Program	113952
Fund (Fund 5S90). The transfer is subject to Controlling Board	113953
approval under section 166.03 of the Revised Code.	113954

Section 259.30.10. CLEAN OHIO OPERATING EXPENSES

113955

The foregoing appropriation item 195663, Clean Ohio	113956
Operating, shall be used by the Department of Development in	113957
administering sections 122.65 to 122.658 of the Revised Code.	113958

Section 259.30.20. THIRD FRONTIER RESEARCH AND DEVELOPMENT	113959
PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS	113960

The foregoing appropriation items 195687, Third Frontier	113961
Research and Development Projects, and 195692, Research and	113962
Development Taxable Bond Projects, shall be used by the Department	113963
of Development to fund selected projects. Eligible costs are those	113964
costs of research and development projects to which the proceeds	113965
of the Third Frontier Research and Development Fund (Fund 7011)	113966
and the Research & Development Taxable Bond Project Fund (Fund	113967
7014) are to be applied.	113968

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

113969

The Director of Budget and Management may approve written	113970
requests from the Director of Development for the transfer of	113971
appropriations between appropriation items 195687, Third Frontier	113972
Research and Development Projects, and 195692, Research and	113973
Development Taxable Bond Projects, based upon awards recommended	113974
by the Third Frontier Commission. The transfers are subject to	113975
approval by the Controlling Board.	113976

On or before June 30, 2010, any unexpended and unencumbered	113977
portions of the foregoing appropriation items 195687, Third	113978
Frontier Research & Development Projects, and 195692, Research &	113979
Development Taxable Bond Projects, for fiscal year 2010 are	113980
hereby reappropriated to the Department of Development for the	113981
same purposes for fiscal year 2011.	113982

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

113983

The Ohio Public Facilities Commission, upon request of the	113984
Department of Development, is hereby authorized to issue and sell,	113985
in accordance with Section 2p of Article VIII, Ohio Constitution,	113986
and particularly sections 151.01 and 151.10 of the Revised Code,	113987
original obligations of the State of Ohio in an aggregate amount	113988
not to exceed $100,000,000 in addition to the original issuance of	113989
obligations authorized by prior acts of the General Assembly. The	113990
authorized obligations shall be issued and sold from time to time	113991
and in amounts necessary to ensure sufficient moneys to the	113992
credit of the Third Frontier Research and Development Fund (Fund	113993
7011) to pay costs of research and development projects.	113994

Section 259.30.30. JOB READY SITE OPERATING

113995

The foregoing appropriation item 195688, Job Ready Site	113996
Operating, shall be used for operating expenses incurred by the	113997
Department of Development in administering the Job Ready Sites	113998
Program authorized under sections 122.085 to 122.0820 of the	113999
Revised Code. Operating expenses include, but are not limited to,	114000
certain expenses of the District Public Works Integrating	114001
Committees, as applicable, engineering review of submitted	114002
applications by the State Architect or a third party engineering	114003
firm, audit and accountability activities, and costs associated	114004
with formal certifications verifying that site infrastructure is	114005
in place and is functional.	114006

Section 259.30.40. THIRD FRONTIER BIOMEDICAL RESEARCH AND	114007
COMMERCIALIZATION PROGRAM	114008

The General Assembly and the Governor recognize the role that	114009
the biomedical industry has in job creation, innovation, and	114010
economic development throughout Ohio. It is the intent of the	114011
General Assembly, the Governor, the Director of Development, and	114012
the Director of Budget and Management to work together in	114013
continuing to provide comprehensive state support for the	114014
biomedical industry as a whole through the Third Frontier	114015
Biomedical Research and Commercialization Program.	114016

Section 259.30.50. JOBS FUND BIOPRODUCTS AND BIOMEDICAL

114017

The foregoing appropriation item 195694, Jobs Fund	114018
Bioproducts, shall be used for the Ohio Bioproducts Development	114019
Program established in section 184.25 of the Revised Code. Of the	114020
foregoing appropriation item 195694, Jobs Fund Bioproducts, not	114021
more than five per cent in each fiscal year shall be used for	114022
operating expenditures in administering the program.	114023

The foregoing appropriation item 195695, Jobs Fund	114024
Biomedical, shall be used for the Ohio Biomedical Development	114025
Program established in section 184.26 of the Revised Code. Of the	114026
foregoing appropriation item 195695, Jobs Fund Biomedical, not	114027
more than five per cent in each fiscal year shall be used for	114028
operating expenditures in administering the program.	114029

Section 259.30.60. JOBS FUND CASH TRANSFER

114030

On June 30, 2011, or as soon as possible thereafter, the	114031
Director of Budget and Management shall transfer the unexpended	114032
and unencumbered cash balance in the Jobs Fund (Fund 5Z30) to the	114033
General Revenue Fund. Upon completion of the transfer, the Jobs	114034
Fund is abolished.	114035

Section 259.30.70. UNCLAIMED FUNDS TRANSFER

114036

(A) Notwithstanding division (A) of section 169.05 of the	114037
Revised Code, upon the request of the Director of Budget and	114038
Management, the Director of Commerce, before June 30, 2010, shall	114039
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	114040
amount not to exceed $4,000,000 in cash of the unclaimed funds	114041
that have been reported by the holders of unclaimed funds under	114042
section 169.05 of the Revised Code, regardless of the allocation	114043
of the unclaimed funds described under that section.	114044

Notwithstanding division (A) of section 169.05 of the Revised	114045
Code, upon the request of the Director of Budget and Management,	114046
the Director of Commerce, before June 30, 2011, shall transfer to	114047
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	114048
exceed $4,000,000 in cash of the unclaimed funds that have been	114049
reported by the holders of unclaimed funds under section 169.05	114050
of the Revised Code, regardless of the allocation of the	114051
unclaimed funds described under that section.	114052

(B) Notwithstanding division (A) of section 169.05 of the	114053
Revised Code, upon the request of the Director of Budget and	114054
Management, the Director of Commerce, before June 30, 2010, shall	114055
transfer to the State Special Projects Fund (Fund 4F20) an amount	114056
not to exceed $6,100,000 of the unclaimed funds that have been	114057
reported by the holders of unclaimed funds under section 169.05	114058
of the Revised Code, regardless of the allocation of the	114059
unclaimed funds described under that section.	114060

Notwithstanding division (A) of section 169.05 of the Revised	114061
Code, upon the request of the Director of Budget and Management,	114062
the Director of Commerce, prior to June 30, 2011, shall transfer	114063
to the State Special Projects Fund (Fund 4F20) an amount not to	114064
exceed $6,100,000 in cash of the unclaimed funds that have been	114065
reported by the holders of unclaimed funds under section 169.05	114066
of the Revised Code, regardless of the allocation of the	114067
unclaimed funds described under that section.	114068

Section 259.30.80. THIRD FRONTIER NEXTGEN NETWORK

114069

Any unexpended, unencumbered amounts of the foregoing	114070
appropriation items 195687, Third Frontier Research & Development	114071
Projects, and 195692, Research & Development Taxable Bond	114072
Projects, that were previously allocated for implementation of the	114073
NextGen Network in fiscal years 2008 and 2009 are hereby	114074
reappropriated for the same purpose in fiscal years 2010 and 2011.	114075

Section 259.30.90. WORKFORCE DEVELOPMENT

114076

The Director of Development and the Director of Job and	114077
Family Services may enter into one or more interagency agreements	114078
between the two departments and take other actions the directors	114079
consider appropriate to further integrate workforce development	114080
into a larger economic development strategy, to implement the	114081
recommendations of the Workforce Policy Board, and to complete	114082
activities related to the transition of the administration of	114083
employment programs identified by the board. Subject to the	114084
approval of the Director of Budget and Management, the Department	114085
of Development and the Department of Job and Family Services may	114086
expend moneys to support the recommendations of the Workforce	114087
Policy Board in the area of integration of employment functions as	114088
described in this paragraph and to complete implementation and	114089
transition activities from the appropriations to those	114090
departments.	114091

Section 261.10. OBD OHIO BOARD OF DIETETICS

114092

General Services Fund Group	114093

4K90	860609	Operating Expenses	$	348,964	$	348,964	114094
TOTAL GSF General Services Fund							114095
Group			$	348,964	$	348,964	114096
TOTAL ALL BUDGET FUND GROUPS			$	348,964	$	348,964	114097

Section 263.10. CDR COMMISSION ON DISPUTE RESOLUTION AND	114099
CONFLICT MANAGEMENT	114100

General Revenue Fund	114101

GRF	145401		Commission Operations		$	349,600		$	349,600		114102
TOTAL GRF General Revenue Fund					$	349,600		$	349,600		114103

General Services Fund Group	114104

4B60	145601		Dispute Resolution Programs		$	140,000		$	140,000		114105
TOTAL GSF General Services Fund Group					$	140,000		$	140,000		114106

TOTAL ALL BUDGET FUND GROUPS

489,600

114107

Section 265.10. EDU DEPARTMENT OF EDUCATION

114109

General Revenue Fund	114110

GRF	200100	Personal Services	$	13,103,147	$	13,103,147	114111
GRF	200320	Maintenance and Equipment	$	3,495,350	$	3,495,350	114112
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	114113
GRF	200410	Educator Training	$	8,210,500	$	8,210,500	114114
GRF	200416	Career-Technical Education Match	$	2,233,195	$	2,233,195	114115
GRF	200420	Computer/Application/ Network Development	$	5,394,826	$	5,394,826	114116
GRF	200421	Alternative Education Programs	$	11,015,885	$	11,015,885	114117
GRF	200422	School Management Assistance	$	9,504,572	$	22,490,572	114118
GRF	200424	Policy Analysis	$	1,056,687	$	1,056,687	114119
GRF	200425	Tech Prep Consortia Support	$	1,594,373	$	1,594,373	114120
GRF	200426	Ohio Educational Computer Network	$	27,411,025	$	27,411,025	114121
GRF	200427	Academic Standards	$	5,789,861	$	5,789,861	114122
GRF	200431	School Improvement Initiatives	$	13,359,997	$	15,359,997	114123
GRF	200437	Student Assessment	$	71,909,814	$	71,909,814	114124
GRF	200439	Accountability/Report Cards	$	6,828,650	$	6,828,650	114125
GRF	200442	Child Care Licensing	$	1,302,495	$	1,302,495	114126
GRF	200446	Education Management Information System	$	15,621,135	$	15,621,135	114127
GRF	200447	GED Testing	$	1,250,353	$	1,250,353	114128
GRF	200448	Educator Preparation	$	2,030,000	$	2,030,000	114129
GRF	200455	Community Schools	$	472,404,384	$	512,686,539	114130
GRF	200457	STEM Initiatives	$	2,000,000	$	4,500,000	114131
GRF	200502	Pupil Transportation	$	448,022,619	$	462,822,619	114132
GRF	200503	Bus Purchase Allowance	$	10,850,000	$	10,850,000	114133
GRF	200505	School Lunch Match	$	11,798,025	$	11,798,025	114134
GRF	200511	Auxiliary Services	$	132,740,457	$	132,740,457	114135
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	59,810,517	$	59,810,517	114136
GRF	200540	Special Education Enhancements	$	139,719,648	$	142,292,936	114137
GRF	200545	Career-Technical Education Enhancements	$	7,754,662	$	7,804,699	114138
GRF	200550	Foundation Funding	$	4,896,132,136	$	4,787,753,026	114139
GRF	200551	Foundation Funding – Federal Stimulus	$	387,583,913	$	457,449,362	114140
GRF	200555	Teach Ohio	$	6,100,000	$	6,100,000	114141
GRF	200578	Violence Prevention and School Safety	$	1,384,924	$	1,384,924	114142
GRF	200587	Community Projects	$	7,225,517	$	7,065,517	114143
GRF	200901	Property Tax Allocation - Education	$	1,008,262,363	$	1,020,655,157	114144
TOTAL GRF General Revenue Fund			$	7,816,169,371	$	7,865,079,984	114145

General Services Fund Group	114146

1380	200606	Computer Services-Operational Support	$	7,600,091	$	7,600,091	114147
4520	200638	Miscellaneous Educational Services	$	275,000	$	275,000	114148
4L20	200681	Teacher Certification and Licensure	$	8,013,206	$	8,147,756	114149
5960	200656	Ohio Career Information System	$	529,761	$	529,761	114150
5H30	200687	School District Solvency Assistance	$	18,000,000	$	18,000,000	114151
TOTAL GSF General Services							114152
Fund Group			$	34,418,058	$	34,552,608	114153

Federal Special Revenue Fund Group	114154

3090	200601	Educationally Disadvantaged Programs	$	8,405,512	$	8,405,512	114155
3670	200607	School Food Services	$	6,324,707	$	6,577,695	114156
3680	200614	Veterans' Training	$	778,349	$	793,846	114157
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	114158
3700	200624	Education of Exceptional Children	$	2,664,000	$	2,755,000	114159
3740	200647	Troops to Teachers	$	100,000	$	100,000	114160
3780	200660	Learn and Serve	$	619,211	$	619,211	114161
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	114162
3AN0	200671	School Improvement Grants	$	17,909,676	$	17,936,675	114163
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	114164
3BK0	200628	Longitudinal Data Systems	$	100,000	$	0	114165
3BV0	200636	Character Education	$	700,000	$	0	114166
3C50	200661	Early Childhood Education	$	14,189,711	$	14,554,749	114167
3CF0	200644	Foreign Language Assistance	$	25,000	$	0	114168
3CG0	200646	Teacher Incentive Fund	$	3,007,975	$	1,157,834	114169
3D10	200664	Drug Free Schools	$	13,347,966	$	13,347,966	114170
3D20	200667	Honors Scholarship Program	$	6,990,000	$	6,985,000	114171
3DJ0	200699	IDEA Part B - Federal Stimulus	$	218,868,026	$	218,868,026	114172
3DK0	200642	Title 1A - Federal Stimulus	$	186,336,737	$	186,336,737	114173
3DL0	200650	IDEA Preschool - Federal Stimulus	$	6,679,679	$	6,679,679	114174
3DM0	200651	Title IID Technology - Federal Stimulus	$	11,951,000	$	11,951,000	114175
3DP0	200652	Title I School Improvement - Federal Stimulus	$	54,221,000	$	54,221,000	114176
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	114177
3L60	200617	Federal School Lunch	$	295,421,000	$	310,150,675	114178
3L70	200618	Federal School Breakfast	$	80,850,000	$	84,892,500	114179
3L80	200619	Child/Adult Food Programs	$	89,250,000	$	93,712,500	114180
3L90	200621	Career-Technical Education Basic Grant	$	48,029,701	$	48,029,701	114181
3M00	200623	ESEA Title 1A	$	530,000,000	$	530,010,000	114182
3M10	200678	Innovative Education	$	1,000,000	$	0	114183
3M20	200680	Individuals with Disabilities Education Act	$	413,391,594	$	421,241,163	114184
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	114185
3T40	200613	Public Charter Schools	$	14,275,618	$	14,291,353	114186
3Y20	200688	21st Century Community Learning Centers	$	36,000,000	$	36,000,000	114187
3Y40	200632	Reading First	$	27,366,373	$	24,455,172	114188
3Y60	200635	Improving Teacher Quality	$	101,778,397	$	101,778,400	114189
3Y70	200689	English Language Acquisition	$	8,142,299	$	8,142,299	114190
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	114191
3Z20	200690	State Assessments	$	12,923,799	$	12,923,799	114192
3Z30	200645	Consolidated Federal Grant Administration	$	8,499,279	$	8,499,280	114193
3Z70	200697	General Supervisory Enhancement Grant	$	887,319	$	0	114194
TOTAL FED Federal Special							114195
Revenue Fund Group			$	2,238,516,279	$	2,262,899,123	114196

State Special Revenue Fund Group	114197

4540	200610	Guidance and Testing	$	450,000	$	450,000	114198
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	114199
4R70	200695	Indirect Operational Support	$	6,050,000	$	6,250,000	114200
4V70	200633	Interagency Operational Support	$	1,111,838	$	1,117,725	114201
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	114202
5BB0	200696	State Action for Education Leadership	$	1,250,000	$	600,000	114203
5BJ0	200626	Half-Mill Maintenance Equalization	$	16,100,000	$	16,600,000	114204
5U20	200685	National Education Statistics	$	300,000	$	300,000	114205
5W20	200663	Early Learning Initiative	$	2,200,000	$	2,200,000	114206
5X90	200911	NGA STEM	$	100,000	$	0	114207
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	114208
TOTAL SSR State Special Revenue							114209
Fund Group			$	55,890,748	$	55,846,635	114210

Lottery Profits Education Fund Group	114211

7017	200612	Foundation Funding	$	705,000,000	$	711,000,000	114212
TOTAL LPE Lottery Profits							114213
Education Fund Group			$	705,000,000	$	711,000,000	114214

Revenue Distribution Fund Group	114215

7047	200909	School District Property Tax Replacement-Business	$	1,150,207,366	$	1,150,207,366	114216
7053	200900	School District Property Tax Replacement-Utility	$	91,123,523	$	91,123,523	114217
TOTAL RDF Revenue Distribution							114218
Fund Group			$	1,241,330,889	$	1,241,330,889	114219
TOTAL ALL BUDGET FUND GROUPS			$	12,091,325,345	$	12,170,709,239	114220

Section 265.10.10. PERSONAL SERVICES

114222

The foregoing appropriation item 200100, Personal Services,	114223
may be used to pay fees for the Department's membership in the	114224
Education Commission of the States, an interstate nonprofit,	114225
nonpartisan organization that supports states with the development	114226
of education policy.	114227

Of the foregoing appropriation item 200100 Personal Services,	114228
up to $25,000 in each fiscal year may be expended to provide for	114229
travel expenses for the members of the State Board of Education.	114230

Of the foregoing appropriation item 200100, Personal	114231
Services, up to $150,000 in each fiscal year shall be used by the	114232
Department of Education to support Ohio's Partnership for	114233
Continued Learning at the direction of the Office of the Governor.	114234
Ohio's Partnership for Continued Learning replaces and broadens	114235
the former Joint Council of the Department of Education and the	114236
Board of Regents. The Partnership shall advise and make	114237
recommendations to promote collaboration among relevant state	114238
entities in an effort to help local communities develop coherent	114239
and successful "P-16" learning systems. The Governor, or the	114240
Governor's designee, shall serve as the chairperson.	114241

Of the foregoing appropriation item 200100, Personal	114242
Services, up to $950,000 in each fiscal year shall be used to	114243
support administration and activities including travel, contract	114244
services, and other expenses of the Governor's Closing the	114245
Achievement Gap Initiative in the Department.	114246

Of the foregoing appropriation item 200100, Personal	114247
Services, up to $200,000 in each fiscal year shall be used to	114248
support administration and activities of the Office of Urban and	114249
Rural Student Success in the Department.	114250

Of the foregoing appropriation item 200100, Personal	114251
Services, up to $700,000 in each fiscal year shall be used to	114252
support administration and activities of the Center for Creativity	114253
and Innovation in the Department.	114254

Section 265.10.20. EARLY CHILDHOOD EDUCATION

114255

The Department of Education shall distribute the foregoing	114256
appropriation item 200408, Early Childhood Education, to pay the	114257
costs of early childhood education programs.	114258

(A) As used in this section:

114259

(1) "Provider" means a city, local, exempted village, or	114260
joint vocational school district, or an educational service	114261
center.	114262

(2) In the case of a city, local, or exempted village school	114263
district, "new eligible provider" means a district that did not	114264
receive state funding for Early Childhood Education in the	114265
previous fiscal year or demonstrates a need for early childhood	114266
programs as defined in division (D) of this section.	114267

(3) "Eligible child" means a child who is at least three	114268
years of age as of the district entry date for kindergarten, is	114269
not of the age to be eligible for kindergarten, and whose family	114270
earns not more than two hundred per cent of the federal poverty	114271
guidelines as defined in division (A)(3) of section 5101.46 of the	114272
Revised Code. Children with an Individualized Education Program	114273
and where the Early Childhood Education program is the least	114274
restrictive environment may be enrolled on their third birthday.	114275

(B) In each fiscal year, up to two per cent of the total	114276
appropriation may be used by the Department for program support	114277
and technical assistance. The Department shall distribute the	114278
remainder of the appropriation in each fiscal year to serve	114279
eligible children.	114280

(C) The Department shall provide an annual report to the	114281
Governor, the Speaker of the House of Representatives, and the	114282
President of the Senate and post the report to the Department's	114283
web site, regarding early childhood education programs operated	114284
under this section and the early learning program guidelines.	114285

(D) After setting aside the amounts to make payments due from	114286
the previous fiscal year, in fiscal year 2010, the Department	114287
shall distribute funds first to recipients of funds for early	114288
childhood education programs under Section 269.10.20 of Am. Sub.	114289
H.B. 119 of the 127th General Assembly in the previous fiscal year	114290
and the balance to new eligible providers of early childhood	114291
education programs under this section or to existing providers to	114292
serve more eligible children or for purposes of program	114293
expansion, improvement, or special projects to promote quality	114294
and innovation.	114295

After setting aside the amounts to make payments due from the	114296
previous fiscal year, in fiscal year 2011, the Department shall	114297
distribute funds first to providers of early childhood education	114298
programs under this section in the previous fiscal year and the	114299
balance to new eligible providers or to existing providers to	114300
serve more eligible children or for purposes of program	114301
expansion, improvement, or special projects to promote quality	114302
and innovation.	114303

Awards under this section shall be distributed on a per-pupil	114304
basis, and in accordance with division (H) of this section. The	114305
Department may adjust the per-pupil amount so that the per-pupil	114306
amount multiplied by the number of eligible children enrolled and	114307
receiving services, as defined by the Department, reported on the	114308
first day of December or the first business day following that	114309
date equals the amount allocated under this section.	114310

(E) Costs for developing and administering an early childhood	114311
education program may not exceed fifteen per cent of the total	114312
approved costs of the program.	114313

All providers shall maintain such fiscal control and	114314
accounting procedures as may be necessary to ensure the	114315
disbursement of, and accounting for, these funds. The control of	114316
funds provided in this program, and title to property obtained	114317
therefrom, shall be under the authority of the approved provider	114318
for purposes provided in the program unless, as described in	114319
division (J) of this section, the program waives its right for	114320
funding or a program's funding is eliminated or reduced due to its	114321
inability to meet financial or early learning program guidelines.	114322
The approved provider shall administer and use such property and	114323
funds for the purposes specified.	114324

(F) The Department may examine a provider's financial and	114325
program records. If the financial practices of the program are not	114326
in accordance with standard accounting principles or do not meet	114327
financial standards outlined under division (E) of this section,	114328
or if the program fails to substantially meet the early learning	114329
program guidelines or exhibits below average performance as	114330
measured against the guidelines, the early childhood education	114331
program shall propose and implement a corrective action plan that	114332
has been approved by the Department. The approved corrective	114333
action plan shall be signed by the chief executive officer and	114334
the executive of the official governing body of the provider. The	114335
corrective action plan shall include a schedule for monitoring by	114336
the Department. Such monitoring may include monthly reports,	114337
inspections, a timeline for correction of deficiencies, and	114338
technical assistance to be provided by the Department or obtained	114339
by the early childhood education program. The Department may	114340
withhold funding pending corrective action. If an early childhood	114341
education program fails to satisfactorily complete a corrective	114342
action plan, the Department may deny expansion funding to the	114343
program or withdraw all or part of the funding to the program and	114344
establish a new eligible provider through a selection process	114345
established by the Department.	114346

(G) Each early childhood education program shall do all of	114347
the following:	114348

(1) Meet teacher qualification requirements prescribed by	114349
section 3301.311 of the Revised Code;	114350

(2) Align curriculum to the early learning content standards	114351
developed by the Department;	114352

(3) Meet any child or program assessment requirements	114353
prescribed by the Department;	114354

(4) Require teachers, except teachers enrolled and working to	114355
obtain a degree pursuant to section 3301.311 of the Revised Code,	114356
to attend a minimum of twenty hours every two years of	114357
professional development as prescribed by the Department;	114358

(5) Document and report child progress as prescribed by the	114359
Department;	114360

(6) Meet and report compliance with the early learning	114361
program guidelines as prescribed by the Department.	114362

(H) Per-pupil funding for programs subject to this section	114363
shall be sufficient to provide eligible children with services	114364
for a standard early childhood schedule which shall be defined in	114365
this section as one-half of the statewide average length of the	114366
school day, as determined by the Department, for the minimum	114367
school year as defined in sections 3313.48, 3313.481, and 3313.482	114368
of the Revised Code. Nothing in this section shall be construed to	114369
prohibit program providers from utilizing other funds to serve	114370
eligible children in programs that exceed the statewide average	114371
length of the school day or that exceed the minimum school year.	114372
For any provider for which a standard early childhood education	114373
does not meet the local need or creates a hardship, the provider	114374
may submit a waiver to the Department requesting an alternate	114375
schedule. If the Department approves a waiver for an alternate	114376
schedule that provides services for less time than the standard	114377
early childhood education schedule, the Department shall reduce	114378
the provider's annual allocation proportionately. Under no	114379
circumstances shall an annual allocation be increased because of	114380
the approval of an alternate schedule.	114381

(I) Each provider shall develop a sliding fee scale based on	114382
family incomes and shall charge families who earn more than two	114383
hundred per cent of the federal poverty guidelines, as defined in	114384
division (A)(3) of section 5101.46 of the Revised Code, for the	114385
early childhood education program.	114386

(J) If an early childhood education program voluntarily	114387
waives its right for funding, or has its funding eliminated for	114388
not meeting financial standards or the early learning program	114389
guidelines, the provider shall transfer control of title to	114390
property, equipment, and remaining supplies obtained through the	114391
program to providers designated by the Department and return any	114392
unexpended funds to the Department along with any reports	114393
prescribed by the Department. The funding made available from a	114394
program that waives its right for funding or has its funding	114395
eliminated or reduced may be used by the Department for new grant	114396
awards or expansion grants. The Department may award new grants	114397
or expansion grants to eligible providers who apply. The eligible	114398
providers who apply must do so in accordance with the selection	114399
process established by the Department.	114400

(K) As used in this section, "early learning program	114401
guidelines" means the guidelines established by the Department	114402
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	114403
66 of the 126th General Assembly.	114404

Section 265.10.23. EARLY CHILDHOOD CABINET

114405

The Governor shall appoint to the entity in the Office of the	114406
Governor known as the Early Childhood Cabinet a representative of	114407
a board of health of a city or general health district or an	114408
authority having the duties of a board of health under section	114409
3709.05 of the Revised Code. The Governor shall make the	114410
appointment not later than six months after the effective date of	114411
this section.	114412

Section 265.10.25. EDUCATOR TRAINING

114413

The foregoing appropriation item 200410, Educator Training,	114414
shall be used by the Department of Education to provide grants to	114415
pay $2,225 of the application fee in order to assist teachers	114416
from public and chartered nonpublic schools applying for the	114417
first time to the National Board for Professional Teaching	114418
Standards for professional teaching certificates or licenses that	114419
the board offers. These moneys shall be used to pay up to the	114420
first 400 applications in each fiscal year received by the	114421
Department. This set aside shall also be used to recognize and	114422
reward teachers who become certified by the National Board for	114423
Professional Teaching Standards under section 3319.55 of the	114424
Revised Code. Up to $300,000 in each fiscal year may be used by	114425
the Department to pay for costs associated with activities to	114426
support candidates through the application and certification	114427
process.	114428

Section 265.10.30. CAREER-TECHNICAL EDUCATION MATCH

114429

The foregoing appropriation item 200416, Career-Technical	114430
Education Match, shall be used by the Department of Education to	114431
provide vocational administration matching funds under 20 U.S.C.	114432
2311.	114433

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

114434

The foregoing appropriation item 200420,	114435
Computer/Application/Network Development, shall be used to support	114436
the development and implementation of information technology	114437
solutions designed to improve the performance and services of the	114438
Department of Education. Funds may be used for personnel,	114439
maintenance, and equipment costs related to the development and	114440
implementation of these technical system projects. Implementation	114441
of these systems shall allow the Department to provide greater	114442
levels of assistance to school districts and to provide more	114443
timely information to the public, including school districts,	114444
administrators, and legislators. Funds may also be used to support	114445
data-driven decision-making and differentiated instruction, as	114446
well as to communicate academic content standards and curriculum	114447
models to schools through web-based applications.	114448

Section 265.10.40. ALTERNATIVE EDUCATION PROGRAMS

114449

Of the foregoing appropriation item 200421, Alternative	114450
Education Programs, $1,000,000 in each fiscal year shall be	114451
provided to Big Brothers Big Sisters of Central Ohio.	114452

The foregoing appropriation item 200421, Alternative	114453
Education Programs, shall be used for the renewal of successful	114454
implementation grants and for competitive matching grants to the	114455
21 urban school districts as defined in division (O) of section	114456
3317.02 of the Revised Code as it existed prior to July 1, 1998,	114457
and for the renewal of successful implementation grants and for	114458
competitive matching grants to rural and suburban school	114459
districts for alternative educational programs for existing and	114460
new at-risk and delinquent youth. Programs shall be focused on	114461
youth in one or more of the following categories: those who have	114462
been expelled or suspended, those who have dropped out of school	114463
or who are at risk of dropping out of school, those who are	114464
habitually truant or disruptive, or those on probation or on	114465
parole from a Department of Youth Services facility. Grants shall	114466
be awarded according to the criteria established by the	114467
Alternative Education Advisory Council in 1999. Grants shall be	114468
awarded only to programs in which the grant will not serve as the	114469
program's primary source of funding. These grants shall be	114470
administered by the Department of Education.	114471

The Department of Education may waive compliance with any	114472
minimum education standard established under section 3301.07 of	114473
the Revised Code for any alternative school that receives a grant	114474
under this section on the grounds that the waiver will enable the	114475
program to more effectively educate students enrolled in the	114476
alternative school.	114477

Of the foregoing appropriation item 200421, Alternative	114478
Education Programs, a portion may be used for program	114479
administration, monitoring, technical assistance, support,	114480
research, and evaluation.	114481

Section 265.10.50. SCHOOL MANAGEMENT ASSISTANCE

114482

Of the foregoing appropriation item 200422, School Management	114483
Assistance, up to $1,000,000 in each fiscal year shall be used by	114484
the Auditor of State in consultation with the Department of	114485
Education for expenses incurred in the Auditor of State's role	114486
relating to fiscal caution, fiscal watch, and fiscal emergency	114487
activities as defined in Chapter 3316. of the Revised Code and	114488
may also be used to conduct performance audits with priority	114489
given to districts in fiscal distress. Expenses include duties	114490
related to the completion of performance audits for school	114491
districts that the Superintendent of Public Instruction determines	114492
are employing fiscal practices or experiencing budgetary	114493
conditions that could produce a state of fiscal watch or fiscal	114494
emergency.	114495

Of the foregoing appropriation item 200422, School	114496
Management Assistance, up to $350,000 in each fiscal year shall be	114497
used by the Department of Education to work with school districts	114498
and entities that serve school districts to develop and deploy	114499
analytical tools that allow districts and other stakeholders to	114500
analyze more thoroughly district spending patterns in order to	114501
promote more effective and efficient use of resources.	114502

Of the foregoing appropriation item 200422, School Management	114503
Assistance, up to $4,994,000 in fiscal year 2010 and up to	114504
$17,980,000 in fiscal year 2011 shall be used by the Department of	114505
Education to contract with the Auditor of State or another	114506
identified vendor as determined by the Department and approved by	114507
the Controlling Board to conduct performance reviews of school	114508
districts, STEM schools, and community schools on a five year	114509
cycle. Unless conducted as part of the support provided to a	114510
school district subject to Chapter 3316. of the Revised Code,	114511
performance reviews for school districts, STEM schools, and	114512
community schools shall not begin until fiscal year 2011. The	114513
Office of School Resource Management in the Department shall	114514
determine the scope of reviews, not limited to operations, in	114515
consultation with the Auditor of State and the Office of Budget	114516
and Management. Priority may be given to districts in fiscal	114517
distress as determined by the Auditor of State and the	114518
Superintendent of Public Instruction. A portion of this amount in	114519
each fiscal year shall be used by the Department to contract with	114520
the Auditor of State or another identified vendor as determined	114521
by the Department and approved by the Controlling Board to	114522
conduct performance reviews of educational service centers (ESCs)	114523
and joint vocational school districts (JVSDs). The purpose of	114524
such reviews shall be to assist ESCs and JVSDs in identifying and	114525
implementing operational efficiencies, setting statewide	114526
benchmarks in certain operations, evaluating quality of services	114527
provided to school districts, and using findings to inform and	114528
develop recommendations for a new ESC and JVSD funding model to be	114529
implemented in the fiscal year 2012-2013 biennium.	114530

The remainder of foregoing appropriation item 200422, School	114531
Management Assistance, shall be used by the Department of	114532
Education to provide fiscal technical assistance and inservice	114533
education for school district management personnel and to	114534
administer, monitor, and implement the fiscal caution, fiscal	114535
watch, and fiscal emergency provisions under Chapter 3316. of the	114536
Revised Code.	114537

Section 265.10.60. POLICY ANALYSIS

114538

The foregoing appropriation item 200424, Policy Analysis,	114539
shall be used by the Department of Education to support a system	114540
of administrative, statistical, and legislative education	114541
information to be used for policy analysis. Staff supported by	114542
this appropriation shall administer the development of reports,	114543
analyses, and briefings to inform education policymakers of	114544
current trends in education practice, efficient and effective use	114545
of resources, and evaluation of programs to improve education	114546
results. The database shall be kept current at all times. These	114547
research efforts shall be used to supply information and analysis	114548
of data to the General Assembly and other state policymakers,	114549
including the Office of Budget and Management and the Legislative	114550
Service Commission.	114551

Of the foregoing appropriation item 200424, Policy Analysis,	114552
up to $600,000 in each fiscal year shall be used to support the	114553
Office of School Resource Management in the Department of	114554
Education. A portion of this amount shall be used in conjunction	114555
with appropriation item 200439, Accountability/Report Cards, to	114556
develop a fiscal reporting dimension, which shall contain fiscal	114557
data reported for the prior fiscal year, to the school report card	114558
for publication beginning in fiscal year 2011. The fiscal	114559
information contained therein shall be updated and reported	114560
annually in a form and in a manner as determined by the	114561
Department.	114562

The Department of Education may use funding from this	114563
appropriation item to purchase or contract for the development of	114564
software systems or contract for policy studies that will assist	114565
in the provision and analysis of policy-related information.	114566
Funding from this appropriation item also may be used to monitor	114567
and enhance quality assurance for research-based policy analysis	114568
and program evaluation to enhance the effective use of education	114569
information to inform education policymakers.	114570

TECH PREP CONSORTIA SUPPORT

114571

The foregoing appropriation item 200425, Tech Prep Consortia	114572
Support, shall be used by the Department of Education to support	114573
state-level activities designed to support, promote, and expand	114574
tech prep programs. Use of these funds shall include, but not be	114575
limited to, administration of grants, program evaluation,	114576
professional development, curriculum development, assessment	114577
development, program promotion, communications, and statewide	114578
coordination of tech prep consortia.	114579

Section 265.10.70. OHIO EDUCATIONAL COMPUTER NETWORK

114580

The foregoing appropriation item 200426, Ohio Educational	114581
Computer Network, shall be used by the Department of Education to	114582
maintain a system of information technology throughout Ohio and to	114583
provide technical assistance for such a system in support of the	114584
P-16 State Education Technology Plan developed under section	114585
3353.09 of the Revised Code.	114586

Of the foregoing appropriation item 200426, Ohio Educational	114587
Computer Network, up to $15,874,498 in each fiscal year shall be	114588
used by the Department of Education to support connection of all	114589
public school buildings and participating chartered nonpublic	114590
schools to the state's education network, to each other, and to	114591
the Internet. In each fiscal year the Department of Education	114592
shall use these funds to assist information technology centers or	114593
school districts with the operational costs associated with this	114594
connectivity. The Department of Education shall develop a formula	114595
and guidelines for the distribution of these funds to information	114596
technology centers or individual school districts. As used in this	114597
section, "public school building" means a school building of any	114598
city, local, exempted village, or joint vocational school	114599
district, any community school established under Chapter 3314. of	114600
the Revised Code, any educational service center building used for	114601
instructional purposes, the Ohio School for the Deaf and the Ohio	114602
School for the Blind, or high schools chartered by the Ohio	114603
Department of Youth Services and high schools operated by Ohio	114604
Department of Rehabilitation and Corrections' Ohio Central School	114605
System.	114606

Of the foregoing appropriation item 200426, Ohio Educational	114607
Computer Network, up to $2,163,657 in each fiscal year shall be	114608
used for the Union Catalog and InfOhio Network and to support the	114609
provision of electronic resources with priority given to resources	114610
that support the teaching of state academic content standards in	114611
all public schools. Consideration shall be given by the Department	114612
of Education to coordinating the allocation of these moneys with	114613
the efforts of Libraries Connect Ohio, whose members include	114614
OhioLINK, the Ohio Public Information Network, and the State	114615
Library of Ohio.	114616

Of the foregoing appropriation item 200426, Ohio Educational	114617
Computer Network, up to $7,942,391 in each fiscal year shall be	114618
used, through a formula and guidelines devised by the Department,	114619
to subsidize the activities of designated information technology	114620
centers, as defined by State Board of Education rules, to provide	114621
school districts and chartered nonpublic schools with	114622
computer-based student and teacher instructional and	114623
administrative information services, including approved	114624
computerized financial accounting, and to ensure the effective	114625
operation of local automated administrative and instructional	114626
systems.	114627

The remainder of appropriation item 200426, Ohio Educational	114628
Computer Network, shall be used to support development,	114629
maintenance, and operation of a network of uniform and compatible	114630
computer-based information and instructional systems. This	114631
technical assistance shall include, but not be restricted to,	114632
development and maintenance of adequate computer software systems	114633
to support network activities. In order to improve the efficiency	114634
of network activities, the Department and information technology	114635
centers may jointly purchase equipment, materials, and services	114636
from funds provided under this appropriation for use by the	114637
network and, when considered practical by the Department, may	114638
utilize the services of appropriate state purchasing agencies.	114639

Section 265.10.80. ACADEMIC STANDARDS

114640

The foregoing appropriation item 200427, Academic Standards,	114641
shall be used by the Department of Education to develop, revise,	114642
and communicate to school districts academic content standards	114643
and curriculum models.	114644

Section 265.10.90. SCHOOL IMPROVEMENT INITIATIVES

114645

Of the foregoing appropriation item 200431, School	114646
Improvement Initiatives, up to $510,990 in each fiscal year shall	114647
be used by the Department of Education to support educational	114648
media centers to provide Ohio public schools with instructional	114649
resources and services, with priority given to resources and	114650
services aligned with state academic content standards.	114651

Of the foregoing appropriation item 200431, School	114652
Improvement Initiatives, up to $9,349,007 in each fiscal year	114653
shall be used to support districts in the development and	114654
implementation of their continuous improvement plans as required	114655
in section 3302.04 of the Revised Code and to provide technical	114656
assistance and support in accordance with Title I of the "No Child	114657
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317.	114658

Of the foregoing appropriation item 200431, School	114659
Improvement Initiatives, up to $2,000,000 in fiscal year 2011	114660
shall be used by the Department of Education to fund grants to	114661
eligible school districts and community schools for the pilot	114662
subsidy program for creative and innovative classrooms. The pilot	114663
subsidy program shall be administered by the Center for	114664
Creativity and Innovation within the Department of Education	114665
following guidelines established by the Center in accordance	114666
with section 3306.57 of the Revised Code.	114667

Of the foregoing appropriation item 200431, School	114668
Improvement Initiatives, up to $3,500,000 in each fiscal year	114669
shall be used to create early college high schools, which are	114670
small, autonomous schools that blend high school and college into	114671
a coherent educational program. The funds for early college high	114672
schools shall be distributed according to guidelines established	114673
by the Department of Education and the Board of Regents.	114674

Section 265.20.10. STUDENT ASSESSMENT

114675

Of the foregoing appropriation item 200437, Student	114676
Assessment, up to $212,486 in each fiscal year may be used to	114677
support the assessments required under section 3301.0715 of the	114678
Revised Code.	114679

The Superintendent of Public Instruction and the Chancellor	114680
of the Ohio Board of Regents shall determine a percentage of the	114681
foregoing appropriation item 200437, Student Assessment, that	114682
shall be used in each fiscal year to pay for all or a portion of	114683
the following: (1) a college readiness exam for high school	114684
juniors enrolled in Ohio secondary schools and (2) preparation,	114685
practice examinations, and diagnostics related to a college	114686
readiness exam, including, but not limited to, the PSAT, PLAN, and	114687
EXPLORE. The Superintendent shall develop a plan, to be approved	114688
by the Chancellor of the Board of Regents, to determine how to	114689
allocate these funds in a manner which maximizes the number of	114690
students who will be fully assessed for college readiness and in a	114691
manner which allows for pre-college level remediation at the	114692
earliest level possible. For examinations paid in whole or in part	114693
by these funds and where scores may be submitted to institutions	114694
of higher education, all students must submit their scores to the	114695
University System of Ohio. Upon approval by the Chancellor, the	114696
Superintendent shall submit the plan to the Controlling Board for	114697
approval.	114698

The Superintendent and the Chancellor jointly may negotiate	114699
terms to enter into contracts with providers of preparatory	114700
courses for the purpose of assisting students enrolled in Ohio	114701
secondary schools prepare for student assessments.	114702

Of the foregoing appropriation item 200437, Student	114703
Assessments, a portion may be used by the Superintendent of Public	114704
Instruction to reimburse public school districts for (1) a portion	114705
of costs associated with Advanced Placement testing and Advanced	114706
Placement programming, including teacher training, teaching	114707
materials, and student supplies and equipment and (2) a portion of	114708
costs associated with taking the International Baccalaureate	114709
Examination. The Superintendent shall develop a plan, to be	114710
approved by the Chancellor of the Board of Regents, to determine	114711
how to allocate these funds in a manner which maximizes the number	114712
of students who receive college credit through the Advanced	114713
Placement testing process. Upon approval by the Chancellor, the	114714
Superintendent shall submit the plan to the Controlling Board for	114715
approval.	114716

The remainder of appropriation item 200437, Student	114717
Assessment, shall be used to develop, field test, print,	114718
distribute, score, report results, and support other associated	114719
costs for the tests required under sections 3301.0710, 3301.0711,	114720
and 3301.0712 of the Revised Code and for similar purposes as	114721
required by section 3301.27 of the Revised Code. If funds remain	114722
in this appropriation after these purposes have been fulfilled,	114723
the Department may use the remainder of the appropriation to	114724
develop end-of-course exams.	114725

Section 265.20.20. ACCOUNTABILITY/REPORT CARDS

114726

Of the foregoing appropriation item 200439,	114727
Accountability/Report Cards, up to $2,378,976 in each fiscal year	114728
shall be used to train district and regional specialists and	114729
district educators in the use of the value-added progress	114730
dimension and in the use of data as it relates to improving	114731
student achievement. This funding shall be used in consultation	114732
with a credible nonprofit organization with expertise in	114733
value-added progress dimensions.	114734

The remainder of appropriation item 200439,	114735
Accountability/Report Cards, shall be used by the Department to	114736
incorporate a statewide pilot value-added progress dimension into	114737
performance ratings for school districts and for the development	114738
of an accountability system that includes the preparation and	114739
distribution of school report cards and funding and expenditure	114740
accountability reports under sections 3302.03 and 3302.031 of the	114741
Revised Code.	114742

CHILD CARE LICENSING

114743

The foregoing appropriation item 200442, Child Care	114744
Licensing, shall be used by the Department of Education to license	114745
and to inspect preschool and school-age child care programs under	114746
sections 3301.52 to 3301.59 of the Revised Code.	114747

Section 265.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM

114748

The foregoing appropriation item 200446, Education Management	114749
Information System, shall be used by the Department of Education	114750
to improve the Education Management Information System (EMIS).	114751

Of the foregoing appropriation item 200446, Education	114752
Management Information System, up to $1,276,761 in each fiscal	114753
year shall be distributed to designated information technology	114754
centers for costs relating to processing, storing, and	114755
transferring data for the effective operation of the EMIS. These	114756
costs may include, but are not limited to, personnel, hardware,	114757
software development, communications connectivity, professional	114758
development, and support services, and to provide services to	114759
participate in the State Education Technology Plan developed under	114760
section 3353.09 of the Revised Code.	114761

Of the foregoing appropriation item 200446, Education	114762
Management Information System, up to $7,874,541 in each fiscal	114763
year shall be distributed on a per-pupil basis to school	114764
districts, community schools established under Chapter 3314. of	114765
the Revised Code, educational service centers, joint vocational	114766
school districts, and any other education entity that reports	114767
data through EMIS. From this funding, each school district or	114768
community school established under Chapter 3314. of the Revised	114769
Code with enrollment greater than 100 students and each vocational	114770
school district shall receive a minimum of $5,000 in each fiscal	114771
year. Each school district or community school established under	114772
Chapter 3314. of the Revised Code with enrollment between one and	114773
one hundred and each educational service center and each county	114774
board of MR/DD that submits data through EMIS shall receive	114775
$3,000 in each fiscal year. This subsidy shall be used for costs	114776
relating to reporting, processing, storing, transferring, and	114777
exchanging data necessary to meet requirements of the Department	114778
of Education's data system.	114779

The remainder of appropriation item 200446, Education	114780
Management Information System, shall be used to develop and	114781
support a common core of data definitions and standards as adopted	114782
by the Education Management Information System Advisory Board,	114783
including the ongoing development and maintenance of the data	114784
dictionary and data warehouse. In addition, such funds shall be	114785
used to support the development and implementation of data	114786
standards and the design, development, and implementation of a new	114787
data exchange system.	114788

Any provider of software meeting the standards approved by	114789
the Education Management Information System Advisory Board shall	114790
be designated as an approved vendor and may enter into contracts	114791
with local school districts, community schools, information	114792
technology centers, or other educational entities for the purpose	114793
of collecting and managing data required under Ohio's education	114794
management information system (EMIS) laws. On an annual basis, the	114795
Department of Education shall convene an advisory group of school	114796
districts, community schools, and other education-related entities	114797
to review the Education Management Information System data	114798
definitions and data format standards. The advisory group shall	114799
recommend changes and enhancements based upon surveys of its	114800
members, education agencies in other states, and current industry	114801
practices, to reflect best practices, align with federal	114802
initiatives, and meet the needs of school districts.	114803

School districts and community schools not implementing a	114804
common and uniform set of data definitions and data format	114805
standards for Education Management Information System purposes	114806
shall have all EMIS funding withheld until they are in compliance.	114807

Section 265.20.40. GED TESTING

114808

The foregoing appropriation item 200447, GED Testing, shall	114809
be used to provide General Educational Development (GED) testing	114810
at no cost to applicants, under rules adopted by the State Board	114811
of Education. The Department of Education may reimburse in fiscal	114812
year 2010 school districts and community schools, created under	114813
Chapter 3314. of the Revised Code, for a portion of the costs	114814
incurred in providing summer instructional or intervention	114815
services to students who have not graduated because of their	114816
inability to pass one or more parts of the state's Ohio	114817
Graduation Test. School districts shall also provide such services	114818
to students who are residents of the district under section	114819
3313.64 of the Revised Code, but who are enrolled in chartered,	114820
nonpublic schools. The services shall be provided in the public	114821
school, in nonpublic schools, in public centers, or in mobile	114822
units located on or off the nonpublic school premises. No school	114823
district shall provide summer instructional or intervention	114824
services to nonpublic school students as authorized by this	114825
section unless such services are available to students attending	114826
the public schools within the district. No school district shall	114827
provide services for use in religious courses, devotional	114828
exercises, religious training, or any other religious activity.	114829
Chartered, nonpublic schools shall pay for any unreimbursed costs	114830
incurred by school districts for providing summer instruction or	114831
intervention services to students enrolled in chartered,	114832
nonpublic schools. School districts may provide these services to	114833
students directly or contract with postsecondary or nonprofit	114834
community-based institutions in providing instruction.	114835

Section 265.20.50. EDUCATOR PREPARATION

114836

Of the foregoing appropriation item 200448, Educator	114837
Preparation, up to $350,000 in each fiscal year shall be used for	114838
training and professional development of school administrators,	114839
school treasurers, and school business officials.	114840

The remainder of appropriation item 200448, Educator	114841
Preparation, may be used by the Department to support the Educator	114842
Standards Board under section 3319.61 of the Revised Code as it	114843
develops and recommends to the State Board of Education standards	114844
for educator training and standards for teacher and other school	114845
leadership positions. Also, any remaining funds may be used by the	114846
Department to develop alternative preparation programs for school	114847
leaders and coordination of a career ladder for teachers.	114848

Section 265.20.60. COMMUNITY SCHOOLS

114849

Of the foregoing appropriation item 200455, Community	114850
Schools, up to $1,308,661 in each fiscal year may be used by the	114851
Department of Education for additional services and	114852
responsibilities under section 3314.11 of the Revised Code.	114853

Of the foregoing appropriation item 200455, Community	114854
Schools, up to $225,000 in each fiscal year may be used by the	114855
Department of Education for developing and conducting training	114856
sessions for community schools and sponsors and prospective	114857
sponsors of community schools as prescribed in division (A)(1) of	114858
section 3314.015 of the Revised Code. In developing the training	114859
sessions, the Department shall collect and disseminate examples	114860
of best practices used by sponsors of independent charter schools	114861
in Ohio and other states.	114862

STEM INITIATIVES

114863

The foregoing appropriation item 200457, STEM Initiatives,	114864
shall be used for initiatives that support innovative mathematics	114865
and science education and mathematics and science professional	114866
development for teachers. Such initiatives shall be connected to	114867
and leveraged against Ohio's portfolio of STEM education	114868
initiatives including STEM schools, STEM Programs of Excellence,	114869
and STEM Centers that are positioned to enhance teacher	114870
preparation and professional development through the use of	114871
professional practice on-site laboratories, teacher-in-residence	114872
programs, master teacher and apprentice models, and STEM teaching	114873
fellowships.	114874

Section 265.20.70. PUPIL TRANSPORTATION

114875

Of the foregoing appropriation item 200502, Pupil	114876
Transportation, up to $838,930 in each fiscal year may be used by	114877
the Department of Education for training prospective and	114878
experienced school bus drivers in accordance with training	114879
programs prescribed by the Department. Up to $60,469,220 in each	114880
fiscal year may be used by the Department of Education for	114881
special education transportation reimbursements to school	114882
districts and county MR/DD boards for transportation operating	114883
costs as provided in division (J) of section 3317.024 of the	114884
Revised Code. The remainder of appropriation item 200502, Pupil	114885
Transportation, shall be used for the state reimbursement of	114886
public school districts' costs in transporting pupils to and from	114887
the school they attend in accordance with the district's policy,	114888
State Board of Education standards, and division (J) of section	114889
3306.12 of the Revised Code.	114890

Of the foregoing appropriation item 200502, Pupil	114891
Transportation, $376,914,469 in each fiscal year shall be used to	114892
calculate the prorated portion of transportation aid to school	114893
districts and shall be distributed as provided by division (L)(1)	114894
of section 3306.12 of the Revised Code. The remainder shall be	114895
used for additional transportation aid for school districts as	114896
provided by division (L)(2) of section 3306.12 of the Revised	114897
Code.	114898

Section 265.20.80. BUS PURCHASE ALLOWANCE

114899

The foregoing appropriation item 200503, Bus Purchase	114900
Allowance, shall be distributed to school districts, educational	114901
service centers, and county MR/DD boards pursuant to rules adopted	114902
under section 3317.07 of the Revised Code. Up to 28 per cent of	114903
the amount appropriated may be used to reimburse school districts	114904
and educational service centers for the purchase of buses to	114905
transport students with disabilities and nonpublic school students	114906
and to county MR/DD boards, the Ohio School for the Deaf, and the	114907
Ohio School for the Blind for the purchase of buses to transport	114908
students with disabilities.	114909

SCHOOL LUNCH MATCH

114910

The foregoing appropriation item 200505, School Lunch Match,	114911
shall be used to provide matching funds to obtain federal funds	114912
for the school lunch program.	114913

Any remaining appropriation after providing matching funds	114914
for the school lunch program shall be used to partially reimburse	114915
school buildings within school districts that are required to have	114916
a school breakfast program under section 3313.813 of the Revised	114917
Code, at a rate decided by the Department.	114918

Section 265.20.90. AUXILIARY SERVICES

114919

The foregoing appropriation item 200511, Auxiliary Services,	114920
shall be used by the Department of Education for the purpose of	114921
implementing section 3317.06 of the Revised Code. Of the	114922
appropriation, up to $2,121,800 in each fiscal year may be used	114923
for payment of the Post-Secondary Enrollment Options Program for	114924
nonpublic students. Notwithstanding section 3365.10 of the	114925
Revised Code, the Department shall distribute funding according	114926
to rules adopted by the Department in accordance with Chapter 119.	114927
of the Revised Code.	114928

Section 265.30.10. NONPUBLIC ADMINISTRATIVE COST	114929
REIMBURSEMENT	114930

The foregoing appropriation item 200532, Nonpublic	114931
Administrative Cost Reimbursement, shall be used by the Department	114932
of Education for the purpose of implementing section 3317.063 of	114933
the Revised Code.	114934

Section 265.30.20. SPECIAL EDUCATION ENHANCEMENTS

114935

Of the foregoing appropriation item 200540, Special Education	114936
Enhancements, up to $2,906,875 in each fiscal year shall be used	114937
for home instruction for children with disabilities.	114938

Of the foregoing appropriation item 200540, Special Education	114939
Enhancements, up to $47,518,582 in fiscal year 2010 and up to	114940
$48,421,435 in fiscal year 2011 shall be used to fund special	114941
education and related services at county boards of mental	114942
retardation and developmental disabilities for eligible students	114943
under section 3317.20 of the Revised Code and at institutions for	114944
eligible students under section 3317.201 of the Revised Code.	114945
Notwithstanding the distribution formulas under sections 3317.20	114946
and 3317.201 of the Revised Code, funding for MR/DD boards and	114947
institutions in fiscal year 2010 and fiscal year 2011 shall be	114948
determined by inflating the per pupil amount received by each	114949
MR/DD board and institution in the prior fiscal year by 1.9 per	114950
cent and providing that inflated per pupil amount for each student	114951
served in the current fiscal year.	114952

Of the foregoing appropriation item 200540, Special Education	114953
Enhancements, up to $1,500,000 in each fiscal year shall be used	114954
for parent mentoring programs.	114955

Of the foregoing appropriation item 200540, Special Education	114956
Enhancements, up to $2,783,396 in each fiscal year may be used for	114957
school psychology interns.	114958

The remainder of appropriation item 200540, Special Education	114959
Enhancements, shall be distributed by the Department of Education	114960
to county boards of mental retardation and developmental	114961
disabilities, educational service centers, and school districts	114962
for preschool special education units and preschool supervisory	114963
units under section 3317.052 of the Revised Code. To the greatest	114964
extent possible, the Department of Education shall allocate these	114965
units to school districts and educational service centers.	114966

The Department may reimburse county MR/DD boards, educational	114967
service centers, and school districts for services provided by	114968
instructional assistants, related services as defined in rule	114969
3301-51-11 of the Administrative Code, physical therapy services	114970
provided by a licensed physical therapist or physical therapist	114971
assistant under the supervision of a licensed physical therapist	114972
as required under Chapter 4755. of the Revised Code and Chapter	114973
4755-27 of the Administrative Code and occupational therapy	114974
services provided by a licensed occupational therapist or	114975
occupational therapy assistant under the supervision of a licensed	114976
occupational therapist as required under Chapter 4755. of the	114977
Revised Code and Chapter 4755-7 of the Administrative Code.	114978
Nothing in this section authorizes occupational therapy assistants	114979
or physical therapist assistants to generate or manage their own	114980
caseloads.	114981

The Department of Education shall require school districts,	114982
educational service centers, and county MR/DD boards serving	114983
preschool children with disabilities to document child progress	114984
using research-based indicators prescribed by the Department and	114985
report results annually. The reporting dates and method shall be	114986
determined by the Department.	114987

Section 265.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

114988

Of the foregoing appropriation item 200545, Career-Technical	114989
Education Enhancements, up to $2,633,531 in fiscal year 2010 and	114990
up to $2,683,568 in fiscal year 2011 shall be used to fund	114991
secondary career-technical education at institutions.	114992
Notwithstanding sections 3317.05, 3317.052, and 3317.053 of the	114993
Revised Code, the Department of Education shall distribute funding	114994
to institutions for career-technical programming on a grant basis.	114995

Of the foregoing appropriation item 200545, Career-Technical	114996
Education Enhancements, up to $2,228,281 in each fiscal year shall	114997
be used by the Department of Education to fund competitive grants	114998
to tech prep consortia that expand the number of students enrolled	114999
in tech prep programs. These grant funds shall be used to directly	115000
support expanded tech prep programs provided to students enrolled	115001
in school districts, including joint vocational school districts,	115002
and affiliated higher education institutions. This support may	115003
include the purchase of equipment.	115004

Of the foregoing appropriation item 200545, Career-Technical	115005
Education Enhancements, $2,000 in each fiscal year shall be used	115006
by the Perry Local High School College Medical Tech Prep program	115007
in Massillon to teach low–income kids how to lead healthy	115008
lifestyles.	115009

Of the foregoing appropriation item 200545, Career-Technical	115010
Education Enhancements, up to $2,890,850 in each fiscal year shall	115011
be used by the Department of Education to support existing High	115012
Schools That Work (HSTW) sites, develop and support new sites,	115013
fund technical assistance, and support regional centers and middle	115014
school programs. The purpose of HSTW is to combine challenging	115015
academic courses and modern career-technical studies to raise the	115016
academic achievement of students. HSTW provides intensive	115017
technical assistance, focused staff development, targeted	115018
assessment services, and ongoing communications and networking	115019
opportunities.	115020

Section 265.30.40. FOUNDATION FUNDING

115021

The foregoing appropriation item 200550, Foundation Funding,	115022
includes $75,000,000 in each fiscal year for the state education	115023
aid offset due to the change in public utility valuation as a	115024
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	115025
General Assembly. This amount represents the total state education	115026
aid offset due to the valuation change for school districts and	115027
joint vocational school districts from all relevant appropriation	115028
line item sources. Upon certification by the Department of	115029
Education, in consultation with the Department of Taxation, to the	115030
Director of Budget and Management of the actual state aid offset,	115031
the cash transfer from the School District Property Tax	115032
Replacement - Utility Fund (Fund 7053) to the General Revenue	115033
Fund shall be decreased or increased by the Director of Budget	115034
and Management to match the certification in accordance with	115035
section 5727.84 of the Revised Code.	115036

The foregoing appropriation item 200550, Foundation Funding,	115037
includes $11,900,000 in fiscal year 2010 and $39,300,000 in	115038
fiscal year 2011 for the state education aid offset because of the	115039
changes in tangible personal property valuation as a result of Am.	115040
Sub. H.B. 66 of the 126th General Assembly. This amount represents	115041
the total state education aid offset because of the valuation	115042
change for school districts and joint vocational school districts	115043
from all relevant appropriation item sources. Upon certification	115044
by the Department of Education of the actual state education aid	115045
offset to the Director of Budget and Management, the cash transfer	115046
from the School District Tangible Property Tax Replacement -	115047
Business Fund (Fund 7047) to the General Revenue Fund shall be	115048
decreased or increased by the Director of Budget and Management	115049
to match the certification in accordance with section 5751.21 of	115050
the Revised Code.	115051

Of the foregoing appropriation item 200550, Foundation	115052
Funding, up to $425,000 shall be expended in each fiscal year for	115053
court payments under section 2151.362 of the Revised Code and up	115054
to $15,000,000 in each fiscal year shall be reserved for payments	115055
under sections 3317.026, 3317.027, and 3317.028 of the Revised	115056
Code except that the Controlling Board may increase the	115057
$15,000,000 amount if presented with such a request from the	115058
Department of Education.	115059

Of the foregoing appropriation item 200550, Foundation	115060
Funding, up to $18,000,000 in fiscal year 2010 and $15,000,000 in	115061
fiscal year 2011 shall be used to provide additional state aid to	115062
school districts for special education students under division	115063
(C)(3) of section 3317.022 of the Revised Code, except that the	115064
Controlling Board may increase these amounts if presented with	115065
such a request from the Department of Education at the final	115066
meeting of the fiscal year; up to $2,000,000 in each fiscal year	115067
shall be reserved for Youth Services tuition payments under	115068
section 3317.024 of the Revised Code; up to $8,100,000 in each	115069
fiscal year shall be used to fund gifted education units at	115070
educational service centers under division (L) of section 3317.024	115071
of the Revised Code, notwithstanding division (D)(3) of section	115072
3317.018 of the Revised Code; and up to $47,000,000 in each	115073
fiscal year shall be reserved to fund the state reimbursement of	115074
educational service centers under section 3317.11 of the Revised	115075
Code and the section of this act entitled "EDUCATIONAL SERVICE	115076
CENTERS FUNDING."	115077

Of the foregoing appropriation item 200550, Foundation	115078
Funding, an amount shall be available in each fiscal year to be	115079
used by the Department of Education for transitional aid for	115080
school districts under section 3306.19 of the Revised Code.	115081

Of the foregoing appropriation item 200550, Foundation	115082
Funding, up to $1,000,000 in each fiscal year shall be used by the	115083
Department of Education for a program to pay for educational	115084
services for youth who have been assigned by a juvenile court or	115085
other authorized agency to any of the facilities described in	115086
division (A) of the section of this act entitled "PRIVATE	115087
TREATMENT FACILITY PROJECT."	115088

Of the foregoing appropriation item 200550, Foundation	115089
Funding, up to $8,686,000 in fiscal year 2010 and up to $8,722,860	115090
in fiscal year 2011 shall be used to operate school choice	115091
programs.	115092

Of the portion of the funds distributed to the Cleveland	115093
Municipal School District under this section, up to $11,901,887 in	115094
each fiscal year shall be used to operate the school choice	115095
program in the Cleveland Municipal School District under sections	115096
3313.974 to 3313.979 of the Revised Code. Notwithstanding	115097
divisions (B) and (C) of section 3313.978 and division (C) of	115098
section 3313.979 of the Revised Code, up to $1,000,000 in each	115099
fiscal year of this amount shall be used by the Cleveland	115100
Municipal School District to provide tutorial assistance as	115101
provided in division (H) of section 3313.974 of the Revised Code.	115102
The Cleveland Municipal School District shall report the use of	115103
these funds in the district's three-year continuous improvement	115104
plan as described in section 3302.04 of the Revised Code in a	115105
manner approved by the Department of Education.	115106

Of the foregoing appropriation item 200550, Foundation	115107
Funding, an amount shall be available in each fiscal year to be	115108
paid to joint vocational school districts in accordance with the	115109
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	115110
DISTRICTS."	115111

Appropriation items 200455, Community Schools, 200502, Pupil	115112
Transportation, 200540, Special Education Enhancements, 200550,	115113
and Foundation Funding, 200551, Foundation Funding - Federal	115114
Stimulus, other than specific set-asides, are collectively used	115115
in each fiscal year to pay state formula aid obligations for	115116
school districts, community schools, and joint vocational school	115117
districts under this act and Chapter 3306. of the Revised Code.	115118
The first priority of these appropriation items, with the	115119
exception of specific set-asides, is to fund state formula aid	115120
obligations. It may be necessary to reallocate funds among these	115121
appropriation items or use excess funds from other general	115122
revenue fund appropriation items in the Department of	115123
Education's budget in each fiscal year, in order to meet state	115124
formula aid obligations. If it is determined that it is	115125
necessary to transfer funds among these appropriation items or to	115126
transfer funds from other General Revenue Fund appropriations in	115127
the Department of Education's budget to meet state formula aid	115128
obligations, the Department of Education shall seek approval from	115129
the Controlling Board to transfer funds as needed.	115130

Section 265.30.50. FUNDING FOR JOINT VOCATIONAL SCHOOL	115131
DISTRICTS	115132

(A) The Department of Education shall distribute funds within	115133
appropriation item 200550, Foundation Funding, for joint	115134
vocational funding in each fiscal year to each joint vocational	115135
school district that received joint vocational funding in fiscal	115136
year 2009. The Department shall distribute to each such district	115137
joint vocational funding in an amount equal to the district's	115138
joint vocational funding from the previous fiscal year inflated	115139
by 1.9 per cent.	115140

(B)(1) A district's fiscal year 2009 joint vocational	115141
funding equals the sum of the following, as reconciled by the	115142
Department:	115143

(a) Base-cost funding under division (B) of section 3317.16	115144
of the Revised Code;	115145

(b) Special education and related services additional	115146
weighted funding under division (D)(1) of section 3317.16 of the	115147
Revised Code;	115148

(c) Speech services funding under division (D)(2) of section	115149
3317.16 of the Revised Code;	115150

(d) Vocational education additional weighted funding under	115151
division (C) of section 3317.16 of the Revised Code;	115152

(e) GRADS funding under division (N) of section 3317.024 of	115153
the Revised Code;	115154

(f) Any transitional aid computed for the district under	115155
Section 269.30.90 of Am. Sub. H.B. 119 of the 127th General	115156
Assembly.	115157

(2) The joint vocational funding for each fiscal year for	115158
each district is the amount specified in division (A) or (B) of	115159
this section less any general revenue fund spending reductions	115160
ordered by the Governor under section 126.05 of the Revised Code.	115161

Section 265.30.60. TEACH OHIO

115162

Of the foregoing appropriation item 200555, Teach Ohio,	115163
$1,000,000 in each fiscal year shall be used to support the	115164
program established under division (A) of section 3333.39 of the	115165
Revised Code to encourage high school students interested in	115166
entering the teaching profession.	115167

The remainder of the appropriation shall be used to support	115168
alternative teacher licensure programs under section 3319.26 and	115169
division (C) of section 3333.39 of the Revised Code developed in	115170
partnership with the Department of Education, educational service	115171
centers, and institutions of higher education. Programs shall	115172
support teacher licensure in laboratory-based science, advanced	115173
mathematics, or foreign language at the secondary education level	115174
and employment with an Ohio school district designated by the	115175
Department as a hard-to-staff school. The programs shall be	115176
consistent with the State Board of Education's alternative	115177
licensure requirements.	115178

Section 265.30.70. VIOLENCE PREVENTION AND SCHOOL SAFETY

115179

Of the foregoing appropriation item 200578, Violence	115180
Prevention and School Safety, up to $224,250 in each fiscal year	115181
shall be used to fund a safe school center to provide resources	115182
for parents and for school and law enforcement personnel.	115183

The remainder of the appropriation shall be distributed based	115184
on guidelines developed by the Department of Education to enhance	115185
school safety. The guidelines shall provide a list of	115186
research-based best practices and programs from which local	115187
grantees shall select based on local needs. These practices shall	115188
include, but not be limited to, school resource officers and safe	115189
and drug free school coordinators and social-emotional development	115190
programs.	115191

COMMUNITY PROJECTS

115192

Of the foregoing appropriation item 200587, Community	115193
Projects, $1,000,000 in each fiscal year shall be used by the	115194
National Underground Railroad Freedom Center for education	115195
programs.	115196

Of the foregoing appropriation item 200587, Community	115197
Projects, up to $39,500 in each fiscal year may be used to support	115198
the application fee for candidates participating in the Take One	115199
program for beginning teachers in years two and three.	115200

Of the foregoing appropriation item 200587, Community	115201
Projects, $100,000 in each fiscal year shall be used to support	115202
the Toledo Tech Academy. Of this amount, $25,000 in each fiscal	115203
year shall be used by the Toledo Tech Academy to enhance and	115204
establish For Inspiration and Recognition in Science and	115205
Technology programs (F.I.R.S.T.).	115206

Of the foregoing appropriation item 200587, Community	115207
Projects, $25,000 in each fiscal year shall be distributed to the	115208
Beaver Creek Wildlife Education Center for student field trips.	115209

Of the foregoing appropriation item 200587, Community	115210
Projects, $50,000 in each fiscal year shall be used for the	115211
after-school programs of the Monroe Community Center in Stark	115212
County.	115213

Of the foregoing appropriation item 200587, Community	115214
Projects, $250,000 in each fiscal year shall be provided to Kids	115215
Unlimited to support its after-school program.	115216

Of the foregoing appropriation item 200587, Community	115217
Projects, $100,000 in fiscal year 2011 shall be used by the Green	115218
Local School District in Summit County, in partnership with The	115219
University of Akron, to create a distance learning pilot program.	115220

Of the foregoing appropriation item 200587, Community	115221
Projects, $100,000 in each fiscal year shall be provided to the	115222
Cincinnati Arts and Technology Center to increase program support	115223
for high-risk teens and unemployed urban adults.	115224

Of the foregoing appropriation item 200587, Community	115225
Projects, $1,500,000 in each fiscal year shall be used for Project	115226
Lead the Way leadership and management oversight and initial and	115227
continuing support of Project Lead the Way workforce development	115228
programs in participating school districts.	115229

Of the foregoing appropriation item 200587, Community	115230
Projects, up to $900,000 in each fiscal year shall be used by the	115231
Department of Education to fund the Reading Recovery Training	115232
Network, to cover the cost of release time for the teacher	115233
trainers.	115234

Of the foregoing appropriation item 200587, Community	115235
Projects, up to $100,000 in each fiscal year shall be used to	115236
establish a reading recovery teacher leader training site at	115237
Marietta College in fiscal year 2010 and to provide training for	115238
reading recovery teachers by a teacher leader in fiscal year 2011.	115239

Of the foregoing appropriation item 200587, Community	115240
Projects, $50,000 in each fiscal year shall be used for the Ohio	115241
University Leadership Project.	115242

Of the foregoing appropriation item 200587, Community	115243
Projects, up to $1,026,017 in each fiscal year shall be used by	115244
the Department of Education to fund the Summer Honors Institute,	115245
including funding for the Martin Essex Program, which shall be	115246
awarded through a request for proposals process.	115247

Of the foregoing appropriation item 200587, Community	115248
Projects, $75,000 in each fiscal year shall be used for Leaf	115249
Lake/Geauga Educational Assistance Funding.	115250

Of the foregoing appropriation item 200587, Community	115251
Projects, $500,000 in each fiscal year shall be used to support	115252
the Bellefaire Jewish Children's Bureau.	115253

Of the foregoing appropriation item 200587, Community	115254
Projects, $650,000 in each fiscal year shall be used to support	115255
Project More for one-to-one reading mentoring.	115256

Of the foregoing appropriation item 200587, Community	115257
Projects, $100,000 in each fiscal year shall be used by the	115258
American Academy of Pediatrics for the Reach Out and Read Program.	115259

Of the foregoing appropriation item 200587, Community	115260
Projects, up to $500,000 shall be used in each fiscal year by the	115261
Department of Education to contract with the Children's Hunger	115262
Alliance to expand access to child nutrition programs consistent	115263
with the organization's continued ability to meet specified	115264
performance measures as detailed in the contract.	115265

Of the foregoing appropriation item 200587, Community	115266
Projects, up to $260,000 in fiscal year 2010 shall be used for the	115267
development of a model dating violence policy and adoption of	115268
dating violence prevention education standards.	115269

Section 265.30.80. PROPERTY TAX ALLOCATION - EDUCATION

115270

The Superintendent of Public Instruction shall not request,	115271
and the Controlling Board shall not approve, the transfer of	115272
appropriation from appropriation item 200901, Property Tax	115273
Allocation - Education, to any other appropriation item.	115274

The appropriation item 200901, Property Tax Allocation -	115275
Education, is appropriated to pay for the state's costs incurred	115276
because of the homestead exemption, the property tax rollback, and	115277
payments required under division (C) of section 5705.2110 of the	115278
Revised Code. In cooperation with the Department of Taxation, the	115279
Department of Education shall distribute these funds directly to	115280
the appropriate school districts of the state, notwithstanding	115281
sections 321.24 and 323.156 of the Revised Code, which provide for	115282
payment of the homestead exemption and property tax rollback by	115283
the Tax Commissioner to the appropriate county treasurer and the	115284
subsequent redistribution of these funds to the appropriate local	115285
taxing districts by the county auditor.	115286

Upon receipt of these amounts, each school district shall	115287
distribute the amount among the proper funds as if it had been	115288
paid as real or tangible personal property taxes. Payments for the	115289
costs of administration shall continue to be paid to the county	115290
treasurer and county auditor as provided for in sections 319.54,	115291
321.26, and 323.156 of the Revised Code.	115292

Any sums, in addition to the amount specifically appropriated	115293
in appropriation items 200901, Property Tax Allocation -	115294
Education, for the homestead exemption and the property tax	115295
rollback payments, and payments required under division (C) of	115296
section 5705.2110 of the Revised Code, which are determined to be	115297
necessary for these purposes, are hereby appropriated.	115298

Section 265.30.90. TEACHER CERTIFICATION AND LICENSURE

115299

The foregoing appropriation item 200681, Teacher	115300
Certification and Licensure, shall be used by the Department of	115301
Education in each year of the biennium to administer and support	115302
teacher certification and licensure activities.	115303

SCHOOL DISTRICT SOLVENCY ASSISTANCE

115304

Of the foregoing appropriation item 200687, School District	115305
Solvency Assistance, $9,000,000 in each fiscal year shall be	115306
allocated to the School District Shared Resource Account and	115307
$9,000,000 in each fiscal year shall be allocated to the	115308
Catastrophic Expenditures Account. These funds shall be used to	115309
provide assistance and grants to school districts to enable them	115310
to remain solvent under section 3316.20 of the Revised Code.	115311
Assistance and grants shall be subject to approval by the	115312
Controlling Board. Any required reimbursements from school	115313
districts for solvency assistance shall be made to the appropriate	115314
account in the School District Solvency Assistance Fund (Fund	115315
5H30).	115316

Notwithstanding any provision of law to the contrary, upon	115317
the request of the Superintendent of Public Instruction, the	115318
Director of Budget and Management may make transfers to the School	115319
District Solvency Assistance Fund (Fund 5H30) from any fund used	115320
by the Department of Education or the General Revenue Fund to	115321
maintain sufficient cash balances in Fund 5H30 in fiscal years	115322
2010 and 2011. Any cash transferred is hereby appropriated. The	115323
transferred cash may be used by the Department of Education to	115324
provide assistance and grants to school districts to enable them	115325
to remain solvent and to pay unforeseeable expenses of a	115326
temporary or emergency nature that the school district is unable	115327
to pay from existing resources. The Director of Budget and	115328
Management shall notify the members of the Controlling Board of	115329
any such transfers.	115330

Section 265.40.10. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

115331

Upon the request of the Superintendent of Public Instruction,	115332
the Director of Budget and Management may transfer up to $639,000	115333
cash in each fiscal year from the General Revenue Fund to the	115334
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	115335
transferred cash is to be used by the Department of Education to	115336
pay the expenses the Department incurs in administering the	115337
Medicaid School Component of the Medicaid program established	115338
under sections 5111.71 to 5111.715 of the Revised Code. On June 1	115339
of each fiscal year, or as soon as possible thereafter, the	115340
Director of Budget and Management shall transfer cash from Fund	115341
3AF0 back to the General Revenue Fund in an amount equal to the	115342
total amount transferred to Fund 3AF0 in that fiscal year.	115343

The money deposited into Fund 3AF0 under division (B) of	115344
section 5111.714 of the Revised Code is hereby appropriated for	115345
fiscal years 2010 and 2011 and shall be used in accordance with	115346
division (D) of section 5111.714 of the Revised Code.	115347

Section 265.40.20. READING FIRST

115348

The foregoing appropriation item 200632, Reading First,	115349
shall be used by school districts to administer federal diagnostic	115350
tests as well as other functions permitted by federal statute.	115351
Notwithstanding section 3301.079 of the Revised Code, federal	115352
diagnostic tests may be recognized as meeting the state diagnostic	115353
testing requirements outlined in section 3301.079 of the Revised	115354
Code.	115355

HALF-MILL MAINTENANCE EQUALIZATION

115356

The foregoing appropriation item 200626, Half-Mill	115357
Maintenance Equalization, shall be used to make payments pursuant	115358
to section 3318.18 of the Revised Code.	115359

Section 265.40.30. START-UP FUNDS

115360

Funds appropriated for the purpose of providing start-up	115361
grants to Title IV-A Head Start and Title IV-A Head Start Plus	115362
agencies in fiscal year 2004 and fiscal year 2005 for the	115363
provision of services to children eligible for Title IV-A services	115364
under the Title IV-A Head Start or Title IV-A Head Start Plus	115365
programs shall be reimbursed to the General Revenue Fund as	115366
follows:	115367

(A) If, for fiscal years 2010 or 2011, an entity that was a	115368
Title IV-A Head Start or Title IV-A Head Start Plus agency will	115369
not be an early learning agency or early learning provider, the	115370
entity shall repay the entire amount of the start-up grant it	115371
received in fiscal year 2004 and fiscal year 2005 not later than	115372
June 30, 2019, in accordance with a payment schedule agreed to	115373
by the Department of Education.	115374

(B) If an entity that was a Title IV-A Head Start or Title	115375
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	115376
2005 will be an early learning agency or early learning provider	115377
in fiscal year 2010 and fiscal year 2011, the entity shall be	115378
allowed to retain any amount of the start-up grant it received,	115379
unless division (D) of this section applies to the entity. In that	115380
case, the entity shall repay the entire amount of the obligation	115381
described in that division not later than June 30, 2019.	115382

(C) Within ninety days after the closure of an early learning	115383
agency or early learning provider that was a Title IV-A Head Start	115384
Plus agency in fiscal year 2004 or fiscal year 2005, the former	115385
Title IV-A Head Start agencies, Title IV-A Head Start Plus	115386
agencies, and the Department of Education shall determine the	115387
repayment schedule for amounts owed under division (A) of this	115388
section. These amounts shall be paid to the state not later than	115389
June 30, 2019.	115390

(D) If an entity that was a Title IV-A Head Start or Title	115391
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	115392
2005 owed the state any portion of the start-up grant amount	115393
during fiscal year 2006 or fiscal year 2007 but failed to repay	115394
the entire amount of the obligation by June 30, 2007, the entity	115395
shall be given an extension for repayment through June 30, 2019,	115396
before any amounts remaining due and payable to the state are	115397
referred to the Attorney General for collection under section	115398
131.02 of the Revised Code.	115399

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	115400
start-up grants that are retained by early learning agencies or	115401
early learning providers pursuant to this section shall be	115402
reimbursed to the General Revenue Fund when the early learning	115403
program ceases or if an early learning agency's or early learning	115404
provider's participation in the early learning program ceases or	115405
is terminated.	115406

Section 265.40.40. AUXILIARY SERVICES REIMBURSEMENT

115407

Notwithstanding section 3317.064 of the Revised Code, if the	115408
unexpended, unencumbered cash balance is sufficient, the Treasurer	115409
of State shall transfer $1,500,000 in fiscal year 2010 within	115410
thirty days after the effective date of this section, and	115411
$1,500,000 in fiscal year 2011 by August 1, 2010, from the	115412
Auxiliary Services Personnel Unemployment Compensation Fund to the	115413
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	115414
Department of Education.	115415

Section 265.40.50. LOTTERY PROFITS EDUCATION FUND

115416

Appropriation item 200612, Foundation Funding (Fund 7017),	115417
shall be used in conjunction with appropriation item 200550,	115418
Foundation Funding (GRF), to provide payments to school districts	115419
under Chapter 3306. of the Revised Code.	115420

The Department of Education, with the approval of the	115421
Director of Budget and Management, shall determine the monthly	115422
distribution schedules of appropriation item 200550, Foundation	115423
Funding (GRF), and appropriation item 200612, Foundation Funding	115424
(Fund 7017). If adjustments to the monthly distribution schedule	115425
are necessary, the Department of Education shall make such	115426
adjustments with the approval of the Director of Budget and	115427
Management.	115428

Section 265.40.60. LOTTERY PROFITS EDUCATION RESERVE FUND

115429

(A) There is hereby created the Lottery Profits Education	115430
Reserve Fund (Fund 7018) in the State Treasury. Investment	115431
earnings of the Lottery Profits Education Reserve Fund shall be	115432
credited to the fund. The Superintendent of Public Instruction may	115433
certify cash balances exceeding $75,000,000 in Fund 7018 to the	115434
Director of Budget and Management in June of any given fiscal	115435
year. Prior to making the certification, the Superintendent of	115436
Public Instruction shall determine whether the funds above the	115437
$75,000,000 threshold are needed to help pay for foundation	115438
program obligations for that fiscal year under Chapter 3306. of	115439
the Revised Code.	115440

For fiscal years 2010 and 2011, notwithstanding any	115441
provisions of law to the contrary, amounts necessary to make loans	115442
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	115443
Revised Code are hereby appropriated to Fund 7018. Loan repayments	115444
from loans made in previous years shall be deposited to the	115445
fund.	115446

(B) On July 15, 2009, or as soon as possible thereafter, the	115447
Director of the Ohio Lottery Commission shall certify to the	115448
Director of Budget and Management the amount by which lottery	115449
profit transfers received by the Lottery Profits Education Fund	115450
(Fund 7017) exceeded $667,900,000 in fiscal year 2009. The	115451
Director of Budget and Management may transfer the amount so	115452
certified, plus the cash balance in Fund 7017, to Fund 7018.	115453

(C) On July 15, 2010, or as soon as possible thereafter, the	115454
Director of the Ohio Lottery Commission shall certify to the	115455
Director of Budget and Management the amount by which lottery	115456
profit transfers received by Fund 7017 exceeded $705,000,000 in	115457
fiscal year 2010. The Director of Budget and Management may	115458
transfer the amount so certified, plus the cash balance in Fund	115459
7017, to Fund 7018.	115460

(D) Any amounts transferred under division (B) or (C) of this	115461
section may be made available by the Controlling Board in fiscal	115462
years 2010 or 2011, at the request of the Superintendent of Public	115463
Instruction, to provide assistance and grants to school districts	115464
to enable them to remain solvent and to pay unforeseeable expenses	115465
of a temporary or emergency nature that they are unable to pay	115466
from existing resources under section 3316.20 of the Revised Code,	115467
and to provide payments to school districts under Chapter 3306. of	115468
the Revised Code.	115469

Section 265.40.70. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	115470
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	115471

Notwithstanding any provision of law to the contrary, in	115472
fiscal year 2010 and fiscal year 2011 the Director of Budget and	115473
Management may make temporary transfers between the General	115474
Revenue Fund and the School District Property Tax Replacement –	115475
Business Fund (Fund 7047) in the Department of Education to ensure	115476
sufficient balances in Fund 7047 and to replenish the General	115477
Revenue Fund for such transfers.	115478

Section 265.40.80. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	115479
BUSINESS	115480

The foregoing appropriation item 200909, School District	115481
Property Tax Replacement – Business, shall be used by the	115482
Department of Education, in consultation with the Department of	115483
Taxation, to make payments to school districts and joint	115484
vocational school districts under section 5751.21 of the Revised	115485
Code. If it is determined by the Director of Budget and	115486
Management that additional appropriations are necessary for this	115487
purpose, such amounts are hereby appropriated.	115488

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

115489

The foregoing appropriation item 200900, School District	115490
Property Tax Replacement-Utility, shall be used by the Department	115491
of Education, in consultation with the Department of Taxation, to	115492
make payments to school districts and joint vocational school	115493
districts under section 5727.85 of the Revised Code. If it is	115494
determined by the Director of Budget and Management that	115495
additional appropriations are necessary for this purpose, such	115496
amounts are hereby appropriated.	115497

DISTRIBUTION FORMULAS

115498

The Department of Education shall report the following to the	115499
Director of Budget and Management and the Legislative Service	115500
Commission:	115501

(A) Changes in formulas for distributing state	115502
appropriations, including administratively defined formula	115503
factors;	115504

(B) Discretionary changes in formulas for distributing	115505
federal appropriations;	115506

(C) Federally mandated changes in formulas for distributing	115507
federal appropriations.	115508

Any such changes shall be reported two weeks prior to the	115509
effective date of the change.	115510

Section 265.50.10. EDUCATIONAL SERVICE CENTERS FUNDING

115511

(A) As used in this section:

115512

(1) "Internet- or computer-based community school" has the	115513
same meaning as in section 3314.02 of the Revised Code.	115514

(2) "Service center ADM" has the same meaning as in section	115515
3317.11 of the Revised Code.	115516

(3) "STEM school" means a science, technology, engineering,	115517
and mathematics school established under Chapter 3326. of the	115518
Revised Code.	115519

(B) Notwithstanding division (F) of section 3317.11 of the	115520
Revised Code, no funds shall be provided under that division to an	115521
educational service center in either fiscal year for any pupils of	115522
a city or exempted village school district unless an agreement to	115523
provide services under section 3313.843 of the Revised Code was	115524
entered into by January 1, 1997, except that funds shall be	115525
provided to an educational service center for any pupils of a city	115526
school district if the agreement to provide services was entered	115527
into within one year of the date upon which such district changed	115528
from a local school district to a city school district.	115529

If an educational service center that entered into an	115530
agreement by January 1, 1997, with a city or exempted village	115531
school district to provide services under section 3313.843 of the	115532
Revised Code ceases to operate because all of the local school	115533
districts that constituted the territory of the service center	115534
have severed from the service center pursuant to section 3311.059	115535
of the Revised Code, another educational service center, by	115536
resolution of its governing board, may assume the obligations of	115537
the original service center to provide services to the city or	115538
exempted village school district under that agreement. If that	115539
other service center assumes those obligations to provide services	115540
to the city or exempted village school district, that service	115541
center shall be considered to be the service center that entered	115542
into the agreement by January 1, 1997, and, accordingly, may	115543
receive funds under division (F) of section 3317.11 of the Revised	115544
Code in accordance with this section in fiscal years 2010 and 2011	115545
for pupils of that city or exempted village school district.	115546

(C) Notwithstanding any provision of the Revised Code to the	115547
contrary, an educational service center that sponsors a community	115548
school under Chapter 3314. of the Revised Code in either fiscal	115549
year may include the students of that community school in its	115550
service center ADM for purposes of state funding under division	115551
(F) of section 3317.11 of the Revised Code, unless the community	115552
school is an Internet- or computer-based community school. A	115553
service center shall include the community school students in its	115554
service center ADM only to the extent that the students are not	115555
already so included, and only in accordance with guidelines issued	115556
by the Department of Education. If the students of a community	115557
school sponsored by an educational service center are included in	115558
the service center ADM of another educational service center,	115559
those students shall be removed from the service center ADM of the	115560
other educational service center and added to the service center	115561
ADM of the community school's sponsoring service center. The	115562
General Assembly authorizes this procedure as an incentive for	115563
educational service centers to take over sponsorship of community	115564
schools from the State Board of Education as the State Board's	115565
sponsorship is phased out in accordance with Sub. H.B. 364 of the	115566
124th General Assembly. No student of an Internet- or	115567
computer-based community school shall be counted in the service	115568
center ADM of any educational service center. The Department shall	115569
pay educational service centers under division (F) of section	115570
3317.11 of the Revised Code for community school students included	115571
in their service center ADMs under this division only if	115572
sufficient funds earmarked within appropriation item 200550,	115573
Foundation Funding, for payments under that division remain after	115574
first paying for students attributable to their local and client	115575
school districts, in accordance with divisions (B) and (E) of this	115576
section.	115577

(D) Notwithstanding division (C) of section 3326.45 of the	115578
Revised Code, the Department shall pay educational service centers	115579
under division (H) of section 3317.11 of the Revised Code for	115580
services provided to STEM schools only if sufficient funds	115581
earmarked within appropriation item 200550, Foundation Funding,	115582
for payments under that division remain after first paying for	115583
students attributable to the local and client school districts of	115584
the service centers and for community school students in their	115585
service center ADMs, in accordance with divisions (B), (C), and	115586
(E) of this section.	115587

(E) If insufficient funds are earmarked within appropriation	115588
item 200550, Foundation Funding, for payments under divisions (F)	115589
and (H) of section 3317.11 of the Revised Code and division (C) of	115590
this section in fiscal year 2010 or fiscal year 2011, the	115591
Department shall prioritize the distribution of the earmarked	115592
funds as follows:	115593

(1) The Department shall first distribute to each educational	115594
service center the per-student amount specified in division (F) of	115595
section 3317.11 of the Revised Code for each student in its	115596
service center ADM attributable to the local school districts	115597
within the service center's territory.	115598

(2) The Department shall distribute the remaining funds in	115599
each fiscal year to each educational service center for the	115600
students in its service center ADM attributable to each city and	115601
exempted village school district that had entered into an	115602
agreement with an educational service center for that fiscal year	115603
under section 3313.843 of the Revised Code by January 1, 1997, up	115604
to the per-student amount specified in division (F) of section	115605
3317.11 of the Revised Code. If insufficient funds remain to pay	115606
each service center the full amount specified in division (F) of	115607
that section for each such student, the Department shall	115608
distribute the remaining funds to each service center	115609
proportionally, on a per-student basis for each such student,	115610
unless that proportional per-student amount exceeds the amount	115611
specified in division (F)(1) of that section. In that case, the	115612
Department shall distribute the per-student amount specified in	115613
division (F)(1) of that section to each service center for each	115614
such student and shall distribute the remainder proportionally, on	115615
a per-student basis for each such student, to the multicounty	115616
service centers described in division (F)(2) of that section.	115617

(3) If the Department has paid each service center under	115618
divisions (E)(1) and (2) of this section the full amount specified	115619
in division (F) of section 3317.11 of the Revised Code for each	115620
student attributable to its local school districts and its client	115621
school districts described in division (E)(2) of this section, the	115622
Department shall distribute any remaining funds proportionally, on	115623
a per-student basis, to each service center that sponsors a	115624
community school, other than an Internet- or computer-based	115625
community school, for the students included in the service center	115626
ADM under division (C) of this section. These payments shall not	115627
exceed per student the amount specified in division (F) of section	115628
3317.11 of the Revised Code.	115629

(4) If the Department has paid each educational service	115630
center that sponsors a community school, other than an Internet-	115631
or computer-based community school, the full amount specified in	115632
division (F) of section 3317.11 of the Revised Code for each	115633
community school student included in the service center ADM under	115634
division (C) of this section, the Department shall distribute any	115635
remaining funds to each service center that is owed money under	115636
division (H) of section 3317.11 of the Revised Code for services	115637
provided to a STEM school. If insufficient funds remain to pay	115638
each service center the full amount calculated for it under	115639
division (H) of section 3317.11 of the Revised Code, the	115640
Department shall distribute the remaining funds proportionally, on	115641
a per-student basis, to each service center owed money under that	115642
division, unless that proportional per-student amount exceeds the	115643
per-student amount specified in any service center's contract	115644
entered into under section 3326.45 of the Revised Code. In that	115645
case, the Department shall distribute the lowest per-student	115646
amount specified in the service center contracts entered into	115647
under that section to each service center owed money under	115648
division (H) of section 3317.11 of the Revised Code and shall	115649
distribute the remainder proportionally, on a per-student basis,	115650
to service centers with contracts under section 3326.45 of the	115651
Revised Code that specify higher per-student amounts, but in no	115652
case shall the payments to any service center exceed the	115653
per-student amount specified in the service center's contract with	115654
the STEM school.	115655

Section 265.50.20. WAIVER OF PUPIL TO TEACHER RATIO

115656

For the school year commencing July 1, 2009, or the school	115657
year commencing July 1, 2010, or both, the Superintendent of	115658
Public Instruction may waive for the board of education of any	115659
school district the ratio of teachers to pupils in kindergarten	115660
through fourth grade required under paragraph (A)(3) of rule	115661
3301-35-05 of the Administrative Code if the following conditions	115662
apply:	115663

(A) The board of education requests the waiver.

115664

(B) After the Department of Education conducts an on-site	115665
evaluation of the district related to meeting the required ratio,	115666
the board of education demonstrates to the satisfaction of the	115667
Superintendent of Public Instruction that providing the facilities	115668
necessary to meet the required ratio during the district's regular	115669
school hours with pupils in attendance would impose an extreme	115670
hardship on the district.	115671

(C) The board of education provides assurances that are	115672
satisfactory to the Superintendent of Public Instruction that the	115673
board will act in good faith to meet the required ratio as soon as	115674
possible.	115675

Section 265.50.30. PRIVATE TREATMENT FACILITY PROJECT

115676

(A) As used in this section:

115677

(1) The following are "participating residential treatment	115678
centers":	115679

(a) Private residential treatment facilities that have	115680
entered into a contract with the Department of Youth Services to	115681
provide services to children placed at the facility by the	115682
Department and which, in fiscal year 2010 or fiscal year 2011 or	115683
both, the Department pays through appropriation item 470401,	115684
RECLAIM Ohio;	115685

(b) Abraxas, in Shelby;

115686

115687

(d) Act One, in Akron;

115688

(e) F.I.R.S.T., in Mansfield.

115689

(2) "Education program" means an elementary or secondary	115690
education program or a special education program and related	115691
services.	115692

(3) "Served child" means any child receiving an education	115693
program pursuant to division (B) of this section.	115694

(4) "School district responsible for tuition" means a city,	115695
exempted village, or local school district that, if tuition	115696
payment for a child by a school district is required under law	115697
that existed in fiscal year 1998, is the school district required	115698
to pay that tuition.	115699

(5) "Residential child" means a child who resides in a	115700
participating residential treatment center and who is receiving an	115701
educational program under division (B) of this section.	115702

(B) A youth who is a resident of the state and has been	115703
assigned by a juvenile court or other authorized agency to a	115704
residential treatment facility specified in division (A) of this	115705
section shall be enrolled in an approved educational program	115706
located in or near the facility. Approval of the educational	115707
program shall be contingent upon compliance with the criteria	115708
established for such programs by the Department of Education. The	115709
educational program shall be provided by a school district or	115710
educational service center, or by the residential facility itself.	115711
Maximum flexibility shall be given to the residential treatment	115712
facility to determine the provider. In the event that a voluntary	115713
agreement cannot be reached and the residential facility does not	115714
choose to provide the educational program, the educational service	115715
center in the county in which the facility is located shall	115716
provide the educational program at the treatment center to	115717
children under twenty-two years of age residing in the treatment	115718
center.	115719

(C) Any school district responsible for tuition for a	115720
residential child shall, notwithstanding any conflicting provision	115721
of the Revised Code regarding tuition payment, pay tuition for the	115722
child for fiscal year 2010 and fiscal year 2011 to the education	115723
program provider and in the amount specified in this division. If	115724
there is no school district responsible for tuition for a	115725
residential child and if the participating residential treatment	115726
center to which the child is assigned is located in the city,	115727
exempted village, or local school district that, if the child were	115728
not a resident of that treatment center, would be the school	115729
district where the child is entitled to attend school under	115730
sections 3313.64 and 3313.65 of the Revised Code, that school	115731
district, notwithstanding any conflicting provision of the Revised	115732
Code, shall pay tuition for the child for fiscal year 2010 and	115733
fiscal year 2011 under this division unless that school district	115734
is providing the educational program to the child under division	115735
(B) of this section.	115736

A tuition payment under this division shall be made to the	115737
school district, educational service center, or residential	115738
treatment facility providing the educational program to the child.	115739

The amount of tuition paid shall be:

115740

(1) The amount of tuition determined for the district under	115741
division (A) of section 3317.08 of the Revised Code;	115742

(2) In addition, for any student receiving special education	115743
pursuant to an individualized education program as defined in	115744
section 3323.01 of the Revised Code, a payment for excess costs.	115745
This payment shall equal the actual cost to the school district,	115746
educational service center, or residential treatment facility of	115747
providing special education and related services to the student	115748
pursuant to the student's individualized education program, minus	115749
the tuition paid for the child under division (C)(1) of this	115750
section.	115751

A school district paying tuition under this division shall	115752
not include the child for whom tuition is paid in the district's	115753
average daily membership certified under division (A) of section	115754
3317.03 of the Revised Code.	115755

(D) In each of fiscal years 2010 and 2011, the Department of	115756
Education shall reimburse, from appropriations made for the	115757
purpose, a school district, educational service center, or	115758
residential treatment facility, whichever is providing the	115759
service, that has demonstrated that it is in compliance with the	115760
funding criteria for each served child for whom a school district	115761
must pay tuition under division (C) of this section. The amount of	115762
the reimbursement shall be the amount appropriated for this	115763
purpose divided by the full-time equivalent number of children for	115764
whom reimbursement is to be made.	115765

(E) Funds provided to a school district, educational service	115766
center, or residential treatment facility under this section shall	115767
be used to supplement, not supplant, funds from other public	115768
sources for which the school district, service center, or	115769
residential treatment facility is entitled or eligible.	115770

(F) The Department of Education shall track the utilization	115771
of funds provided to school districts, educational service	115772
centers, and residential treatment facilities under this section	115773
and monitor the effect of the funding on the educational programs	115774
they provide in participating residential treatment facilities.	115775
The Department shall monitor the programs for educational	115776
accountability.	115777

Section 265.50.40. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	115778
ASSESSMENT OF EDUCATION PROGRESS	115779

The General Assembly intends for the Superintendent of Public	115780
Instruction to provide for school district participation in the	115781
administration of the National Assessment of Education Progress in	115782
accordance with section 3301.27 of the Revised Code. Each school	115783
and school district selected for participation by the	115784
Superintendent of Public Instruction shall participate.	115785

Section 265.50.50. DEPARTMENT OF EDUCATION APPROPRIATION	115786
TRANSFERS FOR STUDENT ASSESSMENT	115787

In fiscal year 2010 and fiscal year 2011, if the	115788
Superintendent of Public Instruction determines that additional	115789
funds are needed to fully fund the requirements of Am. Sub. H.B. 3	115790
of the 125th General Assembly and this act for assessments of	115791
student performance, the Superintendent of Public Instruction may	115792
recommend the reallocation of unexpended and unencumbered General	115793
Revenue Fund appropriations within the Department of Education to	115794
appropriation item 200437, Student Assessment, to the Director of	115795
Budget and Management. If the Director of Budget and Management	115796
determines that such a reallocation is required, the Director of	115797
Budget and Management may transfer unexpended and unencumbered	115798
appropriations within the Department of Education as necessary to	115799
appropriation item 200437, Student Assessment. If these	115800
transferred appropriations are not sufficient to fully fund the	115801
assessment requirements in fiscal year 2010 or fiscal year 2011,	115802
the Superintendent of Public Instruction may request that the	115803
Controlling Board transfer up to $9,000,000 cash from the Lottery	115804
Profits Education Reserve Fund (Fund 7018) to the General Revenue	115805
Fund. Upon approval of the Controlling Board, these transferred	115806
funds are hereby appropriated for the same purpose as	115807
appropriation item 200437, Student Assessment.	115808

Section 265.50.55. TRANSFER AND ADJUSTMENT OF ARRA STATE	115809
FISCAL STABILIZATION FUND APPROPRIATIONS	115810

The Director of Budget and Management may transfer	115811
appropriation between appropriation items 200550, Foundation	115812
Funding, and 200551, Foundation Funding – Federal Stimulus, in	115813
each fiscal year, upon the written request of the Superintendent	115814
of Public Instruction, including transferring appropriation	115815
between fiscal year 2010 and fiscal year 2011. The Director shall	115816
report each transfer made under this section to the Controlling	115817
Board at its next regularly scheduled meeting after the transfer	115818
is made.	115819

Section 265.50.60. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	115820
STUDENTS	115821

(A) As used in this section:

115822

(1) "IEP" has the same meaning as in section 3323.01 of the	115823
Revised Code.	115824

(2) "SBH student" means a student receiving special education	115825
and related services for severe behavior disabilities pursuant to	115826
an IEP.	115827

(B) This section applies only to a community school	115828
established under Chapter 3314. of the Revised Code that in each	115829
of fiscal years 2010 and 2011 enrolls a number of SBH students	115830
equal to at least fifty per cent of the total number of students	115831
enrolled in the school in the applicable fiscal year.	115832

(C) In addition to any payments made under Chapter 3306. of	115833
the Revised Code, in each of fiscal years 2010 and 2011, the	115834
Department of Education shall pay to a community school to which	115835
this section applies a subsidy equal to the difference between the	115836
aggregate amount calculated and paid in fiscal year 2009 to the	115837
community school for special education and related services	115838
additional weighted costs for the SBH students enrolled in the	115839
school and the aggregate amount that would have been calculated	115840
for the school for special education and related services	115841
additional weighted costs for those same students in fiscal year	115842
2001. If the difference is a negative number, the amount of the	115843
subsidy shall be zero.	115844

(D) The amount of any subsidy paid to a community school	115845
under this section shall not be deducted from the school district	115846
in which any of the students enrolled in the community school are	115847
entitled to attend school under section 3313.64 or 3313.65 of the	115848
Revised Code. The amount of any subsidy paid to a community school	115849
under this section shall be paid from funds appropriated to the	115850
Department of Education in appropriation item 200550, Foundation	115851
Funding.	115852

Section 265.50.70. EARMARK ACCOUNTABILITY

115853

At the request of the Superintendent of Public Instruction,	115854
any entity that receives a budget earmark under the Department of	115855
Education shall submit annually to the chairpersons of the	115856
committees of the House of Representatives and the Senate	115857
primarily concerned with education and to the Department of	115858
Education a report that includes a description of the services	115859
supported by the funds, a description of the results achieved by	115860
those services, an analysis of the effectiveness of the program,	115861
and an opinion as to the program's applicability to other school	115862
districts. For an earmarked entity that received state funds from	115863
an earmark in the prior fiscal year, no funds shall be provided by	115864
the Department of Education to an earmarked entity for a fiscal	115865
year until its report for the prior fiscal year has been	115866
submitted.	115867

Section 265.50.80. PROHIBITION FROM OPERATING FROM HOME

115868

No community school established under Chapter 3314. of the	115869
Revised Code that was not open for operation as of May 1, 2005,	115870
shall operate from a home, as defined in section 3313.64 of the	115871
Revised Code.	115872

Section 265.50.90. EARLY COLLEGE START UP COMMUNITY SCHOOL

115873

(A) As used in this section:

115874

(1) "Big eight school district" has the same meaning as in	115875
section 3314.02 of the Revised Code.	115876

(2) "Early college high school" means a high school that	115877
provides students with a personalized learning plan based on an	115878
accelerated curriculum combining high school and college-level	115879
coursework.	115880

(B) Any early college high school that is operated by a big	115881
eight school district in partnership with a private university may	115882
operate as a new start-up community school under Chapter 3314. of	115883
the Revised Code beginning in the 2007-2008 school year, if all of	115884
the following conditions are met:	115885

(1) The governing authority and sponsor of the school enter	115886
into a contract in accordance with section 3314.03 of the Revised	115887
Code and, notwithstanding division (D) of section 3314.02 of the	115888
Revised Code, both parties adopt and sign the contract by July 9,	115889
2007.	115890

(2) Notwithstanding division (A) of section 3314.016 of the	115891
Revised Code, the school's governing authority enters into a	115892
contract with the private university under which the university	115893
will be the school's operator.	115894

(3) The school provides the same educational program the	115895
school provided while part of the big eight school district.	115896

Section 265.60.10. PILOT PROGRAM FOR SCHOOL SITE VISITS

115897

Notwithstanding sections 3301.83 and 3314.39 of the Revised	115898
Code, the Department of Education shall provide a pilot program	115899
of site visits both for schools operated by school districts and	115900
for community schools instead of the site visits otherwise	115901
required under those sections. The pilot program shall contain all	115902
of the elements of section 3301.83 of the Revised Code for site	115903
visits of schools operated by school districts and all of the	115904
elements of section 3314.39 of the Revised Code for site visits of	115905
community schools. Not later than December 31, 2010, the	115906
Department shall report to the Governor and the General Assembly	115907
as to the progress of the site visits conducted under the pilot	115908
program as well as recommendations to provide for full	115909
implementation of sections 3301.83 and 3314.39 of the Revised	115910
Code.	115911

Section 265.60.20. TASK FORCE ON TEACHER COMPENSATION AND	115912
PERFORMANCE	115913

(A) There is hereby established the Task Force on Teacher	115914
Compensation and Performance. The membership of the Task Force	115915
shall consist of the Superintendent of Public Instruction, or the	115916
Superintendent's designee, who shall act as chair, and the	115917
following members appointed by the Governor:	115918

(1) Two persons employed as teachers in a school district;

115919

(2) Two persons who are retired educators;

115920

(3) Two persons employed as superintendents of a school	115921
district;	115922

(4) Two persons employed as treasurers of a school district;

115923

(5) Two persons employed as principals in a school district;

115924

(6) Two persons employed as faculty at a higher education	115925
institution;	115926

(7) Two persons representing Ohio philanthropic	115927
organizations;	115928

(8) One person representing the business community;

115929

(9) One person representing the general public.

115930

The members of the Task Force shall serve without	115931
compensation.	115932

(B) Initial appointments to the Task Force shall be completed	115933
within 90 days of the effective date of this section. The Governor	115934
shall convene the Task Force not more than 30 days after the final	115935
appointment has been made.	115936

(C) The Task Force shall examine the existing structures and	115937
systems that support compensation and retirement benefits and	115938
develop recommendations designed to improve the connections among	115939
compensation, teaching excellence, and higher levels of student	115940
learning. The Department of Education shall provide the Task Force	115941
with data and staff assistance as requested by the Task Force.	115942

(D) The Task Force shall provide its recommendations in a	115943
written report to the Governor, the General Assembly, the State	115944
Board of Education, the Superintendent of Public Instruction, and	115945
the Chancellor of the Board of Regents not later than December 1,	115946
2010. Upon completion of its report, the Task Force shall cease to	115947
exist.	115948

Section 265.60.30. USE OF VOLUNTEERS

115949

The Department of Education may utilize the services of	115950
volunteers to accomplish any of the purposes of the Department.	115951
The Superintendent of Public Instruction shall approve for what	115952
purposes volunteers may be used and for these purposes may	115953
recruit, train, and oversee the services of volunteers. The	115954
Superintendent may reimburse volunteers for necessary and	115955
appropriate expenses in accordance with state guidelines and may	115956
designate volunteers as state employees for the purpose of motor	115957
vehicle accident liability insurance under section 9.83 of the	115958
Revised Code, for immunity under section 9.86 of the Revised Code,	115959
and for indemnification from liability incurred in the performance	115960
of their duties under section 9.87 of the Revised Code.	115961

Section 265.60.60. EDUCATOR STANDARDS BOARD

115962

(A) The State Board of Education shall appoint two teachers	115963
under division (A)(1)(a) of section 3319.60 of the Revised Code,	115964
as amended by this act, not later than sixty days after the	115965
effective date of this section. The term of office of the new	115966
secondary school teacher member shall expire July 1, 2011, and the	115967
term of office of the new elementary school teacher member shall	115968
expire July 1, 2012. Thereafter, the term of the additional	115969
secondary and elementary school teachers appointed to the Educator	115970
Standards Board shall be for two years.	115971

(B) The State Board of Education shall appoint a school	115972
district treasurer or business manager to the Educator Standards	115973
Board under division (A)(1)(c) of section 3319.60 of the Revised	115974
Code, as amended by this act, not later than sixty days after the	115975
effective date of this section. The term of office of that member	115976
shall expire July 1, 2012. Thereafter, the term of the school	115977
district treasurer or business manager appointed to the Educator	115978
Standards Board shall be for two years.	115979

(C) The State Board of Education shall appoint a parent to	115980
the Educator Standards Board under division (A)(1)(e) of section	115981
3319.60 of the Revised Code, as amended by this act, not later	115982
than sixty days after the effective date of this section. The term	115983
of office of that member shall expire July 1, 2011. Thereafter,	115984
the term of the parent representative appointed to the Educator	115985
Standards Board shall be for two years.	115986

(D) The higher education representatives appointed by the	115987
State Board of Education to the Educator Standards Board prior to	115988
the effective date of this section under former division (A)(5) of	115989
section 3319.60 of the Revised Code shall serve for the remainder	115990
of their terms. The Chancellor of the Ohio Board of Regents shall	115991
appoint higher education representatives to the Educator	115992
Standards Board under division (A)(2) of section 3319.60 of the	115993
Revised Code, as amended by this act, as the terms of the higher	115994
education representatives appointed under former division (A)(5)	115995
of that section expire, each for a term of two years. The	115996
Chancellor also shall fill any vacancies that occur during the	115997
term of a higher education representative appointed under former	115998
division (A)(5) of that section.	115999

Section 265.60.70. RESTRICTION OF LIABILITY FOR CERTAIN	116000
REIMBURSEMENTS	116001

(A) Except as expressly required under a court judgment not	116002
subject to further appeals, or a settlement agreement with a	116003
school district executed on or before June 1, 2009, in the case of	116004
a school district for which the formula ADM for fiscal year	116005
2005, as reported for that fiscal year under division (A) of	116006
section 3317.03 of the Revised Code, was reduced based on	116007
enrollment reports for community schools, made under section	116008
3314.08 of the Revised Code, regarding students entitled to	116009
attend school in the district, which reduction of formula ADM	116010
resulted in a reduction of foundation funding or transitional aid	116011
funding for fiscal year 2005, 2006, or 2007, no school district,	116012
except a district named in the court's judgment or the settlement	116013
agreement, shall have a legal claim for reimbursement of the	116014
amount of such reduction in foundation funding or transitional	116015
aid funding, and the state shall not have liability for	116016
reimbursement of the amount of such reduction in foundation	116017
funding or transitional aid funding.	116018

(B) As used in this section:

116019

(1) "Community school" means a community school established	116020
under Chapter 3314. of the Revised Code.	116021

(2) "Entitled to attend school" means entitled to attend	116022
school in a school district under section 3313.64 or 3313.65 of	116023
the Revised Code.	116024

(3) "Foundation funding" means payments calculated for the	116025
respective fiscal year under Chapter 3317. of the Revised Code.	116026

(4) "Transitional aid funding" means payments calculated for	116027
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	116028
of the 125th General Assembly, as subsequently amended; Section	116029
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	116030
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	116031
of the 127th General Assembly.	116032

Section 265.60.80. COMMITTEE TO UPDATE STANDARDS AND	116033
CURRICULA	116034

Not later than July 15, 2009, the State Board of Education	116035
shall convene a committee of national experts, state experts, and	116036
local practitioners to provide advice and guidance in the design	116037
of the updated standards and curricula required by section	116038
3301.079 of the Revised Code, as amended by this act.	116039

Section 265.70.10. CENTER FOR EARLY CHILDHOOD DEVELOPMENT

116040

(A) The Superintendent of Public Instruction, in	116041
consultation with the Governor, shall create the Center for Early	116042
Childhood Development in the Department of Education comprised of	116043
staff from the Department of Education, the Department of Job	116044
and Family Services, the Department of Health, and any other	116045
state agency as determined necessary by the Superintendent. The	116046
Superintendent also shall hire a Director of the Center who shall	116047
report to the Superintendent and the Governor. The Center, under	116048
the supervision of the Director, shall research and make	116049
recommendations about the coordination of early childhood	116050
programs and services for children, beginning with prenatal care	116051
and continuing until entry into kindergarten, and the eventual	116052
transfer of the authority to implement those programs and services	116053
from other state agencies to the Department of Education.	116054

(B) The Director of the Early Childhood Cabinet, in	116055
partnership with staff from the Department of Education and	116056
advised by the Early Childhood Advisory Council, shall submit an	116057
implementation plan to the Superintendent and the Governor not	116058
later than December 31, 2009. The implementation plan shall	116059
include research and recommendations regarding all of the	116060
following:	116061

(1) The identification of programs, services, and funding	116062
sources to be transferred from other state agencies to the	116063
Department of Education;	116064

(2) A new administrative structure within the Department of	116065
Education for the purpose of implementing early childhood	116066
programs and services;	116067

(3) Statutory changes necessary to implement the new	116068
administrative structure within the Department of Education;	116069

(4) A timeline for the transition from the current	116070
administrative structure within other state agencies to the new	116071
administrative structure within the Department of Education.	116072

(C) The Director of Budget and Management may seek	116073
Controlling Board approval to do any of the following to support	116074
the preparation of an implementation plan to create a new	116075
administrative structure for early childhood programs and	116076
services within the Department of Education:	116077

(1) Create new funds and non-GRF appropriation items;

116078

(2) Transfer cash between funds;

116079

(3) Transfer appropriation within the same fund used by the	116080
same state agency.	116081

Any transfers of cash approved by the Controlling Board under	116082
this section are hereby appropriated.	116083

Section 265.70.20. EARLY CHILDHOOD FINANCING WORKGROUP

116084

The Early Childhood Advisory Council shall establish an Early	116085
Childhood Financing Workgroup. The chairperson of the Early	116086
Childhood Advisory Council shall serve as chairperson of the Early	116087
Childhood Financing Workgroup. The Early Childhood Financing	116088
Workgroup shall develop recommendations that explore the	116089
implementation of a single financing system for early care and	116090
education programs that includes aligned payment mechanisms and	116091
consistent eligibility and co-payment policies. Not later than	116092
December 31, 2009, the Early Childhood Financing Workgroup shall	116093
submit its recommendations to the Governor. Upon the order of the	116094
Early Childhood Advisory Council, the Early Childhood Financing	116095
Workgroup shall cease to exist.	116096

Section 265.70.30. STUDY OF SCHOOL TIME ALLOCATION

116097

The Department of Education shall study best practices for	116098
allocating school hours, in terms of classroom instruction,	116099
competency-based evaluation, planning time, and professional	116100
development, within the learning year. As part of the study, the	116101
Department shall consult with teachers, school district	116102
superintendents, members of school district boards of education,	116103
and associations for gifted students. Not later than one year	116104
after the effective date of this section, the Department shall	116105
submit to the General Assembly, in accordance with section 101.68	116106
of the Revised Code, and the Governor a report of its findings and	116107
recommendations for allocation of hours for optimal learning in an	116108
extended learning year.	116109

Section 265.70.40. MORATORIUM ON LOCAL SCHOOL DISTRICT	116110
RELOCATIONS TO DIFFERENT EDUCATIONAL SERVICE CENTERS	116111

Notwithstanding section 3311.059 of the Revised Code, no	116112
severance of the territory of a local school district from the	116113
educational service center to which it currently belongs and	116114
annexation of that district's territory to an adjacent educational	116115
service center, as otherwise authorized under that section, shall	116116
be effective for the period beginning on the effective date of	116117
this section and ending July 1, 2011. All resolutions proposing	116118
such severance and annexation approved by the State Board of	116119
Education but not effective prior to July 1, 2009, are hereby	116120
void. All resolutions proposing such severance and annexation	116121
pending on the effective date of this section are hereby void and	116122
shall not be considered by the State Board. If the board of	116123
education of a local school district with such a severance and	116124
annexation action pending or approved on the effective date of	116125
this section that is void under this section desires to have the	116126
action considered after July 1, 2011, the board shall adopt after	116127
that date a new resolution in the manner prescribed by section	116128
3311.059 of the Revised Code. No local school district shall adopt	116129
a severance and annexation resolution under that section during	116130
the period beginning on the effective date of this section and	116131
ending July 1, 2011.	116132

Section 265.70.50. (A) Not later than December 31, 2010, the	116133
Department of Education, in consultation with the Educator	116134
Standards Board, shall develop a model peer assistance and	116135
review program and shall develop recommendations to expand the	116136
use of peer assistance and review programs in school districts	116137
throughout the state.	116138

(B) In developing the model program required under this	116139
section, the Department shall review existing peer assistance and	116140
review programs in Ohio school districts and shall consult with	116141
the districts about the operation of those programs. The model	116142
program shall include the following elements:	116143

(1) Releasing experienced classroom teachers from	116144
instructional duties for up to three years to focus full-time on	116145
mentoring and evaluating new teachers and underperforming veteran	116146
teachers through classroom observations and follow-up meetings;	116147

(2) Professional development for new and underperforming	116148
teachers that is targeted at their instructional weaknesses;	116149

(3) A committee comprised of representatives of teachers and	116150
the employer to review teacher evaluations and make	116151
recommendations regarding the teachers' continued employment.	116152

(C) The recommendations required under this section shall	116153
include the following:	116154

(1) Identification of barriers to expansion of peer	116155
assistance and review programs, including financial constraints,	116156
labor-management relationships, and barriers unique to small	116157
school districts;	116158

(2) Legislative changes that would eliminate barriers to	116159
expansion of the programs;	116160

(3) Incentives to increase participation in the programs.

116161

(D) The Department shall provide copies of its model program	116162
and recommendations to the Governor, the President and Minority	116163
Leader of the Senate, the Speaker and Minority Leader of the	116164
House of Representatives, and the chairpersons and ranking	116165
minority members of the standing committees on education. The	116166
Department also shall make the model program and recommendations	116167
available to school districts and shall post them on its web	116168
site.	116169

Section 265.70.60. FAMILY CHILD CARE LICENSING WORKGROUP

116170

The Early Childhood Advisory Council shall establish a Family	116171
Child Care Licensing Workgroup. The Workgroup shall develop	116172
recommendations that explore the implementation, costs, and	116173
timeline necessary for the creation of a statewide licensing	116174
system for family child care providers. Not later than December	116175
31, 2009, the Workgroup shall submit its recommendations to the	116176
Governor and the General Assembly. Upon the order of the Early	116177
Childhood Advisory Council, the Workgroup shall cease to exist.	116178

Section 265.70.70. As used in this section, "all-day	116179
kindergarten" has the same meaning as in section 3321.05 of the	116180
Revised Code.	116181

Any school district or community school established under	116182
Chapter 3314. of the Revised Code that, in fiscal year 2009,	116183
offered all-day kindergarten and charged fees or tuition for	116184
students enrolled in all-day kindergarten in accordance with	116185
section 3321.01 of the Revised Code, as it existed prior to the	116186
effective date of this section, may charge fees or tuition for	116187
students enrolled in all-day kindergarten in fiscal years 2010 and	116188
2011, at a rate not higher than the per-student amount charged in	116189
fiscal year 2009 as specified in the sliding fee scale based on	116190
family incomes developed by the district or community school for	116191
that fiscal year. No district or community school shall charge	116192
fees or tuition for students enrolled in all-day kindergarten	116193
after fiscal year 2011.	116194

Section 265.70.80. Notwithstanding section 3306.31 of the	116195
Revised Code, in fiscal year 2010, the Governor's Closing the	116196
Achievement Gap Initiative shall work with those districts that	116197
have a three-year overall average graduation rate of 80 per cent	116198
or less to assist them in planning for the implementation of the	116199
program in fiscal year 2011. Districts that are currently	116200
participating in the program and that continue to have a	116201
three-year overall graduation rate of 80 per cent or less are	116202
encouraged to maintain existing programs during this planning	116203
period.	116204

Section 267.10. ELC OHIO ELECTIONS COMMISSION

116205

General Revenue Fund	116206

GRF	051321		Operating Expenses		$	381,578		$	381,578		116207
TOTAL GRF General Revenue Fund					$	381,578		$	381,578		116208

General Services Fund Group	116209

4P20	051601	Ohio Elections Commission Fund	$	250,000	$	255,000	116210
TOTAL GSF General Services Fund Group			$	250,000	$	255,000	116211
TOTAL ALL BUDGET FUND GROUPS			$	631,578	$	636,578	116212

Section 269.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	116214
DIRECTORS	116215

General Services Fund Group	116216

4K90	881609	Operating Expenses	$	646,414	$	646,562	116217
TOTAL GSF General Services							116218
Fund Group			$	646,414	$	646,562	116219
TOTAL ALL BUDGET FUND GROUPS			$	646,414	$	646,562	116220

Section 271.10. PAY EMPLOYEE BENEFITS FUNDS

116222

Accrued Leave Liability Fund Group	116223

8060	995666	Accrued Leave Fund	$	65,200,000	$	67,200,000	116224
8070	995667	Disability Fund	$	27,400,000	$	28,100,000	116225
TOTAL ALF Accrued Leave Liability							116226
Fund Group			$	92,600,000	$	95,300,000	116227

Agency Fund Group	116228

1240	995673	Payroll Deductions	$	881,573,000	$	943,283,110	116229
8080	995668	State Employee Health Benefit Fund	$	551,795,580	$	600,263,430	116230
8090	995669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	116231
8100	995670	Life Insurance Investment Fund	$	2,229,834	$	2,229,834	116232
8110	995671	Parental Leave Benefit Fund	$	3,900,000	$	4,000,000	116233
8130	995672	Health Care Spending Account	$	8,977,689	$	12,000,000	116234
TOTAL AGY Agency Fund Group			$	1,451,445,738	$	1,564,746,009	116235

TOTAL ALL BUDGET FUND GROUPS

1,544,045,738

1,660,046,009

116236

ACCRUED LEAVE LIABILITY FUND

116237

The foregoing appropriation item 995666, Accrued Leave Fund,	116238
shall be used to make payments from the Accrued Leave Liability	116239
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	116240
If it is determined by the Director of Budget and Management that	116241
additional amounts are necessary, the amounts are hereby	116242
appropriated.	116243

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

116244

The foregoing appropriation item 995667, Disability Fund,	116245
shall be used to make payments from the State Employee Disability	116246
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	116247
Revised Code. If it is determined by the Director of Budget and	116248
Management that additional amounts are necessary, the amounts are	116249
hereby appropriated.	116250

PAYROLL WITHHOLDING FUND

116251

The foregoing appropriation item 995673, Payroll Deductions,	116252
shall be used to make payments from the Payroll Withholding Fund	116253
(Fund 1240). If it is determined by the Director of Budget and	116254
Management that additional appropriation amounts are necessary,	116255
the amounts are hereby appropriated.	116256

STATE EMPLOYEE HEALTH BENEFIT FUND

116257

The foregoing appropriation item 995668, State Employee	116258
Health Benefit Fund, shall be used to make payments from the State	116259
Employee Health Benefit Fund (Fund 8080) pursuant to section	116260
124.87 of the Revised Code. If it is determined by the Director of	116261
Budget and Management that additional amounts are necessary, the	116262
amounts are hereby appropriated.	116263

On June 30, 2010, or as soon as possible thereafter, the	116264
Director of Budget and Management shall transfer $1,620,000 cash	116265
from the General Revenue Fund to the State Employee Health Benefit	116266
Fund (Fund 8080).	116267

DEPENDENT CARE SPENDING FUND

116268

The foregoing appropriation item 995669, Dependent Care	116269
Spending Account, shall be used to make payments from the	116270
Dependent Care Spending Fund (Fund 8090) to employees eligible for	116271
dependent care expenses. If it is determined by the Director of	116272
Budget and Management that additional amounts are necessary, the	116273
amounts are hereby appropriated.	116274

LIFE INSURANCE INVESTMENT FUND

116275

The foregoing appropriation item 995670, Life Insurance	116276
Investment Fund, shall be used to make payments from the Life	116277
Insurance Investment Fund (Fund 8100) for the costs and expenses	116278
of the state's life insurance benefit program pursuant to section	116279
125.212 of the Revised Code. If it is determined by the Director	116280
of Budget and Management that additional amounts are necessary,	116281
the amounts are hereby appropriated.	116282

PARENTAL LEAVE BENEFIT FUND

116283

The foregoing appropriation item 995671, Parental Leave	116284
Benefit Fund, shall be used to make payments from the Parental	116285
Leave Benefit Fund (Fund 8110) to employees eligible for parental	116286
leave benefits pursuant to section 124.137 of the Revised Code. If	116287
it is determined by the Director of Budget and Management that	116288
additional amounts are necessary, the amounts are hereby	116289
appropriated.	116290

HEALTH CARE SPENDING ACCOUNT FUND

116291

The foregoing appropriation item 995672, Health Care	116292
Spending Account, shall be used to make payments from the Health	116293
Care Spending Account Fund (Fund 8130) for payments pursuant to	116294
state employees' participation in a flexible spending account	116295
for non-reimbursed health care expenses and section 124.821 of	116296
the Revised Code. If it is determined by the Director of	116297
Administrative Services that additional appropriation amounts are	116298
necessary, the Director of Administrative Services may request	116299
that the Director of Budget and Management increase such amounts.	116300
Such amounts are hereby appropriated.	116301

At the request of the Director of Administrative Services,	116302
the Director of Budget and Management may transfer up to $145,000	116303
from the General Revenue Fund to the Health Care Spending Account	116304
Fund during fiscal years 2010 and 2011. This cash shall be	116305
transferred as needed to provide adequate cash flow for the Health	116306
Care Spending Account Fund during fiscal year 2010 and fiscal year	116307
2011. If funds are available at the end of fiscal years 2010 and	116308
2011, the Director of Budget and Management shall transfer cash up	116309
to the amount previously transferred in the respective year, plus	116310
interest income, from the Health Care Spending Account (Fund	116311
8130) to the General Revenue Fund.	116312

Section 273.10. ERB STATE EMPLOYMENT RELATIONS BOARD

116313

General Revenue Fund	116314

GRF	125321		Operating Expenses		$	4,090,876		$	4,090,876		116315
TOTAL GRF General Revenue Fund					$	4,090,876		$	4,090,876		116316

General Services Fund Group	116317

5720	125603	Training and Publications	$	105,000	$	105,000	116318
TOTAL GSF General Services							116319
Fund Group			$	105,000	$	105,000	116320
TOTAL ALL BUDGET FUND GROUPS			$	4,195,876	$	4,195,876	116321

Section 273.20. CONSOLIDATION OF SERVICES WITH STATE	116323
EMPLOYMENT RELATIONS BOARD	116324

(A) Beginning on July 1, 2009, the Chairperson of the State	116325
Employment Relations Board is the appointing authority for all	116326
employees of the State Personnel Board of Review and the State	116327
Employment Relations Board. After conferring with the Chairperson	116328
of the State Personnel Board of Review, the Chairperson of the	116329
State Employment Relations Board shall identify the employees,	116330
equipment, assets, and records of the State Personnel Board of	116331
Review to be transferred to the State Employment Relations Board.	116332
The State Employment Relations Board and the State Personnel Board	116333
of Review shall enter into an interagency agreement to transfer to	116334
the State Employment Relations Board employees, equipment,	116335
assets, and records of the State Personnel Board of Review by July	116336
1, 2009, or as soon as possible thereafter. The agreement may	116337
include provisions to transfer property and any other provisions	116338
necessary for the continued administration of program activities.	116339
The employees of the State Personnel Board of Review that the	116340
Chairperson of the State Employment Relations Board identifies for	116341
transfer, and any equipment assigned to those employees, are	116342
hereby transferred to the State Employment Relations Board. Any	116343
employees of the State Personnel Board of Review so transferred	116344
shall retain the rights specified in sections 124.321 to 124.328	116345
of the Revised Code, and any employee transferred to the State	116346
Employment Relations Board retains the employee's respective	116347
classification, but the Chairperson of the State Employment	116348
Relations Board may reassign and reclassify the employee's	116349
position and compensation as the Chairperson determines to be in	116350
the interest of efficient office administration. Pursuant to	116351
division (B)(2)(b) of section 4117.02 of the Revised Code, as	116352
amended by this act, to the extent determined necessary by the	116353
Chairperson of the State Employment Relations Board, the State	116354
Personnel Board of Review shall utilize employees of the State	116355
Employment Relations Board in the exercise of the powers and the	116356
performance of the duties of the State Personnel Board of Review.	116357

(B) Effective July 1, 2009, and pursuant to section 124.03 of	116358
the Revised Code, the State Personnel Board of Review shall	116359
exercise its duties and exist as a separate entity within the	116360
State Employment Relations Board. The costs of the State	116361
Personnel Board of Review shall be supported by the foregoing	116362
appropriation item 125321, Operating Expenses.	116363

On July 1, 2009, or as soon as possible thereafter, the	116364
Director of Budget and Management shall transfer the cash balance	116365
of the Transcript and Other Documents Fund (Fund 6360) used by the	116366
State Personnel Board of Review to the Training, Publications,	116367
and Grants Fund (Fund 5720) used by the State Employment	116368
Relations Board. Upon completion of the transfer, Fund 6360 is	116369
abolished. The Director shall cancel any existing encumbrances	116370
against appropriation item 124601, Records and Reporting Support,	116371
and re-establish them against appropriation item 125603, Training	116372
and Publications. The re-established encumbrance amounts are	116373
hereby appropriated.	116374

Any business commenced but not completed under Fund 6360 by	116375
July 1, 2009, shall be completed under Fund 5720 in the same	116376
manner, and with the same effect, as if completed with regard to	116377
Fund 6360. No validation, cure, right, privilege, remedy,	116378
obligation, or liability is lost or impaired by reason of the	116379
transfer and shall be administered with regard to Fund 5720.	116380

On and after July 1, 2009, where the Transcript and Other	116381
Documents Fund is referred to in any statute, rule, contract,	116382
grant, or other document, the reference is hereby deemed to refer	116383
to the Training, Publications, and Grants Fund.	116384

Section 275.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

116385

General Services Fund Group	116386

4K90	892609	Operating Expenses	$	1,058,881	$	1,058,881	116387
TOTAL GSF General Services							116388
Fund Group			$	1,058,881	$	1,058,881	116389
TOTAL ALL BUDGET FUND GROUPS			$	1,058,881	$	1,058,881	116390

Section 277.10. EPA ENVIRONMENTAL PROTECTION AGENCY

116392

General Services Fund Group	116393

1990	715602	Laboratory Services	$	935,907	$	983,929	116394
2190	715604	Central Support Indirect	$	16,625,314	$	17,282,762	116395
4A10	715640	Operating Expenses	$	3,731,000	$	3,731,000	116396
TOTAL GSF General Services							116397
Fund Group			$	21,292,221	$	21,997,691	116398

Federal Special Revenue Fund Group	116399

3530	715612	Public Water Supply	$	2,933,812	$	2,941,282	116400
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	116401
3570	715619	Air Pollution Control - Federal	$	6,282,777	$	6,310,203	116402
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	116403
3BU0	715684	Water Quality Protection	$	7,435,000	$	6,489,000	116404
3C50	715688	Federal NRD Settlements	$	100,000	$	100,000	116405
3F20	715630	Revolving Loan Fund - Operating	$	1,129,696	$	907,543	116406
3F30	715632	Federally Supported Cleanup and Response	$	2,159,486	$	2,159,551	116407
3F50	715641	Nonpoint Source Pollution Management	$	6,880,000	$	6,095,000	116408
3K40	715634	DOD Monitoring and Oversight	$	729,130	$	732,280	116409
3N40	715657	DOE Monitoring and Oversight	$	878,578	$	884,050	116410
3T30	715669	Drinking Water State Revolving Fund	$	2,238,848	$	2,273,323	116411
3V70	715606	Agencywide Grants	$	500,000	$	500,000	116412
TOTAL FED Federal Special Revenue							116413
Fund Group			$	35,572,201	$	33,697,106	116414

State Special Revenue Fund Group	116415

4J00	715638	Underground Injection Control	$	448,579	$	456,714	116416
4K20	715648	Clean Air - Non Title V	$	3,456,261	$	3,587,176	116417
4K30	715649	Solid Waste	$	15,819,897	$	16,317,606	116418
4K40	715650	Surface Water Protection	$	7,965,000	$	8,915,000	116419
4K40	715686	Environmental Lab Service	$	2,132,000	$	2,132,000	116420
4K50	715651	Drinking Water Protection	$	7,487,198	$	7,699,007	116421
4P50	715654	Cozart Landfill	$	100,000	$	100,000	116422
4R50	715656	Scrap Tire Management	$	5,125,000	$	5,125,000	116423
4R90	715658	Voluntary Action Program	$	1,032,098	$	1,032,098	116424
4T30	715659	Clean Air - Title V Permit Program	$	17,673,097	$	18,073,104	116425
4U70	715660	Construction and Demolition Debris	$	888,970	$	885,554	116426
5000	715608	Immediate Removal Special Account	$	643,903	$	643,903	116427
5030	715621	Hazardous Waste Facility Management	$	11,215,448	$	11,318,132	116428
5050	715623	Hazardous Waste Cleanup	$	13,927,338	$	14,139,930	116429
5050	715674	Clean Ohio Environmental Review	$	109,725	$	109,725	116430
5410	715670	Site Specific Cleanup	$	34,650	$	34,650	116431
5420	715671	Risk Management Reporting	$	146,188	$	146,188	116432
5920	715627	Anti Tampering Settlement	$	6,707	$	6,707	116433
5BC0	715617	Clean Ohio	$	741,000	$	741,000	116434
5BC0	715622	Local Air Pollution Control	$	1,827,000	$	2,035,000	116435
5BC0	715624	Surface Water	$	13,034,000	$	13,198,000	116436
5BC0	715667	Groundwater	$	1,594,000	$	1,594,000	116437
5BC0	715672	Air Pollution Control	$	7,269,000	$	7,607,000	116438
5BC0	715673	Drinking Water	$	3,838,000	$	3,838,000	116439
5BC0	715675	Hazardous Waste	$	116,000	$	116,000	116440
5BC0	715676	Assistance and Prevention	$	775,000	$	775,000	116441
5BC0	715677	Laboratory	$	1,454,000	$	1,454,000	116442
5BC0	715678	Corrective Actions	$	1,180,000	$	1,180,000	116443
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	116444
5BC0	715690	Environmental Review Appeals	$	637,000	$	637,000	116445
5BT0	715679	C&DD Groundwater Monitoring	$	200,000	$	203,800	116446
5BY0	715681	Auto Emissions Test	$	14,385,892	$	14,803,470	116447
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	116448
5H40	715664	Groundwater Support	$	1,872,193	$	1,884,247	116449
5N20	715613	Dredge and Fill	$	45,000	$	45,000	116450
5Y30	715685	Surface Water Improvement	$	2,000,000	$	500,000	116451
6440	715631	ER Radiological Safety	$	286,114	$	286,114	116452
6600	715629	Infectious Waste Management	$	100,000	$	100,000	116453
6760	715642	Water Pollution Control Loan Administration	$	4,610,529	$	4,832,682	116454
6780	715635	Air Toxic Release	$	174,600	$	179,746	116455
6790	715636	Emergency Planning	$	2,623,395	$	2,628,647	116456
6960	715643	Air Pollution Control Administration	$	750,000	$	750,000	116457
6990	715644	Water Pollution Control Administration	$	750,000	$	750,000	116458
6A10	715645	Environmental Education	$	1,500,000	$	1,500,000	116459
TOTAL SSR State Special Revenue Fund Group			$	151,024,782	$	153,411,200	116460

Clean Ohio Conservation Fund Group	116461

5S10	715607	Clean Ohio - Operating	$	291,174	$	291,174	116462
TOTAL CLF Clean Ohio Conservation Fund Group			$	291,174	$	291,174	116463
TOTAL ALL BUDGET FUND GROUPS			$	208,180,378	$	209,397,171	116464

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

116465

On July 1 of each fiscal year, or as soon as possible	116466
thereafter, the Director of Budget and Management shall transfer	116467
$14,385,892 in fiscal year 2010, and $14,803,470 in fiscal year	116468
2011 in cash from the General Revenue Fund to the Auto Emissions	116469
Test Fund (Fund 5BY0) for the operation and oversight of the auto	116470
emissions testing program.	116471

Effective September 30, 2009, or as soon as possible	116472
thereafter, the Director of Budget and Management shall transfer	116473
the cash balance in the Motor Vehicle Inspection and Maintenance	116474
Fund (Fund 6020) to Fund 5BY0. Fund 6020 is abolished in division	116475
(D) of section 3704.14 of the Revised Code as amended by this act.	116476

AREAWIDE PLANNING AGENCIES

116477

The Director of Environmental Protection Agency shall award	116478
grants from appropriation item 715687, Areawide Planning Agencies,	116479
to areawide planning agencies engaged in areawide water quality	116480
management and planning activities in accordance with Section 208	116481
of the "Federal Clean Water Act," 33 U.S.C. 1288.	116482

ENVIRONMENTAL REVIEW AND APPEALS

116483

The foregoing appropriation item 715690, Environmental Review	116484
Appeals, shall be used to support the Environmental Review Appeals	116485
Commission, including the hiring of two staff attorneys.	116486

CORRECTIVE CASH TRANSFER FOR COPPERWELD BANKRUPTCY SETTLEMENT

116487

On July 1, 2009, or as soon as possible thereafter, the	116488
Director of Budget and Management shall transfer $1,323,933.19 in	116489
cash, which the Agency received from the Copperweld bankruptcy	116490
settlement, that was mistakenly deposited in the Hazardous Waste	116491
Cleanup Fund (Fund 5050) to the Environmental Protection	116492
Remediation Fund (Fund 5410).	116493

Section 281.10. ETC ETECH OHIO

116494

General Revenue Fund	116495

GRF	935401	Statehouse News Bureau	$	219,960	$	219,960	116496
GRF	935402	Ohio Government Telecommunications Services	$	716,417	$	716,417	116497
GRF	935408	General Operations	$	2,150,917	$	2,164,444	116498
GRF	935409	Technology Operations	$	6,494,504	$	6,502,446	116499
GRF	935410	Content Development, Acquisition, and Distribution	$	4,137,306	$	4,138,244	116500
GRF	935411	Technology Integration and Professional Development	$	7,063,226	$	7,077,487	116501
GRF	935412	Information Technology	$	1,387,062	$	1,350,394	116502
GRF	935427	Distance Learning Pilot Project	$	2,000,000	$	0	116503
TOTAL GRF General Revenue Fund			$	24,169,392	$	22,169,392	116504

General Services Fund Group	116505

4F30	935603	Affiliate Services	$	450,000	$	50,000	116506
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	116507
TOTAL GSF General Services Fund Group			$	475,000	$	75,000	116508

Federal Special Revenue Fund Group	116509

3S30	935606	Enhancing Education Technology	$	163,000	$	163,000	116510
3X80	935604	IDEA	$	18,892	$	0	116511
TOTAL FED Federal Special Revenue Fund Group			$	181,892	$	163,000	116512

State Special Revenue Fund Group	116513

4W90	935630	Telecommunity	$	25,000	$	25,000	116514
4X10	935634	Distance Learning	$	23,734	$	24,150	116515
5D40	935640	Conference/Special Purposes	$	1,471,396	$	1,473,527	116516
5FK0	935608	Media Services	$	300,000	$	300,000	116517
5GP0	935609	Interactive Distance Learning Program	$	4,500,000	$	4,500,000	116518
5T30	935607	Gates Foundation Grants	$	200,000	$	200,000	116519
TOTAL SSR State Special Revenue Fund Group			$	6,520,130	$	6,522,677	116520
TOTAL ALL BUDGET FUND GROUPS			$	31,346,414	$	28,930,069	116521

Section 281.20. STATEHOUSE NEWS BUREAU

116523

The foregoing appropriation item 935401, Statehouse News	116524
Bureau, shall be used solely to support the operations of the Ohio	116525
Statehouse News Bureau.	116526

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

116527

The foregoing appropriation item 935402, Ohio Government	116528
Telecommunications Services, shall be used solely to support the	116529
operations of Ohio Government Telecommunications Services which	116530
include providing multimedia support to the state government and	116531
its affiliated organizations and broadcasting the activities of	116532
the legislative, judicial, and executive branches of state	116533
government, among its other functions.	116534

TECHNOLOGY OPERATIONS

116535

Of the foregoing appropriation item 935409, Technology	116536
Operations, $3,000,000 in each fiscal year shall be used by eTech	116537
Ohio, in fiscal year 2010, to contract with an entity to provide	116538
the common statewide platform and online advanced placement	116539
courses to up to 5,000 public school students in Ohio and, in	116540
fiscal year 2011, to maintain the clearinghouse established under	116541
section 3333.82 of the Revised Code for online advanced placement	116542
courses. School districts that have students participating in the	116543
program shall not be charged a fee in fiscal year 2010, but may	116544
be charged a fee in fiscal year 2011 through the clearinghouse.	116545
Students participating in the program shall receive services free	116546
of charge.	116547

The remainder of appropriation item 935409, Technology	116548
Operations, shall be used by eTech Ohio to pay expenses of eTech	116549
Ohio's network infrastructure, which includes the television and	116550
radio transmission infrastructure and infrastructure that shall	116551
link all public K-12 classrooms to each other and to the Internet,	116552
and provide access to voice, video, other communication services,	116553
and data educational resources for students and teachers.	116554

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

116555

The foregoing appropriation 935410, Content Development,	116556
Acquisition, and Distribution, shall be used for the development,	116557
acquisition, and distribution of information resources by public	116558
media and radio reading services and for educational use in the	116559
classroom and online.	116560

Of the foregoing appropriation item 935410, Content	116561
Development, Acquisition, and Distribution, up to $1,104,605 in	116562
fiscal year 2010 and up to $1,104,905 in fiscal year 2011 shall be	116563
allocated equally among the 12 Ohio educational television	116564
stations and used with the advice and approval of eTech Ohio.	116565
Funds shall be used for the production of interactive	116566
instructional programming series with priority given to resources	116567
aligned with state academic content standards in consultation	116568
with the Ohio Department of Education and for teleconferences to	116569
support eTech Ohio. The programming shall be targeted to the	116570
needs of the poorest two hundred school districts as determined	116571
by the district's adjusted valuation per pupil as defined in	116572
former section 3317.0213 of the Revised Code as that section	116573
existed prior to June 30, 2005.	116574

Of the foregoing appropriation item 935410, Content	116575
Development, Acquisition, and Distribution, up to $2,695,736 in	116576
fiscal year 2010 and up to $2,696,336 in fiscal year 2011 shall be	116577
distributed by eTech Ohio to Ohio's qualified public educational	116578
television stations and educational radio stations to support	116579
their operations. The funds shall be distributed pursuant to an	116580
allocation formula used by the Ohio Educational	116581
Telecommunications Network Commission unless a substitute formula	116582
is developed by eTech Ohio in consultation with Ohio's qualified	116583
public educational television stations and educational radio	116584
stations.	116585

Of the foregoing appropriation 935410, Content Development,	116586
Acquisition, and Distribution, up to $336,965 in fiscal year 2010	116587
and up to $337,003 in fiscal year 2011 shall be distributed by	116588
eTech Ohio to Ohio's qualified radio reading services to support	116589
their operations. The funds shall be distributed pursuant to an	116590
allocation formula used by the Ohio Educational Telecommunications	116591
Network Commission unless a substitute formula is developed by	116592
eTech Ohio in consultation with Ohio's qualified radio reading	116593
services.	116594

Section 281.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL	116595
DEVELOPMENT	116596

The foregoing appropriation item 935411, Technology	116597
Integration and Professional Development, shall be used by eTech	116598
Ohio for the provision of staff development, hardware, software,	116599
telecommunications services, and information resources to support	116600
educational uses of technology in the classroom and at a distance	116601
and for professional development for teachers, administrators, and	116602
technology staff on the use of educational technology in	116603
qualifying public schools, including the State School for the	116604
Blind, the State School for the Deaf, and the Department of Youth	116605
Services.	116606

Of the foregoing appropriation item 935411, Technology	116607
Integration and Professional Development, up to $2,675,641 in	116608
fiscal year 2010 and up to $2,675,966 in fiscal year 2011, shall	116609
be used by eTech Ohio to contract with educational television to	116610
provide Ohio public schools with instructional resources and	116611
services with priority given to resources and services aligned	116612
with state academic content standards and such resources and	116613
services shall be based upon the advice and approval of eTech	116614
Ohio, based on a formula used by the Ohio SchoolNet Commission	116615
unless and until a substitute formula is developed by eTech Ohio	116616
in consultation with Ohio's educational technology agencies and	116617
noncommercial educational television stations.	116618

Section 281.35. DISTANCE LEARNING PILOT PROJECT

116619

The foregoing appropriation item 935427 shall be used by	116620
eTech Ohio to create a distance learning pilot project and to	116621
contract for the development and offering of interactive distance	116622
learning courses pursuant to section 3353.20 of the Revised Code.	116623
Any funds remaining after these purposes are completed may be	116624
used by eTech Ohio to provide funds to assist schools to which	116625
Section 281.36 of this act does not apply for purchasing video	116626
conferencing telecommunications equipment and to upgrade	116627
Internet service pursuant to divisions (A)(3) to (5) of section	116628
3353.20 of the Revised Code.	116629

Notwithstanding anything to the contrary in section 3353.20	116630
of the Revised Code, no school or school district to which	116631
Section 281.36 of this act does not apply shall be entitled to	116632
the items specified in divisions (A)(3) to (5) of section	116633
3353.20 of the Revised Code.	116634

Section 281.36. INTERACTIVE DISTANCE LEARNING PROGRAM

116635

(A) As used in this section, "Title I school" means a school	116636
that receives federal funds for services to disadvantaged students	116637
under Title 20 of the United States Code, Part A, Subchapter I,	116638
Chapter 70 (20 U.S.C. 6301 et seq.).	116639

(B) This section applies only to Title I schools.

116640

(C) Notwithstanding anything in section 3353.20 of the	116641
Revised Code to the contrary, the foregoing appropriation item	116642
935609, Interactive Distance Learning Program, shall be used by	116643
eTech Ohio to provide grants on a competitive basis to Title I	116644
schools for their participation in the interactive distance	116645
learning pilot project established under that section in the	116646
manner prescribed by this section.	116647

(1) The Commission shall issue a request for proposals for	116648
awards to be issued before or during the 2009-2010 academic year.	116649

(2) The Commission shall limit the number of grants so that	116650
each grant recipient receives an amount that is sufficient to	116651
ensure full participation in the program. The Commission shall	116652
endeavor to award grants in a manner that ensures diversity among	116653
grant recipients according to geographical regions, economic	116654
scale, and school district size.	116655

(3) In awarding grants under this section, the Commission	116656
shall give priority to the following:	116657

(a) School districts for which advanced placement or foreign	116658
language course offerings make up less than one per cent of the	116659
district's total course offerings;	116660

(b) Schools and school districts that without additional	116661
assistance lack the necessary connectivity to offer interactive	116662
distance learning courses;	116663

(c) Schools and school districts that demonstrate commitment	116664
to appropriately supporting distance learning offerings, as	116665
determined satisfactory by the Commission, including but not	116666
limited to:	116667

(i) Enrolling a minimum number of students to participate in	116668
the distance learning classes;	116669

(ii) Committing the necessary personnel to facilitate and	116670
assist students with distance learning classes;	116671

(iii) Committing the necessary personnel capable of operating	116672
distance learning equipment.	116673

(d) Schools and school districts that without additional	116674
assistance lack the necessary equipment to offer interactive	116675
distance learning courses;	116676

(e) School districts that demonstrate that the course	116677
offerings will take place during the regular school day.	116678

(D) In implementing this section, the Commission shall do all	116679
of the following:	116680

(1) Solicit all Title I schools to participate in the	116681
program;	116682

(2) Require twenty-five per cent of any grant award to be	116683
used for professional development. This professional development	116684
shall include at least one component of training in the classroom.	116685
It also shall include any training conducted by the Commission	116686
that the Commission deems necessary to participate in the program.	116687

(3) Contract for the development and offering of interactive	116688
distance learning courses. The Commission shall withhold an equal	116689
proportion of each grantee's award to pay for any cost associated	116690
with the development and offering of the courses offered by the	116691
program.	116692

(4) Require each Title I school submitting proposals to	116693
specify the amount, if any, needed to purchase video conferencing	116694
telecommunications equipment and connectivity devices and the cost	116695
of upgrading the school.	116696

(5) Require each Title I school submitting proposals to	116697
specify the amount needed to upgrade its Internet service, if the	116698
school currently has a connection slower than 1.544 Mbits per	116699
second;	116700

(6) Assist schools in arranging for the purchase and	116701
installation of telecommunications equipment and connectivity	116702
devices;	116703

(7) Retain five per cent of the appropriated funds to	116704
administer and oversee the operation of the program.	116705

(E) In the development of, administration of, oversight of,	116706
and award of funds for the program, the Commission shall not be	116707
obligated for more than the amount appropriated in this Section	116708
and Section 281.37 of this act.	116709

Section 281.37. TRANSFER OF CASH FROM THE TECHNOLOGY	116710
LITERACY TRANSFER FUND (FUND 3S20)	116711

On July 1 of each fiscal year, or as soon as possible	116712
thereafter, the Director of Budget and Management shall transfer	116713
$4,500,000 cash from the Technology Literacy Transfer Fund (Fund	116714
3S20) used by the Department of Education to the Interactive	116715
Distance Learning Program Fund (Fund 5GP0), which is hereby	116716
created, used by eTech Ohio, to provide grants under Section	116717
281.36 of this act.	116718

Section 281.40. TELECOMMUNITY

116719

The foregoing appropriation item 935630, Telecommunity,	116720
shall be distributed by eTech Ohio on a grant basis to eligible	116721
school districts to establish "distance learning" through	116722
interactive video technologies in the school district. Per	116723
agreements with eight Ohio local telephone companies, ALLTEL Ohio,	116724
CENTURY Telephone of Ohio, Chillicothe Telephone Company,	116725
Cincinnati Bell Telephone Company, Orwell Telephone Company,	116726
Sprint North Central Telephone, VERIZON, and Western Reserve	116727
Telephone Company, school districts are eligible for funds if they	116728
are within one of the listed telephone company service areas.	116729
Funds to administer the program shall be expended by eTech Ohio up	116730
to the amount specified in the agreements with the listed	116731
telephone companies.	116732

Within thirty days after the effective date of this section,	116733
the Director of Budget and Management shall transfer to Fund 4W90	116734
in the State Special Revenue Fund Group any investment earnings	116735
from moneys paid by any telephone company as part of any	116736
settlement agreement between the listed companies and the Public	116737
Utilities Commission in fiscal years 1996 and beyond.	116738

DISTANCE LEARNING

116739

The foregoing appropriation item 935634, Distance Learning,	116740
shall be distributed by eTech Ohio on a grant basis to eligible	116741
school districts to establish "distance learning" in the school	116742
district. Per an agreement with Ameritech, school districts are	116743
eligible for funds if they are within an Ameritech service area.	116744
Funds to administer the program shall be expended by eTech Ohio up	116745
to the amount specified in the agreement with Ameritech.	116746

Within thirty days after the effective date of this section,	116747
the Director of Budget and Management shall transfer to Fund 4X10	116748
in the State Special Revenue Fund Group any investment earnings	116749
from moneys paid by any telephone company as part of a settlement	116750
agreement between the company and the Public Utilities Commission	116751
in fiscal year 1995.	116752

GATES FOUNDATION GRANTS

116753

The foregoing appropriation item 935607, Gates Foundation	116754
Grants, shall be used by eTech Ohio to provide professional	116755
development to school district principals, superintendents, and	116756
other administrative staff on the use of education technology.	116757

Section 283.10. ETH OHIO ETHICS COMMISSION

116758

General Revenue Fund	116759

GRF	146321		Operating Expenses		$	1,682,020		$	1,682,120		116760
TOTAL GRF General Revenue Fund					$	1,682,020		$	1,682,120		116761

General Services Fund Group	116762

4M60	146601	Operating Expenses	$	544,543	$	588,943	116763
TOTAL GSF General Services							116764
Fund Group			$	544,543	$	588,943	116765
TOTAL ALL BUDGET FUND GROUPS			$	2,226,563	$	2,271,063	116766

Section 285.10. EXP OHIO EXPOSITIONS COMMISSION

116768

General Revenue Fund	116769

GRF	723403		Junior Fair Subsidy		$	360,000		$	360,000		116770
TOTAL GRF General Revenue Fund					$	360,000		$	360,000		116771

State Special Revenue Fund Group	116772

4N20	723602	Ohio State Fair Harness Racing	$	520,000	$	520,000	116773
5060	723601	Operating Expenses	$	13,505,000	$	13,505,000	116774
TOTAL SSR State Special Revenue							116775
Fund Group			$	14,025,000	$	14,025,000	116776
TOTAL ALL BUDGET FUND GROUPS			$	14,385,000	$	14,385,000	116777

STATE FAIR RESERVE

116778

The General Manager of the Expositions Commission may submit	116779
a request to the Director of Budget and Management to use	116780
available amounts in the State Fair Reserve Fund (Fund 6400) if	116781
the following conditions apply:	116782

(A) Admissions receipts for the 2009 or 2010 Ohio State Fair	116783
are less than $1,982,000 because of inclement weather or	116784
extraordinary circumstances;	116785

(B) The Ohio Expositions Commission declares a state of	116786
fiscal exigency; and	116787

(C) The request contains a plan describing how the	116788
Expositions Commission will eliminate the cash shortage causing	116789
the request.	116790

The amount approved by the Director of Budget and Management	116791
is hereby appropriated.	116792

Section 287.10. GOV OFFICE OF THE GOVERNOR

116793

General Revenue Fund	116794

GRF	040321	Operating Expenses	$	2,971,945	$	2,971,945	116795
GRF	040403	Federal Relations	$	201,201	$	201,201	116796
TOTAL GRF General Revenue Fund			$	3,173,146	$	3,173,146	116797

General Services Fund Group	116798

5AK0	040607		Federal Relations		$	365,149		$	365,149		116799
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		116800

TOTAL ALL BUDGET FUND GROUPS

3,538,295

116801

FEDERAL RELATIONS

116802

A portion of the foregoing appropriation items 040403,	116803
Federal Relations, and 040607, Federal Relations, may be used to	116804
support Ohio's membership in national or regional associations.	116805

The Office of the Governor may charge any state agency of the	116806
executive branch using an intrastate transfer voucher such amounts	116807
necessary to defray the costs incurred for the conduct of federal	116808
relations associated with issues that can be attributed to the	116809
agency. Amounts collected shall be deposited in the Federal	116810
Relations Fund (Fund 5AK0).	116811

Section 289.10. DOH DEPARTMENT OF HEALTH

116812

General Revenue Fund	116813

GRF	440407	Animal Borne Disease and Prevention	$	600,000	$	642,291	116814
GRF	440412	Cancer Incidence Surveillance System	$	874,234	$	874,234	116815
GRF	440413	Local Health Department Support	$	3,301,921	$	3,301,921	116816
GRF	440416	Mothers and Children Safety Net Services	$	7,690,449	$	7,690,449	116817
GRF	440418	Immunizations	$	7,739,432	$	7,839,432	116818
GRF	440431	Free Clinics Safety Net Services	$	624,751	$	624,751	116819
GRF	440437	Healthy Ohio	$	2,569,998	$	2,569,998	116820
GRF	440438	Breast and Cervical Cancer Screening	$	2,500,000	$	2,500,000	116821
GRF	440444	AIDS Prevention and Treatment	$	6,442,314	$	6,442,314	116822
GRF	440446	Infectious Disease Protection and Surveillance	$	1,415,883	$	1,415,883	116823
GRF	440451	Public Health Laboratory	$	3,099,138	$	3,099,138	116824
GRF	440452	Child and Family Health Services Match	$	921,615	$	921,615	116825
GRF	440453	Health Care Quality Assurance	$	10,402,795	$	10,402,795	116826
GRF	440454	Local Environmental Health	$	1,155,219	$	1,155,219	116827
GRF	440459	Help Me Grow	$	36,500,000	$	36,500,000	116828
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	116829
GRF	440467	Access to Dental Care	$	772,120	$	772,120	116830
GRF	440468	Chronic Disease and Injury Prevention	$	792,363	$	792,363	116831
GRF	440469	Health - Federal Stimulus	$	2,680,035	$	2,463,903	116832
GRF	440505	Medically Handicapped Children	$	8,762,451	$	8,762,451	116833
GRF	440507	Targeted Health Care Services Over 21	$	1,493,449	$	1,493,449	116834
GRF	440511	Uncompensated Care/Emergency Medical Assistance	$	589,738	$	663,579	116835
GRF	440514	Katz Cord Blood Foundation	$	100,000	$	100,000	116836
GRF	4405XX	Poison Control Centers	$	150,000	$	150,000	116837
TOTAL GRF General Revenue Fund			$	103,864,593	$	103,864,593	116838

State Highway Safety Fund Group	116839

4T40	440603	Child Highway Safety	$	233,894	$	233,894	116840
TOTAL HSF State Highway Safety			$		$		116841
Fund Group			$	233,894	$	233,894	116842

General Services Fund Group	116843

1420	440646	Agency Health Services	$	9,876,043	$	10,334,250	116844
2110	440613	Central Support Indirect Costs	$	31,411,719	$	31,902,600	116845
4730	440622	Lab Operating Expenses	$	5,323,860	$	5,396,471	116846
6830	440633	Employee Assistance Program	$	1,330,947	$	1,353,323	116847
6980	440634	Nurse Aide Training	$	170,000	$	170,000	116848
TOTAL GSF General Services							116849
Fund Group			$	48,112,569	$	49,156,644	116850

Federal Special Revenue Fund Group	116851

3200	440601	Maternal Child Health Block Grant	$	29,056,772	$	29,068,886	116852
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	116853
3890	440604	Women, Infants, and Children	$	298,672,689	$	308,672,689	116854
3910	440606	Medicaid/Medicare	$	25,891,157	$	26,826,242	116855
3920	440618	Federal Public Health Programs	$	136,778,215	$	136,778,215	116856
TOTAL FED Federal Special Revenue							116857
Fund Group			$	498,225,492	$	509,172,691	116858

State Special Revenue Fund Group	116859

4700	440647	Fee Supported Programs	$	25,905,140	$	25,905,140	116860
4710	440619	Certificate of Need	$	989,000	$	1,021,753	116861
4770	440627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	116862
4D60	440608	Genetics Services	$	3,317,000	$	3,317,000	116863
4F90	440610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	116864
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	116865
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	116866
4L30	440609	Miscellaneous Expenses	$	746,468	$	746,468	116867
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	116868
4V60	440641	Save Our Sight	$	2,938,649	$	3,115,938	116869
5B50	440616	Quality, Monitoring, and Inspection	$	1,005,699	$	1,015,053	116870
5C00	440615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	116871
5CJ0	440654	Sewage Treatment System Innovation	$	250,000	$	250,000	116872
5CN0	440645	Choose Life	$	75,000	$	75,000	116873
5D60	440620	Second Chance Trust	$	1,054,951	$	1,054,951	116874
5ED0	440651	Smoke Free Indoor Air	$	189,500	$	190,452	116875
5G40	440639	Adoption Services	$	20,000	$	20,000	116876
5L10	440623	Nursing Facility Technical Assistance Program	$	698,595	$	698,595	116877
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	116878
6100	440626	Radiation Emergency Response	$	887,445	$	920,372	116879
6660	440607	Medically Handicapped Children - County Assessments	$	17,320,687	$	17,320,687	116880
TOTAL SSR State Special Revenue							116881
Fund Group			$	62,208,769	$	62,462,044	116882

Holding Account Redistribution Fund Group	116883

R014	440631	Vital Statistics	$	70,000	$	70,000	116884
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	116885
TOTAL 090 Holding Account							116886
Redistribution Fund Group			$	90,000	$	90,000	116887

Tobacco Master Settlement Agreement Fund Group	116888

5BX0	440656	Tobacco Use Prevention	$	6,000,000	$	6,000,000	116889
TOTAL TSF Tobacco Master Settlement							116890
Agreement Fund Group			$	6,000,000	$	6,000,000	116891
TOTAL ALL BUDGET FUND GROUPS			$	718,735,317	$	730,979,866	116892

Section 289.20. HEALTHY OHIO

116894

Of the foregoing appropriation item 440437, Healthy Ohio,	116895
$250,000 in each fiscal year, shall be allocated to the Activate	116896
Ohio - Diabetes Education, Support, and Self-Management Program.	116897

MOTHERS AND CHILDREN SAFETY NET SERVICES

116898

Of the foregoing appropriation item 440416, Mothers and	116899
Children Safety Net Services, the following amounts shall be	116900
allocated in each fiscal year: $15,000 to the Jewish Family	116901
Services in Dayton, of which $5,000 shall be used for children's	116902
health and nutrition programs; $10,000 to the Jewish Community	116903
Center in Akron, of which $5,000 shall be used for children's	116904
health and nutrition programs; $10,000 to the Jewish Community	116905
Services in Sylvania, of which $5,000 shall be used for children's	116906
health and nutrition programs; $7,500 to the Jewish Community	116907
Center in Youngstown, of which $5,000 shall be used for children's	116908
health and nutrition programs; $4,500 to the Jewish Community	116909
Center in Canton, of which $2,000 shall be used for children's	116910
health and nutrition programs; $16,667 to the Yassenoff Jewish	116911
Community Center for children's health and nutrition camp	116912
programs; $16,666 to the Jewish Community Center in Cleveland for	116913
children's health and nutrition camp programs; $15,000 to the	116914
Jewish Family Services in Cleveland for interpreters for	116915
healthcare; $16,667 to the Jewish Community Center in Cincinnati	116916
for children's health and nutrition camp programs; $15,000 to the	116917
Jewish Family Services in Cincinnati for interpreters for	116918
healthcare; $15,000 to the Jewish Family Services in Columbus for	116919
interpreters for healthcare; and $10,000 to the Wexner Heritage	116920
Village for interpreters for healthcare.	116921

HIV/AIDS PREVENTION/TREATMENT

116922

The foregoing appropriation item 440444, AIDS Prevention and	116923
Treatment, shall be used to assist persons with HIV/AIDS in	116924
acquiring HIV-related medications and to administer educational	116925
prevention initiatives.	116926

INFECTIOUS DISEASE PREVENTION

116927

The foregoing appropriation item 440446, Infectious Disease	116928
Protection and Surveillance, shall be used for coordination and	116929
management of prevention program operations and the purchase of	116930
drugs for sexually transmitted diseases.	116931

HELP ME GROW

116932

The foregoing appropriation item 440459, Help Me Grow, shall	116933
be used by the Department of Health to distribute subsidies to	116934
counties to implement the Help Me Grow Program. Appropriation item	116935
440459, Help Me Grow, may be used in conjunction with Early	116936
Intervention funding from the Department of Mental Retardation	116937
and Developmental Disabilities, and in conjunction with other	116938
early childhood funds and services to promote the optimal	116939
development of young children. The Department of Health shall	116940
enter into an interagency agreement with the Department of	116941
Education, Department of Mental Retardation and Developmental	116942
Disabilities, Department of Job and Family Services, and	116943
Department of Mental Health to ensure that all early childhood	116944
programs and initiatives are coordinated and school linked.	116945

The foregoing appropriation item 440459, Help Me Grow, shall	116946
also be used for the Autism Diagnosis Education Pilot Program.	116947

Of the foregoing appropriation item 440459, Help Me Grow,	116948
$300,000 in each fiscal year shall be allocated to The Ohio State	116949
University College of Dentistry's Dental Bus Program.	116950

DEPARTMENT OF HEALTH - FEDERAL STIMULUS

116951

Upon the request of the Director of Health, the Director of	116952
Budget and Management may transfer appropriation from	116953
appropriation item 440469, Health – Federal Stimulus, to the	116954
following appropriation items: $300,000 in fiscal year 2010 and	116955
$257,709 in fiscal year 2011 to appropriation item 440407, Animal	116956
Borne Disease and Prevention; $50,000 in each fiscal year to	116957
appropriation item 440412, Cancer Incidence Surveillance System;	116958
$106,194 in each fiscal year to appropriation item 440413, Local	116959
Health Department Support; $800,000 in fiscal year 2010 and	116960
$700,000 in fiscal year 2011 to appropriation item 440418,	116961
Immunizations; $200,000 in each fiscal year to appropriation item	116962
440431, Free Clinics Safety Net Services; $200,000 in each fiscal	116963
year to appropriation item 440446, Infectious Disease Protection	116964
and Surveillance; $100,000 in each fiscal year to appropriation	116965
item 440454, Local Environmental Health; $50,000 in each fiscal	116966
year to appropriation item 440465, Federally Qualified Health	116967
Centers; $100,000 in each fiscal year to appropriation item	116968
440468, Chronic Disease and Injury Prevention; and $773,841 in	116969
fiscal year 2010 and $700,000 in fiscal year 2011 to appropriation	116970
item 440511, Uncompensated Care/Emergency Medical Assistance.	116971

TARGETED HEALTH CARE SERVICES OVER 21

116972

The foregoing appropriation item 440507, Targeted Health	116973
Care Services Over 21, shall be used to administer the Cystic	116974
Fibrosis Program and to implement the Hemophilia Insurance	116975
Premium Payment Program.	116976

The foregoing appropriation item 440507, Targeted Health	116977
Care Services Over 21, shall also be used to provide essential	116978
medications and to pay the copayments for drugs approved by the	116979
Department of Health and covered by Medicare Part D that are	116980
dispensed to Bureau for Children with Medical Handicaps (BCMH)	116981
participants for the Cystic Fibrosis Program.	116982

These funds also may be used, to the extent that funding is	116983
available, to provide up to 18 in-patient hospital days for	116984
participants in the Cystic Fibrosis Program.	116985

The Department shall expend all of these funds.

116986

GENETICS SERVICES

116987

The foregoing appropriation item 440608, Genetics Services	116988
(Fund 4D60), shall be used by the Department of Health to	116989
administer programs authorized by sections 3701.501 and 3701.502	116990
of the Revised Code. None of these funds shall be used to counsel	116991
or refer for abortion, except in the case of a medical emergency.	116992

MEDICALLY HANDICAPPED CHILDREN AUDIT

116993

The Medically Handicapped Children Audit Fund (Fund 4770)	116994
shall receive revenue from audits of hospitals and recoveries from	116995
third-party payers. Moneys may be expended for payment of audit	116996
settlements and for costs directly related to obtaining recoveries	116997
from third-party payers and for encouraging Medically Handicapped	116998
Children's Program recipients to apply for third-party benefits.	116999
Moneys also may be expended for payments for diagnostic and	117000
treatment services on behalf of medically handicapped children, as	117001
defined in division (A) of section 3701.022 of the Revised Code,	117002
and Ohio residents who are twenty-one or more years of age and who	117003
are suffering from cystic fibrosis or hemophilia. Moneys may also	117004
be expended for administrative expenses incurred in operating the	117005
Medically Handicapped Children's Program.	117006

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	117007
PERMIT FUND	117008

The Director of Budget and Management, pursuant to a plan	117009
submitted by the Department of Health, or as otherwise determined	117010
by the Director of Budget and Management, shall set a schedule to	117011
transfer cash from the Liquor Control Fund (Fund 7043) to the	117012
Alcohol Testing and Permit Fund (Fund 5C00) to meet the operating	117013
needs of the Alcohol Testing and Permit Program.	117014

The Director of Budget and Management may transfer to the	117015
Alcohol Testing and Permit Fund (Fund 5C00) from the Liquor	117016
Control Fund (Fund 7043) created in section 4301.12 of the Revised	117017
Code such amounts at such times as determined by the transfer	117018
schedule.	117019

DENTIST LOAN REPAYMENT ADVISORY BOARD

117020

As specified in the amendments made by this act to section	117021
3702.92 of the Revised Code, the Governor, Speaker of the House of	117022
Representatives, and President of the Senate shall each appoint	117023
one additional member to the Dentist Loan Repayment Advisory	117024
Board. The appointments shall be made not later than sixty days	117025
after the effective date of section 3702.92 of the Revised Code.	117026
The terms of office of the additional members shall end on	117027
January 27, 2011, except that a legislative member ceases to be a	117028
member of the Board on ceasing to be a member of the General	117029
Assembly. Vacancies occurring prior to January 27, 2011, shall be	117030
filled in the manner prescribed for original appointments under	117031
this section.	117032

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

117033

The foregoing appropriation item 440607, Medically	117034
Handicapped Children - County Assessments (Fund 6660), shall be	117035
used to make payments under division (E) of section 3701.023 of	117036
the Revised Code.	117037

CASH TRANSFER FROM THE SEWAGE INNOVATION FUND TO FEE	117038
SUPPORTED PROGRAMS FUND	117039

On July 1, 2009, or as soon as possible thereafter, the	117040
Director of Health shall certify to the Director of Budget and	117041
Management the amount of cash to be transferred from the Sewage	117042
Innovation Fund (Fund 5CJ0) to the Fee Supported Program Fund	117043
(Fund 4700) to meet the needs of the Sewage Program. The Director	117044
of Budget and Management may transfer the amount certified. The	117045
amount certified is hereby appropriated.	117046

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

117047

On July 1, 2009, or as soon as possible thereafter, the	117048
Director of Budget and Management may transfer, cash from the	117049
Resident Protection Fund (Fund 4E30), which is used by the Ohio	117050
Department of Job and Family Services, to the Nursing Facility	117051
Technical Assistance Program Fund (Fund 5L10), which is used by	117052
the Ohio Department of Health, to be used under section 3721.026	117053
of the Revised Code. The transfers shall equal $698,595 in each	117054
fiscal year.	117055

Section 289.30. URBAN DISEASE COMMISSION

117056

(A) There is hereby established in the Department of Health	117057
the Urban Disease Commission. The Commission shall be composed of	117058
individuals selected by the Director of Health who are both of the	117059
following:	117060

(1) Representatives of boards of health of city health	117061
districts or general health districts, or the authorities having	117062
the duties of a board of health under section 3709.05 of the	117063
Revised Code;	117064

(2) Located in an urban area in which the Director of Health	117065
determines there is a high prevalence of one of the following:	117066

(a) Colorectal cancer;

117067

(b) Prostate cancer;

117068

117069

(B) The Director or the Director's designee shall serve as	117070
the chairperson of the Commission and shall establish the meeting	117071
time and locations for the Commission.	117072

(C) The Commission shall study colorectal cancer, prostate	117073
cancer, and sickle cell anemia in urban areas of the state in	117074
which the Director determines such conditions are prevalent. Not	117075
later than June 30, 2011, the Commission shall submit a report to	117076
the Governor, Speaker and Minority Leader of the House of	117077
Representatives, and President and Minority Leader of the Senate	117078
describing its findings on the prevalence of colorectal cancer,	117079
prostate cancer, and sickle cell anemia in the urban areas	117080
included in the study. The report shall include policy	117081
recommendations to combat the prevalence of these conditions in	117082
such areas.	117083

(D) The Commission shall cease to exist on submission of the	117084
report under division (C) of this section.	117085

Section 289.40. FUNDING FOR IMMUNIZATIONS

117086

To the extent permitted under state and federal law, the	117087
Department of Health shall use state general revenue funds and	117088
federal funds appropriated for the purchase of vaccinations to	117089
provide immunizations to children and adults in Ohio.	117090

Section 291.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

117091

Agency Fund Group	117092

4610	372601	Operating Expenses	$	40,000	$	40,000	117093
TOTAL AGY Agency Fund Group			$	40,000	$	40,000	117094
TOTAL ALL BUDGET FUND GROUPS			$	40,000	$	40,000	117095

Section 293.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

117097

General Revenue Fund	117098

GRF	148100	Personal Services	$	328,353	$	328,353	117099
GRF	148200	Maintenance	$	50,000	$	50,000	117100
GRF	148402	Community Projects	$	129,264	$	129,264	117101
TOTAL GRF General Revenue Fund			$	507,617	$	507,617	117102

General Services Fund Group	117103

6010	148602	Gifts and Miscellaneous	$	10,000	$	10,000	117104
TOTAL GSF General Services							117105
Fund Group			$	10,000	$	10,000	117106
TOTAL ALL BUDGET FUND GROUPS			$	517,617	$	517,617	117107

Section 295.10. OHS OHIO HISTORICAL SOCIETY

117109

General Revenue Fund	117110

GRF	360501	Education and Collections	$	3,291,754	$	3,291,754	117111
GRF	360502	Site and Museum Operations	$	6,165,927	$	6,165,927	117112
GRF	360504	Ohio Preservation Office	$	326,066	$	326,066	117113
GRF	360505	National Afro-American Museum	$	592,568	$	592,568	117114
GRF	360506	Hayes Presidential Center	$	401,490	$	401,490	117115
GRF	360508	State Historical Grants	$	700,600	$	700,600	117116
GRF	360509	Outreach and Partnership	$	703,638	$	703,638	117117
TOTAL GRF General Revenue Fund			$	12,182,043	$	12,182,043	117118
TOTAL ALL BUDGET FUND GROUPS			$	12,182,043	$	12,182,043	117119

SUBSIDY APPROPRIATION

117120

Upon approval by the Director of Budget and Management, the	117121
foregoing appropriation items shall be released to the Ohio	117122
Historical Society in quarterly amounts that in total do not	117123
exceed the annual appropriations. The funds and fiscal records of	117124
the society for fiscal year 2010 and fiscal year 2011 shall be	117125
examined by independent certified public accountants approved by	117126
the Auditor of State, and a copy of the audited financial	117127
statements shall be filed with the Office of Budget and	117128
Management. The society shall prepare and submit to the Office of	117129
Budget and Management the following:	117130

(A) An estimated operating budget for each fiscal year of the	117131
biennium. The operating budget shall be submitted at or near the	117132
beginning of each calendar year.	117133

(B) Financial reports, indicating actual receipts and	117134
expenditures for the fiscal year to date. These reports shall be	117135
filed at least semiannually during the fiscal biennium.	117136

The foregoing appropriations shall be considered to be the	117137
contractual consideration provided by the state to support the	117138
state's offer to contract with the Ohio Historical Society under	117139
section 149.30 of the Revised Code.	117140

STATE ARCHIVES

117141

Of the foregoing appropriation item 360501, Education and	117142
Collections, $910,459 in each fiscal year shall be used for the	117143
State Archives, Library, and Artifact Collections Program.	117144

HAYES PRESIDENTIAL CENTER

117145

If a United States government agency, including, but not	117146
limited to, the National Park Service, chooses to take over the	117147
operations or maintenance of the Hayes Presidential Center, in	117148
whole or in part, the Ohio Historical Society shall make	117149
arrangements with the National Park Service or other United States	117150
government agency for the efficient transfer of operations or	117151
maintenance.	117152

Section 295.20. STATE HISTORICAL GRANTS

117153

Of the foregoing appropriation item 360508, State Historical	117154
Grants, $100,000 in each fiscal year shall be used for the	117155
Cincinnati Museum Center.	117156

Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES

117157

General Revenue Fund	117158

GRF	025321		Operating Expenses		$	18,517,093		$	18,517,093		117159
TOTAL GRF General Revenue Fund					$	18,517,093		$	18,517,093		117160

General Services Fund Group	117161

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	117162
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	117163
TOTAL GSF General Services							117164
Fund Group			$	1,471,513	$	1,471,513	117165
TOTAL ALL BUDGET FUND GROUPS			$	19,988,606	$	19,988,606	117166

OPERATING EXPENSES

117167

On July 1, 2009, or as soon as possible thereafter, the Clerk	117168
of the House of Representatives may certify to the Director of	117169
Budget and Management the amount of the unexpended, unencumbered	117170
balance of the foregoing appropriation item 025321, Operating	117171
Expenses, at the end of fiscal year 2009 to be reappropriated to	117172
fiscal year 2010. The amount certified is hereby reappropriated to	117173
the same appropriation item for fiscal year 2010.	117174

On July 1, 2010, or as soon as possible thereafter, the Clerk	117175
of the House of Representatives may certify to the Director of	117176
Budget and Management the amount of the unexpended, unencumbered	117177
balance of the foregoing appropriation item 025321, Operating	117178
Expenses, at the end of fiscal year 2010 to be reappropriated to	117179
fiscal year 2011. The amount certified is hereby reappropriated to	117180
the same appropriation item for fiscal year 2011.	117181

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

117182

Agency Fund Group	117183

5AZ0	997601	Housing Finance Agency Personal Services	$	10,186,713	$	10,386,426	117184
TOTAL AGY Agency Fund Group			$	10,186,713	$	10,386,426	117185
TOTAL ALL BUDGET FUND GROUPS			$	10,186,713	$	10,386,426	117186

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

117188

General Revenue Fund	117189

GRF	965321		Operating Expenses		$	1,164,218		$	1,164,218		117190
TOTAL GRF General Revenue Fund					$	1,164,218		$	1,164,218		117191

General Services Fund Group	117192

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	117193
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	117194
TOTAL GSF General Services Fund Group			$	825,000	$	825,000	117195
TOTAL ALL BUDGET FUND GROUPS			$	1,989,218	$	1,989,218	117196

Section 307.10. INS DEPARTMENT OF INSURANCE

117198

General Revenue Fund	117199

GRF	820607		State Coverage Initiative		$	10,000,000		$	10,000,000		117200
TOTAL GRF General Revenue Fund					$	10,000,000		$	10,000,000		117201

Federal Special Revenue Fund Group	117202

3CX0	820608	State Coverage Initiative - Federal	$	50,000,000	$	100,000,000	117203
3U50	820602	OSHIIP Operating Grant	$	1,770,000	$	1,790,000	117204
TOTAL FED Federal Special							117205
Revenue Fund Group			$	51,770,000	$	101,790,000	117206

State Special Revenue Fund Group	117207

5540	820601	Operating Expenses - OSHIIP	$	200,000	$	200,000	117208
5540	820606	Operating Expenses	$	23,105,028	$	23,108,297	117209
5540	820609	State Coverage Initiative Administration	$	479,575	$	479,575	117210
5550	820605	Examination	$	9,275,768	$	9,294,668	117211
TOTAL SSR State Special Revenue							117212
Fund Group			$	33,060,371	$	33,082,540	117213
TOTAL ALL BUDGET FUND GROUPS			$	94,830,371	$	144,872,540	117214

STATE COVERAGE INITIATIVE

117215

Of the foregoing appropriation item 820607, State Coverage	117216
Initiative, up to $7,000,000 in each fiscal year shall be used to	117217
support health information technology strategies. The remainder of	117218
the appropriation shall be used to support the implementation of	117219
strategies recommended by the Health Care Coverage and Quality	117220
Council established in section 3923.90 of the Revised Code. In	117221
addition to health information technology, strategies may include	117222
implementation of patient-centered medical homes, improved	117223
consumer information, and payment reform. Up to $3,000,000 in each	117224
fiscal year may be used by the Superintendent of Insurance to	117225
transfer cash from the General Revenue Fund to another fund in the	117226
state treasury. The transfer shall be made using an intrastate	117227
transfer voucher.	117228

An amount equal to the unexpended, unencumbered portion of	117229
the foregoing appropriation item 820607, State Coverage	117230
Initiative, at the end of fiscal year 2010 is hereby	117231
reappropriated for the same purpose for fiscal year 2011.	117232

MARKET CONDUCT EXAMINATION

117233

When conducting a market conduct examination of any insurer	117234
doing business in this state, the Superintendent of Insurance may	117235
assess the costs of the examination against the insurer. The	117236
superintendent may enter into consent agreements to impose	117237
administrative assessments or fines for conduct discovered that	117238
may be violations of statutes or rules administered by the	117239
superintendent. All costs, assessments, or fines collected shall	117240
be deposited to the credit of the Department of Insurance	117241
Operating Fund (Fund 5540).	117242

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

117243

The Director of Budget and Management, at the request of the	117244
Superintendent of Insurance, may transfer funds from the	117245
Department of Insurance Operating Fund (Fund 5540), established by	117246
section 3901.021 of the Revised Code, to the Superintendent's	117247
Examination Fund (Fund 5550), established by section 3901.071 of	117248
the Revised Code, only for expenses incurred in examining domestic	117249
fraternal benefit societies as required by section 3921.28 of the	117250
Revised Code.	117251

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

117252

Not later than the thirty-first day of July each fiscal year,	117253
the Director of Budget and Management shall transfer $5,000,000	117254
from the Department of Insurance Operating Fund (Fund 5540) to the	117255
General Revenue Fund.	117256

HEALTH INSURANCE COVERAGE OF AUTISM SPECTRUM DISORDERS

117257

Of the foregoing appropriation item 820606, Operating	117258
Expenses, up to $20,000 in fiscal year 2010 shall be used by the	117259
Department of Insurance to conduct a study on insurance rates if	117260
health insurers are required to provide coverage for specified	117261
services for individuals diagnosed with an autism spectrum	117262
disorder. Not later than January 31, 2010, the study shall be	117263
completed and copies of the study shall be provided to the	117264
Governor, the Speaker of the House of the Representatives, the	117265
President of the Senate, and the minority leaders in the House of	117266
Representatives and the Senate, the Director of Budget and	117267
Management, the Superintendent of Insurance, and the Director of	117268
Job and Family Services.	117269

On July 1, 2009, or as soon as possible thereafter, the	117270
Director of Budget and Management shall transfer $20,000 cash from	117271
the General Revenue Fund to the Department of Insurance Operating	117272
Fund (Fund 5540).	117273

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

117274

General Revenue Fund	117275

GRF	600321	Support Services					117276
		State	$	52,432,042	$	52,817,104	117277
		Federal	$	9,252,713	$	9,320,665	117278
		Support Services Total	$	61,684,755	$	62,137,769	117279
GRF	600410	TANF State	$	190,932,468	$	203,183,335	117280
GRF	600413	Child Care Match/Maintenance of Effort	$	88,415,688	$	93,105,300	117281
GRF	600416	Computer Projects					117282
		State	$	92,734,743	$	93,242,343	117283
		Federal	$	10,303,860	$	10,360,260	117284
		Computer Projects Total	$	103,038,603	$	103,602,603	117285
GRF	600417	Medicaid Provider Audits	$	1,484,001	$	1,497,886	117286
GRF	600420	Child Support Administration	$	9,169,234	$	9,231,310	117287
GRF	600421	Office of Family Stability	$	4,653,955	$	4,720,001	117288
GRF	600423	Office of Children and Families	$	6,494,545	$	6,580,782	117289
GRF	600425	Office of Ohio Health Plans					117290
		State	$	14,688,390	$	11,452,327	117291
		Federal	$	15,287,916	$	11,919,769	117292
		Office of Ohio Health Plans Total	$	29,976,306	$	23,372,096	117293
GRF	600502	Administration - Local	$	23,582,308	$	23,150,288	117294
GRF	600511	Disability Financial Assistance	$	36,037,712	$	38,684,457	117295
GRF	600521	Entitlement Administration - Local	$	107,026,181	$	100,893,286	117296
GRF	600523	Children and Families Services	$	75,709,378	$	75,709,378	117297
GRF	600525	Health Care/Medicaid					117298
		State	$	2,493,379,157	$	3,539,256,149	117299
		Federal	$	6,372,697,855	$	7,407,374,830	117300
		Health Care Total	$	8,866,077,012	$	10,946,630,979	117301
GRF	600526	Medicare Part D	$	271,746,617	$	287,194,790	117302
GRF	600528	Adoption Services					117303
		State	$	38,722,700	$	41,060,302	117304
		Federal	$	49,792,948	$	47,455,346	117305
		Adoption Services Total	$	88,515,648	$	88,515,648	117306
GRF	600533	Child, Family, and Adult Community & Protective Services	$	50,000,000	$	50,000,000	117307
GRF	600534	Adult Protective Services	$	522,040	$	511,453	117308
GRF	600535	Early Care and Education	$	173,000,000	$	173,000,000	117309
GRF	600537	Children's Hospital	$	6,000,000	$	6,000,000	117310
GRF	600540	Second Harvest Food Banks	$	3,500,000	$	3,500,000	117311
GRF	600541	Kinship Permanency Incentive Program	$	5,000,000	$	5,000,000	117312
GRF	600661	Child Care - Federal Stimulus	$	8,915,224	$	13,459,664	117313
TOTAL GRF General Revenue Fund							117314
		State	$	3,754,146,383	$	4,833,250,155	117315
		Federal	$	6,457,335,292	$	7,486,430,870	117316
		GRF Total	$	10,211,481,675	$	12,319,681,025	117317

General Services Fund Group	117318

4A80	600658	Child Support Collections	$	26,000,000	$	26,000,000	117319
4R40	600665	BCII Services/Fees	$	36,974	$	36,974	117320
5BG0	600653	Managed Care Assessment	$	168,914,857	$	0	117321
5C90	600671	Medicaid Program Support	$	69,876,838	$	68,313,238	117322
5DL0	600639	Medicaid Revenue and Collections	$	99,916,750	$	63,600,000	117323
5DM0	600633	Administration & Operating	$	19,853,583	$	19,928,733	117324
5FX0	600638	Medicaid Payment Withholding	$	26,000,000	$	26,000,000	117325
5N10	600677	County Technologies	$	1,000,000	$	1,000,000	117326
5P50	600692	Health Care Services	$	84,052,802	$	226,469,478	117327
6130	600645	Training Activities	$	110,000	$	110,000	117328
TOTAL GSF General Services							117329
Fund Group			$	495,761,804	$	431,458,423	117330

Federal Special Revenue Fund Group	117331

3270	600606	Child Welfare	$	33,972,321	$	33,984,200	117332
3310	600686	Federal Operating	$	60,672,731	$	56,569,912	117333
3840	600610	Food Assistance and State Administration	$	159,109,776	$	159,109,427	117334
3850	600614	Refugee Services	$	10,497,024	$	11,265,511	117335
3950	600616	Special Activities/Child and Family Services	$	3,113,200	$	2,813,200	117336
3960	600620	Social Services Block Grant	$	120,000,000	$	120,000,000	117337
3970	600626	Child Support	$	305,830,981	$	305,832,341	117338
3980	600627	Adoption Maintenance/ Administration	$	355,345,646	$	352,184,668	117339
3A20	600641	Emergency Food Distribution	$	9,953,222	$	4,970,000	117340
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	117341
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	117342
3F00	600623	Health Care Federal	$	3,208,537,567	$	2,429,425,188	117343
3F00	600650	Hospital Care Assurance Match	$	362,092,785	$	367,826,196	117344
3G50	600655	Interagency Reimbursement	$	1,703,777,044	$	1,666,905,912	117345
3H70	600617	Child Care Federal	$	241,862,780	$	241,862,779	117346
3N00	600628	IV-E Foster Care Maintenance	$	169,324,768	$	161,644,455	117347
3S50	600622	Child Support Projects	$	534,050	$	534,050	117348
3V00	600688	Workforce Investment Act	$	326,923,124	$	327,145,616	117349
3V40	600678	Federal Unemployment Programs	$	167,478,790	$	136,982,528	117350
3V40	600679	Unemployment Compensation Review Commission - Federal	$	3,487,473	$	3,487,473	117351
3V60	600689	TANF Block Grant	$	755,528,435	$	760,614,433	117352
TOTAL FED Federal Special Revenue							117353
Fund Group			$	8,000,626,381	$	7,145,742,553	117354

State Special Revenue Fund Group	117355

1980	600647	Children's Trust Fund	$	5,881,011	$	5,881,011	117356
4A90	600607	Unemployment Compensation Administration Fund	$	27,134,851	$	37,772,416	117357
4A90	600694	Unemployment Compensation Review Commission	$	2,357,197	$	2,431,133	117358
4E30	600605	Nursing Home Assessments	$	4,759,914	$	4,759,914	117359
4E70	600604	Child and Family Services Collections	$	300,000	$	300,000	117360
4F10	600609	Foundation Grants/Child & Family Services	$	250,000	$	250,000	117361
4J50	600613	Nursing Facility Bed Assessments	$	36,713,984	$	36,713,984	117362
4J50	600618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	117363
4K10	600621	ICF/MR Bed Assessments	$	28,261,826	$	29,482,434	117364
4R30	600687	Banking Fees	$	700,000	$	700,000	117365
4Z10	600625	HealthCare Compliance	$	10,000,000	$	10,000,000	117366
5AJ0	600631	Money Follows the Person	$	6,286,485	$	6,195,163	117367
5DB0	600637	Military Injury Grants	$	2,000,000	$	2,000,000	117368
5DP0	600634	Adoption Assistance Loan	$	500,000		500,000	117369
5ES0	600630	Food Assistance	$	500,000	$	500,000	117370
5F20	600667	Building Consolidation	$	250,000	$	250,000	117371
5F30	600668	Building Consolidation	$	1,000,000	$	1,000,000	117372
5GC0	600640	GOFBCI/Family Stability	$	70,000	$	70,000	117373
5GF0	600656	Medicaid - Hospital	$	338,505,284	$	370,861,816	117374
5Q90	600619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	117375
5R20	600608	Medicaid-Nursing Facilities	$	329,947,751	$	341,125,000	117376
5S30	600629	MR/DD Medicaid Administration and Oversight	$	2,070,707	$	5,493,954	117377
5U30	600654	Health Care Services Administration	$	12,017,389	$	14,393,903	117378
5U60	600663	Children and Family Support	$	4,719,470	$	4,719,470	117379
6510	600649	Hospital Care Assurance Program Fund	$	220,612,051	$	218,164,239	117380
TOTAL SSR State Special Revenue							117381
Fund Group			$	1,106,663,918	$	1,165,390,435	117382

Agency Fund Group	117383

1920	600646	Support Intercept - Federal	$	130,000,000	$	130,000,000	117384
5830	600642	Support Intercept - State	$	16,000,000	$	16,000,000	117385
5B60	600601	Food Assistance Intercept	$	2,000,000	$	2,000,000	117386
TOTAL AGY Agency Fund Group			$	148,000,000	$	148,000,000	117387

Holding Account Redistribution Fund Group	117388

R012	600643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	117389
R013	600644	Forgery Collections	$	10,000	$	10,000	117390
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	117391
TOTAL ALL BUDGET FUND GROUPS			$	19,966,143,778	$	21,213,882,436	117392

Section 309.20. SUPPORT SERVICES

117394

Section 309.20.10. AGENCY FUND GROUP

117395

The Agency Fund Group and Holding Account Redistribution Fund	117396
Group shall be used to hold revenues until the appropriate fund is	117397
determined or until the revenues are directed to the appropriate	117398
governmental agency other than the Department of Job and Family	117399
Services. If receipts credited to the Support Intercept – Federal	117400
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	117401
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	117402
Settlements Fund (Fund R012), or the Forgery Collections Fund	117403
(Fund R013) exceed the amounts appropriated from the fund, the	117404
Director of Job and Family Services may request the Director of	117405
Budget and Management to authorize expenditures from the fund in	117406
excess of the amounts appropriated. Upon the approval of the	117407
Director of Budget and Management, the additional amounts are	117408
hereby appropriated.	117409

Section 309.30. MEDICAID

117410

Section 309.30.10. HEALTH CARE/MEDICAID

117411

The foregoing appropriation item 600525, Health	117412
Care/Medicaid, shall not be limited by section 131.33 of the	117413
Revised Code.	117414

Section 309.30.12. MEDICAID COVERAGE OF OXYGEN SERVICES TO	117415
ICF/MR RESIDENTS	117416

Of the foregoing appropriation item 600525, Health	117417
Care/Medicaid, $30,000 in each fiscal year shall be used to	117418
reimburse medical suppliers of oxygen services in accordance with	117419
section 5111.236 of the Revised Code.	117420

Section 309.30.15. CHILDREN'S HOSPITALS

117421

(A) As used in this section:

117422

(1) "Children's hospital" means a hospital that primarily	117423
serves patients eighteen years of age and younger and is excluded	117424
from Medicare prospective payment in accordance with 42 C.F.R.	117425
412.23(d).	117426

(2) "Medicaid inpatient cost-to-charge ratio" means the	117427
historic Medicaid inpatient cost-to-charge ratio applicable to a	117428
hospital as described in rules adopted by the Director of Job and	117429
Family Services in paragraph (B)(2) of rule 5101:3-2-22 of the	117430
Administrative Code.	117431

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	117432
the Administrative Code and except as provided in division (C) of	117433
this section, the Director of Job and Family Services shall pay a	117434
children's hospital that meets the criteria in paragraphs (E)(1)	117435
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	117436
cost outlier claim made in fiscal years 2010 and 2011, an amount	117437
that is the product of the hospital's allowable charges and the	117438
hospital's Medicaid inpatient cost-to-charge ratio.	117439

(C) The Director of Job and Family Services shall cease	117440
paying a children's hospital for a cost outlier claim under the	117441
methodology in division (B) of this section and revert to paying	117442
the hospital for such a claim according to the methodology in	117443
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the	117444
Administrative Code, as applicable, when the difference between	117445
the total amount the Director has paid according to the	117446
methodology in division (B) of this section for such claims and	117447
the total amount the Director would have paid according to the	117448
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of	117449
the Administrative Code for such claims, as the applicable	117450
paragraph existed on June 30, 2009, exceeds the sum of the state	117451
funds and corresponding federal match earmarked in division (F)	117452
of this section.	117453

(D) The Director of Job and Family Services shall make	117454
supplemental Medicaid payments to hospitals for inpatient services	117455
under a program modeled after the program the Department of Job	117456
and Family Services was required to create for fiscal years 2006	117457
and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th	117458
General Assembly if the difference between the total amount the	117459
Director has paid according to the methodology in division (B) of	117460
this section for cost outlier claims and the total amount the	117461
Director would have paid according to the methodology in paragraph	117462
(A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code	117463
for such claims, as the applicable paragraph existed on June 30,	117464
2009, does not require the expenditure of all state and federal	117465
funds earmarked in division (F) of this section for the applicable	117466
fiscal year. The program may be the same as the program the	117467
Director used for making the payments to hospitals for fiscal	117468
years 2008 and 2009 under Section 309.30.13 of Am. Sub. H.B. 119	117469
of the 127th General Assembly.	117470

(E) The Director of Job and Family Services shall not adopt,	117471
amend, or rescind any rules that would result in decreasing the	117472
amount paid to children's hospitals under division (B) of this	117473
section for cost outlier claims.	117474

(F) Of the foregoing appropriation item, 600537, Children's	117475
Hospital, up to $6 million (state share) in each fiscal year plus	117476
the corresponding federal match, if available, shall be used by	117477
the Department to pay the amounts described in division (B) of	117478
this section.	117479

Section 309.30.20. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT	117480
SYSTEM FOR NURSING FACILITIES	117481

(A) As used in this section:

117482

"Franchise permit fee," "Medicaid days," "nursing facility,"	117483
and "provider" have the same meanings as in section 5111.20 of the	117484
Revised Code.	117485

"Nursing facility services" means nursing facility services	117486
covered by the Medicaid program that a nursing facility provides	117487
to a resident of the nursing facility who is a Medicaid recipient	117488
eligible for Medicaid-covered nursing facility services.	117489

(B) Except as otherwise provided by this section, the	117490
provider of a nursing facility that has a valid Medicaid provider	117491
agreement on June 30, 2009, and a valid Medicaid provider	117492
agreement during fiscal year 2010 shall be paid, for nursing	117493
facility services the nursing facility provides during fiscal year	117494
2010, the rate calculated for the nursing facility under sections	117495
5111.20 to 5111.33 of the Revised Code with the following	117496
adjustments:	117497

(1) The nursing facility's rate for capital costs shall be	117498
the greater of the following:	117499

(a) The sum calculated under division (B)(2) of section	117500
5111.25 of the Revised Code for the nursing facility;	117501

(b) The median rate for capital costs for the nursing	117502
facilities in the nursing facility's peer group as determined	117503
under division (D) of section 5111.25 of the Revised Code,	117504
adjusted as follows:	117505

(i) Increase the rate so determined by two per cent;

117506

(ii) Increase the rate determined under division (B)(1)(b)(i)	117507
of this section by two per cent;	117508

(iii) Increase the rate determined under division	117509
(B)(1)(b)(ii) of this section by one per cent.	117510

(2) The cost per case mix-unit calculated under section	117511
5111.231 of the Revised Code, the rate for ancillary and support	117512
costs calculated under section 5111.24 of the Revised Code, and	117513
the rate for tax costs calculated under section 5111.242 of the	117514
Revised Code shall each be adjusted as follows:	117515

(a) Increase the cost and rates so calculated by two per	117516
cent;	117517

(b) Increase the cost and rates determined under division	117518
(B)(2)(a) of this section by two per cent;	117519

(c) Increase the cost and rates determined under division	117520
(B)(2)(b) of this section by one per cent.	117521

(3) The mean payment used in the calculation of the quality	117522
incentive payment made under section 5111.244 of the Revised Code	117523
shall be, weighted by Medicaid days, three dollars and three cents	117524
per Medicaid day.	117525

(4) The rate, after the adjustments under divisions (B)(1),	117526
(2), and (3) of this section are made, shall be further increased	117527
by three dollars per Medicaid day.	117528

(C) If the rate determined for a nursing facility under	117529
division (B) of this section for nursing facility services	117530
provided during fiscal year 2010 is more than the rate the	117531
provider is paid for nursing facility services the nursing	117532
facility provides on June 30, 2009, the Department of Job and	117533
Family Services shall reduce the nursing facility's fiscal year	117534
2010 rate by one-half of the difference between the rate	117535
determined for the nursing facility under division (B) of this	117536
section and the nursing facility's rate for June 30, 2009. If the	117537
rate determined for a nursing facility under division (B) of this	117538
section for nursing facility services provided during fiscal year	117539
2010 is less than the rate the provider is paid for nursing	117540
facility services the nursing facility provides on June 30, 2009,	117541
the Department shall increase the nursing facility's fiscal year	117542
2010 rate by five-sixths of the difference between the rate	117543
determined for the nursing facility under division (B) of this	117544
section and the nursing facility's rate for June 30, 2009.	117545

(D) After the adjustments under divisions (B) and (C) of this	117546
section are made to a nursing facility's fiscal year 2010 rate,	117547
the Department of Job and Family Services shall increase the	117548
nursing facility's fiscal year 2010 rate by five dollars per	117549
Medicaid day if the nursing facility has more than two hundred	117550
fifty beds certified for the Medicaid program.	117551

(E) If the United States Centers for Medicare and Medicaid	117552
Services requires that the franchise permit fee be reduced or	117553
eliminated, the Department of Job and Family Services shall reduce	117554
the amount it pays providers of nursing facility services under	117555
this section as necessary to reflect the loss to the state of the	117556
revenue and federal financial participation generated from the	117557
franchise permit fee.	117558

(F) The Department of Job and Family Services shall follow	117559
this section in determining the rate to be paid to the provider of	117560
a nursing facility that has a valid Medicaid provider agreement on	117561
June 30, 2009, and a valid Medicaid provider agreement during	117562
fiscal year 2010 notwithstanding anything to the contrary in	117563
sections 5111.20 to 5111.33 of the Revised Code.	117564

Section 309.30.30. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT	117565
SYSTEM FOR NURSING FACILITIES	117566

(A) As used in this section:

117567

"Franchise permit fee," "Medicaid days," "nursing facility,"	117568
and "provider" have the same meanings as in section 5111.20 of the	117569
Revised Code.	117570

"Nursing facility services" means nursing facility services	117571
covered by the Medicaid program that a nursing facility provides	117572
to a resident of the nursing facility who is a Medicaid recipient	117573
eligible for Medicaid-covered nursing facility services.	117574

(B) Except as otherwise provided by this section, the	117575
provider of a nursing facility that has a valid Medicaid provider	117576
agreement on June 30, 2010, and a valid Medicaid provider	117577
agreement during fiscal year 2011 shall be paid, for nursing	117578
facility services the nursing facility provides during fiscal year	117579
2011, the rate calculated for the nursing facility under sections	117580
5111.20 to 5111.33 of the Revised Code with the following	117581
adjustments:	117582

(1) The nursing facility's rate for capital costs shall be	117583
the greater of the following:	117584

(a) The sum calculated under division (B)(2) of section	117585
5111.25 of the Revised Code for the nursing facility;	117586

(b) The median rate for capital costs for the nursing	117587
facilities in the nursing facility's peer group as determined	117588
under division (D) of section 5111.25 of the Revised Code,	117589
adjusted as follows:	117590

(i) Increase the rate so determined by two per cent;

117591

(ii) Increase the rate determined under division (B)(1)(b)(i)	117592
of this section by two per cent;	117593

(iii) Increase the rate determined under division	117594
(B)(1)(b)(ii) of this section by one per cent.	117595

(2) The cost per case mix-unit calculated under section	117596
5111.231 of the Revised Code, the rate for ancillary and support	117597
costs calculated under section 5111.24 of the Revised Code, and	117598
the rate for tax costs calculated under section 5111.242 of the	117599
Revised Code shall each be adjusted as follows:	117600

(a) Increase the cost and rates so calculated by two per	117601
cent;	117602

(b) Increase the cost and rates determined under division	117603
(B)(2)(a) of this section by two per cent;	117604

(c) Increase the cost and rates determined under division	117605
(B)(2)(b) of this section by one per cent.	117606

(3) The mean payment used in the calculation of the quality	117607
incentive payment made under section 5111.244 of the Revised Code	117608
shall be, weighted by Medicaid days, three dollars and three cents	117609
per Medicaid day.	117610

(4) The rate, after the adjustments under divisions (B)(1),	117611
(2), and (3) of this section are made, shall be further increased	117612
by five dollars and thirty-five cents per Medicaid day.	117613

(C) If the rate determined for a nursing facility under	117614
division (B) of this section for nursing facility services	117615
provided during fiscal year 2011 is less than the rate the	117616
provider is paid for nursing facility services the nursing	117617
facility provides on June 30, 2009, the Department of Job and	117618
Family Services shall increase the nursing facility's fiscal year	117619
2011 rate by two-thirds of the difference between the rate	117620
determined for the nursing facility under division (B) of this	117621
section and the nursing facility's rate for June 30, 2009.	117622

(D) After the adjustments under divisions (B) and (C) of this	117623
section are made to a nursing facility's fiscal year 2011 rate,	117624
the Department of Job and Family Services shall increase the	117625
nursing facility's fiscal year 2011 rate by five dollars per	117626
Medicaid day if the nursing facility has more than two hundred	117627
fifty beds certified for the Medicaid program.	117628

(E) If the United States Centers for Medicare and Medicaid	117629
Services requires that the franchise permit fee be reduced or	117630
eliminated, the Department of Job and Family Services shall reduce	117631
the amount it pays providers of nursing facility services under	117632
this section as necessary to reflect the loss to the state of the	117633
revenue and federal financial participation generated from the	117634
franchise permit fee.	117635

(F) The Department of Job and Family Services shall follow	117636
this section in determining the rate to be paid to the provider of	117637
a nursing facility that has a valid Medicaid provider agreement on	117638
June 30, 2010, and a valid Medicaid provider agreement during	117639
fiscal year 2011 notwithstanding anything to the contrary in	117640
sections 5111.20 to 5111.33 of the Revised Code.	117641

Section 309.30.60. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT	117642
SYSTEM FOR ICFs/MR	117643

(A) As used in this section:

117644

"Change of operator," "entering operator," and "exiting	117645
operator" have the same meanings as in section 5111.65 of the	117646
Revised Code.	117647

"Franchise permit fee" and "provider" have the same meanings	117648
as in section 5111.20 of the Revised Code.	117649

"ICF/MR" means an intermediate care facility for the mentally	117650
retarded as defined in section 5111.20 of the Revised Code.	117651

"ICF/MR services" means services covered by the Medicaid	117652
program that an ICF/MR provides to a Medicaid recipient eligible	117653
for the services.	117654

"Medicaid days" means all days during which a resident who is	117655
a Medicaid recipient occupies a bed in an ICF/MR that is included	117656
in the ICF/MR's Medicaid-certified capacity. Therapeutic or	117657
hospital leave days for which payment is made under section	117658
5111.33 of the Revised Code are considered Medicaid days	117659
proportionate to the percentage of the ICF/MR's per resident per	117660
day rate paid for those days.	117661

"Per diem rate" means the per diem rate calculated pursuant	117662
to sections 5111.20 to 5111.33 of the Revised Code.	117663

(B) This section applies to providers of ICFs/MR to which	117664
either of the following applies:	117665

(1) The provider has a valid Medicaid provider agreement for	117666
the ICF/MR on June 30, 2009, and a valid Medicaid provider	117667
agreement for the ICF/MR during fiscal year 2010.	117668

(2) The ICF/MR undergoes a change of operator effective July	117669
1, 2009, the exiting operator has a valid Medicaid provider	117670
agreement for the ICF/MR on June 30, 2009, and the entering	117671
operator has a valid Medicaid provider agreement for the ICF/MR	117672
during fiscal year 2010.	117673

(C) Except as otherwise provided by this section, the	117674
provider of an ICF/MR to which this section applies shall be paid,	117675
for ICF/MR services the ICF/MR provides during fiscal year 2010,	117676
the rate calculated for the ICF/MR under sections 5111.20 to	117677
5111.33 of the Revised Code.	117678

(D) If the mean total per diem rate for all ICFs/MR in this	117679
state for fiscal year 2010, weighted by May 2009 Medicaid days and	117680
calculated as of July 1, 2009, exceeds $277.25, the Department	117681
shall reduce the total per diem rate for each ICF/MR to which	117682
this section applies by a percentage that is equal to the	117683
percentage by which the mean total per diem rate exceeds $277.25.	117684

(E) The rate of an ICF/MR set pursuant to this section shall	117685
not be subject to any adjustments authorized by sections 5111.20	117686
to 5111.33 of the Revised Code, or any rule authorized by those	117687
sections, during the remainder of fiscal year 2010.	117688

(F) If the United States Centers for Medicare and Medicaid	117689
Services requires that the franchise permit fee be reduced or	117690
eliminated, the Department of Job and Family Services shall reduce	117691
the amount it pays providers of ICF/MR services under this section	117692
as necessary to reflect the loss to the state of the revenue and	117693
federal financial participation generated from the franchise	117694
permit fee.	117695

(G) The Department of Job and Family Services shall follow	117696
this section in determining the rate to be paid providers of	117697
ICF/MR services subject to this section notwithstanding anything	117698
to the contrary in sections 5111.20 to 5111.33 of the Revised	117699
Code.	117700

(H) Not later than September 30, 2009, the Director of Job	117701
and Family Services shall submit an amendment to the state	117702
Medicaid plan to the United States Secretary of Health and Human	117703
Services as necessary to implement this section. On receipt of	117704
the United States Secretary's approval of the amendment to the	117705
state Medicaid plan, the Director shall implement this section	117706
retroactive to the later of the effective date of the state	117707
Medicaid plan amendment or July 1, 2009.	117708

Section 309.30.70. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT	117709
SYSTEM FOR ICFs/MR	117710

(A) As used in this section:

117711

"Change of operator," "entering operator," and "exiting	117712
operator" have the same meanings as in section 5111.65 of the	117713
Revised Code.	117714

"Franchise permit fee" and "provider" have the same meanings	117715
as in section 5111.20 of the Revised Code.	117716

"ICF/MR" means an intermediate care facility for the mentally	117717
retarded as defined in section 5111.20 of the Revised Code.	117718

"ICF/MR services" means services covered by the Medicaid	117719
program that an ICF/MR provides to a Medicaid recipient eligible	117720
for the services.	117721

"Medicaid days" means all days during which a resident who is	117722
a Medicaid recipient occupies a bed in an ICF/MR that is included	117723
in the ICF/MR's Medicaid-certified capacity. Therapeutic or	117724
hospital leave days for which payment is made under section	117725
5111.33 of the Revised Code are considered Medicaid days	117726
proportionate to the percentage of the ICF/MR's per resident per	117727
day rate paid for those days.	117728

"Per diem rate" means the per diem rate calculated pursuant	117729
to sections 5111.20 to 5111.33 of the Revised Code.	117730

(B) This section applies to providers of ICFs/MR to which	117731
either of the following applies:	117732

(1) The provider has a valid Medicaid provider agreement for	117733
the ICF/MR on June 30, 2010, and a valid Medicaid provider	117734
agreement for the ICF/MR during fiscal year 2011.	117735

(2) The ICF/MR undergoes a change of operator effective July	117736
1, 2010, the exiting operator has a valid Medicaid provider	117737
agreement for the ICF/MR on June 30, 2010, and the entering	117738
operator has a valid Medicaid provider agreement for the ICF/MR	117739
during fiscal year 2011.	117740

(C) Except as otherwise provided by this section, the	117741
provider of an ICF/MR to which this section applies shall be paid,	117742
for ICF/MR services the ICF/MR provides during fiscal year 2011,	117743
the rate calculated for the ICF/MR under sections 5111.20 to	117744
5111.33 of the Revised Code.	117745

(D) If the mean total per diem rate for all ICFs/MR in this	117746
state for fiscal year 2011, weighted by May 2010 Medicaid days and	117747
calculated as of July 1, 2010, exceeds $277.25, the Department	117748
shall reduce the total per diem rate for each ICF/MR to which	117749
this section applies by a percentage that is equal to the	117750
percentage by which the mean total per diem rate exceeds $277.25.	117751

(E) The rate of an ICF/MR set pursuant to this section shall	117752
not be subject to any adjustments authorized by sections 5111.20	117753
to 5111.33 of the Revised Code, or any rule authorized by those	117754
sections, during the remainder of fiscal year 2011.	117755

(F) If the United States Centers for Medicare and Medicaid	117756
Services requires that the franchise permit fee be reduced or	117757
eliminated, the Department of Job and Family Services shall reduce	117758
the amount it pays providers of ICF/MR services under this section	117759
as necessary to reflect the loss to the state of the revenue and	117760
federal financial participation generated from the franchise	117761
permit fee.	117762

(G) The Department of Job and Family Services shall follow	117763
this section in determining the rate to be paid providers of	117764
ICF/MR services subject to this section notwithstanding anything	117765
to the contrary in sections 5111.20 to 5111.33 of the Revised	117766
Code.	117767

(H) Not later than September 30, 2010, the Director of Job	117768
and Family Services shall submit an amendment to the state	117769
Medicaid plan to the United States Secretary of Health and Human	117770
Services as necessary to implement this section. On receipt of	117771
the United States Secretary's approval of the amendment to the	117772
state Medicaid plan, the Director shall implement this section	117773
retroactive to the later of the effective date of the state	117774
Medicaid plan amendment or July 1, 2010.	117775

Section 309.30.71. ICF/MR REIMBURSEMENT STUDY COUNCIL

117776

(A) There is hereby created the ICF/MR Reimbursement Study	117777
Council consisting of all of the following members:	117778

(1) The Director of Job and Family Services;

117779

(2) The Deputy Director of the Office of Ohio Health Plans of	117780
the Department of Job and Family Services;	117781

(3) The Director of Mental Retardation and Developmental	117782
Disabilities;	117783

(4) One representative of Medicaid recipients residing in	117784
intermediate care facilities for the mentally retarded, appointed	117785
by the Governor;	117786

(5) Two representatives of each of the following	117787
organizations, appointed by their respective governing bodies:	117788

(a) The Ohio Provider Resource Association;

117789

(b) The Ohio Health Care Association.

117790

Initial appointments of members described in divisions (A)(4)	117791
and (5) of this section shall be made not later than thirty days	117792
after the effective date of this section. Vacancies shall be	117793
filled in the same manner as the original appointments. Members	117794
described in those divisions shall serve at the pleasure of the	117795
official or governing body making the appointment of the member.	117796

The Director of Job and Family Services shall serve as	117797
chairperson of the council. Members of the council shall serve	117798
without compensation, except to the extent that serving on the	117799
council is part of their regular duties of employment.	117800

(B) The council shall review the system established by	117801
sections 5111.20 to 5111.33 of the Revised Code for reimbursing	117802
intermediate care facilities for the mentally retarded under the	117803
Medicaid program. Not later than July 1, 2010, the council shall	117804
issue a report of its activities, findings, and recommendations to	117805
the Governor, the Speaker of the House of Representatives, and the	117806
President of the Senate.	117807

(C) In its consideration of the system for reimbursing	117808
intermediate care facilities for the mentally retarded under	117809
division (B) of this section, the council shall use the following	117810
principles:	117811

(1) The system should appropriately account for differences	117812
in acuity and service needs among individuals in institutional	117813
care facilities for the mentally retarded.	117814

(2) The system should support and encourage quality services,	117815
including both of the following elements:	117816

(a) A high level of coverage of direct care costs;

117817

(b) Pay for performance mechanisms.

117818

(3) The system should reflect appropriate recognition that	117819
virtually all individuals served in intermediate care facilities	117820
for the mentally retarded are Medicaid recipients.	117821

(4) The system should encourage cost-effective service	117822
delivery.	117823

(5) The system should encourage innovation in service	117824
delivery.	117825

(6) The system should encourage appropriate maintenance,	117826
improvement, and replacement of facilities.	117827

(D) The council shall cease to exist on the submission of a	117828
report under division (B) of this section.	117829

Section 309.30.73. INCREASE IN MEDICAID RATES FOR HOSPITAL	117830
INPATIENT AND OUTPATIENT SERVICES	117831

The Director of Job and Family Services shall amend rules	117832
adopted under section 5111.02 of the Revised Code as necessary to	117833
increase, for the period beginning January 1, 2010, and ending	117834
June 30, 2011, the Medicaid reimbursement rates for	117835
Medicaid-covered hospital inpatient services and hospital	117836
outpatient services to rates that result in an amount that is five	117837
per cent higher than the amount resulting from the rates in effect	117838
on December 31, 2009.	117839

Section 309.30.75. INCREASE IN MEDICAID RATES FOR COMMUNITY	117840
BEHAVIORAL HEALTH SERVICES	117841

(A) As used in this section, "community behavioral health	117842
services" means both of the following:	117843

(1) Community mental health services certified by the	117844
Director of Mental Health under section 5119.611 of the Revised	117845
Code;	117846

(2) Services provided by an alcohol and drug addiction	117847
program certified by the Department of Alcohol and Drug Addiction	117848
Services under section 3793.06 of the Revised Code.	117849

(B) The Director of Job and Family Services shall amend rules	117850
adopted under section 5111.02 of the Revised Code as necessary to	117851
do the following:	117852

(1) Increase, for fiscal year 2010, the Medicaid	117853
reimbursement rate ceilings for Medicaid-covered community	117854
behavioral health services to rate ceilings that result in an	117855
amount that is one-half of one per cent higher than the amount	117856
resulting from the rate ceilings in effect on June 30, 2009;	117857

(2) Increase, for fiscal year 2011, the Medicaid	117858
reimbursement rate ceilings for Medicaid-covered community	117859
behavioral health services to rate ceilings that result in an	117860
amount that is one-half of one per cent higher than the amount	117861
resulting from the rate ceilings in effect on June 30, 2010.	117862

Section 309.30.80. RESIDENTIAL STATE SUPPLEMENT TRANSFER

117863

The Department of Aging may transfer cash from the foregoing	117864
appropriation item 490412, Residential State Supplement, and the	117865
PASSPORT/Residential State Supplement Fund (Fund 4J40), to the	117866
Home and Community-Based Services for the Aged Fund (Fund 4J50),	117867
used by the Department of Job and Family Services to make benefit	117868
payments to Residential State Supplement recipients. The transfer	117869
shall be made using an intrastate transfer voucher.	117870

Section 309.30.90. MONEY FOLLOWS THE PERSON

117871

The Director of Budget and Management may seek Controlling	117872
Board approval to do any of the following in support of any home	117873
and community-based services Medicaid waiver component:	117874

(A) Create new funds and appropriation items associated with	117875
a unified long-term care budget;	117876

(B) Transfer cash between funds used by affected agencies;

117877

(C) Transfer appropriation between appropriation items within	117878
a fund and used by the same state agency.	117879

Any transfers of cash approved by the Controlling Board under	117880
this section are hereby appropriated.	117881

Section 309.31.10. MONEY FOLLOWS THE PERSON ENHANCED	117882
REIMBURSEMENT FUND	117883

The Money Follows the Person Enhanced Reimbursement Fund is	117884
hereby created in the state treasury. This is a continuation of	117885
the fund created by Section 751.20 of Am. Sub. H.B. 562 of the	117886
127th General Assembly. The federal payments made to the state	117887
under subsection (e) of section 6071 of the "Deficit Reduction Act	117888
of 2005," Pub. L. No. 109-171, shall be deposited into the fund.	117889
The Department of Job and Family Services shall use money	117890
deposited into the fund for system reform activities related to	117891
the Money Follows the Person demonstration project.	117892

Section 309.31.20. MEDICARE PART D

117893

The foregoing appropriation item 600526, Medicare Part D,	117894
may be used by the Department of Job and Family Services for the	117895
implementation and operation of the Medicare Part D requirements	117896
contained in the "Medicare Prescription Drug, Improvement, and	117897
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	117898
the request of the Department of Job and Family Services, the	117899
Director of Budget and Management may transfer the state share of	117900
appropriations between appropriation item 600525, Health	117901
Care/Medicaid, or appropriation item 600526, Medicare Part D. If	117902
the state share of appropriation item 600525, Health	117903
Care/Medicaid, is adjusted, the Director of Budget and Management	117904
shall adjust the federal share accordingly.	117905

Section 309.31.30. OHIO ACCESS SUCCESS PROJECT AND	117906
IDENTIFICATION OF OVERPAYMENTS	117907

Notwithstanding any limitations in sections 3721.51 and	117908
3721.56 of the Revised Code, in each fiscal year, cash from the	117909
Home and Community-Based Services for the Aged Fund (Fund 4J50),	117910
in excess of the amounts needed for the transfers to the	117911
PASSPORT/Residential State Supplement Fund (Fund 4J40) used by	117912
the Department of Aging, may be used by the Department of Job	117913
and Family Services for the following purposes: (A) up to	117914
$3,000,000 in each fiscal year to fund the state share of audits	117915
or limited reviews of Medicaid providers; and (B) up to $450,000	117916
in each fiscal year to provide one-time transitional benefits	117917
under the Ohio Access Success Project that the Director of Job	117918
and Family Services may establish under section 5111.97 of the	117919
Revised Code.	117920

Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF	117921
AGING	117922

The Department of Job and Family Services shall transfer	117923
$33,263,984 cash in each fiscal year from the Home and	117924
Community-Based Services for the Aged Fund (Fund 4J50) to the	117925
PASSPORT/Residential State Supplement Fund (Fund 4J40), used by	117926
the Department of Aging. The transfer may occur on a quarterly	117927
basis or on a schedule developed and agreed to by both	117928
departments. The transfer shall be made using an intrastate	117929
transfer voucher.	117930

Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS

117931

(A) At least quarterly, the Director of Job and Family	117932
Services shall certify to the Director of Budget and Management	117933
both of the following:	117934

(1) The amount of offsets withheld under section 3721.541 of	117935
the Revised Code from payments made from the General Revenue Fund.	117936

(2) The amount of offsets withheld under section 5112.341 of	117937
the Revised Code from payments made from the General Revenue Fund.	117938

(B) The Director of Budget and Management may transfer cash	117939
from the General Revenue Fund to all of the following:	117940

(1) The Home and Community Based Services for the Aged Fund	117941
(Fund 4J50), or the Nursing Facility Stabilization Fund (Fund	117942
5R20), in accordance with sections 3721.56 and 3721.561 of the	117943
Revised Code;	117944

(2) The ICF/MR Bed Assessments Fund (Fund 4K10).

117945

(C) Amounts transferred pursuant to this section are hereby	117946
appropriated.	117947

Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	117948
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES	117949

The Department of Job and Family Services shall transfer	117950
$12,000,000 cash in each fiscal year from the ICF/MR Bed	117951
Assessments Fund (Fund 4K10) to the Home and Community-Based	117952
Services Fund (Fund 4K80), used by the Department of Mental	117953
Retardation and Developmental Disabilities. The transfer may occur	117954
on a quarterly basis or on a schedule developed and agreed to by	117955
both departments. The transfer shall be made using an intrastate	117956
transfer voucher.	117957

Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES

117958

Notwithstanding any limitations contained in sections 5112.31	117959
and 5112.37 of the Revised Code, in each fiscal year, cash from	117960
the ICF/MR Bed Assessments Fund (Fund 4K10) in excess of the	117961
amounts needed for transfers to the Home and Community-Based	117962
Services Fund (Fund 4K80), used by the Department of Mental	117963
Retardation and Developmental Disabilities, may be used by the	117964
Department of Job and Family Services to cover costs of care	117965
provided to participants in a waiver with an ICF/MR level of care	117966
requirement administered by the Department of Job and Family	117967
Services.	117968

Section 309.31.80. HOSPITAL CARE ASSURANCE MATCH

117969

The foregoing appropriation item 600650, Hospital Care	117970
Assurance Match, shall be used by the Department of Job and Family	117971
Services solely for distributing funds to hospitals under section	117972
5112.08 of the Revised Code.	117973

Section 309.31.90. HEALTH CARE SERVICES ADMINISTRATION FUND

117974

Of the amount received by the Department of Job and Family	117975
Services during fiscal year 2010 and fiscal year 2011 from the	117976
first installment of assessments paid under section 5112.06 of the	117977
Revised Code and intergovernmental transfers made under section	117978
5112.07 of the Revised Code, the Director of Job and Family	117979
Services shall deposit $350,000 in each fiscal year into the state	117980
treasury to the credit of the Health Care Services Administration	117981
Fund (Fund 5U30).	117982

Section 309.32.10. MEDICAID PROGRAM SUPPORT FUND - STATE

117983

The foregoing appropriation item 600671, Medicaid Program	117984
Support, shall be used by the Department of Job and Family	117985
Services to pay for Medicaid services and contracts. The	117986
Department may also deposit to Fund 5C90 revenues received from	117987
other state agencies for Medicaid services under the terms of	117988
interagency agreements between the Department and other state	117989
agencies, and all funds the Department recovers because the	117990
benefits a person received under the Disability Medical Assistance	117991
Program established in section 5115.10 of the Revised Code were	117992
determined to be covered by the Medicaid Program established under	117993
Chapter 5111. of the Revised Code.	117994

Section 309.32.20. TRANSFERS OF IMD/DSH CASH TO THE	117995
DEPARTMENT OF MENTAL HEALTH	117996

The Department of Job and Family Services shall transfer cash	117997
from the Medicaid Program Support Fund (Fund 5C90), to the	117998
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the	117999
Department of Mental Health, in accordance with an interagency	118000
agreement that delegates authority from the Department of Job and	118001
Family Services to the Department of Mental Health to administer	118002
specified Medicaid services. The transfer shall be made using an	118003
intrastate transfer voucher.	118004

Section 309.32.30. PRESCRIPTION DRUG REBATE FUND

118005

The foregoing appropriation item 600692, Health Care	118006
Services, shall be used by the Department of Job and Family	118007
Services to pay for Medicaid services and contracts.	118008

Section 309.32.40. FEDERAL MATCH FOR ADAMHS BOARDS'	118009
ADMINISTRATIVE COSTS	118010

As used in this section, "community behavioral health boards"	118011
means boards of alcohol, drug addiction, and mental health	118012
services, community mental health boards, and alcohol and drug	118013
addiction services boards.	118014

The Director of Job and Family Services shall seek federal	118015
approval to establish a system under which community behavioral	118016
health boards obtain federal financial participation for the	118017
allowable administrative activities the boards perform in the	118018
administration of the Medicaid program. The Director shall	118019
implement the system on receipt of federal approval. The Director	118020
shall work with the Directors of Alcohol and Drug Addiction	118021
Services and Mental Health and representatives of community	118022
behavioral health boards when implementing this section.	118023

Section 309.32.60. MEDICAID NONEMERGENCY MEDICAL	118024
TRANSPORTATION MANAGEMENT PILOT PROGRAM	118025

(A) The Department of Job and Family Services shall establish	118026
a Medicaid nonemergency medical transportation management pilot	118027
program. The pilot program shall be operated for two years.	118028

(B) A county department of job and family services serving a	118029
county with a population greater than four hundred thousand	118030
persons may participate in the pilot program. A county department	118031
participating in the pilot program shall identify which groups of	118032
Medicaid recipients residing in the county shall be required to	118033
participate in the pilot program. The county department shall also	118034
contract with one or more medical transportation management	118035
organizations to have the organizations manage nonemergency	118036
medical transportation services provided under the Medicaid	118037
program to the groups required to participate in the pilot	118038
program. To be eligible to contract with a county department, a	118039
medical transportation management organization must have	118040
experience in coordinating nonemergency medical transportation	118041
services.	118042

(C) A medical transportation management organization that	118043
contracts with a county department shall report monthly to the	118044
county department. Each report shall contain all of the following	118045
information:	118046

(1) A description of the transportation services provided to	118047
Medicaid recipients participating in the pilot program, including	118048
details on the varying modes of transportation used in providing	118049
the services and the frequency at which the services were	118050
provided;	118051

(2) The number of times nonemergency medical transportation	118052
providers failed to arrive for an appointment to transport a	118053
participant in the pilot program;	118054

(3) The number of times nonemergency medical transportation	118055
providers were late for an appointment to transport a participant	118056
in the pilot program and the lengths of the delays;	118057

(4) The cost of the nonemergency medical transportation	118058
services provided to participants in the pilot program;	118059

(5) Other indicators of the quality of nonemergency	118060
transportation services provided to participants in the pilot	118061
program that the county department requests to be included in the	118062
reports.	118063

(D) On conclusion of the pilot program, the Department, with	118064
assistance from each county department that participated in the	118065
pilot program, shall submit a report regarding the pilot program	118066
to the Governor, and in accordance with section 101.68 of the	118067
Revised Code, the General Assembly. The report shall specify the	118068
amount of savings, if any, the Medicaid program realized as a	118069
result of the pilot program.	118070

Section 309.40. FAMILY STABILITY

118071

Section 309.40.10. FOOD STAMPS TRANSFER

118072

On July 1, 2009, or as soon as possible thereafter, the	118073
Director of Budget and Management may transfer up to $1,000,000	118074
cash from the Food Stamp Program Fund (Fund 3840), to the Food	118075
Assistance Fund (Fund 5ES0).	118076

Section 309.40.20. NAME OF FOOD STAMP PROGRAM

118077

The Director of Job and Family Services is not required to	118078
amend rules regarding the Food Stamp Program to change the name of	118079
the program to the Supplemental Nutrition Assistance Program. The	118080
Director may refer to the program as the Food Stamp Program or	118081
the Food Assistance Program in rules and documents of the	118082
Department of Job and Family Services.	118083

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	118084
BANKS	118085

The foregoing appropriation item 600540, Second Harvest Food	118086
Banks, shall be used to provide funds to the Ohio Association of	118087
Second Harvest Food Banks to purchase and distribute food	118088
products.	118089

Notwithstanding section 5101.46 of the Revised Code and any	118090
other provision in this bill, in addition to funds designated for	118091
the Ohio Association of Second Harvest Food Banks in this	118092
section, in fiscal years 2010 and 2011, the Director of Job and	118093
Family Services shall provide assistance from eligible funds to	118094
the Ohio Association of Second Harvest Food Banks in an amount	118095
equal to the assistance provided in state fiscal year 2009.	118096

Section 309.40.35. ECONOMIC AND COMMUNITY DEVELOPMENT	118097
INSTITUTE	118098

Of the foregoing appropriation item 600410, TANF State, up to	118099
$325,000 in each fiscal year shall be provided to the Economic and	118100
Community Development Institute for matching funds provided to	118101
TANF eligible individuals through an individual development	118102
accounts program.	118103

Section 309.40.50. CHILD SUPPORT COLLECTIONS/TANF MOE

118104

The foregoing appropriation item 600658, Child Support	118105
Collections, shall be used by the Department of Job and Family	118106
Services to meet the TANF maintenance of effort requirements of 42	118107
U.S.C. 609(a)(7). When the state is assured that it will meet the	118108
maintenance of effort requirement, the Department of Job and	118109
Family Services may use funds from appropriation item 600658,	118110
Child Support Collections, to support public assistance	118111
activities.	118112

Section 309.40.60. EARLY LEARNING INITIATIVE

118113

(A) As used in this section:

118114

(1) "Title IV-A services" means benefits and services that	118115
are allowable under Title IV-A of the "Social Security Act," as	118116
specified in 42 U.S.C. 604(a), except that they shall not be	118117
benefits and services included in the term "assistance" as defined	118118
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	118119
excluded from the definition of the term "assistance" under 45	118120
C.F.R. 260.31(b).	118121

(2) "Eligible child" means a child who is at least three	118122
years of age but not of compulsory school age or enrolled in	118123
kindergarten, is eligible for Title IV-A services, and whose	118124
family income at the time of application does not exceed two	118125
hundred per cent of the federal poverty guidelines.	118126

(3) "Early learning program" means a program for eligible	118127
children that provides Title IV-A services, according to the	118128
purposes listed in 45 C.F.R. 260.20(c), that are early learning	118129
services, as defined by pursuant to division (D)(1) of this	118130
section.	118131

(4) "Early learning provider" means an entity that operates	118132
an early learning program.	118133

(5) "Early learning agency" means an early learning provider	118134
or an entity that has entered into an agreement with an early	118135
learning provider requiring the early learning provider to operate	118136
an early learning program on behalf of the entity.	118137

(6) "Federal poverty line" has the same meaning as in section	118138
5104.01 of the Revised Code.	118139

(7) "Of compulsory school age" has the same meaning as in	118140
section 3321.01 of the Revised Code.	118141

(B) The Early Learning Initiative is hereby established. The	118142
Department of Education and the Department of Job and Family	118143
Services shall administer the Initiative in accordance with	118144
sections 5101.80 and 5101.801 of the Revised Code. The Initiative	118145
shall provide early learning services to eligible children. Early	118146
learning services may be provided on a full-day basis, a part-day	118147
basis, or both a full-day and part-day basis.	118148

(C) The Department of Job and Family Services shall do both	118149
of the following:	118150

(1) Reimburse early learning agencies for services provided	118151
to eligible children according to the terms of the contract and	118152
the rules adopted under division (C)(2) of this section;	118153

(2) In consultation with the Department of Education, adopt	118154
rules in accordance with Chapter 119. of the Revised Code to	118155
implement the Early Learning Initiative. The rules shall include	118156
all of the following:	118157

(a) Provisions regarding the establishment of co-payments for	118158
families of eligible children whose family income is more than one	118159
hundred per cent of the federal poverty guidelines but equal to	118160
or less than the maximum amount of family income authorized for	118161
an eligible child as defined in division (A)(2) of this section;	118162

(b) An exemption from co-payment requirements for families	118163
whose family income is equal to or less than one hundred per cent	118164
of the federal poverty guideline;	118165

(c) A definition of "enrollment" for the purpose of	118166
compensating early learning agencies;	118167

(d) Provisions that establish compensation rates for early	118168
learning agencies based on the enrollment of eligible children;	118169

(e) Provisions for the completion of criminal record checks	118170
for employees of early learning agencies and early learning	118171
providers whereby sections 109.572(A)(8), (A)(9), and (B)(2) of	118172
the Revised Code are considered applicable to these employees;	118173

(f) Provisions for the timeline of eligibility determination;

118174

(g) A requirement that early learning programs licensed by	118175
the Department of Education under sections 3301.52 to 3301.59 of	118176
the Revised Code participate in the quality-rating program	118177
established under section 5104.30 of the Revised Code.	118178

(D) The Department of Education shall do all of the	118179
following:	118180

(1) Define the early learning services that will be provided	118181
to eligible children through the Early Learning Initiative;	118182

(2) In consultation with the Department of Job and Family	118183
Services, develop an application form and criteria for the	118184
selection of early learning agencies. The criteria shall require	118185
an early learning agency, or each early learning provider with	118186
which the agency has entered into an agreement for the operation	118187
of an early learning program on the agency's behalf, to be	118188
licensed by the Department of Education under sections 3301.52 to	118189
3301.59 of the Revised Code or by the Department of Job and	118190
Family Services under Chapter 5104. of the Revised Code;	118191

(3) Establish early learning program guidelines for school	118192
readiness to assess the operation of early learning programs.	118193

(E) Any entity that seeks to be an early learning agency	118194
shall apply to the Department of Education by a deadline	118195
established by the Department. The Department of Education shall	118196
select entities that meet the criteria established under division	118197
(D)(2) of this section to be early learning agencies. Upon	118198
selection of an entity to be an early learning agency, the	118199
Department of Education shall designate the number of eligible	118200
children the agency may enroll. The Department of Education shall	118201
notify the Department of Job and Family Services of the number so	118202
designated.	118203

(F) The Department of Education and the Department of Job and	118204
Family Services shall enter into a contract with each early	118205
learning agency selected under division (E) of this section. The	118206
requirements of section 127.16 of the Revised Code do not apply to	118207
contracts entered into under this section. The contract shall	118208
outline the terms and conditions applicable to the provision of	118209
Title IV-A services for eligible children and shall include at	118210
least the following:	118211

(1) The respective duties of the early learning agency, the	118212
Department of Education, and the Department of Job and Family	118213
Services;	118214

(2) Requirements applicable to the allowable use of and	118215
accountability for compensation paid under the contract;	118216

(3) Reporting requirements, including a requirement that the	118217
early learning provider inform the Department of Education when	118218
the provider learns that a kindergarten eligible child will not be	118219
enrolled in kindergarten;	118220

(4) The compensation schedule payable under the contract;

118221

(5) Audit requirements;

118222

(6) Provisions for suspending, modifying, or terminating the	118223
contract.	118224

(G) If an early learning agency, or an early learning	118225
provider operating an early learning program on the agency's	118226
behalf, substantially fails to meet the early learning program	118227
guidelines for school readiness or exhibits substandard	118228
performance, as determined by the Department of Education, the	118229
agency shall develop and implement a corrective action plan. The	118230
Department of Education shall approve the corrective action plan	118231
prior to implementation.	118232

(H) If an early learning agency fails to implement a	118233
corrective action plan under division (G) of this section, the	118234
Department of Education may direct the Department of Job and	118235
Family Services to either withhold funding or request that the	118236
Department of Job and Family Services suspend or terminate the	118237
contract with the agency.	118238

(I) Each early learning program shall do all of the	118239
following:	118240

(1) Meet teacher qualification requirements prescribed by	118241
section 3301.311 of the Revised Code;	118242

(2) Align curriculum to the early learning content standards;

118243

(3) Meet any assessment requirements prescribed by section	118244
3301.0715 of the Revised Code that apply to the program;	118245

(4) Require teachers, except teachers enrolled and working to	118246
obtain a degree pursuant to section 3301.311 of the Revised Code,	118247
to attend a minimum of twenty hours per biennium of professional	118248
development as prescribed by the Department of Education regarding	118249
the implementation of early learning program guidelines for school	118250
readiness;	118251

(5) Document and report child progress;

118252

(6) Meet and report compliance with the early learning	118253
program guidelines for school success;	118254

(7) Participate in early language and literacy classroom	118255
observation evaluation studies.	118256

(J) Each county Department of Job and Family Services shall	118257
determine eligibility for Title IV-A services for children seeking	118258
to enroll in an early learning program within fifteen days after	118259
receipt of a completed application in accordance with rules	118260
adopted under this section.	118261

(K) The provision of early learning services in an early	118262
learning program shall not prohibit or otherwise prevent an	118263
individual from obtaining certificates for payment under division	118264
(C) of section 5104.32 of the Revised Code.	118265

(L) Notwithstanding section 126.07 of the Revised Code:

118266

(1) Any fiscal year 2010 contract executed prior to July 1,	118267
2009, between the Departments of Job and Family Services and	118268
Education and an early learning agency that was not an early	118269
learning agency as of June 30, 2009, shall be deemed to be	118270
effective as of July 1, 2009, upon issuance of a state purchase	118271
order, even if the purchase order is approved at some later date.	118272

(2) Any fiscal year 2010 contract executed between the	118273
Departments of Job and Family Services and Education and an early	118274
learning agency that had a valid contract for early learning	118275
services on June 30, 2009, shall be deemed to be effective as of	118276
July 1, 2009, upon the issuance of a state purchase order, even if	118277
the purchase order is approved at some later date.	118278

(3) Any fiscal year 2011 contract executed prior to July 1,	118279
2010, between the Departments of Job and Family Services and	118280
Education and an early learning agency that was not an early	118281
learning agency as of June 30, 2010, shall be deemed to be	118282
effective as of July 1, 2010, upon issuance of a state purchase	118283
order, even if the purchase order is approved at some later date.	118284

(4) Any fiscal year 2011 contract executed between the	118285
Departments of Job and Family Services and Education and an early	118286
learning agency that had a valid contract for early learning	118287
services on June 30, 2010, shall be deemed to be effective as of	118288
July 1, 2010, upon the issuance of a state purchase order, even if	118289
the purchase order is approved at some later date.	118290

(M) The Departments of Job and Family Services and Education	118291
shall contract for up to 12,000 enrollment slots for eligible	118292
children in each fiscal year through the Early Learning	118293
Initiative.	118294

(N) Eligible expenditures for the Early Learning Initiative	118295
shall be claimed each fiscal year to help meet the state's TANF	118296
maintenance of effort requirement. The Superintendent of Public	118297
Instruction and the Director of Job and Family Services shall	118298
enter into an interagency agreement to carry out the requirements	118299
under this division, which shall include developing reporting	118300
guidelines for these expenditures.	118301

Section 309.45. CHILD WELFARE

118302

Section 309.45.10. ALTERNATIVE RESPONSE

118303

The Department of Job and Family Services shall develop,	118304
implement, oversee, and evaluate a pilot program based on an	118305
"Alternative Response" approach to reports of child abuse,	118306
neglect, and dependency. The pilot program shall be implemented in	118307
not more than ten counties that are selected by the Department and	118308
that agree to participate in the pilot program. The pilot program	118309
shall last eighteen months, not including time expended in	118310
preparation for the implementation of the pilot program and any	118311
post-pilot program evaluation activity. After the eighteen-month	118312
period, the ten sites may continue to administer the Alternative	118313
Response approach uninterrupted, unless the Department determines	118314
otherwise.	118315

The Department shall assure that the Alternative Response	118316
pilot program is independently evaluated with respect to outcomes	118317
for children and families, costs, worker satisfaction, and any	118318
other criteria the Department determines will be useful in the	118319
consideration of statewide implementation of an Alternative	118320
Response approach to child protection. The measure associated with	118321
the eighteen-month pilot program shall, for the purposes of the	118322
evaluation, be compared with those same measures in the pilot	118323
counties during the eighteen-month period immediately preceding	118324
the beginning of the pilot program period. If the independent	118325
evaluation of the pilot program recommends statewide	118326
implementation of an Alternative Response approach to child	118327
protection, the Department may expand the Alternative Response	118328
approach statewide through a schedule determined by the	118329
Department. Until that time, the Department may adopt rules in	118330
accordance with section 111.15 of the Revised Code, as if they	118331
were internal management rules, as necessary to carry out the	118332
purposes of this section.	118333

Section 309.45.15. INDEPENDENT LIVING SERVICES

118334

Of the foregoing appropriation item 600523, Children and	118335
Families Services, up to $1,500,000 in each fiscal year shall be	118336
used to provide independent living services to foster youth and	118337
former foster youth between 16 and 21 years of age.	118338

Section 309.45.21. CHILD, FAMILY, AND ADULT COMMUNITY AND	118339
PROTECTIVE SERVICES	118340

(A) The foregoing appropriation item 600533, Child, Family,	118341
and Adult Community & Protective Services, shall be distributed to	118342
each county department of job and family services using the	118343
formula the Department of Job and Family Services uses when	118344
distributing Title XX funds to county departments of job and	118345
family services under section 5101.46 of the Revised Code. County	118346
departments shall use the funds distributed to them under this	118347
section as follows, in accordance with the written plan of	118348
cooperation entered into under section 307.983 of the Revised	118349
Code:	118350

(1) To assist individuals achieve or maintain	118351
self-sufficiency, including by reducing or preventing dependency	118352
among individuals with family income not exceeding two hundred per	118353
cent of the federal poverty guidelines;	118354

(2) Subject to division (B) of this section, to respond to	118355
reports of abuse, neglect, or exploitation of children and adults,	118356
including through the alternative approach pilot program developed	118357
under Section 309.40.40 of this act;	118358

(3) To provide outreach and referral services regarding home	118359
and community-based services to individuals at risk of placement	118360
in a group home or institution, regardless of the individuals'	118361
family income and without need for a written application;	118362

(4) To provide outreach, referral, application assistance,	118363
and other services to assist individuals receive assistance,	118364
benefits, or services under Medicaid; Title IV-A programs, as	118365
defined in section 5101.80 of the Revised Code; the Supplemental	118366
Nutrition Assistance Program; and other public assistance	118367
programs.	118368

(B) Protective services may be provided to a child or adult	118369
as part of a response, under division (A)(2) of this section, to a	118370
report of abuse, neglect, or exploitation without regard to a	118371
child or adult's family income and without need for a written	118372
application. The protective services may be provided if the case	118373
record documents circumstances of actual or potential abuse,	118374
neglect, or exploitation.	118375

Section 309.45.40. CHILDREN'S HUNGER ALLIANCE

118376

Of the foregoing appropriation item 600535, Early Care and	118377
Education, up to $1,500,000 in each fiscal year shall be provided	118378
to the Children's Hunger Alliance for Child Nutrition Program	118379
outreach efforts. The Departments of Job and Family Services and	118380
Education shall enter into a grant agreement with the Children's	118381
Hunger Alliance and agree upon annual reporting requirements,	118382
including statements of planned uses of state funds, expected	118383
performance outcomes, and an evaluation of success in achieving	118384
those outcomes. As soon as possible after entering into a grant	118385
agreement at the beginning of each fiscal year, the Department of	118386
Job and Family Services may advance grant funds to the grantee	118387
under section 5101.10 of the Revised Code.	118388

Section 309.45.50. SUMMER AND AFTER-SCHOOL PROGRAMS

118389

Of the foregoing appropriation item 600535, Early Care and	118390
Education, up to $10,000,000 in each fiscal year shall be provided	118391
to the Ohio Child Care Resource and Referral Association for the	118392
distribution of funds for summer and after-school programs for	118393
TANF eligible youth served through community-based organizations,	118394
faith-based organizations, and schools to provide academic support	118395
not available during the regular school day, nutrition,	118396
transportation, youth development activities, drug and violence	118397
prevention, counseling, technology education, and character	118398
education.	118399

Section 309.45.70. KINSHIP PERMANENCY INCENTIVE PROGRAM

118400

The foregoing appropriation item 600541, Kinship Permanency	118401
Incentive Program, shall be used to support the Kinship Permanency	118402
Incentive Program created under section 5101.802 of the Revised	118403
Code.	118404

Section 309.45.80. REIMBURSEMENT CEILING FOR PROVIDERS OF	118405
PUBLICLY FUNDED CHILD CARE	118406

For the purposes of rules adopted under division (E) of	118407
section 5104.30 of the Revised Code, the Director of Job and	118408
Family Services shall set the reimbursement ceiling for providers	118409
of publicly funded child care for the fiscal years of 2010 and	118410
2011 at the fifty-first percentile of the results of the child	118411
care market rate survey commissioned by the Department of Job and	118412
Family Services in 2008.	118413

Section 309.45.90. REALLOCATION OF UNUSED COUNTY ALLOCATIONS

118414

(A) As used in this section:

118415

(1) "Income maintenance funds" means funds the Department of	118416
Job and Family Services allocates to a county to meet matching	118417
fund requirements or reimburse a county for administrative	118418
expenditures incurred in the administration of the Disability	118419
Financial Assistance Program, Disability Medical Assistance	118420
Program, Medicaid Program, or Supplemental Nutrition Assistance	118421
Program.	118422

(2) "TANF funds" means funds the Department of Job and Family	118423
Services allocates to a county for Title IV-A programs, as defined	118424
in section 5101.80 of the Revised Code.	118425

(3) "TANF Title XX transfer funds" means funds the Department	118426
of Job and Family Services allocates to a county for purposes of	118427
section 5101.461 of the Revised Code.	118428

(4) "Title XX social services funds" means funds the	118429
Department of Job and Family Services allocates to a county	118430
department of job and family services for purposes of section	118431
5101.46 of the Revised Code.	118432

(B) If a county informs the Department of Job and Family	118433
Services that the county will not use the entire amount of the	118434
income maintenance funds, TANF funds, TANF Title XX transfer	118435
funds, or Title XX social services funds allocated to the county	118436
for fiscal year 2010 or fiscal year 2011, the Department shall	118437
reallocate the portion of the funds the county will not use to	118438
other counties for the remainder of the fiscal year in which the	118439
funds are reallocated or the next fiscal year. In reallocating the	118440
funds, the Department shall do both of the following:	118441

(1) For each of the funds separately, rank each county by the	118442
percentage reduction in allocations of the funds from the fiscal	118443
year preceding the fiscal year in which the reallocation is made	118444
to the fiscal year in which the reallocation is made, with the	118445
county that has the greatest reduction percentage placed at the	118446
top of the ranking;	118447

(2) Reallocate each of the funds separately to counties in	118448
the order in which counties are ranked under division (B)(1) of	118449
this section in a manner that provides, to the extent funds are	118450
available for reallocation, for each county to be, as a result of	118451
the reallocation, allocated the same amount of the funds that the	118452
county was allocated the previous fiscal year, other than the	118453
counties that inform the Department they will not use the full	118454
amount of their allocation of the funds.	118455

Section 309.50. UNEMPLOYMENT COMPENSATION

118456

Section 309.50.10. EMPLOYER SURCHARGE

118457

The surcharge and the interest on the surcharge amounts due	118458
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	118459
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	118460
118th General Assembly, and section 4141.251 of the Revised Code	118461
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd	118462
General Assembly, again shall be assessed and collected by,	118463
accounted for, and made available to the Department of Job and	118464
Family Services in the same manner as set forth in section	118465
4141.251 of the Revised Code as it existed prior to its repeal by	118466
Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the	118467
repeal of the surcharge for calendar years after 1990, pursuant to	118468
Sub. H.B. 478 of the 122nd General Assembly, except that amounts	118469
received by the Director on or after July 1, 2001, shall be	118470
deposited into the Unemployment Compensation Special	118471
Administrative Fund (Fund 4A90) established pursuant to section	118472
4141.11 of the Revised Code.	118473

Section 309.50.20. FEDERAL UNEMPLOYMENT PROGRAMS

118474

All unexpended funds remaining at the end of fiscal year 2009	118475
that were appropriated and made available to the state under	118476
section 903(d) of the Social Security Act, as amended, in the	118477
foregoing appropriation item 600678, Federal Unemployment	118478
Programs (Fund 3V40), are hereby appropriated to the Department	118479
of Job and Family Services. Upon the request of the Director of	118480
Job and Family Services, the Director of Budget and Management	118481
may increase the appropriation for fiscal year 2010 by the	118482
amount remaining unspent from the fiscal year 2009 appropriation	118483
and may increase the appropriation for fiscal year 2011 by the	118484
amount remaining unspent from the fiscal year 2010	118485
appropriation. The appropriation shall be used under the	118486
direction of the Department of Job and Family Services to pay for	118487
administrative activities for the Unemployment Insurance Program,	118488
employment services, and other allowable expenditures under	118489
section 903(d) of the Social Security Act, as amended.	118490

The amounts obligated pursuant to this section shall not	118491
exceed at any time the amount by which the aggregate of the	118492
amounts transferred to the account of the state under section	118493
903(d) of the Social Security Act, as amended, exceeds the	118494
aggregate of the amounts obligated for administration and paid out	118495
for benefits and required by law to be charged against the amounts	118496
transferred to the account of the state.	118497

Section 309.50.30. REMOVAL OF UNEMPLOYMENT COMPENSATION	118498
ADVISORY COUNCIL MEMBERS	118499

The intent of the General Assembly in the amendments made in	118500
this act to section 145.012 is to provide that service as a	118501
member of the Unemployment Compensation Advisory Council on or	118502
after the effective date of this section shall not be service as	118503
a public employee for purposes of Chapter 145. of the Revised	118504
Code. The amendments are not intended to prohibit the use of such	118505
service for calculation of benefits under Chapter 145. of the	118506
Revised Code for service prior to the effective date of this	118507
section.	118508

Section 309.60. WORKFORCE DEVELOPMENT

118509

Section 309.60.10. NURSE ASSISTANT TRAINING PROGRAMS

118510

Of the foregoing appropriation item 600688, Workforce	118511
Investment Act, up to $1,000,000 in each fiscal year shall be used	118512
to reimburse nurse assistant training programs that service	118513
TANF-eligible individuals. Any amount of this earmark that	118514
remains unspent at the end of fiscal year 2010 is hereby	118515
reappropriated in fiscal year 2011 for the same purpose. The	118516
opportunity for reimbursement for the purposes for which this	118517
earmark is intended expires June 30, 2011.	118518

Section 309.60.20. NURSING FACULTY FELLOWSHIP GRANTS

118519

Of the foregoing appropriation item 600688, Workforce	118520
Investment Act, up to $700,000 in each fiscal year shall be used	118521
to support the Nursing Faculty Fellowship Grant Program	118522
administered by the Ohio Board of Regents. Any amount of this	118523
earmark that remains unspent at the end of fiscal year 2010 is	118524
hereby reappropriated in fiscal year 2011 for the same purpose.	118525

Section 309.60.30. SKILL-BASED EDUCATION AND ASSISTANCE

118526

Of the foregoing appropriation item 600688, Workforce	118527
Investment Act (Fund 3V00), up to $2,000,000 in fiscal year 2010	118528
shall be provided to programs that provide skill-based education	118529
and assistance to individuals eligible for Ohio Works First. Any	118530
amount of this earmark that remains unspent at the end of fiscal	118531
year 2010 is hereby reappropriated in fiscal year 2011 for the	118532
same purpose.	118533

Section 310.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

118534

General Revenue Fund	118535

GRF	029321	Operating Expenses	$	483,520	$	483,520	118536
TOTAL GRF General Revenue Fund			$	483,520	$	483,520	118537
TOTAL ALL BUDGET FUND GROUPS			$	483,520	$	483,520	118538

OPERATING

118539

The Chief Administrative Officer of the House of	118540
Representatives and the Clerk of the Senate shall determine, by	118541
mutual agreement, which of them shall act as fiscal agent for the	118542
Joint Committee on Agency Rule Review. Members of the Committee	118543
shall be paid in accordance with section 101.35 of the Revised	118544
Code.	118545

OPERATING EXPENSES

118546

On July 1, 2009, or as soon as possible thereafter, the	118547
Executive Director of the Joint Committee on Agency Rule Review	118548
may certify to the Director of Budget and Management the amount of	118549
the unexpended, unencumbered balance of the foregoing	118550
appropriation item 029321, Operating Expenses, at the end of	118551
fiscal year 2009 to be reappropriated to fiscal year 2010. The	118552
amount certified is hereby reappropriated to the same	118553
appropriation item for fiscal year 2010.	118554

On July 1, 2010, or as soon as possible thereafter, the	118555
Executive Director of the Joint Committee on Agency Rule Review	118556
may certify to the Director of Budget and Management the amount of	118557
the unexpended, unencumbered balance of the foregoing	118558
appropriation item 029321, Operating Expenses, at the end of	118559
fiscal year 2010 to be reappropriated to fiscal year 2011. The	118560
amount certified is hereby reappropriated to the same	118561
appropriation item for fiscal year 2011.	118562

Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO

118563

General Revenue Fund	118564

GRF	018321		Operating Expenses		$	1,034,281		$	1,065,281		118565
TOTAL GRF General Revenue Fund					$	1,034,281		$	1,065,281		118566

General Services Fund Group	118567

4030	018601	Ohio Jury Instructions	$	350,000	$	350,000	118568
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	118569
TOTAL ALL BUDGET FUND GROUPS			$	1,384,281	$	1,415,281	118570

STATE COUNCIL OF UNIFORM STATE LAWS

118571

Notwithstanding section 105.26 of the Revised Code, of the	118572
foregoing appropriation item 018321, Operating Expenses, up to	118573
$97,000 in fiscal year 2010 and up to $101,000 in fiscal year 2011	118574
may be used to pay the expenses of the State Council of Uniform	118575
State Laws, including membership dues to the National Conference	118576
of Commissioners on Uniform State Laws, and other expenses under	118577
sections 105.25 and 105.26 of the Revised Code.	118578

OHIO JURY INSTRUCTIONS FUND

118579

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	118580
grants, royalties, dues, conference fees, bequests, devises, and	118581
other gifts received for the purpose of supporting costs incurred	118582
by the Judicial Conference of Ohio in dispensing educational and	118583
informational data to the state's judicial system. Fund 4030 shall	118584
be used by the Judicial Conference of Ohio to pay expenses	118585
incurred in dispensing educational and informational data to the	118586
state's judicial system. All moneys accruing to Fund 4030 in	118587
excess of $350,000 in fiscal year 2010 and in excess of $350,000	118588
in fiscal year 2011 are hereby appropriated for the purposes	118589
authorized.	118590

No money in Fund 4030 shall be transferred to any other fund	118591
by the Director of Budget and Management or the Controlling Board.	118592

Section 313.10. JSC THE JUDICIARY/SUPREME COURT

118593

General Revenue Fund	118594

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	133,144,970	$	133,144,970	118595
GRF	005401	State Criminal Sentencing Council	$	336,770	$	336,770	118596
GRF	005406	Law-Related Education	$	236,172	$	236,172	118597
GRF	005409	Ohio Courts Technology Initiative	$	4,850,000	$	4,850,000	118598
GRF	005502	Legal Education Opportunity	$	350,000	$	350,000	118599
TOTAL GRF General Revenue Fund			$	138,917,912	$	138,917,912	118600

General Services Fund Group	118601

6720	005601		Continuing Judicial Education		$	300,000		$	300,000		118602
TOTAL GSF General Services Fund Group					$	300,000		$	300,000		118603

Federal Special Revenue Fund Group	118604

3J00	005603		Federal Grants		$	2,137,866		$	1,917,081		118605
TOTAL FED Federal Special Revenue Fund Group					$	2,137,866		$	1,917,081		118606

State Special Revenue Fund Group	118607

4C80	005605	Attorney Services	$	3,704,659	$	3,704,659	118608
5T80	005609	Grants and Awards	$	50,000	$	50,000	118609
6A80	005606	Supreme Court Admissions	$	1,284,142	$	1,284,142	118610
TOTAL SSR State Special Revenue Fund Group			$	5,038,801	$	5,038,801	118611
TOTAL ALL BUDGET FUND GROUPS			$	146,394,579	$	146,173,794	118612

LAW-RELATED EDUCATION

118613

The foregoing appropriation item 005406, Law-Related	118614
Education, shall be distributed directly to the Ohio Center for	118615
Law-Related Education for the purposes of providing continuing	118616
citizenship education activities to primary and secondary	118617
students, expanding delinquency prevention programs, increasing	118618
activities for at-risk youth, and accessing additional public and	118619
private money for new programs.	118620

OHIO COURTS TECHNOLOGY INITIATIVE

118621

The foregoing appropriation item 005409, Ohio Courts	118622
Technology Initiative, shall be used to fund an initiative by the	118623
Supreme Court to facilitate the exchange of information and	118624
warehousing of data by and between Ohio courts and other justice	118625
system partners through the creation of an Ohio Courts Network,	118626
the delivery of technology services to courts throughout the	118627
state, including the provision of hardware, software, and the	118628
development and implementation of educational and training	118629
programs for judges and court personnel, and operation of the	118630
Commission on Technology and the Courts by the Supreme Court for	118631
the promulgation of statewide rules, policies, and uniform	118632
standards, and to aid in the orderly adoption and comprehensive	118633
use of technology in Ohio courts.	118634

LEGAL EDUCATION OPPORTUNITY

118635

The foregoing appropriation item 005502 shall be used to fund	118636
activities undertaken at the direction of the Chief Justice of	118637
the Supreme Court for purposes of introducing minority,	118638
low-income, and educationally disadvantaged Ohio students to the	118639
legal system and providing educational opportunities to those	118640
same students who are preparing for college and interested in the	118641
pursuit of a legal career. The foregoing appropriation item	118642
005502 may be used by the Supreme Court, in cooperation with other	118643
entities, to establish and provide programs, courses, and	118644
activities consistent with the purposes set forth in this	118645
paragraph and to pay the associated administrative costs.	118646

CONTINUING JUDICIAL EDUCATION

118647

The Continuing Judicial Education Fund (Fund 6720) shall	118648
consist of fees paid by judges and court personnel for attending	118649
continuing education courses and other gifts and grants received	118650
for the purpose of continuing judicial education. The foregoing	118651
appropriation item 005601, Continuing Judicial Education, shall be	118652
used to pay expenses for continuing education courses for judges	118653
and court personnel. If it is determined by the Administrative	118654
Director of the Supreme Court that additional appropriations are	118655
necessary, the amounts are hereby appropriated.	118656

No money in Fund 6720 shall be transferred to any other fund	118657
by the Director of Budget and Management or the Controlling Board.	118658
Interest earned on moneys in Fund 6720 shall be credited to the	118659
fund.	118660

FEDERAL GRANTS

118661

The Federal Grants Fund (Fund 3J00) shall consist of grants	118662
and other moneys awarded to the Supreme Court (The Judiciary) by	118663
the United States Government or other entities that receive the	118664
moneys directly from the United States Government and distribute	118665
those moneys to the Supreme Court (The Judiciary). The foregoing	118666
appropriation item 005603, Federal Grants, shall be used in a	118667
manner consistent with the purpose of the grant or award. If it is	118668
determined by the Administrative Director of the Supreme Court	118669
that additional appropriations are necessary, the amounts are	118670
hereby appropriated.	118671

No money in Fund 3J00 shall be transferred to any other fund	118672
by the Director of Budget and Management or the Controlling	118673
Board. However, interest earned on moneys in Fund 3J00 shall be	118674
credited or transferred to the General Revenue Fund.	118675

ATTORNEY SERVICES

118676

The Attorney Services Fund (Fund 4C80), formerly known as the	118677
Attorney Registration Fund, shall consist of moneys received by	118678
the Supreme Court (The Judiciary) pursuant to the Rules for the	118679
Government of the Bar of Ohio. In addition to funding other	118680
activities considered appropriate by the Supreme Court, the	118681
foregoing appropriation item 005605, Attorney Services, may be	118682
used to compensate employees and to fund appropriate activities of	118683
the following offices established by the Supreme Court: the Office	118684
of Disciplinary Counsel, the Board of Commissioners on Grievances	118685
and Discipline, the Clients' Security Fund, and the Attorney	118686
Services Division. If it is determined by the Administrative	118687
Director of the Supreme Court that additional appropriations are	118688
necessary, the amounts are hereby appropriated.	118689

No moneys in Fund 4C80 shall be transferred to any other	118690
fund by the Director of Budget and Management or the Controlling	118691
Board. Interest earned on moneys in Fund 4C80 shall be credited to	118692
the fund.	118693

GRANTS AND AWARDS

118694

The Grants and Awards Fund (Fund 5T80) shall consist of	118695
grants and other moneys awarded to the Supreme Court (The	118696
Judiciary) by the State Justice Institute, the Division of	118697
Criminal Justice Services, or other entities. The foregoing	118698
appropriation item 005609, Grants and Awards, shall be used in a	118699
manner consistent with the purpose of the grant or award. If it	118700
is determined by the Administrative Director of the Supreme Court	118701
that additional appropriations are necessary, the amounts are	118702
hereby appropriated.	118703

No moneys in Fund 5T80 shall be transferred to any other	118704
fund by the Director of Budget and Management or the Controlling	118705
Board. However, interest earned on moneys in Fund 5T80 shall be	118706
credited or transferred to the General Revenue Fund.	118707

SUPREME COURT ADMISSIONS

118708

The foregoing appropriation item 005606, Supreme Court	118709
Admissions, shall be used to compensate Supreme Court employees	118710
who are primarily responsible for administering the attorney	118711
admissions program under the Rules for the Government of the Bar	118712
of Ohio, and to fund any other activities considered appropriate	118713
by the court. Moneys shall be deposited into the Supreme Court	118714
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	118715
Government of the Bar of Ohio. If it is determined by the	118716
Administrative Director of the Supreme Court that additional	118717
appropriations are necessary, the amounts are hereby appropriated.	118718

No moneys in Fund 6A80 shall be transferred to any other fund	118719
by the Director of Budget and Management or the Controlling Board.	118720
Interest earned on moneys in Fund 6A80 shall be credited to the	118721
fund.	118722

Section 313.20. SUPREME COURT FILING FEE

118723

The General Assembly hereby respectfully requests the	118724
Supreme Court to modify Rule XV of the Rules of Practice of the	118725
Supreme Court of Ohio pursuant to its authority under the Ohio	118726
Constitution to make that Rule consistent with the amendments	118727
made by this act to section 2503.17 of the Revised Code.	118728

Section 315.10. LEC LAKE ERIE COMMISSION

118729

State Special Revenue Fund Group	118730

4C00	780601	Lake Erie Protection Fund	$	450,000	$	450,000	118731
5D80	780602	Lake Erie Resources Fund	$	380,000	$	383,000	118732
TOTAL SSR State Special Revenue							118733
Fund Group			$	830,000	$	833,000	118734
TOTAL ALL BUDGET FUND GROUPS			$	830,000	$	833,000	118735

Section 317.10. LRS LEGAL RIGHTS SERVICE

118737

General Revenue Fund	118738

GRF	054321	Support Services	$	142,614	$	142,614	118739
GRF	054401	Ombudsman	$	209,698	$	209,698	118740
TOTAL GRF General Revenue Fund			$	352,312	$	352,312	118741

General Services Fund Group	118742

5M00	054610	Settlements	$	81,352	$	81,352	118743
TOTAL GSF General Services							118744
Fund Group			$	81,352	$	81,352	118745

Federal Special Revenue Fund Group	118746

3050	054602	Protection and Advocacy - Developmentally Disabled	$	1,500,000	$	1,500,000	118747
3AG0	054613	Protection and Advocacy - Voter Accessibility	$	135,000	$	135,000	118748
3B80	054603	Protection and Advocacy - Mentally Ill	$	1,100,000	$	1,100,000	118749
3CA0	054615	Work Incentives Planning and Assistance	$	355,000	$	355,000	118750
3N30	054606	Protection and Advocacy - Individual Rights	$	570,000	$	570,000	118751
3N90	054607	Assistive Technology	$	160,000	$	160,000	118752
3R90	054604	Family Support Collaborative	$	12,500	$	0	118753
3R90	054616	Developmental Disability Publications	$	130,000	$	130,000	118754
3T20	054609	Client Assistance Program	$	435,000	$	435,000	118755
3X10	054611	Protection and Advocacy - Beneficiaries of Social Security	$	235,000	$	235,000	118756
3Z60	054612	Protection and Advocacy - Traumatic Brain Injury	$	70,000	$	70,000	118757
TOTAL FED Federal Special Revenue							118758
Fund Group			$	4,702,500	$	4,690,000	118759

State Special Revenue Fund Group	118760

5AE0	054614	Grants and Contracts	$	100,000	$	100,000	118761
TOTAL SSR State Special Revenue Fund Group			$	100,000	$	100,000	118762
TOTAL ALL BUDGET FUND GROUPS			$	5,236,164	$	5,223,664	118763

Section 317.20. LEGAL RIGHTS SERVICE NONPROFIT TRANSITION	118765
STUDY	118766

(A) The Legal Rights Service Commission shall conduct a study	118767
concerning a potential transition from a public entity to a	118768
nonprofit organization effective July 1, 2011. The study shall	118769
include an analysis of all of the following:	118770

(1) The feasibility of a transition to a nonprofit	118771
organization;	118772

(2) The potential effects on service delivery, including	118773
client service and access to required resources, and any other	118774
service delivery advantages or disadvantages that might result	118775
from the transition to a nonprofit organization;	118776

(3) Potential organizational effects, including cost savings	118777
and non-state funding sources, and any other organizational	118778
advantages or disadvantages that might result from the transition	118779
to a nonprofit organization;	118780

(4) The approximate amount of time necessary to achieve a	118781
transition to nonprofit status.	118782

(B) The Legal Rights Service Commission shall develop a	118783
process plan by which a transition to a nonprofit organization	118784
could be implemented not later than July 1, 2011.	118785

(C) Not later than six months after the effective date of	118786
this section, a written report of the results of the study and a	118787
copy of the process plan shall be submitted to the Governor, the	118788
Speaker and the Minority Leader of the House of Representatives,	118789
and the President and the Minority Leader of the Senate.	118790

Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

118791

General Revenue Fund	118792

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		118793
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		118794

General Services Fund Group	118795

4G70	028601	Joint Legislative Ethics Committee	$	100,000	$	100,000	118796
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	118797
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	118798

Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION

118799

General Revenue Fund	118800

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	118801
GRF	035402	Legislative Interns	$	1,022,120	$	1,022,120	118802
GRF	035404	Legislative Office of Education Oversight	$	500,000	$	500,000	118803
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	118804
GRF	035407	Legislative Task Force on Redistricting	$	750,000	$	750,000	118805
GRF	035409	National Associations	$	460,560	$	460,560	118806
GRF	035410	Legislative Information Systems	$	3,661,250	$	3,661,250	118807
TOTAL GRF General Revenue Fund			$	21,950,530	$	21,950,530	118808

General Services Fund Group	118809

4100	035601	Sale of Publications	$	25,250	$	25,250	118810
4F60	035603	Legislative Budget Services	$	154,025	$	154,025	118811
5EF0	035607	House and Senate Telephone Usage	$	30,000	$	30,000	118812
TOTAL GSF General Services							118813
Fund Group			$	209,275	$	209,275	118814
TOTAL ALL BUDGET FUND GROUPS			$	22,159,805	$	22,159,805	118815

Section 323.10. LIB STATE LIBRARY BOARD

118817

General Revenue Fund	118818

GRF	350321	Operating Expenses	$	5,477,369	$	5,477,369	118819
GRF	350401	Ohioana Rental Payments	$	128,560	$	128,560	118820
GRF	350502	Regional Library Systems	$	832,099	$	832,099	118821
TOTAL GRF General Revenue Fund			$	6,438,028	$	6,438,028	118822

General Services Fund Group	118823

1390	350602	Intra-Agency Service Charges	$	9,000	$	9,000	118824
4590	350603	Library Service Charges	$	2,895,592	$	3,039,342	118825
4S40	350604	Ohio Public Library Information Network	$	5,702,150	$	5,702,150	118826
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	118827
5GG0	350606	Gates Foundation Grants	$	500,000	$	0	118828
TOTAL GSF General Services							118829
Fund Group			$	10,380,936	$	10,024,686	118830

Federal Special Revenue Fund Group	118831

3130	350601	LSTA Federal	$	5,543,747	$	5,543,747	118832
TOTAL FED Federal Special Revenue							118833
Fund Group			$	5,543,747	$	5,543,747	118834
TOTAL ALL BUDGET FUND GROUPS			$	22,362,711	$	22,006,461	118835

OHIOANA RENTAL PAYMENTS

118836

The foregoing appropriation item 350401, Ohioana Rental	118837
Payments, shall be used to pay the rental expenses of the Martha	118838
Kinney Cooper Ohioana Library Association under section 3375.61	118839
of the Revised Code.	118840

REGIONAL LIBRARY SYSTEMS

118841

The foregoing appropriation item 350502, Regional Library	118842
Systems, shall be used to support regional library systems	118843
eligible for funding under sections 3375.83 and 3375.90 of the	118844
Revised Code.	118845

OHIO PUBLIC LIBRARY INFORMATION NETWORK

118846

(A) The foregoing appropriation item 350604, Ohio Public	118847
Library Information Network, shall be used for an information	118848
telecommunications network linking public libraries in the state	118849
and such others as may participate in the Ohio Public Library	118850
Information Network (OPLIN).	118851

The Ohio Public Library Information Network Board of Trustees	118852
created under section 3375.65 of the Revised Code may make	118853
decisions regarding use of the foregoing appropriation item	118854
350604, Ohio Public Library Information Network.	118855

(B) Of the foregoing appropriation item 350604, Ohio Public	118856
Library Information Network, up to $81,000 in each fiscal year	118857
shall be used to help local libraries use filters to screen out	118858
obscene and illegal internet materials.	118859

The OPLIN Board shall research and assist or advise local	118860
libraries with regard to emerging technologies and methods that	118861
may be effective means to control access to obscene and illegal	118862
materials. The OPLIN Executive Director shall provide biannual	118863
written reports to the Governor, the Speaker and Minority Leader	118864
of the House of Representatives, and the President and Minority	118865
Leader of the Senate on any steps being taken by OPLIN and public	118866
libraries in the state to limit and control such improper usage as	118867
well as information on technological, legal, and law enforcement	118868
trends nationally and internationally affecting this area of	118869
public access and service.	118870

(C) The Ohio Public Library Information Network, INFOhio, and	118871
OhioLINK shall, to the extent feasible, coordinate and cooperate	118872
in their purchase or other acquisition of the use of electronic	118873
databases for their respective users and shall contribute funds in	118874
an equitable manner to such effort.	118875

LIBRARY FOR THE BLIND

118876

The foregoing appropriation item 350605, Library for the	118877
Blind, shall be used for the statewide Talking Book Program to	118878
assist the blind and disabled.	118879

TRANSFER TO OPLIN TECHNOLOGY FUND

118880

Notwithstanding sections 5747.03 and 5747.47 of the Revised	118881
Code and any other provision of law to the contrary, in accordance	118882
with a schedule established by the Director of Budget and	118883
Management, the Director of Budget and Management shall transfer	118884
$3,702,150 cash in each fiscal year from the Public Library Fund	118885
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	118886

TRANSFER TO LIBRARY FOR THE BLIND FUND

118887

Notwithstanding sections 5747.03 and 5747.47 of the Revised	118888
Code and any other provision of law to the contrary, in accordance	118889
with a schedule established by the Director of Budget and	118890
Management, the Director of Budget and Management shall transfer	118891
$1,274,194 cash in each fiscal year from the Public Library Fund	118892
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	118893

Section 325.10. LCO LIQUOR CONTROL COMMISSION

118894

Liquor Control Fund Group	118895

7043	970321	Operating Expenses	$	772,524	$	797,524	118896
TOTAL LCF Liquor Control Fund Group			$	772,524	$	797,524	118897
TOTAL ALL BUDGET FUND GROUPS			$	772,524	$	797,524	118898

Section 327.10. LOT STATE LOTTERY COMMISSION

118900

State Lottery Fund Group	118901

2310	950604	Charitable Gaming Oversight	$	2,378,000	$	2,378,000	118902
7044	950100	Personal Services	$	31,487,285	$	31,237,206	118903
7044	950200	Maintenance	$	14,578,155	$	14,652,155	118904
7044	950300	Equipment	$	4,058,420	$	3,603,920	118905
7044	950402	Advertising Contracts	$	23,548,000	$	23,548,000	118906
7044	950403	Gaming Contracts	$	47,978,749	$	48,756,010	118907
7044	950500	Problem Gambling Subsidy	$	350,000	$	350,000	118908
7044	950601	Direct Prize Payments	$	124,426,168	$	124,884,039	118909
8710	950602	Annuity Prizes	$	89,935,565	$	89,415,976	118910
TOTAL SLF State Lottery Fund							118911
Group			$	338,740,342	$	338,825,306	118912
TOTAL ALL BUDGET FUND GROUPS			$	338,740,342	$	338,825,306	118913

OPERATING EXPENSES

118914

Notwithstanding sections 127.14 and 131.35 of the Revised	118915
Code, the Controlling Board may, at the request of the State	118916
Lottery Commission, authorize expenditures from the State Lottery	118917
Fund in excess of the amounts appropriated, up to a maximum of 15	118918
per cent of anticipated total revenue accruing from the sale of	118919
lottery tickets. Upon the approval of the Controlling Board, the	118920
additional amounts are hereby appropriated.	118921

DIRECT PRIZE PAYMENTS

118922

Any amounts, in addition to the amounts appropriated in	118923
appropriation item 950601, Direct Prize Payments, that the	118924
Director of the State Lottery Commission determines to be	118925
necessary to fund prizes, bonuses, and commissions are hereby	118926
appropriated.	118927

ANNUITY PRIZES

118928

Upon request of the State Lottery Commission, the Director of	118929
Budget and Management may transfer cash from the State Lottery	118930
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	118931
an amount sufficient to fund deferred prizes. The Treasurer of	118932
State, from time to time, shall credit the Deferred Prizes Trust	118933
Fund (Fund 8710) the pro rata share of interest earned by the	118934
Treasurer of State on invested balances.	118935

Any amounts, in addition to the amounts appropriated in	118936
appropriation item 950602, Annuity Prizes, that the Director of	118937
the State Lottery Commission determines to be necessary to fund	118938
deferred prizes and interest earnings are hereby appropriated.	118939

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

118940

The Director of Budget and Management shall transfer an	118941
amount greater than or equal to $705,000,000 in fiscal year 2010	118942
and $711,000,000 in fiscal year 2011 from the State Lottery Fund	118943
to the Lottery Profits Education Fund (Fund 7017). Transfers from	118944
the State Lottery Fund to the Lottery Profits Education Fund shall	118945
represent the estimated net income from operations for the	118946
Commission in fiscal year 2010 and fiscal year 2011. Transfers by	118947
the Director of Budget and Management to the Lottery Profits	118948
Education Fund shall be administered as the statutes direct.	118949

Section 329.10. MHC MANUFACTURED HOMES COMMISSION

118950

General Services Fund Group	118951

4K90	996609	Operating Expenses	$	434,671	$	434,671	118952
TOTAL GSF General Services							118953
Fund Group			$	434,671	$	434,671	118954
TOTAL ALL BUDGET FUND GROUPS			$	434,671	$	434,671	118955

Section 331.10. MED STATE MEDICAL BOARD

118957

General Services Fund Group	118958

5C60	883609	Operating Expenses	$	8,341,545	$	8,341,545	118959
TOTAL GSF General Services							118960
Fund Group			$	8,341,545	$	8,341,545	118961
TOTAL ALL BUDGET FUND GROUPS			$	8,341,545	$	8,341,545	118962

Section 333.10. AMB MEDICAL TRANSPORTATION BOARD

118964

General Services Fund Group	118965

4K90	915604	Operating Expenses	$	473,450	$	473,450	118966
TOTAL GSF General Services							118967
Fund Group			$	473,450	$	473,450	118968
TOTAL ALL BUDGET FUND GROUPS			$	473,450	$	473,450	118969

Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH

118971

General Revenue Fund	118972

GRF	332401	Forensic Services	$	3,904,972	$	3,904,972	118973
GRF	333321	Central Administration	$	19,204,000	$	17,204,000	118974
GRF	333402	Resident Trainees	$	637,460	$	637,460	118975
GRF	333403	Pre-Admission Screening Expenses	$	650,135	$	650,135	118976
GRF	333415	Lease-Rental Payments	$	21,626,800	$	22,360,300	118977
GRF	333416	Research Program Evaluation	$	701,086	$	701,086	118978
GRF	334408	Community and Hospital Mental Health Services	$	383,724,688	$	383,724,688	118979
GRF	334506	Court Costs	$	781,322	$	781,322	118980
GRF	335404	Behavioral Health Services-Children	$	8,460,800	$	8,460,800	118981
GRF	335405	Family & Children First	$	2,322,000	$	2,322,000	118982
GRF	335419	Community Medication Subsidy	$	9,959,798	$	9,959,798	118983
GRF	335505	Local Mental Health Systems of Care	$	85,510,483	$	65,567,856	118984
GRF	335636	Local MH Subsidy - Federal Stimulus	$	0	$	27,697,699	118985
TOTAL GRF General Revenue Fund			$	537,483,544	$	543,972,116	118986

General Services Fund Group	118987

1490	333609	Central Office Operating	$	1,350,000	$	1,350,000	118988
1490	334609	Hospital - Operating Expenses	$	28,700,000	$	29,200,000	118989
1500	334620	Special Education	$	150,000	$	150,000	118990
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	118991
1510	336601	Office of Support Services	$	159,279,140	$	170,258,490	118992
TOTAL GSF General Services Fund Group			$	189,729,140	$	201,208,490	118993

Federal Special Revenue Fund Group	118994

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	118995
3A60	333608	Community and Hospital Services	$	140,000	$	140,000	118996
3A70	333612	Social Services Block Grant	$	25,000	$	25,000	118997
3A80	333613	Federal Grant - Administration	$	4,888,105	$	4,888,105	118998
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	118999
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	119000
3240	334605	Medicaid/Medicare	$	25,200,000	$	30,200,000	119001
3A60	334608	Federal Miscellaneous	$	586,224	$	586,224	119002
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	119003
3B00	334617	Elementary/Secondary Education Act	$	182,334	$	182,334	119004
3A60	335608	Federal Miscellaneous	$	2,178,699	$	2,178,699	119005
3A70	335612	Social Services Block Grant	$	8,632,288	$	8,632,288	119006
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,595,040	$	2,595,040	119007
3A90	335614	Mental Health Block Grant	$	14,220,930	$	14,220,930	119008
3B10	335635	Community Medicaid Expansion	$	362,770,242	$	345,067,320	119009
TOTAL FED Federal Special Revenue Fund Group			$	436,213,514	$	423,510,592	119010

State Special Revenue Fund Group	119011

2320	333621	Family and Children First Administration	$	725,000	$	725,000	119012
4850	333632	Mental Health Operating	$	134,233	$	134,233	119013
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	119014
5V20	333611	Non-Federal Miscellaneous	$	560,000	$	560,000	119015
4850	334632	Mental Health Operating	$	2,400,000	$	2,400,000	119016
6920	334636	Community Mental Health Board Risk Fund	$	80,000	$	80,000	119017
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	119018
5CH0	335622	Residential Support Service	$	1,500,000	$	1,500,000	119019
6320	335616	Community Capital Replacement	$	700,000	$	700,000	119020
TOTAL SSR State Special Revenue Fund Group			$	15,789,857	$	15,789,857	119021
TOTAL ALL BUDGET FUND GROUPS			$	1,179,216,055	$	1,184,481,055	119022

Section 335.10.10. FORENSIC SERVICES

119024

The foregoing appropriation item 332401, Forensic Services,	119025
shall be used to provide psychiatric services to courts of common	119026
pleas. The appropriation shall be allocated through community	119027
mental health boards to certified community agencies and shall be	119028
distributed according to the criteria delineated in rule	119029
5122:32-01 of the Administrative Code. These community forensic	119030
funds may also be used to provide forensic training to community	119031
mental health boards and to forensic psychiatry residency programs	119032
in hospitals operated by the Department of Mental Health and to	119033
provide evaluations of patients of forensic status in facilities	119034
operated by the Department of Mental Health prior to conditional	119035
release to the community.	119036

In addition, appropriation item 332401, Forensic Services,	119037
may be used to support projects involving mental health or	119038
substance abuse, to assist courts and law enforcement to identify	119039
and develop appropriate alternative services to incarceration for	119040
nonviolent mentally ill offenders, and to provide specialized	119041
re-entry services to offenders leaving prisons and jails. Funds	119042
may also be used to provide forensic monitoring and tracking in	119043
addition to community programs serving persons of forensic status	119044
on conditional release or probation.	119045

Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS

119046

The foregoing appropriation item 333402, Resident Trainees,	119047
shall be used to fund training agreements entered into by the	119048
Director of Mental Health for the development of curricula and the	119049
provision of training programs to support public mental health	119050
services.	119051

Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES

119052

The foregoing appropriation item 333403, Pre-Admission	119053
Screening Expenses, shall be used to ensure that uniform statewide	119054
methods for pre-admission screening are in place for persons who	119055
have severe mental illness and are referred for long-term	119056
Medicaid certified nursing facility placement. Pre-admission	119057
screening includes the following activities: pre-admission	119058
assessment, consideration of continued stay requests, discharge	119059
planning and referral, and adjudication of appeals and grievance	119060
procedures.	119061

Section 335.20.30. LEASE-RENTAL PAYMENTS

119062

The foregoing appropriation item 333415, Lease-Rental	119063
Payments, shall be used to meet all payments during the period	119064
from July 1, 2009, to June 30, 2011, by the Department of Mental	119065
Health under leases and agreements made under section 154.20 of	119066
the Revised Code. These appropriations are the source of funds	119067
pledged for bond service charges on obligations issued pursuant to	119068
Chapter 154. of the Revised Code.	119069

Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES

119070

The Department of Mental Health shall administer specified	119071
Medicaid services as delegated by the Department of Job and Family	119072
Services in an interagency agreement. The foregoing appropriation	119073
item 333607, Behavioral Health Medicaid Services, may be used to	119074
make payments for free-standing psychiatric hospital inpatient	119075
services as defined in an interagency agreement with the	119076
Department of Job and Family Services.	119077

Section 335.30.10. COMMUNITY MENTAL HEALTH BOARD RISK FUND

119078

The foregoing appropriation item 334636, Community Mental	119079
Health Board Risk Fund, shall be used to make payments under	119080
section 5119.62 of the Revised Code.	119081

Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN

119082

The foregoing appropriation item 335404, Behavioral Health	119083
Services-Children, shall be used to provide behavioral health	119084
services for children and their families. Behavioral health	119085
services include mental health and alcohol and other drug	119086
treatment services and other necessary supports.	119087

The foregoing appropriation item 335404, Behavioral Health	119088
Services-Children, shall be distributed to boards of alcohol,	119089
drug addiction, and mental health services, including community	119090
mental health boards and alcohol and drug addiction boards, based	119091
upon a distribution formula approved by the Director of Mental	119092
Health. These moneys shall be used in accordance with the board's	119093
applicable plan or plans developed under sections 340.03 and	119094
340.033 of the Revised Code and in collaboration with the local	119095
family and children first council. Collaboration with the local	119096
council shall be conducted through a process defined by a system	119097
of care guidance as approved by the Ohio Family and Children	119098
First Cabinet Council.	119099

Section 335.40.15. FAMILY AND CHILDREN FIRST

119100

(A) As used in this section:

119101

(1) "At-risk individual" means an individual at great risk of	119102
not being able to access available health and social services due	119103
to barriers such as poverty, inadequate transportation, culture,	119104
and priorities of basic survival.	119105

(2) "Care coordination agency" means a person or government	119106
entity that assists at-risk individuals access available health	119107
and social services the at-risk individuals need.	119108

(3) "Regional care coordination hub" means each of the	119109
following:	119110

(a) Toledo/Lucas County CareNet;

119111

(b) Health Care Access Now in Cincinnati;

119112

119113

(B) Of the foregoing appropriation item 335405, Family &	119114
Children First, $130,000 in each fiscal year shall be provided to	119115
Toledo/Lucas County CareNet; $130,000 in each fiscal year shall be	119116
provided to Health Care Access Now in Cincinnati; and, $130,000 in	119117
each fiscal year shall be provided to the Community Health Access	119118
Project in Richland County. Each regional care coordination hub	119119
shall use the money to do all of the following:	119120

(1) Help a care coordination agency that volunteers to work	119121
with the regional care coordination hub do both of the following:	119122

(a) Identify at-risk individuals;

119123

(b) Eliminate duplicate care coordination services provided	119124
to at-risk individuals the hub helps the care coordination agency	119125
identify.	119126

(2) Collect the following information from a care	119127
coordination agency for each at-risk individual the hub helps the	119128
agency identify:	119129

(a) Whether the agency succeeded in enrolling the at-risk	119130
individual in the agency's care coordination services;	119131

(b) The duplicate care coordination services for the at-risk	119132
individual that were eliminated;	119133

(c) The health and social services the at-risk individual	119134
needs;	119135

(d) The barriers the at-risk individual has to accessing the	119136
health and social services the individual needs;	119137

(e) Whether the agency succeeded in helping the at-risk	119138
individual access the health and social services the individual	119139
needs;	119140

(f) The outcomes of the health and social services the at	119141
risk individual accessed.	119142

(3) Compile the information collected under division (B)(2)	119143
of this section and provide it to the regional care coordination	119144
hub's governing board and the Ohio Children and Family First	119145
Cabinet Council.	119146

(C) Of the foregoing appropriation item 335405, Family &	119147
Children First, $124,000 in each fiscal year shall be used by the	119148
Ohio Family and Children First Cabinet Council to provide support	119149
services to the three regional care coordination hubs, to	119150
facilitate the delivery of information from the regional care	119151
coordination hubs to the Ohio Family and Children First Cabinet	119152
Council, and to help improve care coordination services based on	119153
information from the regional care coordination hubs.	119154

Section 335.40.20. COMMUNITY MEDICATION SUBSIDY

119155

The foregoing appropriation item 335419, Community Medication	119156
Subsidy, shall be used to provide subsidized support for	119157
psychotropic medication needs of indigent citizens in the	119158
community to reduce unnecessary hospitalization because of lack of	119159
medication and to provide subsidized support for methadone costs.	119160

Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE

119161

Of the foregoing appropriation item 335505, Local Mental	119162
Health Systems of Care, $669,912 in fiscal year 2010 and	119163
$1,261,286 in fiscal year 2011 shall be provided to alcohol, drug	119164
addiction, and mental health services boards and community mental	119165
health boards to pay the nonfederal share of the one-half of one	119166
per cent increase in the Medicaid reimbursement rate ceilings for	119167
Medicaid-covered community behavioral health services provided for	119168
under the section of this act titled "INCREASE IN MEDICAID RATES	119169
FOR COMMUNITY BEHAVIORAL HEALTH SERVICES."	119170

The remainder of foregoing appropriation item 335505, Local	119171
Mental Health Systems of Care, shall be used for mental health	119172
services provided by community mental health boards in accordance	119173
with a community mental health plan submitted under section	119174
340.03 of the Revised Code and as approved by the Department of	119175
Mental Health.	119176

Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND	119177
DEVELOPMENTAL DISABILITIES	119178

General Revenue Fund	119179

GRF	320321	Central Administration	$	5,485,500	$	5,485,500	119180
GRF	320412	Protective Services	$	2,558,619	$	2,558,619	119181
GRF	320415	Lease-Rental Payments	$	21,626,800	$	22,360,300	119182
GRF	322413	Residential and Support Services	$	5,854,555	$	5,854,555	119183
GRF	322416	Medicaid Waiver - State Match	$	76,940,156	$	96,995,649	119184
GRF	322451	Family Support Services	$	6,616,953	$	6,616,953	119185
GRF	322501	County Boards Subsidies	$	82,093,807	$	49,338,483	119186
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	119187
GRF	322504	Martin Settlement	$	36,841,819	$	36,841,819	119188
GRF	322646	MR/DD Subsidy - Federal Stimulus	$	0	$	23,185,824	119189
GRF	322647	ICF/MR Franchise Fee - Developmental Centers	$	5,600,000	$	7,500,000	119190
GRF	323321	Developmental Center and Residential Facilities Operation Expenses	$	72,874,333	$	80,147,778	119191
TOTAL GRF General Revenue Fund			$	330,492,542	$	350,885,480	119192

General Services Fund Group	119193

4880	322603	Provider Audit Refunds	$	10,000	$	10,000	119194
1520	323609	Developmental Center and Residential Operating Services	$	2,500,000	$	2,600,000	119195
TOTAL GSF General Services Fund Group			$	2,510,000	$	2,610,000	119196

Federal Special Revenue Fund Group	119197

3A50	320613	DD Council	$	2,891,473	$	2,963,760	119198
3250	322612	Community Social Service Programs	$	10,494,451	$	10,494,451	119199
3G60	322639	Medicaid Waiver - Federal	$	759,888,829	$	745,540,748	119200
3M70	322650	CAFS Medicaid	$	28,465,980	$	29,349,502	119201
3A40	323605	Developmental Center and Residential Facility Services and Support	$	167,503,941	$	162,857,712	119202
TOTAL FED Federal Special Revenue Fund Group			$	969,244,674	$	951,206,173	119203

State Special Revenue Fund Group	119204

5GE0	320606	Operating and Services	$	3,760,504	$	7,521,008	119205
2210	322620	Supplement Service Trust	$	150,000	$	150,000	119206
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	119207
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	119208
5DJ0	322625	Targeted Case Management Match	$	14,881,985	$	13,716,454	119209
5DJ0	322626	Targeted Case Management Services	$	29,926,640	$	31,123,705	119210
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	119211
5EV0	322627	Program Fees	$	700,000	$	700,000	119212
5H00	322619	Medicaid Repayment	$	150,000	$	150,000	119213
5Z10	322624	County Board Waiver Match	$	158,648,995	$	169,754,424	119214
4890	323632	Developmental Center Direct Care Support	$	15,395,774	$	15,395,684	119215
5S20	590622	Medicaid Administration & Oversight	$	17,585,557	$	18,214,835	119216
TOTAL SSR State Special Revenue Fund Group			$	254,949,455	$	270,476,110	119217
TOTAL ALL BUDGET FUND GROUPS			$	1,557,196,671	$	1,575,177,763	119218

Section 337.20.10. LEASE-RENTAL PAYMENTS

119220

The foregoing appropriation item 320415, Lease-Rental	119221
Payments, shall be used to meet all payments at the time they are	119222
required to be made during the period from July 1, 2009, to June	119223
30, 2011, by the Department of Mental Retardation and	119224
Developmental Disabilities under leases and agreements made under	119225
section 154.20 of the Revised Code. These appropriations are the	119226
source of funds pledged for bond service charges or obligations	119227
issued pursuant to Chapter 154. of the Revised Code.	119228

Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES

119229

The Department of Mental Retardation and Developmental	119230
Disabilities may designate a portion of appropriation item	119231
322413, Residential and Support Services, for Sermak Class	119232
Services used to implement the requirements of the agreement	119233
settling the consent decree in Sermak v. Manuel, Case No.	119234
c-2-80-220, United States District Court for the Southern District	119235
of Ohio, Eastern Division.	119236

Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE	119237
PROGRAMS	119238

The foregoing appropriation item 322413, Residential Support	119239
Services, may be used for residential and support service	119240
programs, developed by the Department of Mental Retardation and	119241
Developmental Disabilities, that enable persons with mental	119242
retardation and developmental disabilities to live in the	119243
community.	119244

Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)

119245

Except as otherwise provided in section 5123.0416 of the	119246
Revised Code, the purposes for which the foregoing appropriation	119247
item 322416, Medicaid Waiver - State Match, shall be used include	119248
the following:	119249

(A) Home and community-based waiver services under Title XIX	119250
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	119251
as amended.	119252

(B) To pay the nonfederal share of the cost of one or more	119253
new intermediate care facilities for the mentally retarded	119254
certified beds, if the Director of Mental Retardation and	119255
Developmental Disabilities is required by this act to transfer to	119256
the Director of Job and Family Services funds to pay such	119257
nonfederal share.	119258

Section 337.30.40. FISCAL PLAN FOR HOME AND COMMUNITY-BASED	119259
WAIVER SERVICES	119260

Not later than December 31, 2009, the Director of Mental	119261
Retardation and Developmental Disabilities shall submit a plan to	119262
the Director of Job and Family Services with recommendations for	119263
actions to be taken addressing the fiscal sustainability of home	119264
and community-based services as defined in section 5123.01 of the	119265
Revised Code. The plan may include recommendations for all of the	119266
following:	119267

(A) Changing the ranges in the amount the Medicaid program	119268
will pay per individual for the home and community-based services;	119269

(B) Establishing one or more maximum amounts that the	119270
Medicaid program will pay per individual for the home and	119271
community-based services;	119272

(C) Modifying the methodology used in establishing payment	119273
rates for providers, including the methodology's component that	119274
reflects wages and benefits for persons providing direct care and	119275
the component that reflects training and direct supervision of	119276
those persons.	119277

Section 337.30.45. GOLDEN KEY CENTER FOR EXCEPTIONAL CHILDREN

119278

Of the foregoing appropriation item 322451, Family Support	119279
Services, $25,000 in each fiscal year shall be provided to the	119280
Golden Key Center for Exceptional Children for operational	119281
support.	119282

Section 337.30.50. STATE SUBSIDY TO COUNTY MR/DD BOARDS

119283

Except as otherwise provided in the section of this act	119284
titled "Nonfederal Share of New ICF/MR Beds," the Director of	119285
Mental Retardation and Developmental Disabilities, in consultation	119286
with the county boards of mental retardation and developmental	119287
disabilities, shall develop a formula for allocating the foregoing	119288
appropriation item 322501, County Boards Subsidies, to each board.	119289
The Department shall distribute this subsidy to county boards in	119290
quarterly installments.	119291

Except as otherwise provided in section 5126.0511 of the	119292
Revised Code, county boards shall use the subsidy for early	119293
childhood services and adult services provided under section	119294
5126.05 of the Revised Code, service and support administration	119295
provided under section 5126.15 of the Revised Code, and supported	119296
living as defined in section 5126.01 of the Revised Code.	119297

Section 337.30.60. COUNTY BOARD SHARE OF WAIVER SERVICES

119298

As used in this section, "home and community-based services"	119299
has the same meaning as in section 5123.01 of the Revised Code.	119300

The Director of Mental Retardation and Developmental	119301
Disabilities shall establish a methodology to be used in state	119302
fiscal years 2010 and 2011 to estimate the quarterly amount each	119303
county board of mental retardation and developmental disabilities	119304
is to pay of the nonfederal share of home and community-based	119305
services that section 5126.0510 of the Revised Code requires	119306
county boards to pay. Each quarter, the Director shall submit to a	119307
county board written notice of the amount the county board is to	119308
pay for that quarter. The notice shall specify when the payment is	119309
due.	119310

If a county board fails to make the full payment by the time	119311
it is due, the Director of Mental Retardation and Developmental	119312
Disabilities may withhold the amount the county board fails to pay	119313
from one or more of the state subsidies that the Department of	119314
Mental Retardation and Developmental Disabilities would otherwise	119315
provide to the county board. Each quarter, the Director may use	119316
one or more of the following appropriation items to transfer cash	119317
from the General Revenue Fund to the County Board Waiver Match	119318
Fund (Fund 5Z10) equal to the amount the county board failed to	119319
pay:	119320

(A) Appropriation item 322413, Residential and Support	119321
Services;	119322

(B) Appropriation item 322451, Family Support Services;

119323

119324

(D) Appropriation item 322503, Tax Equity.

119325

Transfers shall be made using an intrastate transfer voucher.

119326

Section 337.30.70. TAX EQUITY

119327

Notwithstanding section 5126.18 of the Revised Code, if the	119328
Director of Mental Retardation and Developmental Disabilities	119329
determines that there is sufficient appropriation available, the	119330
foregoing appropriation item 322503, Tax Equity, shall be used	119331
to pay each county board of mental retardation and developmental	119332
disabilities an amount that is equal to the amount the board	119333
received for fiscal year 2009. If the Director determines that	119334
there is not sufficient appropriation available for this	119335
purpose, the Department shall pay to each county board an amount	119336
that is proportionate to the amount the board received for fiscal	119337
year 2009. Proportionality shall be determined by dividing the	119338
total tax equity payments distributed to county boards for fiscal	119339
year 2009 by the tax equity payment a county board received for	119340
fiscal year 2009.	119341

Section 337.30.80. MEDICAID WAIVER - STATE MATCH (FUND 4K80)

119342

The foregoing appropriation item 322604, Medicaid Waiver -	119343
State Match (Fund 4K80), shall be used as state matching funds for	119344
home and community-based waivers.	119345

Section 337.30.85. ICF/MR CONVERSION

119346

(A) As used in this section, "home and community-based	119347
services" has the same meaning as in section 5123.01 of the	119348
Revised Code.	119349

(B) For each quarter of the biennium, the Director of Mental	119350
Retardation and Developmental Disabilities shall certify to the	119351
Director of Budget and Management the estimated amount needed to	119352
fund the provision of home and community-based services made	119353
available by the slots sought under section 5111.877 of the	119354
Revised Code. On receipt of certification, the Director of Budget	119355
and Management shall transfer the estimated amount in cash from	119356
the General Revenue Fund to the Home and Community-Based	119357
Services/Mental Retardation Fund (Fund 4K80), used by the	119358
Department of Mental Retardation and Developmental Disabilities.	119359
Upon completion of the transfer, appropriation item 600525, Health	119360
Care/Medicaid, is hereby reduced by the amount transferred under	119361
this section plus the corresponding federal share. The amount	119362
transferred to Fund 4K80 is hereby appropriated to appropriation	119363
item 322604, Medicaid Waiver – State Match.	119364

(C) If receipts credited to the Medicaid Waiver Fund (Fund	119365
3G60) exceed the amounts appropriated from the fund, the Director	119366
of Mental Retardation and Developmental Disabilities may request	119367
the Director of Budget and Management to authorize expenditures	119368
from the fund in excess of the amounts appropriated. Upon the	119369
approval of the Director of Budget and Management, the additional	119370
amounts are hereby appropriated.	119371

(D) If receipts credited to the Interagency Reimbursement	119372
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	119373
the Director of Job and Family Services may request the Director	119374
of Budget and Management to authorize expenditures from the fund	119375
in excess of the amounts appropriated. Upon approval of the	119376
Director of Budget and Management, the additional amounts are	119377
hereby appropriated.	119378

Section 337.30.90. TARGETED CASE MANAGEMENT SERVICES

119379

County boards of mental retardation and developmental	119380
disabilities shall pay the nonfederal portion of targeted case	119381
management costs to the Department of Mental Retardation and	119382
Developmental Disabilities. The Director of Mental Retardation and	119383
Developmental Disabilities shall withhold any amount owed to the	119384
Department from subsequent payments from any appropriation item	119385
or money otherwise due to a nonpaying county.	119386

The Directors of Mental Retardation and Developmental	119387
Disabilities and Job and Family Services may enter into an	119388
interagency agreement under which the Department of Mental	119389
Retardation and Developmental Disabilities shall transfer cash to	119390
the Department of Job and Family Services equal to the nonfederal	119391
portion of the cost of targeted case management services paid by	119392
county boards and the Department of Job and Family Services shall	119393
pay the total cost of targeted case management claims. The	119394
transfer shall be made using an intrastate transfer voucher.	119395

Section 337.31.10. TRANSFER TO PROGRAM FEE FUND

119396

On July 1, 2009, or as soon as possible thereafter, the	119397
Director of Mental Retardation and Developmental Disabilities	119398
shall request that the Director of Budget and Management transfer	119399
the cash balance in the Conference/Training Fund (Fund 4B50) to	119400
the Program Fee Fund (Fund 5EV0). Upon completion of the	119401
transfer, Fund 4B50 is abolished. The Director of Mental	119402
Retardation and Developmental Disabilities shall cancel any	119403
existing encumbrances against appropriation item 320640, Training	119404
and Service Development, and re-establish them against	119405
appropriation item 322627, Program Fees. The re-established	119406
encumbrances are hereby appropriated.	119407

Section 337.31.20. DEVELOPMENTAL CENTER BILLING FOR SERVICES

119408

Developmental centers of the Department of Mental Retardation	119409
and Developmental Disabilities may provide services to persons	119410
with mental retardation or developmental disabilities living in	119411
the community or to providers of services to these persons. The	119412
Department may develop a method for recovery of all costs	119413
associated with the provisions of these services.	119414

Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	119415
PHARMACY PROGRAMS	119416

The Director of Mental Retardation and Developmental	119417
Disabilities shall transfer cash to the Department of Job and	119418
Family Services quarterly, in an amount equal to the nonfederal	119419
share of Medicaid prescription drug claim costs for all	119420
developmental centers paid by the Department of Job and Family	119421
Services. The quarterly transfer shall be made using an intrastate	119422
transfer voucher.	119423

Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT	119424
SERVICES	119425

Any county funds received by the Department of Mental	119426
Retardation and Developmental Disabilities from county boards for	119427
active treatment shall be deposited in the Mental Retardation	119428
Operating Fund (Fund 4890).	119429

Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS

119430

(A) As used in this section, "intermediate care facility for	119431
the mentally retarded" has the same meaning as in section 5111.20	119432
of the Revised Code.	119433

(B) If one or more new beds obtain certification as an	119434
intermediate care facility for the mentally retarded bed on or	119435
after July 1, 2009, the Director of Mental Retardation and	119436
Developmental Disabilities shall transfer cash to the Department	119437
of Job and Family Services to pay the nonfederal share of the cost	119438
under the Medicaid Program for those beds. The transfer shall be	119439
made using an intrastate transfer voucher. Except as otherwise	119440
provided in section 5123.0416 of the Revised Code, the Director	119441
shall use only the following appropriation items for the transfer:	119442

(1) Appropriation item 322416, Medicaid Waiver - State	119443
Match;	119444

(2) Appropriation item 322501, County Boards Subsidies.

119445

(C) If the beds are located in a county served by a county	119446
board of mental retardation and developmental disabilities that	119447
initiates or supports the beds' certification, the cash that the	119448
Director transfers under division (B) of this section shall be	119449
moneys that the Director has allocated to the county board serving	119450
the county in which the beds are located unless the amount of the	119451
allocation is insufficient to pay the entire nonfederal share of	119452
the cost under the Medicaid Program for those beds. If the	119453
allocation is insufficient, the Director shall use as much of such	119454
moneys allocated to other counties as is needed to make up the	119455
difference.	119456

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

119457

General Revenue Fund	119458

GRF	149321	Operating Expenses	$	740,998	$	749,998	119459
GRF	149501	Minority Health Grants	$	1,250,440	$	1,241,440	119460
GRF	149502	Lupus Program	$	364,632	$	364,632	119461
TOTAL GRF General Revenue Fund			$	2,356,070	$	2,356,070	119462

Federal Special Revenue Fund Group	119463

3J90	149602	Federal Grants	$	179,250	$	179,250	119464
TOTAL FED Federal Special Revenue							119465
Fund Group			$	179,250	$	179,250	119466

State Special Revenue Fund Group	119467

4C20	149601	Minority Health Conference	$	47,500	$	47,500	119468
TOTAL SSR State Special Revenue							119469
Fund Group			$	47,500	$	47,500	119470
TOTAL ALL BUDGET FUND GROUPS			$	2,582,820	$	2,582,820	119471

LUPUS PROGRAM

119472

Of the foregoing appropriation item 149502, Lupus Program,	119473
$250,000 in each fiscal year shall be used for additional lupus	119474
education and awareness activities.	119475

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	119476
REGISTRATION BOARD	119477

General Service Fund Group	119478

4K90	865601	Operating Expenses	$	334,995	$	334,995	119479
TOTAL GSF General Services							119480
Fund Group			$	334,995	$	334,995	119481
TOTAL ALL BUDGET FUND GROUPS			$	334,995	$	334,995	119482

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

119484

General Revenue Fund	119485

GRF	725401	Wildlife-GRF Central Support	$	2,300,000	$	2,300,000	119486
GRF	725413	Lease Rental Payments	$	21,417,400	$	21,556,500	119487
GRF	725423	Stream and Ground Water Gauging	$	175,000	$	175,000	119488
GRF	725456	Canal Lands	$	300,000	$	300,000	119489
GRF	725502	Soil and Water Districts	$	4,500,000	$	900,000	119490
GRF	725652	Natural Resources Operations	$	4,886,947	$	4,492,839	119491
GRF	725903	Natural Resources General Obligation Debt Service	$	26,334,400	$	26,549,400	119492
GRF	727321	Division of Forestry	$	6,906,376	$	6,906,376	119493
GRF	728321	Division of Geological Survey	$	1,550,000	$	1,550,000	119494
GRF	729321	Office of Information Technology	$	350,000	$	350,000	119495
GRF	730321	Division of Parks and Recreation	$	36,119,971	$	36,119,971	119496
GRF	736321	Division of Engineering	$	3,000,000	$	3,000,000	119497
GRF	737321	Division of Soil and Water Resources	$	6,628,562	$	6,628,562	119498
GRF	738321	Division of Real Estate and Land Management	$	2,000,000	$	2,000,000	119499
GRF	741321	Division of Natural Areas and Preserves	$	2,339,873	$	2,333,981	119500
GRF	744321	Division of Mineral Resources Management	$	5,029,708	$	4,152,364	119501
TOTAL GRF General Revenue Fund			$	123,838,237	$	119,314,993	119502

General Services Fund Group	119503

1550	725601	Departmental Projects	$	2,235,462	$	2,319,955	119504
1570	725651	Central Support Indirect	$	6,500,000	$	6,500,000	119505
2040	725687	Information Services	$	4,200,000	$	4,400,448	119506
2070	725690	Real Estate Services	$	130,000	$	132,000	119507
2230	725665	Law Enforcement Administration	$	2,062,410	$	2,062,410	119508
2270	725406	Parks Projects Personnel	$	250,000	$	250,000	119509
4300	725671	Canal Lands	$	916,541	$	922,424	119510
4D50	725618	Recycled Materials	$	100,000	$	100,000	119511
4S90	725622	NatureWorks Personnel	$	412,740	$	412,740	119512
4X80	725662	Water Resources Council	$	138,900	$	138,900	119513
5080	725684	Natural Resources Publications	$	221,607	$	177,295	119514
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	119515
5160	725620	Water Management	$	2,931,513	$	2,931,513	119516
6350	725664	Fountain Square Facilities Management	$	3,715,398	$	3,715,398	119517
6970	725670	Submerged Lands	$	1,072,011	$	772,011	119518
TOTAL GSF General Services							119519
Fund Group			$	25,190,193	$	25,138,705	119520

Federal Special Revenue Fund Group	119521

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	119522
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	119523
3B40	725641	Federal Flood Pass-Thru	$	700,000	$	700,000	119524
3B50	725645	Federal Abandoned Mine Lands	$	14,307,667	$	14,307,667	119525
3B60	725653	Federal Land and Water Conservation Grants	$	2,000,000	$	2,000,000	119526
3B70	725654	Reclamation - Regulatory	$	2,394,565	$	2,388,775	119527
3P00	725630	Natural Areas and Preserves - Federal	$	215,000	$	215,000	119528
3P10	725632	Geological Survey - Federal	$	689,506	$	692,401	119529
3P20	725642	Oil and Gas-Federal	$	231,456	$	234,509	119530
3P30	725650	Coastal Management - Federal	$	1,711,237	$	1,711,237	119531
3P40	725660	Federal - Soil and Water Resources	$	316,734	$	316,734	119532
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	119533
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	119534
TOTAL FED Federal Special Revenue							119535
Fund Group			$	27,299,268	$	27,299,426	119536

State Special Revenue Fund Group	119537

4J20	725628	Injection Well Review	$	119,895	$	119,996	119538
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	119539
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	119540
5090	725602	State Forest	$	6,211,924	$	6,211,924	119541
5110	725646	Ohio Geological Mapping	$	724,310	$	723,515	119542
5120	725605	State Parks Operations	$	29,885,528	$	29,885,528	119543
5140	725606	Lake Erie Shoreline	$	1,074,113	$	974,113	119544
5180	725643	Oil and Gas Permit Fees	$	2,574,378	$	2,574,378	119545
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	119546
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	119547
5220	725656	Natural Areas and Preserves	$	1,550,670	$	1,550,670	119548
5260	725610	Strip Mining Administration Fee	$	3,267,587	$	3,364,361	119549
5270	725637	Surface Mining Administration	$	1,946,591	$	1,946,591	119550
5290	725639	Unreclaimed Land Fund	$	2,021,713	$	2,023,831	119551
5310	725648	Reclamation Forfeiture	$	2,062,237	$	2,062,237	119552
5320	725644	Litter Control and Recycling	$	6,280,681	$	6,280,681	119553
5860	725633	Scrap Tire Program	$	1,500,000	$	1,500,000	119554
5BV0	725683	Soil and Water Districts	$	10,875,577	$	15,104,906	119555
5B30	725674	Mining Regulation	$	28,850	$	28,850	119556
5CU0	725647	Mine Safety	$	3,053,843	$	3,199,923	119557
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	119558
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	119559
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	119560
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	119561
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	119562
6150	725661	Dam Safety	$	807,403	$	807,403	119563
TOTAL SSR State Special Revenue							119564
Fund Group			$	75,179,290	$	79,552,897	119565

Clean Ohio Conservation Fund Group	119566

7061	725405		Clean Ohio Operating		$	310,000		$	310,000		119567
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		119568

Wildlife Fund Group	119569

5P20	725634	Wildlife Boater Angler Administration	$	2,000,000	$	2,000,000	119570
7015	740401	Division of Wildlife Conservation	$	58,614,436	$	54,906,000	119571
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	119572
8160	725649	Wetlands Habitat	$	966,885	$	966,885	119573
8170	725655	Wildlife Conservation Checkoff Fund	$	2,800,000	$	2,800,000	119574
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	119575
8190	725685	Ohio River Management	$	128,584	$	128,584	119576
TOTAL WLF Wildlife Fund Group			$	66,130,354	$	62,421,918	119577

Waterways Safety Fund Group	119578

7086	725414	Waterways Improvement	$	4,265,575	$	4,265,575	119579
7086	725418	Buoy Placement	$	52,182	$	52,182	119580
7086	725501	Waterway Safety Grants	$	137,867	$	137,867	119581
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	119582
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	119583
7086	739401	Division of Watercraft	$	19,949,181	$	19,949,181	119584
TOTAL WSF Waterways Safety Fund							119585
Group			$	25,347,601	$	25,347,601	119586

Accrued Leave Liability Fund Group	119587

4M80	725675	FOP Contract	$	20,844	$	20,844	119588
TOTAL ALF Accrued Leave							119589
Liability Fund Group			$	20,844	$	20,844	119590

Holding Account Redistribution Fund Group	119591

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	119592
R043	725624	Forestry	$	2,000,000	$	2,000,000	119593
TOTAL 090 Holding Account							119594
Redistribution Fund Group			$	2,296,263	$	2,296,263	119595
TOTAL ALL BUDGET FUND GROUPS			$	345,612,050	$	341,702,647	119596

Section 343.20. CENTRAL SUPPORT INDIRECT

119598

With the exception of the Division of Wildlife, whose direct	119599
and indirect central support charges shall be paid out of the	119600
General Revenue Fund from the foregoing appropriation item	119601
725401, Wildlife-GRF Central Support, the Department of Natural	119602
Resources, with approval of the Director of Budget and Management,	119603
shall utilize a methodology for determining each division's	119604
payments into the Central Support Indirect Fund (Fund 1570). The	119605
methodology used shall contain the characteristics of	119606
administrative ease and uniform application in compliance with	119607
federal grant requirements. It may include direct cost charges for	119608
specific services provided. Payments to Fund 1570 shall be made	119609
using an intrastate transfer voucher.	119610

Section 343.20.10. FEDERAL ECONOMIC STIMULUS/RECOVERY FUNDS

119611

The foregoing appropriation item 725652, Natural Resources	119612
Operations, shall be used to support services of the Department	119613
of Natural Resources consistent with funds received from the	119614
federal government for fiscal stabilization and recovery	119615
purposes.	119616

Section 343.20.20. WELL LOG FILING FEES

119617

The Chief of the Division of Water shall deposit fees	119618
forwarded to the Division pursuant to section 1521.05 of the	119619
Revised Code into the Departmental Services – Intrastate Fund	119620
(Fund 1550) for the purposes described in that section.	119621

Section 343.30. LEASE RENTAL PAYMENTS

119622

The foregoing appropriation item 725413, Lease Rental	119623
Payments, shall be used to meet all payments at the times they are	119624
required to be made during the period from July 1, 2009, to June	119625
30, 2011, by the Department of Natural Resources pursuant to	119626
leases and agreements made under section 154.22 of the Revised	119627
Code. These appropriations are the source of funds pledged for	119628
bond service charges or obligations issued pursuant to Chapter	119629
154. of the Revised Code.	119630

CANAL LANDS

119631

The foregoing appropriation item 725456, Canal Lands, shall	119632
be used to transfer funds to the Canal Lands Fund (Fund 4300) to	119633
provide operating expenses for the State Canal Lands Program. The	119634
transfer shall be made using an intrastate transfer voucher and	119635
shall be subject to the approval of the Director of Budget and	119636
Management.	119637

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

119638

The foregoing appropriation item 725903, Natural Resources	119639
General Obligation Debt Service, shall be used to pay all debt	119640
service and related financing costs during the period July 1,	119641
2009, to June 30, 2011, on obligations issued under sections	119642
151.01 and 151.05 of the Revised Code.	119643

Section 343.30.10. FOUNTAIN SQUARE

119644

The foregoing appropriation item 725664, Fountain Square	119645
Facilities Management, shall be used for payment of repairs,	119646
renovation, utilities, property management, and building	119647
maintenance expenses for the Fountain Square complex. Cash	119648
transferred by intrastate transfer vouchers from various	119649
department funds and rental income received by the Department of	119650
Natural Resources shall be deposited into the Fountain Square	119651
Facilities Management Fund (Fund 6350).	119652

Section 343.40. SOIL AND WATER DISTRICTS

119653

In addition to state payments to soil and water conservation	119654
districts authorized by section 1515.10 of the Revised Code, the	119655
Department of Natural Resources may use appropriation item 725502,	119656
Soil and Water Districts, to pay any soil and water conservation	119657
district an annual amount not to exceed $30,000, upon receipt of	119658
a request and justification from the district and approval by the	119659
Ohio Soil and Water Conservation Commission. The county auditor	119660
shall credit the payments to the special fund established under	119661
section 1515.10 of the Revised Code for the local soil and water	119662
conservation district. Moneys received by each district shall be	119663
expended for the purposes of the district.	119664

The foregoing appropriation item 725683, Soil and Water	119665
Districts, shall be expended for the purposes described above,	119666
except that the funding source for this appropriation shall be	119667
fees applied on the disposal of construction and demolition	119668
debris and municipal solid waste as provided in section 1515.14 of	119669
the Revised Code.	119670

OIL AND GAS WELL PLUGGING

119671

The foregoing appropriation item 725677, Oil and Gas Well	119672
Plugging, shall be used exclusively for the purposes of plugging	119673
wells and to properly restore the land surface of idle and orphan	119674
oil and gas wells pursuant to section 1509.071 of the Revised	119675
Code. No funds from the appropriation item shall be used for	119676
salaries, maintenance, equipment, or other administrative	119677
purposes, except for those costs directly attributed to the	119678
plugging of an idle or orphan well. This appropriation item shall	119679
not be used to transfer cash to any other fund or appropriation	119680
item.	119681

LITTER CONTROL AND RECYCLING

119682

Of the foregoing appropriation item 725644, Litter Control	119683
and Recycling, up to $1,500,000 may be used in each fiscal year	119684
for the administration of the Recycling and Litter Prevention	119685
Program.	119686

Section 343.40.10. CLEAN OHIO OPERATING EXPENSES

119687

The foregoing appropriation item 725405, Clean Ohio	119688
Operating, shall be used by the Department of Natural Resources in	119689
administering section 1519.05 of the Revised Code.	119690

Section 343.50. WATERCRAFT MARINE PATROL

119691

Of the foregoing appropriation item 739401, Division of	119692
Watercraft, up to $200,000 in each fiscal year shall be expended	119693
for the purchase of equipment for marine patrols qualifying for	119694
funding from the Department of Natural Resources pursuant to	119695
section 1547.67 of the Revised Code. Proposals for equipment shall	119696
accompany the submission of documentation for receipt of a marine	119697
patrol subsidy pursuant to section 1547.67 of the Revised Code and	119698
shall be loaned to eligible marine patrols pursuant to a	119699
cooperative agreement between the Department of Natural Resources	119700
and the eligible marine patrol.	119701

Section 343.60. PARKS CAPITAL EXPENSES FUND

119702

The Director of Natural Resources shall submit to the	119703
Director of Budget and Management the estimated design,	119704
engineering, and planning costs of capital-related work to be done	119705
by Department of Natural Resources staff for parks projects. If	119706
the Director of Budget and Management approves the estimated	119707
costs, the Director may release appropriations from appropriation	119708
item C725E6, Project Planning, in the Parks and Recreation	119709
Improvement Fund (Fund 7035), for those purposes. Upon release of	119710
the appropriations, the Department of Natural Resources shall pay	119711
for these expenses from the Parks Capital Expenses Fund (Fund	119712
2270). Expenses paid from Fund 2270 shall be reimbursed by Fund	119713
7035 using an intrastate transfer voucher.	119714

NATUREWORKS CAPITAL EXPENSES FUND

119715

The Department of Natural Resources shall periodically	119716
prepare and submit to the Director of Budget and Management the	119717
estimated design, planning, and engineering costs of	119718
capital-related work to be done by Department of Natural Resources	119719
staff for each capital improvement project within the Ohio Parks	119720
and Natural Resources Fund (Fund 7031). If the Director of Budget	119721
and Management approves the estimated costs, the Director may	119722
release appropriations from appropriation item C725E5, Project	119723
Planning, in fund 7031, for those purposes. Upon release of the	119724
appropriations, the Department of Natural Resources shall pay for	119725
these expenses from the Capital Expenses Fund (Fund 4S90).	119726
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	119727
using an intrastate transfer voucher.	119728

Section 345.10. NUR STATE BOARD OF NURSING

119729

General Services Fund Group	119730

4K90	884609	Operating Expenses	$	5,661,280	$	5,661,280	119731
5AC0	884602	Nurse Education Grant Program	$	1,450,000	$	1,450,000	119732
5P80	884601	Nursing Special Issues	$	5,000	$	5,000	119733
TOTAL GSF General Services							119734
Fund Group			$	7,116,280	$	7,116,280	119735
TOTAL ALL BUDGET FUND GROUPS			$	7,116,280	$	7,116,280	119736

NURSING SPECIAL ISSUES

119737

The foregoing appropriation item 884601, Nursing Special	119738
Issues (Fund 5P80), shall be used to pay the costs the Board of	119739
Nursing incurs in implementing section 4723.062 of the Revised	119740
Code.	119741

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	119742
AND ATHLETIC TRAINERS BOARD	119743

General Services Fund Group	119744

4K90	890609	Operating Expenses	$	963,984	$	963,984	119745
TOTAL GSF General Services Fund Group			$	963,984	$	963,984	119746
TOTAL ALL BUDGET FUND GROUPS			$	963,984	$	963,984	119747

Section 348.10. OLA OHIOANA LIBRARY ASSOCIATION

119749

General Revenue Fund	119750

GRF	355501	Library Subsidy	$	160,000	$	160,000	119751
TOTAL GRF General Revenue Fund			$	160,000	$	160,000	119752
TOTAL ALL BUDGET FUND GROUPS			$	160,000	$	160,000	119753

Section 349.10. ODB OHIO OPTICAL DISPENSERS BOARD

119755

General Services Fund Group	119756

4K90	894609	Operating Expenses	$	345,324	$	345,324	119757
TOTAL GSF General Services							119758
Fund Group			$	345,324	$	345,324	119759
TOTAL ALL BUDGET FUND GROUPS			$	345,324	$	345,324	119760

Section 351.10. OPT STATE BOARD OF OPTOMETRY

119762

General Services Fund Group	119763

4K90	885609	Operating Expenses	$	351,071	$	351,071	119764
TOTAL GSF General Services							119765
Fund Group			$	351,071	$	351,071	119766
TOTAL ALL BUDGET FUND GROUPS			$	351,071	$	351,071	119767

Section 353.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	119769
AND PEDORTHICS	119770

General Services Fund Group	119771

4K90	973609	Operating Expenses	$	116,260	$	116,260	119772
TOTAL GSF General Services							119773
Fund Group			$	116,260	$	116,260	119774
TOTAL ALL BUDGET FUND GROUPS			$	116,260	$	116,260	119775

Section 355.10. UST PETROLEUM UNDERGROUND STORAGE TANK

119776

Agency Fund Group	119777

6910	810632	PUSTRCB Staff	$	1,134,860	$	1,144,627	119778
TOTAL AGY Agency Fund Group			$	1,134,860	$	1,144,627	119779
TOTAL ALL BUDGET FUND GROUPS			$	1,134,860	$	1,144,627	119780

Section 357.10. PRX STATE BOARD OF PHARMACY

119782

General Services Fund Group	119783

4A50	887605	Drug Law Enforcement	$	75,500	$	75,500	119784
4K90	887609	Operating Expenses	$	5,251,032	$	5,251,032	119785
TOTAL GSF General Services Fund Group			$	5,326,532	$	5,326,532	119786

Federal Special Revenue Fund Group	119787

3BC0	887604	Dangerous Drugs Database	$	493,164	$	500,891	119788
TOTAL FED Federal Special Revenue Fund Group			$	493,164	$	500,891	119789
TOTAL ALL BUDGET FUND GROUPS			$	5,819,696	$	5,827,423	119790

Section 359.10. PSY STATE BOARD OF PSYCHOLOGY

119792

General Services Fund Group	119793

4K90	882609	Operating Expenses	$	566,000	$	586,000	119794
TOTAL GSF General Services							119795
Fund Group			$	566,000	$	586,000	119796
TOTAL ALL BUDGET FUND GROUPS			$	566,000	$	586,000	119797

Section 361.10. PUB OHIO PUBLIC DEFENDER COMMISSION

119799

General Revenue Fund	119800

GRF	019321	Public Defender Administration	$	772,500	$	612,600	119801
GRF	019401	State Legal Defense Services	$	4,377,500	$	3,471,400	119802
GRF	019403	Multi-County: State Share	$	1,308,201	$	1,456,835	119803
GRF	019404	Trumbull County - State Share	$	430,217	$	467,727	119804
GRF	019405	Training Account	$	50,000	$	50,000	119805
GRF	019501	County Reimbursement	$	22,767,720	$	17,898,638	119806
TOTAL GRF General Revenue Fund			$	29,706,138	$	23,957,200	119807

General Services Fund Group	119808

4070	019604	County Representation	$	196,650	$	207,143	119809
4080	019605	Client Payments	$	865,798	$	886,500	119810
5CX0	019617	Civil Case Filing Fee	$	743,076	$	772,121	119811
TOTAL GSF General Services							119812
Fund Group			$	1,805,524	$	1,865,764	119813

Federal Special Revenue Fund Group	119814

3S80	019608	Federal Representation	$	202,347	$	212,303	119815
TOTAL FED Federal Special Revenue							119816
Fund Group			$	202,347	$	212,303	119817

State Special Revenue Fund Group	119818

4C70	019601	Multi-County: County Share	$	2,227,056	$	2,384,210	119819
4X70	019610	Trumbull County - County Share	$	732,393	$	765,467	119820
5740	019606	Civil Legal Aid	$	35,000,000	$	35,000,000	119821
5DY0	019618	Indigent Defense Support - County Share	$	27,783,000	$	37,044,000	119822
5DY0	019619	Indigent Defense Support Fund - State Office	$	3,087,000	$	4,116,000	119823
TOTAL SSR State Special Revenue							119824
Fund Group			$	68,829,449	$	79,309,677	119825
TOTAL ALL BUDGET FUND GROUPS			$	100,543,458	$	105,344,944	119826

INDIGENT DEFENSE OFFICE

119827

The foregoing appropriation items 019404, Trumbull County -	119828
State Share, and 019610, Trumbull County - County Share, shall be	119829
used to support an indigent defense office for Trumbull County.	119830

MULTI-COUNTY OFFICE

119831

The foregoing appropriation items 019403, Multi-County: State	119832
Share, and 019601, Multi-County: County Share, shall be used to	119833
support the Office of the Ohio Public Defender's Multi-County	119834
Branch Office Program.	119835

TRAINING ACCOUNT

119836

The foregoing appropriation item 019405, Training Account,	119837
shall be used by the Ohio Public Defender to provide legal	119838
training programs at no cost for private appointed counsel who	119839
represent at least one indigent defendant at no cost and for state	119840
and county public defenders and attorneys who contract with the	119841
Ohio Public Defender to provide indigent defense services.	119842

FEDERAL REPRESENTATION

119843

The foregoing appropriation item 019608, Federal	119844
Representation, shall be used to receive reimbursements from the	119845
federal courts when the Ohio Public Defender provides	119846
representation in federal court cases and to support	119847
representation in such cases.	119848

Section 363.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

119849

General Services Fund Group	119850

5F60	870622	Utility and Railroad Regulation	$	34,455,627	$	34,455,627	119851
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	158,000	119852
5F60	870625	Motor Transportation Regulation	$	6,071,829	$	6,071,829	119853
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	119854
TOTAL GSF General Services							119855
Fund Group			$	45,685,456	$	45,685,456	119856

Federal Special Revenue Fund Group	119857

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	119858
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	119859
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	119860
TOTAL FED Federal Special Revenue							119861
Fund Group			$	8,049,619	$	8,049,619	119862

State Special Revenue Fund Group	119863

4A30	870614	Grade Crossing Protection Devices-State	$	1,349,757	$	1,349,757	119864
4L80	870617	Pipeline Safety-State	$	187,621	$	187,621	119865
4S60	870618	Hazardous Material Registration	$	464,325	$	464,325	119866
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	373,346	119867
4U80	870620	Civil Forfeitures	$	284,986	$	284,986	119868
5590	870605	Public Utilities Territorial Administration	$	4,000	$	4,000	119869
5600	870607	Special Assessment	$	100,000	$	100,000	119870
5610	870606	Power Siting Board	$	647,893	$	647,893	119871
5BP0	870623	Wireless 9-1-1 Administration	$	34,417,000	$	36,443,000	119872
6380	870611	Biofuels/Municipal Waste Technology	$	40,000	$	40,000	119873
6610	870612	Hazardous Materials Transportation	$	900,000	$	900,000	119874
TOTAL SSR State Special Revenue							119875
Fund Group			$	38,768,928	$	40,794,928	119876
TOTAL ALL BUDGET FUND GROUPS			$	92,504,003	$	94,530,003	119877

Section 365.10. PWC PUBLIC WORKS COMMISSION

119879

General Revenue Fund	119880

GRF	150904	Conservation General Obligation Debt Service	$	20,711,100	$	25,684,900	119881
GRF	150907	State Capital Improvements	$	148,331,900	$	163,443,500	119882
		General Obligation Debt Service					119883
TOTAL GRF General Revenue Fund			$	169,043,000	$	189,128,400	119884

Local Infrastructure Improvements Fund Group	119885

7039	150909		Local Infrastructure Development		$	261,027		$	269,555		119886
TOTAL LIF Local Infrastructure Improvements Fund Group					$	261,027		$	269,555		119887

Clean Ohio Conservation Fund Group	119888

7056	150403	Clean Ohio Operating Expenses	$	304,332	$	311,509	119889
TOTAL 056 Clean Ohio Conservation Fund Group			$	304,332	$	311,509	119890
TOTAL ALL BUDGET FUND GROUPS			$	169,608,359	$	189,709,464	119891

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

119892

The foregoing appropriation item 150904, Conservation General	119893
Obligation Debt Service, shall be used to pay all debt service and	119894
related financing costs during the period from July 1, 2009,	119895
through June 30, 2011, at the times they are required to be made	119896
for obligations issued under sections 151.01 and 151.09 of the	119897
Revised Code.	119898

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

119899

The foregoing appropriation item 150907, State Capital	119900
Improvements General Obligation Debt Service, shall be used to pay	119901
all debt service and related financing costs during the period	119902
from July 1, 2009, to June 30, 2011, at the times they are	119903
required to be made for obligations issued under sections 151.01	119904
and 151.08 of the Revised Code.	119905

CLEAN OHIO OPERATING EXPENSES

119906

The foregoing appropriation item 150403, Clean Ohio	119907
Operating Expenses, shall be used by the Ohio Public Works	119908
Commission in administering sections 164.20 to 164.27 of the	119909
Revised Code.	119910

REIMBURSEMENT TO THE GENERAL REVENUE FUND

119911

(A) On or before July 15, 2011, the Director of the Public	119912
Works Commission shall certify to the Director of Budget and	119913
Management the following:	119914

(1) The total amount disbursed from appropriation item	119915
700409, Farmland Preservation, during the FY 2010-FY 2011	119916
biennium; and	119917

(2) The amount of interest earnings that have been credited	119918
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	119919
of the amount needed for other purposes as calculated by the	119920
Director of the Public Works Commission.	119921

(B) If the Director of Budget and Management determines under	119922
division (A)(2) of this section that there are excess interest	119923
earnings, the Director of Budget and Management shall, on or	119924
before July 15, 2011, transfer the excess interest earnings to the	119925
General Revenue Fund in an amount equal to the total amount	119926
disbursed under division (A)(1) of this section from the Clean	119927
Ohio Conservation Fund.	119928

Section 367.10. RAC STATE RACING COMMISSION

119929

State Special Revenue Fund Group	119930

5620	875601	Thoroughbred Race Fund	$	2,300,000	$	2,300,000	119931
5630	875602	Standardbred Development Fund	$	1,900,000	$	1,900,000	119932
5640	875603	Quarterhorse Development Fund	$	1,000	$	1,000	119933
5650	875604	Racing Commission Operating	$	3,742,342	$	3,758,818	119934
5C40	875607	Simulcast Horse Racing Purse	$	14,000,000	$	14,000,000	119935
TOTAL SSR State Special Revenue							119936
Fund Group			$	21,943,342	$	21,959,818	119937

Holding Account Redistribution Fund Group	119938

R021	875605	Bond Reimbursements	$	145,000	$	145,000	119939
TOTAL 090 Holding Account Redistribution							119940
Fund Group			$	145,000	$	145,000	119941
TOTAL ALL BUDGET FUND GROUPS			$	22,088,342	$	22,104,818	119942

Section 371.10. BOR BOARD OF REGENTS

119944

General Revenue Fund	119945

GRF	235321	Operating Expenses	$	2,439,835	$	2,439,835	119946
GRF	235401	Lease Rental Payments	$	124,461,100	$	107,897,100	119947
GRF	235402	Sea Grants	$	375,000	$	375,000	119948
GRF	235406	Articulation and Transfer	$	2,610,000	$	2,610,000	119949
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	119950
GRF	235409	Information System	$	966,804	$	966,804	119951
GRF	235414	State Grants and Scholarship Administration	$	1,458,109	$	1,458,109	119952
GRF	235415	Jobs Challenge	$	4,967,492	$	4,967,492	119953
GRF	235417	Ohio Learning Network	$	2,807,546	$	2,807,546	119954
GRF	235428	Appalachian New Economy Partnership	$	981,887	$	981,887	119955
GRF	235433	Economic Growth Challenge	$	527,541	$	527,541	119956
GRF	235434	College Readiness and Access	$	4,240,000	$	4,240,000	119957
GRF	235435	Teacher Improvement Initiatives	$	524,000	$	524,000	119958
GRF	235438	Choose Ohio First Scholarship	$	13,000,000	$	16,000,000	119959
GRF	235441	Co-Op/Internship Program	$	49,000,000	$	50,000,000	119960
GRF	235442	Teacher Fellowship	$	0	$	2,500,000	119961
GRF	235443	Adult Basic and Literacy Education - State	$	7,650,264	$	7,650,264	119962
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,791,288	$	15,791,286	119963
GRF	235474	Area Health Education Centers Program Support	$	1,091,833	$	1,091,833	119964
GRF	235501	State Share of Instruction	$	1,672,708,351	$	1,675,554,971	119965
GRF	235502	Student Support Services	$	714,406	$	714,406	119966
GRF	235504	War Orphans Scholarships	$	4,331,089	$	4,331,089	119967
GRF	235507	OhioLINK	$	6,632,281	$	6,632,281	119968
GRF	235508	Air Force Institute of Technology	$	1,840,659	$	1,840,659	119969
GRF	235509	Women In Transition	$	125,000	$	125,000	119970
GRF	235510	Ohio Supercomputer Center	$	3,834,386	$	3,834,386	119971
GRF	235511	Cooperative Extension Service	$	23,518,608	$	22,467,678	119972
GRF	235513	Ohio University Voinovich School	$	484,630	$	484,630	119973
GRF	235514	Central State Supplement	$	12,384,106	$	12,384,106	119974
GRF	235515	Case Western Reserve University School of Medicine	$	2,603,096	$	2,603,096	119975
GRF	235519	Family Practice	$	3,840,127	$	3,840,127	119976
GRF	235520	Shawnee State Supplement	$	2,577,393	$	2,577,393	119977
GRF	235521	The Ohio State University John Glenn School of Public Affairs	$	434,630	$	434,630	119978
GRF	235524	Police and Fire Protection	$	123,498	$	123,498	119979
GRF	235525	Geriatric Medicine	$	633,294	$	633,294	119980
GRF	235526	Primary Care Residencies	$	1,895,962	$	1,895,962	119981
GRF	235527	Ohio Aerospace Institute	$	1,468,104	$	1,468,104	119982
GRF	235535	Ohio Agricultural Research and Development Center	$	34,000,000	$	34,000,000	119983
GRF	235536	The Ohio State University Clinical Teaching	$	11,727,036	$	11,727,036	119984
GRF	235537	University of Cincinnati Clinical Teaching	$	9,645,328	$	9,645,328	119985
GRF	235538	University of Toledo Clinical Teaching	$	7,518,011	$	7,518,011	119986
GRF	235539	Wright State University Clinical Teaching	$	3,652,395	$	3,652,395	119987
GRF	235540	Ohio University Clinical Teaching	$	3,530,882	$	3,530,882	119988
GRF	235541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	3,631,508	$	3,631,508	119989
GRF	235552	Capital Component	$	20,382,568	$	20,382,568	119990
GRF	235553	Dayton Area Graduate Studies Institute	$	300,000	$	300,000	119991
GRF	235555	Library Depositories	$	1,522,963	$	1,522,963	119992
GRF	235556	Ohio Academic Resources Network	$	3,354,501	$	3,354,501	119993
GRF	235558	Long-term Care Research	$	223,711	$	223,711	119994
GRF	235563	Ohio College Opportunity Grant	$	120,000,000	$	135,000,000	119995
GRF	235567	Central State University Speed to Scale	$	1,775,254	$	0	119996
GRF	235572	The Ohio State University Clinic Support	$	929,591	$	929,591	119997
GRF	235576	Nonpublic Need-Based Financial Aid	$	70,000,000	$	70,000,000	119998
GRF	235579	Bliss Institute	$	313,984	$	313,984	119999
GRF	235580	Entrepreneurship Education Program	$	50,000	$	50,000	120000
GRF	235583	Urban University Program	$	3,340,426	$	3,340,426	120001
GRF	235587	Rural University Projects	$	708,693	$	708,693	120002
GRF	235596	Hazardous Materials Program	$	373,858	$	373,858	120003
GRF	235599	National Guard Scholarship Program	$	14,912,271	$	14,912,271	120004
GRF	235644	State Share of Instruction - Federal Stimulus - Education	$	309,874,026	$	308,802,662	120005
GRF	235646	SSI - Federal Stimulus - Government Services	$	87,955,700	$	103,302,363	120006
GRF	235909	Higher Education General Obligation Debt Service	$	85,317,700	$	89,480,300	120007
TOTAL GRF General Revenue Fund			$	2,768,177,725	$	2,791,572,058	120008

General Services Fund Group	120009

2200	235614	Program Approval and Reauthorization	$	3,000,000	$	3,000,000	120010
4560	235603	Sales and Services	$	700,000	$	700,000	120011
TOTAL GSF General Services							120012
Fund Group			$	3,700,000	$	3,700,000	120013

Federal Special Revenue Fund Group	120014

3120	235609	Tech Prep	$	183,849	$	183,849	120015
3120	235611	Gear-up Grant	$	3,900,000	$	3,900,000	120016
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	120017
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	120018
3120	235641	Adult Basic Literacy Education - Federal	$	17,869,546	$	17,869,546	120019
3BE0	235636	Adult Education and Family Literacy Act Incentive Grant	$	1,783,583	$	1,783,583	120020
3BG0	235626	Star Schools	$	250,000	$	0	120021
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	120022
3N60	235605	State Student Incentive Grants	$	2,533,339	$	2,533,339	120023
3N60	235638	College Access Challenge Grant	$	2,268,044	$	2,268,044	120024
TOTAL FED Federal Special Revenue							120025
Fund Group			$	36,401,322	$	36,151,322	120026

State Special Revenue Fund Group	120027

4E80	235602	Higher Educational Facility Commission Administration	$	45,000	$	45,000	120028
6490	235607	The Ohio State University Highway/Transportation Research	$	600,000	$	600,000	120029
6820	235606	Nursing Loan Program	$	893,000	$	893,000	120030
TOTAL SSR State Special Revenue							120031
Fund Group			$	1,538,000	$	1,538,000	120032

Third Frontier Research & Development Fund Group	120033

7011	235634	Research Incentive Third Frontier Fund	$	10,000,000	$	10,000,000	120034
TOTAL 7011 Third Frontier Research & Development Fund Group			$	10,000,000	$	10,000,000	120035
TOTAL ALL BUDGET FUND GROUPS			$	2,819,817,047	$	2,842,961,380	120036

Section 371.10.10. LEASE RENTAL PAYMENTS

120038

The foregoing appropriation item 235401, Lease Rental	120039
Payments, shall be used to meet all payments at the times they are	120040
required to be made during the period from July 1, 2009, to June	120041
30, 2011, by the Chancellor of the Board of Regents under leases	120042
and agreements made under section 154.21 of the Revised Code.	120043
These appropriations are the source of funds pledged for bond	120044
service charges or obligations issued pursuant to Chapter 154. of	120045
the Revised Code.	120046

Section 371.10.15. SEA GRANTS

120047

The foregoing appropriation item 235402, Sea Grants, shall be	120048
disbursed to The Ohio State University and shall be used to	120049
conduct research on fish in Lake Erie.	120050

Section 371.10.20. ARTICULATION AND TRANSFER

120051

The foregoing appropriation item 235406, Articulation and	120052
Transfer, shall be used by the Chancellor of the Board of Regents	120053
to maintain and expand the work of the Articulation and Transfer	120054
Council to develop a system of transfer policies to ensure that	120055
students at state institutions of higher education can transfer	120056
and have coursework apply to their majors and degrees at any	120057
other state institution of higher education without unnecessary	120058
duplication or institutional barriers under sections 3333.16,	120059
3333.161, and 3333.162 of the Revised Code.	120060

Section 371.10.30. MIDWEST HIGHER EDUCATION COMPACT

120061

The foregoing appropriation item 235408, Midwest Higher	120062
Education Compact, shall be distributed by the Chancellor of the	120063
Board of Regents under section 3333.40 of the Revised Code.	120064

Section 371.10.40. INFORMATION SYSTEM

120065

The foregoing appropriation item 235409, Information System,	120066
shall be used by the Chancellor of the Board of Regents to support	120067
the development and implementation of information technology	120068
solutions designed to improve the performance and services of the	120069
Chancellor of the Board of Regents and the University System of	120070
Ohio. Information technology solutions shall be provided by the	120071
Ohio Academic Research Network (OARnet).	120072

Section 371.10.50. STATE GRANTS AND SCHOLARSHIP	120073
ADMINISTRATION	120074

The foregoing appropriation item 235414, State Grants and	120075
Scholarship Administration, shall be used by the Chancellor of the	120076
Board of Regents to administer the following student financial	120077
aid programs: Ohio College Opportunity Grant, Nonpublic Need-Based	120078
Financial Aid, Ohio War Orphans' Scholarship, Nurse Education	120079
Assistance Loan Program, Ohio Safety Officers College Memorial	120080
Fund, and any other student financial aid programs created by	120081
the General Assembly. The appropriation item also shall be used	120082
to administer the federal Leveraging Educational Assistance	120083
Partnership (LEAP) program, Special Leveraging Educational	120084
Assistance Partnership (SLEAP) program, the federal College	120085
Access Challenge Grant (CACG), and other student financial aid	120086
programs created by Congress and to provide fiscal services for	120087
the Ohio National Guard Scholarship Program.	120088

Section 371.10.60. JOBS CHALLENGE

120089

Except as provided in the sections of this act entitled	120090
"Statewide Workforce Development Initiatives" and "Fiscal Year	120091
2011 Plan for Adult Workforce Training Programs," funds	120092
appropriated to the foregoing appropriation item 235415, Jobs	120093
Challenge, shall be used by the Chancellor of the Board of Regents	120094
to support state-assisted community and technical colleges,	120095
regional campuses of state-assisted universities, and other	120096
organizationally distinct and identifiable member campuses of the	120097
Workforce training network in support of noncredit job-related	120098
training.	120099

Support may include the promotion and delivery of coordinated	120100
assessment and comprehensive training to local employers. The	120101
Chancellor shall develop a formula for the distribution of funds.	120102

Section 371.10.70. OHIO LEARNING NETWORK

120103

The foregoing appropriation item 235417, Ohio Learning	120104
Network, shall be used by the Chancellor of the Board of Regents	120105
to support the continued implementation of the Ohio Learning	120106
Network, a consortium organized under division (U) of section	120107
3333.04 of the Revised Code to expand access to adult and higher	120108
education opportunities through technology. The funds shall be	120109
used by the Ohio Learning Network to develop and promote learning	120110
and assessment through the use of technology, to test and provide	120111
advice on emerging learning-directed technologies, and to	120112
facilitate cost-effectiveness through shared educational	120113
technology investments.	120114

Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

120115

The foregoing appropriation item 235428, Appalachian New	120116
Economy Partnership, shall be distributed to Ohio University to	120117
continue a multi-campus and multi-agency coordinated effort to	120118
link Appalachia to the new economy. Ohio University shall use	120119
these funds to provide leadership in the development and	120120
implementation of initiatives in the areas of entrepreneurship,	120121
management, education, and technology.	120122

Section 371.10.90. ECONOMIC GROWTH CHALLENGE

120123

The foregoing appropriation item 235433, Economic Growth	120124
Challenge, shall be used for administrative expenses of the	120125
Research Incentive Program and other economic advancement	120126
initiatives undertaken by the Chancellor of the Board of Regents.	120127

The Chancellor of the Board of Regents shall use any	120128
appropriation transfer to the foregoing appropriation item 235433,	120129
Economic Growth Challenge, to enhance the basic research	120130
capabilities of public colleges and universities and accredited	120131
Ohio institutions of higher education holding certificates of	120132
authorization issued under section 1713.02 of the Revised Code, in	120133
order to strengthen academic research for pursuing Ohio's economic	120134
development goals. The Chancellor shall give priority	120135
consideration to projects that are eligible to receive federal	120136
stimulus funds.	120137

Section 371.20.06. COLLEGE READINESS AND ACCESS

120138

Of the foregoing appropriation item 235434, College Readiness	120139
and Access, $1,000,000 in each fiscal year shall be distributed	120140
to the Ohio College Access Network.	120141

Of the foregoing appropriation item 235434, College	120142
Readiness and Access, $600,000 in each fiscal year shall be	120143
distributed to the Ohio Appalachian Center for Higher Education	120144
at Shawnee State University. The board of directors of the Center	120145
shall consist of the presidents of Shawnee State University,	120146
Belmont Technical College, Hocking College, Jefferson Community	120147
College, Zane State College, Rio Grande Community College,	120148
Southern State Community College, and Washington State Community	120149
College; the President of Ohio University or a designee of the	120150
president; the dean of one of the Salem, Tuscarawas, and East	120151
Liverpool regional campuses of Kent State University, as	120152
designated by the President of Kent State University; and a	120153
representative of the Board of Regents designated by the	120154
Chancellor.	120155

Of the foregoing appropriation item 235434, College	120156
Readiness and Access, $140,000 in each fiscal year shall be	120157
distributed to Miami University for the Student Achievement in	120158
Research and Scholarship (STARS) Program.	120159

Of the foregoing appropriation item 235434, College	120160
Readiness and Access, $2,500,000 in each fiscal year shall be used	120161
to support the Early College High School Program. The funds shall	120162
be distributed according to guidelines established by the	120163
Department of Education and the Chancellor of the Board of	120164
Regents.	120165

Section 371.20.08. TEACHER IMPROVEMENT INITIATIVES

120166

Of the foregoing appropriation item 235435, Teacher	120167
Improvement Initiatives, $204,000 in each fiscal year shall be	120168
distributed to the Porter Center for Science and Mathematics in	120169
Lake County.	120170

Of the foregoing appropriation item 235435, Teacher	120171
Improvement Initiatives, $320,000 in each fiscal year shall be	120172
used to support the Ohio View consortium of research universities.	120173
The funds shall be used by Ohio View and its member universities	120174
to develop the job pipeline in the field of geospatial technology	120175
through the training and professional development of teachers,	120176
higher education students and faculty, and employees in the public	120177
and private sectors. Ohio View shall prepare teachers of grades	120178
kindergarten through twelve to instruct students in the uses of	120179
existing geospatial technology, especially through hands-on	120180
observations.	120181

Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP

120182

Of the foregoing appropriation item 235438, Choose Ohio First	120183
Scholarship, up to $3,000,000 in each fiscal year shall be used by	120184
the Chancellor of the Board of Regents to support the Ohio Woodrow	120185
Wilson STEM Teaching Fellows Program, a program designed to	120186
attract students with high potential and strong backgrounds in	120187
science, technology, engineering, mathematics, and medical	120188
disciplines to graduate programs specially designed for teacher	120189
preparation in those disciplines.	120190

The Chancellor shall establish a competitive process for	120191
making awards under the Ohio Woodrow Wilson STEM Teaching Fellows	120192
Program to Ohio institutions of higher education that develop,	120193
transform, and implement science, technology, engineering,	120194
mathematics, and medical teacher preparation programs.	120195
Institutions shall be chosen based on a determination that they	120196
have the leadership, commitment, and capacity to meet criteria as	120197
set forth in a request for proposals issued by the Chancellor. The	120198
request for proposals shall include criteria developed by the	120199
Woodrow Wilson Foundation and an advisory panel of experts in	120200
education and science, technology, engineering, mathematics, and	120201
medical disciplines. Awards made under the Ohio Woodrow Wilson	120202
STEM Teaching Fellows Program shall not be subject to sections	120203
3333.60 to 3333.70 of the Revised Code or any rule adopted	120204
pursuant to those sections.	120205

Of the foregoing appropriation item 235438, Choose Ohio	120206
First Scholarship, $125,000 in each fiscal year shall be used to	120207
support University Circle, Inc.	120208

The remainder of the foregoing appropriation item 235438,	120209
Choose Ohio First Scholarship, shall be used to operate the	120210
program prescribed in sections 3333.60 to 3333.70 of the Revised	120211
Code. Amounts disbursed to institutions shall be paid on a	120212
reimbursement basis.	120213

An amount equal to the unexpended, unencumbered portion of	120214
the foregoing appropriation item 235438, Choose Ohio First	120215
Scholarship, at the end of fiscal year 2010 is hereby	120216
reappropriated to the Board of Regents for the same purpose for	120217
fiscal year 2011.	120218

Section 371.20.20. CO-OP/INTERNSHIP PROGRAM

120219

(A) Except as otherwise provided in this section, the	120220
foregoing appropriation item, 235441, Co-op/Internship Program,	120221
shall be used by the Chancellor of the Board of Regents to	120222
operate the Co-op/Internship Program under sections 3333.71 to	120223
3333.80 of the Revised Code. Funding for eligible institutions	120224
shall be disbursed in accordance with the terms of the agreements	120225
entered into under section 3333.75 of the Revised Code.	120226

(B) Of the foregoing appropriation item 235441,	120227
Co-op/Internship Program, up to $250,000 in each fiscal year shall	120228
be used by the Chancellor of the Board of Regents to establish and	120229
administer a competition for the development of successful	120230
business plans for students enrolled at Ohio institutions of	120231
higher education. Winners of the competition shall receive an	120232
award of $50,000 for the development and submission of a business	120233
plan that leads to the establishment of a business in the State of	120234
Ohio. Prior to making awards, the Chancellor may convene a panel	120235
of experts to evaluate submitted business plans and make	120236
recommendations or the Chancellor may seek collaboration with the	120237
Department of Development in the administration of the	120238
competition. Awards shall not be distributed to a student until	120239
the student provides documentation to the Chancellor that a	120240
business has been established using the student's business plan.	120241
Documentation may include a certified copy of the articles of	120242
incorporation or other business filing with the Ohio Secretary of	120243
State. Awards made under this division are not subject to sections	120244
3333.71 to 3333.80 of the Revised Code or to any rule adopted	120245
pursuant to those sections.	120246

Any funds earmarked under this division that are unawarded or	120247
unencumbered at the end of fiscal year 2010 are hereby	120248
reappropriated for the same purpose in fiscal year 2011.	120249

(C) Of the foregoing appropriation item 235441,	120250
Co-op/Internship Program, up to $1,000,000 in each fiscal year may	120251
be used by the Chancellor of the Board of Regents to support	120252
programs at institutions of higher education that collaborate with	120253
and provide interns to businesses that have been in operation for	120254
not more than three years. The Chancellor shall establish a	120255
competitive process for making awards under this division.	120256
Institutions shall be chosen based on a determination that they	120257
have the leadership, commitment, and capacity to meet criteria as	120258
set forth in a request for proposals issued by the Chancellor.	120259
Prior to issuing a request for proposals and prior to making an	120260
award under this division, the Chancellor shall seek the advice of	120261
the Co-op/Internship Advisory Committee. An institution receiving	120262
an award under this division shall enter into an agreement with	120263
the Chancellor governing the use of the funds and setting forth	120264
reporting requirements. Awards made under this division are not	120265
subject to sections 3333.71 to 3333.80 of the Revised Code or to	120266
any rule adopted pursuant to those sections.	120267

(D) Of the foregoing appropriation item 235441,	120268
Co-op/Internship Program, $5,000,000 in each fiscal year shall be	120269
used for the grant program for employee training in the fields	120270
of biotechnology and bioscience or other field under section	120271
3333.91 of the Revised Code.	120272

(E) Of the foregoing appropriation item 235441,	120273
Co-op/Internship Program, $500,000 in each fiscal year shall be	120274
provided to the University of Cincinnati to support Rookwood	120275
Pottery Company internship programs with state-assisted	120276
institutions of higher education.	120277

(F) At the request of the Chancellor of the Board of Regents,	120278
the Director of Budget and Management may transfer any	120279
unexpended, unencumbered appropriation in fiscal year 2010 or	120280
fiscal year 2011 as well as any appropriation repaid by eligible	120281
institutions pursuant to the terms of the grant agreement from	120282
appropriation item 235441, Co-op/Internship Program, to	120283
appropriation item 235433, Economic Growth Challenge. Any	120284
appropriation so transferred shall be used to strengthen academic	120285
research for pursuing Ohio's economic development goals under the	120286
Section of this act entitled "Economic Growth Challenge".	120287

Section 371.20.30. ADULT BASIC AND LITERACY EDUCATION

120288

Except as provided in the Sections of this act entitled	120289
"Statewide Workforce Development Initiatives" and "Fiscal Year	120290
2011 Plan for Adult Workforce Training Programs", the foregoing	120291
appropriation item 235443, Adult Basic and Literacy Education -	120292
State, shall be used to support adult basic and literacy education	120293
instructional programs and for the operation of an adult basic and	120294
literacy education instructional grant program. The supported	120295
programs shall satisfy the state match and maintenance of effort	120296
requirements for the state-administered grant program.	120297

Of the foregoing appropriation item 235443, Adult Basic and	120298
Literacy Education - State, up to $507,558 in fiscal year 2010	120299
shall be used for the support and operation of the State Literacy	120300
Resource Center Program.	120301

Of the foregoing appropriation item 235443, Adult Basic and	120302
Literacy Education - State, $122,000 in each fiscal year shall be	120303
used to support initiatives for English as a Second Language	120304
programs. Funding shall be distributed as follows: $60,000 in	120305
each fiscal year for Jewish Community Federation of Cleveland,	120306
$25,000 in each fiscal year for Yassenoff Jewish Community Center	120307
of Columbus, $30,000 in each fiscal year for Jewish Family	120308
Services of Cincinnati, and $7,000 in each fiscal year for Jewish	120309
Family Services of Dayton.	120310

On or before August 31, 2009, the Chancellor of the Board of	120311
Regents shall submit a funding formula to the Controlling Board	120312
for the allocation of the foregoing appropriation item 235443,	120313
Adult Basic and Literacy Education - State, in fiscal year 2010.	120314

Section 371.20.40. POST-SECONDARY ADULT CAREER-TECHNICAL	120315
EDUCATION	120316

Except as provided in the Sections of this act entitled	120317
"Statewide Workforce Development Initiatives" and "Fiscal Year	120318
2011 Plan for Adult Workforce Training Programs", the foregoing	120319
appropriation item 235444, Post-Secondary Adult Career-Technical	120320
Education, shall be used by the Chancellor of the Board of Regents	120321
in each fiscal year to provide post-secondary adult	120322
career-technical education under sections 3313.52 and 3313.53 of	120323
the Revised Code.	120324

On or before August 31, 2009, the Chancellor of the Board of	120325
Regents shall submit a funding formula to the Controlling Board	120326
for the allocation of funds in fiscal year 2010.	120327

Section 371.20.50. STATEWIDE WORKFORCE DEVELOPMENT	120328
INITIATIVES	120329

The Chancellor may identify amounts of the foregoing	120330
appropriation items 235415, Jobs Challenge, 235443, Adult Basic	120331
and Literacy Education - State, and 235444, Post-Secondary Adult	120332
Career-Technical Education, to be used to support the Ohio Skills	120333
Bank Program and the Stackable Certificates Program. The Ohio	120334
Skills Bank Program seeks to align the education of Ohio's	120335
workforce with industry needs. The Stackable Certificates Program	120336
consists of competency-based, low-cost, noncredit and	120337
credit-bearing modules and courses in communications,	120338
mathematics, information technology, and other fields selected by	120339
the Chancellor. The program culminates in a certificate and	120340
provides recipients with a foundation for additional	120341
post-secondary education.	120342

Section 371.20.60. FISCAL YEAR 2011 PLAN FOR ADULT WORKFORCE	120343
TRAINING PROGRAMS	120344

Notwithstanding the Sections of this act entitled "Jobs	120345
Challenge," "Adult Basic and Literacy Education," and	120346
"Post-Secondary Adult Career-Technical Education," not later than	120347
June 1, 2010, the Chancellor of the Board of Regents shall submit	120348
for approval of the Controlling Board a plan for the integration	120349
of funding support for the state's adult workforce training and	120350
development programs, beginning in fiscal year 2011. Funding	120351
support in the plan shall include appropriation items 235415, Jobs	120352
Challenge, 235443, Adult Basic and Literacy Education - State, and	120353
235444, Post-Secondary Adult Career-Technical Education.	120354

The plan shall clearly define the formulas, or competitive	120355
process, to be used for funding the activities of adult basic and	120356
literacy education program providers, state literacy resource	120357
centers, post-secondary adult career-technical education	120358
providers, and community colleges. The plan may propose the	120359
creation of new appropriation items as necessary to support its	120360
implementation.	120361

Section 371.20.70. AREA HEALTH EDUCATION CENTERS

120362

The foregoing appropriation item 235474, Area Health	120363
Education Centers Program Support, shall be used by the Chancellor	120364
of the Board of Regents to support the medical school regional	120365
area health education centers' educational programs for the	120366
continued support of medical and other health professions	120367
education and for support of the Area Health Education Center	120368
Program.	120369

Of the foregoing appropriation item 235474, Area Health	120370
Education Centers Program Support, $200,000 in each fiscal year	120371
shall be disbursed to the Ohio University College of Osteopathic	120372
Medicine to operate a mobile health care unit to serve the	120373
southeastern area of the state.	120374

Section 371.20.80. STATE SHARE OF INSTRUCTION FORMULAS

120375

On or before August 31, 2009, the Chancellor of the Board of	120376
Regents shall submit to the Controlling Board funding formulas for	120377
the allocation of the foregoing appropriation item 235501, State	120378
Share of Instruction, in each fiscal year. The funding formulas	120379
shall consider the September 2008 university and community college	120380
recommendations submitted to the fiscal year 2009 state share of	120381
instruction consultation, and shall include separate formulas for	120382
state-assisted university main campuses, regional campuses of	120383
state-assisted universities, and state-assisted community and	120384
technical colleges.	120385

The state share of instruction formula for state-assisted	120386
university main campuses shall support graduate and medical	120387
education, reward course and degree completion, and reward the	120388
achievement of mission-specific goals. The state share of	120389
instruction formula for regional campuses of the state-assisted	120390
universities shall reward course completion and the achievement of	120391
mission-specific goals. The state share of instruction formula for	120392
state-assisted community and technical colleges shall be based on	120393
enrollments, achievement of mission-specific goals, and measures	120394
of student success appropriate to institutional missions.	120395

Student-specific components of the formulas shall be weighted	120396
for at-risk students as measured using the student's eligibility	120397
for support from state need-based aid programs. The state share of	120398
instruction formulas shall include allocations of Success	120399
Challenge, Access Challenge, and any other tuition subsidy	120400
provided in Am. Sub. H.B. 119 of the 127th General Assembly. The	120401
state share of instruction funding formulas shall be designed to	120402
phase in components over time.	120403

Section 371.20.90. STATE SHARE OF INSTRUCTION FOR FISCAL	120404
YEARS 2010 AND 2011	120405

The boards of trustees of state-assisted institutions of	120406
higher education shall restrain increases in in-state	120407
undergraduate instructional and general fees. For the 2009-2010	120408
academic year, each state-assisted institution shall not increase	120409
its in-state undergraduate instructional and general fees over	120410
what the institution charged for the 2008-2009 academic year. For	120411
the 2010-2011 academic year, each state-assisted community	120412
college, state community college, technical college, and regional	120413
campus of a state-assisted university shall not increase its	120414
in-state undergraduate instructional and general fees over what	120415
the institution charged for the 2009-2010 academic year.	120416

These limitations shall not apply to increases required to	120417
comply with institutional covenants related to their obligations	120418
or to meet unfunded legal mandates or legally binding obligations	120419
incurred or commitments made prior to the effective date of this	120420
section with respect to which the institution had identified such	120421
fee increases as the source of funds. Any increase required by	120422
such covenants and any such mandates, obligations, or commitments	120423
shall be reported by the Chancellor of the Board of Regents to the	120424
Controlling Board. These limitations may also be modified by the	120425
Chancellor of the Board of Regents, with the approval of the	120426
Controlling Board, to respond to exceptional circumstances as	120427
identified by the Chancellor of the Board of Regents.	120428

Section 371.30.10. HIGHER EDUCATION - BOARD OF TRUSTEES

120429

(A) Funds appropriated for instructional subsidies at	120430
colleges and universities may be used to provide such branch or	120431
other off-campus undergraduate courses of study and such master's	120432
degree courses of study as may be approved by the Chancellor of	120433
the Board of Regents.	120434

(B) In providing instructional and other services to	120435
students, boards of trustees of state-assisted institutions of	120436
higher education shall supplement state subsidies with income from	120437
charges to students. Except as otherwise provided in this Section,	120438
each board shall establish the fees to be charged to all students,	120439
including an instructional fee for educational and associated	120440
operational support of the institution and a general fee for	120441
noninstructional services, including locally financed student	120442
services facilities used for the benefit of enrolled students. The	120443
instructional fee and the general fee shall encompass all charges	120444
for services assessed uniformly to all enrolled students. Each	120445
board may also establish special purpose fees, service charges,	120446
and fines as required; such special purpose fees and service	120447
charges shall be for services or benefits furnished individual	120448
students or specific categories of students and shall not be	120449
applied uniformly to all enrolled students. A tuition surcharge	120450
shall be paid by all students who are not residents of Ohio.	120451

The board of trustees of a state-assisted institution of	120452
higher education shall not authorize a waiver or nonpayment of	120453
instructional fees or general fees for any particular student or	120454
any class of students other than waivers specifically authorized	120455
by law or approved by the Chancellor. This prohibition is not	120456
intended to limit the authority of boards of trustees to provide	120457
for payments to students for services rendered the institution,	120458
nor to prohibit the budgeting of income for staff benefits or for	120459
student assistance in the form of payment of such instructional	120460
and general fees.	120461

Each state-assisted institution of higher education in its	120462
statement of charges to students shall separately identify the	120463
instructional fee, the general fee, the tuition charge, and the	120464
tuition surcharge. Fee charges to students for instruction shall	120465
not be considered to be a price of service but shall be considered	120466
to be an integral part of the state government financing program	120467
in support of higher educational opportunity for students.	120468

(C) Notwithstanding any provision of law to the contrary, if	120469
the Chancellor of the Board of Regents intends to work with a	120470
state-assisted institution of higher education to adjust the	120471
instructional and general fee amounts charged for an associate	120472
degree program at the institution for the 2009-2010 academic year	120473
or the 2010-2011 academic year, the Chancellor shall proceed as	120474
follows:	120475

(1) Notify the institution's board of trustees of the	120476
Chancellor's intent to work with the institution to adjust the	120477
instructional and general fee amounts charged for an associate	120478
degree program for the applicable academic year;	120479

(2) Request the board of trustees to do both of the	120480
following:	120481

(a) Provide access to data and to administrators and other	120482
employees of the institution, as specified by the Chancellor, for	120483
the purpose of analyzing the instructional and general fee	120484
amounts;	120485

(b) Prepare and submit to the Chancellor, within thirty days	120486
after the request, a report justifying the current instructional	120487
and general fee amounts or proposing an adjustment to those	120488
amounts.	120489

The board of trustees shall comply with each request of the	120490
Chancellor under division (C)(2) of this section.	120491

(3) Convene a meeting with the board of trustees to reach an	120492
agreement on adjusting the instructional and general fee amounts	120493
and on a plan to implement the adjustments. The Chancellor or the	120494
board of trustees may designate employees of the institution to	120495
participate in the meeting. If an agreement is reached, the board	120496
of trustees shall take action to implement the plan to adjust the	120497
fee amounts.	120498

(4) If no agreement is reached under division (C)(3) of this	120499
section, make a recommendation to the board of trustees for an	120500
adjustment to the instructional and general fee amounts. In making	120501
the recommendation, the Chancellor shall specify the actions that	120502
should be taken to make the adjustment viable and shall	120503
demonstrate that the adjustment will not adversely impact the	120504
financial or educational condition of the institution. The	120505
Chancellor shall not make a recommendation that, if implemented,	120506
would cause the composite result of the ratio analysis performed	120507
of the financial condition of the institution under paragraph	120508
(A)(4) of rule 126:3-1-01 of the Ohio Administrative Code to place	120509
the institution in fiscal watch under paragraph (B) of that rule.	120510
Not later than ten days after receipt of the Chancellor's	120511
recommendation, the board of trustees shall act either to adopt	120512
the recommendation or to reject the recommendation.	120513

(5) If the board of trustees rejects the recommendation made	120514
under division (C)(4) of this section, determine whether to submit	120515
the recommendation to the Controlling Board for approval. If the	120516
Chancellor elects to submit the recommendation to the Controlling	120517
Board and the Controlling Board approves the recommendation, the	120518
board of trustees shall implement the recommendation and shall	120519
adjust the instructional and general fee amounts accordingly.	120520

Unless a law enacted after the effective date of this section	120521
requires otherwise, any restriction on tuition increases for an	120522
associate degree program applicable to a state-assisted	120523
institution of higher education in fiscal year 2012 or fiscal year	120524
2013 shall be applied to the instructional and general fee amounts	120525
charged for the program immediately prior to any adjustment under	120526
division (C) of this section.	120527

(D) The boards of trustees of state-assisted institutions of	120528
higher education shall ensure that faculty members devote a proper	120529
and judicious part of their work week to the actual instruction of	120530
students. Total class credit hours of production per quarter per	120531
full-time faculty member is expected to meet the standards set	120532
forth in the budget data submitted by the Chancellor of the Board	120533
of Regents.	120534

(E) The authority of government vested by law in the boards	120535
of trustees of state-assisted institutions of higher education	120536
shall in fact be exercised by those boards. Boards of trustees may	120537
consult extensively with appropriate student and faculty groups.	120538
Administrative decisions about the utilization of available	120539
resources, about organizational structure, about disciplinary	120540
procedure, about the operation and staffing of all auxiliary	120541
facilities, and about administrative personnel shall be the	120542
exclusive prerogative of boards of trustees. Any delegation of	120543
authority by a board of trustees in other areas of responsibility	120544
shall be accompanied by appropriate standards of guidance	120545
concerning expected objectives in the exercise of such delegated	120546
authority and shall be accompanied by periodic review of the	120547
exercise of this delegated authority to the end that the public	120548
interest, in contrast to any institutional or special interest,	120549
shall be served.	120550

Section 371.30.20. STUDENT SUPPORT SERVICES

120551

The foregoing appropriation item 235502, Student Support	120552
Services, shall be distributed by the Chancellor of the Board of	120553
Regents to Ohio's state-assisted colleges and universities that	120554
incur disproportionate costs in the provision of support services	120555
to disabled students.	120556

Section 371.30.30. WAR ORPHANS SCHOLARSHIPS

120557

The foregoing appropriation item 235504, War Orphans	120558
Scholarships, shall be used to reimburse state-assisted	120559
institutions of higher education for waivers of instructional fees	120560
and general fees provided by them, to provide grants to	120561
institutions that have received a certificate of authorization	120562
from the Chancellor of the Board of Regents under Chapter 1713. of	120563
the Revised Code, in accordance with the provisions of section	120564
5910.04 of the Revised Code, and to fund additional scholarship	120565
benefits provided by section 5910.032 of the Revised Code.	120566

An amount equal to the unexpended, unencumbered portion of	120567
the foregoing appropriation item 235504, War Orphans Scholarships,	120568
at the end of fiscal year 2010 is hereby reappropriated to the	120569
Board of Regents for the same purpose for fiscal year 2011.	120570

Section 371.30.40. OHIOLINK

120571

The foregoing appropriation item 235507, OhioLINK, shall be	120572
used by the Chancellor of the Board of Regents to support	120573
OhioLINK, a consortium organized under division (U) of section	120574
3333.04 of the Revised Code to serve as the state's electronic	120575
library information and retrieval system, which provides access	120576
statewide to an extensive set of electronic databases and	120577
resources and the library holdings of Ohio's public and	120578
participating private nonprofit colleges and universities, and the	120579
State Library of Ohio.	120580

Section 371.30.50. AIR FORCE INSTITUTE OF TECHNOLOGY

120581

The foregoing appropriation item 235508, Air Force Institute	120582
of Technology, shall be used to strengthen the research and	120583
educational linkages between the Wright Patterson Air Force Base	120584
and institutions of higher education in Ohio. Of the foregoing	120585
appropriation item 235508, Air Force Institute of Technology,	120586
$1,227,106 in each fiscal year shall be used for research projects	120587
that connect the Air Force Research Laboratories with university	120588
partners. The institute shall provide annual reports to the Third	120589
Frontier Commission that discuss existing, planned, or possible	120590
collaborations between programs and funding recipients related to	120591
technology, research development, commercialization, and support	120592
for Ohio's economic development.	120593

Of the foregoing appropriation item 235508, Air Force	120594
Institute of Technology, $613,553 in each fiscal year shall be	120595
used to match federal dollars to support technology	120596
commercialization and job creation. The Development Research	120597
Corporation shall use the funds to create or expand Ohio-based	120598
technology and commercial development collaborations in areas that	120599
are a priority in Ohio's third frontier initiative between	120600
industry, academia, and government.	120601

Section 371.30.55. WOMEN IN TRANSITION

120602

The foregoing appropriation item 235509, Women in Transition,	120603
shall be used to support Women in Transition programs at Ohio	120604
institutions of higher education.	120605

Section 371.30.60. OHIO SUPERCOMPUTER CENTER

120606

The foregoing appropriation item 235510, Ohio Supercomputer	120607
Center, shall be used by the Chancellor of the Board of Regents to	120608
support the operation of the Ohio Supercomputer Center, a	120609
consortium organized under division (U) of section 3333.04 of the	120610
Revised Code, located at The Ohio State University. The Ohio	120611
Supercomputer Center is a statewide resource available to Ohio	120612
research universities both public and private. It is also intended	120613
that the center be made accessible to private industry as	120614
appropriate.	120615

Funds shall be used, in part, to support the Ohio	120616
Supercomputer Center's Computational Science Initiative, which	120617
includes its industrial outreach program, Blue Collar Computing,	120618
and its School of Computational Science. These collaborations	120619
between the Ohio Supercomputer Center and Ohio's colleges and	120620
universities shall be aimed at making Ohio a leader in using	120621
computer modeling to promote economic development.	120622

Section 371.30.70. COOPERATIVE EXTENSION SERVICE

120623

The foregoing appropriation item 235511, Cooperative	120624
Extension Service, shall be disbursed through the Chancellor of	120625
the Board of Regents to The Ohio State University in monthly	120626
payments, unless otherwise determined by the Director of Budget	120627
and Management under section 126.09 of the Revised Code.	120628

Section 371.30.80. OHIO UNIVERSITY VOINOVICH SCHOOL

120629

The foregoing appropriation item 235513, Ohio University	120630
Voinovich School, shall be used by the Chancellor of the Board of	120631
Regents to support the operations of Ohio University's Voinovich	120632
School.	120633

Section 371.30.90. CENTRAL STATE SUPPLEMENT

120634

The foregoing appropriation item 235514, Central State	120635
Supplement, shall be used by Central State University to keep	120636
undergraduate fees below the statewide average, consistent with	120637
its mission of service to many first-generation college students	120638
from groups historically underrepresented in higher education and	120639
from families with limited incomes.	120640

Section 371.40.10. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	120641
MEDICINE	120642

The foregoing appropriation item 235515, Case Western Reserve	120643
University School of Medicine, shall be disbursed to Case Western	120644
Reserve University through the Chancellor of the Board of Regents	120645
in accordance with agreements entered into under section 3333.10	120646
of the Revised Code, provided that the state support per	120647
full-time medical student shall not exceed that provided to	120648
full-time medical students at state universities.	120649

Section 371.40.20. FAMILY PRACTICE

120650

The Chancellor of the Board of Regents shall develop plans	120651
consistent with existing criteria and guidelines as may be	120652
required for the distribution of appropriation item 235519,	120653
Family Practice.	120654

Section 371.40.30. SHAWNEE STATE SUPPLEMENT

120655

The foregoing appropriation item 235520, Shawnee State	120656
Supplement, shall be used by Shawnee State University as detailed	120657
by both of the following:	120658

(A) To allow Shawnee State University to keep its	120659
undergraduate fees below the statewide average, consistent with	120660
its mission of service to an economically depressed Appalachian	120661
region;	120662

(B) To allow Shawnee State University to employ new faculty	120663
to develop and teach in new degree programs that meet the needs of	120664
Appalachians.	120665

Section 371.40.40. OSU JOHN GLENN SCHOOL OF PUBLIC AFFAIRS

120666

The foregoing appropriation item 235521, The Ohio State	120667
University John Glenn School of Public Affairs, shall be used by	120668
the Chancellor of the Board of Regents to support the operations	120669
of The Ohio State University's John Glenn School of Public	120670
Affairs.	120671

Section 371.40.50. POLICE AND FIRE PROTECTION

120672

The foregoing appropriation item 235524, Police and Fire	120673
Protection, shall be used for police and fire services in the	120674
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	120675
Portsmouth, Xenia Township (Greene County), Rootstown Township,	120676
and the City of Nelsonville that may be used to assist these local	120677
governments in providing police and fire protection for the	120678
central campus of the state-affiliated university located therein.	120679

Section 371.40.60. GERIATRIC MEDICINE

120680

The Chancellor of the Board of Regents shall develop plans	120681
consistent with existing criteria and guidelines as may be	120682
required for the distribution of appropriation item 235525,	120683
Geriatric Medicine.	120684

Section 371.40.70. PRIMARY CARE RESIDENCIES

120685

The Chancellor of the Board of Regents shall develop plans	120686
consistent with existing criteria and guidelines as may be	120687
required for the distribution of appropriation item 235526,	120688
Primary Care Residencies.	120689

The foregoing appropriation item 235526, Primary Care	120690
Residencies, shall be distributed in each fiscal year of the	120691
biennium, based on whether or not the institution has submitted	120692
and gained approval for a plan. If the institution does not have	120693
an approved plan, it shall receive five per cent less funding per	120694
student than it would have received from its annual allocation.	120695
The remaining funding shall be distributed among those	120696
institutions that meet or exceed their targets.	120697

Section 371.40.75. OHIO AEROSPACE INSTITUTE

120698

The foregoing appropriation item 235527, Ohio Aerospace	120699
Institute, shall be distributed by the Chancellor of the Board of	120700
Regents under section 3333.042 of the Revised Code.	120701

The Board of Regents, in consultation with the Third Frontier	120702
Commission, shall develop a plan for providing for appropriate,	120703
value-added participation of the Ohio Aerospace Institute in Third	120704
Frontier Project proposals and grants.	120705

Section 371.40.80. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	120706
CENTER	120707

The foregoing appropriation item 235535, Ohio Agricultural	120708
Research and Development Center, shall be disbursed through the	120709
Chancellor of the Board of Regents to The Ohio State University in	120710
monthly payments, unless otherwise determined by the Director of	120711
Budget and Management under section 126.09 of the Revised Code.	120712
The Ohio Agricultural Research and Development Center shall not	120713
be required to remit payment to The Ohio State University during	120714
the biennium ending June 30, 2011, for cost reallocation	120715
assessments. The cost reallocation assessments include, but are	120716
not limited to, any assessment on state appropriations to the	120717
Center.	120718

The Ohio Agricultural Research and Development Center, an	120719
entity of the College of Food, Agricultural, and Environmental	120720
Sciences of The Ohio State University, shall further its mission	120721
of enhancing Ohio's economic development and job creation by	120722
continuing to internally allocate on a competitive basis	120723
appropriated funding of programs based on demonstrated	120724
performance. Academic units, faculty, and faculty-driven programs	120725
shall be evaluated and rewarded consistent with agreed-upon	120726
performance expectations as called for in the College's	120727
Expectations and Criteria for Performance Assessment.	120728

Section 371.40.90. STATE UNIVERSITY CLINICAL TEACHING

120729

The foregoing appropriation items 235536, The Ohio State	120730
University Clinical Teaching; 235537, University of Cincinnati	120731
Clinical Teaching; 235538, University of Toledo Clinical	120732
Teaching; 235539, Wright State University Clinical Teaching;	120733
235540, Ohio University Clinical Teaching; and 235541,	120734
Northeastern Ohio Universities College of Medicine Clinical	120735
Teaching, shall be distributed through the Chancellor of the Board	120736
of Regents.	120737

Section 371.50.10. CAPITAL COMPONENT

120738

The foregoing appropriation item 235552, Capital Component,	120739
shall be used by the Chancellor of the Board of Regents to	120740
implement the capital funding policy for state-assisted colleges	120741
and universities established in Am. H.B. 748 of the 121st General	120742
Assembly. Appropriations from this item shall be distributed to	120743
all campuses for which the estimated campus debt service	120744
attributable to new qualifying capital projects is less than the	120745
campus's formula-determined capital component allocation. Campus	120746
allocations shall be determined by subtracting the estimated	120747
campus debt service attributable to new qualifying capital	120748
projects from the campus's formula-determined capital component	120749
allocation. Moneys distributed from this appropriation item shall	120750
be restricted to capital-related purposes.	120751

Any campus for which the estimated campus debt service	120752
attributable to qualifying capital projects is greater than the	120753
campus's formula-determined capital component allocation shall	120754
have the difference subtracted from its State Share of Instruction	120755
allocation in each fiscal year. Appropriation equal to the sum of	120756
all such amounts except that of the Ohio Agricultural Research and	120757
Development Center shall be transferred from appropriation item	120758
235501, State Share of Instruction, to appropriation item 235552,	120759
Capital Component. Appropriation equal to any estimated Ohio	120760
Agricultural Research and Development Center debt service	120761
attributable to qualifying capital projects that is greater than	120762
the Center's formula-determined capital component allocation shall	120763
be transferred from appropriation item 235535, Ohio Agricultural	120764
Research and Development Center, to appropriation item 235552,	120765
Capital Component.	120766

Section 371.50.15. DAYTON AREA GRADUATE STUDIES INSTITUTE

120767

The foregoing appropriation item 235553, Dayton Area Graduate	120768
Studies Institute, shall be used by the Board of Regents to	120769
support the Dayton Area Graduate Studies Institute, an engineering	120770
graduate consortium of three universities in the Dayton area:	120771
Wright State University, the University of Dayton, and the Air	120772
Force Institute of Technology, with the participation of the	120773
University of Cincinnati and The Ohio State University.	120774

Section 371.50.20. LIBRARY DEPOSITORIES

120775

The foregoing appropriation item, 235555, Library	120776
Depositories, shall be distributed to the state's five regional	120777
depository libraries for the cost-effective storage of and access	120778
to lesser-used materials in university library collections. The	120779
depositories shall be administrated by the Chancellor of the Board	120780
of Regents.	120781

Section 371.50.30. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

120782

The foregoing appropriation item 235556, Ohio Academic	120783
Resources Network, shall be used by the Chancellor of the Board of	120784
Regents to support the operations of the Ohio Academic Resources	120785
Network, a consortium organized under division (U) of section	120786
3333.04 of the Revised Code, which shall include support for	120787
Ohio's colleges and universities in maintaining and enhancing	120788
network connections, using new network technologies to improve	120789
research, education, and economic development programs, and	120790
sharing information technology services. The network shall give	120791
priority to supporting the Third Frontier Network and allocating	120792
bandwidth to programs directly supporting Ohio's economic	120793
development.	120794

Section 371.50.40. LONG-TERM CARE RESEARCH

120795

The foregoing appropriation item 235558, Long-term Care	120796
Research, shall be disbursed to Miami University for long-term	120797
care research.	120798

Section 371.50.50. OHIO COLLEGE OPPORTUNITY GRANT

120799

The foregoing appropriation item 235563, Ohio College	120800
Opportunity Grant, shall be used by the Chancellor of the Board of	120801
Regents to award needs-based financial aid to students enrolled in	120802
eligible public institutions of higher education, excluding early	120803
college high school and post-secondary enrollment option	120804
participants.	120805

An amount equal to the unexpended, unencumbered portion of	120806
the foregoing appropriation item 235563, Ohio College Opportunity	120807
Grant, at the end of fiscal year 2010 is hereby reappropriated to	120808
the Board of Regents for the same purpose for fiscal year 2011.	120809

On or before August 31, 2009, the Chancellor of the Board of	120810
Regents shall submit funding formulas to the Controlling Board for	120811
the 2009-2010 academic year and allocations of Ohio College	120812
Opportunity Grant awards not already specified in section	120813
3333.122 of the Revised Code.	120814

Section 371.50.60. CENTRAL STATE UNIVERSITY SPEED TO SCALE

120815

The foregoing appropriation 235567, Central State University	120816
Speed to Scale, shall be used to achieve the goals of the Speed to	120817
Scale Plan, which include increasing student enrollment through	120818
freshman recruitment and transferred students, increasing the	120819
proportion of in-state students to 80 per cent of the total	120820
student population, and increasing the student retention rates	120821
between the first and second year of college by two per cent each	120822
year. The goals shall be accomplished by the targeting of student	120823
retention, improved articulation agreements with two-year	120824
campuses, increased use of alternative course options, including	120825
online coursework and Ohio Learning Network resources, College	120826
Tech Prep, Post Secondary Enrollment Options, and other	120827
dual-credit programs, and strategic partnerships with research	120828
institutions to improve the quality of Central State University's	120829
offering of science, technology, engineering, mathematics, and	120830
medical instruction. In fiscal year 2010, the disbursement of	120831
these funds shall be contingent upon Central State University	120832
meeting the annual goals for the student enrollment and retention	120833
rate increases.	120834

The Speed to Scale Task Force shall meet not less than	120835
quarterly to discuss progress of the plan, including performance	120836
on accountability metrics and issues experienced in planned	120837
efforts, and to monitor and support the creation of partnerships	120838
with other state institutions of higher education. The Task Force	120839
shall consist of the president of Central State University or the	120840
president's designee, the president of Sinclair Community College	120841
or the president's designee, the president of Cincinnati State	120842
Technical and Community College or the president's designee, the	120843
president of Cuyahoga Community College or the president's	120844
designee, the president of The Ohio State University or the	120845
president's designee, the president of the University of	120846
Cincinnati or the president's designee, the president of Wright	120847
State University or the president's designee, one representative	120848
from the Board of Regents, one member of the House of	120849
Representatives appointed by the Speaker of the House of	120850
Representatives, one member of the Senate appointed by the	120851
President of the Senate, the Director of Budget and Management or	120852
the director's designee, and a representative of the Governor's	120853
Office appointed by the Governor.	120854

On the thirtieth day of June of each fiscal year, Central	120855
State University and the Speed to Scale Task Force shall jointly	120856
submit to the Governor, the Director of Budget and Management, the	120857
Speaker of the House of Representatives, the President of the	120858
Senate, and the Board of Regents a report describing the status of	120859
their progress on the accountability metrics included in the Speed	120860
to Scale Plan.	120861

Section 371.50.70. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

120862

The foregoing appropriation item 235572, The Ohio State	120863
University Clinic Support, shall be distributed through the	120864
Chancellor of the Board of Regents to The Ohio State University	120865
for support of dental and veterinary medicine clinics.	120866

Section 371.50.80. NONPUBLIC NEED-BASED FINANCIAL AID

120867

The foregoing appropriation item 235576, Nonpublic Need-Based	120868
Financial Aid, shall be used to support need-based financial aid	120869
block grants under division (D) of section 3333.122 of the Revised	120870
Code.	120871

Of the foregoing appropriation item 235576, Nonpublic	120872
Need-Based Financial Aid, $60,000,000 in each fiscal year shall be	120873
used to support the block grant for private, nonprofit	120874
institutions of higher education.	120875

Of the foregoing appropriation item 235576, Nonpublic	120876
Need-Based Financial Aid, $10,000,000 in each fiscal year shall be	120877
used to support the block grant for proprietary post-secondary	120878
institutions of higher education.	120879

Section 371.50.82. ALLOCATION OF NEED-BASED BLOCK GRANT FOR	120880
NONPROFIT PRIVATE INSTITUTIONS	120881

(A) As used in this section:

120882

(1) "Eligible institution" means a nonprofit private	120883
institution in this state that holds a certificate of	120884
authorization pursuant to Chapter 1713. of the Revised Code to	120885
award degrees at the associate degree or higher.	120886

(2) "First-year student" means an undergraduate student who	120887
has earned not more than 29 semester hour credits or 44 quarter	120888
hour credits.	120889

(3) "Sophomore" means an undergraduate student who, at an	120890
institution authorized to award bachelor's degrees or higher, has	120891
earned between 30 and 59 semester hour credits or 45 to 89 quarter	120892
hour credits or who, at an institution authorized to issue	120893
associate degrees only, has earned 30 or more semester hour	120894
credits or 45 or more quarter hour credits.	120895

(4) "Junior" means an undergraduate who, at an institution	120896
authorized to award bachelor's degrees or higher, has earned	120897
between 60 and 89 semester hour credits or between 90 and 134	120898
quarter hour credits.	120899

(5) "Senior" means an undergraduate student who, at an	120900
institution authorized to award bachelor's degrees or higher, has	120901
earned 90 or more semester hour credits or 135 or more quarter	120902
hour credits.	120903

(6) "Pell-eligible student" means a full-time equivalent	120904
undergraduate Ohio resident enrolled in an eligible institution	120905
and who is eligible for a Pell grant under 20 U.S.C. 1070a.	120906

(B) The Chancellor of the Ohio Board of Regents shall	120907
allocate funds for the Private Higher Education Financial Aid	120908
Needs-Based Block Grant under division (C) of section 3333.122 of	120909
the Revised Code to eligible institutions in the amounts	120910
calculated as follows:	120911

(1) For fiscal year 2010, each eligible institution shall	120912
receive 90% of the amounts the eligible institution received in	120913
fiscal year 2008 under the Ohio Instructional Grant and Ohio	120914
College Opportunity Grant programs, under sections 3333.12 and	120915
3333.122 of the Revised Code, respectively, plus a percentage of	120916
the remaining appropriation for the Private Higher Education	120917
Needs-Based Financial Aid Block Grant, if any, equal to the	120918
percentage that the weighted Pell-eligible students enrolled at	120919
the institution in academic year 2008-2009 represents of the total	120920
number of weighted Pell-eligible students attending all eligible	120921
institutions that academic year. Weights shall be determined as	120922
provided in division (C) of this section.	120923

(2) In fiscal year 2011, each eligible institution shall be	120924
allocated a percentage of the appropriation for the Private Higher	120925
Education Needs-Based Financial Aid Block Grant equal to the	120926
percentage that the weighted Pell-eligible students enrolled at	120927
the eligible institution in academic year 2009-2010 represents of	120928
the total number of weighted Pell-eligible students enrolled in	120929
all eligible institutions in that academic year. Weights shall be	120930
determined as provided in division (C) of this section.	120931

(C) For purposes of division (B) of this section, students	120932
shall be weighted by grade level as follows:	120933

(1) 1.0 for full-time equivalent enrollment of first-year	120934
students;	120935

(2) 1.1 for full-time equivalent enrollment of sophomores;

120936

(3) 1.2 for full-time equivalent enrollment of juniors;

120937

(4) 1.3 for full-time equivalent enrollment of seniors.

120938

(D) Each eligible institution shall report the number and	120939
level of students enrolled at the institution that are	120940
Pell-eligible for the academic year prior to the fiscal year of	120941
block grant funding. For any institution not reporting the number	120942
and level of Pell-eligible students in a timely manner, the	120943
Chancellor shall instead use in the distribution formula such	120944
institution's total number of state need-based aid eligible	120945
students for the academic year two years prior to the fiscal year	120946
of block grant funding. In such cases, all numbers shall be	120947
weighted by a factor of 1.00.	120948

Section 371.50.83. BLISS INSTITUTE

120949

The foregoing appropriation item 235579, Bliss Institute,	120950
shall be used to support the Bliss Institute of Applied Politics	120951
at the University of Akron.	120952

Section 371.50.84. ENTREPRENEURSHIP EDUCATION PROGRAM

120953

The foregoing appropriation item 235580, Entrepreneurship	120954
Education Program, shall be used to develop an entrepreneurship	120955
education program at North Central State College. The program	120956
shall serve as a source of entrepreneurial learning practices and	120957
innovation across the North Central State College curriculum and	120958
in Mansfield. The program may include collaboration and	120959
partnerships with local businesses and government entities.	120960

Section 371.50.85. URBAN UNIVERSITY PROGRAM

120961

Universities receiving funds from the foregoing appropriation	120962
item 235583, Urban University Program, that are used to support an	120963
ongoing university unit shall certify periodically in a manner	120964
approved by the Board of Regents that program funds are being	120965
matched on a one-to-one basis with equivalent resources. Overhead	120966
support may not be used to meet this requirement. If Urban	120967
University Program funds are being used to support an ongoing	120968
university unit, matching funds shall come from continuing rather	120969
than one-time sources. At each participating state-assisted	120970
institution of higher education, matching funds shall be within	120971
the substantial control of the individual designated by the	120972
institution's president as the Urban University Program	120973
Representative.	120974

Of the foregoing appropriation item 235583, Urban University	120975
Program, $71,618 in each fiscal year shall be used to support the	120976
Center for the Interdisciplinary Study of Education and the Urban	120977
Child at Cleveland State University. These funds shall be	120978
distributed according to rules adopted by the Board of Regents and	120979
shall be used by the center. The center shall target funds toward	120980
increasing the chance for lifetime success of the urban child,	120981
including interventions beginning with the prenatal period. The	120982
primary purpose of the center is to study issues in urban	120983
education and to systematically map directions for new approaches	120984
and new solutions by bringing together a cadre of researchers,	120985
scholars, and professionals representing the social, behavioral,	120986
educational, and health disciplines.	120987

Of the foregoing appropriation item 235583, Urban University	120988
Program, $875,586 in each fiscal year shall be distributed by the	120989
Board of Regents to Cleveland State University in support of the	120990
Maxine Goodman Levin College of Urban Affairs.	120991

Of the foregoing appropriation item 235583, Urban University	120992
Program, $875,586 in each fiscal year shall be distributed to the	120993
Northeast Ohio Research Consortium, the Urban Linkages Program,	120994
and the Urban Research Technical Assistance Grant Program. The	120995
distribution among the three programs shall be determined by the	120996
chairperson of the Urban University Program.	120997

Of the foregoing appropriation item 235583, Urban University	120998
Program, $151,194 in each fiscal year shall be used to support a	120999
public communication outreach program (WCPN). The primary purpose	121000
of the program shall be to develop a relationship between	121001
Cleveland State University and nonprofit communications entities.	121002

Of the foregoing appropriation item 235583, Urban University	121003
Program, $169,310 in each fiscal year shall be used to support the	121004
Kent State University Learning and Technology Project. This	121005
project is a kindergarten through university collaboration between	121006
schools surrounding Kent State University's eight campuses in	121007
northeast Ohio and corporate partners who assist in development	121008
and delivery.	121009

The Kent State University Learning and Technology Project	121010
shall provide a faculty member who has a full-time role in the	121011
development of collaborative activities and teacher instructional	121012
programming between Kent State University and the K-12th grade	121013
schools that surround its eight campuses; appropriate student	121014
support staff to facilitate these programs and joint activities;	121015
and hardware and software to schools that will make possible the	121016
delivery of instruction to pre-service and in-service teachers,	121017
and their students, in their own classrooms or school buildings.	121018
The latter shall involve the delivery of low-bandwidth streaming	121019
video and web-based technologies in a distributed instructional	121020
model.	121021

Of the foregoing appropriation item 235583, Urban University	121022
Program, $65,119 in each fiscal year shall be used to support the	121023
Ameritech Classroom/Center for Research at Kent State University.	121024

Of the foregoing appropriation item 235583, Urban University	121025
Program, $442,087 in each fiscal year shall be used to support the	121026
Polymer Distance Learning Project at the University of Akron.	121027

Of the foregoing appropriation item 235583, Urban University	121028
Program, $19,894 in each fiscal year shall be distributed to the	121029
Kent State University/Cleveland Design Center Program.	121030

Of the foregoing appropriation item 235583, Urban University	121031
Program, $10,199 in each fiscal year shall be used for the	121032
Advancing-Up Program at the University of Akron.	121033

Of the foregoing appropriation item 235583, Urban University	121034
Program, $85,404 in each fiscal year shall be used to support the	121035
Strategic Economic Research Collaborative at the University of	121036
Toledo Urban Affairs Center.	121037

Of the foregoing appropriation item 235583, Urban University	121038
Program, $100,679 in each fiscal year shall be used to support the	121039
Institute for Collaborative Research and Public Humanities at The	121040
Ohio State University.	121041

Of the foregoing appropriation item 235583, Urban University	121042
Program, $259,900 in each fiscal year shall be used to support the	121043
Medina County University Center.	121044

Of the foregoing appropriation item 235583, Urban University	121045
Program, $91,650 in each fiscal year shall be used to support The	121046
Ohio State University African American and African Studies	121047
Community Extension Center.	121048

Of the foregoing appropriation item 235583, Urban University	121049
Program, $122,200 in each fiscal year shall be used to support the	121050
Cleveland Institute of Art.	121051

Section 371.50.86. RURAL UNIVERSITY PROJECTS

121052

Of the foregoing appropriation item 235587, Rural University	121053
Projects, Bowling Green State University shall receive $161,171 in	121054
each fiscal year, Miami University shall receive $149,891 in each	121055
fiscal year, and Ohio University shall receive $351,334 in each	121056
fiscal year. These funds shall be used to support the Institute	121057
for Local Government Administration and Rural Development at Ohio	121058
University, the Center for Public Management and Regional Affairs	121059
at Miami University, and the Center for Regional Development at	121060
Bowling Green State University.	121061

Of the foregoing appropriation item 235587, Rural University	121062
Projects, $9,741 in each fiscal year shall be used to support the	121063
Washington State Community College day care center.	121064

Of the foregoing appropriation item 235587, Rural University	121065
Projects, $36,556 in each fiscal year shall be used to support the	121066
COAD/ILGARD/GOA Appalachian Leadership Initiative.	121067

Section 371.50.90. HAZARDOUS MATERIALS PROGRAM

121068

The foregoing appropriation item 235596, Hazardous Materials	121069
Program, shall be used by the Chancellor of the Board of Regents	121070
to make awards for the establishment or continued development and	121071
support of hazardous materials education, studies, or programs at	121072
Ohio institutions of higher education.	121073

Of the foregoing appropriation item 235596, Hazardous	121074
Materials Program, $115,000 in each fiscal year shall be used to	121075
support the Center for the Interdisciplinary Study of Education	121076
and Leadership in Public Service at Cleveland State University	121077
which was created with the cooperation of the Ohio Professional	121078
Fire Fighters Association. These funds shall be distributed by the	121079
Chancellor of the Board of Regents and shall be used by the	121080
center and targeted toward increasing the role of special	121081
populations in public service and not-for-profit organizations.	121082
The primary purpose of the center is to study issues in public	121083
service and to guide strategies for attracting new communities	121084
into public service occupations by bringing together a cadre of	121085
researchers, scholars, and professionals representing the public	121086
administration, social behavioral, and education disciplines.	121087

Section 371.60.10. NATIONAL GUARD SCHOLARSHIP PROGRAM

121088

The Chancellor of the Board of Regents shall disburse funds	121089
from appropriation item 235599, National Guard Scholarship	121090
Program, at the direction of the Adjutant General. During each	121091
fiscal year, the Chancellor of the Board of Regents, within ten	121092
days of cancellation, may certify to the Director of Budget and	121093
Management the amount of canceled prior-year encumbrances in	121094
appropriation item 235599, National Guard Scholarship Program.	121095
Upon receipt of the certification, the Director of Budget and	121096
Management may transfer cash in an amount up to the amount	121097
certified from the General Revenue Fund to the National Guard	121098
Scholarship Reserve Fund (Fund 5BM0). Upon the request of the	121099
Adjutant General, the Chancellor of the Board of Regents shall	121100
seek Controlling Board approval to authorize additional	121101
expenditures for appropriation item 235623, National Guard	121102
Scholarship Reserve Fund. Upon approval of the Controlling Board,	121103
the additional amounts are hereby appropriated. The Chancellor of	121104
the Board of Regents shall disburse funds from appropriation	121105
item 235623, National Guard Scholarship Reserve Fund, at the	121106
direction of the Adjutant General.	121107

Section 371.60.15. YOUNGSTOWN STATE PILOT SERVICE AREA STUDY	121108
COMMITTEE	121109

There is hereby established the Youngstown State Pilot	121110
Service Area Study Committee. The Committee shall examine the cost	121111
and feasibility of creating a Youngstown State Pilot Service Area.	121112
The Committee shall determine what counties may be included in the	121113
pilot service area and the need for reciprocity arrangements with	121114
participating counties. The Board of Regents shall provide	121115
administrative support for the Committee.	121116

The membership of the Committee shall consist of the	121117
Chancellor of the Board of Regents, or the Chancellor's designee,	121118
who shall act as chair; the President of Youngstown State	121119
University, or the President's designee; one additional	121120
representative of Youngstown State University; one member of the	121121
House of Representatives from each political party, appointed by	121122
the Speaker of the House of Representatives; and one member of the	121123
Senate from each political party, appointed by the President of	121124
the Senate. Initial appointments to the Committee shall be	121125
completed within ninety days of the effective date of this	121126
section. The Chancellor shall convene the Committee not more than	121127
thirty days after the final appointment has been made.	121128

The Committee shall submit its recommendations in a written	121129
report to the Governor, the Speaker of the House of	121130
Representatives, and the President of the Senate not later than	121131
June 30, 2010. Upon completion of its report, the Committee shall	121132
cease to exist.	121133

Section 371.60.20. PLEDGE OF FEES

121134

Any new pledge of fees, or new agreement for adjustment of	121135
fees, made in the biennium ending June 30, 2011, to secure bonds	121136
or notes of a state-assisted institution of higher education for a	121137
project for which bonds or notes were not outstanding on the	121138
effective date of this section shall be effective only after	121139
approval by the Chancellor of the Board of Regents, unless	121140
approved in a previous biennium.	121141

Section 371.60.30. HIGHER EDUCATION GENERAL OBLIGATION DEBT	121142
SERVICE	121143

The foregoing appropriation item 235909, Higher Education	121144
General Obligation Debt Service, shall be used to pay all debt	121145
service and related financing costs at the times they are required	121146
to be made for obligations issued during the period from July 1,	121147
2009, to June 30, 2011, under sections 151.01 and 151.04 of the	121148
Revised Code.	121149

Section 371.60.40. SALES AND SERVICES

121150

The Chancellor of the Board of Regents is authorized to	121151
charge and accept payment for the provision of goods and	121152
services. Such charges shall be reasonably related to the cost of	121153
producing the goods and services. No charges may be levied for	121154
goods or services that are produced as part of the routine	121155
responsibilities or duties of the Chancellor. All revenues	121156
received by the Chancellor of the Board of Regents shall be	121157
deposited into Fund 4560, and may be used by the Chancellor of the	121158
Board of Regents to pay for the costs of producing the goods and	121159
services.	121160

Section 371.60.50. HIGHER EDUCATIONAL FACILITY COMMISSION	121161
ADMINISTRATION	121162

The foregoing appropriation item 235602, Higher Educational	121163
Facility Commission Administration, shall be used by the	121164
Chancellor of the Board of Regents for operating expenses related	121165
to the Chancellor of the Board of Regents' support of the	121166
activities of the Ohio Higher Educational Facility Commission.	121167
Upon the request of the Chancellor, the Director of Budget and	121168
Management shall transfer up to $45,000 cash in fiscal year 2010	121169
and up to $45,000 cash in fiscal year 2011 from the HEFC Operating	121170
Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund	121171
4E80).	121172

Section 371.60.60. NURSING LOAN PROGRAM

121173

The foregoing appropriation item 235606, Nursing Loan	121174
Program, shall be used to administer the nurse education	121175
assistance program. Up to $167,580 in each fiscal year may be used	121176
for operating expenses associated with the program. Any additional	121177
funds needed for the administration of the program are subject to	121178
Controlling Board approval.	121179

Section 371.60.70. VETERANS PREFERENCES

121180

The Chancellor of the Board of Regents shall work with the	121181
Department of Veterans Services to develop specific veterans	121182
preference guidelines for higher education institutions. These	121183
guidelines shall ensure that the institutions' hiring practices	121184
are in accordance with the intent of Ohio's veterans preference	121185
laws.	121186

Section 371.60.80. STATE NEED-BASED FINANCIAL AID	121187
RECONCILIATION	121188

By the first day of August in each fiscal year, or as soon as	121189
possible thereafter, the Chancellor of the Ohio Board of Regents	121190
shall certify to the Director of Budget and Management the amount	121191
necessary to pay any outstanding prior year obligations to higher	121192
education institutions for the state's need-based financial aid	121193
programs. The amounts certified are hereby appropriated to	121194
appropriation item 235618, State Need-based Financial Aid	121195
Reconciliation, from revenues received in the State Need-based	121196
Financial Aid Reconciliation Fund (Fund 5Y50).	121197

Section 371.60.90. TRANSFERS TO STATE NEED-BASED FINANCIAL	121198
AID PROGRAMS	121199

In each fiscal year of the biennium, if the Chancellor of the	121200
Board of Regents determines that additional funds are needed to	121201
support the distribution of state need-based financial aid in	121202
accordance with section 3333.122 of the Revised Code, the	121203
Chancellor shall recommend the reallocation of the unexpended,	121204
unencumbered portions of General Revenue Fund appropriation items	121205
in the Board of Regents to appropriation item 235563, Ohio	121206
College Opportunity Grant. If the Director of Budget and	121207
Management determines that such a reallocation is required, the	121208
Director may transfer appropriation in an amount not to exceed	121209
those unexpended, unencumbered General Revenue Fund appropriations	121210
in the Board of Regents as necessary to appropriation item	121211
235563, Ohio College Opportunity Grant.	121212

If those transferred appropriations are not sufficient to	121213
support the distribution of state need-based financial aid in	121214
accordance with section 3333.122 of the Revised Code in each	121215
fiscal year, the Director of Budget and Management may authorize	121216
expenditures in excess of the amounts appropriated, but not to	121217
exceed $5,000,000 in each fiscal year from appropriation item	121218
235563, Ohio College Opportunity Grant. Upon approval of the	121219
Director of Budget and Management, the additional amounts are	121220
hereby appropriated.	121221

Section 371.60.93. GENERAL REVENUE FUND TRANSFER

121222

On July 1 of each fiscal year, or as soon as possible	121223
thereafter, the Director of Budget and Management shall transfer	121224
$2,000,000 cash from the General Revenue Fund to the Third	121225
Frontier Research and Development Fund (Fund 7011).	121226

Section 371.60.95. TRANSFER AND ADJUSTMENT OF ARRA STATE	121227
FISCAL STABILIZATION FUND APPROPRIATIONS	121228

The Director of Budget and Management may transfer	121229
appropriation between appropriation items 235501, State Share of	121230
Instruction, 235646, SSI – Federal Stimulus – Government Services,	121231
and 235644, State Share of Instruction – Federal Stimulus –	121232
Education, in each fiscal year, upon the written request of the	121233
Chancellor of the Board of Regents, including transferring	121234
appropriation between fiscal year 2010 and fiscal year 2011. The	121235
Director shall report each transfer made under this section to	121236
the Controlling Board at its next regularly scheduled meeting	121237
after the transfer is made.	121238

Section 371.70.10. EFFICIENCY SAVINGS

121239

Each state-assisted institution of higher education, as	121240
defined in section 3345.011 of the Revised Code, shall demonstrate	121241
at least a three per cent savings through internal efficiencies in	121242
each fiscal year. Institutions shall identify savings to the	121243
Chancellor of the Board of Regents, who shall certify the amount	121244
of savings of each institution.	121245

Section 371.70.20. OHIO TUITION TRUST AUTHORITY BECOMES	121246
ADVISORY BOARD TO CHANCELLOR	121247

(A) On and after the effective date of this section:

121248

(1) The Ohio Tuition Trust Authority, as established by	121249
former section 3334.03 of the Revised Code, shall become the Ohio	121250
Tuition Trust Advisory Board charged with the duty to advise the	121251
Chancellor of the Ohio Board of Regents in carrying out the	121252
Chancellor's duties.	121253

(2) The Chancellor of the Ohio Board of Regents shall have	121254
the powers and duties formerly prescribed to and duties of the	121255
Ohio Tuition Trust Authority and any other powers and duties	121256
granted to the Chancellor by law enacted after the effective date	121257
of this section.	121258

(3) The Chancellor is thereupon and thereafter successor to,	121259
assumes obligations of, and otherwise constitutes the continuation	121260
of the Ohio Tuition Trust Authority.	121261

(4) Any business commenced but not completed by the Ohio	121262
Tuition Trust Authority shall be completed by the Chancellor in	121263
the same manner, with the same effect, as if completed by the	121264
Authority. No validation, cure, right, privilege, remedy,	121265
obligation, or liability is lost or impaired by reason of the	121266
change in powers and duties prescribed in the provisions amended	121267
and enacted by this act.	121268

(5) All rules of the Ohio Tuition Trust Authority continue in	121269
effect as rules of the Chancellor, until amended or rescinded by	121270
the Chancellor.	121271

(6) Except as otherwise specified in section 3334.031 of the	121272
Revised Code or another provision of law enacted after the	121273
effective date of this section, when the Ohio Tuition Trust	121274
Authority is referred to in any statute, rule, contract, grant, or	121275
other document, the reference shall be construed to refer to the	121276
Chancellor.	121277

(B) No judicial or administrative action or proceeding in	121278
which the Ohio Tuition Trust Authority is a party that is pending	121279
on the effective date of this section, is affected by the change	121280
in powers and duties prescribed in the provisions amended and	121281
enacted by this act. Such action or proceeding shall be prosecuted	121282
or defended in the name of the Chancellor. On application to the	121283
court or other tribunal, the Chancellor shall be substituted for	121284
the Ohio Tuition Trust Authority as a party to such action or	121285
proceeding.	121286

(C) Subject to division (C) of section 3334.08 of the Revised	121287
Code, personnel of the Ohio Tuition Trust Authority remain subject	121288
to the appointment by and continue to serve at the pleasure of the	121289
Chancellor.	121290

(D) On the effective date of this section, all books,	121291
records, documents, files, transcripts, equipment, furniture,	121292
supplies, and other materials assigned to or in the possession of	121293
the Ohio Tuition Trust Authority shall be transferred to the	121294
Chancellor.	121295

Section 375.10. DRC DEPARTMENT OF REHABILITATION AND	121296
CORRECTION	121297

General Revenue Fund							121298
GRF	501321	Institutional Operations	$	928,188,147	$	903,630,244	121299
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	121300
GRF	501405	Halfway House	$	41,128,699	$	42,360,343	121301
GRF	501406	Lease Rental Payments	$	101,578,100	$	98,080,200	121302
GRF	501407	Community Nonresidential Programs	$	21,925,802	$	22,431,567	121303
GRF	501408	Community Misdemeanor Programs	$	11,092,468	$	11,380,242	121304
GRF	501501	Community Residential Programs - CBCF	$	62,517,256	$	64,281,774	121305
GRF	501620	Institutional Operations - Federal Stimulus	$	0	$	34,200,000	121306
GRF	502321	Mental Health Services	$	80,844,321	$	84,462,467	121307
GRF	503321	Parole and Community Operations	$	75,785,243	$	77,326,155	121308
GRF	504321	Administrative Operations	$	26,388,606	$	27,069,477	121309
GRF	505321	Institution Medical Services	$	252,462,498	$	251,763,268	121310
GRF	506321	Institution Education Services	$	22,730,539	$	23,183,959	121311
GRF	507321	Institution Recovery Services	$	5,025,028	$	5,899,110	121312
TOTAL GRF General Revenue Fund			$	1,638,265,962	$	1,654,668,061	121313

General Services Fund Group	121314

1480	501602	Services and Agricultural	$	108,290,058	$	111,062,533	121315
2000	501607	Ohio Penal Industries	$	40,845,414	$	40,845,414	121316
4830	501605	Property Receipts	$	255,015	$	261,315	121317
4B00	501601	Sewer Treatment Services	$	2,467,630	$	2,529,828	121318
4D40	501603	Prisoner Programs	$	14,600,000	$	14,800,000	121319
4L40	501604	Transitional Control	$	2,042,548	$	2,051,451	121320
4S50	501608	Education Services	$	2,800,000	$	3,000,000	121321
5710	501606	Training Academy Receipts	$	75,190	$	75,190	121322
5930	501618	Laboratory Services	$	6,476,314	$	6,740,260	121323
5AF0	501609	State and Non-Federal Awards	$	262,718	$	262,718	121324
5H80	501617	Offender Financial Responsibility	$	3,000,000	$	3,000,000	121325
5L60	501611	Information Technology Services	$	1,000,000	$	1,000,000	121326
TOTAL GSF General Services Fund Group			$	182,114,887	$	185,628,709	121327

Federal Special Revenue Fund Group	121328

3230	501619	Federal Grants	$	12,198,353	$	12,198,353	121329
3S10	501615	Truth-In-Sentencing Grants	$	8,251,241	$	0	121330
TOTAL FED Federal Special Revenue							121331
Fund Group			$	20,449,594	$	12,198,353	121332

TOTAL ALL BUDGET FUND GROUPS

1,840,830,443

1,852,495,123

121333

UNIT MANAGEMENT MODEL IMPLEMENTATION

121334

The Department of Rehabilitation and Correction shall	121335
implement the unit management model at the Mansfield Correctional	121336
Institution, including the filling of all authorized unit	121337
management staff positions.	121338

UNIT MANAGEMENT MODEL IMPLEMENTATION

121339

The Department of Rehabilitation and Correction shall	121340
implement the unit management model at the Southern Ohio	121341
Correctional Facility, including the filling of all authorized	121342
unit management staff positions.	121343

COMMUNITY INTEGRATION AND SOCIALIZATION PROGRAM

121344

Of the foregoing appropriation item 501405, Halfway House, on	121345
July 1 of each fiscal year, or as soon as possible thereafter, the	121346
Director of Budget and Management shall transfer $56,400 in cash	121347
to the Treasurer of Portage County to support the Community	121348
Integration and Socialization Program within Portage County.	121349

HALFWAY HOUSE

121350

Of the foregoing appropriation item 501405, Halfway House, on	121351
July 1 of each fiscal year, or as soon as possible thereafter,	121352
$17,500 shall be disbursed to the Stark Social Workers' Network.	121353

OHIO BUILDING AUTHORITY LEASE PAYMENTS

121354

The foregoing appropriation item 501406, Lease Rental	121355
Payments, shall be used to meet all payments during the period	121356
from July 1, 2009, to June 30, 2011, under the primary leases and	121357
agreements for those buildings made under Chapter 152. of the	121358
Revised Code. These appropriations are the source of funds pledged	121359
for bond service charges or obligations issued pursuant to Chapter	121360
152. of the Revised Code.	121361

PRISONER COMPENSATION

121362

Money from the foregoing appropriation item 501403, Prisoner	121363
Compensation, shall be transferred on a quarterly basis by	121364
intrastate transfer voucher to the Services and Agricultural Fund	121365
(Fund 1480) for the purposes of paying prisoner compensation.	121366

JUSTICE REINVESTMENT STUDY

121367

Of the foregoing appropriation item 504321, Administrative	121368
Operations, $100,000 in fiscal year 2010 shall be provided to the	121369
Council of State Governments to fund the Justice Reinvestment	121370
Study. The Council of State Governments shall report its findings	121371
to the Governor and the General Assembly not later than July 1,	121372
2010.	121373

OSU MEDICAL CHARGES

121374

Notwithstanding section 341.192 of the Revised Code, at the	121375
request of the Department of Rehabilitation and Correction, The	121376
Ohio State University Medical Center, including the James Cancer	121377
Hospital and Solove Research Institute and the Richard M. Ross	121378
Heart Hospital, shall provide necessary care to persons who are	121379
confined in state adult correctional facilities. The provision of	121380
necessary care shall be billed to the Department at a rate not to	121381
exceed the authorized reimbursement rate for the same service	121382
established by the Department of Job and Family Services under the	121383
Medical Assistance Program.	121384

Section 377.10. RSC REHABILITATION SERVICES COMMISSION

121385

General Revenue Fund	121386

GRF	415402	Independent Living Council	$	360,000	$	360,000	121387
GRF	415406	Assistive Technology	$	38,025	$	38,025	121388
GRF	415431	Office for People with Brain Injury	$	180,810	$	180,810	121389
GRF	415506	Services for People with Disabilities	$	18,738,043	$	18,738,043	121390
GRF	415508	Services for the Deaf	$	100,000	$	100,000	121391
TOTAL GRF General Revenue Fund			$	19,416,878	$	19,416,878	121392

General Services Fund Group	121393

4670	415609	Business Enterprise Operating Expenses	$	1,393,002	$	1,389,851	121394
TOTAL GSF General Services							121395
Fund Group			$	1,393,002	$	1,389,851	121396

Federal Special Revenue Fund Group	121397

3170	415620	Disability Determination	$	81,685,226	$	83,498,461	121398
3790	415616	Federal - Vocational Rehabilitation	$	130,057,624	$	131,132,654	121399
3L10	415601	Social Security Personal Care Assistance	$	3,000,000	$	2,700,000	121400
3L10	415605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	121401
3L10	415608	Social Security Special Programs/Assistance	$	1,752,714	$	1,884,714	121402
3L40	415612	Federal Independent Living Centers or Services	$	620,880	$	620,880	121403
3L40	415615	Federal - Supported Employment	$	883,214	$	839,054	121404
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,951,862	$	1,953,293	121405
TOTAL FED Federal Special							121406
Revenue Fund Group			$	220,701,520	$	223,379,056	121407

State Special Revenue Fund Group	121408

4680	415618	Third Party Funding	$	5,008,974	$	5,008,974	121409
4L10	415619	Services for Rehabilitation	$	4,067,773	$	3,994,154	121410
4W50	415606	Program Management Expenses	$	15,620,782	$	15,767,803	121411
TOTAL SSR State Special							121412
Revenue Fund Group			$	24,697,529	$	24,770,931	121413
TOTAL ALL BUDGET FUND GROUPS			$	266,208,929	$	268,956,716	121414

INDEPENDENT LIVING COUNCIL

121415

The foregoing appropriation item 415402, Independent Living	121416
Council, shall be used to fund the operations of the State	121417
Independent Living Council and shall be used to support state	121418
independent living centers and independent living services under	121419
Title VII of the Independent Living Services and Centers for	121420
Independent Living of the Rehabilitation Act Amendments of 1992,	121421
106 Stat. 4344, 29 U.S.C. 796d.	121422

ASSISTIVE TECHNOLOGY

121423

The foregoing appropriation item 415406, Assistive	121424
Technology, shall be provided to Assistive Technology of Ohio and	121425
used to provide grants and assistive technology services under the	121426
program for people with disabilities in the State of Ohio.	121427

OFFICE FOR PEOPLE WITH BRAIN INJURY

121428

The foregoing appropriation item 415431, Office for People	121429
with Brain Injury, shall be used to plan and coordinate	121430
head-injury-related services provided by state agencies and other	121431
government or private entities, to assess the needs for such	121432
services, and to set priorities in this area.	121433

VOCATIONAL REHABILITATION SERVICES

121434

The foregoing appropriation item 415506, Services for People	121435
with Disabilities, shall be used as state matching funds to	121436
provide vocational rehabilitation services to eligible consumers.	121437

At the request of the Chancellor of the Board of Regents, the	121438
Director of Budget and Management may transfer any unexpended,	121439
unencumbered appropriation in fiscal year 2010 or fiscal year 2011	121440
from appropriation item 235502, Student Support Services, to	121441
appropriation item 415506, Services for People with Disabilities.	121442
Any appropriation so transferred shall be used by the Ohio	121443
Rehabilitation Services Commission to obtain additional federal	121444
matching funds to serve disabled students.	121445

SERVICES FOR THE DEAF

121446

Of the foregoing appropriation item 415508, Services for the	121447
Deaf, $60,000 in each fiscal year shall be used as state matching	121448
funds to provide vocational rehabilitation services to eligible	121449
consumers who are deaf or hard of hearing.	121450

The remainder of foregoing appropriation item 415508,	121451
Services for the Deaf, shall be used to provide grants to	121452
community centers for the deaf. These funds shall not be provided	121453
in lieu of Social Security reimbursement funds.	121454

FEDERAL – VOCATIONAL REHABILITATION

121455

Of the foregoing appropriation item 415616, Federal –	121456
Vocational Rehabilitation, $222,000 shall be used to provide	121457
vocational rehabilitation services to eligible consumers who are	121458
deaf or hard of hearing.	121459

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

121460

The foregoing appropriation item 415617, Independent	121461
Living/Vocational Rehabilitation Programs, shall be used to	121462
support vocational rehabilitation programs.	121463

SOCIAL SECURITY REIMBURSEMENT FUNDS

121464

Reimbursement funds received from the Social Security	121465
Administration, United States Department of Health and Human	121466
Services, for the costs of providing services and training to	121467
return disability recipients to gainful employment shall be	121468
expended from the Social Security Reimbursement Fund (Fund 3L10),	121469
to the extent funds are available, as follows:	121470

(A) Appropriation item 415601, Social Security Personal Care	121471
Assistance, to provide personal care services in accordance with	121472
section 3304.41 of the Revised Code;	121473

(B) Appropriation item 415605, Social Security Community	121474
Centers for the Deaf, to provide grants to community centers for	121475
the deaf in Ohio for services to individuals with hearing	121476
impairments; and	121477

(C) Appropriation item 415608, Social Security Special	121478
Programs/Assistance, to provide vocational rehabilitation services	121479
to individuals with severe disabilities who are Social Security	121480
beneficiaries, to enable them to achieve competitive employment.	121481
This appropriation item shall also be used to pay a portion of	121482
indirect costs of the Personal Care Assistance Program and the	121483
Independent Living Programs as mandated by federal OMB Circular	121484
A-87.	121485

PROGRAM MANAGEMENT EXPENSES

121486

The foregoing appropriation item 415606, Program Management	121487
Expenses, shall be used to support the administrative functions of	121488
the commission related to the provision of vocational	121489
rehabilitation, disability determination services, and ancillary	121490
programs.	121491

Section 379.10. RCB RESPIRATORY CARE BOARD

121492

General Services Fund Group	121493

4K90	872609	Operating Expenses	$	495,689	$	495,689	121494
TOTAL GSF General Services							121495
Fund Group			$	495,689	$	495,689	121496
TOTAL ALL BUDGET FUND GROUPS			$	495,689	$	495,689	121497

Section 381.10. RDF REVENUE DISTRIBUTION FUNDS

121499

Volunteer Firefighters' Dependents Fund	121500

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	121501
TOTAL 085 Volunteer Firefighters'							121502
Dependents Fund			$	300,000	$	300,000	121503
Agency Fund Group							121504
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	121505
6080	001699	Investment Earnings	$	250,000,000	$	250,000,000	121506
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	121507
7063	110963	Permissive Tax Distribution	$	1,849,000,000	$	1,849,000,000	121508
7067	110967	School District Income Tax	$	350,000,000	$	350,000,000	121509
TOTAL AGY Agency Fund Group			$	2,453,100,000	$	2,453,100,000	121510

Holding Account Redistribution	121511

R045	110617	International Fuel Tax Distribution	$	50,000,000	$	50,000,000	121512
TOTAL 090 Holding Account Redistribution Fund			$	50,000,000	$	50,000,000	121513
Revenue Distribution Fund Group							121514
7049	038900	Indigent Drivers Alcohol Treatment	$	2,200,000	$	2,200,000	121515
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	121516
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	121517
7054	110954	Local Government Property Tax Replacement - Utility	$	95,125,000	$	95,125,000	121518
7060	110960	Gasoline Excise Tax Fund	$	375,000,000	$	375,000,000	121519
7065	110965	Public Library Fund	$	403,600,000	$	404,900,000	121520
7066	800966	Undivided Liquor Permits	$	13,500,000	$	13,500,000	121521
7068	110968	State and Local Government Highway Distribution	$	242,500,000	$	242,500,000	121522
7069	110969	Local Government Fund	$	673,700,000	$	676,000,000	121523
7081	110981	Local Government Property Tax Replacement-Business	$	366,800,000	$	378,000,000	121524
7082	110982	Horse Racing Tax	$	130,000	$	130,000	121525
7083	700900	Ohio Fairs Fund	$	2,325,000	$	2,325,000	121526
TOTAL RDF Revenue Distribution							121527
Fund Group			$	2,743,880,000	$	2,758,680,000	121528
TOTAL ALL BUDGET FUND GROUPS			$	5,247,280,000	$	5,262,080,000	121529

ADDITIONAL APPROPRIATIONS

121530

Appropriation items in this section shall be used for the	121531
purpose of administering and distributing the designated revenue	121532
distribution funds according to the Revised Code. If it is	121533
determined that additional appropriations are necessary for this	121534
purpose, such amounts are hereby appropriated.	121535

GENERAL REVENUE FUND TRANSFERS

121536

Notwithstanding any provision of law to the contrary, in	121537
fiscal year 2010 and fiscal year 2011, the Director of Budget and	121538
Management may transfer from the General Revenue Fund to the Local	121539
Government Tangible Property Tax Replacement Fund (Fund 7081) in	121540
the Revenue Distribution Fund Group, those amounts necessary to	121541
reimburse local taxing units under section 5751.22 of the Revised	121542
Code. Also, in fiscal year 2010 and fiscal year 2011, the	121543
Director of Budget and Management may make temporary transfers	121544
from the General Revenue Fund to ensure sufficient balances in	121545
the Local Government Tangible Property Tax Replacement Fund (Fund	121546
7081) and to replenish the General Revenue Fund for such	121547
transfers.	121548

On July 1 of each fiscal year, or as soon as possible	121549
thereafter, the Director of Budget and Management shall transfer	121550
$2,500,000 cash from the General Revenue Fund to the Public	121551
Library Fund (Fund 7065).	121552

On July 1, 2010, or as soon as possible thereafter, the	121553
Director of Budget and Management shall transfer $11,200,000 cash	121554
from the General Revenue Fund to the Local Government Property Tax	121555
Replacement-Business Fund (Fund 7081).	121556

Section 383.10. SAN BOARD OF SANITARIAN REGISTRATION

121557

General Services Fund Group	121558

4K90	893609	Operating Expenses	$	138,551	$	138,551	121559
TOTAL GSF General Services							121560
Fund Group			$	138,551	$	138,551	121561
TOTAL ALL BUDGET FUND GROUPS			$	138,551	$	138,551	121562

Section 384.10. OSB OHIO STATE SCHOOL FOR THE BLIND

121564

General Revenue Fund	121565

GRF	226100	Personal Services	$	7,326,155	$	7,326,155	121566
GRF	226200	Maintenance	$	688,363	$	688,363	121567
GRF	226300	Equipment	$	72,783	$	72,783	121568
TOTAL GRF General Revenue Fund			$	8,087,301	$	8,087,301	121569

General Services Fund Group	121570

4H80	226602	Education Reform Grants	$	61,000	$	61,000	121571
TOTAL GSF General Services							121572
Fund Group			$	61,000	$	61,000	121573

Federal Special Revenue Fund Group	121574

3100	226626	Coordinating Unit	$	2,527,105	$	2,527,105	121575
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	121576
TOTAL FED Federal Special							121577
Revenue Fund Group			$	2,577,105	$	2,577,105	121578

State Special Revenue Fund Group	121579

4M50	226601	Work Study and Technology Investment	$	250,000	$	250,000	121580
TOTAL SSR State Special Revenue							121581
Fund Group			$	250,000	$	250,000	121582
TOTAL ALL BUDGET FUND GROUPS			$	10,975,406	$	10,975,406	121583

Section 384.50. OSD OHIO SCHOOL FOR THE DEAF

121585

General Revenue Fund	121586

GRF	221100	Personal Services	$	8,713,704	$	8,713,704	121587
GRF	221200	Maintenance	$	905,035	$	905,035	121588
GRF	221300	Equipment	$	78,650	$	78,650	121589
TOTAL GRF General Revenue Fund			$	9,697,389	$	9,697,389	121590

General Services Fund Group	121591

4M10	221602	Education Reform Grants	$	76,000	$	76,000	121592
TOTAL GSF General Services							121593
Fund Group			$	76,000	$	76,000	121594

Federal Special Revenue Fund Group	121595

3110	221625	Coordinating Unit	$	2,460,135	$	2,460,135	121596
3AD0	221604	VREAL Ohio	$	25,000	$	25,000	121597
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	121598
3Y10	221686	Early Childhood Grant	$	300,000	$	300,000	121599
TOTAL FED Federal Special							121600
Revenue Fund Group			$	2,820,135	$	2,820,135	121601

State Special Revenue Fund Group	121602

4M00	221601	Educational Program Expenses	$	190,000	$	190,000	121603
5H60	221609	Even Start Fees and Gifts	$	250,716	$	250,716	121604
TOTAL SSR State Special Revenue							121605
Fund Group			$	440,716	$	440,716	121606
TOTAL ALL BUDGET FUND GROUPS			$	13,034,240	$	13,034,240	121607

Section 385.10. SFC SCHOOL FACILITIES COMMISSION

121609

General Revenue Fund	121610

GRF	230908		Common Schools General Obligation Debt Service		$	192,559,200		$	165,510,500		121611
TOTAL GRF General Revenue Fund					$	192,559,200		$	165,510,500		121612

State Special Revenue Fund Group	121613

5E30	230644	Operating Expenses	$	9,885,436	$	10,132,034	121614
TOTAL SSR State Special Revenue							121615
Fund Group			$	9,885,436	$	10,132,034	121616
TOTAL ALL BUDGET FUND GROUPS			$	202,444,636	$	175,642,534	121617

Section 385.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT	121619
SERVICE	121620

The foregoing appropriation item 230908, Common Schools	121621
General Obligation Debt Service, shall be used to pay all debt	121622
service and related financing costs at the times they are required	121623
to be made for obligations issued during the period from July 1,	121624
2009, through June 30, 2011, under sections 151.01 and 151.03 of	121625
the Revised Code.	121626

OPERATING EXPENSES

121627

The foregoing appropriation item 230644, Operating Expenses,	121628
shall be used by the Ohio School Facilities Commission to carry	121629
out its responsibilities under this section and Chapter 3318. of	121630
the Revised Code.	121631

In both fiscal years 2010 and 2011, the Executive Director of	121632
the Ohio School Facilities Commission shall certify on a quarterly	121633
basis to the Director of Budget and Management the amount of cash	121634
from interest earnings to be transferred from the School Building	121635
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	121636
7021), and the Educational Facilities Trust Fund (Fund N087) to	121637
the Ohio School Facilities Commission Fund (Fund 5E30). The	121638
amount transferred from the School Building Assistance Fund (Fund	121639
7032) may not exceed investment earnings credited to the fund,	121640
less any amount required to be paid for federal arbitrage rebate	121641
purposes.	121642

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

121643

At the request of the Executive Director of the Ohio School	121644
Facilities Commission, the Director of Budget and Management may	121645
cancel encumbrances for school district projects from a previous	121646
biennium if the district has not raised its local share of project	121647
costs within one year of receiving Controlling Board approval	121648
under section 3318.05 of the Revised Code. The Executive Director	121649
of the Ohio School Facilities Commission shall certify the amounts	121650
of the canceled encumbrances to the Director of Budget and	121651
Management on a quarterly basis. The amounts of the canceled	121652
encumbrances are hereby appropriated.	121653

Section 385.30. AMENDMENT TO PROJECT AGREEMENT FOR	121654
MAINTENANCE LEVY	121655

The Ohio School Facilities Commission shall amend the	121656
project agreement between the Commission and a school district	121657
that is participating in the Accelerated Urban School Building	121658
Assistance Program on the effective date of this section, if the	121659
Commission determines that it is necessary to do so in order to	121660
comply with division (B)(3)(c) of section 3318.38 of the Revised	121661
Code, as amended by this act.	121662

Section 385.40. STUDY OF COMMUNITY SPACE

121663

The Executive Director of the Ohio School Facilities	121664
Commission shall conduct a study of spaces included in classroom	121665
facilities projects financed by the Commission under Chapter	121666
3318. of the Revised Code that are used for activities, services,	121667
and programs shared between schools and other public and private	121668
entities in their communities. The study shall identify and	121669
describe such spaces included in current or completed projects	121670
and shall recommend best practices for enhancing opportunities for	121671
including shared community spaces in future projects. The	121672
Executive Director shall submit a written report of the results	121673
and recommendations of the study to the Commission not later than	121674
December 31, 2009.	121675

Section 385.50. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	121676
FACILITIES	121677

Notwithstanding any other provision of law to the contrary,	121678
the Ohio School Facilities Commission may provide assistance under	121679
the Exceptional Needs School Facilities Program established in	121680
section 3318.37 of the Revised Code to any school district, and	121681
not exclusively to a school district in the lowest seventy-five	121682
per cent of adjusted valuation per pupil on the current ranking of	121683
school districts established under section 3318.011 of the Revised	121684
Code, for the purpose of the relocation or replacement of school	121685
facilities required as a result of extreme environmental	121686
contamination.	121687

The school district's portion of a project to replace a	121688
contaminated facility undertaken pursuant to this section shall	121689
not exceed seventy-five per cent of the cost of the project. This	121690
paragraph does not affect the district's portion of the cost of	121691
subsequent classroom facilities projects the district may	121692
undertake under Chapter 3318. of the Revised Code.	121693

The Ohio School Facilities Commission shall contract with an	121694
independent environmental consultant to conduct a study and to	121695
report to the Commission as to the seriousness of the	121696
environmental contamination, whether the contamination violates	121697
applicable state and federal standards, and whether the facilities	121698
are no longer suitable for use as school facilities. The	121699
Commission then shall make a determination regarding funding for	121700
the relocation or replacement of the school facilities. If the	121701
federal government or other public or private entity provides	121702
funds for restitution of costs incurred by the state or school	121703
district in the relocation or replacement of the school	121704
facilities, the school district shall use such funds in excess of	121705
the school district's share to refund the state for the state's	121706
contribution to the environmental contamination portion of the	121707
project. The school district may apply an amount of such	121708
restitution funds up to an amount equal to the school district's	121709
portion of the project, as defined by the Commission, toward	121710
paying its portion of that project to reduce the amount of bonds	121711
the school district otherwise must issue to receive state	121712
assistance under sections 3318.01 to 3318.20 of the Revised Code.	121713

Section 385.60. CANTON CITY SCHOOL DISTRICT PROJECT

121714

(A) The Ohio School Facilities Commission may commit up to	121715
thirty-five million dollars to the Canton City School District for	121716
construction of a facility described in this section, in lieu of a	121717
high school that would otherwise be authorized under Chapter 3318.	121718
of the Revised Code. The Commission shall not commit funds under	121719
this section unless all of the following conditions are met:	121720

(1) The District has entered into a cooperative agreement	121721
with a state-assisted technical college;	121722

(2) The District has received an irrevocable commitment of	121723
additional funding from nonpublic sources; and	121724

(3) The facility is intended to serve both secondary and	121725
postsecondary instructional purposes.	121726

(B) The Commission shall enter into an agreement with the	121727
District for the construction of the facility authorized under	121728
this section that is separate from and in addition to the	121729
agreement required for the District's participation in the	121730
Classroom Facilities Assistance Program under section 3318.08 of	121731
the Revised Code. Notwithstanding that section and sections	121732
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	121733
agreement shall provide, but not be limited to, the following:	121734

(1) The Commission shall not have any oversight	121735
responsibilities over the construction of the facility.	121736

(2) The facility need not comply with the specifications for	121737
plans and materials for high schools adopted by the Commission.	121738

(3) The Commission may decrease the basic project cost that	121739
would otherwise be calculated for a high school under Chapter	121740
3318. of the Revised Code.	121741

(4) The state shall not share in any increases in the basic	121742
project cost for the facility above the amount authorized under	121743
this section.	121744

All other provisions of Chapter 3318. of the Revised Code	121745
apply to the approval and construction of a facility authorized	121746
under this section.	121747

The state funds committed to the facility authorized by this	121748
section shall be part of the total amount the state commits to the	121749
Canton City School District under Chapter 3318. of the Revised	121750
Code. All additional state funds committed to the Canton City	121751
School District for classroom facilities assistance shall be	121752
subject to all provisions of Chapter 3318. of the Revised Code.	121753

Section 385.70. Notwithstanding section 3318.05 of the	121754
Revised Code, for each school district whose project under	121755
sections 3318.01 to 3318.20 of the Revised Code was conditionally	121756
approved by the Ohio School Facilities Commission in July 2008,	121757
that conditional approval shall lapse and the amount reserved and	121758
encumbered for the project shall be released on December 31, 2009.	121759

Section 385.80. Notwithstanding any provision of Chapter	121760
3318. of the Revised Code to the contrary, and notwithstanding the	121761
agreement between the Cincinnati City School District and the Ohio	121762
School Facilities Commission under section 3318.08 of the Revised	121763
Code, the Commission shall encumber and pay state funds to the	121764
District in the amount of $4,000,000, in addition to the amount	121765
prescribed in that agreement, for the purpose of dedicating	121766
additional state funding toward the acquisition of the School for	121767
the Creative and Performing Arts, as that building is included in	121768
the District's project under section 3318.38 of the Revised Code.	121769
The District shall use the funds paid under this section solely	121770
for that purpose. The School for the Creative and Performing Arts	121771
need not comply with the specifications included in the Ohio	121772
Design Manual adopted by the Commission to implement classroom	121773
facilities projects under Chapter 3318. of the Revised Code. This	121774
section shall not affect any other building included in the	121775
District's project under section 3318.38 of the Revised Code, nor	121776
shall it affect the state's portion of funding for the remainder	121777
of that project.	121778

The Commission shall use funds appropriated to it for	121779
classroom facilities projects to pay the funds required under this	121780
section. The Commission shall encumber the funds required under	121781
this section in accordance with section 3318.11 of the Revised	121782
Code.	121783

Section 385.90. (A) As used in this section:

121784

(1) "Basic project cost," "percentile," and "project" have	121785
the same meanings as in section 3318.01 of the Revised Code.	121786

(2) "Equity list" means the school district percentile	121787
rankings calculated under section 3318.011 of the Revised Code.	121788

(3) A school district's "portion of the basic project cost"	121789
means the amount calculated under section 3318.032 of the Revised	121790
Code.	121791

(B) Notwithstanding any provision of Chapter 3318. of the	121792
Revised Code to the contrary, in the case of a school district	121793
that received in fiscal year 2008 elector approval for a bond	121794
issue for its portion of the basic project cost of a project under	121795
sections 3318.01 to 3318.20 of the Revised Code, based on a	121796
preliminary estimated equity list projecting rankings of school	121797
districts if amendments to section 3318.011 of the Revised Code	121798
enacted by Am. Sub. H.B. 119 of the 127th General Assembly had	121799
been effective for projects in that fiscal year, and which	121800
district on the alternate equity list for fiscal year 2009 funding	121801
required by Section 733.13 of Am. Sub. H.B. 562 of the 127th	121802
General Assembly, retroactively applying those amendments, was	121803
ranked one percentile higher than on the preliminary estimated	121804
equity list, resulting in the district's calculated portion being	121805
one per cent higher than the amount projected at the time of the	121806
bond issue election, the Ohio School Facilities Commission shall	121807
reduce the district's portion to that projected on the preliminary	121808
estimated equity list.	121809

Section 387.10. SOS SECRETARY OF STATE

121810

General Revenue Fund	121811

GRF	050321	Operating Expenses	$	2,540,508	$	2,290,508	121812
GRF	050407	Pollworkers Training	$	250,197	$	250,197	121813
TOTAL GRF General Revenue Fund			$	2,790,705	$	2,540,705	121814

General Services Fund Group	121815

4120	050609	Notary Commission	$	565,000	$	565,000	121816
4130	050601	Information Systems	$	75,000	$	50,000	121817
4140	050602	Citizen Education Fund	$	55,712	$	55,712	121818
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	121819
5FG0	050620	BOE Reimbursement and Education	$	100,000	$	100,000	121820
5FH0	050621	Statewide Ballot Advertising	$	487,600	$	487,600	121821
5FJ0	050622	County Voting Machine Revolving Lease/Loan Fund	$	500,000	$	500,000	121822
TOTAL General Services Fund Group			$	1,790,512	$	1,790,512	121823

Federal Special Revenue Fund Group	121824

3AH0	050614	Election Reform/Health and Human Services	$	800,000	$	800,000	121825
3AS0	050616	2005 HAVA Voting Machines	$	3,000,000	$	3,000,000	121826
TOTAL FED Federal Special Revenue							121827
Fund Group			$	3,800,000	$	3,800,000	121828

State Special Revenue Fund Group	121829

5990	050603	Business Services Operating Expenses	$	14,186,100	$	14,345,400	121830
5N90	050607	Technology Improvements	$	180,000	$	180,000	121831
TOTAL SSR State Special Revenue							121832
Fund Group			$	14,366,100	$	14,525,400	121833

Holding Account Redistribution Fund Group	121834

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	121835
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	121836
TOTAL 090 Holding Account							121837
Redistribution Fund Group			$	115,000	$	115,000	121838
TOTAL ALL BUDGET FUND GROUPS			$	22,862,317	$	22,746,617	121839

FEE WAIVER FOR INITIAL BUSINESS FILINGS

121840

Of the foregoing appropriation item 050321, Operating	121841
Expenses, $250,000 shall be used in fiscal year 2010 to pay the	121842
costs of the first $125 of fees charged and collected by the	121843
Secretary of State, pursuant to section 111.16 of the Revised	121844
Code, for the initial filing by new domestic or foreign business	121845
entities of for-profit corporation articles, nonprofit corporation	121846
articles, foreign license applications, professional corporation	121847
articles, limited liability company articles, partnership	121848
certificates, limited partnership certificates, and limited	121849
liability partnership certificates until the earlier of December	121850
31, 2009, or when the $250,000 is expended.	121851

EXPEDITED BUSINESS FILINGS

121852

Of the foregoing appropriation item 050321, Operating	121853
Expenses, up to $250,000 shall be used in fiscal year 2010 to pay	121854
the first $100 of costs associated with all level one expedited	121855
business filings for the initial filings of new domestic or	121856
foreign business entities, including for-profit corporation	121857
articles, nonprofit corporation articles, foreign license	121858
applications, professional corporation articles, limited liability	121859
company articles, partnership certificates, limited partnership	121860
certificates, and limited liability partnership certificates.	121861

BOARD OF VOTING MACHINE EXAMINERS

121862

The foregoing appropriation item 050610, Board of Voting	121863
Machine Examiners, shall be used to pay for the services and	121864
expenses of the members of the Board of Voting Machine Examiners,	121865
and for other expenses that are authorized to be paid from the	121866
Board of Voting Machine Examiners Fund, which is created in	121867
section 3506.05 of the Revised Code. Moneys not used shall be	121868
returned to the person or entity submitting equipment for	121869
examination. If it is determined that additional appropriations	121870
are necessary, such amounts are hereby appropriated.	121871

BUSINESS SERVICES FUND TRANSFER TO THE COUNTY VOTING MACHINE	121872
REVOLVING LEASE/LOAN FUND	121873

Not later than the first day of June of each fiscal year, the	121874
Director of Budget and Management shall transfer $500,000 cash	121875
from the Business Services Fund (Fund 5990) to the County Voting	121876
Machine Revolving Lease/Loan Fund (Fund 5FJ0).	121877

HAVA FUNDS

121878

An amount equal to the unexpended, unencumbered portion of	121879
appropriation item 050616, 2005 HAVA Voting Machines, at the end	121880
of fiscal year 2010 is reappropriated for the same purpose in	121881
fiscal year 2011.	121882

An amount equal to the unexpended, unencumbered portion of	121883
appropriation item 050614, Election Reform/Health and Human	121884
Services, at the end of fiscal year 2010 is reappropriated for the	121885
same purpose in fiscal year 2011.	121886

On July 1, 2009, or as soon as possible thereafter, the	121887
Director of Budget and Management shall transfer from the General	121888
Revenue Fund to the credit of the Election Data Collection Grant	121889
Fund (Fund 3AC0), all investment earnings and amounts equal to the	121890
interest earnings attributable to Fund 3AC0 in each quarter of	121891
fiscal year 2009 to Fund 3AC0. An amount equal to the unexpended,	121892
unencumbered portion of appropriation item 050619, Election Data	121893
Collection Grant, at the end of fiscal year 2009 is reappropriated	121894
in fiscal year 2010 for the same purpose.	121895

The Director of Budget and Management shall credit the	121896
ongoing interest earnings from the Election Reform/Health and	121897
Human Services Fund (Fund 3AH0), the 2005 HAVA Voting Machines	121898
Fund (Fund 3AS0), and the Election Data Collection Grant Fund	121899
(Fund 3AC0) to the respective funds and distribute these earnings	121900
in accordance with the terms of the grant under which the money	121901
is received.	121902

HOLDING ACCOUNT REDISTRIBUTION GROUP

121903

The foregoing appropriation items 050605, Uniform Commercial	121904
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	121905
be used to hold revenues until they are directed to the	121906
appropriate accounts or until they are refunded. If it is	121907
determined that additional appropriations are necessary, such	121908
amounts are hereby appropriated.	121909

CASH TRANSFER TO THE CORPORATE AND UNIFORM COMMERCIAL CODE	121910
FILING FUND	121911

On July 1, 2009, or as soon as possible thereafter, the	121912
Director of Budget and Management shall transfer $53,915.40 cash	121913
from the Public Utility Territorial Administration Fund (Fund	121914
5590) to the Corporate and Uniform Commercial Code Filing Fund	121915
(Fund 5990).	121916

Section 389.10. SEN THE OHIO SENATE

121917

General Revenue Fund	121918

GRF	020321		Operating Expenses		$	12,123,439		$	12,123,439		121919
TOTAL GRF General Revenue Fund					$	12,123,439		$	12,123,439		121920

General Services Fund Group	121921

1020	020602	Senate Reimbursement	$	448,465	$	448,465	121922
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	121923
TOTAL GSF General Services							121924
Fund Group			$	482,962	$	482,962	121925
TOTAL ALL BUDGET FUND GROUPS			$	12,606,401	$	12,606,401	121926

OPERATING EXPENSES

121927

On July 1, 2009, or as soon as possible thereafter, the Clerk	121928
of the Senate may certify to the Director of Budget and Management	121929
the amount of the unexpended, unencumbered balance of the	121930
foregoing appropriation item 020321, Operating Expenses, at the	121931
end of fiscal year 2009 to be reappropriated to fiscal year 2010.	121932
The amount certified is hereby reappropriated to the same	121933
appropriation item for fiscal year 2010.	121934

On July 1, 2010, or as soon as possible thereafter, the Clerk	121935
of the Senate may certify to the Director of Budget and Management	121936
the amount of the unexpended, unencumbered balance of the	121937
foregoing appropriation item 020321, Operating Expenses, at the	121938
end of fiscal year 2010 to be reappropriated to fiscal year 2011.	121939
The amount certified is hereby reappropriated to the same	121940
appropriation item for fiscal year 2011.	121941

Section 391.10. CSF COMMISSIONERS OF THE SINKING FUND

121942

Debt Service Fund Group	121943

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	20,948,300	$	29,011,600	121944
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	202,074,000	$	203,434,200	121945
7073	155903	Natural Resources Bond Retirement Fund	$	26,334,400	$	26,549,400	121946
7074	155904	Conservation Projects Bond Service Fund	$	20,711,100	$	25,684,900	121947
7076	155906	Coal Research and Development Bond Retirement Fund	$	9,968,400	$	10,947,000	121948
7077	155907	State Capital Improvement Bond Retirement Fund	$	148,331,900	$	163,443,500	121949
7078	155908	Common Schools Bond Retirement Fund	$	192,559,200	$	165,510,500	121950
7079	155909	Higher Education Bond Retirement Fund	$	85,317,700	$	89,480,300	121951
7090	155912	Job Ready Site Development Bond Retirement Fund	$	5,685,400	$	10,601,900	121952
TOTAL DSF Debt Service Fund Group			$	711,930,400	$	724,663,300	121953
TOTAL ALL BUDGET FUND GROUPS			$	711,930,400	$	724,663,300	121954

ADDITIONAL APPROPRIATIONS

121955

Appropriation items in this section are for the purpose of	121956
paying debt service and financing costs on bonds or notes of the	121957
state issued under the Ohio Constitution and acts of the General	121958
Assembly. If it is determined that additional amounts are	121959
necessary for this purpose, such amounts are hereby appropriated.	121960

Section 393.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	121961
DEVELOPMENT FOUNDATION	121962

General Revenue Fund	121963

5M90	945601	Operating Expenses	$	475,220	$	475,220	121964
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	475,220	$	475,220	121965
TOTAL ALL BUDGET FUND GROUPS			$	475,220	$	475,220	121966

Section 395.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	121968
AUDIOLOGY	121969

General Services Fund Group	121970

4K90	886609	Operating Expenses	$	453,000	$	453,000	121971
TOTAL GSF General Services							121972
Fund Group			$	453,000	$	453,000	121973
TOTAL ALL BUDGET FUND GROUPS			$	453,000	$	453,000	121974

Section 397.10. BTA BOARD OF TAX APPEALS

121976

General Revenue Fund	121977

GRF	116321	Operating Expenses	$	2,192,450	$	2,317,450	121978
TOTAL GRF General Revenue Fund			$	2,192,450	$	2,317,450	121979
TOTAL ALL BUDGET FUND GROUPS			$	2,192,450	$	2,317,450	121980

Section 399.10. TAX DEPARTMENT OF TAXATION

121982

General Revenue Fund	121983

GRF	110321	Operating Expenses	$	81,441,056	$	81,441,055	121984
GRF	110404	Tobacco Settlement Enforcement	$	295,231	$	295,231	121985
GRF	110412	Child Support Administration	$	19,512	$	19,512	121986
GRF	110901	Property Tax Allocation - Taxation	$	569,917,420	$	577,463,014	121987
TOTAL GRF General Revenue Fund			$	651,673,219	$	659,218,812	121988

General Services Fund Group	121989

2280	110628	Tax Reform System Implementation	$	13,600,000	$	13,600,000	121990
4330	110602	Tape File Account	$	125,000	$	125,000	121991
5AP0	110632	Discovery Project	$	2,000,000	$	2,000,000	121992
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	121993
5N50	110605	Municipal Income Tax Administration	$	600,000	$	600,000	121994
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	121995
5V80	110623	Property Tax Administration	$	12,000,000	$	12,000,000	121996
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	200,000	121997
5W70	110627	Exempt Facility Administration	$	60,000	$	60,000	121998
TOTAL GSF General Services							121999
Fund Group			$	28,935,000	$	28,935,000	122000

State Special Revenue Fund Group	122001

4350	110607	Local Tax Administration	$	18,000,000	$	18,000,000	122002
4360	110608	Motor Vehicle Audit	$	1,000,000	$	1,000,000	122003
4370	110606	Income Tax Contribution Administration	$	200,000	$	200,000	122004
4380	110609	School District Income Tax	$	5,500,000	$	5,500,000	122005
4C60	110616	International Registration Plan	$	706,855	$	706,855	122006
4R60	110610	Tire Tax Administration	$	200,000	$	200,000	122007
5V70	110622	Motor Fuel Tax Administration	$	4,700,000	$	4,700,000	122008
6390	110614	Cigarette Tax Enforcement	$	1,900,000	$	1,900,000	122009
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	122010
6880	110615	Local Excise Tax Administration	$	800,000	$	800,000	122011
TOTAL SSR State Special Revenue							122012
Fund Group			$	33,506,855	$	33,506,855	122013

Agency Fund Group	122014

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	122015
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	122016
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	122017

Holding Account Redistribution Fund Group	122018

R010	110611	Tax Distributions	$	50,000	$	50,000	122019
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	122020
TOTAL 090 Holding Account							122021
Redistribution Fund Group			$	100,000	$	100,000	122022
TOTAL ALL BUDGET FUND GROUPS			$	2,282,015,074	$	2,289,560,667	122023

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	122024
EXEMPTION	122025

The foregoing appropriation item 110901, Property Tax	122026
Allocation - Taxation, is hereby appropriated to pay for the	122027
state's costs incurred due to the Homestead Exemption, the	122028
Manufactured Home Property Tax Rollback, and the Property Tax	122029
Rollback. The Tax Commissioner shall distribute these funds	122030
directly to the appropriate local taxing districts, except for	122031
school districts, notwithstanding the provisions in sections	122032
321.24 and 323.156 of the Revised Code, which provide for payment	122033
of the Homestead Exemption, the Manufactured Home Property Tax	122034
Rollback, and Property Tax Rollback by the Tax Commissioner to the	122035
appropriate county treasurer and the subsequent redistribution of	122036
these funds to the appropriate local taxing districts by the	122037
county auditor.	122038

Upon receipt of these amounts, each local taxing district	122039
shall distribute the amount among the proper funds as if it had	122040
been paid as real property taxes. Payments for the costs of	122041
administration shall continue to be paid to the county treasurer	122042
and county auditor as provided for in sections 319.54, 321.26, and	122043
323.156 of the Revised Code.	122044

Any sums, in addition to the amounts specifically	122045
appropriated in appropriation item 110901, Property Tax Allocation	122046
- Taxation, for the Homestead Exemption, the Manufactured Home	122047
Property Tax Rollback, and the Property Tax Rollback payments,	122048
which are determined to be necessary for these purposes, are	122049
hereby appropriated.	122050

MUNICIPAL INCOME TAX

122051

The foregoing appropriation item 110995, Municipal Income	122052
Tax, shall be used to make payments to municipal corporations	122053
under section 5745.05 of the Revised Code. If it is determined	122054
that additional appropriations are necessary to make such	122055
payments, such amounts are hereby appropriated.	122056

TAX REFUNDS

122057

The foregoing appropriation item 110635, Tax Refunds, shall	122058
be used to pay refunds under section 5703.052 of the Revised Code.	122059
If it is determined that additional appropriations are necessary	122060
for this purpose, such amounts are hereby appropriated.	122061

INTERNATIONAL REGISTRATION PLAN AUDIT

122062

The foregoing appropriation item 110616, International	122063
Registration Plan, shall be used under section 5703.12 of the	122064
Revised Code for audits of persons with vehicles registered under	122065
the International Registration Plan.	122066

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

122067

Of the foregoing appropriation item 110607, Local Tax	122068
Administration, the Tax Commissioner may disburse funds, if	122069
available, for the purposes of paying travel expenses incurred by	122070
members of Ohio's delegation to the Streamlined Sales Tax Project,	122071
as appointed under section 5740.02 of the Revised Code. Any travel	122072
expense reimbursement paid for by the Department of Taxation shall	122073
be done in accordance with applicable state laws and guidelines.	122074

CENTRALIZED TAX FILING AND PAYMENT FUND

122075

The Director of Budget and Management, under a plan submitted	122076
by the Tax Commissioner, or as otherwise determined by the	122077
Director of Budget and Management, shall set a schedule to	122078
transfer cash from the General Revenue Fund to the credit of the	122079
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	122080
of cash shall not exceed $400,000 in the biennium.	122081

TOBACCO SETTLEMENT ENFORCEMENT

122082

The foregoing appropriation item 110404, Tobacco Settlement	122083
Enforcement, shall be used by the Tax Commissioner to pay costs	122084
incurred in the enforcement of divisions (F) and (G) of section	122085
5743.03 of the Revised Code.	122086

LOCAL GOVERNMENT PROPERTY TAX REPLACEMENT - BUSINESS

122087

Notwithstanding section 5751.22(A)(1)(b) of the Revised Code,	122088
payments to local taxing units by May 31, 2011, required by	122089
section 5751.22(C) of the Revised Code shall be in an amount equal	122090
to each of the losses determined under division (D) of section	122091
5751.20 of the Revised Code multiplied by one hundred per cent.	122092

Section 399.20. COMMERCIAL ACTIVITY TAX

122093

(A) Any term used in this section has the same meaning as in	122094
section 5751.01 of the Revised Code.	122095

(B) A person is not required to pay the annual minimum	122096
commercial activity tax due for calendar year 2005 or 2006 under	122097
Chapter 5751. of the Revised Code if the person satisfies all of	122098
the following:	122099

(1) The person was not subject to the tax for those years	122100
because the person did not have nexus with this state or was an	122101
excluded person under division (E)(1) of section 5751.01 of the	122102
Revised Code;	122103

(2) The person erroneously registered for the tax and failed	122104
to cancel the registration before May 10, 2006;	122105

(3) The person canceled its commercial activity tax	122106
registration before February 10, 2007, and was not required to	122107
file the returns and pay the annual minimum tax due February 9,	122108
2007, February 9, 2008, or February 9, 2009.	122109

(C) The Tax Commissioner shall cancel the registration of	122110
each such person for which the registration has not yet been	122111
canceled.	122112

(D) If such a person paid the tax due for calendar year 2005	122113
or 2006 after being contacted by the Department of Taxation, the	122114
person may request a refund of the amount paid for such a year or	122115
years under section 5751.08 of the Revised Code, notwithstanding	122116
division (E) of that section.	122117

Section 401.10. DOT DEPARTMENT OF TRANSPORTATION

122118

Transportation Modes	122119

General Revenue Fund	122120

GRF	775451	Public Transportation - State	$	19,965,606	$	20,049,147	122121
GRF	776465	Ohio Rail Development Commission	$	3,071,771	$	3,090,162	122122
GRF	776668	Transportation Operating - Federal Stimulus	$	1,352,403	$	1,243,338	122123
GRF	777471	Airport Improvements - State	$	1,191,876	$	1,199,009	122124
TOTAL GRF General Revenue Fund			$	25,581,656	$	25,581,656	122125
TOTAL ALL BUDGET FUND GROUPS			$	25,581,656	$	25,581,656	122126

Section 403.10. TOS TREASURER OF STATE

122128

General Revenue Fund	122129

GRF	090321	Operating Expenses	$	8,381,875	$	8,381,875	122130
GRF	090401	Office of the Sinking	$	537,223	$	537,223	122131
		Fund					122132
GRF	090402	Continuing Education	$	403,959	$	403,959	122133
GRF	090524	Police and Fire	$	8,000	$	7,500	122134
		Disability Pension Fund					122135
GRF	090534	Police and Fire Ad Hoc Cost	$	95,000	$	90,000	122136
		of Living					122137
GRF	090554	Police and Fire Survivor	$	720,000	$	680,000	122138
		Benefits					122139
GRF	090575	Police and Fire Death	$	20,000,000	$	20,000,000	122140
		Benefits					122141
TOTAL GRF General Revenue Fund			$	30,146,057	$	30,100,557	122142

General Services Fund Group	122143

4E90	090603	Securities Lending Income	$	4,492,622	$	4,492,622	122144
5770	090605	Investment Pool	$	550,000	$	550,000	122145
		Reimbursement					122146
5C50	090602	County Treasurer Education	$	150,000	$	150,000	122147
6050	090609	Treasurer of State	$	185,000	$	185,000	122148
		Administrative Fund					122149
TOTAL GSF General Services							122150
Fund Group			$	5,377,622	$	5,377,622	122151

Agency Fund Group	122152

4250	090635	Tax Refunds	$	31,000,000	$	31,000,000	122153
TOTAL Agency Fund Group			$	31,000,000	$	31,000,000	122154
TOTAL ALL BUDGET FUND GROUPS			$	66,523,679	$	66,478,179	122155

Section 403.20. OFFICE OF THE SINKING FUND

122157

The foregoing appropriation item 090401, Office of the	122158
Sinking Fund, shall be used for costs incurred by or on behalf of	122159
the Commissioners of the Sinking Fund and the Ohio Public	122160
Facilities Commission with respect to State of Ohio general	122161
obligation bonds or notes, and the Treasurer of State with respect	122162
to State of Ohio general obligation and special obligation bonds	122163
or notes, including, but not limited to, printing, advertising,	122164
delivery, rating fees and the procurement of ratings, professional	122165
publications, membership in professional organizations, and other	122166
services referred to in division (D) of section 151.01 of the	122167
Revised Code. The General Revenue Fund shall be reimbursed for	122168
such costs relating to the issuance and administration of Highway	122169
Capital Improvement bonds or notes authorized under Ohio	122170
Constitution, Article VIII, Section 2m and Chapter 151. of the	122171
Revised Code. That reimbursement shall be made from appropriation	122172
item 155902, Highway Capital Improvement Bond Retirement Fund, by	122173
intrastate transfer voucher pursuant to a certification by the	122174
Office of the Sinking Fund of the actual amounts used. The	122175
amounts necessary to make such a reimbursement are hereby	122176
appropriated from the Highway Capital Improvement Bond Retirement	122177
Fund created in section 151.06 of the Revised Code.	122178

POLICE AND FIRE DEATH BENEFIT FUND

122179

The foregoing appropriation item 090575, Police and Fire	122180
Death Benefits, shall be disbursed quarterly by the Treasurer of	122181
State at the beginning of each quarter of each fiscal year to the	122182
Board of Trustees of the Ohio Police and Fire Pension Fund. The	122183
Treasurer of State shall certify such amounts quarterly to the	122184
Director of Budget and Management. By the twentieth day of June of	122185
each fiscal year, the Board of Trustees of the Ohio Police and	122186
Fire Pension Fund shall certify to the Treasurer of State the	122187
amount disbursed in the current fiscal year to make the payments	122188
required by section 742.63 of the Revised Code and shall return to	122189
the Treasurer of State moneys received from this appropriation	122190
item but not disbursed.	122191

TAX REFUNDS

122192

The foregoing appropriation item 090635, Tax Refunds, shall	122193
be used to pay refunds under section 5703.052 of the Revised Code.	122194
If the Director of Budget and Management determines that	122195
additional amounts are necessary for this purpose, such amounts	122196
are hereby appropriated.	122197

Section 405.10. TTA OHIO TUITION TRUST

122198

State Special Revenue Fund Group	122199

5P30	095602	Variable Savings Plans	$	6,175,707	$	6,156,515	122200
6450	095601	Guaranteed Savings Plan	$	842,959	$	862,150	122201
TOTAL SSR State Special Revenue							122202
Fund Group			$	7,018,666	$	7,018,665	122203
TOTAL ALL BUDGET FUND GROUPS			$	7,018,666	$	7,018,665	122204

FUND ABOLITION

122205

On July 1, 2009, or as soon as possible thereafter, the	122206
Director of Budget and Management shall transfer the cash balance	122207
in the Index Savings Plan Fund (Fund 5AM0) to the Variable Savings	122208
Fund (Fund 5P30). The Director shall cancel any existing	122209
encumbrances against appropriation item 095603, Index Savings	122210
Plan, and re-establish them against appropriation item 095602,	122211
Variable Savings Plans. The re-established encumbrance amounts	122212
are hereby appropriated. Upon completion of these transfers, Fund	122213
5AM0 is hereby abolished.	122214

On July 1, 2009, or as soon as possible thereafter, the	122215
Director of Budget and Management shall transfer the cash balance	122216
in the Banking Products Fund (Fund 5DC0) to the Variable College	122217
Savings Fund (Fund 5P30). The Director shall cancel any existing	122218
encumbrances against appropriation item 095604, Banking Products,	122219
and re-establish them against appropriation item 095602, Variable	122220
Savings Plans. The re-established encumbrance amounts are hereby	122221
appropriated. Upon completion of these transfers, Fund 5DC0 is	122222
hereby abolished.	122223

Section 407.10. VTO VETERANS' ORGANIZATIONS

122224

General Revenue Fund	122225

VAP AMERICAN EX-PRISONERS OF WAR	122226

GRF

743501

State Support

27,533

122227

VAN ARMY AND NAVY UNION, USA, INC.	122228

GRF

746501

State Support

60,513

122229

VKW KOREAN WAR VETERANS	122230

GRF

747501

State Support

54,398

122231

VJW JEWISH WAR VETERANS	122232

GRF

748501

State Support

32,687

122233

VCW CATHOLIC WAR VETERANS	122234

GRF

749501

State Support

63,789

122235

VPH MILITARY ORDER OF THE PURPLE HEART	122236

GRF

750501

State Support

62,015

122237

VVV VIETNAM VETERANS OF AMERICA	122238

GRF

751501

State Support

204,549

122239

VAL AMERICAN LEGION OF OHIO	122240

GRF

752501

State Support

332,561

122241

VII AMVETS	122242

GRF

753501

State Support

316,711

122243

VAV DISABLED AMERICAN VETERANS	122244

GRF

754501

State Support

237,939

122245

VMC MARINE CORPS LEAGUE	122246

GRF

756501

State Support

127,569

122247

V37 37TH DIVISION AEF VETERANS' ASSOCIATION	122248

GRF

757501

State Support

6,541

122249

VFW VETERANS OF FOREIGN WARS	122250

GRF

758501

State Support

271,277

122251

TOTAL GRF General Revenue Fund					$	1,798,082		$	1,798,082		122252
TOTAL ALL BUDGET FUND GROUPS					$	1,798,082		$	1,798,082		122253

RELEASE OF FUNDS

122254

The Director of Budget and Management may release the	122255
foregoing appropriation items 743501, 746501, 747501, 748501,	122256
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	122257
and 758501, State Support.	122258

Section 409.10. DVS DEPARTMENT OF VETERANS SERVICES

122259

General Revenue Fund	122260

GRF	900100	Personal Services	$	25,219,282	$	25,219,282	122261
GRF	900200	Maintenance	$	4,427,264	$	4,427,264	122262
GRF	900402	Hall of Fame	$	118,750	$	118,750	122263
GRF	900403	Veteran Record Conversion	$	40,631	$	40,631	122264
GRF	900408	Department of Veterans Services	$	2,283,100	$	2,283,100	122265
TOTAL GRF General Revenue Fund			$	32,089,027	$	32,089,027	122266

General Services Fund Group	122267

4840	900603		Veterans Home Services		$	770,000		$	850,000		122268
TOTAL GSF General Services Fund Group					$	770,000		$	850,000		122269

Federal Special Revenue Fund Group	122270

3680	900614	Veterans Training	$	745,892	$	745,892	122271
3740	900606	Troops to Teachers	$	100,000	$	100,000	122272
3BX0	900609	Medicare Services	$	2,000,000	$	2,200,000	122273
3L20	900601	Veterans Home Operations - Federal	$	16,979,245	$	17,454,046	122274
TOTAL FED Federal Special Revenue							122275
Fund Group			$	19,825,137	$	20,499,938	122276

State Special Revenue Fund Group	122277

4E20	900602	Veterans Home Operating	$	9,314,438	$	9,780,751	122278
6040	900604	Veterans Home Improvement	$	1,541,020	$	1,700,000	122279
TOTAL SSR State Special Revenue							122280
Fund Group			$	10,855,458	$	11,480,751	122281
TOTAL ALL BUDGET FUND GROUPS			$	63,539,622	$	64,919,716	122282

Section 411.10. DVM STATE VETERINARY MEDICAL BOARD

122284

General Services Fund Group	122285

4K90	888609	Operating Expenses	$	327,312	$	327,312	122286
TOTAL GSF General Services							122287
Fund Group			$	327,312	$	327,312	122288
TOTAL ALL BUDGET FUND GROUPS			$	327,312	$	327,312	122289

Section 413.10. DYS DEPARTMENT OF YOUTH SERVICES

122291

General Revenue Fund	122292

GRF	470401	RECLAIM Ohio	$	201,695,971	$	192,963,840	122293
GRF	470412	Lease Rental Payments	$	23,460,900	$	26,043,900	122294
GRF	470510	Youth Services	$	18,558,587	$	18,558,587	122295
GRF	470640	RECLAIM - Federal Stimulus	$	3,767,869	$	0	122296
GRF	472321	Parole Operations	$	13,400,020	$	13,400,020	122297
GRF	477321	Administrative Operations	$	14,754,419	$	14,754,419	122298
TOTAL GRF General Revenue Fund			$	275,637,766	$	265,720,766	122299

General Services Fund Group	122300

1750	470613	Education Reimbursement	$	11,000,000	$	11,000,000	122301
4790	470609	Employee Food Service	$	200,000	$	150,000	122302
4A20	470602	Child Support	$	450,000	$	450,000	122303
4G60	470605	General Operational Funds	$	250,000	$	250,000	122304
5BN0	470629	E-Rate Program	$	35,000	$	35,000	122305
TOTAL GSF General Services							122306
Fund Group			$	11,935,000	$	11,885,000	122307

Federal Special Revenue Fund Group	122308

3210	470601	Education	$	6,531,076	$	5,455,413	122309
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	122310
3210	470606	Nutrition	$	2,750,000	$	2,750,000	122311
3210	470610	Rehabilitation Programs	$	36,000	$	36,000	122312
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	122313
3BH0	470630	Federal Juvenile Programs FFY 06	$	50,000	$	0	122314
3BT0	470634	Federal Juvenile Programs	$	50,000	$	0	122315
3BY0	470635	Federal Juvenile Programs FFY 07	$	334,000	$	335,000	122316
3BZ0	470636	Federal Juvenile Programs FFY 08	$	653,350	$	570,700	122317
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	500,000	122318
3CR0	470639	Federal Juvenile Programs FFY 10	$	0	$	500,000	122319
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,935,300	$	2,361,000	122320
3Z80	470625	Federal Juvenile Programs FFY 04	$	2,000	$	0	122321
3Z90	470626	Federal Juvenile Programs FFY 05	$	2,000	$	0	122322
TOTAL FED Federal Special Revenue							122323
Fund Group			$	19,143,726	$	18,808,113	122324

State Special Revenue Fund Group	122325

1470	470612	Vocational Education	$	2,166,296	$	2,788,906	122326
5BH0	470628	Partnerships for Success	$	1,500,000	$	1,500,000	122327
TOTAL SSR State Special Revenue							122328
Fund Group			$	3,666,296	$	4,288,906	122329
TOTAL ALL BUDGET FUND GROUPS			$	310,382,788	$	300,702,785	122330

RECLAIM OHIO

122331

Of the foregoing appropriation item 470401, RECLAIM Ohio,	122332
$2,500,000 in each fiscal year shall be used to support Behavioral	122333
Health/Juvenile Justice programs.	122334

OHIO BUILDING AUTHORITY LEASE PAYMENTS

122335

The foregoing appropriation item 470412, Lease Rental	122336
Payments, shall be used to meet all payments to the Ohio Building	122337
Authority for the period from July 1, 2009, to June 30, 2011,	122338
under the leases and agreements for facilities made under Chapter	122339
152. of the Revised Code. This appropriation is the source of	122340
funds pledged for bond service charges on related obligations	122341
issued pursuant to Chapter 152. of the Revised Code.	122342

EDUCATION REIMBURSEMENT

122343

The foregoing appropriation item 470613, Education	122344
Reimbursement, shall be used to fund the operating expenses of	122345
providing educational services to youth supervised by the	122346
Department of Youth Services. Operating expenses include, but are	122347
not limited to, teachers' salaries, maintenance costs, and	122348
educational equipment. This appropriation item may be used for	122349
capital expenses related to the education program.	122350

EMPLOYEE FOOD SERVICE AND EQUIPMENT

122351

Notwithstanding section 125.14 of the Revised Code, the	122352
foregoing appropriation item 470609, Employee Food Service, may be	122353
used to purchase any food operational items with funds received	122354
into the fund from reimbursements for state surplus property.	122355

Section 503.10. PERSONAL SERVICE EXPENSES

122356

Unless otherwise prohibited by law, any appropriation from	122357
which personal service expenses are paid shall bear the employer's	122358
share of public employees' retirement, workers' compensation,	122359
disabled workers' relief, and all group insurance programs; the	122360
costs of centralized accounting, centralized payroll processing,	122361
and related personnel reports and services; the cost of the Office	122362
of Collective Bargaining; the cost of the Employee Assistance	122363
Program; the cost of the affirmative action and equal employment	122364
opportunity programs administered by the Department of	122365
Administrative Services; the costs of interagency information	122366
management infrastructure; and the cost of administering the state	122367
employee merit system as required by section 124.07 of the Revised	122368
Code. These costs shall be determined in conformity with the	122369
appropriate sections of law and paid in accordance with procedures	122370
specified by the Office of Budget and Management. Expenditures	122371
from appropriation item 070601, Public Audit Expense - Local	122372
Government, may be exempted from the requirements of this section.	122373

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	122374
AGAINST THE STATE	122375

Except as otherwise provided in this section, an	122376
appropriation in this act or any other act may be used for the	122377
purpose of satisfying judgments, settlements, or administrative	122378
awards ordered or approved by the Court of Claims or by any other	122379
court of competent jurisdiction in connection with civil actions	122380
against the state. This authorization does not apply to	122381
appropriations to be applied to or used for payment of guarantees	122382
by or on behalf of the state, or for payments under lease	122383
agreements relating to, or debt service on, bonds, notes, or other	122384
obligations of the state. Notwithstanding any other statute to the	122385
contrary, this authorization includes appropriations from funds	122386
into which proceeds of direct obligations of the state are	122387
deposited only to the extent that the judgment, settlement, or	122388
administrative award is for, or represents, capital costs for	122389
which the appropriation may otherwise be used and is consistent	122390
with the purpose for which any related obligations were issued or	122391
entered into. Nothing contained in this section is intended to	122392
subject the state to suit in any forum in which it is not	122393
otherwise subject to suit, and is not intended to waive or	122394
compromise any defense or right available to the state in any suit	122395
against it.	122396

Section 503.30. CAPITAL PROJECT SETTLEMENTS

122397

This section specifies an additional and supplemental	122398
procedure to provide for payments of judgments and settlements if	122399
the Director of Budget and Management determines, pursuant to	122400
division (C)(4) of section 2743.19 of the Revised Code, that	122401
sufficient unencumbered moneys do not exist in the fund to support	122402
a particular appropriation to pay the amount of a final judgment	122403
rendered against the state or a state agency, including the	122404
settlement of a claim approved by a court, in an action upon and	122405
arising out of a contractual obligation for the construction or	122406
improvement of a capital facility if the costs under the contract	122407
were payable in whole or in part from a state capital projects	122408
appropriation. In such a case, the Director may either proceed	122409
pursuant to division (C)(4) of section 2743.19 of the Revised Code	122410
or apply to the Controlling Board to increase an appropriation or	122411
create an appropriation out of any unencumbered moneys in the	122412
state treasury to the credit of the capital projects fund from	122413
which the initial state appropriation was made. The amount of an	122414
increase in appropriation or new appropriation approved by the	122415
Controlling Board is hereby appropriated from the applicable	122416
capital projects fund and made available for the payment of the	122417
judgment or settlement.	122418

If the Director does not make the application authorized by	122419
this section or the Controlling Board disapproves the application,	122420
and the Director does not make application under division (C)(4)	122421
of section 2743.19 of the Revised Code, the Director shall for the	122422
purpose of making that payment make a request to the General	122423
Assembly as provided for in division (C)(5) of that section.	122424

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

122425

In order to provide funds for the reissuance of voided	122426
warrants under section 117.47 of the Revised Code, there is hereby	122427
appropriated, out of moneys in the state treasury from the fund	122428
credited as provided in section 117.47 of the Revised Code, that	122429
amount sufficient to pay such warrants when approved by the Office	122430
of Budget and Management.	122431

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	122432
BALANCES OF OPERATING APPROPRIATIONS	122433

(A) An unexpended balance of an operating appropriation or	122434
reappropriation that a state agency lawfully encumbered prior to	122435
the close of a fiscal year is hereby reappropriated for the	122436
following fiscal year from the fund from which it was originally	122437
appropriated or reappropriated for the following period and	122438
shall remain available only for the purpose of discharging the	122439
encumbrance:	122440

(1) For an encumbrance for personal services, maintenance,	122441
equipment, or items for resale, other than an encumbrance for an	122442
item of special order manufacture not available on term contract	122443
or in the open market or for reclamation of land or oil and gas	122444
wells, for a period of not more than five months from the end of	122445
the fiscal year;	122446

(2) For an encumbrance for an item of special order	122447
manufacture not available on term contract or in the open market,	122448
for a period of not more than five months from the end of the	122449
fiscal year or, with the written approval of the Director of	122450
Budget and Management, for a period of not more than twelve months	122451
from the end of the fiscal year;	122452

(3) For an encumbrance for reclamation of land or oil and gas	122453
wells, for a period ending when the encumbered appropriation is	122454
expended or for a period of two years, whichever is less;	122455

(4) For an encumbrance for any other expense, for such period	122456
as the Director approves, provided such period does not exceed two	122457
years.	122458

(B) For an encumbrance described in division (A)(1) of this	122459
section to remain available for more than five months from the end	122460
of the fiscal year, an agency shall, not later than November 1 of	122461
each fiscal year, make a request in writing to the Director of	122462
Budget and Management to maintain the encumbrance. The Director	122463
may exempt the encumbrance from cancellation for a specified	122464
period deemed appropriate. The exempted encumbrance is hereby	122465
reappropriated. If the request is not received by November 1, or	122466
if the request is not approved, the Director shall cancel the	122467
encumbrance.	122468

(C) Any operating appropriations for which unexpended	122469
balances are reappropriated beyond a five-month period from the	122470
end of the fiscal year by division (A)(2) of this section shall be	122471
reported to the Controlling Board by the Director of Budget and	122472
Management by the thirty-first day of December of each year. The	122473
report on each such item shall include the item, the cost of the	122474
item, and the name of the vendor. The report shall be updated on	122475
a quarterly basis for encumbrances remaining open.	122476

(D) Except as provided in division (E) of this section, upon	122477
the expiration of the reappropriation period set out in division	122478
(A) or (B) of this section, a reappropriation made by this section	122479
lapses, and the Director of Budget and Management shall cancel	122480
the encumbrance of the unexpended reappropriation not later than	122481
the end of the weekend following the expiration of the	122482
reappropriation period.	122483

(E) With the approval of the Director of Budget and	122484
Management, an unexpended balance of an encumbrance that was	122485
reappropriated by this section for a period specified in	122486
division (A)(3) or (4) of this section and that remains	122487
encumbered at the close of the fiscal biennium is hereby	122488
reappropriated for the following fiscal biennium from the fund	122489
from which it was originally appropriated or reappropriated for	122490
the applicable period specified in division (A)(3) or (4) of this	122491
section and shall remain available only for the purpose of	122492
discharging the encumbrance.	122493

(F) The Director of Budget and Management may correct	122494
accounting errors committed by the staff of the Office of Budget	122495
and Management, such as re-establishing encumbrances or	122496
appropriations cancelled in error, during the cancellation of	122497
operating encumbrances in November and of nonoperating	122498
encumbrances in December.	122499

(G) If the Controlling Board approved a purchase, that	122500
approval remains in effect so long as the appropriation used to	122501
make that purchase remains encumbered.	122502

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	122503
RE-ESTABLISHMENT OF ENCUMBRANCES	122504

Any cash transferred by the Director of Budget and Management	122505
under section 126.15 of the Revised Code is hereby appropriated.	122506
Any amounts necessary to re-establish appropriations or	122507
encumbrances under section 126.15 of the Revised Code are hereby	122508
appropriated.	122509

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

122510

There are hereby appropriated out of any moneys in the state	122511
treasury to the credit of the General Revenue Fund, which are not	122512
otherwise appropriated, funds sufficient to make any payment	122513
required by division (B)(2) of section 5747.03 of the Revised	122514
Code.	122515

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	122516
APPROVED BY THE CONTROLLING BOARD	122517

Any money that the Controlling Board approves for expenditure	122518
or any increase in appropriation that the Controlling Board	122519
approves under sections 127.14, 131.35, and 131.39 of the Revised	122520
Code or any other provision of law is hereby appropriated for the	122521
period ending June 30, 2011.	122522

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	122523
RESIDENCE	122524

If the Governor's Residence Fund (Fund 4H20) receives payment	122525
for use of the residence pursuant to section 107.40 of the Revised	122526
Code, the amounts so received are hereby appropriated to	122527
appropriation item 100604, Governor's Residence Gift.	122528

Section 503.95. SOUTHEASTERN OHIO PORT AUTHORITY	122529
CONTAINER-ON-BARGE STUDY	122530

Of appropriation item 771412, Planning and Research -	122531
Federal, appropriated in the transportation budget act, H.B. 2 of	122532
the 128th General Assembly, for fiscal years 2010 and 2011,	122533
$100,000 in fiscal year 2010 shall be used for the Southeastern	122534
Ohio Port Authority to complete a study of and to implement	122535
container-on-barge service on the Ohio River. The study shall take	122536
into account cargo origin and destinations, cost comparisons,	122537
target cargoes, and required infrastructure to connect with	122538
surface transportation.	122539

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

122540

Unless the agency and nuclear electric utility mutually agree	122541
to a higher amount by contract, the maximum amounts that may be	122542
assessed against nuclear electric utilities under division (B)(2)	122543
of section 4937.05 of the Revised Code and deposited into the	122544
specified funds are as follows:	122545

Fund	User		FY 2010		FY 2011	122546
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	134,631	$	134,631	122547
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	887,445	$	920,372	122548
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	286,114	$	286,114	122549
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,413,889	$	1,415,945	122550

Section 506.20. On July 1, 2009, and on the first day of the	122551
month for each month thereafter, the Treasurer of State, before	122552
making any of the distributions specified in sections 5735.23,	122553
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	122554
the first 2 per cent of the amount of motor fuel tax received for	122555
the preceding calendar month to the credit of the Highway	122556
Operating Fund (Fund 7002). Upon the written request of the	122557
Director of Public Safety, the Director of Budget and Management	122558
may make periodic transfers of cash totaling $16,220,000 in each	122559
fiscal year from Fund 7002 to the State Highway Safety Fund (Fund	122560
7036).	122561

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	122562
INTEREST EARNED	122563

Notwithstanding any provision of law to the contrary, the	122564
Director of Budget and Management, through June 30, 2011, may	122565
transfer interest earned by any state fund to the General Revenue	122566
Fund. This section does not apply to funds whose source of	122567
revenue is restricted or protected by the Ohio Constitution,	122568
federal tax law, or the "Cash Management Improvement Act of	122569
1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended.	122570

Section 512.30. GRF TRANSFER TO THE OAKS PROJECT	122571
IMPLEMENTATION FUND	122572

On July 1 of each fiscal year, or as soon as possible	122573
thereafter, the Director of Budget and Management shall transfer	122574
an amount not to exceed $2,100,000 cash from the General Revenue	122575
Fund to the OAKS Project Implementation Fund (Fund 5N40).	122576

Section 512.40. TRANSFERS FROM THE BUDGET STABILIZATION FUND

122577

Notwithstanding any provision of law to the contrary, the	122578
Director of Budget and Management, in either year of the biennium,	122579
may transfer cash from the Budget Stabilization Fund to the	122580
General Revenue Fund in order to balance General Revenue Fund	122581
revenues with General Revenue Fund expenditures. Within ten days	122582
of any such transfer, the Director shall notify the Governor, the	122583
Speaker of the House of Representatives, the President of the	122584
Senate, and the Minority Leaders of the House of Representatives	122585
and the Senate of the date and amount of the transfer and the cash	122586
balance remaining in the Budget Stabilization Fund.	122587

Section 512.50. TRANSFERS FROM EDUCATION FACILITIES TRUST AND	122588
PUBLIC SCHOOL BUILDING FUNDS TO GRF	122589

Notwithstanding any provision of law to the contrary, the	122590
Director of Budget and Management shall transfer a total of	122591
$200,000,000 cash in either fiscal year 2010 or fiscal year 2011	122592
from the Education Facilities Trust Fund (Fund N087) and the	122593
Public School Building Fund (Fund 7021), which are used by the	122594
School Facilities Commission, to the General Revenue Fund. Not	122595
later than June 30, 2013, $200,000,000 cash shall be deposited	122596
into a fund of the Commission, for the purpose of constructing	122597
or renovating school facilities pursuant to Chapter 3318. of the	122598
Revised Code.	122599

Section 512.60. CASH TRANSFERS TO THE GENERAL REVENUE FUND	122600
FROM NON-GRF FUNDS	122601

Notwithstanding any provision of law to the contrary, during	122602
fiscal years 2010 and 2011, the Director of Budget and Management	122603
may transfer cash from non-General Revenue Funds that are not	122604
constitutionally restricted to the General Revenue Fund in order	122605
to ensure that available General Revenue Fund receipts and	122606
balances are sufficient to support General Revenue Fund	122607
appropriations in each fiscal year.	122608

Before September 1 of each fiscal year, the Director of	122609
Budget and Management shall prepare quarterly estimates	122610
identifying funds in the state treasury from which cash transfers	122611
are to be made and the anticipated amount of these cash transfers.	122612
Beginning with the quarter ending September 30, 2009, and on a	122613
quarterly basis thereafter, the Director of Budget and Management	122614
shall prepare a summary comparing the estimated and actual amounts	122615
of these cash transfers by fund. This quarterly summary shall be	122616
included in the report required under section 126.05 of the	122617
Revised Code.	122618

Section 512.80. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE	122619
INTRA-STATE FUND	122620

On July 1, 2009, or as soon as possible thereafter, the	122621
Director of Budget and Management shall transfer $400,900 cash	122622
from the General Revenue Fund to the Public Audit Expense	122623
Intra-State Fund (Fund 1090). The amounts transferred are hereby	122624
appropriated to help pay for expenses incurred in the Auditor of	122625
State's role relating to fiscal caution, fiscal watch, and fiscal	122626
emergency activities as defined in Chapter 3316. of the Revised	122627
Code and for performance audits for school districts in fiscal	122628
distress.	122629

Section 512.90. STATE AGENCY ADMINISTRATIVE COST SAVINGS AND	122630
EFFICIENCY	122631

Notwithstanding any provision of law to the contrary, a state	122632
agency may enter into one or more agreements with another state	122633
agency or agencies to achieve administrative cost savings and	122634
greater efficiency. Subject to sections 124.321 to 124.328 of the	122635
Revised Code, a state agency may identify employees who may be	122636
transferred to another agency for the purpose of consolidating	122637
finance, human resources, legal, or other administrative	122638
functions. In addition, state agencies may share office equipment,	122639
office space, or other agency assets to the extent such an	122640
arrangement would create savings in rental, lease, or other	122641
contractual expenses. The Director of Budget and Management, in	122642
accordance with section 126.21 of the Revised Code, may take any	122643
actions with regard to state agency budget changes, program	122644
transfers, the creation of new funds, or the consolidation of	122645
funds as necessary due to the administrative reorganization or	122646
consolidation for purposes of cost savings and greater efficiency	122647
pursuant to this section.	122648

Section 515.10. On and after the effective date of section	122649
3354.24 of the Revised Code as enacted by Sub. H.B. 1 of the 128th	122650
General Assembly:	122651

(A) The board of trustees of the Eastern Gateway Community	122652
College District (the District) shall have the powers and duties	122653
formerly prescribed as powers and duties of the board of trustees	122654
of the Jefferson County Community College District and any	122655
additional powers and duties granted or imposed by law.	122656

(B) The board of trustees of the District assumes the	122657
obligations of, and is the successor to and continuation of, the	122658
board of trustees of the Jefferson County Community College	122659
District.	122660

(C) Any business commenced but not completed by the board of	122661
trustees of the Jefferson County Community College District shall	122662
be completed by the board of trustees of the District in the same	122663
manner, and with the same effect, as if completed by the board of	122664
trustees of the Jefferson County Community College District. No	122665
validation, cure, right, privilege, remedy, obligation, or	122666
liability is lost or impaired by reason of the enactment by this	122667
act of this section and section 3354.24 of the Revised Code.	122668

(D) Rules of the board of trustees of the Jefferson County	122669
Community College District shall continue as rules for the board	122670
of trustees of the District until amended or rescinded by the	122671
board of trustees of the District.	122672

(E) Any reference in statute, rule, contract, grant, or other	122673
document to the board of trustees of the Jefferson County	122674
Community College District shall be construed to refer to the	122675
board of trustees of the District.	122676

(F) No judicial, administrative, or other proceeding to which	122677
the board of trustees of the Jefferson County Community College	122678
District is a party and that is pending on the effective date of	122679
this section shall be affected by the enactment by this act of	122680
this section and section 3354.24 of the Revised Code. Upon	122681
application to the court or other tribunal, the board of trustees	122682
of the District shall be substituted for the board of trustees of	122683
the Jefferson County Community College District as a party to the	122684
action or proceeding, and the action shall be prosecuted or	122685
defended in the name of the board of trustees of the District.	122686

(G) All books, records, documents, files, transcripts,	122687
equipment, furniture, supplies, and other materials assigned to or	122688
possessed by the board of trustees of the Jefferson County	122689
Community College District shall be transferred to the board of	122690
trustees of the District.	122691

(H) The employees of the board of trustees of the Jefferson	122692
County Community College District shall be employees of the board	122693
of trustees of the District.	122694

Section 515.20. On the effective date of this section, the	122695
duties, responsibilities, and functions of the Ohio Board of	122696
Regents under sections 4741.41, 4741.44, 4741.45, and 4741.46 of	122697
the Revised Code and its assets and liabilities under those	122698
sections are transferred to the State Veterinary Medical Licensing	122699
Board. The State Veterinary Medical Licensing Board assumes the	122700
obligations and authority of the Ohio Board of Regents with regard	122701
to sections 4741.41, 4741.44, 4741.45, and 4741.46 of the Revised	122702
Code. No right, privilege, or remedy, and no duty, liability, or	122703
obligation, accrued by the Ohio Board of Regents under sections	122704
4741.41, 4741.44, 4741.45, and 4741.46 of the Revised Code is	122705
impaired or lost by reason of the transfer and shall be	122706
recognized, administered, performed, or enforced by the State	122707
Veterinary Medical Licensing Board.	122708

Business commenced but not completed by the Ohio Board of	122709
Regents with regard to sections 4741.41, 4741.44, 4741.45, and	122710
4741.46 of the Revised Code shall be completed by the State	122711
Veterinary Medical Licensing Board in the same manner, and with	122712
the same effect, as if completed by the Ohio Board of Regents.	122713

All determinations of the Ohio Board of Regents that are made	122714
pursuant to sections 4741.41, 4741.44, 4741.45, and 4741.46 of the	122715
Revised Code continue in effect as determinations of the State	122716
Veterinary Medical Licensing Board until modified or rescinded by	122717
the State Veterinary Medical Licensing Board.	122718

Whenever the Ohio Board of Regents is referred to in statute,	122719
contract, or other instrument for the purposes of sections	122720
4741.41, 4741.44, 4741.45, and 4741.46 of the Revised Code, the	122721
reference is deemed to refer to the State Veterinary Medical	122722
Licensing Board.	122723

No pending action or proceeding being prosecuted or defended	122724
in court or before any agency by the Ohio Board of Regents for the	122725
purposes of sections 4741.41, 4741.44, 4741.45, and 4741.46 of the	122726
Revised Code is affected by the transfer and shall be prosecuted	122727
or defended in the name of the State Veterinary Medical Licensing	122728
Board. Upon application to the court or agency, the State	122729
Veterinary Medical Licensing Board shall be substituted as a	122730
party.	122731

Section 515.30. On the effective date of this section, the	122732
Division of Soil and Water Conservation in the Department of	122733
Natural Resources is renamed the Division of Soil and Water	122734
Resources. The Division of Soil and Water Conservation's	122735
functions, and its assets and liabilities, are transferred to the	122736
Division of Soil and Water Resources. The Division of Soil and	122737
Water Resources is successor to, assumes the obligations and	122738
authority of, and otherwise continues the Division of Soil and	122739
Water Conservation. No right, privilege, or remedy, and no duty,	122740
liability, or obligation, accrued under the Division of Soil and	122741
Water Conservation is impaired or lost by reason of the renaming	122742
and shall be recognized, administered, performed, or enforced by	122743
the Division of Soil and Water Resources.	122744

Business commenced but not completed by the Division of Soil	122745
and Water Conservation or by the Chief of the Division of Soil and	122746
Water Conservation shall be completed by the Division of Soil and	122747
Water Resources or the Chief of the Division of Soil and Water	122748
Resources in the same manner, and with the same effect, as if	122749
completed by the Division of Soil and Water Conservation or the	122750
Chief of the Division of Soil and Water Conservation.	122751

All of the Division of Soil and Water Conservation's rules,	122752
orders, and determinations continue in effect as rules, orders,	122753
and determinations of the Division of Soil and Water Resources	122754
until modified or rescinded by the Division of Soil and Water	122755
Resources.	122756

Subject to the layoff provisions of sections 124.321 to	122757
124.382 of the Revised Code, all employees of the Division of Soil	122758
and Water Conservation continue with the Division of Soil and	122759
Water Resources and retain their positions and all benefits	122760
accruing thereto.	122761

The Director of Budget and Management shall determine the	122762
amount of unexpended balances in the appropriation accounts that	122763
pertain to the Division of Soil and Water Conservation and shall	122764
recommend to the Controlling Board their transfer to the	122765
appropriation accounts that pertain to the Division of Soil and	122766
Water Resources. The Chief of the Division of Soil and Water	122767
Conservation shall provide full and timely information to the	122768
Controlling Board to facilitate the transfer.	122769

Whenever the Division of Soil and Water Conservation or the	122770
Chief of the Division of Soil and Water Conservation is referred	122771
to in a statute, contract, or other instrument, the reference is	122772
deemed to refer to the Division of Soil and Water Resources or to	122773
the Chief of the Division of Soil and Water Resources, whichever	122774
is appropriate in context.	122775

No pending action or proceeding being prosecuted or defended	122776
in court or before an agency by the Division of Soil and Water	122777
Conservation or the Chief of the Division of Soil and Water	122778
Conservation is affected by the renaming and shall be prosecuted	122779
or defended in the name of the Division of Soil and Water	122780
Resources or the Chief of the Division of Soil and Water	122781
Resources, whichever is appropriate. Upon application to the court	122782
or agency, the Division of Soil and Water Resources or the Chief	122783
of the Division of Soil and Water Resources shall be substituted.	122784

Section 515.40. On the effective date of this section, the	122785
Division of Water in the Department of Natural Resources is	122786
abolished and its functions, and its assets and liabilities, are	122787
transferred to the Division of Soil and Water Resources and the	122788
Division of Parks and Recreation, as applicable, in the Department	122789
of Natural Resources. The Division of Soil and Water Resources and	122790
the Division of Parks and Recreation, as applicable, are	122791
successors to, assume the obligations and authority of, and	122792
otherwise continue the Division of Water. No right, privilege, or	122793
remedy, and no duty, liability, or obligation, accrued under the	122794
Division of Water is impaired or lost by reason of the abolishment	122795
and shall be recognized, administered, performed, or enforced by	122796
the Division of Soil and Water Resources or the Division of Parks	122797
and Recreation, whichever is applicable.	122798

Business commenced but not completed by the Division of Water	122799
or by the Chief of the Division of Water shall be completed by the	122800
Division of Soil and Water Resources or the Chief of the Division	122801
of Soil and Water Resources or by the Division of Parks and	122802
Recreation or the Chief of the Division of Parks and Recreation,	122803
whichever is applicable, in the same manner, and with the same	122804
effect, as if completed by the Division of Water or the Chief of	122805
the Division of Water.	122806

All of the Division of Water's rules, orders, and	122807
determinations continue in effect as rules, orders, and	122808
determinations of the Division of Soil and Water Resources or the	122809
Division of Parks and Recreation, whichever is applicable, until	122810
modified or rescinded by the Division of Soil and Water Resources	122811
or the Division of Parks and Recreation, as applicable. If	122812
necessary to ensure the integrity of the numbering of the	122813
Administrative Code, the Director of the Legislative Service	122814
Commission shall renumber the Division of Water's rules to	122815
reflect their transfer to the Division of Soil and Water Resources	122816
or to the Division of Parks and Recreation, as applicable.	122817

Subject to the layoff provisions of sections 124.321 to	122818
124.382 of the Revised Code, all employees of the Division of	122819
Water are transferred to the Division of Soil and Water Resources	122820
or to the Division of Parks and Recreation, as applicable, and	122821
retain their positions and all benefits accruing thereto.	122822

The Director of Budget and Management shall determine the	122823
amount of unexpended balances in the appropriation accounts that	122824
pertain to the Division of Water and shall recommend to the	122825
Controlling Board their transfer to the appropriation accounts	122826
that pertain to the Division of Soil and Water Resources or the	122827
Division of Parks and Recreation, as applicable. The Chief of the	122828
Division of Water shall provide full and timely information to the	122829
Controlling Board to facilitate the transfer.	122830

Whenever the Division of Water or the Chief of the Division	122831
of Water is referred to in a statute, contract, or other	122832
instrument, the reference is deemed to refer to the Division of	122833
Soil and Water Resources or to the Chief of the Division of Soil	122834
and Water Resources or to the Division of Parks and Recreation or	122835
to the Chief of the Division of Parks and Recreation, whichever is	122836
appropriate in context.	122837

No pending action or proceeding being prosecuted or defended	122838
in court or before an agency by the Division of Water or the Chief	122839
of the Division of Water is affected by the abolishment and shall	122840
be prosecuted or defended in the name of the Division of Soil and	122841
Water Resources or the Chief of the Division of Soil and Water	122842
Resources or of the Division of Parks and Recreation or the Chief	122843
of the Division of Parks and Recreation, whichever is appropriate.	122844
Upon application to the court or agency, the Division of Soil and	122845
Water Resources or the Chief of the Division of Soil and Water	122846
Resources or the Division of Parks and Recreation or the Chief of	122847
the Division of Parks and Recreation, whichever is applicable,	122848
shall be substituted.	122849

Section 515.50. On the effective date of this section, the	122850
Division of Real Estate and Land Management in the Department of	122851
Natural Resources is abolished and its functions, and its assets	122852
and liabilities, are transferred to the Director of Natural	122853
Resources, to the Division of Engineering, and to the Division of	122854
Parks and Recreation, as applicable, in the Department of Natural	122855
Resources. The Director of Natural Resources, the Division of	122856
Engineering, and the Division of Parks and Recreation are	122857
successors to, assume the obligations and authority of, and	122858
otherwise continue the Division of Real Estate and Land	122859
Management. No right, privilege, or remedy, and no duty,	122860
liability, or obligation, accrued under the Division of Real	122861
Estate and Land Management is impaired or lost by reason of the	122862
abolishment and shall be recognized, administered, performed, or	122863
enforced by the Director of Natural Resources, the Division of	122864
Engineering, and the Division of Parks and Recreation, whichever	122865
is applicable.	122866

Business commenced but not completed by the Division of Real	122867
Estate and Land Management or by the Chief of the Division of Real	122868
Estate and Land Management shall be completed by the Director of	122869
Natural Resources, by the Division of Engineering or the Chief	122870
Engineer, or by the Division of Parks and Recreation or the Chief	122871
of the Division of Parks and Recreation, whichever is applicable,	122872
in the same manner, and with the same effect, as if completed by	122873
the Division of Real Estate and Land Management or the Chief of	122874
the Division of Real Estate and Land Management.	122875

All of the Division of Real Estate and Land Management's	122876
rules, orders, and determinations continue in effect as rules,	122877
orders, and determinations of the Director of Natural Resources,	122878
the Division of Engineering, or the Division of Parks and	122879
Recreation, whichever is applicable, until modified or rescinded	122880
by the Director of Natural Resources, the Division of Engineering,	122881
or the Division of Parks and Recreation, as applicable. If	122882
necessary to ensure the integrity of the numbering of the	122883
Administrative Code, the Director of the Legislative Service	122884
Commission shall renumber the Division of Real Estate and Land	122885
Management's rules to reflect their transfer to the Director of	122886
Natural Resources, to the Division of Engineering, or to the	122887
Division of Parks and Recreation, as applicable.	122888

Subject to the layoff provisions of sections 124.321 to	122889
124.382 of the Revised Code, all employees of the Division of Real	122890
Estate and Land Management are transferred to the office of the	122891
Director of Natural Resources, the Division of Engineering, or	122892
the Division of Parks and Recreation, as applicable, and retain	122893
their positions and all benefits accruing thereto.	122894

The Director of Budget and Management shall determine the	122895
amount of unexpended balances in the appropriation accounts that	122896
pertain to the Division of Real Estate and Land Management and	122897
shall recommend to the Controlling Board their transfer to the	122898
appropriation accounts that pertain to the Director of Natural	122899
Resources, the Division of Engineering, or the Division of Parks	122900
and Recreation, as applicable. The Chief of the Division of Real	122901
Estate and Land Management shall provide full and timely	122902
information to the Controlling Board to facilitate the transfer.	122903

Whenever the Division of Real Estate and Land Management or	122904
the Chief of the Division of Real Estate and Land Management is	122905
referred to in a statute, contract, or other instrument, the	122906
reference is deemed to refer to the Director of Natural Resources,	122907
to the Division of Engineering or the Chief Engineer, or to the	122908
Division of Parks and Recreation or the Chief of the Division of	122909
Parks and Recreation, whichever is appropriate in context.	122910

No pending action or proceeding being prosecuted or defended	122911
in court or before an agency by the Division of Real Estate and	122912
Land Management or the Chief of the Division of Real Estate and	122913
Land Management is affected by the abolishment and shall be	122914
prosecuted or defended in the name of the Department of Natural	122915
Resources or the Director of Natural Resources, of the Division	122916
of Engineering or the Chief Engineer, or of the Division of Parks	122917
and Recreation or the Chief of the Division of Parks and	122918
Recreation, whichever is appropriate. Upon application to the	122919
court or agency, the Department of Natural Resources or the	122920
Director of Natural Resources, the Division of Engineering or the	122921
Chief Engineer, or the Division of Parks and Recreation or the	122922
Chief of the Division of Parks and Recreation, whichever is	122923
applicable, shall be substituted.	122924

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

122925

Certain appropriations are in this act for the purpose of	122926
paying debt service and financing costs on general obligation	122927
bonds or notes of the state issued pursuant to the Ohio	122928
Constitution and acts of the General Assembly. If it is determined	122929
that additional appropriations are necessary for this purpose,	122930
such amounts are hereby appropriated.	122931

Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER	122932
OF STATE	122933

Certain appropriations are in this act for the purpose of	122934
making lease rental payments pursuant to leases and agreements	122935
relating to bonds or notes issued by the Ohio Building Authority	122936
or the Treasurer of State or, previously, by the Ohio Public	122937
Facilities Commission, pursuant to the Ohio Constitution and acts	122938
of the General Assembly. If it is determined that additional	122939
appropriations are necessary for this purpose, such amounts are	122940
hereby appropriated.	122941

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	122942
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	122943

The Office of Budget and Management shall process payments	122944
from general obligation and lease rental payment appropriation	122945
items during the period from July 1, 2009, to June 30, 2011,	122946
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	122947
2n, 2o, 2p, 2q, and 15 of Article VIII, Ohio Constitution, and	122948
Chapters 151. and 154. of the Revised Code. Payments shall be	122949
made upon certification by the Treasurer of State, Office of the	122950
Sinking Fund, of the dates and the amounts due on those dates.	122951

Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY	122952
AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	122953

The Office of Budget and Management shall process payments	122954
from lease rental payment appropriation items during the period	122955
from July 1, 2009, to June 30, 2011, pursuant to the lease	122956
agreements entered into relating to bonds or notes issued under	122957
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of	122958
the Revised Code. Payments shall be made upon certification by the	122959
Ohio Building Authority of the dates and the amounts due on those	122960
dates.	122961

Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION

122962

There is hereby appropriated, from those funds designated by	122963
or pursuant to the applicable proceedings authorizing the issuance	122964
of state obligations, amounts computed at the time to represent	122965
the portion of investment income to be rebated or amounts in lieu	122966
of or in addition to any rebate amount to be paid to the federal	122967
government in order to maintain the exclusion from gross income	122968
for federal income tax purposes of interest on those state	122969
obligations under section 148(f) of the Internal Revenue Code.	122970

Rebate payments shall be approved and vouchered by the Office	122971
of Budget and Management.	122972

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

122973

Whenever the Director of Budget and Management determines	122974
that an appropriation made to a state agency from a fund of the	122975
state is insufficient to provide for the recovery of statewide	122976
indirect costs under section 126.12 of the Revised Code, the	122977
amount required for such purpose is hereby appropriated from the	122978
available receipts of such fund.	122979

Section 521.30. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	122980
INDIRECT COST ALLOCATION PLAN	122981

The total transfers made from the General Revenue Fund by the	122982
Director of Budget and Management under this section shall not	122983
exceed the amounts transferred into the General Revenue Fund under	122984
section 126.12 of the Revised Code.	122985

The director of an agency may certify to the Director of	122986
Budget and Management the amount of expenses not allowed to be	122987
included in the Statewide Indirect Cost Allocation Plan under	122988
federal regulations, from any fund included in the Statewide	122989
Indirect Cost Allocation Plan, prepared as required by section	122990
126.12 of the Revised Code.	122991

Upon determining that no alternative source of funding is	122992
available to pay for such expenses, the Director of Budget and	122993
Management may transfer from the General Revenue Fund into the	122994
fund for which the certification is made, up to the amount of the	122995
certification. The director of the agency receiving such funds	122996
shall include, as part of the next budget submission prepared	122997
under section 126.02 of the Revised Code, a request for funding	122998
for such activities from an alternative source such that further	122999
federal disallowances would not be required.	123000

Section 521.40. FISCAL YEAR 2009 GENERAL REVENUE FUND ENDING	123001
BALANCE	123002

Notwithstanding divisions (B) and (C) of section 131.44 of	123003
the Revised Code, all fiscal year 2009 surplus revenue in excess	123004
of the amount required under division (A)(3) of section 131.44 of	123005
the Revised Code shall remain in the General Revenue Fund.	123006

Section 521.50. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

123007

Notwithstanding any provision of law to the contrary, on or	123008
before the first day of September of each fiscal year, the	123009
Director of Budget and Management, in order to reduce the payment	123010
of adjustments to the federal government, as determined by the	123011
plan prepared under division (A) of section 126.12 of the Revised	123012
Code, may designate such funds as the Director considers necessary	123013
to retain their own interest earnings.	123014

Section 521.60. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

123015

Pursuant to the plan for compliance with the Federal Cash	123016
Management Improvement Act required by section 131.36 of the	123017
Revised Code, the Director of Budget and Management may cancel and	123018
re-establish all or part of encumbrances in like amounts within	123019
the funds identified by the plan. The amounts necessary to	123020
re-establish all or part of encumbrances are hereby appropriated.	123021

Section 521.70. FISCAL STABILIZATION AND RECOVERY

123022

(A) To ensure the level of accountability and transparency	123023
required by federal law, the Director of Budget and Management	123024
may issue guidelines to any agency applying for federal money	123025
made available to this state for fiscal stabilization and	123026
recovery purposes, and may prescribe the process by which	123027
agencies are to comply with any reporting requirements	123028
established by the federal government.	123029

(B) Notwithstanding any provision of law to the contrary,	123030
federal money received by or on behalf of this state for fiscal	123031
stabilization in support of elementary, secondary, and higher	123032
education, public safety, and any other government service shall	123033
be deposited into the state treasury to the credit of the General	123034
Revenue Fund. If additional federal fiscal stabilization funds are	123035
available, the Director of Budget and Management may authorize	123036
expenditures from the General Revenue Fund in excess of the	123037
amounts appropriated to provide additional government services.	123038
Upon the authorization of the Director, the additional amounts are	123039
hereby appropriated. The federal money shall not be used as a	123040
match for the state's share of Medicaid.	123041

Section 523.10. ADVANCED ENERGY RESEARCH AND DEVELOPMENT

123042

(A) All items set forth in this division are hereby	123043
appropriated, for fiscal years 2011 and 2012, the biennium ending	123044
on June 30, 2012, out of any moneys in the state treasury to the	123045
credit of the Advanced Energy Research and Development Taxable	123046
Fund (Fund 7004) derived from the proceeds of obligations	123047
heretofore authorized under section 166.11 of the Revised Code:	123048

AIR AIR QUALITY DEVELOPMENT AUTHORITY	123049

C89800	Advanced Energy Research and Development Taxable	$	9,000,000	123050
TOTAL Advanced Energy Research and Development Taxable Fund		$	9,000,000	123051
TOTAL AIR QUALITY DEVELOPMENT AUTHORITY		$	9,000,000	123052

(B) All items set forth in this division are hereby	123053
appropriated, for fiscal years 2011 and 2012, the biennium ending	123054
on June 30, 2012, out of any moneys in the state treasury to the	123055
credit of the Advanced Energy Research and Development Fund (Fund	123056
7005) derived from the proceeds of obligations heretofore	123057
authorized under section 166.11 of the Revised Code:	123058

AIR AIR QUALITY DEVELOPMENT AUTHORITY	123059

C89801	Advanced Energy Research and Development	$	19,000,000	123060
TOTAL Advanced Energy Research and Development Fund		$	19,000,000	123061
TOTAL AIR QUALITY DEVELOPMENT AUTHORITY		$	19,000,000	123062

(C) The appropriation items C89800, Advanced Energy Research	123063
and Development Taxable, and C89801, Advanced Energy Research and	123064
Development, shall be used for advanced energy projects as	123065
provided in sections 3706.25 to 3706.30 of the Revised Code. The	123066
Executive Director of the Air Quality Development Authority may	123067
certify to the Director of Budget and Management that a need	123068
exists to fund additional advanced energy projects. If the	123069
Director of Budget and Management determines that investment	123070
earnings of the Advanced Energy Research and Development Taxable	123071
Fund (Fund 7004) and the Advanced Energy Research and Development	123072
Fund (Fund 7005) are available to fund additional projects, the	123073
Director may authorize additional expenditures from Fund 7004 or	123074
Fund 7005. Such amounts are hereby appropriated.	123075

(D) Notwithstanding any contrary provision of law, upon the	123076
request of the Executive Director of the Air Quality Development	123077
Authority, the Director of Budget and Management may transfer	123078
cash between Funds 7004 and 7005. Amounts transferred are hereby	123079
appropriated.	123080

(E) Expenditures from appropriations contained in this	123081
section may be accounted for as though made in the main capital	123082
appropriations act for the fiscal year 2011-2012 biennium enacted	123083
by the 128th General Assembly. The Air Quality Development	123084
Authority shall not expend any of the appropriations made in this	123085
section until after July 1, 2010.	123086

Section 601.10. That Sections 205.10, 309.10, 317.10, 321.10,	123087
325.20, and 327.10 of Am. Sub. H.B. 2 of the 128th General	123088
Assembly be amended to read as follows:	123089

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

123090

State Highway Safety Fund Group	123091

4W40	762321	Operating Expense - BMV	$	85,145,103	$	89,005,103	123092
4W40	762410	Registrations Supplement	$	31,753,145	$	32,480,610	123093
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	123094
7036	761321	Operating Expense - Information and Education	$	8,819,954	$	8,828,661	123095
7036	761401	Lease Rental Payments	$	13,337,000	$	11,836,200	123096
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	123097
7036	764321	Operating Expense - Highway Patrol	$	269,887,828	$	269,975,259	123098
7036	764605	Motor Carrier Enforcement Expenses	$	3,340,468	$	3,340,468	123099
8300	761603	Salvage and Exchange - Administration	$	20,800	$	21,632	123100
8310	761610	Information and Education - Federal	$	468,982	$	468,982	123101
8310	764610	Patrol - Federal	$	2,455,484	$	2,455,484	123102
8310	764659	Transportation Enforcement - Federal	$	6,132,592	$	6,132,592	123103
8310	765610	EMS - Federal	$	582,007	$	582,007	123104
8310	767610	Liquor Enforcement - Federal	$	514,184	$	514,184	123105
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,032,135	$	1,032,135	123106
8310	769631	Homeland Security - Federal	$	2,100,000	$	2,184,000	123107
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	123108
8350	762616	Financial Responsibility Compliance	$	6,063,600	$	6,063,600	123109
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	123110
8380	764606	Patrol Reimbursement	$	100,000	$	100,000	123111
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	123112
83F0	764657	Law Enforcement Automated Data System	$	10,984,978	$	9,053,266	123113
83G0	764633	OMVI Enforcement/Education	$	650,000	$	650,000	123114
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	123115
83M0	765624	Operating Expense - Trauma and EMS	$	2,915,113	$	2,924,562	123116
83N0	761611	Elementary School Seat Belt Program	$	390,000	$	405,600	123117
83P0	765637	EMS Grants	$	4,562,912	$	4,562,912	123118
83R0	762639	Local Immobilization Reimbursement	$	750,000	$	750,000	123119
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	123120
8400	764607	State Fair Security	$	1,396,283	$	1,396,283	123121
8400	764617	Security and Investigations	$	6,317,530	$	6,432,686	123122
8400	764626	State Fairgrounds Police Force	$	830,769	$	849,883	123123
8400	769632	Homeland Security - Operating	$	1,552,049	$	1,614,131	123124
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	123125
8440	761613	Seat Belt Education Program	$	400,000	$	400,000	123126
8460	761625	Motorcycle Safety Education	$	3,324,987	$	3,538,903	123127
8490	762627	Automated Title Processing Board	$	19,240,839	$	19,240,839	123128
TOTAL HSF State Highway Safety Fund Group			$	520,633,559	$	522,404,799	123129

General Services Fund Group	123130

4P60	768601	Justice Program Services	$	1,070,962	$	1,109,004	123131
4S30	766661	Hilltop Utility Reimbursement	$	520,000	$	540,800	123132
5ET0	768625	Drug Law Enforcement	$	4,200,000	$	4,200,000	123133
5Y10	764695	Highway Patrol Continuing Professional Training	$	280,820	$	280,820	123134
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	123135
TOTAL GSF General Services Fund Group			$	6,086,782	$	6,145,624	123136

Federal Special Revenue Fund Group	123137

3290	763645	Federal Mitigation Program	$	10,801,636	$	11,233,702	123138
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	123139
3390	763647	Emergency Management Assistance and Training	$	84,031,935	$	84,072,023	123140
3AY0	768606	Federal Justice Grants	$	1,020,000	$	745,000	123141
3CB0	768691	Federal Justice Grants - FFY06	$	920,000	$	795,000	123142
3CC0	768609	Justice Assistance Grants - FFY07	$	1,450,000	$	1,215,000	123143
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	36,146,492	$	1,902,447	123144
3DH0	768613	Federal Stimulus - Justice Programs	$	4,404,597	$	200,000	123145
3L50	768604	Justice Program	$	12,056,300	$	12,056,300	123146
3N50	763644	U.S. Department of Energy Agreement	$	31,358	$	31,672	123147
TOTAL FED Federal Special Revenue Fund Group			$	~~174,165,357~~ 178,569,954	$	~~139,758,780~~ 139,958,780	123148

State Special Revenue Fund Group	123149

4V30	763662	EMA Service and Reimbursement	$	4,474,751	$	4,653,743	123150
5390	762614	Motor Vehicle Dealers Board	$	200,000	$	200,000	123151
5B90	766632	Private Investigator and Security Guard Provider	$	1,341,478	$	1,395,137	123152
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	123153
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	123154
5CM0	767691	Federal Investigative Seizure	$	642,175	$	642,175	123155
5DS0	769630	Homeland Security	$	517,350	$	538,044	123156
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	1,600,000	$	2,750,000	123157
5FL0	769634	Investigations	$	1,172,080	$	1,195,522	123158
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	123159
6570	763652	Utility Radiological Safety	$	1,413,889	$	1,415,945	123160
6810	763653	SARA Title III HAZMAT Planning	$	254,794	$	262,438	123161
8500	767628	Investigative Unit Salvage	$	100,000	$	100,000	123162
TOTAL SSR State Special Revenue Fund Group			$	13,241,517	$	14,678,004	123163

Liquor Control Fund Group	123164

7043	767321		Liquor Enforcement - Operating		$	12,007,894		$	11,897,178		123165
TOTAL LCF Liquor Control Fund Group					$	12,007,894		$	11,897,178		123166

Agency Fund Group	123167

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		123168
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		123169

Holding Account Redistribution Fund Group	123170

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	123171
R052	762623	Security Deposits	$	350,000	$	350,000	123172
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	123173
TOTAL ALL BUDGET FUND GROUPS			$	~~729,870,109~~ 734,274,706	$	~~698,619,383~~ 698,819,383	123174

MOTOR VEHICLE REGISTRATION

123175

The Registrar of Motor Vehicles may deposit revenues to meet	123176
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	123177
4W40) established in section 4501.25 of the Revised Code, obtained	123178
under sections 4503.02 and 4504.02 of the Revised Code, less all	123179
other available cash. Revenue deposited pursuant to this paragraph	123180
shall support, in part, appropriations for operating expenses and	123181
defray the cost of manufacturing and distributing license plates	123182
and license plate stickers and enforcing the law relative to the	123183
operation and registration of motor vehicles. Notwithstanding	123184
section 4501.03 of the Revised Code, the revenues shall be paid	123185
into Fund 4W40 before any revenues obtained pursuant to sections	123186
4503.02 and 4504.02 of the Revised Code are paid into any other	123187
fund. The deposit of revenues to meet the aforementioned cash	123188
needs shall be in approximately equal amounts on a monthly basis	123189
or as otherwise determined by the Director of Budget and	123190
Management pursuant to a plan submitted by the Registrar of Motor	123191
Vehicles.	123192

CASH TRANSFERS FROM THE STATE BUREAU OF MOTOR VEHICLES FUND

123193

Notwithstanding any provision of law to the contrary, on July	123194
1, 2009, or as soon as possible thereafter, the Director of Budget	123195
and Management may transfer, from the Bureau of Motor Vehicles	123196
Fund (Fund 4W40), cash in the amounts of up to $635,293 to the	123197
Justice Program Services Fund (Fund 4P60), up to $3,284,464 to the	123198
EMA Service and Reimbursement Fund (Fund 4V30), and up to $879,060	123199
to the Investigations Fund (Fund 5FL0).	123200

Notwithstanding any provision to the contrary, the Director	123201
of Budget and Management may make additional cash transfers in	123202
fiscal years 2010 and 2011 from the Bureau of Motor Vehicles Fund	123203
(Fund 4W40) to any of the following five funds if the Director of	123204
Public Safety determines that the cash balance is insufficient in	123205
those funds and requests the Director to make the transfer: the	123206
Justice Program Services Fund (Fund 4P60), the EMA Service and	123207
Reimbursement Fund (Fund 4V30), the Investigations Fund (Fund	123208
5FL0), the Homeland Security Fund (Fund 5DS0), and the Trauma and	123209
Emergency Medical Services Fund (Fund 83M0).	123210

CAPITAL PROJECTS

123211

The Registrar of Motor Vehicles may transfer cash from the	123212
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	123213
Highway Safety Fund (Fund 7036) to meet its obligations for	123214
capital projects CIR-047, Department of Public Safety Office	123215
Building and CIR-049, Warehouse Facility.	123216

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

123217

The foregoing appropriation item 761401, Lease Rental	123218
Payments, shall be used for payments to the Ohio Building	123219
Authority for the period July 1, 2009, to June 30, 2011, under the	123220
primary leases and agreements for public safety related buildings	123221
financed by obligations issued under Chapter 152. of the Revised	123222
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	123223
Building Authority may, with approval of the Director of Budget	123224
and Management, lease capital facilities to the Department of	123225
Public Safety.	123226

HILLTOP TRANSFER

123227

The Director of Public Safety shall determine, per an	123228
agreement with the Director of Transportation, the share of each	123229
debt service payment made out of appropriation item 761401, Lease	123230
Rental Payments, that relates to the Department of	123231
Transportation's portion of the Hilltop Building Project, and	123232
shall certify to the Director of Budget and Management the amounts	123233
of this share. The Director of Budget and Management shall	123234
transfer the amounts of such shares from the Highway Operating	123235
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	123236

CASH TRANSFERS OF SEAT BELT FINE REVENUES

123237

Notwithstanding any provision of law to the contrary, the	123238
Controlling Board, upon request of the Director of Public Safety,	123239
may approve the transfer of cash between the following four funds	123240
that receive fine revenues from enforcement of the mandatory seat	123241
belt law: the Trauma and Emergency Medical Services Fund (Fund	123242
83M0), the Elementary School Program Fund (Fund 83N0), the Trauma	123243
and Emergency Medical Services Grants Fund (Fund 83P0), and the	123244
Seat Belt Education Fund (Fund 8440).	123245

STATE DISASTER RELIEF

123246

The State Disaster Relief Fund (Fund 5330) may accept	123247
transfers of cash and appropriations from Controlling Board	123248
appropriation items for Ohio Emergency Management Agency disaster	123249
response costs and disaster program management costs, and may	123250
also be used for the following purposes:	123251

(A) To accept transfers of cash and appropriations from	123252
Controlling Board appropriation items for Ohio Emergency	123253
Management Agency public assistance and mitigation program match	123254
costs to reimburse eligible local governments and private	123255
nonprofit organizations for costs related to disasters;	123256

(B) To accept and transfer cash to reimburse the costs	123257
associated with Emergency Management Assistance Compact (EMAC)	123258
deployments;	123259

(C) To accept disaster related reimbursement from federal,	123260
state, and local governments. The Director of Budget and	123261
Management may transfer cash from reimbursements received by this	123262
fund to other funds of the state from which transfers were	123263
originally approved by the Controlling Board.	123264

(D) To accept transfers of cash and appropriations from	123265
Controlling Board appropriation items to fund the State Disaster	123266
Relief Program, for disasters that have been declared by the	123267
Governor, and the State Individual Assistance Program for	123268
disasters that have been declared by the Governor and the federal	123269
Small Business Administration. The Ohio Emergency Management	123270
Agency shall publish and make available application packets	123271
outlining procedures for the State Disaster Relief Program and the	123272
State Individual Assistance Program.	123273

JUSTICE ASSISTANCE GRANT FUND

123274

The federal payments made to the state for the Byrne Justice	123275
Assistance Grants Program under Title II of Division A of the	123276
American Recovery and Reinvestment Act of 2009 shall be deposited	123277
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	123278
which is hereby created in the state treasury. All investment	123279
earnings of the fund shall be credited to the fund.	123280

JUSTICE ASSISTANCE GRANTS

123281

The foregoing appropriation ~~item~~items 768612, Federal	123282
Stimulus - Justice Assistance Grants, and 768613, Federal	123283
Stimulus - Justice Programs, shall be used to support activities	123284
to prevent and control crime and to improve the criminal justice	123285
system.	123286

FAMILY VIOLENCE PREVENTION FUND

123287

Notwithstanding any provision of law to the contrary, in	123288
each of fiscal years 2010 and 2011, the first $750,000 received	123289
to the credit of the Family Violence Prevention Fund (Fund 5BK0)	123290
in each of those fiscal years shall be appropriated to	123291
appropriation item 768689, Family Violence Shelter Programs, and	123292
the next $400,000 received to the credit of Fund 5BK0 in each of	123293
those fiscal years shall be appropriated to appropriation item	123294
768687, Criminal Justice Services - Operating. Any moneys	123295
received to the credit of Fund 5BK0 in excess of the	123296
aforementioned appropriated amounts in each fiscal year shall,	123297
upon the approval of the Controlling Board, be used to provide	123298
grants to family violence shelters in Ohio.	123299

SARA TITLE III HAZMAT PLANNING

123300

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	123301
entitled to receive grant funds from the Emergency Response	123302
Commission to implement the Emergency Management Agency's	123303
responsibilities under Chapter 3750. of the Revised Code.	123304

COLLECTIVE BARGAINING INCREASES

123305

Notwithstanding division (D) of section 127.14 and division	123306
(B) of section 131.35 of the Revised Code, except for the General	123307
Revenue Fund, the Controlling Board may, upon the request of	123308
either the Director of Budget and Management, or the Department of	123309
Public Safety with the approval of the Director of Budget and	123310
Management, increase appropriations for any fund, as necessary for	123311
the Department of Public Safety, to assist in paying the costs of	123312
increases in employee compensation that have occurred pursuant to	123313
collective bargaining agreements under Chapter 4117. of the	123314
Revised Code and, for exempt employees, under section 124.152 of	123315
the Revised Code.	123316

CASH BALANCE FUND REVIEW

123317

Not later than the first day of April in each fiscal year of	123318
the biennium, the Director of Budget and Management shall review	123319
the cash balances for each fund, except the State Highway Safety	123320
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	123321
4W40), in the State Highway Safety Fund Group, and shall	123322
recommend to the Controlling Board an amount to be transferred	123323
to the credit of Fund 7036 or Fund 4W40, as appropriate.	123324

Sec. 309.10. The federal payments made to the state for	123325
the Weatherization Assistance Program and the State Energy Grant	123326
Program under Title IV of Division A of the American Recovery	123327
and Reinvestment Act of 2009, and for the Homelessness Prevention	123328
Fund under Title XII of Division A of the American Recovery and	123329
Reinvestment Act of 2009, shall be deposited to the credit of	123330
the Federal Special Revenue Fund (Fund 3080).	123331

The federal payments made to the state for the Energy Star	123332
Rebate Program under the American Recovery and Reinvestment Act	123333
of 2009 shall be deposited to the credit of the Energy Star	123334
Rebate Program Fund (Fund 3DA0), which is hereby created in the	123335
state treasury.	123336

The federal payments made to the state for the Energy	123337
Efficiency and Conservation Block Grants Program under Title IV of	123338
Division A of the American Recovery and Reinvestment Act of 2009	123339
shall be deposited to the credit of the Energy Efficiency and	123340
Conservation Block Grants Fund (Fund 3DB0), which is hereby	123341
created in the state treasury.	123342

The federal payments made to the state for the Community	123343
Development Block Grant program under Title XII of Division A of	123344
the American Recovery and Reinvestment Act of 2009 shall be	123345
deposited to the credit of the Community Development Block Grant	123346
Fund (Fund 3K80).	123347

The federal payments made to the state for community	123348
services block grants under Title XII of Division A of the	123349
American Recovery and Reinvestment Act of 2009 shall be deposited	123350
to the credit of the Community Services Block Grant Fund (Fund	123351
3L00).	123352

The federal payments made to the state for the Home	123353
Investment Partnerships Program under Title XII of Division A of	123354
the American Recovery and Reinvestment Act of 2009 shall be	123355
deposited to the credit of the HOME Program Fund (Fund 3V10).	123356

The items in this division are appropriated as designated	123357
out of any moneys in the state treasury to the credit of their	123358
respective funds that are not otherwise appropriated.	123359

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	123360

Federal Special Revenue Fund Group	123361

3080	195603	Housing and Urban Development	$	$	26,205,724	123362
3080	195605	Federal Projects	$	$	266,781,409	123363
3080	195618	Energy Federal Grants	$	$	96,083,000	123364
3DA0	195632	Federal Stimulus - Energy Star Rebate Program	$	$	11,000,000	123365
3DB0	195642	Federal Stimulus - Energy Efficiency and Conservation Block Grants	$	$	21,000,000	123366
3K80	195613	Community Development Block Grant	$	$	12,957,527	123367
3L00	195612	Community Services Block Grant	$	$	38,979,000	123368
3V10	195601	HOME Program	$	$	83,484,547	123369
TOTAL FED Federal Special Revenue Fund Group			$	$	556,491,207	123370
TOTAL ALL BUDGET FUND GROUPS			$	$	556,491,207	123371

The foregoing appropriation item 195605, Federal Projects,	123372
shall be used to carry out the Home Weatherization Assistance	123373
Program, subject to any requirements of the American Recovery and	123374
Reinvestment Act of 2009 that apply to the money appropriated.	123375

The foregoing appropriation items 195603, Housing and Urban	123376
Development, 195618, Energy Federal Grants, 195613, Community	123377
Development Block Grant, 195612, Community Services Block Grant,	123378
195601, HOME Program, 195632, Federal Stimulus - Energy Star	123379
Rebate Program, and 195642, Federal Stimulus - Energy Efficiency	123380
and Conservation Block Grants, shall be used in accordance with	123381
the requirements of the American Recovery and Reinvestment Act of	123382
2009 that apply to the money appropriated.	123383

Sec. 317.10. (A) ~~The federal payments made to the state for~~	123384
~~the Immunization Program under Title VIII of Division A of the~~	123385
~~American Recovery and Reinvestment Act of 2009 shall be deposited~~	123386
~~to the credit of the Preventive Health Block Grant Fund (Fund~~	123387
~~3870).~~	123388

~~(B)~~ The federal payments made to the state for the Special	123389
Supplemental Nutrition Program under Title VIII of Division A of	123390
the American Recovery and Reinvestment Act of 2009 shall be	123391
deposited to the credit of the Women, Infants, and Children Fund	123392
(Fund 3890).	123393

~~(C)~~(B) The federal payments made to the state for the IDEA –	123394
Infants and Children Program under Title VIII of Division A of the	123395
American Recovery and Reinvestment Act of 2009 shall be deposited	123396
to the credit of the General Operations Fund (Fund 3920).	123397

~~(D)~~(C) The items in this section are appropriated as	123398
designated out of any moneys in the state treasury to the credit	123399
of their respective funds that are not otherwise appropriated.	123400

Appropriations

DOH DEPARTMENT OF HEALTH	123401

Federal Special Revenue Fund Group	123402

3890	440604	Women, Infants, and Children	$	$	2,000,000	123403
3920	440618	Federal Public Health Programs	$	$	14,410,000	123404
TOTAL FED Federal Special Revenue Fund Group			$	$	16,410,000	123405
TOTAL ALL BUDGET FUND GROUPS			$	$	16,410,000	123406

The foregoing appropriation items 440604, Women, Infants,	123407
and Children, and 440618, Federal Public Health Programs, shall be	123408
used in accordance with the requirements of the American	123409
Recovery and Reinvestment Act of 2009 that apply to the money	123410
appropriated.	123411

Sec. 321.10. The federal payments made to the state for	123412
the Vocational Rehabilitation Program under Title VIII of	123413
Division A of the American Recovery and Reinvestment Act of 2009	123414
shall be deposited to the credit of the Consolidated Federal Fund	123415
(Fund 3790).	123416

The federal payments made to the state for the Independent	123417
Living Program under Title VIII of Division A of the American	123418
Recovery and Reinvestment Act of 2009 shall be deposited to the	123419
credit of the Independent Living/Vocational Rehabilitation Fund	123420
(Fund 3L40).	123421

The items in this section are appropriated as designated	123422
out of any moneys in the state treasury to the credit of their	123423
respective funds that are not otherwise appropriated.	123424

Appropriations

RSC REHABILITATION SERVICES COMMISSION	123425

Federal Special Revenue Fund Group	123426

3790	415616	Federal - Vocational Rehabilitation	$	$	21,590,000	123427
3L40	415612	Federal Independent Living Centers or Services	$	$	~~509,000~~ 509,170	123428
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	$	1,392,958	123429
4680	415618	Third Party Funding	$	$	245,816	123430
TOTAL FED Federal Special Revenue Fund Group			$	$	~~23,491,958~~ 23,737,944	123431
TOTAL ALL BUDGET FUND GROUPS			$	$	~~23,491,958~~ 23,737,944	123432

The foregoing appropriation items 415616, Federal –	123433
Vocational Rehabilitation, 415612, Federal Independent Living	123434
Centers or Services, and 415617, Independent Living/Vocational	123435
Rehabilitation Programs, shall be used in accordance with the	123436
requirements of the American Recovery and Reinvestment Act of 2009	123437
that apply to the money appropriated.	123438

Sec. 325.20. Expenditures from appropriations made in	123439
~~Sections 325.05 and~~Section 325.10 shall be accounted for as	123440
though made in Am. Sub. H.B. 67 of the 127th General Assembly.	123441
However, law contained in the relevant operating	123442
appropriations act that is generally applicable to the	123443
appropriations made in that act also is generally applicable to	123444
the appropriations made in ~~Sections 325.05 and~~Section 325.10 of	123445
~~this act~~Am. Sub. H.B. 2 of the 128th General Assembly.	123446

Sec. 327.10. The unexpended, unencumbered portions of the	123447
appropriation items made in Sections 303.10, 305.10, 307.10,	123448
309.10, 311.10, 313.10, 317.10, 318.10, 319.10, 321.10, ~~325.05,~~	123449
and 325.10 of Am. Sub. H.B. 2 of the 128th General Assembly at	123450
the end of fiscal year 2009 are hereby reappropriated for the	123451
same purposes for fiscal year 2010.	123452

Section 601.11. That existing Sections 205.10, 309.10,	123453
317.10, 321.10, 325.20, and 327.10 of Am. Sub. H.B. 2 of the	123454
128th General Assembly are hereby repealed.	123455

Section 610.10. That Sections 103.80.80, 103.80.90, and	123456
301.10.50 of H.B. 496 of the 127th General Assembly be amended to	123457
read as follows:	123458

Reappropriations

Sec. 103.80.80. OSB SCHOOL FOR THE BLIND

123459

C22606	Glass Windows/East Wall of Natatorium	$	63,726	123460
C22607	Renovation of Science Laboratory Greenhouse	$	58,850	123461
C22608	Renovating Recreation Area	$	213,900	123462
C22609	New Classrooms for Secondary MH Program	$	996,164	123463
C22610	Renovation of Student Health Service Area	$	144,375	123464
C22611	Replacement of Cottage Windows	$	208,725	123465
C22612	Residential Renovations	$	~~7,043~~ 41,649	123466
C22613	Food Preparation Area Air Conditioning	$	67,250	123467
C22614	New School Lighting	$	184,500	123468
C22616	Renovation and Repairs	$	890,000	123469
C22617	Elevator Replacement	$	110,000	123470
Total Ohio School for the Blind		$	~~2,944,533~~ 2,979,139	123471

RESIDENTIAL RENOVATIONS

123472

The amount reappropriated for the foregoing appropriation	123473
item C22612, Residential Renovations, is the unencumbered and	123474
unallotted balance as of June 30, 2008, in appropriation item	123475
C22612, Residential Renovations, plus $34,606.	123476

Reappropriations

Sec. 103.80.90. OSD SCHOOL FOR THE DEAF

123477

C22103	Dormitory Renovations	$	2,833	123478
C22104	Boilers, Blowers, and Controls for the School Complex	$	47,360	123479
C22105	Central Warehouse	$	676,624	123480
C22106	Storage Barn	$	~~330,850~~ 384,279	123481
C22107	Renovation and Repairs	$	1,000,000	123482
Total Ohio School for the Deaf		$	~~2,057,667~~ 2,111,096	123483
TOTAL Administrative Building Fund		$	~~101,617,431~~ 101,705,466	123484

STORAGE BARN

123485

The amount reappropriated for the foregoing appropriation	123486
item C22106, Storage Barn, is the unencumbered and unallotted	123487
balance as of June 30, 2008, in appropriation item C22106, Storage	123488
Barn, plus $53,429.	123489

Sec. 301.10.50. THIRD FRONTIER PROJECT

123490

The foregoing appropriation item C23506, Third Frontier	123491
Project, shall be used to acquire, renovate, or construct	123492
facilities and purchase equipment for research programs,	123493
technology development, product development, and	123494
commercialization programs at or involving state-supported and	123495
state-assisted institutions of higher education. The funds shall	123496
be used to make grants awarded on a competitive basis, and shall	123497
be administered by the Third Frontier Commission. Expenditure of	123498
these funds shall comply with Section 2n of Article VIII, Ohio	123499
Constitution, and sections 151.01 and 151.04 of the Revised Code	123500
for the period beginning July 1, 2008, and ending June 30, 2010.	123501

Of the foregoing appropriation item C23506, Third Frontier	123502
Project, an amount equal to the unexpended, unencumbered portion	123503
at the end of fiscal year 2008 that was allocated for the	123504
implementation of the NextGen Network, shall be used for the same	123505
purpose in fiscal year 2009 and fiscal year 2010.	123506

The Third Frontier Commission shall develop guidelines	123507
relative to the application for and selection of projects funded	123508
from appropriation item C23506, Third Frontier Project. The	123509
commission may develop these guidelines in consultation with other	123510
interested parties. The Board of Regents and all state-assisted	123511
and state-supported institutions of higher education shall take	123512
all actions necessary to implement grants awarded by the Third	123513
Frontier Commission.	123514

The foregoing appropriation item C23506, Third Frontier	123515
Project, for which an appropriation is made from the Higher	123516
Education Improvement Fund (Fund 7034), is determined to consist	123517
of capital improvements and capital facilities for	123518
state-supported and state-assisted institutions of higher	123519
education, and is designated for the capital facilities to which	123520
proceeds of obligations in the Higher Education Improvement Fund	123521
(Fund 7034) are to be applied.	123522

Section 610.11. That existing Sections 103.80.80, 103.80.90,	123523
and 301.10.50 of H.B. 496 of the 127th General Assembly are	123524
hereby repealed.	123525

Section 610.20. That Section 11 of Am. Sub. H.B. 554 of the	123526
127th General Assembly be amended to read as follows:	123527

Sec. 11. (A) All items set forth in this division are hereby	123528
appropriated out of any moneys in the state treasury, for the	123529
biennium ending on June 30, 2010, to the credit of the Advanced	123530
Energy Research and Development Taxable Fund (Fund 7004) that are	123531
not otherwise appropriated:	123532

AIR AIR QUALITY DEVELOPMENT AUTHORITY	123533

C89800		Advanced Energy ~~R&D~~ Research and Development Taxable	$	~~9,000,000~~ 18,000,000	123534
Total Air Quality Development Authority			$	~~9,000,000~~ 18,000,000	123535
TOTAL Advanced Energy Research and Development Taxable Fund			$	~~9,000,000~~ 18,000,000	123536
	123537

(B) All items set forth in this division are hereby	123538
appropriated out of any moneys in the state treasury, for the	123539
biennium ending on June 30, 2010, to the credit of the Advanced	123540
Energy Research and Development Fund (Fund 7005) that are not	123541
otherwise appropriated:	123542

AIR AIR QUALITY DEVELOPMENT AUTHORITY	123543

C89801		Advanced Energy ~~R&D~~ Research and Development	$	~~19,000,000~~ 38,000,000	123544
Total Air Quality Development Authority			$	~~19,000,000~~ 38,000,000	123545
TOTAL Advanced Energy Research and Development Fund			$	~~19,000,000~~ 38,000,000	123546
	123547

(C) The foregoing appropriation items C89800, Advanced Energy	123548
~~R&D~~Research and Development Taxable, and C89801, Advanced Energy	123549
~~R&D~~Research and Development, shall be used for advanced energy	123550
projects in the manner provided in sections 3706.25 to 3706.30	123551
of the Revised Code. The Executive Director of the Air Quality	123552
Development Authority may certify to the Director of Budget and	123553
Management that a need exists to appropriate investment	123554
earnings of funds 7004 and 7005 to be so used. If the Director	123555
of Budget and Management, pursuant to sections 3706.25 to	123556
3706.30 of the Revised Code, determines that investment	123557
earnings are available to support additional appropriations,	123558
such amounts are hereby appropriated.	123559

(D) Upon the request of the Executive Director of the Air	123560
Quality Development Authority, the Director of Budget and	123561
Management may transfer cash between funds 7004 and 7005. Amounts	123562
transferred are hereby appropriated.	123563

(E) Expenditures from appropriations contained in this	123564
section may be accounted as though made in the main capital	123565
appropriations act of the FY 2009-FY 2010 biennium of the 127th	123566
General Assembly. The appropriations made in this section are	123567
subject to all provisions of the FY 2009-FY 2010 biennial capital	123568
appropriations act of the 127th General Assembly that are	123569
generally applicable to such appropriations.	123570

Section 610.21. That existing Section 11 of Am. Sub. H.B. 554	123571
of the 127th General Assembly is hereby repealed.	123572

Section 610.30. That Sections 233.40.30, 233.50.80, and	123573
701.20 of Am. Sub. H.B. 562 of the 127th General Assembly be	123574
amended to read as follows:	123575

Appropriations

Sec. 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

123576

C38400	Basic Renovations	$	1,691,834	123577
C38411	Columbus Hall Renovation	$	5,470,913	123578
C38412	Painters Apprenticeship Council	$	500,000	123579
C38413	Jewish Community Center NE Initiative	$	575,000	123580
C38414	Somali Community Center	$	100,000	123581
C38415	Building E	$	1,200,000	123582
Total Columbus State Community College		$	~~8,337,747~~ 9,537,747	123583

Appropriations

Sec. 233.50.80. STC STARK TECHNICAL COLLEGE

123585

C38900	Basic Renovations	$	786,333	123586
C38913	Business Technologies Building	$	2,034,537	123587
C38914	Corporate and Community Services Facility	$	500,000	123588
Total Stark Technical College		$	3,320,870	123589
Total Board of Regents and				123590
Institutions of Higher Education		$	~~598,559,802~~ 599,759,802	123591
TOTAL Higher Education Improvement Fund		$	~~609,109,802~~ 610,309,802	123592

Sec. 701.20. (A) The Ohio Commission on Local Government	123594
Reform and Collaboration shall develop recommendations on ways	123595
to increase the efficiency and effectiveness of local government	123596
operations, to achieve cost savings for taxpayers, and to	123597
facilitate economic development in this state. In developing the	123598
recommendations, the commission shall consider, but is not	123599
limited to, the following:	123600

(1) Restructuring and streamlining local government offices	123601
to achieve efficiencies and cost savings for taxpayers and to	123602
facilitate local economic development;	123603

(2) Restructuring and streamlining special taxing districts	123604
and local government authorities authorized by the constitution	123605
or the laws of this state to levy a tax of any kind or to have a	123606
tax of any kind levied on its behalf, and of local government	123607
units, including schools and libraries, to reduce overhead and	123608
administrative expenses;	123609

(3) Restructuring, streamlining, and finding ways to	123610
collaborate on the delivery of services, functions, or	123611
authorities of local government to achieve cost savings for	123612
taxpayers;	123613

(4) Examining the relationship of services provided by the	123614
state to services provided by local government and the possible	123615
realignment of state and local services to increase efficiency and	123616
improve accountability; ~~and~~	123617

(5) Ways of reforming or restructuring constitutional,	123618
statutory, and administrative laws to facilitate collaboration	123619
for local economic development, to increase the efficiency and	123620
effectiveness of local government operations, to identify	123621
duplication of services, and to achieve costs savings for	123622
taxpayers;	123623

(6) Making annual financial reporting across local	123624
governments consistent for ease of comparison; and	123625

(7) Aligning regional planning units across state agencies.

123626

(B)(1) There is hereby created the Ohio Commission on Local	123627
Government Reform and Collaboration, consisting of fifteen voting	123628
members. The President of the Senate shall appoint three members,	123629
one of whom may be a person who is recommended by the Minority	123630
Leader of the Senate. The Speaker of the House of Representatives	123631
shall appoint three members, one of whom may be a person who is	123632
recommended by the Minority Leader of the House of	123633
Representatives. The Governor shall appoint three members. One	123634
member shall be appointed by, and shall represent, each of the	123635
following organizations: the Ohio Municipal League, the Ohio	123636
Township Association, the Ohio School Boards Association, the	123637
County Commissioners' Association of Ohio, the Ohio Library	123638
Council, and the Ohio Association of Regional Councils. The	123639
initial appointments shall be made not later than ninety days	123640
after the effective date of this section. Vacancies shall be	123641
filled in the manner provided for original appointments.	123642
Members are not entitled to compensation for their services.	123643

(2) The initial meeting of the commission shall be called by	123644
the Governor within forty-five days after the initial appointments	123645
to the commission are complete. The commission shall elect two of	123646
its members to serve as co-chairpersons of the commission.	123647

(C) The commission may create an advisory council consisting	123648
of interested parties representing taxing authorities and	123649
political subdivisions that are not taxing authorities. The	123650
appointment of members to the advisory council is a matter of the	123651
commission's discretion. The commission may direct the advisory	123652
council to provide relevant information to the commission.	123653
Advisory council members are not members of the commission, and	123654
may not vote on commission business.	123655

(D) The commission may consult with and obtain assistance	123656
from state institutions of higher education (as defined in section	123657
3345.011 of the Revised Code) and from business organizations for	123658
research and data gathering related to its mission. State	123659
institutions of higher education and business organizations shall	123660
cooperate with the commission.	123661

(E) The commission shall issue a report of its findings and	123662
recommendations to the President of the Senate, the Speaker of the	123663
House of Representatives, and the Governor not later than July 1,	123664
2010. The commission ceases to exist upon submitting its report.	123665

Section 610.31. That existing Sections 233.40.30, 233.50.80,	123666
and 701.20 of Am. Sub. H.B. 562 of the 127th General Assembly are	123667
hereby repealed.	123668

Section 620.10. That Section 831.06 of Am. Sub. H.B. 530 of	123669
the 126th General Assembly be amended to read as follows:	123670

Sec. 831.06. The amendments by this act of the first	123671
paragraph of division (F) of section 5751.01, of division	123672
(F)(2)(w) of section 5751.01, of the first paragraph of section	123673
~~5751.032~~5751.53, and of divisions (A)(7) and (A)(8)(c) of section	123674
5751.032 of the Revised Code are nonsubstantive corrections of	123675
errors in Chapter 5751. of the Revised Code.	123676

Section 620.11. That existing Section 831.06 of Am. Sub. H.B.	123677
530 of the 126th General Assembly is hereby repealed.	123678

Section 630.10. That Section 4 of Am. Sub. H.B. 516 of the	123679
125th General Assembly, as most recently amended by Am. Sub. H.B.	123680
100 of the 127th General Assembly, be amended to read as follows:	123681

Sec. 4. The following agencies shall be retained pursuant to	123682
division (D) of section 101.83 of the Revised Code and shall	123683
expire on December 31, 2010:	123684

	REVISED CODE OR	123685
	UNCODIFIED	123686
AGENCY NAME	SECTION	123687

Administrator, Interstate Compact on Mental Health	5119.50	123688
Administrator, Interstate Compact on	5103.20	123689
Placement of Children		123690
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	123691
Advisory Boards to the EPA for Air Pollution	121.13	123692
Advisory Boards to the EPA for Water Pollution	121.13	123693
Advisory Committee of the State Veterinary Medical Licensing Board	4741.03(D)(3)	123694
Advisory Committee on Livestock Exhibitions	901.71	123695
Advisory Council on Amusement Ride Safety	1711.51	123696
Advisory Board of Directors for Prison Labor	5145.162	123697
Advisory Council for Each Wild, Scenic, or Recreational River Area	1517.18	123698
Advisory Councils or Boards for State Departments	107.18 or 121.13	123699
Advisory Group to the Ohio Water Resources Council	1521.19(C)	123700
Alzheimer's Disease Task Force	173.04(F)	123701
AMBER Alert Advisory Committee	5502.521	123702
Apprenticeship Council	4139.02	123703
Armory Board of Control	5911.09	123704
Automated Title Processing Board	4505.09(C)(1)	123705
Banking Commission	1123.01	123706
Board of Directors of the Ohio Health Reinsurance Program	3924.08	123707
Board of Voting Machine Examiners	3506.05(B)	123708
Brain Injury Advisory Committee	3304.231	123709
Capitol Square Review and Advisory Board	105.41	123710
Child Support Guideline Advisory Council	3119.024	123711
Children's Trust Fund Board	3109.15	123712
Citizens Advisory Committee (BMV)	4501.025	123713
Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities)	5123.092	123714
Clean Ohio Trail Advisory Board	1519.06	123715
Coastal Resources Advisory Council	1506.12	123716
Commission on African-American Males	4112.12	123717
Commission on Hispanic-Latino Affairs	121.31	123718
Commission on Minority Health	3701.78	123719
Committee on Prescriptive Governance	4723.49	123720
Commodity Advisory Commission	926.32	123721
~~Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council~~	~~5123.353~~	123722
Community Oversight Council	3311.77	123723
Compassionate Care Task Force	Section 3, H.B. 474, 124th GA	123724
Continuing Education Committee (for Sheriffs)	109.80	123725
Coordinating Committee, Agricultural Commodity Marketing Programs	924.14	123726
Council on Alcohol and Drug Addiction Services	3793.09	123727
Council on Unreclaimed Strip Mined Lands	1513.29	123728
~~Council to Advise on the Establishment and Implementation of the Birth Defects Information System~~	~~3705.34~~	123729
County Sheriffs' Standard Car-Marking and Uniform Commission	311.25	123730
Credit Union Council	1733.329	123731
Criminal Sentencing Advisory Committee	181.22	123732
Day-Care Advisory Council	5104.08	123733
Dentist Loan Repayment Advisory Board	3702.92	123734
Development Financing Advisory Council	122.40	123735
Education Commission of the States (Interstate Compact for Education)	3301.48	123736
Electrical Safety Inspector Advisory Committee	3783.08	123737
Emergency Response Commission	3750.02	123738
Engineering Experiment Station Advisory Committee	3335.27	123739
Environmental Education Council	3745.21	123740
EPA Advisory Boards or Councils	121.13	123741
Farmland Preservation Advisory Board	901.23	123742
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township	118.05	123743
Financial Planning & Supervision Commission for School District	3316.05	123744
Forestry Advisory Council	1503.40	123745
Governance Authority for a State University or College	3345.75	123746
~~Governor's Advisory Council on Physical Fitness, Wellness, & Sports~~	~~3701.77~~	123747
Governor's Council on People with Disabilities	3303.41	123748
Governor's Residence Advisory Commission	107.40	123749
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	123750
Gubernatorial Transition Committee	107.29	123751
Head Start Partnership Study Council	Section 41.35, H.B. 95, 125th GA	123752
Hemophilia Advisory Subcommittee	3701.0210	123753
Housing Trust Fund Advisory Committee	~~175.25~~ 174.06	123754
Industrial Commission Nominating Council	4121.04	123755
Industrial Technology and Enterprise Advisory Council	122.29	123756
Infant Hearing Screening Subcommittee	3701.507	123757
Insurance Agent Education Advisory Council	3905.483	123758
Interagency Council on Hispanic/Latino Affairs	121.32(J)	123759
Interstate Mining Commission (Interstate Mining Compact)	1514.30	123760
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact)	4981.35	123761
Joint Council on MR/DD	101.37	123762
Joint Select Committee on Volume Cap	133.021	123763
Labor-Management Government Advisory Council	4121.70	123764
Legal Rights Service Commission	5123.60	123765
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	123766
Maternal and Child Health Council	3701.025	123767
Medically Handicapped Children's Medical Advisory Council	3701.025	123768
Midwest Interstate Passenger Rail Compact Commission (Ohio members)	4981.361	123769
Military Activation Task Force	5902.15	123770
Milk Sanitation Board	917.03	123771
Mine Subsidence Insurance Governing Board	3929.51	123772
Minority Development Financing Board	122.72	123773
Multi-Agency Radio Communications Systems Steering Committee	Sec. 21, H.B. 790, 120th GA	123774
Multidisciplinary Council	3746.03	123775
Muskingum River Advisory Council	1501.25	123776
National Museum of Afro-American History and Culture Planning Committee	149.303	123777
Ohio Advisory Council for the Aging	173.03	123778
Ohio Aerospace & Defense Advisory Council	122.98	123779
Ohio Arts Council	3379.02	123780
Ohio Business Gateway Steering Committee	5703.57	123781
Ohio Cemetery Dispute Resolution Commission	4767.05	123782
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)	123783
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors	3930.03	123784
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	123785
Ohio Commission on Dispute Resolution and Conflict Management	179.02	123786
Ohio Commission to Reform Medicaid	Section 59.29, H.B. 95, 125th GA	123787
Ohio Community Service Council	121.40	123788
Ohio Council for Interstate Adult Offender Supervision	5149.22	123789
Ohio Cultural Facilities Commission	3383.02	123790
Ohio Developmental Disabilities Council	5123.35	123791
Ohio Expositions Commission	991.02	123792
Ohio Family and Children First Cabinet Council	121.37	123793
Ohio Geology Advisory Council	1505.11	123794
Ohio Grape Industries Committee	924.51	123795
Ohio Hepatitis C Advisory Commission	3701.92	123796
Ohio Historic Site Preservation Advisory Board	149.301	123797
Ohio Historical Society Board of Trustees	149.30	123798
Ohio Judicial Conference	105.91	123799
Ohio Lake Erie Commission	1506.21	123800
Ohio Medical Malpractice Commission	Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA	123801
Ohio Medical Quality Foundation	3701.89	123802
Ohio Parks and Recreation Council	1541.40	123803
Ohio Peace Officer Training Commission	109.71	123804
Ohio Public Defender Commission	120.01	123805
Ohio Public Library Information Network Board	Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA	123806
Ohio Quarter Horse Development Commission	3769.086	123807
Ohio Small Government Capital Improvements Commission	164.02	123808
Ohio Soil and Water Conservation Commission	1515.02	123809
Ohio Standardbred Development Commission	3769.085	123810
Ohio Steel Industry Advisory Council	122.97	123811
~~Ohio Teacher Education and Licensure Advisory Council~~	~~3319.28(D)~~	123812
Ohio Thoroughbred Racing Advisory Committee	3769.084	123813
Ohio Tuition Trust Authority	3334.03	123814
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10	123815
Ohio Vendors Representative Committee	3304.34	123816
Ohio War Orphans Scholarship Board	5910.02	123817
Ohio Water Advisory Council	1521.031	123818
Ohio Water Resources Council	1521.19	123819
Ohioana Library Association, Martha Kinney Cooper Memorial	3375.62	123820
Oil and Gas Commission	1509.35	123821
Operating Committee, Agricultural Commodity Marketing Programs	924.07	123822
Organized Crime Investigations Commission	177.01	123823
Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services	~~5111.81~~ 5111.084	123824
Physician Loan Repayment Advisory Board	3702.81	123825
Power Siting Board	4906.02	123826
Prequalification Review Board	5525.07	123827
Private Water Systems Advisory Council	3701.346	123828
Public Employment Risk Reduction Advisory Commission	4167.02	123829
Public Health Council	3701.33	123830
Public Utilities Commission Nominating Council	4901.021	123831
Public Utility Property Tax Study Committee	5727.85	123832
Radiation Advisory Council	3748.20	123833
Reclamation Commission	1513.05	123834
Recreation and Resources Commission	1501.04	123835
Recycling and Litter Prevention Advisory Council	1502.04	123836
Rehabilitation Services Commission Consumer Advisory Committee	3304.24	123837
Savings & Loans Associations & Savings Banks Board	1181.16	123838
Schools and Ministerial Lands Divestiture Committee	501.041	123839
Second Chance Trust Fund Advisory Committee	2108.17	123840
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	123841
Solid Waste Management Advisory Council	3734.51	123842
State Agency Coordinating Group	1521.19	123843
State Board of Emergency Medical Services Subcommittees	4765.04	123844
State Council of Uniform State Laws	105.21	123845
State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities	4115.32	123846
State Criminal Sentencing Commission	181.21	123847
State Fire Commission	3737.81	123848
State Racing Commission	3769.02	123849
State Victims Assistance Advisory Committee	109.91	123850
Student Tuition Recovery Authority	3332.081	123851
Tax Credit Authority	122.17	123852
Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office	1551.35	123853
Technical Advisory Council on Oil and Gas	1509.38	123854
Transportation Review Advisory Council	5512.07	123855
Unemployment Compensation Review Commission	4141.06	123856
Unemployment Compensation Advisory Council	4141.08	123857
Utility Radiological Safety Board	4937.02	123858
Vehicle Management Commission	125.833	123859
Veterans Advisory Committee	5902.02(K)	123860
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public)	146.02	123861
Water and Sewer Commission	1525.11(C)	123862
Waterways Safety Council	1547.73	123863
Wildlife Council	1531.03	123864
Workers' Compensation Board of Directors Nominating Committee	4121.123	123865

Section 630.11. That existing Section 4 of Am. Sub. H.B. 516	123866
of the 125th General Assembly, as most recently amended by Am.	123867
Sub. H.B. 100 of the 127th General Assembly, is hereby repealed.	123868

Section 640.10. That Section 153 of Am. Sub. H.B. 117 of the	123869
121st General Assembly, as most recently amended by Am. Sub. H.B.	123870
119 of the 127th General Assembly, be amended to read as follows:	123871

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	123872
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	123873
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	123874
repealed, effective October 16, ~~2009~~2011.	123875

(B) Any money remaining in the Legislative Budget Services	123876
Fund on October 16, ~~2009~~2011, the date that section 5112.19 of	123877
the Revised Code is repealed by division (A) of this section,	123878
shall be used solely for the purposes stated in then former	123879
section 5112.19 of the Revised Code. When all money in the	123880
Legislative Budget Services Fund has been spent after then former	123881
section 5112.19 of the Revised Code is repealed under division (A)	123882
of this section, the fund shall cease to exist.	123883

Section 640.11. That existing Section 153 of Am. Sub. H.B.	123884
117 of the 121st General Assembly, as most recently amended by	123885
Am. Sub. H.B. 119 of the 127th General Assembly, is hereby	123886
repealed.	123887

Section 690.10. That Section 325.05 of Am. Sub. H.B. 2 of the	123888
128th General Assembly is hereby repealed.	123889

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

123890

(A) As used in this section, "appointing authority" has the	123891
same meaning as in section 124.01 of the Revised Code, and	123892
"exempt employee" has the same meaning as in section 124.152 of	123893
the Revised Code.	123894

(B) Notwithstanding section 124.181 of the Revised Code, both	123895
of the following apply:	123896

(1) In cases where no vacancy exists, an appointing authority	123897
may, with the written consent of an exempt employee, assign duties	123898
of a higher classification to that exempt employee for a period of	123899
time not to exceed two years, and that exempt employee shall	123900
receive compensation at a rate commensurate with the duties of the	123901
higher classification.	123902

(2) If necessary, exempt employees who are assigned to duties	123903
within their agency to maintain operations during the Ohio	123904
Administrative Knowledge System (OAKS) implementation may agree to	123905
a temporary assignment that exceeds the two-year limit.	123906

Section 701.20. FINANCIAL PLANNING AND SUPERVISION	123907
COMMISSIONS	123908

For any Financial Planning and Supervision Commission	123909
established prior to the effective date of the amendment of	123910
section 118.05 of the Revised Code by the Main Operating	123911
Appropriations Act of the 128th General Assembly, four members	123912
constitute a quorum and the affirmative vote of four members is	123913
necessary for any action taken by vote of the commission.	123914

Section 701.30. SCIENCE AND TECHNOLOGY COLLABORATION

123915

The Department of Development, the Board of Regents, the Air	123916
Quality Development Authority, the Department of Agriculture, and	123917
the Third Frontier Commission shall collaborate in relation to	123918
appropriation items and programs referred to as Technology-based	123919
Economic Development Programs in this section, and other	123920
technology-related appropriations and programs in the Department	123921
of Development, Air Quality Development Authority, Department of	123922
Agriculture, and the Board of Regents as these agencies may	123923
designate, to ensure implementation of a coherent state science	123924
and technology strategy.	123925

To the extent permitted by law, the Air Quality Development	123926
Authority shall assure that coal research and development	123927
programs, proposals, and projects consider or incorporate	123928
collaborations with Third Frontier Project programs and grantees	123929
and with Technology-based Economic Development Programs and	123930
grantees.	123931

"Technology-based Economic Development Programs" means	123932
appropriation items 195401, Thomas Edison Program; 898402, Coal	123933
Development Office; 195422, Technology Action; 898604, Coal	123934
Research and Development Fund; 235433, Economic Growth Challenge;	123935
235508, Air Force Institute of Technology; 235510, Ohio	123936
Supercomputer Center; 235535, Ohio Agricultural Research and	123937
Development Center; 235556, Ohio Academic Resources Network;	123938
195435, Biomedical Research and Technology Transfer; 195687,	123939
Third Frontier Research & Development Projects; C23506, Third	123940
Frontier Project; 195692, Research & Development Taxable Bond	123941
Projects; 195694, Jobs Fund Bioproducts; 195695, Jobs Fund	123942
Biomedical; and tax credits supporting the Ohio Venture Capital	123943
Authority and Technology Investment Tax Credit programs.	123944

Technology-based Economic Development Programs shall be	123945
managed and administered in accordance with the following	123946
objectives: (1) to build on existing competitive research	123947
strengths; (2) to encourage new and emerging discoveries and	123948
commercialization of products and ideas that will benefit the Ohio	123949
economy; and (3) to assure improved collaboration among programs	123950
administered by the Third Frontier Commission and with other	123951
state programs that are intended to improve economic growth and	123952
job creation. As directed by the Third Frontier Commission,	123953
Technology-based Economic Development Program managers shall	123954
report to the Commission or the Third Frontier Advisory Board	123955
regarding the contributions of their programs to achieving these	123956
objectives.	123957

Each Technology-based Economic Development Program shall be	123958
reviewed annually by the Third Frontier Commission with respect	123959
to its development of complementary relationships within a	123960
combined state science and technology investment portfolio, and	123961
with respect to its overall contribution to the state's science	123962
and technology strategy, including the adoption of appropriately	123963
consistent criteria for: (1) the scientific and technical merit	123964
and relationship to Ohio's research strengths of activities	123965
supported by the program; (2) the relevance of the program's	123966
activities to commercial opportunities in the private sector; (3)	123967
the private sector's involvement in a process that continually	123968
evaluates commercial opportunities to use the work supported by	123969
the program; and (4) the ability of the program and recipients of	123970
grant funding from the program to engage in activities that are	123971
collaborative, complementary, and efficient in the expenditure of	123972
state funds. Each Technology-based Economic Development Program	123973
shall provide an annual report to the Third Frontier Commission	123974
that discusses existing, planned, or possible collaborations	123975
between programs and between recipients of grant funding related	123976
to technology, development, commercialization, and the support of	123977
Ohio's economic development. The annual review conducted by the	123978
Third Frontier Commission shall be a comprehensive review of the	123979
entire state science and technology program portfolio rather than	123980
a review of individual programs.	123981

Applicants for Third Frontier and Technology-based Economic	123982
Development Programs funding shall identify their requirements	123983
for high-performance computing facilities and services, including	123984
both hardware and software, in all proposals. If an applicant's	123985
requirements exceed approximately $100,000 for a proposal, the	123986
Ohio Supercomputer Center shall convene a panel of experts. The	123987
panel shall review the proposal to determine whether the	123988
proposal's requirements can be met through Ohio Supercomputer	123989
Center facilities or through other means and report such	123990
information to the Third Frontier Commission.	123991

To ensure that the state receives the maximum benefit from	123992
its investment in the Third Frontier Project and the NextGen	123993
Network, organizations receiving Third Frontier awards and	123994
Technology-based Economic Development Programs awards shall, as	123995
appropriate, be expected to have a connection to the NextGen	123996
Network that enables them and their collaborators to achieve	123997
award objectives through the NextGen Network.	123998

Section 701.40. The General Assembly intends that all funds	123999
appropriated or otherwise made available by the state for fiscal	124000
stabilization or recovery purposes, or by the American Recovery	124001
and Reinvestment Act of 2009, shall be used, to the extent	124002
possible, in accordance with the preferences established in	124003
section 125.09 of the Revised Code to purchase products made and	124004
services performed in the United States and in this state. The	124005
General Assembly further recognizes that a preference for buying	124006
goods and materials that are produced, and services that are	124007
performed, in the United States for projects is important for	124008
maximizing the creation of American jobs and restoring economic	124009
growth and opportunity.	124010

If any person requests or obtains a waiver of the preferences	124011
referred to in the first paragraph of this section, the Director	124012
of Administrative Services shall publish information identifying	124013
the person and the product or service with regard to which the	124014
waiver was requested or obtained. The purpose of publishing this	124015
identifying information is to enhance opportunities for producers,	124016
service providers, and workers to identify and provide products	124017
made and services performed in the United States and this state,	124018
and thereby to maximize the success of the fiscal stabilization	124019
and economic recovery program. The director shall publish the	124020
identifying information on an internet web site maintained by the	124021
Department of Administrative Services.	124022

Section 701.50. If a state agency, including a state	124023
university as defined in section 3345.011 of the Revised Code and	124024
the Ohio Housing Finance Agency, the Third Frontier Commission,	124025
the Clean Ohio Council, and the Ohio School Facilities	124026
Commission, has failed to comply with the set-aside requirement	124027
in division (B) of section 125.081 of the Revised Code, or to	124028
comply with the procurement goals specified under division (B)(2)	124029
or (14) of section 123.152 of the Revised Code, the state agency	124030
shall establish, not later than December 31, 2009, a long-term	124031
plan for complying with those provisions.	124032

Section 701.60. As soon as possible after this section takes	124033
effect, the Speaker of the House of Representatives and the	124034
President of the Senate shall make or remake appointments of ex	124035
officio members to the Commission on Hispanic-Latino Affairs as	124036
may be necessary to bring the ex officio membership of the	124037
commission into conformity with the amendments by this act to	124038
section 121.31 of the Revised Code.	124039

Section 701.70. It is the intent of the General Assembly	124040
that the Superintendent of Financial Institutions take any action	124041
necessary to provide for an orderly transition for those persons	124042
who, on the effective date of this section, hold mortgage lender	124043
certificates of registration under sections 1321.51 to 1321.60 of	124044
the Revised Code, mortgage broker certificates of registration	124045
under sections 1322.01 to 1322.12 of the Revised Code, or loan	124046
officer licenses under sections 1322.01 to 1322.12 of the Revised	124047
Code, and for those persons who, on the effective date of this	124048
section, perform the functions or duties of loan originators, as	124049
specified in this act.	124050

Section 709.10. (A) There is hereby created in the	124051
Department of Agriculture the Ohio Beekeepers Task Force	124052
consisting of the following members:	124053

(1) Two members of the standing committee of the House of	124054
Representatives that is primarily responsible for considering	124055
agricultural matters appointed by the Governor, each from a	124056
different political party;	124057

(2) Two members of the standing committee of the Senate that	124058
is primarily responsible for considering agricultural matters	124059
appointed by the Governor, each from a different political party;	124060

(3) The Chief of the Division of Plant Industry in the	124061
Department of Agriculture or the Chief's designee;	124062

(4) The Director of Natural Resources or the Director's	124063
designee;	124064

(5) Two representatives of the Ohio State Beekeepers	124065
Association appointed by the Association;	124066

(6) The Director of The Ohio State University Extension or	124067
the Director's designee;	124068

(7) An apiculture specialist of The Ohio State University	124069
Extension appointed by the Director of The Ohio State University	124070
Extension;	124071

(8) The Chair of The Ohio State University Department of	124072
Entomology or the Chair's designee;	124073

(9) A representative of the Ohio Produce Growers and	124074
Marketing Association appointed by the Association;	124075

(10) A representative of the Ohio Farm Bureau Federation Bee	124076
and Honey Committee appointed by the Federation;	124077

(11) A representative of the Ohio Farmers Union appointed by	124078
the Union;	124079

(12) A representative of the County Commissioners Association	124080
of Ohio appointed by the Association.	124081

(B) The members shall be appointed not later than sixty days	124082
after the effective date of this section. The Task Force shall	124083
hold its first meeting not later than ninety days after the	124084
effective date of this section.	124085

(C) The Governor shall select a chairperson and	124086
vice-chairperson from among the members of the Task Force. The	124087
chairperson may appoint a secretary.	124088

(D) The members of the Task Force shall receive no	124089
compensation for their services.	124090

(E) Not later than ten months after the effective date of	124091
this section, the Ohio Beekeepers Task Force shall submit a report	124092
to the Governor, the President of the Senate, the Speaker of the	124093
House of Representatives, and the Ohio State Beekeepers	124094
Association. The report shall do all of the following:	124095

(1) Provide an overview of the characteristics of the	124096
honeybee crisis in Ohio;	124097

(2) Examine and provide an overview of and conclusions	124098
regarding whether pollinator shortages are affecting crop	124099
pollination in Ohio;	124100

(3) Review and provide an overview of the Ohio Honeybee	124101
Emergency Action Plan;	124102

(4) Review and provide a summary of the federal initiatives	124103
regarding Ohio's bee population and of all of the Department of	124104
Agriculture's and the Ohio State Beekeepers Association's	124105
programs concerning Ohio's bee population;	124106

(5) Provide an overview of the five-year goals of the	124107
Department of Agriculture concerning honeybees, including	124108
recommendations for the restoration of Ohio's bee population;	124109

(6) Examine and describe the funding that is available for	124110
honeybee programs and issues affecting honeybees;	124111

(7) Any other issues that the Task Force considers	124112
appropriate.	124113

(F) Not later than ninety days following the submission of	124114
the report, the Task Force shall meet and respond to any question	124115
from a person who received the report. The Task Force shall cease	124116
to exist upon submitting its response to all questions from	124117
persons who received the report.	124118

Section 713.10. In accordance with section 1332.24 of the	124119
Revised Code, as amended by this act, the Director of Commerce may	124120
impose upon and collect an annual assessment on video service	124121
providers for fiscal year 2010. Notwithstanding the dates	124122
otherwise specified in that section, video service providers shall	124123
submit subscriber counts for the preceding calendar year not later	124124
than October 9, 2009; the Director shall send to each provider to	124125
be assessed written notice of its proportional amount of the total	124126
assessment by October 16, 2009; and the provider shall pay that	124127
amount not later than October 30, 2009.	124128

Section 721.10. (A) In Lorain County, all proceedings that	124129
are within the jurisdiction of the Probate Court under Chapter	124130
2101. and other provisions of the Revised Code that are pending	124131
before a judge of the Domestic Relations Division of the Lorain	124132
County Court of Common Pleas on the effective date of this act	124133
shall remain with that judge of the Domestic Relations Division	124134
of the Lorain County Court of Common Pleas. All proceedings that	124135
are within the jurisdiction of the Domestic Relations Division of	124136
the Lorain County Court of Common Pleas under Chapter 2301. and	124137
other provisions of the Revised Code that are pending before the	124138
probate judge of the Lorain County Probate Court on September 29,	124139
2009, shall remain with that probate judge of the Lorain County	124140
Probate Court.	124141

(B) The successors to the judge of the Lorain County Court of	124142
Common Pleas who was elected pursuant to section 2301.02 of the	124143
Revised Code in 2008 for a term that began on February 9, 2009,	124144
shall be elected in 2014 and thereafter pursuant to section	124145
2101.02 of the Revised Code as judges of the probate division of	124146
the Lorain County Court of Common Pleas.	124147

Section 737.10. The Director of Budget and Management shall	124148
study the economic viability of tracks where permit holders	124149
conduct live horse racing. Not later than thirty days after the	124150
effective date of this section, the director shall prepare a	124151
report that includes the findings resulting from the study and	124152
that makes recommendations regarding ways to ensure the economic	124153
viability of tracks. The director shall transmit a copy of the	124154
report to the Governor, the Speaker of the House of	124155
Representatives, and the President of the Senate.	124156

Section 741.10. PAYROLL REDUCTION STRATEGIES

124157

Notwithstanding any other provision of law to the contrary,	124158
the Office of Collective Bargaining of the Department of	124159
Administrative Services is authorized to negotiate with the	124160
respective state collective bargaining units various payroll	124161
reduction strategies through the collective bargaining process	124162
prior to July 1, 2009, including, but not limited to, reductions	124163
in pay for fiscal years 2010 and 2011 and an increase in each	124164
state employee's share of dental, vision, and life insurance	124165
benefits for those fiscal years. If the Office successfully	124166
negotiates or reaches alternative payroll reduction strategies	124167
through the collective bargaining process, those payroll	124168
reduction strategies shall be implemented. The total amount of	124169
state employee payroll reduction strategy savings to be	124170
negotiated or implemented for each of those fiscal years shall be	124171
between $170,000,000 and $200,000,000, unless otherwise agreed to	124172
by the Office of Collective Bargaining and the Director of Budget	124173
and Management. The Director of Budget and Management is	124174
authorized to transfer cash from non-General Revenue Fund funds	124175
to the General Revenue Fund to carry out this section.	124176

Section 743.10. If a petition seeks the holding of an	124177
election on Sunday liquor sales on or after the effective date of	124178
this section under question (B)(1), (2), or (3) of section	124179
4301.351 or 4301.354 of the Revised Code, under question (B)(2) of	124180
section 4301.355 of the Revised Code, or under section 4301.356 of	124181
the Revised Code and the petition contains signatures that were	124182
placed on it before the effective date of this section, the	124183
petition is not invalid merely because the question or questions	124184
sought to be submitted to the electors and contained in the	124185
petition state that Sunday liquor sales may commence beginning at	124186
1 p.m. rather than 11 a.m.	124187

Section 743.11. (A) Notwithstanding division (A)(3) of	124188
section 4303.182 of the Revised Code, as amended by this act, the	124189
electors in a precinct in which the first hour of sale on Sunday	124190
was changed from one p.m. to eleven a.m. by operation of that	124191
division may petition to hold an election to revert that first	124192
hour of sale to one p.m. That election shall be held under the	124193
following conditions:	124194

(1) At the first general election that occurs after the	124195
effective date of this section unless that general election will	124196
be held less than one hundred thirty-five days after that date, in	124197
which case the election shall be held at the immediately following	124198
general election;	124199

(2) Under division (B)(1), (2), or (3) of section 4301.351 or	124200
4301.354 of the Revised Code, under division (B)(2) of section	124201
4301.355 of the Revised Code, or under section 4301.356 of the	124202
Revised Code, as applicable, except that the starting time for	124203
sales under the question shall be one p.m. rather than eleven	124204
a.m.;	124205

(3) In accordance with the applicable requirements and	124206
provisions governing elections that are held under those divisions	124207
or that section and that are established under Chapter 4301. of	124208
the Revised Code.	124209

(B) Not later than forty-five days after the effective date	124210
of this section, the Superintendent of Liquor Control shall	124211
publish notice of the provisions of division (A) of this section	124212
in a newspaper of general circulation in each county of the	124213
state.	124214

Section 745.10. For the time period beginning on the	124215
effective date of this section and ending June 30, 2010:	124216

(A) Notwithstanding division (N) of section 4517.01 of the	124217
Revised Code, "salesperson" shall include any person employed by a	124218
manufactured home broker to sell, display, and offer for sale, or	124219
deal in manufactured homes or mobile homes for a commission,	124220
compensation, or other valuable consideration, but does not	124221
include any public officer performing official duties.	124222

(B)(1) For purposes of section 4517.03 of the Revised Code,	124223
if a licensed new or used motor vehicle dealer also is a licensed	124224
manufactured home park operator, all of the following apply:	124225

(a) An established place of business that is located in the	124226
operator's manufactured home park and that is used for selling,	124227
leasing, and renting manufactured homes and mobile homes in that	124228
manufactured home park shall be considered as used exclusively for	124229
that purpose even though rent and other activities related to the	124230
operation of the manufactured home park take place at the same	124231
location or office.	124232

(b) The dealer's established place of business in the	124233
manufactured home park shall be staffed by someone licensed and	124234
regulated under Chapter 4517. of the Revised Code who could	124235
reasonably assist any retail customer with or without an	124236
appointment, but such established place of business shall not be	124237
required to satisfy office size, display lot size, and physical	124238
barrier requirements applicable to other used motor vehicle	124239
dealers.	124240

(c) The manufactured and mobile homes being offered for sale,	124241
lease, or rental by the dealer may be located on individual rental	124242
lots inside the operator's manufactured home park.	124243

(2) For purposes of section 4517.03 of the Revised Code, a	124244
place of business used for the brokering or sale of manufactured	124245
homes or mobile homes shall be considered as used exclusively for	124246
brokering, selling, displaying, offering for sale, or dealing in	124247
motor vehicles even though industrialized units, as defined by	124248
section 3781.06 of the Revised Code, are brokered, sold,	124249
displayed, offered for sale, or dealt at the same place of	124250
business.	124251

(C) Notwithstanding division (B) of section 4517.22 of the	124252
Revised Code, contracts may be signed, deposits taken, and sales	124253
consummated at a motor vehicle show at which the motor vehicles	124254
being displayed are new manufactured homes, as defined in division	124255
(C)(4) of section 3781.06 of the Revised Code.	124256

Section 745.20. Notwithstanding section 4781.16 of the	124257
Revised Code, any person licensed as a new motor vehicle dealer,	124258
used motor vehicle dealer, manufactured homes broker, or	124259
salesperson under Chapter 4517. of the Revised Code on June 30,	124260
2010, may continue to engage in the business of displaying,	124261
selling at retail, or brokering manufactured homes or mobile	124262
homes under the authority of such license until the license	124263
expires or until the manufactured homes commission issues or	124264
denies the person a manufactured housing dealer's license,	124265
manufactured housing broker's license, or manufactured housing	124266
salesperson's license under Chapter 4781. of the Revised Code,	124267
whichever occurs earlier.	124268

Section 745.30. Effective July 1, 2010, the manufactured	124269
homes commission may suspend or revoke any existing new motor	124270
vehicle dealer, used motor vehicle dealer, manufactured homes	124271
broker, or salesperson license issued to a person engaged in the	124272
business of displaying, selling at retail, or brokering	124273
manufactured homes or mobile homes, and such action may be	124274
appealed under section 4781.25 of the Revised Code.	124275

Section 745.40. Effective July 1, 2010, nothing in sections	124276
4517.01 to 4517.99 of the Revised Code shall be construed to apply	124277
to any of the following:	124278

(A) Manufactured homes as defined in division (C)(4) of	124279
section 3781.06 of the Revised Code;	124280

(B) Mobile homes as defined in division (O) of section	124281
4501.01 of the Revised Code; or	124282

(C) Dealers, brokers or salespersons of manufactured homes or	124283
mobile homes.	124284

Section 749.10. (A) The Ohio General Assembly finds that the	124285
funding for infrastructure and personnel of 9-1-1 systems in Ohio	124286
is disparate in meeting state and local needs. In response to	124287
these findings, there is hereby created the 9-1-1 Funding and	124288
Modernization Task Force to review current funding models and to	124289
research, analyze, and recommend to the General Assembly and the	124290
Governor appropriate future funding models and modernization	124291
policies to improve the effectiveness of infrastructure and	124292
personnel of 9-1-1 systems in Ohio.	124293

(B) The Task Force shall consist of the following members,	124294
appointed not later than sixty days after the effective date of	124295
this section:	124296

(1) Three members of the Ohio House of Representatives, with	124297
two appointed by the Speaker of the House of Representatives from	124298
the majority party and one appointed by the Minority Leader of the	124299
House from the minority party;	124300

(2) Three members of the Ohio Senate, with two appointed by	124301
the President of the Senate from the majority party and one	124302
appointed by the Minority Leader of the Senate from the minority	124303
party;	124304

(3) The Chairperson of the Public Utilities Commission, or	124305
another commissioner appointed by the chairperson;	124306

(4) The Director of Public Safety;

124307

(5) One representative selected by the County Commissioners'	124308
Association of Ohio and appointed by the Governor;	124309

(6) One representative selected by the Ohio Municipal League	124310
and appointed by the Governor;	124311

(7) One representative selected by the Ohio Township	124312
Association and appointed by the Governor;	124313

(8) Two members of the public appointed by the Governor.

124314

(C) The Governor shall select a Task Force Chairperson and	124315
Vice-Chairperson from among its members. The Chairperson may	124316
appoint a Secretary. Task Force members shall serve without	124317
compensation. Vacancies shall be filled in the same manner as	124318
appointments. A majority of the members shall constitute a quorum.	124319

(D) The Task Force shall hold its inaugural meeting not later	124320
than ninety days after the effective date of this section. The	124321
Task Force shall meet at least once a month, either in person or	124322
utilizing telecommunication conferencing technology, until it	124323
completes the report required by this section.	124324

(E) Not later than ten months after the effective date of	124325
this section, the Task Force shall deliver a report to the Speaker	124326
of the House of Representatives, the President of the Senate, and	124327
the Governor. The Task Force shall coordinate with the Ohio 9-1-1	124328
Council and the Wireless 9-1-1 Advisory Board in preparing the	124329
report. The report shall consist of the following:	124330

(1) An overview of the current state and local funding for	124331
9-1-1 systems in Ohio and any existing modernization programs;	124332

(2) Information regarding differences in funding for the	124333
access of 9-1-1 systems in Ohio by persons using traditional	124334
wireline service as defined in section 4931.40 of the Revised	124335
Code, wireless telephone service, Voice over Internet Protocol	124336
technology, and any other major emerging telephone technology in	124337
common use, and an assessment of the parity of such funding;	124338

(3) A summary of reviewed federal initiatives related to	124339
9-1-1 system funding and modernization;	124340

(4) A detailed analysis of the use of the funds disbursed by	124341
the state from the wireless 9-1-1 charge imposed pursuant to Am.	124342
Sub. H.B. 361 of the 125th General Assembly;	124343

(5) A detailed technical analysis of the current 9-1-1	124344
services available in each county in Ohio, including the viability	124345
of consolidating adjacent 9-1-1 systems;	124346

(6) An analysis of the best practices of other states in	124347
9-1-1 system funding and modernization;	124348

(7) Detailed recommendations for future state and local	124349
funding to achieve parity among technologies used to access 9-1-1	124350
services and to provide, throughout Ohio, adequate infrastructure	124351
and personnel for the full implementation and operation of Phase	124352
II enhanced 9-1-1 service in accordance with 47 C.F.R. 20.18.	124353

(F) The Task Force shall cease to exist after delivering the	124354
report as required by this section.	124355

Section 751.10. MEDICAID COMMUNITY BEHAVIORAL HEALTH	124356
ELEVATION AND ADMINISTRATION ADVISORY GROUP	124357

(A) As used in this section:

124358

(1) "ADAMHS board" means all of the following:

124359

(a) Boards of alcohol, drug addiction, and mental health	124360
services;	124361

(b) Alcohol and drug addiction services boards;

124362

124363

(2) "Community behavioral health services" means both of the	124364
following:	124365

(a) Community mental health services certified by the	124366
Director of Mental Health under section 5119.611 of the Revised	124367
Code;	124368

(b) Services provided by an alcohol and drug addiction	124369
program certified by the Department of Alcohol and Drug Addiction	124370
Services under section 3793.06 of the Revised Code.	124371

(B) There is hereby created the Medicaid Community Behavioral	124372
Health Elevation and Administration Advisory Group. The Group	124373
shall consist of all of the following:	124374

(1) The Director of Mental Health or the Director's designee;

124375

(2) The Director of Alcohol and Drug Addiction Services or	124376
the Director's designee;	124377

(3) The Director of Job and Family Services or the Director's	124378
designee;	124379

(4) Subject to division (C) of this section, representatives	124380
of ADAMHS boards appointed by the co-chairpersons of the Group;	124381

(5) Subject to division (C) of this section, representatives	124382
of providers of community behavioral health services appointed by	124383
the co-chairpersons of the Group;	124384

(6) Subject to division (C) of this section, consumers of	124385
community behavioral health services and advocates of such	124386
consumers appointed by the co-chairpersons of the Group;	124387

(7) The following state policy makers:

124388

(a) At the option of the Speaker of the House of	124389
Representatives, up to two members of the House of Representatives	124390
from different political parties appointed by the Speaker;	124391

(b) At the option of the Senate President, up to two members	124392
of the Senate from different political parties appointed by the	124393
Senate President;	124394

(c) Other state policy makers deemed necessary and appointed	124395
by the co-chairpersons of the Group.	124396

(C) The Directors of Mental Health and Alcohol and Drug	124397
Addiction Services, or their designees, shall serve as	124398
co-chairpersons of the Medicaid Community Behavioral Health	124399
Elevation and Administration Advisory Group. The co-chairpersons	124400
shall determine the number of persons to be appointed under	124401
divisions (B)(4), (5), (6), and (7)(c) of this section. The	124402
co-chairpersons shall appoint the same number of persons under	124403
divisions (B)(4), (5), and (6) of this section so as to ensure	124404
balanced representation by the ADAMHS boards, providers, and	124405
consumers and consumer advocates. In making appointments under	124406
divisions (B)(4), (5), and (6) of this section, the	124407
co-chairpersons shall accept nominations from all of the	124408
following:	124409

(1) The Ohio Association of County Behavioral Health	124410
Authorities;	124411

(2) The National Alliance on Mental Illness Ohio;

124412

(3) The Ohio Council of Behavioral Health and Family Services	124413
Providers;	124414

(4) The Ohio Association of Child Caring Agencies;

124415

(5) The Ohio Citizens Advocates for Chemical Dependency	124416
Prevention and Treatment;	124417

(6) The Ohio Alliance for Recovery Providers;

124418

(7) The Ohio Federation for Children's Mental Health;

124419

(8) Other organizations that represent the interests of	124420
ADAMHS boards, providers, and consumers and consumer advocates.	124421

(D) Members of the Medicaid Community Behavioral Health	124422
Elevation and Administration Advisory Group shall serve without	124423
compensation, except to the extent that serving on the Group is	124424
considered part of their regular employment duties. The	124425
Departments of Mental Health and Alcohol and Drug Addiction	124426
Services jointly may reimburse members of the Group for their	124427
reasonable travel expenses.	124428

(E) The Medicaid Community Behavioral Health Elevation and	124429
Administration Advisory Group shall study the statewide	124430
administration and management of Medicaid-covered community	124431
behavioral health services. Not later than June 30, 2010, the	124432
Group shall submit a report regarding its study to the Governor	124433
and, in accordance with section 101.68 of the Revised Code, the	124434
General Assembly. The report shall include all of the following:	124435

(1) A plan for the uniform and statewide administration and	124436
management of Medicaid-covered community behavioral health	124437
services in accordance with federal requirements, including the	124438
applicable federal requirements of 42 C.F.R. Parts 431 and 433;	124439

(2) A fiscal analysis of the impact that any changes to the	124440
system of paying providers of Medicaid-covered community	124441
behavioral health services and related management functions would	124442
have on the Departments of Mental Health and Alcohol and Drug	124443
Addiction Services and ADAMHS boards. The fiscal analysis shall	124444
include an examination of funding options for any such changes	124445
and focus on creating the most efficient and effective payment	124446
system possible.	124447

(3) Recommendations for increasing efficiencies related to	124448
all of the following:	124449

(a) Submission of Medicaid claims for community behavioral	124450
health services;	124451

(b) The processing and payment of Medicaid claims for	124452
community behavorial health services;	124453

(c) Exchange of information regarding Medicaid-covered	124454
community behavioral health services and non-Medicaid-covered	124455
community behavioral health services.	124456

(4) Recommendations for system changes needed to implement	124457
the statewide administration and management of the	124458
Medicaid-covered community behavioral health services. Such	124459
recommendations shall focus on increasing efficiencies,	124460
transparency, and accountability in order to improve the	124461
delivery of community behavioral health services.	124462

(F) The Medicaid Community Behavioral Health Elevation and	124463
Administration Advisory Group shall cease to exist on submission	124464
of its report.	124465

(G)(1) Subject to division (G)(2) of this section and not	124466
later than July 1, 2011, the Departments of Mental Health and	124467
Alcohol and Drug Addiction Services shall implement changes to	124468
the administration and management of Medicaid-covered community	124469
behavioral health services in a manner that is uniform,	124470
statewide, and consistent with federal requirements. The changes	124471
shall include changes to the system of paying providers of	124472
Medicaid-covered community behavioral health services. In	124473
implementing the changes, the Departments may adopt, in whole or	124474
in part, the recommendations included in the Medicaid Community	124475
Behavioral Health Elevation and Administration Advisory Group's	124476
report. The Departments shall implement the changes under the	124477
supervision of the Department of Job and Family Services.	124478

(2) The Departments' implementation of changes to the	124479
administration of Medicaid-covered community behavioral health	124480
services under division (G)(1) of this section is subject to	124481
enactment or adoption of changes in state law, including state law	124482
regarding funding, that otherwise would conflict with the	124483
Departments' implementation of the changes. The Departments may	124484
take actions as part of the implementation of the changes as are	124485
consistent with state law.	124486

Section 751.13. STUDY REGARDING AMOUNT, DURATION, AND SCOPE	124487
OF COMMUNITY BEHAVIORAL HEALTH SERVICES	124488

(A) The Directors of Alcohol and Drug Addiction Services,	124489
Mental Health, and Job and Family Services shall convene a group	124490
consisting of representatives of all of the following:	124491

(1) Their departments;

124492

(2) Boards of alcohol, drug addiction, and mental health	124493
services; community mental health boards; and alcohol and drug	124494
addiction services boards;	124495

(3) Providers of community behavioral health services;

124496

(4) Consumers of community behavioral health services and	124497
advocates of such consumers.	124498

(B) Members of the group convened under this section shall	124499
serve without compensation, except to the extent that serving on	124500
the group is considered part of their regular employment duties.	124501

The group shall develop recommendations regarding the amount,	124502
duration, and scope of publicly funded community behavioral health	124503
services that should be available through Ohio's community	124504
behavioral health system, including recommendations regarding the	124505
conditions under which the services should be available. The group	124506
shall prepare a report with its recommendations. The group shall	124507
submit the report to the Governor and, in accordance with section	124508
101.68 of the Revised Code, the General Assembly not later than	124509
June 30, 2011. The group shall cease to exist on submission of the	124510
report.	124511

Section 751.20. SERVICE COORDINATION WORKGROUP

124512

(A) There is hereby created the Service Coordination	124513
Workgroup. The Workgroup shall consist of a representative of each	124514
of the following:	124515

(1) The Office of the Governor, appointed by the Governor;

124516

(2) The Department of Alcohol and Drug Addiction Services,	124517
appointed by the Director of Alcohol and Drug Addiction Services;	124518

(3) The Department of Education, appointed by the	124519
Superintendent of Public Instruction;	124520

(4) The Department of Health, appointed by the Director of	124521
Health;	124522

(5) The Department of Job and Family Services, appointed by	124523
the Director of Job and Family Services;	124524

(6) The Department of Mental Health, appointed by the	124525
Director of Mental Health;	124526

(7) The Department of Mental Retardation and Developmental	124527
Disabilities, appointed by the Director of Mental Retardation and	124528
Developmental Disabilities;	124529

(8) The Department of Youth Services, appointed by the	124530
Director of Youth Services;	124531

(9) The Office of Budget and Management, appointed by the	124532
Director of Budget and Management;	124533

(10) The Family and Children First Cabinet Council, appointed	124534
by the chairperson of the Council.	124535

(B) The representative of the Office of the Governor shall	124536
serve as chairperson of the Workgroup.	124537

(C) Members of the Workgroup shall serve without	124538
compensation, except to the extent that serving on the Workgroup	124539
is considered part of their regular employment duties.	124540

(D) The Workgroup shall develop procedures for coordinating	124541
services that the entities represented on the Workgroup provide to	124542
individuals under age twenty-one and the families of those	124543
individuals. In developing the procedures, the Workgroup shall	124544
focus on maximizing resources, reducing unnecessary costs,	124545
removing barriers to effective and efficient service coordination,	124546
eliminating duplicate services, prioritizing high risk	124547
populations, and any other matters the Workgroup considers	124548
relevant to service coordination. Not later than July 31, 2009,	124549
the Workgroup shall submit a report to the Governor with	124550
recommendations for implementing the procedures.	124551

(E) On receipt of the Governor's approval of the Workgroup's	124552
report, the Director of Budget and Management may seek Controlling	124553
Board approval to transfer cash between funds and appropriations	124554
between appropriation items as necessary to implement the	124555
Workgroup's recommendations. The transferred cash is hereby	124556
appropriated.	124557

(F) The Workgroup shall cease to exist June 30, 2011.

124558

Section 751.30. PROMPT PAYMENT POLICY WORKGROUP

124559

(A) There is hereby created the Prompt Payment Policy	124560
Workgroup. The Workgroup shall consist of the following members:	124561

(1) One representative of the Office of Budget and	124562
Management, appointed by the Director of Budget and Management;	124563

(2) Three representatives of the Department of Insurance,	124564
appointed by the Superintendent of Insurance;	124565

(3) Four representatives of the Office of Ohio Health Plans	124566
in the Department of Job and Family Services, appointed by the	124567
Director of Job and Family Services;	124568

(4) Two representatives of Ohio's Medicaid managed care	124569
plans, appointed by the Executive Director of Ohio's Care	124570
Coordination Plans;	124571

(5) Two representatives from the community of provider	124572
associations, one appointed by the Speaker of the House of	124573
Representatives and one appointed by the President of the Senate;	124574

(6) Two members of the Ohio House of Representatives, one	124575
appointed by the Speaker of the House of Representatives and one	124576
appointed by the Minority Leader;	124577

(7) Two members of the Ohio Senate, one appointed by the	124578
President of the Senate and one appointed by the Minority Leader.	124579

(B) The Director of the Department of Job and Family	124580
Services, or the Director's designee, shall serve as chairperson	124581
of the Workgroup.	124582

(C) Members of the Workgroup shall serve without	124583
compensation, except to the extent that serving on the Workgroup	124584
is considered part of the members' regular employment duties.	124585

(D) The Workgroup shall do all of the following:

124586

(1) Recommend one set of regulations to govern prompt payment	124587
policies for Medicaid managed care plans;	124588

(2) Research and analyze prompt payment policies related to	124589
aged medical claims within the health insurance industry and the	124590
Medicaid program;	124591

(3) Review general payment rules, payment policies related to	124592
electronic and paper claims, definitions of clean and unclean	124593
claims, late payment penalties, auditing requirements, and any	124594
other issues related to Medicaid prompt payment policy identified	124595
by the Workgroup;	124596

(4) Review statistical data on the compliance rates of	124597
current policies.	124598

(E) Not later than February 1, 2010, the Workgroup shall	124599
submit a report to the Governor and the majority and minority	124600
leadership in both Houses of the Ohio General Assembly. The report	124601
shall contain prompt payment policy recommendations for Ohio's	124602
Medicaid program.	124603

(F) The Workgroup shall cease to exist February 28, 2010.

124604

Section 751.40. The Director of Natural Resources shall	124605
enter into a memorandum of understanding with Farmers and Hunters	124606
Feeding the Hungry. The memorandum shall prescribe a method by	124607
which, during the period from July 1, 2009, through June 30, 2011,	124608
Farmers and Hunters Feeding the Hungry may donate venison to	124609
Ohio's food banks. The memorandum also shall prescribe methods	124610
that encourage private persons to make matching donations in money	124611
or food to Ohio's food banks that are equal or greater in value to	124612
the venison that is donated by the Farmers and Hunters Feeding the	124613
Hungry.	124614

Section 753.10. (A) The Director of Natural Resources shall	124615
enter into a memorandum of understanding with the Southeastern	124616
Ohio Port Authority to develop the future use of the property that	124617
formerly comprised the Marietta State Nursery. The memorandum	124618
shall provide for all of the following:	124619

(1) Sale of the property for highest and best use;

124620

(2) Sale and usage of the property that is compatible with	124621
neighboring properties;	124622

(3) Maximum financial return for the Department of Natural	124623
Resources;	124624

(4) Expeditious sale of parcels of the property.

124625

(B) The memorandum shall require contracted professional	124626
engineering services to provide both of the following:	124627

(1) A phase 1 environmental site assessment;

124628

(2) A master plan for property development, including all of	124629
the following:	124630

(a) An inventory of site features and assets;

124631

(b) Collection of public input through a meeting and comment	124632
period;	124633

(c) Identification of site usage areas such as commercial,	124634
light industrial, residential, recreational use, or green space	124635
use;	124636

(d) Lot lines and parcel sizes in concept;

124637

(e) Means of ingress and egress from State Route 7 and	124638
interior site access that are delineated in concept, including	124639
possible eastern access to the site with a rough calculation of	124640
cut and fill required for the construction of roads;	124641

(f) Identification of utility services, locations, and	124642
capacities;	124643

(g) Plans for compliance with subdivision regulations;

124644

(h) Recommendations for possible deed restrictions;

124645

(i) An evaluation of permits that must be obtained and other	124646
regulatory requirements that must be satisfied for purposes of the	124647
development of the property;	124648

(j) Any necessary maps.

124649

(C) The memorandum shall require the Southeastern Ohio Port	124650
Authority to do all of the following:	124651

(1) Manage the formulation of the master plan;

124652

(2) Create a master plan brochure and sales brochures;

124653

(3) Market the property by mail, signage, and the web sites	124654
www.pioneerspirit.us and www.Ohiosites.com;	124655

(4) Respond to sales leads;

124656

(5) Screen inquiries regarding the property;

124657

(6) Negotiate sales based on pricing guidelines established	124658
by the Department of Natural Resources;	124659

(7) Present qualified purchase offers to the Department.

124660

(D) The memorandum shall specify that the Department of	124661
Natural Resources owns the property, that it may sell the property	124662
in lots to the Port Authority, and that the Port Authority then	124663
may sell the lots to individual private buyers.	124664

(E) The memorandum shall specify that the Department of	124665
Natural Resources is responsible for paying for the environmental,	124666
engineering, graphic design, signage, and printing costs as	124667
invoices for those costs are received. The Department and the Port	124668
Authority shall agree to a cap for each of those invoices. In	124669
addition, the memorandum shall specify that as parcels of the	124670
property are transferred to private buyers, the Port Authority	124671
retains five per cent of the sale price of each parcel as a fee	124672
for services provided by the Port Authority.	124673

Section 753.20. (A) The Governor is authorized to execute a	124674
Governor's Deed in the name of the state conveying to the Dayton	124675
Public School District/Dayton Board of Education, ("grantee"), and	124676
its successors and assigns, all of the state's right, title, and	124677
interest in the following described real estate:	124678

STATE OF OHIO TO BOARD OF EDUCATION 45.3599 Acres

124679

Situated in Section 26, Township 2, Range 7 of the Miami	124680
River Survey, the City of Dayton, the County of Montgomery, the	124681
State of Ohio, being a 2.2361 acre portion of a 15 acres 30 rods	124682
tract conveyed to the State of Ohio as recorded in Deed Book U-2,	124683
Page 40, and being a 22.5673 acre portion of a 24.36 acre tract of	124684
land conveyed to the Trustees of the Southern Ohio Lunatic Asylum	124685
as recorded in Deed Book N-3, Page 233, being an 4.6813 acre	124686
portion of a 21.25 acre tract of land conveyed to the State of	124687
Ohio as recorded in Deed Book 169, Page 583, and being an 8.6742	124688
acre portion of a 33.5 acre tract as conveyed to the State of Ohio	124689
as recorded in Deed Book 169, Page 585, being an 7.2010 acre	124690
portion of a 10.544 acre tract of land as conveyed to the State of	124691
Ohio as recorded in Deed Book 138, Page 125 and being a portion of	124692
City of Dayton Lot Number 61376 and all of Lot Number 61377 of the	124693
revised and consecutive numbers of lots on the plat of the City of	124694
Dayton and more particularly bounded and described as follows:	124695

Beginning at a capped 5/8" Iron Pin found stamped "Woolpert"	124696
at the Southeast corner of a 2.881 acre tract being Parcel 2 of	124697
the Wilmington Woods Plat as recorded in Plat Book 134, Page 3A,	124698
said point also being the northeast corner of an 8.338 acre tract	124699
of land conveyed to the Barry K. Humphries as recorded in	124700
Microfiche 01-O590A04 and the TRUE POINT OF BEGINNING;	124701

Thence with the east line of said 2.881 acre tract being	124702
Parcel 2 and the West line of a 24.36 acre tract of land conveyed	124703
to the Trustees of the Southern Ohio Lunatic Asylum as recorded in	124704
Deed Book N-3, Page 233, North 00°32' 15" East a distance of	124705
459.39 feet to a RR Spike set in the centerline of Wayne Avenue,	124706
passing a 5/8 inch iron pin set at the northeast corner of said	124707
2.881 acre tract and the south right of way of Wayne Avenue at	124708
429.39 feet;	124709

Thence with the centerline of Wayne Ave and the north lines	124710
of said 24.36 acre tract and said 21.25 acre tract, South	124711
89º18'28" East a distance of 790.80 feet to a RR spike set at the	124712
northwest comer of a 1.056 acre tract of land conveyed to the City	124713
of Dayton as recorded in M.F. No. 90-424 EO9;	124714

Thence with the west line of said 1.056 acre tract and the	124715
east line of said 21.25 acre tract, South 01º17'05" West a	124716
distance of 230.89 feet to a 5/8 inch iron pin stamped "Riancho",	124717
passing a 5/8 inch iron set at the south right of way of Wayne	124718
Avenue at 30.00 feet;	124719

Thence with the south line of said 1.056 acre tract and the	124720
south line of a 1.056 acre tract of land conveyed to the City of	124721
Dayton as recorded in M.F. No. 78-725 B08, South 89º27' 55" East a	124722
distance of 400.00 feet to a found 5/8" iron pin and passing a 5/8	124723
inch iron pin found stamped "Riancho" at 200.00 feet;	124724

Thence with the east line of said 1.056 acre tract and the	124725
west line of said 33.5 acre tract as conveyed to the State of Ohio	124726
as recorded in Deed Book 169 Page 585, North 1°17'05" East a	124727
distance of 229.79 feet to a RR spike set, passing a 5/8 inch iron	124728
pin set at the south right of way of Wayne Avenue at 199.79 feet;	124729

Thence with the centerline of Wayne Avenue and the north line	124730
of said 33.5 acre tract, South 89º18'28" East a distance of 270.78	124731
feet to a RR spike set at the Intersection of the centerlines of	124732
Waterveliet Avenue and Wayne Avenue;	124733

Thence with the centerline of Waterveliet Avenue and with the	124734
northerly line of said 33.5 acre tract, South 55º21'16" East a	124735
distance of 231.10 feet to a RR spike set;	124736

Thence with the east line of said 33.5 acre tract and the	124737
west line of a 13.00 acre tract conveyed to the Board of Education	124738
of the Dayton City School District as recorded in Deed Book 1522,	124739
Page 341, South 00º48' 28" West a distance of 709.51 feet to a 5/8	124740
inch iron pin set;	124741

Thence with a new division line, North 89º11'12" West, a	124742
distance of 468.08 feet to a 5/8 inch iron pin set, in the west	124743
line of said 33.5 acre tract and the east line of said 21.25 acre	124744
tract, to a 5/8 inch iron pin set;	124745

Thence with the west line of said 33.5 acre tract and the	124746
east line of said 21.25 acre tract, North 01°07'55" East a	124747
distance of 141.74 feet to a 5/8 inch iron pin set;	124748

Thence with a new division line, North 89°15'53" West,	124749
passing the west line of said 21.25 acre tract and the east line	124750
of said 24.36 acre tract conveyed to The Trustees of the Southern	124751
Ohio Lunatic Asylum as recorded in Deed Book N~3, Page 233 at a	124752
distance of 425.35 feet, for a total distance of 507.35 feet to a	124753
5/8 inch iron pin set;	124754

Thence with a new division line South 01°07'00" West passing	124755
the south line of 24.36 acre tract conveyed to The Trustees of the	124756
Southern Ohio Lunatic Asylum as recorded in Deed Book N-3, Page	124757
233 and the north line of said 10.544 acre tract at a distance of	124758
627.92 feet, for a total distance of 1,013.05 feet to a 5/8 inch	124759
iron pin set in the south line of said 10.544 acre tract;	124760

Thence with the south line of said 10.544 acre tract and the	124761
north line a 20.3 acre tract conveyed to the State of Ohio	124762
Department of Public Works for the use of the Department of Public	124763
Welfare, Dayton State Hospital as recorded in Deed Book 1326, Page	124764
247, North 88°52'07" West a distance of 808.89 feet to a 5/8 inch	124765
iron pin set in the east line of a 11.579 acre tract of land	124766
conveyed to the Hospice of Dayton as recorded in Microfiche	124767
94-0448C08;	124768

Thence with the east line of said 11.579 acre tract of land,	124769
the east line of said 8.338 acre tract as conveyed to Barry K.	124770
Humphries as recorded in M.F. number 01-0590 A04, the west line of	124771
said 10.544 acre tract, and the west line of said 2.36 acre tract,	124772
North 03°24 '08" West a distance of 956.68 feet to a 5/8 inch iron	124773
pin set;	124774

Thence with an easterly line of said 8.338 acre tract, the	124775
westerly line of said 24.36 acre tract, and the north line of said	124776
2.36 acre tract, North 49º49'38" East a distance of 275.99 feet to	124777
a capped 5/8 inch Iron Pin found stamped "LJB";	124778

Thence with the east line of said 8.338 acre tract and the	124779
west line of a 24.36 acre tract, North 00°32'15" East a distance	124780
of 108.09 feet to a capped 5/8" Iron Pin stamped "Woolpert" and	124781
the TRUE POINT OF BEGINNING, containing 45.3599 acres more or	124782
less. Subject to all easements, agreements and right of ways of	124783
record.	124784

The basis of bearings for this description is the easterly	124785
line of Parcel 2, South 00°32'15 West, as recorded in the	124786
Wilmington Woods Plat as recorded in Plat Book 134, Page 3A;	124787

All iron pins set in the above boundary description are 5/8"	124788
(O.D.) 30" long with a plastic cap stamped "LJB"	124789

(B)(1) Consideration for conveyance of the real estate	124790
described in division (A) of this section is the transfer to the	124791
state at no cost of 8.9874 acres adjacent to the remaining Twin	124792
Valley Behavioral Healthcare/Dayton Campus, subject to the	124793
following conditions:	124794

(a) Within one hundred eighty days after conveyance of the	124795
real estate described in division (A) of this section, grantee at	124796
its own cost shall complete construction of a new western	124797
extension off of Mapleview Avenue to provide a new entrance	124798
roadway to the remaining Twin Valley Behavioral Healthcare/Dayton	124799
Campus and provide an easement to the state for full utilization	124800
of the roadway for the benefit of the remaining Twin Valley	124801
Behavioral Healthcare/Dayton Campus until the property described	124802
in division (B)(1) of this section is transferred to the state.	124803

(b) Within three hundred forty days after the occupancy of	124804
the New Belmont High School, grantee shall demolish and	124805
environmentally restore the 8.9874 acres being transferred to the	124806
state.	124807

(2) In lieu of the transfer of the 8.9874 acres, if the	124808
Director of Mental Health determines that the grantee has	124809
insufficiently performed its construction, demolition, and	124810
environmental restoration obligations specified in division (B)(1)	124811
of this section, the grantee, as consideration, shall pay a	124812
purchase price of $1,175,000.00 to the state, which is the	124813
appraised value of the 45.3599 acres described in division (A) of	124814
the section less the cost of demolition, site, and utility work.	124815

(C) The real estate described in division (A) of this section	124816
shall be conveyed as an entire tract and not in parcels.	124817

(D) Upon transfer of the 8.9874 acres to the state or payment	124818
of the purchase price, the Auditor of State, with the assistance	124819
of the Attorney General, shall prepare a deed to the real estate	124820
described in division (A) of this section. The deed shall state	124821
the consideration and shall be executed by the Governor in the	124822
name of the state, countersigned by the Secretary of State, sealed	124823
with the Great Seal of the State, presented in the Office of the	124824
Auditor of State for recording, and delivered to the grantee. The	124825
grantee shall present the deed for recording in the Office of the	124826
Montgomery County Recorder.	124827

(E) The grantee shall pay all costs associated with	124828
conveyance of the real estate described in division (A) of this	124829
section, including recordation costs of the deed.	124830

(F) If the payment of $1,175,000.00 is made in lieu of the	124831
transfer of the 8.9874 acres to the state, the proceeds of the	124832
conveyance of the real estate described in division (A) of this	124833
section shall be deposited into the state treasury to the credit	124834
of the Department of Mental Health Trust Fund created by section	124835
5119.18 of the Revised Code and the easement described in division	124836
(B)(1)(a) of this section shall become a permanent easement.	124837

(G) The grantee shall not, during any period that any bonds	124838
issued by the state to finance or refinance all or a portion of	124839
the real estate described in division (A) of this section are	124840
outstanding, use any portion of the real estate for a private	124841
business use without the prior written consent of the state.	124842

As used in this division:

124843

"Private business use" means use, directly or indirectly, in	124844
a trade or business carried on by any private person other than	124845
use as a member of, and on the same basis as, the general public.	124846
Any activity carried on by a private person who is not a natural	124847
person shall be presumed to be a trade or business.	124848

"Private person" means any natural person or any artificial	124849
person, including a corporation, partnership, limited liability	124850
company, trust, or other entity and including the United States or	124851
any agency or instrumentality of the United States, but excluding	124852
any state, territory, or possession of the United States, the	124853
District of Columbia, or any political subdivision thereof that is	124854
referred to as a "State or local governmental unit" in Treasury	124855
Regulation § 1.103-1(a) and any person that is acting solely and	124856
directly as an officer or employee of or on behalf of any such	124857
governmental unit.	124858

(H) This section expires two years after its effective date.

124859

Section 757.10. (A) This section is intended as remedial	124860
legislation authorizing the exemption of airport property for	124861
which a port authority applied for tax exemption, but was denied	124862
because the applicant was a lessee and not the owner of the	124863
property, as required under section 5715.27 of the Revised Code as	124864
that section existed before its amendment by Sub. H.B. 160 of the	124865
127th General Assembly.	124866

(B) As used in this section:

124867

(1) "Eligible year" means any year for which taxes,	124868
penalties, and interest could have been remitted or abated, and	124869
the property placed on the exempt tax list, under a previous	124870
application for exemption if the application had not been	124871
dismissed as provided under division (A) of this section.	124872

(2) "Qualified property" means real property owned by a	124873
subdivision of this state, leased to a port authority created	124874
under Chapter 4582. of the Revised Code, and used as an airport,	124875
and that currently qualifies for exemption from taxation under any	124876
section of the Revised Code, but for which the application for	124877
exemption for an eligible year was dismissed by the Tax	124878
Commissioner as provided in division (A) of this section.	124879

(3) "Subdivision," "taxing authority," and "taxing unit" have	124880
the same meanings as in section 5705.01 of the Revised Code.	124881

(C) Notwithstanding section 5713.081 of the Revised Code, if	124882
an application for exemption from and abatement or remission of	124883
property taxes for qualified property was dismissed because of	124884
failure to comply with Chapter 5713., or section 5715.27 of the	124885
Revised Code as that section existed before its amendment by Sub.	124886
H.B. 160 of the 127th General Assembly, the current owner of	124887
qualified property, on or before January 1, 2010, may file with	124888
the Tax Commissioner an application requesting that the property	124889
be placed on the exempt tax list and that all paid or unpaid	124890
taxes, penalties, and interest on the property be abated or	124891
remitted, as appropriate, for each eligible year. The application	124892
shall be filed on the form prescribed by the Commissioner under	124893
section 5715.27 of the Revised Code. The owner shall include with	124894
the application a copy of the Commissioner's final determination	124895
dismissing the previous application and the certificate issued by	124896
the county treasurer under division (F) of this section. Failure	124897
to include the Commissioner's final determination that dismissed	124898
the previous application for exemption or the treasurer's	124899
certificate shall result in dismissal of the application filed	124900
under this section.	124901

(D) Upon receiving an application under this section, the Tax	124902
Commissioner shall determine if the applicant and the applicant's	124903
property satisfy the requirements for exemption, abatement, and	124904
remission under this section. If the requirements are satisfied,	124905
the Commissioner shall issue an order directing the auditor to	124906
place the property on the exempt tax list of the county and	124907
ordering that all paid or unpaid taxes, penalties, and interest be	124908
abated or remitted for every eligible year the property was	124909
qualified property. If the Commissioner determines that the	124910
property does not satisfy the requirements for exemption for one	124911
or more years, the Commissioner shall deny the application for	124912
those years and certify the finding to the county treasurer of the	124913
county in which the property is located for collection of all	124914
taxes, penalties, and interest and distribution thereof to the	124915
appropriate subdivisions. Tax payments for eligible years shall	124916
not be considered unpaid taxes for purposes of establishing	124917
jurisdiction to consider an application under this section.	124918

(E) The county auditor shall notify the county treasurer that	124919
any tax payments for eligible years that have not been distributed	124920
shall be held in a special fund pending a decision by the Tax	124921
Commissioner on an application filed under this section. No	124922
subdivision or other taxing unit is entitled to advance payment of	124923
such amounts under section 321.34 of the Revised Code. After the	124924
Commissioner issues a decision, the county auditor shall either	124925
remit the taxes, penalties, and interest to the applicant if the	124926
application is approved or distribute the taxes, penalties, and	124927
interest to the proper taxing authorities if the application for	124928
exemption is denied.	124929

(F) Upon request by the applicant, the county treasurer shall	124930
determine whether all taxes, penalties, and interest that were	124931
levied for all tax years that are not eligible years and whether	124932
all special assessments charged against the property have been	124933
paid in full. If so, the treasurer shall issue a certificate to	124934
the applicant stating that all such amounts have been paid, or, if	124935
not, the certificate shall list the tax years for which such	124936
taxes, penalties, interest, and special assessments remain unpaid.	124937

Section 759.10. Notwithstanding division (B)(1) of section	124938
5919.34 of the Revised Code, the number of participants in the	124939
Ohio National Guard Scholarship Program for the summer term	124940
occurring in the year 2009 shall be limited to the equivalent of	124941
one thousand full-time participants.	124942

Section 761.10. A wild, scenic, or recreational river area	124943
that was declared as such by the Director of Natural Resources	124944
under Chapter 1517. of the Revised Code prior to the effective	124945
date of this section shall retain its declaration as a wild,	124946
scenic, or recreational river area for purposes of sections	124947
1547.81 to 1547.84 of the Revised Code, as amended by this act.	124948
In addition, an advisory council for a wild, scenic, or	124949
recreational river area that was appointed by the Director under	124950
Chapter 1517. of the Revised Code prior to the effective date of	124951
this section shall continue to be the advisory council for the	124952
applicable wild, scenic, or recreational river area for purposes	124953
of sections 1547.81 to 1547.84 of the Revised Code, as amended by	124954
this act.	124955

Section 803.10. Section 1751.14 of the Revised Code, as	124956
amended by this act, shall apply only to policies, contracts,	124957
and agreements that are delivered, issued for delivery, or	124958
renewed in this state on or after July 1, 2010; section 3923.24	124959
of the Revised Code, as amended by this act, shall apply only to	124960
policies of sickness and accident insurance and plans of health	124961
coverage that are established or modified in this state on or	124962
after July 1, 2010; and section 3923.241, as enacted by this	124963
act, shall apply only to public employee health plans	124964
established or modified in this state on or after July 1, 2010.	124965

Section 803.12. Sections 1739.05, 1751.68, and 3923.84 of	124966
the Revised Code as amended or enacted by this act shall apply	124967
only to policies, contracts, agreements, or plans that are	124968
delivered, issued for delivery, or renewed in this state on or	124969
after six months after the effective date of this section.	124970

Section 803.20. Sections 718.04 and 5747.01 of the Revised	124971
Code, as amended by this act, first apply to taxable years	124972
beginning on or after January 1, 2010.	124973

Section 5747.113 of the Revised Code, as amended by this	124974
act, first applies to taxable years beginning on or after January	124975
1, 2009.	124976

Section 803.30. In anticipation of the amendments to section	124977
124.134 of the Revised Code taking effect on August 30, 2009, the	124978
Director of Administrative Services shall determine an additional,	124979
prorated amount of vacation leave for employees who are in their	124980
fourth, ninth, fourteenth, nineteenth, or twenty-fourth year of	124981
service to receive as a result of the transition occurring on that	124982
date. The additional, prorated amount shall be such that the	124983
affected employees are not harmed as a result of the transition,	124984
and shall be added to the vacation leave balances of the affected	124985
employees on August 30, 2009.	124986

Section 806.10. The items of law contained in this act, and	124987
their applications, are severable. If any item of law contained in	124988
this act, or if any application of any item of law contained in	124989
this act, is held invalid, the invalidity does not affect other	124990
items of law contained in this act and their applications that	124991
can be given effect without the invalid item of law or	124992
application.	124993

Section 809.10. An item of law, other than an amending,	124994
enacting, or repealing clause, that composes the whole or part of	124995
an uncodified section contained in this act has no effect after	124996
June 30, 2011, unless its context clearly indicates otherwise.	124997

Section 812.10. Except as otherwise provided in this act,	124998
the amendment, enactment, or repeal by this act of a section is	124999
subject to the referendum under Ohio Constitution, Article II,	125000
Section 1c and therefore takes effect on the ninety-first day	125001
after this act is filed with the Secretary of State or, if a later	125002
effective date is specified below, on that date.	125003

The amendments by this act to sections 3733.02 and 4781.06	125004
of the Revised Code take effect January 1, 2010.	125005

The amendment, enactment, or repeal by this act of sections	125006
4505.20, 4517.01, 4517.02, 4517.03, 4517.052, 4517.27, 4517.30,	125007
4517.33, 4517.43, 4781.02, 4781.04, 4781.05, 4781.16, 4781.17,	125008
4781.18, 4781.19, 4781.20, 4781.21, 4781.22, 4781.23, 4781.24,	125009
4781.25, and 4781.99 of the Revised Code takes effect July 1,	125010
2010.	125011

The enactment of sections 122.12 and 122.121 of the Revised	125012
Code takes effect July 1, 2011.	125013

The amendment or enactment of sections 1739.05, 1751.14,	125014
3923.24, 3923.241, 5743.15, 5743.61, and 5747.01 of the Revised	125015
Code takes effect January 1, 2010.	125016

The enactment of section 3903.77 of the Revised Code takes	125017
effect one year after the effective date specified in the first	125018
paragraph of this section.	125019

The enactment of section 4113.11 of the Revised Code takes	125020
effect January 1, 2011.	125021

Sections 803.10 and 803.20 of this act take effect January 1,	125022
2010.	125023

Section 812.20. The amendment, enactment, or repeal by this	125024
act of the sections listed below is exempt from the referendum	125025
because it is or relates to an appropriation for current expenses	125026
within the meaning of Ohio Constitution, Article II, Section 1d	125027
and section 1.471 of the Revised Code, or defines a tax levy	125028
within the meaning of Ohio Constitution, Article II, Section 1d,	125029
and therefore takes effect immediately when this act becomes law	125030
or, if a later effective date is specified below, on that date.	125031

Sections 117.54, 121.40, 121.401, 121.402, 124.03, 124.15,	125032
124.152, 124.18, 124.183, 124.34, 124.381, 124.382, 124.385,	125033
124.386, 124.392, 124.821, 124.822, 124.86, 126.05, 131.33,	125034
145.298, 307.79, 319.301, 319.302, 319.54, 321.24, 323.156,	125035
504.21, 901.20, 901.91, 903.082, 903.11, 903.25, 905.32, 905.33,	125036
905.331, 905.36, 905.38, 905.381, 905.50, 905.51, 905.52, 905.56,	125037
905.66, 907.13, 907.14, 907.16, 907.30, 907.31, 921.02, 921.06,	125038
921.09, 921.11, 921.13, 921.16, 921.22, 921.27, 921.29, 923.44,	125039
923.46, 927.51, 927.52, 927.53, 927.54, 927.56, 927.69, 927.70,	125040
927.701, 927.71, 927.74, 943.16, 1501.01, 1501.05, 1501.07,	125041
1501.30, 1504.01, 1504.02, 1504.03, 1504.04, 1506.01, 1507.01,	125042
1511.01, 1511.02, 1511.021, 1511.022, 1511.03, 1511.04, 1511.05,	125043
1511.06, 1511.07, 1511.071, 1511.08, 1514.08, 1514.13, 1515.08,	125044
1515.14, 1515.183, 1519.03, 1520.02, 1520.03, 1521.02, 1521.03,	125045
1521.031, 1521.04, 1521.061, 1521.062, 1521.064, 1521.07,	125046
1521.10, 1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16,	125047
1521.18, 1521.19, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05,	125048
1523.06, 1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12,	125049
1523.13, 1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19,	125050
1523.20, 1541.03, 1707.37, 3301.073, 3301.0718, 3301.122,	125051
3301.68, 3301.82, 3302.031, 3302.05, 3302.07, 3306.01, 3306.011,	125052
3306.012, 3306.02, 3306.03, 3306.031, 3306.04, 3306.05,	125053
3306.051, 3306.052, 3306.06, 3306.07, 3306.08, 3306.09, 3306.091,	125054
3306.10, 3306.11, 3306.12, 3306.13, 3306.14, 3306.15, 3306.16,	125055
3306.17, 3306.18, 3306.19, 3306.191, 3306.192, 3306.21, 3306.22,	125056
3306.25, 3306.29, 3306.291, 3306.292, 3306.30, 3306.31, 3306.32,	125057
3306.321, 3306.33, 3306.34, 3306.35, 3306.40, 3306.50, 3306.51,	125058
3306.52, 3306.53, 3306.54, 3306.55, 3306.56, 3306.57, 3307.31,	125059
3307.64, 3309.41, 3309.48, 3309.51, 3310.08, 3310.09, 3310.41,	125060
3311.0510, 3311.06, 3311.19, 3311.21, 3311.29, 3311.52,	125061
3311.76, 3313.483, 3313.55, 3313.64, 3313.642, 3313.843, 3313.98,	125062
3313.981, 3314.028, 3314.075, 3314.083, 3314.084, 3314.085,	125063
3314.087, 3314.091, 3314.10, 3314.13, 3314.35, 3316.041,	125064
3316.06, 3316.20, 3317.011, 3317.018, 3317.02, 3317.021,	125065
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211,	125066
3317.03, 3317.031, 3317.04, 3317.05, 3317.051, 3317.053,	125067
3317.061, 3317.063, 3317.081, 3317.082, 3317.10, 3317.12, 3317.16,	125068
3317.18, 3317.20, 3317.201, 3318.011, 3318.051, 3319.221,	125069
3319.57, 3319.70, 3319.71, 3323.091, 3323.14, 3323.142, 3324.05,	125070
3326.21, 3326.31, 3326.32, 3326.33, 3326.34, 3326.38, 3326.51,	125071
3327.02, 3327.04, 3327.05, 3329.16, 3333.04, 3333.122, 3333.27,	125072
3333.28, 3333.61, 3333.62, 3333.66, 3333.73, 3333.83, 3333.91,	125073
3349.242, 3353.20, 3365.01, 3704.14, 3704.143, 3705.24, 3706.04,	125074
3706.35, 3712.03, 3714.073, 3718.03, 3733.43, 3745.015, 3748.01,	125075
3748.04, 3748.07, 3748.12, 3748.13, 3901.3812, 3923.90, 3923.91,	125076
4117.02, 4117.12, 4117.24, 4501.29, 4503.068, 4503.10, 4505.06,	125077
5101.073, 5107.58, 5111.65, 5111.651, 5111.688, 5111.689,	125078
5111.874, 5111.875, 5112.40, 5112.41, 5112.42, 5112.43, 5112.44,	125079
5112.45, 5112.451, 5112.46, 5112.47, 5112.48, 5123.0412, 5126.05,	125080
5126.24, 5703.80, 5715.26, 5725.18, 5727.84, 5729.03, 5739.01,	125081
5739.03, 5739.033, 5739.051, and 6111.044 of the Revised Code.	125082

The amendment by this act to section 124.134 of the Revised	125083
Code takes effect on August 30, 2009.	125084

The amendment, enactment, or repeal of sections 173.70,	125085
173.71, 173.72, 173.721, 173.722, 173.723, 173.724, 173.73,	125086
173.731, 173.732, 173.74, 173.741, 173.742, 173.75, 173.751,	125087
173.752, 173.753, 173.76, 173.77, 173.771, 173.772, 173.773,	125088
173.78, 173.79, 173.791, 173.80, 173.801, 173.802, 173.803,	125089
173.81, 173.811, 173.812, 173.813, 173.814, 173.815, 173.82,	125090
173.83, 173.831, 173.832, 173.833, 173.84, 173.85, 173.86,	125091
173.861, 173.87, 173.871, 173.872, 173.873, 173.874, 173.875,	125092
173.876, 173.88, 173.89, 173.891, 173.892, 173.90, 173.91, 173.99,	125093
3721.02, 3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.53,	125094
3721.55, 3721.56, 4301.43, 5111.222, 5111.231, 5111.24, 5111.25,	125095
5112.30, 5112.31, 5112.37, 5112.371, and 5112.372 of the Revised	125096
Code takes effect July 1, 2009.	125097

The repeal of sections 5112.40, 5112.41, 5112.42, 5112.43,	125098
5112.44, 5112.45, 5112.451, 5112.46, 5112.47, and 5112.48 of the	125099
Revised Code takes effect October 1, 2011.	125100

Sections of this act prefixed with section numbers in the	125101
200's, 300's, 400's, 500's, 700's, and 800's, except for Sections	125102
207.10.90, 241.20, 265.60.60, 265.70.20, 309.40.20, 309.50.30,	125103
313.20, 371.60.20, 371.70.20, 385.30, 399.20, 512.40, 523.10,	125104
701,20, 701.70, and 751.10 of this act.	125105

The amendment of Section 301.10.50 of H.B. 496 of the 127th	125106
General Assembly.	125107

The amendment of Section 153 of Am. Sub. H.B. 117 of the	125108
121st General Assembly.	125109

Sections 309.30.20, 309.30.30, 309.30.40, 309.30.50,	125110
309.30.60, and 309.30.70 of this act take effect July 1, 2009.	125111

Section 812.30. The sections that are listed in the	125112
left-hand column of the following table combine amendments by this	125113
act that are and that are not exempt from the referendum under	125114
Ohio Constitution, Article II, Sections 1c and 1d and section	125115
1.471 of the Revised Code.	125116

The middle column identifies the amendments to the listed	125117
sections that are subject to the referendum under Ohio	125118
Constitution, Article II, Section 1c and therefore take effect on	125119
the ninety-first day after this act is filed with the Secretary of	125120
State or, if a later effective date is specified, on that date.	125121

The right-hand column identifies the amendments to the listed	125122
sections that are exempt from the referendum because they are or	125123
relate to an appropriation for current expenses within the meaning	125124
of Ohio Constitution, Article II, Section 1d and section 1.471 of	125125
the Revised Code, or define a tax levy within the meaning of Ohio	125126
Constitution, Article II, Section 1d, and therefore take effect	125127
immediately when this act becomes law or, if a later effective	125128
date is specified, on that date.	125129

Section of law	Amendments subject to referendum	Amendments exempt from referendum	125130
121.04	All amendments except those described in the right-hand column	The amendment striking "Water;" the amendment replacing "conservation" with "resources"; and the amendment striking "Real estate and land management;"	125131
1521.05	All amendments except those described in the right-hand column	The amendments to division (B)	125132
1521.06	All amendments except those described in the right-hand column	The amendments to division (A)	125133
1521.063	All amendments except those described in the right-hand column	The amendments to divisions (A) and (A)(1) replacing "division of water" with "division of soil and water resources"	125134
3301.07	The amendment that strikes through original division (N)	All amendments except the amendment described in the middle column	125135
3313.6410	Division (A)	Division (B)	125136
3314.03	All amendments except the amendments to divisions (A)(8), (A)(11)(g), (A)(15), and (A)(23)	Amendments to divisions (A)(8), (A)(11)(g), (A)(15), and (A)(23)	125137
3314.08	The amendments to division ~~(L)~~(J)(3); the amendments to division ~~(M)~~(K) that follow "Revised Code"; and the amendments to division ~~(Q)~~(N)(3)	All amendments except those described in the middle column	125138
3315.37	All amendments except the amendment described in the right-hand column	The amendment to the fourth paragraph that strikes through "3333.27,"	125139
3317.01	Division (B)	All amendments except those in division (B)	125140
3333.38	All amendments except the amendment described in the right-hand column	The amendment to division (A)(2) that strikes through "3333.27,"	125141
3345.32	All amendments except the amendment described in the right-hand column	The amendment to division (D) that strikes through "3333.27,"	125142
3734.57	The amendment to division (A) authorizing electronic payment of solid waste disposal fees	All other amendments to division (A)	125143
4117.01	All amendments except those described in the right-hand column	The amendment to division (C)(5), the amendment striking the language from division (C)(15), and the amendments adjusting the division numbering in divisions (C)(16) and (17)	125144
5751.20	All amendments except those described in the right-hand column	The amendments to divisions (A)(2), (A)(3), and (B), effective July 1, 2009	125145

Section 812.40. The amendments by this act to sections	125146
127.16 and 2921.13 of the Revised Code are subject to the	125147
referendum and take effect as follows:	125148

(A) In the case of section 127.16 of the Revised Code, the	125149
amendment to division (D)(34) of the section takes effect on the	125150
ninety-first day after this act is filed with the Secretary of	125151
State, and the amendment to divisions (D)(35) and (36) of the	125152
section takes effect on July 1, 2009.	125153

(B) In the case of section 2921.13 of the Revised Code, the	125154
amendments take effect July 1, 2009.	125155

Section 812.50. The amendment by this act of section 4511.81	125156
of the Revised Code takes effect at the earliest time permitted	125157
by law that is on or after the date on which the section, as it	125158
results from Am. Sub. H.B. 320 of the 127th General Assembly,	125159
takes effect.	125160

Section 815.10. The General Assembly, applying the principle	125161
stated in division (B) of section 1.52 of the Revised Code that	125162
amendments are to be harmonized if reasonably capable of	125163
simultaneous operation, finds that the following sections,	125164
presented in this act as composites of the sections as amended by	125165
the acts indicated, are the resulting versions of the sections in	125166
effect prior to the effective date of the sections as presented in	125167
this act:	125168

Section 9.314 of the Revised Code as amended by Am. Sub.	125169
H.B. 106 and Sub. H.B. 204, both of the 125th General Assembly.	125170

Section 109.572 of the Revised Code as amended by Sub. H.B.	125171
195, Sub. H.B. 545, and Sub. S.B. 247, all of the 127th General	125172
Assembly.	125173

Section 109.77 of the Revised Code as amended by Am. Sub.	125174
H.B. 490, Sub. H.B. 545, and H.B. 675, all of the 124th General	125175
Assembly.	125176

Section 121.37 of the Revised Code as amended by both Sub.	125177
H.B. 289 and Am. Sub. H.B. 530 of the 126th General Assembly.	125178

Section 122.075 of the Revised Code as amended by Sub. H.B.	125179
245 and Sub. H.B. 251, both of the 126th General Assembly.	125180

Section 149.43 of the Revised Code as amended by Am. Sub.	125181
H.B. 214 and Am. Sub. S.B. 248, both of the 127th General	125182
Assembly.	125183

Section 1511.01 of the Revised Code as amended by Am. Sub.	125184
S.B. 73 and Am. Sub. S.B. 182, both of the 120th General Assembly.	125185

Section 1520.02 of the Revised Code as amended by Sub. H.B.	125186
443 and Am. Sub. H.B. 699, both of the 126th General Assembly.	125187

Section 1547.99 of the Revised Code as amended by Am. Sub.	125188
S.B. 17 and Am. Sub. S.B. 271, both of the 127th General	125189
Assembly.	125190

Section 2913.46 of the Revised Code as amended by Am. Sub.	125191
S.B. 107, Am. Sub. S.B. 269, and Am. Sub. S.B. 293, all of the	125192
121st General Assembly.	125193

Section 3313.614 of the Revised Code as amended by Am. Sub.	125194
H.B. 276 and Am. Sub. S.B. 311, both of the 126th General	125195
Assembly.	125196

Section 3313.64 of the Revised Code as amended by Am. Sub.	125197
H.B. 119 and Am. Sub. H.B. 214, both of the 127th General	125198
Assembly.	125199

Section 3319.291 of the Revised Code as amended by Sub. H.B.	125200
428 and Am. Sub. H.B. 562, both of the 127th General Assembly.	125201

Section 3733.02 of the Revised Code as amended by Am. Sub.	125202
H.B. 368 and Sub. S.B. 102, both of the 125th General Assembly.	125203

Section 4169.02 of the Revised Code as amended by Sub. H.B.	125204
535 and Am. Sub. S.B. 293, both of the 121st General Assembly.	125205

Section 4169.04 of the Revised Code as amended by Am. Sub.	125206
H.B. 535 and Am. Sub. S.B. 293, both of the 121st General	125207
Assembly.	125208

Section 4301.355 of the Revised Code as amended by Am. Sub.	125209
H.B. 562 and Sub. S.B. 150, both of the 127th General Assembly.	125210

Section 4303.182 of the Revised Code as amended by Am. Sub.	125211
H.B. 562 and Sub. S.B. 150, both of the 127th General Assembly.	125212

Section 4507.03 of the Revised Code as amended by Sub. S.B.	125213
96 of the 120th General Assembly and Sub. H.B. 9 of the 127th	125214
General Assembly.	125215

Section 4763.05 of the Revised Code as amended by Am. Sub.	125216
H.B. 699 and Am. Sub. S.B. 223, both of the 126th General	125217
Assembly.	125218

Section 4767.08 of the Revised Code as amended by Am. Sub.	125219
H.B. 138 and Sub. H.B. 531, both of the 123rd General Assembly.	125220